8 6 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 8162012
Buol, Connors, Jones, Lynch, Resnick, Sutton, Braig
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
August fi, 2012
Council meetings are video streamed live and archived at
wwwcdvofdubuaue ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel (analog) and 97 2 (digital)
REGULAR SESSION
630 PM
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
1 Tour de Dubuque Ride for Hospice
Tour de Dubuque Ride for Hospice 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 liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the temyou would like removedfromthe Consent Agenda for separate discussion and
consideration
1 Minutes and Reports Submitted
Cable TV Commission of 616, City Council Proceedings of 7/16, Civic Center Adv isory Commission of 3/5, Civil Service Commission of
7/12, Dubuque County Emergency Management Commission of 511, Historic Preservation Commission of 7119, Housing Commission
of 6126, Human Rights Commission of 6118, Sister City Relationships Advisory Commission of 7/18, Zoning Advisory Commission of
7/5, Proof of Publication for City Council Proceedings of 6127 and 712
Suggested Disposition Receive and File
Cable T V Minutes 6B Citv Council Proceedings 7/16, Cimc Certer Minutes 3i5 Simi Sen/me Minutes 7tI 2 Dubuque Co FMA Minutes SM
Histnrir. Preservation Minutes 7/19, Housing Commission Minutes 6/26 Human RiahtsMinutes 6M15, Sister City Minutes 7/18 inning Advisory
Minutes 715• proof - City Council Proceedings 607. p roof - City Crowd Prnneedinns 70
2 Notice of Clams and Suits
Bill and Laura Merritt forvehicle damage, Jennifer Sheldon for property damage
Suggested Disposition Recenre and Fula Refer to City Attorney
Merrit Claim Sheldon Claim
3 Disposdion of Claims
Coy Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
CommuntiesAssurance Pool Bill and Laura Merritt forvehicle damage, Jennifer Sheldon for property damage
Suggested Disposition Reserve and File; Concur
ICAP Claims
4 Smarter Cities Pioneers
Correspondence fromJanet Ang, Managing Director of IBM /Singapore, thanking Mayor Buol for his participation in the Evening wth
SrnefterC.Q.es Pioneers held Juy 3, 2012 in Singapore
Suggested Disposition Receive and File
IBM Singapore Letter,
5. Bell Tower Theater
Correspondence from the Bell Tower Theater thanking the City Council for the 2013 Arts and Culture Grant award for Special Projects
Suggested Disposition: Receive and File
Bell Tower Theater Letter,
6. Civil Service Commission
Civil Service Commission submitting the certified lists for Golf Course Supervisor and Water Plant Operator
Suggested Disposition: Receive and File; Make Matter of Record
Golf Course Supervisor List, Water Plant Operator List,
7. Cable TV Commission
Commissioner George Herrig submitting his resignation from the Cable TV Commission
Suggested Disposition: Receive and File; Accept Resignation
Hernq Resignation Letter,
8. Comm unity Development Advisory Com mission
Commissioner Abbey Smith submitting her resignation from the Community Development Advisory Commission due to a change in
residency
Suggested Disposition: Receive and File; Accept Resignation
Smith Resignation Letter
9. 7th Street Retaining Wall Repair - Project Acceptance
City Manager recommending acceptance of the construction contract for the 7th Street Retaining Wall Reconstruction Project, as
completed by Portzen Construction, Inc
RESOLUTION Accepting the 7th Street Retaining Wall Reconstruction Project and authorizing the payment of the contract amount to
the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
7th Street Retaining Wall Repair Acceptance -MVM Memo, Memo, Resolutions Council Final Payment Form
10. Request for Proposals - 911 Center Needs Assessment
City Manager recommending approval of the release of a Request for Proposal for the 911 Center Needs Assessment
Suggested Disposition: Receive and File; Approve
911 Center Needs Assessment RFP -MVM Memo, Staff Memo , RFP Document,
11. Dubuque Regional Airport T- Hangar Paving
City Manager recommending approval to transfer $3,100 in operating funds to the Dubuque Regional Airport T- Hangar Paving capital
improvement project for the local 5% match in the event it is needed
Suggested Disposition: Receive and File; Approve
Airport T- Hangar Paving Change Order -MVM Memo, Staff Memo ,
12. Mediacom
Correspondence from Lee Grassley, Senior Manager of Government Relation for Mediacom informing the City of rate adjustments to
be implemented on or about September 1, 2012
Suggested Disposition: Receive and File
Mediacom Letter,
13. License Agreement - Stone Cliff Winery
City Manager recommending approval to renew the License Agreement with Stone Cliff Winery through August 31, 2015
Suggested Disposition: Receive and File; Approve
Stone Cliff Winery License Agreement -MVM Memo, Staff Memo License Agreement with Stone Cliff Winery
14. City Clerk Salary Compensation
Fiscal Year 2012 City Clerk salary compensation submitted for approval
Suggested Disposition: Receive and File; Approve
City Clerk Salary Compensation Memo
15. Dubuque Area Convention and Visitors Bureau
Dubuque Area Convention and Visitors Bureau (CVB) submitting the minutes from the CVB Advisory Board meeting of July 19, 2012
Suggested Disposition: Receive and File
CVB Advisory Board Minutes,
16. Dubuque County Smart Planning Consortium Update
City Manager transmitting an update on the work of the Dubuque County Smart Planning Consortium on the draft Dubuque County
Regional Smart Plan for sustainable development and upcoming public input meetings
Suggested Disposition: Receive and File
Smart Planning Consortium Update -MVM Memo Staff Memo
17. Dubuque Jaycees! Radio Dubuque -2013 Fireworks Request
Correspondence from Thomas Parsely, General Manager of Radio Dubuque, requesting permission to conduct a fireworks display on
Tuesday, July 3, 2013 from 9 00 p m to 10 30 p m on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4,
2013
Suggested Disposition: Receive and File; Approve
Radio Dubuque Letter,
18. Request to Accept Donation of 735 Caledonia Place
City Manager recommending approval to accept the as is" donation of 735 Caledonia Place from the Robert Lammers Estate, which
will be used as an addition to Hilltop Park
Suggested Disposition: Receive and File; Approve
Donation of 735 Caledonia -MVM Memo, Staff Memo Donation Proposal from Lammer's Estate Photos Aerial and Topo of 735 Caledonia
19. Madison Street Retaining Wall Repair - Project Acceptance
City Manager recommending acceptance of the construction contract for the Madison Street Retaining Wall Repair Project, as
completed by McAuliffe Excavating, Inc
RESOLUTION Accepting the Madison Street Retaining Wall Repair Project and authorizing the payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Madison Street Retaining Wall Repair Acceptance -MVM Memo, Memo, Resolutions, Final Payment Form, Council Final Payment Form,
20. Stipulation of Settlement - Property Tax Appeal
City Attorney recommending approval of the Stipulation of Settlement for Oak Park Place, LLC 2010 -2012 property tax appeals
Suggested Disposition: Receive and File; Approve
Taxing Bodies Letter, 2011 Stipulation of Settlement - Case No 744, 2011 Notice of Voluntary Settlement - Case No 744, 2011 Stipulation of
Settlement - Case No 745, 2011 Notice of Voluntary Settlement - Case No 745 2010 Stipulation of Settlement - Case No 959, 2010 Notice of
Voluntary Settlement - Case No 959 2010 Stipulation of Settlement - Case No 960, 2010 Notice of Voluntary Settlement - Case No 960,
21. Sister City Relationships Advisory Commission
Commissioner Jill Connors submitting her resignation from the Sister City Relationships Advisory Commission
Suggested Disposition: Receive and File; Accept Resignation
Connors Resignation Letter,
22. Project HOPE Core Committee
Correspondence from Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, submitting the
meeting minutes for the Project HOPE Core Committee of July 19, 2012
Suggested Disposition: Receive and File
Protect Hope Core Committee Minutes,
23. Purina Drive Weigh Scale House - Project Acceptance
City Manager recommending acceptance of the Purina Drive Weigh Scale House Project, as completed by Stumpf Construction
RESOLUTION Accepting the Purina Drive Weigh Scale House Building Project and authorizing the payment of the final contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Punna Drive Weigh Scale House Acceptance -MVM Memo, Staff Memo Resolution,
24. Tower Lease Agreement - Dubuque County 911 and Radio Dubuque, Inc.
City Manager recommending approval of a Tower Lease Agreement between the City of Dubuque, the Dubuque County Joint E911
Board and Radio Dubuque, Inc to locate Emergency Communications radio and Police MCT radio equipment on the Radio Dubuque,
Inc tower
Suggested Disposition: Receive and File; Approve
Tower Lease Agreement with Radio Dubuque -MVM Memo, Staff Memo Lease Agreement Copy,
25. 2012 Justice Assistance Grant (JAG) Application
City Manager recommending approval of the 2012 Justice Assistance Grant (JAG) application
Suggested Disposition: Receive and File; Approve
2012 JAG Award Acceptance -MVM Memo, Staff Memo , Copy of Acceptance Documents,
26. InterCity Bus Grant Application
City Manager recommending approval to submit an application to the Iowa Department of Transportation Office of Public Transit for an
Intercity Bus Assistance Program grant to help with the build -out of the intercity bus portion of the I ntermodal Center/Terminal
Suggested Disposition: Receive and File; Approve
InterCity Bus Grant Application -MVM Memo, Staff Memo, Authonzmg Resolution, Application,
27. Beneficial Reuse Management, LLC - Handling Agreement
City Manager recommending approval of a storage and handling agreement with Beneficial Reuse Management, LLC to store gypsoil
in the industrial riverfront area
Suggested Disposition: Receive and File; Approve
Beneficial Reuse Management Handling Agreement -MVM Memo, Staff Memo, Beneficial Reuse Management Agreement
28. Gavilon Grain, LLC - Salt Handling Contract
City Manager recommending approval of a salt handling contract with Gavilon Grain, LLC for the 2012 -2013 season
Suggested Disposition: Receive and File; Approve
Gavilon Grain Handling Contract -MVM Meo, Staff Memo, Gavilon Grain Handling Contract,
29. Quarterly Investment Report
City Manager transmitting the June 30, 2012 Quarterly Investment Report
Suggested Disposition: Receive and File
June 30, 2012 Quarterly Investment Report-MVM Memo Staff Memo Cash Investments and Investment Earnings Summary, Schedule of City
Funds Monthly Investment Summary Schedule of Certificates of Deposit and Accrued Interest
30. Request for Proposals - Dubuque Regional Airport Utilities Extension
City Manager recommending authorization to release a Request for Proposal for the Design of the Utility Extensions to the Dubuque
Regional Airport
Suggested Disposition: Receive and File; Approve
Dubuque Regional Airport RFP -MVM Memo, Staff Memo, Proposal,
31. Mentor Engineering, Inc. - Contract Amendment
City Manager recommending approval of an amended contract with Mentor Engineering, Inc for ITS equipment purchase and
installation for The Jule
Suggested Disposition: Receive and File; Approve
Amendment to Contract with Mentor Engineermq -MVM Memo, Staff Memo, Amended Contract,
32. Improvement Contracts 1 Performance, Payment and Maintenance Bonds
Heiar Brothers Fencing contract for the Murphy Park Fencing Project
Suggested Disposition: Receive and File
Heiar Brothers Contract,
33. Signed Contracts
Strand Associates Change Order No 16 for the Water Pollution Control Plant Modifications Project, Ted Stack's Construction
Quotation for the Fire Hydrant Painting Program Phase II , Towing Services Contract Extension with Wenzel Towing
Suggested Disposition: Receive and File
Strand Change Order No 16, Ted Stack's Construction Quotation, Wenzel Towing Contract Extension
34. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine 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
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. Downtown Urban Renewal District Amendment
City Manager recommending adoption of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for
the Greater Downtown Urban Renewal District to expand the District to include the area generally known as North Kerper Boulevard
and that a public hearing on the proposed amendment be set for October 1, 2012
RESOLUTION of Necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of
an Economic Development Area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the
residents of the City of Dubuque, Iowa
Suggested Disposition: Receive and File: Adopt Resolutions, Public Hearing 1011112
Greater Downtown Urban Renewal District Potential Expansion -MVM Memo Staff Memo Resolution, Expansion Map
2. Sale of Property - 1777 Washington Street
City Manager recommending setting a public hearing for August 20, 2012, on the sale of 1777 Washington Street to Alberto Luna
RESOLUTION of Intention to Dispose of City -owned property, specifically, Lot 2 of Lot 2 of the East 1/2 of Lot 90, and Lot 1 of Lot 1 of
the East 1/2 of Lot 91, in East Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof - 1777
Washington Street
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8120112
Sale of Property at 1777 Washington Street -MVM Memo, Staff Memo, Resolution,
3. Sale of Property - 2312 Washington Street
City Manager recommending setting a public hearing for August 20, 2012, on the sale of 2312 Washington Street to Judie E Root
RESOLUTION of intention to dispose of City -owned property, Lot 1 Bee Branch Sub No 4, in the City of Dubuque, Iowa, according to
the recorded plat thereof - 2312 Washington Street
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8/20/12
Sale of Property at 2312 Washington Street -MVM Memo, Staff Memo, Resolution,
4. Vacating Petition - 2500 Kerper Blvd.
City Manager recommending approval of a request to vacate a portion of Kerper Blvd abutting Key City Plating at 2500 Kerper Blvd for
a purchase price of $3,915, plus platting, publication and filing fees, and recommends that a public hearing be set for August 20, 2012,
on the disposal of this property
RESOLUTION Approving a plat of the proposed vacating of a portion of Kerper Boulevard
RESOLUTION of Intent to vacate and dispose of city interest in a portion of Kerper Boulevard, to be known as Lot 2A of McGraw -Hill
Key City Plating Re -Plat in the City of Dubuque, Dubuque, County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 8120/12
Vacate Kerper Boulevard at Key City Plating -MVM Memo, Staff Memo, Resolution Approving Plat, Resolution of Intent to Vacate, Map, Plat,
Owner Letter,
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.
Airport Com mission
One 4 -year term through September 14, 2016 (Expiring term of Wagner)
Applicants
Amy Wagner, 4555 Camelot Dr
Robert J Blocker, 880 Kane St
This commission is subject to the State of Iowa Gender Balance Law See current City gender breakdown
Historic Preservation Commission
Three 3 -year terms
• One Architect At -Large term (vacant term of Wand effective September 1, 2012) through July 1, 2014
• One At -Large term (expired term of Krueger) through July 1, 2015
• One Cathedral District term (vacant interim term of Krey) through July 1, 2014
Applicants
Otto Krueger, 2521 Wheatland Drive (qualifies for At -Large or Interim Cathedral District)
Julie Schlarman, 1599 Bluff St (qualifies for At -Large or Interim Cathedral District)
Benjamin Beard, 1854 Churchill St (qualifies for all three positions)
Christina Monk, 2005 North Main St (qualifies for all three positions)
This commission is subject to the State of Iowa Gender Balance Law
Gender balance is contingent upon the gender selected for the Architect At -Large position
Housing Commission
Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and Vacant term of Ronek)
Applicants
Dorothy Culbertson, 2095 University Ave
Anna S Fernandes, 2191 Broadlawn Rd
Jim Holz, 3010 Indiana Court
Boards and Commissions Overview, Boards Latest Listing, Airport Commission Applications, Histonc Preservation Commission Applications,
Housing Commission Applications, Gender Balance Law Gender Balance - City Breakdown, 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. 5 Points Signal Reconstruction Project Rebid
Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost
for the 5 Points Traffic Signal Reconstruction Project and the City Manager recommending approval
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 5 Points Traffic Signal Reconstruction
Project - Rebid
Suggested Disposition: Receive and File; Adopt Resolution(s)
5 Points Traffic Signal Reconstruction Rebid -MVM Memo, Memo, Resolutions Proof of Publication,
2. ARC Transfer Center Phase I Project
City Manager recommending approval of the plans, specifications, form of contract and the estimated cost for the ARC Transfer Center
Phase I project
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the ARC Transfer Center Phase I Canopy -
2012 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
ARC Transfer Center RFB -MVM Memo Staff Memo Resolution, Agenda Information July 16,
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. Automated Traffic Enforcement (Second Reading)
City Manager recommending approval of Automated Traffic Enforcement for the City of Dubuque
City Manager Michael Van Milligen and Police Chief Mark Dalsing to make a presentation on Automated Traffic Enforcement
Citizen Petition requesting a referendum on Automated Traffic Enforcement
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic by adding a New Chapter 17
Automatic Traffic Enforcement, Providing for Automatic Traffic Enforcement and Establishing Penalties for Violations
Suggested Disposition: Receive and File; Motion B; Motion A
Automated Traffic Enforcement Ordinance Amended Language -MVM Memo Staff Memo Ordinance - Amended, Ordinance - Redlined
Version, Response to Questions Raised at July 16 2012 City Council Meetinq -MVM Memo, Response to Questions Raised at July 16 2012
City Council Meeting - Chief Dalsinq Memo, ATE Misunderstandings, ATE Frequently Asked Questions, ATE IDOT Guidelines, ATE Citizen
Communications, ATE Citizen Referendum Petition Part I, ATE Citizen Referendum Petition Part II July 16 ATE MVM Memo July 16 ATE Staff
Memo, July 16 ATE Ongmal Ordinance, July 16 ATE Staff Slide Presentation, July 16 ATE Citizen Petition, July 16 ATE Staff Attachment I, July
16 ATE Staff Attachment II, July 16 ATE Staff Attachment III, July 16 ATE Staff Attachment IV, July 16 ATE Staff Attachment V, July 16 ATE
Staff Attachment VI July 16 ATE Staff Attachment VII July 16 ATE Staff Attachment VIII, July 16 ATE Staff Attachment IX,
2. Meter District Amendment - Historic Millwork District
City Manager recommending approval of an Ordinance expanding the Downtown Meter District to include White Street from 5th Street
to 11th Street on both sides, 8th Street both sides White Street to Washington, 9th Street both sides White Street to Elm Street, 10th
Street both sides from White Street to Elm Street, 11th Street both sides from White Street to Elm Street, Jackson Street both sides
from 8th Street to 11th Street, and Washington Street both sides from 8th Street to 11th Street
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14-
321 666 Municipal Parking Meter District Established by Expanding the Downtown Meter District
Suggested Disposition: Receive and File; Motion B; Motion A
Amendment to Meter Distnct -MVM Memo, Staff Memo, Ordinance, Meter District Amendment Map,
3. Request for Proposals - Financial Advisor
City Manager recommending approval of Piper Jaffray for financial advisor services for City of Dubuque in connection with issuing
bonds for future projects, bond refundings, and debt capacity, debt structuring and cashflow analysis
Suggested Disposition: Receive and File; Approve
Financial Advisor Services -MVM Memo, Staff Memo, Piper Jaffray Proposal, Request for Proposal,
4. Iowa Economic Development Authority (IEDA) and Rousselot, Inc. Contract
City Manager recommending approval of the submission of a Financial Assistance Application to the Iowa Economic Development
Authority on behalf of Rousselot, Inc
RESOLUTION Authorizing the filing of an application for state financial assistance on behalf of Rousselot, Inc
Suggested Disposition: Receive and File; Adopt Resolution(s)
Rousselot State Financial Assistance Application -MVM Memo, Staff Memo, Resolution Financial Assistance Application
5. Intermodal Transportation Design Award
City Manager recommending authorization to contract with Neumann Monson for the final design and for construction oversight of the
Intermodal Transportation Campus
Suggested Disposition: Receive and File; Approve
Intermodal Transportation Campus Consultant -MVM Memo, Staff Memo, Contract, Intermodal Exhibit A,
6. REAP Annual Plan, Representative, and Grant Application
City Manager recommending approval of the City of Dubuque's Fiscal Year 2013 update to the Dubuque County Resource
Enhancement and Protection (REAP) Plan and grant application for development of the E B Lyons Interpretive Area Addition at the
Mines of Spain
RESOLUTION Authorizing REAP grant application to the Iowa Department of Natural Resources for E B Lyons Interpretive Area
Addition at the Mines of Spain
Suggested Disposition: Receive and File; Adopt Resolution(s)
FY 2013 Dubuque County REAP Plan -MVM Memo Staff Memo, Resolution Grant Application, REAP Plan Questionnaire,
7. Mullen Road Name Change
Citizen correspondence related to changing the spelling of Mullen Road to Mullin Road
Suggested Disposition: Receive and File; Council
Mullen Road - Residents Letter Mullen Road - Mullin Letter, Mullen Road - Miehe Letter
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