3 1 10 City Council Agenda with Icons
ROLL CALL ORDER
FOR MEETING OF 3/1/10
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MARCH 1, 2010
PLEDGE OF ALLEGIANCE
INVOCATION
Dr. Reverend Winston Persaud, Wartburg Seminary
PROCLAMATION
Recognition of Lieutenant Scott Baxter
Scott Baxter
Proclamation
REPORT ON INITIATIVES TO ADDRESS CRIME AND SAFETY
Report on Crime and Report on Crime and Report on Crime and
Safety - MVM MemoSafety - Staff MemoSafety
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 February 11, 15 and 16; Civil Service Commission of 12/11 and 2/16;
Housing Commission of 1/26; Historic Preservation Commission of 2/18; Human Rights
Commission of 1/11; Long Range Planning Advisory Commission of 2/17; Park and
Recreation Commission of 2/9
Library Board of Trustees Update from the Meeting of January 28 and Special Meeting
of February 11, 2010
Proofs of publication of City Council Proceedings of February 1, 8, 10, and 11, 2010
Suggested Disposition: Receive and File
City Council - 2/11City Council - 2/15City Council - 2/16Civil Service - 12/11Civil Service - 2/16Housing Commission
Historic PreservationHuman RightsLong Range PlanningPark and RecreationLibrary Board Update
2. Notice of Claims/Suits
Hazel Curiel for vehicle damage; Everett Corley for vehicle damage; Elmer Robinson 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: Elmer Robinson
for vehicle damage; Hazel Curiel for vehicle damage
Suggested Disposition: Receive and File; Concur
Claims - ICAP
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3. Deborah and Jeffrey Drive Drain Tile Program
City Manager recommending acceptance of the Deborah and Jeffrey Drive Drain Tile
Program as completed by Top Grade Excavating, Inc., in the final contract amount of
$44,407.74.
RESOLUTION
Accepting the Deborah and Jeffrey Drive Drain Tile Project and
authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Drain Tile - MVM Drain Tile - Staff Drain Tile - Project Close Out
MemoMemoResolutionForm
4. Oak Grove Sanitary Sewer and Water Main Extension Project
City Manager recommending acceptance of the Oak Grove Sanitary Sewer and Water
Main Extension Project as completed by Drew Cook and Sons Excavating Co., Inc. in
the final contract amount of $128,564.81.
RESOLUTION
Accepting the Oak Grove Sanitary Sewer and Water Main Project and
authorizing payment of the contract amount to the contractor
RESOLUTION
Adopting the final assessment schedule for the Oak Grove Sanitary
Sewer and Water Main Extension Project
Suggested Disposition: Receive and File; Adopt Resolutions
Oak Grove - MVM Oak Grove - Staff Oak Grove - Final Assessment Oak Grove - Close
MemoMemoResolutionsScheduleOut Form
5. City Development Board
Notice of public hearing from the City Development Board in the matter of the City of
Asbury voluntary annexation including non-consenting owners within the urban area of
the City of Dubuque.
Suggested Disposition: Receive and File
City Development Bd
Ltr
6. Urban Forest Evaluation Proposals
City Manager recommending approval of the selection of Confluence as the City’s
consultant for the Urban Forest Evaluation project and that City staff be authorized to
negotiate a contract for services.
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Suggested Disposition: Receive and File; Approve
Urban Forest - MVM Urban Forest - Staff
MemoMemo
7. Miller Riverview Park – Management Agreement
City Manager recommending approval of the Management Agreement for camping at
Miller Riverview Park with Kenneth M. Clayton.
Suggested Disposition: Receive and File; Approve
Park - MVM MemoPark - Staff MemoPark - Management
Agreement
8. Bunker Hill Golf Course – Management Agreement
City Manager recommending approval of a Management Agreement with G.M.S., Inc.
(George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1,
2010 and ending November 30, 2010.
Suggested Disposition: Receive and File; Approve
Golf Course - MVM Golf Course - Staff Golf Course - Mgmt
MemoMemoAgreement
9. Lead Poisoning Prevention Program Evaluation
City Manager transmitting information regarding the Health Services Department’s
participation in the Centers for Disease Control and Prevention (CDC) / Harvard School
of Public Health program evaluation for the City’s Childhood Lead Poisoning Prevention
Program.
Suggested Disposition: Receive and File
Evaluation - MVM Evaluation - Staff Dubuque CLPPP
MemoMemoEvaluation
10. Fiscal Year 2011 – 2015 Capital Improvement Program
Communication from the Long Range Planning Advisory Commission finding that the
Fiscal Year 2011 – 2015 Capital Improvement Program is consistent with the 2008
Dubuque Comprehensive Plan.
Suggested Disposition: Receive and File
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CIP - LRPAC Ltr
11. Fiscal Year 2011 – 2015 Consolidated Plan
Communication from the Long Range Planning Advisory Commission finding that the
Fiscal Year 2011 – 2015 Consolidated Plan is consistent with the 2008 Dubuque
Comprehensive Plan.
Suggested Disposition: Receive and File
Consolidated Plan - FY 2011-2015
LRPAC LtrConsolidated Plan
12. Response to EPA Notice Regarding Stormwater Management
City Manager transmitting City staff’s comments in response to the U.S. Environmental
Protection Agency’s (EPA) Notice regarding Stakeholder Input on Stormwater
Management.
Suggested Disposition: Receive and File
EPA - Staff MemoLetter to EPADSWCD Letter
EPA - MVM Memo
13. Request for Proposals – Transit Bus Wrap Advertisement
City Manager recommending rejection of the only bid in response to a Request for
Proposals for bus wrap advertisement and authorize a re-initiation of the Request for
Proposals.
Suggested Disposition: Receive and File; Approve
Bus Advertisement - Bus Advertisement -
MVM MemoStaff Memo
14. Mediacom
Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, advising that two channels will be added to the digital line-up on or about
March 3, 2010.
Suggested Disposition: Receive and File
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Mediacom Ltr
15. Citizen Communication
Communication from William C. Fuerste, 1360 South Grandview Avenue, commending
the City’s refuse collection service.
Suggested Disposition: Receive and File
Fuerste Ltr
16. Iowa Governor’s Traffic Safety Grants
City Manager recommending approval of two Iowa Governor’s Traffic Safety Bureau
grant applications.
Suggested Disposition: Receive and File; Approve
Safety Grants - MVM Safety Grants - Staff Safety Grants -
MemoMemoApplications
17. Electric Franchise Fee Resolutions
City Attorney recommending adoption of two resolutions to correct a typographical error
in two of the resolutions approving the Revenue Purpose Statements for the
amendments to the electric franchise fees.
RESOLUTION
Amending Resolution No. 28-10 which approved a Revenue Purpose
Statement for the use or expenditure of electric franchise fee revenues from the sale of
electricity by Alliant Energy within the City of Dubuque
RESOLUTION
Amending Resolution No. 30-10 which approved a Revenue Purpose
Statement for the use or expenditure of electric franchise fee revenues from the sale of
electricity by Maquoketa Valley Electrical Cooperative within the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions
Franchise Fee - BAL Franchise Fee -
MemoResolutions
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18. Request to FEMA to Change Flood Insurance Rate Map
City Manager recommending approval of a letter to be submitted to the Federal
Emergency Management Agency (FEMA) requesting removal of the new flood areas,
and additional correspondence from impacted property owners.
Suggested Disposition: Receive and File; Approve
FEMA - MVM MemoFEMA - Staff MemoLetter to FEMAFEMA - Citizen
Letters
19. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Police
Lieutenant, Police Captain, Assistant Fire Chief, Fire Captain, Assistant Fire Marshal,
EMS Supervisor and Fire Lieutenant.
Suggested Disposition: Receive and File; Make a Matter of Record
Police CaptainPolice LieutenantAsst Fire ChiefFire CaptainAsst Fire MarshalEMS Supervisor
Fire Lieutenant
20. Business License Refunds
Request of Jack Thompson, Oky Doky #6, for a refund of Beer and Liquor License
#LE0000442 in the amount of $100.00.
Request of Patrick O’Clock, The Riviera Lounge, for a refund of Cigarette License
#DBQ-067 in the amount of $75.00.
Suggested Disposition: Receive and File; Approve
21. 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 Hy-Vee #3 and Hy-
Vee Gas #3
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Ground
Round Restaurant, Mystique Casino and Yardarm Restaurant; a Special Class “C”
Liquor License to Mindframe Theaters; a Class “B” Wine Permit to Hy-Vee #3; and a
Class “WBN” Native Wine License to Hy-Vee Gas #3 and Bluff Street Brew Haus
Suggested Disposition: Receive and File; Adopt Resolutions
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Resolution #1Resolution #2
Renewals - MVM Renewals - Staff
MemoMemo
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Request to Rezone – Historic Millwork District
City Manager recommending that a public hearing be set for March 15, 2010 to consider
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a request from the City of 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.
Suggested Disposition: Receive and File; Public Hearing 3/15/10
Millwork District PUD Millwork District - Millwork District - Millwork District - Millwork District - Millwork District -
- MVM MemoStaff MemoZAC LtrOrdinanceExhibit AApplication
PUD Ordinance - Millword District - Millwork District - Millwork District - Millwork District - Suggested Motion
Staff MemoAvery EmailWhite LtrGronen EmailAttorney Ltr
2. Vacating Petition – Seippel Road
City Manager recommending that a public hearing be set for March 15, 2010 to consider
a request from Toby Kress, representing Kress Industrial Facility, LLC, to vacate and
release excess right-of-way easement along Seippel Road.
RESOLUTION
Of intent to dispose of interest and vacate roadway easement over Lot 1
of Seippel Road Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/15/10
Seippel Rd - MVM Seippel Rd - Staff Seippel Rd - Seippel Rd - Vicinity Seippel Rd - PlatSeippel Rd - Kress Ltr
MemoMemoResolutionMap
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3. Sale of Property – 1699 Washington Street
City Manager recommending that a public hearing be set for March 15, 2010 to consider
the sale of real estate located at 1699 Washington Street to Christina Krier as part of
the Neighborhood Stabilization program.
RESOLUTION
Of intent to dispose of City-owned property, specifically, Lot Two of Lot
Eighty-Six in East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa,
according to the recorded plat thereof – 1699 Washington Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/15/10
1699 Washington - 1699 Washington - 1699 Washington -
MVM MemoStaff MemoResolution
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.
Civil Service Commission Mayor Appointment
One 4-year term through April 6, 2014 (Term of Schilling)
Applicants:
Tom Rawson, 2310 Knob Hill Drive
Jim Schilling, 3283 Bittersweet Lane
Mechanical Board
Two 3-year terms through March 16, 2013 (Terms of Kelly, Papin and Bandy)
Applicants:
Michael Kelly, 2875 Timber Line Drive
Paul Papin, 2955 Jackson Street
Zoning Board of Adjustment
One 5-year term through March 25, 2015 (Term of Ruden)
Applicant:
Ryan Anglese, 2752 Carlton Avenue
Michael Ruden, 3256 Arrowwood Lane
Board and Civil Service Mechanical Bd Zoning Board of Adj
Overview Sheet
Commission ListApplicationsApplicationsApplications
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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. Lease Agreement – Dubuque Bruisers Football
Proof of publication of notice of public hearing to consider a lease agreement with
Dubuque Bruisers Football for a section of Roosevelt Park and City Manager
recommending approval.
RESOLUTION
Disposing of an interest in real property by lease agreement with
Dominick Locascio, Owner, Dubuque Bruisers Football
Suggested Disposition: Receive and File; Adopt Resolution
Lease Agr - MVM Lease Agr - Staff Lease Agr - Lease Agreement
MemoMemoResolutionwith Exhibits
Material from February 15, 2010 City Council Meeting
Dubuque Bruisers - Dubuque Bruisers - Dubuque Bruisers -
MVM MemoStaff MemoResolution
thth
2. Utility Relocation Project – 9 to 10 Street
Proof of publication on notice of public hearing to consider approval of the plans and
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specifications, form of contract and estimated cost for the Utility Relocation Project – 9
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to 10 Street and City Manager recommending approval.
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost,
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for the Utility Relocation Project – 9 to 10 Street
Suggested Disposition: Receive and File; Adopt Resolution
Utility Relocation - Utility Relocation - Utility Relocation -
MVM MemoStaff MemoResolution
Material from February 15, 2010 City Council Meeting
Relocation - MVM Relocation - Staff Relocation -
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. Liquor License Renewal Application – Players Sports Bar
City Manager recommending disapproval of the liquor license renewal application of
Players Sports Bar located at 1902 Central Avenue.
Suggested Disposition: Receive and File; Concur with Disapproval
Players - MVM MemoPlayers - Staff MemoPlayers - Powerpoint
2. Historic Preservation Commission – 3040 Elm Street
Communication from the Historic Preservation Commission recommending that the City
Council not remove 3040 Elm Street from the Brewery Conservation District as
requested by Kane, Norby and Reddick P.C. on behalf of LK Development and Storage.
Suggested Disposition: Receive and File; Concur
3040 Elm - HPC Ltr3040 Elm - Staff 3040 Elm - MVM / 3040 Elm - Attorney 3040 Elm - PhotoConservation District
MemoStaff MemoLtrMap
Site Inventory Form3040 Elm - Gronen District Background 3040 Elm - Additional 3040 Elm - Mozena
LtrInfoPhotosEmail
3. Expanded Study on Crime and Poverty – Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals to
conduct an expanded study on crime and poverty.
Suggested Disposition: Receive and File; Approve
Expanded Study - Expanded Study - Expanded Study -
MVM MemoStaff MemoRFP
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4. Analysis of Impediments to Fair Housing
Communication from the Long Range Planning Advisory Commission advising that the
Fiscal Year 2011 – 2015 Analysis of Impediments to Fair Housing is consistent with the
2008 Dubuque Comprehensive Plan.
Suggested Disposition: Receive and File
Analysis - LRPAC LtrAnalysis of
Impediments
5. Second Recommendation for Downtown Housing Incentive Award
City Manager recommending approval for staff to negotiate a loan agreement in the
amount of $226,000 with B&C Cathedral Development, LLC, for creation of 24 market
rate housing units to be located at 205 Bluff Street.
RESOLUTION
Approving an award to B & C Cathedral Development, LLC 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
Award - MVM MemoAward - Staff MemoAward - ResolutionDowntown Hsg
Incentive Agr
6. Request for Proposals – FEMA Flood Plain Mapping
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) to retain consultant services for map revisions to the FEMA Flood Plain Map.
Suggested Disposition: Receive and File; Approve
FEMA RFP - MVM FEMA RFP - Staff
MemoMemo
7. Outdoor Warning Siren Activation Protocol
City Manager recommending adoption of the Outdoor Warning Siren Activation
Protocol, as established by the Davenport office of the National Weather Service.
Suggested Disposition: Receive and File; Approve
Protocol - MVM MemoProtocal - Staff
Memo
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8. Water Pollution Control Plant Design
City Manager recommending approval for Strand Associates to submit the design for
the Water Pollution Control Plant upgrades to the Iowa Department of Natural
Resources for review, and further authorize City staff to complete and submit the
application for a construction permit.
Suggested Disposition: Receive and File; Approve
WPCP - MVM MemoWPCP - Staff MemoOpinion of Capital IDNR Application
CostForm
9. Snow Route Addition
City Manager recommending approval of a revision to the City’s snow route parking
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restriction system in response to a petition received from residents on East 24 Street
requesting that their street be added.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Chapter 14 Parking,
Division 5 Restrictions during Snow Removal, Section 9-14-321.682 Snow Route,
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Restricted Parking, by adding East 24 Street from Windsor Avenue to Central Avenue
as a snow route
Suggested Disposition: Receive and File; Motion B; Motion A
Snow Route - MVM Snow Route - Staff Snow Route - Suggested Motion
MemoMemoOrdinance
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.
Jeanne F. Schneider
February 25, 2010
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