10 19 09 City Council Agenda No Icons
ROLL CALL ORDER
FOR MEETING OF
10/19/09
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, OCTOBER 19, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Randy Sirk, Temple Beth El
PROCLAMATIONS
Dubuque Weatherization Challenge Day (October 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
City Council of 10/5; Civil Service Commission of 10/14; Human Rights Commission of
9/14; Plumbing Board of 10/1; Zoning Advisory Commission of 10/7; Zoning Board of
Adjustment of 9/24
Proofs of publication of City Council Proceedings of September 21 and 23, 2009 and
List of Claims and Summary of Revenues for Month Ended August 31, 2009
Library Board of Trustees Update from Meeting of September 24, 2009
Substance Abuse Services Center First Quarter Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Opalus Salon and Spa for loss of revenue; Chelsea Deines 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: Chelsea Deines
for vehicle damage
City Attorney recommending settlement of the claim of Opalus Salon for loss of
revenue.
Suggested Disposition: Receive and File; Concur
3. Green Alley Project
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City Manager recommending acceptance of the Green Alley Pilot Project (11 – 13
between White and Jackson Streets), as completed by Portzen Construction, in the final
contract amount of $199,966.88.
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RESOLUTION
Accepting the Green Alley Pilot Project (11 – 13 between White and
Jackson Streets) and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
4. Eagle Point Park Trolley Line Trail Project
City Manager recommending acceptance of the Eagle Point Park Trolley Line Trail
Project as completed by Portzen Construction in the final contract amount of
$203,708.91.
RESOLUTION
Accepting the Eagle Point Park Trolley Line Trail Project and authorizing
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
5. I-Jobs Affordable Housing Assistance Grant Application
City Manager recommending approval of an I-Jobs Affordable Housing Assistance
Grant Application to the Iowa Finance Authority on behalf of Gronen Restoration to be
used for the redevelopment of the former Caradco building mixed-use project.
RESOLUTION
Approving I-Jobs Affordable Housing Assistance Grant Application to the
Iowa Finance Authority on behalf of Gronen Restoration
Suggested Disposition: Receive and File; Adopt Resolution
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6. Housing Enterprise Zone Program Agreement – St. Raphael School Project
City Manager recommending approval of an amendment to the Housing Enterprise
Zone Program Agreement to reflect a change in developers of the St. Raphael School
Project to B & C Cathedral Development.
RESOLUTION
Approving an amendment to a Housing Enterprise Zone Program
Agreement by and among the Iowa Department of Economic Development, the City of
Dubuque and Lofts at Cathedral Square
Suggested Disposition: Receive and File; Adopt Resolution
7. Final Plat – Bonson and Stewart’s Subdivision Lot “H”
Zoning Advisory Commission recommending approval of the final plat of Bonson and
Stewart’s Subdivision Lot “H”.
RESOLUTION
Approving Bonson and Stewart’s Subdivision Lot “H” in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
8. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and storm water collection accounts to the Dubuque County Treasurer.
RESOLUTION
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 Disposition: Receive and File; Adopt Resolution
9. General Obligation Bonds – Series 2009A
City Manager recommending approval of suggested proceedings to complete the action
required for the issuance of not to exceed $2,935,000 General Obligation Bonds –
Series 2009A.
RESOLUTION
Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as paying agent, bond registrar, and transfer agent, approving the paying agent
and bond registrar and transfer agent agreement and authorizing the execution of the
agreement
RESOLUTION
Authorizing and providing for the issuance of $2,935,000 General
Obligation Bonds, Series 2009A and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
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10. General Obligation Urban Renewal Bonds – Series 2009B
City Manager recommending approval of suggested proceedings to complete the action
required for the issuance of not to exceed $11,175,000 General Obligation Urban
Renewal Bonds – Series 2009B.
RESOLUTION
Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as paying agent, bond registrar, and transfer agent, approving the paying agent
and bond registrar and transfer agent agreement and authorizing the execution of the
agreement
RESOLUTION
Authorizing and providing for the issuance of $11,175,000 General
Obligation Urban Renewal Bonds, Series 2009B and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
11. General Obligation Refunding Bonds – Series 2009C
City Manager recommending approval of suggested proceedings to complete the action
required for the issuance of not to exceed $8,885,000 General Obligation Refunding
Bonds – Series 2009C.
RESOLUTION
Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as paying agent, bond registrar, and transfer agent, approving the paying agent
and bond registrar and transfer agent agreement and authorizing the execution of the
agreement
RESOLUTION
Authorizing and providing for the issuance of $8,885,000 General
Obligation Refunding Bonds – Series 2009C and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
12. Purchase of Property – 1925 Washington Street
City Manager recommending approval of the purchase of a foreclosed home located at
1925 Washington Street.
RESOLUTION
Approving the acquisition of real estate located at 1925 Washington
Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
13. Cell Phone Recommendation
City Manager recommending approval of the selection of US Cellular / ComElec to
provide cellular handsets and services for a 24-month term.
Suggested Disposition: Receive and File; Approve
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14. Project HOPE
Communication from Alyssa Hauser, Project HOPE Coordinator, advising that the
Diversity in the Workplace Committee and Project HOPE have created a Disability
Mentoring Day.
Suggested Disposition: Receive and File
15. Human Rights Commission
Shane J. Oswald submitting his resignation from the Human Rights Commission.
Suggested Disposition: Receive and File; Accept Resignation
16. Neighborhood Stabilization Program
City Manager recommending approval of the Residential Antidisplacement and
Relocation Assistance Plan and the Policy on Prohibition of Use of Excessive Force,
according to the requirements of the Neighborhood Stabilization Program (NSP).
RESOLUTION
Policy on the prohibition of the use of excessive force
Suggested Disposition: Receive and File; Adopt Resolution
17. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Police Officer.
Suggested Disposition: Receive and File; Make a Matter of Record
18. Signed Contracts
Award of the contract for the Thomas Place Guardrail and Curb and Gutter Installation
Project.
Floodwall Levee Slope Stabilization Project Change Order
Suggested Disposition: Receive and File
19. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Friendlylocust Mart
and Big 10 Mart Car Wash
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Europa
Haus Restaurant and Bierstub, Jumpers Sports Bar and Grill, Rainbow Lounge,
Channel Inn Restaurant, Fiesta Cancun Restaurant and The Bank Bar and Grille; and a
Class “WBN” Native Wine to Dubuque Area Chamber of Commerce
Suggested Disposition: Receive and File; Adopt Resolutions
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ITEM TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Historic Shot Tower Rehabilitation Project – Phase I
City Manager recommending initiation of the bidding process for the Historic Shot Tower
Rehabilitation Project – Phase I and that a public hearing be set for November 2, 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 Historic Shot Tower
Rehabilitation Project – Phase I
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/2/09
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 – 1800 Manson Road
Proof of publication on notice of public hearing to consider a request from Marty
McNamer to rezone property located at 1800 Manson Road from AG Agricultural District
to R-1 Single-Family 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 at 1800
Manson Road from AG Agricultural District to R-1 Single-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request to Rezone – Radford Road and Westmark Drive
Proof of publication on notice of public hearing to consider a request from Tom Kelzer /
GTW Pennsylvania LLC to rezone property located at the southeast corner of Radford
Road and Westmark Drive from C-2 Neighborhood Shopping Center District to a PUD
Planned Unit Development District with a PR Planned Residential District designation
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 at the
southeast corner of Radford Road and Westmark Drive from C-2 Neighborhood
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Shopping Center 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
3. Request to Rezone – Corner of Bluff Street and Fifth Street
Proof of publication on notice of public hearing to consider a request from the City of
Dubuque to rezone property located at the northwest corner of Bluff Street and Fifth
Street from OR Office/High Density Multi-Family Residential District to C-4 Downtown
Commercial 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 the
northwest corner of Bluff Street and Fifth Street from OR Office/High Density Multi-
Family Residential District to C-4 Downtown Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
4. MYLA Company, LLC
Proof of publication on notice of public hearing to consider a proposed lease between
MYLA Company, LLC for the placement of a sign for the businesses in the new building
at 3338 Center Grove Drive and City Manager recommending approval.
RESOLUTION
Disposing of an interest in public right-of-way owned by the City of
Dubuque by lease between the City of Dubuque, Iowa and MYLA Company, LLC
Suggested Disposition: Receive and File; Adopt Resolution
5. Blanche Avenue – Request to Vacate
Proof of publication on notice of public hearing to consider a request from David W.
Leifker Law Offices, representing Raymond E. Tarkett, for the vacating and disposal of
an alley adjacent to 765 Blanche Avenue and City Manager recommending approval.
RESOLUTION
Vacating Lot 112-A in Maple Leaf Addition in the City of Dubuque,
Dubuque County, Iowa
RESOLUTION
Disposing of City interest in Lot 112-A in Maple Leaf Addition in the City
of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
6. North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project
– Phase III
Proof of publication on notice of public hearing to consider the plans and specs, form of
contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary
Sewer Reconstruction Project – Phase III and City Manager recommending approval.
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RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project –
Phase III
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 Area Chamber of Commerce Convention and Visitors Bureau
Request of Keith Rahe, Director of the Convention and Visitors Bureau, to provide a
quarterly update.
Suggested Disposition: Receive and File
2. Millstone Drive
City Manager recommending that Westside Arterial Development, LLC be notified that if
they have not submitted a rezoning request by November 2, 2009, for the property
where the temporary Millstone Drive cul-de-sac is to be built, that they be ordered to
install the temporary cul-de-sac prior to winter.
Suggested Disposition: Receive and File; Approve
3. Unified Development Code (Second Reading on October 5, 2009)
Zoning Advisory Commission recommending adoption of Option #4 for the Unified
Development Code Section 11-9 – Recreational Open Space.
City Manager transmitting the Unified Development Code for the third reading and
recommending amendments to the Unified Development Code (UDC) for consideration
by the City Council.
ORDINANCE
Establishing the Unified Development Code for the City of Dubuque, Iowa
and providing for the administration, enforcement and amendment thereof 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 A
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4. RTA Shuttle Service to NICC
City Manager recommending consideration of a partnership with RTA and to assist with
funding the NICC shuttle service at a reduced service level for the remainder of the
2009-2010 school year, at a cost of up to $12,000 in City funds to equally split the net
cost of the reduced shuttle service with the RTA.
Suggested Disposition: Receive and File; Approve
5. 2009 Sewer Cured-in-Place Pipe Lining Project
City Manager recommending award of the contract for the 2009 Sewer Cured-in-Place
Pipe Lining Project to Visu-Sewer, Inc., in the amount of $134,861.25.
RESOLUTION
Awarding public improvement contract for the 2009 Sewer Cured-in-
Place Pipe Lining Project
Suggested Disposition: Receive and File; Adopt Resolution
6. Salt Dome Conveyer Project
City Manager recommending award of the contract for the Salt Dome Conveyer Project
to Conlon Construction in the amount of $128,400.
RESOLUTION
Awarding public improvement contract for the Salt Dome Conveyor
Project
Suggested Disposition: Receive and File; Adopt Resolution
7. Mississippi River Partnership
City Manager recommending that Mayor Roy Buol solicit citizen interest to be
considered for an appointment as the City representative to the Mississippi River
Partnership Council or appoint a member of the City Council.
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
October 15, 2009
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