10 6 08 City Council Agenda w/Icons
ROLL CALL ORDER
FOR MEETING OF
10/6/08
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, OCTOBER 6, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
Senior Pastor Chip Gatto, Christ Church of Dubuque
PROCLAMATIONS
Trick or Treat Night (October 31, 2008)
Week without Violence (October 12 – 18, 2008)
Save for Retirement Week (October 19 – 25, 2008)
Disability Awareness Month (October 2008)
Arts and Humanities Month (October 2008)
Trick or Treat NightWeek Without Save for Retirement Disability Awareness Arts and Humanities
ViolenceWeekMonthMonth
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 7/22; City Council of 9/15, 9/18 and
10/1; Civil Service of 5/2; Electrical Code Board of 9/22; Housing Commission of 7/22;
Library Board of Trustees of 6/24 and 7/24; Park and Recreation Commission of 9/9
Proof of publication of City Council Proceedings of September 2, 2008 and List of
Claims and Summary of Revenues for month ending August 1, 2008
Suggested Disposition: Receive and File
City Council - 10/1Civil Service
ACAACCity Council - 9/15City Council - 9/18Electrical Code Bd
Housing CommissionLibrary Bd - 6/24Library Bd - 7/24Park and Rec
2. Notice of Claims/Suits
Judith A. McMahon vs City of Dubuque – Grand River Center; Nationstar Mortgage LLC
vs Kevin Jerome Potter and City of Dubuque Housing and Community Development
Department; Jane Spurling for vehicle damage; Deutsche Bank National Trust
Company vs City of Dubuque, et al
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney recommending denial of the claim of Leonard W. Dress, Jr. for vehicle
damage.
City Attorney recommending settlement of the claim, which was previously denied, of
Theresa Walsh for parking fines and towing expenses.
Suggested Disposition: Receive and File; Concur
Claim - DressClaim - Walsh
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3. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Dubuque
Millworking Historic District has been accepted for nomination to the National Register
of Historic Places.
Suggested Disposition: Receive and File
State Historical
Society Ltr
4. Montcrest Sanitary Sewer Extension Project
City Manager recommending award of the public improvement contract for the
Montcrest Sanitary Sewer Extension Project to McDermott Excavating, in the amount of
$54,310.83.
RESOLUTION
Awarding public improvement contract for the Montcrest Sanitary Sewer
Extension Project
Suggested Disposition: Receive and File; Adopt Resolution
Montcrest - MVM Montcrest - Staff Montcrest - Montcrest - Bid Tab
MemoMemoResolution
5. Washington Neighborhood/Housing Trust Fund Application
City Manager recommending approval of a Housing Trust Fund Application to the Iowa
Finance Authority for $250,000 for continued support of homeownership activities in the
Washington Neighborhood.
RESOLUTION
Approving commitment of matching funds for an application to the Iowa
Finance Authority (IFA) for State Housing Trust Funds
Suggested Disposition: Receive and File; Adopt Resolution
Trust Fd - MVM
Trust Fd - Staff Trust Fd - Resolution
Memo
Memo
6. Bee Branch Creek Restoration Project – Purchase of Property Owned by Junnie
and Rich’s Coin Partnership
City Manager recommending approval of the establishment of the fair market value of
property owned by Junnie and Rich’s Coin Partnership and authorizing the City Attorney
to commence negotiations for purchase of the property.
RESOLUTION
Establishing the fair market value of certain real property owned by
Junnie and Rich’s Coin Partnership in the City of Dubuque, Iowa (Lot 319)
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RESOLUTION
Establishing the fair market value of certain real property owned by
Junnie and Rich’s Coin Partnership in the City of Dubuque, Iowa (Lot 353)
Suggested Disposition: Receive and File; Adopt Resolutions
Junnie's - MVM MemoJunnie's - Staff Junnie's - Junnie's - Exhibit A
MemoResolutions
7. Bee Branch Creek Restoration Project – Purchase of Property Owned by Milton E.
Schwartz and G & S Real Estate
City Manager recommending approval of the establishment of the fair market value of
property owned by Milton E. Schwartz and G & S Real Estate and authorizing the City
Attorney to commence negotiations for purchase of the property.
RESOLUTION
Establishing the fair market value of certain real property owned by
Milton E. Schwartz in the City of Dubuque, Iowa
RESOLUTION
Establishing the fair market value of certain real property owned by
G & S Real Estate in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
Schwartz - Exhibit A
Schwartz - MVM Schwartz - Staff Schwartz -
MemoMemoResolutions
8. Lofts at Cathedral Square
City Manager recommending approval of a Housing Enterprise Zone Program
Agreement by and among the Iowa Department of Economic Development, the City of
Dubuque, and Lofts at Cathedral Square to provide 25 new housing units in the
downtown.
RESOLUTION
Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and Lofts
at Cathedral Square
Suggested Disposition: Receive and File; Adopt Resolution
Lofts - Staff MemoLofts - RresolutionLofts - EZ Agreement
Lofts - MVM Memo
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9. Greenfield Development, LLC
City Manager recommending approval of a Housing Enterprise Zone Program
Agreement by and among the Iowa Department of Economic Development, the City of
Dubuque, and Greenfield Development, LLC to provide four new housing units in the
downtown.
RESOLUTION
Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and
Greenfield Development, LLC
Suggested Disposition: Receive and File; Adopt Resolution
Greenfield - Staff Greenfield - Greenfield - EZ
Greenfield - MVM
MemoResolutionAgreement
Memo
10. Agreement with Hillcrest Family Services
City Manager recommending approval of an agreement with Hillcrest Family Services
for the use of Murphy Park for a holiday light display.
Suggested Disposition: Receive and File; Approve
Hillcrest - MVM MemoHillcrest - Staff MemoHillcrest Agreement
11. Cedar Street / City Island Pumping Station Project
City Manager recommending acceptance of the Cedar Street / City Island Pumping
Station Project as completed by Portzen Construction of Dubuque Iowa, in the final
amount of $1,441,581.41.
RESOLUTION
Accepting the Cedar Street / City Island Pumping Station Project
Suggested Disposition: Receive and File; Adopt Resolution
Cedar St - MVM Cedar St - Staff Cedar St - ResolutionCedar St - WHKS Ltr
MemoMemo
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12. Legislative Correspondence
Communication to State Legislators thanking them for their support to secure funding
assistance to return passenger rail service to Dubuque.
Suggested Disposition: Receive and File
Legislators LtrState Legislator List
13. AmeriCorps School District Contract
City Manager recommending approval of the AmeriCorps’ Volunteer Contract with the
Dubuque Community School District.
Suggested Disposition: Receive and File; Approve
AmeriCorps - Staff AmeriCorps -
AmeriCorps - MVM
MemoAgreement
Memo
14. Purchase of Property – 2345 Elm Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2345 Elm Street, as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2345 Elm Street in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
2345 Elm - MVM 2345 Elm - Staff 2345 Elm -
MemoMemoResolution
15. Purchase of Property – 2259 Prince Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2259 Prince Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2259 Prince Street in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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2259 Prince - MVM 2259 Prince - Staff 2259 Prince -
MemoMemoResolution
nd
16. Purchase of Property – 505 / 507 East 22 Street
City Manager recommending approval of the purchase of a residential rental dwelling
nd
located at 505 / 507 East 22 Street as part of the acquisition program associated with
the Bee Branch Creek Restoration Project.
nd
RESOLUTION
Approving the acquisition of real estate located at 505 / 507 East 22
Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
505/507 E 22nd - 505/507 E 22nd - 505/507 E 22nd -
MVM MemoStaff MemoResolution
17. Purchase of Property – 2124 / 2126 Kniest Street
City Manager recommending approval of the purchase of a residential rental dwelling
located at 2124 / 2126 Kniest Street as part of the acquisition program associated with
the Bee Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2124 / 2126 Kniest
Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
2124/2126 Kniest - 2124/2126 Kniest - 2124/2126 Kniest -
MVM MemoStaff MemoResolution
18. 28E Agreement – Iowa Alcoholic Beverages Division
City Manager recommending approval of a 28E Agreement with the Iowa Alcoholic
Beverage Division regarding tobacco compliance checks.
Suggested Disposition: Receive and File; Approve
28E - Staff Memo28E Agreement
28E - MVM Memo
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19. Certificate of Completion – Chavenelle Warehouse Development
City Manager recommending approval of the issuance of a Certificate of Completion to
Chavenelle Warehouse Development, LLC acknowledging completion of their
obligations to construct Minimum Improvements for Theisen Supply, Inc. in the
Dubuque Industrial Center West.
Suggested Disposition: Receive and File; Approve
Chavenelle - Staff Certificate of
Chavenelle - MVM
MemoCompletion
Memo
20. Holliday Third Addition - Stormwater Facilities Fee Agreement
City Manager recommending approval of the assignment of interest in the Stormwater
Facilities Agreement for Holliday 3rd Addition from Gomer Holliday Development, LLC
to West Hospitality, LLC.
Suggested Disposition: Receive and File; Approve
Holliday - Assignment
Holliday - MVM MemoHolliday - Staff Memo
21. Liquor License Transfer
Request of Revive, Inc. to transfer the liquor license of The Gym from 1097 Elm Street
to 1000 Jackson Street for a one-day event on October 11, 2008.
Suggested Disposition: Receive and File; Approve
22. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Target Store and
Hy-Vee Gas #2
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Grand River
Center, Loras College Athletic/Wellness Center, The Grand Tap, Dog House, and
Michael Paul’s; Special Class “C” Liquor License to Café Manna Java; Special Class
“C” Liquor License (6 Month) to Mindframe Theaters; Class “B” Wine Permit to Target
Store; and Class “B” Native Wine Permit to Solon Langworthy House
Suggested Disposition: Receive and File; Adopt Resolutions
Renewals - Staff
Renewals - MVM Resolution #1Resolution #2
Memo
Memo
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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
(Business/Professional, Live/Work in
Cultural District)
One 3-year term through June 30, 2008 (Term of Weber)
Applicant: Julie Steffen, 2260 Coates Street, Employed with Prudential Financial
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Commission
One 3-year term through October 1, 2011 (Term of O’Toole)
Applicant: Edward Cawley, 598 Needham Place
Marie Cigrand OSF, 1049 Rush Street (Additional Applicant)
Brendan Houlihan, 2155 Morningview Road (Additional Applicant)
Human Rights Commission
One 3-year term through January 1, 2011 (Term of Chatfield)
Applicant: Jim Allan, 850 Hawkeye Drive
Library Board of Trustees (Mayoral appointment)
One 4-year term through July 1, 2009 (Term of Hauder)
Applicants: Matthew Seamer, 432 Summit Street
Mike Willis, 1298 Locust Street, #2
Frederick Miller, 2462 Central Avenue (Additional Applicant)
ACAAC ApplicationESAC ApplicationsLibrary Bd
Bd and Comm ListOverview SheetHuman Rights
Applications
Application
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. Amendment to Dubuque County Historical Society Lease
Proof of publication on notice of public hearing to consider an amendment to the Ice
Harbor Lease with the Dubuque County Historical Society and consent to a
conservation easement for property in the Ice Harbor in connection with a Save
America’s Treasure Grant and City Manager recommending approval.
RESOLUTION
Disposing of an interest in real property by Third Amendment to Lease
between the City of Dubuque, Iowa and Dubuque County Historical Society
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RESOLUTION
Approving consent to the granting of a Conservation Easement
Agreement for preservation of the dredge William M. Black and its appurtenant vessels
by Dubuque County Historical Society to the Historical Division of the Iowa Department
of Cultural Affairs
Suggested Disposition: Receive and File; Adopt Resolutions
Lease - MVM MemoLease - BAL MemoLease - Resolution Lease - Resolution Lease - Third Conservation
#1#2AmendmentEasement
Easement Boundary
Map
Material from September 15, 2008 City Council Meeting
Lease - MVM MemoLease - BAL MemoLease - ResolutionThird Amendment to Conservation Easement Boundary
LeaseEasementMap
2. Fiscal Year 2009 Budget Amendment
Proof of publication on notice of public hearing to consider the first amendment to the
Fiscal Year 2009 Budget and City Manager recommending approval.
RESOLUTION
Approving Amendment No. 1 to the Fiscal Year 2009 Budget for the City
of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Amendment - MVM Amendment - Amendment Detail
MemoResolution
Material from September 2, 2008 City Council Meeting
Budget - MVM MemoBudget - Staff MemoBudget - ResolutionBudget Amendment
Detail
REINSTATE THE RULES
This action limits discussion to the City Council.
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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. Request to Address the City Council – John M. Walsh
Communication from John M. Walsh, 1295 North Booth Street, requesting to address
the City Council concerning riding minibus operation.
Suggested Disposition: Receive and File; Council
Walsh Ltr
2. Request to Address the City Council – Shirley Schroeder
th
Communication from Shirley Schroeder, 250 West 6 Street, requesting to address the
City Council regarding security around Ecumenical Towers.
Suggested Disposition: Receive and File; Council
Schroeder Ltr
3. Sale of Water Revenue Bonds
City Manager recommending the sale of $1,195,000 Water Revenue Bonds.
RESOLUTION
Directing the sale of $1,195,000 Water Revenue Bonds, Series 2008D
Suggested Disposition: Receive and File; Adopt Resolution
Revenue Bonds -
Revenue Bonds - Revenue Bonds -
Noth Ltr
MVM MemoResolution
4. Sale of General Obligation Bonds
City Manager recommending the sale of $3,885,000 General Obligation Stormwater
Bonds, Series 2008A; $3,290,000 General Obligation Urban Renewal Bonds, Series
2008B; and $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series
2008C.
RESOLUTION
Directing the sale of $3,885,000 General Obligation Stormwater Bonds,
Series 2008A
RESOLUTION
Directing the sale of $3,290,000 General Obligation Urban Renewal
Bonds, Series 2008B
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RESOLUTION
Directing the sale of $2,465,000 General Obligation Urban Renewal
Bonds, Taxable Series 2008C
Suggested Disposition: Receive and File; Adopt Resolutions
GO Bonds - Noth Ltr
GO Bonds - MVM GO Bonds - GO Bonds - GO Bonds -
MemoResolution #1Resolution #2Resolution #3
5. Morrison Brothers – Development Agreement
City Manager recommending approval of a Development Agreement with Morrison
Brothers for expansion of their East Seventh Street facility.
RESOLUTION
Approving a Development Agreement for the expansion of Morrison
Brothers Company at the East Seventh Street facility
Suggested Disposition: Receive and File; Adopt Resolution
Morrison Bros - Staff Morrison Bros - Morrison Bros - Dev
Morrison Bros - MVM
MemoResolutionAgreement
Memo
6. DuRide Contract
City Manager recommending approval of an agreement with DuRide to provide
alternative transportation to senior citizens.
Suggested Disposition: Receive and File; Approve
DuRide - Staff MemoDuRide - AgreementDuRide Brochures
DuRide - MVM Memo
7. Washington Neighborhood Initiatives
City Manager submitting a status report on the Washington Neighborhood Initiatives.
Suggested Disposition: Receive and File
Initiatives - MVM Initiatives - Staff
MemoMemo
12
8. Revocable Permit – James E. Underhill
City Manager recommending approval of the revocation of Ordinance No. 30-96, the
revocable permit authorizing James E. Underhill to operate and maintain a building
located in City right-of-way at 108 Terminal Street.
ORDINANCE
Revoking the revocable permit granted by Ordinance No. 30-96 to James
E. Underhill to operate and maintain a building located within the Terminal Street right-
of-way
Suggested Disposition: Receive and File; Motion B; Motion A
Ordinance 30-96Permit - MVM Ltr
Permit - MVM MemoPermit - Staff MemoPermit - OrdinanceSuggested Motion
9. Greater Downtown Urban Renewal District (First Reading on September 15, 2008)
ORDINANCE
Amending Ordinance Nos. 63-07, 20-07, 35-04, 30-82 and 66-89, as
previously amended, providing that general property taxes levied and collected each
year on all property located within the Greater Downtown Urban Renewal District of the
City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State
of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and
other taxing districts, be paid to a special fund for payment of principal and interest on
loans, monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said City in connection with the Urban Renewal Plan for the Greater
Downtown Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
Downtown UR - TIF
Downtown UR TIF - Downtown UR TIF - Suggested Motion
Ordinance
MVM MemoStaff Memo
10. Dubuque Brewing and Malting Urban Renewal District (First Reading on
September 15, 2008)
ORDINANCE
Providing that general property taxes levied and collected each year on
all property located within the Dubuque Brewing and Malting Urban Renewal District of
the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the
State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District, and other taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued or to
be issued, incurred by said City in connection with the Dubuque Brewing & Malting
Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
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Dub Brewing - TIF
Dbq Brewing - MVM Dbq Brewing - Staff Suggested Motion
Ordinance
MemoMemo
11. Application for Demolition Permit (First Reading on September 15, 2008)
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 11-57
Application for Permit by adding a new Subsection (d) requiring the applicant to notify
adjacent property owners of the filing of an application for a demolition permit
Suggested Disposition: Receive and File; Motion B; Motion A
Application -
Application - MVM Application - Staff Suggested Motion
Ordinance
MemoMemo
12. Purchase of Services Policies
City Manager providing information on the City of Dubuque Purchase of Service
practices and requesting consideration of a possible work session.
Suggested Disposition: Receive and File; Council
Policies - MVM MemoPolicies - Staff Memo
13. American Planning Association Award
City Manager advising that the City of Dubuque and MSA Professional Services have
received the Iowa APA Planning Excellence Award for the Washington Neighborhood
Revitalization Visioning Project - Grassroots Initiative Category/
Suggested Disposition: Receive and File
Award - MVM MemoAward - Iowa APA 2008 APAIA
LtrConference
14. East / West Connectivity Study Work Session
City Manager requesting that a work session be scheduled on November 3, 2008
regarding the East / West Connectivity Study.
Suggested Disposition: Receive and File; Council
Work Session - MVM Work Session - Staff
MemoMemo
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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) 2007 Code of Iowa
Jeanne F. Schneider
October 2, 2008
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