4 20 09 Regular Meeting Call and Assistant Clerk's Skeleton NotesTO: KEVIN S. IRNSTAHL
ASSISTANT CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, APRIL 20, 2009, AT 6:30 P.M., IN THE
HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY
PROPERLY COME BEFORE THE COUNCIL.
MAYOR
Consent Agenda is on pages 1 through 5.
2
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CONSENT IT S
Ayes
,'
~ J®NES
LYNCH
RESNICK
~ VOETBERG
BR~41G
BUOL
CONNORS
Nays
sr`'-~
1. IVlinutes and Reports Submitted
City Council of 4/6; Civil Service Commission of 1/30; Historic Preservation Commission
of 3/19; Zoning Advisory Commission of 3/25 and 4/1; Zoning Board of Adjustment of
3/3 and 3/26
Suggested ®isposition: Receive and File
2.
3.
Notice of Claims/Suits
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: William Enk for
vehicle damage
Suggested ®isposition: Receive and File; Concur
Indiana Subdivision
City Manager recommending acceptance of the public improvements which the
developer, KZ Investments, LLC, has recently completed in Indiana Subdivision.
RESOLUTION °'-` ~~ Accepting improvements in Indiana Subdivision
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes
J®NES
LYNCH
RESNICK
VOEI°BERG
BRAIG
BUOL
C®NN®RS
Nays
3
4. I®OT Agreement for Traffic Safety Improvement Funding
City Manager recommending approval of the Iowa Department of Transportation
Agreement for Traffic Safety Improvement Funding (Iowa DOT Project No. CS-TSF-
2100(644)--85-31,Rgreement No. 2010-TS-018) for the Pennsylvania Avenue
Improvements Project, IA 32 to Vizaleea Drive.
P ~g.
RESOLUTION ,~ Approving the Iowa Department of Transportation
Agreement for Traffic Safety Improvement Funding for the Pennsylvania Avenue from
IA 32 to Vizaleea Drive Safety Improvements (CS-TSF-2100(644)--85-31, Agreement
2010-TS-018)
Suggested ®isposition: Receive and File; Adopt Resolution
5. Historic Old main Street -Lighting and Sidewalk Replacement Project
Assessments
City Manager recommending approval of a revised schedule of final assessments for
the Historic Old Main Street -Lighting and Sidewalk Replacement Project.
RESOLUTION ~` ~ Adopting the revised final assessment schedule for the
Historic Old Main Street -Lighting and Sidewalk Replacement Project
Suggested ®isposition: Receive and File; Adopt Resolution
6. Vision Iowa Board -Community Attraction and Tourism Agreement
City Manager recommending approval of the execution and delivery of a $440,000
Community Attraction and Tourism (CAT) grant agreement with the Vision Iowa Board
for the E.B. Lyons Interpretive Center Expansion.
Communication from Andrew Anderson, Vision Iowa Board Chair, advising that the
Vision Iowa Board intends to award the City of Dubuque and the Friends of the Mines of
Spain a Community Attraction and Tourism Grant of $440,000 on behalf of the E.B.
Lyons Interpretive Center Expansion Project.
RESOLUTION ~ ~~ Authorizing execution of CAT Grant Agreement for E.B.
Lyons Interpretive Center Expansion Project
Suggested ®isposition: Receive and File; Adopt Resolution
4
7. Population of Annexed Areas
City Manager recommending that the City certify to the State Treasurer the population
of any areas annexed since the 2000 Census as required by Section 312.3(4) of the
Code of Iowa.
Suggested Disposition: Receive and File
8. Revitalize Iowa's Sound Economy (RISE) Grant
City Manager recommending approval of a Project Agreement with the Iowa
Department of Transportation for RISE funding in the amount of $285,002 for a new
street in the Dubuque Industrial Center West to service the former North Siegert farm
area.
RESOLUTION ~.~~ Approving an Agreement for R.I.S.E. funding with the
Iowa Department of Transportation relating to development of a new street in the
Dubuque Industrial Center West
Suggested Disposition: Receive and File; Adopt Resolution
9. Certificate of Completion -Port of Dubuque Adams Development, LLC
City Manager recommending approval of the issuance of a Certificate of Completion for
Port of Dubuque Adams Development, LLC in the Dubuque Industrial Center West
acknowledging completion of their obligations to construct Minimum Improvements as
stipulated in the Development Agreement.
Suggested Disposition: Receive and File; Approve
10. Millwork District Energy Plan
City Manager recommending approval of the selection of the consultant for the Millwork
District Energy Plan.
Suggested Disposition: Receive and File; Approve
11. Environmental Stewardship Advisory Commission
Communication from Wayne Klostermann, Chair of the Environmental Stewardship
Advisory Commission, regarding methane gas.
Suggested Disposition: Receive and File
5
12
13.
14.
15.
Fiscal Year 2009 COPS Secure Our chools Grant Application
City Manager recommending approval of the submittal of a Fiscal Year 2009
Community Oriented Policing Secure our Schools Grant application for the purpose of
obtaining grant funding for school security measures.
Suggested Disposition: Receive and File; Approve
Tobacco Compliance -Civil Penalties for Tobacco License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a first offense tobacco compliance violation for HIBA Petroleum (Clarke of Dubuque),
700 Rhomberg Avenue.
Suggested Disposition: Receive and File; Approve
Alcohol Compliance -Civil Penalties for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/ Settlement
Agreements for a first offense alcohol compliance violation for House of China, 170
John F. Kennedy Road and Applebee's Neighborhood Grill and Bar, 1395 Associates
Drive, acceptance and approval of the payment and the Acknowledgement/Settlement
Agreement when it is received for a first offense alcohol compliance violation for RIBA
Petroleum (Clarke of Dubuque), 700 Rhomberg Avenue, and to schedule a first offense
alcohol civil penalty hearing regarding Tott's Tap, 3457 Jackson Street, for May 4, 2009
concerning their December 18, 2008 alcohol violation.
Suggested Disposition: Receive and File; Approve
Delinquent Water, Sewer, Refuse and stormwater Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and stormwater collection accounts to the Dubuque County Treasurer.
-,~ F
Suggested Disposition: Receive and File; Adopt Resolution ~ ~'~' ~~ ~ ~~
~,
~,
~.
RESOLUTION ~' ~~ Adopting the Schedule of Assessments for delinquent ~
water, refuse, sewer and stormwater collection accounts and specifying the number of
annual installments into which assessments are divided, the interest on all unpaid r ~ ~`
installments, the time when the assessments are payable and directing the Clerk to
certif the schedule of assessments to the County Treasurer and to publish notice ~
Y ~
thereof ~~ ~~
Ayes
JONES
LYNCH
RESNICK
VOE7BERG
BRAIG
BUOL
CONNORS
Nays
6
16. Request for Proposals -Procurement Card Services
City Manager recommending approval of the issuance of a Request for Proposals for
implementing a Procurement Card Program
Suggested Disposition: Receive and File; Approve
17. Dubuque Water Ski Club
City Manager recommending approval of the annual lease with the Dubuque Water Ski
Club for a section of Schmitt Island.
Suggested Disposition: Receive and File; Approve
18. Health Alert Network (HAN) Memorandum of Understanding Agreement
City Manager recommending approval of a Memorandum of Understanding (MOU) for
continued use of the Health Alert Network (HAN) portal system with the Iowa
Department of Public Health.
Suggested Disposition: Receive and File; Approve
19. Intergovernmental Agreement -City of East Dubuque, Illinois
City Manager recommending approval of a 28E Intergovernmental Agreement between
the City of Dubuque and the City of East Dubuque, Illinois for bus service.
Suggested Disposition: Receive and File; Approve
20. very Child/Every Promise Quarterly Report
Mae Hingtgen submitting the Every Child /Every Promise Quarterly Report.
Suggested Disposition: Receive and File
7
21. Iowa Department of Natural Resources
Communication from the Iowa Department of Natural Resources regarding the Dubuque
Wastewater Treatment Plant Facility inspection.
Suggested Disposition: Receive and File
22. Neighborhood Stabilization Program
Communication from Michael Tramontina, Iowa Department of Economic Development,
advising that the City of Dubuque has been awarded a grant in the amount of
$444,328.00 for the Neighborhood Stabilization Program.
Suggested Disposition: Receive and File
23. PEG Capital Grant Expenditure Request
City Manager recommending approval of a request from Wahlert High School and
Mediacom for funding from the Capital Grant for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
24. Fiscal Year 2010 Community Development Block Grant Program
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for Community Development Block Grant (CDBG) program activities.
RESOLUTION ' .~% Authorizing publication of a Notice of Intent to Request
Release of Funds for certain Community Development Block Grant Projects for Fiscal
Year 2010 (Program Year 2009)
Suggested Disposition: Receive and File; Adopt Resolution
25. Iowa Department of Transportation
Communication from the Iowa Department of Transportation (IDOT) advising that they
propose to let a deck joint repair project on U.S. 61, U.S. 151, U.S. 52, ICE Railroad
and 9t" Street..
Suggested Disposition: Receive and File
8
26. Legislative Correspondence
City Manager communication to local legislators regarding the proposed amendments to
Chapter 411 and urging that this legislation not be enacted.
Suggested Disposition: Receive and File
27. Friends of the Mines of Spain
Communication from Douglas Olk, Friends of the Mines of Spain, requesting that the
City consider making a $125,000 commitment toward the building project at the E.B.
Lyons Interpretive Center.
Suggested Disposition: Receive and File; Refer to City Manager
23. Mystique Casino -Fireworks Display
Communication from Jesus Aviles requesting approval to use City property for a
fireworks display on June 6, 2009 in celebration of the 25t" anniversary of racing at
Dubuque Greyhound Park.
Suggested Disposition: Receive and File; Approve
29. Amendment to Development Agreement -Dubuque Initiatives
City Manager recommending approval of an amendment to the Development
Agreement with Dubuque Initiatives to facilitate the use of new market and historic tax
credits in connection with the redevelopment of the Roshek Building
RESOLUTION ,~;'--~ ,~~ Approving an amendment to the Development Agreement
between the City of Dubuque, Iowa and Dubuque Initiatives
Suggested Disposition: Receive and File; Adopt Resolution
30. Internal Revenue Service Audit
City Manager transmitting information about the January 21, 2009 IRS Audit.
Suggested Disposition: Receive and File
9
31. Riverwalk Ninth Addition ®Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of the
Riverwalk Ninth Addition.
RESOLUTION ,~`;, i° Approving the Plat of Survey of Riverwalk Ninth Addition
Suggested Disposition: Receive and File; Adopt Resolution
32. National Preservation Month Photographs
Communication from the Historic Preservation Commission requesting each City
Council Member to pose for a picture in front of their favorite historic building or site in
Dubuque.
Suggested Disposition: Receive and File
33. Federal Emergency Management Agency
Notification from the U.S. Department of Homeland Security's Federal Emergency
Management Agency (FEMA) announcing that the City of Dubuque will receive
$1,435,688 for the North Fork Catfish Creek Project.
Suggested Disposition: Receive and File
34. Letter of Support for Silos and Smokestacks Grant Application
City Manager recommending approval of City support of a Friends of the Mines of Spain
State Recreation Area grant application to the Silos and Smokestacks National Heritage
Area.
Suggested Disposition: Receive and File; Approve
35. Contracts Signed by the City Manager
-- Mediacom Commercial Service Agreement
Suggested Disposition: Receive and File
10
36. 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
Panchero's and a Class "C" Beer Permit to Tobacco Outlet #542, Ron's Discount
Smokes, and Hartig Drug Company
RESOLUTION ~/+~~,~°+ Granting the issuance of a Class "A" (Club) Liquor
License to DBQ Lodge #355; Class "C" Beer/Liquor License to Loras College, West
Dubuque Tap, Lot One, The Hub, Knights of Columbus #510, Whiskey River, and
Sublime; a Special Class "C" (BW) Liquor License (5-Day Special Event) to Dubuque
Jaycees; a Class "B" Wine Permit to Hartig Drug Company; and a Class "B" Native
Wine Permit to Flowers on Main
Suggested Disposition: Receive and File; ~-dopt Resolutions
11
ITEMS TO E S T FOR PU LIC H AKIN
These agenda items are being scheduled for a future public hearing on the date
indicated.
Ayes Nays
~
fJONES
~"~' ~~ LYNCH
°' RESNICK
VOETBERG
~,;,=` BRAIG
~~" BUOL
~~~~ CONNORS
1.
2.
Kephart Building Roofing Project
City Manager recommending initiation of the public bidding process for the Kephart
Building Roofing Project and that a public hearing be set for May 4, 2009.
~. ,~.
RESOLUTION ,~ ~"~'" Preliminary approval of plans, specifications, form of
contract, and estimated cost; setting date of public hearing on plans, specifications,
form of contract, and estimated cost; and ordering the advertisement for bids for the
Kephart Building Roofing Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/4/09
Fiscal Year 2009 Second udget Amendment
City Manager recommending that a public hearing be set for May 4, 2009 to consider
approval of the Second Amendment to the Fiscal Year 2009 Budget.
. _F>
RESOLUTION _~°w>% Setting the date for the public hearing on
Amendment No. 2 to the Fiscal Year 2009 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
12
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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
Ayes Nays
Pr~' JONES
~ LYNCH
~~~ RESNICK
~,.~'~ VOETBERG
~~~ BRAIG
BUOL
CONNORS
~~.
-~
Applewood Senior Housing Planner Unit Development District
Proof of publication on notice of hearing to consider a request from Dan Fitzgerald,
Horizon Development Group, to amend the Applewood Senior Housing Planned Unit
Development District by rezoning 1.7 acres from R-1 Single Family Residential District
to PUD Planned Unit Development District to allow construction of athree-story, 43-unit
senior apartment residence and Zoning Advisory Commission recommending approval,
with conditions.
®DIIVANC ~; '' Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by reclassifying property located at the 3225
Pennsylvania Avenue from R-1 Single-Family Residential District to PUD Planned Unit
Development District with a PR Planned Residential District Designation, and adopting
a Conceptual Development Plan for Applewood Senior Housing Phase 3
Suggested Disposition: Receive and File; Motion ; Motion A
Suspend the Readings
Ayes
~: J®nes
~~ ; Lyncn
'~ Resnick
~~'' Voetberg
Braig
uol
Connors
Final Reading and Adopt
13
3.
hlillcrest Family Services 1® Institutional ®istrict
Proof of publication on notice of hearing to consider a request from Gary Gansemer,
Hillcrest Family Services, to amend the Hillcrest Family Services ID Institutional District
to permit the continued use of a portable classroom and Zoning Advisory Commission
recommending approval.
OR®INANCE :~5 ~° Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by repealing Section 2(D)(2) of Ordinance No. 18-03,
and enacting a new section 2(D)(2) in lieu thereof pertaining to the time limit for use of
portable classrooms at Hillcrest Family Services
Suggested ®isposition: Receive and File; Motion ; Motion A
Suspend the Readings
Ayes , Nays Ayes Nayes
~~`, ~° Jones ~ Jones
a~`" Lynch
te ~ Lynch
r'
` Resnick
~ ~~ Resnick
~--'~
!loetberg
'~ ~~'. !loetberg
~°
~
Braig Braig
`
~,~ Buol Buol
~~
~" Connors °' Connors
~.
Louise Lane Bridge Reconstruction Project
Proof of publication on notice of hearing to consider the plans, specifications, form of
contract, and estimated cost for the Louise Lane Bridge Reconstruction Project and City
Manager recommending approval.
~~~
RESOLUTION ~~~ ~ Approving plans, specifications, form of contract, and
estimated cost for the Louise Lane Bridge Reconstruction Project
Final Reading and Adopt
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes
,~
~~ ~..
~'~ r
E~
IX~
~j~
V ~~
JONES
LYNCH
FtESNICK
VOETrBERG
BRAT V
BU®L
C®NN®RS
Nays
14
REINSTATE TFiE RUL S
This action limits discussion to the City Council.
Ayes , Nays
JONES
LYNCH
f, RESNICK
VOETBERG
;~ BRAIG
~~ ~,BUOL
~CONNORS
{~
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 to Address Council
Communication from Terry Driskell, Human Rights Commission, to introduce himself to
the City Council.
Suggested Disposition: Receive and File
Ayes Nays
°. JONES
LYNCH
RESNICK
~.
VOETBERG }~~y'r
BRAIG
BUOL
CONNORS
15
2.
3.
Tri®State °Trail Vision
Communication from the Tri-State Trail Vision Board of Directors requesting to address
the City Council regarding the East -West Corridor Study.
Suggested Disposition: Receive and File; Council
ayes
'` JorvEs
i ~ LYNCH
~,~'`, RESNICK
,/ VOETBERG
~/ BRAIG
~,d' BUOL
~,' CONNORS
Historic Preservation Commission
,.~`
nays
~ ~~ ~~
Communication from the Historic Preservation Commission recommending approval of
a request from the Four Mounds Foundation for Historic District Public Improvement
Project funds to assist with a portion of the architectural fees to design and site a visitor
station at Four Mounds.
Suggested Disposition: Receive and File; ~-pprove
Nays
16
4. North Fork `trails -Final Plat
City Manager recommending approval of the final plat of North Fork Trails.
~-~~ s ~-
RES®LUTI®N ~ Authorizing approval of the final plat of North Fork Trails
in the City of Dubuque, Iowa
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes Nays
a JONES
LYNCH
~'
~ ~` VOETBERG
,
~'~
~ BRAIG
~
`~ BUOL
CONNORS
5. Project HOPE Logo ~ ~"
City Manager recommending approval of the proposed Project HOPE Logo.
Suggested ®isposition: Receive and File; Approve
Ayes Nays
~ JONES aw
- ~
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LYNCH ~
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6. West 32"d Street ®etention basin Public Access
City Manager recommending approval of changes to the West 32nd Street Detention
Basin Project to provide limited citizen access to the area and adding signs to provide
information about the purpose of the basin and how it is designed to function.
Suggested ®isposition: Receive and File; Approve
Ayes Nays
, C~+
r~®NES
~,~' LYNCH
' RESNICK
VOETBERG
~` BRAIG
~~ BUOL
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7. Alcohol and "Tobacco Violations
City Manager recommending approval of changes to Chapter 5 of the Code of
Ordinances regarding alcohol and tobacco violations to be in compliance with the State
Code.
ORDINANCE -~ Amending the City of Dubuque Code of Ordinances
Section 5-3 Prohibited Sales and Acts by adding a provision which prohibits the sale or
supplying of alcohol to individuals without exercising reasonable care to ensure the
alcohol is not provided to those under the legal age
~;~_
ORDINANCE Amending the City of Dubuque Code of Ordinances
Chapter 33 by adding Section 33-18 Persons under Legal Age which prohibits the sale
or supplying of tobacco products to persons under eighteen (18) years of age and 33-
18A Penalty which provides a fine for such violations
.~,
ORDINANCE ~~ Amending Chapter 32 of the City of Dubuque Code of
Ordinances by adding Section 32-321.284 Open Containers In Motor Vehicles -Drivers
And Section 32-321.284A Open Containers In Motor Vehicles -Passengers which
prohibit the driver or passenger of a motor vehicle upon a public street from possessing
an unsealed receptacle containing alcoholic beverages
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes Nays
i~ Jones
~ Lynch
~~' Resnick
~,~ Voetberg
~~~` Braig
~~' Buol
1,~°'~~'`. Connors
~~
~_ s
Final Reading and Adopt
Ayes Nayes
~f ~~ Jones
A~ Lynch
#,~ Resnick
~,,~ Voetberg
Braig
~~` Buol
'
l~
:Connors
19
9
~. Operation without Registration and Driver s License Ordinance
City Manager recommending approval of modifications to the City Code of Ordinances
related to Operation without Registration and Driver's License to correspond with the
State Code numbering pattern.
y..
ORDINANCE Amending the City of Dubuque Code of Ordinances
Section 32-321.98 Operation Without Registration and 32-321.174A Operator's License
-Operation Of Commercial Motor Vehicles by adding provisions which prohibit an
individual from operating a vehicle without registration within the City of Dubuque
Suggested Disposition: Receive and File; Motion ; Motion A
Suspend the Readings
Final Reading and Adopt
Ayes Nays Ayes Nayes
Jones y~° Jones
' Lynch ~,,~ Lynch
;',Resnick ~~ - Resnick
~~~ Voetberg Voetberg
,,~ Braig ~,~ Braig
~,r' Buol ~ Buol
Connors Connors
~-° , ~
9. Sidewalk Installation Program : ~,
City Manager recommending approval of an amendment to the Sidewalk Installation'`
Ordinance to change the effective date and other minor modifications.
ORDINANCE ~r`f , Amending Chapter 41, Streets, Sidewalks and Public
Places, of the City o ubuque Code of Ordinances by changing Subsection (a) and (b)
and adding a new Subsection 41 ~100(c) authorizing City Manager to review appeals
Suggested Disposition: Receive and File; Motion B; Motion A
~`~.~~
Suspend the Readings Fal Reading ti' ~~:d
Ayes Nayes
,,
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~~`' Jones ~
Lynch
Resnick
`~ Voetberg
~°' Braig
~ ~,, Buol
xConnors
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C®UNCIL NIENISER REP®RTS
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PU LIC INPUT ~-
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2007 Code of Iowa
~ , `"`~
Motion to go into Closed Session at ~~(~~~~~=°
~~ • ,.
Motion to adjourn at ~'- ~°°~°
Ayes Nays
G- ~ ~ ~ JONES
~, - ~,--' LYNCH
~ ~ RESNICK
~-'' VOETBERG
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