9 6 11 City Council AgendaROLL CALL ORDER
FOR MEETING OF
SEPTEMBER 6, 2011
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 6, 2011,
HISTORIC FEDERAL BUILDING
360 W. 6TH STREET, DUBUQUE, IOWA
Council meetings are video streamed live and archived at www.citvofdubuque.org /media and on
Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 97.2 (digital).
6:16 PM
WORK SESSION
GREEN VISION EDUCATION
6:30 PM
REGULAR SESSION
PLEDGE OF ALLEGIANCE
INVOCATION
PROCLAMATIONS
1. 9 -11 Memorial Day (September 11, 2011)
2. Day of Peace and Cease Fire (September 21, 2011)
3. Shriners Hospitals for Children Day (September 25, 2011)
4. Voices From The Warehouse District VII: Revolt: Re- Energize Art In America Days
(September 10- October 11, 2011)
SELECTION OF CITY CLERK
1. Kevin Firnstahl, Acting City Clerk, Dubuque, Iowa
2. Linda Gaul, City Clerk/Treasurer, City of Earlville, Iowa
3. Jennifer Quinton, Deputy City Clerk, City of Elgin, Iowa
4. Teevie Walker, Assistant City Clerk, City of Valley Center, Kansas
Suggested Disposition: Receive and File; Council
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
City Council Proceedings of 8 15, 8/24 and 8/25; Community Development Advisory
Commission of 7/20; Environmental Stewardship Advisory Commission of 8/2; Historic
Preservation Commission of 8/18; Historic Preservation Commission Education Task
Force of 8/3; Housing Commission of 7/26; Long Range Planning Advisory Commission
of 8/17; Transit Advisory Board of 8/11
Proof of Publication for City Council Proceedings of August 2 and 15, 2011
Suggested Disposition: Receive and File
2. Notice of Claims /Suits
Sarah Anthoney for vehicle damage; Nichole Bauer for vehicle damage; Ann Beau for
property damage; Ann Brandel for property damage; Charles Sulcer for vehicle
damage; Robert and Katy Wethal for property damage; Marlin Wittman for property
damage; Tim and Kim Wittstock for property damage; Greg and Kim Yoko for personal
injury and property 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:
Sarah Anthoney for vehicle damage; Ann Beau for property damage; Ann Brandel for
property damage; Nickole O'Connor for property damage; George Weinberg for vehicle
damage; Marlin Wittman for property damage; Tim Wittstock for property damage
Suggested Disposition: Receive and File; Concur
3. National Endowment for the Arts / Art Works
City Manager transmitting correspondence and a press release from Rocco
Landesman, Chairman of the National Endowment for the Arts (NEA), congratulating
the City on receiving an Our Town grant from the NEA /Art Works to support planning
and design related to the Historic Millwork District.
Suggested Disposition: Receive and File
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4. Investment Oversight Advisory Commission
The Investment Oversight Commission submitting the 73rd Quarterly Report
Suggested Disposition: Receive and File
5. Office of the City Assessor
Correspondence from City Assessor Rick A. Engelken informing the City that the
Conference Board has of a Notice of Appeal and Petition before the Property
Assessment Appeal Board in Des Moines.
Suggested Disposition: Receive and File
[� Sri C-.1'"i IFi�•Ti i
Correspondence from Lee Grassley, Senior Manager of Government Relations for
Mediacom Communications Company informing the City of changes in programming.
Suggested Disposition: Receive and File
7. Maintenanceworker Position — Public Works Department
City Manager recommending that the vacant Maintenanceworker position in the Public
Works Department be reclassified as an Equipment Operator I, by eliminating the
Maintenanceworker position and creating an Equipment Operator I position.
Suggested Disposition: Receive and File; Approve
8. General Obligation Bonds Series 2011A and Taxable General Obligation Bonds
Series 2011 B.
City Manager recommending approval of amendments to Resolution Nos. 269 -11 and
271 -11 related to authorizing the issuance of General Obligation Bonds Series 2011 A
and Taxable General Obligation Bonds Series 2011 B necessary to conform the
authorizing resolution for each series to the definition of "record date."
Suggested Disposition: Receive and File; Adopt Resolutions
9. Health Alert Network (HAN)
City Manager recommending approval of a Memorandum of Understanding and
associated documents for continued use of the Health Alert Network (HAN) portal
system with the Iowa Department of Public Health.
Suggested Disposition: Receive and File; Approve
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10. Hillcrest Family Services — Parking Agreement
City Manager Agreement with Hillcrest Family Services for 30 parking spaces in Flora
Park.
Suggested Disposition: Receive and File; Approve
11. Green Industrial Supply, Inc.
City Manager recommending submittal of a Financial Assistance application to the Iowa
Department of Economic Development on behalf of Green Industrial Supply, Inc.
RESOLUTION Authorizing the filing of an application for State Financial Assistance on
behalf of Green Industrial Supply, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
12. Federal Jobs Access Reverse Commute (JARC) Grant Application
City Manager recommending approval of a partnership with the Regional Transit
Authority to apply for a Federal Job Access Reverse Commute (JARC) grant to create
evening routes that will operate from 5:30 p.m. to 11:30 p.m. Monday through Thursday.
Suggested Disposition: Receive and File; Approve
13. Google Transit
City Manager recommending approval of a contract with East Central Intergovernmental
Association /Dubuque Metropolitan Area Transportation Agency for the development of
the interface and submission of General Transit Feed Specifications data for the Google
Maps Transit program.
Suggested Disposition: Receive and File; Approve
14. Jeld -Wen, Inc. — Irrevocable License
City Manager recommending approval of an Irrevocable License with Jeld -Wen, Inc. to
construct a loading dock on the public right -of -way of Jackson Street between East 7th &
East 8th Streets.
Suggested Disposition: Receive and File; Approve
15. Sustainable Dubuque — Monthly Project Status Update
City Manager submitting the Sustainable Dubuque monthly project status update for
August 2011.
Suggested Disposition: Receive and File
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16. Bee Branch Creek Restoration Project —Acquisition of 513 E. 22nd Street
City Manager recommending approval to purchase property located at 513 East 22nd
Street owned by Ron and Sandra Conrad for the appraised value of $60,000 as part of
the acquisition program associated with the Bee Branch Creek Restoration Project.
RESOLUTION Approving the acquisition of real estate owned by Ron and Sandra
Conrad in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
17. Bee Branch Creek Restoration Project —Acquisition of 515 E. 22nd Street
City Manager recommending approval to purchase property located at 515 E. 22nd
Street owned by Paul and Helene Hill for the appraised value of $57,000 as part of the
acquisition program associated with the Bee Branch Creek Restoration Project.
RESOLUTION Approving the acquisition of real estate owned by Paul and Helen Hill in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
18. Bee Branch Creek Restoration Project — Acquisition of 316 E. 24th Street
City Manager recommending approval to purchase property located at 316 E. 24h
Street owned by Melvin and Theresa Spiegelhalter for the appraised value of $67,000
as part of the acquisition program associated with the Bee Branch Creek Restoration
Project.
RESOLUTION Approving the acquisition of real estate owned by Melvin and Theresa
Spiegelhalter in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
19. Bee Branch Creek Restoration Project — Acquisition of 2422 Washington Street
City Manager recommending approval to purchase property located at 2422
Washington Street owned by Kevin and Colleen Klein for the appraised value of
$67,000 as part of the acquisition program associated with the Bee Branch Creek
Restoration Project.
RESOLUTION Approving the acquisition of real estate owned by Kevin and Colleen
Klein in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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20. 2011 Manhole Replacement Project
City Manager recommending acceptance of the construction contract for the 2011
Manhole Replacement Project, as completed by Drew Cook & Sons Excavating, in the
amount of $35,858.
RESOLUTION Accepting the 2011 Manhole Replacement Project and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
21. North Grandview Estates No. 2
City Manager recommending approval to accept a Quit claim Deed for the Stormwater
detention facilities in North Grandview estate No. 2.
RESOLUTION Accepting conveyance of property in North Grandview Estates No. 2 to
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
22. Carnegie -Stout Public Library Renovation Project — Contract No. 6
City Manager recommending acceptance of the construction contract for the Carnegie -
Stout Public Library Renovation Project — Contract No. 6, Flooring and Tiling, as
completed by Commercial Flooring co., in the final contract amount of $239,598.62.
RESOLUTION Accepting the Carnegie -Stout Public Library Renovation Project,
Contract No. 6, Flooring & Tiling, and authorizing the payment of the contract amount to
the contractor
Suggested Disposition: Receive and File; Adopt Resolution
23. Four Mounds Foundation — Funding Application
City Manager recommending City Council support of an application from the Four
Mounds Foundation to the Community Foundation of Greater Dubuque.
Suggested Disposition: Receive and File; Approve
24. Westbrook Subdivision Phase I
City Manager recommending approval of an Amendment to the Development
Agreement with Callahan Construction, Inc. to correct the legal description for Phase I
of Westbrook Subdivision.
Suggested Disposition: Receive and File; Approve
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25. Kresge Foundation — Advancing Safe and Healthy Homes for Children and
Families Initiative
City Manager recommending approval of an application to the Kresge Foundation for an
Advancing Safe and Healthy Homes for Children and Families Initiative grant for
$750,000.
RESOLUTION Authorizing the Mayor to execute an application to the Kresge
Foundation for the Advancing Safe and Healthy Homes for Children and Families
Initiative (ASHHCFI)
Suggested Disposition: Receive and File; Adopt Resolution
26. Federal Transit Administration
City Manager transmitting correspondence from Cindy Terwilliger, Deputy Regional
Administrator for the Federal Transit Administration Region VII, thanking Transportation
Director Barbara Morck and the City for hosting the members of the Regional VII Livable
and Sustainable Communities Partnership on July 25 -26, 2011.
Suggested Disposition: Receive and File
27. Government Finance Officers Association
The City Manager advising that the City of Dubuque has been awarded its 23rd
consecutive Certificate of Achievement for Excellence in financial Reporting from the
Government Officers Finance Association.
Suggested Disposition: Receive and File
28. AmeriCorps — Partners in Learning
City Manager recommending approval to execute a grant agreement with the Iowa
Commission on Volunteer Service for the City of Dubuque AmeriCorps Program.
Suggested Disposition: Receive and File; Approve
29. Request for Proposal — Camera Documentation Services
City Manager recommending issuance of a Request for Proposal (RFP) to seek
qualified vendors to provide camera documentation of construction at the Water and
Resource Recovery Center and to authorize the City Manager to negotiate a contract
with the recommended vendor.
Suggested Disposition: Receive and File; Approve
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30. Alcohol Compliance — Civil Penalties for Alcohol License Holders —
Panchero's Mexican Grill
City Manager recommending approval of the Acknowledgement / Settlement
Agreements for a first offense alcohol compliance violation for Panchero's Mexican Grill
Suggested Disposition: Receive and File; Approve
31. Alcohol Compliance — Civil Penalties for Alcohol License Holders —
Shannon's Bar & Grill
City Manager recommending approval of the Acknowledgement / Settlement
Agreements for a second offense alcohol compliance violation for Shannon's Bar &
Grill.
Suggested Disposition: Receive and File; Approve
32. Alcohol Compliance — Civil Penalties for Alcohol License Holders —
Red Robin America's Gourmet Burgers & Spirits
City Manager recommending approval of the Acknowledgement / Settlement
Agreements for a second offense alcohol compliance violation for Red Robin America's
Gourmet Burgers & Spirits.
Suggested Disposition: Receive and File; Approve
33. Signed Contracts
1) Water Pollution Control Plant Modifications Project Change Order No. 10 with Miron
Construction Co. 2) Water Pollution Control Plant Modifications Project Amendment No.
4 with Strand Associates, Inc. 3) Well Field Electrical Upgrades Project award of
Engineering Services Contract to IIW Engineers & Surveyors, P.C.
Suggested Disposition: Receive and File
34. Liquor License Refund
Request from Rick Worcester of Off Minor Bar for a refund on Beer and Liquor
Combination License No. BW0093628 in the amount of $253.13.
Suggested Disposition: Receive and File; Approve
35. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of a Class "C" Beer /Liquor License to the Twisted
Pickle, Grand River Center, Red Robin Burgers, National Mississippi River Museum,
Fat Tuesday's, Crust Italian Kitchen, and Hilton Garden Inn /Houlihan's; a Class "B"
Wine Permit to Wal -Mar Supercenter #2004, Family Mart, Inc., and Crust Italian
M.
Kitchen; a Special Class "C" Liquor License (5 -Day Special Event) to the Dubuque
County Fine Arts Society and Riverview Center /Roshek Center; a Special Class "C"
Liquor License (14 -Day Special Event) to Dubuque County Fine Arts Society
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Family Mart, Phillips
66 /Arby's, and Wal -Mart Supercenter #2004
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Fiscal Year 2012 Budget Amendment No. 1
City Manager recommending setting a public hearing on September 19, 2011 on the
Fiscal Year 2012 Budget Amendment No. 1.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/19/11
2. Rose of Dubuque, LLP — Development Agreement
City Manager recommending setting a public hearing for September 19, 2011 on a
Development Agreement with the Rose of Dubuque, LP for a 70 -unit affordable living
facility on Lake Ridge Drive.
RESOLUTION 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 the
Rose of Dubuque, L.P., and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/19/11
3. Dubuque River Rides, Inc. — Docking Lease Agreement
City Manager recommending setting a public hearing for September 19, 2011 on the
proposed Docking License Agreement between the City of Dubuque and Dubuque
River Rides, Inc.
RESOLUTION of intent to dispose of an interest in real property by License Agreement
with Dubuque River Rides, Inc.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/19/11
1.01
BOARDS /COMMISSIONS
Appointments to the following Boards /Commissions:
Zoning Advisory Commission
One 3 -year term through July 1, 2013 (Vacant term of Stiles)
Applicant:
Eugene Bird, 3357 Arrowwood Lane
This commission is subject to the State of Iowa Gender Balance Law effective January 1, 2012.
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. Petition to Vacate — 1900 Block of Garfield Avenue
Proof of publication on notice of public hearing to consider a request by Brian Goranson
to vacate a portion of a public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield
Avenue in the City of Dubuque and the City Manager recommending approval.
RESOLUTION Vacating a portion of the public alley abutting 1902, 1912, 1946, 1952,
and 1956 Garfield Avenue
RESOLUTION Disposing of City interest in Lots 148A, 149A, 150A, 151A and 152A in
Ham's Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
2. Sale of Property — 2300 Washington Street
Proof of publication on notice of public hearing to consider disposal of City -owned
property at 2300 Washington Street to Habitat for Humanity and the City Manager
recommending approval.
RESOLUTION of intention to dispose of City -owned property, specifically, Lot 2 of Bee
Branch Subdivision No. 1 in the City of Dubuque, Iowa, according to the recorded Plat
thereof - 2300 Washington Street
Suggested Disposition: Receive and File; Adopt Resolution
3. Sale of Property — 2302 Washington Street
Proof of publication on notice of public hearing to consider disposal of City -owned
property at 2302 Washington Street to Habitat for Humanity and the City Manager
recommending approval.
IM
RESOLUTION of intention to dispose of City -owned property, specifically, Lot 1 of Bee
Branch Subdivision No. 1 in the City of Dubuque, Iowa, according to the recorded Plat
thereof - 2302 Washington Street
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. Pump Room Roof Replacement Project
City Manager recommending award of the construction contract for the Pump Room
Roof Replacement Project to Jim Giese Commercial Roofing in the amount of $75,433.
RESOLUTION awarding public improvement contract for Eagle Point Water Plant Pump
Room Roof Replacement Project - CIP 740 -2206
Suggested Disposition: Receive and File; Adopt Resolution
2. Creek Wood Park — Timber -Hyrst Place
City Manager recommending acceptance of the donation by Marty McNamer of Lot 2 of
Timber -Hyrst Place #2 Subdivision for a mini park. The Park and Recreation
Commission recommends naming the park Creek Wood Park as it is located on Creek
Wood Drive. It is recommended that the City Council select Creek Wood Park as the
name for this park.
RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa, from
North Cascade Road Developers, LLC, an Iowa Limited Liability Company
Suggested Disposition: Receive and File; Approve; Adopt Resolution
3. Liberty Subdivision — Approval of Final Plat
City Manager recommending approval of the Final Plat for Liberty Subdivision.
RESOLUTION Authorizing the approval of the Final Plat of Liberty Subdivision in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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4. Dubuque Initiatives — 3`d Amendment to Development Agreement
City Manager recommending approval of a resolution amending the Development
Agreement between the City of Dubuque and Dubuque Initiatives for the redevelopment
of the Historic Roshek Building.
RESOLUTION Approving the Third Amendment to the Roshek Building Development
Agreement
Suggested Disposition: Receive and File; Adopt Resolution
5. Bee Branch Creek Restoration Project —Acquisition of 517 E. 22nd Street
City Manager recommending approval to purchase the lot at 517 East 22nd Street as
part of the Bee Branch Creek Restoration Project.
RESOLUTION Approving the acquisition of real estate located at 517 E. 22nd Street, in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
6. Storm Water Fees for Spec Building
City Manager recommending that Spiegel Family Realty Company Iowa, LLC not be
required to pay the storm water fee on the spec building in the Dubuque Industrial Park
West until the property is leased or sold, but no later than December 1, 2013.
Suggested Disposition: Receive and File; Approve
7. Family Self- Sufficiency Program — Request for Work Session
City Manager requesting a City Council work session for November 21, 2011 regarding
the Family Self- Sufficiency Program.
Suggested Disposition: Receive and File; Council
8. National League of Cities (NLC)
Correspondence from the National League of Cities requesting that the City designate a
voting delegate and alternate voting delegate for the upcoming National League of
Cities (NLC) Annual Business meeting on November 12, 2011.
Suggested Disposition: Receive and File; Council
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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.
IN 1161-11 =ID1F11 * *11IQ01
Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)Q) Code of Iowa
Kevin S. Firnstahl
Acting City Clerk
September 1, 2011
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