6 6 11 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
JUNE 6, 2011
RESNICK
SUTTON
BRAIG
BUOL
CONNORS
JONES
LYNCH
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
1. ARC Corporate Community Games Day (June 9, 2011)
2. Dump-the-Pump Day (June 16, 2011)
3. Juneteenth Day (June 19, 2011)
4. Gay Pride Month (June 2011)
5. 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.
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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
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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
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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.
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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
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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
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Street and 2154 W. 3 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.
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RESOLUTION
of Necessity finding that certain property bounded by 28 Street, 30
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
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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
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
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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
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
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
th
corner of 16 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.
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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
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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
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Transportation (IDOT) to convert 9 and 11 Streets from one-way to two-way traffic in
the Historic Millwork District.
RESOLUTION
Requesting the Iowa Department of Transportation approve the
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conversion of 9 and 11 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
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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
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