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8 6 12 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, August 6, 2012, at 6:30 PM in the Historic Federal. Building for the purpose of conducting such business that may properly come before the Council. Consent Items: Pages 1 -4 Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 6, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor B Council Members Br i Con rs, Jo s Lyh, Rck, Su on; City Manager�dan Milligen, City Attorne indahl Absent: Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Tour de Dubuque Ride for Hospice &kikp /22742) 1 /, CONSENT ITEMS ' L t 1. Minutes and Reports Submitted Cable TV Commission of 6/6, City Council Proceedings of 7/16, Civic Center Advisory Commission of 3/5, Civil Service Commission of 7/12, Dubuque County Emergency Management Commission of 5/1, Historic Preservation Commission of 7/19, Housing Commission of 6/26, Human Rights Commission of 6/18, Sister City Relationships Advisory Commission of 7/18, Zoning Advisory Commission of 7/5, Proof of Publication for City Council Proceedings of 6/27 and 7/2 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Bill and Laura Merritt for vehicle damage, Jennifer Sheldon for property damage Suggested Disposition: Receive and File; Refer to City Attorney 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: Bill and Laura Merritt for vehicle damage, Jennifer Sheldon for property damage. Suggested Disposition: Receive and File; Concur 4. Smarter Cities Pioneers Correspondence from Janet Ang, Managing Director of IBM /Singapore, thanking Mayor Buol for his participation in the Evening with Smarter Cities Pioneers held July 3, 2012 in Singapore. Suggested Disposition: Receive and File Yays Nays Buol VConnors 1/ Jones zj i Lynch V Resnick Sutton I/ Braig 0'" 4fr- //aLGG $dv A44 r/, 444,e -y 2 I 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 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 7. Cable TV Commission Commissioner George Herrig submitting his resignation from the Cable TV Commission. Suggested Disposition: Receive and File; Accept Resignation 8. Community Development Advisory Commission 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 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 403 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) Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 3 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 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 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 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 v` ' 14. City Clerk Salary Compensation 1/ Fiscal Year 2012 City Clerk salary compensation submitted for approval. Suggested Disposition: Receive and File; Approve Yays Nays K Buol yr Connors Jones I/ Lynch 1/ Resnick j/ Sutton Braig ovm- 9/4,- 4 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 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 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 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 R berttammers Estate, which will be used as an addition to Hilltop Park. Jy Suggested Disposition: Receive and File; Approve Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 5 1 19. Madison Street Retaining Wall Repair - Project Acceptance City Manager is recommending acceptance of the construction contract for the Madison Street Retaining Wall Repair Project, as completed by McAuliffe Excavating, Inc. RESOLUTION 1/" 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) 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 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 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 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 6 23. Purina Drive Weigh Scale House - Project Acceptance City Manager recommending acceptance of the Purina Drive Weigh Scale House Project, as completed by tumpf Construction. RESOLUTION e/V✓ 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) 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 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 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 Intermodal Center/Terminal. Suggested Disposition: Receive and File; Approve Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 7 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 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 29. Quarterly Investment Report City Manager transmitting the June 30, 2012 Quarterly Investment Report. Suggested Disposition: Receive and File 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 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 32. Improvement Contracts / Performance, Payment and Maintenance Bonds Heiar Brothers Fencing contract for the Murphy Park Fencing Project Suggested Disposition: Receive and File Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig ■ 33. Signed Contracts Strand Associates Change Order No. 16 for the Water Pollution Control Plant Modifications Project, Ted Stackis Construction Quotation for the Fire Hydrant Painting Program Phase II , Towing Services Contract Extension with Wenzel Towing, Suggested Disposition: Receive and File 34. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses applications as submitted. RESOLUTION i 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) Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 9 ITEMS TO BE SET FOR PUBLIC HEARING Yays Nays t/ Buol V / Connors ;/ Jones V Lynch K Resnick 1/ Sutton 1�. Braig 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 ,F 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 10/1/12 2. Sale of Property - 1777 Washington Street City Manager recommends setting a public hearing be set for August 20, 2012, on the sale of 1777 Washington Street to Alberto Luna. RESOLUTION ,D 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'/ 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 8/20/12 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 Resolution of intention to dispose of City -owned property, Lot 1 Bee Branch Su . 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 10 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 Kerper Boulevard Approving a plat of the proposed vacating of a portion of RESOLUTION Resolution of intent to vacate and dispose of city interest in a portion of Kerper Bou evard, 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 8/20/12 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. 1. Airport Commission One 4 -year term through September 14, 2016 (Expiring term of Wagner) Applicants: Amy Wagner, 4555 Camelot Dr. Robert J. Blocker, 880 Kane St. re*, This commission is subject to the State of Iowa Gender Balance Law. 2. 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) V 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. 3. 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 12 { PUBLIC HEARINGS SUSPEND THE RULES Yays Nays Nays ✓ Buol Connors V , Connors p7 / Jones Resnick Lynch Sutton 1% Resnick Sutton Y Braig 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 a/ 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) Yays Nays Buol 1/ Connors V Jones 1/ Lynch Resnick Sutton Braig 1,#&— "ri/w — /7/y/7 /„ebt� J2h/ir� 7440-/Ae 13 I 2. ARC Transfer Center Phase I Project City Manager recommending approval of the plans, specifications, form of contract and the estimated cost of $298,357 for the ARC Transfer Center Phase I project. RESOLUTION 1 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) Yays Nays !/ Buol V Connors 1%. Jones 2/ Lynch j Resnick i/' Sutton , Braig Yays Nays V Buol V Connors Jones 2/ Lynch VResnick Sutton v'2 Braig REINSTATE THE RULES 14 ACTION ITEMS 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 reques g 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 Suspend the Readings Yays Nays Nays Buol Buol K"-- Connors Connors V Jones Jones i./ Lynch Lynch Resnick Resnick Sutton Sutton L/ / Braig Braig Yays Yays Nays Y Buol Buol K"-- Connors Connors V Jones Jones i./ Lynch Lynch Resnick Resnick Sutton Sutton L/ / Braig Braig Final Reading and Adopt Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig *ii/lia /94s / dydniM frftWZ-d - *A4' dv12/44 4/5M 17/: /2//0/,5•14 2,i2/4/14 - 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 an 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 Suspend the Readings Yays Nays ✓' Buol ViConnors 1/ Jones Lynch ✓ Resnick Sutton L'- Braig f, n heading and Ado Y ays Buol V Nay Co Mors ones Lynch Resnick Sutton 1/ Braig (ivm d,/?ixt-/F 1,67 */41, ,1/4 - 4/1-fri/A- aopoie_ tpl9ze -A ,P1Akt ?-;•/))6 */ 16 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 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig Final Reading and Ado Yays -ys Buol Conn ► s J • es ynch Resnick Sutton Braig ,i?wer,a ,)/7//y-=12F174 17 l 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 YaI Nays Buol // Connors Jones Lynch Resnick ✓a Sutton Braig 18 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; Yays N ys Buol Conno Jo s ynch Resnick Sutton Braig 19 ■ 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) Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 20 7. Mullen Road Name Change Citizen correspondence related to changing the spelling of Mullen Road to Mullin Road. Suggested Disposition: Receive and File;'C uReil- ' ? - ,au&LY ? &IY- ,- w //ir) Yays Nays Buol I/ V- Connors/ Jones a Lynch J Resnick Sutton y Braig Y (P/411 MA/ 24/4/1/lhr% 4/22097A Mad/45 ii ,e-or dm-1-( 514'7 jolq sin7 ) di/a/b)-6d;w9 oy," "e6. /26,0f- 4/6 a47 /041W, - 21 I. COUNCIL MEMBER REPORTS J. PUBLIC INPUT 1405' ,t(%A Zdi 60,(/e_ mk4,5,4 /244 56ae__ hkAw ?//. - fir4lk 447? 51zVi--e)-‘ 56/. 4(.4- /177/. 71 malt „5" 9/21 Atieima/,‘/e///iwief,e) K. ADJOURNMENT: �- lf�yfita 124 / h(97&t- 2271' 4-170f} 179} 414 fr j‘ic7v /244-Ub j/ii.0w4n,6, )4e7 �fC_ ize/sei, h‘et< fr 2 2 bffn 014 / le) 6v�g� L�16 wr om.e �� u�ai , ryki��i .(7/w/i4 41/y1 y7,7-q-/ivK -vide ipp iRa/'`Se'yQv��l/� ✓�I�'' #61gC -'14exittik (�T nef t"ra yl cl9