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
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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
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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
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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
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19. Central Avenue HMA Resurfacing – 21 to 32 Street Project
City Manager recommending award of the public improvement contract for the Central
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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