3 21 16 City Council Agenda ROLL CALL ORDER FOR MEETING OF
March P1, P018
Del Toro, Jones, Resnick, Buot Rios, Connors, Lynch
CRY OF DUBUQUE IOWA
GYGI>4 CITY COUNCIL MEETING
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Historic Federal Building
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March 21, 2016 r a�
Count meetings are video granted live and archived at www.okyottlubuque.org/metlia and on
Dubuque's CityChannel on the Metliacom cable system A Channel 8 (analog) and 85.2 (digital).
WORK SESSION
1. 5:30 PM - U.S. EPA Seng Annual Consent Deuee Update
Cry Council vnll conduct the s url equal work search who Eggineeri Le staff hall le the LLS_
Emnronirernal PraRcean Agency (EPA) Consent Decree_
REGULAR SESSION
8:30 PM
PLEDGE OF ALLEGIANCE
PRESENTATIONUS)
1. National League M Cities 2016 City Cultural Diversity Award
Presentation of the 2016 National League of CiOes (NLC) It rr Place City Cultural Diversiy Award
le the City of Dubuque for Its support of Inclusive Dubuque and the efforts le develop a communiy
equity profile.
PROCUINATION(S)
1. Autism Awareness Month (April 2016)
CONSENT RENIS
The consent agenda items are considered to be routine and non-contrawnual and ell consen[ iRmswill
be normally voted upon In a single motion whrout any separate tliscussion on a Paunchier hon if you
would like to discuss one of the Consen[ Items, please go to the microphone and be recognized by the
Mayor and grate the Item you would like rei from the Consent Agenda for operate discussion and
chorderaeoh.
1. Mnules and Reports Submitted
City Council Minutes of 34, 3114, Human Rlghts Cammissian of 218, Library Boertl of Trustees of 1128
and Caunci I ingrate of 2126, Zoni Le Htivisoy Cammissian of 3/2 Proof of Publication for City Council
ProceedLee of 2115, 2117, 2118, '122 and 2124, Prod of Publi catch for List of Cal nor and Suranery of
Revenues for Manto Ending 1131
Suggested Disposition: Revive and File
2. Notice of Claims and Suits
Catherine Christensen for personal injury; Laura Gerner for property damage; William and Racquel
McClellen and Ramone Bowen, Jr. for personal injury and property damage; Iraida Nazario for property
damage.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa,
the agent for the Iowa Communities Assurance Pool: Catherine Christensen for personal injury; Laura
Gerner for property damage; William and Racquel McClellan and Ramone Bowen, Jr. for personal injury
and vehicle damage; Iraida Nazario for property damage.
Suggested Disposition: Receive and File; Concur
4. Civil Service Commission - Certified Lists
Civil Service Commission submitting the certified list for the position of Water Distribution Equipment
Operator.
Suggested Disposition: Receive and File; Make Matter of Record
5. Heritage Works Letter of Support for Eagle Point Park Celebration and Symposium
City Manager transmitting Mayor Buol's Letter of Support for Heritage Works to produce a celebration for
and academic symposium about Alfred Caldwell's work at Eagle Point Park.
Suggested Disposition: Receive and File
6. Acceptance of Donation of Lot Adjacent to Southern Park
City Manager recommending acceptance of the donation from Dubuque County of Lot 2 of Subdivision of
Lot 6 of John Breakey's Dubuque located adjacent to Southern Park.
RESOLUTION Accepting the Deed to certain real estate in Dubuque County, Iowa from Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Andrew Makovec Claim Appeal
City Attorney recommending denial of the appeal of a claim against the City by Andrew Makovec for
property damage.
Suggested Disposition: Receive and File; Concur
8. General Obligation Bonds Series 2016ABC Complete Action
City Manager recommending approval of the suggested proceedings to complete the action required on
the recent Series 2016A, Series 2016B and Series 2016C General Obligation Bonds.
RESOLUTION (Series 2016A) Appointing Wells Fargo Bank, National Association of Minneapolis,
Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent
and Bond Registrar and Transfer Agent Agreement and authorizing the Execution of the Agreement
RESOLUTION (Series 2016A) Amending the"Resolution Authorizing and Providing for the Issuance and
Levying a Taxfor the Payment Thereof' passed May 4, 2015, by substituting a new Resolution therefore,
authorizing and providing for the issuance of$2,830,000 General Obligation Bonds, Series 2016A, and
levying a taxto pay said Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure
Certificate
RESOLUTION (Series 2016B) Appointing Wells Fargo Bank, National Association of Minneapolis,
Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent
and Bond Registrar and Transfer Agent Agreement and Authorizing the execution of the Agreement
RESOLUTION (Series 2016B) Authorizing and providing for the issuance of$10,920,000 General
Obligation Refunding Bonds, Series 2016B, and levying a tax to pay said Bonds; approval of the Tax
Exemption Certificate and Continuing Disclosure Certificate
RESOLUTION (Series 2016C) Appointing Wells Fargo Bank, National Association of Minneapolis,
Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent
and Bond Registrar and Transfer Agent Agreement and Authorizing the execution of the Agreement
RESOLUTION (Series 2016C) Authorizing and providing for the issuance of$4,145,000 General
Obligation Bonds, Series 2016C, and levying a taxto pay said Bonds; approval of the Tax Exemption
Certificate and Continuing Disclosure Certificate
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. U.S. EPA Consent Decree Semiannual Report
City Manager recommending approval and authorization for the City Manager to certify and submit the
City of Dubuque's March 31 Semi Annual Report to the US Department of Justice, US Environmental
Protection Agency and the Iowa Department of Natural Resources.
Suggested Disposition: Receive and File; Approve
10. Stipulation of Settlement —Adams Company Property Tax Appeal
City Attorney recommending approval of the Stipulation of Settlement for a property tax appeal filed by the
Adams Company for property located at 8040 Chavenelle Road.
Suggested Disposition: Receive and File; Approve
11. Holy Family Catholic Schools Indemnification Agreement
City Manager recommending approval of an agreement between Holy Family Catholic Schools and the
City of Dubuque for the purpose of stream cleanup and testing activities at the Bee Branch Creek.
Suggested Disposition: Receive and File; Approve
12. Application for Summer USDN Fellow
City Manager recommending approval of an application for a summer Fellow to be placed with the Human
Rights Department to support My Brother's Keeper Network.
Suggested Disposition: Receive and File; Approve
13. Rousselot Dubuque, Inc. Contract Amendment
City Manager recommending approval of an Amended Enterprise Zone Contract between Rousselot
Dubuque, Inc., the Iowa Economic Development Authority and the City of Dubuque, which extends
Rousselot's job creation requirements to December 31, 2016.
RESOLUTION Approving an Amendment to the Economic Development Assistance Contract by and
among Rousselot Dubuque, Inc., the City of Dubuque, and the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Final Plat of Dubuque Industrial Center South Third Addition
Zoning Advisory Commission recommending approval of the Final Plat of Dubuque Industrial Center South
Third Addition.
RESOLUTION Approving the final Plat Dubuque Industrial Center Third Addition in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Request to Award 30- and 42-inch Sanitary Sewer Force Main and Lift Station Assessment
and Rehabilitation Project
City Manager recommending authorization for the City to enter into a contract with Strand Associates to
perform engineering consulting services including, but not limited to, survey inspection and assessment of
the City's 30- and 42-inch sanitary sewer force mains and Terminal Street and Cedar Street Lift Stations
Suggested Disposition: Receive and File; Approve
16. Request for Release of Funds - CDBG
City Manager recommending approval of a resolution authorizing the Request Release of Funds for the
proposed projects approved in the Amended Fiscal Year 2016 (Program Year 2015) Annual Action Plan
for Community Development Block Grant(CDBG) activities.
RESOLUTION Authorizing Request for Release of Community Development Block Grant Funds for Fiscal
Year 2016 (Program Year 2015)
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. East-West Corridor DMATS STP Funding Application
City Manager recommending authorization for the City of Dubuque to submit an application for a Dubuque
Metropolitan Area Transportation Study (DMATS) Surface Transportation Program (STP) Grant to assist
with funding the intersection improvements for University Avenue"Overlap Section" between Pennsylvania
and Loras Boulevard as part of the East-West Corridor Improvements.
RESOLUTION Authorizing the filing of a Transportation Improvement Program grant application with the
Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program (STP) to
assist with the funding of intersection improvements for University Avenue "overlap section" between
Pennsylvania and Loras Boulevard as part of the East-West Corridor Improvements
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. DMATS Transit Planning Memorandum of Understanding
City Manager recommending approval of a Memorandum of Understanding with the Dubuque Metropolitan
Area Transportation Study (DMATS) for Transit Planning and Programming that outlines procedures for
complying with Federal Transit Administration regulations to ensure eligibility for state and federal funding.
Suggested Disposition: Receive and File; Approve
19. University of Iowa H-AQAST Grant Application
City Manager recommending approval of a Letter of Support for the University of Iowa for a Health and Air
Quality Applied Sciences Team grant application.
Suggested Disposition: Receive and File; Approve
20. Downtown Rehabilitation and Housing Creation Grant Program
City Manager recommending approval of two grant awards for 1804-1812 Central Avenue for Downtown
Rehabilitation and Housing Creation proposed grant awards for first quarter of 2016.
Suggested Disposition: Receive and File; Approve
21. Request for Proposal - Eagle Point Park Environmental Restoration Management Plan
City Manager recommending approval to release a Request for Proposal to create an Environmental
Restoration Management Plan for Eagle Point Park.
Suggested Disposition: Receive and File; Approve
22. Improvement Contracts/ Performance, Payment and Maintenance Bonds
Top Grade Excavating, Inc., for the Catfish Creek Interceptor Sewer Repair 2016.
Suggested Disposition: Receive and File; Approve
23. Signed Contracts
Conlon Construction Change Order No. 13 for the Dubuque Intermodal Transit Center; Portzen
Construction Change Order Nos. 6, 7 & 8 for the Upper Bee Branch Creek Restoration Channel, Streets
& Utilities Project; Dubuque Jaycees Lease Agreement for Veteran's Memorial Park Community Garden;
Dubuque Water Sports Club Lease Agreement for a section of Schmitt Island.
Suggested Disposition: Receive and File
24. Tobacco Compliance—Civil Penalty for Tobacco License Holder—Hy-Vee Wine& Spirits
I.N.
City Manager recommending approval of the Acknowledgment/Settlement Agreement for a tobacco
compliance violation for Hy-Vee Wine& Spirits "A," 3500 Dodge Street.
Suggested Disposition: Receive and File; Approve
25. Alcohol Compliance Civil Penalty for Alcohol License Holder—Town Clock Inn
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol
compliance violation for the Town Clock I nn, 799 Town Clock Plaza.
Suggested Disposition: Receive and File; Approve
26. Alcohol License Renewals
City Manager recommending approval of annual beer, liquor and wine licenses as submitted.
RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of
Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article
B Liquor, Beer and Wine Licenses and Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Old Mill Road Lease Agreement Amendment - Hartig
City Manager recommending a public hearing be set for April 4, 2016 to consider an amended
and restated lease agreement with David S. Hartig, Jr., with respect to City-owned residential and
commercial properties on Old Mill Road.
RESOLUTION of Intent to dispose of an interest in City-owned real property by Amendment to
Lease Agreement between the City of Dubuque and David S. Hartig, Jr. for the lease of certain
real property at 1620, 1650, 1695 and 1699 Old Mill Road
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 4/4/16
2. Dubuque Industrial Center South Building Pad One Sanitary Sewer Extension
City Manager recommending initiation of the public bidding procedure for the Dubuque Industrial
Center South, Building Pad 1 Sanitary Sewer Extension, and further recommends that a public
hearing be set for April 4, 2016.
RESOLUTION Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension -
Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 4/4/16
3. Fiscal Year 2016 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project
City Manager recommending initiation of the public bidding procedure for the FY16 Sewershed 7,
11 and 12 Sanitary Sewer Manhole Project, and further recommends that a public hearing be set
for April 4, 2016.
RESOLUTION FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project- Preliminary
approval of plans, specifications, form of contract, and estimated cost; setting date of public
hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 4/4/16
BOARDS/COMMISSIONS
1. Boards and Commission Applicant Review
Applicants are invited to address the City Council regarding their desire to serve on the following
Boards/Commissions. Applicant appointments will be made at the next City Council meeting.
Community Development Advisory Commission
One, 3-year term through February 15, 2019 (Vacant term of Maloy, At-Large)
Applicants:
Dean Boles, 1715 Geraldine Dr.
Jay Schiesl, 195 W. 17th St.
Tom Stovall, 3345 Ti bey Ct.
Housing Commission
One, 3-year term through August 17, 2018 (Vacant term of Foster)
Applicant:
Janice Craddieth, 1455 Washington St.
2. Boards and Commissions Appointments
Appointments to the following commissions to be made at this meeting.
Community Development Advisory Commission
One, 3-year term through February 15, 2018 (Vacant term of Kelley, former LMI Area
Representative)
Applicant:
Julie Woodyard, 2015 Washington (Qualifies for LMI Area Representative)
Historic Preservation Commission
One, 3-year term through July 1, 2016 (Vacant term of Whalen)
Applicant:
Juan Nieto, 510 West 11th St
This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 5 males/2 female
Mechanical Code Board
Two, 3-year terms through March 16, 2019 (Expiring terms of Billmeyer and Hillary)
Applicants:
Ronald Billmeyer, 2341 Coventry Park
Dan Hillary, 3087 Arbor Oaks
Zoning Board of Adjustment
One, 5-year term through March 25, 2021 (Expiring term of McCoy)
Applicant:
Jonathan McCoy, 263 Main St.
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total; currently 2 males/2 female
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please
come to the podium and state your name and address when the item you wish to speak to is
being considered.
SUSPEND THE RULES
1. Request to Rezone 3125 Cedar Crest Ridge
Proof of publication on notice of public hearing to consider a request from Joe Bitter to rezone
property located at 3125 Cedar Crest Ridge from CS Commercial Service and Wholesale to C-3
General Commercial, to permit an indoor recreation facility and the Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 3125 Cedar Crest
Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone 210 Jones Street
Proof of publication on notice of public hearing to consider a request from Chris Miller to rezone
property located at 210 Jones Street from C-4 Downtown Commercial to C-3 General Commercial
for climate-controlled storage and commercial/retail use and the Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 210 Jones Street
from C-4 Downtown Commercial District to C-3 General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
3. Fiscal Year 2016 Sewershed 5 Manhole Project
Proof of publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and estimated cost for the FY16 Sewershed 5 Sanitary Sewer Manhole Project
and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the
FY16 Sewershed 5 Sanitary Sewer Manhole Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
REINSTATE THE RULES
This action limits discussion to the City Council
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are not allowed
except as authorized by the Mayor.
1. Comprehensive Annual Financial Report (CAFR) and Auditor's Communication
City Manager transmitting the Fiscal Year 2015 Comprehensive Financial Report(CAFR),
Auditor's Communication with Those Charged with Governance Letter, along with the City Finance
staffs responses to auditor's findings.
Eide Bailly CPA Audit Partner Dave Cahill will make a presentation to City Council.
Suggested Disposition:
Receive and File; Presentation
2. Code of Ordinances Title 6 -Adopting the International Property Maintenance Code Changed
City Manager recommending adoption of the International Property Maintenance Code to replace
the City's existing Housing Code and used for the rental inspection program.
Correspondence from Behr's Funeral Home and the Downtown Neighborhood and Historic Bluffs
Neighborhood Associations regarding adoption of the International Property Maintenance Code.
ORDINANCE Repealing Title 6, Chapter 6 of the City OF Dubuque Code OF Ordinances and all
other ordinances or parts of laws in conflict therewith; adopting the 2015 Edition of the
International Property Maintenance Code, regulating and governing the conditions and
maintenance of all property, buildings, and structures; by providing the standards for supplied
utilities and facilities and other physical things and conditions essential to ensure that structures
are safe, sanitary and fit for occupation and use; and the condemnation of buildings and
structures unfit for human occupancy and use, and the demolition of such existing structure in the
City of Dubuque; providing for the issuance of permits and collection of fees therefor; and
adopting a new Article within Title 14, Chapter 1 as Article J
Suggested Disposition: Receive and File; Motion B; Motion A
3. Recommendation of Nine Pesticide-Free Parks
City Manager transmitting information on the progress of the Integrated Pest Management Work
Group and recommendation of nine pesticide-free parks.
Suggested Disposition: Receive and File; Approve
4. Property Acquisition - Morrison Brothers'Washington Street Properties
City Manager recommending approval to acquire property on Washington Street between E. 24th
Street and E. 25th Street from Morrison Brothers required for the Bee Branch Creek Restoration
Project.
RESOLUTION Approving the acquisition of real estate owned by Morrison Brothers in the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. 2016 Bridge Repair and Maintenance Project Award
City Manager recommending award of the construction contract for the 2016 Bridge Repairs and
Maintenance Project to the low bidder Tschiggfrie Excavating Co.
RESOLUTION Awarding public improvement contract for the 2016 Bridge Repairs and
Maintenance Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Heeb Street Retaining Wall Reconstruction Project Award
City Manager recommending award of the construction contract for the Heeb Street Retaining
Wall Reconstruction Project to the low bidder McDermott Excavating.
RESOLUTION Awarding public improvement contract for the Heeb Street Retaining Wall
Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of concern
to that person and which are not an agenda item. Please take your place at the microphone and state
your name and address clearly. Proceed with your comments; however, no formal action may be taken
at this time on your comments because of the notice requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -(j) Code of Iowa
ADJOURNMENT