7 20 09 Clerk's Skeleton Notes and Meeting CallCITY C®UNCIL REGULARS SSIN, JULY 0, 2009
C®UNCIL M T IN R GULAR SESSIN AT 6:30 P.M. I THE HISTRIC FEERAL
OILING
fr
PR S NT: MAY®R, UL, C®UNCIL ME RS ,'RAID, -NRS, J® S, LIVCH,
RESNICK, !/®ETERD
CI°fY MANAGER VAN,ILLIGEN; CITY ATT®RNEYfLIN®AHL
ASSENT:
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
INVCATI®N: Pastor Jennifer Meyer, Rockdale-Center Grove Methodist Church
2
cNSENTITEMS
Ayesy~; Nays
`~'`~Voetberg
raig
`~ Buol
Connors
~ >-, Jones
~~ ~' Lynch
' ;`F, ~`"`Resnick
Minutes and Repo Submitted
Cable TV Teleprogramming Commission of 6/2; City Council of 7/6 and 7/9; Civil
Service Commission of 6/10; Historic Preservation Commission of 6/18 (Regular
Meeting and Worksession); Investment Oversight Advisory Commission of 4/22; Zoning
Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25
Investment Oversight Commission's 64t" Quarterly Report
Proofs of publication of City Council Proceedings of June 15, 23, and 30, 2009
Suggested ®isposition: Receive and File
2. Notice of Claims/Suits
Camille Blackburn for vehicle damage; Paula Hammerand for personal injury; Marjorie
Meyer for property damage
Suggested ®isposition: 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: Katherine
Dietzel for vehicle damage; Marjorie Meyer for property damage; Camille Blackbourn for
vehicle damage; Paula Hammerand for personal injury
Suggested ®isposition: Receive and File; Concur
3
3. Agreement with Hillcrest Family ervices
City Manager recommending approval of an agreement with Hillcrest Family Services
for the use of Murphy Park for a holiday light display.
Suggested Disposition: Receive and File; Approve
4. Purchase of Property - 502 / 504 Rhomberg Avenue
City Manager recommending approval to purchase a residential dwelling located at 502/
504 Rhomberg Avenue as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RES®LU°fl®N ~~~°.a Approving the acquisition of real estate located at 502 /
504 Rhomberg Avenue in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
5. Citizen Communication
Communication from Patricia Haas urging the City to adopt the Proposed Ordinance
Section 5-2.1 regarding conditional uses for R-1 Dwellings, in particular Accessory
Dwelling Units.
Suggested Disposition: Receive and File
6. U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development advising
that the Homelessness Prevention and Rapid Re-Housing Program Substantial
Amendment to the City's Consolidated Plan 2008 Action Plan has been approved for
funding.
Suggested Disposition: Receive and File
Ayes Nays
Voetberg
Braig
uol
Connors
Jones
Lynch
Resnick
4
7. Iowa Great Places Grant
City Manager recommending approval of the submittal of the Iowa Great Places grant
application for the following projects: Streetscape and Public Space Improvements in
the Historic Millworking District; National Mississippi River Museum and Aquarium Great
River Center Phase II; and Installation of Windows in the Carnegie-Stout Library
Renovation
Suggested ®isposition: Receive and File; Approve
~. 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 $4,200 for a portable digital
recorder for recording of School Board meetings and other events.
Suggested ®isposition: Receive and File; Approve
9. Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project
City Manager recommending that the that the original contract offer awarded to K & W
Coating, LLC of Elkader, Iowa in the amount of $35,000 for the Eagle Point Water Plant
West Clear Well Phase II Pipe Coating Project be rescinded and a new contract be
awarded to the second low bidder, Superior Painting & Epoxy Coating, LLC of
Urbandale, Iowa in the amount of $36,256.
RESOLUI"I®N P~=='~ ~'~ Rescinding Resolution No. 142-09 Awarding the Public
Improvement Contract for the Eagle Point Water Plant Clear Well Reservoir Phase II
Rehabilitation (Pipe Coating) Project to I< & W Coating, LLC
RES®LUTI®N ' `~ ;3~-? Awarding the public improvement contract for the Eagle
Point Water Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to
Superior Painting & Epoxy Coating, LLC
Suggested ®isposition: Receive and File; Adopt Resolutions
Lynch
Resnick
5
10. Pennsylvania Avenue from 132 to Vizaleea Drive Safety Improvements
Protect, Phase II
City Manager recommending award of the public improvement contract for the
Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project to
McDermott Excavating in the amount of X310,221.51.
RES®LUTI®N ~'°;~;~``~ Awarding public improvement contract for the
Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution
11. Final Plat -Graf Farm
City Manager recommending approval of the final plat of Graf Farm Subdivision in
Dubuque County, Iowa.
'' ~~~~~ Rescinding Resolution No. 362-08 and approving the
RES®LUTI®N p.-~~ ` ~ «~
final plat of Graf Farms in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
12. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Fire Equipment
Operator.
Suggested Disposition: Receive and File; Make a Fatter of Record
Ayes plays
Voetberg
raig
uol
Connors
Jones
Lynch
Resnick
6
13. Community ®evelopment lock Grant (C® G) Fiscal Year 2010 Annual Action
Plan Amendment #1
City Manager recommending approval of the first amendment to the Fiscal Year 2010
Annual Action Plan.
R SLl1Tl®fV ~-;~ ' ~~~~, Approving Amendment 1 to the Fiscal Year 2010
(Program Year 2009) Annual Action Plan for Community Development Block Grant
Funds
Suggested ®isposition: Receive and File; Adopt Resolution
14. 2009 Justice Assistance Grant (JAG)
City Manager recommending acceptance of the 2009 Justice Assistance Grant (JAG) in
the amount of $360,320.
Suggested ®isposition: Receive and File; Approve
15. Alcohol Compliance -Civil Penalty for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a first offense alcohol compliance violation for Lot One.
Suggested ®isposition: Receive and File; Approve
16. ®elinquent Water, Sewer, Refuse and Storm Vl/ater Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and storm water collection accounts to the Dubuque County Treasurer.
RES®LIJTI®N ~~r~''~ Adopting the Schedule of Assessments for delinquent
water, refuse, sewer and storm water collection accounts and directing the Clerk to
certify the schedule of assessments to the County Treasurer and to publish notice
thereof
Suggested ®isposition: Receive and File; Adopt Resolution
Lynch
Resnick
7
17. Port of ®ubuue iverfront Marina Project
Communication from Brian J. Kane, representing Port of Dubuque Brewery
Development, LLC, advising that his client strongly prefers that the docks be
constructed in front of (or to the east of) the brewery building.
City Manager's response to Brian J. Kane.
Suggested ®isposition: Receive and File
18. Midwest High Speed Rail Association
City Manager recommending that the City join the Midwest High Speed Rail Association
(MHSRA), amembership-based, non-profit organization advocating the development of
fast, frequent and dependable passenger trains, at the $500 patron level.
Suggested disposition: Receive and File; Approve
19. Liquor License Transfer
Request of the Rotary Club to transfer their liquor license to the Alliant Energy Outdoor
Amphitheater on August 29, 2009 for the Irish Hooley event.
Suggested ®isposition: Receive and File; Approve
20. Liquor /Tobacco Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RES®LUTI®N .-~'~' Granting the issuance of one new license to sell
cigarettes to C ~ M Chains and Things
RES®LUTI®N ~~r~..~~ Granting the issuance of five renewal licenses to sell
cigarettes to Awn Stop Mart, Dubuque Mining Company, Hammerheads Bar, Oky-Doky
14 and Pioneer's Rest Area
RES®LUTI®N r~'°`.`~X ~;°`~~
Granting the issuance of a Class B Beer Permit to
Monkey Business Family Fun; and a Class "C" Beer Permit to Road Ranger #161, Road
Ranger #160, Road Ranger #159, Oky Doky #6, Kwik Stop Food Mart, Oky Doky #14
and Kwik Star #495
R S®LUTI®N ~~ ~~'.~~.~ f Granting the issuance of a Class "C" Beer/Liquor
License to Walnut Tap; Special Class "C" Liquor License to Bell Tower Productions; and
a Class "B" Wine Permit to Basket Expressions and Oky Doky 6; and a Class "WBN"
Native Wine Permit to Kwik Star #495
Suggested ®isposition: Receive and File; Adopt Resolutions
8
ITEMS T® E SET F®R PU LIC HEA ING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Slattery Center Lease - ubuque I~lontessori School
City Manager recommending that a public hearing be set for August 3, 2009 to consider
leasing the Slattery Center in Flora Park to Montessori School.
RES®LUTI®N r-~` ~°'~ of Intent to dispose of real property by lease agreement
with Dubuque Montessori School
Suggested ®isposition: Receive and File; Adopt Resolution
2. Fire Station No. 4 - ®oor Replacement Project
City Manager recommending initiation of the public bidding process for the Fire Station
No. 4 -Door Replacement Project and that a public hearing be set for August 3, 2009.
RES®LUTI®N ~ ~`~ ~ 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 Fire
Station No. 4 -Door Replacement Project
Suggested ®isposition: Receive and File; Adopt Resolution; Public blearing
9/3/09
3. Garfield Retaining Nall Repair Project
City Manager recommending initiation of the public bidding process for the Garfield
Retaining Wall Repair Project and that a public hearing be set for August 3, 2009.
RESOLUTI®N ~::~~-'.~:~~=~- 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
Garfield Retaining Wall Repair Project
Suggested ®isposition: Receive and File; Adopt Resolution; Public Hearing
9/3/09
Ayes gays
i/oetberg
raig
uol
Connors
Jones
Lynch
Resnic4c
10
Historic Shot Tower Rehabili tion Project
City Manager recommending initiation of the public bidding process for the Historic Shot
Tower Rehabilitation Project and that a public hearing be set for August 3, 2009.
RES®LU1°I®N ~'~.=-'~~ 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
Historic Shot Tower Rehabilitation Project
Suggested ®isposition: Receive and File; Adopt Resolution; Public Hearing
8/3/09
5. Storm Vi/ater Utility Revenue Capital Loan Notes
City Manager recommending that a public hearing be set for September 8, 2009 to
consider the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital
Loan Notes.
RES®LUTI®N ,:t Fixing date for a meeting on the authorization of a Loan
and Disbursement Agreement and the issuance of not to exceed $1,000,000 Storm
Water Utility Revenue Capital Loan Notes of Dubuque, Iowa and directing publication of
notice thereof
Suggested ®isposition: Receive and File; Adopt Resolution; Public Hearing
9/8/09
Ayes Nays
y,-;Voetberg
,~`~_~~~raig
~/ f G"r
llO~
C®nn®rs
Jones
fF,,t•~ Lynch
~r' '° Resnick
f
11
ARS/CMMIS IBS
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.
Civil Service Connrnission - Mayor Appointr~nent
One 4-year term through April 6, 2012 (Term of Krueger)
Applicants:
Tom Rawson, 2310 Knob Hill Drive °. °'~
John Stevens, 2215 Graham Circle
Elizabeth Takes, 1245 Dunleith Court --Y f ~,:..
Transit Board of Trustees
One 3-year term through July 30, 2012 (Term of Stedman)
Applicants:
Thomas Croissant, 444 Angella Street, #8
Matthew Esser, 90 Main Street, #201
Appointments to the following Boards/Commissions:
uilding Code Board of Appeals
Two 3-year terms through August 1, 2012 (Terms of Carr and Luchsinger) At-large and
General Contractor requirements
Applicants:
Richard Luchsinger, 2875 Brueck Road (At-Large Reappointment)
Chuck Carr, 1705 Kathy Drive (General Contracto,~`reappointment)
F.
12
Library oard of °frustes ® ayor Appointment
Three 4-year terms referenced with expiration dates contingent upon proposed ordinance
which will re-stagger terms: 2 terms through July 1, 2010; and 1 term through July 1, 2013
(Terms of Guns, Kolz, and Willis)
Applicants:
`' Mann Guns, 1715 Diane Court (Seeking reappointment through July 1, 2010)
'Beverly Kolz, 2206 Simpson Street (Seeking reappointment through July 1, 2010)
Gail Murphy, 3096 Oak View Court (First-time applicant)
Lorri Regan, 2659 Queen Street (First-time applicant)
=ffCllike Willis, 1365 West 5t" Street (Seeking reappointment through July 1, 2013)
,~-,
Ayes
4~_ R ,
~., ~ ,.
,_:
s~,.
t' jF
Voetberg
Craig
uol
Connors
Jones
Lynch
Resnick
tu~ys
13
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please corns to the podium and state your Warne and address when the item you wish to
speak to is being considered.
SUSPEN TH RULES
Ayes Nays
%, Voetberg
,,~ r )13raig
`~ uol
~, ~~FA~Connors ~ ;~'
'Jones
'~ Lynch
~r ResnlCk
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 Omission recommending approval.
OR®INANCE 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 ®isposition: Receive and File; motion E; Motion A ° ~° `%
,.
Suspend the Readings Final Reading and Adopt
Ayes Nays Ades Nayes
~:'~ Voetberg f .Voetberg
raig -`~ ,',raig
;~' Euol '` ' uol
`'~ Connors '~ .,,Connors
_` Jones ~°" ,, -~~ Jones
;Lynch f Lynch
Resnick ;' Resnick
14
2. Water Revenue Capital Loan Notes
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$8,000,000 Water Revenue Capital Loan Notes and City Manager recommending
approval.
RESOLUTION ~~ ~~~ Instituting proceedings to take additional action for the
authorization of a loan and disbursement agreement and the issuance of not to exceed
$8,000,000 Water Revenue Capital Loan Notes
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes Nays
Voetberg
`~_ Eraig
~` uol
.~
-' F=, Connors
;~` Jones
~~` ~ ':Lynch
,~ Resnick
3. Iowa 32 Hike / dike Trail Phase 2 Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract, and estimated cost for the Iowa 32 Hike /Bike Trail Phase 2 Project
and City Manager recommending approval.
RESOLUTION r ~~~'~~=~:~ ~ Approving plans, specifications, form of contract, and
estimated cost for the Iowa 32 Hike /Bike Trail Phase 2 Project
Suggested ®isposition: Receive and File; Adopt Resolution
Ay,~s Nays
Voetberg
-' Craig
?,~ uol
Connors
~"~ .Jones
~~~Lynch
Resnick
15
4. Trail Project at erfeld Recreation Area
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Trail Project at Bergfeld Recreation Area and
City Manager recommending approval.
~-~ t, _-
RESOLUTION <~.~~~~-F Approving plans, specifications, form of contract, and
estimated cost for the Trail Project at Bergfeld Recreation Area
Suggested ®isposition: Receive and File; Adopt Resolution
ayes Nays
k ~°' Voetberg
Braig
.. Buol
~` E: Connors
,y Jones
. ~ a, Lynch
Resnick
5. E.B. Lyons Nature Center Addition Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the E.B. Lyons Nature Center Addition Project
and City Manager recommending approval.
RESOLUTION s`` Approving plans, specifications, form of contract, and
estimated cost for the E.B. Lyons Nature Center Addition Project
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes-~ Nays
't'' `i/oetberg
~_ ~,
~; _` Braig
Buol
~` _ Connors
f *~~A~' Jones
`~ Lynch
,~ Resnick
16
6. Locust Street Resurfacing ®9t" to 17t" Stree Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Locust Street Resurfacing - 9t" to 17tH
Streets Project and City Manager recommending approval.
R SOLUTION ~~~~ °~~ Approving plans, specifications, form of contract, and
estimated cos ~, for the E.B. Lyons Nature Center Addition Project
Suggested ®isposition: Receive and File; Adopt Resolution
~-yes Nays
,~° Voetberg
~'~,*~'Braig
Buol
~ Connors
d,.
``~ _ ~,~,Jones
~`~{ ~ ~° ~ Lynch
~`~ ~ ~ Resnick
REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes Nays
Voetberg
" ~ ~'~ Eraig
'"'~ - Buol
'~,, Connors
Kf Jones
~° ,; r,;. ,Lynch
~`~~~ Resnick
17
~~f
ACTI®N IT MS
These are items where discussion is held by the City Council ®ulic cornrnents are not
allowed except as authorized by the Mayor.
1. equest to Address the City Council ®®pen Meetings
Request of June E. Strueber to address the City Council regarding the open meetings
law. t
~;~..~
Suggested Disposition: Receive and File; Council 1,~
(, }~;.
~,
Ayes gays ! t;' `~
`4,
fv. f j~:
,~~ Voetberg '4 ~~ l ~ ~ ,
~ r
,~raig ~~%~ ~~ ~ , r
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;~
.`~ ~~~r'Connors `~1
~ ~ v Jones
Lynch ~ ~ ~ ~~
°'` Resnick
~~~ ~ ~i
~~`
~, ~ ,r
2. Request to Address the City Council ®Dog Park ~"
Request of Toni Kretschmer to address the City Council regarding the dbg park.
Suggested Disposition: Receive and File; C-e~~il I
e
A~ `' f
Ayes ^®ay~ F 6 ~
,~ E
F . Voetber `° t ,,
d ' 4j,
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Craig ~~` ~'~'
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k''. :,Connors ~ ~ ~
Jones ; f ~ i
,. Lynch i ` ~,~~ k' fi
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3. ®uuque County Historical ociety
Request of Jerry Enzler, National Mississippi River Museum and Aquarium, to address
the City Council regarding a Resolution of Supporf for the Historical Society's
application to the Vision Iowa's River Enhancement Community Attraction and Tourism
Program (RECAT).
City Manager recommending approval of the Resolution of Support for the Historical
Society's application to the Vision Iowa's River Enhancement Community Attraction and
Tourism Program (RECAT).
...~
RESOLIJTI®N ~~- .~.- ,~ pf Support ,,~
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes ~~ys
'~ Voetberg
r' Craig
uol
f-~ ~~~~fConnors
,~ ~~''~ Jones
%` ,-, Lynch
,Resnick
s
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19
4.
5.
Fiscal Year 200 ®ubuque County REAP Plan
,'
.i
~`: t`
City Manager recommending approval of the City of Dubuque's update of the Fiscal
Year 2010 Dubuque County REAP Plan, submittal of the Fiscal Year 2010 REAP grant
application for installation of the Iowa 32 Bike /Hike Trail -Phase 3 Project and
appointment of a City Council representative (currently Council Member Joyce Connors)
to the REAP Committee.
Suggested ®isposition: Receive and File; Approve; Council Appointrnent
Ayes, , gays
.%~, -'Voetberg
Braig
,.~'r Buol
°` .Connors
E ~",'Jones
~`~~ ~_Lynch
1`Y Resnick
Restriction of All®Terrain Vehicles (A1°V) Use
City Manager recommending that the use of ATVs be restricted to private property of
not less than one acre in size, and only between sunrise and sunset, and only with the
written permission of the property owner if the property owner is not the owner of the
ATV. A
F ~~
®R®INANCE ~` ` _ Amending Chapter 32 (Motor Vehicles and Traffic) of the
City of Dubuque Code of Ordinances by amending Section 32.4 All-Terrain Vehicles to
prohibit use of all-terrain vehicles on property less than one acre
Suggested ®isposition: Receive and File; Motion B; Motion A
f,
Suspend the Readings
Ayes
Voetberg
Braig
uol
Connors
Jones
Lynch
Resnick
gays
Final Reading and Adopt
Ayes Nayes
Voetberg
Braig
Buol
Connors
Jones
Lynch
Resnick
20
_ f I<<.f
6. ubuque Sister City Relationship ~`~ . `F!
City Manager recommending that the City Council solicit two City Council Member
volunteers to recruit members for apublic/private partnership Sister City Committee and
then agree to serve on that committee.
Suggested ®isposition: Receive and File; Approve
Aye fr_ Nays
~' ~;%~Voetberg
,~~ ` `t Craig
A, 13uo1
`~ ~~~Connors
f Jones
.~`~ ; Lynch
~' Resnick
COUNCIL MEII~~ER REP®RTS
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.
CL®SE® SESSI®N
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2007 Code of Iowa
,:~ ,t
Motion to go into Closed Session at = , ,%
Ayes Nays
,.
Voetberg
~~` Craig
~'~ ~~~_~ ~ ~uol
~' : Connors
~s.
~~ ~ ~ ~~Jones
~, ~,,
r"" < Lynch
f Resnick
Motion to adjourn at b =~ ~'` ```~
22
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