6 15 09 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF
6/15/09
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
LYNCH
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, JUNE 15, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Deacon David McGhee, Church of the Nativity
PROCLAMATIONS
Colts Drum and Bugle Corps (June 30 and July 31, 2009)
Monarch Moments Month (July, 2009)
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
Cable TV Teleprogramming Commission of 5/5; City Council of 6/1 and 6/8; Civil
Service Commission of 5/14 and 5/15; Community Development Advisory Commission
of 4/22; Environmental Stewardship Advisory Commission of 5/5; Historic Preservation
Commission of 5/21; Housing Commission Trust Fund Committee of 9/29/08; Human
Rights Commission of 3/9 and 4/30; Park and Recreation Commission of 5/12; Zoning
Advisory Commission of 6/3; Zoning Board of Adjustment of 5/28
Proofs of publication of City Council Proceedings of May 18 and May 27, 2009 and List
of Claims and Summary of Revenues for Month Ended April 30, 2009
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
The Durrant Group / Gary Bechtel for vehicle damage; James J. Butcher for vehicle
damage; Sue Craven for vehicle 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: Richard
Rokusek for property damage; Allied Property and Casualty Insurance for vehicle
damage; The Durrant Group / Gary Bechtel for vehicle damage; John Butcher for
vehicle damage
Suggested Disposition: Receive and File; Concur
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3. Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to
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13 Streets
City Manager recommending award of the contract for the Green Alley Pilot Project –
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Alley between Jackson and White Streets from 11 to 13 Streets to Portzen
Construction, Inc. in the amount of $215,274.25.
RESOLUTION
Awarding public improvement contract for the Green Alley Pilot Project
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(11 – 13 between White and Jackson Streets)
Suggested Disposition: Receive and File; Adopt Resolution
4. Trolley Line Trail – Eagle Point Park Project
City Manager recommending award of the contract for the Trolley Line Trail – Eagle
Point Park Project to Portzen Construction, Inc. in the amount of $202,216.00.
RESOLUTION
Awarding public improvement contract for the Eagle Point Trolley Line
Trail Project
Suggested Disposition: Receive and File; Adopt Resolution
5. North Fork Catfish Creek Sanitary Sewer Project – Phase I
City Manager recommending award of the contract for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Improvements Project – Phase I to Anstoetter
Construction Co. in the amount of $781,801.00.
RESOLUTION
Awarding public improvement contract for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Improvements Project – Phase I
Suggested Disposition: Receive and File; Adopt Resolution
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6. Roosevelt Park Master Plan Consultant Selection
City Manager recommending approval of the selection of Confluence as the consultant
to develop the Roosevelt Park Master Plan.
Suggested Disposition: Receive and File; Approve
7. Quince Street Underground Utility Reconstruction Project
City Manager recommending acceptance of the Quince Street Underground Utility
Reconstruction project as completed by Top Grade Excavating, Inc. of Dubuque, Iowa,
in the final contract amount of $102,573.17 and establishment of the Final Schedule of
Assessments
RESOLUTION
Accepting the Quince Street Underground Utility Reconstruction Project
and authorizing payment to the contractor
RESOLUTION
Adopting the final assessment schedule for the Quince Street
Underground Utility Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
8. Historic Preservation Commission Advisory Design Review – Library Entry Plaza
Historic Preservation Commission recommending approval of the Library Entry Plaza as
presented with broom finished colored concrete paving compatible with the colors of the
approved Library sidewalk pattern.
Suggested Disposition: Receive and File; Approve
9. 2009 Justice Assistance Grant (JAG) Application
City Manager recommending approval of the 2009 Justice Assistance Grant (JAG)
application.
Suggested Disposition: Receive and File; Approve
10. Iowa Power Fund Application for Smart Water Meter Replacement Program
City Manager recommending approval of the submittal of a $2,000,000 Iowa Power
Fund grant application to implement the Smart Water Meter Replacement Program.
Suggested Disposition: Receive and File; Approve
11. Fiscal Year 2010 Arts and Culture Funding Program
Arts and Culture Affairs Advisory Commission recommending approval of twelve Fiscal
Year 2010 Arts and Culture Operating Support funding requests and authorization for
the City Manager to sign the funding agreements.
Suggested Disposition: Receive and File; Approve
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12. Fiscal Year 2010 Special Projects Arts and Culture Grants
Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal
Year 2010 Arts and Culture Grants for Special Projects and authorization for the City
Manager to sign the grant agreements.
Suggested Disposition: Receive and File; Approve
13. Eide Bailly Audit Agreement
City Manager advising that the Eide Bailly Audit Engagement Letter has been signed for
the Fiscal Year ending June 30, 2009.
Suggested Disposition: Receive and File
14. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities for up to $40,000 for the necessary
equipment to offer a free high school video production program at the Dubuque Art
Center.
Suggested Disposition: Receive and File; Approve
15. Bank Transfers – Dubuque Metropolitan Area Solid Waste Agency
City Manager recommending approval for certain Finance Department employees to
obtain information and make transfers between City of Dubuque / Dubuque Metropolitan
Area Solid Waste Agency bank accounts.
RESOLUTION
Authorizing certain City of Dubuque Finance Department employees to
obtain bank account information and make transfers between City of Dubuque bank
accounts within a banking institution
Suggested Disposition: Receive and File; Adopt Resolution
16. Water Meter Change-Out Project Consultant
City Manager recommending approval of the selection of HDR Engineering as the City’s
consultant for the construction and procurement of the Water Meter Change-Out
Project.
Suggested Disposition: Receive and File; Approve
17. Dubuque Humane Society
Communication from Jane McCall, Dubuque Humane Society, withdrawing their dog
park proposal.
Suggested Disposition: Receive and File
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18. Keyline Transit Bus Procurement
City Manager recommending approval to proceed with the procurement of two heavy
duty buses and one light duty bus with economic stimulus funding.
Suggested Disposition: Receive and File; Approve
19. Port of Dubuque Adams Development, LLC – Durrant Project
City Manager recommending approval of the Partial Assignment of Development
Agreement and Collateral Assignment of Development Agreement for the Port of
Dubuque Adams Development, LLC – Durrant Project to Stonekey Properties, LLC.
Suggested Disposition: Receive and File; Approve
20. Roshek Building / IBM Redevelopment Project
City Manager recommending approval of a revised Notice and Consent Agreement by
and among the City, Dubuque Bank and Trust, Dubuque Initiatives and Roshek Building
Investment Fund, LLC, an entity that is being created as part of the tax credit
transactions involving the Roshek Building / IBM Redevelopment Project.
RESOLUTION
Approving and authorizing execution of a revised Form of Notice and
Consent Agreement by and among the City of Dubuque, Iowa, Dubuque Bank & Trust
Company, Dubuque Initiatives, and Roshek Building Investment Fund, LLC
Suggested Disposition: Receive and File; Adopt Resolution
21. Liquor License Transfer
Request of the American Legion Post #6 to transfer their liquor license to Nativity
Church on July 2, 2009.
Suggested Disposition: Receive and File; Approve
22. Liquor / Tobacco License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of twenty-eight renewal licenses to sell cigarettes
and cigarette papers
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to the Colts
Community Center and a Class “C” Beer Permit to Walgreens #6154, Walgreens #9708
and Walgreens #11942
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Los Aztecas
III Mexican Restaurant, Creslanes Bowling, Dubuque Bowling Lanes, American Legion
#6 and Applebee’s Grill and Bar; and a Special Class “C” Liquor License to the Rotary
Club
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. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements
Project, Phase II
City Manager recommending initiation of the public bidding process for the
Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project and
that a public hearing be set for July 6, 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 Pennsylvania
Avenue from IA 32 to Vizaleea Drive Safety Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/6/09
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Arts and Cultural Affairs Advisory Commission
Three 3-year terms through June 30, 2012 (Terms of Henkels, Steffen, Shafer)
(1 at-large, 2 business/professionals of which one must live or work within the Cultural and
Entertainment District)
Applicants:
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Ellen Henkels, 890 W. 3 Street (qualifies for at-large or business professional)
Molly McDonough, 1787 Lawndale Street (qualifies for at-large or business
professional)
Geri Shafer, 1207 Adeline Street (qualifies for at-large or business professional)
Julie Steffen, 2260 Coates Street (qualifies for at-large or business professional within
district)
Peggy Stover, 1145 Locust Street (qualifies for at-large or business professional within
district)
Also applying for Historic Preservation Commission
Building Code Appeals Board
Three 3-year terms: 1 at-large through August 1, 2011, term of Jahns; 2 newly formed ADA
Representatives with terms determined by appointment date
Applicants:
Ryan Anglese, 2752 Carlton
Also applying for Housing Code Appeals Board and Zoning
Advisory Commission
Marla Cruise, 905 Rockdale Road (ADA representative)
Civic Center Commission
Two 3-year terms through June 29, 2012 (Terms of Fuller and Parks)
Applicants:
Cynthia Fuller, 960 Prince Phillip Drive
Bryce Parks, 2005 N. Main Street
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Historic Preservation Commission
Four 3-year terms through July 1, 2012 (3 at-large, 1 Cathedral Historic District resident or
interim; Terms of Bichell, Lundh, Olson, Knight/)
current interim
Applicants:
Christen Happ Olson, 1090 Grove Terrace (qualifies for at-large or interim)
Shayne Henry, 160 Devon Drive (qualifies for at-large or interim)
Also applying for Park
and Recreation Advisory Commission
Michael Knight, 942 Mt. Pleasant Street (qualifies for at-large or interim)
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Mary Loney Bichell, 595 W. 11 Street (qualifies for at-large or interim)
Peggy Stover, 1145 Locust Street (qualifies for at-large or interim)
Also applying for Arts
and Cultural Affairs Advisory Commission
Housing Code Appeals Board
One 3-year term through January 1, 2011 (Term of Moore)
Applicant:
Ryan Anglese, 2752 Carlton Avenue
Also applying for Building Code Appeals Board
and Zoning Advisory Commission
Investment Oversight Advisory Commission
Two 3-year terms through July 1, 2012 (Terms of Lassance and Melendez)
Applicants:
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Brad Chalmers, 1095 W. 3 Street
Paul Lassance, 4846 Embassy Court
Hiram Melendez, 1920 Shelby Street
Long Range Planning Advisory Commission
Two 3-year terms through July 1, 2012 (Terms of Darter and Stein)
Applicants:
Chad Darter, 2544 Matthew John Drive
Lou Oswald, 180 Nowata Street
Park and Recreation Advisory Commission
One 3-year term through June 30, 2012 (Term of Duggan)
Applicants:
Robert Blocker, 880 Kane Street
Charles Duggan, 2317 Beacon Hill Drive
Shayne Henry, 160 Devon Drive
Also applying for Historic Preservation Commission
David Schlueter, 3645 Crescent Ridge
TV Cable Regulatory Commission
One 3-year term through June 30, 2012 (Term of Ellis)
Applicant:
Charlie Ellis, 373 S. Grandview Avenue
TV Cable Community Teleprogramming Commission
Three 3-year terms through June 30, 2012 (Terms of Tigges, Vincent, and McDonough)
Applicants:
Jennifer Tigges, 4927 Wild Flower Drive
Alan Vincent, 1010 Dunham Drive
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Zoning Advisory Commission
Two 3-year terms through July 1, 2012 (Terms of Miller and Hardie)
Applicants:
Ryan Anglese, 2752 Carlton Avenue
Also applying for Building Code Appeals Board
and Housing Code Appeals Board
Stephen Hardie, 62 Fremont Avenue
Charles Miller, 7010 Asbury Road
Ferd Nesler, 4125 Mt. Alpine Street
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. Request to Rezone – University Avenue between Ethel and Prysi Streets
Proof of publication on notice of public hearing to consider a request from Tom Kluck to
rezone property located north of the University Avenue and Ethel Street intersection
from OR Office Residential District to PUD Planned Unit Development District with a PR
Planned Residential District designation and adopting a conceptual development plan
and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located north of the
University Avenue and Ethel Street intersection from OR Office Residential District to
PUD Planned Unit Development District with a PR Planned Residential District
designation and adopting a conceptual development plan
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone – Key Way Drive
Proof of publication on notice of public hearing to consider a request from Steve Boge /
Clark and Linda Wolff to rezone property located east of Keyway Drive from C-3
General Commercial District to PUD Planned Unit Development District with a PR
Planned Residential District designation and adopting a conceptual development plan
and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located east of
Keyway Drive from C-3 General Commercial District to PUD Planned Unit Development
District with a PR Planned Residential District designation and adopting a conceptual
development plan
Suggested Disposition: Receive and File; Motion B; Motion A
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3. Text Amendment – Dubuque Initiatives
Proof of publication on notice of public hearing to consider a request from Jeff Morton /
Dubuque Initiatives to amend Section 4-3.11 Sign Regulations to place a freestanding
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sign along the 7 Street frontage in a C-5 Central Business District and Zoning Advisory
Commission recommending approval.
ORDINANCE
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for the
C-5 Central Business District and adopting Section 4-3.11 Schedule of Sign Regulations
for the C-5 Central Business District in lieu thereof, pertaining to the addition of
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freestanding identification signs along 7 Street from Locust Street to the alley
Suggested Disposition: Receive and File; Motion B; Motion A
4. Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$700,000 in Urban Renewal Tax Increment Revenue Notes to support a mixed use
redevelopment of the building at 40 Main Street by 40 Main, LLC and City Manager
recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $700,000 Urban Renewal Tax Increment Revenue Notes
Suggested Disposition: Receive and File; Adopt Resolution
5. North Fork Catfish Creek Sanitary Sewer Project – Phase II
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and estimated cost for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Improvements Project – Phase II and City Manager
recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the North Fork Catfish Creek Sanitary Sewer Project – Phase II
Suggested Disposition: Receive and File; Adopt Resolution
6. Dubuque Industrial Center West – North Siegert Farm Phase III Project
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and estimated cost for the Dubuque Industrial Center
West – North Siegert Farm Phase III Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Dubuque Industrial Center West – North Siegert Farm Phase III Project
Suggested Disposition: Receive and File; Adopt Resolution
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7. National Mississippi River Museum and Aquarium River Center Project – Phase II
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and estimated cost for the National Mississippi River
Museum and Aquarium River Center Project – Phase II and City Manager
recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the National Mississippi River Museum and Aquarium River Center Project – Phase II
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. Dubuque Main Street, Ltd.
Dan LoBianco, Director of Dubuque Main Street, Ltd., to provide quarterly report on the
activities of Dubuque Main Street, Ltd.
Suggested Disposition: Receive and File
2. Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius
Solutions (Tabled at meeting of June 1, 2009)
City Manager recommending approval to amend the $40,000 Urban Development
Action Grant (UDAG) Loan Agreement with Genuine Genius Solutions, LLC to allow a
one year extension of the repayment of the loan.
Suggested Disposition: Remove from Table; Receive and File; Approve
3. Downtown Design Guidelines
City Manager recommending approval of an incentive-based implementation strategy
for the Downtown Design Guidelines similar to the current review process for private
and public improvements in the Greater Downtown Urban Renewal District and
adoption of the Downtown Design Guidelines.
Suggested Disposition: Receive and File; Approve
4. Port of Dubuque Public Parking Facility Agreement
City Manager recommending approval of the Port of the Dubuque Public Parking
Facility Private Parking Agreement between the City of Dubuque and Diamond Jo, LLC.
Suggested Disposition: Receive and File; Approve
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5. Parking Ramp Architect / Engineer Contract Award
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City Manager recommending award of the design contract for the parking ramp at 5
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and Bluff and the parking ramp at 10 and Central to Desman Associates in the amount
of $950,000.
RESOLUTION
Awarding contract
Suggested Disposition: Receive and File; Adopt Resolution
6. Chapter 44 – Code of Ordinances Amendment
City Manager recommending approval of amendments to the Code of Ordinances
related to the water meter change out program.
ORDINANCE
Amending the City Code of Ordinances Chapter 44 Utilities, Article III
Water, Division 2 Connections, Section 44-164 Interference with Shutoff
ORDINANCE
Amending the City Code of Ordinances Chapter 44 Utilities, Article III
Water, Division 3 Meters, Section 44-183 Location, Method of Installation
ORDINANCE
Amending the City Code of Ordinances Chapter 44 Utilities, Article III
Water, Division 3, Meters, Section 44-184 Remote Readers
ORDINANCE
Amending the City Code of Ordinances Chapter 44 Utilities, Article III
Water, Division 2 Connections, Section 44-153 Service Connections to be Installed by
City or Duly Licensed Plumbers
Suggested Disposition: Receive and File; Motion B; Motion A
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 and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Jeanne F. Schneider
June 11, 2009
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