2 22 11 City Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, FEBRUARY 22, 2011
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESS JT: MAYOR BUOL, COUNCIL MEMBERS ERAIG, CON1 ORS, JO/ ES, LYNCH,
RESNICK
CITY MANAGER VAN ILLIGEN; CITY ATTORNEY1LINDAHL
ABSENT:
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
Carolyn Farrell, BVM
CONSENT ITEMS
Suggested Disposition: Receive and File
2
Lynch
Resnick
Braig
Buol
Connors
Jones
Nays
1. Minutes and Reports Submitted
City Conference Board of 3/1 and 3/18/10; City Council of 2/7, 2/9, and 2/15; Housing
Commission of 1/25; Human Rights Commission of 1/10; Library Board of 12/15;
Mechanical Board of 2/10; Zoning Advisory Commission of 2/2; Zoning Board of
Adjustment of 1/27
2. Notice of Claims /Suits
Glen Koelker for vehicle damage; Joanne McKay for vehicle damage; Tyler Hoyt for
vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle
damage; Sarah Trantham for vehicle damage; Rich Haigh for vehicle damage; John P.
Kelly for vehicle damage; Angela Steur 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: Glen Koelker
for vehicle damage; Joanne McKay for vehicle damage; Clay Gronen for vehicle
damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle damage;
Sarah Trantham for vehicle damage; Rich Haigh for vehicle damage; John P. Kelly for
vehicle damage; Angela Steur for property damage
Suggested Disposition: Receive and File; Concur
Southwest Arterial Consultant Supplemental Agreement — North Cascade Road
Bridge Construction Project
City Manager recommending approval of an agreement with AECOM Technical
Services, Inc. to provide construction engineering services for the North Cascade Road
Bridge Construction Project (Phase I of the Southwest Arterial Project) subject to the
concurrence of the Iowa Department of Transportation.
RESOLUTION Approving the Consultant Professional Services -
Supplemental Agreement between AECOM Technical Services, Inc. and the City of
Dubuque for construction engineering services for the North Cascade Road Bridge
Construction Project (Phase 1 of the Southwest Arterial Project)
Suggested Disposition: Receive and File; Adopt Resolution
X Southwest Arterial Consultant Supplemental Agreement — Final Design
4 City Manager recommending approval of a supplemental agreement with AECOM
Technical Services, Inc. for the final engineering design phase of the Southwest Arterial
Project subject to the concurrence of the Iowa Department of Transportation.
RESOLUTION / Approving the Consultant Professional Services -
Supplemental Agreement between AECOM Technical Services, Inc. and the City of
Dubuque for the final engineering design phase of the Southwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution
5. Smart Planning Consortium
City Manager recommending approval to submit a request for technical assistance from
the Environmental Protective Agency by the Dubuque Smart Planning Consortium.
Suggested Disposition: Receive and File; Approve
Ayes
Lynch
Resnick
Braig
Buol
Connors
Jones
3
Nays
6. Smart Planning Grant Agreement
City Manager recommending approval of an agreement with the Iowa Department of
Economic Development (IDED) for a Smart Planning Grant with Dubuque County, the
City of Dubuque, and six small cities (Asbury, Cascade, Dyersville, Epworth, Farley and
Peosta) to cover up to 50% of the cost for a new or updated comprehensive plan for
each participant.
Suggested Disposition: Receive and File; Approve
7. Certified Local Government (CLG) Annual Report
City Manager transmitting the 2010 Certified Local Government (CLG) Annual Report.
Suggested Disposition: Receive and File
8. 2010 National Park Service (NPS) Annual Products Report
City Manager transmitting the 2010 National Park Service (NPS) Annual Products
Report and Baseline Questionnaire.
Suggested Disposition: Receive and File
9. 2010 Urban Revitalization Program Applications
City Manager recommending approval of 2010 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
10. Request for Proposals — Annual Auditing Services
City Manager recommending approval of the issuance of a Request for Proposals for
the City's annual audit.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Lynch
Resnick
Braig
Buol
Connors
Jones
4
i
11. Downtown Rehabilitation Loan —1132 -1136 Locust Street
City Manager recommending approval of a letter of commitment for a Downtown
Rehabilitation Loan of $300,000, a $10,000 facade grant, a $10,000 design grant and a
$15,000 financial consultant grant for Judy Davison to support rehabilitation of
properties located at 1132 -1136 Locust Street.
RESOLUTION ,5 Authorizing a Letter of Commitment and additional actions
concerning a Downtown Rehabilitation Loan, Facade Grant, Design Grant and Financial
Consultant Grant to Judy Davison
Suggested Disposition: Receive and File; Adopt Resolution
12. Community Development Block Grant (CDBG) Administration
City Manager recommending approval of a proposal from East Central
Intergovernmental Association in the amount of $7,500 to administer the Community
Development Block Grant for the Caradco Building, LLLP project.
RESOLUTION �57 Approving the contract for 2010 CDBG Grant
Administration to East Central Intergovernmental Association
Suggested Disposition: Receive and File; Adopt Resolution
13. City Development Board
Communication from Marie Steenlage, City Development Board Administrator, advising
that the voluntary annexation request of the Dubuque Metropolitan Area Solid Waste
Agency will be heard by the Board on March 9, 2011.
Notice of meeting to consider the City of Dubuque's voluntary annexation within the
urbanized area of the cities of Peosta and Centralia.
Suggested Disposition: Receive and File
14. Knight Soul of the Community 2010
Copy of the Knight Soul of the Community 2010 Report.
Suggested Disposition: Receive and File
Ayes Nays
Lynch
Resnick
Braig
Buol
Connors
Jones
5
15. American Council of Engineering Companies (ACEC)
Communication from the American Council of Engineering Companies (ACEC) advising
that the City's East / West Corridor Connectivity Study has earned a National
Recognition Award in the American Council of Engineering Companies 2011
Engineering Excellence Awards competition.
Suggested Disposition: Receive and File
16. Iowa League of Cities
Communication from the Iowa League of Cities advising that Council Member Joyce
Connors' name has been submitted for appointment to the National League of Cities
Human Development Committee.
Suggested Disposition: Receive and File
17. Citizen Communication
Communication from Loras Pape regarding taxes.
Suggested Disposition: Receive and File
18. U.S. Department of Housing and Urban Development (HUD)
City Manager recommending approval of the execution of grant agreements with the
U.S. Department of Housing and Urban Development for the Lead Hazard Control and
Health Homes Product grants.
RESOLUTION 5—' Authorizing execution of a Lead Hazard Control Grant
Agreement and Healthy Homes Production Agreement with the U.S. Department of
Housing and Urban Development
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Lynch
Resnick
Braig
Buol
Connors
Jones
6
Nays
19. Handan City
Communication from Lv Jinlong, Vice Secretary General of Handan City Government,
expressing great sorrow on the death of Council Member Dirk Voetberg.
Suggested Disposition: Receive and File
20. Signed Contracts
A. Change orders for Fire Station Expansion and 975 Central Avenue Ramp
Construction Project
B. Five Flags Concert Lighting Bid Award Request
C. Water Pollution Control Plant Update Project — Change Order #5
Suggested Disposition: Receive and File
21. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION -5 Granting the issuance of a Class "C" Beer /Liquor
License to Hammerheads Bar and Billiards, Players Sports Bar, Northside Bar, Gin
Rickeys, Town Clock Inn, Bootleggers Pub, and The Clubhouse
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Lynch
Resnick
Braig
Buol
Connors
Jones
7
Nays
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
/Ay s
Lynch
Resnick
`t � Braig
1 Buol
Connors
Jones
8
Nays
1. Sanitary Sewer Easement — Faley Properties, LLC
City Manager recommending that a public hearing be set for March 7, 2011 to consider
a request from Faley Properties, LLC d /b /a IWI Motor Parts to obtain an easement for a
sanitary sewer lateral that will serve their development of Lot 2 of Dubuque Industrial
Center North First Addition.
RESOLUTION Intent to dispose of a sanitary sewer easement in City of
Dubuque and fixing the date for a public hearing on the proposed disposal of a sanitary
sewer easement in the Dubuque Industrial Center North First Addition to Faley
Properties, LLC and Faley Enterprises, Inc. and providing for the publication of notice
thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/7/11
2. Fire Hydrant Painting Project
City Manager recommending initiation of the bidding process for Phase I of the Fire
Hydrant Painting Program and that a public hearing be set for March 7, 20.11.
RESOLUTION J Preliminary approval of the plans and specifications,
form of contract, and estimated cost; setting date of public hearing on the plans and
specifications, form of contract, and estimated cost; and ordering the advertisement for
bids
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/7/11
3. Fiscal Year 2012 Budget and Capital Improvement Program
City Manager recommending that a public hearing be set for March 10, 2011 to consider
approval of the Fiscal Year 2012 Budget and Fiscal Year 2012 — 2016 Capital
Improvement Program.
RESOLUTION 57 Setting the date for the public hearing on the Fiscal Year
2012 Budget for the City of Dubuque
RESOLUTION o Setting the date for the public hearing on the Five Year
Capital Improvement Program for Fiscal Years 2012 through 2016 for the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3/10/11
4. Dubuque Industrial Center Economic Development District
City Manager recommending that a public hearing be set for March 7, 2011 to consider
an amendment to the Dubuque Industrial Center Economic Development District.
RESOLUTION / Of Necessity finding that certain areas adjacent to the
Dubuque Industrial Center Economic Development District meet the definition of an
Economic Development Area under the Urban Renewal Law, and that development of
said areas is necessary in the interest of the residents of the City of Dubuque, Iowa and
to rescind Resolution No. 20 -11
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/7/11
Ayes
Lynch
Resnick
Braig
Buol
Connors
Jones
9
Nays
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, 2014 (Term of Shaw)
Applicant:
David Shaw, 2765 Broadway Street
Appointments to the following Boards /Commissions:
Mechanical Board
Two 3 -year terms through March 16, 2014 (Term of Hillard and Giese)
Applicant:
Gary Hillard, 2826 Muscatine Street
Tom Giese, 395 Villa — Additional Applicant
Ayes
Lynch
/ Resnick
() Braig
Buol
onnors
Jones
Sister City Relationships Advisory Commission
One 3 -year term through February 1, 2014 (Term of Miller)
Applicants:
Jill Connors, 720 Nevada Street
Phyllis Lee, 520 S. Grandview Avenue
Nays
Transit Advisory Board
One 3 -year term through July 30, 2011 (Term of Croissant)
Applicant;
R.R.S. Stewart, 460 Summit Street (Currently serves on the Human Rights
Commission)
� ynch
Resnick
// Braig
� Buol
,/ onnors
Jones
10
Nays
Lyncfy
Resnick
Br i
Buol,�'
Connors
Jone��
Connors
//
J
+/
Lee
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, 2014 (Term of Shaw)
Applicant:
David Shaw, 2765 Broadway Street
Appointments to the following Boards /Commissions:
Mechanical Board
Two 3 -year terms through March 16, 2014 (Term of Hillard and Giese)
Applicant:
Gary Hillard, 2826 Muscatine Street
Tom Giese, 395 Villa — Additional Applicant
Ayes
Lynch
/ Resnick
() Braig
Buol
onnors
Jones
Sister City Relationships Advisory Commission
One 3 -year term through February 1, 2014 (Term of Miller)
Applicants:
Jill Connors, 720 Nevada Street
Phyllis Lee, 520 S. Grandview Avenue
Nays
Transit Advisory Board
One 3 -year term through July 30, 2011 (Term of Croissant)
Applicant;
R.R.S. Stewart, 460 Summit Street (Currently serves on the Human Rights
Commission)
� ynch
Resnick
// Braig
� Buol
,/ onnors
Jones
10
Nays
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
Ay Nays
/,,� Lynch
Resnick
/ i Braig
Buol
onnors
Jones
1. Sale of Property at 346 East 19 Street
Proof of publication on notice of public hearing to consider approval of the sale of
property at 346 East 19 Street to Kevin L. and Becky M. Lightfoot and City Manager
recommending approval.
RESOLUTION Approving the sale of real estate located at 346 East 19
Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
�/ Lynch
/,F esn ick
/ ,: raig
Buol
9 Connors
Jones
12
Nays
(1 »'
,1
2. Request to Rezone — Bedrock Development, LLC I McFadden Family Partnership
Proof of publication on notice of public hearing to consider a request from Bedrock
Development, LLC / McFadden Family Partnership to rezone property located on the
south side of Pennsylvania Avenue, east of Heacock Road, from R -3 Moderate Density
Multi - Family Residential District to AG Agricultural District and Zoning Advisory
Commission recommending approval.
ORDINANCE 3 Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located on the south side of Pennsylvania Avenue, east of Heacock Road, from R -3
Moderate Density Multi - Family Residential District to AG Agricultural District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ay,,s Nays
Lynch
Resnick
Braig
Buol
Connors
Jones
Final Reading and Adopt
/ Aye
� ynch
/
Resnick
/ Braig
Buol
Connors
°Jones
13
Nayes
3. Request to Rezone — 39 Bluff — Gary Carner, Franklin Investment LLC
Proof of publication on notice of public hearing to consider a request from Gary Carner,
Franklin Investment LLC, to rezone property located at 39 Bluff Street from R -3
Moderate Density Multi - Family Residential District to OR Office Residential District and
Zoning Advisory Commission recommending approval.
ORDINANCE / 7 Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located at 39 Bluff Street from R -3 Moderate Density Multi - Family Residential District to
OR Office Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes
Lynch
esnick
Braig
Buol
Connors
/ Jones
Nays
Ayes
Lynch
/ Resnick
/ ' Braig
,/ '' ' Buol
Connors
Jones
Final Reading and Adopt
14
Nayes
4. Washington Neighborhood Conservation District Expansion
Proof of publication on notice of public hearing to consider approval of an amendment to
expand the Washington Street Neighborhood Conservation District and Historic
Preservation Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Article 109- 11 -A -4 pertaining to
expansion of the Washington Street Neighborhood Conservation District
City Manager recommending that the boundaries of the proposed Washington Street
Neighborhood Conservation District be modified.
Communication from Heartland Financial requesting that the property owned by
Dubuque Bank and Trust Company on White Street be exempted from the Washington
Street Conservation District.
ORDINANCE l Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development. Code, by amending Article 10- 11 -A -4 pertaining to
expansion of the Washington Street Neighborhood Conservation District
Suggested Disposition: Receive and File; Motion B; Motion A
I
Suspend the Readings
Lynch
Resnick
Braig
Buol
Connors
Jones
Nays
Suspend the Readings
Final Reading and Adopt
Lynch
Resnick
Braig
Buol
Connors
Jones
Nayes
Final Reading and Adopt
Ayes Nayes
Ayes Nays
Lynch Lynch
Resnick Resnick
Braig Braig
Buol Buol
Connors Connors
Jones Jones
15
5. Engine House #1 MT, LLC Lease
Proof of publication on notice of public hearing to consider a proposed 40 -year lease
between the City of Dubuque and Engine House #1 MT, LLC. a subsidiary of Dubuque
Initiatives, for Engine House #1.
City Manager recommending that the City Council rescind the Public Hearing to enact a
lease between the City of Dubuque and Engine House #1 MT, LLC., a subsidiary of
Dubuque Initiatives, for the former Housing and Community Development Department
offices.
RESOLUTION 6-9 Rescinding Resolution No. 39 -11 to hold a public
hearing regarding a lease with Engine House #1 MT, LLC
Suggested Disposition: Receive and File; Adopt Resolution
)yes
/ Lynch
// Resnick
// raig
// Buol
✓ Connors
Jones
REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes
./, Lynch
�/ Resnick
Braig
4 Buol
Connors
16
Nays
Nays
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. Every Child I Every Promise
City Manager recommending approval of the $25,000 request from Every Child / Every
Promise to disperse already budgeted funds to help implement the First Years First
Initiative, the child care mapping and information system, and the Leader in Me
Program.
Suggested Disposition: Receive and File; Approve
Ayes � Lynch
1 Resnick
/j (Braig
Buol
✓: Connors
/& ,)Jones
2. International Union of Operating Engineers — Collective Bargaining Agreement
City Manager recommending approval of the collective bargaining agreement between
the City of Dubuque and the International Union of Operating Engineers for Fiscal Year
2012, 2013 and 2014.
RESOLUTION 6 Approving the agreement between the City of Dubuque,
Iowa and the International Union of Operating Engineers and authorizing the Mayor to
sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
✓ ; Lynch
// Resnick
)Braig
Buol
Connors
/0 Jones
17
Nays
Nays
3. Wage Plan and Compensation Package for Non - Bargaining Unit Employees
City Manager recommending approval of the Wage Plan and Compensation Package
for non - bargaining unit employees for Fiscal Years 2012, 2013 and 2014.
RESOLUTION Approving Wage Plan and Compensation Package for
non - bargaining unit employees for Fiscal Years 2012, 2013 and 2014
Suggested Disposition: Receive and File; Adopt Resolution
'yes
Lynch
Resnick
raig
Buol
Connors
Jones
4. Safe Community Task Force Recommendations Implementation — Boarded -Up
Windows and Doors Ordinance
City Manager recommending adoption of a Boarded -Up Openings Ordinance that
establishes requirements for the exterior security and appearance of buildings.
ORDINANCE Amending the City of Dubuque Code of Ordinances Title
14 Building and Development, Chapter 1 Building Codes, Article A Building Code and
Regulations by adopting a new Section 14 -1A -5 Exterior Security and Appearance of
Buildings, Establishing Requirements for the Exterior Security and Appearance of
Buildings
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Lynch
Resnick
Braig
Buol
Connors
Jones
Nays
Ayes
/ Lynch
Resnick
/ / 3raig
Buol
Connors
)Jones
18
Nays �
Final Reading and Adopt
Nayes
5. 2011 Federal Legislative Priorities
City Manager recommending approval of the Fiscal Year 2011 Federal Legislative
Priorities.
Suggested Disposition: Receive and File; Approve
Ayes
Lynch
Resnick
Braig
Buol
Connors
Jones
6. Sister City Relationships Advisory Commission
Appointment of a City Council representative to the Sister City Relationships Advisory
Commission.
Suggested Disposition: Receive and File; Council
19
Lynch
Resnick
Braig
Buol
on nors
Jones
Nays
Nays
7. Fourth Ward Vacancy
City Attorney transmitting information regarding the filling of the vacancy in the office of
Fourth Ward City Council Member.
RESOLUTION Of intent to fill a vacancy in the office of Fourth Ward City
Council Member by appointment
RESOLUTION //\, Of intent to fill a vacancy in the office of Fourth Ward Cit
Council Member by special election
Suggested Disposition: Receive and File; Adopt Resolution
Lynch
Resnick
raig
Buol
/ Connors
Jones
20
Nays
,A° d
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
Motion to go into closed session at '(
Motion to adjourn at
21
Ayes
/: Lynch
Resnick
✓; Braig
Buol
C
��Jones onnors
Nays
Ayes Nays
Lynch
Resnick
Braig
Buol
Connors
Jones
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