10 18 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, OCTOBER 18, 2010
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING /
PRESS 1 : MAY R OL, COUNCIL MEMBERS BRAIG, CQI NORS, JO LYNCH
RESNI VOE*BERG
ACTING CITY MANAGER C2STENS; CITY ATTORNEY LINDAHL
ABSENT: CITY MANAGER VAN MILLIGEN
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
Pastor Dianne Christopher, St. Luke's Methodist Church
PRESENTATION
Iowa Wellness Council's Healthy Community Award
PROCLAMATION /� •
Dubuque Weatherization Challenge Day /
CONSENT ITEMS
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1. Minutes and Reports Submitted
City Council of 10/4 and 10/12; Community Development Advisory Commission of 9/7;
Human Rights Commission of 9/13; Zoning Advisory Commission of 10/6; Zoning Board
of Adjustment of 9/23
Proofs of publication of City Council Proceedings of September 20, 2010 and List of
Claims and Summary of Revenues for Month Ended August 31, 2010
Suggested Disposition: Receive and File
2. Notice of Claims /Suits
Gregory Doser for vehicle damage; William J. Millman for vehicle damage; Mark and
Kim Tranel for property damage; Anne Holmberg 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: Gregory Doser
for vehicle damage; William J. Millman for vehicle damage; Mark and Kim Tranel for
property damage
Suggested Disposition: Receive and File; Concur
3. Replacement of Solid Waste Collection Vehicle
City Manager recommending approval of the replacement of solid waste collection
vehicle #3419 subject to a future budget amendment.
Suggested Disposition: Receive and File; Approve
2
Nays
4. Camille Blackbourn Claim
Communication from Bradley T. Boffeli, Blair & Fitzsimmons, P.C., requesting that the
claim of Camille Blackbourn for vehicle damage be reviewed.
Suggested Disposition: Receive and File; Refer to City Attorney
5. Iowa Department of Transportation
Official notification that the Iowa Department of Transportation proposes to let a HMA
(Hot Mix Asphalt) Joint and Crack Sealing project located on US 52 from 32 Street
northerly to Iowa 32 in Dubuque on December 21, 2010.
Suggested Disposition: Receive and File
6. Plat of Survey — Lott Addition
Zoning Advisory Commission recommending approval of the plat of survey of 637
Arlington Street as requested by Dave Schneider / David and Julie Lott.
RESOLUTION Approving the Plat of Survey of Lott Addition in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
7. Final Plat — Westwood Heights No. 2
Zoning Advisory Commission recommending approval of the final plat of Lot 1 and Lot 2
of Westwood Heights No. 2 in the County of Dubuque, Iowa.
RESOLUTION if 1 Approving the final plat of Lot 1 and Lot 2 of Westwood
Heights No. 2 in the County of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Braig
Buol
Connors
Jones
Lynch
Resnick
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Nays
8. Sustainable Dubuque Task Force
Communication from the Iowa Chapter of the American Planning Association advising
that the Sustainable Dubuque planning process has been selected to receive the
Chapter's Excellence Award for Innovation for Sustaining Places.
Suggested Disposition: Receive and File
9. School Resource Officer Agreement
City Manager recommending approval of the Fiscal Year 2010/2011 School Resource
Officer agreement between the City of Dubuque Police Department and the Dubuque
Community School District.
Suggested Disposition: Receive and File; Approve
10. Dubuque Industrial Center West -North Siegert Farm Phase III — PCC Paving and
Utilities Project
City Manager recommending acceptance of the Dubuque Industrial Center West -North
Siegert Farm Phase III PCC Paving and Utilities Project, as completed by Horsfield
Construction, Inc. in the final contract amount of $693,058.70
RESOLUTION 5r../ Accepting the Dubuque Industrial Center West -North
Siegert Farm Phase III — PCC Paving and Utilities Project and authorizing payment of
the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
11. I -JOBS Agreement — Lower Bee Branch Creek Restoration Project
City Manager recommending approval of the I -JOBS Grant Agreement for the Lower
Bee Branch Creek Restoration Project.
RESOLUTION 3ff Authorizing the execution of a Grant Agreement with the
Iowa Jobs Board and the Iowa Finance Authority as required for the City's receipt of
$3,965,500 in State I -JOBS funding for the Lower Bee Branch Creek Restoration
Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Braig
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12. National Mississippi River Museum and Aquarium Rivers Center Project – Phase
II – REMOVED FROM AGENDA
City Manager recommending acceptance of the construction contracts for the National
Mississippi River Museum and Aquarium Rivers Center Project – Phase II.
RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers
Center Project – Phase II (Iowa DOT No. EDP -2100 (652)- 7Y -31), Contract No. 1 –
General Construction, authorizing payment of the contract amount to the contractor
RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers
Center Project – Phase II (Iowa DOT No. EDP -2100 (652)- 7Y -31), Contract No. 2 –
Food Service, authorizing payment of the contract amount to the contractor
RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers
Center Project – Phase I I (Iowa DOT No. EDP -2100 (652)- 7Y -31), Contract No. 4 –
Plumbing Systems, authorizing payment of the contract amount to the contractor
RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers
Center Project – Phase II (Iowa DOT No. EDP -2100 (652)- 7Y -31), Contract No. 5 –
HVAC Systems, authorizing payment of the contract amount to the contractor
RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers
Center Project – Phase I I (Iowa DOT No. EDP -2100 (652)- 7Y -31), Contract No. 6 –
Geothermal Well Systems, authorizing payment of the contract amount to the contractor
RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers
Center Project – Phase I I (Iowa DOT No. EDP -2100 (652)- 7Y -31), Contract No. 7 –
Electrical System, authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolutions
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13. Asbury Plaza No. 12
City Manager recommending that the developer of Asbury Plaza No 12, Rubloff
Development Group, Inc., be required to install street lighting in 2010 and be given until
July 1, 2011, to complete the public improvements as required by the Resolution
approving the final plat.
RESOLUTION 1 1(V Amending Resolution No. 387 -04 Approving the Final Plat
of Asbury Plaza No. 12 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
14. North Grandview Avenue and Rosedale Avenue Storm Sewer Repair
City Manager recommending approval of the emergency repairs of the North Grandview
Avenue and Rosedale Avenue Storm Sewer Repair Project, and to solicit informal bids
for the project through adoption of the attached resolution.
RESOLUTIONkil Authorizing emergency repairs to the storm sewer at
North Grandview
Avenue and Rosedale Avenue
Suggested Disposition: Receive and File; Adopt Resolution
15. 2010 Public Right -of -Way Sidewalk Repair Assessment Project
City Manager recommending approval of the final assessment schedule for the 2010
Public Right -of -Way Sidewalk Repair Assessment Project.
RESOLUTION 2- 7 / (9 Adopting the final assessment schedule for the 2010
Public Right -of -Way Sidewalk Repair Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution
16. Historic Millwork District Development
Communication from Jill Connors, Gronen Restoration, to Michael Brannon, President
of the Dubuque Community School District, regarding the DCSD's Facilities Global
Strategy.
Suggested Disposition: Receive and File
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17. Termination of Lease — ABC Supply
City Manager recommending approval of the termination of the current lease with ABC
Supply.
Suggested Disposition: Receive and File; Approve
18. International Economic Development Council (IEDC).
Media release announcing that East Central Intergovernmental Association received an
Excellence in Economic Development Award for their AccessMyFuture.com — Find Your
Road to Success in the category of Special Purpose Website from the International
Economic Development Council (IEDC).
Suggested Disposition: Receive and File
19. Hillcrest Family Services Agreement
City Manager recommending approval of an agreement with Hillcrest Family Services
for the use of Murphy Park from October 30th through January 10th to set up a holiday
light display.
Suggested Disposition: Receive and File; Approve
20. Assistance to Firefighter Grant Application
City Manager recommending approval of an Assistance to Firefighter Grant Program
application to the U.S. Department of Homeland Security for public education,
inspection and equipment funding.
Suggested Disposition: Receive and File; Approve
21. 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.
RESOLUTION 4 5 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
Ayes Nays
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22. Storm Water Utility Revenue Capital Loan Notes, Series 2010G
City Manager recommending approval of the final proceedings providing for the
issuance of $7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G.
RESOLUTION qO % Approving and authorizing a form of Loan and
Disbursement Agreement by and between the City of Dubuque and the Iowa Finance
Authority, and authorizing and providing for the issuance and securing the payment of
$7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G, 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
23. Legislative Correspondence
Communication from Senator Charles Grassley regarding the Transit Investment for
Greenhouse Gas and Energy Reduction (TIGGER) application submitted by the City of
Dubuque.
Suggested Disposition: Receive and File
24. Liquor License Refunds
Refund of K -Chap Foods, Inc. Beer Permit No. BC 0013779 in the amount of $56.25.
Refund of Mr. Rogers Pub LLC Class C Liquor License No. LC0035906 in the amount
of $295.75.
Suggested Disposition: Receive and File; Approve Refunds
Ayes Nays
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25. Cigarette and Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION 1- z05 - Granting the issuance of one new cigarette license to
Kohinoor Grocers
RESOLUTION 1' Granting the issuance of a Class "B" Beer Permit to
Happy Joe's Ice Cream and Pizza Parlor and a Class "C" Beer Permit to Target Store
and Big 10 Mart Car Wash
RESOLUTION •d ' Granting the issuance of a Class "C" Beer /Liquor
License to Manna Java World Cafe, Europa Haus & Bierstube, The Bank Bar & Grill,
Jumpers Sports Bar, Rainbow Lounge, Dog House Lounge and Crust Italian Kitchen; a
Special Class "C" Liquor License to HuHot Mongolian Grill; and a Class "B" Wine Permit
to Crust Italian Kitchen and Target Store
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes
Braig
Buol
Connors
Jones
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Nays
ITEM TO BE SET FOR PUBLIC HEARING
This agenda item is being scheduled for a future public hearing on the date indicated.
1. Sale of Property — 2015 Washington Street
City Manager recommending that a public hearing be set for November 1, 2010 to
consider the sale of property located at 2015 Washington Street to Jerry Chase and
Julie Woodyard.
RESOLUTION ' ( Of intention to dispose of City -owned property,
specifically, the northerly 46 feet of Lot 20 in Steiner's Addition or Subdivision in the City
of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2015
Washington Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1111/10
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BOARDS /COMMISSIONS
Appointments to the following Boards /Commissions:
Housing Trust Fund Advisory Committee
One 3 -year term through September 8, 2013 (Term of Walsh)
Applicant:
John Walsh, 3116 Spring Valley Road
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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. Request to Rezone — End of Radford Court
Ayes
Buol
Connors
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Nays
Proof of publication on notice of public hearing to consider a request from John Herrig /
Flint Drake / Radford Development, LLC, to rezone property located at the end of
Radford Court from C -2 Neighborhood Shopping Center District to R -4 Multi - Family
Residential District and Zoning Advisory Commission recommending approval.
Communication from Planning Services Manager Laura Carstens advising that 31.7% of
the adjacent property owners within 200 feet of the rezoning are in opposition; therefore,
a super- majority vote of the City Council is necessary to approve the rezoning request.
Communication from Mark J. Sullivan requesting that the proposed rezoning of property
located on Radford Court be tabled to November 15, 2010.
Communication and petition from Mark J. Sullivan in opposition to the proposed
rezoning.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at the end of
Radford Court from C -2 Neighborhood Shopping Center District to R -4 Multi - Family
Residential District
Suggested Disposition: Receive and File; Motion B; Motion A or Table
Ayes Nays
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2. Request to Rezone — Property South of Creekwood Drive
Proof of publication on notice of public hearing to consider a request from Davin Curtiss
(representing John Knepper) to rezone property located south of Creekwood Drive, in
conjunction with annexation, from County C -1 and R -2 to City R -1 Single - Family
Residential District, and Zoning Advisory Commission recommending approval.
ORDINANCE JG Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property,
in conjunction with annexation, located south of Creekwood Drive from County C -1 and
R -2 to City R -1 Single - Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes , Nays
Final Reading and Adopt
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3. Request to Annex — John Knepper
Proof of publication on notice of public hearing to consider a request from John Knepper
to voluntarily annex and rezone 2.79 acres of property on the south side of the City of
Dubuque adjacent to Timber -Hyrst Subdivision and City Manager recommending
approval.
RESOLUTION 0r Approving application for voluntary annexation of territory
to the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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4. Request to Rezone — 40, 42, 44 and 48 Main Street
Proof of publication on notice of public hearing to consider a request from Jay Freeberry
to rezone property located at 40, 42, 44 and 48 Main Street from C -3 General
Commercial and C -4 Downtown Commercial District to OC Office Commercial 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 40, 42, 44 and 48 Main Street from C -4 Downtown Commercial District to OC
Office Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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5. 44 Main, LLC — Development Agreement
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$350,000 Urban Renewal Tax Increment Revenue Bonds and a proposed Development
Agreement with 44 Main, LLC and City Manager recommending approval.
RESOLUTION �/ Instituting proceedings to take additional action for the
issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Notes
RESOLUTION �jj Authorizing and providing for the issuance of $337,000
Urban Renewal Tax Increment Revenue Notes, Taxable Series 2010H (44 Main, LLC
Project) of the City of Dubuque, Iowa, and providing for the securing of such notes for
the purpose of carrying out an Urban Renewal Project in the area of the City of
Dubuque, Iowa designated as the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolutions
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Nays
6. Amended and Restated Development Agreement — Conlon Johnson Development,
LLC
Proof of publication on notice of public hearing to consider an Amended and Restated
Development Agreement with Conlon / Johnson to accommodate the Company's
continued growth in the Technology Park and City Manager recommending approval.
RESOLUTION Z Approving an Amended and Restated Development
Agreement providing for the sale of Lot 2 -1 of Dubuque Technology Park No. 3, in the
City of Dubuque, Iowa according to the recorded plat thereof to Conlon Johnson
Development, LLC
Suggested Disposition: Receive and File; Adopt Resolution
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REINSTATE THE RULES
This action limits discussion to the City Council.
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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. Resolution of Support
Communication from Arnie Honkamp and Dan Hammel requesting that City Council
adopt a Resolution of Support for the referendum on the continuation of gaming in
Dubuque County.
RESOLUTION 4 Supporting the referendum on the continuation of
gaming in Dubuque County, Iowa
Sug a ted Disposition: Receive and File; Adopt Resolution
Ayes
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2. Amendment to Development Agreement — 40 Main, LLC
City Manager recommending approval of the Third Amendment to the Development
Agreement with 40 Main, LLC and authorize agreements to allow for refinancing of the
project.
RESOLUTION g// Approving the Third Amendment to the 40 Main, LLC
Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
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Nays
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3. Downtown Housing Incentive Program
City Manager recommending approval of projects by Bonson Block, LLC and 44 Main,
LLC to receive incentives to create new housing units within the Greater Downtown
Urban Renewal District and the issuance of a Request for Proposals for a third round of
applications.
RESOLUTION L Approving an award to Bonson Block, LLC and 44 Main,
LLC from the Downtown Housing Incentive Pool to create new market -rate housing
units within the Greater Downtown Urban Renewal District and recommend closeout of
the second round of applications for the incentive program and authorizing the City
Manager to solicit proposals for a third round of applications
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
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4. 18 Street Office Building Renovation — Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals to
seek qualified firms interested in providing architectural design and construction
administration services for the 18 Street Office Building Renovation Project and
authorize the City Manager to negotiate and execute the contract.
Suggested Disposition: Receive and File; Approve
Ayes
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Jones
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Nays
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5. Community Development Block Grant Award to CARADCO Project
City Manager recommending that he be authorized to indicate to the Iowa Department
of Economic Development the City's interest in accepting a $3 million Community
Development Block Grant award for the CARADCO project.
Suggested Disposition: Receive and File; Approve
Ayes
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6. Safe Community Task Force
City Manager transmitting information on the Dubuque Police Department's response to
two Safe Community Task Force recommendations — (1) direct the Police Department
to enforce noise ordinances more aggressively and (2) direct the Police Department to
enforce traffic ordinances more aggressively.
Suggested Disposition: Receive and File
Ayes
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Buol
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7. Dubuque Community School District School Closure Options
City Manager recommending approval of the transmittal of the City of Dubuque's report
on the proposed public school closure options being considered by the Dubuque
Community School District to the Dubuque Community School District Board of
Directors and request that the Board reconsider their decision.
Suggested Disposition: Receive and File
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PUBLIC INPUT
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COUNCIL MEMBER REPORTS
1°
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
Motion to go into Closed Session at
Motion to adjourn at <0
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