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12 1 08 City Council Agenda_Icons ROLL CALL ORDER FOR MEETING OF 12/1/08 VOETBERG BRAIG BUOL CONNORS JONES LYNCH RESNICK CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – DOWNTOWN DESIGN GUIDELINES WORK SESSION 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, DECEMBER 1, 2008 Work Session - MVM Work Session - Staff Downtown Design MemoMemoGuidelines Map PLEDGE OF ALLEGIANCE INVOCATION Ann Wertz, Pastoral Assistant, St. Mary's/St. Patrick's Catholic Churches 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 11/17 and 11/21; Civil Service of 10/23; Library Board of Trustees of 8/28 and 9/25; Park and Recreation Commission of 11/12 Proofs of publication of City Council Proceedings of October 28 and November 3, 2008 (Special Session and Regular Session) Suggested Disposition: Receive and File City CouncilCity Council of 11/21Civil ServiceLibrary Bd of 8/28Library Bd of 9/25Park and Rec 2. Notice of Claims/Suits Judith A. McMahon and Ronald J. McMahon for personal injury; Amanda Reynolds for vehicle damage; Wells Fargo Bank, N.A. vs. City of Dubuque, et al; Irene Holz for property damage; Grand Opera House 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: Gordon E. Mills for vehicle damage; Judith McMahon for personal injury Suggested Disposition: Receive and File; Concur Claims - ICAP 3. U.S. Department of Housing and Urban Development Communication from Patricia M. McCauley, U.S. Department of Housing and Urban Development, advising that the City’s Community Development Block Grant Program’s accomplishments for Program Year 2007 were satisfactory. Suggested Disposition: Receive and File HUD Ltr 2 4. Human Rights Commission Communication from Vincent Vanden Huevel advising that he is not re-applying for an additional term on the Human Rights Commission. Suggested Disposition: Receive and File Vanden Huevel Ltr 5. Citizen Communications Communication from Fred Gross, 2997 Deerwood Circle, regarding trash on Coates Street. Communication from Amanda W. Benckhuysen, 1324 Tomahawk Drive, submitting a petition requesting that a sidewalk be installed along Rockdale Road. Communication from Dan Boge, Kane Development Corporation, requesting that the City accept the entire completed sanitary sewer and water main system for Pine Knoll Condominiums. Suggested Disposition: Receive and File; Refer to the City Manager Gross LtrBenckhuysen LtrBoge Ltr 6. Carnegie-Stout Public Library Renovation Project City Manager recommending award of the contracts for Contract #6 (Flooring and Tile) and Contract #8 (Elevator) of the Carnegie-Stout Public Library Renovation Project to Commercial Flooring (Contract #6) and Tri-Con Construction (Contract #8). RESOLUTION Awarding public improvement contracts for the Carnegie-Stout Public Library Renovation Project Suggested Disposition: Receive and File; Adopt Resolution Library - MVM MemoLibrary - Staff MemoLibrary - ResolutionLibrary - Bid Tab 3 7. Iowa 32 Bike / Hike Trail – Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for the design of the Iowa 32 Bike / Hike Trail, Phase 2. Suggested Disposition: Receive and File; Approve Trail - MVM MemoTrail - Staff MemoTrail - Request for Proposals 8. Town Clock Renovation Project City Manager recommending acceptance of the Town Clock Renovation Project as completed by Klauer Construction in the final contract amount of $266,063.00. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Town Clock - MVM Town Clock - Staff Town Clock - MemoMemoResolutions 9. Purchase of Property – 2317 Elm Street City Manager recommending approval of the purchase of a residential dwelling located at 2317 Elm Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2317 Elm Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 2317 Elm - MVM 2317 Elm - Staff 2317 Elm - MemoMemoResolution 10. Purchase of Property – 2020 Kniest Street City Manager recommending approval of the purchase of a residential dwelling located at 2020 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2020 Kniest Street in the City of Dubuque, Iowa 4 Suggested Disposition: Receive and File; Adopt Resolution 2020 Kniest - MVM 2020 Kniest - Staff 2020 Kniest - MemoMemoResolution 11. Purchase of Property – 2238 / 2240 Washington Street City Manager recommending approval of the purchase of a residential dwelling located at 2238 / 2240 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2238 / 2240 Washington Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 2238 Washington - 2238 Washington - 2238 Washington - MVM MemoStaff MemoResolution 12. Authorized Depository Institutions City Manager recommending approval of adding First Bank of Irving, Texas, as an authorized depository institution for the City of Dubuque funds collected for dog and cat licenses by PetData, Inc. RESOLUTION Naming Depositories Suggested Disposition: Receive and File; Adopt Resolution Institutions - MVM Institutions - Staff Institutions - MemoMemoResolution 13. New Market Tax Credits City Manager recommending approval of a contract with Kutak Rock LLP for legal services associated with securing New Market Tax Credits. Suggested Disposition: Receive and File; Approve Tax Credits - Staff Kutak Ltr / Contract Tax Credits - MVM Memo Memo 5 14. Amendment to Development Agreement for McGraw-Hill Companies, Inc. City Manager recommending approval of a request from McGraw-Hill Companies for a time extension to June 19, 2010 for the creation of jobs committed to in the June 2006 Development Agreement. RESOLUTION Approving the first amendment to the McGraw-Hill Companies, Inc. Development Agreement Suggested Disposition: Receive and File; Adopt Resolution McGraw-Hill - Staff McGraw-Hill - McGraw-Hill - McGraw-Hill - MVM MemoResolutionAmendment Memo 15. Acceptance of Easement for Pedestrian Walkway City Manager recommending acceptance of an easement for a pedestrian walkway lying within the Northeast Iowa Community College Building as part of the skywalk connection to the Iowa Street parking ramp. RESOLUTION Acceptance of the grant of an easement for a pedestrian walkway lying within the Northeast Iowa Community College Building Suggested Disposition: Receive and File; Adopt Resolution Walkway - Staff Walkway - Grant of Easement Walkway - MVM MemoResolution Memo 16. Resolution of Support Communication to the Members of the 2009 Presidential Inaugural Committee in support of the Inaugural Parade participation by the Colts Drum and Bugle Corps. RESOLUTION of Support for the Colts Drum and Bugle Corps Suggested Disposition: Receive and File; Adopt Resolution Mayor Ltr of SupportResolution of Support 17. Mediacom Communication from Mediacom advising the City of upcoming channel changes effective on or about December 17, 2008. Suggested Disposition: Receive and File 6 Mediacom Ltr 18. Liquor License Transfer Diamond Jo Casino (Portside) requesting to permanently transfer their liquor license from 400 East Third Street to 301 Bell Street. Suggested Disposition: Receive and File; Approve 19. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Beer Permit to Hy-Vee #2, Sam’s Club, and Informed Buyers RESOLUTION Granting the issuance of a Class “B” (Hotel/Motel) Beer/Liquor License to Hotel Julien Dubuque; Class “C” Beer/Liquor License to Las Margaritas; Special Class “C” Liquor License to Cookin Something Up; Class “B” Wine Permit to Cookin Something Up, Hy-Vee #2, and Sam’s Club; and a Class “B” Native Wine Permit to Dubuque Humane Society and Dubuque Area Chamber of Commerce Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1Resolution #2 MemoMemo 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. Historic Preservation Commission – Langworthy District Interim Commissioner One 4-year term through July 1, 2011 (Term of Cleek) Applicant: Eli Licht, 1759 Vizaleea Drive Human Rights Commission Three 3-year terms through January 1, 2012 (Terms of Allen, Wilberding, Vanden Heuvel) Applicants: Anthony Allen, 575 Almond Street Terry Driskell, 249 York Street Katrina Wilberding, 3715 Asbury Road 7 Mediacom Charitable Foundation Two 1-year terms through December 31, 2009 (Terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Lane Connie Twining, 421 North Booth Street Transit Board of Trustees One 3-year term through July 30, 2011 (Term of Davidson) Applicant: John Curtis, 1951 Alta Vista Board and Overview SheetHPC ApplicationHuman Rights Mediacom Transit Bd Commission ListApplicationsApplicationsApplication 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. Transit Consultant Recommendation City Manager recommending approval of the selection of LSC Transportation Consultants to provide a comprehensive operational analysis of the Keyline Transit System. Suggested Disposition: Receive and File; Approve Transit - Staff MemoTransit - Agreement Transit - MVM Memo 2. Fire Department Ladder Truck and Pumper Truck Replacement City Manager recommending approval to order a replacement ladder truck, which is budgeted in Fiscal Year 2010, prior to December 31, 2008 in order to avoid price increases. Suggested Disposition: Receive and File; Approve Ladder Truck - MVM Ladder Truck - Staff MemoMemo 8 3. Winter Collection of Food Scraps and Yard Waste City Manager recommending that the City provide for year round collection of yard waste and food scraps and that the fee for an annual yard waste decal be increased from $26.00 to $28.00. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 40-39 Paragraphs (c), (d), and (e) Establishing year round collection of yard waste and food scraps and increasing the annual yard waste decal fee for the collection of yard waste from $26.00 to $28.00 Suggested Disposition: Receive and File; Motion B; Motion A Yard Waste - MVM Food Scraps - Staff Effect of Amendment Yard Waste - Staff Yard Waste - Suggested Motion MemoMemo MemoOrdinance 4. Personnel Manager Randy Peck Selected for Dubuque Area Labor Management Council Bob Bennett Award Announcement that Personnel Manager Randy Peck has been selected for Dubuque Area Labor Management Council’s Bob Bennett Award for Good Faith in Collective Bargaining. Suggested Disposition: Receive and File DALMC Announcement 5. City Council Meeting Date City Manager recommending that the second meeting in February be changed from February 17, 2009 to February 16, 2009. ORDINANCE Changing the date for the second regular City Council meeting I February 2009 from February 17, 2009 to February 16, 2009. Suggested Disposition: Receive and File; Motion B; Motion A Meeting Date - Meeting Date - MVM Suggested Motion Ordinance Memo COUNCIL MEMBER REPORTS 9 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) 2007 Code of Iowa Jeanne F. Schneider November 26, 2008 10