12 7 09 City Council Agenda with Icons
ROLL CALL ORDER
FOR MEETING OF
12/7/09
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, DECEMBER 7, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Jay Hilten, St. John's Lutheran Church
PROCLAMATION
Human Rights Day (December 10, 2009)
Human Rights Day
PRESENTATION
1000 Friends of Iowa for the Historic Millwork District 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 10/27; City Council of 11/16, 11/17
and 12/1; Community Development Advisory Commission of 11/18; Historic
Preservation Commission of 11/19; Housing Commission of 10/27; Human Rights
Commission of 10/12; Park and Recreation Commission of 11/10; Transit Board of 10/8
and 11/12; Zoning Board of Adjustment of 11/19
Proofs of publication of City Council Proceedings of November 2, 16, and 17, 2009 and
List of Claims and Summary of Revenues for month ended October 31, 2009
Library Board of Trustees Update from the meetings of October 22 and November 17,
2009
Suggested Disposition: Receive and File
ACAACCity Council - 12/1
City Council - 11/16City Council - 12/17Comm Dev Adv Historic Preservation
CommissionCommission
Human RightsPark and RecTransit Board - 10/8Transit Board - 11/12Zoning Bd of Library Bd Update -
Adjustment10/22
Library Bd Update -
11/17
2. Notice of Claims/Suits
John Corbett for vehicle damage; George Clark for property 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: Matthew Hurm
for vehicle damage; Lola Volkert for personal injury; John Bechen for vehicle damage
Suggested Disposition: Receive and File; Concur
Claims - ICAP
3. Champions for Inclusive Communities
Press release from the Champions for Inclusive Communities advising that Dubuque
has been recognized as a “Star Community” by the Champions for Inclusive
Communities.
2
Suggested Disposition: Receive and File
Champions - Press
Release
4. School Resource Officer (SRO) Agreement
City Manager recommending approval of the Fiscal Year 2009 / 2010 School Police
Officer Agreement between the City of Dubuque Police Department and the Dubuque
Community School District.
Suggested Disposition: Receive and File; Approve
SRO Agreement
SRO - MVM MemoSRO - Staff Memo
5. Human Rights Commission
Communication from Kelly Larson, Human Rights Director, advising of the resignation of
Terry Driskell from the Human Rights Commission.
Communication from Char Eddy advising that she will not be re-applying for another
term on the Human Rights Commission.
Suggested Disposition: Receive and File; Accept Resignations
Resignations
6. Online Employment Application Vendor Services Agreement
City Manager recommending approval of the Online Employment Application Vendor
Services Agreement with NeoGov.
Suggested Disposition: Receive and File; Approve
Agreement - Staff Vendor Services
Agreement - MVM
MemoAgreement
Memo
7. Administrative Services Fee Renewal – Flexible Spending Plan
City Manager recommending approval of the Administrative Services Fee Renewal for
the City’s flexible spending plan.
Suggested Disposition: Receive and File; Approve
3
Flex Spending -
Flex Spending - MVM Flex Spending - Staff
Proposal
MemoMemo
8. IA 32 Traffic Improvements – Consultant Selection
City Manager recommending approval of the selection of IIW Engineers & Surveyors,
PC for the IA 32 Capacity Improvements Project.
Suggested Disposition: Receive and File; Approve
IA 32 - MVM MemoIA 32 - Staff Memo
9. 2008 Asphalt Paving Program
City Manager recommending acceptance of the 2008 Asphalt Paving Program as
completed by River City Paving in the final contract amount of $226,131.41.
RESOLUTION
Accepting the 2008 Asphalt Paving Program and authorizing payment of
the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
2008 Asphalt - Final
2008 Asphalt - MVM 2008 Asphalt - Staff 2008 Asphalt -
Payment Form
MemoMemoResolution
10. Foye Street Sidewalk / Curb and Gutter Repair Project
City Manager recommending acceptance of the Foye Street Sidewalk / Curb and Gutter
Repair Project as completed by Drew Cook & Sons Excavating, Inc. in the final contract
amount of $47,821.40.
RESOLUTION
Accepting the Foye Street Sidewalk / Curb and Gutter Repair Project
and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Foye St - Final
Foye St - MVM MemoFoye St - Staff MemoFoye St - Resolution
Payment Form
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11. Garfield Avenue Retaining Wall Reconstruction Project
City Manager recommending acceptance of the Garfield Avenue Retaining Wall
Reconstruction Project as completed by Top Grade Excavating, Inc. in the final contract
amount of $87,601.19.
RESOLUTION
Accepting the Garfield Avenue Retaining Wall Reconstruction Project
and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Garfield - MVM MemoGarfield - Staff MemoGarfield - ResolutionGarfield - Picture #1Garfield - Picture #2
Garfield - Final
Garfield - Picture #3
Payment Form
12. Ramona / Pamela Court Slab Replacement Project
City Manager recommending acceptance of the Ramona / Pamela Court Slab
Replacement Project as completed by Portzen Construction, Inc. in the final contract
amount of $67,773.15
RESOLUTION
Accepting the Ramona / Pamela Court Slab Replacement Project and
authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Ramona - Final
Ramona - MVM MemoRamona - Staff Ramona - Resolution
Payment Form
Memo
nd
13. West 32 Street Detention Basin Project
nd
City Manager recommending acceptance of the West 32 Street Detention Basin
Project as completed by Tschiggfrie Excavating Company in the final contract amount of
$1,711,836.54,
nd
RESOLUTION
Accepting the West 32 Street Detention Basin Project and authorizing
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
West 32nd - Close
West 32nd - MVM West 32nd - Staff West 32nd -
Out Form
MemoMemoResolution
5
14. I-Jobs Affordable Housing Assistance Program Grant Application
City Manager recommending approval of an I-Jobs Affordable Housing Assistance
Program grant application to the Iowa Finance Authority (IFA) on behalf of Michelle
Mihalakis for her Salvia House project.
RESOLUTION
Approving an I-Jobs Affordable Housing Program Assistance grant
application to the Iowa Finance Authority on behalf of Michelle Mihalakis / Salvia House
Suggested Disposition: Receive and File; Adopt Resolution
I-Jobs - MVM MemoI-Jobs - Staff MemoI-Jobs - ResolutionI-Jobs - Application
15. Amendment to the Request for Proposals (RFP) – Financial Assistance Pool
City Manager recommending approval of an amendment to the Request for Proposals
requirements to make additional properties eligible for the pool of funds to encourage
developers and property owners to create new residential units in the Greater
Downtown Urban Renewal District.
RESOLUTION
Approving an amendment to the Request for Proposals to encourage
market-rate downtown rental and owner-occupied residential units in the Greater
Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
RFP - MVM MemoRFP - Staff MemoRFP - ResolutionAmended Downtown
Housing RFP
16. Iowa Finance Authority Dubuque Housing Study
City Manager transmitting a report from the Iowa Finance Authority (IFA) about
Dubuque’s rental housing market.
Suggested Disposition: Receive and File
Study - MVM MemoStudy - Staff MemoIFA Study
17. Vacuum Filter Building Back-Up Power Supply Project
City Manager recommending acceptance of the Vacuum Filter Building Back-Up Power
Supply Project as completed by Morse Electric, Inc. in the final contract amount of
$3,461.49.
RESOLUTION
Accepting the Vacuum Filter Building Back-Up Power Supply Project
and authorizing payment of the contract amount to the contractor
6
Suggested Disposition: Receive and File; Adopt Resolution
Filter Bldg - MVM Filter Bldg - Staff Filter Bldg -
MemoMemoResolution
18. Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project
City Manager recommending acceptance of the Eagle Point Water Plant West Clear
Well Phase II Pipe Coating Project as completed by Superior Painting and Epoxy
Coating, LLC in the final contract amount of $1,812.80.
RESOLUTION
Accepting the Eagle Point Water Plant West Clear Well Phase II Pipe
Coating Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Water Plt - MVM Water Plt - Staff Water Plt -
MemoMemoResolution
19. Vision Iowa Grant for Art Market
City Manager recommending approval of the submittal of a $15,000 Vision Iowa grant
application to cover the costs of promoting the Summer 2010 Art Market.
Suggested Disposition: Receive and File; Approve
Art Market - MVM Vision Iowa Grant
Art Market - Staff
MemoApplication
Memo
20. Iowa Power Fund Community Grant Application
City Manager transmitting the Iowa Power Fund Community Grant Application
submitted on behalf of the City of Dubuque, Dubuque Area Chamber of Commerce and
2
the Community Foundation of Greater Dubuque for the Dubuque Initiative.
Suggested Disposition: Receive and File
Iowa Power Fund
Application
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21. Letter of Support – YMCA
City Manager recommending approval of a letter of support on behalf of the Community
Y’s application for ACHIEVE Healthy Communities Program funding.
Suggested Disposition: Receive and File
Community Y - MVM Community Y - Staff Community Y - Ltr of
MemoMemoSupport
22. LK Development & Storage, LLC
Communication from Attorney Brian Kane, representing LK Development & Storage,
LLC, requesting that the building located at 3040 Elm Street be removed from the City’s
historic conservation district.
Suggested Disposition: Receive and File; Refer to City Manager
Kane Ltr
23. Drug Awareness Resistance Education (DARE) Contract
City Manager recommending approval of the 2009 / 2010 DARE contract between the
City of Dubuque, the Dubuque Community Schools and the Holy Family Catholic
Schools.
Suggested Disposition: Receive and File; Approve
DARE - MVM MemoDARE - Contracts
DARE - Staff Memo
24. I-JOBS Green Urban Stormwater Program
City Manager transmitting an application for $100,000 in funding for a green alley
through the I-JOBS Green Urban Stormwater program.
Suggested Disposition: Receive and File
I-JOBS - MVM MemoI-JOBS - Staff MemoI-JOBS - MapI-JOBS - Application
8
25. Signed Contracts
-- Water Pollution Control Plant Replacement Project – Eco Smart Building Additional
Agreement
Suggested Disposition: Receive and File; Approve
Eco Smart
Agreement
26. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer License to Jannah
Corporation (3270 Dodge Street), Jannah Corporation (4100 Dodge Street), Sam’s
Club, Hy-Vee #2, and Kwik Stop Food Mart
RESOLUTION
Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to
Holiday Inn Dubuque Five Flags; Class “C” Beer/Liquor License to Instant Replay,
Pepper Sprout, and Cue Masters Billiard; Class “B” Wine permit to Sam’s Club and Hy-
Vee #2; and Class “WBN” Native Wine License to I Luv Food
Suggested Disposition: Receive and File; Adopt Resolutions
Renewal - MVM Renewals - Staff Resolution #1Resolution #2
MemoMemo
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Individual Historic Designation – 44 Main Street
Historic Preservation Commission recommending that a public hearing be set for
January 18, 2010 to consider approval of the Individual Historic Designation for 44 Main
Street.
Suggested Disposition: Receive and File; Public Hearing 1/18/10
44 Main - HPC Ltr44 Main - Proposed 44 Main - Application
Ordinance
9
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.
Housing Code Appeals Board
Two 3-year terms through January 11, 2013 (Terms of Kinsella and Schaub)
Applicants:
William Kinsella, 2 Julien Dubuque Drive
Robert Schaub, 1745 Embassy West Drive
Human Rights Commission
Four 3-year terms through January 1, 2013 (Terms of Eddy, Driskell, Oswald and Winterwood)
Applicants:
Lori Apel, 3315 Spring Valley Road
Marquita Bolden, 2757 Ventura Drive, #2
Lynn Sutton, 876 Yale Court, #1
Pam Sharrad, 836 Air Hill Street
Robert Yunk, 815 Rose Street, #2
Ms. Sutton is a member of the Housing Commission
Mediacom Charitable Foundation
Two 1-year terms through December 31, 2010 (Terms of Chavenelle and Twining)
Applicants:
Gail Chavenlle, 1155 Kelly Lane
Connie Twining, 421 North Booth Street
Appointments to the following Boards/Commissions:
Mississippi River Partnership Council
One 3-year term through December 31, 2012
Applicant:
Anthony Allen, 575 Almond Street
Edward Cawley, 598 Needham Street
nd
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
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Board and Overview SheetHsg Code Appeals Bd Human Rights Mediacom
Partnership
Commission ListApplicationsApplicationsFoundation Apps
Applications
Plumbing Bd Transit Bd
ApplicationApplication
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. Dubuque Industrial Center – Planned Unit Development District (Tabled on July 6,
2009)
City Manager requesting that this item be tabled to June 7, 2010.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/
Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque
Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the
designation of property from open space to commercial and Zoning Advisory
Commission recommending approval, with conditions.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the
Dubuque Industrial Center Phases I and II located at the southwest corner of Highway
32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07
Suggested Disposition: Remove from Table; Receive and File; Table to 7/7/10
DIC - MVM Memo
Material from September 15, 2008 City Council Meeting
DIC - ZAC LtrDIC - ApplicationDIC - Proposed Land DIC - Land Use PlanDIC - Setback DIC - Topograpy
Use MapClassifcationMaps
DIC - Staff ReportDIC - PhotosDIC - Hike/Bike DIC - OrdinanceC-3 Proposed DIC - Opposition Ltr
System MapRegulations
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2. General Obligation Urban Renewal Bonds
Proof of publication on notice of public hearing 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 street, stormwater, sanitary sewer, water, fiber optic,
parking and other public improvements in the Historic Millwork District and the funding
of grants, loans and other financial assistance to private developers to assist in
rehabilitation of existing buildings and construction of housing development projects in
the Millwork District and City Manager recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $6,000,000 General Obligation Urban Renewal Bonds
Suggested Disposition: Receive and File; Adopt Resolution
UR Bonds - MVM UR Bonds - Staff UR Bonds - UR Bonds - Noth Ltr
MemoMemoResolution
Material from November 16, 2009 City Council Meeting
UR Bonds - Noth Ltr
UR Bonds - MVM UR Bonds - Staff UR Bonds -
MemoMemoResolution
3. 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 specifications,
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.
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
North Fork - MVM North Fork - Staff North Fork -
MemoMemoResolution
Material from November 16, 2009 City Council Meeting
NF Catfish - MVM NF Catfish - Staff NF Catfish -
MemoMemoResolution
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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. Water Meter Change Out Project Vendor Selection
City Manager recommending approval to award the contract for the Water Meter
Change Out Project to Northern Water Works Supply in the estimated amount of
$5,493,293, subject to all contract, insurance and bonding issues being resolved with
the City and approved by the Iowa Department of Natural Resources and the Iowa
Finance Authority.
RESOLUTION
Awarding a contract to Northern Water Works Supply for the Water
Meter Change Out Project for the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Approve
Water Meters - MVM Water Meters - Staff Use of Local VendorsWater Meters - Water Meter Change Northern Water
MemoMemoResolutionOut RFPWorks Supply
NWWS Cost Neptune Water
SummaryMeter Warranty
2. Report on Rental Housing and Arrest Activity in the City of Dubuque
City Manager transmitting results of the Report on Rental Housing and Arrest Activity in
the City of Dubuque and recommending pursuit of additional information.
Suggested Disposition: Receive and File; Approve
Report - MVM MemoReport - Staff MemoReport - Alta Vista Alta Vista Research In-depth Arrest Poverty in America
Cover LtrReportAnalysis Proposal
3. Section 8 Administrative Plan
City Manager informing the City Council of amendments to the Section 8 Administrative
Plan.
Suggested Disposition: Receive and File; Approve
Section 8 - MVM Section 8 - Staff Section 8 - Police
MemoMemoMemo
13
4. Direct Financial Assistance Application – Creative Frontier, Inc.
City Manager recommending approval of a Direct Financial Assistance application to
the Iowa Department of Economic Development on behalf of Creative Frontier, Inc. to
assist with relocating its operations to Dubuque.
RESOLUTION
Authorizing the filing of an IDED Direct Financial Assistance Application
on behalf of Creative Frontier, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Application - MVM Application - Staff Application - Application - LegendIDED Application
MemoMemoResolution
5. Holiday Decorations in Washington Park
Communication from Tammy Welbes, Dubuque Junior Chamber, requesting that the
City assist the Dubuque Junior Chamber with $600.00 for Christmas decorations in
Washington Park.
City Manager recommending approval of a request from the Dubuque Junior Chamber
for $600.00 to replace the holiday decorations in Washington Park.
Suggested Disposition: Receive and File; Approve
Request Ltr
Decorations - MVM Decorations - Staff
MemoMemo
6. KeyLine Bus Advertisement Improvements
City Manager recommending approval to pursue bus wrap advertisements on KeyLine
buses.
Suggested Disposition: Receive and File; Approve
KeyLine - MVM MemoKeyLline - Staff KeyLine - Bus Wrap
MemoExamples
7. Parking Ramp Construction Location
City Manager recommending switching the priority order of the two previously approved
downtown ramps and first build the ramp behind Fire Headquarters as project funding is
available to build a 7-story ramp with 475 spaces, which is a net gain of 352 vehicles.
Suggested Disposition: Receive and File; Approve
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Parking Ramp - MVM Parking Ramp - Staff
MemoMemo
8. Tax Increment Financing (TIF) Ordinance for the Greater Downtown Urban
Renewal District
City Manager recommending adoption of an ordinance amending the tax increment
financing district for the Greater Downtown Urban Renewal District.
ORDINANCE
Amending Ordinance Nos. 60-08, 63-07, 20-07, 35-04, 30-82 and 66-89,
as previously amended, providing that general property taxes levied and collected each
year on all property located within the Greater Downtown Urban Renewal District of the
City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State
of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and
other taxing districts, be paid to a special fund for payment of principal and interest on
loans, monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said City in connection with the Urban Renewal Plan for the Greater
Downtown Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
TIF - MVM MemoTIF - Staff MemoTIF - OrdinanceGreater Downtown
UR District
9. Response to Possible Termination of the Municipal Cable Franchise
City Manager requesting City Council direction regarding Mediacom’s possible
termination of the Municipal Cable Franchise.
Suggested Disposition: Receive and File; Council Direction
Cable Franchise - Franchise - Staff Franchise - Franchise - Iowa Code Chapter
MVM MemoMemoMediacom LtrAttachments477A
10. Fines for Speed Restrictions Ordinance
City Manager recommending approval of an amendment to the Code of Ordinances that
adopts a change in the fine amount for excessively speeding in zones greater than 55
miles per hour to be consistent with the Iowa Code.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Title 9 Motor
Vehicles and Traffic, Chapter 7 Operation, Section 9-7-321.285 Limits Generally,
establishing the fine for each mile in excess of 20 miles per hour over the speed limit in
zones greater than 55 miles per hour
Suggested Disposition: Receive and File; Motion B; Motion A
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Fines - MVM MemoFines - Staff MemoFines - Ordinance
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, CMC
December 3, 2009
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