10 7 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 10/7/2013
Buol, Connors, Jones, Lynch, Resnick, Sutton, Braig
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
October 7, 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 85.2 (digital).
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Arts and Humanities Month (October 2013)
Arts Prodamation
2. Bryant Elementary School 75th Anniversary Day (October 19, 2013)
Bryant School Prodamation,
3. Diversity Month (October 2013)
Diversity Month Proclamatjgn,
4. Make- a -WiIl Month (October 2013)
Make -a -Will Proclamation
5. Trick -or -Treat Night (October 31, 2013)
Trick-or-Treat 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 8/27; Cable TV Commission of 8/7; City Council proceedings of 9/16; Civil Service
Commission of 8123; Human Rights Commission of 8112; Park and Recreation Advisory Commission of 9111; Sister City Relationships
Advisory Commission of 1012; Proof of Publication for City Council proceedings of 9/3 and 9116; Proof of Publication for Notice of
Claims and Summary of Revenues for Month Ending 8/31
Suggested Disposition: Receive and File
Arts Commission 8/27 Cable TV Commission 8/7 CityCouncil Proceedincis9/16 Civil Service Commission 8/23 Human Rights Com mission
8/12 Park and Recreation 9/11 Sister CityCommission 10/2 Proof - City Council Proceedings 9/3 Proof - City Council Proceedings 9/16
Proof - List of Claim s /Revenues 8/31,
2. Notice of Claims and Suits
Brian McNamara for vehicle damage; Mario Owens for vehicle damage
Suggested Disposition: Receive and File Refer to City Attorney
McNamara Claim OvensClaim
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 Brian McNamara for vehicle damage and Mario Owens for vehicle damage.
Suggested Disposition: Receive and File; Concur
ICAP Claims,
4. Dubuque Regional Airport - Acquisition of 8198 Jecklin Lane
City Manager recommending approval of a resolution and correction deeds for the acquisition of real estate located at 8198 Jecklin
Lane for the Dubuque Regional Airport Runway Safety Area Project.
RESOLUTION Approving Correction Deeds for the acquisition of real estate located at 8198 Jecklin Lane, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Airport Land Acquisition and Acceptance of Deed for Hartman Property - MVM Memo Staff Memo Quit Claim Deed Lot #2, Quit Claim Deed
Lot #1, Resolution,
5. Leisure Services 2013 Sidewalk Installation Project - Area 1 McAleecelAdmiral Sheehy Drive Project Acceptance
City Manager recommending acceptance of the 2013 Leisure Services Sidewalk Installation Project — Area 1 McAleece /Admiral
Sheehy Drive as completed by Tschiggfrie Excavating, Inc.
RESOLUTION Accepting the 2013 Leisure Services Sidewalk Installation Project Area 1 McAleece /Admiral Sheehy Drive and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
2013 Leisure Services Sidewalk Installation Project -Area 1- MVM Memo, Staff Memo, Resolution Project Closeout Form
6. Express Scripts, Inc. Employer Participation Agreement
City Manager recommending approval of the Employer Participation Agreement with Express Scripts, Inc., and authorization for the
City Manager to sign the agreement.
Suggested Disposition: Receive and File; Approve
Participation Agreement with Express Scripts -MVM Memo, Staff Memo and Employer Participation Agreement,
7. Teamsters #120 (Bus Operators) - Amendment to Collective Bargaining Agreement
City Manager recommending approval of an amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 120
(Bus Operators).
Suggested Disposition: Receive and File; Approve
Amendment to Collective Bargaining Agreement with Teamsters Local Union 120 (Bus Operators) -MVM Memo, Staff Memo and Collective
Bargaining Agreement Amendment,
8. DARE Agreement for Fiscal Year 2013 -2014
City Manager recommending approval of the Fiscal Year 2013 -2014 DARE Agreement between the City of Dubuque Police
Department and the Dubuque Community School District.
Suggested Disposition: Receive and File; Approve
DARE Agreement -MVM Memo Staff Memo DARE Agreement
9. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Equipment Operator I, Equipment Operator II, and Recreation
Program Supervisor
Suggested Disposition: Receive and File; Make Matter of Record
Equipment Operator I Equipment Operator II Recreation Program Supervisor,
10. Park and Recreation Advisory Commission
Commissioner Chuck Harris submitting his resignation to the Park and Recreation Advisory Commission.
Suggested Disposition: Receive and File; Accept Resignation
Harris Resignation Letter,
11. Zoning Advisory Commission
Commissioner Charles Miller submitting his resignation from the Zoning Advisory Commission.
Suggested Disposition: Receive and File; Accept Resignation
Miller Resignation Letter,
12. Zoning Board of Adjustment
Communication from Zoning Board of Adjustment requesting City Council approval to appoint Commissioner Heath Hutchinson as a
representative to the Airport Zoning Board of Adjustment.
Suggested Disposition: Receive and File; Approve
Appointment to Airport Zoning Board of Adjustments Letter
13. Shelter Plus Continuum of Care Fiscal Year 21011Grant
City Manager recommending authorization for the Mayor to sign documents to close out the Fiscal Year 2011 Shelter Plus Care Grant.
Suggested Disposition: Receive and File; Approve
Shelter Plus Care Grant Close Out -MVM Memo, Staff Memo, HUD Memo and Close Out Certification
14. Iowa DOT Intercity Bus Assistance Program
City Manager recommending approval of the submission of a re- application to the InterCity Bus Assistance Program and authorizing
resolution.
Suggested Disposition: Receive and File; Approve
InterCity Bus Assistance Program Grant Application -MVM Memo Staff Memo IDOT Resolution Grant Application,
15. Westbrook Subdivision and Westbrook Subdivision No. 2 - Acceptance of Stormwater Detention Facilities
City Manager recommending acceptance of the detention facilities and stormwater detention lots that the developer, Callahan
Construction, Inc., has completed and is dedicating in Westbrook Subdivision and Westbrook Subdivision No. 2.
RESOLUTION Accepting stormwater detention facilities and a deed to Lots B, C, & D in Westbrook Subdivision and Lots 0 & P in
Westbrook Subdivision No. 2, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Acceptance of Stormwater Detention Facilities and Lots in Westbrook Subdivision - MVM Memo Staff Memo Resolution, Quit Claim Deed
Vicinity Map,
16. Dubuque Golf & Country Club Property Tax Appeal
City Attorney recommending approval of a Stipulation of Settlement Agreement for a property tax appeal from the Dubuque Golf &
Country Club.
Suggested Disposition: Receive and File; Approve
Staff Letter Stipulation of Settlement, Notice of Voluntary Settlement,
17. Iowa Mississippi River Parkway Commission
Chairperson John Goodmann submitting the 2012 -2013 Annual Report for the Iowa Mississippi River Parkway Commission.
Suggested Disposition: Receive and File
IMRPC Annual Report
18. Iowa Economic Development Authority - Sole Source Procurement
Correspondence from the Iowa Economic Development Authority (IEDA) approving a request by the City of Dubuque to use the sole -
source method of procurement to select the University of Northern Iowa GeoTree GIS Team for a proposed watershed planning model.
Suggested Disposition: Receive and File
IEDA Letter,
19. Iowa Department of Natural Resources - Clean Water State Revolving Fund
Correspondence from the Iowa Department of Natural Resources confirming the update to the City of Dubuque's Clean Water State
Revolving Fund application and estimated loan request for the Upper Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File
IDNR Letter,
20. Improvement Contracts and Maintenance Bonds
Dubuque Barge & Fleeting (DBA Newt Marine Service) for the Purina Drive Barge Dock Maintenance Project
Suggested Disposition: Receive and File; Approve
Dubuque Barge & Fleeting Contract /Bond,
21. Alcohol Compliance Civil Penalty for Alcohol License Holders — 920 Main Street
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for 920 Main
Street.
Suggested Disposition: Receive and File; Approve
920 Main Alcohol Compliance Agreement -MVM Memo Staff Memo Settlement Agreement,
22. Alcohol Compliance Civil Penalty for Alcohol License Holders — Jumpers Sports Bar & Grill
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Jumpers
Sports Bar & Grill, 2600 Dodge Street.
Suggested Disposition: Receive and File; Approve
Jumpers Sports Bar Alcohol Compliance Agreement -MVM Memo, Staff Memo, Settlement Agreement
23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Gin Rickey's Bar
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Gin
Rickey's Bar, 1447 Central Avenue.
Suggested Disposition: Receive and File; Approve
Gin Rickey's Alcohol Compliance Settlement -MVM Memo, Staff Memo, Settlement Agreement,
24. Business License Refund
Request from Geneva Ginter for a refund of the liquor license for West Dubuque Tap in the amount of $422.50.
Suggested Disposition: Receive and File; Approve
West Dubuque Tap Refund Request,
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 Staff Memo Liquor Resolution, Tobacco Resolution
BOARDS/COMM ISSIONS
Appointments to the following commissions to be made at this meeting:
Airport Commission
Two, 4 -year terms through September 14, 2017 (Expiring terms of Brotherton and Santillo)
Applicants:
R.J. Blocker, 880 Kane St.
Douglas Brotherton, 2823 Hickory Hill
Chris Even, 120 S. Grandview
Dan Nicholson, 889 Walker St.
G. Scott Yaunches, 2670 Marywood Dr.
This commission is subject to the State of lowa Gender Balance Law.
Total commissioners: 5; Currently 4 males /1 female
Environmental Stewardship Advisory Commission
(Adult & Youth Appointments)
Three, 3 -year terms through October 1, 2016 (Expiring terms of Buelow, Oberdoerster, and Sinha)
Applicants:
Michael Buelow, 2131 Graham Cr.
Chad Oberdoerster, 420 Summit St.
Aditi Sinha, 900 S. Grandview Ave.
Youth Appointment
One, 3 -year Youth term through June 1, 2016 (Vacant term of Miller)
Applicant:
Kyle Leytem. 1235 Valentine Dr.
Airport Commission Applications Environmental Stewardship Advisory Commission Applications, Gender Balance Law, Gender Balance Q &A
Sheet,
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. Citizen Correspondence - Pedestrian Crossing at NW Arterial and Pennsylvania Avenue
Correspondence from Deborah Borely, 1809 Glenwood Court. requesting to address the City Council regarding a pedestrian crossing
at the intersection of NW Arterial.
Suggested Disposition: Receive and File; Refer to City Manager
Borelv Correspondence,
2. Five Flags Management Agreement Extension with SMG
City Manager recommending approval of the Third Amendment to the Management Agreement with SMG for management of the Five
Flags Center for the period July 1, 2014 to June 30, 2019 and the use of capital investment funds.
RESOLUTION Approving the Third Amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG
Suggested Disposition: Receive and File; Adopt Resolution(s)
Extension of Five Flags Management Agreement with SMG -MVM Memo Staff Memo Letter from SMG, August 2013 SMG Capital
Investment -Staff memo, Original SMG Agreement & 2008 Amendment, 3rd Amendment to SMG Management Agreement, 3rd Amendment -
Resolution,
3. School Resource Officer (SRO) Agreement
City Manager recommending approval of the School Resource Office (SRO) agreement with the Dubuque Community School District
for school year 2013 -2014.
Suggested Disposition: Receive and File; Approve
School Resource Officer Agreement -MVM Memo Staff Memo Agreement,
4. NightriderlCollege Partnership ICAAP Funding Grant Application
City Manager recommending approval of a Clean Air Attainment Program Grant to continue the Nightrider /College Partnership project
for a third year.
RESOLUTION Endorsing the submission of an Iowa Clean air Attainment Program (ICAAP) Grant Application to the Iowa Department
of Transportation to fund the Nightrider Route
Suggested Disposition: Receive and File; Adopt Resolution(s)
ICAAP Grant Application Nightrider /College Partnership -MVM Memo Staff Memo Resolution, Grant Application,
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
Collective Bargaining Strategy - Chapter 20.17(3) Code of Iowa
ADJOURNMENT