4 4 11 Assistant City Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, MARCH 7, 2011
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESS: MAYOR Bl1.0L, COUNCIL MEMBERS B , COI�R, J S, L ;P4"CH,
RE D " K �v !!��
CITY MANAGER VAN M EN; CITY ATTORNEY L N9AHL
ABSENT:
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
INVOCATION
oren ' Ira
SWEARING -IN
Fourth Ward Council Member Lynn Sutton
PROCLAMATION /��
Public Health Week (April 4 — 10, 2011)
fr/O/1eiJ1 4k,d 42 Y�,
4/4(//°'''
CONSENT ITEMS
Suggested Disposition: Receive and File
2
Ayes Nays
raig
�B
Connors
Jones
Lynch
Resnick
Sutton
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
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 /2 7 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
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, Dub JIG e County, Iowa
RESOLUTION /Q 7 Approving the plat or -nd LotA of Engine House No. 1
Subdivision in the City of Dubuque, Dubuque County, Iowa
I/4
Suggested Disposition: Receive and File; Adopt Resolution
Ay�
Braig
1/� Buol
V Connors
Jones
V Lynch
>/ R esnick
> /Sutton
3
Nays
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
4
Ayes Nays
Braig
Buol
Connors
Jones
Lynch
Resnick
Sutton
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 /0 Awarding public improvement contract for the 2011 Fire
Hydrant Painting Project
Suggested Disposition: Receive and File; Adopt Resolution
5
Ayes Nays
Braig
Buol
Connors
Jones
Lynch
Resnick
Sutton
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 /1 / Awarding public improvement contract for the Northwest
Arterial Hike / Bike Trail — Phase 3 Project
Suggested Disposition: Receive and File; Adopt Resolution
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
19. Central Avenue HMA Resurfacing — 21 to 32 Street Project
City Manager recommending award of the public improvement contract for the Central
Avenue HMA Resurfacing — 21 to 32 Street Project to River City Paving in the
amount of $1,361,772.11.
RESOLUTION // 2 Awarding public improvement contract for the Central
Avenue HMA 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
6
Ayes
Braig
Buol
Connors
Jones
Lynch
Resnick
Sutton
Nays
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 /43 Approving additional local match for the RECAT Program for
funding for America's River Project I I I
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
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
Suggested Disposition: Receive and File; Approve
7
Ayes
Braig
Buol
Connors
Jones
Lynch
Resnick
Sutton
Nays
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.
RESOLUTION //' ` ' Approving the River Enhancement Community Attraction
and Tourism Program Grant Agreement between the Vision Iowa Board and the City of
Dubuque, Iowa 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
Ayes
Braig
Buol
Connors
Jones
Lynch
Resnick
Sutton
8
Nays
31. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION / /O Granting the issuance of one new permit to sell
cigarettes to Fareway Stores, Inc. #114
RESOLUTION //6 Granting the issuance of a Class "C" Beer Permit to
Hartig Drug Company, Mulgrew Oil Company and K -Mart #4018
RESOLUTION //Z7 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
9
Ayes
Braig
Buol
Connors
Jones
Lynch
Resnick
Sutton
Nays
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Ayes
V6 -Braig
V Buol
V Connors
V Jones
Vi Lynch
Resnick
V Sutton
10
Nays
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 //f 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.
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
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
12
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
Ayes
Braig
Buol
Connors
Jones
j Lynch
1/� Resnick
� / Sutton
Nays
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 f he property located at 39 Bluff Street
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
l , / Braig
Buol
V/ Connors ones
V Lynch
V Resnick
' Sutton
13
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
14
Ayes,
y/ Buol
2/ Connors
v/ Jones
V Lynch
Resnick
Sutton
Nays
REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes
Y� Braig
Buol
V Connors
// Jones
Lynch
esnick
Sutton
Nays
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
Ayes/
Buol
>, Connors
Jones
!/ Lynch
V Resnick
utton
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
Ayes
Braig
Buol
Connors
Jones
V Lynch
Resnick
//Sutton
15
Nays
Nays
3. Final Plat — Westbrook Subdivision — Phase II
City Manager recommending approval of the final plat of Westbrook Subdivision —
Phase 11.
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
Ayes
raig
Buol
Connors
v / Jones
v Lynch
Resnick
r/Sutton
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
Ayes
/ B raig
Buol
Connors
V Jones
Lynch
Resnick
Sutton
16
Nays
Nays
//S
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
Ayes Nays
1/ Braig
1Buol
Connors
Jones
Lynch
Resnick
L Sutton
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
Ayes
l/,,q Braig
Buol
Connors
Jones
Lynch
Resnick
Sutton
17
E/
Nays
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
Ayes/
4 / Braig
Buol
Connors
1/ Jones
Lynch
Resnick
j , -' Sutton
18
Nays
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
Ay 1 s Nays
, Braig
V Buol
I/ / Connors
Jones
Lynch
Resnick
Sutton
7%
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
Ayes
Braig
Buol
V,;( Connors
// J Jones
Lynch
2— Resnick
Sutton
19
Nays
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 0 �2 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
Suspend the Readings Final Reading and Adopt
Ayes Nays A ps
Braig v, Braig
Buol V Buol
V Connors V Connors
/7 Jones i/i Jones
Lynch V Lynch
Resnick V Resnick
Sutton V Sutton
COUNCIL MEMBER REPORTS
PUBLIC INPUT
20
Nayes
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.
Motion to go into closed session at
Motion to adjourn at
CLOSED SESSION
Pending Litigation an 'roperty Acquisition — Chapt- 21.5(1)(c)(j) Code of Iowa
ig
Buol
Connors
Jones
Lynch
Resnick
Sutton
Ayes
Braig
Buol
v Connors
Lynch
V Resnick
Sutton
21
Nays
Nays
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