10 19 09 Clerk's Skeleton NotesMayor 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.
PLE®GE ® ALLEGIANCE
INV®CATI®N: Randy dirk, Temple Eeth EI
PR®CLANIATI®N: ®ubugtae VVeatherization Challenge ®ay (October 24, 2009)
CNSENTITE S
1. Minutes and Repo 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 ®isposition: Receive and File
2. Notice of Claims/Suits
Opalus Salon and Spa for loss of revenue; Chelsea Reines for vehicle damage
Suggested ®isposition: 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 Reines
for vehicle damage
City Attorney recommending settlement of the claim of Opalus Salon for loss of
revenue.
Suggested ®isposition: Receive and File; Concur
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3. reen Alley Project
City Manager recommending acceptance of the Green Alley Pilot Project (11t" - 13t"
between White and Jackson Streets), as completed by Portzen Construction, in the final
contract amount of $199,966.88.
RESOLUTION '~~ ` Accepting the Green Alley Pilot Project (11t" - 13t" between
White and Jackson Streets) and authorizing payment of the contract amount to the
contractor
Suggested ®isposition: 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 ®isposition: 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 '~f'~-~`~ Approving I-Jobs Affordable Housing Assistance Grant
Application to the Iowa Finance Authority on behalf of Gronen Restoration
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Craig
~uol
3
7.
~.
Housing Enterprise Zone Program Agreement - t. 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 ®isposition: Receive and File; Adopt Resolution
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".
RES®LUTI®N `f;'fi`;f
the City of Dubuque, Iowa
Approving Bonson and Stewart's Subdivision Lot "H" in
Suggested ®isposition: Receive and File; Adopt Resolution
®elinquent V1later, Sewer, Refuse and Storm Vilater 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 F 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
Ayes
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Nays
4
9. eneral Obligation onds -Series 009A
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
R SOLUTION P~~-;'er'~ Authorizing and providing for the issuance of $2,935,000
General Obligation Bonds, Series 2009A and levying a tax to pay said bonds
Suggested ®isposition: Receive and File; Adopt Resolutions
10. General Obligation Urban Renewal onds -Series 20096
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 20096.
RESOLUTION ~'~L',s ,. 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 r,~~ ~'- ~' Authorizing and providing for the issuance of $11,175,000
General Obligation Urban Renewal Bonds, Series 20096 and levying a tax to pay said
bonds
Suggested ®isposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
uol
5
11. General ®liation Refunding ons ®Series 200.90
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 20090.
RES®LUTI®N ~~"f'a~` 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
RES®LUTI®N .frff` r~'~ Authorizing and providing for the issuance of $8,885,000
General Obligation Refunding Bonds -Series 20090 and levying a tax to pay said
bonds
Suggested ®isposition: 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.
RES®LUTI®N y ~r `~~ Approving the acquisition of real estate located at 1925
Washington Street in the City of Dubuque
Suggested ®isposition: 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 fora 24-month term.
Suggested ®isposition: Receive and File; Approve
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14. Project HPE
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 ®isposition: Receive and File
15. Human Rights Commission
Shane J. Oswald submitting his resignation from the Human Rights Commission.
Suggested ®isposition: 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).
RES®LU1'I®N %~~~-'~ Policy on the prohibition of the use of excessive force
Suggested ®isposition: Receive and File; Adopt Resolution
17. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Police Officer.
Suggested ®isposition: Receive and File; il~ake a Fatter of Record
1~. 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 ®isposition: Receive and File ;
Ayes
~' ,Connors
~~'~ ~`,~Jones
~'~ Lynch
Resnick
,~~ Voetberg
,, , ,,f Rraig
i3uol
gays
7
1 Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
f ..~_
RESLIJTI®IV `~~~.~'` ~` Granting the issuance of a Class "C" Beer Permit to
Friendlylocust Mart and Big 10 Mart Car Wash
RES®LIJTI®iV ``-~~~`~_'`~ 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 ®isposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
uol
8
IT MST E SET F®R PU LIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Historic Shot Tower ehabilitation 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.
RES®LUTI®N `l`~ ~_~ 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 ®isposition: Receive and File; Adopt Resolution; Public Hearing
11 /2/09
a4yes Nays
-°`~ Connors
,~ Jones
~~ ~ ~ L nch
~~ ~~~,Resnick
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~~' ~" =' Braig
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PU LIC HEARItVS
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® THE RULES
Ayes gays
~f``. Connors
d ~~ Jones
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>'" Resnick
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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.
®R®INAIVCE z-~~F ~ 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 ®isposition: Receive and File; Motion i3; Motion A
Suspend the Readings
Ayes ~`P%
,- ;°Connors
Jones
~`~~~ Lynch
- ' Resnick
` Voetberg
raig
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Final Reading and Adopt
Nays Ayes Nayes
Connors
Jones
{`~' Lynch
Resnick
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2. equest to Rezone ® adfor Road and estrriark rive
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.
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®R®IfVANCE ~='~ ~ 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
Shopping Center 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; I~iotion ; Motion A e
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3. equest 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.
®R®INANCE ..':3~ 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 ®isposition: Receive and File; IVlotion B; Motion ~-
Suspend the Readings Final Reading and Adopt
Ayes , ~ Nays Ayes Nayes
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~~'~Voetberg ;' ~~ ~~Voetberg
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. 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 ®isposition: eceive and File; Adopt Resolution
ayes € Nays
~;~~~ Connors
,' Jones
,~ ~A ~ Lynch
~_ ° Resnick
Voetberg
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131anche 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
R SOLUTION ~~~ ~t%'~~ Disposing of City interest in Lot 112-A in Maple Leaf
Addition in the City of Dubuque, Dubuque County, Iowa
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes, Nays
~,,~; Connors
,rs',~ Jones
'` ,, ~ ~' Lynch
~~
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Voetberg
Craig
uol
13
6. North Fork Catfish Creek Stormwater and Sanitary Sewer econstruction 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.
RES®LUTI®N '~ ~;.K:=°~'_.~`' Approving plans, specifications, form of contract, and
estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer
Reconstruction Project -Phase III
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes Nays
~.f Connors
~~' Jones
~~` ~~ ~ Lynch
~ Resnick
~~, ~ Voetberg
;~ ,~Braig
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REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes
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Voetberg
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1, ®ubuque Area Chamber of Commerce Convention and Visitors bureau
Request of Keith Rahe, Director of the Convention and Visitors Bureau, to provide a
quarterly update.
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Suggested ®isposition: Receive and File ~ .=
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Ayes Nays i ~ j
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2. Millstone ®rive ~ ~ ~~
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 ®isposition: Receive and File; Approve
Ayes Nays
-~. ~~ Connors
`" : ~~~ Jones
~'`~ ' ~ Lynch
~`` , ~ ~~Resnick
a ~.`~,-' Voetberg
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3. Unified eveloprnent Code (Second Reading on ctober , 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.
_. ~~-;
®R®INANCE ="~-~ °~~~"~ 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 ®isposition: Receive and File; iVlotion 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 ®isposition: Receive and File; Approve
~,ye~ Nays
Connors
sr~ , Jones
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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 F°`r-~-~~ `t ~ Awarding public improvement contract for the 2009
Sewer Cured-in-Place Pipe Lining Project
Suggested Disposition: Receive and File; Adopt Resolution
ayes Nays
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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
Ayes Nays
~~~ Connors
~~' Jones
~~ t~t1 Lynch
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7. ississippi 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 ®isposition: Receive and File; Council ,~~~ ~;-
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C®UNCIL MEMBER REPORTS ,. ~ I ~/ ~ ~~
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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,,m,'~~ ~
no formal action may be taken at this time on your comments because of the notice ~ J
requirements of the Iowa Open Meetings Law. ~ , `~
Motion to adjourn at ~ ~ ~
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