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Proof of Publication_City Council Proceeindgs 6 6 11aragon evitali- from earing by and is and men - by Sut- d 7 -0. ULES rules allow - ent to City Square ization of notice 'ng to sal of ragon evitali- This oved by a 1LLC- Agree - publi- ce of to elop- ment ity of Engine C. a fugue I and ngine ilding enue), oused epart- d the corn- oval. to the adopt 185 -11 of an real y the by City and LLC, mited and of a gree- ngine to Cen- nded ond- from Van vided ation Tax that could tional area. enue Pro- of otice g to al of 2: City Manager recommending appro- val of the Final Plat of English Ridge Sub- division No. 2. Motion by Connors to receive and file the documents and adopt Resolution No. 188 -11 Authorizing approval of the Final Plat of English Ridge Subdivision No. 2 in the City of Dubuque, Iowa. Seconded by Jones. Responding to ques- tions from City Council, Assistant Planner Kyle Kritz state that this project is grandfather - ed and not subject to the 40 -Point language of the Unified Develop- ment Code. He added that open space was not required in this phase as it was dedi- cated in the first phase. Motion carried 7 -0. Downtown Rehabilit- ation Loan Program - 39 Bluff Street: City Manager recommend- ing a resolution approving a Letter of Commitment for a Downtown Rehabilita- tion Loan of $300,000, Design Grant for $10,000, a Facade Grant of $10,000 and a Financial Consultant Grant of $5,000 for Franklin Investments, LLC to support their rehabilitation of pro- perty located at 39 Bluff Street (former Central Alternative School building). Motion by Lynch to receive and file the documents and adopt Resolution No. 189 -11 Authorizing a Letter of Commitment and additional actions concerning a Down- town Rehabilitation Loan, Design Grant, Facade Grant and Financial Consultant Grant to 39 Bluff Street. Seconded by Jones. Motion carried 7 -0. Fiscal Year 2012 Arts and Cultural Funding Program for Operating Support: Arts and Cultural Affairs Advi- sory Commission recommending ap- proval of 14 Fiscal Year 2012 Arts and Cultural Funding Program Oper- ating Support requests and authorization for the City Manager to sign the funding agreements. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion Motion by Connors for final consideration and passage of Ordinance No. 33 -11 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. Seconded by Jones. Motion carried 7 -0. U.S. 61 / 151 Capacity Improvements Project: City Manager recom- mending 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. Motion by Jones to receive and file the documents and adopt Resolution No. 190 -11 Awarding public improvement contract for the US 61/151 Capacity Improve- ments Project, Iowa DOT Project No. STP -A- 061- 8(128) - 22 -31. Seconded by Connors. Responding to ques- tions from City Council, City Engineer Gus Psihoyos stated that the project should be completed fall of 2011. Motion carried 7 -0. Iowa Department of Transportation (IDOT): City Manager recom- mending approval of a request to the Iowa Department of Trans- portation (IDOT) to convert 9th and 11th Streets from one -way to two -way traffic in the Historic Millwork District. Motion by Connors to receive and file the documents and adopt Resolution No. file the documents and approve the recom- mendation. Seconded by Braig. Responding to questions from City Council, Acting Police Chief Terry Tobin stated that the con- tract allows for all towing requested by the City and that a citizen is responsible for the costs incurred for their vehicles. (Additional information was shared during Public Input). Motion carried 7 -0. Catfish Creek Water- shed Partnership - 28E Agreement: City Man- ager recommending approval to enter into a 28E agreement for the Catfish Creek Water- shed Partnership with Dubuque County and the Dubuque Soil and Water Conservation District (DSWCD) for the development of a Watershed Manage- ment Plan for the Catfish Creek Water- shed Basin. Communication from the Environmental Stewardship Advisory Commission. Motion by Connors to receive and file the documents and adopt Resolution No. 192 -11 Authorizing the execu- tion of a 28E Agree- ment with Dubuque County and the Dubuque Soil and Water Conservation District regarding the preparation and imple- mentation of a water- shed management plan for the Catfish Creek Watershed Basin. Seconded by Braig. Motion carried 7 -0. Fundraising Car Washes: City Manager transmitting informa- tion regarding fundrai- sing car washes within the City of Dubuque as it relates to storm - water 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. Motion by Connors to receive and file the documents. Seconded by Braig. Resnick expressed a recom- mendation for all car washes to use the sanitary sewer, bio- degradable soap, bar- . ments ar- ments 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). Motion by Jones to receive and file the document and re- appoint Mayor, Council Members Con- nors and Lynch, City Manager Van Milligen and Economic Develop- ment Director Heiar. Seconded by Braig. Motion carried 7 -0. COUNCIL MEMBER REPORTS Braig reported on the upcoming HEART Program fund raising event at Monk's Kaffee Pub on June 12 from 1- 5 p.m. Jones encouraged residents to continue to patronize the busi- nesses along Central Avenue during the street reconstruction. Connors asked staff to explore options for blocking off streets, which could potentially hurt businesses during City projects. PUBLIC INPUT Central Avenue business owners Heidi Koltes (Heidi's Home Baked Goods, 27th & Central), Aaron Fagan (Fagan's Shoe Repair, 2327 Central), Bill Beauchamp (Tri -State Auto, 2403 Central) expressed their con- cerns over the decrease in business and parking difficulty since the closing of Central Avenue for reconstruction. They stated that directional signage is confusing and ineffective and requested assistance from the City. Tony Willis (Heidi's Home Baked Goods em- ployee) and Mike Ansel, 2780 Central Avenue, spoke in support of the business owners. Mr. Ansel informed the Council about a traffic ticket he received while trying to maneuver through the construction area. Responding to ques- tions from City Council, City Manager Van Milligen and City Engineer Gus Psihoyos stated that additional options are being considered to expedite STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 15, 2011, and for which the charge is $359.39. L °vt, vL4 P iar J Subscribed to before me otary Public in and for Dubuque County, Iowa, this /5a day of 20 // Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYE. Commission Number 1548;: CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on June 6, 2011 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick (Via Telephone), Sutton, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Rex Rains of New Life Church. PROCLAMATIONS ARC Corporate Community Games Day (June 9, 2011) presented and read; Dump- the -Pump Day (June 16, 2011) presented and read; Juneteenth Day (June 19, 2011 was accepted by Kathy Sutton, NAACP Treasurer and Juneteenth Day committee member; Operator: City Man- ager recommending the elimination of the Landfill Foreman position in the Public Works Department and the creation of a Landfill Equipment Operator position. Upon motion the documents were received, filed, and approved. Lead Mechanic: City Manager recommend- ing the elimination of one Lead Mechanic position in the Leisure Services Department and creating one Mechanic position. Upon motion the documents were received, filed, and approved. Collective Bargaining Agreement (Bus Opera- tors): City Manager recommending ap- proval 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 begin- ning July 1, 2011. Upon motion the documents were received and filed and Resolution No.173- 11 Approving the agreement between the City of Dubuque, Iowa, and the Team- sters Local Union No. 120 (Bus Operators) and authorizing the Mayor to sign the agreement was adopted. Request to Vacate - 1900 Block of Garfield Avenue: Communica- tion from Brian Goranson, 1956 Gar- field Avenue, request- ing that the City vacate the alley behind the east side of the 1900 block of Garfield Avenue. Upon motion the document was received, filed, and referred to the City Manager. Dubuque Metropoli- tan 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. Upon motion the document was received and filed. City of Dubuque Code of Ordinances: City Manager recommend- ing rescinding Resolu- tion No. 77 -11 and approval of Supple- ment No. 4 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 174- 11 Rescinding Resolu- tion No. 77 -11 and adopting Supplement No. 4 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. Long Range Planning Advisory Commission: Communication from the Long Range Plan- Water Sports Club (formerly Dubuque Water Ski Club). Upon motion the documents were received, filed, and approved. Bunker Hill Golf Course Irrigation Reno- vation Project: City Manager recommend- ing 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. Upon motion the documents were received and filed and Resolution No. 178- 11 Accepting the Bunker Hill Golf Course Irrigation Renovation Project and authorizing the payment of the contract amount to the contractor was adopted. E. B. Lyons Nature Center Expansion Pro- ject: City Manager recommending accept- ance of the E. B. Lyons Nature Center Expan- sion Project as com- pleted by Stumpf Construction, Inc., in the final contract amount of $1,304,654.54. Upon motion the documents were received and filed and Resolution No. 179- 11 Accepting the E. B. Lyons Nature Center Expansion Project and authorizing the pay- ment of the contract amount to the con- tractor was adopted. Green and Healthy Homes Initiative: City Manager recommend- ing approval to execute a compact to become a green and Healthy Homes Pilot City through the National Green and Healthy Homes Initiative. Upon motion the documents were received, filed, and approved. Sustainable Dubuque: City Manager transmit- ting the Sustainable Dubuque Project Status Report for April 2011. Upon motion the documents were received and filed. Community Oriented Policing Services (COPS): City Manager recommending appro- val to submit a Community Oriented Policing Services (COPS) Hiring Grant in the amount of $224,729 for the purpose of obtaining grant fund- ing for one Community Policing Outreach Cor- poral. Upon motion the documents were received and filed. Wellmark Foundation Healthy Local Foods Grant: City Manager recommending appro- val of a Letter of Intent to the Wellmark Foundation requesting $25,000 in funding for healthy local foods projects. Upon motion the documents were received, filed and approved. Bee Branch Creek Restoration Project - Engineering Services: City Manager recom- mending approval and execution of an 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. Upon motion the documents were received and filed and Resolution No. 183-11 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, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2011 in the Historic Federal Building. Holy Ghost Urban Renewal District: City Manager recommend- ing approval of a Resolution of Necessity finding that the creation of a new Holy Ghost Urban Renewal District is both neces- sary and appropriate and that a public hearing be set for July 18, 2011. Upon motion the documents were received and filed and Resolution No. 184 -11 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, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 18, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: 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 Paragon Square Urban Revitalization Plan: City Manager re- commending approval project costs low, the Motion carried 7 -0. City's Public Works Department will complete the section from Carter Road to Chaney Road. Motion carried 7 -0. 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 Contrac- tor's Supply Co., Inc. (ABC), and the City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 187 -11 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). Seconded by Braig. Motion carried 7 -0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion - Report: Rick Dickinson Executive Director - Greater Dubu- que Development Cor- poration, provided a verbal update on the activities of the Greater Dubuque Development Corpora- tion that included information on local, national and global exposure for the City, job growth. average wage, commercial con- struction, staffing, and future goals. Motion by Lynch to receive and file the information. Seconded by Braig. Motion carried 7 -0. Dubuque Packing Company Memorial: Communication from Chuck Stoltz, former Chairman and Presi- dent of the Dubuque Packing Company, proposing an infor- mative tribute memor- ial located at the southwest corner of 16th and Sycamore Streets. Motion by Braig to receive and file the documents and accept the donation. Seconded by Connors. Motion carried 7 -0. Final Plat - English Ridge Subdivision No. 2 J f Gay Pride Month (June ning Advisory Commis- agreement with HDR to remove the Paragon 2: City Manager Motion by Connors for 011) was accepted by sion requesting that Engineering (HDR) Square Urban Revitali- recommending appro- final consideration and essica Perry of the City Council give whereby HDR will zation Area Plan from val of the Final Plat of passage of Ordinance Rainbow Pride; Apples strong consideration to provide engineering the Public Hearing English Ridge Sub- No. 33-11 Amending or Students Months gender equality and services related to the Agenda. Motion by division No. 2. Motion Ordinance Nos. 51-10, June/July 2011) was diversity when con- railroad bridge Jones to receive and by Connors to receive 64-97 and 43-94, each idering applicants. required for the Bee file the documents and and file the documents as previously and adopt Resolution amended, providing No. 188-11 Authorizing that general property approval of the Final taxes levied and Plat of English Ridge collected each year on Subdivision No. 2 in the all property located City of Dubuque, Iowa. within the Greater Seconded by Jones. Downtown Urban Responding to ques- Renewal District of the tions from City Council, City of Dubuque, Assistant Planner Kyle County of Dubuque, Kritz state that this State of Iowa, by and project is grandfather- for the benefit of the ed and not subject to State of Iowa, City of the 40-Point language Dubuque, County of of the Unified Develop- Dubuque, Dubuque ment Code. He added Community School that open space was District, and other not required in this taxing districts, be paid phase as it was dedi- to a special fund for cated in the first phase. payment of principal Motion carried 7-0. and interest on loans, Downtown Rehabilit- monies advanced to ation Loan Program - and indebtedness, 39 Bluff Street: City including bonds issued Manager recommend- or to be issued, ing a resolution incurred by said City in approving a Letter of connection with the Commitment for a Amended and Restated u a Downtown Rehabilita- Urban Renewal Plan for Upon motion the Dubuque and Engine tion Loan of $300,000, the Greater Downtown documents were House #1, LLC. a Design Grant for Urban Renewal District. received and filed. subsidiary of Dubuque $10,000, a Facade Seconded by Jones. Liquor License Initiatives, to sell and Grant of $10,000 and a Motion carried 7-0. Applications: City Man- rehabilitate the Engine Financial Consultant U.S. 61 / 151 Capacity ager recommending House #1 Building Grant of $5,000 for Improvements Project: approval of annual (1805 Central Avenue), Franklin Investments, City Manager recom- liquor and cigarette which formerly housed LLC to support their mending award of the license renewals as the Housing Depart- rehabilitation of pro- public improvement submitted. Upon ment offices and the perty located at 39 contract for the U.S. motion the documents City Manager recom- Bluff Street (former 61/151 . Capacity were received and filed is P 'ect and Resolution No. 180- 11 Granting the issuance of thirty-two (32) renewal permits to sell cigarettes within the City of Dubuque; Resolution No. 181-11 Granting the issuance of a Class "C" Beer/Liquor License to Buffalo Wild Wings, Fischer Lanes, Dia- mond Jo Casino, Los Liability Company; and Aztecas III, Monk's (2) Approval of a Kaffee Pub (1-Day development agree - Outdoor Sale), Rain- ment with Engine bow Lounge (1-Day House #1, LLC to Outdoor Sale); a rehabilitate 1805" Cen- Special Class "BW" tral Avenue. Seconded Liquor License to Off by Connors. Respond - Minor; a Class "B" ing to questions from Wine Permit to City Council, Van Walgreen's #11942, Milligen provided HyVee Wine & Spirits, additional clarification and Hartig Drug #2; of the Historic Tax and a Class "WBN" Credits and stated that Native Wine to the project could Accessorize Me; and encourage additional Resolution No. 182-11 renovation in the area. Granting the issuance Motion carried 7-0. of a Class "B" Beer Kaufmann Avenue Permit to Dubuque All HMA Resurfacing Pro - That Jazz; a Class "C" ject: Proof of Beer Permit to publication on notice Walgreen's #11942, of public hearing to HyVee Wine & Spirits, consider approval of Kwik Start #495, and the plans, specifica- accepted by are Tuecke of St. Mark Upon motion the Branch Creek Restor- approve the recommen- Community Center. document was ation Project. Upon dation. Seconded by Sut- CONSENT ITEMS received and filed. motion the documents ton. Motion carried 7-0. Motion by Lynch to Westbrook Subdivi- were received, filed SUSPEND THE RULES receive and file the sion Phase 1: City and approved. Upon motion the rules documents, adopt the Manager recommend- Signed Contracts: 1.) were suspended allow- -esolutions, and ing acceptance of the Miron Construction Co. ing anyone present to dispose of as indicated. public improvements Change Order No. 7 for address the City Seconded by Jones. with exceptions on the Water Pollution Council. Motion carried 7-0. North Westbrook Drive, Control Plant Modifi- Paragon Square Minutes and Reports South Westbrook cations; 2) TwistHDM Urban Revitalization Submitted: Arts and Drive, Trails Edge (Limelight) contract for Plan: Proof of Cultural Affairs Drive, Pebble Creek the re-lamping of the publication on notice Advisory Commission Drive, and Commerce Iowa Street Parking of public hearing to of 4/26; City Council Park, which the Ramp; 3) Green Dubu- consider approval of Proceedings of 5/16; developer, Callahan que, Inc., improvement the proposed Paragon Community Develop- Construction, has contract to perform Square Urban Revitali- ment Advisory Com- recently completed in storm drain labeling; 4) zation Area Plan. This mission of 4/20; Westbrook5ubdivision- Ted Stackis Construc- item was removed Environmental Stew- Phase 1. Upon motion tion contract for from the agenda by a ardship Advisory Com- the documents were deconstruction of previous motion. mission of 5/4; Housing received and filed and properties on Kniest Engine House #1 LLC - Code Appeals Board of Resolution. No. 175-11 Street for the Bee Development Agree- 2/15; Housing Commis- Accepting public Branch Creek Restor- ment: Proof of publi- sion of 4/26; Long improvements in ation Project; 5) R&R cation on notice of Range Planning Advi- Westbrook5ubdivision- Visuals contract for the public hearing to sory Commission of Phase 1 was adopted. Water Pollution Control consider a develop- 5/18; Safe Community Historic Federal Plant Modifications ment agreement Advisory Committee of Building: City Manager O tf II Assessment between the City of 4/13 transmitting corres- Proof of Publication pondence from Rachel for City Council Pro- Franklin Weekely of ceedings of May 2, the U.S. Department of 2011 the Interior - National Upon motion the Park Service in documents were response to the City's received and filed. December 2010 bien- Notice of Claims/ nial report on the Suits: Jennifer Hess for Historic Federal Build - vehicle damage; James ing. Upon motion the Lehman for vehicle documents were damage; Gina Lynch received and filed. for vehicle damage; Spiegel Development Tricia Mergen for Agreement - First vehicle damage. Upon Amendment: City Man - motion the documents ager recommending were received, filed, approval of the first and referred to the City Amendment to the Attorney Development Agree - City Attorney advising ment with Spiegel that the following Family Realty Company claims have been Iowa, LLC to provide referred to Public for a two-year Entity Risk Services of extension of the job Iowa, the agent for the creation period. Upon Iowa Communities motion the documents Assurance Pool: were received and filed Danvehi le Basten for e; and 11 Approving lnNo. 176- the First vehicle damage; Jennifer Hess for Amendment to the vehicle damage; James Spiegel Family Realty Lehman for vehicle Company Iowa, LLC damage; Gina Lynch Development Agree - for vehicle damage. ment was adopted. Upon motion the Downtown Housing documents were Program - Bonson's received, filed, and Block Ventures, LLC: concurred. City Manager recom- Gardener and mending approval of a Assistant Gardener: Downtown Housing City Manager recom- Program extension to -" mending that the Bonson's Block positions of Gardener Ventures, LLC allowing and Assistant Gardener the developer an be re -titled as Horti- additional six months, culturist and Assistant until December 31, Horticulturalist and 2011, for project com- approval to eliminate one Gardener position, creation of one Horticulturist position, and eliminate . two Assistant Gardner positions and create two Assistant Horti- culturist positions. as mending Upon motion the tures, indicated, and direct Motion by Lynch to District for the Greater Development Director proval to begin documents were adopted. received, filed, and Grand River Center Center publish City notice to receive and as documents and adopt Renewal�n District toothat theprojectaffects additional properocess of rtyrfor contrnot act rt of thand City's approved. Natural Resources Electric Smart Meters prescribed by law. Resolution No. 186-11 establish the' use of the east side of Central the Bee Branch Creek arrangements for the and Sustainable Prac- Design: City Manager Seconded by Braig. Approval of plans, Tax Increment Finan- Avenue and costs Restoration Project payment of fees would Managertices Specialist: recommend- issuance of recommending Rethe quest Motion Vacatinged P Petition - contracttio and form esti- recently ollecexpanded signals, turn on on involve lanes, and modifies to and cations. Motion ct and the towing citizen om- ing the elimination of a for Proposals for the University of Dubuque: mated cost for the areas of the district. curbing. Motion carried andbfie the docrnnors to eceive e is pesponsindty not of the Foreman position in Grand River Center City Manager recom- Kaufmann Avenue Motion by Connors to 7-0. the Leisure abaft Department and Serviceselectric design. Upon motion hearinggbethat set fop June et (John F. Kec HMA n edy documents ve and andfile the that AmendmentServices Con- raee o m rapprove n d at i o ne donedv adding vehicles are auc• creation of a Natural the documents were 20, 2011 to consider a Road to Carter Road), the requirement that a tract: City Manager Seconded ec- ndearriby 7-Jones. tioned after e 90 days. nc d S received,filed and request from the Iowa DOT Project No. proposed ordinancetbee recommoval ending request Greater Dubuque further business, upor approval. pietion. Upon motion the documents were Hartig Drug #2 were tions, form of contract received and filed and adopted. and the estimated cost Resolution No. 177-11 ITEMS TO BE SET FOR for the Kaufmann Approving an exten- PUBLIC HEARING Avenue HMA Resur- sion for the Downtown Motion by Lynch to facing Project (John F. Housing Program receive and file the Kennedy Road to Grant Award to documents, adopt the Carter Road) and the Bonson's Block Ven- resolutions, set the City Manager recom- LLC was public hearings file the documents and approve the recom- mendation. Seconded by Braig. Responding to questions from City Council, Acting Police Chief Terry Tobin stated that the con- tract allows for all towing requested by the City and that a citizen is responsible for the costs incurred for their vehicles. (Additional information was shared during Public Input). Motion carried 7-0. Catfish Creek Water- shed Partnership - 28E Agreement: City Man- ager recommending approval to enter into a 28E agreement for the Catfish Creek Water- shed Partnership with Dubuque County and the Dubuque Soil and Water Conservation District (DSWCD) for the development of a Watershed Manage- ment Plan for the Catfish Creek Water- shed Basin. Communication from the Environmental Stewardship Advisory Commission. Motion by Connors to receive and file the documents and adopt Resolution No. 192-11 Authorizing the execu- tion of a 28E Agree- ment with Dubuque County and the Dubuque Soil and Water Conservation District regarding the preparation and imple- mentation of a water- shed management plan for the Catfish Creek Watershed Basin. Seconded by Braig. Motion carried 7-0. Fundraising Car Washes: City Manager transmitting informa- tion regarding fundrai- sing car washes within the City of Dubuque as it relates to storm - water 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. Motion by Connors to receive and file the ments to the ureaiel 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). Motion by Jones to receive and file the document and re -appoint Mayor, Council Members Con- nors and Lynch, City Manager Van Milligen and Economic Develop- ment Director Heiar. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Braig reported on the upcoming HEART Program fund raising event at Monk's Kaffee Pub on June 12 from 1- 5 p.m. Jones encouraged residents to continue to patronize the busi- nesses along Central Avenue during the street reconstruction. Connors asked staff to explore options for blocking off streets, which could potentially hurt businesses during City projects. PUBLIC INPUT Central Avenue business owners Heidi Koltes (Heidi's Home Baked Goods, 27th & Central), Aaron Fagan (F2327an'sC ShCentre al)air, , Beauchamp (Tri-State Auto, 2403 Central) expressed their con- cerns over the decrease in business and parking difficulty since the closing of Central Avenue for reconstruction. They stated that directional signage is confusing and ineffective and requested assistance from the City. Tony Willis (Heidi's Home Baked Goods em- ployee) and Mike Ansel, 2780' Central Avenue, spoke in support of the business owners. Mr. Ansel informed the Council about a traffic ticket he received while trying to maneuver through the construction area. Responding to ques- tions from City Council, mending approval. Central Alternative Improvemen roj Motion by Lynch to School building). to Tschiggfrie Co., Inc., receive and file the Motion by Lynch to in the amount of documents and adopt receive and file the $964,338.65. Motion by Jones to receive and file the documents and adopt Resolution No. 190-11 Awarding public improvement contract for the US 61/151 Capacity Improve- ments Project, .Iowa DOT Project No. STP-A- 061-8(128) - 22-31. Seconded by Connors. Responding to ques- tions from City Council, City Engineer Gus Psihoyos stated that the project should be completed fall of 2011. Motion carried 7-0. Iowa Department of Transportation (IDOT): City Manager recom- mending approval of a request to the Iowa Department of Trans- portation to llth Streets from one-way documents. Seconded to two-way traffic in by Braig. Resnick City Manager Van the Historic Millwork expressed a recom- Milligen and City District. Motion by mendation for all car Engineer Gus Psihoyos Connors to receive and washes to use the stated that additional file the documents and sanitary sewer, bio- options are being adopt Resolution No. degradable soap, bar- considered to expedite 191-11 Requesting the rier and filtration the project and that Resolution No. 185-11 documents and adopt (1) The disposal of an Resolution No. 189-11 interest in real Authorizing a Letter of property owned by the Commitment and City of Dubuque by additional actions sale between the City concerning a Down - of Dubuque, Iowa, and town Rehabilitation Engine House #1, LLC, Loan, Design Grant, an Iowa Limited Facade Grant and Financial Consultant Grant to 39 Bluff Street. Seconded by Jones. Motion carried 7-0. Fiscal Year 2012 Arts and Cultural Funding Program for Operating Support: Arts and Cultural Affairs Advi- sory Commission recommending ap- ar 2012aArts l of la d4 SCul Ccal ultural Funding Funding Program Oper- ating Support requests and authorization for the City Manager to sign the funding agreements. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion carried 7-0. Tax Increment Iowa Department of equipment, and pre- they will speak wit Financing Ordinance Transportation ap- fabricated kits. Motion the affected property for the Greater Down- prove the conversion carried 7-0. owners. town Urban Renewal of 9th and llth Streets Bee Branch Creek Billy Swinton, 1301 District: City Manager to two-way traffic. Restoration Project - Main Street, inquired recommending ap- Seconded by Jones. Purchase of Property about a cap on fees for proval of an ordinance Responding to ques- and Design Modifi- towed vehicles. Acting amending the Tax tions from City Council, cations: City Manager Police Chief Terry Increment Financing Assistant Economic recommending ap- Tobin responded by +hc c+ation +hat a Can is Resources an us University of Dubuque STP-U-2100 (662)--70- considered and voted tainable Practices approve. • t• water to vacate a portion of 31. Seconded by on for passage at two from Wenzel Towing Development Corpor- motion the City Counci STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 15, 2011, and for which the charge is $359.39. Subscribed to before me otary Public in and for Dubuque County, Iowa, this M a day of � , 20 // . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 1548," !14 inrrnaca in fees ation - Board Appoint- adjourned at8:43 p.m. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on June 6, 2011 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick (Via Telephone), Sutton, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Rex Rains of New Life Church. PROCLAMATIONS ARC Corporate Community Games Day (June 9, 2011) presented and read; Dump -the -Pump bay (June 16, • 2011) presented and read; Juneteenth Day (June 19, 2011 was accepted by Kathy Sutton, NAACP Treasurer and Juneteenth Day committee member; •er ['Fria Lynch for vehicle damage; Tricia Mergen for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorneys 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. Upon motion the documents were received, filed, and concurred. Gardener and Assistant Gardener: City Manager recom- mending that the positions of Gardener and Assistant Gardener be re -titled as Horti- culturist 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 Horti- culturist positions. Upon motion the documents were received, filed, and approved. Natural Resources and Sustainable Prac- tices Specialist: City Manager recommend- ing the elimination of a Foreman position in the Leisure Services Department and the creation of a Natural Resources and Sus- tainable Practices Specialist position. Upon motion the documents were re- ceived, filed, and approved. Landfill Equipment Operator: City Man- ager recommending the elimination of the Landfill Foreman position in the Public Works Department and the creation of a Landfill Equipment Operator position. Upon motion the documents were received, filed, and approved. Lead Mechanic: City Manager recommend- ing the elimination of one Lead Mechanic position in the Leisure Services Department and creating one Mechanic position. Upon motion the documents were received, filed, and approved. Collective Bargaining Agreement (Bus Opera- tors): City Manager recommending ap- proval 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 begin- ning July 1, 2011. Upon motion the documents were received and filed and Resolution No.173- 11 Approving the agreement between the City of Dubuque, Iowa, and the Team- sters Local Union No. 120 (Bus Operators) and authorizing the Mayor to sign the agreement was adopted. Request to Vacate - 1900 Block of Garfield Avenue: Communica- tion from Brian Goranson, 1956 Gar- field Avenue, request- ing that the City vacate the alley behind the east side of the 1900 block of Garfield Avenue. Upon motion the document was received, filed, and referred to the City Manager. Dubuque Metropoli- tan 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. Upon motion the document was received and filed. City of Dubuque Code of Ordinances: City Manager recommend- ing rescinding Resolu- tion No. 77-11 and approval of Supple- ment No. 4 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 174- 11 Rescinding Resolu- tion No. 77-11 and adopting Supplement No. 4 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. Long Range Planning Advisory Commission: Communication from the Long Range Plan- receivea ana rhea. Spiegel Development Agreement - First Amendment: City Man- ager recommending approval of the first Amendment to the Development Agree- ment with Spiegel Family Realty Company Iowa, LLC to provide for a two-year extension of the job creation period. Upon motion the documents were received and filed and Resolution No. 176- 11 Approving the First Amendment to the Spiegel Family Realty Company Iowa, LLC Development Agree- ment was adopted. Downtown Housing Program - Bonson's Block Ventures, LLC: City Manager recom- mending 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 com- pletion. Upon motion the documents were received and filed and Resolution No. 177-11 Approving an exten- sion for the Downtown Housing Program Grant Award to Bonson's Block Ven- tures, LLC, was adopted. 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. Upon motion the documents were received, filed, and approved. Dubuque Water Sports Club - Lease Agreement: City Man- ager recommending approval of the annual lease with the Dubuque Water Sports Club (formerly Dubuque Water Ski Club). Upon motion the documents were received, filed, and approved. Bunker Hill Golf Course Irrigation Reno- vation Project: City Manager recommend- ing 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. Upon motion the documents were received and filed and Resolution No. 178- 11 Accepting the Bunker Hill Golf Course Irrigation Renovation Project and authorizing the payment of the contract amount to the contractor was adopted. E. B. Lyons Nature Center Expansion Pro- ject: City Manager recommending accept- ance of the E. B. Lyons Nature Center Expan- sion Project as com- pleted by Stumpf Construction, Inc., in the final contract amount of $1,304,654.54. Upon motion the documents were received and filed and Resolution No. 179- 11 Accepting the E. B. Lyons Nature Center Expansion Project and authorizing the pay- ment of the contract amount to the con- tractor was adopted. Green and Healthy Homes Initiative: City Manager recommend- ing approval to execute a compact to become a green and Healthy Homes Pilot City through the National Green and Healthy Homes Initiative. Upon motion the documents were received, filed, and approved. Sustainable Dubuque: City Manager transmit- ting the Sustainable Dubuque Project Status Report for April 2011. Upon motion the documents were received and filed. Community Oriented Policing Services (COPS): City Manager recommending appro- val to submit a Community Oriented Policing Services (COPS) Hiring Grant in the amount of $224,729 for the purpose of obtaining grant fund- ing for one Community Policing Outreach Cor- poral. Upon motion the documents were received and filed. Wellmark Foundation Healthy Local Foods Grant: City Manager recommending appro- val of a Letter of Intent to the Wellmark Foundation requesting $25,000 in funding for healthy local foods projects. Upon motion the documents were received, filed and approved. Bee Branch Creek Restoration Project - Engineering Services: City Manager recom- mending approval and execution of an ana rceso,ution No. thu 11 Granting the issuance of thirty-two (32) renewal permits to sell cigarettes within the City of Dubuque; Resolution No. 181-11 Granting the issuance of a Class "C" Beer/Liquor License to Buffalo Wild Wings, Fischer Lanes, Dia- mond Jo Casino, Los Aztecas III, Monk's Kaffee Pub (1-Day Outdoor Sale), Rain- bow 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; and Resolution No. 182-11 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 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Vacating Petition - University of Dubuque: City Manager recom- mending 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. Upon motion the documents were received and filed and Resolution No. 183-11 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, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2011 in the Historic Federal Building. Holy Ghost Urban Renewal District: City Manager recommend- ing approval of a Resolution of Necessity finding that the creation of a new Holy Ghost Urban Renewal District is both neces- sary and appropriate and that a public hearing be set for July 18, 2011. Upon motion the documents were received and filed and Resolution No. 184-11 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, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 18, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: 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 Paragon Square Urban Revitalization Plan: City Manager re- commending approval motion ny Winn to receive and file the documents and adopt Resolution No. 185-11 (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 agree- ment with Engine House #1, LLC to rehabilitate 1805 Cen- tral Avenue. Seconded by Connors. Respond- ing to questions from City Council, Van Milligen provided additional clarification of the Historic Tax Credits and stated that the project could encourage additional renovation in the area. Motion carried 7-0. Kaufmann Avenue HMA Resurfacing Pro- ject: Proof of publication on notice of public hearing to consider approval of the plans, specifica- tions, form of contract and the estimated cost for the Kaufmann Avenue HMA Resur- facing Project (John F. Kennedy Road to Carter Road) and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 186-11 Approval of plans, specifications, form of contract, and esti- mated cost for the Kaufmann Avenue HMA Resurfacing Pro- ject (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP-U-2100 (662)--70- 31. Seconded by Connors. Responding to questions from City Council, City Engineer Gus Psihoyos stated that in order to keep project costs low, the City's Public Works Department will complete the section from Carter Road to Chaney Road. Motion carried 7-0. 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 Contrac- tor's Supply Co., Inc. (ABC), and the City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 187-11 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). Seconded by Braig. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion - Report: Rick Dickinson Executive Director -Greater Dubu- que Development Cor- poration, provided a verbal update on the activities of the Greater Dubuque Development Corpora- tion that included information on local, national and global exposure for the City, job growth, average wage, commercial con- struction, staffing, and future goals. Motion by Lynch to receive and file the information. Seconded by Braig. Motion carried 7-0. Dubuque Packing Company Memorial: Communication from Chuck Stoltz, former Chairman and Presi- dent of the Dubuque Packing Company, proposing an infor- mative tribute memor- ial located at the southwest corner of 16th and Sycamore Streets. Motion by Braig to receive and file the documents and accept the donation. Seconded by Connors. Motion carried 7-0. Final Plat - English Ridge Subdivision No. SDMOOI DUllping). Motion by Lynch to receive and file the documents and adopt Resolution No. 189-11 Authorizing a Letter of Commitment and additional actions concerning a Down- town Rehabilitation Loan, Design Grant, Facade Grant and Financial Consultant Grant to 39 Bluff Street. Seconded by Jones. Motion carried 7-0. Fiscal Year 2012 Arts and Cultural Funding Program for Operating Support: Arts and Cultural Affairs Advi- sory Commission recommending ap- proval of 14 Fiscal Year 2012 Arts and Cultural Funding Program Oper- ating Support requests and authorization for the City Manager to sign the funding agreements. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion carried 7-0. Tax Increment Financing Ordinance for the Greater Down- town Urban Renewal District: City Manager recommending ap- proval of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District to establish the use of Tax Increment Finan- cing collection on recently expanded areas of the district. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. to Iscniggtrie co., Inc., in the amount of $964,338.65. Motion by Jones to receive and file the documents and adopt Resolution No. 190-11 Awarding public improvement contract for the US 61/151 Capacity Improve- ments Project, .Iowa DOT Project No. STP-A- 061-8(128) - 22-31. Seconded by Connors. Responding to ques- tions from City Council, City Engineer Gus Psihoyos stated that the project should be completed fall of 2011. Motion carried 7-0. Iowa Department of Transportation (IDOT): City Manager recom- mending approval of a request to the Iowa Department of Trans- portation (IDOT) to convert 9th and llth Streets from one-way to two-way traffic in the Historic Millwork District. Motion by Connors to receive and file the documents and adopt Resolution No. 191-11 Requesting the Iowa Department of Transportation ap- prove the conversion of 9th and llth Streets to two-way traffic. Seconded by Jones. Responding to ques- tions from City Council, Assistant Economic Development Director Aaron DeJong stated that the project affects the east side of Central Avenue and costs involve changes to signals, turn lanes, and curbing. Motion carried 7-0. Towing Services - Amendment to Con- tract: City Manager recommending ap- proval 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. Motion by Connors to receive and water conservation District regarding the preparation and imple- mentation of a water- shed management plan for the Catfish Creek Watershed Basin. Seconded by Braig. Motion carried 7-0. Fundraising Car Washes: City Manager transmitting informa- tion regarding fundrai- sing car washes within the City of Dubuque as it relates to storm - water 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. Motion by Connors to receive and file the documents. Seconded by Braig. Resnick expressed a recom- mendation for all car washes to use the sanitary sewer, bio- degradable soap, bar- rier and filtration equipment, and pre- fabricated kits. Motion carried 7-0. Bee Branch Creek Restoration Project - Purchase of Property and Design Modifi- cations: City Manager recommending ap- proval to begin the process of acquiring additional property for the Bee Branch Creek Restoration Project and project design modifications. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. Greater Dubuque Development Corpor- ation - Board Appoint- ments: Communication from Rick Dickinson, Greater Dubuque Devel- opment Corporation, requesting appoint- kragan s shoe Repair, 2327 Central), Bill Beauchamp (Tri-State Auto, 2403 Central) expressed their con- cerns over the decrease in business and parking difficulty since the closing of Central Avenue for reconstruction. They stated that directional signage is confusing and ineffective and requested assistance from the City. Tony Willis (Heidi's Home Baked Goods em- ployee) and Mike Ansel, 2780' Central Avenue, spoke in support of the business owners. Mr. Ansel informed the Council about a traffic ticket he received while trying to maneuver through the construction area. Responding to ques- tions from City Council, City Manager Van Milligen and City Engineer Gus Psihoyos stated that additional options are being considered to expedite the project and that they will speak with the affected property owners. Billy Swinton, 1301 Main Street, inquired about a cap on fees for towed vehicles. Acting Police Chief Terry Tobin responded by stating that a cap is not part of the City's contract and that arrangements for the payment of fees would be between the citizen and the towing com- pany and not the responsibility of the City adding that aban- doned vehicles are auc- tioned after 90 days. There being no further business, upon motion the City Council adjourned at 8:43 p.m. /s/Kevin S. Firnstahl Acting City Clerk It 6/15 Subscril this