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5 5 08 City Council Agenda w/Icons ROLL CALL ORDER FOR MEETING OF 5/5/08 VOETBERG BRAIG BUOL CONNORS JONES LYNCH RESNICK CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, MAY 5, 2008 PLEDGE OF ALLEGIANCE INVOCATION Reverend Tim Bees, First Baptist Church PROCLAMATIONS Letter Carrier Food Drive Day (May 10, 2008) All the Way Home Day (May 17, 2008) Nursing Home Week (May 11 – 17, 2008) Mental Health Month (May, 2008) Bike Safety Month (May, 2008) Letter Carrier Food All the Way HomeNursing Home WeekMental Health MonthBike Safety Month Drive Day 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 3/25; City Council of 4/21; Historic Preservation Commission of 4/17; Investment Oversight Advisory Commission of 4/23; Mechanical Code Board of 4/23 Proofs of publication of City Council Proceedings of April 7 and 14, 2008 th Investment Oversight Advisory Commission 60 Quarterly Report Substance Abuse Services Center Third Quarterly Report Suggested Disposition: Receive and File Mechanical Code Bd Arts CommissionCity CouncilHistoric PreservationInvestment IOAC Quarterly OversightReport 2. Notice of Claims/Suits IC&E Railroad for property damage; Tim Kelly for vehicle damage; Renee Manders 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: Premier Linen and Dry Cleaning for personal injury; IC&E Railroad for property damage City Attorney recommending denial of the claim of Jessica Young for vehicle damage Suggested Disposition: Receive and File; Concur Claims - ICAPClaim - Denied 3. Fiscal Year 2009 Community Development Block Grant Program City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. RESOLUTION Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2009 (Program Year 2008) Suggested Disposition: Receive and File; Adopt Resolution 2 CDBG - MVM MemoCDBG - Staff MemoCDBG - ResolutionCDBG - Exhibit ARequest for Release of Fds 4. ConAgra Foods, Inc. – Assignment of Leases City Manager recommending approval of the assignment of three leases by ConAgra Foods, Inc. to Freebird II, LLC. Suggested Disposition: Receive and File; Approve ConAgra - BAL MemoConAgra LetterAssignment #1Assignment #2Assignment #3 5. Dubuque Regional Humane Society Communication from the City Manager to the Miccio Foundation in support of the Dubuque Humane Society’s grant application for veterinary equipment. Suggested Disposition: Receive and File Miccio Foundation Ltr 6. Citizen Communications Communication from Gerhardt Van Drie regarding present methods for disposal of sludge from sewage treatment plants. Communication from Steve Kluesner, Farley IA, regarding garbage laying along the sides of Highway 20 and littering along Kerper Court. Communication from Laura Determan regarding the City’s ordinance on tattoo parlors. Suggested Disposition: Receive and File; Refer to the City Manager Van Drie LtrKluesner LtrDeterman Ltr 3 7. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Interstate Power Company Building located at 1000 Main Street has been accepted for nomination to the National Register of Historic Places by the State National Register Nominations Review Committee. Suggested Disposition: Receive and File State Historical Society Ltr 8. Iowa Department of Economic Development Communication from the Iowa Department of Economic Development advising that the amendment to Enterprise Zone 2 has been approved. Suggested Disposition: Receive and File IDED Ltr 9. Every Child / Every Promise Communication from Eric Dregne, Co-Chair Mississippi Valley Promise, thanking the City Council for their support of the Every Child / Every Promise initiative. Suggested Disposition: Receive and File Dregne Ltr nd 10. Purchase of Property – 506 East 22 Street City Manager recommending approval of the purchase of property located at 506 East nd 22 Street as part of the Bee Branch Creek Restoration Project. nd RESOLUTION Approving the acquisition of real estate located at 506 East 22 Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 506 E 22nd - MVM 506 E 22nd - Staff 506 E 22nd - MemoMemoResolution 4 11. Purchase of Property – 2312 Washington Street City Manager recommending approval of the purchase of property located at 2312 Washington Street as part of the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2312 Washington Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2312 Washington - 2312 Washington - 2312 Washington - MVM MemoStaff MemoResolution 12. Purchase of Property – 2014 Kniest Street City Manager recommending approval of the purchase of property located at 2014 Kniest Street as part of the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2014 Kniest Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2014 Kniest - MVM 2014 Kniest - Staff 2014 Kniest - MemoMemoResolution 13. Purchase of Property – 510, 510½, 512 Rhomberg Street City Manager recommending approval of the purchase of property located at 510, 510½, and 512 Rhomberg Street as part of the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 510, 510½, and 512 Rhomberg Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Rhomberg - MVM Rhomberg - MVM Rhomberg - MemoMemoResolution 14. Millworking Historic District Communication from the Historic Preservation Commission recommending approval of the nomination of the Dubuque Millworking Historic District to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve 5 District - Registration District - HPC LtrCLG Review FormState Historical Property Owner Ltr Form Society Ltr 15. Four Mounds Foundation – Historic Resource Development Program (HRDP) City Manager recommending approval of the State Historical Society of Iowa Historic Development Program (HRDP) grant application for the Four Mounds Foundation for interior restoration and rehabilitation of the White House. RESOLUTION Approving Historic Resource Development Program (HRDP) Grant Application by Four Mounds Foundation Suggested Disposition: Receive and File; Adopt Resolution HRPD Grant HRDP - MVM MemoHRDP - Staff MemoHRDP - Resolution Application 16. Health Choices Administrative Services Fee City Manager recommending approval of the administrative fee presented by Health Choices for the City’s health insurance plan for the period July 1, 2008 through June 30, 2010. Suggested Disposition: Receive and File; Approve Health Choices - Health Choices - Health Choices - Amendment MVM MemoStaff Memo 17. Fifth Street Reconstruction Project – Alpine Street to Hill Street City Manager recommending acceptance of the Fifth Street Reconstruction Project – Alpine Street to Hill Street as completed by Horsfield Construction in the final contract amount of $719,093.93 and the establishment of the final schedule of assessments. RESOLUTION Accepting the Fifth Street Reconstruction Project – Alpine Street to Hill Street and authorizing the payment of the contract amount to the contractor RESOLUTION Adopting the final assessment schedule for the Fifth Street Reconstruction Project – Alpine Street to Hill Street Suggested Disposition: Receive and File; Adopt Resolutions W 5th - Final 5th Street - MVM 5th Street - Staff 5th Street - Final Schedule of Payment Form MemoMemoResolutionsAssessments 6 18. 2007 Sidewalk Assessment Program City Manager recommending approval of the levy of special assessments for the 2007 Sidewalk Inspection Program. RESOLUTION Adopting the final assessment schedule for the 2007 Sidewalk Assessment Program Suggested Disposition: Receive and File; Adopt Resolution 2007 Sidewalk - MVM 2007 Sidewalk - Staff 2007 Sidewalk - 2007 Sidewalk MemoMemoResolutionAssessments 19. Serenity Ridge Agreement City Manager recommending approval an agreement between the City of Dubuque (City) and developer John Herrig (Developer) for the proposed intersection of Plaza Drive and Derby Grange Road. Suggested Disposition: Receive and File; Approve Serenity Ridge - MVM Serenity Ridge - Serenity Ridge CIPSerenity Ridge MemoStaff MemoAgreement 20. Hawthorne Street Railroad Crossing Agreement City Manager recommending approval of the State of Iowa Federal-Aid Grade Crossing Safety Improvement Agreement between the Iowa Department of Transportation, the City of Dubuque, and the Iowa, Chicago, and Eastern Railroad (IC&E Railroad) for the construction and installation of safety improvements at the Hawthorne Street at-grade crossing. RESOLUTION Approving State of Iowa Federal-Aid Grade Crossing Safety Improvement Agreement between the Iowa Department of Transportation, the City of Dubuque, and the Iowa, Chicago, and Eastern Railroad (IC&E Railroad) for the construction of safety improvements at the Hawthorne Street crossing Suggested Disposition: Receive and File; Adopt Resolution Hawthorne - Staff Hawthorne - Hawthorne - IDOT IDOT Agreement Hawthorne - MVM MemoResolutionLtr Memo 7 21. Chavenelle Court – RISE Application City Manager recommending approval of a project agreement with the Iowa Department of Transportation for Revitalize Iowa’s Sound Economy (RISE) funding of street improvements for Chavenelle Court in Dubuque Industrial Center West. RESOLUTION Approving an agreement for RISE. funding with the Iowa Department of Transportation relating to development of Chavenelle Court in the Dubuque Industrial Center West Suggested Disposition: Receive and File; Adopt Resolution RISE - MVM MemoRISE - Staff MemoRISE - ResolutionRISE - IDOT LtrRISE - IDOT Agreement 22. Sustainable Land Development International (SLDI) City Manager recommending approval of an Enterprise Zone Program Agreement between the Iowa Department of Economic Development, the City of Dubuque and Sustainable Land Development International. RESOLUTION Approving an Enterprise Zone Program Agreement between the Iowa Department of Economic Development, the City of Dubuque and Sustainable Land Development International Suggested Disposition: Receive and File; Adopt Resolution SLDI - ResolutionSLDI - Master SLDI - MVM MemoSLDI - Staff Memo Contract 23. Quarterly Investment Report City Manager submitting the March 31, 2008 Quarterly Investment Report. Suggested Disposition: Receive and File Report - MVM MemoReport - Staff MemoInvestment Earnings Schedule of City FdsMonthly Inv Schedule of CD's SummarySummary 24. Enterprise Zone Appointments City Manager recommending confirmation of two appointments to the City’s Enterprise Zone Commission. Suggested Disposition: Receive and File; Approve 8 Appointments - MVM Appointments - Staff Workforce NICC Ltr MemoMemoDevelopment Ltr 25. Preference for Local Purchases of Goods and Services City Manager communication to Jim Mulgrew, Mulgrew Oil Company, in response to his request to be exempted from the City’s preference for local purchases of goods and services. City Attorney’s opinion regarding preference for local purchases of goods and services. Communication from Public Works Director Don Vogt regarding purchases affected by the local preference requirement. Suggested Disposition: Receive and File Mulgrew - MVM LtrMulgrew LtrPurchases - Staff Purchasing Policy Purchases - BAL Memo Memo 26. Water Pollution Control Plant Facility Planning City Manager providing responses to questions raised at the April 14, 2008 City Council Work Session regarding the Water Pollution Control Plant Facility. Suggested Disposition: Receive and File WPCP - MVM MemoWPCP - Staff MemoWPCP - QuestionsWPCP - Upgrade Cost Charts 27. West 32nd Street Detention Basin – State Revolving Funds City Manager recommending approval of the State Environmental Information Document as a prerequisite for the use of State Revolving Loan Funds for the nd construction of the West 32 Street Detention Basin. Suggested Disposition: Receive and File; Approve W 32nd - Staff MemoW 32nd - State Form W 32nd - MVM Memo 9 28. Players Bar and Grill Liquor License City Manager recommending approval of the annual liquor license for Players Bar and Grill located at 1902 Central Avenue for the renewal period of March 5, 2008 to March 4, 2009. RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Players Bar and Grill Suggested Disposition: Receive and File; Adopt Resolution Players - MVM MemoPlayers - Staff MemoPlayers - Resolution 29. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Project Concern and a Class “C” Beer Permit to Oky Doky #1 and Oky Doky #2 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Buffalo Wild Wings Grill and Bar, Shot Tower Inn and Chance R; Special Class “C” Liquor License to Jorja Restaurant; Class “B” Wine Permit to Oky Doky #1 and Oky Doky #2; Class “WBN” Native Wine Permit to Flowers on Main; and a Class “WCN” Native Wine Permit to Stone Cliff Winery Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1Resolution #2 MemoMemo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Groveland Place Sanitary Sewer Reconstruction Project City Manager recommending initiation of the Groveland Place Sanitary Sewer Reconstruction Project and that a public hearing be set for May 19, 2008 to consider approval of the plans and specifications, form of contract and estimate of cost. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Groveland Place Sanitary Sewer Reconstruction Project 10 Suggested Disposition: Receive and File; Adopt Resolution Groveland - MVM Groveland - Staff Groveland - MemoMemoResolutions 2. Historic Designation – 2537 Windsor Avenue Historic Preservation Commission recommending approval of the application of Cheryl Walser Kramer for Individual Historic Designation for property located at 2537 Windsor Avenue and that a public hearing be set for July 7, 2008. Communication from Cheryl Walser Kramer regarding the application for Individually Designated Historic Property at 2537 Windsor Avenue. PROPOSED ORDINANCE Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14(3) Establishing an individually designated historic property at 2537 Windsor Avenue Suggested Disposition: Receive and File; Public Hearing 7/7/08 2537 Windsor - HPC 2537 Windsor - 2537 Windsor - 2537 Windsor - Site 2537 Windsor - Staff 2537 Windsor - Map LtrApplicationAssessor SheetInventoryReport 2537 Windsor - 2537 Windsor - PhotosDCHS Award 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. Human Rights Commission One 3-year vacant term through January 1, 2010 (Term of Coan) Applicants: Jim Allan, 850 Hawkeye Drive Char Eddy, 565 Sunset Ridge TV Cable Regulatory Commission One 3-year vacant term through June 30, 2010 (Term of Pratt) Applicant: Andy Bellings, 2995 Fox Hollow Road 11 Appointments to the following Boards/Commissions: Airport Zoning Commission – Council Appoints from among the Zoning Advisory Commission members Two 6-year vacant, expired terms through January 3, 2014 (Terms of Gaber and Stiles) Volunteering Commissioner: Jeff Stiles, Vice Chairperson, Zoning Advisory Commission Electrical Code Board Five 3-year expired terms through May 21, 2011 (Terms of Mueller, Dixon, Hammel, Reiss, Pfohl – Electrical experience requirement) Applicants: James Dixon, 2505 Marquette Place Dan Hammel, 3163 Hillcrest Road, #4 Library Board of Trustees (Mayor Appointment) Two 4-year vacant terms through June 1, 2011 (Terms of Lindsay and Avery) Applicants: Paula Connors, 818 So. Grandview Avenue Elizabeth Leeper, 1576 Glen Oak Street Thomas Stecher, 2117 Orchard Drive Mike Willis, 1298 Locust Street, #2 Bd and Comm ListOverview SheetHuman Rights TV Cable ApplicationAirport ZoningElectrical Code Bd Applications Library Bd of Trustees 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. Real Estate Contract with Dubuque Community School District Proof of publication on notice of public hearing to consider approval of a real estate contract between the Dubuque Community School District and the City of Dubuque for the purchase of the Kephart Building and City Manager recommending approval. City Manager submitting information regarding the conversion of the Kephart Building to the Multicultural Family Center. City Manager submitting the English Language Learning Program Agreement with the Dubuque Community School District. RESOLUTION Approving and authorizing execution of a real estate contract between the City of Dubuque and Dubuque Community School District, as seller, in the principal amount of $185,000 12 Suggested Disposition: Receive and File; Adopt Resolution Kephart - MVM MemoKephart Bldg - CIPMulticultural Ctr - ISU Article Kephart - Staff Drawing Memo Real Estate - BAL Real Estate - Real Estate ContractELL Agreement ELL - BAL Memo MemoResolution Material from April 21, 2008 City Council Meeting Real Estate - MVM Real Estate - Staff Real Estate - Real Estate ContractKephart Bldg - Staff MemoMemoResolutionMemo 2. Request to Vacate – Liebe Street and Washington Street Proof of publication on notice of public hearing to consider a request from Dubuque Stamp and Manufacturing to vacate and purchase a portion of Liebe Street and Washington Street and City Manager recommending approval. RESOLUTION Approving plat of proposed vacated portions of Liebe Street and Washington Street RESOLUTION Vacating portions of Liebe Street and Washington Street RESOLUTION Disposing of City interest in Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Liebe St - MVM MemoLiebe St - Staff Liebe St - Liebe St - Plats MemoResolutions Material from April 21, 2008 City Council Meeting Liebe St - Staff Liebe St - ResolutionLiebe St - Vicinity Liebe St - Plat of Dubuque Stamp Ltr Liebe St - MVM Memo MemoMapSurvey 13 3. Chavenelle Court Construction Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Chavenelle Court Construction Project and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center West – Chavenelle Court Construction Project Suggested Disposition: Receive and File; Adopt Resolution Chavenelle Ct - MVM Chavenelle Ct - Staff Chavenelle Ct - MemoMemoResolution Material from April 21, 2008 City Council Meeting Chavenelle Ct - MVM Chavenelle Ct - Staff Engineer's EstimateChavenelle Ct - MemoMemoResolution 4. Fiscal Year 2008 Budget Amendment Proof of publication on notice of public hearing to consider the second amendment to the Fiscal Year 2008 Budget and City Manager recommending approval. RESOLUTION Approving second amendment to the Fiscal Year 2008 Budget Suggested Disposition: Receive and File; Adopt Resolution Budget - MVM Memo Budget AmendmentBudget Detail Material from April 21, 2008 City Council Meeting Budget - MVM MemoBudget - Staff MemoBudget - ResolutionBudget AmendmentBudget Detail REINSTATE THE RULES This action limits discussion to the City Council. 14 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. Rush Street Reconstruction Project Communication from Daniel and Mildred Boge requesting an exemption from having a sidewalk installed along their property at 333 Villa Street. Suggested Disposition: Receive and File; Refer to City Manager Rush St - Boge Ltr 2. 409 Burch Street – Eminent Domain Proceedings City Attorney recommending that the resolution authorizing the commencement of eminent domain proceedings to acquire the property at 409 Burch Street be placed on the agenda for the May 19, 2008 City Council meeting and that the enclosed Notice of Intent to Approve Acquisition of Property by Eminent Domain be re-sent to the property owner. Suggested Disposition: Receive and File; Approve 409 Burch - BAL 409 Burch - 409 Burch - Notice of MemoResolutionIntent 3. Adult Entertainment Ordinance City Manager recommending adoption of an ordinance amending the recently adopted Adult Entertainment ordinance to clarify and revise several sections of the ordinance. Communication from Chad W. Thomas, Moyer & Bergman, P.L.C., representing The Adult Warehouse, regarding the adult entertainment licensure ordinance. ORDINANCE Amending City of Dubuque Code of Ordinances Chapter 31 Business Regulations, Article X, Section 31.143 Application; Section 31.145 Standards for Issuance or Denial of License; and Section 31.149 Regulations Applicable to all Adult Entertainment Establishments, to clarify and revise portions or the ordinance Suggested Disposition: Receive and File; Motion B; Motion A Revisions - MVM Revisions - Staff Revisions - Ordinance - Thomas Suggested Motion MemoMemoOrdinanceLtr 15 4. Dubuque Regional Airport Terminal Relocation Project City Attorney recommending approval of the commencement of eminent domain proceedings to acquire property for the Dubuque Regional Airport Terminal Relocation Project. RESOLUTION Authorizing the commencement of eminent domain proceedings for the acquisition of certain real property owned by Ronald Bradley, Brian Bradley and Jeff Bradley at 10719 Merlin Lane in Dubuque County, Iowa for the Dubuque Regional Airport Terminal Relocation Project Suggested Disposition: Receive and File; Adopt Resolution Airport - Ltr to Airport - Notice of Airport - Offer to Airport - BAL LtrAirport - Resolution BradleysIntentPurchase Note: Copy of property appraisal contained on CD as separate file. 5. 2008 Art on the River Arts and Cultural Affairs Advisory Commission requesting City Council concurrence with the selection of artwork for the 2008 Art on the River competition. Suggested Disposition: Receive and File; Approve Art on the River - 2008 Art on the ACAAC LtrRiver 6. Utility Billing Policies and Procedures City Manager recommending approval of amendments to three City ordinances relating to delinquent utility accounts. ORDINANCE Amending City of Dubuque Code of Ordinances Section 40-38 Charges – Billing and Collection ORDINANCE Amending City of Dubuque Code of Ordinances Section 44-86 Lien for Failure to Pay ORDINANCE Amending City of Dubuque Code of Ordinances Section 44-204 Payment of Bills Suggested Disposition: Receive and File; Motion B; Motion A Utility Billing - MVM Utility Billing - Staff Utility Billing - Utility Billing - Utility Billing - Suggested Motion MemoMemoOrdinance #1Ordinance #2Ordinance #3 16 7. Beeler Tree Farm and Breitbach Tree Farm Offer City Manager recommending acceptance of an offer made to Mayor Roy Buol from Beeler Tree Farm and Breitbach Tree Farm for a reduced price on 4-inch diameter trees and approval of a “Sponsor Tree Planting Program” for these trees. Suggested Disposition: Receive and File; Approve Trees - MVM MemoBeeler Tree Farm Ltr Trees - Staff Memo 8. Greater Dubuque Development Corporation Board of Directors Communication from the Greater Dubuque Development Corporation requesting appointments to the Greater Dubuque Development Corporation Board of Directors (currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development Director Dave Heiar and City Council Members Joyce Connors and Kevin Lynch). Suggested Disposition: Receive and File; Council GDDC Ltr 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 and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa Jeanne F. Schneider May 1, 2008 17