11 16 09 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF
11/16/09
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. – WORK SESSION – TRANSIT STUDY
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, NOVEMBER 16, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Associate Pastor Diane Mitchell, St. Luke Methodist Church
PRESENTATIONS
Presentation of Dubuque Main Street Awards
Presentation of the Iowa Chapter America Planning Association Award for Historic
Millwork District Master Plan
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
Arts and Cultural Affairs Advisory Commission of 9/22; City Council of 11/2; Civil
Service Commission of 10/16; City Conference Board of 1/28; Historic Preservation
Commission of 10/22; Investment Oversight Advisory Commission of 10/28; Zoning
Advisory Commission of 11/4; Zoning Board of Adjustment of 10/22
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Investment Oversight Commission 66 Quarterly Report
Proofs of publication of City Council Proceedings of October 19, 2009 and List of Claims
and Summary of Revenues for month ended September 30, 2009
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Michael FitzPatrick for property damage; Geraldine M. Goodman for personal injury;
John Bechen for vehicle damage; Lola Volkert for personal injury; Matthew G. Hurm 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: Michael
FitzPatrick for property damage; Geraldine M. Goodman for personal injury
Suggested Disposition: Receive and File; Concur
3. Lower Bee Branch Creek Restoration Project
City Manager recommending approval of an Environmental Information Document as a
prerequisite for the use of state revolving loan funds (SRF) for the construction of the
Lower Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Approve
4. Iowa 32 (Northwest Arterial) Capacity Improvements Project – Request for
Proposals
City Manager recommending approval of the issuance of a Request for Proposal (RFP)
to seek qualified firms interested in providing street and utility engineering design,
geotechnical investigation and testing for the improvements along IA 32, from US 20 to
John F. Kennedy Road.
Suggested Disposition: Receive and File; Approve
5. Kephart Building – Roof Replacement Project
City Manager recommending acceptance of the Kephart Building – Roof Replacement
Project as completed by Giese Roofing Company in the final contract amount of
$81,107.00.
RESOLUTION
Accepting the Kephart Building Roof Replacement Project and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
6. Mines of Spain Exhibit and Educational Program Consultant
City Manager recommending approval of the selection of Experience Design and direct
City staff to negotiate a contract with the firm for the Mines of Spain Interpretive Exhibit
and Education Program.
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Suggested Disposition: Receive and File; Approve
7. Digital Flood Insurance Rate Map (DFIRM)
City Manager recommending approval of a letter to the Federal Emergency
Management Agency requesting changes to the Digital Flood Insurance Rate Map
(DFIRM) and stating that the City of Dubuque will not provide additional GIS data
requested by FEMA for the North End.
Suggested Disposition: Receive and File; Approve
8. REAP Grant Agreement – Iowa 32 Bike / Hike Trail – Phase 3
City Manager recommending approval of a $200,000 Fiscal Year 2010 REAP grant
agreement for installation of Phase 3 of the Iowa 32 Bike/Hike Trail.
RESOLUTION
Authorizing REAP Grant Agreement with Iowa Department of Natural
Resources for Iowa 32 Bike / Hike Trail – Phase 3
Suggested Disposition: Receive and File; Adopt Resolution
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9. Purchase of Property – 347 East 19 Street
City Manager recommending approval of the purchase of a single family home located
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at 347 East 19 Street which has been in serious disrepair for a number of years.
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RESOLUTION
Approving the acquisition of real estate located at 347 East 19 Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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10. Sale of Property – 351 East 15 Street
City Manager recommending approval of the sale of a single family residence located at
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351 East 15 Street.
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RESOLUTION
Approving the sale of real estate located at 351 East 15 Street, in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
11. Utility Easement for Industrial Tech Building
City Manager recommending approval of an easement that would allow Alliant to extend
electrical lines and install a transformer to provide electrical service to the Spec Building
in the Dubuque Industrial Center West owned by Spiegel Family Realty.
RESOLUTION
Disposing of an interest in real property by easement to Interstate Power
and Light Company
Suggested Disposition: Receive and File; Adopt Resolution
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12. Historic Preservation Commission – Fifth and Bluff Street Parking Ramp
Historic Preservation Commission transmitting the HPC’s comments and
recommendations on the proposed parking ramp located at the corner of Fifth and Bluff
Streets, located in the Cathedral Historic Preservation District.
City Manager recommending that the City Council take no action at this time regarding
the Fifth and Bluff Street Parking Ramp as staff continues to evaluate options based on
available funding.
Suggested Disposition: Receive and File
13. Floodwall Levee Slope Stabilization Project
City Manager recommending acceptance of the Floodwall Levee Slope Stabilization
Project as completed by Eastern Iowa Excavating and Concrete LLC in the final
contract amount of $224,617.91.
RESOLUTION
Accepting the Floodwall Levee Slope Stabilization Project and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
14. Supplement #1 – Code of Ordinances
City Manager recommending approval of Supplement #1 to the City of Dubuque Code
of Ordinances.
RESOLUTION
Adopting Supplement #1 to the Code of Ordinances of the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
15. I-JOBS Water Quality Fund Application – Lower Bee Branch Restoration Project
City Manager recommending approval of the submittal of a $7,000,000 grant application
to the Iowa Finance Authority for I-JOBS Water Quality Fund money for the restoration
of the Lower Bee Branch.
Suggested Disposition: Receive and File; Approve
16. I-JOBS Water Quality Fund Application – Water Pollution Control Plant
Replacement Project
City Manager recommending approval of the submittal of a $5,000,000 grant application
to the Iowa Finance Authority for I-JOBS Water Quality Fund money for the replacement
of the Water Pollution Control Plant.
Suggested Disposition: Receive and File; Approve
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17. Coalition for Various Telecommunication Filings
City Manager recommending approval of committing up to $10,000 to join a coalition of
communities to pool resources for various telecommunications filings anticipated in the
coming months.
Suggested Disposition: Receive and File; Approve
18. Center for Energy and Environmental Education (CEEE)
Communication to Kamyar Enshayan, Director – Center for Energy and Environmental
Education, expressing the City’s commitment to partner with the University of Northern
Iowa’s CEEE and, if possible, to host a 2010 Green Iowa AmeriCorps program in
Dubuque starting in the fall of 2010.
Suggested Disposition: Receive and File
19. Mediacom
Communication from Lee Grassley, Mediacom, advising of channel changes which
supersede the changes outlined in his letter dated October 23, 2009.
Suggested Disposition: Receive and File
20. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Prevention
Program (CLPPP)
City Manager recommending approval of a contract with the Dubuque County Board of
Health and the Iowa Department of Public Health (IDPH) for continued funding of the
Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement
with the VNA for services related to the CLPPP
Suggested Disposition: Receive and File; Approve
21. Civil Service Commission
Civil Service Commission submitting the Certified List for the position of Medical Officer.
Suggested Disposition: Receive and File; Make a Matter of Record
22. Human Rights Commission
Communication from Gretel Winterwood, 1555 Montrose Terrace, advising that she will
not be re-applying for a position on the Human Rights Commission.
Suggested Disposition: Receive and File
23. Abstract of Votes
Dubuque County Board of Supervisors submitting the Abstract of Votes for the General
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Election held the 3 day of November, 2009.
Suggested Disposition: Receive and File
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24. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Jane’s Indoor Party
and Play Center and a Class “C” Beer Permit to Plaza 20 Amoco
RESOLUTUION
Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to
Grand Harbor Resort/Water Park and Hotel Julien Dubuque; a Class “C” Beer/Liquor
License to Q and Bridge Restaurant; and a Special Class “C” Liquor License to Cookin
Something Up
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. General Obligation Urban Renewal Bonds
City Manager recommending that a public hearing be set for December 7, 2009 to
consider approval of the issuance of not to exceed $6,000,000 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.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $6,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal
purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
12/7/09
2. North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project
– Phase III
City Manager recommending initiation of the bidding process for the North Fork Catfish
Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III and that a
public hearing be set for December 7, 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 North Fork Catfish
Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
12/7/09
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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.
Mississippi River Partnership Council
One 3-year term through December 31, 2012
Applicant:
Anthony Allen, 575 Almond Street
Edward Cawley, 598 Needham Street
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Kenneth Oglesby, 990 W. 32 Street
Walt Webster, 3509 Asbury Road
Plumbing Board
One 3-year term through November 2, 2012 (At-large term of Harris)
Applicant:
Daniel Harris, 998 Indian Ridge
Transit Board of Trustees
One 3-year term through July 30, 2011 (Term of Curtis)
Applicant:
Thomas Croissant Jr., 444 Angella Street #8
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 – Commerce Park
Proof of publication on notice of public hearing to consider a request from Joel Callahan
to rezone property located at Commerce Park from CS Commercial Service and
Wholesale District to R-4 Multi-Family Residential District and Zoning Advisory
Commission recommending denial.
ORDINANCE
Amending the Unified Development Code by reclassifying hereinafter
described property located at Commerce Park from CS Commercial Service and
Wholesale District to R-4 Multi-Family Residential District
Suggested Disposition: Receive and File; Concur with Denial orMotion B; Motion
A (Super Majority Vote)
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
Chad Chandlee, Every Child / Every Promise Board Chair, to introduce Executive
Director Nancy Keedy.
Suggested Disposition: Receive and File
2. Assistance Pool to Encourage Residential Housing in Downtown
City Manager recommending that a pool of funds in the amount of $2.5 million be
created to encourage new residential housing units in downtown Dubuque and that a
Request for Proposals be solicited from developers who are interested in renovating
existing structures in the downtown.
Suggested Disposition: Receive and File; Approve
3. Port of Dubuque – Riverfront Marina Project
City Manager recommending approval to locate an additional 43 transient boat slips (25
existing + 43 additional for a net total of 68 transient slips) with amenities as outlined in
the City’s grant proposal for the Port of Dubuque – Riverfront Marina Project.
Suggested Disposition: Receive and File; Approve
4. Washington Neighborhood Guidelines and Funding Sources
City Manager recommending approval of proposed revisions to the financial incentives
program promoting Washington Neighborhood homeownership.
Suggested Disposition: Receive and File; Approve
5. Acquisition of Property at Corner of South Grandview Avenue and Rockdale Road
City Manager recommending acceptance of a donation from Mark Falb to acquire
property at the corner of South Grandview and Rockdale Road for development of a
passive park.
Suggested Disposition: Receive and File; Approve
6. Mailboxes in City Right-of-Way
City Manager recommending approval of actions to be taken to address the existing
unauthorized structures in the City right-of-way, including an amendment to the Code of
Ordinances prohibiting any future mailbox structures or other encroachments of a non-
breakaway design.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 10 Public Ways and
Property, Chapter 3 Encroachments on Public Places, by adopting a new Article F,
Mailboxes, Establishing Standards for Mailboxes in Public Rights-of-Way
Suggested Disposition: Receive and File; Motion B; Motion A
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7. Shot Tower Rehabilitation – Phase I
City Manager recommending award of the public improvement contract for the Shot
Tower Rehabilitation – Phase I Project to Building Restoration Corporation in the
amount of $444,369.
RESOLUTION
Awarding public improvement contract for the Shot Tower Rehabilitation
– Phase I Project
Suggested Disposition: Receive and File; Adopt Resolution
8. Dubuque Racing Association
Communication from the Dubuque Racing Association Board of Directors requesting
appointment of representatives to the DRA Board of Directors for 2009 (currently Mayor
Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael
C. Van Milligen).
Suggested Disposition: Receive and File; Council Appointment
9. State of Iowa Legislative Priorities – 2010 Session
City Manager recommending approval of the State of Iowa Legislative Priorities for the
2010 session.
Suggested Disposition: Receive and File; Approve
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.
CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa
Jeanne F. Schneider
November 12, 2009
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