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3 16 09 Clerk's Skeleton Notes and Meeting CallTO: JEANNE F. SCHNEI®ER CITY CLERFC YOU ARE HEREBY ®IR CT® TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO B HEL® ON MON®AY, MARCH 16, 2009, AT 6:30 P.M., IN THE HISTORIC FE®E L BUIL®ING TO ACT UPON SUCH USINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL. ,~ 7.~ '~~ ~ii 9 7 ~, i j ~ ~f ROY ®. U®L MAYOR Consent Agenda is on pages 1 through 5. C®NSENTITEMS 1. 2. eyes Nays ,~ ` Connors f,. Jones ~' ~ Lynch Resnick g r'. Braig ~' ~ Buol Minutes and Reports Submitted ~~;=~ ~+ ~~~ ~ g~ !~ ,. ~ ~~ ' ~, ~~ Arts and Cultural Affairs Advisory Commission of 1/27; Cable TV Regulatory Commission of 12/10; Cable TV Teleprogramming Commission of 2/3; City Conference Board of 1/28; City Council of 3/2, 3/4, and 3/9; Environmental Stewardship Advisory Commission of 3/10; Governing Board of the Municipal Housing Agency of 3/9; Historic Preservation Commission of 2/19; Human Rights Commission of 2/9; Long Range Planning Advisory Commission of 2/18; Zoning Advisory Commission of 3/4 Proofs of publication of City Council Proceedings of February 16 (Special and Regular Session), February 17, February 19, and February 23, 2009 and List of Claims and Summary of Revenues for Month Ending January 31, 2009 Suggested ®isposition: Receive and File Notice of Claims/Suits AI Lundh for vehicle damage; Portzen Construction d/b/a Dubuque Plumbing and Heating Company for services provided at the Port of Dubuque Parking Facility; Robert and Aurora Merritt for property damage; April Shoars for personal injury; Paul Wheelock for property damage Suggested ®isposition: 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: Rodney Miller for property damage; AI Lundh for vehicle damage; Robert and Aurora Merritt for property damage; Paul Wheelock for property damage Suggested ®isposition: Receive and File; Concur 2 3. Indiana Subdivision -Acceptance City Manager recommending approval of the public improvements that the developer, KZ Investments, LLC, has recently completed ~n Indiana Subdivision. RESOLUTION A~ Accepting improv~fnents in Indiana Subdivision Suggested Disposition: Receive and File; Adopt Resolution 4. Historic Old Nlain Lighting and Sidewalk Project City Manager recommending acceptance of the Historic Old Main Lighting and Sidewalk Project as completed by Portzen Construction, Inc. in the final contract amount of $378,758.63, and the final schedule of assessment °° ~''~ ~~~. ~ . ~ ~ ~y~,.~~'~` `fit `"_ ~ `~ ~ ~ RESOLUTION ~ Accepting the Historic Old Alain Street Lighting and Sidewalk Replacement Project and authorizing the payment of the contract amount to the contractor RESOLUTION ~ Adopting the final assessment schedule for the Historic Old Main Street Lighting and Sidewalk Replacement Project Suggested Disposition: Receive and File; Adopt Resolutions 5. Port of Dubuque Outdoor Plaza - Phase I Project City Manager recommending acceptance of the construction contract for the Port of Dubuque Outdoor Plaza - Phase I Project as completed by Nauman Nursery in the final contract amount of $334,025.16. RESOLUTION ~~ Accepting the Port of Dubuque Outdoor Plaza Project - Phase l and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 3 6. PEG Capital Grant xpenditure Requests City Manager recommending approval of the Cable TV Tele-Programming Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $925 for Dubuque Community Schools and $14,000 for the City of Dubuque. Suggested Disposition: Receive and File; Approve 7. NICC I-Net User Agreement City Manager recommending approval of an I-Net User Agreement with Northeast Iowa Community College. Suggested Disposition: Receive and File; Approve 8. Lease Amendment for "Dubuque by Carriage" City Manager recommending approval of the Seventh Amendment to the lease agreement with Carole Lindstrom of "Dubuque by Carriage" to extend the original lease of the former Dock Board building for an additional two years. Suggested Disposition: Receive and File; Approve 9. Special Events Grant Program City Manager recommending approval of proposed revisions and requirements for the Special Events Grant Program. Suggested Disposition: Receive and File; Approve ~ 0. Citizen Communication Communication from Sister Lene Rubly, OSF, thanking the City Council for their recent action regarding Trailways. Suggested Disposition: Receive and File Ayes Nays Connors Jones Lynch Resnick Voetberg Braig uol 4 11. Certificate of Appreciation Certificate of Appreciation from Governor Chester J. Culver and John R. Norris, Iowa Utilities Board, to the City of Dubuque for valuable contributions to the Iowa Weatherization Challenge. Suggested Disposition: Receive and File 12. Stormwater Management Utility Subsidy City Manager recommending approval of increasing the Stormwater Management Utility Subsidy for residential farms from fifty percent to seventy-five percent effective March 17, 2009. Suggested Disposition: Receive and File; Approve 13. Alcohol Compliance -Civil Penalties for Alcohol License Holders City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Angie's Tap, 1401 Elm Street; Oky Doky, 1256 Iowa Street; Noonan's Tap, 1618 Central Avenue; Busted Lift, 180 Main Street and Lien Oriental Food, 115 West 11t" Street. Suggested Disposition: Receive and File; Approve 14. Clean City Coalition Designation Communication to Brian Crowe, Iowa Office of Energy Independence, requesting confirmation of the City's membership on the Iowa Clean Cities Coalition from the Iowa Office of Energy Independence. Suggested Disposition: Receive and File 5 16. Renewal of Interim Application for Wireless Telecommunications Facilities City Manager recommending that the Resolution of Interim Application for Wireless Telecommunications Facilities be renewed for an additional 120 days. RESOLUTION Amending Resolution No. 238-08 which adopted an interim application process for wireless telecommunication facilities by extending the interim application process until June 1, 2009 Suggested Disposition: Receive and File; Adopt Resolution 16. Applewood Apartments -Application for Tax Credits City Manager recommending City Council endorsement of an application from Horizon Development to the Iowa Finance Authority for low-income housing tax credits for Applewood Apartments Phase III on Pennsylvania Avenue. Suggested Disposition: Receive and File; Approve 17. Mediacom Communication from Lee Grassley, Senior Manager -Government Relations of Mediacom, advising that Mediacom will no longer carry the TV Guide Network effective on or about April 13, 2009 and that the Music Choice lineup will be updated on or about April 15, 2009. Suggested Disposition: Receive and File 18. Signed Contracts -- Hawkeye Truck and Trailer for ambulance purchase __ Water Pollution Control Plant Sustainable Energy Consultant Services Suggested Disposition: Receive and File Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 6 19. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. R S®LUTI®N ''~` Granting the issuance of a Class "C" Beer Permit to Hy- Vee 3 and Kwik Stop C-Store RES®LUTI®N ~~ ~ Granting the issuance of a Class "C" Beer/Liquor License to Salsa's Mexican Restaurant, Mystique Casino, Ground Round, P.J.'s, and Estrella; a Class "B" Wine to Hy-Vee #3; and a Class "WBN" Native Wine to Bluff Street Brew Haus, Kwik Stop C-Store and National Mississippi River Museum Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Connors Jones Lynch Resnick Voetberg Craig Buol 7 IT Il~S TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Ay`~ Nays ~~~ `Connors F ,~ Jones ~` ,~ Lynch '_~ Resnick V©et+erg °'`~ Braig fir. Buol 1. J.D. Communications, Inc. Lease City Manager recommending that a public hearing be set for April 6, 2009, to consider a five year lease with J.D. Communications, Inc. for space in the Historic Federal Building. RESOLUTION -'° Of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and J.D. Communications, Inc. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/6/09 2. Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project City Manager recommending initiation of the public bidding process for the Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project and that a public hearing be set for April 6, 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 Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/6/09 8 B®AR®S/C®r+n~is~i®~ Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant appointments will he made at the Haut City Council meeting. Civil Service Commission IVlayor Appointment One 4-year term through April 6, 2013 (Term of White) Applicant: Dan White, 2919 Elm Street Appointments to the following Boards/Commissions: Zoning Board of Adjustment One 5-year term through March 25, 2014 (Term of Gasper) Applicant: Heath Hutchinson, 221 Bradley Street ~,yes,~ Nays a.rF` ~ ! °Connors ~~ ',Tones °`: `Lynch ~' Resnick ,~ ~''~ Braig ;~ Buol 9 PU LIC 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 ...Connors Jones ~` ~' Lynch rid Resnick ~etber"g ~' ~~ ,~ _,> Braig ,~> uol ~~ ; ~~ 1. Excess Right-of-vvay -Old Mill Road and Manson Road Proof of publication on notice of hearing to consider disposing of the City's interest in excess right-of-way purchased for the reconstruction of Kelly Lane to Rockdale Methodist Church and City Manager recommending approval. RESOLUTION ~~ ~~ Approving Plat of Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa, and abutting Old Mill Road roadway easement .r RESOLUTION ~`~~~ Vacating portions of excess rights-of-way and easements of Old Mill Road and Manson Road RESOLUTION _,~~ ~" Disposing of City interest in Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa Suggested ®isposition: Receive and File; Adopt Resolutions Ayes Nays ~~Connors ~~'vones r`' Lynch ,:° Resnick ~aVoetberg Braig r.°' Buol 10 Kephart Building Improvement Project Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Kephart Building Improvement Project and City Manager recommending approval. -- RES®LUTI®N '~ ~ Approving plans, specifications, form of contract, and estimated cost for the Kephart Building Improvement Project Suggested Disposition: Receive and File; Adopt Resolution Aye Nays ~Q Connors f" Jones :' Lynch Resnick ~oetb ~~ ~~,~raig REINSTATE THE RULES This action limits discussion to the City Council. Ayes Nays „, 'I ~ Connors ~JJones Lynch Resnick ~oetb ,A'~ raig Buol ~'" 11 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. Electrical Code Ordinance City Manager recommending approval of replacing the existing Chapter 18 of the City of Dubuque Code of Ordinances with the latest edition of the National Electrical Code published by the National Fire Protection Association, including Section 83-2(f) which is different from the recommendation of the Electrical Code Board. ORDINANCE v~° xg of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by repealing Section 18-1 thereof and enacting a new Section 18-1 thereof pertaining to revising and reenacting an Electrical Code of the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees t efore (Or finance 1 -Recommended by Staff) _ ~--_ ORDINANCE of t ity f, buque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by repealing Section 18-1 thereof and enacting a new Section 18-1 thereof pertaining to revising and reenacting an Electrical Code of the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore (Ordinance 2 -Recommended by the Electrical Code Board) r£V Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings ,`~~`~ ' ~ ~ Final Reading and Adopt ,. Aye Nays ~'. ; Ayes ~ Nayes ,~~,Connors ,~ r~~ i. ,.~ ,. g~'onnors ~` ~~~ ~. ~~Jones ~ ~i ~ ,~` ~~ ` ~ Jones i l° ~` `°' _,-Lynch f, r, Lynch r ~` Resnick ;,,~ r ~'~ Resnick °w~oetberg ~ r' ~~~" =oetberg `~Brai x` Braig '` f ~ f g ~.° Buol ;~ uol 12 2. equest for Proposals -Historic IVlillwork District Energy Analysis City Manager recommending approval of the issuance of a Request for Proposals for a District Energy Analysis for the Historic Millwork District. ,_~--` <~ ~-~ Suggested Disposition: Receive and File; Approve !~ dyes Nays Connors Jones ~° ~ Lynch ~~~ Resnick ~ rr c~ -t~~ g Braig ~~ , € ~' - `" Buol ~~ , ~, 3. Dubuque Sustainable Design Assessment Team (SDA°f) Final Report City Manager recommending approval of the Dubuque SDAT Final Report and the ,r~~. ~`°~ status report on the Dubuque SDAT recommendations for incorporation into the ,~ Sustainable Dubuque Initiative. Suggested Disposition: Receive and File; Approve Ayes°~ ~ fVays ,.r ~ .Connors ,~ Jones 3 ~~ Lynch ,t~" ResnlC~ Braig P BUOI t ~ ~ 'r` ~{ r ~ ~ (, d ~` ~~ ~," ~ ~, s ~ ~~~~~ ~ ~~~~~ ~~ r~~ ~~r ' ,~ ~ t -,fir 1, i ~~~~:~ iTf`~ ~ ~~~ f' ,r ,~ ~k, '` ~' F ~r~ _ ~ ~ 1ff(j~ ~~ ~ .t, 13 4. Pre-®isaster Mitigation Plan City Manager requesting the appointment of up to two City Council representatives to ~ serve on the Pre-Disaster Mitigation Plan (PDMP) Committee. U Suggested ®isposition: Receive and Flle; Council Appointed ,dye Mays ,r' Connors ~/ Jones ~``~ Lynch ~`~ ~~Resnick _-~ ~~Voetb~rg ,~' ;~ Kraig ~`` uol C®UMCIL MEMBER REPORTS PUBLIC IMPUT ,~i ~~ ,~ } ,'I ~a 6, ~~f ~ ~ ~' F., ~ 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. Motion to adjourn at ;,.=~~ '~~: Ayes Mays »'' Connors `'~ ,Jones ' ~%~ Lynch ~ ~ f Resnick ,- Vogee~g ~'~j,~~/Braig ~i.-'~ Buol 14 ~i I ~° -; r ,. _ ~ . F l / t l ,.1 7 f ~. _ ~ - s ~_ r~ ' ~.F l ,~~++ h ,y i,3 s~ ~ ~~ ~ ~ r "~! • y e .. ~~ F J~ i T r ~ ~~ ` ex~" 1 -_ G.„,~,r. r ~- ~~ ~ .; .~ ~ ,q s ~ -z .!-' ~' `~ :r' -' "_ . - `~ r`' ,~rr r, `.. ,gyp .' , ~ t' - .' ~. f ~, f ,~` ` '' m ° ~. ~ s'C ~ f ~ - f . fF ~'` ~~ / ~ ~/ ,/ F'' ~~ ~"s~'~i ~° a0 ~ r A ~-. ~ ~ s J ~ ,,}} `~~ . r r r ,, _ ,,~- ., E ' ~ - ,~ -_ t,~ ~. ~ fi,. a ~ .g- <.° ", ,s ~} ~ , t ~ ~-. p i '_ ~ v ~ ,a' 1 ~ '~ .' s~~ ~ ~ ~ ~ ,-, ~ ~' .r3 / . ! . .,, ,fy r" ~- ~~?.Y ~ ,; rs ~..~ r, r. ~ "` y ,,~+ d r 9 Ja °'-'°., n !. ' - }y s' . '.: ~' _.. ~ r '- ~ °` ,-~' .~ ~. ~;