2 2 09 City Council Agenda _No Icons
ROLL CALL ORDER
FOR MEETING OF 2/2/09
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. – WORK SESSION ON HISTORIC MILLWORK DISTRICT MASTER PLAN
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, FEBRUARY 2, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
The Reverend Kathleen Milligen, St. John's Episcopal Church
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 11/25; City Council of 1/15, 1/20 and
1/26; Electrical Code Board of 1/26; Housing Commission of 10/7; Library Board of
10/23, 11/10, 11/20, and 12/18; Park and Recreation Commission of 1/13;
Library Board of Trustees Update from Meeting of December 18, 2008
Proofs of publication of City Council Proceedings of January 5 (Special Meeting and
Regular Session), January 6, and January 15, 2009
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Investment Oversight Commission submitting the 63 Quarterly Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Ken Duffy for vehicle damage; Thomas J. Hamel for property damage; Lindsay Kruser
for vehicle damage; Craig Pfohl for vehicle damage; Gina Seeling for vehicle damage;
John F. Moran for vehicle damage; Austin M. Eppler for vehicle damage; Mary Lucas for
personal injury; Courtney Dolan for personal injury; Gary and Kerry Massey for property
damage; Nicole Morgan for personal injury/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: Paul Swartzel
for vehicle damage; Tom Hamel for property damage; Ken Duffy for vehicle damage;
Craig Pfohl for vehicle damage; Lindsay Kruser for vehicle damage; Mary Lucas for
personal injury/property damage; Austin Eppler for vehicle damage; John Moran for
vehicle damage; Gina Seeling for vehicle damage; Courtney Dolan for personal injury
City Attorney recommending denial of the claim of Scott D. Hos for vehicle damage.
Suggested Disposition: Receive and File; Concur
3. Acceptance of Warranty Deeds – Junnie and Rich’s Coin Partnership
City Manager recommending acceptance of the warranty deeds for two parcels of land
owned by Junnie and Rich’s Coin Partnership which were needed for the Bee Branch
Creek Restoration Project.
RESOLUTION
Accepting conveyance of real property described as Lot 319 and the
Westerly Half of Lot 352 in East Dubuque No. 2, an addition in the City of Dubuque,
Iowa and Lot 353 and the Easterly One-Half of Lot 352 in East Dubuque No. 2, an
addition in the City of Dubuque, Iowa to the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
4. Quarterly Investment Report
City Manager submitting the Quarterly Investment Report for the period from October 1,
2008 through December 31, 2008.
Suggested Disposition: Receive and File
5. Professional Services for Design of the Iowa 32 Hike/Bike Trail – Phase II Project
City Manager recommending approval of the selection of Buesing and Associates for
professional design services for the Iowa 32 Bike/Hike Trail Phase 2 project.
Suggested Disposition: Receive and File; Approve
6. 2008 Government Performance and Results Act (GPRA) Annual Report
City Manager submitting the 2008 Government Performance and Results Act (GPRA)
Annual Products Report.
Suggested Disposition: Receive and File
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7. 2008 Certified Local Government (CLG) Annual Report
City Manager submitting the 2008 Certified Local Government (CLG) Annual Report.
Suggested Disposition: Receive and File
8. PEG Access Request
City Manager recommending approval of a request from Mediacom for $1,300 from the
Capital Grant for Access Equipment and Facilities to configure the master control room
at the public access studio and install the necessary equipment to provide audio for the
Cablecast Carousel graphic bulletin board system.
Suggested Disposition: Receive and File; Approve
9. Cable Car Square Association
Communication from Teri Connely, Cable Car Square President, thanking the City and
the snow removal crews for their efforts after the heavy snowfall the weekend before
Christmas.
Suggested Disposition: Receive and File
10. Iowa Department of Economic Development – International Business Machines
Corporation
City Manager recommending approval of the submittal of a State of Iowa financial
assistance application to the Iowa Department of Economic Development on behalf of
IBM Corporation.
RESOLUTION
Authorizing the filing of a State of Iowa Financial Assistance Application
on behalf of IBM Corporation
Suggested Disposition: Receive and File; Adopt Resolution
11. Dubuque Professional Firefighters Association Local #353
City Manager recommending approval of a two-year collective bargaining agreement
between the City and the Dubuque Professional Firefighters Association Local #353.
RESOLUTION
Approving the agreement between the City of Dubuque, Iowa and
Dubuque Professional Firefighters Association, Local #353 and authorizing the Mayor to
sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
12. Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
Communication from Chuck Goddard, Agency Administrator for DMASWA, submitting
the Agency’s Fiscal Year 2010 fee schedule which goes into effect on July 1, 2009.
Suggested Disposition: Receive and File
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13. Lease Agreement – Dubuque Racing Association
City Manager recommending approval of the Third Amendment to the existing Lease
Agreement between the City of Dubuque, as owner of Dubuque Greyhound Park and
Casino, and the Dubuque Racing Association.
Suggested Disposition: Receive and File; Approve
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14. Purchase of Property – 317 / 319 East 22 Street
City Manager recommending approval of the purchase of a residential rental dwelling
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located at 317 / 319 E 22 Street, as part of the acquisition program associated with the
Bee Branch Creek Restoration Project.
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RESOLUTION
Approving the acquisition of real estate located at 317 / 319 E 22
Street, in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
15. Isaac Hanna Subdivision
Communication from George B. Isaac, Isaac Hanna, LLC, requesting a final inspection
and acceptance of public improvements completed in Isaac Hanna Subdivision.
Suggested Disposition: Receive and File; Refer to City Manager
16. Iowa Department of Transportation – Right-of-Way Acquisition Services
Agreement
City Manager recommending approval of a Right-of-Way Acquisition Services
Agreement with the Iowa Department of Transportation for the Southwest Arterial
Project.
RESOLUTION
Approving the Iowa Department of Transportation Right-of-Way
Acquisition Services Agreement for City street relocations and/or reconstruction for City
of Dubuque Southwest Arterial
Suggested Disposition: Receive and File; Adopt Resolution
17. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Pizza Hut #4690
and #4691 and a Class “C” Beer Permit to Big 10 Mart
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Goetz’ and
Mario’s Italian Restaurant; and a Special Class “C” Liquor License to Café Manna Java
West and Pusateri’s
Suggested Disposition: Receive and File; Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Vacating of Property
City Manager recommending that a public hearing be set for February 16, 2009 to
consider the vacating of Gillespie Street, Fink Street and the adjacent alley, which are
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now located within the West 32 Street Detention Basin.
RESOLUTION
of Intent to vacate public interest tin Gillespie Street, Fink Street, and
adjacent alley in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/16/09
2. Sewer Revenue Capital Loan Notes
City Manager recommending that a public hearing be set for February 16, 2009 to
consider approval of the issuance of not to exceed $3,500,000 Sewer Revenue Capital
Loan Notes for the planning and design of the Water Pollution Control Plant renovation
project.
RESOLUTION
Fixing date for a meeting on the authorization of a Loan and
Disbursement Agreement and the issuance of not to exceed $3,500,000 Sewer
Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice
thereof
Suggested Disposition: Receive and File; Adopt Resolution
BOARDS/COMMISSIONS
Appointments to the following Commission:
Community Development Advisory Commission
Two 3-year terms through February 15, 2012, Low/Moderate Income Area and At-Large
Requirements (Terms of Wainwright and Stubben)
Applicants:
Hilary Stubben, 2433 Broadway Street (Low/Moderate Income Area)
Thomas Wainwright, 1800 Elm Street (At-Large)
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PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. Floodwall Levee Slope Stabilization Project
Proof of publication on notice of public hearing to consider approval of the plans and
specifications, form of contract and estimated cost for the Floodwall Levee Slope
Stabilization Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Floodwall Levee Slope Stabilization Project
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. Bricktown Liquor License Renewal
City Manager recommending approval of a six month liquor license renewal for
Bricktown Brewery.
RESOLUTION
Granting the issuance of a six month Class “C” Beer/Liquor License to
Bricktown Brewery
Suggested Disposition: Receive and File; Adopt Resolution
2. Development Agreement and Incentive Agreement – International Business
Machines Corporation (Tabled on January 26, 2009)
City Manager recommending that action on this item be tabled to February 16, 2009.
RESOLUTION
Approving and authorizing execution of the Development Agreement
between the City of Dubuque, Iowa and Dubuque Initiatives, and the Incentive
Agreement between the City and International Business Machines Corporation
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution
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3. 15264 Middle Road – Request to Rezone (First Reading on January 20, 2009)
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 15264
Middle Road from Dubuque County R-2 Single-Family Residential District to City CS
Commercial Services and Wholesale District
Suggested Disposition: Receive and File; Motion B; Motion A
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4. 607 East 22 Street – Request to Rezone (First Reading on January 20, 2009)
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 607 – 609
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East 22 Street from C-1 Neighborhood Commercial District, with conditions, to C-1
Neighborhood Commercial District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
5. 777 Edwards Road – Amendment to Planned Unit Development District (First
Reading on January 20, 2009)
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 777
Edwards Road from R-1 Single Family Residential District to PUD Planned Unit
Development District with a PI Planned Industrial District designation and adopting a
revised Conceptual Development Plan for Edwards Cast Stone
Suggested Disposition: Receive and File; Motion B; Motion A
6. Oak Grove Sanitary Sewer and Water Main Extension Project (Tabled on January
20, 2009)
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Oak Grove Sanitary Sewer and Water Main Extension Project
RESOLUTION
With respect to the adoption of the Resolution of Necessity proposed for
the Oak Grove Sanitary Sewer and Water Main Extension Project
RESOLUTION
Approvingschedule of assessments and estimate of total cost for the
Oak Grove Sanitary Sewer and Water Main Extension Project
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolutions
7. Award of Contract – Oak Grove Sanitary Sewer and Water Main Extension Project
City Manager recommending award of the public improvement contract for the Oak
Grove Sanitary Sewer and Water Main Extension Project to Drew Cook & Sons
Excavating, Inc., in the amount of $117,926.00.
RESOLUTION
Awarding public improvement contract for the Oak Grove Sanitary
Sewer and Water Main Extension Project
Suggested Disposition: Receive and File; Adopt Resolution
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8. Valet Parking (First Reading on January 20, 2009)
ORDINANCE
Amending City of Dubuque Code of Ordinances Sections 33-21 and 33-
21.2 to provide for valet parking in the downtown business district by requiring
businesses to obtain a special events permit and provide a plan for compliance with the
Americans with Disabilities Act and Americans with Disabilities Act Accessibility
Guidelines
Suggested Disposition: Receive and File; Motion B; Motion A
9. Fiscal Year 2010 Operating Budget and Capital Improvement Program
City Manager submitting the Fiscal Year 2010 Operating Budget and Five Year Capital
Improvement Program.
Suggested Disposition: Receive and File
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation – Chapter 21.5(1)(j) Code of Iowa
Jeanne F. Schneider
January 29, 2009
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