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7 7 08 City Council Agenda_Icons ROLL CALL ORDER FOR MEETING OF 7/7/08 BUOL CONNORS JONES LYNCH RESNICK VOETBERG BRAIG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – SPECIAL SESSION – DOWNTOWN PARKING STUDY 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, JULY 7, 2008 PLEDGE OF ALLEGIANCE INVOCATION Associate Pastor Bob Gross, Holy Spirit Pastorate PROCLAMATIONS Dubuque County Fair Week (July 22 – 27, 2008) United Way Campaign Time (August 13 – October 31, 2008) Fair WeekUnited Way Campaign Time 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 Airport Commission of 3/25 and 4/28; Arts and Cultural Affairs Advisory Commission of 5/27; Cable TV Teleprogramming Commission of 5/6; City Council of 6/16 and 6/30; Civil Service Commission of 5/16; Environmental Stewardship Advisory Commission of 7/1; Housing Commission of 4/10; Housing Commission Trust Fund Committee of 4/2; Plumbing Board as Amended of 2/28; Zoning Advisory Commission of 6/18 Proofs of publication of City Council Proceedings of June 2, 4, 9 and 16, 2008 Library Board of Trustees Update from Meeting of June 24, 2008 Suggested Disposition: Receive and File ACAACAirport - 3/25Airport - 4/28Cable TVCity Council - 6/16City Council - 6/30 Civil ServiceESACHousingHousing Trust FdPlumbing BdZoning Library Bd Update 2. Notice of Claims/Suits Laddie and Carol Sula for vehicle damage; Justin Ramos for vehicle damage; Adolph Dominick Petrillo III for vehicle damage; Jim Huff for vehicle 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: Adolph Petrillo for vehicle damage; Vernon E. Puls for property damage Suggested Disposition: Receive and File; Concur Claims - ICAP 3. Livability Awards Program Communication from Senator Tom Harkin congratulating the City on the first place honors in the 2008 City Livability Awards Program. Suggested Disposition: Receive and File 2 Harkin Ltr 4. Board and Commission Resignations Merle J. Duehr submitting his resignation from the Civil Service Commission effective June 30, 2008. Angela Mozena submitting her resignation from the Housing Commission effective August 17, 2008. Suggested Disposition: Receive and File; Accept Resignations Duehr LtrMozena Ltr 5. Project Management – Part-Time Confidential Account Clerk City Manager recommending approval of the creation of a part-time Confidential Account Clerk position (30 hours a week) to assist the Project Manager in the Engineering Department. Suggested Disposition: Receive and File; Approve Acct Clerk - MVM Acct Clerk - Staff MemoMemo 6. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Police Officer, Information Technology Specialist and Assistant Gardener. Suggested Disposition: Receive and File; Make a Matter of Record Police OfficerInformation Assistant Gardener Technology Specialist 7. Citizen Communication Communication from Paula Gieseman regarding her appointment to the Civil Service Commission. Suggested Disposition: Receive and File 3 Gieseman Ltr 8. Letter of Support City Manager recommending approval of a Letter of Support for the U.S. Coast Guard’s wharf replacement project in the Ice Harbor at the Port of Dubuque. Suggested Disposition: Receive and File; Approve US Coast Guard Ltr 9. Workers’ Compensation Excess Insurance City Manager recommending approval of the renewal rate submitting by Safety National for the excess workers’ compensation insurance effective July 1, 2008 through June 30, 2009. Suggested Disposition: Receive and File; Approve Workers Comp - MVM Workers Comp - Workers' Comp - MemoStaff MemoProposal 10. Vacant and Abandoned Building and Problem Property Assessments City Manager recommending approval of vacant and abandoned building and problem property assessments. RESOLUTION Adopting the schedule of assessments for the vacant and abandoned building and problem property 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 RESOLUTION Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Section 26-3(b)(1)h; Section 26- 4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions Assessments - MVM Assessments - Staff Assessments - Memo MemoResolution 4 11. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Dubuque Millworking Historic District will be considered by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places on August 22, 2008. Suggested Disposition: Receive and File Historical Society Ltr 12. Ice Harbor Transient Boat Dock Project City Manager recommending acceptance of the Ice Harbor Transient Boat Dock Project as completed by Newt Marine in the final contract amount of $520,546.71. RESOLUTION Accepting the Port of Dubuque – Ice Harbor Transient Boat Dock Facility Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Boat Dock - Final Boat Dock - MVM Boat Dock - Staff Boat Dock - Payment Form MemoMemoResolution 13. Downtown Streetlight and Traffic Signalization Pole Painting Project City Manager recommending acceptance of the Downtown Streetlight and Traffic Signalization Pole Painting Project as completed by Alan Jackson Tuckpointing, Inc. in the amount of $66,541.90. RESOLUTION Accepting the Downtown Streetlight and Traffic Signalization Pole Painting Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Suggested Disposition: Receive and File; Adopt Resolution Painting - Final Painting - MVM MemoPainting - Staff Painting - Resolution Payment Form Memo 14. Bee Branch Creek Restoration Project City Manager recommending approval to negotiate and execute a contract with History Pays! for a fee not to exceed $26,987 for the Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve 5 Bee Branch - MVM Bee Branch - Staff Bee Branch - RFPHistory Pays MemoMemoProposal 15. Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project City Manager recommending award of the contract for the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project to Price Industrial Electric in the amount of $408,622. RESOLUTION Awarding public improvement contract for the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project Suggested Disposition: Receive and File; Adopt Resolution Locust St - Staff Locust St - MVM Locust St - Locust St - Bid Tab Memo MemoResolution 16. Plat of Survey – Park View No. 2 Zoning Advisory Commission recommending approval of the Plat of Survey of Park View No. 2. RESOLUTION Approving the Plat of Survey of Park View No. 2 Suggested Disposition: Receive and File; Adopt Resolution Park View #2 - ZAC Park View #2 - Staff Park View #2 - Park View #2 - PlatPark View #2 - LtrMemoVicinity MapResolution 17. Plat of Survey – Park View No. 3 Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 of Park View No. 2. RESOLUTION Approving the Plat of Survey of Park View No. 2 Suggested Disposition: Receive and File; Adopt Resolution Park View #3 - ZAC Park View #3 - Staff Park View #3 - Park View #3 - PlatPark View #3 - LtrMemoVicinity MapResolution 6 18. SDAT Report City Manager transmitting the American Institute of Architect’s Sustainable Design Assessment Team Report and Media Plan. Suggested Disposition: Receive and File SDAT - MVM MemoSDAT - Media PlanDubuque SDAT Report 19. Cooper Development, LLC City Manager recommending approval of an agreement with Cooper Development, LLC rd to maintain as a parking lot the future city-owned parking lot at the corner of 3 Street and Locust Street. RESOLUTION Approving an agreement with Cooper Development Company, LLC in rd regard to the parking lot located at the southeast corner of 3 Street and Locust Street Suggested Disposition: Receive and File; Adopt Resolution Cooper Dev - MVM Cooper Dev - Staff Cooper Dev - Cooper Development MemoMemoResolutionAgreement 20. Downtown Rehabilitation Loan and Façade Grant City Manager recommending approval of a $10,000 Façade Grant and a $300,000 Downtown Rehabilitation Loan to support the rehabilitation of property at 1005 Main Street. RESOLUTION Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan and Façade Grant for property located at 1005 Main Street Suggested Disposition: Receive and File; Adopt Resolution Rehab Loan - MVM Rehab Loan - Staff Rehab Loan - Letter of DRLP Application MemoMemoResolutionCommitment 21. Fiscal Year 2009 Arts and Culture Funding Program Arts and Culture Affairs Advisory Commission recommending approval of twelve Fiscal Year 2009 Arts and Culture Operating Support funding requests and authorization for the City Manager to sign the funding agreements. Suggested Disposition: Receive and File; Approve 7 Operating Support - Operating Support ACAAC LtrWorksheet 22. Fiscal Year 2009 Special Projects Arts and Culture Grants Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal Year 2009 Arts and Culture Grants for Special Projects and authorization for the City Manager to sign the grant agreements. Suggested Disposition: Receive and File; Approve Grants - ACAAC Ltr 23. Workers’ Compensation Claim City Manager recommending approval of the settlement agreement for the workers’ compensation claim of Scott Pape. Suggested Disposition: Receive and File; Approve Claim - MVM MemoClaim - Brumwell Claim - BAL MemoCompromise MemoSettlement 24. Purchase of Property – SB Development, LLC City Manager recommending acceptance of the deed for property purchased from SB Development, LLC for the Bee Branch project. RSEOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC Suggested Disposition: Receive and File; Adopt Resolution Purchase - MVM Purchase - BAL Purchase - Warranty DeedPurchase - Vicinity MemoMemoResolutionMap 25. Assistance to Firefighters Grant City Manager recommending approval of an Assistance to Firefighters Grant application for 2008 that is administered through the Federal Homeland Security Department. Suggested Disposition: Receive and File; Approve 8 Grant - MVM MemoGrant - Staff Memo 26. Mutual Aid Agreement – Galena, IL City Manager recommending approval of a 28E Mutual Aid Agreement for aerial ladder apparatus between the City of Dubuque and the City of Galena, IL. Suggested Disposition: Receive and File; Approve Mutual Aid - MVM Mutual Aid Mutual Aid - Staff MemoAgreement Memo 27. Eide Bailly Audit Agreement City Manager advising that the Eide Bailly Audit Engagement Letter has been signed. Suggested Disposition: Receive and File; Approve Eide Bailly - MVM Eide Bailly - Staff Eide Bailly - Ltr of MemoMemoEngagement 28. City Development Board Communication from Steven R. McCann, City Development Board, advising that the City of Dubuque’s voluntary annexation request will be heard by the Board on July 9, 2008. Suggested Disposition: Receive and File Annexation - Annexation - Notice McCann Ltrof Mtg 29. Climate Communities Membership City Manager recommending that the City join Climate Communities, an organization that is partnering with the International Council for Local Environmental Initiatives (ICLEI) to promote local government leadership regarding climate change. Suggested Disposition: Receive and File; Approve Membership - MVM Membership - Staff MemoMemo 9 30. PEG Capital Grant Expenditure Request City Manager recommending approval of five requests for funding from the Capital Grant for Access Equipment and Facilities. Suggested Disposition: Receive and File; Approve PEG - MVM MemoPEG - Staff MemoJefferson Grant City Grant Wahlert Reidy Wahlert Lavenz ApplicationApplicationApplicationApplicationi City Camcorder Application 31. City Manager Employment Agreement Submittal of the Eighteenth Amendment to the City Manager’s Employment Agreement for approval. Suggested Disposition: Receive and File; Approve Employment Agreement 32. Bluff Overlay District Ordinance Communication from the Dubuque Board of Realtors in opposition to the proposed bluffland ordinance. Communication from Mike and Cheri Sullivan, 838 Althauser, in opposition to the proposed Bluff Overlay District ordinance. Communication from Mark E. Molo, Molo Companies, in opposition to the Bluff Overlay District. Suggested Disposition: Receive and File Bd of Realtors LtrSullivan LtrMolo Ltr 10 33. Arts and Cultural Affairs Advisory Commission Communication from the Arts and Cultural Affairs Advisory Commission regarding the Edward S. Curtis: The North American Indian collection. Suggested Disposition: Receive and File Collection - ACAAC Ltr 34. Fremont Heights Detention Basin City Manager submitting information in response to a complaint about the Fremont Heights Detention Basin. Suggested Disposition: Receive and File Basin - MVM MemoBasin - Staff Memo 35. Liquor License Transfers The Rotary Club requesting a transfer of their liquor license to the Alliant Outdoor Amphitheater at the Star Brewery Company on July 26 and August 23, 2008. Suggested Disposition: Receive and File; Approve 36. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette papers to Pioneer’s Rest Area RESOLUTION Granting the issuance of 28 renewal permits to sell cigarettes and cigarette papers RESOLUTION Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Dubuque Jaycees; and a Class “C” Beer Permit to Cedar Cross Amoco and Oky Doky #6 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License (5-day) to Dubuque Area Labor Management Council; and a Class “B” Wine Permit to church of the Resurrection and Oky Doky #6 Suggested Disposition: Receive and File; Adopt Resolutions 11 Renewals - MVM Resolution #2 Renewals - Staff Resolution #1Resolution #3Resolution #4 Memo Memo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. th 1. 11 Street Steps and Grove Terrace Retaining Wall Repair Project th City Manager recommending initiation of the public bidding process for the 11 Street Steps and Grove Terrace Retaining Wall Repair Project and that a public hearing be set for July 21, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION Preliminary approval of plans, specifications, form of contract, and th estimated cost, setting date of public hearing and ordering bids for the 11 Street Steps and Grove Terrace Retaining Wall Repair Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/21/08 Wall - MVM MemoWall - Staff MemoWall - Resolution 2. Iowa Street Parking Ramp to NICC Building – Walkway Project City Manager recommending initiation of the public bidding process for the Iowa Street Parking Ramp to NICC Building – Walkway Project and that a public hearing be set for July 21, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Iowa Street Parking Ramp to NICC Building – Walkway Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/21/08 Walkway - MVM Walkway - Staff Walkway - MemoMemoResolution 12 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 (Mayor Appointment) One 4-year vacant term though April 6, 2009 (Term of Duehr) Applicants: John Stevens, 2215 Graham Circle Daniel White, 2919 Elm Street Historic Preservation Commission (Cathedral Hill District Representative) One 3-year vacant term through July 1, 2012 (Term of Coty) Applicant: Michael Knight, 205 Bluff Street Transit Board of Trustees Two 3-year expired terms through July 30, 2011 (Terms of Enderson, Lightcap, Davidson) Applicants: George Enderson, Jr., 511 St. George Street Joel Lightcap, 1985 Alta Vista Street Zoning Board of Adjustment One 5-year vacant term though March 25, 2013 (Term of Urell) Applicant: Jeff Cremer, 919 ½ Bluff Street Bd and Comm ListOverview SheetCivil Service HPC ApplicationTransit ApplicationsZBA Application 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. Individual Historic Designation – 2537 Windsor Avenue Proof of publication on notice of hearing to consider Individual Historic Designation of 2537 Windsor Avenue and Long Range Planning Advisory Commission recommending approval as it is consistent with the 2008 Dubuque Comprehensive Plan. Communication from the State Historical Society of Iowa regarding the designation of 2537 Windsor Avenue as an Individually Designated Historic Property. 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; Motion B; Motion A 13 2537 Windsor - 2537 Windsor - State 2537 Windsor - Staff 2537 Windsor - 25370 Windsor - County Assessor LRPAC LtrLtrMemoOrdinanceApplicationSheet Site Inventory Form2537 Windsor - Staff 2537 Windsor - 2537 Windsor - Suggested Motion ReportPhotosVicinty Map 2. Cottingham and Butler – Request for Text Amendment Proof of publication on notice of public hearing to consider a request from Cottingham and Butler for a text amendment to the C-5 Downtown Business District Sign Regulations to place a freestanding sign along the Main Street frontage and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District, and adopting a new Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to the thth addition of freestanding identification signs from 8 to 10 Streets along either side of Main Street Suggested Disposition: Receive and File; Motion B; Motion A C & B - ZAC LtrC & B - Application C & B - Staff MemoC & B - OrdinanceC-5 Sign RegulationsSuggested Motion Materials 3. City of Dubuque – Request for Text Amendment Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the Dubuque Industrial Center West PUD Planned Unit Development Sign Regulations to allow primary signs to identify products or services and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Sections E(3)(A)(2) and E(3)(A)(3) of Ordinance 83-04 And enacting new Sections E(3)(A)(2) And E(3)(A)(3) in lieu thereof pertaining to on- premise primary signage of the PI Planned Industrial District for Dubuque Industrial Center West Suggested Disposition: Receive and File; Motion B; Motion A DICW - ZAC LtrDICW - Staff MemoDICW - ApplicationDICW - OrdinanceDICW - McDonald LtrSuggested Motion 14 4. Water Pollution Control Plant Facility Plan Proof of publication on notice of public hearing to consider a facility planning process and schedule for biosolids treatment at the Water Pollution Control Plant and City Manager recommending approval. Correspondence and CD from Gerhardt Van Drie regarding the operation of the Water Pollution Control Plant. Suggested Disposition: Receive and File; Approve WPCP Facility - MVM WPCP Power PointVan Drie Van Drie Ltr WPCP Facility Plan MemoAdvertisement Material from May 19, 2008 City Council Meeting WPCP Facility - MVM WPC Facility - Staff VanDrie Ltr - 4 21 08VanDrie MVM MemoMemoResponse - 5 13 08 VanDrie Ltr - 5 13 08VanDrie Ltr - 5 14 08MVM Council - Memo WPCP - Questions 5 15 08 REINSTATE THE RULES This action limits discussion to the City Council. 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. Memorial Donation – Resurface Tennis Courts in Eagle Point Park City Manager recommending acceptance of a $30,000 donation from the family of Mr. and Mrs. Robert Klavitter to resurface and improve the tennis courts in eagle Point Park. Suggested Disposition: Receive and File; Approve Donation - MVM Donation - Staff Memo Memo 2. Request to Address the City Council – Alan B. Chidley City Attorney recommending denial of the claim of Alan B. Chidley for vehicle damage. Communication from Alan B. Chidley regarding the denial of his claim for vehicle damage. 15 City Attorney submitting information regarding the denial of Alan B. Chidley’s claim for vehicle damage. Suggested Disposition: Receive and File; Council Claim - DenialClaim - Chidley LtrChidley Claim - BAL Response 3. Tattoo Ordinance City Manager submitting information regarding the City’s ordinance regulating tattooing and providing three options for City Council consideration. ORDINANCE Amending City of Dubuque Code of Ordinances by repealing Section 23- 2 Tattooing and adopting a new Section 23-2 to allow tattooing under the supervision of a Medical Doctor (MD) or Osteopath (DO) Or ORDINANCE Amending City of Dubuque Code of Ordinances by repealing Section 23- 2 Tattooing and adopting a new Section which adopts the State of Iowa Tattooing Code and Administrative Rules Suggested Disposition: Receive and File; Council; Motion B; Motion A Tattoo Ordinance - Tattoo Ordinance - Tattoo Ordinance - Tattoo Ordinance #1Tattoo Ordinance #2 MVM MemoStaff MemoViner Ltr Suggested Motion 4. Community Economic Betterment Account (CEBA) – Quebecor City Manager recommending approval of a Community Economic Betterment Account (CEBA) Application and a High Quality Job Program Application to the Iowa Department of Economic Development on behalf of Quebecor World Dubuque and a $100,000 UDAG Loan from the City. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) and High Quality Jobs Program (HQJP) application on behalf of Quebecor World Dubuque, Inc. Suggested Disposition: Receive and File; Adopt Resolution 16 CEBA - MVM MemoCEBA - Staff MemoCEBA - ResolutionQuebecor - Application 5. Stone Cliff – Lighting on Railroad Bridge Communication from Bob Smith, Stone Cliff Wintery, requesting a letter of support for the installation of holiday style lighting on the railroad bridge from the Port of Dubuque to the tunnel entrance in East Dubuque. Suggested Disposition: Receive and File; Council Stone Cliff Ltr 6. Washington Street Row House Purchase City Manager recommending approval of the purchase of a row house apartment unit located at 1787 Washington Street as part of the Washington: Revitalize! strategy. RESOLUTION Approving the acquisition of real estate located at 1787 Washington Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Row House - MVM Row House - PhotoNeighborhod Parcels Row House - Staff Row House - Memo MemoResolution 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 July 3, 2008 17