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5 18 09 City Council Agenda without Icons ROLL CALL ORDER FOR MEETING OF 5/18/09 RESNICK VOETBERG BRAIG BUOL CONNORS JONES LYNCH CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – TOUR OF IBM FACILITIES – ROSHEK BUILDING 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, MAY 18, 2009 PLEDGE OF ALLEGIANCE INVOCATION Jeff Fogle, Associate Pastor, Christ Church of Dubuque PROCLAMATIONS Scoutreach Day (May 30, 2009) Relay for Life Days (May 29 and 30, 2009) National Tourism Month (May, 2009) Kim Wadding Day (May 26, 2009) 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 3/24; Cable TV Teleprogramming Commission of 4/7; City Council of 5/1, 5/4 and 5/11; Civil Service Commission of 3/31; Environmental Stewardship Advisory Commission of 5/5; Historic Preservation Commission of 4/16; Housing Code Appeals Board of 10/21/08; Library Board of 3/26 and 4/15; Long Range Planning Advisory Commission of 4/15; Transit Board of Trustees of 3/28; Zoning Board of Adjustment of 4/23 Proofs of publication of City Council Proceedings of April 20 and May 1, 2009 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Paula Nicholson for vehicle damage; Larry A. Vogt for vehicle damage; Michael Haun for vehicle damage; Lakeesha Wheeler for property damage; Terrance J. Reisdorf for personal injury; Clint Duffy, d/b/a Garrett Waterproofing, for expenses incurred 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: Michael Haun for vehicle damage City Attorney recommending settlement of the claim of Paula Nicholson for vehicle damage. Suggested Disposition: Receive and File; Concur 3. Fiscal Year 2010 Detailed Operating Budget for the Five Flags Center City Manager recommending approval of the detailed Fiscal Year 2010 operating budget for the Five Flags Center as submitted by SMG. Suggested Disposition: Receive and File; Approve 4. John White vs. City of Dubuque City Attorney advising that the District Court has authorized the City to proceed with condemnation of property located at 409 Burch Street owned by John White. Suggested Disposition: Receive and File 5. Assistance to Firefighter Grant City Manager recommending approval of an Assistance to Firefighter Grant Program application to the U.S. Department of Homeland Security for public education, inspection and equipment funding. Suggested Disposition: Receive and File; Approve th 6. 11 Street Steps and Grove Terrace Retaining Wall Project th City Manager recommending acceptance of the 11 Street Steps and Grove Terrace Retaining Wall Project as completed by Portzen Construction, Inc. in the final contract amount of $635,536.59. th RESOLUTION Accepting the 11 Street Steps and Grove Terrace Retaining Wall Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 2 7. North Fork Catfish Creek Interceptor Sewer Project Grant Agreement City Manager recommending approval to enter into an agreement with the Iowa Department of Homeland Security and Emergency Management, as required for receiving federal and state funding, for the City’s North Fork Catfish Creek Sanitary Sewer Improvements Project in the amount of $1,627,113. RESOLUTION Authorizing the execution of an agreement with the Iowa Homeland Security and Emergency Management Division as required for receiving Federal and State Hazard Mitigation Grant Program Funding for the sanitary sewer improvements associated with the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project Suggested Disposition: Receive and File; Adopt Resolution 8. Amendment to UDAG Loan – River Nursery and Landscaping City Manager recommending approval of an extension of the $20,000 loan balance payment due from Dubuque Nursery and Landscaping to December, 2009. RESOLUTION Amending Loan Agreement with Dubuque Nursery and Landscaping Suggested Disposition: Receive and File; Adopt Resolution 9. Tri-State Area Trail Plan City Manager recommending adoption of the Tri-State Area Integrated Walking, Biking, Hiking Network Plan. RESOLUTION Adopting the Tri-State Integrated Walking, Biking, Hiking Network Plan Suggested Disposition: Receive and File; Adopt Resolution 10. Roshek Building / IBM Redevelopment Project City Manager recommending approval of a form of Notice and Consent Agreement by and among the City, Dubuque Bank & Trust, Dubuque Initiatives and Roshek Building Investment Fund, LLC involving the Roshek Building/IBM Redevelopment Project. RESOLUTION Approving and authorizing execution of a Notice and Consent Agreement by and among the City, Dubuque Bank & Trust, Dubuque Initiatives and Roshek Building Investment Fund, LLC Suggested Disposition: Receive and File; Adopt Resolution 11. PEG Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Tele-Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $11,500 for an encoding station for the Mediacom public access facility. Suggested Disposition: Receive and File; Approve 3 12. Wetlands Monitoring Project City Manager recommending approval of the selection of Griggs Environmental Strategies to monitor the newly created wetlands at the Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve 13. Dubuque Drum and Bugle Corps Communication from Greg Orwoll, Executive Director – Dubuque Drum and Bugle Corps, regarding the annual Music on the March and requesting an exemption from the noise ordinance and residential parking permit district around Senior High School on June 30 and July 31, 2009. Suggested Disposition: Receive and File; Approve 14. Alcohol Compliance – Civil Penalty for Alcohol License Holder City Manager recommending approval of the Acknowledgement/Settlement Agreement for a first offense alcohol compliance violation for The Club House, 2364 Washington Street. Suggested Disposition: Receive and File; Approve 15. Legislative Correspondence Correspondence to Congressman Braley, Senator Grassley and Senator Harkin thanking them for their support of the Energy Efficiency and Conservation Block Grant recently funded through the American Reinvestment and Recovery Act. Suggested Disposition: Receive and File 16. Liquor License Transfer Request of the Rotary Club of Dubuque to transfer their liquor license to A.Y. McDonald Park on June 10, 2009. Suggested Disposition: Receive and File; Approve 17. Liquor License Refunds Request of John Murphy, Pizza Hut of America, Inc., for a refund of the Beer and Liquor th Licenses for Pizza Hut at 320 East 20 Street and 2075 John F. Kennedy Road. Suggested Disposition: Receive and File; Approve Refunds 18. Signed Contracts Parking Ramp Soil Agreement between WC Stewart Construction and City of Dubuque Suggested Disposition: Receive and File 4 19. 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 Catfish Festival and a Class “C” Beer Permit to Cedar Cross Amoco, Hy-Vee Wine and Spirits, Hartig Drug #2, Pioneer’s Rest Area and Awn Stop Mart #2 RESOLUTION Granting the issuance of a Class “A” Liquor License to Dubuque Golf and Country Club; Class “C” Beer/Liquor License to Tott’s Tap, Easy Street, Denny’s Lux Club, Five Flags Center, 180 Main Street, Silver Dollar Cantina, Bar-X, Bootleggers Pub and Kalmes Breaktime; Class “B” Wine to Hy-Vee Wine and Spirits, Hartig Drug #2, Oh La La, and Church of the Resurrection; Class “WBN” Native Wine Permit to Big 10 Mart; and Special Class “C” Liquor (Five-Day Special Event) License to Music n More and Dubuque Jaycees (two events) Suggested Disposition: Receive and File; Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. th 1. Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to th 13 Streets City Manager recommending initiation of the public bidding process for the Green Alley thth Pilot Project – Alley between Jackson and White Streets from 11 to 13 Streets and that a public hearing be set for June 1, 2009. RESOLUTION Preliminary 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 Green Alley Pilot thth Project – Alley between Jackson and White Streets from 11 to 13 Streets RESOLUTION Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity RESOLUTION of Necessity Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/1/09 2. Trolley Line Trail – Eagle Point Park Project City Manager recommending initiation of the public bidding process for the Eagle Point Trolley Line Trail Project and that a public hearing be set for June 1, 2009. RESOLUTION Preliminary 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 Eagle Point Trolley Line Trail Project 5 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/1/09 3. North Fork Catfish Creek Sanitary Sewer Project – Phase I City Manager recommending initiation of the public bidding process for the North Fork Catfish Creek Sanitary Sewer Project – Phase I and that a public hearing be set for June 1, 2009. RESOLUTION Preliminary 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 North Fork Catfish Creek Sanitary Sewer Project – Phase I Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/1/09 BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Electrical Code Board Two 3-year terms through May 21, 2012 (Terms of Schmidt and Uhlrich) (Electrical Experience/Background requirement) Applicants: Bob Schmidt, 2184 Orchard Drive Paul Uhlrich, 489 Olympic Heights Road 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 thth 1. Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the Locust Street Sidewalk and Traffic Signal thth Installation – 8 to 12 Street Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for thth the Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES This action limits discussion to the City Council. 6 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. Dubuque Area Chamber of Commerce Convention and Visitors Bureau Convention and Visitors Bureau Director Keith Rahe to present the Quarterly Report. Suggested Disposition: Receive and File 2. Fair Market Value – 502 / 504 Rhomberg Avenue City Manager recommending establishment of the fair market value for property at 502 / 504 Rhomberg Avenue and authorization for the City Attorney to commence negotiations for the purchase of the property. RESOLUTION Establishing the fair market value of real property at 502 / 504 Rhomberg Avenue, Dubuque, Iowa, owned by Michael Lindauer and Donna Lindauer Suggested Disposition: Receive and File; Adopt Resolution 3. Fair Market Value – 1553 Maple Street City Manager recommending establishment of the fair market value for property at 1553 Maple Street and authorization for the City Attorney to commence negotiations for the purchase of the property. RESOLUTION Establishing the fair market value of real property at 1553 Maple Street, Dubuque, Iowa, owned by Milton Schwartz Suggested Disposition: Receive and File; Adopt Resolution 4. City Council Compensation Task Force Communication from the City Council Compensation Task Force regarding Mayor and City Council compensation. Suggested Disposition: Receive and File; Council 5. First Amendment to Development Agreement – 40 Main LLC City Manager recommending approval of the First Amendment to the 40 Main LLC Development Agreement which provides a short-term loan for rehabilitation of a mixed use building at 40 Main Street. RESOLUTION Approving the First Amendment to the 40 Main LLC Development Agreement Suggested Disposition: Receive and File; Approve 7 6. North Grandview Avenue Pet Park Request of Council Member David Resnick to discuss the pet park on North Grandview Avenue. City Manager transmitting information regarding the North Grandview Pet Park. Suggested Disposition: Receive and File; Council 7. Iowa Jobs (I-JOBS) Program Funding City Manager recommending approval to allocate all City funding appropriation from the Iowa Jobs (I-JOBS) Program to the Southwest Arterial Project. Suggested Disposition: Receive and File; Approve 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 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 May 14, 2009 8