5 6 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 5/6/2013
Jones, Lynch, Resnick, Sutton, Braig, Buol, Connors
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street, Dubuque
May fi, 2013
Council meetings are video streamed live and archived at
www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 97.2 (digital).
WORK SESSION
5:00 PM
University of Iowa Initiative for Sustainable Communities
University of Iowa Initiative for Sustainable CommuniiesWork Session -MVM Memo Work Session Agenda
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open aswe endeavor to serve the common good.
SWEARING IN
Mayor Roy D. Buol to swear in Mayor Pro TemJoyce E. Connors.
PROCLAMATION(S)
1. Kids to Parks Day (May 18, 2013)
Kids to Parks Day Prodamation,
2. Municipal CI pries Week (May 5 -11, 2013)
MI II-liana! ClerksVVVPf: Prnrlamatinr)
3. Nursing Home Week (May 12 -18, 2013)
Nursing Home Week Proclamation
4. Bike toWork Week (May 13-17, 2013)
Bike to Work Week Prodamation,
5. Preservation Month (May 2013)
preservation Month Proclamation
6. Mental Health Month (MW 2013)
Mental Health Month 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 itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration.
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 3/26, Cable TV Commission of 4/3, City Council proceedings of 4/15, Human Right
Commission of 3/11, Investment Oversight Advisory Commission of 1/23 (revised) and 4/24, Mechanical Code Board of 4/11
Suggested Disposition: Receive and File
Arts Commission Minutes of 3/26 Cable TV Minutes of 4/3 City Council Proceedings of 4/15, Human Rights Minutes of 3/11 IOAC of 4/24,
IOAC of 1/23 (Revised), Mechanical Code Board of 4/11, Safe Community Minutes of 1/9,
2. Notice of Claims and Suits
Jim David for property damage, Heidi Goin for property damage, Christine Johnson for personal injury, Douglas Mott for property
damage, Regina and Robert Noel for property damage, Shirley Wiegand for property damage, John Young for vehicle damage; Klein
vs. Sarah Lynn and the City of Dubuque
Suggested Disposition: Receive and File; Refer to City Attorney
David Claim, Goin Claim, Johnson Claim, Mott Claim, Noel Claim, Wiegand Claim, Young Claim, Klein Suit,
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: Jim David for property damage, Heidi Goin for property damage, Douglas Mott for property damage,
Regina and Robert Noel for property damage, Shirley Wiegand for property damage, John Young for vehicle damage
Suggested Disposition: Receive and File; Concur
ICAP Claims,
4. Joseph Healey - Appeal of Claim
City Attorney recommending denial of the claim for property damage appealed by Joseph Healey.
Suggested Disposition: Receive and File; Concur
Staff Memo Claim, Photos, Letter to Mr. Healey,
5. Citizen Petition - Southern Avenue Detoured Traffic
Dave Hartig submitting a citizen petition on behalf of residents of south Southern Avenue requesting limitation of northbound through
traffic on that portion of Southern Avenue during the detour related to road construction on Hwy. 151/61.
Suggested Disposition: Receive and File; Refer to City Manager
Citizen Petition,
6. 2012 -2013 Snow Removal / Sidewalk Assessments
City Manager recommending establishment of the final assessments for the 2012 -2013 Snow Removal from City Right -of -Way.
RESOLUTION Adopting the Final Assessment Schedule for the 2012 -2013 Snow Removal Assessment - Right -of -Way Obstruction
Removal Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
2012 -2013 Snow Removal Assessment -MVM Memo Staff Memo Resolution, Schedule of Assessments,
7. Intermodal Agreement for Services with ECIA
City Manager recommending approval of the Site Selection Study for a new Bus Storage and Maintenance facility at the former City
Garage location and authorization to submit the study to the Federal Transit Administration (FTA) for their review, concurrence and
approval of this site selection.
Suggested Disposition: Receive and File; Approve
Intermodal Facility Administration -MVM Memo, Staff Memo, Intermodal - Agreement for Services with ECIA,
8. Iowa Department of Transportation - Urban Youth Corps Grant Agreement
City Manager recommending approval of an Urban Youth Corps Grant Agreement with the Iowa Department of Transportation to
provide transportation- related employment and training opportunities to youth between the ages of 16 and 21 who face barriers to
employment.
Suggested Disposition: Receive and File; Approve
Urban Youth Corps Grant Agreement -MVM Memo, Staff Memo , UYC Grant Agreement, Urban Youth Corps - Approve Grant App March 2013,
9. Electrical Code Board
Commissioner Ronald Mueller submitting his resignation to the Electrical Code Board.
Suggested Disposition: Receive and File; Accept Resignation
Mueller Resignation
10. Library Board of Trustees
Board Member David Hammer submitting his resignation from the Library Board of Trustees.
Suggested Disposition: Receive and File; Accept Resignation
Hammer Resignation,
11. Historic Resource Development Program (HRDP) Grant for Digitizing City Directories
City Manager recommending approval of a resolution authorizing the Mayor to sign the HRDP grant application for the Digitization of
Dubuque City Directories from 1856 -1991.
RESOLUTION Authorizing Historical Resource Development Program (HRDP) application to the State Historical Society of Iowa for
digitization of Dubuque City Directories
Suggested Disposition: Receive and File; Approve
HRDP Grant Digitization of Dubuque City Directories 1856 to 1991 -MVM Memo, Staff Memo, Resolution , Grant Documents,
12. Historic Resource Development Program (HRDP) - Four Mounds Foundation
City Manager recommending approval for the City Manager to sign the ownership form in support of the 2013 Historic Resource
Development Program grant application by Four Mounds Foundation for barn restoration at the Four Mounds Estate Historic District.
RESOLUTION Authorizing HRDP Grant Application to the State Historical Society of Iowa for Barn Restoration Project at Four Mounds
Estate Historic District
Suggested Disposition: Receive and File; Adopt Resolution(s)
Four Mounds Foundation HRDP Grant Application -MVM Memo Staff Memo Resolution , 2012 Grant Application
13. Trapeze Software Group, Inc. - Assignment of Mentor Engineering Contract
City Manager recommending approval of the assignment to Trapeze Software Group of the Agreement between the City of Dubuque
and Mentor Engineering, Inc., for the Jule's ITS Project.
Suggested Disposition: Receive and File; Approve
Assignment of ITS Proiect Contract to Trapeze Software Group -MVM Memo Staff Memo Citv's Letter of Consent Notice of Assignment,
14. Bee Branch Phase I Completion - 15th Street Project
City Manager recommending acceptance of the construction contract for the Bee Branch Phase I Completion - 15th Street Project, as
completed by McDermott Excavating.
RESOLUTION Accepting the Bee Branch Phase I Completion - 15th Street Project and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Bee Branch Phase I Completion -15th Street -MVM Memo, Staff Memo, Resolution, Protect Closeout Form,
15. Caradco CDBG Amendment No. 2
City Manager recommending review and approval of the proposed Amendment No. 2 to the current contract with East Central
Intergovernmental Association to assist the City with grant administration for the 2010 Iowa Department of Economic Development
Community Development Block Grant (CDBG) for the Caradco Building, LLLP project and give authorization to the City Manager to
sign the proposal on behalf of the City.
RESOLUTION Approving Amendment No. 2 for 2010 CDBG Grant Administration with East Central Intergovernmental Association
Suggested Disposition: Receive and File; Adopt Resolution(s)
Amendment Number 2 2010 CDBG Administration with ECIA -MVM Memo, Staff Memo Resolution, Contract with Amendment No. 2,
16. Caradco Building Project - Contract Amendment No. 4
City Manager recommending approval of Amendment No. 4 to the Community Development Block Grant (CDBG) Housing Disaster
Recovery Fund Contract between the Iowa Economic Development Authority and the City of Dubuque, on behalf of the Caradco
Building Project.
RESOLUTION Approving Amendment No. 4 to the Community Development Block Grant (CDBG) Housing Disaster Recovery Fund
contract between the Iowa Economic Development Authority and the City of Dubuque on behalf of the Caradco Building Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Caradco CDBG Amendment #4-MVM Memo Staff Memo, Resolution
17. Approve RISE Contract
City Manager recommending Council approval of a RISE Contract for a new street to serve approximately 78 acres of new industrial
property located on the former South Siegert Farm.
RESOLUTION Approving An agreement for R.I.S.E. funding with the Iowa Department of Transportation relating to development of a
new street in the Dubuque Industrial Center South
Suggested Disposition: Receive and File; Adopt Resolution(s)
RISE Contract for New Street in Dubuque Industrial Center South -MVM Memo, Staff Memo, Resolution DICS Map IDOT Correspondence
RISE Contract 2013 -R -018,
18. Quarterly Investment Report
City Manager transmitting the Quarterly Investment Report for March 31, 2013.
Suggested Disposition: Receive and File
March 31 2013 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
19. Indoor Aquatic Center Study -Joint Committee Recommendation
City Manager recommending approval of the selection of Novak Design Group for the Indoor Aquatic Center Study and pending the
recommendation of the Park and Recreation Advisory Commission, the School Facilities and Support Commission and the School
Board.
Suggested Disposition: Receive and File; Approve
Indoor Aquatic Center Study Firm Recommendation -MVM Memo, Staff Memo, Joint School /City Committee Letter, Novak Design Group
Proposal Novak Design Group Questionnaire Response MVM Memo of 1/14/13 Aquatic Center RFP, Letter from DCSD Requesting Joint
Study,
20. Code of Ordinances - Adoption of Supplement No. 12
City Clerk recommending adoption of Supplement No. 12 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos.
67 -06, 59 -12, 61 -12, 62 -12, 64 -12, 65 -12, and 4 -13 through 18 -13 as adopted by the Council through March 18, 2013.
RESOLUTION Adopting Supplement No. 12 to the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Staff Memo , Code Supplement No. 12, Resolution,
21. Dodds River Terminal, Inc. - Exercise of Lease Option
Correspondence from Dodds River Terminal, Inc., informing the City that it is exercising its option to extend the lease agreement for
the remaining five years commencing June 1, 2013.
Suggested Disposition: Receive and File; Refer to City Attorney
Dodds River Terminal Letter
22. Iowa Department of Transportation - Notification of Project
Correspondence from the Iowa Department of Transportation (IDOT) informing the City that it proposes to let an HMA resurfacing with
milling project on U.S.20 from Farley east to Mile Hill Lane.
Suggested Disposition: Receive and File
IDOT Proiect Notification,
23. Mediacom Communications Company
Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company advising the
City of programming changes.
Suggested Disposition: Receive and File
Mediacom Correspondence,
24. Improvement Contracts/Performance, Payment and Maintenance Bonds
A) Robert Liebfried for Fremont Heights Detention Basin Landscape Maintenance, B) R &W Restoration for City Hall Tuck Pointing
Project
Suggested Disposition: Receive and File; Approve
Liebfried Contract R &W Restoration Contract,
25. Signed Contracts
A) Classic Protective Coatings Notice to Proceed and Change Order No. 1 for the Asbury Tank Reconditioning Project, B) IIW
Engineers and Surveyors for the Flood Control High Water Level Alarm Project, C) IIW Engineers and Surveyors for the Purina Drive
Dock Repair Project, D) Rob Trilk for Miller Riverview Restroom Remodeling
Suggested Disposition: Receive and File
Classic Protective Coatings Contract IIW High Water Alarm Contract IIW Purina Drive Dock Contract, Rob Trilk Contract
26. 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, Alcohol Resolution, Tobacco Resolution,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. 30 -Inch Force Main Project - Phase I
City Manager recommending initiation of the public bidding process for Phase I of the 30 -Inch Force Main Relocation Project from 9th
Street to llth Street (around the former Public Works Garage site and the Alliant Energy site) and further recommends that a public
hearing be set for May 20, 2013.
RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on
plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (30 -Inch Force Main Relocation
Project - Phase I From 9th Street to 11th Street)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 5120113
Initiate 30 Inch Force Main Protect -Phase I - MVM Memo, Staff Memo, Resolution Notice to Bidders,
2. Midwest Energy Solutions 1 MF Enterprises, LLC - Grant of Easement on East 16th Street
City Manager recommending that a public hearing be set for May 20, 2013, to consider granting an easement for MF Enterprises, LLC
for a Compressed Natural Gas conduit and piping system between the BP Station and the proposed convenience store on the south
side on East 16th Street right -of -way.
RESOLUTION of Intent to dispose of City interest by Grant of Easement for private utility to MF Enterprises, LLC for an underlying
portion of East 16th Street
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 5120/13
Grant of Easement East 16th Street -MVM Memo, Staff Memo, Resolution, Easement Exhibit, Vicinity Map, Midwest Energy Request,
3. Highway 61/151 South of Technology Park Annexation
City Manager recommending initiation of the annexation process for Highway 61/151 South of Technology Park on the south side of
the City of Dubuque and further recommends that a public hearing be set for May 20, 2013.
Suggested Disposition: Receive and File; Public Hearing 5/20/13
Annexation of Highway 61 151 South of Technology Park -MVM Memo Memo Application, Location Map, Exhibit A, Notice of Public Hearing,
BOARDS /COMMISSIONS
Appointments to the following boards/commissions to be made at this meeting.
Building Code Board of Appeals
One 3 -Year term: through August 1, 2014 (Vacant term of Anglese)
Applicant:
Mary Gotz, 1844 Bennett St.
Zoning Board of Adjustment
Two 5 -Year terms:
One term through March 25, 2015 (Vacant term of Ruden)
One term through March 25, 2018 (Expiring term of Cremer)
Applicants:
Eugene Bird, 3357 Arrowwood Ln.
Jeff Cremer, 919 1/2 Bluff St.
This commission is subject to the State of Iowa Gender Balance Law.
Boards Overview Sheet, Latest Listings Building Code Board of Appeals Applications Zoning Board of Adjustment Application, City Gender
Balance, Gender Balance Law, Gender Balance Q &A,
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. Fifth and Bluff Streets Public Restroom Project
Proof of publication on notice of public hearing to consider the approval of plans, specifications, form of contract, and estimated cost
for the Fifth and Bluff Streets Public Restroom Project and the City Manager recommending approval.
RESOLUTION Adopting the plans and specifications (Fifth and Bluff Streets Public Restroom Project)
Suggested Disposition: Receive and File; Adopt Resolution(s)
5th & Bluff Public Restroom Proiect-MVM Memo, Staff Memo, Resolution Plans Specifications
2. Water Main Relocation Project - Hwy. 151/61 and South Grandview Avenue Overpass
Proof of publication on notice of public hearing to approve specifications, form of contract, and estimated cost for the Hwy. 151/61
South Grandview Avenue Overpass Water Main Relocation Project and the City Manager recommending approval.
RESOLUTION Approval of specifications, form of contract, and estimated cost for the Hwy. 151/61 South Grandview Avenue
Overpass Water Main Relocation Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Approval Water Main Relocation Grandview Overpass -MVM Memo, Staff Memo, Resolution,
3. Sale of Property - 2268 Washington Street
Proof of publication on notice of public hearing to consider the sale of City -owned real estate at 2268 Washington Street to Kaylyn A.
Mullady and the City Manager recommending approval.
RESOLUTION Approving the sale of real estate located at 2268 Washington Street, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sale of Property at 2268 Washington Street -MVM Memo Staff Memo, Resolution Staff Memo 4/15/13 Meetina, Resolution of Intent 4/15/13
Meeting
4. Fiscal Year 2013 Second Budget Amendment
Proof of publication on notice of public hearing to approve the Fiscal Year Budget Amendment No. 2 and the City Manager
recommending approval.
RESOLUTION Amending the current budget for the Fiscal Year Ending June 30, 2013 (as amended last on September 17. 2012)
Suggested Disposition: Receive and File; Adopt Resolution(s)
FY2013 Second Budget Amendment -MVM Memo Staff Memo Resolution, Fiscal Year 2013 Second Budget Amendment - Amendment Detail
Proof of Publication,
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. E.B. Lyons Irrevocable Trust - Disbursement of Funds
City Manager recommending approval of the Edwin B, Lyons Irrevocable Trust Under Will Application for Disbursement of Funds for
acquisition and development of E.B. Lyons Interpretive Area Expansion.
Suggested Disposition: Receive and File; Approve
Edwin B Lyons Irrevocable Trust under Will Application for Disbursement of Funds -MVM Memo, Staff Memo , EB Lyons Will, Edwin Lyons
Trust Application, US Bank Correspondence -1,
2. Bus Storage and Maintenance Facility - Site Selection Study
City Manager recommending approval of the Site Selection Study for a new Bus Storage and Maintenance facility at the former City
Garage location and authorization to submit the study to the Federal Transit Administration (FTA) for their review, concurrence and
approval of this site selection.
Suggested Disposition: Receive and File; Approve
Site Selection for Bus Storage and Maintenance Facility -MVM Memo, Staff Memo, Site Selection Study,
3. Every Child I Every Promise Request for Grant Funds
City Manager recommending approval of a funding request from Every Child 1 Every Promise to help pilot an innovative new Summer
Academy.
Suggested Disposition: Receive and File; Approve
Every Child I Every Promise Request for Grant Funds - MVM Memo, Staff Memo, EC /EP Request for Grant Funds, EC /EP Previous Funding
Update,
4. Parking Meter Payment Option
City Manager recommending implementation of a new parking meter payment option provided by Passport Parking that has the ability
to interact with the City's current enforcement software.
Suggested Disposition: Receive and File; Approve
Parking Meter Additional Payment Option -MVM Memo Staff Memo Passport Parking Brochure Passport Parking Reference -City of Asheville,
NC,
5. Bunker Hill Pump Station Improvement Project Award
City Manager recommending award of the Bunker Hill Pump Station Improvement Project to the Portzen Construction, Inc., of
Dubuque, Iowa.
RESOLUTION Awarding the public improvement contract for the Bunker Hill Pump Station Improvement Project CIP 740 -1422
Suggested Disposition: Receive and File; Adopt Resolution(s)
Award Contract Bunker Hill Pump Station -MVM Memo, Staff Memo Resolution, IIW Recommendation Letter, Bid Tabulation,
6. Safe Routes To School - Dubuque School Safety Improvements Project Award
City Manager recommending award of the contract for the Safe Routes to School Program - Dubuque School Safety Improvements
Project to the low bidder, McDermott Excavating.
RESOLUTION Awarding Public Improvement Contract for the Safe Routes to School Program - Dubuque School Safety Improvements
Project #SRTS -U- 2100(663- -8U -31
Suggested Disposition: Receive and File; Adopt Resolution(s)
Safe Routes to School Protect -MVM Memo, Staff Memo, Resolution, Bid Tabulation,
7. Airport Air Traffic Control Tower Closure and Options
City Manager providing an update on the Dubuque Regional Airport Air Traffic Control Tower closure.
Suggested Disposition: Receive and File
Airport Air Traffic Control Tower Closure -MVM Memo, Staff Memo ,
8. Downtown Housing Incentive Program - Amending Program Guidelines
City Manager recommending approval of an amendment to the program guidelines for the City of Dubuque's Downtown Housing
Incentive program to allow incentives for residential units of less than 650 sq. ft.
RESOLUTION Amending the guidelines for the Downtown Housing Incentive Program within the Greater Downtown Urban Renewal
District
Suggested Disposition: Receive and File; Adopt Resolution(s)
Amend Downtown Housing Guidelines -MVM Memo Staff Memo Resolution, Downtown Housing Incentive Program,
9. Franklin School - Amendment to Development Agreement
City Manager recommending approval of the First Amendment to the Development Agreement with Franklin Investments, LLC for
redevelopment of the property located at 39 Bluff Street.
RESOLUTION Approving the First Amendment to the Franklin Investments, LLC Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution(s)
Amendment to Franklin School Development Agreement -MVM Memo, Staff Memo, Resolution 1st Amendment to Development Agreement
10. Greater Dubuque Development Corporation - Board of Directors Membership
Correspondence from Greater Dubuque Development Corporation requesting appointments to the GDDC Board of Directors (currently
Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development Director Dave Heiar and City Council Members Joyce
Connors and Kevin Lynch).
Suggested Disposition: Receive and File; Council
GDDC 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.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa
ADJOURNMENT