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10 3 11 Clerk's Skeleton Notes and Meeting CallTO: KEVIN S. FIRNSTAHL, CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, OCTOBER 3, 2011, AT 6:30 PM, IN THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL. ROY D. OL, MAYOR CONSENT ITEMS: PAGES 2 -7 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session on October 3, 2011 at 6:30 p. m. in the Historic Federal Building. Present: Mayor Manager Van I; Council Members igen, City Attorne Absent: Pledge of Allegiance Invocation was provided by Sr. Michelle Balek, OSF, Sisters of St. Francisc ur/4-0/hG✓� SWEARING -IN City Clerk Kevin S. Firnstahl OWIL;itifiab' RESENTATIONS 1. Iowa League of Cities All -Star Community Award — Unified Development Code 2. Preservation Iowa Award — Historic Shot Towe PROCLAMATIONS 1. White Cane Safety Day (October 15, 2011) 2. Trick -or -Treat Night (October 31, 2011) Gc7` 3. Arts and Humanities Month (October 2011)f 14 4. Make a Will Month (October 2011) pi/P 4,6 oae 41s, //)/ 1/4 14" 0,gmdvipiot.04, /zalibodke, Yays, Nays Resnick Sutton Braig Buol Connors Jones Lynch CONSENT ITEMS 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 2 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 5 G 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. 22 "d 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 ,3? 0 Authorizing emergency repairs to the retaining wall on 7th Street and associated street pavement Suggested Disposition: Receive and File; Adopt Resolution Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 3 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 3 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. L Suggested Disposition: Receive and ire; 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 4 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 Transpo ation 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 5 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 `J 3cP9--- 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 6 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 7 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 `� 7 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 8 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 i3 Unforgiveable Records Granting the issuance of a new cigarette permit to Suggested Disposition: Receive and File; Adopt Resolutions Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 9 30. North Grandview Estates — Partial Release of Mortgage City Attorney recommending partial release of real estate mortgage for Lot 6 and authorize the Mayor to sign it on behalf of the City. Suggested Disposition: Receive and File; Approve Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 10 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Yays, v / 1. Nays Resnick Sutton Braig Buol Connors Jones Lynch 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. v n RESOLUTION ✓, Resolution of Intent to dispose of and release an p 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 estimate 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 /11 y1 10 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, JYek, Long Range Planning Advisory Commission One 3 -year term through July 1, 2014 (vacant term of Braig) Applicant: Craig Beytien, 1091 Valentine Drive .---- (5P4 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 Y 1� ay Nays Resnick Sutton Braig Buol Connors Jones Lynch 11 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 Yayj Nays Resnick Sutton Braig Buol Connors Jones Lynch Public Hearing #1 Yays Nays Resnick Sutton Braig vg Buol Connors Jones Lynch 1. Dubuque Regional Airport — Conservation Easement Proof of publication on notice of public hearing to consider disposaFof 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. 4611 0400-1 difr fandA1 Suggested Disposition: Receive and File; Approve REINSTATE THE RULES This action limits discussion to the City Council. Yays/ Vy Nays Resnick Sutton Braig Buol Connors Jones Lynch 12 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 Dubu and Visitors Bureau. Suggested Disposition: Receive and File Yay Nays Resnick Sutton Braig Buol Connors Jones Lynch Sfri*,41!"frido/f/ 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 D Approval of a License and Power Purchase Agreement between the City of I ubuque, Iowa, and Eagle Point Energy -1 LLC, an Iowa Limited Liability Company r/f0? V'ff 26(Ad 011/2,1,17 ue Convention 10404/9//463 itat4t m99-,%44/-dx,1 VdG6,9�t s1",*Catn, ieaoteb ;4t/iell4 Suggested Disposition: Receive and File; Adopt Resolutio Yays L/v Resnick ,S Sutton Braig Buol Connors Jones Roy - iv,-///rifr/4 _awszzrz- //r, 0/Aiw2e, 49%-d/4/ athti Lynch b( gym, Stu A NI/ ,ijz io0- zGNivi// °?3 1441Plari wzirfrA?//40-/S 0/0,7-", 4d,,w4Jameit, xaly (tviwid4 nr/ w *we- 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch °XI/ fdiA- ifr/em Ott - A/A7‘17,,-1+6 - u-a/Y4 ni/Zettel a" aid+ --/azz dilie *46 a&e/t6201 / 46 9/1/ 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 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch /-g4fax/it/prioizi* 14 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 5/7A /1/9///, Yays Nays Resnick Sutton L/7 Braig Buol Connors Jones Lynch 6. Julien Dubuque's - 250t" 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 e%���� /14a Yay Nays Resnick Sutton Braig Buol Connors Jones Lynch 15 cie7p4 9/./i/k/ 7. City Clerk Salary Compensation Suggested Disposition: Motion to Table/ Ya7 Nays Resnick Sutton Braig Buol Connors Jones Lynch 957/1-n RECESS City Council Discussion Regarding City Clerk Salary Compensation Non - Public Meeting Pursuant to Chapter 20.9 of the Iowa Open Meetings Law RECONVENE 56/ fr/ City Clerk Salary Compensation Suggested Disposition: Remove from the Table; Receive and File; Council Remove from Table Yays, V V Nays Resnick Sutton Braig Buol Connors Jones Lynch R &F; ¥7 Resnick Nays Sutton y� v Braig Buol Connors Jones Lynch 16 ,R(6,/// • qie6/ nit" Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch RECONVENE 56/ fr/ City Clerk Salary Compensation Suggested Disposition: Remove from the Table; Receive and File; Council Remove from Table Yays, V V Nays Resnick Sutton Braig Buol Connors Jones Lynch R &F; ¥7 Resnick Nays Sutton y� v Braig Buol Connors Jones Lynch 16 ,R(6,/// • qie6/ nit" Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch RECONVENE 56/ fr/ City Clerk Salary Compensation Suggested Disposition: Remove from the Table; Receive and File; Council Remove from Table Yays, V V Nays Resnick Sutton Braig Buol Connors Jones Lynch R &F; ¥7 Resnick Nays Sutton y� v Braig Buol Connors Jones Lynch 16 ,R(6,/// • qie6/ nit" COUNCIL MEMBER REPORTS Pn/it)* 19/1'? /*/0 if miff PUBLIC INPU 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. -11606i/ Of wow Motion to Adjourn at Yaj Nays Resnick Sutton Braig Buol Connors Jones Lynch Kevin S. Firnstahl City Clerk 17 ffeth 7.1/4.4ed" 1/012,2z- /7,2le ?edz- idd6 *12 1 4`fria- jefled 4,/0 ,1( //fiat /(}747 /22 def/e/1 ,./"?/4