5 16 16 City Council Agenda ROLL CALL ORDER FOR MEETING OF
May 18, 2018
Lynch, Resnick, Connors, Del Toro, Jones, Rios, Bull
`4v OFe4 CRY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
r u Historic Federal Building
`p.',.. nun T" 350W. Blh Street
E4 May 18, 2018
Council meetings are video dreamed live and archived at www.cityottlulamue.org/metlia and on
Dubuque's CityChannel on the Radial cable system at cable channel 8 and digital 85.2.
REGULAR SESSION
8:30 PM
PLEDGE OF ALLEGIANCE
PROCUINATION(S)
1. Bike to Work Week (Mary 18-20, 2018)
2. DURitle in Service to Older Americans Month (May 2018)
3. Apples for Students Months (JuroJJuly 2018)
CONSENT REMS
The consent agenda iRms are considered to be routine and non-mMoversiel and ell consent iRmswill
be normally voted upon In a single motion whrout any seperaR tliscussion on a particular iRm. If you
vmultl like to discuss one of the Consent IRms, please go to the microphone and be recognized by the
Mayor and grand the IRm you vmultl like 2i from the Consent Agenda for separate discussion and
chorderaeon.
1. Mnules and Reports Submitted
Cry Council Proceedings of 9$ 5/$ Civil Sondes Cammi stun of 4126, French Preservation Commis9an
of 4121, Inve4irent (dinought Htivi mry Com ageon of 4/27; it briery Board of Trustees Council Uptlend
,ti Lang Pefge Plenni fg Htlti mry Cammissian of 4,20, Zoni fg Htivisery Cammissian of 94; Zoning
Baem of Adjustment of 4128, Prod of Publiaeeen for City Council Proceedings of 4,18, Proof of
Publiaeeen for List of Cali nWsummery of Revenues for ManN Ending 331
Suggested Disposition: Receive and File
2. Notice &Claims and Suits
Rab Kleuer 1 Dubuque Furniture & FbariN for property bombed
Suggested Disposition: Receive and File; Rotor o City Attorney
3. Disposition of Claims
City Attorney pension that the folhowng clef nor have been referred to Public Entity Risk Services of Iavr4
the agent forte lova Communises Assurance Per Rob Kleuer for property tlemege, Devon Phillips for
property bee.
Suggested Disposition: Receive and File; Concur
4. FEMA Fire Prevention and Life Safety Grant Application
City Manager recommending approval to submit an application for a FEMA Fire Prevention and Life
Safety Grant.
Suggested Disposition: Receive and File; Approve
5. Quarterly Investment Report
City Manager transmitting the March 31, 2016 Quarterly Investment Report.
Suggested Disposition: Receive and File
6. Civil Service Commission - Certified Lists
Civil Service Commission submitting the certified lists for the positions of Sewer Maintenance Foreman,
Foreman, Public Safety Dispatcher and Inspector II.
Suggested Disposition: Receive and File; Make Matter of Record
7. Riley Auto Sales Co. -Acceptance of Water Main Improvements
City Manager recommending acceptance of the water main public improvements that the owner, Riley
Auto Sales Co., has recently completed adjacent to the south side of their property at 4455 Dodge Street.
RESOLUTION Accepting water main improvements in the Dodge Street(US Highway 20) Right-of-Way in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. Timber-Hyrst Sanitary Creek Crossings Project Award
City Manager recommending that the award for the Timber-Hyrst Estates#4 North and South Line Creek
Crossings Project be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
9. Rustic Point Estates - Preliminary Plat
Zoning Advisory Commission recommending approval of the Preliminary Plat of Rustic Point Estates,
12568 Kennedy Road.
Suggested Disposition: Receive and File; Approve
10. Table Mound Mobile Home Park - Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Table Mound Mobile Home
Park on Key West Drive subject to waiving the lot frontage requirement for Lot 2.
RESOLUTION Approving the Plat of Survey Table Mound Mobile Home Park in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Plat of Survey - Tiefenthaler 2nd Place
City Manager recommending approval of the Plat of Survey of Lots 1 and 2 of Tiefenthaler 2nd Place, in
the City of Dubuque, Iowa (North Grandview Avenue and University Avenue).
RESOLUTION Approving Plat of proposed vacated right of way of North Grandview Avenue South of
University Avenue, being part of Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172, in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Eagle Point Park - Certified Local Government (CLG) Grant Amendment
City Manager recommending approval of an amendment to Certified Local Government (CLG) Grant No.
2015-03 with the State Historic Preservation Office for Eagle Point Park that removes the requirement to
complete the second part of the project, the National Register of Historic Places nomination, as part of the
grant contract.
RESOLUTION Authorizing amendment to CLG Grant-in-Aid-Agreement with State Historical Society of
Iowa to remove National Register of Historic Places Nomination for Eagle Point Park
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Pre-Annexation Agreement - Kemp
City Manager recommending approval of a Pre-Annexation Agreement with James P. Kemp and Kathy J.
Kemp.
RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and James P.
Kemp and Kathy J. Kemp
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Mark Fondell Excavating, Inc. vs. City of Dubuque
City Attorney submitting a Summary Judgment dismissing the suit of Mark Fondell Excavating, Inc. vs.
City of Dubuque.
Suggested Disposition: Receive and File
15. Request for Release of Funds - Fiscal Year 2016 CDBG Annual Action Plan - Historic Bluffs
Neighborhood Association
City Manager recommending approval of the Request for 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 activities that includes an environmental review of the Historic Bluffs
Neighborhood Association's community garden project.
RESOLUTION Authorizing request for release of Community Development Block Grant Funds for Fiscal
Year 2016 (Program Year 2017).
Suggested Disposition: Receive and File; Adopt Resolution(s)
Changed
16. National Recreation and Park Association Great Urban Parks Campaign Grant Application
City Manager transmitting the National Recreation and Park Association Great Urban Parks Campaign
Grant that was submitted on behalf of the City of Dubuque for components to be developed in the Lower
Bee Branch.
Suggested Disposition: Receive and File
17. Ham House Masonry Rehabilitation Project - ArchitecturavEngineering Services
City Manager recommending approval to enter into a contract with Selser Schaefer Architects to conduct
consultant services for the Ham House Masonry Rehabilitation Project.
Suggested Disposition: Receive and File; Approve
18. Five Flags Theater Masonry Rehabilitation and Fire Escape - Architectural/Engineering
Services
City Manager recommending approval to enter into a contract with Selser Schaefer Architects to conduct
consultant services for the Five Flags Theater Masonry Rehabilitation and Fire Escape Project.
Suggested Disposition: Receive and File; Approve
19. Public Housing Agency (PHA) Annual Plan
City Manager recommending approval to resubmit the Annual Public Housing Agency (PHA) Plan, along
with the Certification for Consistency with the Consolidated Plan.
RESOLUTION Authorizing the Mayor to execute the Certification by State or Local Official of PHA Plans,
Consistency with the Consolidated Plan and approval of the PHA Annual Plan
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. Acceptance of Deed and Assignment of Lease for 2239 University - Fahey Family Limited
Partnership/ Rainbo Oil
City Manager acceptance of the deed for the property at 2239 University Avenue from the Fahey Family
Limited Partnership and acceptance of a month-to-month lease for the Dog House parking lot.
RESOLUTION Accepting the Deed to certain real estate in the City of Dubuque, Iowa and an Assignment
of Lease from Fahey Family Limited Partnership
Suggested Disposition: Receive and File; Adopt Resolution(s)
21. Mystique Casino Request to Construct Outside Patio and Pergola
City Manager recommending approval of a request from Mystque Casino to spend funds from the
Dubuque Racing Association Depreciation and Improvement Fund to construct a patio and pergola in the
area between the Hilton Garden Inn and Houlihan's Restaurant to meet required Hilton standards.
Suggested Disposition: Receive and File; Approve
22. IDOT Five-Year Agreement for Maintenance and Repair of Primary Roads in Municipalities
City Manager recommending approval and endorsement of the Five-Year Agreement for Maintenance and
Repair of Primary Roads in Municipalities between the Iowa Department of Transportation and the City of
Dubuque.
Suggested Disposition: Receive and File; Approve
23. Southwest Arterial Property Acquisitions
City Manager recommending approval of resolutons accepting Grants of Easements and Deeds to three
properties acquired for the Southwest Arterial Project owned by Bob Broughton Investments, Inc.; Arthofer
Properties, LLC; Link Properties, LLC; and Menard, Inc.
RESOLUTION (4) Accept ng Grants of Temporary Easements and Deeds
Suggested Disposition: Receive and File; Adopt Resolution(s)
24. Signed Contracts
Colleen Lindstrom d/b/a Dubuque by Carriage Eleventh Amendment to Lease Agreement
Suggested Disposition: Receive and File
25. Improvement Contracts/ Performance, Payment and Maintenance Bonds
MDE, LLC d/b/a McDermott Excavating for the DICS Building Pad 1 Sanitary Sewer Extension
Suggested Disposition: Receive and File; Approve
26. Alcohol Compliance Civil Penalty for Alcohol License Holder—Carlos O'Kelly's Mexican
Cafe
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive.
Suggested Disposition: Receive and File; Approve
27. Tobacco Compliance—Civil Penalty for Tobacco License Holder—The Altered State
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco
compliance violation for the Altered State, 1533 Central Avenue.
Suggested Disposition: Receive and File; Approve
28. Alcohol License Applications
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. Rite Hite/AB(MC)2 Expansion Development Agreement
City Manager recommending that a public hearing be set for June 6, 2016, on the proposal to
enter into a Development Agreement with Rite Hite/AB(MC)2 for their expansion project at 4343
Chavenelle Road.
RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque,
Iowa on the execution of a Development Agreement with Rite Hite/AB(MC)2 and the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations and providing for the publication
of notice thereof
Suggested Disposition:
Receive and File; Adopt Resolutions, Set Public Hearing for 6/6/16
2. Vacating Petition - North Grandview Avenue/ University Avenue Right-of-Way
City Manager recommending that a public hearing be set for June 6, 2016, on the disposition of a
portion of the North GrandvlewAvenue right-of-way in the southwest corner of North Grandview
Avenue and University Avenue to Tom Tiefenthaler of K&T Real Estate, LLC.
RESOLUTION of I ntent to vacate and dispose of City Interest in a portion of the right of way of
North Grandview Avenue south of University Avenue, being part of Lots 1 and 2 of the Subdivision
of Lot 12 of Mineral Lot 172, to be known as Lot 1 of Tefenthaler 2nd Place, in the City of
Dubuque, Iowa by sale to K & T Real Estate, LLC
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 6/6/16
BOARDS/COMMISSIONS
1. Boards and Commissions Appointment
Appointment to the following commission to be made at this meeting.
Building Code and Advisory Appeals Board
One, 3-year term through August 1, 2018 (Vacant term of Carr— Residential Contractor)
Applicant:
Mark Gudenkauf, 1251 Deer Creek Ridge (Qualifies for Residential Contractor)
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 - End of Wolff Road
Proof of publication on notice of public hearing to consider a request by Steve Smith to rezone
property at the end of Wolff Road (Parcel ID# 1020376004) from CSc Commercial Service&
Wholesale with conditions to LI Light Industrial District and the Zoning Advisory Commission
recommending approval with conditions.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at the end of Wolff
Road from CSc Commercial Service and Wholesale District with conditions to LI Light Industrial
District with conditions as established in the attached Memorandum of Agreement
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone - 800 and 804 Rhomberg Avenue
Proof of publication on notice of public hearing to consider a request by AI Urbain Construction
Management, Inc. to rezone property at 800 & 804 Rhomberg Avenue from C-1 Neighborhood
Commercial and R-2A Alternate Two-Family Residential to C-2 Neighborhood Shopping Center
zoning district 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 800 and 804
Rhomberg Avenue from R-1 Single-Family Residential and C-1 Neighborhood Commercial District
to C-2 Neighborhood Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A
3. Request to Amend PUD - Historic Millwork District
Proof of publication on notice of public hearing to consider approval of a request by Keith
Gutierrez to amend the Historic Millwork District Planned Unit Development(PUD) to allow
microbrewery, winery and distillery as permitted uses and the Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Title 16, the Unified Development Code of the City of Dubuque Code of
Ordinances by rescinding Ordinance 75-15 Which provides regulations for a PUD Planned Unit
Development District with a Planned Commercial Designation for the Historic Millwork District PUD
and now being amended to include Microbrewery, Winery and Distillery as permitted uses
Suggested Disposition: Receive and File; Motion B; Motion A
4. Carnegie-Stout Public Library Maker Space Project
Proof of publication on notice of public hearing to consider approval of plans, specifications, form
of contract and estimated cost for the Carnegie--Stout Public Library Maker Space Project and
the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the
Carnegie-Stout Public Library's (C-SPL) Maker Space 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. Public Input at City Council Meetings (2nd Reading)
City Attorney submitting a proposed ordinance concerning the placement of Public Input on the
Council agenda.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6
Mayor and City Council, Article A Rules and Procedure, Sections 1-6A-11 Order of Business and
Agenda and 1-6A-14 Rights of Public by clarifying the rules relating to communications to the City
Council and the Public Input Agenda
Suggested Disposition: Receive and File; Motion B; Motion A
2. Start Time for City Council Meetings (2nd Reading)
City Attorney submitting a proposed ordinance adjusting the start time for regular meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6
Mayor and City Council, Article A Rules and Procedure, Section 1-6A-3 Types of Meeting by
establishing the meeting time for regular City Council meetings of 6:00 PM
Suggested Disposition: Receive and File; Motion B; Motion A
3. Rite Hite/AB(MC)2 - Iowa Economic Development Authority Application for State Assistance
City Manager recommending approval of the submittal of an Economic Development Assistance
Application to the Iowa Economic Development Authority on behalf of Rite Hite/AB(MC)2 for their
proposed expansion in Dubuque.
RESOLUTION Authorizing the filing of an application for State Business Financial Assistance on
behalf of Rite Hite/AB(MC)2.
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. North Grandview Avenue, Delhi Street and Grace Street Roundabout Project Award
City Manager recommending award of the construction contract for the North Grandview Avenue,
Delhi Street and Grace Street Roundabout Project to the low bidder Portzen Construction, Inc.
RESOLUTION Awarding Public Improvement Contract for the North GrandvlewAvenue and Delhi
Street Roundabout Intersection Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Dubuque Industrial Center South -Verena Court Project Award
City Manager recommending award of the construction contract for the Dubuque Industrial Center
South -Verena Court Project to the low bidder Drew Cook and Sons Excavating.
RESOLUTION Awarding Public Improvement Contract for the Verena Court Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. English Ridge Subdivision No. 7 - Final Plat
City Manager recommending approval of the final plat of English Ridge Subdivision No. 7 and
states that it is in compliance with the City of Dubuque Unified Development Code.
RESOLUTION Authorizing approval of the Final Plat of English Ridge Subdivision No. 7 in the
City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Code of Ordinances Amendment - Title 7 Tobacco Products to Underage Persons
City Manager recommending approval of an amendment to the City of Dubuque Code of
Ordinances Section 7-5A-15, Tobacco Products to Underage Persons, to mirror the Iowa Code,
which includes vapor and tobacco alternatives.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public
Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-15 Tobacco Products to
underage persons to mirror the State Code
Suggested Disposition: Receive and File; Motion B; Motion A
8. Code of Ordinances Amendment - Title 7 Public Urination or Defecation
City Manager recommending approval of an amendment to City of Dubuque Code of Ordinances
Section 7-5A-9, Public Urination or Defecation, that removes the$50 scheduled fine for the
violation and gives the City the ability to set the fine within the simple misdemeanor range.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public
Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-9 Public Urination or
Defecation to remove the scheduled fine
Suggested Disposition: Receive and File; Motion B; Motion A
9. 2016 Art on the River Feature - Temporary Loan of"Continuum"
City Manager recommending approval to use the"Continuum," one of the City's first public art
acquisitions, as a featured work at this year's Art on the River exhibit.
Suggested Disposition: Receive and File; Approve
10. Greater Dubuque Development Corporation - Board Membership
Correspondence from Rick Dickinson, President& CEO for Greater Dubuque Development
Corporation, requesting confirmation of the Mayor's appointment and two City Council
representatives to the GDDC Board of Directors for the terms of Council Members Connors and
Lynch that expire June 30, 2016.
Suggested Disposition: Receive and File; Concur
11. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour
City Manager recommending that the City Council schedule the Bee Branch Creek Restoration
Project Walking Tour Work Session for Monday, May 23, 2016, at 5:30 p.m.
Suggested Disposition: Receive and File; Council
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