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2 2 09 City Council Agenda _No Icons ROLL CALL ORDER FOR MEETING OF 2/2/09 BUOL CONNORS JONES LYNCH RESNICK VOETBERG BRAIG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – WORK SESSION ON HISTORIC MILLWORK DISTRICT MASTER PLAN 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, FEBRUARY 2, 2009 PLEDGE OF ALLEGIANCE INVOCATION The Reverend Kathleen Milligen, St. John's Episcopal 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 Arts and Cultural Affairs Advisory Commission of 11/25; City Council of 1/15, 1/20 and 1/26; Electrical Code Board of 1/26; Housing Commission of 10/7; Library Board of 10/23, 11/10, 11/20, and 12/18; Park and Recreation Commission of 1/13; Library Board of Trustees Update from Meeting of December 18, 2008 Proofs of publication of City Council Proceedings of January 5 (Special Meeting and Regular Session), January 6, and January 15, 2009 rd Investment Oversight Commission submitting the 63 Quarterly Report Suggested Disposition: Receive and File 2. Notice of Claims/Suits Ken Duffy for vehicle damage; Thomas J. Hamel for property damage; Lindsay Kruser for vehicle damage; Craig Pfohl for vehicle damage; Gina Seeling for vehicle damage; John F. Moran for vehicle damage; Austin M. Eppler for vehicle damage; Mary Lucas for personal injury; Courtney Dolan for personal injury; Gary and Kerry Massey for property damage; Nicole Morgan for personal injury/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: Paul Swartzel for vehicle damage; Tom Hamel for property damage; Ken Duffy for vehicle damage; Craig Pfohl for vehicle damage; Lindsay Kruser for vehicle damage; Mary Lucas for personal injury/property damage; Austin Eppler for vehicle damage; John Moran for vehicle damage; Gina Seeling for vehicle damage; Courtney Dolan for personal injury City Attorney recommending denial of the claim of Scott D. Hos for vehicle damage. Suggested Disposition: Receive and File; Concur 3. Acceptance of Warranty Deeds – Junnie and Rich’s Coin Partnership City Manager recommending acceptance of the warranty deeds for two parcels of land owned by Junnie and Rich’s Coin Partnership which were needed for the Bee Branch Creek Restoration Project. RESOLUTION Accepting conveyance of real property described as Lot 319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an addition in the City of Dubuque, Iowa and Lot 353 and the Easterly One-Half of Lot 352 in East Dubuque No. 2, an addition in the City of Dubuque, Iowa to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 4. Quarterly Investment Report City Manager submitting the Quarterly Investment Report for the period from October 1, 2008 through December 31, 2008. Suggested Disposition: Receive and File 5. Professional Services for Design of the Iowa 32 Hike/Bike Trail – Phase II Project City Manager recommending approval of the selection of Buesing and Associates for professional design services for the Iowa 32 Bike/Hike Trail Phase 2 project. Suggested Disposition: Receive and File; Approve 6. 2008 Government Performance and Results Act (GPRA) Annual Report City Manager submitting the 2008 Government Performance and Results Act (GPRA) Annual Products Report. Suggested Disposition: Receive and File 2 7. 2008 Certified Local Government (CLG) Annual Report City Manager submitting the 2008 Certified Local Government (CLG) Annual Report. Suggested Disposition: Receive and File 8. PEG Access Request City Manager recommending approval of a request from Mediacom for $1,300 from the Capital Grant for Access Equipment and Facilities to configure the master control room at the public access studio and install the necessary equipment to provide audio for the Cablecast Carousel graphic bulletin board system. Suggested Disposition: Receive and File; Approve 9. Cable Car Square Association Communication from Teri Connely, Cable Car Square President, thanking the City and the snow removal crews for their efforts after the heavy snowfall the weekend before Christmas. Suggested Disposition: Receive and File 10. Iowa Department of Economic Development – International Business Machines Corporation City Manager recommending approval of the submittal of a State of Iowa financial assistance application to the Iowa Department of Economic Development on behalf of IBM Corporation. RESOLUTION Authorizing the filing of a State of Iowa Financial Assistance Application on behalf of IBM Corporation Suggested Disposition: Receive and File; Adopt Resolution 11. Dubuque Professional Firefighters Association Local #353 City Manager recommending approval of a two-year collective bargaining agreement between the City and the Dubuque Professional Firefighters Association Local #353. RESOLUTION Approving the agreement between the City of Dubuque, Iowa and Dubuque Professional Firefighters Association, Local #353 and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution 12. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Communication from Chuck Goddard, Agency Administrator for DMASWA, submitting the Agency’s Fiscal Year 2010 fee schedule which goes into effect on July 1, 2009. Suggested Disposition: Receive and File 3 13. Lease Agreement – Dubuque Racing Association City Manager recommending approval of the Third Amendment to the existing Lease Agreement between the City of Dubuque, as owner of Dubuque Greyhound Park and Casino, and the Dubuque Racing Association. Suggested Disposition: Receive and File; Approve nd 14. Purchase of Property – 317 / 319 East 22 Street City Manager recommending approval of the purchase of a residential rental dwelling nd located at 317 / 319 E 22 Street, as part of the acquisition program associated with the Bee Branch Creek Restoration Project. nd RESOLUTION Approving the acquisition of real estate located at 317 / 319 E 22 Street, in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 15. Isaac Hanna Subdivision Communication from George B. Isaac, Isaac Hanna, LLC, requesting a final inspection and acceptance of public improvements completed in Isaac Hanna Subdivision. Suggested Disposition: Receive and File; Refer to City Manager 16. Iowa Department of Transportation – Right-of-Way Acquisition Services Agreement City Manager recommending approval of a Right-of-Way Acquisition Services Agreement with the Iowa Department of Transportation for the Southwest Arterial Project. RESOLUTION Approving the Iowa Department of Transportation Right-of-Way Acquisition Services Agreement for City street relocations and/or reconstruction for City of Dubuque Southwest Arterial Suggested Disposition: Receive and File; Adopt Resolution 17. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit to Pizza Hut #4690 and #4691 and a Class “C” Beer Permit to Big 10 Mart RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Goetz’ and Mario’s Italian Restaurant; and a Special Class “C” Liquor License to Café Manna Java West and Pusateri’s Suggested Disposition: Receive and File; Adopt Resolutions 4 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Vacating of Property City Manager recommending that a public hearing be set for February 16, 2009 to consider the vacating of Gillespie Street, Fink Street and the adjacent alley, which are nd now located within the West 32 Street Detention Basin. RESOLUTION of Intent to vacate public interest tin Gillespie Street, Fink Street, and adjacent alley in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/16/09 2. Sewer Revenue Capital Loan Notes City Manager recommending that a public hearing be set for February 16, 2009 to consider approval of the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes for the planning and design of the Water Pollution Control Plant renovation project. RESOLUTION Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution BOARDS/COMMISSIONS Appointments to the following Commission: 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) 5 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. Floodwall Levee Slope Stabilization 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 Floodwall Levee Slope Stabilization Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Floodwall Levee Slope Stabilization Project Suggested Disposition: Receive and File; Adopt Resolution 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. Bricktown Liquor License Renewal City Manager recommending approval of a six month liquor license renewal for Bricktown Brewery. RESOLUTION Granting the issuance of a six month Class “C” Beer/Liquor License to Bricktown Brewery Suggested Disposition: Receive and File; Adopt Resolution 2. Development Agreement and Incentive Agreement – International Business Machines Corporation (Tabled on January 26, 2009) City Manager recommending that action on this item be tabled to February 16, 2009. RESOLUTION Approving and authorizing execution of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives, and the Incentive Agreement between the City and International Business Machines Corporation Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution 6 3. 15264 Middle Road – Request to Rezone (First Reading on January 20, 2009) ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 15264 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 4. 607 East 22 Street – Request to Rezone (First Reading on January 20, 2009) 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 5. 777 Edwards Road – Amendment to Planned Unit Development District (First Reading on January 20, 2009) 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 6. Oak Grove Sanitary Sewer and Water Main Extension Project (Tabled on January 20, 2009) 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: Remove from Table; Receive and File; Adopt Resolutions 7. Award of Contract – Oak Grove Sanitary Sewer and Water Main Extension Project City Manager recommending award of the public improvement contract for the Oak Grove Sanitary Sewer and Water Main Extension Project to Drew Cook & Sons Excavating, Inc., in the amount of $117,926.00. RESOLUTION Awarding public improvement contract for the Oak Grove Sanitary Sewer and Water Main Extension Project Suggested Disposition: Receive and File; Adopt Resolution 7 8. Valet Parking (First Reading on January 20, 2009) 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. Fiscal Year 2010 Operating Budget and Capital Improvement Program City Manager submitting the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Program. Suggested Disposition: Receive and File 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)(j) Code of Iowa Jeanne F. Schneider January 29, 2009 8