7 2 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 7/2/2012
Bragg, Buol, Connors, Jones, Lynch, Resnick, Sutton
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street, Dubuque
July 2, 2012
Council meetings are video streamed live and archived at
wwwcdvofdubuaue ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel (analog) and 97 2 (digdaf)
REGULAR SESSION
630 PM
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
CONSENT ITEMS
The consent agenda 'terns 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 youwould liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the temyou would like removedfromthe Consent Agenda for separate discussion and
consideration
1 Minutes and Reports Submitted
City Council proceedings of 6/1 8
Proof of publication for City Council proceedings of 614
Suggested Disposition Receive and F de
Cilv Counal Proceedings 6/18 Proof - Cily Council Proceedings 6/4
2 Notice of Claims and Suds
Donna McKnight for property damage, North Grandview Estates, LLC /Richard Henkel vs City of Dubuque for
installation of streets, Tina Pfeiler for vehicle damage
Suggested Disposition Receive and F de, Refer to City Attorney
McKnight Claim N GrandviewEstatesMenkel Suit Pfeiler Claim
3 Disposition of Claims
City Attorney advising that the following claims have been referredto Public Entity Risk Services of Iowa, the agent for
the Iowa Communities Assurance Pool Claim by Donna McKnight for property damage, claim by Tina Pfeiler for
vehicle damage
Suggested Disposition Receive and F de, Concur
ICAP Claims,
4 Safe Community Advisory Committee
Committee Member Amanda Elkins submitting her resignation from the Safe Community Advisory Committee
Suggested Disposition Receive and F de, Accept Resignation
Elkins Resignation Letter
5 Excess Worker's Compensation Insurance Renewal
City Manager recommending approval of the Worker's Compensation Excess Insurance renewal with Safety National
effective July 1, 2012 through June 30, 2013
Suggested Disposition Recen/e and Fde, Approve
FY13 Worker's Compensation Insurance Renewal -MVM Memo, Staff Memo, Specifications,
6. Mediacom Dubuque Digital Upgrade 2012
City Manager providing an update on Mediacom's continuing transition away from analog signals toward all digital
television in Dubuque
Suggested Disposition: Receive and File
Mediacom Dubuque Digital Upgrade 2012 -MVM Memo, Staff Memo , Mediacom Digital Transition Booklet,
7. Hunter Equity, LLC 12013 Dubuque, LLC (FedEx)
City Manager recommending approval of a Consent and Subordination Agreement with CrossFirst Bank
Suggested Disposition: Receive and File; Approve
Hunter Equity -MVM Memo, Staff Memo, Consent & Subordination Agreement, Mortgage & Security Agreement
8. Kaufmann Avenue HMA Resurfacing - Project Acceptance
City Manager is recommending acceptance of the Kaufmann Avenue HMA Resurfacing Project (John F Kennedy
Road to Carter Road), as completed by Top Grade Excavating, Inc , in the final contract amount of $560,742 09
RESOLUTION Accepting the Kaufmann Avenue HMA Resurfacing Project (John F Kennedy Road to Carter Road),
Iowa DOT Project No STP -U -2100 (662)- -70 -31 and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Kaufmann Avenue HMA Resurfacing Protect -MVM Memo, Staff Memo, Resolution, Final Payment Forms,
9. Sustainable Dubuque Project Status Update
City Manager transmitting the monthly Sustainable Dubuque Project Status Update for June 2012
Suggested Disposition: Receive and File
June Sustainable Dubuque Protect Status Update -MVM Memo, Cover Memo, Monthly report,
10. Mines of Spain Trail - State Recreation Trail Grant Application
City Manager recommending approval to submit a 2012 State Recreational Trails grant application in the amount of
$170,500 to the Iowa Department of Transportation for development of the Mines of Spain Trail and Trailhead Project
RESOLUTION Authorizing State Recreational Trails Grant Application to Iowa Department of Transportation for
development of the Mines of Spain Trail and Trailhead
Suggested Disposition: Receive and File; Adopt Resolution(s)
State Recreation Trail Grant Application -Mines of Spain Trail -MVM Memo, Staff Memo, Resolution, Grant Application
11. Code of Ordinances - Adoption of Supplement No. 9
City Clerk recommending adoption of Supplement No 9 to the City of Dubuque Code of Ordinances, which adopts
Ordinance Nos 21 -12, 22 -12, 23 -12, 24 -12, 25 -12, 29 -12, 31 -12 and 32 -12
RESOLUTION Adopting Supplement No 9 to the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Staff Memo , Code Supplement No 9, Code Supplement Resolution,
12. Homelessness Prevention and Rapid Re- Housing program (HPRP) Amendment
City Manager recommending approval of Amendment Three to the Project Concern, Inc Agreement for the
Homelessness Prevention and Rapid Re- Housing Program
Suggested Disposition: Receive and File; Approve
HPRP Amendment to Proiect Concern Agreement -MVM Memo, HPRP Staff Memo, HPRP Proiect Concem Amendment
13. Improvement Contracts 1 Performance, Payment and Maintenance Bonds
Drew Cook & Sons Excavating for 2012 Brick Manhole Replacement Project No 4, Horsfield Construction, Inc for
Ramona Street Panel Replacement Project, Winger Construction Company for deconstruction of 517 East 22nd Street
Suggested Disposition: Receive and File
Drew Cook Excavating Contract, Horsfield Construction Contract, Winger Construction Contract
14. Signed Contracts
Racom Critical Communications for AVL Equipment Service Agreement and IP Video Service Support, Coca -Cola
Beverage Agreement with the Leisure Services Department
Suggested Disposition: Receive and File
Racom AVL Contract, Racom IP Video Service Contract, Coca -Cola Beverage Agreement,
15. Alcohol Compliance Civil Penalty for Alcohol License Holders - Baymont Inn & Suites
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance
violation for Baymont Inn & Suites, 4025 McDonald Drive
Suggested Disposition: Receive and File; Approve
Bavmont Inn Alcohol Compliance Settlement -MVM Memo Staff Memo Settlement Agreement Copy,
16. Alcohol and Tobacco License Applications
Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and
tobacco licenses applications as submitted
RESOLUTION Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine
Licenses and Permits
RESOLUTION Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A 47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo Police Memo, Liquor /Beer Resolution, Tobacco Resolution
17. WP Investments, LLC - Acceptance of Deeds
City Attorney recommending the acceptance of deeds for two properties on 16th Street from WP Investments, LLC
related to the Bee Branch Creek Restoration Project
RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from WP Investments, LLC (East
1/2 of Lot 252)
RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from WP Investments LLC (Tracs I,
II, & III)
Suggested Disposition: Receive and File; Adopt Resolution(s)
Staff Memo, Resolution #1 Resolution #2,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Theisen Supply, Inc.
City Manager recommending that a public hearing be re -set for July 16, 2012, to approve disposition of approximately
5 7 acres in the Dubuque Industrial Center West to Leo Theisen for the purpose of constructing an 80,000 square foot
warehouse expansion
RESOLUTION of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing
of the City Council of The City Of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a Development Agreement relating thereto with Leo A Theisen and Theisen Supply,
Inc and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 7116/12
Theisen Expansion Reset for Public Hearing -MVM Memo, Staff Memo, Resolution Theisen Development Agreement
2. Annexation Request - C3 Investments
City Manager recommending that a public hearing be set for for July 16, 2012 on the annexation request of C3
Investments Trust for 0 063 acres of property on the south side of the City of Dubuque adjacent to Timber -Hyrst
Subdivision
Suggested Disposition: Receive and File; Public Hearing 7116112
Added Late
Annexation Lot 3 KnepperAddition -MVM Memo, Staff Memo, Applicant Materials, Staff Materials,
3. Sewer Revenue Capital Loan Notes (Refunding Water Revenue Capital Loan Notes Series 2010C)
City Manager recommending that a public hearing be set for July 16, 2012 on the proposition of issuing not to exceed
$3,058,000 in Clean Water State Revolving Fund Loan Notes to refund $3,058,000 Water Revenue Capital Loan Notes
(Drinking Water State Revolving Loan Fund), Series 2010C for the City Wide Water Meter Replacement and
Unmeasured Flow Reducer Installation Project
RESOLUTION Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes of City of Dubuque, Iowa, and providing for
publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 7116112
Set Public Hearing Not to Exceed $3,058,000 Sewer Revenue Capital Loan Notes (Clean Water State Revolving Loan Fund)
to Refund $3 058,000 Water Revenue Captial Loan Notes (Dnnking Water State Revolving Loan Fund), Senes 2010C - City
Manager Memo, Staff Memo, Bond Counsel Letter, Resolution
4. Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project)
City Manager recommending that a public hearing be set for July 16, 2012 on the proposition of issuing not to exceed
$9,400,000 in Sewer Revenue Capital Loan Notes, (State Revolving Fund Sponsored Project)
RESOLUTION Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing
for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 7116112
Set Public Hearing on the Issuance of Not to Exceed $9,400,000 Sewer Revenue Capital Loan Notes (State Revolving Fund
Sponsored Protect) - City Manager Memo, Staff Memo, Bond Counsel Letter, Resolution,
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.
Building Code Boards of Appeals
Two 3 -year term through August 1, 2015 (Expiring at -large term of Luchsinger and ADA term of Cruise)
Applicants
Marla Cruise, 905 Rockdale Road (ADA Representative)
Richard Luchsinger, 2875 Brueck Road (At- Large)
Zoning Board of Adjustment
One 5 -year term through March 25, 2017 (Expiring terms of Gibbs)
Applicant William J Gibbs, 440 S Grandview Avenue
This commission is subject to the State of Iowa Gender Balance Law The vacancy has been posted for the required
90 days
Boards Overview Sheet Boards Latest Listing, Building Code Applications Zoning Board of Adjustment Applications, Gender
Balance - City Breakdown, Gender Balance Law, Gender Balance Q &A Sheet,
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and
state your name and address when the item you wish to speak to is being considered.
SUSPEND THE RULES
1. Holliday Third Addition - Vacate of Sanitary Sewer
Proof of publication on notice of public hearing to consider request from James Kaune of IIW, PC requesting the
vacating of a sanitary sewer easement in the Holliday Third Addition and the City Manager recommending approval
RESOLUTION Disposing of City interest in a sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday
Third Addition in the City of Dubuque, Dubuque County, Iowa
RESOLUTION Release of sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in
the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Holliday Third Addition Vacate Sanitary Sewer -MVM Memo, Staff Memo, Resolution, Release of Easement, Holliday Third
Addition - Sanitary Sewer, 06 -18 Council Materials
2. Holliday Third Addition - Vacate of Storm Sewer Easement
Proof of publication on notice of public hearing to consider a request from Nick Lange of Buesing & Associates for the
vacating and relocation of a storm sewer easement in the Holliday Third Addition and the City Manager recommending
approval
RESOLUTION Approving plat of storm sewer easement
RESOLUTION Disposing of City interest in a storm sewer easement on Lot 1 of Holliday Third Addition in the City of
Dubuque, Dubuque County, Iowa
RESOLUTION Release of storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Holliday Third Addition Vacate Storm Sewer Easement -MVM Memo, Holliday Third Addition - Vacate Storm Sewer, Staff
Memo, Holliday Third Addition - Vacate Storm Sewer, Approving Plat Resolution HollidayThird Addition - Vacate Storm Sewer
- Disposal Resolution Holliday Third Addition, Vacate Storm Sewer- Release, Holliday Third Addition - Vacate Storm Sewer,
Plat, Holliday Third Addition - Vacate Storm Sewer, 06 -18 Council Matenals,
3. North End Trail Lighting Project
Proof of publication on notice of public hearing to approve the plans and specifications, estimated cost and form of
contract for the North End Trial Lighting Project and the City Manager recommending approval
RESOLUTION Approval of plans and specifications, form of contract and estimated cost for the North End
Neighborhood Trial Lighting Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
North End Trail Lighting Proiect -MVM Memo, Staff Memo Resolution Final Plan Set Spec Part 1 Spec Part 11 General
Terms & Conditions, Addendum #1, Matenals from 6 -18-12 Council Mtg,
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. Request for Closed Session
City Manager requesting a closed session for Monday, July 16, at 5 30 p m to discuss legal matters and rescheduling
the tour of the Water & Resource Recovery Center that was scheduled for July 16, to Monday, August 20, at 4 30 p m
Suggested Disposition: Receive and File; Council
July 16 Work Session /Closed Session,
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