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7 20 09 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 7/20/09 VOETBERG BRAIG BUOL CONNORS JONES LYNCH RESNICK CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – WORK SESSION – EAST/WEST CONNECTIVITY STUDY 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, JULY 20, 2009 Work Session - MVM Work Session - Staff Work Session - MemoMemoPowerpoint PLEDGE OF ALLEGIANCE INVOCATION Pastor Jennifer Meyer, Rockdale-Center Grove Methodist 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 Cable TV Teleprogramming Commission of 6/2; City Council of 7/6 and 7/9; Civil Service Commission of 6/10; Historic Preservation Commission of 6/18 (Regular Meeting and Worksession); Investment Oversight Advisory Commission of 4/22; Zoning Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25 th Investment Oversight Commission’s 64 Quarterly Report Proofs of publication of City Council Proceedings of June 15, 23, and 30, 2009 Suggested Disposition: Receive and File Cable TVCity Council of 7/6City Council of 7/9Civil ServiceHPC - Worksession Investment Zoning AdvisoryZoning Bd of IOAC Quarterly HPC - Regular Mtg OversightAdjustmentReport 2. Notice of Claims/Suits Camille Blackburn for vehicle damage; Paula Hammerand for personal injury; Marjorie Meyer for 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: Katherine Dietzel for vehicle damage; Marjorie Meyer for property damage; Camille Blackbourn for vehicle damage; Paula Hammerand for personal injury Suggested Disposition: Receive and File; Concur Claims - ICAP 3. Agreement with Hillcrest Family Services City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park for a holiday light display. Suggested Disposition: Receive and File; Approve Hillcrest - MVM MemoHillcrest - Staff MemoHillcrest - Agreement 2 4. Purchase of Property – 502 / 504 Rhomberg Avenue City Manager recommending approval to purchase a residential dwelling located at 502/ 504 Rhomberg Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 502 / 504 Rhomberg Avenue in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Rhomberg - MVM Rhomberg - Staff Rhomberg - Memo MemoResolution 5. Citizen Communication Communication from Patricia Haas urging the City to adopt the Proposed Ordinance Section 5-2.1 regarding conditional uses for R-1 Dwellings, in particular Accessory Dwelling Units. Suggested Disposition: Receive and File Haas Ltr 6. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising that the Homelessness Prevention and Rapid Re-Housing Program Substantial Amendment to the City’s Consolidated Plan 2008 Action Plan has been approved for funding. Suggested Disposition: Receive and File HUD Letter 7. Iowa Great Places Grant City Manager recommending approval of the submittal of the Iowa Great Places grant application for the following projects: Streetscape and Public Space Improvements in the Historic Millworking District; National Mississippi River Museum and Aquarium Great River Center Phase II; and Installation of Windows in the Carnegie-Stout Library Renovation Suggested Disposition: Receive and File; Approve 3 Grant - MVM MemoGrant - Staff MemoGrant - Application 8. 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 for up to $4,200 for a portable digital recorder for recording of School Board meetings and other events. Suggested Disposition: Receive and File; Approve PEG - MVM Memo PEG - Staff MemoPEG - Grant Application 9. Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project City Manager recommending that the that the original contract offer awarded to K & W Coating, LLC of Elkader, Iowa in the amount of $35,000 for the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project be rescinded and a new contract be awarded to the second low bidder, Superior Painting & Epoxy Coating, LLC of Urbandale, Iowa in the amount of $36,256. RESOLUTION Rescinding Resolution No. 142-09 Awarding the Public Improvement Contract for the Eagle Point Water Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to K & W Coating, LLC RESOLUTION Awarding the public improvement contract for the Eagle Point Water Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to Superior Painting & Epoxy Coating, LLC Suggested Disposition: Receive and File; Adopt Resolutions Clear Well - MVM Clear Well - Staff Clear Well - Memo MemoResolutions 10. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II City Manager recommending award of the public improvement contract for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project to McDermott Excavating in the amount of $310,221.51. RESOLUTION Awarding public improvement contract for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project 4 Suggested Disposition: Receive and File; Adopt Resolution Improvements - MVM Improvements - Improvements - Improvements - Bid Improvements - IIW MemoStaff MemoResolutionTabLtr 11. Final Plat – Graf Farm City Manager recommending approval of the final plat of Graf Farm Subdivision in Dubuque County, Iowa. RESOLUTION Rescinding Resolution No. 362-08 and approving the final plat of Graf Farms in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Final Platl - ZAC LtrFinal Plat - Final Plat - Vicinity Final Plat - Graf Farm - Final PlatFinal Plat - Staff ApplicationMapResolutionMemo 12. Civil Service Commission Civil Service Commission submitting the certified list for the position of Fire Equipment Operator. Suggested Disposition: Receive and File; Make a Matter of Record Fire Equipment Operator 13. Community Development Block Grant (CDBG) Fiscal Year 2010 Annual Action Plan Amendment #1 City Manager recommending approval of the first amendment to the Fiscal Year 2010 Annual Action Plan. RESOLUTION Approving Amendment #1 to the Fiscal Year 2010 (Program Year 2009) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution CDBG - MVM Memo CDBG - Staff MemoCDBG - ResolutionCDBG - ExhibitCDBG Amendment 5 14. 2009 Justice Assistance Grant (JAG) City Manager recommending acceptance of the 2009 Justice Assistance Grant (JAG) in the amount of $360,320. Suggested Disposition: Receive and File; Approve JAG - MVM Memo JAG - Staff Memo 15. Alcohol Compliance – Civil Penalty for Alcohol License Holders City Manager recommending approval of the Acknowledgement/Settlement Agreement for a first offense alcohol compliance violation for Lot One. Suggested Disposition: Receive and File; Approve Alcohol - MVM Memo Alcohol - Staff MemoLot One Acceptance 16. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts City Manager recommending approval of the submission of delinquent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer. RESOLUTION Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts 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 Accounts - MVM Accounts - Staff Accounts - Accounts - MemoMemoResolutionAssessments 17. Port of Dubuque Riverfront Marina Project Communication from Brian J. Kane, representing Port of Dubuque Brewery Development, LLC, advising that his client strongly prefers that the docks be constructed in front of (or to the east of) the brewery building. City Manager’s response to Brian J. Kane. Suggested Disposition: Receive and File 6 Kane LtrCity Manager's Ltr 18. Midwest High Speed Rail Association City Manager recommending that the City join the Midwest High Speed Rail Association (MHSRA), a membership-based, non-profit organization advocating the development of fast, frequent and dependable passenger trains, at the $500 patron level. Suggested Disposition: Receive and File; Approve Midwest Rail - MVM Midwest Rail - ReportMidwest Rail - Midwest Rail - Map MemoSponsors 19. Liquor License Transfer Request of the Rotary Club to transfer their liquor license to the Alliant Energy Outdoor Amphitheater on August 29, 2009 for the Irish Hooley event. Suggested Disposition: Receive and File; Approve 20. Liquor / Tobacco Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one new license to sell cigarettes to C & M Chains and Things RESOLUTION Granting the issuance of five renewal licenses to sell cigarettes to Awn Stop Mart, Dubuque Mining Company, Hammerheads Bar, Oky-Doky #14 and Pioneer’s Rest Area RESOLUTION Granting the issuance of a Class “B” Beer Permit to Monkey Business Family Fun; and a Class “C” Beer Permit to Road Ranger #161, Road Ranger #160, Road Ranger #159, Oky Doky #6, Kwik Stop Food Mart, Oky Doky #14 and Kwik Star #495 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Walnut Tap; Special Class “C” Liquor License to Bell Tower Productions; and a Class “B” Wine Permit to Basket Expressions and Oky Doky #6; and a Class “WBN” Native Wine Permit to Kwik Star #495 Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1Resolution #2Resolution #3Resolution #4 Memo Memo 7 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Slattery Center Lease – Dubuque Montessori School City Manager recommending that a public hearing be set for August 3, 2009 to consider leasing the Slattery Center in Flora Park to Montessori School. RESOLUTION of Intent to dispose of real property by lease agreement with Dubuque Montessori School Suggested Disposition: Receive and File; Adopt Resolution Lease - MVM MemoLease - Staff MemoLease - ResolutionLease Agreement 2. Fire Station No. 4 – Door Replacement Project City Manager recommending initiation of the public bidding process for the Fire Station No. 4 – Door Replacement Project and that a public hearing be set for August 3, 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 Fire Station No. 4 – Door Replacement Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/3/09 Fire Station - MVM Fire Station - Staff Fire Station - MemoMemoResolution 3. Garfield Retaining Wall Repair Project City Manager recommending initiation of the public bidding process for the Garfield Retaining Wall Repair Project and that a public hearing be set for August 3, 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 Garfield Retaining Wall Repair Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/3/09 8 Retaining Wall - MVM Retaining Wall - Staff Retaining Wall - MemoMemoResolution 4. Historic Shot Tower Rehabilitation Project City Manager recommending initiation of the public bidding process for the Historic Shot Tower Rehabilitation Project and that a public hearing be set for August 3, 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 Historic Shot Tower Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/3/09 Shot Tower - MVM Shot Tower - Staff Shot Tower - MemoMemoResolution 5. Storm Water Utility Revenue Capital Loan Notes City Manager recommending that a public hearing be set for September 8, 2009 to consider the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes. RESOLUTION Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes of Dubuque, Iowa and directing publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/8/09 Storm Water - MVM Storm Water - Staff Storm Water - MemoMemo Resolution 9 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. Civil Service Commission – Mayor Appointment One 4-year term through April 6, 2012 (Term of Krueger) Applicants: Tom Rawson, 2310 Knob Hill Drive John Stevens, 2215 Graham Circle Elizabeth Takes, 1245 Dunleith Court Transit Board of Trustees One 3-year term through July 30, 2012 (Term of Stedman) Applicants: Thomas Croissant, 444 Angella Street, #8 Matthew Esser, 90 Main Street, #201 Appointments to the following Boards/Commissions: Building Code Board of Appeals Two 3-year terms through August 1, 2012 (Terms of Carr and Luchsinger) At-large and General Contractor requirements Applicants: Richard Luchsinger, 2875 Brueck Road (At-Large Reappointment) Chuck Carr, 1705 Kathy Drive (General Contractor reappointment) Library Board of Trustees – Mayor Appointment Three 4-year terms referenced with expiration dates contingent upon proposed ordinance which will re-stagger terms: 2 terms through July 1, 2010; and 1 term through July 1, 2013 (Terms of Guns, Kolz, and Willis) Applicants: Diann Guns, 1715 Diane Court (Seeking reappointment through July 1, 2010) Beverly Kolz, 2206 Simpson Street (Seeking reappointment through July 1, 2010) Gail Murphy, 3096 Oak View Court (First-time applicant) Lorri Regan, 2659 Queen Street (First-time applicant) th Mike Willis, 1365 West 5 Street (Seeking reappointment through July 1, 2013) Civil Service Transit Applications Bd and Comm ListOverview SheetBuilding Code Library Board Applications ApplicationsApplications 10 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. Request to Rezone – University Avenue between Ethel and Prysi Streets Proof of publication on notice of public hearing to consider a request from Tom Kluck to rezone property located north of the University Avenue and Ethel Street intersection from OR Office Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan 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 north of the University Avenue and Ethel Street intersection from OR Office Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan Suggested Disposition: Receive and File; Motion B; Motion A Rezoning - ZAC LtrRezoning - Rezoning - Vicinity Rezoning - Conceptual Dev PlanPreliminary Site Plan ApplicationMapOrdinance Rezoning - Staff Suggested Motion Memo 2. Water Revenue Capital Loan Notes Proof of publication on notice of public hearing to consider the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution Loan Notes - MVM Loan Notes - Staff Loan Notes - MemoMemo Resolution 11 Material from July 6, 2009 City Council Meeting Loan Notes - MVM Loan Notes - Staff Loan Notes - MemoMemoResolution 3. Iowa 32 Hike / Bike Trail Phase 2 Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project Suggested Disposition: Receive and File; Adopt Resolution Iowa 32 - MVM MemoIowa 32 - Staff Iowa 32 - Resolution Memo Material from July 6, 2009 City Council Meeting Iowa 32 - MVM MemoIowa 32 - Staff Iowa 32 - MemoResolutions 4. Trail Project at Bergfeld Recreation Area Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Trail Project at Bergfeld Recreation Area and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area Suggested Disposition: Receive and File; Adopt Resolution Trail Project - Aerial Trail Project - MVM Trail Project - Staff Trail Project - Map MemoMemoResolution Material from July 6, 2009 City Council Meeting Trail Project - MVM Trail Project - Staff Trail Project - MemoMemoResolutions 12 5. E.B. Lyons Nature Center Addition Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the E.B. Lyons Nature Center Addition Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project Suggested Disposition: Receive and File; Adopt Resolution E.B. Lyons - MVM E.B. Lyons - Staff E.B. Lyons - MemoMemoResolution Material from July 6, 2009 City Council Meeting E.B. Lyons - MVM E.B. Lyons - Staff E.B. Lyons - MemoMemoResolutions thth 6. Locust Street Resurfacing – 9 to 17 Streets Project Proof of publication on notice of public hearing to consider the plans, specifications, thth form of contract and estimated cost for the Locust Street Resurfacing – 9 to 17 Streets Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost; for the E.B. Lyons Nature Center Addition Project Suggested Disposition: Receive and File; Adopt Resolution Locust St - MVM Locust St - Staff Locust St - MemoMemoResolution Material from July 6, 2009 City Council Meeting Locust St - MVM Locust St - Staff Locust St - MemoMemoResolution REINSTATE THE RULES This action limits discussion to the City Council. 13 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. Request to Address the City Council – Open Meetings Request of June E. Strueber to address the City Council regarding the open meetings law. Suggested Disposition: Receive and File; Council Strueber Ltr 2. Request to Address the City Council – Dog Park Request of Toni Kretschmer to address the City Council regarding the dog park. Suggested Disposition: Receive and File; Council Kretschmer Ltr 3. Dubuque County Historical Society Request of Jerry Enzler, National Mississippi River Museum and Aquarium, to address the City Council regarding a Resolution of Support for the Historical Society’s application to the Vision Iowa’s River Enhancement Community Attraction and Tourism Program (RECAT). City Manager recommending approval of the Resolution of Support for the Historical Society’s application to the Vision Iowa’s River Enhancement Community Attraction and Tourism Program (RECAT). RESOLUTION of Support Suggested Disposition: Receive and File; Adopt Resolution DCHS LetterDescription of Plaza - Labeled Resolution of Ltr to Vision IowaDCHS - MVM Memo Activities Support 4. Fiscal Year 2010 Dubuque County REAP Plan City Manager recommending approval of the City of Dubuque’s update of the Fiscal Year 2010 Dubuque County REAP Plan, submittal of the Fiscal Year 2010 REAP grant application for installation of the Iowa 32 Bike / Hike Trail – Phase 3 Project and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. 14 Suggested Disposition: Receive and File; Approve; Council Appointment REAP - MVM MemoREAP - REAP - Bd of Supv REAP - Meeting REAP - Minutes REAP - Staff Memo QuestionnaireLtrNotice REAP - MembershipREAP Plans REAP - Application 5. Restriction of All-Terrain Vehicles (ATV) Use City Manager recommending that the use of ATVs be restricted to private property of not less than one acre in size, and only between sunrise and sunset, and only with the written permission of the property owner if the property owner is not the owner of the ATV. ORDINANCE Amending Chapter 32 (Motor Vehicles and Traffic) of the City of Dubuque Code of Ordinances by amending Section 32.4 All-Terrain Vehicles to prohibit use of all- terrain vehicles on property less than one acre Suggested Disposition: Receive and File; Motion B; Motion A ATVs - MVM MemoATVs - Staff MemoATVs - OrdinanceATVs - Police Memo Suggested Motion 6. Dubuque Sister City Relationship City Manager recommending that the City Council solicit two City Council Member volunteers to recruit members for a public/private partnership Sister City Committee and then agree to serve on that committee. Suggested Disposition: Receive and File; Approve Sister City - MVM Sister City - Staff MemoMemo 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. 15 CLOSED SESSION Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa Jeanne F. Schneider July 16, 2009 16