5 2 11 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
5/2/11
SUTTON
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MAY 2, 2011
PLEDGE OF ALLEGIANCE
INVOCATION
Father Tom Zinkula, Holy Spirit Pastorate
SWEARING IN
Mayor Pro-Tem Lynn Sutton
PROCLAMATIONS
Bike to Work Week (May 16-20, 2011)
National Train Day (May 7, 2011)
Preservation Month (May 2011)
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 3/22; City Council of 4/18; Historic
Preservation Commission of 4/21; Housing Commission of 3/29; Human Rights
Commission of 3/10; Long Range Planning Advisory Commission of 4/20
Library Board of Trustees Update from Meeting of March 24, 2011
Proof of Publication of the City Council Proceedings of April 4, 2011
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Keith Bonnet for vehicle damage; Janice A. Leonard-Harrington for personal injury;
Carolyn Leute for personal injury
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: Keith Bonnet for
vehicle damage; Janice Leonard-Harrington for personal injury; Carolyn Leute for
personal injury; Joyce Terris for property damage; Lois Weinschenk for property
damage
Suggested Disposition: Receive and File; Concur
3. Mediacom
Communication from Mediacom Senior Manager of Government Relations Lee
Grassley advising the City of Dubuque of changes in programming.
Suggested Disposition: Receive and File
4. United States Department of State
Communication from Kerri-Ann Jones, Assistant Secretary of State for Oceans and
International Environmental and Scientific Affairs responding to the City’s request for a
Supplemental Environmental Impact Statement (EIS) for the Keystone XL pipeline.
Suggested Disposition: Receive and File
5. Civic Center Commission
Communication from Marilynne Field submitting her resignation from the Civic Center
Commission.
Suggested Disposition: Receive and File; Accept Resignation
6. Substance Abuse Services Center (SASC)
Substance Abuse Services Center Executive Director Diane K. Thomas submitting the
SASC Third Quarter Report.
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Suggested Disposition: Receive and File
7. Lead Hazard and Healthy Homes Program
City Manager recommending approval of the execution of the amendments to the
contracts for the Lead Hazard and Healthy Homes Program awards through the U.S.
Department of Housing and Urban Development.
Suggested Disposition: Receive and File; Approve
8. Purchase of Property – 1753 Washington Street
City Manager recommending purchase of property at 1753 Washington Street for
deconstruction and removal.
RESOLUTION
Approving the Acquisition of real estate located at 1753 Washington
Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
9. Carnegie-Stout Public Library Renovation Project
City Manager recommending acceptance of the construction contract for the Carnegie-
Stout Public Library Renovation Project – Contract No. 3 as completed by Dubuque
Glass Company in the final amount of $292,177.
RESOLUTION
Accepting the Carnegie-Stout Public Library Renovation Project,
Contract No. 3 – aluminum entrances, skylights & glazing systems, and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
10. Iowa Department of Transportation (IDOT)
City Manager recommending approval of a five-year agreement with the Iowa
Department of Transportation (IDOT) for maintenance and repair of primary highways
within the City’s corporate limits.
Suggested Disposition: Receive and File; Approve
11. Paragon Square Urban Revitalization Area Plan
Communication from the Long Range Planning Advisory Commission recommending
approval of the proposed Paragon Square Urban Revitalization Area Plan advising that
it is consistent with the 2008 Dubuque Comprehensive Plan.
Suggested Disposition: Receive and File
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12. Plat of Survey – Youtzy Subdivision
Zoning Advisory Commission recommending approval of the Plat of Survey for the
Youtzy Subdivision as requested by Davie Schneider and Ricky Youtzy.
RESOLUTION
Approving the Plat of Survey of Youtzy Subdivision in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
13. Request for Proposals – City Hall Cooling Upgrade Design
City Manager recommending approval to issue a Request for Proposals for the City Hall
Cooling Upgrade Project.
Suggested Disposition: Receive and File; Approve
14. Bee Branch Creek Restoration Project – Purchase of 507 Garfield Avenue
City Manager recommending purchase of commercial property at 507 Garfield Avenue
from IBC Sales Corporation (Continental Baking Co.) at the appraised value of
$250,000 for the Bee Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate owned by IBC Sales Corporation
in the City Of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
15. Bee Branch Creek Restoration Project - Purchase 1502 Maple Street
City Manager recommending approval to establish the fair market value of 1502 Maple
Street at the appraised value of $73,000 and authorize the City Manager to begin
negotiations to acquire the property for the Bee Branch Creek Restoration Project
RESOLUTION
Establishing the fair market value of certain real property owned by
Milton E. Schwartz in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
16. Bee Branch Creek Restoration Project - Purchase of East Dubuque Addition
City Manager recommending approval to establish the fair market value of W ½ and E
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½ Lot 351 East Dubuque Addition (NE corner of East 15 and Cedar Streets) at the
appraised value of $66,950 and authorize the City Manager to begin negotiations to
acquire the property for the Bee Branch Creek Restoration Project
RESOLUTION
Establishing the fair market value of certain real property owned by
Junnie and Rich’s coin in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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17. Dubuque Regional Airport RISE Grant Agreement
City Manager recommending approval of the Revitalize Iowa’s Sound Economy (RISE)
grant agreement for the construction of a road west from Highway 61 to access lots in
the Dubuque Regional Airport.
RESOLUTION
Authorizing a Revitalize Iowa’s Sound Economy (RISE) grant agreement
acceptance for the construction of a road west from Highway 61 to access lots in the
Dubuque Regional Airport Industrial Park
Suggested Disposition: Receive and File; Adopt Resolution
18. Fiscal Year 2012 Detailed Operating Budget for the Five Flags Center
City Manager recommending approval of the detailed Fiscal Year 2012 operating
budget for the Five Flags Center as submitted by SMG.
Suggested Disposition: Receive and File; Approve
19. Smart Planning Consortium Update
City Manager providing an update on the March 9 and April 6, 2011 Smart Planning
Consortium meetings and public participation training for City Council consideration.
Suggested Disposition: Receive and File
20. Mathias Ham House
City Manager submitting a letter of support regarding a grant application for the Mathias
Ham House by the Silos and Smokestacks National Heritage Area.
Suggested Disposition: Receive and File
21. Serve America
City Manager submitting a press release from Serve America announcing that, “Ten
public and private partner organization and seven different National Service Programs
celebrated the two year anniversary of the Edward M. Kennedy Serve America Act with
a ‘Serve America’ bus tour through Dubuque, Iowa, on April 21, 2011 as one of nine
communities selected across the country.”
Suggested Disposition: Receive and File
22. Iowa Finance Authority (IFA)
City Manager submitting a communication from David Vaske, Tax Credit Manager for
the Iowa Finance Authority, notifying the City that a Low-Income Housing Tax Credit
application has been submitted for the Rose of Dubuque Project.
Suggested Disposition: Receive and File
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23. Friends of the Mines of Spain
City Manager submitting a press release from the Friends of the Mines of Spain
announcing receipt of an award for Excellence in Interpretive Support from the National
Association for Interpretation Region 5.
Suggested Disposition: Receive and File
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24. Purchase of Property at 375 East 9 Street (Alamo Property)
City Manager recommending acceptance of a Warranty Deed from Rouse and Dean
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Building, LLC for property located at 375 East 9 Street known as the Alamo property.
RESOLUTION
Accepting the deed to certain real estate in Dubuque County, Iowa, from
Rouse and Dean Foundry Building, LLC.
Suggested Disposition: Receive and File; Adopt Resolution
25. Encephalitis Monitoring Memorandum of Understanding (MOU)
City Manager recommending approval of a Memorandum of Understanding (MOU) with
the Iowa Department of Public Health for services related to Encephalitis and West Nile
disease monitoring.
Suggested Disposition: Receive and File; Approve
26. Special Assessment
Communication from John Herrig, 13750 Surrey Lane, requesting that a special
assessment for garbage removal at his property at 695 / 697 Caledonia Street be
forgiven.
Suggested Disposition: Receive and File; Refer to City Attorney
27. Dubuque County Fine Arts Society (DCFAS)
Mayor Buol submitting a letter of support for the Dubuque County Fine Arts Society
(DCFAS) with respect to its Iowa Community Cultural Grant request.
Suggested Disposition: Receive and File
28. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Carolos
O’Kelly’s, West Dubuque Tap, Tott’s Tap, Shot Tower Inn, Bar X; Class “B” Wine permit
to Oky Doky #2, Oky Doky #1, Beecher Beverage, Walgreen Drug #9708; Class “WBN”
Native Wine Permit to Keywest Conoco, Tobacco Outlet; Class “WCN” Native Wine
Permit to Stone Cliff Winery, Inc.
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RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Dubuque County
Fine Arts, Music N More Promotions; Class “C” Beer Permit to Ron’s Discount
Smokes/Beverage; Walgreens #9708, Beecher Beverage, Keywest Conoco, Tobacco
Outlet #504, McCann Service, Oky Doky #1, Oky Doky #2
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.
1. US Hwy 61 / 151 Capacity Improvements
City Manager recommending initiation of the public bidding process for the US. Hwy
151/16 Capacity Improvements and that a public hearing be set for May 16, 2011.
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
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/16/11
2. Walter Development, LLC and TM Logistics, Inc.
City Manager recommending that a public hearing be set for May 16, 2011 on the
disposition of approximately 2.616 acres at the Dubuque Industrial Center West for
Walter Development, LLC and TM Logistics, Inc.
RESOLUTION
Intent to dispose of an interest in city of Dubuque real estate and fixing
the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the
execution of a development agreement relating thereto with Walter Development, LLC
and TM Logistics, Inc. And providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/16/11
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.
Electrical Code Board
Three 3-year terms through May 22, 2011 (Expiring terms of Dixon, Hammel, and
Mueller)
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Applicants:
James Dixon, 2505 Marquette Place
Dan Hammel, 3163 Hillcrest Road, #4
Ronald Mueller, 3780 Sunlight Ridge
Human Rights Commission
Two 3-year terms through January 1, 2013 (Vacant terms of Apel and Sutton)
Applicants:
Shayna Boxleiter, 350 Hill Street
Kimberly Schroeder, 2577 Greeley Street
This Commission is subject to the 2012 State of Iowa Gender Balance Law
Safe Community Advisory Committee
One 1-year term through December 31, 2011 (Vacant term of Sutton)
Applicants:
Amanda Elkins, 2257 Chaney Road, #2
Douglas Ropa, 1190 University Avenue
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. Greater Downtown Urban Renewal District Expansion
Proof of publication on notice of public hearing to consider expansion of the Greater
Downtown Urban Renewal District.
Communication from the Long Range Planning Advisory Commission recommending
approval of the proposed Greater Dubuque Urban Renewal District Expansion advising
that it is consistent with the 2008 Dubuque Comprehensive Plan.
RESOLUTION
Approving the Amended and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District.
Suggested Disposition: Receive and File; Adopt Resolution
2. Proceedings for Reallocation of General Obligation Bonds Series 2009A and
Series 2010A
Proof of publication on notice of public hearing to consider the reallocation of $121,000
in unspent proceeds of the General Obligation Bonds Series 2009A and Series 2010A
and the City Manager recommending approval.
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RESOLUTION
Instituting Proceedings to Take Additional Action and approving the
reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2009A
(Taxable Build America Bonds), and General Obligation Bonds, Series 2010A of the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
3. 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project
Proof of publication on notice of public hearing to consider approval of plans and
specifications, form of contract and the estimated cost for the 2011 Sewer Cured-in-
Place (CIPP) Lining Project
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost
for the 2011 Sewer Cured in Place Pipe (CIPP) Lining Project.
Suggested Disposition: Receive and File; Adopt Resolution
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. Settlement Agreement
City Attorney submitting a Settlement Agreement and General Release for Jeanne
Schneider
Suggested Disposition: Receive and File; Approve
2. City Clerk Recruitment Process
City Manager requesting direction on the City Clerk recruitment process.
Suggested Disposition: Receive and File; Council
3. Long Range Planning Advisory Commission
City Attorney submitting a draft amendment to the Long Range Planning Advisory
Commission ordinance eliminating the appointment of a member of the City Council to
the Commission.
Communication from Council Member Karla Braig
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 15 Planning and
Zoning, Chapter 2 Long Range Planning Advisory Commission, Section 15-2-1
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Providing for the Composition of the Long Range Planning Advisory Commission by
Eliminating a Member of the City Council on the Commission
Suggested Disposition: Receive and File; Motion B, Motion A
4. Purchase of Property – 1104 Riverview Drive
City Manager recommending purchase of property at 1104 Riverview Drive for
deconstruction and redevelopment.
Suggested Disposition: Receive and File; Approve
5. Kaufmann Avenue Utilities Project Award of Contract
City Manager recommending award of the contract for the Kaufmann Avenue Utilities
Project to McDermott Excavating in the amount of $227,693.10.
RESOLUTION
Awarding public improvement contract for the Kaufmann Avenue Utility
Project
Suggested Disposition: Receive and File; Adopt Resolution
6. Tenth and Central Parking Ramp Message Center
City Manager recommending approval of the design and placement of a message
center adjacent to the parking ramp at 975 Central Avenue.
Communication from the Historic Preservation Commission
Suggested Disposition: Receive and File; Approve
7. Operating Protocol for Unreserved Parking Ramps
City Manager recommending changing the operation of the Iowa Street Ramp from a
person leasing an individually identified parking space to a person leasing a space that
the location on a given day would be on a first-come first-serve basis.
Suggested Disposition: Receive and File; Approve
8. Dubuque Levee and Floodwall System Certification
City Manager recommending approval of a resolution adopting the updated Operations
and Maintenance Manual, the updated Emergency Flood control Plan, and authorization
to submit the documentation for certification of the Dubuque Local Flood Protection
Project Levee to the Federal Emergency Management Agency (FEMA)
RESOLUTION
adoptingoperations and maintenance manual, emergency flood control
plan, and interim risk reduction plan for the Dubuque Local Flood Protection Project
Levee
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Suggested Disposition: Receive and File; Adopt Resolution
9. City Council Appointments
Appointments to fill vacancies on City Council boards and committees
Suggested Disposition: Receive and File; Council Appointments
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
Kevin S. Firnstahl
Acting City Clerk
April 28, 2011
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