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Proof of Publication_City Council Proceedings 4 18 11CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 18, 2011 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, 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 provided by Sr. Jenn- ifer Rausch, Sisters of the Presentation. PROCLAMATIONS The Month/Week of the Young Child (April 10 - 16, 2011) was accepted by Joanne Wurtz, Chairperson of the Dubuque County Empowerment Board, 2728 Asbury Road; and Ann Willenbring, Direc- tor of the Resurrection Child Care Center, 4300 Asbury Road; Com- munity Development Block Grant Week (April 25 - 30, 2011) PRESENTATION Main Street Iowa Awards were pre- sented by Dubuque Main Street Executive Director Dan LoBianco. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Connors requested ( #1) Minutes and Reports be held for separate discussion. Jones requested ( #3) Citizen Communica- tions be held for separate discussion. Braig requested ( #15) Amendment to Col- lective Bargaining Agreement - Bus Operators be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 3y�r. city Council of carried 7 -0. 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 Rebec- ca Carr; Joyce M. Terris for property damage; Lois Weinschenk for property damage. Upon motion the docu- ments were received, filed, and referred to the 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. Upon motion the documents were received, filed and concurred. Citizen Communica- tions: Communication from Rachel K. Daack, — 800 Laurel Street, in opposition to the proposed extension of sewer lines on Laurel Street. Communication from Paula Kaufman regard- ing the pollution problem in Dubuque. Communication from Gary R. Kircher, 312 East 22nd Street, regarding the Vet- erans' 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. Motion by Jones to receive and file the documents and refer to the City Manager. Seconded by Braig. Jones spoke in support of the communication from Gary Kircher regarding additional directional and memor- ial signage for the Veterans' Memorial Pla- za. Motion carried 7 -0. Public Transit Infra- structure Grant (PTIG) Program: City Manager recommending ap- proval of the submittal of a grant application under the Public Transit Infrastructure ____. fn., Drnnra 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 27, 2011, and for which the charge is $376.54. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of c' /` , 20 // MARY K. WESTERMEI Commission Number 154 e County, Iowa. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 18, 2011 in the Historic Federal Build- ing, 350 W. 6th Street. 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NKtary Public in and for Dubu MARY K. WESTERMEY• Commission Number 184: County, Iowa. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 18, 2011 irr the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, 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 provided by Sr. Jenn- ifer Rausch, Sisters of the Presentation. PROCLAMATIONS The Month/Week of the Young Child (April 10 - 16, 2011) was accepted by Joanne Wurtz, Chairperson of the Dubuque County Empowerment Board, 2728 Asbury Road; and Ann Willenbring, Direc- tor of the Resurrection Child Care Center, 4300 Asbury Road; Com- munity Development Block Grant Week (April 25 - 30, 2011) PRESENTATION Main Street Iowa Awards were pre- sented by Dubuque Main Street Executive Director Dan LoBianco. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Connors requested (#1) Minutes and Reports be held for separate discussion. Jones requested (#3) Citizen Communica- tions be held for separate discussion. Braig requested (#15) Amendment to Col- lective Bargaining Agreement - Bus Operators be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 2/22; City Council of 4/4; Electrical Code Board of 3/21; Environ- mental Stewardship Advisory Commission of 4/5; Park and Recreation Commis- sion of 3/8; Sister City Relationships Advisory Commission of 4/6; acquisition of real estate owned by Glenn Casey in the City of Dubuque was adopted. US 61/151 Corridor Project - Iowa DOT Agreement: City Man- ager recommending approval of an Iowa Department of Trans- portation 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. Upon motion the documents were received and filed and Resolution No. 127-11 Approving the Iowa Department of Trans- portation Agreement for an Urban -State Traffic Engineering Program (U-Step) Pro- ject (Agreement No. 06- 11-Ustep-03) between the Iowa Department of Transportation and the City of Dubuque for the US 61/151 Corridor Project was adopted. PTC LLC - 1800 Elm Street: City Manager recommending appro- val of Irrevocable Licenses for PTC LLC to keep and maintain the existing encroach- ments 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. Upon motion the documents were Zoning Advisory Com- mission of 4/6 Proof of publication of City Council Proceed- ings of March 21, 2011 Motion by Connors to receive and file the documents. Seconded. by Jones. Connors addressed the minutes from the Environ- mental Stewardship Advisory Commission relating to a car washing policy and asked for a written response from staff about alternatives for organizations in terms of location and products used for these types of events. Van Milligen stated he will have staff research it and return a report to Council. Motion carried 7-0. 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 Rebec- ca Carr; Joyce M. Terris for property damage; Lois Weinschenk for property damage. Upon motion the docu- ments were received, filed, and referred to the 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. Upon motion the documents were received, filed and concurred. Citizen Communica- tions: Communication from Rachel K. Daack, 800 Laurel Street, in opposition to the proposed extension of sewer lines on Laurel Street. Communication from Paula Kaufman regard- ing the pollution problem in Dubuque. Communication from Gary R. Kircher, 312 East 22nd Street, regarding the Vet- erans' 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. Motion by Jones to receive and file the documents and refer to the City: Manager. Seconded by Braig. Jones spoke in support of the communication from Gary Kircher regarding additional directional and memor- ial signage for the Veterans' Memorial Pla- za. Motion carried 7-0. Public Transit Infra- structure Grant (PTIG) Program: City Manager recommending ap- proval of the submittal of a grant application under the Public Transit Infrastructure grant (PTIG) Program to secure State funding for facility improve- ments at The Jule. Upon motion the documents were received, filed, and approved. matching funds, which are included in the Development Agree- ment that is a separate agenda item. Upon motion the documents were received and filed and Resolution No. 130- 11 Authorizing the filing of an application for State Financial Assistance on behalf of Flexsteel Industries, Inc., was adopted. Golden Silo Award: Press release advising that the Mines of Spain has received a Golden Silo Award for Out- standing Partner from the Silos and Smoke Stacks National Heri- tage Area for showing support and partnering with SSNHA on numerous occasions to create awareness for the Heritage Area. Upon motion the document was received and filed. Amendment to Collective Bargaining Agreement - Team- sters Local No. 120: City Manager recom- mending approval of an amendment to the Collective Bargaining Agreement between the Teamsters Local No. 120 and the City of Dubuque to provide for a work week that consists of ten hours per day and four days per week for the Airport Maintenance - workers and Airport Mechanic. Upon mo- tion the documents were received, filed, and approved. Amendment to Collective Bargaining Collective Bargaining Agreement between the Teamsters Local No. 120 (Bus Opera- tors) and the City to permit part-time employees to work 1,664 or more hours in fiscal Year 2011. Motion by Braig to receive and file the documents and ap- prove the recommenda- tion. Seconded by Resnick. Braig ques- tioned why part-time bus operator hours will increase to just 416 hours less than full- time operators. Van Milligen stated that the increase in hours is an annual cap and only for this fiscal year. Motion carried 7-0. Fifth Street Parking Ramp Re -Lighting: City Manager transmitting information regarding the retro fitting of the lighting in the Fifth Street Parking Ramp. Upon motion the documents were received and filed. 2011 - 2012 Deer Management Plan: City Manager recommend- ing approval of the 2011 - 2012 Deer Management Plan. Upon motion the documents were received, filed, and approved. Julien's Journal: Copy of March 2011 article in Julien's Journal fea- turing Assistant City Manager Cindy Stein- hauser. Upon motion the document was received and filed. Metropolitan Coalition Grant Application: City Manager recommend- ing 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 Coali- tion, the largest cities in the State of Iowa. Upon motion the docu- ments were received, filed, and approved. Purchase of Property - 2263 Elm Street: City Manager recommend- ing approval of the purchase of property at 2263 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 131-11 Approving the acqui- sition of real estate owned by Robert D. and Livija Klauer in the City of Dubuque was adopted. Historic Preservation Commission: Communi- cation from Peggy Stover submitting her resignation from the Historic Preservation Commission. Upon motion the document was received and filed and the resignation accepted. Human Rights Com- mission: Communica- tion from Lori Apel submitting her resig- nation from the Human Rights Commission. Upon motion the docu- ment was received and filed and the resignation accepted. LLP to provide audit services for the City of Dubuque for a five- year period. Upon motion the documents were received, filed, and approved. Alcohol Compliance - Civil Penalty for Alcohol License Holder: City Manager recom- mending acceptance of the Acknowledgement/ Settlement Agreement for Cookin' Something Up for their first offense alcohol com- pliance violation. Upon motion the documents were received, filed, and approved. Signed Contracts: Water Pollution Control Plant Modifications Project - MWH Amer- ica's, Inc., Budget Increase Request. Upon motion the documents were received and filed. Liquor License and Cigarette Permit Appli- cations: City Manager recommending ap- proval of annual liquor license and cigarette permit renewals as submitted. Upon motion the documents were received and filed and Resolution No. 132- 11 Granting the issuance of a new cigarette permit to Let's Roll Tobacco I.A.; Resolution No. 133-11 Granting the issuance of a Class "B" Beer Permit to Catfish Festival and McAleece Park/Recreation Com- plex; and Resolution No. 134-11 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 Monk's Kaffee Pub; and a Class "WBN" Native Wine License to Dubuque Arboretum Association were adopted. Mayor Buol acknow- ledged the Interna- tional City Manager's Association Fellows in attendance, Mr. Ou Jianping and Mr. Guo Jiankui, who were visiting from China. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 7-0. Proceedings for Real- location of General Obligation Bonds Series 2009A and Series 2010A: City Manager recommend- ing that a public hearing be set for May 2, 2011 to consider the reallocation of General Obligation Bonds Series 2009A and Series 2010A. Upon motion the documents were received and filed and Resolution No. 135- 11 Fixing date for a meeting on the proposal to reallocate certain unspent pro- ceeds of the General Obligation Bonds, STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowz corporation, publisher of the Telegraph Herald,a newspaper of general circulat published in the City of Dubuque, County of Dubuque and State of Iowa; here] certify that the attached notice was published in said newspaper on the followi: Q,21K GA for publication of public hearings. Motion Braig and Resnick of Intent to the notice thereof was carried 7-0. voting nay. Develop- Wellmark Foundation adopted setting a Motion by Jones for ment partner, Rick requesting $25,000 in public hearing for a final consideration and Ehrlich, 10662 Diesel funding of healthy meeting, to commence passage of Ordinance Drive, stated that local foods projects. at 6:30 p.m. on May 2, No. 30-11 Amending houses are sold Motion by Connors to 2011 in the Historic Title 16 of the City of contingent to approval receive and file the Federal Building. Dubuque Code of Ordi- and that Graceland, documents and ap- 2011 Sewer Cured -in- nances, Unified Devel- LLC can help maintain prove the recommen- Place Pipe (CIPP) opment Code, by re- the current condition dation. Seconded by Lining Project: City classifying hereinafter of the street by Braig. Motion carried 7-0. Manager recommend- described property . controlling their truck Letter of Support for ing initiation of the located at 2505 Elm traffic during develop- Green Dubuque EPA bidding process for the Street from R-2A ment. Motion carried 5- Environmental Justice 2011 Sewer Cured -in- Alternate Two -Family 2 with Braig and Small Grant Applica- Place Pipe (CIPP) Residential District to Resnick voting nay. tion: City Manager Lining Project and ; OR Office Residential Smart Growth Devel- recommending ap- further recommends District. Seconded by opment: City Manager proval of a Letter of that a public hearing Braig. Motion carried 7-0. recommending appro- Support for Green be set for May 2, 2011. Expansion of Flexsteel val to commit $2,000 Dubuque's application Upon motion the Industries, Inc., in the for the efforts of Smart to the EPA Environ- documents were Port of Dubuque: Proof Growth Development mental Justice Small received and filed and of publication on as they work toward Grant program. Motion Resolution No. 136-11 notice of public hear- improving the Historic by Braig to receive and Preliminary approval of ing to consider Tax programs that file the documents and plans, specifications, disposing of approx- fund many rehabili- approve the recom- form of contract, and imately 27,137 square tation projects in the mendation. Seconded estimated cost; setting feet of property in the City of Dubuque. Mo- by Connors. Respond - date of public hearing Port of Dubuque to tion by Jones to receive ing to questions from on plans, specifica- Flexsteel Industries, and file the documents City Council, Van tions, form of contract, Inc., for the purpose of and approve the recom- Milligen stated that and estimated cost; constructing a 40,000 mendation. Seconded since this is a private and ordering the square foot multi -story by Resnick. Motion group it would need to advertisement for bids office building and a carried 7-0. request a work session for the 2011 Sewer Development Agree- Amendment to Joint with the City Council. Cured -in -Place Pipe ment relating thereto Development Agree- Sustainability Coor- (CIPP) Lining Project and City Manager ment with IBM: City dinator Cori Burbach was adopted setting a recommending approv- Manager recom- stated that Green public hearing for a al. Motion by Connors mending approval of Dubuque is open to meeting to commence to receive and file the an amended IBM Joint having a work session at 6:30 p.m. on May 2, information and adopt Development Agree- with the City Council. 2011 in the Historic Resolution No. 139-11 ment on Smarter Motion carried 7-0. Federal Building. Approving a Devel- Water to extend and EPA Climate Show - Engine House #1 LLC - opment Agreement expand the community case Communities Development Agree- providing for the sale access to Smarter Grant: City Manager ment: City Manager of approximately Water information and advising that the City recommending that a 27,137 sq. ft. and a tools. This item was of Dubuque has been public hearing be set permanent easement removed from the awarded an EPA Cli- for June 6, 2011 to of 1,003 sq. ft. in the agenda. mate Showcase Com- consider a develop- Port of Dubuque to Sustainable Dubuque munities grant in the ment agreement- Flexsteel - Industries, Watershed ...Network: amount of $473,136. between the City of Inc. Seconded by Braig. City Manager recom- Motion by Braig to Dubuque and Engine Greater - Dubuque mending approval of a receive and file the House #1, LLC., a Development Corpora- proposed research documents and ap- subsidiary of Dubuque tion Vice President for project to be under- prove the recommen- Initiatives, to sell and Existing Businesses taken in partnership dation. Seconded by rehabilitate the Engine Dan McDonald spoke in with the University of Jones. Motion carried 7-0. House #1 building support of the project. Iowa to develop the CLOSED SESSION (18th Street), which Responding to Sustainable Dubuque Motion by Jones at formerly housed the questions from City Watershed. Network. 9:34 p.m. to enter into Housing Department Council, Flexsteel CEO Motion by Connors to closed session regard - offices. Upon motion Ron Klosterman stated receive and file the ing pending litigation, the documents were that the company did documents and ap- property acquisition, received and filed and look at various provethe recommenda- and professional com- Resolution No. 137-11 locations. Resnick tion. Responding to petency pursuant to (1) Approving the referenced the Port of questions from City Chapter 21.5(1)(c)(j)(i) minimum require- Dubuque Master Plan Council, Water Pollu- Code of Iowa. ments, competitive and expressed concern tion Control Plant Seconded by Resnick. criteria, and offering about the Port of Manager Jonathon Motion carried 7-0. procedures for the Dubuque becoming an Brown and Resource. Upon motion at 10:41 development of certain office park with limited Management Coordin- p.m. the City Council real property and public space. Van ator Paul Schultz reconvened in open improvements in the Milligen provided stated that research session stating that proposed expansion details about the would be coordinated staff had been given area of the Greater acquisition grant used by a high level team proper direction. Downtown Urban for the project, job from the University of There being no Renewal District; (2) creation, term of the Iowa that includes further business, upon Determining that the agreement, and the graduate students and motion the City Council Development Agree- POD Master plan as professors of a two- adjourned at 10:42 p.m. ment submitted by compared to the year program and that Jeanne F. Schneider, Engine House #1, LLC Planned Unit Devel- they are confident it is CMC, City Clerk satisfies the offering opment ordinance a quality program. It 4/27 requirements with relative to this area. Seconded by Braig. respect to the real Motion carried 6-1 with Motion carried 7-0. property and improve- Resnick voting nay. Police Department - ments and declaring Fiscal Year 2011 Third Tenant Background the intent of the City Budget Amendment: Check Service Pro - Council to approve the Proof of publication on vider: City Manager Development Agree- notice of public recommending approv- ment with Engine hearing to consider al of the selection of House #1, LLC in the adoption of the Fiscal Rental Services, Inc., of event that no Year 2011 Third Budget Arvada, Colorado, to competing proposals Amendment and City provide criminal are submitted; and (3) Manager recommend- history background Soliciting competing ing approval. Motion checks as part of the proposals was adopted by Jones to receive and City of Dubuque setting a public file the documents and service to local hearing for a meeting adopt Resolution No. landlords. Motion by to commence at 6:30 140-11 Adopting the Jones to receive and p.m. on June 6, 2011 in Fiscal Year 2011 Third file the documents and the Historic Federal Budget Amendment. approve the recom- Building. Seconded by Connors. mendation. Seconded Paragon Square Motion carried 7-0. by Connors. Respond - Urban Revitalization Kaufmann Avenue ing to questions from Plan: City Manager Utility Project (John F. City Council, Assistant recommending that a Kennedy Road to Police Chief Terry public hearing be set Chaney Road): Proof of Tobin stated that the for June 6, 2011 to publication on notice contract • prices are consider establishment of public hearing to guaranteed for one of the Paragon Square consider the plans. year with thirty-dav ;ounty, Iowa, ie County, IoNw CITY OF DUBUQUE, S IOWA CITY COUNCIL T PROCEEDINGS p The Dubuque City R Council met in regular f session at 6:30 p.m. on 5 April 18, 2011 in the Historic Federal Build- c ing, 350 W. 6th Street. fo Present: Mayor Buol, L Council Members p Kraig, Connors, Jones, U Lynch, Resnick, Sutton, m City Manager Van fii Milligen, City Attorney th Lindahl C Mayor Buol read the th call and stated this is a cl regular session of the re City Council to act En upon such business l0 that may properly to come before the City As Council. Ch Pledge of Allegiance da invocation was Za provided by Sr. Jenn- da ifer Rausch, Sisters of for the Presentation. Up PROCLAMATIONS do The Month/Week of rec the Young Child (April con 10 - 16, 2011) was accepted by Joanne tion Wurtz, Chairperson of fro the Dubuque County 800 Empowerment Board, opp 2728 Asbury Road; and pro Ann Wiflenbring, Direc- sew tor of the Resurrection Stre Child Care Center, 4300 C Asbury Road; Com- Pau munity Development ing Block Grant Week prob (April 25 - 30, 2011) Co PRESENTATION Gary Main Street lows East Awards were pre- rega sented by Dubuque eran Main Street Executive on Director Dan LoBianco. lslan CONSENT ITEMS Co Motion by Jones to Stev receive and file the Bies documents, adopt the wate resolutions, and and dispose of as indicated. Bies Seconded by Resnick. Mo Connors requested recei (#1) Minutes and docu Reports be held for the separate discussion. Secon Jones requested (#3) Jones Citizen Communica- of th tions be held for from separate discussion. regar Braig requested (#15) direct Amendment to Col- ial s iective Bargaining Veter Agreement - Bus za. Mo Operators be held for Pub separate discussion. Struct Motion carried 7-0. Progra Minutes and Reports recom Submitted: Arts and proval Cultural Affairs Advi- of a g sory Commission of under 2/22; City Council of Transit 4/4; Electrical Code grant Board of 3/21; Environ- to secu mental Stewardship for fa Advisory Commission ments of 4/5; Park and Upon Recreation Commis- docum sion of 3/8; Sister City receive Relationships Advisory approv Commission of 4/6; acquisition of real matching estate owned by Glenn are inc Casey in the City of Develop Dubuque was adopted. ment tha US 61/151 Corridor agenda Project - Iowa DOT motion t Agreement: City Man- were rec ager recommending and Reso approval of an Iowa 11 Aut Department of Trans- filing of portation Agreement for Sta for Urban -State Traffic Assistanc Engineering Program Flexsteel (U-STEP) as it relates Inc., was to the US 61/151 Golden Corridor Project and Press rel the installation of that the traffic signals and has recei pavement widening at Silo Awa the intersections of standing Maquoketa Drive, Twin the Silos Valley Drive and U5 52. Stacks N Upon motion the tage Area documents were support a received and filed and with 5 Resolution No. 127-1I numerous Approving the Iowa create aw Department of Trans- the Heri portation Agreement Upon m for an Urban -State document Traffic Engineering received a Program (U-Step) Pro- Ame ject (Agreement No. 06- Collective 11-Ustep-03) between Agreement the Iowa Department sters Loc of Transportation and City Mana the City of Dubuque for mending the U5 61/151 Corridor an amend Project was adopted. Collective PTC LLC - 1800 Elm Agreement Street City Manager the Teams recommending appro- No. 120 and val of Irrevocable Dubuque to Licenses for PTC LLC to a work keep and maintain the consists of existing encroach- per day an ments of the loading per week dock, gas meter and Airport M protective pillars in the workers a public right-of-way of Mechanic. Pine Street behind the tion the Eagle Country Market were recei on 1800 Elm Street. and approve Upon motion the Amend documents were Collective received, filed, and Agreement Zoning Advisory Com- mission of 4/6 Proof of publication of City Council Proceed- ings of March 21, 2011 Motion by Connors to receive and file the documents. Seconded. by Jones. Connors addressed the minutes from the Environ- mental Stewardship Advisory Commission relating to a car washing policy and asked for a written response from staff about alternatives for organizations in terms of location and products used for these types of events. Van Milligen stated he will have staff research it and return a report to Council. Motion carried 7-0. Notice o uits: Willia roperty d homas Z roperty andy and T or property tate Farm for William a a Carr; Joyc r property ois Weinsc roperty pon motion ents were ed, and re ments and r City Ma ded by spoke in su e communi Gary K ding addi ional and m ignage for ans' Memori tion carried ric Transit ure Grant ( m: City Ma mending of the sub rant applic the P I nfrastru (PTIG) Pro re State fun cility imp at The motion ents d, flied, ed. •, IV funds, wh uded in meat Agr t is a separ item. Up he docume eived and fil lotion No. 1 horizing t an applicati to Financ e on behalf Industri adopted. Silo Awar ease advisi Mines of Spa ved a Gold rd for Ott Partner fro and Smok ational Her for showin nd partnerin SNHA o occasions t areness fo tage Area ation th wa nd filed. ndment t Bargaining - Team al No. 120 ger recom approval of ment to the Bargaining between ters Local the City of provide for week that ten hours d four days for the aintenance- nd Airport Upon mo- documents ved, filed, d. merit to Bargaining - Bus apprbved. nnoro+ ram. nr•.. .._ f Claims/ m Peck for amage; J. aber for damage; Ina Miller damage; Insurance nd Rebec- e M. Terris damage; henk for damage. the docu- received, ferred to e City Attorney. ity Attorney advising at the following aims have been ferred to Public tity Risk Services of wa, the agent for the wa Communities surance Pool: Rachel avez for vehicle mage; J. Thomas ber for property mage; William Peck property damage. on motion the cuments were eived, filed and curred. Citizen Com s: Commu m Rachel K. Laurel St ositlon t posed exten er lines on et. ommunicatio la Kaufman the p rem in Dubu mmunicatio R. Kirche 22nd rding the s' Memoria Chaplain 5 d. mmunicatio en A. Krieg Drive, regar r main ex water run Drive. tion by Jo ve and fil e€er to R nager. M Braig. munica- nication Collective Bargaining Daack, Agreement between reet, in the Teamsters Local o the No. 120 (Bus Opera- sion of tors) and the City to Laurel permit part-time employees to work n from 1,664 or more hours in regard- fiscal Year 2011. ollutlon Motion by Braig to que. receive and file the n from documents and ap- r, 312 prove the recom menda- Street, tion. Seconded by Vet -Resnick. Braig ques- I Plaza tioned why part-time chmitt . bus operator hours will increase to just 416 n from hours less than full- , 1576 time operators. Van ding a Milligen stated that the tension increase in hours is an off on annual cap and only for this fiscal year. Motion nes to carried 7-0. e the Fifth Street Parking formation LLP to provide audit services for the City of Dubuque for a five- year period. Upon motion the documents were received, filed, and approved. Alcohol Compliance - Civil Penalty for Alcohol License Holder: City Manager recom- L mending acceptance of the Acknowledgement/ i Copy STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION ng ,1 esln )Pull ❑ - aldhl❑ aleIS LG$ - algnoa 0 SZ$ - a16u'S 0 Pie? t rt on Is/ 'or J. or sdlysaelogas / spJeMv 1 SJouOH er e; :e senee.PV e- -ss A117 e; it eu. eN sawaisne a6essan / sueld aanlnd suelpienD/swaied U Kenpeig }o eweN 1 1 OZ$ feuop.ipp - aidl.11 Lti$ - aj GnOG� Federal Emergency Management Agency (FEMA): Communica- tion from Richard Leonard, FEMA, advising that the City's PAL designation will expire on May 17,2011 and that all necessary documentation re- quired 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. Upon motion the document was received, filed and referred to the City Manager. U.S. Department of Housing and Urban Development: Com- munication from Betty J. Bottiger, Office of Fair Housing and Equal Opportunity, advising that the U.S. Depart- ment of Housing and Urban Development (HUD) plans to conduct a limited civil rights compliance review of the City's HUD funded programs. Upon mo- tion the document was received, filed and referred to the City Manager. Purchase of Property - 2109 Kniest Street: City Manager recommend- ing approval of the purchase of property at 2109 Kniest Street as part of the acquisition program for the Bee Branch Creek Restor- ation Project. Upon motion the documents were received and filed and Resolution No. 126- 11 Approving the acquisition of real estate owned by Glenn Casey in the City of Dubuque was adopted. US 61/151 Corridor Project - Iowa DOT Agreement: City Man- ager recommending approval of an Iowa Department of Trans- portation 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. Upon motion the documents were received and filed and Resolution No. 127-11 Approving the Iowa Department of Trans- portation Agreement for an Urban -State Traffic Engineering Program (U-Step) Pro- ject (Agreement No. 06- 11-Ustep-03) between the Iowa Department of Transportation and the City of Dubuque for the US 61/151 Corridor Project was adopted. PTC LLC - 1800 Elm Street: City Manager recommending appro- val of Irrevocable Licenses for PTC LLC to keep and maintain the existing encroach- ments 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. Upon motion the documents were received, filed, and approved. • Carnegie -Stout Public Library Renovation Pro- ject - Contract No. 12: City Manager recom- mending accep-tance of the Carnegie -Stout Public Library Renova- tion Project - Contract No. 12 as completed by Westphal & Co., Inc., in the amount of $1,142,863.37. Upon motion the documents were received and fled and Resolution No. 128- 11 Accepting the Carnegie -Stout Public Library Renovation Pro- ject - Contract No. 12 and authorizing pay- ment of the contract amount to the con- tractor was adopted. Environmental Cove- nant - Former Dubuque Hardwoods Site: City Manager recommend- ing approval of an Environmental Cove- nant on Lot 2 Riverwalk Ninth Addition (former Dubuque Hardwoods site) in the Port of Dubuque to prohibit drinking water wells on the property. Upon motion the documents were received and filed and Resolution No. 129- 11 Approving an Environmental Cove- nant on Lot 2 of Riverwalk Ninth Addi- tion in the Port of Dubuque was adopted. State of Iowa Financial Assistance Application for Flex - steel Industries, Inc.: City Manager recom- mending approval of a Financial Assistance application to the Iowa Department of Econo- mic Development on behalf of Flexsteel Industries, inc., with a commitment of local matching funds, which are included in the Development Agree- ment that is a separate agenda item. Upon motion the documents were received and filed and Resolution No. 130- 11 Authorizing the filing of an application for State Financial Assistance on behalf of Flexsteel Industries, Inc., was adopted. Golden Silo Award: Press release advising that the Mines of Spain has received a Golden Silo Award for Out- standing Partner from the Silos and Smoke Stacks National Heri- tage Area for showing support and partnering with SSNHA on numerous occasions to create awareness for the Heritage Area. Upon motion the document was received and flied. Amendment to Collective Bargaining Agreement - Team- sters Local No. 120: City Manager recom- mending approval of an amendment to the Collective Bargaining Agreement between the Teamsters Local No. 120 and the City of Dubuque to provide for a work week that consists of ten hours per day and four days per week for the Airport Maintenance - workers and Airport Mechanic. Upon mo- tion the documents were received, filed, and approved. Amendment to Collective Bargaining Agreement - Bus operators: City Man- ager recommending approval of an amendment to the Collective Bargaining Agreement between the Teamsters Local No. 120 (Bus Opera- tors) and the City to permit part-time employees to work 1,664 or more hours in fiscal Year 2011. Motion by Braig to receive and file the documents and ap- provethe recommenda- tion. Seconded by Resnick. Braig ques- tioned why part-time bus operator hours will increase to just 416 hours less than full- time operators. Van Mllligen stated that the increase in hours is an annual cap and only for this fiscal year. Motion carried 7-0. Fifth Street Parking Ramp Re -Lighting: City Manager transmitting information regarding the retro fitting of the lighting in the Fifth Street Parking Ramp. Upon motion the documents were received and filed. 2011 - 2012 Deer Management Plan: City Manager recommend- ing approval of the 2011 - 2012 Deer Management Plan. Upon motion the documents were received, filed, and approved. Julien's Journal: Copy of March 2011 article in Julien's Journal fea- turing Assistant City Manager Cindy Stein- hauser. Upon motion the document was received and filed. Metropolitan Coalition Grant Application: City Manager recommend- ing 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 Coali- tion, the largest cities in the State of Iowa. Upon motion the docu- ments were received, filed, and approved. Purchase of Property - 2263 Elm Street: City Manager recommend- ing approval of the purchase of property at 2263 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 131-11 Approving the acqui- sition of real estate owned by Robert D. and Livija Kiauer in the City of Dubuque was adopted. Historic Preservation Commission: Communi- cation from Peggy Stover submitting her resignation from the Historic Preservation Commission. Upon motion the document was received and filed and the resignation accepted. Human Rights Com- mission: Communica- tion from Lori Apel submitting her resig- nation from the Human Rights Commission. Upon motion the docu- ment was received and filed and the resignation accepted. Audit Services Recom- mendation: City Man- ager recommending approval of the selection of Eide Bailfy, LLP to provide audit services for the City of Dubuque for a five- year period. Upon motion the documents were received, filed, and approved. Alcohol Compliance - Civil Penalty for Alcohol License Holder: City Manager recom- mending acceptance of the Acknowledgement/ Settlement Agreement for Cookin' Something Up for their first offense alcohol com- pliance violation. Upon motion the documents were received, filed, and approved. Signed Contracts: Water Pollution Control Plant Modifications Project - MWH Amer- Ica's, Inc., Budget Increase Request. Upon motion the documents were received and filed. Liquor License and Cigarette Permit Appli- cations: City Manager recommending ap- proval of annual liquor license and cigarette permit renewals as submitted. Upon motion the documents were received and filed and Resolution No. 132- 11 Granting the issuance of a new cigarette permit to Let's Roll Tobacco I.A.; Resolution No. 133-11 Granting the issuance of a Class "B" Beer Permit to Catfish Festival and McAleece Park/Recreation Com- plex; and Resolution No. 134-11 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 Monk's Kaffee Pub; and a Class "WBN" Native Wine License to Dubuque Arboretum Association were adopted. Mayor Buol acknow- ledged the Interna- tional City Manager's Association Fellows in attendance, Mr. Ou Jianping and Mr. Guo Jiankui, who were visiting from China. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 7-0. Proceedings for Real- location of General Obligation Bonds Series 2009A and Series 2010A: City Manager recommend- ing that a public hearing be set for May 2, 2011 to consider the reallocation of General Obligation Bonds Series 2009A and Series 2010A. Upon motion the documents were received and filed and Resolution No. 135- 11 Fixing date for a meeting on the proposal to reallocate certain unspent pro- ceeds of the General Obligation Bonds, Series 2009A (Taxable BUi1d America Bonds), and General Obligation Bonds, Series 2010A Bonds, and providing for publication of notice thereof was adopted setting a public hearing for a meeting. to commence at 6:30 p.m. on May 2, 2011 in the Historic Federal Building. 2011 Sewer Cured -in - Place Pipe (C1PP) Lining Project: City Manager recommend- ing 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. Upon motion the documents were received and filed and Resolution No. 136-11 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the advertisement for bids for the 2011 Sewer Cured -In -Place Pipe (CIPP) Lining Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2011 in the Historic Federal Building. Engine House #1 LLC - Development Agree- ment: City Manager recommending that a public hearing be set for June 6, 2011 to consider a develop- ment 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. Upon motion the documents were received and filed and Resolution No. 137-11 (1) Approving the minimum require- ments, 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 Agree- ment submitted by Engine House #1, LLC satisfies the offering requirements with respect to the real property and improve- ments and declaring the intent of the City Council to approve the Development Agree- ment with Engine House #1, LLC in the event that no competing proposals are submitted; and (3) Soliciting competing proposals was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2011 in the Historic Federal Building. 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. Upon motion the documents were received and fired and Resolution No. 138-11 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Appointments to the following Boards/Com- 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 Braig and Resnick of Intent to the voting nay. Develop- Wellmark Foundation ment partner, Rick requesting $25,000 in Ehrlich, 10662 Diesel funding of healthy Drive, stated that focal foods projects. houses are sold Motion by Connors to contingent to approval receive and file the and that Graceland, documents and ap- LLC can help maintain prove the recommen- the current condition dation. Seconded by of the street by Braig. Motion carried 7-0. controlling their truck Letter of Support for traffic during develop- Green Dubuque EPA ment. Motion carried 5- Environmental Justice 2 with Braig and Small Grant Applica- Resnick voting nay. tion: City Manager Smart Growth Devel- recommending ap- opment: City Manager proval of a Letter of recommending appro- Support for Green val to commit $2,000 Dubuque's application for the efforts of Smart to the EPA Envlron- Growth Development mental Justice Small as they work toward Grant program. Motion improving the Historic by Braig to receive and Tax programs that file the documents and fund many rehabili- approve the recom- tation projects in the mendation. Seconded City of Dubuque. Mo- by Connors. Respond- tion by Jones to receive ing to questions from and file the documents City Council, Van and approve the recom- Milligen stated that mendation. Seconded since this is a private by Resnick. Motion group It would need to carried 7-0. request a work session Amendment to Joint with the City Council. Development Agree- Sustainability Coor- ment with IBM: City dinator Cori Burbach Manager recom- stated that Green mending approval of Dubuque is open to an amended IBM Joint having a work session Development Agree- with the City Council. ment on Smarter Motion carried 7-0. Water to extend and EPA Climate Show - expand the community case Communities access to Smarter Grant: City Manager Water information and advising that the City tools. This item was of Dubuque has been removed from the a(varded an EPA Cli- agenda. mate Showcase Com- sustainable Dubuque munities grant in the Watershed Network: amount of $473,136. City Manager recom- Motion by Braig to mending approval of a receive and file the proposed research documents and ap- project to be under- prove the recommen- taken in partnership dation. Seconded by with the University of Jones. Motion carried 7-0. Iowa to develop the CLOSED SESSION Sustainable Dubuque Motion by Jones at Watershed Network. 9:34 p.m. to enter into Motion by Connors to closed session regard - receive and file the ing pending litigation, documents and ap- property acquisition, prove the recommenda- and professional com- tion. Responding to petency pursuant to questions from City Chapter 21.5(1)(c)(j)(i) Council, Water Pollu- Code of Iowa. tion Control Plant Seconded by Resnick. Manager Jonathon Motion carried 7-0. Brown and Resource Upon motion at 10:41 Management Coordin- p.m. the City Council ator Paul Schultz reconvened in open stated that research session stating that would be coordinated staff had been given by a high level team proper direction. from the University of There being no Iowa that includes further business, upon graduate students and motion the City Council professors of a two- adjourned at 10:42 p.m. year program and that Jeanne F. Schneider, they are confident it is CMC, City Clerk a quality program. it 4/27 Seconded by Braig. Motion carried 7-0. Police Department - Tenant Background Check Service Pro- vider: City Manager recommending approv- al 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 Vocal landlords. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Respond- ing to questions from City Council, Assistant Police Chief Terry Tobin stated that the contract prices are guaranteed for one year with thirty -day notice by the vendor or seven-day notice by the City. Tobin added that background checks would take possibly 3 days. Van Milligen stated that landlords are required to do background checks with services that meet the City's standards, but are not required to use the City's service. Motion carried 7-0. Port of Dubuque Marina Dock System and Utilities Project - Bid Package #1: City Manager recommend- ing award of the contract far the Port of Dubuque Marina Dock System and Utilities Project - Bid Package #1 to Dubuque Barge & Fleeting Service Co., public hearings. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 30-11 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Devel- opment Code, by re- classifying hereinafter described property located at 2505 Elm Street from R-2A Alternate Two -Family Residential District to OR Office Residential District. Seconded by Braig. Motion carried 7-0. Expansion of Flexsteel Industries, Inc., in the Port of Dubuque: Proof of publication on notice of public hear- ing to consider disposing of approx- imately 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 Agree- ment relating thereto and City Manager recommending approv- al. Motion by Connors to receive and file the information and adopt Resolution No. 139-11 Approving a Devel- opment 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. Seconded by Braig. Greater Dubuque Development Corpora- tion Vice President for Existing Businesses Dan McDonald spoke in support of the project. Responding to questions from City Council, Flexsteel CEO Ron Klosterman stated that the company did look at various locations. Resnick referenced the Port of Dubuque Master Plarr and expressed concern about the Port of Dubuque becoming an office park with limited public space. Van Milligen provided details about the acquisition grant used for the project, job creation, term of the agreement, and the POD Master plan as compared to the Planned Unit Devel- opment ordinance relative to this area. Motion carried 6-1 with Resnick voting nay. Fiscal Year 2011 Third Budget Amendment: Proof of publication on notice of public hearing to consider adoptions of the Fiscal Year 2011 Third Budget Amendment and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 140-11 Adopting the Fiscal Year 2011 Third Budget Amendment. Seconded by Connors. Motion carried 7-0. 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 esti- mated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) and City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 141-11 Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road). Seconded by Braig. Responding to ques- tions from City Council, City Engineer Gus Psihoyos stated that the. street reconstruc- tion phase of the i`ounty, Iowa, ie County, Iowa. lance veer< Festor tion Project. Upon otion the documents ere received and flied d Resolution No. 126- 1 Approving the cquisition of real tate owned by Glenn asey in the City of ubuque was adopted. US 61/151 Corridor reject Iowa DOT greement: City Man- ger recommending pproval of an Iowa epartment of Trans- ortation Agreement r Urban -State Traffic ngineering Program -STEP) as it relates the US 61/151 +rridor Project and e installation of affic signals and vement widening at fie intersections of aquoketa Drive, Twin slley Drive and US 52. +on motion the currents were ceived and filed and solution No. 127-11 .proving the Iowa partment of Trans- rtation Agreement r an Urban -State ffic Engineering ogram (U-Step) Pro - (Agreement No. 06- -Ustep-03) between e Iowa Department Transportation and e City of Dubuque for e US 61/151 Corridor eject was adopted. PTC LLC - 1800 Elm reet: City Manager commending eppro- 1 of Irrevocable enses for PTC LLC to ep and maintain the fisting encroach- nts of the loading ck, gas meter and +tective pillars in the bile right-of-way of e Street behind the gle Country Market 1800 Elm Street. on motion the cements were eived, filed, and roved. • arnegie-Stout Public rary Renovation Pro- - Contract No. 12: dffillcatlori to the Iowa Department of Econo- mic Development on behalf of Flexsteel Industries, Inc., with a commitment of local matching funds, which are Included in the Development Agree- ment that is a separate agenda item. Upon motion the documents were received and filed and Resolution No. 130- 11 Authorizing the filing of an application for State Financial Assistance on behalf of Flexsteel Industries, Inc., was adopted. Golden Silo Award: Press release advising that the Mines of Spain has received a Golden Silo Award for Out- standing Partner from the Silos and Smoke Stacks National Heri- tage Area for showing support and partnering with SSNHA on numerous occasions to create awareness for the Heritage Area. Upon motion the document was received and filed. Amendment to Collective Bargaining Agreement - Team- sters Local No. 120: City Manager recom- mending approval of an amendment to the Collective Bargaining Agreement between the Teamsters Local No. 120 and the City of Dubuque to provide for a work week that consists of ten hours per day and four days per week for the Airport Maintenance - workers and Airport Mechanic. Upon mo- tion the documents were received, filed, and approved. Amendment to Collective Bargaining Agreement - Bus Operators: City Man- ager recommending approval of an amendment to the Manager Cindy Stein- hauser, Upon motion the document was received and filed. Metropolitan Coalition Grant Application: City Manager recommend- ing 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 Coali- tion, the largest cities in the State of Iowa. Upon motion the docu- ments were received, filed, and approved. Purchase of Property - 2263 Elm Street: City Manager recommend- ing approval of the purchase of property at 2263 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 131-11 Approving the acqui- sition of real estate owned by Robert D. and Livija Klauer in the City of Dubuque was adopted. Historic Preservation Commission: Communi- cation from Peggy Stover submitting her resignation from the Historic Preservation Commission. Upon motion the document was received and filed and the resignation accepted. Human Rights Com- mission: Communica- tion from Lori Apel submitting her resig- nation from the Human Rights Commission. Upon motion the docu- ment was received and filed and the resignation accepted. Audit Services Recom- mendation: • City Man- ager recommending approval of the selection of Eide Bailly, Festival and McAleece Park/Recreation Com- plex; and Resolution No. 134-11 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 Monk's Kaffee Pub; and a Class "WON" Native Wine License to Dubuque Arboretum Association were adopted. Mayor Buol acknow- ledged the Interna- tional City Manager's Association Fellows in attendance, Mr. Ou Jianping and Mr. Guo Jiankui, who were visiting from China. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 7-0. Proceedings for Real- location of General Obligation Bonds Series 2009A and Series 2010A: City Manager recommend- ing that a public hearing be set for May 2, 2011 to consider the reallocation of General Obligation Bonds Series 2009A and Series 2010A. Upon motion the documents were received and filed and Resolution No. 135- 11 Fixing date for a meeting on the proposal to reallocate certain unspent pro- ceeds of the General Obligation Bonds, Series 2009A (Taxable Build America Bonds), and General Obligation Bonds, Series 2010A Bonds, and providing consider a develo ment agreerne between the City Dubuque and Engi House #1, LLC., subsidiary of Dubuq Initiatives, to sell a rehabilitate the Engi House #1 buildi (18th Street), whi formerly housed t Housing Departme offices. Upon moti the documents we received and filed a Resolution No. 137- (1) Approving t minimum requir competiti criteria, and offerin procedures for th development of certa real property an improvements in th proposed expansio area of the Great Downtown Urba Renewal District; ( Determining that th Development Agre ment submitted b Engine House #1, LL satisfies the offerin requirements wit respect to the real property and improve- ments and declaring the intent of the City Council to approve th Development Agree ment with Engin House #1, LLC in th event that n competing proposal are submitted; and (3 Soliciting competin proposals was adopte setting a publi hearing for a meetin to commence at 6:3 p.m. on June 6, 2011 i the Historic Federa Building. Paragon Squar Revitalizatio Plan: City Manage recommending that public hearing be se for June 6, 2011 consider establishmen of the Paragon Square Urban Revitalization Plan. Upon motion the documents were received and filed and Resolution No. 138-11 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Appointments to the foliowing Boards/Com- missions: Housing Commission: Three 3- year terms through August 17, 2011 (Term of Frommelt, Helling, and Sutton). Appli- cants: Amy Eudaley, 950 Wood Street; Patricia Rogaskie, I502 Yz Elm Street (Addi- tional Applicant); Regine Ronek, 2282 White Street (Addi- tional Applicant). Motion by Jones to receive and file the documents and ap- point Amy Eudaley, Patricia Rogaskie, and Regine Ronek to the Housing Commission for 3-year terms through August 17, 2011. Seconded by Braig. Connors re- quested that the applicants he allowed to speak. Ms. Eudaley, Ms. Rogaskie, and Ms. Ronek each spoke in support of their re- spective appointment. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Rezoning Request - 2505 Elm Street: Proof of publication on notice of public hearing to consider a request from Reverend Richard Mihm, Dubu- que 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 appro- val. 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. Dubuque Rescue Mission Execu- tive Director, Richard Mihm, spoke in support of the request. Plan- ning Services Manager Laura Carstens provided a staff report. Zoning Advisory Com- mission Chairperson Jeff Stiles spoke in support of the request on behalf of the Commission and pro- vided information from the Comm,ssion's V a4 0+I RILL O n Sustainable Dubuque Watershed .Network: City Manager recom- e mending approval of a proposed research r project to be under- s taken in partnership n with the University of Iowa to develop the Sustainable Dubuque Watershed. Network. Motion by Connors to receive and file the documents and ap- provethe recommenda- tion. Responding to f questions from City Council, Water Pollu- tion Control Plant Manager Jonathon Brown and Resource Management Coordin- ator Paul Schultz stated that research would be coordinated by a high level team from the University of Iowa that includes graduate students and professors of a two- year program and that they are confident it is a quality program. Seconded by Braig. Motion carried 7-0. Police Department - Tenant Background Check Service Pro- vider: City Manager recommending approv- al 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. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Respond- ing to questions from City Council, Assistant Police Chief Terry Tobin stated that the contract • prices are guaranteed for one year with thirty -day notice by the vendor or seven-day notice by the City. Tobin added that background checks would take possibly 3 days. Van Mllligen stated that landlords are required to do background checks with services that meet the City's standards, but are not required to use the City's service. Motion carried 7-0. Port of Dubuque Marina Dock System and Utilities Project - Bid Package #1: City Manager recommend- ing 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. Motion by Resnick to receive and file the documents and adopt Resolution No. 142-11 Awarding public improvement contract for the Port of Dubuque Marina Dock System and Utilities Project - Bid Package #1. Seconded by Jones. Motion carried 7-0. Glass Curbside Collection Policy: City Manager recommend- ing City of Dubuque discontinue the curb- side collection of glass for recycling effective July 2, 2011 and that an education and promo- tion 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 Administra- tor, advising that the Dubuque Metropolitan Area Solid Waste Agency will no longer subsidize the curbside collection of glass for recycling. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Resnick. Lynch ques- tioned the recommen- dation and disagreed with the reasons for discontinuing collec- tion stating that It is not walking the walk of sustainability and has minimal budget im- pact. Jones stated that currently there is no benefit to glass collection and that the City must first have a buyer for the recycled glass. Motion carried 6- 1 with Lynch voting nay. Growing Sustainable Communities Confer- ence: City Manager recommending ap- proval of a contract with Sustainable Cities Network for the Growing Sustainable Communities Confer- ence. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 7-0. Wellmark Foundation etter of Intent: City Manager recommend- ng approval of a Letter p- Port of Dubuque t nt Flexsteel Industries of Inc. Seconded by Braig ne Greater Dubuqu a Development Corpora ue tion Vice President fo nd Existing Businesse ne Dan McDonald spoke i ng support of the project ch Responding to he questions from City nt Council, Flexsteel CEO on Ron Klosterman stated re that the company did nd look at various 11 locations. Resnick he referenced the Port o re- Dubuque Master Plan ve and expressed concern g about the Port of e Dubuque becoming an in office park with limited d public space. Van e MilHgen provided n details about the er acquisition grant used n for the project, job 2) Creation, term of the e agreement, and the e- POD Master plan as y compared to the C Planned Unit Devel- g opment ordinance h relative to this area. Motion carried 6-1 with Resnick voting nay. Fiscal Year 2011 Third Budget Amendment: e Proof of publication on notice of public e hearing to consider e adoption of the Fiscal o Year 2011 Third Budget s Amendment and City Manager recommend- ) ing approval. Motion d by Jones to receive and c file the documents and g adopt Resolution No. 0 140-11 Adopting the n Fiscal Year 2011 Third 1 Budget Amendment. Seconded by Connors. re Motion carried 7-0. n Kaufmann Avenue r Utility Project (John F. a Kennedy Road to t Chaney Road): Proof of to publication on notice t of public hearing to consider the plans, specifications, form of contract, and esti- mated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) and City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 141-11 Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road). Seconded by Braig. Responding to ques- tions from City Council, City Engineer Gus Psihoyos stated that the. street reconstruc- tion phase of the project will be bid by the State on June 21, 2011. adding that the utility phase is not eligible for state funding while the street construction phase is. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Preliminary Plat - Liberty Subdivision: Zoning Advisory Com- mission 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 request- ing that the City make appropriate improve- ments to Liberty Avenue in the event- uality that the pro- posed Liberty Subdivi- sion is approved and developed. Motion by Connors to receive and file the documents and ap- prove the recom- mendation. Seconded by Jones. Speaking for area residents, Ken Anglin, 925 Liberty Avenue, spoke in opposition to the request and expressed their collective con- cerns including the minimal street area, limited parking, in- creased truck traffic, and water drainage. Mr. Anglin requested that the request be denied or tabled. Responding to ques- tions from City Council, Zoning Advisory Com- mission Chairperson Jeff Stiles stated that the street is substan- dard and needs atten- tion. Planning Services Manager Laura Car- stens provided infor- mation regarding aver- age traffic patterns. Fire Chief Dan Brown stated that fire vehicles have appro- priate access. City Engineer Gus Psihoyos stated that the street could be widened through property acquisition and the use of retaining walls adding that it would an L assessable project. Motion carried 5-2 with 1 mare anoweaae - Gem munities grant in the amount of $473,136. Motion by Sraig to receive and file the documents and ap- prove the recommen- dation. Seconded by Jones. Motion carried 7-0. CLOSED SESSION Motion by Jones at 9:34 p.m. to enter into closed session regard- ing pending litigation, property acquisition, and professional com- petency pursuant to Chapter 21.5(1)(c)(j)(i) Code of Iowa. Seconded by Resnick. Motion Carried 7-0, Upon motion at 10:41 p.m. the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 10:42 p.m. Jeanne F. Schneider, CMC, City Clerk It 4/27