12 21 09 City Council Agenda with Icons
ROLL CALL ORDER
FOR MEETING OF
12/21/09
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:30 P.M. – TOUR OF TRAFFIC CONTROL CENTER – CITY HALL
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, DECEMBER 21, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Major Tom Mason, Salvation Army
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 12/7 and 12/10; Civil Service Commission of 10/14, 11/6 and 12/11;
Electrical Code Board of 11/23; Library Board of Trustees of 9/24 and 10/22; Transit
Board of 12/14; Zoning Advisory Commission of 12/2
Proofs of publication of City Council Proceedings of November 16 and December 1,
2009
Suggested Disposition: Receive and File
City Council - 12/7City Council - 12/10Civil Service - 10/14Civil Service - 11/6Civil Service - 12/11Electrical Code Bd
Library Bd - 9/24Library Bd - 10/22
Transit BoardZoning Advisory
Commission
2. Notice of Claims/Suits
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: George Clark
for property damage; John Corbett for vehicle damage
Suggested Disposition: Receive and File; Concur
Claims - ICAP
3. Professional Services for the Urban Forest Evaluation
City Manager recommending approval of the issuance of a Request for Proposals for
the Urban Forest Evaluation.
Suggested Disposition: Receive and File; Approve
Evaluation - MVM
Evaluation - Staff Evaluation - Request
Memo
Memofor Proposals
4. Port of Dubuque Usage Policies
City Manager recommending approval of two revisions to the Usage Policies for the
Alliant Energy Amphitheater, Mississippi Riverwalk and American Trust River’s Edge
Plaza.
Suggested Disposition: Receive and File; Approve
Usage Policies - MVM Usage Policies - Staff Usage Policies -
MemoMemoRevised
5. Westbrook Park
City Manager recommending approval of a lease agreement with Callahan Construction
for development of a temporary Westbrook Park.
Suggested Disposition: Receive and File; Approve
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Westbrook - MVM Park - Staff MemoPark - Lease
MemoAgreement
6. Administrative Services Agreement with Express Scripts
City Manager recommending approval of the Administrative Services Agreement with
Express Scripts for the City’s Prescription Drug Program.
Suggested Disposition: Receive and File; Approve
Express Scrips - Express Scripts -
Express Scripts -
Staff MemoAgreement
MVM Memo
7. 2009 Annual Tax Increment Financing (TIF) Report
City Manager transmitting the 2009 Annual Tax Increment Financing (TIF) Report.
Suggested Disposition: Receive and File
TIF Report - MVM TIF Report - Staff TIF ChronologyEconomic Dev TIF Project HistoryFY 2011 TIF Report
MemoMemoProjects
8. Dubuque Human Rights Commission Annual Report
City Manager transmitting the 2009 Dubuque Human Rights Commission Annual
Report.
Suggested Disposition: Receive and File
DHRC Report - MVM DHRC Report - Staff DHRC Annual Report
MemoMemo
9. General Obligation Urban Renewal Bond Proceeds – New Parking Ramp
City Manager recommending approval to reassign the remaining General Obligation
th
Urban Renewal Bond proceeds for the ramp construction at 10 Street and Central
Avenue.
RESOLUTION
Re-allocating funds
Suggested Disposition: Receive and File; Adopt Resolution
UR Bonds - MVM UR Bonds - Staff UR Bonds -
MemoMemoResolution
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10. Sewer Revenue Capital Loan Notes, Series 2010A
City Manager recommending approval of the suggested proceedings to complete action
required on the Sewer Revenue Capital Loan Notes from the Iowa Water Pollution
Control Works Financing Program under the State of Iowa Revolving Fund Loan (SRF)
program.
RESOLUTION
Authorizing and providing for the issuance and securing the payment of
$1,141,000 Sewer Revenue Capital Loan Notes, Series 2010A by the City of Dubuque,
Iowa under the provisions of Chapter 384 of the Code of Iowa, providing for a method of
payment thereof, approving Loan and Disbursement Agreements, and other related
matters
Suggested Disposition: Receive and File; Adopt Resolution
Series 2010A - MVM Series 2010A - Staff Series 2010A -
MemoMemoResolution
11. Storm Water Utility Revenue Capital Loan Notes, Series 2010B
City Manager recommending approval of the suggested proceedings to complete action
required on the Storm Water Revenue Capital Loan Notes from the Iowa Water
Pollution Control Works Financing Program under the State of Iowa Revolving Fund
Loan (SRF) program.
pproving and authorizing a form of Loan and Disbursement
RESOLUTION
A
Agreements by and between the City of Dubuque and the Iowa Finance
Authority, and authorizing and providing for the issuance and securing the
payment of $998,000 Storm Water Utility Revenue Capital Loan Notes, Series
2010B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa,
and providing for a method of payment of said Notes
Suggested Disposition: Receive and File; Adopt Resolution
Series 2010B - MVM Series 2010B - Staff Series 2010B -
MemoMemoResolution
12. Federal Emergency Management Agency (FEMA)
City Manager recommending approval of a letter to the Federal Emergency
Management Agency (FEMA) requesting changes to the preliminary digital flood
insurance rate map for the Dubuque Industrial Center West.
Suggested Disposition: Receive and File
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FEMA - MVM MemoFEMA - Staff MemoFEMA - IIW LtrFEMA - Nusz Ltr
13. Barton Randle Second Addition – Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Barton
Randle Second Addition.
RESOLUTION
Approving a Plat of Survey of Barton Randle Second Addition in the City
of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Plat - ZAC LtrPlat - Staff MemoPlat - Vicinity MapPlat - Aerial ViewsPlat - Resolution
14. 2009 Public Right-of-Way Assessments
City Manager recommending approval of the levy of special assessments for four
property owners who failed to complete required replacements or corrections to
sidewalks, driveways, excavation surface patches or obstruction removal in 2009.
RESOLUTION
Adopting the final assessment schedule for the 2009 Public Right-of-
Way Assessment properties
Suggested Disposition: Receive and File; Adopt Resolution
Assessment - MVM Assessments - Staff Assessments - Assessments - Notice Schedule of
MemoMemoResolutionto Property OwnersAssessments
15. Fire Station No. 4 Door Modifications Project
City Manager recommending acceptance of the Fire Station No. 4 Door Modifications
Project as completed by Portzen Construction, Inc., in the final contract amount of
$61,593.00.
RESOLUTION
Accepting the Fire Station No. 4 Door Modifications Project and
authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Fire Station - MVM Fire Station - Staff Fire Station -
MemoMemoResolution
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16. US Highway 52 Resurfacing Project
City Manager recommending acceptance of the US Highway 52 Resurfacing Project as
completed by River City Paving, Inc., a division of Mathy Construction, Inc., in the final
contract amount of $1,128,514.44
RESOLUTION
Accepting the US Highway 52 Resurfacing Project and authorizing
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Hwy 52 - MVM MemoCertificate of
Hwy 52 - Staff MemoHwy 52 - Resolution
Completion
17. Operation: New View Community Action Agency
Communication from Becky Jenkins, Operation: New View Community Action Agency,
advising that Operation: New View and the Earned Income Tax Credit (EITC) Outreach
Task Force will be hosting the 2010 EITC Awareness Day on January 29, 2010.
Suggested Disposition: Receive and File
Operation: New View
Ltr
18. Childhood Lead Poisoning Prevention Program (CLPPP)
City Manager recommending approval of a contract revision with the VNA for services
related to the Childhood Lead Poisoning Prevention Program (CLPPP)
Suggested Disposition: Receive and File; Approve
CLPPP - MVM MemoCLPPP - Staff MemoCLPPP - VNA
Subcontract
19. 2009 Tax Appeal – Stipulation of Settlement
City Attorney submitting the Stipulation of Settlement in the 2009 tax assessment
appeal of Richard V. and Charlene L. Hansel Living Trusts.
Suggested Disposition: Receive and File
Tax Appeal - BAL LtrNotice of Voluntary Stipulation of
SettlementSettlement
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20. Purchase of Property – 1545 South Grandview Avenue
City Manager recommending acceptance of the Warranty Deed from Scott J. Nelson for
property located at 1545 South Grandview Avenue for the purpose of creating a City
park.
RESOLUTION
Accepting the deed to certain real estate in Dubuque County, Iowa from
Scott J. Nelson
Suggested Disposition: Receive and File; Adopt Resolution
Property - MVM
Property - Staff Property - ResolutionProperty - Warranty
Memo
MemoDeed
21. Signed Contracts
-- Water Pollution Control Plant Replacement Project – Strand Associates, Inc.
Amendment #1 Clarification
-- Eco Smart Building Professional Services Agreement
Suggested Disposition: Receive and File
WPCP - Contract Eco Smart
AmendmentAgreement
22. Liquor and Tobacco License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of permits to sell cigarettes to Iowa Street Market,
Gas N Go (4110 Dodge Street), and Gas N Go (3270 Dodge Street)
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to UAW Local #94 and
a Class “C” Beer Permit to Clark of Dubuque and Iowa Street Market
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Bowling and
Beyond, Las Margaritas and the Moracco; a Class “C” Beer/Liquor License (Five-day
Special Event) to Restoration Trust LLC; a Class “B” Wine Permit to Iowa Street Market;
and a Class “WBN” Native Wine Permit to Engraved Gift Collection and Hy-Vee Gas #2
Suggested Disposition: Receive and File; Adopt Resolutions
Resolution #1Resolution #2Resolution #3
Renewals - MVM Renewals - Staff
MemoMemo
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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 January 4, 2010 to
consider the issuance of not to exceed $2,500,000 General Obligation Urban Renewal
Bonds.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $2,500,000 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
1/4/10
UR Bonds - MVM UR Bonds - Staff UR Bonds - UR Bonds - Noth Ltr
MemoMemoResolution
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
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
One 3-year term through January 1, 2012 (Term of Driskell)
Three 3-year terms through January 1, 2013 (Terms of Eddy, 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
R.R.S. (Rachael) Stewart, 460 Summit 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 Chavenelle, 1155 Kelly Lane
Connie Twining, 421 North Booth Street
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Board and Overview SheetHousing Code Human Rights Mediacom
Commission ListAppeals Bd AppsApplicationsApplications
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 approval.
Communication from Ron and Jane Ainley regarding the rezoning change to Lot 8 of
Westbrook Subdivision next to the industrial park.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances 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; Motion B; Motion A
Commerce Park - Commerce Park - Commerce Park - Commerce Park - Commerce Park - Commerce Park -
ZAC LtrApplicationsVicinity MapStaff ReportAerial ViewsOrdinance
Ainley Ltr
Suggested Motion
2. Request to Rezone – North End of Millstone Drive
Proof of publication on notice of public hearing to consider a request from Brian Kane /
Westside Arterial Development, LLC to rezone property located at the north end of
Millstone Drive from R-1 Single Family Residential District and R-3 Moderate Density
Multi-Family Residential District to PR Planned Residential District and Zoning Advisory
Commission recommending denial.
Communications from Daniel and Janice Smith, Don and Shirley Foley, and Terry and
Jenny Balk in opposition to the proposed rezoning of the north end of Millstone Drive.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located southeast of
the intersection of the Northwest Arterial and Plaza Drive from R-1 Single-Family
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Residential and R-3 Moderate Density Multi-Family Residential Districts to PUD
Planned Unit Development District with a PR Planned Residential designation and
adopting a conceptual development plan
Suggested Disposition: Receive and File; Concur with the Denial or Motion B;
Motion A (Super Majority Vote Necessary)
Millstone - ZAC LtrMillstone - Opposition Millstone - Millstone - Vicinity Millstone - Layout Millstone - Rendering
MapApplicationMapSummary/ Layout
Smith LtrBalk Ltr
Opposition Eemails & Millstone - Staff Millstone - Aerial Millstone - Ordinance
PetitionsReportViews
Foley Ltr
Suggested Motion
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. Landlord Notification Regarding Police Calls for Service
City Manager transmitting information on the recently implemented system being
used to notify rental property landlords or managers of selected police calls for
service occurring at the properties they either own or manage.
Suggested Disposition: Receive and File
Landlords - MVM Landlords - Staff
MemoMemo
2. Establishment and Management of Community Garden Program
City Manager recommending approval to initiate the Request for Proposals process for
the Establishment and Management of the Community Garden Program.
Suggested Disposition: Receive and File; Approve
Garden - MVM MemoGarden - Staff MemoGarden - Request for
Proposals
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3. Preliminary Master Plan for Roosevelt Park
City Manager submitting the preliminary Master Plan for re-development of Roosevelt
Park and requesting City Council review and comments.
Suggested Disposition: Receive and File; Council
Park - MVM Memo
Park - Staff MemoPark - Drawing
4. Loras College Usage Agreement
City Manager recommending approval to negotiate a Usage Agreement with Loras
College for the use of Petrakis Park.
Suggested Disposition: Receive and File; Approve
Loras - MVM MemoLoras - Staff Memo
Loras - Usage
Agreement
5. Usage Agreement with Clarke College
City Manager recommending approval to negotiate a Usage Agreement with Clarke
College for the use of Veterans’ Memorial Park Field #2.
Suggested Disposition: Receive and File; Approve
Clarke - MVM MemoClarke - Staff Memo
Clarke - Usage
Agreement
6. I-Jobs Affordable Housing Program Assistance Grant Application
City Manager recommending approval of an I-Jobs Affordable Housing Assistance
Grant application to the Iowa Finance Authority for the Historic Washington
Neighborhood Rowhouse Project.
RESOLUTION
Approving an I-Jobs Affordable Housing Program Assistance Grant
Application to the Iowa Finance Authority for the Historic Washington Neighborhood
Rowhouse Project
Suggested Disposition: Receive and File; Adopt Resolution
I-Jobs - MVM MemoI-Jobs - Staff MemoI-Jobs - Resolution
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7. Safe Community Task Force
City Manager transmitting an update on the progress of the Safe Community Task
Force.
Suggested Disposition: Receive and File
Task Force - Staff Neighborhood Mgmt of Physical Research and FactsEnforcement
Task Force - MVM
MemoEngagementEnvironment
Memo
8. Shot Tower Rehabilitation Project – Phase I
City Manager recommending award of the contract for the Shot Tower Rehabilitation
Project – Phase I to Klauer Construction Co. in the base bid amount of $520,400.00.
RESOLUTION
Awarding public improvement contract for the Shot Tower Rehabilitation
Project – Phase I
Suggested Disposition: Receive and File; Adopt Resolution
Shot Tower - MVM Shot Tower - Staff
Shot Tower - Shot Tower - Bid Tab
MemoMemo
Resolution
9. Federal Legislative Priorities
City Manager recommending approval of the City’s 2010 Federal Legislative Priorities.
Suggested Disposition: Receive and File; Approve
Priorities - MVM Legislative Priorities
Memo
10. Fiscal Year 2011 Budget Policy Guidelines
City Manager recommending approval of the Budget Policy Guidelines for Fiscal Year
2011.
Suggested Disposition: Receive and File; Approve
Guidelines - MVM Guidelines - Staff Policy Guidelines
MemoMemo
COUNCIL MEMBER REPORTS
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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,
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
December 17, 2009
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