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6 1 09 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 6/1/09 RESNICK VOETBERG BRAIG BUOL CONNORS JONES LYNCH CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, JUNE 1, 2009 PLEDGE OF ALLEGIANCE INVOCATION Deacon Jim Thill, Holy Spirit Pastorate PROCLAMATION Apples for Students Months (June, July and August, 2009) Apples for Students 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 4/28; City Council of 5/18 and 5/27; Housing Commission of 3/24; Zoning Advisory Commission of 5/6 Proofs of publication of City Council Proceedings of May 4 and 11, 2009 Suggested Disposition: Receive and File Arts & Cultural City Council of 5/18City Council of 5/27Housing CommissionZoning Advisory AffairsCommission 2. Notice of Claims/Suits Richard and Mary Rokusek for vehicle damage; Angela Oberfoell for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney recommending denial of the following claims: Larry A. Vogt for vehicle damage, Lakesha Wheeler for property damage and Garrett Waterproofing for reimbursement of towing charges. Suggested Disposition: Receive and File; Concur Claims - Denied 3. Fiscal Year 2009 Community Development Block Grant (CDBG) Annual Action Plan City Manager recommending approval of an amendment to the Fiscal Year 2009 Community Development Block Grant Annual Action Plan for CDBG Recovery Funding from the U.S. Department of Housing and Urban Development. RESOLUTION Approving the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) – Amendment 5 for Community Development Block Grant Recovery Funds Suggested Disposition: Receive and File; Adopt Resolution CDBG - MVM MemoCDBG - Staff MemoCDBG - ResolutionCDBG - Amendment CDBG-R ChecklistCDBG-R - Activity #5Data CDBG-R - Certifications 2 4. Civil Service Commission Civil Service Commission submitting the certified list for the position of Firefighter. Suggested Disposition: Receive and File; Make a Matter of Record Firefighter Ltr 5. U.S. Housing and Urban Development Communication from Nelson Bregon, General Deputy Assistant Secretary for HUD, advising the City of funding allocations for the Community Development Block Grant Program. Suggested Disposition: Receive and File HUD Ltr 6. Collateral Assignment of the Development Agreement – Dubuque Initiatives City Manager recommending approval of a Collateral Assignment of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives. RESOLUTION Consenting to a Collateral Assignment of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives Suggested Disposition: Receive and File; Adopt Resolution Assignment - MVM Assignment - BAL Assignment - Collateral MemoMemoResolutionAssignment 7. Neighborhood Stabilization Program (NSP) City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for the Neighborhood Stabilization Program (NSP). RESOLUTION Authorizing publication of a Notice of Intent to request release of funds for the Neighborhood Stabilization Program Suggested Disposition: Receive and File; Adopt Resolution NSP - Staff MemoNSP - ResolutionNSP - Env Review NSP - MVM Memo 3 8. Tanglewood Subdivision – Final Plat City Manager recommending approval of the final plat of Tanglewood Subdivision subject to waivers and conditions. RESOLUTION Approving final plat of Tanglewood Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Tanglewood - MVM Tanglewood - Staff Tanglewood - Tangelwood - Vicinity Tangelwood - Tangelwood - Staff MemoMemoApplicationMapResolutionReport Tanglewood - MapTangelwood - Plat thth 9. Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project City Manager recommending award of the Locust Street Sidewalk and Traffic Signal thth Installation – 8 to 12 Street Project to McDermott Excavating in the amount of $384,925.39. RESOLUTION Awarding public improvement contract for the Locust Street Sidewalk thth and Traffic Signal Installation – 8 to 12 Street Project Suggested Disposition: Receive and File; Adopt Resolution Locust St - IIW Ltr Locust St - MVM Locust St - Staff Locust St - Locust St - Bid Tab MemoMemoResolution 10. Request for Proposals – Historic Millwork District Streetscape Improvements City Manager recommending approval to issue a Request for Proposals for the Streetscape Improvements Addendum to the Millwork District Streets and Utility Improvements Project to have these projects better coordinated by using one vendor. Suggested Disposition: Receive and File; Approve RFP - MVM MemoRFP - Staff MemoRFP Addendum 4 11. Grass and Weed Cutting Assessments City Manager recommending approval to certify grass and weed cutting charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Adopting the schedule of assessments for grass cutting 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 Suggested Disposition: Receive and File; Adopt Resolution Weeds Cutting - Weed Cutting - Weed Cutting - Weed Cutting - MVM Staff MemoResolutionAssessments Memo 12. Vacant and Abandoned Buildings and Problem Property Assessments City Manager recommending approval of vacant and abandoned building and problem property assessments. RESOLUTION Adopting the Schedule of Assessments for 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 Buildings - Staff Buildings - Buildings - Buildings - MVM MemoResolutionsAssessments Memo 13. 2008/2009 Snow Removal Assessments – Right of Way Obstruction Removal City Manager recommending approval of the final assessment schedule for the 2008/2009 Snow Removal and Right-of-Way Obstruction Removal Assessment Project in the amount of $4,277. RESOLUTION Adopting the final Assessment Schedule for the Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project Suggested Disposition: Receive and File; Adopt Resolutions 5 Snow Removal - MVM Snow Removal - Snow Removal - Snow Removal - MemoStaff MemoResolutionAssessments 14. Snow and Ice Removal Assessments City Manager recommending certification of snow and ice removal charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Adopting the Schedule of Assessments for snow and ice removal 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 snow and ice removal charges in accordance with Section 364.12.2.b of the State of Iowa Code; Section 41.86, Section 26-4.(b)(3) & Section 26-6.(b) of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions Snow and Ice - Staff Snow and Ice - Snow and Ice - Snow and Ice - MVM MemoResolutionsAssessments Memo 15. Legislative Correspondence City Manager submitting correspondence to Senator Tom Harkin regarding the U.S. Corps of Engineers’ plan to further research the flexibility of installing hydroelectric power generation equipment on the auxiliary lock at Lock and Dam #11 in Dubuque and their partnership with Hydro Green Energy. Communication from Mayor Roy Buol to Senator Tom Harkin urging support for full funding of the Energy Efficiency and Conservation Block Grant (EECBG) program and letter of support from the U.S. Conference of Mayors. Suggested Disposition: Receive and File Senator Harkin - EECBG - Mayor LtrConference of LetterMayors Ltr 16. Alcohol Compliance – Civil Penalty for Alcohol License Holders City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Tony’s Place, Yen Ching Restaurant, Hi Ho Mongolian Grill, and Bricktown Brewery, and the second offense alcohol compliance violation for The Lounge, and it is further requested that the City Council 6 accept and approve the first offense civil penalty payment from Courtside Sports Bar & Grill, Phillips 66 (Arby’s), and AWN Stop Mart #2 when payment is received. Suggested Disposition: Receive and File; Approve Alcohol - MVM MemoAlcohol - Staff MemoAlcohol - Acknowledgements 17. Tobacco Compliance – Civil Penalty for Tobacco License Holder City Manager recommending approval of the Acknowledgement/Settlement Agreements for a second offense tobacco compliance violation for Phillips 66 (Arby’s), and AWN Stop Mart #2, and the first offense civil penalty violation for AWN Stop Mart. Suggested Disposition: Receive and File; Approve Tobacco - MVM Tobacco - Staff Tobacco - MemoMemoAcknowledgements 18. Proudly Accessible Dubuque Communication from Katrina Wilberding advising that the Historic Federal Building is the newest Proudly Accessible Dubuque business. Suggested Disposition: Receive and File Accessible Dubuque Ltr 19. Mediacom Communication from Lee Grassley, Mediacom Senior Manager, announcing the launching of additional channels on the digital broadcast basic lineup. Suggested Disposition: Receive and File Mediacom Ltr 20. Purchase of Property – 2655 Shiras Avenue City Manager recommending acceptance of the deed to property located at 2655 Shiras Avenue for the entrance to Eagle Point Park. RESOLUTION Approving the acquisition of real estate located at 2655 Shiras Avenue, Dubuque, Iowa 7 Suggested Disposition: Receive and File; Adopt Resolution Offer to Buy Real Purchase - Warranty Purchase - MVM Purchase - Staff Purchase - EstateDeed MemoMemoResolution 21. Authorized Depository Institutions City Manager recommending approval of a depository resolution for BBVA Compass, Irving, Texas, in relation to the deposits for dog and cat licenses by PetData, Inc. RESOLUTION Naming Depositories Suggested Disposition: Receive and File; Adopt Resolution Institutions - MVM Institutions - Staff Institutions - MemoMemoResolution 22. Eco-Transit TIGGER Grant Submission City Manager recommending approval of the submittal of a $3,471,086 grant application for the FTA Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) Program to implement the proposed Eco-Transit model. Suggested Disposition: Receive and File; Approve Eco-Transit - MVM Eco-Transit - Staff MemoMemo 23. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one license to sell cigarettes and cigarette papers to Walgreen Company RESOLUTION Granting the issuance of a Class “C” Beer Permit to Beecher Beverage RESOLUTION Granting the issuance of a Class “B” Liquor License (Hotel/Motel) to Days Inn and Spirits; a Class “C” Beer/Liquor License to L. May and Hi Ho Mongolian Grill; a Special Class “C” Liquor License to Monks Kaffee Pub; a Class “WBN” (Native Wine) to Hancock House Bed and Breakfast; and a Special Class “C” Liquor (Four 5- Day Special Events) to Dubuque Jaycees Suggested Disposition: Receive and File; Adopt Resolutions 8 Renewals - Staff Renewals - MVM Resolution #1Resolution #2Resolution #3 Memo Memo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC City Manager recommending that a public hearing be set for June 15, 2009 to consider the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes of Dubuque, Iowa, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/15/09 40 Main - Staff Memo40 Main - Resolution 40 Main - MVM Memo 2. North Fork Catfish Creek Sanitary Sewer Project – Phase II City Manager recommending initiation of the public bidding process for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II and that a public hearing be set for June 15, 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/15/09 NF Phase II - MVM NF Phase II - Staff NF Phase II - MemoMemoResolution 9 3. Dubuque Industrial Center West – North Siegert Farm Phase III Project City Manager recommending initiation of the public bidding process for the Dubuque Industrial Center West – North Siegert Farm Phase III Project and that a public hearing be set for June 15, 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/15/09 DICW - MVM MemoDICW - Staff MemoDICW - Resolution 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. Arts and Cultural Affairs Advisory Commission Three 3-year terms through June 30, 2012 (Terms of Henkels, Steffen, Shafer) (1 at-large, 2 business/professionals of which one must live or work within the Cultural and Entertainment District) Applicants: rd Ellen Henkels, 890 W. 3 Street (qualifies for at-large or business professional) Molly McDonough, 1787 Lawndale Street (qualifies for at-large or business professional) Geri Shafer, 1207 Adeline Street (qualifies for at-large or business professional) Julie Steffen, 2260 Coates Street (qualifies for at-large or business professional within district) Peggy Stover, 1145 Locust Street (qualifies for at-large or business professional within district) Also applying for Historic Preservation Commission Building Code Appeals Board Three 3-year terms: 1 at-large through August 1, 2011, term of Jahns; 2 newly formed ADA Representatives with terms determined by appointment date Applicants: Ryan Anglese, 2752 Carlton Also applying for Housing Code Appeals Board and Zoning Advisory Commission Marla Cruise, 905 Rockdale Road (ADA representative) Civic Center Commission Two 3-year terms through June 29, 2012 (Terms of Fuller and Parks) Applicants: Cynthia Fuller, 960 Prince Phillip Drive Bryce Parks, 2005 N. Main Street 10 Historic Preservation Commission Four 3-year terms through July 1, 2012 (3 at-large, 1 Cathedral Historic District resident or interim; Terms of Bichell, Lundh, Olson, Knight/) current interim Applicants: Christen Happ Olson, 1090 Grove Terrace (qualifies for at-large or interim) Shayne Henry, 160 Devon Drive (qualifies for at-large or interim) Also applying for Park and Recreation Advisory Commission Michael Knight, 942 Mt. Pleasant Street (qualifies for at-large or interim) th Mary Loney Bichell, 595 W. 11 Street (qualifies for at-large or interim) Peggy Stover, 1145 Locust Street (qualifies for at-large or interim) Also applying for Arts and Cultural Affairs Advisory Commission Housing Code Appeals Board One 3-year term through January 1, 2011 (Term of Moore) Applicant: Ryan Anglese, 2752 Carlton Avenue Also applying for Building Code Appeals Board and Zoning Advisory Commission Investment Oversight Advisory Commission Two 3-year terms through July 1, 2012 (Terms of Lassance and Melendez) Applicants: rd Brad Chalmers, 1095 W. 3 Street Paul Lassance, 4846 Embassy Court Hiram Melendez, 1920 Shelby Street Long Range Planning Advisory Commission Two 3-year terms through July 1, 2012 (Terms of Darter and Stein) Applicants: Chad Darter, 2544 Matthew John Drive Lou Oswald, 180 Nowata Street Park and Recreation Advisory Commission One 3-year term through June 30, 2012 (Term of Duggan) Applicants: Robert Blocker, 880 Kane Street Charles Duggan, 2317 Beacon Hill Drive Shayne Henry, 160 Devon Drive Also applying for Historic Preservation Commission David Schlueter, 3645 Crescent Ridge TV Cable Regulatory Commission One 3-year term through June 30, 2012 (Term of Ellis) Applicant: Charlie Ellis, 373 S. Grandview Avenue TV Cable Community Teleprogramming Commission Three 3-year terms through June 30, 2012 (Terms of Tigges, Vincent, and McDonough) Applicants: Jennifer Tigges, 4927 Wild Flower Drive Alan Vincent, 1010 Dunham Drive 11 Zoning Advisory Commission Two 3-year terms through July 1, 2012 (Terms of Miller and Hardie) Applicants: Ryan Anglese, 2752 Carlton Avenue Also applying for Building Code Appeals Board and Housing Code Appeals Board Stephen Hardie, 62 Fremont Avenue Charles Miller, 7010 Asbury Road Ferd Nesler, 4125 Mt. Alpine Street Overview Sheet Board & Comm ListArts ApplicationsBuilding Code Civic Center HPC Applications ApplicationsApplications Housing Code IOAC ApplicationsLong Range Planning Park and Rec Cable Regulatory Teleprogramming ApplicationsApplicationsApplicationsApplicationsApplications Zoning 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 th 1. Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to th 13 Streets Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Green Alley Pilot Project – Alley between thth Jackson and White Streets from 11 to 13 Streets and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost thth for the Green Alley Pilot Project (11 – 13 between White and Jackson Streets) RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for thth the Green Alley Pilot Project (11 – 13 between White and Jackson Streets) RESOLUTION Approving Schedule of Assessment and estimate of total cost for the thth Green Alley Pilot Project (11 – 13 between White and Jackson Streets) Suggested Disposition: Receive and File; Adopt Resolutions 12 Green Alley - MVM Green Alley - Staff Green Alley - Preliminary MemoMemoResolutionsAssessments Material from May 18, 2009 City Council Meeting Green Alley - MVM Green Alley - Staff Green Alley - Preliminary MemoMemoResolutionsAssessments 2. Trolley Line Trail – Eagle Point Park Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Trolley Line Trail – Eagle Point Park Project and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Trolley Line Trail Project Suggested Disposition: Receive and File; Adopt Resolution Trolley Line - MVM Trolley Line - Staff Trolley Line - MemoMemoResolution Material from May 18, 2009 City Council Meeting Trolley Line - MVM Trolley Line - Staff Trolley Line - MemoMemoResolution 3. North Fork Catfish Creek Sanitary Sewer Project – Phase I Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I Suggested Disposition: Receive and File; Adopt Resolution NF Phase I - MVM NF Phase I - Staff NF Phase I - MemoMemoResolution 13 Material from May 18, 2009 City Council Meeting NF Catfish - MVM NF Catfish - Staff NF Catfish - MemoMemoResolution 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. Police Department Towing Contract City Manager recommending award of the Fiscal Year 2010/2012 City of Dubuque Tow Contract to Wenzel Towing. Suggested Disposition: Receive and File; Approve Tow Contract - MVM Tow Contract - Staff Tow Contract - Tow Contract - MemoMemoCommittee MemoFY2010-2012 2. Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius Solutions City Manager recommending approval to amend the $40,000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solutions, LLC to allow a one year extension of the repayment of the loan. Suggested Disposition: Receive and File; Approve UDAG - MVM MemoUDAG - Staff MemoGenuine Genius Ltr 3. Municipal Housing Agency Governing Board City Manager recommending approval of approval of an ordinance amending Chapter 15, Community Development of the City of Dubuque Code of Ordinances dissolving the Municipal Housing Agency Governing Board. ORDINANCE Amending City of Dubuque Code of Ordinances, Chapter 15, Community Development, by repealing Section 15-11 Municipal Housing Agency Suggested Disposition: Receive and File; Motion B; Motion A 14 Hsg Agency - MVM Hsg Agency - Staff Hsg Agency - Suggested Motion MemoMemoOrdinance 4. Pet Park Request of City Council Member Ric Jones to schedule a worksession regarding the community’s dog park. 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 28, 2009 15