6 6 11 City Council Agenda with Supporting Documents
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, JUNE 6, 2011
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor Rex Rains, New Life Church
PROCLAMATIONS
ARC Corporate Community Games Day (June 9, 2011)
Dump-the-Pump Day (June 16, 2011)
Juneteenth Day (June 19, 2011)
Gay Pride Month (June 2011)
Apples for Students Months (June/July 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 of 4/26; City Council Proceedings of 5/16; Community Development Advisory Commission of 4/20; Environmental Stewardship Advisory Commission
of 5/4; Housing Code Appeals Board of 2/15; Housing Commission of 4/26; Long Range Planning Advisory Commission of 5/18; Safe Community Advisory Committee of 4/13
Proof of Publication for City Council Proceedings of May 2, 2011
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Jennifer Hess for vehicle damage; James Lehman for vehicle damage; Gina Lynch for vehicle damage; Tricia Mergen 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: Danielle Basten for vehicle
damage; Jennifer Hess for vehicle damage; James Lehman for vehicle damage; Gina Lynch for vehicle damage
Suggested Disposition: Receive and File; Concur
3. Gardener and Assistant Gardener
City Manager recommending that the positions of Gardener and Assistant Gardener be re-titled as Horticulturist and Assistant Horticulturalist and approval to eliminate one Gardener position,
creation of one Horticulturist position, and eliminate two Assistant Gardner positions and create two Assistant Horticulturist positions.
Suggested Disposition: Receive and File; Approve
4. Natural Resources and Sustainable Practices Specialist
City Manager recommending the elimination of a Foreman position in the Leisure Services Department and the creation of a Natural Resources and Sustainable Practices Specialist position.
Suggested Disposition: Receive and File; Approve
5. Landfill Equipment Operator
City Manager recommending the elimination of the Landfill Foreman position in the Public Works Department and the creation of a Landfill Equipment Operator position.
Suggested Disposition: Receive and File; Approve
6. Lead Mechanic
City Manager recommending the elimination of one Lead Mechanic position in the Leisure Services Department and creating one Mechanic position.
Suggested Disposition: Receive and File; Approve
7. Collective Bargaining Agreement (Bus Operators)
City Manager recommending approval of a three-year Collective Bargaining Agreement between the City of Dubuque and the Teamsters Local Union No. 120 (Bus Operators) for the contract
period beginning July 1, 2011.
RESOLUTION Approving the agreement between the City of Dubuque, Iowa, and the Teamsters Local Union No. 120 (Bus Operators) and authorizing the Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
8. Request to Vacate – 1900 Block of Garfield Avenue
Communication from Brian Goranson, 1956 Garfield Avenue, requesting that the City vacate the alley behind the east side of the 1900 block of Garfield Avenue.
Suggested Disposition: Receive and File; Refer to City Manager
9. Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
Communication from Iowa Secretary of State Matt Schultz informing the City that the documents pertaining to the voluntary annexation of territory to the City of Dubuque for the Dubuque
Metropolitan Area solid Waste Agency (DMASWA) have been filed.
Suggested Disposition: Receive and File
10. City of Dubuque Code of Ordinances
City Manager recommending rescinding Resolution No. 77-11 and approval of Supplement No. 4 to the City of Dubuque Code of Ordinances.
RESOLUTION Rescinding Resolution No. 77-11 and adopting Supplement No. 4 to the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
11. Long Range Planning Advisory Commission
Communication from the Long Range Planning Advisory Commission requesting that the City Council give strong consideration to gender equality and diversity when considering applicants.
Suggested Disposition: Receive and File
12. Westbrook Subdivision Phase 1
City Manager recommending acceptance of the public improvements with exceptions on North Westbrook Drive, South Westbrook Drive, Trails Edge Drive, Pebble Creek Drive, and Commerce Park,
which the developer, Callahan Construction, has recently completed in Westbrook Subdivision – Phase 1.
RESOLUTION Accepting public improvements in Westbrook Subdivision – Phase 1
Suggested Disposition: Receive and File; Adopt Resolution
13. Historic Federal Building
City Manager transmitting correspondence from Rachel Franklin Weekely of the U.S. Department of the Interior –National Park Service in response to the City’s December 2010 biennial report
on the Historic Federal Building.
Suggested Disposition: Receive and File
14. Spiegel Development Agreement – First Amendment
City Manager recommending approval of the first Amendment to the Development Agreement with Spiegel Family Realty Company Iowa, LLC to provide for a two-year extension of the job creation
period.
RESOLUTION Approving the First Amendment to the Spiegel Family Realty Company Iowa, LLC Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
15. Downtown Housing Program – Bonson’s Block Ventures, LLC
City Manager recommending approval of a Downtown Housing Program extension to Bonson’s Block Ventures, LLC allowing the developer an additional six months, until December 31, 2011, for
project completion.
RESOLUTION Approving an extension for the Downtown Housing Program Grant Award to Bonson’s Block Ventures, LLC
Suggested Disposition: Receive and File; Adopt Resolution
16. Request for Proposals – Grand River Center Electric Smart Meters Design
City Manager recommending the issuance of a Request for Proposals for the Grand River Center electric smart meters design.
Suggested Disposition: Receive and File; Approve
17. Dubuque Water Sports Club – Lease Agreement
City Manager recommending approval of the annual lease with the Dubuque Water Sports Club (formerly Dubuque Water Ski Club).
Suggested Disposition: Receive and File; Approve
18. Bunker Hill Golf Course Irrigation Renovation Project
City Manager recommending acceptance of the Bunker Hill Golf Course Irrigation Renovation Project as completed by Midwest Irrigation, LLC in the final contract amount of $159,380.00.
RESOLUTION Accepting the Bunker Hill Golf Course Irrigation Renovation Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
19. E. B. Lyons Nature Center Expansion Project
City Manager recommending acceptance of the E. B. Lyons Nature Center Expansion Project as completed by Stumpf Construction, Inc., in the final contract amount of $1,304,654.54.
RESOLUTION Accepting the E. B. Lyons Nature Center Expansion Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
20. Green and Healthy Homes Initiative
City Manager recommending approval to execute a compact to become a green and Healthy Homes Pilot City through the National Green and Healthy Homes Initiative.
Suggested Disposition: Receive and File; Approve
21. Sustainable Dubuque
City Manager transmitting the Sustainable Dubuque Project Status Report for April 2011.
Suggested Disposition: Receive and File
22. Community Oriented Policing Services (COPS)
City Manager recommending approval to submit a Community Oriented Policing Services (COPS) Hiring Grant in the amount of $224,729 for the purpose of obtaining grant funding for one Community
Policing Outreach Corporal.
Suggested Disposition: Receive and File; Approve
23. Wellmark Foundation Healthy Local Foods Grant
City Manager recommending approval of a Letter of Intent to the Wellmark Foundation requesting $25,000 in funding for healthy local foods projects.
Suggested Disposition: Receive and File; Approve
24. Bee Branch Creek Restoration Project – Engineering Services
City Manager recommending approval and execution of an agreement with HDR Engineering (HDR) whereby HDR will provide engineering services related to the railroad bridge required for
the Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Approve
25. Signed Contracts
1.) Miron Construction Co. Change Order No. 7 for the Water Pollution Control Plant Modifications; 2) TwistHDM (Limelight) contract for the re-lamping of the Iowa Street Parking Ramp;
3) Green Dubuque, Inc. improvement contract to perform storm drain labeling; 4) Ted Stackis Construction contract for deconstruction of properties on Kniest Street for the Bee Branch
Creek Restoration Project; 5) R&R Visuals contract for the Water Pollution Control Plant Modifications Outfall Assessment
Suggested Disposition: Receive and File
26. Liquor License Applications
City Manager recommending approval of annual liquor and cigarette license renewals as submitted.
RESOLUTION Granting the issuance of thirty-two (32) renewal permits to sell cigarettes within the City of Dubuque
RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Buffalo Wild Wings, Fischer Lanes, Diamond Jo Casino, Los Aztecas III, Monk’s Kaffee Pub (1-Day Outdoor Sale),
Rainbow Lounge (1-Day Outdoor Sale); a Special Class “BW” Liquor License to Off Minor; a Class “B” Wine Permit to Walgreen’s #11942, HyVee Wine & Spirits, and Hartig Drug #2; and a Class
“WBN” Native Wine to Accessorize Me
RESOLUTION Granting the issuance of a Class “B” Beer Permit to Dubuque All That Jazz; a Class “C” Beer Permit to Walgreen’s #11942, HyVee Wine & Spirits, Kwik Start #495, and Hartig
Drug #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. Vacating Petition – University of Dubuque
City Manager recommending that a public hearing be set for June 20, 2011 to consider a request from the University of Dubuque to vacate a portion of unimproved public alley west of Algona
Street between West Third Street and Bennett Street.
Communication from the University of Dubuque requesting that the City vacate a portion of the street/alley abutting the University’s property at 2184, 2164 and 2154 Bennett Street and
2154 W. 3rd Street to provide parking for its performing arts center.
RESOLUTION of Intent to vacate and dispose of City interest in Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/20/11
2. Holy Ghost Urban Renewal District
City Manager recommending approval of a Resolution of Necessity finding that the creation of a new Holy Ghost Urban Renewal District is both necessary and appropriate and that a public
hearing be set for July 18, 2011.
RESOLUTION of Necessity finding that certain property bounded by 28th Street, 30th Street, Central Avenue and the bluff 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 7/18/11
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.
Human Rights Commission
Two 3-year terms through January 1, 2012 (vacant terms of Apel and Sutton)
Applicants:
Regine Ronek, 2282 White Street
Judie Root, 364 Hill 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.
Paragon Square Urban Revitalization Plan
City Manager recommending approval to remove the Paragon Square Urban Revitalization Area Plan from the Public Hearing Agenda.
Suggested Disposition: Receive and File; Approve
SUSPEND THE RULES
1. Paragon Square Urban Revitalization Plan
Proof of publication on notice of public hearing to consider approval of the proposed Paragon Square Urban Revitalization Area Plan.
RESOLUTION Finding that the designation of the Paragon Square Urban Revitalization plan is necessary in the interest of the public health, safety and welfare of the residents of the
City of Dubuque, Iowa and providing for a public hearing thereon
Suggested Disposition: Receive and File; Adopt Resolution
Material from May 2, 2011 City Council Meeting
Material from the April 18, 2011 City Council Meeting
2. Engine House #1 LLC – Development Agreement
Proof of publication on notice of public hearing to consider a development agreement between the City of Dubuque and Engine House #1, LLC., a subsidiary of Dubuque Initiatives, to sell
and rehabilitate the Engine House #1 building (1805 Central Avenue), which formerly housed the Housing Department offices and the City Manager recommending approval.
RESOLUTION (1)the disposal of an interest in real property owned by the City of Dubuque by sale between the City of Dubuque, Iowa and Engine House #1, LLC, an Iowa Limited Liability
Company and (2) approval of a development agreement with Engine House #1, LLC to rehabilitate 1805 Central Avenue
Suggested Disposition: Receive and File; Adopt Resolution
Material from April 18, 2011 City Council Meeting
3. Kaufmann Avenue Resurfacing HMA Resurfacing Project
Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for the Kaufmann Avenue HMA Resurfacing Project
(John F. Kennedy Road to Carter Road) and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project
No. STP-U-2100 (662)--70-31
Suggested Disposition: Receive and File; Adopt Resolution
Material from the May 16, 2011 City Council Meeting
4. ABC Supply Lease Agreement
Proof of publication on notice of public hearing to consider a five-year lease of a building located at 10 S. Main Street to American Builders and Contractor’s Supply Co., Inc. (ABC),
and the City Manager recommending approval.
RESOLUTION Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and American Builders and Contractor’s Supply
Co., Inc. (ABC Supply)
Suggested Disposition: Receive and File; Adopt Resolution
Material from the May 16, 2011 City Council Meeting.
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. Greater Dubuque Development Corporation - Report
Rick Dickinson Executive Director – Greater Dubuque Development Corporation, providing a verbal update on the activities of the Greater Dubuque Development Corporation.
Suggested Disposition: Receive and File
2. Dubuque Packing Company Memorial
Communication from Chuck Stoltz, former Chairman and President of the Dubuque Packing Company, proposing an informative tribute memorial located at the southwest corner of 16th and Sycamore
Streets.
Suggested Disposition: Receive and File, Council
3. Final Plat – English Ridge Subdivision No. 2
City Manager recommending approval of the final plat of English Ridge Subdivision No. 2.
RESOLUTION Authorizing approval of the final Plat of English Ridge subdivision No. 2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
4. Downtown Rehabilitation Loan Program - 39 Bluff Street
City Manager recommending a resolution approving a letter of commitment for a Downtown Rehabilitation Loan of $300,000, Design Grant for $10,000, a Façade Grant of $10,000 and a Financial
Consultant Grant of $5,000 for Franklin Investments, LLC to support their rehabilitation of property located at 39 Bluff Street (former Central Alternative School building
RESOLUTION Authorizing a letter of commitment and additional actions concerning a Downtown Rehabilitation Loan, Design Grant, Façade Grant and Financial Consultant Grant to 39 Bluff
Street
Suggested Disposition: Receive and File; Adopt Resolution
5. Fiscal Year 2011 Arts and Cultural Funding Program for Operating Support
Arts and Cultural Affairs Advisory Commission recommending approval of fourteen Fiscal Year 2012 Arts and Cultural Funding Program Operating Support requests and authorization for the
City Manager to sign the funding agreements.
Suggested Disposition: Receive and File; Approve
6. Tax Increment Financing Ordinance for the Greater Downtown Urban Renewal District
City Manager recommending approval of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District to establish the use of Tax Increment
Financing collection on recently expanded areas of the district.
ORDINANCE Amending Ordinance Nos. 51-10, 64-97 and 43-94, each 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 Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Motion B, Motion A
7. U.S. 61 / 151 Capacity Improvements Project
City Manager recommending award of the public improvement contract for the U.S. 61/151 Capacity Improvements Project to Tschiggfrie Co., Inc., in the amount of $964,338.65.
RESOLUTION Awarding public improvement contract for the US 61/151 Capacity Improvements Project, Iowa DOT Project No. STP-A-061-8(128) – 22-31
Suggested Disposition: Receive and File; Adopt Resolution
8. Iowa Department of Transportation (IDOT)
City Manager recommending approval of a request to the Iowa Department of Transportation (IDOT) to convert 9th and 11th Streets from one-way to two-way traffic in the Historic Millwork
District.
RESOLUTION Requesting the Iowa Department of Transportation approve the conversion of 9th and 11th Streets to two-way traffic
Suggested Disposition: Receive and File; Adopt Resolution
9. Towing Services – Amendment to Contract
City Manager recommending approval of a request from Wenzel Towing for an increase in fees for the remainder of the contract period related to the increase in fuel costs.
Suggested Disposition: Receive and File; Approve
10 Catfish Creek Watershed Partnership – 28E Agreement
City Manager recommending approval to enter into a 28E agreement for the Catfish Creek Watershed Partnership with Dubuque County and the Dubuque Soil and Water Conservation District
(DSWCD) for the development of a Watershed Management Plan for the Catfish Creek Watershed.
Communication from the Environmental Stewardship Advisory Commission.
RESOLUTION Authorizing the execution of a 28E Agreement with Dubuque County and the Dubuque Soil and Water Conservation District regarding the preparation and implementation of a watershed
management plan for the Catfish Creek Watershed Basin
Suggested Disposition: Receive and File; Adopt Resolution
11. Fundraising Car Washes
City Manager transmitting information regarding fundraising car washes within the City of Dubuque as it relates to stormwater management and the City’s National Pollution Discharge Elimination
System (NPDES) municipal separate storm sewer system (MS4) permit.
Communication from the Environmental Stewardship Advisory Commission.
Suggested Disposition: Receive and File
12. Bee Branch Creek Restoration Project – Purchase of Property and Design Modifications
City Manager recommending approval to begin the process of acquiring additional property for the Bee Branch Creek Restoration Project and project design modifications.
Suggested Disposition: Receive and File; Approve
13. Greater Dubuque Development Corporation – Board Appointments
Communication from Rick Dickinson, Greater Dubuque Development Corporation, requesting appointments to the Greater Dubuque Development Corporation 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
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
June 2, 2011