8 3 09 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF 8/3/09
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, AUGUST 3, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Deacon Dave Brinkmoeller, Holy Spirit Pastorate
PROCLAMATIONS
United Way Campaign Time
Iowa Private College Week (August 3 – 8, 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
City Council of 7/20; Housing Commission of 6/23; Human Rights Commission of 6/8;
Investment Oversight Advisory Commission of 7/22
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Investment Oversight Advisory Commission 65 Quarterly Report
Proofs of publication of City Council Proceedings of July 6, 2009 (Special Session and
Regular Meeting) and List of Claims and Summary of Revenues for Month Ended June
30, 2009
Substance Abuse Services Center Fourth Quarter Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
James Lee Wolfe for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: James Wolfe
for vehicle damage.
Suggested Disposition: Receive and File; Concur
3. Homelessness Prevention and Rapid Re-Housing Program
City Manager recommending approval of a Homelessness Prevention and Rapid Re-
Housing Program (HPRP) grant agreement with the U.S. Department of Housing and
Urban Development (HUD) in the amount of $502,294.
RESOLUTION
Authorizing execution of a Homelessness Prevention and Rapid Re-
Housing Program grant agreement with the U.S. Department of Housing and Urban
Development
Suggested Disposition: Receive and File; Adopt Resolution
4. Office of the City Assessor
Communication from Richard A. Engelken, City Assessor, advising that four Notice of
Appeal and Petition forms have been filed with the Property Assessment Appeal Board.
Suggested Disposition: Receive and File
5. Pine Knoll Condominiums
City Manager recommending acceptance of the sanitary sewer and water main
improvements that the developer, Kane Development Corp aka Renaissance
Construction Corp., has completed in Pine Knoll Condominiums.
RESOLUTION
Accepting sanitary sewer and water main improvements in Lot 1-1-3 St.
Mary’s Place in the City of Dubuque, Iowa (also known as Pine Knoll Condominiums)
Suggested Disposition: Receive and File; Adopt Resolution
6. Dubuque Community School District
City Manager recommending acceptance of the warranty deed, the acquisition plat and
easements from the Dubuque Community School District for traffic signal improvements
on Pennsylvania Avenue.
RESOLUTION
Approving Acquisition Plat of Lot A of Lot 2 of Lot 1 of the E ½ of the SW
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¼ of Section 21, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa
RESOLUTION
Accepting a conveyance of property of Lot A of Lot 2 of Lot 1 of the E ½
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of the SW ¼ of Section 21, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque
County, Iowa
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RESOLUTION
Accepting the grant of an easement for underground electric, fiber optic
cable, traffic signals and other appurtenances through, under and across a part of Lot 1
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of Lot 1 of Lot 2 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5 P.M. in the City
of Dubuque
RESOLUTION
Accepting the grant of an easement for underground electric, fiber optic
cable, traffic signals and other appurtenances through, under and across a part of Lot 2
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of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5 P.M. in the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions
7. Kephart Building Improvements – Selective Demolition Project
City Manager recommending acceptance of the construction contract for the Kephart
Building Improvements – Selective Demolition Project.
RESOLUTION
Accepting the Kephart Building Improvements – Selective Demolition
Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
8. DuRide Contract
City Manager recommending approval of an agreement with DuRide to provide
alternative transportation to senior citizens for Fiscal Year 2010.
Suggested Disposition: Receive and File; Approve
9. Housing Enterprise Zone Agreement – Sustainable Neighborhood Builders, Inc.
City Manager recommending approval of the proposed Housing Enterprise Zone
Program Agreement by and between the Iowa Department of Economic Development
(IDED), City of Dubuque and Sustainable Neighborhood Builders, Inc. for
redevelopment of the historic millwork building located at 1079 Elm Street.
RESOLUTION
Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and
Sustainable Neighborhood Builders, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
10. Housing Enterprise Zone Agreement – 40 Main, LLC
City Manager recommending approval of the proposed Housing Enterprise Zone
Agreement by and among the Iowa Department of Economic Development (IDED), the
City of Dubuque and 40 Main, LLC related to the redevelopment of the former Higley
Chemical building on South Main Street.
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RESOLUTION
Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and 40
Main, LLC
Suggested Disposition: Receive and File; Adopt Resolution
11. Federal Emergency Management Agency (FEMA)
City Manager recommending that the City of Dubuque transmit objections to the
preliminary Digital Flood Insurance Rate Map’s proposed new flood zones, and provide
documentation to support the position that the DFIRM is not using current data on flood
mitigation.
Suggested Disposition: Receive and File; Approve
12. Quarterly Investment Report
City Manager submitting the Quarterly Investment Report for the period from April 1,
2009 through June 30, 2009.
Suggested Disposition: Receive and File
13. Housing Code Board of Appeals
Resignation of Jim (Demetris) Matheos from the Housing Code Board of Appeals.
Suggested Disposition: Receive and File; Accept Resignation
14. Procurement Card Vendor Selection
City Manager recommending approval of the selection of American Trust and Savings
Bank as the City’s procurement card vendor.
Suggested Disposition: Receive and File; Approve
15. Revised Fiscal Year 2010 Dubuque County REAP Plan
City Manager recommending approval of the Revised Fiscal Year 2010 Dubuque
County REAP Plan and grant application for installation of the Iowa 32 Bike / Hike Trail
– Phase 3 Project.
RESOLUTION
Authorizing REAP grant application to Iowa Department of Natural
Resources for Iowa 32 Bike / Hike Trail (Phase 3)
Suggested Disposition: Receive and File; Adopt Resolution
16. Step by Step – Iowa Department of Economic Development Audit
City Manager advising that the audit report from the Iowa Department of Economic
Development for the Step by Step Project gave the City high marks for program
compliance and performance.
Suggested Disposition: Receive and File
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17. H1N1 Update
City Manager submitting an update on the Novel Influenza A (H1N1) virus.
Suggested Disposition: Receive and File
18. West End Commercial Subdivision
Communication from Brian Kane, representing Tschiggfrie Excavating Company,
requesting the vacation of the recorded plat of West End Commercial Subdivision.
Suggested Disposition: Receive and File; Refer to City Manager
19. Signed Contracts
Retainer Agreement with the Ferguson Group to provide federal government affairs
consulting services.
Suggested Disposition: Receive and File
20. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of three renewal licenses to sell cigarettes to Awn
Stop Mart #2, Friendly Locust Mart and Aragon Tap
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Music n More
Promotions
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Courtside
Sports Bard and Grill, Ten Pin Tap, Shannon’s Bar and Grill, and Bammers Sport Bar
and Grill
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.
1. Eagle Point Water Plant Vacuum Filter Project
City Manager recommending initiation of the public bidding process for the Eagle Point
Water Plant Vacuum Filter Project and that a public hearing be set for August 17, 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 Eagle Point Water
Plant Vacuum Filter Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/17/09
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2. Miller Road Water Main Extension Project
City Manager recommending initiation of the public bidding process for the Miller Road
Water Main Extension Project and that a public hearing be set for August 17, 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 Miller Road Water
Main Extension Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/17/09
3. Highway 151/61 South Water Main Extension Project
City Manager recommending initiation of the public bidding process for the Highway
151/61 South Water Main Extension Project and that a public hearing be set for August
17, 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 Highway 151/61
South Water Main Extension Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/17/09
BOARDS/COMMISSIONS
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.
Housing Commission
Three 3-year term through August 17, 2012 (Terms of Culbertson, Holz and Kapler)
Applicants:
Dorothy Culbertson, 2095 University Avenue
Jim Holz, 2010 Indiana Court
David Kapler, 827 Patricia Ann Drive
Appointments to the following Boards/Commissions:
Civil Service Commission – Mayor Appointment
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
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
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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. Slattery Center Lease – Dubuque Montessori School
Proof of publication on notice of public hearing to consider leasing the Slattery Center in
Flora Park to Montessori School and City Manager recommending approval.
RESOLUTION
Disposing of an interest in real property by lease agreement with
Dubuque Montessori School, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
2. Fire Station No. 4 – Door Replacement Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost of $81,150 for the Fire Station No. 4 – Door
Replacement Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Fire Station No. 4 – Door Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
3. Garfield Retaining Wall Repair Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost of $125,637 for the Garfield Retaining Wall Repair
Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Garfield Retaining Wall Repair Project
Suggested Disposition: Receive and File; Adopt Resolution
4. Historic Shot Tower Rehabilitation Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost of $769,670 for the Historic Shot Tower
Rehabilitation Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Historic Shot Tower Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
This action limits discussion to the City Council.
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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. Every Child / Every Promise
Request of Chad M. Chandlee to address the City Council regarding the Every Child /
Every Promise organization and the Youth Master Plan that has been created.
Suggested Disposition: Receive and File
2. Kennedy Mall – Sidewalk Ordinance
Communication from James M. Shurell requesting to address the City Council regarding
the City’s sidewalk ordinance.
Suggested Disposition: Receive and File; Council
3. Request to Address the City Council
Request of Sgt. Lee Harlow Andre to address the City Council regarding several issues.
Suggested Disposition: Receive and File; Council
4. Demolition by Neglect in Historic and Conservation Districts
Historic Preservation Commission recommending adoption of amendments to Chapters
25-7 and 11-4 of the Code of Ordinances regarding demolition by neglect in historic and
conservation districts.
ORDINANCE
Amending Chapter 11 of the City of Dubuque Code of Ordinances
Building Regulations by amending Section 11-4 Demolition Permits in Conservation
Districts to prohibit demolition by neglect
ORDINANCE
Amending Chapter 25 of the City of Dubuque Code of Ordinances
Historic Preservation by amending Section 25-7(B) Demolition by Neglect Prohibited
Suggested Disposition: Receive and File; Motion B; Motion A
5. Restriction of All-Terrain Vehicles (ATV) Use
City Manager recommending approval of amendments to the City’s provisions on the
use of all-terrain vehicles (ATVs).
Communication from Jack Nachtman, Manager of Mt. Calvary cemetery Association,
urging passage of the ordinance.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Section 32-321.1
Definitions by amending the definition of all-terrain vehicle and amending Section 32-
321.234Aa All-Terrain Vehicles Establishing Regulations for All-Terrain Vehicles on
Public Roadways, Private Property, and Right-of-Way, Enumerating Exceptions for
Wheelchairs, Permitted Events, Emergency Rescue Operations, and Establishing the
Penalty for Violation Thereof
Suggested Disposition: Receive and File; Motion B; Motion A
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6. Amendment to Development Agreement – 40 Main, LLC
City Manager recommending approval of the second amendment to the Development
Agreement with 40 Main, LLC.
RESOLUTION
Approving the Second Amendment to the 40 Main, LLC Development
Agreement
Suggested Disposition: Receive and File; Adopt Resolution
7. Residential Parking Permit Districts
City Manager recommending approval of a change in the Code of Ordinances regarding
the Residential Parking Permit Program to accommodate non-dwelling units (i.e.,
businesses) within a Residential Parking Permit District.
ORDINANCE
Amending City of Dubuque Code of Ordinances Chapter 32 Motor
Vehicles and Traffic, Article VIII Stopping, Standing and Parking, Division VII
Residential Parking Permit Program, Section 32-321.725 Issuance of Residential
Parking Permit authorizing the City Manager to Issue permits for non-residential
property
Suggested Disposition: Receive and File; Motion B; Motion A
8. U.S. Department of Commerce – Economic Development Administration
Communication from Dennis Alvord, Economic Development Administration, advising
that the City of Dubuque is the winner of the EDA Excellence in Economic Development
Awards 2009 in the category of Excellence in Historic Preservation-Led Strategies.
Suggested Disposition: Receive and File
9. July 3 Fireworks Display
City Manager recommending that the request of the Dubuque Jaycees, KDTH, KGRR
and the River to conduct a fireworks display on July 3, 2010 and right of first refusal on
the dates in future years be approved subject to the annual submittal and approval of a
City of Dubuque Special Event Permit.
Suggested Disposition: Receive and File; Approve
10. 2009 – 2010 Deer Management Plan
City Manager recommending approval of the 2009 – 2010 Urban Deer Management
Program.
Suggested Disposition: Receive and File; Approve
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11. Iowa 32 Hike / Bike Trail Phase 2 Project
City Manager recommending award of the public improvement contract for the Iowa 32
Hike / Bike Trail Phase 2 Project to Connolly Construction in the amount of
$187,248.00.
RESOLUTION
Awarding contract for the Iowa 32 Hike / Bike Trail Phase 2 Project
Suggested Disposition: Receive and File; Adopt Resolution
12. Trail Project at Bergfeld Recreation Area
City Manager recommending award of the public improvement contract for the Trail
Project at Bergfeld Recreation Area to Drew Cook and Sons in the amount of
$392,087.70.
RESOLUTION
Awarding contract for the Trail Project at Bergfeld Recreation Area
Suggested Disposition: Receive and File; Adopt Resolution
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13. Locust Street Resurfacing – 9 to 17 Streets Project
City Manager recommending award of the contract for the Locust Street Resurfacing –
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9 to 17 Streets Project to Tschiggfrie Excavating Company in the amount of
$540,420.12, subject to Iowa Department of Transportation approval.
RESOLUTION
Awarding public improvement contract for the Locust Street Resurfacing
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– 9 to 17 Streets Project
Suggested Disposition: Receive and File; Adopt Resolution
14. National League of Cities Institute for Youth, Education and Families
The National League of Cities Institute for Youth, Education and Families with support
from the Charles Stewart Mott Foundation has selected Dubuque as one of the first
twelve cities to participate in a learning community for municipal leaders seeking to re-
engage disconnected youth and the City Manager is requesting one or two City Council
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volunteers to participate in a national summit on October 11 – 13 in Boston,
Massachusetts.
Suggested Disposition: Receive and File; Council
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.
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CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa
Jeanne F. Schneider
July 30, 2009
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