Loading...
4 4 11 City Council Agenda without Icons ROLL CALL ORDER FOR MEETING OF 4/4/11 BRAIG BUOL CONNORS JONES LYNCH RESNICK SUTTON CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, APRIL 4, 2011 PLEDGE OF ALLEGIANCE INVOCATION Reverend Loren Hirschy, Word of Life Church SWEARING-IN Fourth Ward Council Member Lynn Sutton PROCLAMATION Public Health Week (April 4 – 10, 2011) 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 City Council of 3/21; Historic Preservation Commission of 3/17; Housing Commission of 2/22; Human Rights Commission of 2/14; Long Range Planning Advisory Commission of 3/16; Sister City Relationships Advisory Commission of 3/16; Zoning Board of Adjustment of 3/24 Proofs of publication of City Council Proceedings of February 15 and 28, March 1, 3, 7, 10, and 12, 2011 and List of Claims and Summary of Revenues for Month Ended February 28, 2011 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Michael Phillips for property damage; Dale J. Kenkel for vehicle damage; Rachel Chavez for vehicle 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: Monica Welter for vehicle damage; Joyce Terris for property damage; Dale J. Kenkel for vehicle damage City Attorney recommending approval of the claim of Michael Phillips for property damage. Suggested Disposition: Receive and File; Concur 3. Dubuque Metropolitan Area Solid Waste Agency Voluntary Annexation Communication from Marie Steenlage, City Development Board Administrator, submitting the Findings of Fact and Conclusions of Law and the Final Order filed by the City Development Board approving the City’s voluntary annexation. Suggested Disposition: Receive and File 4. Iowa Department of Transportation – US 151/61 Capacity Improvements City Manager recommending approval of an Iowa Department of Transportation (Iowa DOT) Cooperative Agreement for Primary Road Project as it relates to the US 151/61 Corridor Project and the construction of a southbound right-turn lane on US 151/61 at Lake Eleanor Road. RESOLUTION Approving the Iowa Department of Transportation Cooperative Agreement for Primary Road Project (Agreement No. 2011-16-123) between the Iowa Department of Transportation and the City of Dubuque for the US 151/61 Corridor Project Suggested Disposition: Receive and File; Adopt Resolution 2 th 5. Railroad Property Purchase – 6 and Jackson Street City Manager recommending approval to purchase Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque from the Chicago, Central & Pacific Railroad Company for the hike/bike trial in the Historic Millwork District. RESOLUTION Accepting a conveyance of property of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 6. Final Plat – Engine House No. 1 Subdivision City Manager recommending approval of the final plat of Lot 1 and Lot A of Engine House No. 1 Subdivision in the City of Dubuque, Dubuque County, Iowa RESOLUTION Approving the plat of 1 and Lot A of Engine House No. 1 Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 7. American Council of Engineering Companies 2011 Engineering Excellence Award for the East-West Corridor Connectivity Study City Manager transmitting information on the state and national recognition received from the American Council of Engineering Companies (ACEC) for the East-West Corridor Connectivity Study. Suggested Disposition: Receive and File 8. Veterans’ Park Community Garden Partnership with Dubuque Jaycees City Manager recommending approval of a one-year agreement with the Dubuque Jaycees to operate a community garden at Veterans’ Memorial Park. Suggested Disposition: Receive and File; Approve 9. EPA Community Action for a Renewed Environment (CARE) Grant Application City Manager recommending approval of an EPA CARE grant application in the amount of $96,426. Suggested Disposition: Receive and File; Approve 10. Worker’s Compensation Settlement Agreement Attorney Les V. Reddick recommending approval of the Agreements for Settlement with respect to two workers’ compensation claims filed by Randall A. DeMoss. Suggested Disposition: Receive and File; Approve 11. Management Agreement – Miller Riverview Park City Manager recommending approval of the Management Agreement with Kenneth M. Clayton for Miller Riverview Park. Suggested Disposition: Receive and File; Approve 3 12. Cartegraph Strategic Advisory Board City Manager recommending approval for Information Services Manager Chris Kohlmann and Street and Sewer Maintenance Supervisor John Klosterman to represent the City at the Cartegraph Strategic Advisory Board meeting in Washington DC. Suggested Disposition: Receive and File; Approve 13. Planning for Historic Preservation and New Job Creation Article City Manager transmitting an article authored by Economic Development Director Dave Heiar on Planning for Historic Preservation and New Job Creation which appeared in the Economic Development Journal. Suggested Disposition: Receive and File 14. 2011 Art on the River Exhibition Arts and Cultural Affairs Advisory Commission requesting City Council concurrence with the selection of artwork for the 2011 Art on the River Competition. Suggested Disposition: Receive and File; Approve 15. Port of Dubuque Marina Project – Amended Grant Agreement City Manager recommending approval of the execution of an Amendment to the City’s Federal BIG Tier II Funding Agreement Contract for the development of a transient boating marina facility at the Port of Dubuque. Suggested Disposition: Receive and File; Approve 16. 2011 Fire Hydrant Painting Project City Manager recommending award of the public improvement contract for the 2011 Fire Hydrant Painting Project to Ted Stackis Construction in the amount of $59,800. RESOLUTION Awarding public improvement contract for the 2011 Fire Hydrant Painting Project Suggested Disposition: Receive and File; Adopt Resolution 17. Northwest Arterial Hike / Bike Trail – Phase 3 Project City Manager recommending award of the public improvement contract for the Northwest Arterial Hike / Bike Trail – Phase 3 Project to Drew Cook and Sons Excavating, Inc in the amount of $143,599.60. RESOLUTION Awarding public improvement contract for the Northwest Arterial Hike / Bike Trail – Phase 3 Project Suggested Disposition: Receive and File; Adopt Resolution 4 18. Request for Proposals – ARC Transfer Center City Manager recommending approval of the issuance of a Request for Proposal for the final design and engineering of the Phase I canopy, and preliminary design of the Phase II enclosure, for the ARC Transfer Center for The Jule. Suggested Disposition: Receive and File; Approve stnd 19. Central Avenue HMA Resurfacing – 21 to 32 Street Project City Manager recommending award of the public improvement contract for the Central stnd Avenue HMA Resurfacing – 21 to 32 Street Project to River City Paving in the amount of $1,361,772.11. RESOLUTION Awarding public improvement contract for the Central Avenue HMA stnd Resurfacing – 21 to 32 Street Project Suggested Disposition: Receive and File; Adopt Resolution 20. Citizen Communications Communication from John Kirpes, Pfohl’s Inc., in opposition to the possibility of a drive thru in the alley of Hartig Drug on Locust Street. Communication from Jim and Dorothy Dodds, 710 Laurel Street, in opposition to the proposed extension of sewer lines on Laurel Street. Communication from Tom and Judy Edmonds, 700 Laurel Street, in opposition to the proposed extension of sewer lines on Laurel Street. Suggested Disposition: Receive and File 21. Legislative Communication Communication from Senator Charles E. Grassley regarding the Community Development Block Grant (CDBG) Program. Suggested Disposition: Receive and File 22. River Enhancement Community Attraction and Tourism (RECAT) Grant City Manager recommending approval of the additional local match required by Vision Iowa for the River Enhancement Community Attraction and Tourism (RECAT) grant. RESOLUTION Approving additional local match for the RECAT Program for funding for America’s River Project III Suggested Disposition: Receive and File; Adopt Resolution 23. Our Town Grant City Manager recommending approval of a Letter of Support to the National Endowment for the Arts for the Our Town Grant. Suggested Disposition: Receive and File; Approve 5 24. City Hall HVAC System – Revised City Manager providing updated information on the water-usage data for the City Hall HVAC system. Suggested Disposition: Receive and File; Approve 25. Morton Salt Agreement City Manager recommending approval to inform Morton Salt International LLC of the City’s intent to purchase up to 7,000 tons of salt from their remaining supplies on May st 1 Suggested Disposition: Receive and File; Approve 26. Volunteer Management Software City Manager recommending approval of the purchase of management software for management of spontaneous volunteers as well as volunteers to the many programs and departments of the City and community. Suggested Disposition: Receive and File; Approve 27. Mediacom Communication from Les Grassley, Senior Manager – Government Relations, advising of a rate increase on or about May 1, 2011. Suggested Disposition: Receive and File 28. Vision Iowa Agreement City Manager recommending approval of the River Enhancement Community Attraction and Tourism agreement for the Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve 29. Signed Contracts A. Water Pollution Control Plant Modifications Project – Change Order No. 6 B. Bunker Hill Pumping Station Renovation Suggested Disposition: Receive and File 30. Liquor License Transfer Request of Jumpin’ Jane’s Indoor Party and Play Center to permanently transfer their liquor license from 2055 Holiday Drive to 4292 Dodge Street. Suggested Disposition: Receive and File; Approve 31. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one new permit to sell cigarettes to Fareway Stores, Inc. #114 6 RESOLUTION Granting the issuance of a Class “C” Beer Permit to Hartig Drug Company, Mulgrew Oil Company and K-Mart #4018 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Noonan’s Tap, Neighbor’s Tap, Hammer Time Bar, The Hub, Clarke University, Olive Garden Restaurant, Whiskey River, Loras College Campus Center, Joliet Building Corporation and Marco’s Italian American Food; a Class “B” Wine Permit to Hartig Drug, K-Mart #4018 and Fareway Store #114; a Class “WBN” Native Wine Permit to National Mississippi River Museum and 16th Street Auto/Truck Plaza; and a Class “E” Liquor License to Fareway Store #114 Suggested Disposition: Receive and File; Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Flexsteel Project City Manager recommending that a public hearing be set for April 18, 2011 to consider on the disposition of approximately 27,137 square feet of property in the Port of Dubuque to Flexsteel Industries, Inc. for the purpose of constructing a 40,000 square foot multi-story office building and approval of a Development Agreement relating thereto.. RESOLUTION Of intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Flexsteel Industries, Inc. and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/18/11 2. Fiscal Year 2011 Third Budget Amendment City Manager recommending that a public hearing be set for April 18, 2011 to consider adoption of the Fiscal Year 2011 Third Budget Amendment. RESOLUTION Setting the date for public hearing on the Fiscal Year 2011 Third Budget Amendment Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/18/11 3. Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) City Manager recommending initiation of the public bidding process for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) and that a public hearing be set for April 18, 2011. 7 RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on the plans and specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/18/11 BOARDS/COMMISSIONS 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. Housing Commission One 3-year term through August 17, 2011 (Term of Sutton) Applicant: Amy Eudaley, 950 Wood Street 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. Franklin Investments, LLC – Development Agreement Proof of publication on notice of public hearing to consider entering into a Development Agreement with Franklin Investments, LLC for redevelopment of the property located at 39 Bluff Street. RESOLUTION Approving a Development Agreement with Franklin Investments, LLC for the property located at 39 Bluff Street Suggested Disposition: Receive and File; Adopt Resolution 2. Acquisition of Property for the Southwest Arterial Proof of publication on notice of public hearing on a portion of the Southwest Arterial Project and making the final site selections for that portion of the project. RESOLUTION Approving a portion of the Southwest Arterial project and making the final selection of a site for a portion of the Southwest Arterial project Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES This action limits discussion to the City Council. 8 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. 2011 Dubuque Works Annual Report and Resource Guide Greater Dubuque Development Corporation Director Rick Dickinson and Director of Work Force Development Sarah Harris to present the 2011 Dubuque Works Annual Report and Resource Guide. Suggested Disposition: Receive and File 2. Westbrook Subdivision – Phase I City Manager recommending approval of an Amendment to the Development Agreement with Joel Callahan, President of Callahan Construction, for extension of City assistance for Phase One of Westbrook Subdivision to July 1, 2012 Suggested Disposition: Receive and File; Approve 3. Final Plat – Westbrook Subdivision – Phase II City Manager recommending approval of the final plat of Westbrook Subdivision – Phase II. RESOLUTION Authorizing approval of the final plat of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4. Westbrook Subdivision – Phase II City Manager recommending approval of Development Agreement with Joel Callahan, President of Callahan Construction, Inc., for Phase Two of Westbrook Subdivision, with the incentives for PVC pipe for sanitary sewer and water lines, with the restriction on underground storage tanks, and the 25% assessment provision. Suggested Disposition: Receive and File; Approve 5. Complete Streets Policy City Manager recommending approval of a Complete Streets Policy for the City of Dubuque. Communication from Charles Winterwood, White Pine Group of the Sierra Club, in support of a strong complete streets policy. RESOLUTION Adopting a Complete Streets Policy Suggested Disposition: Receive and File; Adopt Resolution 9 6. Long Range Planning Advisory Commission Liaison Communication from the Long Range Planning Advisory Commission requesting that the City Council re-evaluate appointing a City Council Liaison to serve on the Long Range Planning Advisory Commission. Suggested Disposition: Receive and File; Council 7. Smart Planning Consortium City Manager transmitting information from the recent Dubuque Region Smart Planning Consortium meetings held on February 9, 2011, and March 9, 2011, as well as the March 2, 2011 public input session with elected and appointed officials. Suggested Disposition: Receive and File 8. New Name for the Water Pollution Control Plant City Manager recommending approval to name the reconstructed Water Pollution Control Plant the Water and Resource Recovery Center. Suggested Disposition: Receive and File; Approve 9. Southwest Arterial Project – Right-of-Way Acquisition City Manager recommending that the Just Compensation Value (Fair Market Value) be established for the property to be acquired for the Southwest Arterial. RESOLUTION Establishing the Fair Market Value of real property for the Southwest Arterial project, directing good faith negotiations for the acquisition of property and authorizing the commencement of eminent domain proceedings, if necessary, to acquire property Suggested Disposition: Receive and File; Adopt Resolution 10. Alcohol License Violations City Manager recommending adoption of modified liquor license penalties, which includes a system of escalating fines and suspension options for licensees and permittees upon violation. ORDINANCE Amending the 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 by repealing Sections 4-2B-15 Suspension and Revocation Generally; Grounds and 4-2B-16 Suspension and Revocation; Specific Terms, and adopting new Sections 4-2B-15 Suspension and Revocation Generally; Grounds and 4- 2B-16 Suspension and Revocation; Specific Terms in lieu thereof, providing for the suspension and revocation of alcoholic beverage licenses and the penalties and remedies for violations Suggested Disposition: Receive and File; Motion B; Motion A COUNCIL MEMBER REPORTS 10 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 Jeanne F. Schneider March 31, 2011 11