9 19 11 City Council Agenda with Supporting Documents
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 19, 2011,
HISTORIC FEDERAL BUILDING
350 W. 6TH STREET, DUBUQUE, IOWA
Council meetings are video streamed live
and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 97.2 (digital).
6:30 PM
REGULAR SESSION
PLEDGE OF
ALLEGIANCE
INVOCATION
Reverend Eugene Kutsch
PROCLAMATIONS
Crop Walk Day (October 2, 2011)
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
Arts and Cultural Affairs Advisory Commission of 7/26; Cable Community Teleprogramming
Commission of 7/5; City Council proceedings of 9/6 and 9/12; Civil Service Commission of 9/5 and 9/6; Housing Trust Fund Committee of 8/19 and 9/23; Human Rights Commission of 7/25;
Park and Recreation Advisory Commission of 8/9; Zoning Advisory Commission of 9/7; Zoning Board of Adjustment of 8/25
Library Board of Trustees Update from Meeting of August 25, 2011.
Proofs
of Publication for City Council Proceedings of August 24 and 24, 2011
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Curt and LuAnn Callahan for property
damage; Lorraine Lattner for property damage; Sarah Ryan for property damage; Peter Sweeney 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: Nichole Bauer for vehicle damager;
Curt Callahan for property damage; Lorraine Lattner for property damage; Sarah Ryan for property damage; Charles Sulcer for vehicle damage; Peter Sweeney for personal injury; Katy Wethal
for property damage; Kim Yoko for personal injury
Suggested Disposition: Receive and File; Concur
3. 2011 Justice Assistant Grant (JAG)
City Manager recommending approval to accept the 2011 Justice Assistance Grant (JAG) award in the amount of $57,858 from the Edward Byrne Memorial
Assistance Grant program and authorize the signing of the award document and special conditions.
Suggested Disposition: Receive and File; Approve
4. Fiscal Year 2011 City Street
Financing Report
City Manager recommending approval of the City of Dubuque’s Fiscal Year 2011 City Street Financing Report.
RESOLUTION Approving the City of Dubuque Fiscal Year 2011
City Street Financing Report
Suggested Disposition: Receive and File; Adopt Resolution
5. Manson Road Bridge and Watermain Emergency Repair
City Manager recommending emergency
repairs to the Manson Road bridge and watermain and to retain IIW Engineers & Surveyors, PC to provide engineering consultant services.
RESOLUTION Authorizing emergency repairs to the
bridge ad watermain on Manson Road and to retain the services of IIW Engineers & Surveyors, PC to provide engineering consultant services.
Suggested Disposition: Receive and File; Adopt
Resolution
6. Consent Decree Semiannual Report
City Manager submitting the Environmental Protection Agency (EPA) Consent Decree, September 30, 2011 semiannual report.
Suggested Disposition: Receive and File
7. Bishop Block Subordination
City Manager recommending approval of the subordination of the City’s mortgage on the Bishop’s Block Building
at the request of Mercy Housing, Inc., in order to refinance existing indebtedness on the property.
Suggested Disposition: Receive and File; Approve
8. Fiscal Year 2011 Consolidated
Annual Performance and Evaluation Report (CAPER)
City Manager recommending approval of the submission to U.S Department of Housing and Urban Development of the Consolidated Annual Performance
and Evaluation Report (CAPER) for the period of July 1, 2010 through June 30, 2011.
RESOLUTION Authorizing the submission of a Consolidated Performance and Evaluation Report (CAPER)
for the period commencing July 1, 2010 and concluding June 30, 2011
Suggested Disposition: Receive and File; Adopt Resolution
9. PEG Capital Grant Expenditure Requests
City Manager
recommending approval of a request from the City of Dubuque for up to $37,500 for two 60-terabyte servers to provide storage and back up of the media files generated by the Cable TV
Division, and from Mediacom for up to $23,500 to replace and upgrade the equipment in the public access studio.
Suggested Disposition: Receive and File; Approve
10. Final Plat – Pine View Subdivision
Zoning Advisory Commission recommending approval of the Final Plat for Pine View Subdivision (12724 Pine View Drive) as requested by John
Sibley.
RESOLUTION Approving the Final Plat of Pine View Subdivision in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
11. Plat of Survey –
Olympic Heights
Zoning Advisory Commission recommending approval of the Plat of Survey of Gillespie’s Third Addition (340 Olympic Heights) as submitted by Allen Weber.
RESOLUTION Approving
the Plat of Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Gillespie’s Third Addition in the City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Adopt Resolution
12. Plat
of Survey – Asbury Plaza No. 16
Zoning Advisory Commission recommending approval of the Plat of Survey for Asbury Plaza No. 16 (Asbury Drive) as submitted by Dave Schneider.
RESOLUTION
approving the Plat of Survey for Asbury Plaza No. 16 in City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
13. Setting Fees for Memorial Benches in Various City Areas
City Manager recommending approval to set the cost of sponsorship of a bench at $2,000 for community parks and high service/impact
areas such as the Bee Branch and Historic Millwork District, and $1,600 for mini and neighborhood parks and trails.
Suggested Disposition: Receive and File; Approve
14. Collective
Bargaining – International Union of Operating Engineers Local No. 234 Amendment to Agreement
City Manager recommending approval of the annual amendment for full-time Public Safety Dispatchers
to have a schedule of ten hours per day and four days per week effective October 1, 2011 through September 30, 2012.
Suggested Disposition: Receive and File; Approve
15. Civil
Service Commission
Civil Service Commission submitting the Certified Lists for the positions of Lead Public Safety Dispatcher, Mechanic, Sanitation Driver, and Police Officer.
Suggested
Disposition: Receive and File; Make Matter of Record
16. Tri-State Business Times- Rising Stars
City Manager transmitting information from the Tri-State Business Times featuring
Assistant Economic Development Director Aaron DeJong as one of eight rising stars of the tri-state business world.
Suggested Disposition: Receive and File
17. U.S. Department of Housing and Urban Development (HUD)
Communication from Director Michelle Miller, Programs Division Director for the U.S. Department of Housing and Urban Development
informing the City that it’s Green and Healthy Homes and Lead Hazard Control program’s overall performance is outstanding.
Suggested Disposition: Receive and File
18. Federal Emergency
Management Agency (FEMA)
Correspondence from Sandra Knight, Deputy Federal Insurance and Mitigation Administrator for the Federal Emergency Management Agency (FEMA) advising that the
City has until October 18, 2011 to adopt and have the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) Regional Office approve floodplain management measures
that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations.
Suggested Disposition: Receive and File; Refer to the City
Manager
19. Sustainable Dubuque
City Manager recommending purchase of Sustainable Dubuque promotional items for use at the Growing Sustainable Communities conference and for community
activities.
Suggested Disposition: Receive and File; Approve
20. City of Dubuque Code of Ordinances – Supplement No. 5
City Manager recommending adoption of Supplement No. 5 to
the City of Dubuque Code of Ordinances
RESOLUTON Adopting Supplement No. 5 to the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
21. Housing Trust Fund Committee
Housing Commission recommending approval of the appointment of Dorothy Schwendinger as the Commission’s representative to the Housing Trust Fund
Committee.
Suggested Disposition: Receive and File; Approve
22. Dubuque Metropolitan Area Transportation Study (DMATS)
City Manager transmitting a letter of support for the Dubuque
Metropolitan Area Transportation Study (DMATS) for a Sustainable Communities Regional Planning grant to the U.S. Department of Housing and Urban Development (HUD).
Suggested Disposition:
Receive and File
23. Alcohol Compliance – Civil Penalties for Alcohol License Holders – Casey’s #2421
City Manager recommending approval of the Alcohol Compliance Settlement Agreement
with Casey’s General Store #2421.
Suggested Disposition: Receive and File; Approve
24. Alcohol Compliance – Civil Penalties for Alcohol License Holders – Hilton Garden Inn / Houlihan’s
Restaurant
City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Hilton Garden Inn / Houlihan’s Restaurant
Suggested Disposition: Receive and File;
Approve
25. Alcohol Compliance – Civil Penalties for Alcohol License Holders – Instant Replay
City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Instant
Replay.
Suggested Disposition: Receive and File; Approve
26. Alcohol Compliance – Civil Penalties for Alcohol License Holders – Murph’s South End Tap
City Manager recommending
approval of the Alcohol Compliance Settlement Agreement with Murph’s South End Tap.
Suggested Disposition: Receive and File; Approve
27. Tobacco Compliance – Civil Penalties for
Tobacco License Holders – Casey’s Store #2421
City Manager recommending approval of the Tobacco Compliance Settlement Agreement with Casey’s General Store #2421.
Suggested Disposition:
Receive and File; Approve
28. Tobacco Compliance – Civil Penalties for Tobacco License Holders – Kwik Star #495
City Manager recommending approval of the Tobacco Compliance Settlement
Agreement with Kwik Star #495.
Suggested Disposition: Receive and File; Approve
29. Liquor License Refund
Request by Rick Worcester of the Lift Bar requesting a refund on Beer and Liquor Combination License No. LC0037590 in the amount of $633.75.
Suggested
Disposition: Receive and File; Approve
30 Signed Contracts
A) Port of Dubuque Ramp Repairs – RAM Change Order; B) Dubuque Community School District agreement with Jule Transportation;
C) Water Pollution Control Plat Modifications Project contract with Terracon Consultants for site investigation services.
Suggested Disposition: Receive and File
31. Liquor License
Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Happy’s Place,
the Grand Tap, Manna Java World Café, Angie’s Bar, and The District; a Class “B” Wine License to Eagle Country Market
RESOLUTION Granting the issuance of a Class “C” Beer Permit to
Eagle Country Market
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 Regional Airport – Conservation Easement
City
Manager recommending setting a public hearing for October 3, 2011 to consider disposal of an interest in City-owned property as set forth in the Declaration of Conservation Covenants
and Restrictions Conservation Easement on the specified property at the Dubuque Regional Airport.
RESOLUTION of intent to dispose of an interest in City of Dubuque real estate and fixing
the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed disposition of City owned-property in the form of a Declaration of Conservation Covenants
and Restrictions and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/3/11
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.
Civic
Center Commission
One 3-year term through June, 29, 2013 (vacant term of Fields)
Applicant:
Jody Willenborg, 3497 Hillcrest Road, #2
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 – 3400 Block of Keymont Drive
Request from Tom Thompson to rezone property located at 3400 Keymont Drive from
R-2 Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District and the 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 in the 3400 block of Keymont Drive from R-2 Two-Family Residential
District to R-3 Moderate Density Multi-Family Residential District
Suggested Disposition: Receive and File; Motion B, Motion A
2. Request to Rezone – 3485 Windsor Avenue
Request
from William Peterson Architects to amend the Padre Pio Healthcare Center Institutional District to allow construction of a four-story nursing addition and a one-story therapy center
and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rescinding Ordinance 66-95,
and approving an amended Campus Development Plan for Padre Pio Health Care Center Institutional District for a new four-story nursing addition and a one-story therapy addition
Suggested
Disposition: Receive and File; Motion B, Motion A
3. Request to Rezone – City of Dubuque
Request from the City of Dubuque to amend Section 6-4 Flood Hazard Overlay of the Unified Development Code and the Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 6-4 Flood Hazard Overlay District and enacting a new
Section 6-4 Flood Hazard Overlay District to comply with National Flood Insurance Program Requirements
Suggested Disposition: Receive and File; Motion B, Motion A
4. Fiscal Year
2012 Budget Amendment No. 1
Proof of publication on notice of public hearing to consider the Fiscal Year 2012 Budget Amendment No. 1, and the City Manager recommending approval.
RESOLUTION
Amending the current budget for the fiscal year ending June 30, 2012
Suggested Disposition: Receive and File; Adopt Resolution
Material from September 6, 2011 Meeting
5. Rose
of Dubuque, LLP – Development Agreement
Proof of publication on notice of public hearing to consider a Development Agreement with the Rose of Dubuque, LP for a 70-unit affordable living
facility on Lake Ridge Drive and the City Manager recommending approval.
RESOLUTION Approving a Development Agreement with the Rose of Dubuque, L.P. for property located on Lake Ridge
Drive
Suggested Disposition: Receive and File; Adopt Resolution
Material from September 6, 2011 Meeting
6. Dubuque River Rides, Inc. – Docking Lease Agreement
Proof of publication on notice of public hearing to consider the proposed Docking
License Agreement between the City of Dubuque and Dubuque River Rides, Inc., and the City Manager recommending approval.
RESOLUTION
Suggested Disposition: Receive and File; Adopt Resolution
Ma
terial from September 6, 2011 Meeting
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. Electrical Code Amendments
City Manager recommending approval of amendments to the City of Dubuque’s
Electrical Code that have been recommended by the Electrical Board of Appeals.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Section 14-1D-2 National Electrical Code Amendments by removing replacement, installation, and alteration from activities allowed as routine maintenance and performed by a maintenance
electrician and by removing Section 83-8 Bonding, Article 250.104(B) Other Metal Piping, and Article 250.104(E) Gas Piping System Bonding requirement
Suggested Disposition: Receive
and File; Motion B, Motion A
2. Iowa Clean Air Attainment Program (ICAAP) Grant Application
City Manager recommending approval of the submission of the Iowa Clean air Attainment Program (ICAAP) grant in the
amount of $2,535,832 to fund the IBM research and pilot route services for two years.
RESOLUTION Endorsing the submission of an Iowa Clean Air Attainment Program (ICAAP) grant application
to the Iowa Department of Transportation to fund IBM research and for implementation of two pilot route services
Suggested Disposition: Receive and File; Adopt Resolution
3. Request
for Work Session
City Manager requesting setting a work session on Monday, December 5, at 5:30 p.m. for a presentation on Council Bluff’s activities related to the 2011 Missouri River
flooding.
Suggested Disposition: Receive and File; Council
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.
Kevin S. Firnstahl
City Clerk
September 15, 2011