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5 2 11 City Council Agenda without Icons ROLL CALL ORDER FOR MEETING OF 5/2/11 SUTTON BRAIG BUOL CONNORS JONES LYNCH RESNICK CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, MAY 2, 2011 PLEDGE OF ALLEGIANCE INVOCATION Father Tom Zinkula, Holy Spirit Pastorate SWEARING IN Mayor Pro-Tem Lynn Sutton PROCLAMATIONS Bike to Work Week (May 16-20, 2011) National Train Day (May 7, 2011) Preservation Month (May 2011) CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission 3/22; City Council of 4/18; Historic Preservation Commission of 4/21; Housing Commission of 3/29; Human Rights Commission of 3/10; Long Range Planning Advisory Commission of 4/20 Library Board of Trustees Update from Meeting of March 24, 2011 Proof of Publication of the City Council Proceedings of April 4, 2011 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Keith Bonnet for vehicle damage; Janice A. Leonard-Harrington for personal injury; Carolyn Leute for personal injury 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: Keith Bonnet for vehicle damage; Janice Leonard-Harrington for personal injury; Carolyn Leute for personal injury; Joyce Terris for property damage; Lois Weinschenk for property damage Suggested Disposition: Receive and File; Concur 3. Mediacom Communication from Mediacom Senior Manager of Government Relations Lee Grassley advising the City of Dubuque of changes in programming. Suggested Disposition: Receive and File 4. United States Department of State Communication from Kerri-Ann Jones, Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs responding to the City’s request for a Supplemental Environmental Impact Statement (EIS) for the Keystone XL pipeline. Suggested Disposition: Receive and File 5. Civic Center Commission Communication from Marilynne Field submitting her resignation from the Civic Center Commission. Suggested Disposition: Receive and File; Accept Resignation 6. Substance Abuse Services Center (SASC) Substance Abuse Services Center Executive Director Diane K. Thomas submitting the SASC Third Quarter Report. 2 Suggested Disposition: Receive and File 7. Lead Hazard and Healthy Homes Program City Manager recommending approval of the execution of the amendments to the contracts for the Lead Hazard and Healthy Homes Program awards through the U.S. Department of Housing and Urban Development. Suggested Disposition: Receive and File; Approve 8. Purchase of Property – 1753 Washington Street City Manager recommending purchase of property at 1753 Washington Street for deconstruction and removal. RESOLUTION Approving the Acquisition of real estate located at 1753 Washington Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 9. Carnegie-Stout Public Library Renovation Project City Manager recommending acceptance of the construction contract for the Carnegie- Stout Public Library Renovation Project – Contract No. 3 as completed by Dubuque Glass Company in the final amount of $292,177. RESOLUTION Accepting the Carnegie-Stout Public Library Renovation Project, Contract No. 3 – aluminum entrances, skylights & glazing systems, and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 10. Iowa Department of Transportation (IDOT) City Manager recommending approval of a five-year agreement with the Iowa Department of Transportation (IDOT) for maintenance and repair of primary highways within the City’s corporate limits. Suggested Disposition: Receive and File; Approve 11. Paragon Square Urban Revitalization Area Plan Communication from the Long Range Planning Advisory Commission recommending approval of the proposed Paragon Square Urban Revitalization Area Plan advising that it is consistent with the 2008 Dubuque Comprehensive Plan. Suggested Disposition: Receive and File 3 12. Plat of Survey – Youtzy Subdivision Zoning Advisory Commission recommending approval of the Plat of Survey for the Youtzy Subdivision as requested by Davie Schneider and Ricky Youtzy. RESOLUTION Approving the Plat of Survey of Youtzy Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 13. Request for Proposals – City Hall Cooling Upgrade Design City Manager recommending approval to issue a Request for Proposals for the City Hall Cooling Upgrade Project. Suggested Disposition: Receive and File; Approve 14. Bee Branch Creek Restoration Project – Purchase of 507 Garfield Avenue City Manager recommending purchase of commercial property at 507 Garfield Avenue from IBC Sales Corporation (Continental Baking Co.) at the appraised value of $250,000 for the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate owned by IBC Sales Corporation in the City Of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 15. Bee Branch Creek Restoration Project - Purchase 1502 Maple Street City Manager recommending approval to establish the fair market value of 1502 Maple Street at the appraised value of $73,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project RESOLUTION Establishing the fair market value of certain real property owned by Milton E. Schwartz in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 16. Bee Branch Creek Restoration Project - Purchase of East Dubuque Addition City Manager recommending approval to establish the fair market value of W ½ and E th ½ Lot 351 East Dubuque Addition (NE corner of East 15 and Cedar Streets) at the appraised value of $66,950 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Project RESOLUTION Establishing the fair market value of certain real property owned by Junnie and Rich’s coin in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4 17. Dubuque Regional Airport RISE Grant Agreement City Manager recommending approval of the Revitalize Iowa’s Sound Economy (RISE) grant agreement for the construction of a road west from Highway 61 to access lots in the Dubuque Regional Airport. RESOLUTION Authorizing a Revitalize Iowa’s Sound Economy (RISE) grant agreement acceptance for the construction of a road west from Highway 61 to access lots in the Dubuque Regional Airport Industrial Park Suggested Disposition: Receive and File; Adopt Resolution 18. Fiscal Year 2012 Detailed Operating Budget for the Five Flags Center City Manager recommending approval of the detailed Fiscal Year 2012 operating budget for the Five Flags Center as submitted by SMG. Suggested Disposition: Receive and File; Approve 19. Smart Planning Consortium Update City Manager providing an update on the March 9 and April 6, 2011 Smart Planning Consortium meetings and public participation training for City Council consideration. Suggested Disposition: Receive and File 20. Mathias Ham House City Manager submitting a letter of support regarding a grant application for the Mathias Ham House by the Silos and Smokestacks National Heritage Area. Suggested Disposition: Receive and File 21. Serve America City Manager submitting a press release from Serve America announcing that, “Ten public and private partner organization and seven different National Service Programs celebrated the two year anniversary of the Edward M. Kennedy Serve America Act with a ‘Serve America’ bus tour through Dubuque, Iowa, on April 21, 2011 as one of nine communities selected across the country.” Suggested Disposition: Receive and File 22. Iowa Finance Authority (IFA) City Manager submitting a communication from David Vaske, Tax Credit Manager for the Iowa Finance Authority, notifying the City that a Low-Income Housing Tax Credit application has been submitted for the Rose of Dubuque Project. Suggested Disposition: Receive and File 5 23. Friends of the Mines of Spain City Manager submitting a press release from the Friends of the Mines of Spain announcing receipt of an award for Excellence in Interpretive Support from the National Association for Interpretation Region 5. Suggested Disposition: Receive and File th 24. Purchase of Property at 375 East 9 Street (Alamo Property) City Manager recommending acceptance of a Warranty Deed from Rouse and Dean th Building, LLC for property located at 375 East 9 Street known as the Alamo property. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa, from Rouse and Dean Foundry Building, LLC. Suggested Disposition: Receive and File; Adopt Resolution 25. Encephalitis Monitoring Memorandum of Understanding (MOU) City Manager recommending approval of a Memorandum of Understanding (MOU) with the Iowa Department of Public Health for services related to Encephalitis and West Nile disease monitoring. Suggested Disposition: Receive and File; Approve 26. Special Assessment Communication from John Herrig, 13750 Surrey Lane, requesting that a special assessment for garbage removal at his property at 695 / 697 Caledonia Street be forgiven. Suggested Disposition: Receive and File; Refer to City Attorney 27. Dubuque County Fine Arts Society (DCFAS) Mayor Buol submitting a letter of support for the Dubuque County Fine Arts Society (DCFAS) with respect to its Iowa Community Cultural Grant request. Suggested Disposition: Receive and File 28. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Carolos O’Kelly’s, West Dubuque Tap, Tott’s Tap, Shot Tower Inn, Bar X; Class “B” Wine permit to Oky Doky #2, Oky Doky #1, Beecher Beverage, Walgreen Drug #9708; Class “WBN” Native Wine Permit to Keywest Conoco, Tobacco Outlet; Class “WCN” Native Wine Permit to Stone Cliff Winery, Inc. 6 RESOLUTION Granting the issuance of a Class “B” Beer Permit to Dubuque County Fine Arts, Music N More Promotions; Class “C” Beer Permit to Ron’s Discount Smokes/Beverage; Walgreens #9708, Beecher Beverage, Keywest Conoco, Tobacco Outlet #504, McCann Service, Oky Doky #1, Oky Doky #2 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. US Hwy 61 / 151 Capacity Improvements City Manager recommending initiation of the public bidding process for the US. Hwy 151/16 Capacity Improvements and that a public hearing be set for May 16, 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/16/11 2. Walter Development, LLC and TM Logistics, Inc. City Manager recommending that a public hearing be set for May 16, 2011 on the disposition of approximately 2.616 acres at the Dubuque Industrial Center West for Walter Development, LLC and TM Logistics, Inc. RESOLUTION 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, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a development agreement relating thereto with Walter Development, LLC and TM Logistics, Inc. And providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/16/11 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. Electrical Code Board Three 3-year terms through May 22, 2011 (Expiring terms of Dixon, Hammel, and Mueller) 7 Applicants: James Dixon, 2505 Marquette Place Dan Hammel, 3163 Hillcrest Road, #4 Ronald Mueller, 3780 Sunlight Ridge Human Rights Commission Two 3-year terms through January 1, 2013 (Vacant terms of Apel and Sutton) Applicants: Shayna Boxleiter, 350 Hill Street Kimberly Schroeder, 2577 Greeley Street This Commission is subject to the 2012 State of Iowa Gender Balance Law Safe Community Advisory Committee One 1-year term through December 31, 2011 (Vacant term of Sutton) Applicants: Amanda Elkins, 2257 Chaney Road, #2 Douglas Ropa, 1190 University Avenue 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. Greater Downtown Urban Renewal District Expansion Proof of publication on notice of public hearing to consider expansion of the Greater Downtown Urban Renewal District. Communication from the Long Range Planning Advisory Commission recommending approval of the proposed Greater Dubuque Urban Renewal District Expansion advising that it is consistent with the 2008 Dubuque Comprehensive Plan. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Suggested Disposition: Receive and File; Adopt Resolution 2. Proceedings for Reallocation of General Obligation Bonds Series 2009A and Series 2010A Proof of publication on notice of public hearing to consider the reallocation of $121,000 in unspent proceeds of the General Obligation Bonds Series 2009A and Series 2010A and the City Manager recommending approval. 8 RESOLUTION Instituting Proceedings to Take Additional Action and approving the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2009A (Taxable Build America Bonds), and General Obligation Bonds, Series 2010A of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3. 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project Proof of publication on notice of public hearing to consider approval of plans and specifications, form of contract and the estimated cost for the 2011 Sewer Cured-in- Place (CIPP) Lining Project RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 2011 Sewer Cured in Place Pipe (CIPP) Lining Project. Suggested Disposition: Receive and File; Adopt Resolution 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. Settlement Agreement City Attorney submitting a Settlement Agreement and General Release for Jeanne Schneider Suggested Disposition: Receive and File; Approve 2. City Clerk Recruitment Process City Manager requesting direction on the City Clerk recruitment process. Suggested Disposition: Receive and File; Council 3. Long Range Planning Advisory Commission City Attorney submitting a draft amendment to the Long Range Planning Advisory Commission ordinance eliminating the appointment of a member of the City Council to the Commission. Communication from Council Member Karla Braig ORDINANCE Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission, Section 15-2-1 9 Providing for the Composition of the Long Range Planning Advisory Commission by Eliminating a Member of the City Council on the Commission Suggested Disposition: Receive and File; Motion B, Motion A 4. Purchase of Property – 1104 Riverview Drive City Manager recommending purchase of property at 1104 Riverview Drive for deconstruction and redevelopment. Suggested Disposition: Receive and File; Approve 5. Kaufmann Avenue Utilities Project Award of Contract City Manager recommending award of the contract for the Kaufmann Avenue Utilities Project to McDermott Excavating in the amount of $227,693.10. RESOLUTION Awarding public improvement contract for the Kaufmann Avenue Utility Project Suggested Disposition: Receive and File; Adopt Resolution 6. Tenth and Central Parking Ramp Message Center City Manager recommending approval of the design and placement of a message center adjacent to the parking ramp at 975 Central Avenue. Communication from the Historic Preservation Commission Suggested Disposition: Receive and File; Approve 7. Operating Protocol for Unreserved Parking Ramps City Manager recommending changing the operation of the Iowa Street Ramp from a person leasing an individually identified parking space to a person leasing a space that the location on a given day would be on a first-come first-serve basis. Suggested Disposition: Receive and File; Approve 8. Dubuque Levee and Floodwall System Certification City Manager recommending approval of a resolution adopting the updated Operations and Maintenance Manual, the updated Emergency Flood control Plan, and authorization to submit the documentation for certification of the Dubuque Local Flood Protection Project Levee to the Federal Emergency Management Agency (FEMA) RESOLUTION adoptingoperations and maintenance manual, emergency flood control plan, and interim risk reduction plan for the Dubuque Local Flood Protection Project Levee 10 Suggested Disposition: Receive and File; Adopt Resolution 9. City Council Appointments Appointments to fill vacancies on City Council boards and committees Suggested Disposition: Receive and File; Council Appointments 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 Kevin S. Firnstahl Acting City Clerk April 28, 2011 11