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Proof of Publication_City Council Proceedings 4 4 11CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 4, 2011 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl 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 was pro- vided by Mayor Roy D. Buol. SWEARING -IN Fourth Ward Council ana Hesowuon NO. 1U/ 11 Approving the Iowa Department of Trans- portation Cooperative Agreement for Primary Road Project (Agree- ment No. 2011 -16 -123) between the Iowa De- partment of Transpor- tation and the City of Dubuque for the US 151/61 Corridor Project was adopted. Railroad Property Pur- chase - 6th and Jack- son Street: City Man- ager recommending approval to purchase Lot 1 of Lot 3 of Mil- waukee Industrial Tract No. 1 in the City of Dubuque from the Chicago, Central & Pa- cific Railroad Company for the hike /bike trial in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 108 -11 Accepting a convey- ance of property of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque was adopted. Final Plat - Engine House No. 1 Subdivi- sion: City Manager rec- ommending approval of the final plat of Lot 1 and Lot A of Engine House No. 1 Subdivi- sion in the City of Du- buque, Dubuque Coun- ty, Iowa. Upon motion the documents were received and filed and Resolution No. 109 -11 Approving the plat of Lot 1 and Lot A of En- gine House No. 1 Sub- division in the City of Dubuque, Dubuque County, Iowa, was adopted. American Council of Engineering Compa- nies 2011 Engineering Excellence Award for the East -West Corridor Connectivity Study: City Manager transmit- ting information on the state and national rec- ognition received from the American Council of Engineering Compa- nies (ACEC) for the East -West Corridor Connectivity Study. Upon motion the docu- ments were received and filed. Veterans' Park Com- munity Garden Part- nership with Dubuque Jaycees: City Manager recommending appro- val of a one -year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. Upon motion the documents were received, filed, and approved. EPA Community Ac- tion for a Renewed En- vironment (CARE} Grant Application: City Manager recommend- ing approval of an EPA CARE grant application in the amount of $96,426. Upon motion the documents were received, filed, and ap- proved. Worker's Compensa- tion Settlement Agree- ment: Attorney Les V. Reddick recommend- ing approval of the Agreements for Settle- ments were rece vea and filed and Resolu- tion No. 111 -11 Award- ing public improve- ment contract for the Northwest Arterial Hike / Bike Trail - Phase 3 Project was adopted. Request for Proposals - ARC Transfer Center: City Manager recom- mending approval of the issuance of a Re- quest for Proposal for the final design and en- gineering of the Phase 1 canopy, and prelimi- nary design of the Phase II enclosure, for the ARC Transfer Cen- ter for The Jule. Upon motion the documents were received, filed, and approved. Central Avenue HMA Resurfacing - 21st to 32nd Street Project: City Manager recom- mending award of the public improvement contract for the Central Avenue HMA Resurfacing - 21st to 32nd Street Project to River City Paving in the amount of $1,361,772.11. Upon motion the documents were received and filed and Resolution No. 112- 11 Awarding public im- provement contract for the Central Avenue HMA Resurfacing - 21st to 32nd Street Project was adopted. Citizen Communica- tions: Communication from John Kirpes, Pfohl's Inc., in opposi- tion to the possibility of a drive thru in the al- ley 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 Lau- rel Street. Communication from Tom and Judy Ed- monds, 700 Laurel Street, in opposition to the proposed extension of sewer lines on Lau- rel Street. Upon motion the documents were re- ceived and filed. Legislative Communi- cation: Communication from Senator Charles E. Grassley regarding the Community Devel- opment Block Grant (CDBG) Program. Upon motion the document was received and filed. River Enhancement Community Attraction and Tourism (RECAT) Grant: City Manager recommending appro- val of the additional lo- cal match required by Vision Iowa for the Riv- er Enhancement Com- munity Attraction and Tourism (RECAT) grant. Upon motion the documents were re- ceived and filed and Resolution No. 113 -11 Approving additional local match for the RECAT Program for funding for America's River Project III was adopted. Our Town Grant: City Manager recommend- ing approval of a Letter of Support to the Na- 'ermit to narug urug Company, Mulgrew Oil Company and K -Mart #4018; and Resolution No. 117 -11 Granting the issuance of a Class "C" Beer /Liquor License to Noonan's Tap, Neigh- bor's Tap, Hammer Time Bar, The Hub, Clarke University, Olive Garden Restaurant, Whiskey River, Loras College Campus Cen- ter, Joliet Building Cor- poration and Marco's Italian American Food; a Class "B" Wine Per- mit to Hartig Drug, K- Mart #4018 and Fare - way Store #114; a Class "WBN" Native Wine Permit to Nation- al Mississippi River Museum and 16th Street Auto/Truck Pla- za; and a Class "E" Liq- uor License to Fareway Store #114 were adopt- ed. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set- the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7 -0. Flexsteel Project: City Manager recommend- ing that a public hear- ing be set for April 18, 2011 to consider the disposition of approxi- mately 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 ap- proval of a Develop- ment Agreement relat- ing thereto. Upon mo- tion the documents were received and filed and Resolution No. 118- 11 Resolution of intent to dispose of an inter- est 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 pro- posed issuance of Ur- ban Renewal Tax Incre- ment Revenue Obliga- tions and the execution of a Development Agreement relating thereto with Flexsteel Industries, Inc. and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 18, 2011 in the Historic Federal Building. Fiscal Year 2011 Third Budget Amendment: City Manager recom- mending that a public hearing be set for April 18, 2011 to consider adoption of the Fiscal Year 2011 Third Budget Amendment. Upon mo- tion the documents were received and filed and Resolution No. 119- 11 Setting the date for public hearing on the Fiscal Year 2011 Third Budget Amendment was adopted setting a public hearing for a meeting to commence Assistant ("RV tngineer Bob Schiesl stated the type of spur that will be created at the inter- section of North Cas- cade and English Mill Roads will serve the property owners that remain when construc- tion is finished and that it is a common spur design not known to be dangerous. Mo- tion carried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 2011 Dubuque Works Annual Report and Re- source Guide: Greater Dubuque Development Corporation Director Rick Dickinson and Di- rector of Work Force Development Sarah Harris to present the 2011 Dubuque Works Annual Report and Re- source Guide. Motion by Jones to receive and file the information. Seconded by Connors. Mr. Dickinson and Ms. Harris provided a slide presentation on the Dubuque Works Work- force Initiative Year - End 2010 -2011 accom- plishments. Motion carried 7 -0. Westbrook Subdivi- sion - Phase I: City Manager recommend- ing approval of an Amendment to the De- velopment Agreement with Joel Callahan, President of Callahan Construction, for ex- tension of City assis- tance for Phase One of Westbrook Subdivision to July 1, 2012. Motion by Connors to receive and file the documents and approve the rec- ommendation. Second- ed by Braig. Respond- ing to questions from City Council, developer Joel Callahan, 7629 Commerce Park, stated that litigation with the City of Asbury and a shift in the primary tar- get for sales caused a slow start but 18 con- tracts are included in the next phase. Motion carried 7 -0. Final Plat - Westbrook Subdivision - Phase 11: City Manager recom- mending approval of the final plat of Westbrook Subdivision - Phase 11. Motion by Jones to receive and file the documents and adopt Resolution No. 123 -11 Authorizing ap- proval of the final plat of Westbrook Subdivi- sion No. 2 in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7 -0. Westbrook Subdivi- sion - Phase II: City Manager recommend- ing approval a of De- velopment Agreement with Joel Callahan, President of Callahan Construction, Inc., for Phase Two of West- brook Subdivision, with the incentives for PVC pipe for sanitary sewer and water lines, with the restriction on un- derground storage tanks, and the 25% as- sessment provision. sation value hair mar- ket Value) be estab- lished for the property to be acquired for the Southwest Arterial. Motion by Jones to re- ceive and file the docu- ments and adopt Reso- lution No. 125 -11 Estab- lishing the Fair Market Value of real property for the Southwest Arte- rial project, directing good faith negotiations for the acquisition of property and authoriz- ing the commence- ment of eminent do- main proceedings, if necessary, to acquire property. Seconded by Connors. Motion car -; ried 7 -0. Alcohol License Viola. tions: City Manager recommending adop- tion of modified liquol license penalties, which includes a sys- tem of escalating fines and suspension op- tions for licensees and permittees upon viola- tion. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Braig. Respond- ing to questions from City Council, Van Milligen stated that this process creates options for the licen- sees and permittees and that the City looked at the financial impact on businesses to determine reasona- ble penalty rates. Mo- tion carried 7 -0. Motion by Jones for fi- nal consideration and passage of O'rdinance No. 29 -11 Amending the City of Dubuque Code of Ordinances Ti- tle 4 Business and Li- cense Regulations, Chapter 2 Liquor Con- trol, Article B Liquor, Beer, and Wine Licens- es and Permits by repealing Sections 4- 2B-15 Suspension and Revocation Generally; Grounds and 4 -2B -16 Suspension and Revo- cation; Specific Terms, and adopting new Sec- tions 4 -2B -15 Suspen- sion and Revocation Generally; Grounds and 4 -2B -16 Suspension and Revocation; Spe- cific Terms in lieu thereof, providing for the suspension and revocation of alcoholic beverage licenses and the penalties and rem- edies for violations. Seconded by Braig. Motion carried 7 -0. PUBLIC INPUT David Hammer, 720 Laurel Street, ex- pressed opposition to the City's requirement that the residents of Laurel Street hook up to the City's sanitary sewer system. Ham- mer added that most of the homes are below the sewer system which will require elec- tric pumps and create other problems. Van Milligen stated 1 ton ON Week was iealth Hager an. MS ch to the )t the dis- cated. snick. ( #14) River Id for )ssion. O. eports Coun- istoric mmis- ousing 2/22; mmis- Long Advi- )n of Rela- visory 3/16; If Ad- cation Pro - Jruary i1, 3, I1 and JSum- es for ruary n the e re- laims/ Phillips triage; r vehi- achel iehicle notion were !d and ity At- Jvising lowing en re- Entity Iowa, o Iowa Assur- a Wel- Image; )roper - ale J. jehicle 'ecom- al of lichael nperty motion were id con- ropoli- Waste ry An- wnica- Marie merit with respect to two workers' compen- sation claims filed by Randall A. DeMoss. Upon motion the docu- ments were received, filed, and approved. Management Agree- ment - Miller Riverview Park: City Manager recommending appro- val of the Management Agreement with Ken- neth M. Clayton for Miller Riverview Park. Upon motion the docu- ments were received, filed, and approved. Cartegraph Strategic Advisory Board: City Manager recommend- ing approval for Infor- mation Services Man- ager Chris Kohlmann and Street and Sewer Maintenance Supervi- sor John Klosterman to represent the City at the Cartegraph Strate- gic Advisory Board meeting in Washington DC. Upon motion the documents were re- ceived, filed, and ap- proved. Planning for Historic Preservation and New Job Creation Article: City Manager transmit- ting an article authored by Economic Develop- ment Director Dave Heiar on Planning for Historic Preservation and New Job Creation which appeared in the Economic Development Journal. Upon motion the documents were received and filed. 2011 Art on the River Exhibition: Arts and Cultural Affairs Adviso- ry Commission re- questing City Council concurrence with the selection of artwork for the 2011 Art on the Riv- er Competition. Motion by Braig to receive and file the documents. Se- conded by Jones. Ms. Braig expressed recog- nition of the exhibition and thanked the Com- mission for their work. Motion carried 7 -0. Port of Dubuque Mari- na Project - Amended Grant Agreement: City Manager recommend- ing approval of the ex- ecution of an Amend- ment to the City's Fed- eral BIG Tier II Funding Agreement Contract for the development of a transient boating marina facility at the Port of Dubuque. Upon motion the documents were received, filed, and approved. tional Endowment for the Arts for the Our Town Grant. Upon mo- tion the documents were received, filed, and approved. City Hall HVAC Sys- tem - Revised: City Manager providing up- dated information on the water -usage data for the City Hall HVAC system. Upon motion the documents were received, filed, and ap- proved. Morton Salt Agree- ment: City Manager recommending appro- val 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 1st. Upon motion the documents were received, filed, and ap- proved. Volunteer Manage- ment Software: City Manager recommend- ing approval of the purchase of manage- ment software for management of spon- taneous volunteers as well as volunteers to the many programs and departments of the City and community. Upon motion the docu- ments were received, filed, and approved. Mediacom: Communi- cation from Les Grassley, Senior Man- ager - Government Re- lations, advising of a rate increase on or about May 1, 2011. Upon motion the docu- ment was received and filed. Vision Iowa Agree- ment: City Manager recommending appro- val of the River En- hancement Community Attraction and Tourism agreement for the Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 114- 11 Approving the River Enhancement Com- munity Attraction and Tourism Program Grant Agreement be- tween the Vision Iowa Board and the City of Dubuque, Iowa for the Bee Branch Creek Re- storation Project was adopted. Signed Contracts: A. Water Pollution Control Plant Modifications Project - Change Order No. 6; and B. Bunker Hill Pumping Station at 6:30 p.m. on April 18, 2011 in the Historic Federal Building. Kaufmann Avenue Utility Project (John F. Kennedy Road to Cha- ney Road): City Manag- er recommending ini- tiation of the public bidding process for the Kaufmann Avenue Util- ity Project (John F. Kennedy Road to Cha- ney Road) and that a public hearing be set for April 18, 2011. Upon motion the documents were received and filed and Resolution No. 120- 11 Preliminary appro- val of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on the plans and specifications, form of contract, and estimated cost; and or- dering the advertise- ment for bids for the Kaufmann Avenue Util- ity Project (John F. Kennedy Road to Cha- ney Road) was adopted setting a public hear- ing for a meeting tc commence at 6:30 p.m on April 18, 2011 in thf Historic Federal Build ing. BOARDS/ COMMISSIONS Applicants were invit ed to address the Cit Council regarding their desire to serve on the following Boards /Com- missions: Housing Commission: One 3- year term through Au- gust 17, 2011 (Term of Sutton). Applicant: Amy Eudaley, 950 Wood Street. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Franklin Investments, LLC - Development Agreement: Proof of publication on notice of public hearing to consider entering into a Development Agree- ment with Franklin In- vestments, LLC for re- development of the property located at 39 Bluff Street. Motion by Connors to receive and file the documents and adopt Resolution No. 121 -11 Approving a De- velopment Agreement with Franklin Invest- ments, LLC for the property located at 39 Bluff Street. Seconded by Jones. Motion car- ried 7 -0. ' LIKE TH ong ange • anning Advisory Commission. Motion by Connors to receive and file the documents. Seconded by Braig. Ms. Braig read a prepared state- ment into the Record. Council reached con- sensus to reconsider the matter in the fu- ture. Motion carried 7 -0. Smart Planning Con- sortium: City Manager transmitting informa- tion from the recent Dubuque Region Smart Planning Consortium meetings held on Feb- ruary 9, 2011, and March 9, 2011, as well as the March 2, 2011 public input session with elected and ap- pointed officials. Mo- tion by Connors to re- ceive and file the docu- ments. Seconded by Resnick. Planning Serv- ices Manager Laura Carstens stated that City Council Members are welcome to attend any and all meetings of the Consortium adding that the broader, re- gional approach of the Consortium relates well to the comprehen- STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 13, 2011, and for which the charge is $314.10. c:_ap Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this / day of C; , 20 // Kotary Public in and for Dubuque County, Iowa. MARY K. WESTERMEI Commission Number 154 C s 1- c g 2; ig �i- of a- ry 6; d- on ry 3, nd m- for iry ment with respect to two workers' compen- sation claims filed by Randall A. DeMoss. Upon motion the docu- ments were received, filed, and approved. Management Agree- ment - Miller Riverview Park: City Manager recommending appro- val of the Management Agreement with Ken- neth M. Clayton for Miller Riverview Park. Upon motion the docu- ments were received, filed, and approved. Cartegraph Strategic Advisory Board: City Manager recommend- ing approval for Infor- mation Services Man- ager Chris Kohlmann and Street and Sewer remaining supplies on Maintenance Supervi- May 1st. Upon motion sor John Klosterman to the documents were represent the City at received, filed, and ap- the Cartegraph Strate- proved. v gic Advisory Board Volunteer Manage meeting in Washington ment Software: City DC. Uppn motion the Managerend- documents were re- ing approval of the ceived, filed, and ap- purchase software manage - proved. Planning for Historic management of spon- :he re- ns/ Ips ge; ?hi - :het icle :ion ,ere and At - Historic Preservation filed, and approved. and New Job Creation Mediacom: Communi- Council regarding their which appeared in the cation from Les desire to serve on the Economic Development Grassley, Senior Man- following Boards/Com- Journal. Upon motion ager - Government Re- missions: Housing the documents were lations, advising of a Commission; One 3- dfiled. rate increase on or gear ust 17rm 2011 (Term of Sutton). Applicant: Amy Eudaley, 950 Wood Street. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil Franklin Investments, LLC - Development Agreement: Proof of publication on notice of public hearing to consider entering into a Development Agree- J. Port f Dubuque Man Enhancement Co ment with Franklin In- hicle na Project - Amended Tourism iyAttraction a dm development LLC ofor re - the Grant Agreement: City com- Manager recommend- Grant Agreement be- property located at 39 J of ing approval of the ex- tween the Vision Iowa Bluff Street. Motion by hael ecution of an Amend- Board and the City of Connors to receive and pertyotlon ment to the City'suded-ing BeeuBranch Creek Re- Iowa for the adople t Resolutions and No. were eral BIGm Tier II Funding121-11 were Agreement Contract storation Project was velopmepprAgreement I con- for the development of adopted. a transient boating Signed Contracts: A. with Franklin Invest- opoli- marina facility at the Water Pollution Control ments, LLC for the Naste Port of Dubuque. Upon Plant Modifications property located at 39 y An- motion the documents Project - Change Order Bluff Street. Seconded unica- were received, filed, No. 6; andnB. B+ tker b ed o p s. Motion car- rece1v Au 2011. 2011 Art on the' River about May 1, Exhibition: Arts and Upon motion the docu- Cultural Affairs Adviso- ment was received and ry Commission re- filed. questing City Council Vision Iowa Agree - concurrence with the ment: City Manager selection of artwork for recommending appro- sing the 2011 Art on the Riv- val of the River En- ving er Competition. Motion hancement Community re- by Braig to receive and Attraction and Tourism itity file the documents. Se- agreement for the Bee Ewa, conded by Jones. Ms. Branch Creek Restora- owa Braig expressed recog- tion Project. Upon mo- sur- nitton of the exhibition tion the documents Wel- and thanked the Com- were received and filed age; mission for their work. and Resolution No. 114- iper- Motion carried 7-0. 11 Approving the River 0 tional Endowment for at 6:30 p.m. on April the Arts for the Our 2011 in the Histo Town Grant. Upon mo- Federal Building. were the r cei edu filed, Utility Project (John and approved. Kennedy Road to Ch City Hall HVAC Sys- ney Road): City Mana tem - Revised: City er recommending it Manager providing up- tiation of the publ dated information on bidding process for tl the water -usage data Kaufmann Avenue Ut for the City Hall HVAC ity Project (John systthe em. Upon documentsmwere ney otiOn nRoad) edY otoad and that received, filed, and ap- public hearing be SE proved. for April 18, 2011. Upo Morton Salt Agree- motion the document ment: City Manager were received and file recommending appro- and Resolution No. 12( val to inform Morton 11 Preliminary apprc Salt International LLC val of plans, specifica of the City's intent to tions, form of contract purchase up to 7,000 and estimated cosi tons of salt from their setting date of publi hearing on the plan and specification form of contract, an, estimated cost; and or dering the advertise ment for bids for thl Kaufmann Avenue Utll ity Project (John F Kennedy Road to Cha ney Road) was adoptec setting a public hear ing for a meeting tc Preservation and New taneous volunteers as commence at 6:30 p.m Job Creation Article: well as volunteers to onHiApril 18, il Federal011 in But dE City Manager transmit- the many programs ting an article authored and departments of the ing. BOARDS/ by Economic Develop- City and community. ment Director Dave Upon motion the docu- COMMISSIONS Heiar on Planning for ments were received, Are invit edtpoliaddress dants ethe C t LIKE TH ong ange • anning Advisory Commission. Motion by Connors to receive and file the documents. Seconded by Braig. Ms. Braig read a prepared state- ment into the Record. Council reached con- sensus to reconsider the matter in the fu- ture. Motion carried 7-0. Smart Planning Con- sortium: City Manager transmitting informa- tion from the recent Dubuque Region Smart Planning Consortium meetings held on Feb- ruary 9, 2011, and March 9, 2011, as well as the March 2, 2011 public input session with elected and ap- pointed officials. Mo- tion by Connors to re- ceive and file the docu- ments. Seconded by Resnick. Planning Serv- ices Manager Laura Carstens stated that City Council Members are welcome to attend any and all meetings of the Consortium adding that the broader, re- gional approach of the Consortium relates well to the comprehen- STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 13, 2011, and for which the charge is $314.10. 31,19tAvrte Subscribed to before me, a Notary Public in and fo2Dubuque County, Iowa, this C day of ��� otary Public in and for Dubuque County, Iowa. MARY K. WESTERME% Commission Number 154 Member Lynn Sutton PROCLAMATION t Public Health Week (April 4 - 10, 2011) was accepted by Health Services Manager Mary Rose Corrigan. f CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Braig requested (#14) 2011 Art on the River Exhibition be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: City Coun- cil of 3/21; Historic Preservation Commis- sion of 3/17; Housing Commission of 2/22; Human Rights Commis- sion of 2/14; Long Range Planning Advi- sory Commission of 3/16; Sister City Rela- tionships Advisory Commission of 3/16; Zoning Board of Ad- justment of 3/24 Proofs of publication of City Council Pro- ceedings of February 15 and 28, March 1, 3, 7, 10, and 12, 2011 and List of Claims and Sum- mary of Revenues for Month Ended February 28, 2011 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Michael Phillips for property damage; Dale J. Kenkel for vehi- cle damage; Rachel Chavez for vehicle damage. Upon motion the documents were received and filed and referred to the City At- torney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Monica Wel- ter for vehicle damage; Joyce Terris for proper- ty damage; Dale J. Kenkel for vehicle damage City Attorney recom- mending approval of the claim of Michael Phillips for property damage. Upon motion the documents were received, filed and con- curred. Dubuque Metropoli- tan Area Solid Waste Agency Voluntary An- nexation: Communica- tion from Marie Steenlage, City-Devel= opment Board Admin- istrator, submitting the Findings of Fact and Conclusions of Law and the Final Order filed by the City Devel- opment Board approv- ing the City's voluntary annexation. Upon mo- tion the document was received and filed. Iowa Department of Transportation - US 151/61 Capacity Im- provements: City Man- ager recommending approval of an Iowa Department of Trans- portation (Iowa DOT) Cooperative Agree- ment for Primary Road Project as it relates to the US 151/61 Corridor Project and the con- struction of a south - bound right -turn lane on US 151/61 at Lake Eleanor Road. Upon motion the documents were received and filed and Resolution No. 107- 11 Approving the Iowa Department of Trans- portation Cooperative Agreement for Primary Road Project (Agree- ment No. 2011-16-123) between the Iowa De- partment of Transpor- tation and the City of Dubuque for the US 151/61 Corridor Project was adopted. Railroad Property Pur- chase - 6th and Jack- son Street: City Man- ager recommending approval to purchase Lot 1 of Lot 3 of Mil- waukee Industrial Tract No. 1 in the City of Dubuque from the Chicago, Central & Pa- cific Railroad Company for the hike/bike trial in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 108-11 Accepting a convey- ance of property of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque was adopted. Final Plat - Engine House No. 1 Subdivi- sion: City Manager rec- ommending approval of the final plat of Lot 1 and Lot A of Engine House No. 1 Subdivi- sion in the City of Du- buque, Dubuque Coun- ty, Iowa. Upon motion the documents were received and filed and Resolution No. 109-11 Approving the plat of Lot 1 and Lot A of En- gine House No. 1 Sub- division in the City of Dubuque, Dubuque County, Iowa, was adopted. American Council o ment with respect to wo workers' compen- sation claims filed by Randall A. DeMoss. Upon motion the docu- ments were received, iled, and approved. Management Agree- ment - Miller Riverview Park: City Manager recommending appro- val of the Management Agreement with Ken- neth M. Clayton for Miller Riverview Park. Upon motion the docu- ments were received, filed, and approved. Cartegraph Strategic Advisory Board: City Manager recommend- ing approval for Infor- mation Services Man- ager Chris Kohlmann and Street and Sewer Maintenance Supervi- sor John Klosterman to represent the City at the Cartegraph Strate- gic Advisory Board meeting in Washington DC. Upon motion the documents were re- ceived, filed, and ap- proved. Planning for Historic Preservation and New Job Creation Article: City Manager transmit- ting an article authored by Economic Develop- ment Director Dave Heiar on Planning for Historic Preservation and New Job Creation which appeared in the Economic Development Journal. Upon motion the documents were received and filed. 2011 Art on the River Exhibition: Arts and Cultural Affairs Adviso- ry Commission re- questing City Council concurrence with the selection of artwork for the 2011 Art on the Riv- er Competition. Motion by Braig to receive and file the documents. Se- conded by Jones. Ms. Braig expressed recog- nition of the exhibition and thanked the Com- mission for their work. Motion carried 7-0. Port of Dubuque Mari- na Project Amended Grant Agreement: City Manager recommend- ing approval of the ex- ecution of an Amend- ment to the City's Fed- eral BIG Tier II Funding Agreement Contract for the development of a transient boating marina facility at the Port of Dubuque. Upon motion the documents were received, filed, and approved. 2011 Fire Hydrant Painting Project: City Manager recommend- ing award of the public improvement contract for the 2011 Fire Hy- drant Painting Project to Ted Stackis Con- struction in the amount of $59,800. Upon mo- tion the documents were received and filed and Resolution No. 110- 11 Awarding public im- provement contract for the 2011 Fire Hydrant Painting Project was adopted. Northwest Arterial Hike / Bike Trail - Phase 3 Project: City Manager recommend- ing award of the public improvement contract for the Northwest Arte- rial Hike / Bike Trail - Phase 3 Project to Drew Cook and Sons Excavating, -Inc -in the amount of $143,599.60. Upon motion the docu- ments were received and filed and Resolu- tion No. 111-11 Award- ing public improve- ment contract for the Northwest Arterial Hike / Bike Trail - Phase 3 Project was adopted. Request for Proposals - ARC Transfer Center: City Manager recom- mending approval of the issuance of a Re- quest for Proposal for the final design and en- gineering of the Phase I canopy, and prelimi- nary design of the Phase II enclosure, for the ARC Transfer Cen- ter for The Jule. Upon motion the documents were received, filed, and approved. Central Avenue HMA Resurfacing - 21st to 32nd Street Project: City Manager recom- mending award of the public improvement contract for the Central Avenue HMA Resurfacing - 21st to 32nd Street Project to River City Paving in the amount of $1,361,772.11. Upon motion the documents were received and filed and Resolution No. 112- 11 Awarding public im- provement contract for the Central Avenue HMA Resurfacing - 21st to 32nd Street Project was adopted. Citizen Communica- tions: Communication from John Kirpes, Pfohl's Inc., in opposi- tion to the possibility of a drive thru in the al- ley of Hartig Drug on Locust Street. Communication from Jim and Dorothy at 6:30 p.m. on April 18, 2011 in the Historic Federal Building. Kaufmann Avenue Utility Project (John F. Kennedy Road to Cha- ney Road): City Manag- er recommending ini- tiation of the public bidding process for the Kaufmann Avenue Util- ity Project (John F. Kennedy Road to Cha- ney Road) and that a public hearing be set for April 18, 2011. Upon motion the documents were received and filed and Resolution No. 120- 11 Preliminary appro- val of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on the plans and specifications, form of contract, and estimated cost; and or- dering the advertise- ment for bids for the Kaufmann Avenue Util- ity Project (John F. Kennedy Road to Cha- ney Road) was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on April 18, 2011 in the Historic Federal Build- ing. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions: Housing Commission: One 3- year term through Au- gust 17, 2011 (Term of Sutton). Applicant: Amy Eudaley, 950 Wood Street. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Franklin Investments, LLC - Development Agreement: Proof of publication on notice of public hearing to consider entering into a Development Agree- ment with Franklin In- vestments, LLC for re- development of the property located at 39 Bluff Street. Motion by Connors to receive and file the documents and adopt Resolution No. 121-11 Approving a De- velopment Agreement with Franklin Invest- ments, LLC for the property located at 39 Bluff Street. Seconded by Jones. Motion car- ried 7-0. Acquisition of Proper- ty for the Southwest Arterial: Proof of publi- cation on notice of public hearing on a portion of the South- west Arterial Project and making the final site selections for that portion of the project. Motion by Jones to re- ceive and file the docu- ments and adopt Reso- lution No. 122-11 Ap- proving a portion of the Southwest Arterial project and making the final selection of a site for a portion of the Southwest Arterial project. Seconded by Resnick. Betty Tigges, 2082 Admiral Street, spoke in opposition to acquiring more of her parcel and the dead- end spur that will be created for the project stating it is dangerous. Responding to ques- tions from City Council, Assistant City Engineer Bob Schiesl stated the type of spur that will be created at the inter- section of North Cas- cade and English Mill Roads will serve the property owners that remain when construc- tion is finished and that it is a common spur design not known to be dangerous. Mo- tion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 2011 Dubuque Works Annual Report and Re- source Guide: Greater Dubuque Development Corporation Director Rick Dickinson and Di- rector of Work Force Development Sarah Harris to present the 2011 Dubuque Works Annual Report and Re- source Guide. Motion by Jones to receive and file the information. Seconded by Connors. Mr. Dickinson and Ms. Harris provided a slide presentation on the Dubuque Works Work- force Initiative Year - End 2010-2011 accom- plishments. Motion carried 7-0. Westbrook Subdivi- sion - Phase I: City Manager recommend- ing approval of an Amendment to the De- velopment Agreement with Joel Callahan, President of Callahan Construction, for ex- tension of City assis- tance for Phase One of Westbrook Subdivision to. July 1, 2012. Motion by Connors to receive and file the documents -.,,, I_.._..i .. _......i .,c n..,,.. i,..._ nnrl ,nnrnvo tho ror- tional Endowment for the Arts for the Our Town. Grant. Upon mo- tion the documents were received, filed, and approved. City Hall HVAC Sys- tem - Revised: City Manager providing up- dated information on the water -usage data for the City Hall HVAC system. Upon motion the documents were received, filed, and ap- proved. Morton Salt Agree- ment: City Manager recommending appro- val 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 1st. Upon motion the documents were received, filed, and ap- proved. Volunteer Manage- ment Software: City Manager recommend- ing approval of the purchase of manage- ment software for management of spon- taneous volunteers as well as volunteers to the many programs and departments of the City and community. Upon motion the docu- ments were received, filed, and approved. Mediacom: Communi- cation from Les Grassley, Senior Man- ager - Government Re- lations, advising of a rate increase on or about May 1, 2011. Upon motion the docu- ment was received and filed. Vision Iowa Agree- ment: City Manager recommending appro- val of the River En- hancement Community Attraction and Tourism agreement for the Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 114- 11 Approving the River Enhancement Com- munity Attraction and Tourism Program Grant Agreement be- tween the Vision Iowa Board and the City of Dubuque, Iowa for the Bee Branch Creek Re- storation Project was adopted. Signed Contracts: A. Water Pollution Control Plant Modifications Project - Change Order No. 6; and B. Bunker Hill Pumping Station Renovation. Upon mo- tion the documents were received and filed. Liquor License Trans- fer: Request of Jumpin' Jane's Indoor Party and Play Center to perma- nently transfer their liquor license from 2055 Holiday Drive to 4292 Dodge Street. Upon motion the docu- ments were received, filed, and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 115-11 Granting the issuance of one new permit to sell cigarettes to Fare- way Stores, Inc. #114; Resolution No. 116-11 Granting the issuance of a Class "C" Beer Permit to Hartig Drug Company, Mulgrew Oil Company and K-Mart #4018; and Resolution No. 117-11 Granting the issuance of a Class "C" Beer/Liquor License to Noonan's Tap, Neigh- bor's Tap, Hammer Time Bar, The Hub, Clarke University, Olive Garden Restaurant, Whiskey River,. Loras College Campus Cen- ter, Joliet Building Cor- poration and Marco's Italian American Food; a Class "B" Wine Per- mit to Hartig Drug, K- Mart #4018 and Fare - way Store #114; a Class "WBN" Native Wine Permit to Nation- al Mississippi River Museum and 16th Street Auto/Truck Pla- za; and a Class "E" Liq- uor License to Fareway Store #114 were adopt- ed. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set• the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Flexsteel Project: City Manager recommend- ing that a public hear- ing be set for April 18, 2011 to consider the dispo"sition of approxi- mately 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 ap- Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Resnick. Responding to questions from City Council, Water Plant Manager Bob Green ex- plained the properties of the PVC piping used and the reasoning for the restrictions. Motion carried 7-0. Complete Streets Poli- cy: City Manager rec- ommending approval of a Complete Streets Policy for the City of Dubuque. Communication from Charles Winterwood, White Pine Group of the Sierra Club, in sup- port of a strong corn- plete streets policy. Motion by Connors to receive and file the documents and adopt Resolution No. 124-11. Adopting a Complete Streets Policy. Second- ed by Jones. Motion carried 7-0. Long Range Planning Advisory Commission Liaison: Communica- tion from the Long Range Planning Advi- sory Commission re- questing that the City Council re-evaluate ap- pointing a City Council Liaison to serve on the Long Range Planning - Advisory Commission. Motion by Connors to receive and file the documents. Seconded by Braig. Ms. Braig read a prepared state- ment into the Record. Council reached con- sensus to reconsider the matter in the fu- ture. Motion carried 7-0. Smart Planning Con- sortium: City Manager transmitting informa- tion from the recent Dubuque Region Smart Planning Consortium meetings held on Feb- ruary 9, 2011, and March 9, 2011, as well as the March 2, 2011 public input session with elected and ap- pointed officials. Mo- tion by Connors to re- ceive and file the docu- ments. Seconded by Resnick. Planning Serv- ices Manager Laura Carstens stated that City Council Members are welcome to attend any and all meetings of the Consortium adding that the broader, re- gional approach of the Consortium relates well to the comprehen- sive plans of all partici- pants. New Name for the Water Pollution Control Plant: City Manager recommending appro- val to name the recon- structed Water Pollu- tion Control Plant the Water and Resource Recovery Center. Mo- tion by Connors to re- ceive and file the docu- ments and approve the recommendation. Se- conded by Braig. Res- nick expressed disap- proval for the new name stating that it doesn't relate to the purpose of the facility and may be confused with recycling facili- ties. Motion carried 6-1 with Resnick voting nay. Southwest Arterial Project - Right -of -Way Acquisition: City Man- ager recommending that the Just Compen- sation Value (Fair Mar- ket Value) be estab- lished for the property to be acquired for the Southwest Arterial. Motion by Jones to re- ceive and file the docu- ments and adopt Reso- lution No. 125-11 Estab- lishing the Fair Market Value of real property for the Southwest Arte- rial project, directing good faith negotiations for the acquisition of property and authoriz- ing the commence- ment of eminent do- main proceedings, if necessary, to acquire property. Seconded by Connors. Motion car- ried 7-0. Alcohol License Viola- tions: City Manager recommending adop- tion of modified liquor license penalties, which includes a sys- tem of escalating fines and suspension op- tions for licensees and permittees upon viola- tion. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Braig. Respond- ing to questions from City Council, Van Milligen stated that tills process creates options for the licen- sees and permittees and that the City looked at the financial impact on businesses to determine reasona- ble penalty rates. Mo- tion carried 7-0. nnntinn by Inner for fi- that the City has a meeting scheduled with the Laurel Street residents and the proj- ect will come before the Council. He added that the City is imple- menting an existing policy. Stacie Neldaughter, 1605 Lincoln Avenue, expressed her con- cerns over the process and disapproval of her request for a procla- mation commemorat- ing Gay Pride Month. Mayor Buol reiterated the process for submit- ting a proclamation and informed Ms. Neldaughter that re- quests require a local connection. If she was able to provide that, he would consider the proclamation for June 2011. Randy Vannorsdel, 11856 Irene Lane, spoke in opposition to proclaiming a Gay Pride Month and thanked Council for their support of a Com- plete Streets policy. There being no fur- ther business, upon motion the City Council adjourned at 817 p.m. /s/Kevin S Firnstahl Assistant City Clerk 1t 4/13 OF IOWA {SS: ►UE COUNTY CERTIFICATION OF PUBLICATION ike, a Billing Clerk for Woodward Communications, publisher of the Telegraph Herald,a newspaper of gel the City of Dubuque, County of Dubuque and State ie attached notice was published in said newspaper o 13, 2011, and for which the charge is $314.10. 4,„ Pa), Subscribed to before me, a Notary Public in and for Dubuque Cot this / day of , 20 // . otary Public in and for Dubuque ( MARY K. WESTERMEY! Commjsslon Number 154 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 4, 2011 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl 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 was pro- vided by Mayor Roy D. Buol. SWEARING -IN Fourth Ward Council Suits: Michael Phillips for property damage; Dale J. Kenkel for vehi- cle damage; Rachel Chavez for vehicle damage. Upon motion the documents were received and filed and referred to the City At- torney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Monica Wel- ter for vehicle damage; Joyce Terris for proper- ty damage; Dale J. Kenkel for vehicle damage City Attorney recom- mending approval of the claim of Michael Phillips for property damage. Upon motion the documents were received, filed and con- curred. Dubuque Metropoli- tan Area Solid Waste Agency Voluntary An- nexation: Communica- tion from Marie -Steenlage, City Devel- opment Board Admin- istrator, submitting the Findings of Fact and Conclusions of Law and the Final Order filed by the City Devel- opment Board approv- ing the City's voluntary annexation. Upon mo- tion the document was received and filed. Iowa Department of Transportation - US 151/61 Capacity Im- provements: City Man- ager recommending approval of an Iowa Department of Trans- portation (Iowa DOT) Cooperative Agree- ment for Primary Road Project as it relates to the US 151/61 Corridor Project and the con- struction of a south - bound right -turn lane on US 151/61 at Lake Eleanor Road. Upon motion the documents were received and filed and Resolution No. 107- 11 Approving the Iowa Department of Trans- portation Cooperative Agreement for Primary Road Project (Agree- ment No. 2011-16-123) between the Iowa De- partment of Transpor- tation and the City of Dubuque for the US 151/61 Corridor Project was adopted. Railroad Property Pur- chase - 6th and Jack- son Street: City Man- ager recommending approval to purchase Lot 1 of Lot 3 of Mil- waukee Industrial Tract No. 1 in the City of Dubuque from the Chicago, Central & Pa- cific Railroad Company for the hike/bike trial in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 108-11 Accepting a convey- ance of property of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque was adopted. Final Plat - Engine House No. 1 Subdivi- sion: City Manager rec- ommending approval of the final plat of Lot 1 and Lot A of Engine House No. 1 Subdivi- sion in the City of Du- buque, Dubuque Coun- ty, Iowa. Upon motion the documents were received and filed and Resolution No. 109-11 Approving the plat of Lot 1 and Lot A of En- gine House No. 1 Sub- division in the City of Dubuque, Dubuque County, Iowa, was adopted. American Council of Engineering Compa- nies 2011 Engineering Excellence Award for the East-West Corridor Connectivity Study: City Manager transmit- ting information on the state and national rec- ognition received from the American Council of Engineering Compa- nies (ACEC) for the East-West Corridor Connectivity Study. Upon motion the docu- ments were received and filed. Veterans' Park Com- munity Garden Part- nership with Dubuque Jaycees: City Manager recommending appro- val of a one-year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. Upon motion the documents were received, filed, and approved. EPA Community Ac- tion for a Renewed En- vironment (CARE) Grant Application: City Manager recommend- ing approval of an EPA CARE grant application in the amount of $96,426. Upon motion the documents were received, filed, and ap- proved. Worker's Compensa- tion Settlement Agree- ment: Attorney Les V. Reddick recommend- ing approval of the Agreements for Settle - Journal. Upon motion the documents were received and filed. 2011 Art on the River Exhibition: Arts and Cultural Affairs Adviso- ry Commission re- questing City Council concurrence with the selection of artwork for the 2011 Art on the Riv- er Competition. Motion by Braig to receive and file the documents. Se- conded by Jones. Ms. Braig expressed recog- nition of the exhibition and thanked the Com- mission for their work. Motion carried 7-0. Port of Dubuque Mari- na Project Amended Grant Agreement: City Manager recommend- ing approval of the ex- ecution of an Amend- ment to the City's Fed- eral BIG Tier II Funding Agreement Contract for the development of a transient boating marina facility at the Port of Dubuque. Upon motion the documents were received, filed, and approved. 2011 Fire Hydrant Painting Project: City Manager recommend- ing award of the public improvement contract for the 2011 Fire Hy- drant Painting Project to Ted Stackis Con- struction in the amount of $59,800. Upon mo- tion the documents were received and filed and Resolution No. 110- 11 Awarding public im- provement contract for the 2011 Fire Hydrant Painting Project was adopted. Northwest Arterial Hike / Bike Trail - Phase 3 Project: City Manager recommend- ing award of the public improvement contract for the Northwest Arte- rial Hike / Bike Trail - Phase 3 Project to Drew Cook and Sons Excavating, Inc 'in the amount of $143,599.60. Upon motion the docu- ments were received and filed and Resolu- tion No. 111-11 Award- ing public improve- ment contract for the Northwest Arterial Hike / Bike Trail - Phase 3 Project was adopted. Request for Proposals - ARC Transfer Center: City Manager recom- mending approval of the issuance of a Re- quest for Proposal for the final design and en- gineering of the Phase I canopy, and prelimi- nary design of the Phase II enclosure, for the ARC Transfer Cen- ter for The Jule. Upon motion the documents were received, filed, and approved. Central Avenue HMA Resurfacing - 21st to 32nd Street Project: City Manager recom- mending award of the public improvement contract for the Central Avenue HMA Resurfacing - 21st to 32nd Street Project to River City Paving in the amount of $1,361,772.11. Upon motion the documents were received and filed and Resolution No. 112- 11 Awarding public im- provement contract for the Central Avenue HMA Resurfacing 21st to 32nd Street Project was adopted. Citizen Communica- tions: Communication from John Kirpes, Pfohl's Inc., in opposi- tion to the possibility of a drive thru in the al- ley 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 Lau- rel Street. Communication from Tom and Judy Ed- monds, 700 Laurel Street, in opposition to the proposed extension of sewer lines on Lau- rel Street. Upon motion the documents were re- ceived and filed. Legislative Communi- cation: Communication from Senator Charles E. Grassley regarding the Community Devel- opment Block Grant (CDBG) Program. Upon motion the document was received and filed. River Enhancement Community Attraction and Tourism (RECAT) Grant: City Manager recommending appro- val of the additional lo- cal match required by Vision Iowa for the Riv- er Enhancement Com- munity Attraction and Tourism (RECAT) grant. Upon motion the documents were re- ceived and filed and Resolution No. 113-11 Approving additional local match for the RECAT Program for funding for America's River Project III was adopted. Our Town Grant: City Manager recommend- ing approval of a Letter of Support to the Na- ager - Government Re- lations, advising of a rate increase on or about May 1, 2011. Upon motion the docu- ment was received and filed. Vision Iowa Agree- ment: City Manager recommending appro- val of the River En- hancement Community Attraction and Tourism agreement for the Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 114- 11 Approving the River Enhancement Com- munity Attraction and Tourism Program Grant Agreement be- tween the Vision Iowa Board and the City of Dubuque, Iowa for the Bee Branch Creek Re- storation Project was adopted. Signed Contracts: A. Water Pollution Control Plant Modifications Project - Change Order No. 6; and B. Bunker Hill Pumping Station Renovation. Upon mo- tion the documents were received and filed. Liquor License Trans- fer: Request of Jumpin' Jane's Indoor Party and Play Center to perma- nently transfer their liquor license from 2055 Holiday Drive to 4292 Dodge Street. Upon motion the docu- ments were received, filed, and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 115-11 Granting the issuance of one new permit to sell cigarettes to Fare- way Stores, Inc. #114; Resolution No. 116-11 Granting the issuance of a Class "C" Beer Permit to Hartig Drug Company, Mulgrew Oil Company and K-Mart #4018; and Resolution No. 117-11 Granting the issuance of a Class "C" Beer/Liquor License to Noonan's Tap, Neigh- bor's Tap, Hammer Time Bar, The Hub, Clarke University, Olive Garden Restaurant, Whiskey River„ Loras College Campus Cen- ter, Joliet Building Cor- poration and Marco's Italian American Food; a Class "B" Wine Per- mit to Hartig Drug, K- Mart #4018 and Fare - way Store #114; a Class "WBN" Native Wine Permit to Nation- al Mississippi River Museum and 16th Street Auto/Truck Pla- za; and a Class "E" Liq- uor License to Fareway Store #114 were adopt- ed. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resoluti.ons, set. the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Flexsteel Project: City Manager recommend- ing that a public hear- ing be set for April 18, 2011 to consider the disposition of approxi- mately 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 ap- proval of a Develop- ment Agreement relat- ing thereto. Upon mo- tion the documents were received and filed and Resolution No. 118- 11 Resolution of intent to dispose of an inter- est 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 pro- posed issuance of Ur- ban Renewal Tax Incre- ment Revenue obliga- tions and the execution of a Development Agreement relating thereto with Flexsteel Industries, Inc. and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 18, 2011 in the Historic Federal Building. Fiscal Year 2011 Third Budget Amendment: City Manager recom- mending that a public hearing be set for April 18, 2011 to consider adoption of the Fiscal Year 2011 Third Budget Amendment. Upon mo- tion the documents were received and filed and Resolution No. 119- 11 Setting the date for public hearing on the Fiscal Year 2011 Third Budget Amendment was adopted setting a public hearing for a meeting to commence missions: Housing Commission: One 3- year term through Au- gust 17, 2011 (Term of Sutton). Applicant: Amy Eudaley, 950 Wood Street. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Franklin Investments, LLC - Development Agreement: Proof of publication on notice of public hearing to consider entering into a Development Agree- ment with Franklin In- vestments, LLC for re- development of the property located at 39 Bluff Street. Motion by Connors to receive and file the documents and adopt Resolution No. 121-11 Approving a De- velopment Agreement with Franklin Invest- ments, LLC for the property located at 39 Bluff Street. Seconded by Jones. Motion car- ried 7-0. Acquisition of Proper- ty for the Southwest Arterial: Proof of publi- cation on notice of public hearing on a portion of the South- west Arterial Project and making the final site selections for that portion, of the project. Motion by Jones to re- ceive and file the docu- ments and adopt Reso- lution No. 122-11 Ap- proving a portion of the Southwest Arterial project and making the final selection of a site for a portion of the Southwest Arterial project. Seconded by Resnick. Betty Tigges, 2082 Admiral Street, spoke in opposition to acquiring more of her parcel and the dead- end spur that will be created for the project stating it is dangerous. Responding to ques- tions from City Council, Assistant City Engineer Bob Schiesl stated the type of spur that will be created at the inter- section of North Cas- cade and English Mill Roads will serve the property owners that remain when construc- tion is finished and that it is a common spur design not known to be dangerous. Mo- tion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 2011 Dubuque Works Annual Report and Re- source Guide: Greater Dubuque Development Corporation Director Rick Dickinson and Di- rector of Work Force Development Sarah Harris to present the 2011 Dubuque Works Annual Report and Re- source Guide. Motion by Jones to receive and file the information. Seconded by Connors. Mr. Dickinson and Ms. Harris provided a slide presentation on the Dubuque Works Work- force Initiative Year - End 2010-2011 accom- plishments. Motion carried 7-0. Westbrook Subdivi- sion - Phase I: City Manager recommend- ing approval of an Amendment to the De- velopment Agreement with Joel Callahan, President of Callahan Construction, for ex- tension of City assis- tance for Phase One of Westbrook Subdivision to July 1, 2012. Motion by Connors to receive and file the documents and approve the rec- ommendation. Second- ed by Braig. Respond- ing to questions from City Council, developer Joel Callahan, 7629 Commerce Park, stated that litigation with the City of Asbury and a shift in the primary tar- get for sales caused a slow start but 18 con- tracts are included in the next phase. Motion carried 7-0. Final Plat - Westbrook Subdivision - Phase II: City Manager recom- mending approval of the final plat of Westbrook Subdivision - Phase II. Motion by Jones to receive and file the documents and adopt Resolution No. 123-11 Authorizing ap- proval of the final plat of Westbrook Subdivi- sion No. 2 in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. Westbrook Subdivi- sion - Phase II: City Manager recommend- ing approval a of De- velopment Agreement with Joel Callahan, President of Callahan Construction, Inc., for Phase Two of West- brook Subdivision, with the incentives for PVC pipe for sanitary sewer and water lines, with the restriction on un- derground storage tanks, and the 25% as- sessment provision. receive and file the documents. Seconded by Braig. Ms. Braig read a prepared state- ment into the Record. Council reached con- sensus to reconsider the matter in the fu- ture. Motion carried 7-0. Smart Planning Con- sortium: City Manager transmitting informa- tion from the recent Dubuque Region Smart Planning Consortium meetings held on Feb- ruary 9, 2011, and March 9, 2011, as well as the March 2, 2011 public input session with elected and ap- pointed officials. Mo- tion by Connors to re- ceive and file the docu- ments. Seconded by Resnick. Planning Serv- ices Manager Laura Carstens stated that City Council Members are welcome to attend any and all meetings of the Consortium adding that the broader, re- gional approach of the Consortium relates well to the comprehen- sive plans of all partici- pants. New Name for the Water Pollution Control Plant: City Manager recommending appro- val to name the recon- structed Water Pollu- tion Control Plant the Water and Resource Recovery Center. Mo- tion by Connors to re- ceive and file the docu- ments and approve the recommendation. Se- conded by Braig. Res- nick expressed disap- proval for the new name stating that it doesn't relate to the purpose of the facility and may be confused with recycling facili- ties. Motion carried 6-1 with Resnick voting nay. Southwest Arterial Project - Right -of -Way Acquisition: City Man- ager recommending that the Just Compen- sation Value (Fair Mar- ket Value) be estab- lished for the property to be acquired for the Southwest Arterial. Motion by Jones to re- ceive and file the docu- ments and adopt Reso- lution No. 125-11 Estab- lishing the Fair Market Value of real property for the Southwest Arte- rial project, directing good faith negotiations for the acquisition of property and authoriz- ing the commence- ment of eminent do- main proceedings, if necessary, to acquire property. Seconded by Connors. Motion car- ried 7-0. Alcohol License Viola- tions: City Manager recommending adop- tion of modified liquor license penalties, which includes a sys- tem of escalating fines and suspension op- tions for licensees and permittees upon viola- tion. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Braig. Respond- ing to questions from City Council, Van Milligen stated that this . processcreates: options for the licen- sees and permittees and that the City looked at the financial impact on businesses to determine reasona- ble penalty rates. Mo- tion carried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance. No. 29-11 Amending the City of Dubuque Code of Ordinances Ti- tle 4 Business and Li- cense Regulations, Chapter 2 Liquor Con- trol, Article B Liquor, Beer, and Wine Licens- es and Permits by repealing Sections 4- 2B-15 Suspension and Revocation Generally; Grounds and 4-2B-16 Suspension and Revo- cation; Specific Terms, and adopting new Sec- tions 4-2B-15 Suspen- sion and Revocation Generally; Grounds and 4-2B-16 Suspension and Revocation; Spe- cific Terms in lieu thereof, providing for the suspension and revocation of alcoholic beverage licenses and the penalties and rem- edies for violations. Seconded by Braig. Motion carried 7-0. PUBLIC INPUT David Hammer, 720 Laurel Street, ex- pressed opposition to the City's requirement that the residents of Laurel Street hook up to the City's sanitary sewer system. Ham- mer added that most of the homes are below the sewer system which will require elec- tric pumps and create other problems. Van Milligen stated Subscribed to before me, a Notary Puific this /1/1! day of C�2 otary P