8 4 08 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF 8/4/08
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, AUGUST 4, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
PROCLAMATIONS
Tour de Dubuque Day (August 23, 2008)
Responsible Gaming Week (August 4 – 8, 2008)
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 6/24 and 6/30; City Council of 7/21;
Housing Commission of 6/24; Human Rights Commission of 6/9; Investment Oversight
Advisory Commission of 7/23; Library Board of Trustees of 5/1 and 5/22
Proofs of publication of City Council Proceedings of June 30, 2008 and July 7, 2008
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Audrea Walsh for vehicle damage; Zach Schreiber for vehicle damage; McDermott
Excavating for work completed on behalf of Rubloff Development Group; Bruce W.
Ohnesorge for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
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: Audrea Walsh
for vehicle damage; Zach Schreiber for vehicle damage;
Suggested Disposition: Receive and File; Concur
3. Office of the City Assessor
Communication from Richard A. Engelken, City Assessor, advising that Neztrop, LLC
has appealed their 2008 assessment to the Property Assessment Appeal Board in Des
Moines.
Suggested Disposition: Receive and File
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4. Advisory Design Review - Locust Street Resurfacing Project from 9 to 17
Streets
Communication from the Historic Preservation Commission recommending approval of
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the Locust Street Resurfacing Project from 9 to 17 Streets.
Suggested Disposition: Receive and File; Approve
5. Historic District Public Improvement Project (HDPIP) Funding – Four Mounds
Interpretive Sign Project
Communication from the Historic Preservation Commission recommending approval of
HDPIP funding for installation of two outdoor interpretive signs and a concrete pad
within the farm campus of Four Mounds.
Suggested Disposition: Receive and File; Approve
6. English Language Learner Instruction Services Program
City Manager recommending approval of a 28E Agreement between the City of
Dubuque and the Dubuque Community School District for the English Language
Learner Instructional Services (ELL) program.
Suggested Disposition: Receive and File; Approve
7. High Quality Jobs Program (HQJP) Contract for Progressive Packaging, LLC
City Manager recommending approval of the contract with the Iowa Department of
Economic Development for High Quality Jobs Program benefits on behalf of
Progressive Packaging, LLC.
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RESOLUTION
Approving a High Quality Jobs Program Agreement by and among the
Iowa Department of Economic Development, the City of Dubuque, and Progressive
Packaging, LLC
Suggested Disposition: Receive and File; Adopt Resolution
8. Iowa 32 Bike/Hike Trail – Phase I: Notice of Use Restriction
City Manager recommending approval of the Notice of Use Restrictions for the Iowa 32
Bike/Hike Trail – Phase 1 as part of the Resource Enhancement and Protection (REAP)
grant.
RESOLUTION
Approving the Notice of Use Restrictions related to Phase 1 of the Iowa
32 Bike/Hike Trail
Suggested Disposition: Receive and File; Adopt Resolution
9. Quarterly Investment Report
City Manager transmitting the June 30, 2008 Quarterly Investment Report.
Suggested Disposition: Receive and File
10. Port of Dubuque Adams Development, LLC
Communication from Brian J. Kane, counsel for Port of Dubuque Adams Development,
LLC, requesting approval of a “Partial Assignment of Development Agreement for
Security.”
Suggested Disposition: Receive and File; Refer to City Attorney
11. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Interstate
Power Company Building, 1000 Main Street, was listed in the National Register of
Historic Places effective June 26, 2008.
Suggested Disposition: Receive and File
12. Citizen Petition
Petition from the residents of the 2200 block of Foye Street requesting that the street be
changed to a one-way street from Lowell Street to Napier Street going from south to
north.
Suggested Disposition: Receive and File; Refer to City Manager
13. Citizen Communication
Communication from Rosemary Timmerman expressing concerns over traffic
enforcement on Dodge Street.
Suggested Disposition: Receive and File; Refer to City Manager
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14. Wartburg Theological Seminary I-Net User Agreement
City Manager recommending approval of an I-Net User Agreement with Wartburg
Theological Seminary.
Suggested Disposition: Receive and File; Approve
15. Iowa Street Parking Ramp to NICC Building – Walkway Project
City Manager recommending award of the public improvement contract for the Iowa
Street Parking Ramp to NICC Building – Walkway Project to Portzen Construction in the
amount of $67,346.07 and also approve the alternate bid for the guardrail in the amount
of $1,500.00.
RESOLUTION
Awarding public improvement contract for the Iowa Street Parking Ramp
to NICC Building – Walkway Project
Suggested Disposition: Receive and File; Adopt Resolution
16. PEG Capital Grant Expenditure Request
City Manager recommending approval of one request for funding from the Capital Grant
for Access Equipment and Facilities
to install the necessary equipment to send the live feed
of the County Board of Supervisors meetings to the CityChannel 8 control room at City Hall
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Annex via the I-Net
Suggested Disposition: Receive and File; Approve
17. Fly-By-Night Productions
Communication from Michael D. Gibson, Fly-By-Night Productions, thanking the City
Council for the recent Special Project Grant of $8,558 and General Operating Support
Grant of $1,227.
Suggested Disposition: Receive and File
18. City Development Board
Communication from Steven R. McCann, City Development Board Administrator,
submitting the Findings of Fact and Conclusions of Law and The Final Order filed by the
City Development Board approving the voluntary annexation petition submitted by the
City of Dubuque.
Suggested Disposition: Receive and File
19. Assignment of Meter Reading Service Agreement
City Manager recommending approval of the Assignment of the Meter Reading Service
Agreement by Aquila, Inc. to Black Hills/Iowa Gas Utility Company, LLC d/b/a Black
Hills Energy.
Suggested Disposition: Receive and File; Approve
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20. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Tri-State
Independent Blind Society and a Class “B” Beer Permit (5-Day Special Event) to
Dubuque Jaycees
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Ten Pin Tap
and Shannon’s Bar and Grill; a Special Class “C” Liquor License to Bell Tower
Productions; and a Class “WBN” Native Wine Permit to Mandolin Inn and Casey’s
General Store #2420
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
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1. U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project
City Manager recommending initiation of the public bidding process for the U.S.
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Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project and that a public
hearing be set for August 18, 2008 to consider approval of the plans and specifications,
form of contract and estimated cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the U.S. Highway 52
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Resurfacing – 32 Street to the Northwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/18/08
2. Greater Downtown Urban Renewal District
City Manager recommending that a public hearing be set for September 2, 2008 to
consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban
Renewal District.
RESOLUTION
of Necessity finding that certain areas adjacent to the Greater Downtown
Urban Renewal District meet the definition of a blighted 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 Resolution; Public Hearing
9/2/08
3. Dubuque Brewing and Malting Company Urban Renewal District
City Manager recommending that a public hearing be set for September 2, 2008 to
consider creation of the Dubuque Brewing and Malting Urban Renewal District which
would include approximately 14 acres of property located along Jackson Street.
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th
RESOLUTION
of Necessity finding that certain property bounded by 30, Jackson, and
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32 Streets and the Heritage Biking Trail is a blighted area and that the redevelopment
of said area is necessary in the interest of the residents of the City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/2/08
4. Spiegel Family Realty of Iowa, LLC – Development Agreement
City Manager recommending that a public hearing be set for September 15, 2008 to
consider approval of a Development Agreement with Spiegel Family Realty of Iowa,
LLC for the construction of a 200,000 square foot speculative industrial building in
Dubuque Industrial Center West.
RESOLUTION
(1) Approving the minimum requirements, competitive criteria, and
offering procedures for the development and the sale of certain real property and
improvements in the Dubuque Industrial Center Urban Renewal District; (2) Determining
that the Development Agreement submitted by Spiegel Family Realty of Iowa, LLC
satisfies the offering requirements with respect to the real property and improvements
and declaring the intent of the City Council to approve the Development Agreement with
Spiegel Family Realty of Iowa, LLC in the event that no competing proposals are
submitted and further declaring the intent of the City Council to dispose of the real
estate described herein upon the terms in the Development Agreement; and (3)
soliciting competing proposals
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/15/08
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.
Historic Preservation Commission (Langworthy District Interim Appointment)
One 3-year vacant term through July 1, 2011 (Term of Wainwright)
Applicant: Pamela Cleek, 285 Burch Street
TV Cable Community Teleprogramming Commission
One 3-year expired term through June 30, 2011 (Term of Hoverman)
Applicant: Sr. Carol Hoverman, 1555 White Street
Appointments to the following Boards/Commissions:
Housing Commission
Three 3-year expired terms through August 17, 2011 (Terms of Helling, Frommelt, Mozena)
Applicants: Linda Frommelt , 140 N. Algona Street
William Helling, 4988 Red Violet Drive
Lynn Sutton, 876 Yale Court
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Library Board of Trustees (Mayor Appointment)
One 4-year vacant term through July 1, 2011 (Term of Shubatt)
Applicant: Matthew Seamer, 432 Summit Street
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. Petrakis Field Turf Replacement Project
Proof of publication on notice of hearing to consider the plans and specifications, form
of contract and estimated cost for the Petrakis Field Turf Replacement Repair Project
and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Petrakis Field Turf Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
2. Dubuque Industrial Center West – Demolition and Grading Project
Proof of publication on notice of hearing to consider the plans and specifications, form
of contract and estimated cost for the Dubuque Industrial Center West – Demolition and
Grading Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Dubuque Industrial Center West – Demolition and Grading Project
Suggested Disposition: Receive and File; Adopt Resolutions
3. Terminal Street Pumping Station Project
Proof of publication on notice of hearing to consider the plans and specifications, form
of contract and estimated cost for the Terminal Street Pumping Station project and
award of the contract to Morse Electric, in the amount of $552,200, and City Manager
recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost,
setting date of public hearing and ordering bids for the Terminal Street Pumping Station
Project
RESOLUTION
Awarding public improvement contract to Morse Electric for the Terminal
Street Pumping Station Project
Suggested Disposition: Receive and File; Adopt Resolutions
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. Dodds River Terminal, Inc.
Communication from Arthur F. Gilloon, representing Dodds River Terminal, Inc.,
requesting to address the City Council regarding the Dubuque Municipal River-Rail
Terminal Lease dated April 10, 1979 and the Shorefront Lease and Easement dated
May 31, 1958 (as amended on October 4, 1968).
February 7, 2002 communication to Dodds River Terminals’ attorney Al Hughes, from
Public Works Director Mike Koch, advising for the record that the Dodds lease was set
to expire on March 31, 2008 for both leases and that because of the redevelopment
taking place in the area, the City had no plans to extend the lease past this date.
Suggested Disposition: Receive and File; Refer to City Manager
2. Keymont Drive – Request to Rezone (First Reading on July 21, 2008)
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located east of
Keymont Drive from R-1 Single-Family Residential District to R-2 Two-Family
Residential District
Communication from Charles Daoud, dated July 26, 2008, responding to City Council
questions regarding the proposed rezoning.
Communication from Charles Daoud, dated July 25, 2008, offering to organize an
educational seminar on “green designs” in partnership with Eric Schmechel (Dubuque
Soil and Water Conservation District) and Wayne Peterson (Iowa Department of
Agriculture Land Stewardship).
Communication from City Manager in response to Mr. Daoud regarding the educational
seminar.
Communication from Kenneth Buesing submitting responses to comments made at the
July 21, 2008 public hearing regarding the request to rezone property on Keymont
Drive.
Communication from Donna Smith requesting that residents of Key Knolls Subdivision
area, including Kyle Stewart and Dean Reichmann, be allowed to address the City
Council regarding the rezoning of property on Keymont Drive.
Suggested Disposition: Receive and File; Motion B; Motion A
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3. Advisory Design Review – Five Points Building
Communication from the Historic Preservation Commission requesting that City Council
allow the Commission to conduct advisory design review of the future Walgreen’s to be
located at the current Five Points building site.
Suggested Disposition: Receive and File; Council
4. Contract for Services – Project HOPE
City Manager recommending approval of a contract with the Community Foundation of
Greater Dubuque to provide staff support to the City’s Project HOPE (Helping our
People Excel) initiative.
Suggested Disposition: Receive and File; Approve
5. Green Alley Pilot Project
City Manager recommending initiation of the public bidding process for the Green Alley
Pilot Project and that a public hearing be set for August 18, 2008 to consider approval of
the plans and specifications, form of contract and estimated cost and further proposing
that this pilot project not be an assessable project.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Green Alley Pilot
Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/18/08
6. Riverfront Marina Project
City Manager recommending approval of in the selection of JJR, from Madison,
Wisconsin, as the professional design consultant for the Port of Dubuque – Riverfront
Marina Project.
Suggested Disposition: Receive and File; Approve
7. Purchase of Services Work Session
City Manager requesting that a new date be selected for the Purchase of Services work
session.
Suggested Disposition: Receive and File; Council
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.
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CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Jeanne F. Schneider
July 31, 2008
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