9 21 09 City Council Agenda_No Icons
ROLL CALL ORDER
FOR MEETING OF
9/21/09
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, SEPTEMBER 21, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Sister Beth Driscoll, Sisters of the Presentation, Leadership Team
PROCLAMATIONS
Constitution Week (September 17 – 23, 2009)
Day of Peace (September 21, 2009)
Arts and Humanities Month (October, 2009)
Crop Walk Day in Dubuque (October 4, 2009)
Week without Violence (October 18 – 24, 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 Community Teleprogramming Commission of 8/4; Cable TV Regulatory
Commission of 3/11; City Council of 9/8; Civil Service Commission of 9/1; Community
Development Advisory Commission of 8/12; Environmental Stewardship Advisory
Commission of 9/1; Historic Preservation Commission of 8/20; Human Rights
Commission of 7/13; Transit Board of 8/13; Zoning Advisory Commission of 9/2; Library
Board of Trustees Update from Meeting of August 27, 2009
Proofs of publication of City Council Proceedings of August 17, 25 and 26, 2009 and
List of Claims and Summary of Revenues for Month Ended July 31, 2009
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Progressive Classic Insurance Company a/s/o Paul Olson for vehicle damage; Accident
Fund Insurance Company a/s/o Barbara Frondsen for personal injury; Joe Frederick 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: Jennifer
Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for
vehicle damage
Suggested Disposition: Receive and File; Concur
3. Historic Preservation Commission
Communication from Eli Licht submitting his resignation from the Historic Preservation
Commission.
Suggested Disposition: Receive and File; Accept Resignation
4. Greyhound Park Road and Admiral Sheehy Drive – Plats
City Manager recommending approval of the plats of Greyhound Park Road and
Admiral Sheehy Drive.
RESOLUTION
Approving plat of Lot A in the southwest quarter of Fractional Section 17,
th
Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County,
Iowa
RESOLUTION
Approving plat of Lot A in the northeast quarter of Fractional Section 19,
th
Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County,
Iowa
RESOLUTION
Approving plat of Lot A in the southeast quarter of Fractional Section 18,
th
Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
5. State Energy Program Application
City Manager recommending support of the State Energy Program Application
submitted to the Iowa Office of Energy Independence for the Multi-Cultural Family
Center.
Suggested Disposition: Receive and File; Approve
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6. Fiscal Year 2009 Annual Plan Amendments #6 and #7
City Manager recommending approval of amendments to the Fiscal Year 2009 Action
Plan to reallocate funding for the Community Development Block Grant Recovery
(CDBG-R) funds, Community Development Block Grant (CDBG) and Homelessness
Prevention and Rapid Re-Housing Program(HPRP).
RESOLUTION
Approving the Fiscal Year 2009 Annual Action Plan Amendment #6 and
#7 for the Community Development Block Grant Recovery, Community Development
Block Grant and Homelessness Prevention and Rapid Re-Housing Program funds
Suggested Disposition: Receive and File; Adopt Resolution
7. Homelessness Prevention and Rapid Re-Housing Program (HPRP) Agreement
with Project Concern
City Manager recommending approval of an agreement with Project Concern, Inc. for the
Homelessness Prevention and Rapid Re-Housing Program in the amount of $502,294.
RESOLUTION
Authorizing execution of an agreement with Project Concern, Inc. for the
Homelessness Prevention and Rapid Re-Housing Program (HPRP)
Suggested Disposition: Receive and File; Adopt Resolution
8. Consolidated Annual Performance and Evaluation Report (CAPER)
City Manager recommending approval of the Consolidated Annual Performance and
Evaluation Report (CAPER) for the period of July 1, 2008 through June 30, 2009, which
is required by the regulations governing the Community Development Block Grant
(CDBG) Program.
RESOLUTION
Authorizing the submission of a Consolidated Annual Performance and
Evaluation Report (CAPER) for the period commencing July 1, 2008 and concluding
June 30, 2009
Suggested Disposition: Receive and File; Adopt Resolution
9. Fiscal Year 2009 Street Finance Report
City Manager recommending approval of the City of Dubuque’s Fiscal Year 2009 Street
Finance Report for submittal to the Iowa Department of Transportation.
RESOLUTION
Approving the City of Dubuque Fiscal Year 2009 Street Finance Report
Suggested Disposition: Receive and File; Adopt Resolution
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10. PEG Capital Grant Expenditure
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 to the City of Dubuque for $3,874.79
to run audio and video cables to enable live and recorded telecasts from the historic
section of the Carnegie-Stout Public Library
.
Suggested Disposition: Receive and File; Approve
11. Rebuild Iowa Office (RIO) Smart Growth Green Paper
City Manager recommending approval of a City of Dubuque position statement on the
Rebuild Iowa Office Smart Growth Green Paper, entitled: Recovering from the Storms,
Planning for the Future: A Safer, Smarter, Stronger Iowa.
Suggested Disposition: Receive and File; Approve
12. Historic Millwork District (HMD) Bike and Pedestrian Facilities
City Manager recommending approval of the submission of a Statewide Transportation
Enhancements Grant Application and a Federal Recreational Trails Grant Application
for the Historic Millwork District Bike and Pedestrian Facilities.
RESOLUTION
Approving submittal of a Statewide Enhancement Grant Application to
the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian
Facilities Project
RESOLUTION
Approving submittal of a Federal Recreational Trails Grant Application to
the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian
Facilities Project
Suggested Disposition: Receive and File; Adopt Resolution
13. Plat of Survey – Bonson and Stewart’s Subdivision
Zoning Advisory Commission recommending approval of the Plat of Survey of Lot E in
the Bonson and Stewart’s Subdivision.
RESOLUTION
Approving a plat of survey of Bonson and Stewart’s Subdivision Lot E in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
14. Office of the City Assessor
Communication from Richard A. Engelken, City Assessor, advising that the Board of
Review has five appeals before the Property Assessment Appeal Board in Des Moines
and three appeals before the Iowa District Court.
Suggested Disposition: Receive and File
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15. Request to Purchase City Property
Communication from David W. Leifker, representing Raymond E. Tarkett, requesting to
purchase a portion of the City alley which bisects his property.
Suggested Disposition: Receive and File; Refer to City Manager
16. Housing Trust Fund Grant Application
City Manager recommending approval of the submission of a Housing Trust Fund Grant
Application to the Iowa Finance Authority in the amount of $157,250 for continued
support of homeownership activities in the Washington Neighborhood.
RESOLUTION
Approving commitment of matching funds for an application to the Iowa
Finance Authority (IFA) for State Housing Trust Funds
Suggested Disposition: Receive and File; Adopt Resolution
17. Certificate of Completion – Malay Holdings, LLC – Vanguard
City Manager recommending approval of the issuance of a Certificate of Completion for
Malay Holdings, 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
18. Iowa Clean Air Attainment Program (ICAP) Application
City Manager recommending approval of the submission of a $500,000 Department of
Transportation ICAP grant application for the purchase of one Medium Duty Hybrid bus
and the creation of a bus route that serves the area around the hospitals and medical
centers.
RESOLUTION
Authorizing an application for funding from the Iowa Clean Air
Attainment Program for the purchase of one Medium Duty Hybrid bus and the creation
of a bus route that serves the area around the hospitals and medical centers
Suggested Disposition: Receive and File; Adopt Resolution
19. Transmittal of GIS Data to FEMA Regarding DFIRM
City Manager recommending approval of the submission of a letter to FEMA requesting
revision of the proposed boundary delineations on the preliminary DFIRM based on the
GIS shape file prepared by HDR.
Suggested Disposition: Receive and File; Approve
20. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of one new permit to sell cigarettes and cigarette
papers
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RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Happy Joe’s and a
Class “C” Beer Permit to Phillips 66/Arby’s and Hy-Vee Gas #2
RESOLUTION
Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to
Hilton Garden Inn; Class “C” Beer/Liquor License to Angie’s Bar, A & B Tap, Happy’s
Place, The Grand Tap, Fat Tuesday’s, Loras College, Red Robin Burgers and Grand
River Center; and a Class “WBN” Native Wine Permit to Gotta Have It
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. Dubuque Ice and Recreation Center, Inc. (DICE) – Development Agreement and
Lease Agreement
City Manager recommending that a public hearing be set for October 5, 2009 to
consider a Development Agreement between the City of Dubuque, Dubuque Ice and
Recreation Center, Inc., Dubuque Racing Association, Ltd., and Battlefield Dubuque,
LLC and a Lease Agreement between the City of Dubuque and Dubuque Ice and
Recreation Center, Inc.
City Manager recommending approval of an amendment to the SMG Management
Agreement for the Five Flags Center which would allow them to compete for the same
type of events that can be held at the Grand River Center.
RESOLUTION
Of intent to dispose of an interest in real property by Development
Agreement between and among Dubuque Ice and Recreation Center, Inc., Dubuque
Racing Association, and Battlefield Dubuque, LLC and Lease Agreement with Dubuque
Community Ice and Recreation Center, Inc.
RESOLUTION
Approving the Second Amendment to the Management Agreement
between the City of Dubuque, Iowa and SMG
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/5/09
2. McEvoy Street – Alley Vacate
City Manager recommending that a public hearing be set for October 5, 2009 to
consider a request from Laura Skelton for the vacation and disposal of an alley adjacent
to 35 McEvoy Street.
RESOLUTION
Of intent to vacate and dispose of City interest in Lot B and Lot I of
Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/5/09
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3. 2009 Cured-in-Place (CIPP) Lining Project
City Manager recommending that the bid received for the 2009 Cured-in-Place (CIPP)
Lining Project be rejected and to re-initiate the public bidding procedure and setting a
public hearing for October 5, 2009.
RESOLUTION
Rejecting bids for the 2009 Cured-in-Place Lining Project
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 2009 Sewer Cured-
in-Place Pipe (CIPP) Lining Project
Suggested Disposition: Receive and File; Adopt Resolutions
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.
Historic Preservation Commission
One 3-year term through July 1, 2011 – Langworthy Historic District (Interim Term of Licht)
Applicant:
rd
David Klavitter, 1090 West 3 Street - Qualifies for Langworthy Resident Commissioner
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Commission
One 3-year term through October 1, 2012 (Term of Gayle (Gross) Walter)
Applicant:
Gayle (Gross) Walter, 1650 Alicia 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. 2494 Pearl Street – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Tim
McDonald to rezone property located at 2494 Pearl Street from R-1 Single-Family
Residential District to R-2 Two-Family Residential District and Zoning Advisory
Commission recommending denial.
ORDINANCE
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 2494
Pearl Street from R-1 Single-Family District to R-2 Two-Family District
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Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority
Vote Necessary to Approve)
2. 400 Block of Lincoln Avenue – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Michelle
Mihalakis to rezone property located in the 400 block of Lincoln Avenue (Parcel #10-24-
211-011) from R-2A Alternate Two-Family Residential District to OR Office Residential
District 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 in the 400
block of Lincoln Avenue from R-2A Alternate Two-Family Residential District to OR
Office Residential zoning district
Suggested Disposition: Receive and File; Motion B; Motion A
3. Unified Development Code
Proof of publication on notice of public hearing to consider adoption of the Unified
Development Code – Articles 1 through 15 and Zoning Advisory Commission
recommending approval.
ORDINANCE
Establishing Title 16, Unified Development Code for the City of Dubuque,
Iowa, in accordance with the provisions of the Code of Iowa and for the repeal of all
ordinances in conflict herewith
Suggested Disposition: Receive and File; Motion B; Motion A
4. 40 Main, LLC
Proof of publication on notice of public hearing to consider the vacating of a portion of
Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main
Street and City Manager recommending approval.
Proof of publication on notice of public hearing to consider disposition of real estate by
Real Estate Contract with 40 Main, LLC and City Manager recommending approval.
RESOLUTION
Vacating Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half
of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s
Addition in the City of Dubuque, Dubuque County, Iowa
RESOLUTION
Disposing of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of
17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in
Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
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5. West End Commercial Subdivision
Proof of publication on notice of public hearing to consider a request from Tschiggfrie
Excavating Company to vacate and dispose of the final plat of West End Commercial
Subdivision and City Manager recommending approval.
RESOLUTION
Vacating the final plat of West End Commercial Subdivision
RESOLUTION
Disposing of City interest in Lot A and Lot B in West End Commercial
Subdivision in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
6. Fiscal Year 2010 First Budget Amendment
Proof of publication on notice of public hearing to consider the first amendment to the
Fiscal Year 2010 budget and City Manager recommending approval.
RESOLUTION
Approving Amendment No. 1 to the Fiscal Year 2010 budget for the City
of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
7. General Obligation Bonds
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$3,000,000 General Obligation Bonds to be used for various projects and City Manager
recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $3,000,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution
8. General Obligation Urban Renewal Bonds
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$13,500,000 General Obligation Urban Renewal Bonds for costs associated with the
construction of a multi-story public parking ramp located at 5th and Bluff Streets, and
the construction of street, sewer, sidewalk, trail and other public infrastructure
improvements within Dubuque Industrial Center West and City Manager recommending
approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $13,500,000 General Obligation Urban Renewal Bonds
Suggested Disposition: Receive and File; Adopt Resolution
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9. General Obligation Refunding Bonds
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$9,500,000 General Obligation Refunding Bonds to pay costs of refunding and
refinancing of certain City indebtedness and City Manager recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $9,500,000 General Obligation Refunding Bonds
Suggested Disposition: Receive and File; Adopt Resolution
10. Port of Dubuque Parking Ramp Concrete Crack Repair Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Port of Dubuque Parking Ramp Concrete
Crack Repair Project and City Manager recommending approval and award of the
contract to Ram Construction Services of Minnesota LLC., in the amount of
.
$213,900.00
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Port of Dubuque Parking ramp Concrete Crack Repair Project
RESOLUTION
Awarding public improvement contract for the Port of Dubuque Parking
ramp Concrete Crack Repair Project
Suggested Disposition: Receive and File; Adopt Resolutions
11. Heeb Street Retaining Wall Reconstruction Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Heeb Street Retaining Wall Reconstruction
Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Heeb Street Retaining Wall Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
thth
12. Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the for the Traffic Signal Mastarm Retrofit –
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Central Avenue at 5 and 7 Streets Project and City Manager recommending
approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
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the Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project
Suggested Disposition: Receive and File; Adopt Resolution
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13. Salt Dome Conveyor Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Salt Dome Conveyor Project and City
Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Salt Dome Conveyor 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. Pet Park
City Manager submitting the Park and Recreation Commission’s recommendation on
resolution of the Pet Park issue and requesting City Council direction.
Communications from Leora Bemboom, John Lau and Roger Ruden (with CD)
regarding the dog park issue.
Communication from Toni Kretschmer requesting that Nancy Stecklein be allowed to
address the City Council regarding the dog park issue.
Suggested Disposition: Receive and File; Council Direction
2. Advertisement for Sale of Bonds
City Manager recommending approval of the advertisement for the sale Bond Series
2009A, 2009B and 2009C, approval of the electronic bidding procedures and the form
of notice of sale, and authorize a preliminary official statement to be completed and
distributed in connection with the offering of the bonds for sale..
RESOLUTION
Directing the advertisement for sale of $2,935,000 General Obligation
Bonds, Series 2009A, $11,175,000 General Obligation Urban Renewal Bonds, Series
2009B and $9,500,000 General Obligation Refunding Bonds, Series 2009C, and
approving electronic bidding procedures
Suggested Disposition: Receive and File; Adopt Resolution
3. Bicycle Ordinance Provisions
City Manager recommending approval of an ordinance related to the regulation of
bicycles which was inadvertently left out of the most recent Code of Ordinance update
from Sterling Codifier.
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ORDINANCE
Amending the City of Dubuque Code of Ordinances by adopting Article 7,
Chapter 7 related to the registration, rules, and regulations for operation of bicycles
within the City of Dubuque
Suggested Disposition: Receive and File; Motion B; Motion A
4. National League of Cities
Communication from the National League of Cities requesting the designation of a
voting delegate and alternate for the upcoming NLC Conference.
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.
Jeanne F. Schneider
September 17, 2009
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