3 15 10 City Councill Agenda with Icons
ROLL CALL ORDER
FOR MEETING OF
3/15/10
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MARCH 15, 2010
PLEDGE OF ALLEGIANCE
INVOCATION
Deacon Dave McGhee, Nativity Church
PROCLAMATIONS
Dubuque Visiting Nurse Association Centennial Week (March 28 – April 3, 2010)
Arts Education Month (March 2010)
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The 200 Anniversary of Julien Dubuque’s Death (March 24, 2010)
Julien Dubuque
VNA Centennial Arts Education
Anniversary
WeekMonth
PRESENTATION
American Eagle Airlines 2009 Station of the Year Award
American Eagle -
Press Release
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 Teleprogramming Commission of 2/2; City Conference Board of 2/1; City
Council of 2/24, 3/1, 3/2 and 3/9; Environmental Stewardship Advisory Commission of
3/2; Zoning Advisory Commission of 3/3; Zoning Board of Adjustment of 2/25
Proofs of publication of City Council Proceedings of February 15, 16, and 24, 2010
Library Board of Trustees Update from the Meeting of February 25, 2010
Suggested Disposition: Receive and File
Cable TVConference BdCity Council - 2/24City Council - 3/1City Council - 3/2City Council - 3/9
Environmental Zoning Advisory Zoning Bd of Library Bd Update
StewardshipCommissionAdjustment
2. Notice of Claims/Suits
Rebecca Kruse for vehicle damage; Antoine Clemons vs. Brian Wullweber and the City
of Dubuque; Sheena Gillen 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: Sheena Gillen
for vehicle damage; Everett Corley for vehicle damage; Rebecca Kruse for vehicle
damage
Suggested Disposition: Receive and File; Concur
Claims - ICAP
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3. 2008 Catch Basin Replacement Project
City Manager recommending acceptance of the 2008 Catch Basin Replacement Project
as completed by McDermott Excavating, Inc. in the final contract amount of $92,994.00.
RESOLUTION
Accepting the 2008 Catch Basin Replacement Project and authorizing
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Catch Basin - MVM Catch Basin - Staff Catch Basin -
MemoMemoResolution
4. Mediacom
Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, advising that on or about March 4, 2010 the Channels E!, HLN and Tru TV
will be added to the high definition line-up.
Suggested Disposition: Receive and File
Mediacom Ltr
5. Insurance Institute for Highway Safety
Special report from the Insurance Institute for Highway Safety on phoning while driving.
Suggested Disposition: Receive and File
IIHS Report
6. National League of Cities
Article from Nation’s Cities Weekly entitled “Cities Taking Action Against Distracted
Driving.”
Suggested Disposition: Receive and File
NLC Article
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7. Dubuque County Board of Supervisors
Communication from the Dubuque County Board of Supervisors requesting a meeting
with City representatives and the County Board of Health to discuss the potential of a
partnership with the City of Dubuque for future health service needs.
Suggested Disposition: Receive and File; Refer to City Manager
Board of Supv Ltr
8. Purchase of Property – 2315 Jackson Street
City Manager recommending approval of the acceptance of a Sheriff’s Deed for a two-
story dwelling located at 2315 Jackson Street.
RESOLUTION
Approving the acceptance of a Sheriff’s Deed for the east one-half of Lot
24A in L.H. Langworthy’s Addition to the City of Dubuque, County of Dubuque, Iowa
according to the recorded plat thereof, located at 2315 Jackson Street
Suggested Disposition: Receive and File; Adopt Resolution
2315 Jackson - MVM 2315 Jackson - Staff 2315 Jackson -
MemoMemoResolution
9. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities in the amount of $72,000 for Loras
College for the necessary equipment to operate shared educational Channel 17.
Suggested Disposition: Receive and File; Approve
PEG - MVM MemoPEG - Staff Memo
10. Rural Business Enterprise Grant (RBEG)
Communication to Bill Menner, State Director – Rural Development for the U.S.
Department of Agriculture, in support of the Rural Business Enterprise Grant (RBEG)
application to develop an assessment map for biomass fuel within the Greater Dubuque
region and northeast Iowa.
Suggested Disposition: Receive and File
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Menner Ltr
11. Council Appointments
Communication from the Iowa League of Cities requesting that City Council Member
Dirk Voetberg serve on the Legislative Policy Committee.
Communication from the National League of Cities advising that City Council Member
Dirk Voetberg has been appointed to the NLC 2010 Community and Economic
Development Policy and Advocacy Committee.
Communication from the National League of Cities advising that City Council Member
Kevin Lynch has been appointed to the NLC Information Technology and
Communications Policy and Advocacy Committee.
Suggested Disposition: Receive and File
Iowa League - NLC - Lynch Ltr
NLC - Voetberg Ltr
Voetberg
12. City Development Board
Notification from Steven R. McCann, Administrator – City Development Board, that a
public hearing in the matter of the City of Asbury voluntary annexation including non-
consenting owners within the urban area of the City of Dubuque will be held on April 14,
2010.
Suggested Disposition: Receive and File
City Dev Board
Notice
13. Dubuque County Board of Supervisors – FEMA
Communication from the Dubuque County Board of Supervisors in support of the City’s
efforts of involvement with the property owner appeals process related to the recently
revised Federal Emergency Management Agency’s preliminary flood plain maps.
Suggested Disposition: Receive and File
Bd of Supvs Ltr -
FEMA
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14. Fiscal Year 2011 Wage Plan and Compensation Package for Non-Bargaining Unit
Employees
City Manager recommending approval of the Fiscal Year 2011 Wage Plan and
Compensation Package for non-bargaining unit employees.
RESOLUTION
Approving the Wage Plan and Compensation Package for non-
bargaining unit employees for Fiscal Year 2011
Suggested Disposition: Receive and File; Adopt Resolution
Wage Plan - MVM Wage Plan - Staff Wage Plan - FY 2011 Wage Plan
MemoMemoResolution
17. Amendment to Collective Bargaining Agreement – Teamsters Local No. 120
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement with the Teamsters Union to provide for a work week that consists of ten
hours per day and four days per week for the Airport Maintenanceworkers and Airport
Mechanic.
Suggested Disposition: Receive and File; Approve
Teamsters - MVM Teamsters - Staff Teamsters -
MemoMemoAmendment
18. Tobacco Use Prevention and Control Community Partnership Grant
Letter of support for the Hillcrest Family Services / Dubuque County application for
funds through the Tobacco Use Prevention and Control Community Partnership Grant.
Suggested Disposition: Receive and File; Approve
Tobacco Use
Prevention Ltr
19. Housing Commission
Communication from the Housing Commission regarding the minutes of the
Enforcement Subcommittee of the Safe Community Task Force meeting of January 20,
2010.
Suggested Disposition: Receive and File
Housing Commission
Ltr
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20. Signed Contracts
-- Qwest contract related to the parking ramp at 975 Central Avenue
-- Agreement for Architectural and Project Plan Review for Energy Star Certification and
Utility Rebates with Eco Smart Building, PC for the new parking ramp
Suggested Disposition: Receive and File
Qwest Contract
Eco Smart Building
Agr
21. Business License Refunds
Request of Bammers Sports Bar and Grill, LLC for a refund of Beer and Liquor License
#LC0037050 in the amount of $422.50.
Request of Donald W. Geiger, A & B Tap, for a refund of Beer and Liquor License
#LC0034101 in the amount of $633.75.
Suggested Disposition: Receive and File; Approve Refunds
22. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of one new cigarette license to O’Clock Industries
Incorporated
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Bunker Hill
Golf Course, Salsa’s Mexican Restaurant, P.J. Tap, Neighbor’s, and Rosewood Diner/
Supper Club
Suggested Disposition: Receive and File; Adopt Resolutions
Renewals - 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. Fiscal Year 2011 – 2015 Consolidated Plan and Analysis of Impediments to Fair
Housing
City Manager recommending that a public hearing be set for April 19, 2010 to consider
approval of the Fiscal Year 2011 – 2015 Consolidated Plan and Analysis of
Impediments to Fair Housing.
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RESOLUTION
Setting a public hearing on the Fiscal Year 2011 – 2015 Consolidated
Plan for Housing and Community Development
RESOLUTION
Setting a public hearing on the Analysis of Impediments to Fair Housing
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/19/10
Plan - MVM MemoPlan - Staff MemoPlan - ResolutionsPlan - Priorities / Consolidated PlanAnalysis of
ObjectivesImpediments
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.
Community Development Advisory Commission
One 3-year term through February 15, 2013 (At-Large Term of Gukeisen)
Applicant:
Peter Koshakji, 1076 ½ University Avenue
Appointments to the following Boards/Commissions:
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 SheetCDAC Application
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. University of Dubuque – Request to Amend ID Institutional District
Proof of publication on notice of public hearing to consider a request from the University
of Dubuque to amend the University of Dubuque ID Institutional District to allow for an
expanded parking lot near the corner of Finley and West Streets (2320 / 2350 West
Street and 1211 Finley Street) and Zoning Advisory Commission recommending
approval.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by providing for the approval of an amended campus development
plan to allow construction of an expanded parking lot for the University of Dubuque ID
Institutional District near the corner of Finley and West Streets
Suggested Disposition: Receive and File; Motion B; Motion A
UD - ZAC LtrUD - ApplicationUD - Vicinity MapUD - PlatUD - Staff ReportUD - Aerial Views
UD - OrdinanceSuggested Motion
2. Bethany Home – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Glinda
Manternach, Bethany Home, to rezone property located at 921 / 925 Lincoln Avenue
from R-2A Alternate Two-Family Residential District to R-3 Moderate Density Multi-
Family Residential District and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 921 / 925
Lincoln Avenue from R-2A Alternate Two-Family Residential District to R-3 Moderate
Density Multi-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Bethany Home - ZAC Bethany Home - Bethany Home - Bethany Home - Bethany Home - Bethany Home -
LtrApplicationVicinity MapStaff ReportAerial MapOrdinance
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Suggested Motion
3. Dubuque Property Investments, LLC – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Greg Prehm /
Dubuque Property Investments, LLC, to rezone property located at 2639 University
Avenue (Lots 46 through 50 of the Lenox Addition along Beverly Avenue) from R-1
Single-Family Residential District to R-2 Two-Family Residential District and Zoning
Advisory Commission recommending denial.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 2639
University from R-1 Single-Family Residential District to R-2 Two-Family Residential
District
Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion
A (Super Majority Vote Necessary)
2639 University - 2639 University - 2639 University - 2639 University - 2639 University - 2639 University -
ZAC LtrApplicationVicinity MapStaff ReportPhotosOrdinance
2639 University - 2639 University - Suggested Motion
Opposition LtrsComplaint Ltr
4. 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.
ORDINANCE
Amending Title 16, of the City Of Dubuque Code Of Ordinances, Unified
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Development Code, by reclassifying hereinafter described 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; Motion B; Motion A
Millwork District - Millwork District - Millwork District - Millwork District - PUD Ordinance - Millword District -
ZAC LtrOrdinanceExhibit AApplicationStaff MemoAvery Email
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Millwork District - Millwork District - Millwork District - Suggested Motion
White LtrGronen EmailAttorney Ltr
5. Vacating Petition – Seippel Road
Proof of publication on notice of public hearing to consider a request from Toby Kress,
representing Kress Industrial Facility, LLC, to vacate and release excess right-of-way
easement along Seippel Road and City Manager recommending approval.
RESOLUTION
Disposing of interest and vacate an excess easement for public roadway
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
Seippel Rd - MVM Seippel Rd - Staff Release of EasementSeippel Rd -
MemoMemoResolution
Material from March 1, 2010 City Council Meeting
Seippel Rd - MVM Seippel Rd - Staff Seippel Rd - Seippel Rd - Vicinity Seippel Rd - PlatSeippel Rd - Kress Ltr
MemoMemoResolutionMap
6. Sale of Property – 1699 Washington Street
Proof of publication on notice of public hearing to consider the sale of real estate
located at 1699 Washington Street to Christina Krier as part of the Neighborhood
Stabilization Program and City Manager recommending approval.
RESOLUTION
Disposing 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 located at 1699 Washington Street
Suggested Disposition: Receive and File; Adopt Resolution
1699 Washington - 1699 Washington - 1699 Washington -
MVM MemoStaff MemoResolution
Material from March 1, 2010 City Council Meeting
1699 Washington - 1699 Washington - 1699 Washington -
MVM MemoStaff MemoResolution
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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. Request to Address the City Council
Request of Sandy Amberg to address the City Council to present a petition asking that
fluoride be removed from Dubuque’s water.
Request of Shane Duncan to address the City Council regarding the dangers of fluoride.
Suggested Disposition: Receive and File; Council
Amberg - RequestAmberg - Email #1Amberg - Email #2Duncan Request
2. Sunset Ridge
Communication from Tim McNamara, 700 Sunset Ridge, submitting a petition regarding
the reconstruction of Sunset Ridge and requesting to be heard by the City Council.
Suggested Disposition: Receive and File; Refer to City Manager
Sunset Ridge - Ltr /
Petition
3. Downtown Rehabilitation Loan and Façade Grant
City Manager recommending approval of a letter of commitment for a Downtown
Rehabilitation Loan for $300,000, a Façade Grant of $10,000, Design Grant of $10,000,
and a Financial Consultant Grant of $15,000 for Helicon Management, LLC to support
their rehabilitation of property located at 756 Main Street (formerly Walker’s Shoe
Store).
RESOLUTION
Authorizing a Letter of Commitment and additional actions concerning a
Downtown Rehabilitation Loan and Façade Grant for property located at 756 Main
Street
Suggested Disposition: Receive and File; Adopt Resolution
756 Main - MVM 756 Main - Staff 756 Main - 756 Main - Ltr of Loan / Grant Appendix A, B, and
MemoMemoResolutionCommitmentApplicationC
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4. I-JOBS Grant Award
Press release from the Office of the Governor announcing that the City of Dubuque will
receive a $240,000 I-JOBS award to acquire and rehabilitate six historic row-house
apartments as part of the Washington Neighborhood Revitalization Plan.
Suggested Disposition: Receive and File
I-JOBS Press
Release
5. State of Iowa Direct Financial Assistance Application
City Manager recommending approval of the submission of a Direct Financial
Assistance program application to the Iowa Department of Economic Development in
the amount of $50,000 on behalf of Peninsula Gaming, LLC.
RESOLUTION
Authorizing the filing of a Financial Assistance Application to the Iowa
Department of Economic Development on behalf of Peninsula Gaming, LLC
Suggested Disposition: Receive and File; Adopt Resolution
Application - MVM Application - Staff Application - IDED Application
MemoMemoResolution
thth
6. Utility Relocation Project – 9 to 10 Streets
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City Manager recommending award of the contract for the Utility Relocation Project – 9
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to 10 Streets to Top Grade Excavating, Inc., in the amount of $710,860.87.
RESOLUTION
Awarding the public improvement contract for the Utility Relocation
thth
Project – 9 to 10 Streets: Sanitary Sewer, 20-inch Transmission Watermain, and
Fiber Optic Conduit
Suggested Disposition: Receive and File; Adopt Resolution
Utility Relocation - Utility Relocation - Utility Relocation - Utility Relocation -
MVM MemoStaff MemoResolutionBid Tab
7. Demolition and Moving Permits
City Manager recommending approval of amendments to the City of Dubuque Code of
Ordinances relating to demolition and moving permits.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Title 14 Building and
Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-1:
Permit Required; Section 14-2-2: Application for Permit; Section 14-2-3: Permit
Issuance; Generally; Section 14-2-4: Moratorium for Construction or Other Work on
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Certain Streets, Areas or Facilities; Section 14-2-5: Fees; Section 14-2-6: Special
Provisions; Section 14-2-7: Insurance Requirements; Section 14-2-8 Special
Requirements; and deleting Section 14-2-8: Enforcement
Suggested Disposition: Receive and File; Motion B; Motion A
Permits - MVM MemoPermits - BAL MemoPermits - Ordinance
8. Dubuque Ice and Recreation, Inc.
City Manager recommending approval of an additional contribution to Dubuque Ice
Arena construction costs.
Suggested Disposition: Receive and File; Approve
NOTE: Material for this agenda item will be delivered on Friday, March 12, 2010.
9. Request for Work Session
City Manager requesting City Council direction regarding a work session on the
proposed plans for the Dubuque Regional Airport’s passenger terminal.
Suggested Disposition: Receive and File; Council Direction
Work Session - MVM Work Session - Staff
MemoMemo
10. State of the City Address
Press release regarding the State of the City Address scheduled for Monday, March 22,
2010 at 7:00 p.m in the Council Chambers at the Historic Federal Building.
Suggested Disposition: Receive and File
State of the City
Address
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.
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CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa
Jeanne F. Schneider
March 11, 2010
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