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5 3 10 City Council Agenda without Icons ROLL CALL ORDER FOR MEETING OF 5/3/10 CONNORS JONES LYNCH RESNICK VOETBERG BRAIG BUOL CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, MAY 3, 2010 PLEDGE OF ALLEGIANCE INVOCATION Father Gabriel Anderson, St. Columbkille's Catholic Church PROCLAMATIONS Bike to Work Week (May 17 – 21, 2010) Preservation Month (May, 2010) National Train Day (May 8, 2010) Nursing Home Week (May 9 – 15, 2010) Public Service Employee Recognition Week (May 3 – 7, 2010) AmeriCorps Week (May 8 – 15, 2010) Compass to Care Day (July 9, 2010) CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 3/23; Cable TV Regulatory Commission of 9/9/09; City Council of 4/19; Civil Service Commission of 4/8; Environmental Stewardship Advisory Commission of 4/6; Historic Preservation Commission of 4/15; Housing Commission of 3/23; Mechanical Board of 4/14; Park and Recreation Commission of 3/9 Library Board of Trustees Update from the meeting of April 22, 2010 Proof of publication of City Council Proceedings of April 5 and 12, 2010 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Melvin Moss for vehicle damage; James Hanson for property damage; State Farm Insurance (William Roberts) for vehicle damage; Christopher Lange for property damage; Coralita Shumaker for vehicle damage; Aaron Young for property damage Suggested Disposition: Receive and File; Refer to City Attorney 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: James Hanson for property damage; William Roberts for vehicle damage; Interstate Power and Light for property damage; Diane Boge for vehicle damage; Melvin Moss for vehicle damage Suggested Disposition: Receive and File; Concur 3. 2010 – 2011 Deer Management Plan City Manager recommending approval of the 2010 – 2011 Urban Deer Management Program. Suggested Disposition: Receive and File; Approve 4. Mystique Casino Communication from Jesús Avilés, Mystique Casino, requesting to display fireworks on June 5, 2010 in celebration of 26 years of live racing at Dubuque Greyhound Park. Suggested Disposition: Receive and File; Approve 5. Historic Resource Development Program (HRDP) Grant Application City Manager recommending approval of a $20,500 grant application to the State Historical Society of Iowa for Historic Resource Development Program (HRDP) grant funds for the Mines of Spain Interactive Multi-Media Timeline Exhibit. RESOLUTION Authorizing grant application for HRDP Funds for Mines of Spain Interactive Multi-Media Timeline Exhibit Suggested Disposition: Receive and File; Adopt Resolution 6. Historic District Public Improvement Program (HDPIP) Historic Preservation Commission recommending approval of $20,270 in Historic District Public Improvement Program (HDPIP) funds for the Julien Dubuque Monument Interpretive Exhibit at the E.B. Lyons Interpretive Center. Suggested Disposition: Receive and File; Approve 2 7. Dubuque Community School District – Water Meter Wireless Network Equipment License Agreement City Manager recommending approval of the Water Meter Wireless Network Equipment License Agreements between the City and the Dubuque Community School District for placement of equipment at Table Mound Elementary School and Washington Middle School. Suggested Disposition: Receive and File; Approve 8. Iowa Department of Transportation Communication from the Iowa Department of Transportation providing official notification that the Iowa Department of Transportation proposes to let three pavement repair projects (US 20, Iowa 32, US 61) on May 18, 2010. Suggested Disposition: Receive and File 9. Iowa Department of Economic Development – Notice of Board Action Communication to Bob Johnson from the Iowa Economic Development Board advising that the Board intends to award Sustainable Neighborhood Builders, Inc. the Brownfield Redevelopment Tax Credit, maximum credit of $100,000, for their project in Dubuque. Communication to Mary Gronen from the Iowa Economic Development Board advising that the Board intends to award Caradco Building, LLLP the 12% Grayfield Redevelopment Tax Credit, maximum credit of $100,000, for their project in Dubuque. Communication to Chad Walsh from the Iowa Economic Development Board advising that the Board intends to award B & C Cathedral Development, LLC the 12% Grayfield Redevelopment Tax Credit, maximum credit of $100,000, for their project in Dubuque. Communication to Sherry Freebery from the Iowa Economic Development Board advising that the Board intends to award 40 Main, LLC the Brownfield Redevelopment Tax Credit, maximum credit of $100,000, for their project in Dubuque. Suggested Disposition: Receive and File 10. Hempstead Safety Improvements – Crosswalks and Geometrics Phase I Project City Manager recommending acceptance of the Hempstead Safety Improvements – Crosswalks and Geometrics Phase I Project as completed by McDermott Excavating in the final contract amount of $97,070.52. RESOLUTION Accepting the Hempstead Safety Improvements – Crosswalks and Geometrics Project Phase I and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 3 11. Cooperative Traffic Paint and Pavement Markings Agreement City Manager recommending approval of a new Traffic Paint and Pavement Markings Agreement between the City and County of Dubuque. RESOLUTION Approving Traffic Paint and Pavement Markings Agreement between the City of Dubuque and Dubuque County Suggested Disposition: Receive and File; Adopt Resolution 12. Iowa Department of Transportation Agreement – Traffic Signal Upgrade City Manager recommending approval to execute an Iowa Department of Transportation Traffic Safety Funding Agreement for a Traffic Signal Mastarm Retrofit Project on thth Central Avenue at 5 and 7 Streets. RESOLUTION Approving the Iowa Department of Transportation State Aid Funding Agreement (Agreement No. 2011-TS-029) for the Traffic Signal Mastarm Retrofit th Project, Central Avenue at 5 and 7th Streets Suggested Disposition: Receive and File; Adopt Resolution 13. IA 32 Geometric and Signalization Improvements – US 20 to John F. Kennedy Road City Manager recommending approval to execute an Iowa Department of Transportation Iowa Clean Air Attainment Program (ICAAP) Funding Agreement for the IA 32 Geometric and Signalization Improvements – US 20 to John F. Kennedy Road Project. RESOLUTION Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6-10-ICAAP-11) for the IA 32 Geometric and Signalization Improvements Suggested Disposition: Receive and File; Adopt Resolution 14. IA 32 and Asbury Road Turn Lane Improvement Project – Agreement No. 6-10- STPU-06 City Manager recommending approval of the Iowa Department of Transportation Federal Aid Funding Agreement for a Surface Transportation Program (Agreement No. 6-10-STPU-06) for IA 32 and Asbury Road Turn Lane Improvement Project. RESOLUTION Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6-10-STPU-06) for the IA 32 and Asbury Road Turn Lane Improvement Project Suggested Disposition: Receive and File; Adopt Resolution 15. Asbury Road and IA 32 Traffic Signal and Grading Project – Traffic Safety Funding Agreement City Manager recommending approval of the Iowa Department of Transportation Traffic Safety Funding Agreement for a signal and grading project that will make improvements to the IA 32 and Asbury Road intersection. 4 RESOLUTION Approving the Iowa Department of Transportation State Aid Funding Agreement (Agreement No. 2009-TS-017) for the Asbury Road and IA 32 Traffic Signal and Grading Project Suggested Disposition: Receive and File; Adopt Resolution 16. IA 32 and Asbury Road Turn Lane Improvement Project – Agreement No. 6-10- USTEP-12 City Manager recommending approval of the Iowa Department of Transportation Urban- State Traffic Engineering Program (U-STEP) Agreement for the IA 32 and Asbury Road Turn Lane Improvement Project. RESOLUTION Approving the Iowa Department of Transportation Federal and Funding Agreement (Agreement No. 6-10-STPU-06) for the IA 32 and Asbury Road Turn Lane Improvement Project Suggested Disposition: Receive and File; Adopt Resolution 17. Brunskill Road – Iowa Department of Transportation Funding Agreement City Manager recommending approval of the Iowa Department of Transportation Federal Aid Funding Agreement for the Brunskill Road Bridge Replacement Project. RESOLUTION Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6-10-HBRR-09) for the Brunskill Road Bridge Replacement Project Suggested Disposition: Receive and File; Adopt Resolution 18. Bee Branch Creek Restoration Project – Purchase of 501 / 507 Garfield Avenue City Manager recommending approval to establish the fair market value of 501 / 507 Garfield Avenue at the appraised value of $250,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. RESOLUTION Establishing the Fair Market Value of certain real property owned by IBC Sales Corporation in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 19. Bee Branch Creek Restoration Project – Purchase of 2263 Elm Street City Manager recommending approval to establish the fair market value of 2263 Elm Street at the appraised value of $47,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. RESOLUTION Establishing the Fair Market Value of certain real property owned by Robert D. and Livija Klauer in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 5 20. Bee Branch Creek Restoration Project – Purchase of 2275 Elm Street City Manager recommending approval to establish the fair market value of 2275 Elm Street at the appraised value of $60,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. RESOLUTION Establishing the Fair Market Value of certain real property owned by Robert D. and Livija Klauer in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 21. Bee Branch Creek Restoration Project – Purchase of 2350 Elm Street City Manager recommending approval to establish the fair market value of 2350 Elm Street at the appraised value of $27,500 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. RESOLUTION Establishing the Fair Market Value of certain real property owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 22. Bee Branch Creek Restoration Project – Purchase of 2349 Elm Street City Manager recommending approval to establish the fair market value of 2349 Elm Street at the appraised value of $57,500 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. RESOLUTION Establishing the Fair Market Value of certain real property owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 23. Bee Branch Creek Restoration Project – Purchase of 500 Rhomberg Avenue City Manager recommending approval to establish the fair market value of 500 Rhomberg Avenue at the appraised value of $100,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. RESOLUTION Establishing the Fair Market Value of certain real property owned by PJ’s Tap, LLC in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 24. Bee Branch Creek Restoration Project – Purchase of 501 Rhomberg Avenue City Manager recommending approval to establish the fair market value of 501 Rhomberg Avenue at the appraised value of $90,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. 6 RESOLUTION Establishing the Fair Market Value of certain real property owned by Steven Smith and Gary L. Carner in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 25. Bee Branch Creek Restoration Project – Purchase of 2356 Washington Street City Manager recommending approval to establish the fair market value of 2356 Washington Street at the appraised value of $86,500 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project. RESOLUTION Establishing the Fair Market Value of certain real property owned by Steven and Sue A. Boelk in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 26. Montrose Terrace Stairs Reconstruction Project City Manager recommending award of the contract for the Montrose Terrace Stairs Reconstruction Project to Max Smith Construction in the amount of $43,871.00. Suggested Disposition: Receive and File; Approve 27. FEMA Flood Plain Mapping – Consultant Selection City Manager recommending approval of the selection of Camp Dresser & McKee as the consultant to perform the necessary engineering analysis, prepare the necessary documentation, and submit an application for a Letter of Map Revision (LOMR) to FEMA to revise flood hazard zones identified in the Digital Federal Insurance Rate Map (DFIRM) proposed by FEMA for the City of Dubuque. Suggested Disposition: Receive and File; Approve th 28. 10 and Central Parking Ramp – Economic Development Administration Contract City Manager recommending approval for the Mayor to execute a contract with the Economic Development Administration (EDA) for a $1,500,000 grant to fund a downtown parking ramp. RESOLUTION Authorizing contract with U.S. Department of Commerce Economic th Development Administration – EDA for the 10 and Central Parking Ramp Project Suggested Disposition: Receive and File; Adopt Resolution 29. Housing Enterprise Zone Program Agreement – Helicon Management, LLC City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Helicon Management, LLC. 7 RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Helicon Management, LLC Suggested Disposition: Receive and File; Adopt Resolution 30. Iowa Community Cultural Grant Application City Manager recommending approval of an application to the Iowa Department of Cultural Affairs for an Iowa Community Cultural Grant to fund the part-time Arts and Cultural Affairs Coordinator position. Suggested Disposition: Receive and File; Approve 31. Mobile Data Terminals – Request for Proposals City Manager recommending approval to issue a Request for Proposals for procurement of Mobile Data Terminals in KeyLine mini-buses which will offer real-time dispatching capabilities for the mini-bus operation. Suggested Disposition: Receive and File; Approve 32. Consulting and Actuarial Services Agreement – Gallagher Benefit Services City Manager recommending approval of an amendment to the Administrative Services Agreement with Gallagher Benefit Services for benefit consulting and actuarial services effective July 1, 2010 through June 30, 2012. Suggested Disposition: Receive and File; Approve 33. Fiscal Year 2011 Detailed Operating Budget for the Five Flags Center City Manager recommending approval of the detailed Fiscal Year 2011 operating budget for the Five Flags Center as submitted by SMG. Suggested Disposition: Receive and File; Approve 34. Port of Dubuque Usage Policies City Manager recommending approval of revisions to the Port of Dubuque usage policies effective May 3, 2010 to only allow private rentals at the Alliant Energy Amphitheater that desire beer, wine or liquor to do so with a licensed beer/liquor permit holder with catering privileges. Suggested Disposition: Receive and File; Approve 35. M2M Magazine Copy of article from M2M Magazine featuring Mayor Roy D. Buol. Suggested Disposition: Receive and File 8 36. Investment Policy Revision City Manager recommending approval of updates to the City’s Investment Policy. RESOLUTION Adopting the City of Dubuque Investment Policy Suggested Disposition: Receive and File; Adopt Resolution 37. Quarterly Investment Report City Manager transmitting the March 31, 2010 Quarterly Investment Report. Suggested Disposition: Receive and File 38. Business License Refund Request of Mark Molo, Molo Oil Company, for a refund of Beer Permit License #BC0027561 for Puff N Snuff at 1101 Rhomberg Avenue. Suggested Disposition: Receive and File; Approve Refund 39. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Diamond Jo Casino and Music N More; and a Class “C” Beer Permit to Ron’s Five Point Mart, Ron’s Discount Smokes, Tobacco Outlet, Walgreens #6154, Walgreens #9708, Casey’s General Store #2420, Casey’s General Store #2421, and Keywest Conoco RESOLUTION Granting the issuance of a Class “A” (Club) Beer/Liquor License to Dubuque Golf and Country Club; a Class “B” (Hotel/Motel) Beer/Liquor License to Days Inn and Spirits Bar; a Class “C” Beer/Liquor License to Hammer Time Bar, Shenanigan’s Pub, The Lift, Tott’s Tap, Catfish Charlie’s, and Buffalo Wild Wings; Class “C” Beer/Liquor License (5-Day Special Event) to Dubuque County Fine Arts Society; a Class “B” Wine Permit to Walgreens #6154 and Walgreens #9708; a Class “WBN” Native Wine Permit to Casey’s General Store #2421, Casey’s General Store #2420 and Keywest Conoco; and a Class “WCN” Native Wine Permit to Stone Cliff Winery Suggested Disposition: Receive and File; Adopt Resolutions 9 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Bee Branch Creek Building Deconstruction Project City Manager recommending initiation of the public bidding process for the Bee Branch Creek Building Deconstruction Project and that a public hearing be set for May 17, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Bee Branch Creek Building Deconstruction Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/17/10 BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Housing Commission One 3-year term through August 17, 2012 (Term of Plein) Applicant: Lisa McAllister, 1701 ½ Central Avenue Mechanical Board One 3-year term through March 16, 2013 (Term of Bandy) Applicant: Ronald Billmeyer, 1745 Geraldine Drive 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. Dubuque Terminals, Inc. (Newt) Leases Proof of publication on notice of public hearing to consider proposed leases with Dubuque Terminals, Inc. for the Ice Harbor and Dove Harbor areas and City Manager recommending approval. RESOLUTION Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corporation (the Dove Harbor Lease) RESOLUTION Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corporation (the Ice Harbor Lease) Suggested Disposition: Receive and File; Adopt Resolutions 10 2. Lower Bee Branch Creek Restoration Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Lower Bee Branch Creek Restoration Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Lower Bee Branch Creek Restoration Project Suggested Disposition: Receive and File; Adopt Resolution 3. Asbury Road and IA 32 Traffic Signal and Grading Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Asbury Road and IA 32 Traffic Signal and Grading Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Asbury Road and IA 32 Traffic Signal and Grading Project Suggested Disposition: Receive and File; Adopt Resolution 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. Liquor License Violation Hearing – Lot One City Manager recommending that a hearing be held regarding the second offense civil alcohol compliance penalty violation for Lot One to determine if the alcohol compliance civil penalty should be assessed. Suggested Disposition: Receive and File; Approve 2. Wingate Place No. 3 – Final Plat City Manager recommending approval of the final plat of Wingate Place No. 3 as requested by James Gantz. RESOLUTION Approving final plat of Wingate Place No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3. Transit Management Contract Proposal City Manager recommending approval of the selection of ECIA for transit management services. 11 RESOLUTION Approving the selection of East Central Intergovernmental Association (ECIA) for transit management services and authorizing the City Manager to execute an appropriate contract for said management contract. Suggested Disposition: Receive and File; Adopt Resolution 4. Washington Street Row House Project – Iowa Finance Authority Loan City Manager recommending approval of a $250,000 loan application through the OurHome Construction Loan Program from the Iowa Finance Authority to assist with the row house project at 1765-1795 Washington Street. Suggested Disposition: Receive and File; Approve 5. Dubuque Levee and Floodwall Certification City Manager recommending approval of the submission of the One-Year Progress Report for certification of the Dubuque levee and floodwall system along the Mississippi River, and other related documents to the Federal Emergency Management Agency. Suggested Disposition: Receive and File; Approve 6. Designation of Chavenelle Drive as Through Street City Manager recommending that Chavenelle Drive be designated as a “through street” from Associates Drive to the east right-of-way line of Seippel Road and from the west right-of-way line of Seippel Road to its northerly terminus. ORDINANCE Amending City of Dubuque Code of Ordinances of the City of Dubuque Code of Ordinances § 9-7-321.321 Entering through Streets by adding Chavenelle Drive, from Associates Drive to the east right-of-way line of Seippel Road and from the west right-of-way line of Seippel Road to its northerly terminus ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (A) of Section § 9-7-321.322 thereof providing for the deletion of the stop sign on Futuro Court at Chavenelle Drive Suggested Disposition: Receive and File; Motion B; Motion A 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 12 13