6 4 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 6/4/2012
Sutton, Brag, Buol, Connors, Jones, Lynch, Resnick
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street, Dubuque
June 4, 2012
Council meetings are video streamed live and archived at
wwwcdvofdubuaue ora /media and on Dubuque's CrtyChannel on the
Mediacom cable system at Channel (analog) and 97 2 (dlgdaf)
REGULAR SESSION
630 PM
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
1 Apples for Students Months (June /July 2012)
Apples for Students Proclamation
2 LGBT Pnde Month (June 2012)
LGBT P nde Proclamation
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent itemswill 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 like removedfromthe Consent Agenda for separate discussion and
consideration
1 Minutes and Reports Submitted
City Council proceedings of 5/21, Historic Preservation Commission of 5/17, Safe Community Task Force of 3/14
Proofs of publication for City Council proceedings of 5/7 and 5/8
Suggested Disposition Receive and Fde
City Counal Minutes 5/21 Histonc Preservation Minutes 5/17 Safe Community Minutes 3/14 Proof - Counal Proceedinas of
5/7/12 P roof - Counal P roceedi nas of 5/8/12
2 Grand Opera House
Correspondence from Paul Hemmer, Executwe Director of the Grand Opera House, thanking the Arts and Cultural
AffairsAdvisory Commission for special project and operational support grant funding
Suggested Disposition Receive and Fde
Grand Opera House Letter
3 Arts and Cultural Affairs Advisory Commission
Communication from Commissioner Gen Shafer regarding her decision not reapply to the Arts and Cultural Affairs
Athusoiy Commission
Suggested Disposition Receive and Flle
Shafer Letter,
4 TS Business Group, LLC - Grant of Easement for Fioodwall Improvements
City Manager recommending acceptance of the Grant of Easement from TS Business Group for Floodwall
Improvements behind 1 701 Pennsylvania Avenue
RESOLUTION Accepting the Grant of Easement for floodwall improvements over and across part of Lot 2 of Lot 2 of
the Southeast 1/4 of the Southeast 1/4 of Section 21, T89N, R2E 5th P M in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Accept Grant of Easement for Floodwall Improvements -MVM Memo Floodwall Improvements - Staff Memo, Floodwall
Improvements - Resolution Floodwall Improvements - Vicinity Map Floodwall Improvements - Grant of Easement
5. Dubuque Regional Airport - New Passenger Terminal Site Work
City Manager recommending approval to move $28,462 in Operating Funds to this Capital Project to increase the local
match to include a 15% contingency
Suggested Disposition: Receive and File; Approve
Airport New Terminal Facility Site Work -MVM Memo, Staff Memo ,
6. Intermodal Transportation Campus - Consultant for Design Phase
City Manager recommending authorization to negotiate a contract with Neumann Monson for the multi- phased final
design and for construction oversight of an Intermodal Transportation Campus in the Historic Millwork District
Suggested Disposition: Receive and File; Approve
Authonze Final Design Contract for Intermodal Campus -MVM Memo, Staff Memo, Proposal
7. Authorized Depository Institutions
City Manager recommending approval of a resolution increasing the maximum balance of City funds allowed to be
deposited in Dubuque Bank and Trust to $60,000
RESOLUTION Naming depositories
Suggested Disposition: Receive and File; Adopt Resolution(s)
Authonzrnq Depository Institutions, Staff Memo , Resolution,
8. Circles Program Contract - Move the Mountain Contract
City Manager recommending approval of a contract with Move the Mountain for services for the July 2012 - June 2013
contract year, at a cost of $5,600
Suggested Disposition: Receive and File; Approve
Circles Program Contract with Move the Mountain -MVM Memo, Staff Memo and Contract,
9. Dubuque Soil and Water Conservation District Contract Amendment
City Manager recommending approval of an amended contract with the Dubuque Soil and Water Conservation District
for the Catfish Creek Watershed Management Authority
RESOLUTION Approving a contract amendment for watershed planning between the City of Dubuque, Iowa, and the
Dubuque Soil and Water Conservation District
Suggested Disposition: Receive and File; Adopt Resolution(s)
Dubuque Soil & Water Conservation Distnct Amendment -MVM Memo, Staff Memo, Resolution , Amended Contract,
10. Mediacom Communications Company
Correspondence from Lee Grasely, Senior Manager for Government Relations for Mediacom Communications
Company informing the City of programming changes as of June 18, 2012
Suggested Disposition: Receive and File
Mediacom Letter,
11. Dubuque Industrial Center South - Grading & Utilities Bid Rejection
City Manager recommending rejection of all competitive bid proposals and that the City Council authorize staff to
immediately re -bid the project and authorize the City Clerk to advertise for proposals
RESOLUTION Rejecting all competitive bid proposals received for the Dubuque Industrial Center South Grading and
Utilities - 2012 Project, Phase I and directing the City Clerk to re- advertise for the project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Dubuque Industrial Center South Grading & Utilities -MVM Memo, Staff Memo, IIW Letter, Resolution , Notice to Bidders,
12. Federal Emergency Management Agency (FEMA)
City Manager recommending approval for the City of Dubuque to proceed through the review and appeal procedures
as outlined in the letter received from the Federal Emergency Management Agency (FEMA) dated May 4, 2012
Suggested Disposition: Receive and File; Approve
FEMA Correspondence Regarding City Flood Maps -MVM Memo, Staff Memo, FEMA Correspondence,
13. Sustainable Dubuque Project Status Report
City Manager transmitting the Sustainable Dubuque monthly project status update for May 2012
Suggested Disposition: Receive and File
May Sustainable Dubuque Report-MVM Memo, Staff Memo, May Report
14. Gavilon Grain, LLC - Salt Handling Contract
City Manager recommending approval of a salt handling contract with Gavilon Grain, LLC for the 2012 -13 season
Suggested Disposition: Receive and File; Approve
Gavilon Salt Handling Contract -MVM Memo, Staff Memo, Salt Handling Agreement,
15. Iowa Department of Transportation (IDOT) -Grade Crossing Surfacing Repair Agreement
City Manager recommending approval of the State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement
between the Canadian Pacific Railway d /b /a Dakota, Minnesota & Eastern Railroad Corporation, Iowa Department of
Transportation, and the City of Dubuque for the East 16th Street railroad crossing
RESOLUTION Approving State of Iowa Federal -Aid Grade Crossing Surface Repair Agreement for the construction of
surface improvements at the railroad crossing located at East 16th Street (Agreement 376127D)
Suggested Disposition: Receive and File; Adopt Resolution(s)
Grade Crossing Surfacing Repair -E 16th Street -MVM Memo, Staff Memo, Resolution, Agreement,
16. Eide Bailly Audit Engagement Agreement
City Manager advising that that the annual audit engagement letter to Eide Badly has been signed and is transmitting
information contained in the audit engagement letter
Suggested Disposition: Receive and File
Eide Badly Audit Engagement Agreement -MVM Memo, Staff Memo , Engagement Agreement Engagement Letter,
17. Smart Planning Consortium Update
City Manager transmitting an update to the City Council on the Dubuque County Smart Planning Consortium
Suggested Disposition: Receive and File
Smart Planning Consortium Update -MVM Memo, Staff Memo, Main Street Flier,
18. Southwest Arterial - AECOM Supplemental Agreement
City Manager recommending approval for the Mayor to execute the Consultant Professional Services - Supplemental
Agreement with AECOM Technical Services, Inc for the final engineering design phase of the Southwest Arterial,
subject to the concurrence of the Iowa Department of Transportation
RESOLUTION Approving the Consultant Professional Services Supplemental Agreement No 11 between AECOM
Technical Services, Inc and the City of Dubuque for the final engineering design phase of the Southwest Arterial
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Southest Artenal AECOM Supplemental Agreement -MVM Memo Staff Memo, Resolution Exhibit
19. Sunset Ridge Reconstruction - Project Acceptance
City Manager recommending acceptance of the improvements, establish the final contract at $1,225,080 15 and adopt
the Final Schedule of Assessments for the Sunset Ridge Reconstruction Project
RESOLUTION Accepting the Sunset Ridge Reconstruction Project and authorizing the payment of the contract amount
to the contractor
Removed
RESOLUTION Adopting the final assessment schedule for the Sunset Ridge Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sunset Ridge Reconstruction- Acceptance - MVM Memo, Sunset Ridge - Staff Memo Sunset Ridge - Acceptance Resolutions,
Sunset Ridge - Assessment Resolutions, Sunset Ridge - Final Schedule of Assessments, Sunset Ridge - Council Final
Exhibit,
20. Homelessness Prevention and Rapid Re- Housing Program (HPRP)
Correspondence from the U S Department of Housing and Urban Development (HUD) informing the City that it must
expend 100 percent of the Homelessness Prevention and Rapid Re- Housing Program (HPRP) grant by July 15, 2012
Suggested Disposition: Receive and File; Refer to City Manager
HUD HPRP Letter,
21. Healthy Homes and Lead Hazard Control Grant Quarterly Report
Correspondence from the U S Department of Housing and Urban Development (HUD) Office of Healthy Homes and
Lead Hazard Control informing the City that its program has received an overall rating of 100 out of 100 with a Green
designation for meeting and /or exceeding most primary benchmarks
Suggested Disposition: Receive and File
HUD Healthy Home Letter
22. Economic Development Administration Disaster Grant - Bee Branch Creek Restoration
City Manager recommending that the City submit a $4 million grant request to the U S Economic Development
Administration for the Bee Branch Creek Restoration Project
RESOLUTION Approving an application for flood disaster funding to the EDA for the Bee Branch Creek Restoration
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
EDA Disaster Grant for Bee Branch Creek Restoration -MVM Memo, EDA Disaster Grant for Bee Branch Memo, EDA Disaster
Letter, EDA Disaster Grant Resolution Bee Branch Cost Estimate,
23. Signed Contracts
A) Dubuque County Elections Lease, B) Twilight River Boat Docking Agreement
Suggested Disposition: Receive and File
Dubuque Co Elections Lease, Twilight Dockmq Agreement,
24. Business License Refunds
Request for liquor license refunds for The Twisted Pickle, LLC in the amount of $211 25, and The District, Inc in the
amount of $422 50
Suggested Disposition: Receive and File; Approve
Business License Refunds,
25. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted
RESOLUTION Approving 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
RESOLUTION Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A 47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo, Police Memo, Tobacco Resolution, Liquor Resolution,
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.
Arts and Cultural Affairs Advisory Commission Changed
Three 3 -year terms through June 30, 2015 (Expired terms of Henkels, Steffen and Shafer)
Specialized Positions
• 2 Business /Professional representatives (one living /working withing the Cultural District)
• 1 At -Large living /working outside the Cultural District
Applicants
Ellen Henkels, 890 W 3rd Street
Qualifies for all 3 positions
John Keith King, 489 W 4th Street
Qualifies for both Business/Professional positions
Julie Steffen, 2260 Coates Street
Qualifies for all 3 positions
Vince Williams, 3965 Creston Street
Qualifies for At -Large Position
Civic Center Advisory Commission
One 3 -year term through June 29, 2015 (Expired term of Parks)
Applicant Bryce Parks, 2005 N Main Street
Historic Preservation Commission
One 3 -year term through July 1, 2015 (Expired At -Large term of Bichell)
Applicant Mary Loney Bichell, 595 W 11th Street
This commission is subject to the State of Iowa Gender Balance Law This application is compliant with the gender
requirement
Investment Oversight Advisory Commission
Two 3 -year terms through July 1, 2015 (Expired terms of Chalmers and Simonson)
Applicants
Brad Chalmers, 1095 W 3rd Street
John Keith King, 489 W 4th Street
Ashlie Simonson, 44 S Algona Street
Library Board of Trustees - Mayoral Appointment
Two 4 -year terms through July 1, 2016 (Expired terms of Connors and Anderson - Bricker)
Applicants
John Anderson - Bricker, 903 Merz Street
Paula Connors, 818 S Grandview Avenue
John Pregler, 1525 Pego Court (Mr Pregler currently serves on the Long Range Planning Advisory Commission)
This commission rs subject to the State of Iowa Gender Balance Law and requires an appointment from each gender to
maintain balance
Long Range Planning Advisory Commission
Two 3 -year terms through July 1, 2015 (Expired terms of Darter and Pregler)
Applicants
Chad Darter, 2544 Matthew John Drive
John Pregler, 1525 Pego Court
Park and Recreation Commission
One 3 -year term through June 30, 2015 (Expired term of Blocker)
Applicant Robert Blocker, 880 Kane Street
Transit Advisory Board
One 3 -year term through July 30, 2015 (Expired term of Esser)
Applicant Matthew Esser, 90 Main Street
Appointment to the following commission to be made at this meeting:
Human Rights Commission
One 3 -year term through January 1, 2013 (Vacant term of Ronek)
Applicant Andrea Helgager, 40 Main Street
This commission is subject to the State of Iowa Gender Balance Law This appointment is compliant with the gender
requirement
Boards Overview Sheet Boards Latest Listing, Arts Commission Applications, Civic Center Applications Historic Preservation
Applications, Human Rights Application Investment Oversight Applications, Library Board Applications, Long Range Ping
Applications, Park and Rec Applications, Transit Board Applications, Gender Balance - City Breakdown, Gender Balance Law,
Gender Balance Q &A Sheet
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. Loras College Parkway - Grading /Paving, Public Hearing & Award
Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract
and estimated cost for the Loras Parkway Project, authorize the City Manager to execute the Subgrantee Agreement,
and award the project to Horsfield Construction, Inc in the amount of $483,757 45 subject to the approval of the Iowa
Department of Transportation
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Loras Parkway Project
(Iowa DOT Project No TCSP- PA27(003)-- 9S -31)
RESOLUTION Approving a Subgrantee Agreement between the City of Dubuque and Lora College for the Loras
College Parkway PCC Pavement - Grade and Replace Project (Iowa DOT Project No TCSP- PA27(003)-- 9S -31)
RESOLUTION Awarding Public Improvement Contract for the Lora Parkway PCC Pavement - Grade and Replace
Project (Iowa DOT Project No TCSP- PA72(003)-- 9S -31)
Suggested Disposition: Receive and File; Adopt Resolution(s)
Loras Parkway Public Heannq -MVM Memo, Loras Parkway - Council Public Heannq, Subbrantee & Award Memo, Loras
Parkway - Public Hearing Resolution Loras Parkway - Subgrantee Resolution, Loras Parkway - Subgrantee Agreement,
Loras Parkway - Award Resolution,
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. Cookin' Something Up - Alcohol Compliance Violation Hearing
Assistant City Attorney Crenna Brumwell to conduct a civil penalty hearing on the second alcohol compliance violation
by Cookin' Something Up,
Suggested Disposition: Receive and File: Conduct Hearing; Council
Onginal Notice of Violation Notice and Order Settmq Heannq,
2. Convention and Visitors Bureau Quarterly Report
Director Keith Rahe to provide an update on the activities of the Dubuque Convention and Visitors Bureau
Suggested Disposition: Receive and File
CVB Report,
3. Demolition Permit Appeal -1760 Jackson Street
City Manager recommending approval to issue a demolition permit at 1760 Jackson Street in response to an appeal to
City Council by Ted Stack's regarding the Historic Preservation Commission's denial of the permit
Suggested Disposition: Receive and File; Council
1760 Jackson Street Appeal of Denial of Demolition Permit -MVM Memo, Legal Memo, Planning Memo, Histonc Preservation
Minutes 5/17/12, Staff Matenals
4. Sale of Bonds - Taxable General Obligation Bonds Series 2012C and General Obligation Bonds Series 2012D
City Manager advising that the results of the sale of 6,965,000 Taxable General Obligation Bonds Series 2012C and
$7,595,000 General Obligation Bonds Series 2012D will be brought to the June 4, 2012 City Council meeting for
approval
RESOLUTION Directing the sale of Taxable General Obligation Bonds Series 2012C
RESOLUTION Directing the sale of General Obligation Bonds Series 2012D
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sale of Senes 2012C and 2012D GO Bonds -MVM Memo, Resolutions, Bond Counsel Letter, Moody's Investor Service Bond
Rating Report,
5. Appeal of Sidewalk Installation - 449 Lowell Street
Correspondence from Rod and Sharron Chapman appealing the City's requirement for a sidewalk at 449 Lowell Street
Suggested Disposition: Receive and File; Council
Chapman Letter, Chapman Photos, Original Staff Documentation
6. Heartland Financial USA, Inc.
City Manager recommending approval of a resolution authorizing the submission of a Financial Assistance application
to the Iowa Economic Development Authority on behalf of Heartland Financial USA, Inc
RESOLUTION Authorizing the filing of a State of Iowa Financial Assistance application on behalf of Heartland
Financial USA, Inc
Suggested Disposition: Receive and File; Adopt Resolution(s)
Heartland Financial Assistance Application -MVM Memo Staff Memo Resolution, Financial Assistance Application,
7. Catfish Creek Watershed Management Authority - Representatives Selection Process
City Manager transmitting recommendations for the selection process for City of Dubuque representatives, in
accordance with the approved 28E agreement for the Catfish Creek Watershed Management Authority for City Council
review and approval
Suggested Disposition: Receive and File; Council
Caffish Creek Watershed Management Authority Representatives -MVM Memo, Staff Memo, Supporting Documents,
8. Upper Central Avenue Commercial Historic District
Historic Preservation Commission recommending approval of the Upper Central Avenue Commercial Historic District
review criteria and nomination to the State Nominations Review Committee
Suggested Disposition: Receive and File; Council
Council Letter, Nomination Part 1, Nomination Part 2,
9. Wilmac Property Group - Multi - Family Rental Unit Production Round 4 Application
City Manager recommending approval of an application for a Community Development Block Grant (CDBG) Multi -
Family Rental Unit Production - Round 4 funding to create multi - family rental units in the Betty Building located at 901
Jackson Street in the Historic Millwork District
RESOLUTION of Support to the Iowa Economic Development Authority, on behalf of Tim McnamaraNVilmac Property
Group for submittal of an application for a CDBG Disaster Multi - Family Unit Production Round 4 Application
Suggested Disposition: Receive and File; Adopt Resolution(s)
NP4 Application on behalf of wlmac Property -MVM Memo Staff Memo Resolution, Multi - Family Rental Unit Production
Round 4 Application,
10. Iowa Finance Authority - Novelty Iron Works
City Manager recommending approval to pursue a $4 5 million low- interest loan from the Iowa Finance Authority to
assist the Novelty Iron Works project, 333 E 10th Street, in the Historic Millwork District
Suggested Disposition: Receive and File; Approve
Iowa Finance Authority Letter on Behalf of Novelty Iron Works -MVM Memo Staff Memo Letter to I FA, Caradco Landlord, LLC
Memo,
11. Request for Qualifications - Site Selection Study and Environmental Analysis for a Bus Storage and
Maintenance Facility
City Manager recommending Council approval to distribute a Request for Qualifications for services required to do a
site selection study and environmental analysis for a bus storage and maintenance facility
Suggested Disposition: Receive and File; Approve
Intermodal Site Selection for Bus Facility RFP -MVM Memo, Staff Memo, Rendennq, RFQ Document,
12. Stormwater Management Utility Fee for Fiscal Year 2013
City Manager recommending an amendment to the City of Dubuque Code of Ordinances amending the Stormwater
Management Utility Fee which will maintain the rate of $5 60 per month at least through June 30, 2013
ORDINANCE Amending City of Dubuque Code of Ordinances Section 13 -4 -5 (D) SFU Rate, Charges, Utility Revenues
Suggested Disposition: Receive and File; Motion B; Motion A
FY13 Stormwater Management Utility Fee Rate Change -MVM Memo, Staff Memo, Ordinance, Suggested Motion,
13. City Wide Water Meter Replacement and Unmeasured Flow Reducer (UFR) Installation Program - Project
Acceptance
City Manager recommending acceptance of the City Wide Water Meter Replacement and Unmeasured Flow Reducer
(UFR) Installation Project, as completed by Northern Water Works Supply, in the final contract amount of $7,324,285
RESOLUTION Accepting the City of Dubuque, Iowa, Water Meter Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Final Acceptance of City Wide Water Meter Replacement -MVM Memo Staff Memo Exhibits I - IV Exhibit V, Exhibit VI
Resolution,
14. Iowa WORKS - Region 1 Workforce Investment Board (RWIB)
Communication from Dave Leary, Region 1 Director for IowaWORKS, Northeast Iowa, requesting nominations to fill a
vacancy that exists on the Region 1 Workforce Investment Board (RWIB) historically held by a member of the Dubuque
City Council
Suggested Disposition: Receive and File; Council
RWIB Letter, RWIB Resume Form, RWIB Membership Document,
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
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa