11 9 16 Clerk's Skeleton Notes and Meeting CallCITY COUNCIL SPECIAL SESSION, NOVEMBER 16, 2009
COUNCIL MET IN SPECIAL SESSION AT 5:00 P.M. IN THE HISTORIC FEDERAL
BUILDING
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PRES NT: MAY R 13~UOL, COUNCIL MEMBERS BRAIG, CONNORS, JONES, LYNCH,
RECK, VO~fBERG /
CITY MANAGER VAN ILLIGEN; CITY ATTORNEY LINDAHL
ABSENT:
Mayor ~Buol read the call and stated this is a special session of the City Council to conduct a
work session regarding the Transit Study.
Motion to adjourn at ~'~~
Ayes Nays
~ Jones
L~ ch
~ Resnick
./~Voetberg
Braig
~~uol
Connors
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CITY COUNCIL REGULAR SESSION,,NOVEMBER 16, 2009
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING ;
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PRESE '~: MAYO - ~ L, COUNCIL MEMBERS~RAIG, C NNORS, J ES, LYNCH,
RESN~K, VOET~RG ; ;
CITY MANAGER VAN/MILLIGEN; CITY ATTORNEY ~NDAHL
ABSENT:
Mayor 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.
PLEDGE OF ALLEGIANCE
INVOCATION
Associate Pastor Diane Mitchell, St. Luke Methodist Church
PRESENTATIONS
Presentation of Dubuque Main Street Awards
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Presentation of the Iowa Chapter/America Planning Association Award for Historic
Millwork District Master Plan ~~
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1.
2.
CONSENT ITEMS
A~s
Jones
esnick
oetberg
/ Braig
/~ Buol
,~ Connors
Minutes and Reports Submitted
Nays
~,~~
~~~id
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
Investment Oversight Commission 66t" 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
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
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.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
4
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 ~'y 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
9. Purchase of Property - 347 East 19t" Street
City Manager recommending approval of the purchase of a single family home located
at 347 East 19t" Street which has been in serious disrepair for a number of years.
RESOLUTION ~ ~~ Approving the acquisition of real estate located at 347
East 19t" Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
10. Sale of Property - 351 East 15t" Street
City Manager recommending approval of the sale of a single family residence located at
351 East 15t" Street.
RESOLUTION ~~~ Approving the sale of real estate located at 351 East 15t"
Street, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
5
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
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
~~
~ye
/~/
c/ Nays
Jones
~h
Resnick
~;
/
~ Voetberg
Braig
Buol
/ Connors
6
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
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
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
7
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
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
8
23. Abstract of Votes
Dubuque County Board of Supervisors submitting the Abstract of Votes for the General
Election held the 3~d day of November, 2009.
Suggested Disposition: Receive and File
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
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
9
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1.
2.
/A
Y
Jones
~'
/ Resnick
/' /~ Voetberg
Braig
Buol
Connors
General Obligation Urban Renewal Bonds
Nays
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
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
10
"I
BOARDS/COMMISSIONS ~D
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 i
Kenneth Oglesby, 990 W. 32"d 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
11
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
ye
Jones
L
esnick
/ Voetberg
~ ' Braig
Buol
/ ~ Connors
1. Request to Rezone -Commerce Park
Nays
~v
~~
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 or Motion B; Motion
A (Super Majority Vote)
Suspend the Readings
Final Reading and Adopt
Aye Nays Ay s Nayes
Jones ~ ,~ Jones
,~" R k ~ ~i // ~ Resnick
,/Voetberg 1 ~ Voetberg
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Braig ~, /fir ~ ~ Braig
/ ; Buol ~' Buol
~) Connors /~`)Connors
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REINSTATE THE RULES
This action limits discussion to the City Council.
Ay,~s Nays
~~ Jones
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J Resnick
/ Voetberg
/ ~" Braig
/ Buol
Connors ~ ,
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
~ye ; Nays
Jones
~~
Resnick ;
~/ Voetberg ~
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Buol
/ Connors ~, ~
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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.
RESOLUTION ~ Approving the creation of an ass tac pool to encourage
market-rate downtown rental and owner-occupied residential un' in the Greater
Downtown Urban Renewal District and authorizing the City Manager to solicit proposals
for projects to create such units
Suggested Disposition: Receive and File; Adopt Resolution
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j yes Nays
Jones
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~ Resnick
Voetberg
.~ Braig
j Buol
/~/Connors
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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
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yes
Jones
Lynch
Resnick
Voetberg,~
Braig /
Buol
~J Connors
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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
Ayes Nays ~ ~
-/ Jones ~"
Resnick (/`_
/ i Voetberg
/ ~ ~ Brai
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Buol
/ Connors
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
Qye
!/ ~
Jones
/` , ~~
f - /~j~ Resnick
Voetberg
/ . Braig
/ Buol
Connors
Nays
15
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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
Suspend the Readings
Final Reading and Adopt
Ayes Nays ~yye Nayes
,/ ~~) Jones / Jones
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Resnick ~ Resnick
/-' ~. Voetberg ~ Voetberg
j~Braig /~ Braig
.-Buol Buol
Connors Connors
16
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. '
~~ll G~~ .
RESOLUTION '~7 blic i ovement contract for the Shot
Tower Rehabilitation - Phase I Project j~
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Suggested Disposition: Receive and File; Adopt Re ution
~~
,~,,.~4,yes Nays
/' Jones
~`
Resnick
~ ~ ~~Voetberg
~/ Braig
,/ . ~ Buol
/ ~ Connors
8. Dubuque Racing Association
Communication from the Dubuque Racing Association Board of Directors requesting
a ointment of re resentatives to the DRA Board of Directors for 2009 current) Ma or
pp p ~ Y Y
Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael
C. Van Milligen).
Suggested Disposition: Receive and File; Council Appointment
Ayes
Jones
r/ '~' v'
Resnick
Voetberg
~
~ Braig
~~ Buol
Connors
Nays
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17
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
Ayes
~ Jones
f lh
Resnick
/ ~ Voetberg
/~ , Braig
f ,,, Buol
/ Connors
COUNCIL MEMBER REPORTS
PUBLIC INPUT
Nays
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)Q) Code of Iowa
Motion to go into Closed Session at ~` y~
Aye
,/ ~ Jones
/ .
/ Resnick
/ Voetberg
~/ ' : Braig
Buol
/ ~ onnors
Nays
18
Motion to adjourn at l ' ~ ~
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
19