10 3 11 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
OCTOBER 3, 2011
Resnick
Sutton
Braig
Buol
Connors
Jones
Lynch
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
1. Iowa League of Cities All-Star Community Award – Unified Development Code
2. 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
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4. Bee Branch Creek Restoration Project – Acquisition of 511 E. 22 Street
City Manager recommending approval to purchase property required for the Bee Branch
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Creek Restoration Project at 511 E. 22 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 recommendingauthorization 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
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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
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steps along W.17 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.
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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
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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
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Agreement with Plastic Center, Inc., on the properties located at 426 W. 5 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.
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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
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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
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.
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:
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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
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
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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. Request 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
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6. Julien Dubuque’s - 250 Birthday Anniversary Committee
City Manager transmitting correspondence from the National Mississippi River Museum
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and Aquarium requesting a City representative for the committee to celebrate the 250
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
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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
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