4 2 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 422012
Lynch, Resnick, Sutton, Buol, Braig, Connors, Jones
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
50 W. fith Street, Dubuque
April 2, 2012
Council meetings are video streamed live and archived at
wwwcdvofdubuaue ora /media and on Dubuque's CityChannel on the
Medracom cable system at Channel (analog) and 97 2 (digital)
WORIt SESSION
530 PM - 9th Street to 11th Street One -Way to Two -Way Conversion
Qth t & 11th StrpM One -Way to Tw, Way Cnnversion -M VM Memo. 9th 811th Street Conversion -Staff Mem o ah R 11th Street on ruo -
REGULAR SESSION
6 30 PM
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
1 Kids to Parks Darr - Maj 19, 2012
Kids to Parks Day Proclamation
2 NCAA Division 111ldentrty Initiative Week - April 9 -15, 2012
NCAA Division III Proclamation.
PRESENTATION(S)
1 International Society of Arboriculture Award of Achievement
Leisure Services Manager Marie Ware to present the International Midwestern Chapter of the Society of Arboriculture Award of
Achievement to City Forester Steve Pregler
Staff Memo
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent items will be normally voted upon in a single
motion without any, separate discussion on a particular item If youwould Ilketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the Itemyou would Tike removedfromthe Consent Agenda for separate discussion and
consideration
1 Minutes and Reports Submitted
City Council Proceedings of 3/19, Civil Service Commission of 2/15, Community Development Advisory Commission of 3/21, Historic
Preservation Commission of 3/15, Human Rights Commission of 1/9, Library Board of Trustees of 2/23, Sister City Relationships
Advisory Commission of 3/21
Library Board of Trustees Updates from Meetings of 2/23 and 3/22
Proofs of Publication for City Council Proceedings of 2/23, 3/5 and 3/7
Suggested Disposition Receive and File
City Council Proceedings 3/19 Civil Service Minutes 2/15 CDAC Minutes 3/21 Historic Preservation Minutes3 /15 Human Rights Minutes1/9
Library Minutes 2/23, Library Update 2/23 Library Update 3/22, Sister City Minutes 3/21 Proof - Counal P roceedincis 2/23, Proof - Council
Proceedings 3/5, Proof - Council Proceedings 3/7,
2. Notice of Claims and Suits
Linda Decker for property damage and Erich Vierkant for property damage
Suggested Disposition: Receive and File; Refer to City Attorney
Decker Claim, Vierkant Claim,
3. Disposition of Claims
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 Linda Decker for property damage, Erich Vierkant for property damage
Suggested Disposition: Receive and File: Concur
ICAP Claims,
4. Dubuque Water Sports Club Lease
City Manager recommending approval of the annual lease with the Dubuque Water Sports Club (formerly Dubuque Water Ski Club)
Suggested Disposition: Receive and File; Approve
Dubuque Water Sports Club Lease -MVM Memo, Staff Memo , Dubuque Water Sports Club Lease,
5. Hunter Equity, LLC - Assignment of Development Agreement
City Manager recommending approval of the Assignment of the Development Agreement from Hunter Equity, LLC to 2013 Dubuque,
LLC (Ruedebusch Development & Construction, Inc ) for the construction of an office /distribution facility for Fed -Ex in the Dubuque
Industrial Center North Second Addition
RESOLUTION Approving the Assignment of the Development Agreement between the City of Dubuque, Iowa, and Hunter Equity, LLC
to 2013 Dubuque, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Hunter Equity Assignment -MVM Memo, Staff Memo, Resolution, Assignment Relating to Development Agreement,
6. Whitewater Creek Bridge Funding Request
Historic Preservation Commission requesting approval to use $42,487 in Historic District Public Improvement Program (HDPIP) funds
for completion of the White Water Creek Bridge Project
Suggested Disposition: Receive and File; Approve
Letter to Council, Applicant Matenals Staff Matenals,
7. Alcohol Compliance Hearing Continuance - Cookin' Something Up
City Manager recommending approval of the request to remove the hearing for Cookin' Something Up from the City Council Agenda on
April 2, 2012, to be rescheduled at a later date, pending witness and legal representation availability
Suggested Disposition: Receive and File; Approve
Cookin Somthinq Up -MVM Memo, Staff Memo , Goodman Continuance Letter, Legal Dept Memo,
8. Fire Station No. 5 Roof Replacement - Acceptance
City Manager is recommending acceptance of the construction contract for the Fire Station No 5 Roof Replacement Project, as
completed by Giese Roofing Company, in the final contract amount of $27,072
RESOLUTION Accepting the Fire Station No 5 Roof Replacement Project and authorizing the payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Fire Station No 5 Roof Replacement -MVM Memo Fire Station No 5 Roof Replacement - Staff Memo Fire Station No 5 Roof Replacement -
Resolution, Fire Station No 5 Roof Replacement - Application & Certificate for Payment,
9. Fire Department Headquarters Roof Replacement, 2011 - Acceptance
City Manager recommending acceptance of the construction contract for the Fire Headquarters Roof Replacement Project - 2011, as
completed by Giese Roofing Company, in the final contract amount of $53,390
RESOLUTION Accepting the Fire Headquarters Roof Replacement Project - 2011 and authorizing the payment of the contract amount
to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Fire Headquarters Roof Replacement -MVM Memo, Fire Headquarters Roof Replacement - Staff Memo, Fire Headquarters Roof Replacement -
Resolution, Fire Headquarters Roof Replacement - Application & Certificate for Payment
10. Safe Routes to School Program Project Agreement
City Manager recommending approval of the Iowa Department of Transportation Agreement for a Safe Routes to School Program
Project between the Iowa Department of Transportation and the City of Dubuque for funding of Dubuque school safety improvements
RESOLUTION Approving the Iowa Department of Transportation (DOT) Agreement for Safe Routes to School Program Project (Iowa
DOT Agreement 10 -SRTS -011) for Dubuque school safety improvements
Suggested Disposition: Receive and File; Approve
Safe Routes to School -MVM Memo, Safe Routes to Schools - Staff Memo, Safe Routes to School - Resolution, Safe Routes to School - Map,
Safe Routes to School - Iowa DOT Letter & Agreement
11. Mayor Buol Featured at the Eco- Engineering: Building Sustainable Cities Forum
City Manager transmitting the Eco - Engineering Building Sustainable Cities program from the annual Hitachi /Brookings Institute forum
held October 6, 2011, which features Mayor Roy D Buol
Suggested Disposition: Receive and File
Eco-Engmeennq Forum Program,
12. Wireless Network License Agreement - Table Mound School Update
City Manager approval of an Amended Wireless Network Equipment License Agreement with Dubuque Community Schools to allow
for a 900Mhz antennae and a network connection to be co- located with the existing water meter wireless network equipment at Table
Mound School
Suggested Disposition: Receive and File; Approve
Dbq Community Schools Amended Wireless Agreement -MVM Memo, Staff Memo , Memo to City Manager Amended Wireless Equipment
Dubuque Community Schools, Amended Wireless Network License Agreement Dubuque Community Schools,
13. Wireless Network License Agreement - Wartburg Theological Seminary
City Manager recommending approval of a Water Meter Wireless Network Equipment License Agreement between the City of
Dubuque and Wartburg Theological Seminary for placement of an R450 Collector, antennae and telecommunications equipment on a
building at Wartburg Theological Seminary
Suggested Disposition: Receive and File; Approve
Wartburg Theological Water Meter Wireless -MVM Memo Staff Memo Wartburg Water Meter Wireless Network Equipment Agreement Memo
to City Manager, Wireless Water Meter Network License Wartburg Theological Seminary,
14. Water Meter Wireless Network Equipment Lease Agreement- DMASWA and Radio Dubuque
City Manager recommending approval of a Water Meter Wireless Network Equipment Lease Agreement in partnership with the
Dubuque Metropolitan Area Solid Waste Agency (DMASWA) and Radio Dubuque
Suggested Disposition: Receive and File; Approve
Water Meter Wireless Network Lease -MVM Memo, Staff Memo , Radio Dubuque Tower Lease Agreement,
15. Sustainable Dubuque Project Status Update
City Manager transmitting the monthly Sustainable Dubuque Project Status Update for March 2012
Suggested Disposition: Receive and File
Sustainable Dubuque Proiect Status Update -MVM Memo Cover Memo March report,
16. 2012 Art on the River Exhibition Selection
Arts and Cultural Affairs Advisory Commission requesting concurrence with the selection of artwork for the 2012 Art on the River
Competition
Suggested Disposition: Receive and File; Approve
2012 Art on the River Exhibition, 2012 Art on the River Jury Selections
17. Iowa Department of Inspections and Appeals New Inter - Agency Agreement
City Manager recommending approval of an inter- agency agreement with the Iowa Department of Inspections and Appeals for
performance of food and hotel licensing, inspections and enforcement with respect to retail food establishments
Suggested Disposition: Receive and File; Approve
Iowa Department of Inspections Agreement -MVM Memo, Staff Memo , Dubuque 2012 28E Agreement ,
18. Improvement Contracts! Performance, Payment and Maintenance Bonds
Madison Street Retaining Wall Emergency Repair Project - McAuliffe Excavating, Inc
Suggested Disposition: Receive and File
McAuliffe Excavating Contract
19. Signed Contracts
A) Contract with Fraser Design for services related to the White Water Creek Bridge nomination to the National Register of Historic
Places, B) Short Form Public Improvement Contract with Great Plains Landscaping for replacement of the retaining wall at 1561
Parkway, C) Contract with IIW, P C for the Northend Trail Lighting Project, D) Contract with Presentations for the interpretive signs for
the Dubuque Water Trail Project, E) Contract with Terracon Consultants, Inc , for environmental response action services related to the
former maintenance garage site at 925 Kerper Blvd , F) Miron Construction Co , Change Order No 14 for the Water Pollution Control
Plant Modifications Project
Suggested Disposition: Receive and File
Fraser Contract, Great Plains Contract, IIW Contract, Presentations Contract, Terracon Contract, Miron Contract,
20. Alcohol Compliance Civil Penalty for Alcohol License Holders- El Paisano Grocery
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for El
Paisano Grocery, 1543 Central Avenue
Suggested Disposition: Receive and File; Approve
El Paisano Grocery Settlement Agreement -MVM Memo, Staff Memo , Settlement Agreement -Copy,
21. Alcohol License Renewals and Applications
City Manager recommending approval of annual liquor, beer and wine licenses as submitted
RESOLUTION Applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business
and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo Police Memo, Liquor Resolution
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Second Annexation Request -10924 Key West Drive
City Manager recommending that a public hearing be set for April 16, 2012 on the second annexation request of Catherine C
Christopherson for an additional parcel at 10924 Key West Drive
Suggested Disposition: Receive and File; Public Hearing 4116112
Christopherson Annexation Request 2 -MVM Memo, Staff Memo, Resolution Staff Matenals,
2. Fiscal Year 2012 Second Budget Amendment
City Manager recommending a public hearing be set for April 16, 2012 to consider Amendment No 2 to the Fiscal Year 2012 Budget
RESOLUTION Setting the date for the public hearing on Amendment No 2 to the Fiscal Year 2012 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 4116/12
FY12 Second Budget Amendment -MVM Memo, Fiscal Year 2012 Second Budget Amendment- Staff Memo, Fiscal Year Second Budget
Amendment - Resolution, Fiscal Year 2012 Second Budget Amendment - Amendment Detail, Fiscal Year 2012 Second Budget Amendment -
Notice Of Public Heannq, Fiscal Year 2012 Second Budget Amendment- Newspaper Notice,
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
1 three -year term through October 1, 2014 (Vacant term of Klostermann)
Applicants
Julie Beck, 1390 Glen Oak Street
Andrea Helgager, 40 Main Street, #300
Appointments to be made at this meeting:
Cable TV Commission
1 three -year term through July 1, 2014 (last of 7 newly created positions)
Applicant
Ronald Tigges, 4927 Wildflower Drive
Boards Overview Sheet, Boards Latest Listing ESAC Applications, Cable TV Application
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 Industrial Center South - Grading & Utilities 2012 Project Phase I
Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost
for the Dubuque Industrial Center South Grading and Utilities 2012 Project, Phase 1 and the City Manager recommending approval
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center South Grading
& Utilities 2012 Project, Phase 1
Suggested Disposition: Receive and File; Adopt Resolution(s)
DICS Grading & Utilities -MVM Memo, Dubuque Industrial South Grading & Utilities - Staff Memo Dubuque Industrial South Grading & Utilities -
Resolution, Dubuque Industnal South Grading & Utilities - 01/19/2012 Council Dubuque Industrial South Grading & Utilities - Revised Notice to
Bidders, Proof of Publication - DICS 2012 Grading,
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. Retail Single -Use Plastic Bag Reporting Ordinance (Second Reading)
City Manager requesting approval of an Ordinance that will require retailers, based on size, to report their purchase and distribution of
plastic bags in order to measure community -wide progress towards the adopted goal of reducing single -use plastic bag use 90% by
2017 in Dubuque
ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 2
Establishments and Hotel Sanitation, by Adopting a New Section 6 -2 -2 Single -Use Plastic Bag Reduction
Suggested Disposition: Receive and File; Motion B; Motion A
Single Use Plastic Baq Reduction Ordinance -MVM Memo, Staff Memo , 7 5 11 Reduction Recommendation, Single Use Plastic Baq Reporting
Ordinance Draft Plastic Baq Reporting Form, Suggested Motion,
2. Carnegie -Stout Public Library Signs
The Carnegie -Stout Public Library and Historic Preservation Commission submitting recommendations regarding the Library's exterior
signage at the request of the City Council from the December 20, 2011 meeting
Suggested Disposition: Receive and File; Council
Library Memo, Histonc Preservation Commission Letter
3. A.Y. McDonald Contract with Iowa Economic Development Authority
City Manager recommending Council approval of a Financial Assistance Contract with the Iowa Economic Development Authority for
Iowa Values Funds and High Quality Jobs Program Financial Assistance benefits on behalf of A Y McDonald
RESOLUTION Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Economic Development
Authority, the City of Dubuque and A Y McDonald Mfg Co
Suggested Disposition: Receive and File; Adopt Resolution(s)
A Y McDonald Expansion -MVM Memo, Staff Memo, A Y McDonald -IEDA Resolution Financial Assistance Contract
4. Environmental Protection Agency (EPA) Green Infrastructure Program - Letter of Interest
City Manager recommending approval for the Mayor to execute a letter for the Environmental Protection Agency (EPA) Green
Infrastructure Program, which requests that the City of Dubuque be included in the EPA Green Infrastructure Program
Suggested Disposition: Receive and File; Approve
EPA Green Infrastructure Program -MVM Memo Staff Memo Mayor's Cover Letter, I &I Areas EPA Green Infrastructure Program Request for
Letters of Interest,
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