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8 17 09 City Council Agenda - No Icons ROLL CALL ORDER FOR MEETING OF 8/17/09 BRAIG BUOL CONNORS JONES LYNCH RESNICK VOETBERG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, AUGUST 17, 2009 PLEDGE OF ALLEGIANCE INVOCATION Pastor Terry Bemis, Assembly of God Church PROCLAMATIONS Irish Hooley Day (August 29, 2009) Tour de Dubuque Day (August 29, 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 Cable TV Teleprogramming Commission of 5/12 and 7/7; City Council of 8/3; Civil Service Commission of 7/10; Library Board of Trustees of 5/28 and 6/15; Park and Recreation Commission of 7/14; Transit Board of Trustees of 5/14; Zoning Advisory Commission of 8/5 Proofs of publication of City Council Proceedings of July 9 and 20, 2009 Official Proceedings of the City Council for 2008 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Linda Beau for vehicle damage; Progressive Northern Insurance Company (representing John L. Walker) for vehicle damage; Albert A. Weidenbacher for vehicle 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: Linda Beau for vehicle damage; Progressive Northern Insurance Company for vehicle damage; Jacob Schmitz for vehicle damage Suggested Disposition: Receive and File; Concur 3. First Half of 2009 Weed Assessments City Manager recommending approval of the levy of special assessments for the first half of the 2009 Weed Enforcement Program in the total amount of $1,067.50. RESOLUTION Adopting the schedule of assessments for the first half of the 2009 Weed/Garbage/Junk Enforcement Program 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 4. DMASWA Comprehensive Solid Waste Management Plan Update City Manager recommending approval of the Dubuque Metropolitan Area Solid Waste Agency’s 2009 Comprehensive Solid Waste Management Plan Update. RESOLUTION Adopting the Dubuque Metropolitan Area Solid Waste Agency’s 2009 Comprehensive Solid Waste Management Plan Update Suggested Disposition: Receive and File; Adopt Resolution 5. Civil Service Commission Civil Service Commission submitting the certified list for the positions of Police Chief and Equipment Operator II. Suggested Disposition: Receive and File; Make a Matter of Record 7. Fire Station No. 4 Door Replacement Project City Manager recommending award of the public improvement contract for the Fire Station No. 4 Door Replacement Project to Portzen Construction, in the amount of $58,900. 2 RESOLUTION Awarding public improvement contract for the Fire Station No. 4 Door Replacement Project Suggested Disposition: Receive and File; Adopt Resolution 8. Iowa National Guard Training City Manager recommending approval of a usage agreement with the Iowa National Guard allowing the Guard to do training at the former Roosevelt Park. Suggested Disposition: Receive and File; Approve 9. Historic/Architectural Survey – Phase VI City Manager recommending approval to submit a Certified Local Government (CLG) grant application in the amount of $19,000 for the Phase VI Intensive Architectural/ Historic Survey and Evaluation. Suggested Disposition: Receive and File; Approve 10. Four Mounds Illustrated Site Plan City Manager recommending approval to submit a Certified Local Government (CLG) grant application in the amount of $9,700 for an Illustrated Site Plan for Four Mounds. Suggested Disposition: Receive and File; Approve 11. Community Development Block Grant – Recovery (CDBG-R) City Manager recommending approval of a Community Development Block Grant Recovery grant agreement with the U.S. Department of Housing and Urban Development in the amount of $328,269 from the federal stimulus package. RESOLUTION Authorizing execution of a Community Development Block Grant – Recovery grant agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution 12. PEG Capital Grant Expenditure 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 $2,500 for Wahlert High School and $41,500 for Loras College. Suggested Disposition: Receive and File; Approve 3 13. Bee Branch Creek Restoration Project Assistant City Attorney Tim O’Brien recommending approval of the commencement of eminent domain proceedings to acquire the property located at 1553 Maple Street as part of the Bee Branch Creek Restoration Project. RESOLOTION Authorizing the commencement of eminent domain proceedings for the acquisition of certain real property owned by Milton Schwartz at 1553 Maple Street in Dubuque County, Iowa, for the Bee Branch Creek restoration Project Suggested Disposition: Receive and File; Adopt Resolution 14. 40 Main, LLC – Consent to Collateral Assignment of Development Agreement City Manager recommending approval of the Consent to the Collateral Development Agreement between the City of Dubuque and 40 Main, LLC for purposes of financing this redevelopment project. Suggested Disposition: Receive and File; Approve 15. Cell Phone Service and Handsets – Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for Cellular Phone Service and Handsets. Suggested Disposition: Receive and File; Approve 16. Automated Agenda Management – Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for an Automated Agenda Management System. Suggested Disposition: Receive and File; Approve 17. Bee Branch Floodwall Pumping Station Auxiliary Power Project City Manager recommending acceptance of the Bee Branch Floodwall Pumping Station Auxiliary Power Project, as completed by A&G Electric, in the final contract amount of $338,758. RESOLUTION Accepting the Bee Branch Floodwall Pumping Station Auxiliary Power Project Suggested Disposition: Receive and File; Adopt Resolution 18. Letter of Support City Manager submitting a letter of support for Interstate Power and Light Company’s effort to obtain partial funding from the American Recovery and Reinvestment Act for its Smart Grid initiatives. Suggested Disposition: Receive and File 4 19. Mediacom Communication from Mediacom advising of a rate increase for Mediacom Online effective on or about September 7, 2009. Suggested Disposition: Receive and File 20. Wartburg Place – Conceptual Development Plan Zoning Advisory Commission advising that the proposed changes to the adopted conceptual development plan for the 300 block of Wartburg Place do not represent a significant change. Suggested Disposition: Receive and File 21. Brownfield/Grayfield Redevelopment Tax Credit Application – 40 Main, LLC City Manager recommending approval for the City of Dubuque to sponsor a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of 40 Main, LLC. RESOLUTION Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of 40 Main, LLC Suggested Disposition: Receive and File; Adopt Resolution 22. Workers’ Compensation Settlement City Manager recommending approval of the workers’ compensation settlement with Bret Stierman and authorization to make payment to Mr. Stierman in the amount of $35,592.60. Suggested Disposition: Receive and File; Approve 23. Amendment to Collective Bargaining Agreement City Manager recommending approval of an amendment to the collective bargaining agreement between the City of Dubuque and the International Union of Operating Engineers to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Suggested Disposition: Receive and File; Approve 24. Office of the City Assessor Communication from Richard A. Engelken, City Assessor, advising that a Notice of Appeal and Petition form has been filed with the Property Assessment Appeal Board for property located at 435 Kennedy Road. Suggested Disposition: Receive and File 5 25. Comprehensive Recycling Planning Task Force Communication from Governor Chester J. Culver and Lt. Governor Patty Judge appointing Paul Schultz to the Comprehensive Recycling Planning Task Force. Suggested Disposition: Receive and File 26. University of Dubuque Fireworks Display Communication from Jeffrey F. Bullock, President – University of Dubuque, requesting permission to display fireworks on Saturday, September 12, 2009. Suggested Disposition: Receive and File; Approve 27. Signed Contracts -- Google Products and Services -- Eco Smart Building, PC Suggested Disposition: Receive and File 28. 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 Riverfest Festival and a Class “C” Beer Permit to Dubuque Quick Stop Mart RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Lucky 13 Tap, Mississippi River Museum and Chances R RESOLUTION Granting the issuance of one new license to sell cigarettes and cigarette papers to Dubuque Quick Stop Mart Suggested Disposition: Receive and File; Adopt Resolution ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project City Manager recommending initiation of the bidding process for the 2009 Sewer Cured- in-Place Pipe (CIPP) Lining Project and further recommends that a public hearing be set for September 8, 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 2009 Sewer Cured- in-Place Pipe (CIPP) Lining Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/8/09 6 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. Airport Commission Two 4-year terms through September 14, 2013 (Terms of Brotherton and Santillo) Applicants: Douglas Brotherton, 2823 Hickory Hill Street Michael Santillo, 2929 Kristen Court Housing Trust Fund Advisory Committee One 3-year term through September 8, 2012 (At-Large term of Hingtgen). Requires experience in real estate, banking, finance, accounting, fund management or other related areas of expertise) Applicant: Doris Hingtgen, 309 Hill Street Appointments to the following Boards/Commissions: Housing Commission Three 3-year term through August 17, 2012 (Terms of Culbertson, Holz and Kapler) Applicants: Dorothy Culbertson, 2095 University Avenue Jim Holz, 2010 Indiana Court David Kapler, 827 Patricia Ann Drive 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. University of Dubuque – Amendment to ID Institutional District Proof of publication on notice of public hearing to consider a request from James Steiner, University of Dubuque, to amend the University of Dubuque ID Institutional District boundary by adding existing residential properties. Communication from Julie Kay Schwendinger, 1845 Bennett Street, regarding the proposed rezoning. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending the Institutional District boundaries for the University of Dubuque by rezoning the subject properties from R-1 Single-Family Residential District to ID Institutional District. Suggested Disposition: Receive and File; Motion B; Motion A 7 2. Eagle Point Water Plant Vacuum Filter Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Eagle Point Water Plant Vacuum Filter Project and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Vacuum Filter Project Suggested Disposition: Receive and File; Adopt Resolution 3. Miller Road Water Main Extension Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Miller Road Water Main Extension Project and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Miller Road Water Main Extension Project Suggested Disposition: Receive and File; Adopt Resolution 4. Highway 151 / 61 South Water Main Extension Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Highway 151 / 61 South Water Main Extension Project and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Highway 151 / 61 South Water Main Extension 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. Request to Address the City Council – André Request of Sgt. Lee Harlow André to address the City Council regarding the dog park. Suggested Disposition: Receive and File; Council 2. Request to Address the City Council – Wehrspann Two requests of Joan Wehrspann to address the City Council regarding various issues. Suggested Disposition: Receive and File; Council 8 3. Ordinance No. 7-09 – Correction to Legal Description City Manager recommending approval of a correction to the legal description in Ordinance 7-09 for property located at the northeast corner of University and Nevada (Radio Dubuque). ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located near the northeast corner of University Avenue and Nevada Street from R-2 Two-family Residential District to OS Office Service District, with conditions, and rescinding Ordinance No. 7-09. Suggested Disposition: Receive and File; Motion B; Motion A 4. Usage Agreement with Stone Cliff Winery City Manager recommending approval of a usage agreement for a section of the Alliant Amphitheater to have weekly outdoor movies and jam sessions. Suggested Disposition: Receive and File; Approve 5. Agreement with the Dubuque Community School District City Manager recommending approval of an agreement with the Dubuque Community School District allowing the Dubuque Building Trades On-Site Program (DBTOP) to renovate the Bridge Complex in Eagle Point Park. Suggested Disposition: Receive and File; Approve 6. E.B. Lyons Nature Center Expansion Project City Manager recommending award of the public improvement contract for the E.B. Lyons Nature Center Expansion Project to Stumpf Construction in the amount of $1,229,367. RESOLUTION Awarding public improvement contract for the E.B. Lyons Nature Center Expansion Project Suggested Disposition: Receive and File; Adopt Resolution 7. Iowa Jobs (I-JOBS) Application – Lower Bee Branch Creek Restoration Project City Manager recommending approval to submit an application for I-JOBS funding in the amount of $7,000,000 for the Lower Bee Branch Creek Restoration Project. RESOLUTION Authorizing the submittal of an application to the State of Iowa I-JOBS Grant Program for funding of the Lower Bee Branch Creek Restoration Project Suggested Disposition: Receive and File; Adopt Resolution 9 8. 1695 Garfield Retaining Wall Repair Project City Manager recommending award of the public improvement contract for the 1695 Garfield Retaining Wall Repair Project to Top Grade Excavating in the amount of $48,603.49. RESOLUTION Awarding public improvement contract for the 1695 Garfield Retaining Wall Project Suggested Disposition: Receive and File; Adopt Resolution 9. Historic Shot Tower Rehabilitation Project City Manager recommending that all the competitive bid proposals received for the Historic Shot Tower Rehabilitation Project be rejected. RESOLUTION Rejecting all competitive bid proposals received for the Historic Shot Tower Rehabilitation Project – Phase I Suggested Disposition: Receive and File; Adopt Resolution 10. Code of Ordinances City Manager recommending that the City of Dubuque Code of Ordinances be re- adopted in its entirety. ORDINANCE Readopting the codification of all ordinances of the City of Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including codes and maps adopted by reference, as the official Code of the City of Dubuque, Iowa, as provided for and pursuant to Chapter 380 of the Iowa Code; providing for the title and citation of the Code; repealing all ordinances and parts of ordinances of a general or public nature or imposing a fine or penalty, passed on or prior to May 4, 2009, except those not contained in said code or recognized and continued in force by reference therein; providing penalties for the violation of the several sections thereof; and prescribing the time when this ordinance shall be in full force and effect Suggested Disposition: Receive and File; Motion B; Motion A 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 and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa Jeanne F. Schneider August 13, 2009 10