10 3 11 City Council Agenda with Supporting Documents
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, OCTOBER 3, 2011
HISTORIC FEDERAL BUILDING
350 W. 6TH STREET, DUBUQUE, IOWA
Council meetings are video streamed live and
archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 97.2 (digital).
5:30 PM
RECEPTION
International City/County
Managers Association Sustainability Fellows
6:30 PM
REGULAR SESSION
PLEDGE OF ALLEGIANCE
INVOCATION
Sr. Michelle Balek, OSF, Sisters of St. Francis
SWEARING-IN
City Clerk
PRESENTATIONS
Iowa
League of Cities All-Star Community Award – Unified Development Code
Preservation Iowa Award – Historic Shot Tower
PROCLAMATIONS
1. White Cane Safety Day (October 15, 2011)
2. Trick-or-Treat Night (October 31, 2011)
3. Arts and Humanities Month (October 2011)
4. Make a Will Month (October 2011)
CONSENT
ITEMS
The consent agenda items are considered to be routine and non-controversial. All consent items are 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
City Council Proceedings of 9/19, Civil Service of 9/8, Historic Preservation Commission of
9/15, Historic Preservation Education Task Force of 9/7, Housing Commission of 8/23, Long Range Planning Advisory Commission of 9/21, Mechanical Board of 8/11, Transit Advisory Board
of 9/8, Zoning Board of Adjustment of 9/22
Proofs of Publication for City Council Proceedings of September 6 and 12, 2011
Proof of Publication for List of Claims and Summary of Revenues
for Month Ending July 31, 2011.
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Terry Cook for vehicle damage, Brenda Henry for property damage, Timothy
McElligott for vehicle damage, Tressa Tracy for vehicle damage.
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Terry Cook for vehicle
damage, Brenda Henry for vehicle damage, Timothy McElligott for vehicle damage, Tressa Tracey for vehicle damage.
Suggested Disposition: Receive and File; Concur
3. US 52 / Central
Avenue Traffic Improvements – Project Acceptance
City Manager recommending acceptance of the construction contract for the US 52 Traffic Flow Enhancement Project as completed by Portzen
Construction, Inc., in the final contract amount of $966,332.96.
RESOLUTION Accepting the US 52 Traffic Flow Enhancement Project and authorizing the payment of the contract amount to
the contractor
Suggested Disposition: Receive and File; Adopt Resolution
4. Bee Branch Creek Restoration Project – Acquisition of 511 E. 22nd Street
City Manager recommending
approval to purchase property required for the Bee Branch Creek Restoration Project at 511 E. 22nd Street owned by David A. and Sarah J. Maus for the appraised value of $50,000.
RESOLUTION
Approving the acquisition of real estate owned by David A. and Sarah J. Maus in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
5. Seventh Street
Retaining Wall – Emergency Repair Authorization
City Manager recommending authorizing emergency repairs to the retaining wall along 7th Street and the associated street pavement.
RESOLUTION
Authorizing emergency repairs to the retaining wall on 7th Street and associated street pavement
Suggested Disposition: Receive and File; Adopt Resolution
6. Madison Street Retaining Wall – Emergency Repair Authorization
City Manager recommending authorization for the emergency repair of the Madison Street retaining wall and associated
street pavement and sidewalk portions.
RESOLUTION Authorizing emergency repairs to the retaining wall on Madison Street and the associated street pavement and sidewalk portions
Suggested
Disposition: Receive and File; Adopt Resolution
7. Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study
City Manager recommending approval for the Mayor to execute
the Iowa Department of Transportation Funding Agreement for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study.
RESOLUTION Approving the Iowa Department of
Transportation Funding Agreement (Agreement No. 2012-16-011) for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study
Suggested Disposition: Receive and File;
Adopt Resolution
8. Terracon Consultants, Inc. – Monitoring Well Installations
City Manager recommending approval to execute a License Agreement for Site Assessments for the monitoring
well installation on City property located at 25 Main Street by Terracon Consultants, Inc.
Suggested Disposition: Receive and File; Approve
9. Historic Preservation Commission
– 1699 Iowa Street
Communication from the Historic Preservation Commission recommending City Council approval of a request to replace a section of damaged limestone curb with concrete
steps along W.17th Street adjacent to property at 1699 Iowa Street.
Suggested Disposition: Receive and File; Approve
10. Smart Planning Consortium Update
City Manager transmitting an update on the August 10, August 24 and September 14, 2011 Smart
Planning Consortium Meetings; and minutes of the August 10 and August 24, 2011 meetings including Land Use Goals and Objectives, and Community Population Projections.
Suggested Disposition:
Receive and File
11. Safe Routes to School – Project Funding
City Manager recommending approval to file an application with the Iowa Department of Transportation for a Safe Routes
to School Infrastructure Grant to fund durable high visibility crosswalks at 44 school locations for a total project cost of $163,760.
RESOLUTION Authorizing the filing of an application
with the Iowa Department of Transportation for Safe Routes to School Infrastructure Grant funding for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
12. Safe
Routes to School – Infrastructure Grant
City Manager transmitting a letter of support for the City of Dubuque’s application for the Safe Routes to School Infrastructure Grant.
Suggested
Disposition: Receive and File
13. Safe Routes to School – Non-Infrastructure Grant
City Manager transmitting a letter of support for the City of Dubuque’s application for the Safe
Routes to School Non-Infrastructure Grant.
Suggested Disposition: Receive and File
14. Dubuque Police Protective Association
City Manager transmitting information on the arbitration awarded to the Dubuque Police Protective
Association.
Suggested Disposition: Receive and File
15. Special Assessment – 1906 Catherine Street
City Manager recommending approval to establish a lien in the amount of $2,873.61
against Tammy Parker, 1906 Catherine Street, for non-payment of a Settlement Order.
RESOLUTION Adopting the Schedule of Special Assessment for a lien against the property and directing
the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
16. Washington
Neighborhood – Housing Trust Fund Application
City Manager recommending approval of a grant application to the Iowa Finance Authority for $132,637 for continued support for homeownership
activities in the Washington Neighborhood.
RESOLUTON Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust funds
Suggested
Disposition: Receive and File; Adopt Resolution
17. Shelter Plus Care Program
City Manager recommending approval of a renewal application to the US Department of Housing and Urban Development (HUD) for administration of the Shelter
Plus Care Program.
Suggested Disposition: Receive and File; Approve
18. Hillcrest Family Services
City Manager recommending approval of a Usage Agreement with Hillcrest Family Services
for the use of Murphy Park from October 30, 2011 through January 10, 2012, to set up a holiday light display.
Suggested Disposition: Receive and File; Approve
19. Assistance to
Firefighters Grant
City Manager recommending approval to apply for the 2011 Assistance to Firefighters Grant in the amount of $204,000 for a video conferencing system (telepresence)
for all six fire stations and the Training Center/EOC.
Suggested Disposition: Receive and File; Approve
20. Civil Service Commission
Civil Service Commission submitting the Certified
Lists for the positions of Assistant Horticulturalist, Equipment Operator II, and Landfill Equipment Operator.
Suggested Disposition: Receive and File; Make Matter of Record
21. Workers’ Compensation Compromise Settlements
City Attorney requesting approval for the City Manager to execute two Compromise Settlements of Workers’ Compensation claims for Terry
K. Dolan.
Suggested Disposition: Receive and File; Approve
22. Sustainable Dubuque – Project Status Report
City Manager transmitting the Sustainable Dubuque Project Status Report
for September 2011.
Suggested Disposition: Receive and File
23. Plastic Center, Inc. – First Amendment to Development Agreement
City Manager recommending approval of the First
Amendment to the Development Agreement with Plastic Center, Inc., on the properties located at 426 W. 5th Street and 951, 955, and 957 Main Street in downtown Dubuque. The First Amendment
to the Development Agreement extends the deadline for completion of construction from October 31, 2011 to April 30, 2012.
RESOLUTION Approving the First Amendment to the Plastic Center,
Inc., Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
24. Dubuque Regional Airport – Reappropriation of Funds
City Manager recommending approval
to reallocate CIP funds to pay for the removal and replacement of the existing roof of the University of Dubuque hangar ($45,640) and the current furnace and air conditioning unit for
the Fixed Base Operation area of the Jet Center Building ($11,517).
Suggested Disposition: Receive and File; Approve
25. Acting Lead Public Safety Dispatcher – Collective Bargaining Amendment
City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the International
Union of Operating Engineers Local #234, which provides for an additional $1.00 per hour of compensation to a public safety dispatcher who is placed in charge of a shift when there is
no lead public safety dispatcher on duty.
Suggested Disposition: Receive and File; Approve
26. Iowa Mississippi River Parkway Commission
City Manager transmitting the Iowa Mississippi
River Parkway Commission Annual Report from August 2011.
27. Alcohol Compliance – Civil Penalties for Alcohol License Holders - Bandana’s Bar-B-Q
City Manager recommending approval
of the Acknowledgement / Settlement Agreement for an alcohol compliance violation for Bandana’s Bar-B-Q.
Suggested Disposition: Receive and File; Approve
28. Liquor License Refunds
Casey’s
General Store Nos. 2420 and 2421 requesting a refund on Class “C” Beer Permit with Native Wine License Nos. BC00274551 and BC007452 each in the amount of $56.25.
Suggested Disposition:
Receive and File; Approve
29. Liquor License Applications
City Manager recommending approval of annual liquor license renewals and cigarette permit applications as submitted.
RESOLUTION Granting the issuance
of a Class “C” Beer/Liquor License to Denny’s Lux Club, Loras College Athletic and Wellness Center, Carlos O’Kelly’s Mexican Restaurant, Fiesta Cancun Restaurant; and a Special Class
“C” Liquor License (5-Day Special Event) to the Dubuque Art Center
RESOLUTION Granting the issuance of a Class “C’ Beer Permit to Friendly Locust Mart, Hy-Vee Gas #2, and Aldi, Inc.,
#30
RESOLUTION Granting the issuance of a new cigarette permit to Unforgiveable Records
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. Timber-Hyrst Place No. 3
City Manager recommending setting a public hearing for October
17, 2011 to consider releasing existing utility storm sewer and access easements on Lot 2 of Timber-Hyrst Place No. 3.
RESOLUTION of Intent to dispose of and release an access, utility
and storm sewer easement on Lot 2 of Timber-Hyrst Place No. 3 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/17/11
2. City
Hall HVAC System Improvements Project
City Manager recommending initiation of the public bidding procedures for the City Hall HVAC System Improvements Project and setting a public hearing
for November 21, 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 (City Hall HVAC System Improvement Project)
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/21/11
BOA
RDS/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.
Environmental Stewardship Advisory Commission
One 3-year term through October 1, 2014 (expiring term of Klostermann)
Applicant:
Wayne Klostermann, 3254 Lake
Ridge Drive
Stacy Splittstoesser, 1694 Radford Road
Long Range Planning Advisory Commission
One 3-year term through July 1, 2014 (vacant term of Braig)
Applicant:
Craig Beytien, 1091
Valentine Drive
Appointments to the following Boards/Commissions:
Civic Center Advisory Commission
One 3-year term through June, 29, 2013 (vacant term of Fields)
Applicant:
Jody Willenborg,
3497 Hillcrest Road, #2
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. Dubuque Regional Airport – Conservation Easement
Proof of publication on notice of public hearing to consider disposal of an interest
in City-owned property as set forth in the Declaration of Conservation Covenants and Restrictions Conservation Easement on the specified property at the Dubuque Regional Airport and
the City Manager recommending approval.
Suggested Disposition: Receive and File; Approve
Material from September 19, 2011 Meeting
REINSTATE THE RULES
This action limits
discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not allowed except as authorized by the Mayor.
1. Dubuque
Convention and Visitors Bureau
Director Keith Rahe to provide an update on the activities of the Dubuque Convention and Visitors Bureau.
Suggested Disposition: Receive and File
2. Eagle Point Solar – Lease and Power Purchase Agreement
City Manager recommending rescinding the previous License and Power Purchase Agreement with Eagle Point Engergy-1, LLC and adopting
a Lease/Purchase of the solar equipment for the roof of the Municipal Services Center on Kerper Court.
RESOLUTION Approval of a License and Power Purchase Agreement between the City
of Dubuque, Iowa, and Eagle Point Energy-1 LLC, an Iowa Limited Liability Company
Suggested Disposition: Receive and File; Adopt Resolution
3. Tenant Criminal Background Check
Program
City Manager recommending an additional $38,300 be allocated for continued criminal background check fees through the rest of Fiscal Year 2012.
Suggested Disposition: Receive
and File; Approve
4. Lower Bee Branch Creek Restoration Project – I-JOBS II Grant Amendment
City Manager recommending approval of an amendment to the I-JOBS II Grant Agreement for
the Bee Branch Creek Restoration Project.
RESOLUTION Authorizing the execution of the First Amendment to the grant agreement with the Iowa Jobs Board and the Iowa Finance Authority
as required for the City’s receipt of $3,965,000 in State I-Jobs funding for the Lower Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Adopt Resolution
5. Reque
st for Work Session - Sustainable Dubuque Quarterly Report
City Manager requesting scheduling a work session on Monday, November 7, 2011 at 5:00 p.m. on the Sustainable Dubuque Quarterly
Update.
Suggested Disposition: Receive and File; Council
6. Julien Dubuque’s - 250th Birthday Anniversary Committee
City Manager transmitting correspondence from the National Mississippi River Museum and Aquarium requesting a City representative
for the committee to celebrate the 250th anniversary of Julien Dubuque’s birth.
Suggested Disposition: Receive and File; Council
7. City Clerk Salary Compensation
Suggested Disposition:
Motion to Table
RECESS
City Council Discussion Regarding City Clerk Salary Compensation
Non-Public Meeting Pursuant to Chapter 20.9 of the Iowa Open Meetings Law
RECONVENE
City Clerk
Salary Compensation
Suggested Disposition: Remove from the Table; Receive and File; Council
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.
Kevin S. Firnstahl
City Clerk