4 18 11 City Council Agenda with Supporting Documents
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, APRIL 18, 2011
PLEDGE OF ALLEGIANCE
INVOCATION
Sr. Jennifer Rausch, Sisters of the Presentation
PROCLAMATIONS
The Month/Week of the Young Child (April 10 – 16, 2011)
Community Development Block Grant Week (April 25 – 30, 2011)
PRESENTATION
Main Street Iowa Awards – Dan LoBianco
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 2/22; City Council of 4/4; Electrical Code Board of 3/21; Environmental Stewardship Advisory Commission of 4/5; Park and Recreation Commission
of 3/8; Sister City Relationships Advisory Commission of 4/6; Zoning Advisory Commission of 4/6
Proof of publication of City Council Proceedings of March 21, 2011
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
William Peck for property damage; J. Thomas Zaber for property damage; Randy and Tina Miller for property damage; State Farm Insurance for William and Rebecca Carr; Joyce M. Terris for
property damage; Lois Weinschenk 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: Rachel Chavez for vehicle
damage; J. Thomas Zaber for property damage; William Peck for property damage
Suggested Disposition: Receive and File; Concur
3. Citizen Communications
Communication from Rachel K. Daack, 800 Laurel Street, in opposition to the proposed extension of sewer lines on Laurel Street.
Communication from Paula Kaufman regarding the pollution problem in Dubuque.
Communication from Gary R. Kircher, 312 East 22nd Street, regarding the Veterans’ Memorial Plaza on Chaplain Schmitt Island.
Communication from Steven A. Krieg, 1576 Bies Drive, regarding a water main extension and water runoff on Bies Drive.
Suggested Disposition: Receive and File; Refer to City Manager
4. Public Transit Infrastructure Grant (PTIG) Program
City Manager recommending approval of the submittal of a grant application under the Public Transit Infrastructure grant (PTIG) Program to secure State funding for facility improvements
at The Jule.
Suggested Disposition: Receive and File; Approve
5. Federal Emergency Management Agency (FEMA)
Communication from Richard Leonard, FEMA, advising that the City’s PAL designation will expire on May 17, 2011 and that all necessary documentation required demonstrating that the Dubuque
Local Flood Protection Project Levee is in full compliance with Code of Federal Regulations needs to be submitted by that date.
Suggested Disposition: Receive and File; Refer to City Manager
6. U.S. Department of Housing and Urban Development
Communication from Betty J. Bottiger, Office of Fair Housing and Equal Opportunity, advising that the U.S. Department of Housing and Urban Development (HUD) plans to conduct a limited
civil rights compliance review of the City’s HUD funded programs.
Suggested Disposition: Receive and File; Refer to City Manager
7. Purchase of Property – 2109 Kniest Street
City Manager recommending approval of the purchase of property at 2109 Kniest Street as part of the acquisition program for the Bee Branch Creek Restoration Project.
RESOLUTION Approving the acquisition of real estate owned by Glenn Casey in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
8. US 61/151 Corridor Project – Iowa DOT Agreement
City Manager recommending approval of an Iowa Department of Transportation Agreement for Urban-State Traffic Engineering Program (U-STEP) as it relates to the US 61/151 Corridor Project
and the installation of traffic signals and pavement widening at the intersections of Maquoketa Drive, Twin Valley Drive and US 52.
RESOLUTION Approving the Iowa Department of Transportation Agreement for a Urban-State Traffic Engineering Program (U-Step) Project (Agreement No. 06-11-Ustep-03) between the Iowa Department
of Transportation and the City of Dubuque for the US 61/151 Corridor Project
Suggested Disposition: Receive and File; Adopt Resolution
9. PTC LLC – 1800 Elm Street
City Manager recommending approval of Irrevocable Licenses for PTC LLC to keep and maintain the existing encroachments of the loading dock, gas meter and protective pillars in the public
right-of-way of Pine Street behind the Eagle Country Market on 1800 Elm Street.
Suggested Disposition: Receive and File; Approve
10. Carnegie-Stout Public Library Renovation Project – Contract No. 12
City Manager recommending acceptance of the Carnegie-Stout Public Library Renovation Project – Contract No. 12 as completed by Westphal & Co., Inc. in the amount of $1,142,863.37.
RESOLUTION Accepting the Carnegie-Stout Public Library Renovation Project – Contract No. 12 and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
11. Environmental Covenant – Former Dubuque Hardwoods Site
City Manager recommending approval of an Environmental Covenant on Lot 2 Riverwalk 9th Addition (former Dubuque Hardwoods site) in the Port of Dubuque to prohibit drinking water wells
on the property.
RESOLUTION Approving an Environmental Covenant on Lot 2 of Riverwalk Ninth Addition in the Port of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
12. State of Iowa Financial Assistance Application for Flexsteel Industries, Inc.
City Manager recommending approval of a Financial Assistance application to the Iowa Department of Economic Development on behalf of Flexsteel Industries, Inc. with a commitment of local
matching funds, which are included in the Development Agreement that is a separate agenda item.
RESOLUTION Authorizing the filing of an application for State Financial Assistance on behalf of Flexsteel Industries, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
13. Golden Silo Award
Press release advising that the Mines of Spain has received a Golden Silo Award for Outstanding Partner from the Silos and Smoke Stacks National Heritage Area for showing support and
partnering with SSNHA on numerous occasions to create awareness for the Heritage Area.
Suggested Disposition: Receive and File
14. Amendment to Collective Bargaining Agreement – Teamsters Local No. 120
City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the Teamsters Local No. 120 and the City to provide for a work week that consists of
ten hours per day and four days per week for the Airport Maintenanceworkers and Airport Mechanic.
Suggested Disposition: Receive and File; Approve
15. Amendment to Collective Bargaining Agreement – Bus Operators
City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the Teamsters Local No. 120 (Bus Operators) and the City to permit part-time employees
to work 1,664 or more hours in fiscal Year 2011.
Suggested Disposition: Receive and File; Approve
16. Fifth Street Parking Ramp Re-Lighting
City Manager transmitting information regarding the retro fitting of the lighting in the Fifth Street Parking Ramp.
Suggested Disposition: Receive and File
17. 2011 – 2012 Deer Management Plan
City Manager recommending approval of the 2011 – 2012 Deer Management Plan.
Suggested Disposition: Receive and File; Approve
18. Julien’s Journal
Copy of March 2011 article in Julien’s Journal featuring Assistant City Manager Cindy Steinhauser.
Suggested Disposition: Receive and File
19. Metropolitan Coalition Grant Application
City Manager recommending support of the submittal of a grant to the Iowa Office of Energy Independence, in partnership with seven communities who are members of the Metropolitan coalition,
the largest cities in the State of Iowa
Suggested Disposition: Receive and File; Approve
20. Purchase of Property – 2263 Elm Street
City Manager recommending approval of the purchase of property at 2263 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project.
RESOLUTION Approving the acquisition of real estate owned by Robert D. and Livija Klauer in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
21. Historic Preservation Commission
Communication from Peggy Stover submitting her resignation from the Historic Preservation Commission.
Suggested Disposition: Receive and File; Accept Resignation
22. Human Rights Commission
Communication from Lori Apel submitting her resignation from the Human Rights Commission.
Suggested Disposition: Receive and File; Accept Resignation
23. Audit Services Recommendation
City Manager recommending approval of the selection of Eide Bailly, LLP to provide audit services for the City of Dubuque for a five-year period.
Suggested Disposition: Receive and File; Approve
24. Alcohol Compliance – Civil Penalty for Alcohol License Holder
City Manager recommending acceptance of the Acknowledgement/Settlement Agreement for Cookin’ Something Up for their first offense alcohol compliance violation.
Suggested Disposition: Receive and File; Approve
25. Signed Contracts
A. Water Pollution Control Plant Modifications Project – MWH America’s, Inc. Budget Increase Request
Suggested Disposition: Receive and File
26. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of a new cigarette permit to Let’s Roll Tobacco I.A.
RESOLUTION Granting the issuance of a Class “B” Beer Permit to Catfish Festival and McAleece Park/Recreation Complex
RESOLUTION Granting the issuance of a Class “A” Liquor License to Dubuque Golf and Country Club and Dubuque Lodge #355; Class “C” Beer/Liquor License to Lot One, Catfish Charlie’s, The
Lift and Monks Kaffee Pub; and a Class “WBN” Native Wine License to Dubuque Arboretum Association
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. Proceedings for Reallocation of General Obligation Bonds Series 2009A and Series 2010A
City Manager recommending that a public hearing be set for May 2, 2011 to consider the reallocation of General Obligation Bonds Series 2009A and Series 2010A.
RESOLUTION Fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2009A (Taxable Build America Bonds), and General Obligation
Bonds, Series 2010A Bonds, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/2/11
2. 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project
City Manager recommending initiation of the bidding process for the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project and further recommends that a public hearing be set for May 2,
2011.
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 for the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/2/11
3. Engine House #1 LLC – Development Agreement
City Manager recommending that a public hearing be set for June 6, 2011 to consider a development agreement between the City of Dubuque and Engine House #1, LLC., a subsidiary of Dubuque
Initiatives, to sell and rehabilitate the Engine House #1 building (18th Street) which formerly housed the Housing Department offices.
RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development of certain real property and improvements in the proposed expansion
area of the Greater Downtown Urban Renewal District; (2) Determining that the Development Agreement submitted by Engine House #1, LLC satisfies the offering requirements with respect
to the real property and improvements and declaring the intent of the City Council to approve the Development Agreement with Engine House #1, LLC in the event that no competing proposals
are submitted; and (3) Soliciting competing proposals
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/6/11
4. Paragon Square Urban Revitalization Plan
City Manager recommending that a public hearing be set for June 6, 2011 to consider establishment of the Paragon Square Urban Revitalization Plan.
RESOLUTION Finding that the designation of the Paragon Square Urban Revitalization Plan is necessary in the interest of the public health, safety and welfare of the residents of the
City of Dubuque, Iowa and providing for a public hearing thereon
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/6/11
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Housing Commission
Three 3-year terms through August 17, 2011 (Term of Frommelt, Helling, and Sutton)
Applicant:
Amy Eudaley, 950 Wood Street
Patricia Rogaskie, 1502 ½ Elm Street (Additional Applicant)
Regine Ronek, 2282 White Street (Additional Applicant)
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. Rezoning Request – 2505 Elm Street
Proof of publication on notice of public hearing to consider a request from Reverend Richard Mihm, Dubuque Rescue Mission, to rezone property located at 2505 Elm Street from R-2A Alternate
Two-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2505 Elm Street from R-2A
Alternate Two-Family Residential District to OR Office Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
2. Expansion of Flexsteel Industries, Inc. in the Port of Dubuque
Proof of publication on notice of public hearing to consider disposing 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 a Development Agreement relating thereto and City Manager recommending approval.
RESOLUTION Approving a Development Agreement providing for the sale of approximately 27,137 sq. ft. and a permanent easement of 1,003 sq. ft. in the Port of Dubuque to Flexsteel Industries,
Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Material from April 4, 2011 City Council Meeting
3. Fiscal Year 2011 Third Budget Amendment
Proof of publication on notice of public hearing to consider adoption of the Fiscal Year 2011 Third Budget Amendment and City Manager recommending approval.
RESOLUTION Adopting the Fiscal Year 2011 Third Budget Amendment
Suggested Disposition: Receive and File; Adopt Resolution
Material from April 4, 2011 City Council Meeting
4. Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road)
Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Utility Project (John F. Kennedy
Road to Chaney Road) and City Manager recommending approval.
RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road)
Suggested Disposition: Receive and File; Adopt Resolution
Material from April 4, 2011 City Council Meeting
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. Preliminary Plat – Liberty Subdivision
Zoning Advisory Commission recommending approval of the preliminary plat of Liberty Subdivision waiving the paving width of the proposed public street from 31 feet to 27 feet and allowing
a single access length of 1,950 feet.
Zoning Advisory Commission requesting that the City make appropriate improvements to Liberty avenue in the eventuality that the proposed Liberty Subdivision is approved and developed.
Suggested Disposition: Receive and File; Approve
2. Smart Growth Development
City Manager recommending approval to commit $2,000 for the efforts of Smart Growth Development as they work toward improving the Historic Tax programs that fund many rehabilitation
projects in the City of Dubuque.
Suggested Disposition: Receive and File; Approve
3. Amendment to Joint Development Agreement with IBM
City Manager recommending approval of an amended IBM Joint Development Agreement on Smarter Water to extend and expand the community access to Smarter Water information and tools.
Suggested Disposition: Receive and File; Approve
4. Sustainable Dubuque Watershed Network
City Manager recommending approval of a proposed research project to be undertaken in partnership with the University of Iowa to develop the Sustainable Dubuque Watershed Network.
Suggested Disposition: Receive and File; Approve
5. Police Department – Tenant Background Check Service Provider
City Manager recommending approval of the selection of Rental Services, Inc. of Arvada, Colorado, to provide criminal history background checks as part of the City of Dubuque service
to local landlords.
Suggested Disposition: Receive and File; Approve
6. Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1
City Manager recommending award of the contract for the Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1 to Dubuque Barge & Fleeting Service Co., d/b/a Newt
Marine Service of Dubuque, Iowa.
RESOLUTION Awarding public improvement contract for the Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1
Suggested Disposition: Receive and File; Adopt Resolution
7. Glass Curbside Collection Policy
City Manager recommending City of Dubuque discontinue the curbside collection of glass for recycling effective July 2, 2011 and that an education and promotion campaign be initiated
as soon as possible to explain to the City of Dubuque customers the reasons for the recommended policy change
.
Communication from Charles F. Goddard, DMASWA Administrator, advising that the Dubuque Metropolitan Area Solid Waste Agency will no longer subsidize the curbside collection of glass
for recycling.
Suggested Disposition: Receive and File
8. Growing Sustainable Communities Conference
City Manager recommending approval of a contract with Sustainable Cities Network for the Growing Sustainable Communities Conference.
Suggested Disposition: Receive and File; Approve
9. Wellmark Foundation Letter of Intent
City Manager recommending approval of a Letter of Intent to the Wellmark Foundation requesting $25,000 in funding of healthy local foods projects.
Suggested Disposition: Receive and File; Approve
10. Letter of Support for Green Dubuque EPA Environmental Justice Small Grant Application
City Manager recommending approval of a Letter of Support for Green Dubuque’s application to the EPA Environmental Justice Small Grant program.
Suggested Disposition: Receive and File; Approve
11. EPA Climate Showcase Communities Grant
City Manager advising that the City of Dubuque has been awarded an EPA Climate Showcase Communities grant in the amount of $473,136.
Suggested Disposition: Receive and File; Approve
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
Jeanne F. Schneider
April 14, 2011