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1 20 09 City Council Agenda_No Icons ROLL CALL ORDER FOR MEETING OF 1/20/09 BRAIG BUOL CONNORS JONES LYNCH RESNICK VOETBERG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING TUESDAY, JANUARY 20, 2009 PLEDGE OF ALLEGIANCE INVOCATION Pastor Wayne Whittenbaugh, Apostolic Christian Church 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 10/27; Arts and Cultural Affairs Advisory Commission of 10/28; Cable TV Teleprogramming Commission of 12/2; City Council of 1/5 and 1/6; Zoning Advisory Commission of 1/7; Zoning Board of Adjustment of 12/18 Proofs of publication of City Council Proceedings of December 15, 2008 and List of Claims and Summary of Revenues for Month Ending November 30, 2008 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Scott D. Hos for vehicle damage; Karen Lyness for personal injury; Jacob R. Bellings for vehicle damage; Joan M. Miller for personal injury; Judd Billmeyer for vehicle damage; Paul Swartzel 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: William Latham for personal injury; EMC Insurance Companies, representing Karen Lyness, for personal injury; Noel Ploessl for vehicle damage; Jacob Bellings for vehicle damage; Judd Billmeyer for vehicle damage; Jim David for property damage; Joan Miller for personal injury City Attorney recommending settlement of the claim of Bonjour Estates for property damage Suggested Disposition: Receive and File; Concur 3. City Development Board Steven R. McCann, City Development Board Administrator, submitting the Filing of Written Decision and the Findings of Fact and Conclusions of Law and Determination in the matter of the City of Asbury Voluntary Annexation within the Urbanized Area of the City of Dubuque, Iowa. Suggested Disposition: Receive and File 4. Iowa Department of Transportation Communication from the Iowa Department of Transportation advising that IDOT intends to renew the corridor preservation zone along U.S. 20 from the Peosta interchange easterly to near the intersection with the Northwest Arterial. Suggested Disposition: Receive and File 5. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Stock Clerk, Mechanic, and Parking System Technician. Suggested Disposition: Receive and File; Make a Matter of Record 6. Crescent Heights Subdivision City Manager recommending acceptance of the public improvements which the developer, McDermott Real Estate, LLC, has recently completed in Crescent Heights Subdivision. RESOLUTION Accepting improvements in Crescent Heights Subdivision Suggested Disposition: Receive and File; Adopt Resolution 2 7. Arbor Estates – Phase 3 Subdivision City Manager recommending acceptance of the public improvements which the developer, Kivlahan Farms, LC, has completed in Arbor Estates Subdivision - Phase 3 in the City of Dubuque, Iowa. RESOLUTION Accepting improvement in Arbor Estates – Phase 3 Subdivision Suggested Disposition: Receive and File; Adopt Resolution 8. Cedar Ridge Farm Place No. 4 – Stormwater Detention Improvements City Manager recommending acceptance of the stormwater detention facilities which the developer, Nemmers Cedar Ridge Farm Limited Partnership, has recently completed in Cedar Ridge Farm Place No. 4. RESOLUTION Accepting stormwater detention improvements in Cedar Ridge Farm Place No. 4 Suggested Disposition: Receive and File; Adopt Resolution 9. Revitalize Iowa’s Sound Economy (RISE) Application City Manager recommending approval of a resolution endorsing a RISE grant application for construction of a new street north from Chavenelle Drive to serve approximately 75 acres of industrial property located on the former North Siegert Farm. RESOLUTION Endorsing the submission of a Revitalize Iowa’s Sound Economy (RISE) Application to the Iowa Department of Transportation for the construction of a street north from Chavenelle Road to access lots in the Dubuque Industrial Center North Siegert Area Suggested Disposition: Receive and File; Adopt Resolution 10. Development Agreement – 40 Main, LLC City Manager recommending approval of a Development Agreement between the City and 40 Main, LLC for the revitalization of property located at 40 – 42 Main Street in downtown Dubuque. RESOLUTION Approving a Development Agreement for the redevelopment of 40 Main Street Suggested Disposition: Receive and File; Adopt Resolution 11. Enterprise Zone Commission Appointments City Manager recommending approval of the three at-large appointments of Dan LoBianco, Doug Stillings and Doug Buswell to the City’s Enterprise Zone Commission. Suggested Disposition: Receive and File; Approve 3 12. Purchase of Property – 6950 Pennsylvania Avenue City Manager recommending acceptance of the warranty deed to certain real estate located at 6950 Pennsylvania Avenue from Lloyd and Jane Steffen. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Lloyd and Jane Steffen Suggested Disposition: Receive and File; Adopt Resolution 13. Plat of Survey – Old Davenport Road Zoning Advisory Commission recommending approval of the Plat of Survey on Old Davenport Road as requested by David Chapin. RESOLUTION Approving the plat of survey of Lot 1 of Lot 2 and Lot 2 of Lot 2 of the southeast quarter of the southeast quarter of Section 24, Township 88 North, Range 2 east of the Fifth P.M. in Table Mound Township in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 14. Dubuque Water Trail Grant Application City Manager recommending approval of an Iowa Water Trails grant application for the Dubuque Water Trail, which will stretch from Lock and Dam No. 11 south to Massey Marina Park along the Mississippi River. RESOLUTION Approving the submittal of an application for Iowa Water Trail Funding to the Iowa Department of Natural Resources for the Dubuque Water Trail Suggested Disposition: Receive and File; Adopt Resolution 15. Alcohol Compliance – Civil Penalties for Alcohol License Holders City Manager recommending approval of the Acknowledgement/Settlement Agreements for selling alcohol to an underage person by Bricktown Brewery, Las Margaritas, and Shannon’s Bar and Grill. Suggested Disposition: Receive and File; Approve 16. Tobacco Compliance – Civil Penalties for Tobacco Permit Holders City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for selling tobacco to underage persons by Oky Doky (2010 Kerper Boulevard), Road Ranger and Hy-Vee #3. Suggested Disposition: Receive and File; Approve 4 17. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts City Manager recommending approval of the submission of delinquent water, sewer, refuse and stormwater collection accounts to the Dubuque County Treasurer. RESOLUTION Adopting the Schedule of Assessments for delinquent water, refuse, sewer and stormwater collection accounts and 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 18. Comprehensive Annual Financial Report (CAFR) City Manager transmitting the Fiscal Year 2008 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City Responses to the Management Letter. Suggested Disposition: Receive and File 19. University of Dubuque Usage Agreement City Manager recommending approval of a Usage Agreement with the University of Dubuque for the 2009 Alumni Basketball Tournament. Suggested Disposition: Receive and File; Approve 20. Julien Dubuque Monument Historic Preservation Commission recommending approval of a request from the Friends of the Mines of Spain for Historic District Public Improvement Program (HDPIP) funds for an improvement project at the Julien Dubuque Monument, with conditions. Suggested Disposition: Receive and File; Approve 21. Alliant Energy – Letter of Agreement City Manager recommending approval of a letter of agreement with Alliant Energy concerning placement of outdoor cameras on Alliant Energy utility poles. Suggested Disposition: Receive and File; Approve 22. Dubuque Regional Airport Terminal Relocation Project City Manager recommending approval of a revised legal description for property located at 10719 Merlin Lane with the fair market value remaining at the figure set forth previously. RESOLUTION Establishing the Fair Market Value of Real Property at 10719 Merlin Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey Bradley, and Brian Bradley Suggested Disposition: Receive and File; Adopt Resolution 5 23. Dress Insurance Claim City Manager recommending settlement of the claim of Leonard Dress for vehicle damage. Suggested Disposition: Receive and File; Approve 24. Dubuque Humane Society – Purchase of Service Agreement City Manager recommending approval of a new five-year Purchase of Services Agreement between the City of Dubuque and the Dubuque Regional Humane Society. Suggested Disposition: Receive and File; Approve 25. Business License Refund Request of Susan Harle-Heim, Hudson’s Classic Grill, for a refund of License No. LC0053803 in the amount of $211.25. Suggested Disposition: Receive and File; Approve 26. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Awn Stop Mart and Hartig Drug #4 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Taiko Japanese Restaurant and a Class “B” Wine Permit to Hartig Drug #4 Suggested Disposition: Receive and File; Adopt Resolutions ITEM TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Floodwall Levee Slope Stabilization Project City Manager recommending initiation of the public bidding process for the Floodwall Levee Slope Stabilization Project and that a public hearing be set for February 2, 2009, 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 Floodwall Levee Slope Stabilization Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/2/09 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. Community Development Advisory Commission Two 3-year terms through February 15, 2012, Low/Moderate Income Area and At-Large Requirements (Terms of Wainwright and Stubben) Applicants: Hilary Stubben, 2433 Broadway Street (Low/Moderate Income Area) Thomas Wainwright, 1800 Elm Street (At-Large) 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. Dubuque Industrial Center Planned Unit Development District (Tabled on November 17, 2008) City Manager requesting that this item be re-tabled until the April 6, 2009 City Council meeting. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 Suggested Disposition: Remove from Table; Receive and File; Table 2. 15264 Middle Road – Request to Rezone Proof of publication on notice of public hearing to consider a request from Thomas and Karen Gerhard to rezone property located at 15264 Middle Road from County R-2 Single-Family Residential District to City CS Commercial Services and Wholesale District 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 15264 7 Middle Road from Dubuque County R-2 Single-Family Residential District to City CS Commercial Services and Wholesale District Suggested Disposition: Receive and File; Motion B; Motion A nd 3. 607 East 22 Street – Request to Rezone Proof of publication on notice of public hearing to consider a request from Paul nd Wheelock to rezone property located at 607 East 22 Street from C-1c Neighborhood Commercial District, with conditions, to C-1 Neighborhood Commercial District and Zoning Advisory Commission recommending approval, with conditions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 607 – 609 nd East 22 Street from C-1 Neighborhood Commercial District, with conditions, to C-1 Neighborhood Commercial District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A 4. 777 Edwards Road – Amendment to Planned Unit Development District Proof of publication on notice of public hearing to consider a request from Doug Edwards / Edwards Family Realty, LLC to expand the existing Planned Unit Development District by rezoning property from R-1 Single-Family Residential District to PI Planned Industrial District 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 777 Edwards Road from R-1 Single Family Residential District to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a revised Conceptual Development Plan for Edwards Cast Stone Suggested Disposition: Receive and File; Motion B; Motion A 5. Oak Grove Sanitary Sewer and Water Main Extension Project Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Oak Grove Sanitary Sewer and Water Main Extension Project RESOLUTION Approvingschedule of assessments and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project Suggested Disposition: Receive and File; Adopt Resolutions 8 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. Greater Dubuque Development Corporation Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, to provide verbal report on the activities of GDDC. Suggested Disposition: Receive and File 2. Final Plat – English Ridge Subdivision Zoning Advisory Commission recommending approval of the final plat of English Ridge Subdivision as requested by English Ridge LLC. RESOLUTION Approving Final Plat of English Ridge Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3. Millworking Warehouse District Agreement City Manager recommending approval of an Agreement with Dubuque Main Street for the hiring of a Resource Development Director for the Millworking Warehouse District. Suggested Disposition: Receive and File; Approve 4. Youthbuild Contract City Manager recommending approval of the submission of a Federal Youthbuild grant application. Suggested Disposition: Receive and File; Approve 5. Valet Parking City Manager recommending approval of changes to the special events permit ordinance in response to a request to offer valet parking in the downtown business district. ORDINANCE Amending City of Dubuque Code of Ordinances Sections 33-21 and 33- 21.2 to provide for valet parking in the downtown business district by requiring businesses to obtain a special events permit and provide a plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines Suggested Disposition: Receive and File; Motion B; Motion A 9 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 January 15, 2009 10