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4 7 08 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, APRIL 7, 2008 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CONNORS, JONES, LYNCH, RESNICK, VOETBERG CITY MANAGER VAN MILLIGEN; CITY ATTORNEY LINDAHL ABSENT PLEDGE OF ALLEGIANCE INVOCATION: Reverend Tim Bees, First Baptist Church PROCLAMATIONS Architectuer Month (April 2008) Bob Hartig Boost Your Hometown Month (April 2008) Fair Housing Month (April 2008) Shan Oswald Earth Week (April 14-22, 2008) Rick Brown Julie Haly Geisen • 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. ~~ Ayes Nays Resnick ~ / Voetberg ~'l''raig / Buol i ; ~onnors / Jones Lynch • 1. Minutes and Reports Submitted ;,, ~ f' ~l ,J Airport Commission of 2/28; Arts and Cultural Affairs Advisory Commission of 2/26; Cable TV Teleprogramming Commission of 1 /8 and 2/12; City Council of 3/13 and 3/17; Civil Service of 316; Governing Board of the Municipal Housing Agency of 3/13; Historic Preservation Commission of 3/20; Housing Commission of 1/22; Human Rights Commission of 2/11; Library Board of Trustees of 1/17, 2/11 and 2/28; Long Range Planning Advisory Commission of 3/19; Park and Recreation Commission of 3/1; Transit Board of 3/13 Proofs of publication of City Council Proceedings of March 3, 4, 5, 13 and 17, 2008; Governing Board of the Municipal Housing Agency of March 13, 2008; and List of Claims and Summary of Revenues for month ending February 29, 2008 Library Board of Trustees Update from Meeting of February 28 and March 20, 2008 Suggested Disposition: Receive and File 2 2. Notice of Claims/Suits . Claims Management Resources for property damage; Jenni and Terry Ruffridge for property damage; Carol Arling for vehicle damage; Steven D. Connolly for vehicle damage; Scott Steadman for vehicle damage; Vionna Naese for vehicle damage; Ryan T. Hanson for personal injury; Jessica Young for vehicle damage; Northeast Iowa Community College 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: Jenni Ruffridge for property damage; Andrew Stoecken for vehicle damage; Roger Bahl for personal injurylvehicle damage; Claims Management Resources for property damage; Jennifer Hoyer for property damage; Erik Steffenson for vehicle damage; Gary Lungwitz for vehiGe damage; David Elgin for vehicle damage; Steven D. Connolly for vehicle damage City Attorney recommending settlement of the claim of Regina Pint for vehicle damage City Attorney recommending denial of the claims of Larissa Young for vehicle damage; Vionna Naese for vehicle damage; Dawn Rannals for vehicle damage; Tim Bushman for vehicle damage; John Kass for vehicle damage; William Blum for vehicle damage; Scott Steadman for vehicle damage; Carol Arling for vehiGe damage Suggested Disposition: Receive and File; Concur Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch • 3 3. Cleveland Avenue Reconstruction Project -Villa to Bryant Street • City Manager recommending award of the public improvement contract for the Cleveland Avenue Reconstruction Project -Villa to Bryant Street to Horsfield Construction, Inc., in the amount of $1,684,371.90. RESOLUTION /D~r Awarding public improvement contract for the Cleveland Avenue Reconstruction Project -Villa to Bryant Street to Horsfield Construction, Inc. Suggested Disposition: Receive and f=ile; Adopt Resolution 4. US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase I City Manager recommending acceptance of the construction contract for US 20 (Devon Drive to Menards) Capacity Improvement Project - Phase I as completed by Volkens Excavating in the final contract amount of $200,482. RESOLUTION /~~ Accepting the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase I, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(186)--22-31) and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 5. Grass and Weed Cutting Assessments City Manager recommending approval of the levy of special assessments for grass and weed cutting charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION l~ ~ Adopting the Schedule of Assessments for the grass cutting charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch • 4 6. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Interstate Power Company Building located at 1000 Main / 131 West 10th Street has been accepted for nomination to the National Register of Historic Places. Suggested Disposition: Receive and File 7. Federal Legislative Correspondence Communication from the U.S. Conference of Mayors requesting letters of support for the Energy Efficiency and Conservation Block Grant Program. Communications to Representative Bruce Braley, Senator Chuck Grassley and Senator Tom Harkin requesting their support for the Energy Efficiency and Conservation Block Grant Program. Communications to Representative Bruce Braley, Senator Chuck Grassley and Senator Tom Harkin thanking them and their staffs for the tremendous work they do for the community of Dubuque. Suggested Disposition: Receive and File 8. Request to Purchase Communication from Beverly Kaminski, 35 McEvoy Place, requesting to purchase a portion of McEvoy Street. Suggested Disposition: Receive and File; Refer to City Manager 9. Citizen Communications Communication from Joyce Hartig, 830 Southern Avenue, expressing concerns about moving the Grandview Avenue dog park to the 12th Street location. Communication from Joanne Hanssen regarding the relocation of the Grandview Avenue dog park to the East 12th Street location. Suggested Disposition: Receive and File Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 5 10. Sustainable City Consulting Services Request for Proposals City Manager recommending that the bids received in response to the Sustainable City Consulting Services be rejected and that the RFP be modified and reissued. Suggested Disposition: Receive and File; Approve 11. Zoning Board of Adjustment Communication from Evelyn Nadeau, 663 Fenelon Place, regarding a Zoning Board of Adjustment agenda item seeking a special exemption to build a six unit condominium at 440 Raymond Place. Suggested Disposition: Receive and File 12. Library Board of Trustees Communication from Susan Lindsay, 690 Fenelon Place, submitting her resignation from the Library Board of Trustees effective March 20, 2008 and ommunication from Alan L. Avery submitting his resignation from the Library Board of Trustees due to his relocation outside the area. Suggested Disposition: Receive and File; Accept Resignations 13. State-Wide Monitoring Project to Measure Impacts of Infiltration Based Practices for Stonmwater Management City Manager recommending approval to partner with the Black Hawk Soil and Water Conservation District and provide a letter of support for a grant application to the Iowa Watershed Improvement Review Board for the proposed "State-wide Monitoring Project to Measure Impacts of Infiltration Based Practices for Stormwater Management". rrl Suggested Disposition: Receive and File; Approve ~f~J Aye Nays ~~ ~ ~ Resnick ~' ~~' ~ Voetberg ~ Braig ~ ~ / Buol % onnors Jones Lynch • 6 • 14. Water Pollution Control Plant Renovation Postcards from citizens regarding the renovation of the Water Pollution Control Plant. Suggested Disposition: Receive and File 15. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION /c~~i Granting the issuance of a Class "B" Beer Permit to Panchero's Mexican Restaurant RESOLUTION /0~ Granting the issuance of a Class "C" BeerlLiquor License to Noonan's Tap, Knights of Columbus and Hudson's Classic Grill Suggested Disposition: Receive and File; Adopt Resolutions • • Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 7 • ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. yes Nays Resnick Voetberg Braig ` Buol Connors I ; ' Jones ', ~/,~.ynch 1. Vacate and Release of Sanitary Sewer Easement City Manager recommending that a public hearing be set for April 21, 2008 to consider vacating and releasing the sanitary sewer easement across the former Block 4 of Henschel Addition as requested by Buesing & Associates, Inc., representing North Cascade Road Developers, LLC. RESOLUTION /~ ~ of Intent to dispose of interest and release in the location of an existing 20-foot wide sanitary sewer easement across former Block 4 of Henschel Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/21108 2. Disposition of Property City Manager recommending that a public hearing be set for April 21, 2008 to consider approval of a land sale and Development Agreement with Progressive Packaging, LLC Go Hormel Foods Corporation. 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 issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Progressive Packaging, LLC c/o Hormel Foods Corporation, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/21 /08 • 8 3. Historic Designation - 216 Clarke Drive Long Range Planning Advisory Commission recommending that a public hearing be set for June 2, 2008 to consider approval of the Individual Historic Designation of 216 Clarke Drive. Historic Preservation Commission recommending approval of the application of Charles Walter and Barbara Zoellner for Individua! Historic Designation for property located at 216 Clarke Drive. Suggested Disposition: Receive and File; Public Hearing 612/08 Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch • • 9 • • • BOARDS/COMMISSIONS Civic Center Commission ~ Two 3-year vacant terms through June 29, 2010 (Terms of Brannon and Nauman) Applicants: Susan Balsamo, 2770 Van Buren ,,~ Barb Kurt, 1304 Atlantic ~~' .~ ~ ~ Environmental Stewardship Advisory Commission '~ f ~~~ ~~ One 3- year expired term through October 1, 2010 (Term f Buelow) a,{/ Applicants: Michael Buelow 2131 Graham Circle - ~ ~ ~, Civil Service Commission ~'~ One 4-year expired ter rough April 6, 2012 (Term o i sem ^v ~,`,,~~",~~ A licant: John St ens 2215 Graham Circle ) PP 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 Cit Council meeting. Cn~i ~berdoerste , 42 Summit Street/" Long Range Planning Adviso ommission One 3-year vacant term through July 1, 2009 (Term of I~.eumeister) Applicants: Chad Darter, 2544 Matthew John Drive=~ Richard Van Iten, 3273 Bittersweet Lane Alan Vincent, 1010 Dunham Drive (1 of 2 applications) :~ Mechanical Code Board Two 3-year expired terms through March 16, 2011 (Terms of Grothe and Giese) Applicants: Tom Giese, 395 Villa Street David Grothe, 2544 Elm Street Gary Hillard, 2826 Muscatine Stree~ TV Cable Community Teleprogramming Commission Two 3-year vacant terms through June 30, 2009 r~ Applicants: Thomas McDonough, 1562 Lucy Driver/` Alan Vincent, 1010 Dunham Drive (2 of 2 applications) 10 Appointment to the following Commission: Historic Preservation Commission (One 3-year vacant term through July 1, 2008 -Old Main District Interim Commissioner) Applicants: D. Joseph Rapp, David Stuart Resn~ k Voetb r Brai Buol , Connors Jones L nc Ra ~ Stuart • • 11 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 Ayes Nays ,% Resnick % oetberg ~ `' raig Buol ~~onnors ~ Jones f ~ Lynch ~~ ~1 ~` 1. Dubuque Industrial Center Urban Renewal Plan Proof of publication on notice of public hearing to consider amending the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to expand the district to include the rail site and City Manager recommending approval. Communication from the Long Range Planning Advisory Commission recommending approval of the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District. RESOLUTION l~ 9 Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ~`; Resnick Voetberg % Braig Buol ~~',, onnors / 'ones ~~Lynch 12 • 2. Sewer Revenue Capital Loan Notes Proof of publication on notice of public hearing to consider the issuance of not to exceed $2,458,000 Sewer Revenue Capital Loan Notes {State of Iowa Revolving Fund Loan) for the West 32"d Street Detention Basin project and City Manager recommending approval. RESOLUTION ~1~ Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $2,458,000 Sewer Revenue Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution Ads Nays ~ : Resnick f ~~oetberg Craig % Buol %~ j~Connors Jones `,. Lynch 3. Town Clock Renovation Project Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Town Clock Renovation Project and City Manager recommending approval. RESOLUTION f/~/ Approving plans, specifications, form of contract, and estimated cost for the Town Clock Renovation Project Suggested Disposition: Receive and File; Adopt Resolution Ay ~ Nays I ` Resnick Voetberg %~ Braig /r Buol /" , Connors ~~Jones ynch REINSTATE THE RULES This action limits discussion to the City Council. • pjyes Nays ,/ Resnick / : Voetberg raig %, / Buol Connors Jones ~~ynch .~~~ ~" 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. Citizen Request Request of Steven D. Connolly to address the City Council regarding the denial of his claim for vehicle damage. Suggested Disposition: Receive and File; Council l • ~ Ayes/ Nays ' ~ / Resnick Voetberg ~ Braig ~' uol / onnors ones Lynch Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch jJ 14 2. 409 Burch Street -Eminent Domain Proceedings City Attorney recommending approval of the commencement of eminent domain proceedings to acquire the property at 409 Burch Street. RESOLUTION ~~ Authorizing the commencement of eminent domain proceedings for the acquisition of certain real property owned by John White at 409 Burch Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ~ Resnick Voetberg Braig Buol onnors ones Lynch • • 15 3. Chavenelle Court Engineering Contract City Manager recommending approval to award a sole source contract to IIW Engineers and Surveyors for the design and construction services of the Dubuque Industrial Center West-Chavenelle Court street project for a cost not to exceed $92,100. RESOLUTION %/~ Authorizing contract with IIW Engineers and Surveyors P.C. for the design and engineering of Dubuque Industrial Center West -Chavenelle Court Suggested Disposition: Receive and File; Adopt Resolution A ~ Nays Resnick -' Voetberg %~ Braig % : uol /, onnors / Jones ,~ Lynch 4. Expansion of Enterprise Zone - 2 City Manager recommending approval of the filing of an application with the Iowa Department of Economic Development requesting Enterprise Zone Expansion to the City's existing Enterprise Zone - 2 to include property west of Central Avenue owned by Holy Ghost Church. RESOLUTION /! ~' Authorizing the filing of an application with the Iowa Department of Economic Development requesting an expansion of Enterprise Zone - 2 in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays % Resnick ~ ~` Voetberg Braig /' Buol % onnors ones Lynch 16 • • • ~. 5. 2160 Elrr)~Urban Revitalization District City Mariager recommending that staff be directed to prepare an ordinance removing 2160 Elm Street and adjoining vacant properties from the Washington Neighborhood Urban Revitalization District to allow asite-specific urban revitalization district to be established for the purpose of development of an affordable housing project. Suggested Disposition: Receive and File; Approve ,Q~.. .) .) ., : ~' x ~~ ~ ,,~~f, Vf: Ayes Nays ,/. Resnick Voetberg Braig uol ,,Connors ones /~ ynch 17 6. Middle Fork Catfish Creek Hike /Bike Trail Feasibility Study . City Manager recommending approval to initiate the Request for Proposals process for the Professional Services for the Middle Fork Catfish Creek Hike /Bike Trail Feasibility Study. Suggested Disposition: Receive and File; Approve Ayes Nays .% Resnick Voetberg %f Braig ,/ uol ~ onnors Jones Lynch • • 18 7. Code of Ordinances -Chapter 32 Motor Vehicles and Traffic City Manager recommending approval of the revised and updated Code of Ordinances Chapter 32 Motor Vehicles and Traffic. ORDINANCE Amending the City of Dubuque Code of Ordinances by repealing Chapter 32 Motor Vehicles and Traffic and adopting a new Chapter 32 Motor Vehicles and Traffic in lieu thereof Suggested Disposition: Receive and File; Motion B; Motion A f ;1 Ayes Nays Resnick `~ ~ (~ ~~ Voetberg ~~, ~ ~ ~~~Braig Buol J~~~ y ~~ ~/)Connors U ~~~ ~ . ones ! ; ~ ynch /~ ~ , ~`~' l ~ ~~ ~~ Ayes Nays ~ ~ ~ ,/ Resnick I ~ ~ ~.~` ~- ~ % oetberg ~~ ' Brai 9 ~~ ~~~ `~ ~ ~, Buol /~ Connors ~~ ones ~t~ ~ ~ ~ynch r /;~ ~ '~; ~~ . „) ~ ~ f ,~ . - (~ ~. J ~~~~ ~~ ~ ~ ~. ~, u ~~~~'`~ -~; /~ /I"~ ~L ~,' ~; /~•f't tY ~.~~ 19 ~ ~, ~~- ~h ~ ~~~, ~d ~`~ C 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 -Chapter 21.5(1)(c) 2007 Code of Iowa Collective Bargaining Strategy Chapter 20.17(3) 2007 Code of Iowa ~,~ Motion to go into Closed Session at >~ ~ T ~ Motion to adjourn at ~ ~%~ • yes Nays / Resnick Voetberg ~/ ~~ raig ~ , Buol Connors ~/~ Jones 1 Lynch Ayes Nays esnick oetberg Braig Buol Connors .Jones Lynch 20