2 15 10 City Counci Agenda Without Icons
ROLL CALL ORDER
FOR MEETING OF
2/15/10
VOETBERG
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:30 P.M. – SPECIAL MEETING – CONVENTION AND VISITORS BUREAU
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, FEBRUARY 15, 2010
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Kathleen Milligen, St. John's Episcopal Church
PROCLAMATIONS
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League of Women Voters 90 Anniversary Week (February 15 – 20, 2010)
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
Cable TV Telelprogramming Commission of 1/5; City Conference Board of 3/11/09 and
1/14/10; City Council of 2/1, 2/8 and 2/10; Investment Oversight Advisory Commission
of 2/4; Library Board of Trustees of 12/17; Plumbing Board of 2/4; Zoning Advisory
Commission of 2/3; Zoning Board of Adjustment of 1/28
Proofs of publication of City Council Proceedings of January 19, 2010 and List of Claims
and Summary of Revenues for month ended December 2009
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Investment Oversight Commission 67 Quarterly Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Schwan’s Home Service, Inc. for vehicle damage; Dorothy L. Lester for personal injury
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: Schwan’t
Homes Service, Inc. for vehicle damage; Dorothy L. Lester for personal injury and
Lester Leubka for personal injury
Suggested Disposition: Receive and File; Concur
3. Salt Dome Conveyor Project
City Manager recommending acceptance of the Salt Dome Conveyor Project as
completed by Conlon Construction in the final contract amount of $155,805.
RESOLUTION
Accepting the Salt Dome Conveyor Project and authorizing payment of
the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
4. Montcrest Street Sanitary Sewer Extension Project
City Manager recommending acceptance of the Montcrest Street Sanitary Sewer
Extension Project as completed by McDermott Excavating in the final contract amount
of $66,822.14, and approval of the final schedule of assessments.
RESOLUTION
Accepting the Montcrest Street Sanitary Sewer Extension Project and
authorizing payment of the contract amount to the contractor
RESOLUTION
Adopting the final schedule of assessments for the Montcrest Street
Sanitary Sewer Extension Project
Suggested Disposition: Receive and File; Adopt Resolutions
5. 2009 Manhole Replacement Project
City Manager recommending acceptance of the 2009 Manhole Replacement Project as
completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of
$65,472.92.
RESOLUTION
Accepting the 2009 Manhole Replacement Project and authorizing
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
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6. 2009 Intake Reconstruction Project
City Manager recommending acceptance of the 2009 Intake Reconstruction Project as
completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of
$90,906.45.
RESOLUTION
Accepting the 2009 Intake Reconstruction Project and authorizing
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
7. North Fork Catfish Creek Project – Acceptance of Easements
City Manager recommending approval of the acceptance of easements in connection
with the North Fork Catfish Creek Project.
RESOLUTION
Accepting a Grant of Easement for sanitary sewer for North Fork Catfish
Creek in the City of Dubuque, Iowa – Car-Ann-Jo LLC
RESOLUTION
Accepting a Grant of Easement for sanitary sewer, storm sewer and
walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Dubuque
Community Church
RESOLUTION
Accepting a Grant of Easement for sanitary sewer for North Fork Catfish
Creek in the City of Dubuque, Iowa – Yiannias Place
RESOLUTION
Accepting a Grant of Easement for sanitary sewer for North Fork Catfish
Creek in the City of Dubuque, Iowa - Avenarius
RESOLUTION
Accepting a Grant of Easement for sanitary sewer, storm sewer and
walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Mattroy, LLC
RESOLUTION
Accepting a Grant of Easement for sanitary sewer for North Fork Catfish
Creek in the City of Dubuque, Iowa – Selchert Place
Suggested Disposition: Receive and File; Adopt Resolutions
8. South Siegert Farm Lease Extension
City Manager recommending approval of an amendment of the farm lease with William
and Janet Siegert for the North Siegert Farm to provide for a one year lease extension.
RESOLUTION
Approving an amendment to the farm lease between the City of
Dubuque, Iowa and William and Janet Siegert
Suggested Disposition: Receive and File; Adopt Resolution
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9. Amendment to Lease Agreement – Dubuque by Carriage
City Manager recommending approval of the Eighth Amendment to the lease
agreement with Carole Lindstrom of “Dubuque by Carriage” to extend the original lease
of the former Dock Board building until April 30, 2012.
Suggested Disposition: Receive and File; Approve
10. Stipulation of Settlement – Property Tax Appeal
City Attorney recommending approval of the Stipulation of Settlement for the Blue Moon
Development Company 2009 property tax appeal for the Dubuque/Galena Holiday Inn
Hotel located at 450 Main Street.
Suggested Disposition: Receive and File; Approve
11. 2009 Urban Revitalization Program Applications
City Manager recommending approval of 2009 Urban Revitalization Program
applications for residential property tax exemptions.
RESOLUTION
Approving residential property tax exemption applications
submitted by property owners in recognized urban revitalization areas and
authorizing the transmittal of the approved applications to the City Assessor
Suggested Disposition: Receive and File; Adopt Resolution
12. Black Hills Energy – Contract for Water Meter Reading
City Manager recommending approval of a revised contract with Black Hills Energy to
extend the contract for water meter reading through December 2011 for completion of
the water meter replacement project.
Suggested Disposition: Receive and File; Approve
13. 418 / 420 Emmett Street – Lot Split
Zoning Advisory Commission recommending approval of a lot split at 418 / 420 Emmett
Street to create two new substandard lots.
RESOLUTION
Approving a plat of survey of Wedig Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
14. Legislative Correspondence
Communication to State Legislators providing a position statement on House Study Bill
573 relating to flood plain management.
Communication to State Legislators in opposition to House Study Bill 608 concerning
500 year flood plain regulation.
Suggested Disposition: Receive and File
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15. 2009 National Park Service Annual Products Report
City Manager transmitting the 2009 National Park Service Annual Products Report and
Baseline Questionnaire.
Suggested Disposition: Receive and File
16. HOME Partnership Program
Communication from the Iowa Department of Economic Development advising that the
City of Dubuque’s HOME Partnership Program has been administered in substantial
compliance with finance and program requirements.
Suggested Disposition: Receive and File
17. Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
Vision Iowa Board intends to award the City of Dubuque a Community Attraction and
Tourism (CAT) marketing grant of $10,000 to promote the Art Market.
Suggested Disposition: Receive and File
18. PEG Capital Grant Expenditure Request
City Manager recommending approval of a request from the City of Dubuque for
$15,000 from the Capital Grant for Access Equipment and Facilities for a non-linear
editing system to replace the original non-linear editing system that is no longer able to
digitize video and is not powerful enough to meet our current editing needs.
Suggested Disposition: Receive and File; Approve
19. 2009 Certified Local Government (CLG) Annual Report
City Manager submitting the 2009 Certified Local Government (CLG) Annual Report.
Suggested Disposition: Receive and File
20. Safe Community Task Force Facilitator
City Manager recommending approval of a contract with Urban Strategies, Inc. to
facilitate the Safe Community Task Force.
Suggested Disposition: Receive and File; Approve
21. Business License Refund
Request of Jack Thompson for a refund of the cigarette license for Oky Doky #6 in the
amount of $50.00.
Suggested Disposition: Receive and File; Approve
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22. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Oky Doky #8
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Mr. Rogers
Pub, Eagles Club, Bulldog Billiards, Gin Rickeys, Hammerheads and Tony’s Place; a
Class “B” Wine to Oky Doky #8; and a Class “WBN” Native Wine to National Mississippi
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River Museum and 16 Street Auto / Truck Plaza
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. Lease Agreement – Dubuque Bruisers Football
City Manager recommending that a public hearing be set for March 1, 2010 to consider
a lease agreement with Dubuque Bruisers Football for a section of Roosevelt Park.
RESOLUTION
Of intent to dispose of an interest in real property by lease agreement
with Dominick Locascio, Owner, Dubuque Bruisers Football
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/1/10
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2. Utility Relocation Project – 9 to 10 Street
City Manager recommending initiation of the public bidding process for the Utility
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Relocation Project – 9 to 10 Street and that a public hearing be set for March 1, 2010,
to consider approval of the plans and specifications, form of contract and estimated
cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Utility Relocation
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Project – 9 to 10 Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/1/10
3. Fiscal Year 2011 Operating Budget and Capital Improvement Program
City Manager recommending that a public hearing be set for Tuesday, March 9, 2010 to
consider adoption of the Fiscal Year 2011 Operating Budget and Capital Improvement
Program.
RESOLUTION
Setting the date for the public hearing on the Fiscal Year 2011 Budget
for the City of Dubuque
RESOLUTION
Setting the date for the public hearing on the Five Year Capital
Improvement Program for Fiscal Years 2011 through 2015 for the City of Dubuque
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Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3/9/10
BOARDS/COMMISSIONS
Appointments to the following Commission:
Community Development Advisory Commission
Three 3-year terms through February 15, 2013 (Low/Moderate Income Term of Caldwell and
At-Large Term of Maloy)
Applicants:
Theresa Caldwell, 1633 Elm Street – Low/Moderate Income Area
Paula Maloy, SVM, 2950 Kaufmann Avenue – At-Large
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 – Historic Millwork District
Proof of publication on notice of public hearing to consider a request from the City of
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Dubuque to rezone property located south of 12 Street, east of White Street and west
of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District to
PUD Planned Unit Development District with a PC Planned Commercial designation for
the Historic Millwork District PUD and Zoning Advisory Commission recommending
approval.
City Manager recommending that the Historic Millwork District PUD ordinance be
referred back to the Zoning Advisory Commission to consider an amendment to the
PUD in response to concerns expressed by some property owners.
ORDINANCE
Amending Title 16, the Unified Development Code of the City of Dubuque
Code of Ordinances, by reclassifying hereinafter described property located south of
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12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown
Commercial and HI Heavy Industrial District to PUD Planned Unit Development District
with a PC Planned Commercial designation for the Historic Millwork District PUD
Suggested Disposition: Receive and File; Motion B; Motion A
2. Electric and Gas Franchise Fee Ordinances
Proof of publication on notice of public hearing to consider ordinances increasing the
franchise fee under the City’s Electric and Gas Franchises with Alliant Energy, Black
Hills Energy and Maquoketa Valley Electric Cooperative from two percent to three
percent and City Manager recommending approval.
ORDINANCE
Increasing the franchise fee of two percent (2%) of the gross revenue of
Alliant Energy, its successors and assigns, generated from the sale of electricity within
the City of Dubuque to three percent (3%)
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ORDINANCE
Increasing the franchise fee of two percent (2%) of the gross revenue of
Black Hills Energy Corporation, its successors and assigns, generated from the sale of
natural gas within the City of Dubuque to three percent (3%)
ORDINANCE
Increasing the franchise fee of two percent (2%) of the gross revenue of
Maquoketa Valley Energy Cooperative, its successors and assigns, generated from the
sale of electricity within the City of Dubuque to three percent (3%)
Suggested Disposition: Receive and File; Motion B; Motion A
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. Request to Address the City Council
Request of Cindy Kuhlmann, 1137 Oak Street, to address the City Council in opposition
to the construction of multi-family housing on Oak Street.
Suggested Disposition: Receive and File; Council
2. Preliminary Plat – Felderman Subdivision
Zoning Advisory Commission recommending approval of the preliminary plat of
Felderman Subdivision located on the Northwest Arterial / Arboretum Drive.
Suggested Disposition: Receive and File; Approve
3. Downtown Housing Incentive Awards
City Manager recommending approval of four projects to receive certain incentives to
create new housing units within the Greater Downtown Urban Renewal District and
authorization to negotiate specific contracts.
RESOLUTION
Approving certain awards from the Downtown Housing Incentive Pool to
create new market-rate housing units within the Greater Downtown Urban Renewal
District
Suggested Disposition: Receive and File; Adopt Resolution
4. Free Ride Program with Dubuque Community School District
City Manager recommending approval to renew the Free Ride Program with the
Dubuque Community School District for the school year of August 1, 2009 through July
31, 2010.
Suggested Disposition: Receive and File; Approve
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5. Accessible Parking Snow Removal
City Manager recommending approval of an amendment to the City’s Accessible
Parking Ordinance which makes property owners, or the property owner’s designee,
responsible for the removal of snow from accessible parking spaces and access aisles
and prohibits storing snow on accessible spots and access aisles.
ORDINANCE
Amending Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division
6 Parking Spaces for the Disabled, Section 9-14-321.705 Prohibited Use of Parking
Places or Identification Devices of the City of Dubuque Code of Ordinances by adding a
new Subsection C Snow Removal requiring the owner of any lot or parcel with
accessible parking spaces and access isles from allowing accumulations of snow or ice
thereon
Suggested Disposition: Receive and File; Motion B; Motion A
6. Final Report of the Sustainability Task Force
City Manager transmitting the final report on the activity of the Sustainability Task Force
and recommending adoption of Dubuque’s Sustainability Vision, Three-Part Model, and
eleven Sustainability Principles as developed by the Sustainability Task Force.
Suggested Disposition: Receive and File; Approve
7. Cell Phone Ordinance (First Reading on February 1, 2010)
Communications from Ron Farni, Phillip Seer, Carolyn Thirtle, OSF, and Elaine and
Vern Steil (submitting petition) regarding the proposed cell phone ordinance.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles
and Traffic, Chapter 10 Miscellaneous Rules, by adding a new Section 9-10-400
Prohibiting the Use of Electronic Communications Devices While Driving a Motor
Vehicle
Suggested Disposition: Receive and File; Motion B; Motion 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.
CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa
Collective Bargaining Strategy – Chapter 20.17(3) Code of Iowa
Jeanne F. Schneider
February 11, 2010
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