4 19 10 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
4/19/10
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:30 P.M. – WORK SESSION – AIRLINE TERMINAL DESIGN
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, APRIL 19, 2010
PLEDGE OF ALLEGIANCE
INVOCATION
Chaplain David Pacholke, Finley Hospital
PROCLAMATIONS
Silver Star Banner Day (May 1, 2010)
Volunteer Week (April 18 – 24, 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 Teleprogramming Commission of 3/2; City Council of 4/5 and 4/12; Civil
Service Commission of 2/24, 3/12 and 4/1; Community Development Advisory
Commission of 3/3; Historic Preservation Commission of 3/18; Human Rights
Commission of 3/8; Zoning Advisory Commission of 4/7; Zoning Board of Adjustment of
3/10 and 3/25
Library Board of Trustees Update from the meeting of March 25, 2010
Proof of publication of City Council Proceedings of March 15, 2010
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Chiquitta Carroll for personal injury; Diane Boge for vehicle damage; Interstate Power
and Light for property 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: Chiquitta Carroll
for personal injury
Suggested Disposition: Receive and File; Concur
3. Snow Removal and Right-of-Way Obstruction Removal Assessments
City Manager recommending approval of the final assessments for snow removal and
right-of-way obstruction removals.
RESOLUTION
Adopting the final assessment schedule for the Snow Removal and
Right-of-Way Obstruction Removal Assessments
Suggested Disposition: Receive and File; Adopt Resolution
4. Joint Development Agreement – International Business Machines Corporation
City Attorney requesting approval of the revised Joint Development Agreement and
ratification of the Mayor’s signature of the revised Agreement.
Suggested Disposition: Receive and File; Approve
5. Plat of Survey – Southeast Corner of Pearl and Gilliam Streets
Zoning Advisory Commission recommending approval of the plat of survey of the
southeast corner of Pearl and Gilliam Streets as requested by Tim McDonald.
RESOLUTION
Approving a Plat of Survey of Lot 1-100 and Lot 2-100 of Finley, Waples
and Burton’s Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
6. Plat of Survey – Westbrook Subdivision
Zoning Advisory Commission recommending approval of the plat of survey of
Westbrook Subdivision as requested by Joel Callahan / Buesing and Associates.
RESOLUTION
Approving a Plat of Survey of Lot 1-8 and Lot 2-8 Block 3 of Westbrook
Subdivision in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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7. Final Plat – Copperhead Place No. 2
Zoning Advisory Commission recommending approval of the final plat of Copperhead
Place No. 2 as requested by Blackacre Properties.
RESOLUTION
Approving the Final Plat of Copperhead Place No. 2
Suggested Disposition: Receive and File; Adopt Resolution
8. Funding Contract with the Iowa Department of Natural Resources
City Manager recommending approval of a funding contract with the Iowa Department
of Natural Resources regarding the E.B. Lyons Interpretive Center Expansion Project.
RESOLUTION
Approving a contract with the Iowa Department of Natural Resources for
the E.B. Lyons Interpretive Center Expansion Project
Suggested Disposition: Receive and File; Adopt Resolution
9. Land and Water Conservation Fund (LWCF) Grant Agreement
City Manager recommending approval of a Land and Water Conservation Fund Grant
Agreement with the Iowa Department of Natural Resources for the E.B. Lyons
Interpretive Center Expansion Project.
RESOLUTION
Approving a Land and Water Conservation Fund Grant Agreement with
the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center
Expansion Project
Suggested Disposition: Receive and File; Adopt Resolution
10. First Transit
City Manager recommending approval of the formal notification of the transit
management contract termination to First Transit.
Suggested Disposition: Receive and File; Approve
11. Hazard Mitigation Plan
City Manager recommending approval of the City’s Hazard Mitigation Plan update.
RESOLUTION
Approving and adopting the Dubuque Hazard Mitigation Plan Update
Suggested Disposition: Receive and File; Adopt Resolution
12. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and storm water collection accounts to the Dubuque County Treasurer.
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RESOLUTION
Adopting the Schedule of Assessments for delinquent water, refuse,
sewer and storm water collection accounts and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
13. Dubuque Water Ski Lease
City Manager recommending approval of the annual lease agreement with the Dubuque
Water Ski Club.
Suggested Disposition: Receive and File; Approve
14. Children’s Zoo Boosters
City Manager recommending approval of the lease renewal with the Dubuque Children’s
Zoon Boosters, Inc. for approximately ten acres of Roosevelt Park to operate the
Storybook Hill Children’s Zoo.
Suggested Disposition: Receive and File; Approve
15. Lease Agreement with Tri-State Modelers
City Manager recommending approval of the lease agreement with Tri-State Modelers
for a section of Roosevelt Park.
Suggested Disposition: Receive and File; Approve
16. Department of the Army
Communication from William T. Johnsen, Dean of Academics – Department of the
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Army, regarding the City Manager’s attendance at the 56 Annual U.S. Army War
College National Security Seminar.
Suggested Disposition: Receive and File
17. National Security Breakfast
Invitation from Brigadier General Tim Orr, The Adjutant General of Iowa, to attend the
National Security Breakfast on Thursday, April 22, 2010 in Johnston, Iowa.
Suggested Disposition: Receive and File
18. Medline Development Agreement
City Manager recommending approval of an amendment to the Medline Development
Agreement to extend the date for LEED Certification.
RESOLUTION
Approving the Third Amendment to the Medline Industries, Inc.
Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
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19. Alcohol Compliance – Civil Penalty for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for a first offense alcohol compliance violation for Taiko Restaurant, Inc., Walgreen’s
#6154, and Chances R and it is further recommended that a civil penalty hearing be
scheduled for May 3, 2010 for a second alcohol compliance violation for Lot One.
Suggested Disposition: Receive and File; Approve; Hearing 5/3/10
20. Tobacco Compliance – Civil Penalty for Tobacco License Holder
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for a first offense tobacco compliance violation for Walgreen’s #11942 and Walgreen’s
th
#6154 and a third offense violation for 16 Street Auto Truck Plaza.
Suggested Disposition: Receive and File; Approve
21. 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 to Mediacom in the amount of
$4,200
for new monitors and a combination DVD burner/printer for the public access studio control
room.
Suggested Disposition: Receive and File; Approve
22. Fiscal Year 2011 Community Development Block Grant Program
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for Community Development Block Grant (CDBG) program activities.
RESOLUTION
Authorizing publication of a Notice of Intent to Request Release of
Funds for certain Community Development Block Grant Projects for Fiscal Year 2011
(Program Year 2010)
Suggested Disposition: Receive and File; Adopt Resolution
23. Homelessness Prevention and Rapid Re-Housing Program Amendment
City Manager recommending approval of the Amendment to the Project Concern, Inc.
Agreement for the Homelessness Prevention and Rapid Re-Housing Program (HPRP).
Suggested Disposition: Receive and File; Approve
24. Mediacom
Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, notifying the City of upcoming channel changes.
Suggested Disposition: Receive and File
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25. Environmental Stewardship Advisory Commission
Communication from Wayne Klostermann, Chair – Environmental Stewardship Advisory
Commission, regarding fundraising car washes and stormwater management.
Suggested Disposition: Receive and File; Refer to City Manager
26. E.B. Lyons Interpretive Center Expansion Project - Exhibits Grant Match
City Manager recommending approval to provide $25,000 in additional City funds as
part of the local match for a $150,000 federal grant for the Mines of Spain Exhibit and
Education Program at the E.B. Lyons.
Suggested Disposition: Receive and File
27. Signed Contracts
-- Storm Sewer Improvements – South Main and Jones Streets
Suggested Disposition: Receive and File
28. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “A” Liquor License to the Loyal Order
of the Moose Lodge; and a Class “C” Beer/Liquor License to Marco’s Italian Food, West
Dubuque Tap, Lot One, The Hub and Loras College Campus
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. Dubuque Terminals, Inc. (Newt) Lease
City Manager recommending that a public hearing be set for May 4, 2010 to consider on
proposed leases with Dubuque Terminals, Inc. for the Ice Harbor and Dove Harbor
areas.
RESOLUTION
Of intent to dispose of an interest in real property owned by the City of
Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an
Iowa Corporation (the Dove Harbor Lease)
RESOLUTION
Of intent to dispose of an interest in real property owned by the City of
Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an
Iowa Corporation (the Ice Harbor Lease)
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/3/10
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2. Lower Bee Branch Creek Restoration Project
City Manager recommending initiation of the public bidding process for the Lower Bee
Branch Creek Restoration Project and that a public hearing be set for May 3, 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 Lower Bee
Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/3/10
3. Asbury Road and IA 32 Traffic Signal and Grading Project
City Manager recommending initiation of the public bidding process for the Asbury Road
and IA 32 Traffic Signal and Grading Project and that a public hearing be set for May 3,
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 Asbury Road and
IA 32 Traffic Signal and Grading Project.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/3/10
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.
Housing Commission
One 3-year term through August 17, 2012 (Term of Plein)
Applicant:
Lisa McAllister, 1701 ½ Central Avenue
Mechanical Board
One 3-year term through March 16, 2013 (Term of Bandy)
Applicant:
Ronald Billmeyer, 1745 Geraldine Drive
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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. Fiscal Year 2011 – 2015 Consolidated Plan and Analysis of Impediments to Fair
Housing
Proof of publication on notice of public hearing to consider the Fiscal Year 2011 – 2015
Consolidated Plan and Analysis of Impediments to Fair Housing and City Manager
recommending approval.
RESOLUTION
Adopting the Fiscal Year 2011 – 2015 Consolidated Plan for Housing
and Community Development; authorizing the Mayor to execute said plan and all
necessary certifications; designating the City Manager as the authorized Chief
Executive Officer for the Consolidated Plan; and directing that said plan be submitted to
the U.S. Department of Housing and Urban Development
RESOLUTION
Approving the Analysis of Impediments to Fair Housing
Suggested Disposition: Receive and File; Adopt Resolutions
2. HHH Enterprises of Dubuque, Inc.
Proof of publication on notice of public hearing to consider a lease agreement with HHH
Enterprises of Dubuque, Inc. to operate and maintain a restaurant deck and beer
garden at 180 Main Street and City Manager recommending approval.
RESOLUTION
Disposing of an interest in real property owned by the City of Dubuque
by lease between the City of Dubuque and HHH Enterprises of Dubuque, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
3. Fiscal Year 2010 Second Budget Amendment
Proof of publication on notice of public hearing to consider the second amendment to
the Fiscal Year 2010 Budget and City Manager recommending approval.
RESOLUTION
Approving Amendment No. 2 to the Fiscal Year 2010 Budget for the City
of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
4. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Tenth and Central Parking Ramp and Fire
Headquarters Expansion Project and City Manager recommending approval
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RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project
Suggested Disposition: Receive and File; Adopt Resolution
5. Water Pollution Control Plant Upgrade Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Water Pollution Control Plant Upgrade
Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Water Pollution Control Plant Upgrade Project.
Suggested Disposition: Receive and File; Adopt Resolution
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. Preliminary Plat – Orchard Park Subdivision
Zoning Advisory Commission recommending approval of the preliminary plat of Orchard
Park Subdivision.
Request of Merrill Crawford, 2110 Jonathan Lane, to address the City Council regarding
the preliminary plat for Orchard Park Subdivision.
Communications from Mr. and Mrs. Kenneth Kublie, Mr. and Mrs. Robert Schute, Edwin
A. and Patricia A. Frick, Mary L. Kretz, John and Nancy Ferry, Donald P. Ruefer, James
and Jen Hoppman, Victoria R. Ruefer and Molly and Mike Schumacher in opposition to
the proposed subdivision.
Suggested Disposition: Receive and File; Approve
2. Request for Letter of Support for Dubuque Senior Apartments Project
City Manager recommending approval of a letter of support for the 3 Diamond
Development’s proposed affordable housing project, Dubuque Senior Apartments, to be
located west of the intersection of Sylvan and Bies Drives.
Suggested Disposition: Receive and File; Approve
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3. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Roshek
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Brothers Department Store at 250 West 8 Street has been listed in the National
Register of Historic Places effective March 17, 2010.
Suggested Disposition: Receive and File
4. Assistance Pool to Encourage Residential Housing in Downtown
City Manager recommending approval to issue a Request for Proposals for a second
round of applications to the Downtown Housing Incentive Program and it is further
recommended that the City modify its policy to allow payment of grants associated with
the Downtown Rehabilitation Loan Program to projects as they are completed and as
soon as funds are available.
RESOLUTION
Authorizing the City Manager to solicit proposals for projects to
encourage market-rate downtown rental and owner-occupied residential units in the
Greater Dubuque Downtown Urban Renewal District and approve changes to the
Downtown Rehabilitation Loan Program
Suggested Disposition: Receive and File; Adopt Resolution
5. Problem Property Maintenance Task Force
City Manager recommending approval of amendments to Title 13, Chapter 6 Solid
Waste; and Title 6, Chapter 6 Housing Regulations of the Code of Ordinances and
increasing the annual licensing fee for vacant properties from $200 to $300.
ORDINANCE
Amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6-1
Definitions of the City of Dubuque Code of Ordinances by adding a definition for
container; Section 13-6-3 Container Requirements; Collection Restrictions by adding
definitions for garbage bags, oversized rigid solid waste containers, and solid waste
carts; amending Article A City or Private Collection Service by amending Section 13-6a-
4 Placement of Containers for Collection, Subsections A, C, D, and E and adopting a
new Subsection F; and Amending Section 13-6a-6 Rates and Charges Established;
Exceptions, Subsection D
ORDINANCE
Amending Title 6 Health, Housing, Sanitation and Environment, Chapter
6, Housing Regulations of the City of Dubuque Code of Ordinances, by repealing
Section 6-6-4 A.3. Notice of Violation; Order of Compliance, and adopting in lieu thereof
a new Section 6-6-4 A.3; by amending Section 6-6-5 Enforcement of Order of City
Manager by deleting Paragraph (4); and by repealing Section 6-6-9 F.1. Extension of
Time, and adopting in lieu thereof a new Section 6-6-9 F.1
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RESOLUTION
Approving an increase in the license fee for vacant and abandoned
buildings
Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution
6. Law Enforcement Explorer Post
City Manager recommending approval of a partnership between the Dubuque Police
Department and the Northeast Iowa Council of the Boy Scouts of America (BSA) for the
formation of a Law Enforcement Explorer post.
Suggested Disposition: Receive and File; Approve
7. Southwest Arterial – Iowa Department of Transportation Funding Agreement
City Manager recommending approval of the execution of the Iowa Department of
Transportation (Iowa DOT) Federal Aid Funding Agreement (Agreement No. 2009-E-
275) for development of the Southwest Arterial Project.
RESOLUTION
Approving the Iowa Department of Transportation Federal Aid Funding
Agreement (Agreement No. 2009-E-275) for the development of the Southwest Arterial
Project
Suggested Disposition: Receive and File; Adopt Resolution
8. Federal Emergency Management Agency (FEMA)
City Manager transmitting the issues and errors identified by City staff with the
preliminary Digitized Flood Insurance Rate Map (DFIRM) and citizen comments and
requesting that FEMA respond in writing.
Suggested Disposition: Receive and File; Approve
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
April 15, 2010
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