9 6 16 City Council Agenda ROLL CALL ORDER FOR MEETING OF
September 6, 2016
Del Toro, Resnick, Connors, Lynch, Rios, Jones, Buol
CRY OF DUBUQUE IOWA
41
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September 8 2016 r a�
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on Dubuque's CityChannel on the Metliacom wbk system A wbk channel and digital 85.2
REGULAR SESSION
6:00 PM
PLEDGE OF ALLEGIANCE
SWEARING IN
1. Mayor Buol to Swear In Mayor Pro-Tem Kevin Lynch
PROCLAMATIONS)
1. Kayla Banwarth Day (Augusl25, 2016)
2. Days of Peace and Ceasefire (September 13-25, 2016)
CONSENT ITEMS
The consent agenda items are considered to be routine and non-mMoverinal and all consent items
vnll be normally voted upon In a single nwtion wood any separate discussion on a particular IRM If
you vmultl like to discuss one of the Consent Inns, please W R the or cmphone and be recognized
by the Wyor and state the item you vmultl like remmretl from the Consent Agenda for separate
discussion and consitlermon.
1. Minutes and Reports Submitted
Cry Council Proceedings of 8/15, 880; Control OevelapmentAtivisery Commission of 8116, Library
Load of Trustees Upend #151 of 7128, TrenstAtivisery Board of 8/11, Proof of Publicidon for Cry
Council Proceedings of 8/1, 812, 83, 814 and 8115, Proof of Publication for Listaf claims and Summery of
Revenues for Manto Ending 7111,
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Berbera Kelly for vehicle cooked, Nevrel Mal for vehicle damage, and Janes Weitz for property
tlemege.
Suggested Disposition: Receive and File; Rotor o City Attorney
3. Disposition of Claims
Cry Attorney effusion Net the fallavn of claims had been referred to Public Entry Risk Sourness of lave,
the agent for the Iowa Communities Assurance Pool: Barbara Kelly for vehicle damage; Newel Marcov for
vehicle damage; and James Weitz for property damage.
Suggested Disposition: Receive and File; Concur
4. Government Finance Officers Association (GFOA) Certificate of Achievement for
Excellence in Financial Reporting
City Manager transmitting the 28th consecutive Certificate of Achievement for Excellence in Financial
Reporting from the Government Finance Officers Association (GFOA) for Fiscal Year ended June 30,
2015.
Suggested Disposition: Receive and File
5. Ermina Soler Named Wonder Women: Heroines of Dubuque by Girl Scouts of Eastern
Iowa and Western Illinois
Correspondence from the Girl Scouts of Eastern Iowa and Western Illinois honoring Circles Coordinator
Ermina Soler with the Wonder Women - Heroines of Dubuque Award.
Suggested Disposition: Receive and File
6. Dubuque Jaycees 2017 Fireworks Request
Correspondence from Thomas Parsley, General Manager for Radio Dubuque, in partnership with the
Dubuque Jaycees requesting approval to conduct a fireworks display on Sunday, July 3, 2017 from 9:00
p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4.
Suggested Disposition: Receive and File; Approve
7. Appointment to Housing Trust Fund Committee
Housing Commission recommending approval to appoint Commissioner Dorothy Schwendinger as the
Commission's representative on the Housing Trust Fund Committee.
Suggested Disposition: Receive and File; Approve
8. Workers' Compensation Settlement for James Hoerner
City Attorney recommending approval of an Agreement for Settlement regarding a Workers'
Compensation claim that was filed against the City of Dubuque by James Hoerner.
Suggested Disposition: Receive and File; Approve
9. Zaber v. City of Dubuque
City Attorney transmitting the Court ruling from Zaber v. City of Dubuque ordering the distribution
of unclaimed funds from the settlement account to four charitable organizations and requesting
authorization for the City Attorney's Office to take such action as may be appropriate to seek review of the
ruling by the Iowa Appellate Courts.
Suggested Disposition: Receive and File; Approve
10. Iowa DOT Funding Agreement - NW Arterial and Chavenelle Road Left Turn Lane
Improvements
City Manager recommending approval for the Mayor to execute a Funding Agreement with the Iowa
Department of Transportation for an Urban-State Traffic Engineering Program (U-STEP) grant to assist
with the construction of proposed left turn lane improvements at the intersection of the Northwest Arterial
and Chavenelle Road.
RESOLUTION Approving a Funding Agreement(No. 6-16-USTEP-15) with the Iowa Department of
Transportation for an Urban-State Traffic Engineering Program (U-STEP) Grant to assist with the
construction of proposed left turn lane improvements at the intersection of Northwest Arterial and
Chavenelle Road
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Retitling of Position - Public Works Truck Driver to Utility Worker
City Manager recommending approval to retitle the position of Truck Driver to Utility Worker in the Public
Works Department.
Suggested Disposition: Receive and File; Approve
12. Public Works - Change in Equipment Operator Position
City Manager recommending approval to create one additional Landfill Equipment Operator position and
eliminate one Equipment Operator II position in the Public Works Department.
Suggested Disposition: Receive and File; Approve
13. Pre-Annexation Agreement - TeKippe
City Manager recommending approval of a Pre-Annexation Agreement with Kenneth J. and Marlene
TeKippe, property owners of Lot 9 in Twin Ridge Subdivision No. #4.
RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Kenneth
J. and Marlene TeKippe
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Pre-Annexation Agreement - Hardwood Flooring Services, Inc.
City Manager recommending approval of a Pre-Annexation Agreement with Hardwood Flooring Services,
Inc., proper owner of 10638 Key West Drive.
RESOLUTION Approving a Pre-annexation Agreement between the City of Dubuque, Iowa and Hardwood
Flooring Services, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Purchase of Services Grant - Four Mounds HEART Program
City Manager recommending approval of a Community Development Block Grant Agreement with Four
Mounds HEART Program for Fiscal Year 2017 to provide youth education and training opportunities.
Suggested Disposition: Receive and File; Approve
16. Tri-State Occupational Health Agreement Amendment
City Manager recommending approval of an Amendment to the Agreement between Tri-State Occupational
Health, L.L.C. and the City of Dubuque for case management services for workers compensation claims
and Police and Fire job related injuries and illnesses.
Suggested Disposition: Receive and File; Approve
17. Childhood Lead Poisoning Prevention Programs Contracts and Subcontracts
City Manager recommending approval of a contract with the Dubuque County Board of Health and the
Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention
Program, and a renewed agreement with the Visiting Nurse Association for services related to the
Childhood Lead Poisoning Prevention Program and Healthy Homes Program.
Suggested Disposition: Receive and File; Approve
18. Felderman's Subdivision -Acceptance of Improvements
City Manager recommending acceptance of the public improvements that the developer, Arboretum
Development LLC, has recently completed in Felderman's Subdivision.
RESOLUTION Accepting public improvements in Felderman's Subdivision in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Pebble Cove Subdivision and Pebble Cove#2 Subdivision -Acceptance of Improvements
City Manager recommending acceptance of the public improvements that the developer, Kivlahan Farms
L.C., has recently completed in Pebble Cove Subdivision and Pebble Cove#2 Subdivision.
RESOLUTION Accepting public improvements in Pebble Cove Subdivision and Pebble Cove#2
Subdivision, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. 2016 Asphalt Overlay Access Ramp Project Two Award
City Manager recommending the award for the 2016 Asphalt Overlay Access Ramp Project Two be
officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
21. 2016 Asphalt Overlay Access Ramps Project Three Award
City Manager recommending that the award for the 2016 Asphalt Overlay Access Ramp Project Three be
officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
22. AECOM Technical Services, Inc. - SW Arterial Supplemental Agreement No. 17
City Manager recommending authorization to execute a supplemental agreement with AECOM Technical
Services, Inc., subject to the concurrence of the Iowa Department of Transportation, which approves
revisions to the original scope of services to the Consultant Professional Services Contract to complete the
final engineering design phase of the Southwest Arterial.
RESOLUTION Approving the Consultant Professional Services-Supplemental Agreement No. 17 between
AECOM Technical Services, Inc. and the City of Dubuque for the completion of final engineering design
phase of the Southwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
23. Signed Contracts Towing Service Contract Amendment with Wenzel Towing
Wenzel Towing Service Contract Amendment to FY 2016-2018 Contract
Suggested Disposition: Receive and File
24. Alcohol Compliance Civil Penalty for Alcohol License Holder—Buffalo Wild Wings
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol
complianceviolation for Buffalo Wild Wings, 2805 Northwest Arterial.
Suggested Disposition: Receive and File; Approve
25. Alcohol Compliance Civil Penalty for Alcohol License Holder - Ron's Discount Smokes
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Ron's Discount Smoke& Beverage Center#1, 3300 Asbury Road.
Suggested Disposition: Receive and File; Approve
26. 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. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project
City Manager recommending initiation of the public bidding procedure for the Northwest
Arterial/Chavenelle Road Intersection Left Turn Lane Improvements Project, and further
recommends that a public hearing be set for September 19, 2016.
RESOLUTION 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 9/19/16
2. Fiscal Year 2017 First Budget Amendment
City Manager recommending the first Fiscal Year 2017 Budget Amendment be set for public
hearing for September 19, 2016.
RESOLUTION Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year
2017 Budget for the City of Dubuque
Suggested Disposition:
Receive and File; Adopt Resolution, Set Public Hearing for 9/19/16
3. Dubuque Regional Airport Parking Lot Repair Project 2016
City Manager recommending initiation of the public bidding procedure for the Dubuque Airport
Parking Lot Repair Project 2016, and further recommends that a public hearing be set for
September 19, 2016.
RESOLUTION 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 9/19/16
4. Lease of Property to Interstate Power and Light Company for Construction of Solar
Array
City Manager recommending he City Council set a public hearing for September 19, 2016, to
approve a lease with Interstate Power and Light Company for approximately 21.14 acres of
property recently acquired by the City of Dubuque near the Dubuque Industrial Center West
north of Humke Road and west of Seippel Road for construction of a solar array.
RESOLUTION Intent to dispose of an interest in City of Dubuque owned property by lease
between the City of Dubuque and Interstate Power and Light Company
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for 9/19/16
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
meeti ng.
Long Range Planning Advisory Commission
One, 3-year term through July 1, 2017 (Vacant term of Clements)
Applicant:
Ronald Collins, 243 Cardiff St.
2. Boards and Commissions Appointments
Appointments to the following commissions to be made at this meeting.
Long Range Planning Advisory Commission
One, 3-year term through July 1, 2019 (Vacant term of Prochaska)
Applicant:
Michael Wright, 385 Burch St.
Transit Advisory Board
One, 3-year term through July 30, 2019 (Expired term of Lohrmann)
Applicant:
Carrie Lohrmann, 1879 Denver Dr.
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.
1. Removal of Phyllrich Drive from Residential Parking Permit District H Changed
Proof of publication on notice of public hearing to consider the removal of Phyllrich Drive from
Residential Parking Permit District H and the City Manager recommending approval.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and
Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-
321.740 Residential Parking Permit District H by removing Phyllrich Drive between Keystone
Drive and Keymont Drive
Suggested Disposition: Receive and File; Motion B; Motion A
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the City Council on the Action Items on
the agenda or on matters under the control of the City Council. Citizens are asked to approach the
podium and state their name and address before proceeding with their comments. Individual remarks
are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa
Open Meetings Law, the City Council can take no formal action on comments given during Public
Input which do not relate to Action Items on the Agenda.
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. Greater Dubuque Development Corporation - Quarterly Update
President and CEO Rick Dickinson to present the quarterly update on the activities of the
Greater Dubuque Development Corporation.
Suggested Disposition:
Suggested Disposition: Receive and File; Presentation
2. Five Flags Civic Center Quarterly Report
SMG Regional General Manager HR Cook will share a quarterly report on the Five Flags Civic
Center.
Suggested Disposition:
Receive and File; Presentation
3. Cottingham & Butler Insurance Services, Inc. - IEDA Contract
City Manager recommending approval of a contract among Cottingham& Butler Insurance
Services, Inc., the City of Dubuque and the Iowa Economic Development Authority.
RESOLUTION Authorizing the execution of a Contract for State Business Financial Assistance
by and among Cottingham& Butler Insurance Services, Inc., the City of Dubuque, Iowa, and
the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
4. Rejection of Bids - Grandview Avenue at Loras Boulevard and Grandview Avenue and
University Avenue Intersection Improvements
City Manager recommending the rejection of the competitive bid proposals received for the
Grandview Avenue& Loras Boulevard and Grandview Avenue& University Avenue Intersection
Improvement Project due to the reconsideration of a traffic control device for the intersection
improvements at Grandview Avenue& University Avenue.
RESOLUTION Rejecting competitive bid proposals received for the Grandvew Avenue& Loras
Boulevard and Grandview Avenue& University Avenue Intersection Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
5. Code of Ordinances Amendment - Title 15 Swimming Pool Regulations
City Manager recommending approval of a change to Title 14-9-1 of the City of Dubuque Code
of Ordinances redefining the depth and fencing regulations for swimming pools to be consistent
with the International Property Maintenance Code.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and
Development, Chapter 9 Swimming Pools, Sections 14-9-1 Definition and 14-9-4 Fencing
Requirements to make language consistent with the International Property Maintenance Code
Suggested Disposition: Receive and File; Motion B; Motion A
6. Traffic Stop Analysis Project
City Manager recommending approval of a Memorandum of Understanding between the City of
Dubuque and St. Ambrose University to complete a traffic stop study in Dubuque.
Suggested Disposition: Receive and File; Approve
7. Expansion of Conservation District to Include 553 E. 14th Street Changed
City Manager recommending approval of the expansion of the Washington Neighborhood
Conservation District to include 553 E. 14th Street.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by amending Article 10-11-A-4 pertaining to expansion of the Washington
Street Neighborhood Conservation District
Suggested Disposition: Receive and File; Motion B; Motion A
8. Building Conditions Report for Property at 3000 Jackson Street Changed
Building Services Manager Todd Carr, Assistant City Attorney Maureen Quann, Assistant City
Attorney Crenna Brumwell and Planning Services Manager Laura Carstens will present
a Building Conditions Report for property at 3000 Jackson Street, a portion of the former
Dubuque Brewing and Malting Company complex(a/k/a H&W Building).
Suggested Disposition:
Receive and File; Presentation
COUNCIL MEMBER REPORTS
CLOSED SESSION
Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -(j) Code of Iowa
ADJOURNMENT