12 21 09 Clerk's Skeleton Notes and Meeting CallSPECIAL SESSION, DECEMBER 21, 2009
COUNCIL MET IN SPECIAL SESSION AT 5:30 P.M. IN THE TRAFFIC CONTROL CENTER
AT CITY HALL
PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CONNORS, JONES, LYNCH,
RESNICK, VOETBERG
CITY MANAGER VAN MILLIGEN; CITY ATTORNEY LINDAHL
ABSENT:
Mayor Buol read the call and stated this is a special session of the City Council to tour the
Traffic Control Center at City Hall.
Motion to adjourn at ~~ ~~
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
CITY COUNCIL REGULAR SESSION, DECEMBER 21, 2009
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING ~ ;
~` //
PRESE ~T: MAY ~ BUOL, COUNCIL MEMBERS QRAIG, CON~VORS, JONES, LYNCH,
RESN ~K VOEI'BERG
~. ~ ,
CITY MANAGER VA ILLIGEN; CITY ATTORNEY INDAHL
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: Major Tom Mason, Salvation Army
2
CONSENT ITEMS
/A-Y
' / Lynch
/"; Resnick
/ ~ Voetberg
/ ~ Braig
/ uol
/~ onnors
/ Jones
1.
2.
3.
4.
Minutes and Reports Submitted
Nays
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
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
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
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
~~
~~~
3
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
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
7. 2009 Annual Tax Increment Financing (TIF) Report
City Manager transmitting the 2009 Annual Tax Increment Financing (TIF) Report.
Suggested Disposition: Receive and File
8. Dubuque Human Rights Commission Annual Report
City Manager transmitting the 2009 Dubuque Human Rights Commission Annual
Report.
Suggested Disposition: Receive and File
9. General Obligation Urban Renewal Bond Proceeds -New Parking Ramp
City Manager recommending approval to reassign the remaining General Obligation
Urban Renewal Bond proceeds for the ramp construction at 10t Street and Central
Avenue.
RESOLUTION ~~~~ Re-allocating funds
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
4
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
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.
RESOLUTION ~w ~ Approving and authorizing a form of Loan and
Disbursement 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
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
5
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
13. Barton Randle Second Addition -Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Barton
Randle Second Addition.
RESOLUTION '~~o~ Approving a Plat of Survey of Barton Randle Second
Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt 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
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 y~~ 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
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
6
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
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
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
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
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
7
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
21. Signed Contracts
-- Water Pollution Control Plant Replacement Project -Strand Associates, Inc.
Amendment #1 Clarification
-- Ecosmart Building Professional Services Agreement
Suggested Disposition: Receive and File
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 ~~~f 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 j,~~
Ayes
~'; Lynch
/ esnick
/ oetberg
Braig
Buol
Connors
Jones
Nays
8
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 L/~~ 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
yes Nays
;~. Lynch
/ .Resnick
/'~ ; ~ Voetberg
Brai
/ g
/ ~ Buol
~% onnors
Jones
9
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
A,~fes Nays
// ~ ynch
esnick
/ ,; Voetberg
/ Braig
/ ,, Buol
%i Connors
Jones
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 I
R.R.S. (Rachael) Stewart, 460 Summit Street ~~
Robert Yunk, 815 Rose Street, #2
Lynch .esnick V ~ etberg Braig Buol bnnors J , nes
Apel
Bolden
Sutton ;'
Sharrad
Stewart
Yunk
10
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
Na
~jAyl% Lynch Ys
Resnick
/ %" Voetberg
rai
/ ~ ~ Buog
/ Connors
Jones
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
k
- Voetberg
/ ~~)Braig
// Buol
Connors
Jones
1 Aye L nch
Y
Resnic
1. Request to Rezone -Commerce Park
Nays
G~
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
Suspend the Readings
Ayes ,
~~, Buol
'; Connors
//;Jones
;Lynch
Resnick
,Voetberg
/Braig
Final Reading and Adopt
Nays Ayes Nayes
Buol
/ Connors
~% ~~ones
,~ - ynch
esnick
Voetberg
/ Braig
12
J
I~
~~~
i~
~`
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
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 Nec ssary)
~'
Suspend the Readings l~ Final Reading and Adopt
Aye
,~` Buol
~~~Connors
Jones
' L nch ~/
Y
Resnick
~~ ~ oetberg
Braig
REINSTATE THE RULES
This action limits discussion to the City Council.
yes
' Lynch
,~ Resnick
Voetberg
/ Braig
,/ ~ Buol
onnors
Jones
Ayes Nayes
Buol
~~ Connors
Jones
Lynch
Resnick
Voetberg
Braig
Nays
Nays
13
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
dyes Nays
// Lynch
/ Resnick
Voetberg
,/ raig
Buol
Connors
Jones
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
Ay s / Nays
ynch ./
j esnick
r Voetberg
~,- Braig
`; Buol
,:Connors
/ Jones
r~
14
3. Preliminary Master Plan for Roosevelt Park
~~~3~
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
i
ye Nays
Lynch
l:J .
Resnick
Voetberg
/ Braig
Buol
Connors
Jones
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 ~ ,~~
Ayes
~ Lynch
.Resnick
~~ Voetberg
/~~ ;Braig
Buol
,~ Connors
Jones
Nays
15
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
yes Nays
/ ~ Lynch
~J Resnick
Voetberg
Braig
/ ~ Buol
/ Connors
Jones
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
A~~s Nays
~/' ,, Lynch
Resnick
//~ j Voetberg
J Braig
Buol
Connors
/ones
16
,~
~~
7. Safe Community Task Force
City Manager transmitting an update on the progress of the Safe Community Task
Force.
Suggested Disposition: Receive and File
'yes
~- Lynch
/ Resnick
/ Voetberg
,/ Braig
Buol
Nays "
^1 Connors
. N ~ ~jllones
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 ~! d Awarding public improvement contract for the Shot
Tower Rehabilitation Project -Phase I
Suggested Disposition: Receive and File; Adopt Resolution
Axes
17
Lynch
,~~ Resnick
r oetberg
Braig
Buol
Connors
Tones
Nays
,~~/
~•
9. Federal Legislative Priorities
City Manager recommending approval of the City's 2010 Federal Legislative Priorities.
Suggested Disposition: Receive and File; Approve
Aye ~ Nays
~` ~ JLynch ~~
/ Resnick
/ Voetberg
/ ~ Brai
g
Buol
~~Connors
~ Jones ~ j
J
~~
q~
10. Fiscal Year 2011 Budget Policy Guidelines
City Manager recommending approval of the Budget Policy Guidelines for Fiscal Year
2011.
Suagested Disposition: Receive and File• Approve
J~ p~1~ CV
~~g F~~~
~~w~i ~
n
~i~
~e Nays
C~Lynch /
Resnick/
Voetberg
/ Braig
/' , Buol
/ Connors
Jones,/
I /I / ~_
N
n~
l
18
i~ ~
a~~
~`
b~
N .)
~~'
~ro~'IJ P ~v ~ 3~ ~
~ ~ ~~ ^~'
~P~
y~~~,~\ ~~~ ~V~~l~f~w
v
a ~~
~~
'~
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.
Motion to adjourn at ~-~`~~
Ayes Nays
Lynch
~/ Resnick
/ Voetberg
Braig
Buol
,,i Connors
Jones
19
- - __ ---
t/ .__ _-~~ _ ~ ~
------ -- =------ -- - ---------
--- ----- ----- ------ ------------ -
~~ ''
--
--- --- --
;i 1. / ~
U
-- -- ---
- - - - - ~~~ %~'~' - --- - - - ~/~' ~%G/----- - --- -
`~~
L
-- -- -- -
r
~ ~~
_.
~~~~
--
---
~~ 'ice ~ _ ----
_.
- _ _ _ ___
__ __ -
-- - - -
~'~ 1~y5 _. __ ~
J~/~ ~~//~J -
/~ '
- - -
~ ~~~~
~~ -~--~~
~'
-~ ~ --- --
--- - -- -- ~~~ - - ---- - J - J- - --- - - --
'_i~-l~ __ . _ -
~ - - --
__
i
- - -
- - ----- -
--- --- - -
-- ---- ._
- - - - -- - - - ---- - _ .~I
_ _ __-- _~
~.~
-- - -_~
^.-,
--- -
-~--
______ /
f
~ --~--
~ --~ ~ ys~ Vii/' - - - ~ --
~~
!- - -~
--
~~
.-t ~ ~
._.~
----------
---- -- ---~2~ -- - ------
- - --
- -- -
-- --
,~i~ - ~
- -~
_-~ ~,
~~~
-- - - ---
--- - - - - -- - -
----
~~~
- --- --
~o--- ---
~_
~ ~~ ~ ,~
~~r-G
---- ~---'- - ~ ---- -- -- --~~~ ~ - - - - --'`~~-e'~! '~ -
-, ~ / ~ ,~
---- ------------- - --- - - - ---- ---------
- ---------
---
- - --- ------ ------- -
-~~---
~-----
__
_.
~~~
-- - -- -
-------- -- - ---
- - __ 1
-- ---- __
-- - - -- --
- ---
_.
~~_
~~~, ~r~,~.~,ir~ ;~.~ ~e
~~p~~i
-- - -
~-->
- -- - --
-- - -
-- --
~-- ~~ J ~
- --- -- --
__--- ` /G
-- - -- - --
~- -- i
__ -- _1
----