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11 3 08 City Council Agenda w/Icons ROLL CALL ORDER FOR MEETING OF 11/3/08 RESNICK VOETBERG BRAIG BUOL CONNORS JONES LYNCH CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – SPECIAL MEETING – EAST/WEST CORRIDOR STUDY 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, NOVEMBER 3, 2008 HDR Report Work Session - MVM Work Session - Staff MemoMemo PLEDGE OF ALLEGIANCE INVOCATION Father Dwayne Thoman, Nativity Catholic Church PROCLAMATIONS Philanthropy Day (November 15, 2008) National Hospice Month (November 2008) Philanthropy DayNational Hospice Month 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 City Council of 10/20 and 10/28; Civil Service Commission of 10/9; Historic Preservation Commission of 10/16; Investment Oversight Advisory Commission of 10/22; Zoning Advisory Commission of 10/22 Library Board of Trustees Update from the meeting of September 25, 2008 nd Investment Oversight Advisory Commission 62 Quarterly Report Proof of publication of City Council Proceedings of October 6 and 13, 2008, and List of Claims and Summary of Revenues for month ending September 30, 2008 Suggested Disposition: Receive and File Civil ServiceHPCInvestment Zoning Advisory City Council - 10/20City Council - 10/28 Oversight Library Bd UpdateIOAC Quarterly Report 2. Asbury Business Park – Acceptance of Easement City Manager recommending approval of the acceptance of the easement for sanitary sewer lift stations, force main, storm sewer, watermain, streets and public utilities in Asbury Business Park from Motor City, LLC. RESOLUTION Accepting the grant of an easement for sanitary sewer lift stations, force main, storm sewer, water main, streets and public utilities in Asbury Business Park in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Grant of Easement Easement - MVM Easement - Staff Easement - MemoMemoResolution 2 3. Investment Policy Revisions City Manager recommending approval of updates to the City of Dubuque Investment Policy. RESOLUTION Adopting the City of Dubuque Investment Policy Suggested Disposition: Receive and File; Adopt Resolution Revisions - MVM Revisions - Staff Revisions - Investment Policy MemoMemoResolution 4. Water Pollution Control Plant Design City Manager recommending approval of the selection of Strand Associates/IIW for design engineering and construction services for the Water Pollution Control Plant improvements. Suggested Disposition: Receive and File; Approve WPCP - MVM MemoWPCP - Staff Memo 5. Sanitary Sewer Installation – 1195 Thomas Place City Manager recommending approval of an agreement with Anna Kim, the current owner of 1195 Thomas Place, for her to do some home repairs and the City to extend sanitary sewer service. Suggested Disposition: Receive and File; Approve Thomas Place - MVM 1195 Thomas - Staff Thomas Place - MemoMemo Agreement 6. Civil Service Commission Civil Service Commission submitting the certified list for the positions of Bus Operator and Laborer. Suggested Disposition: Receive and File; Make a Matter of Record Bus Operator LtrLaborer Ltr 3 7. Mediacom Communication from Lee Grassley, Senior Manager of Government Relations, advising that Mediacom will be adding three channels to the digital plus lineup. Suggested Disposition: Receive and File Mediacom Ltr 8. Cable TV Teleprogramming Commission Communication from Tom McDonough submitting his resignation from the Cable TV Teleprogramming Commission effective immediately. Suggested Disposition: Receive and File; Accept Resignation McDonough Resignation 9. Consultant Agreement – Wireless Facility Ordinance and Leases City Manager recommending approval of an agreement with The Center for Municipal Solutions to assist the City in regulating towers and wireless facilities and that the Resolution of Interim Application for Wireless Telecommunications Facilities be renewed for an additional ninety days. RESOLUTION Amending Resolution No. 238-08 which adopted an interim application process for wireless telecommunication facilities by extending the interim application process until February 1, 2009 Suggested Disposition: Receive and File; Adopt Resolution Consultant - Staff Consultant - Consultant - Consultant - MVM MemoResolutionAgreement Memo 10. Crescent Community Health Center Historic Preservation Commission communication to Julie Woodyard, Crescent Community Health Center, advising that the Commission approves the proposed interior build-out of the final 1600 square feet of interior space of the former Dubuque Casket Company Building located at 1789 Elm Street. Suggested Disposition: Receive and File 4 CCHC - HPC LtrCCHC - Woodyard CCHC - Drawing Ltr 11. Riverside Marina Project Historic Preservation Commission communication to Martin Konrad, Iowa Department of Natural Resources, advising that the Commission supports the Riverside Marina Project in the Port of Dubuque and requesting that the Commission be consulted in the initial schematic design of the buildings. Suggested Disposition: Receive and File Marina - HPC LtrMarina - IDNR LtrMarina - Aerial View 12. Iowa 32 Bike/Hike Trail – Phases 2 and 3 City Manager recommending approval of federal funding requests submitted for Phases 2 and 3 of the Iowa 32 Bike/Hike Trail. Suggested Disposition: Receive and File; Approve Iowa 32 - MVM MemoIowa 32 - Staff Iowa 32 - Map #1Iowa 32 - Map #2 Memo 13. Washington Neighborhood / Housing Trust Fund Application City Manager recommending approval of the submission of an application to the Iowa Finance Authority for support of the City’s Homeownership Grant Program. RESOLUTION Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds Suggested Disposition: Receive and File; Adopt Resolution Application - MVM Application - Staff Application - MemoMemoResolution 14. Quarterly Investment Report City Manager transmitting the Quarterly Investment Report for the period ending September 30, 2008. Suggested Disposition: Receive and File 5 Report - MVM MemoReport - Staff MemoInvestment Earnings Monthly Investment Schedule of CD'sSchedule of City SummarySummaryFunds 15. Historic Preservation Commission Vacancy City Manager advising that Historic Preservation Commission Interim Commissioner Pam Cleek passed away while on vacation in Tennessee. Suggested Disposition: Receive and File Vacancy - MVM Memo 16. Upgrade of Dubuque Greyhound Park and Casino Facility City Manager recommending approval of a $10 million renovation project at Dubuque Greyhound Park and Casino. Suggested Disposition: Receive and File; Approve DGP Ltr Upgrade - MVM Memo 17. Business License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one permit to sell cigarettes and cigarette papers to A & B Tap RESOLUTION Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart and Aldi, Inc. RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Aragon Tap and Yen Ching Restaurant; Class “B” Wine Permit to Aldi, Inc.; and a Class “WBN” Native Wine to Kwik Stop Food Mart Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1Resolution #2Resolution #3 MemoMemo 6 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. Civil Service Commission One 4-year term through April 6, 2010 (Term of Kluesner) Applicants: James Schilling, 3283 Bittersweet Lane John Stevens, 2215 Graham Circle Appointments to the following Boards/Commissions: Plumbing Board Two 3-year terms through November 2, 2011 (Master Plumber Requirement, Terms of Gonner and Willenborg) Applicants: Stanley Gonner, 485 O’Neill Street Harlan Willenborg, 3254 Lake Ridge Drive Bd and Comm ListOverview SheetCivil Service Plumbing Bd Applications Applications 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. West Side Voluntary Annexation Proof of publication on notice of public hearing to consider the annexation of approximately 643 acres (not including road right-of-way) on the west side of Dubuque. Communication from James Adams, Mayor – City of Asbury, advising that property owners on Sandwedge Drive and Sandwedge Court have submitted “Applications for Voluntary Annexation” to the City of Asbury. RESOLUTION Approving applications for the voluntary annexation of certain territory in Dubuque County, Iowa and additional land whose owners have not consented to the voluntary annexation of said land Suggested Disposition: Receive and File; Adopt Resolution Annexation - MVM Annexation - Staff Resolution with Annexation PlanMap #1Map #2 MemoMemoAttachments 7 Map #3Map #4Map #5Map #6Map #7Map #8 Map #9Map #10Annexation - Asbury Ltr Material from September 15, 2008 City Council Meeting Annexation - MVM Annexation - Staff Annexation - MemoMemo Resolution 2. First Amendment to Cooper Development, LLC Development Agreement Proof of publication on notice of public hearing to consider a loan assumption and the First Amendment to Agreement with Cooper Development, LLC for the “Bricktown” rd parking lot located at the southeast corner of 3 Street and Locust Street and City Manager recommending approval. RESOLUTION Approving an Amendment to Agreement with Cooper Development rd Company, LLC in regard to the parking lot located at the southeast corner of 3 Street and Locust Street Suggested Disposition: Receive and File; Adopt Resolution Amendment - MVM Amendment - Staff Amendment - Amendment to Cooper Development MemoMemoResolutionAgreementAgreement Material from October 20, 2008 City Council Meeting Cooper - MVM MemoCooper - Staff MemoCooper - ResolutionAmendment to Cooper - Agreement Parking Agreement 3. Request to Rezone – 13910 Whistlewind Lane (Tabled on October 20, 2008) Proof of publication on notice of public hearing to consider a request from Elaine Kelly to rezone property located at 13910 Whistlewind Lane from County R-1 Rural Residential District, R-2 Single-Family Residential District and C-1 Conservancy District to City of Dubuque CR Commercial Recreation District, in conjunction with annexation, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 13910 Whistlewind Lane from County R-1 Rural Residential District, R-2 Single-Family 8 Residential District to City of Dubuque CR Commercial Recreation District, concurrent with annexation Suggested Disposition: Remove from Table; Receive and File; Motion B; Motion A Rezoning - ZAC LtrRezoning - Rezoning - Staff Rezoning - Staff Rezoning - MapsRezoning - ApplicationMemoReportOrdinance C-3 Zoning Rezoning - Floodplain Suggested Motion RegulationsMap 4. Fire Headquarters Green Roof Project Proof of publication of notice of public hearing consider approval of the plans and specifications, form of contract and estimated cost for the Fire Headquarters Green Roof Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Fire Headquarters Green Roof Project Suggested Disposition: Receive and File; Adopt Resolution Fire Hdq - MVM Fire Hdq - Staff Fire Hdq - Resolution MemoMemo Material from October 20, 2008 City Council Meeting Roof - MVM MemoRoof - Staff MemoRoof - Resolution REINSTATE THE RULES This action limits discussion to the City Council. 9 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. Convention and Visitors Bureau Dubuque Area Chamber of Commerce Convention and Visitors Bureau Director Sue Czeshinski presenting the Bureau’s quarterly report. Suggested Disposition: Receive and File CVB Quarterly Report 2. Citizen Request Char Eddy requesting to address the City Council to submit a petition to provide winter maintenance on any public right-of-way (street or alley) which bisects a school’s property. Suggested Disposition: Receive and File; Council Petition 3. Development Agreement with Interstate Building, LLLP and WS Live, LLC City Manager recommending approval of a Development Agreement with Interstate Building, LLLP and WS Live, LLC to provide incentives to retain 122 employees of WS Live, LLC in Dubuque and for the creation of an additional 28 positions. RESOLUTION Approving a Development Agreement with Interstate Building, LLLP and WS Live, LLC Suggested Disposition: Receive and File; Adopt Resolution WS Live - MVM MemoWS Live - Staff WS Live - ResolutionDevelopment MemoAgreement 4. Parking Meter District – Requested Expansion City Manager recommending approval of the expansion of the downtown parking meter th district to include parking meters on the south side of 11 Street from White Street to Washington Street as requested by Dallas Kalmes, d/b/a Kalmes Breaktime Bar & Grill. ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-321.666 Municipal Parking Meter District Established by adding Eleventh Street (south side) from White Street to Washington Street as a Municipal Parking Meter District 10 Suggested Disposition: Receive and File; Motion B; Motion A District - MVM MemoDistrict - Staff MemoDistrict - OrdinanceSuggested Motion 5. Parking Fines – Delinquent Definition City Manager recommending approval of an ordinance amendment to better define that a parking ticket shall become delinquent if not paid within seven calendar days from the date of issuance. ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-321.621 Parking Violations – Fines to provide that a ticket shall become delinquent if not paid within seven (7) calendar days from the date of issuance Suggested Disposition: Receive and File; Motion B; Motion A Definition - MVM Definition - Staff Definition - Suggested Motion MemoMemoOrdinance 6. Disabled Parking Regulations City Manager recommending approval of a proposed ordinance to provide more specific regulations regarding proper parking in designated disabled parking spaces. ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-321.705 Prohibited Use of Parking Places or Identification Devices by adding a paragraph on the manner of parking in accessible parking stalls Suggested Disposition: Receive and File; Motion B; Motion A Disabled Parking - Disabled Parking - Disabled Parking - Suggested Motion MVM MemoStaff MemoOrdinance 7. Animal Ordinance Changes City Manager recommending approval of changes to the Animal Ordinance which are required for the conversion to selling animal licenses through PetData. ORDINANCE City of Dubuque Code of Ordinances by repealing Chapter 7 Animals and Fowl and adopting a new Chapter 7 Animals and Fowl in lieu thereof providing restrictions on maintaining livestock and the storage of animal food; prohibiting the harboring of a vicious dog or cat; providing for the licensing of dogs and cats; establishing requirements for rabies control; prohibiting the keeping of dangerous animals; and establishing procedures for the declaration of potentially vicious dogs 11 Suggested Disposition: Receive and File; Motion B; Motion A Animal Ordinance - Animal Ordinance - Chapter 7 - Chapter 7 - RedlinedSuggested Motion MVM MemoStaff MemoOrdinance 8. Downtown Design Guidelines Work Session City Manager requesting that a work session be scheduled regarding the Downtown st Design Guidelines on November 24th at 6:30 p.m. or December 1 at 5:00 p.m. Suggested Disposition: Receive and File; Council Guidelines - MVM Guidelines - Staff Guidelines - Task Guidelines - Map MemoMemoForce 8. Sustainable Dubuque Initiative Work Session City Manager submitting information on the Sustainable Dubuque Initiative and thth requesting that a work session be scheduled on November 17 or December 15 at 5:00 p.m. Suggested Disposition: Receive and File; Council Initiative - MVM Initiative - Staff Task Force MembersSustainability Sustainability Sustainability MemoMemoAttachment #1 Attachment #2Attachment #3 Sustainability Sustainability Sustainability Attachment #4Attachment #5Attachment #6 10. 2009 Legislative Priorities City Manager recommending approval of the 2009 Legislative Priorities. Suggested Disposition: Receive and File; Approve Priorities - MVM 2009 Legislative MemoPiorities 12 11. City of Dubuque Receives Award from International Economic Development Council Press release announcing that the City of Dubuque is receiving the 2008 Excellence in Economic Development Awards Honorable Mention in recognition of the America’s River Project public/private partnerships from the International Economic Development Council. Suggested Disposition: Receive and File Award Econ Dev Award Announcement 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 October 30, 2008 13