9 19 11 Clerk's Skeleton Notes and Meeting CallTO: KEVIN S FIRNSTAHL, CITY CLERK
YOU ARE HERBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY
COUNCIL TO BE HELD ON MONDAY, SEPTEMBER 19, 2011, AT 6:30 PM, IN THE
HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY
PROPERLY COME BEFORE THE COUNCIL
LY N V. SUTTON, MAYOR PRO -TEM
CONSENT ITEMS: PAGES A
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on September 19, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pr . em Sutton, Council mbers
Acting City ManPeck, City Attorney indahl
Absent: Mayor Buol, City Manager Van Milligen
Mayor Pro -Tem Sutton read the call and stated this is a regular session of the City Council to
conduct such business that may properly come before the Council.
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Eugene Kutsch
PROCLAMATIONS
Crop Walk Day (October 2, 2011)
CONSENT ITEMS
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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.
Yays
Nays
Lynch
Resnick
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Sutton
Braig
Connors
Jones
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
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
2
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 6/3 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 3J'di Authorizing emergency repairs to the bridge 5:1/991417
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
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
3
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 / 6 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 5/4+ Approving the Final Plat of Pine View Subdivision in
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
4
i
11. Plat of Survey — Olympic Heights
Zoning Advisory Commission r- ► • mending approval of the Plat of Survey of
Gillespie's Third Addition . • I Olympic Heights) as submitted by Allen Weber.
RESOLUTIO Approving the Plat of Survey of Lot 1 of Lot 1 and Lot 2
of Lot 1 e illespie'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 g/1 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
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
5
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
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
6
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 V Adopting Supplement No. 5 to the Code of Ordinances
of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
7
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
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
8
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
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
9
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 Cafe, 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
Yays
Nays
Lynch
Resnick
Sutton
Braig
Buol
Connors
Jones
10
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
7
Nays
Lynch
Resnick
Sutton
Braig
-13trot-
'Connors
Jones
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.
3c2 / RE L to C of e and
fixing the date UTION forof a public intent o hearing dispse of of the an City interest Council in of ity theDubuque City of Dubureal qestat ue, 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
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
12
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
Nays
Lynch
Resnick
Sutton
Braig
Connors
Jo. lies-
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 1/Y 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
Stuspend the Readings
Nays
Lynch
Resnick
Sutton
Braig
Bet—
Connors
Jones
Final Reading and Adopt
Y
_1✓
Nays
Lynch
Resnick
Sutton
Braig
.B.uef-
✓a
Connors
Jones
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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 2 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
Suspend the Readings
Yay,
Nays
Lynch
Resnick
Sutton
Braig
Connors
Jones
Final Reading and Adopt
Nays
Lynch
Resnick
Sutton
Braig
'Btrof-
Connors
Jones
14
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3. des e — 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, Uni ied 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
Suspend the Readings
Yays
Nays
Lynch
Resnick
Sutton
Braig
-gad-
Connors
Jones
Final Reading and Adopt
Yays
Nays
Lynch
Resnick
Sutton
Braig
brat-'
Connors
Jones
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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
30, 2012
Amending the current budget for the fiscal year ending June
Suggested Disposition: Receive and File; Adopt Resolution
Yays
Nays
Lynch
Resnick
Sutton
Braig
- Btroi-'
Connors
Jones
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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 3 Approving a Development Agreement with the Rose of
Dubuque, L.P. for property located on Lake Ridge Drivel 7,47/M)'
Suggested Disposition: Receive and File; Adopt Resolution
Ya
Nays
Lynch
Resnick
Sutton
Braig
-Bud—
Connors
�l
Jones
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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
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Nays
Lynch ✓
Resnick/
Sutton
Braig ✓
Connors/
Jones ✓
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. 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 -1 D -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
Suspend the Readings
Yays
Nays
1/
Lynch
Lynch
t,
Resnick
Resnick
Sutton
Sutton
V
Buol
Braig
Connors
- .Buot-
Jones
V
'
Connors
Jones
Final Reading and Adopt
Yays
Nays
1/
Lynch
t,
Resnick
Sutton
Braig
Buol
Connors
Jones
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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 ) /'7 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
Yays
Nays
Lynch
Resnick
Sutton
Braig
Connors
Jones
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 Bluffs activities related to the 2011 Missouri River
flooding.
Suggested Disposition: Receive and File; Council *5-.6./--- ky,/,
Yays
Nays
✓
Lynch
Resnick j/
17
Sutton r/
Braig /
Buol
t//
Connort
,2
Jones V
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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.
Motion to adjourn at
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