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9 21 09 City Council Agenda_No Icons ROLL CALL ORDER FOR MEETING OF 9/21/09 BUOL CONNORS JONES LYNCH RESNICK VOETBERG BRAIG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, SEPTEMBER 21, 2009 PLEDGE OF ALLEGIANCE INVOCATION Sister Beth Driscoll, Sisters of the Presentation, Leadership Team PROCLAMATIONS Constitution Week (September 17 – 23, 2009) Day of Peace (September 21, 2009) Arts and Humanities Month (October, 2009) Crop Walk Day in Dubuque (October 4, 2009) Week without Violence (October 18 – 24, 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 Community Teleprogramming Commission of 8/4; Cable TV Regulatory Commission of 3/11; City Council of 9/8; Civil Service Commission of 9/1; Community Development Advisory Commission of 8/12; Environmental Stewardship Advisory Commission of 9/1; Historic Preservation Commission of 8/20; Human Rights Commission of 7/13; Transit Board of 8/13; Zoning Advisory Commission of 9/2; Library Board of Trustees Update from Meeting of August 27, 2009 Proofs of publication of City Council Proceedings of August 17, 25 and 26, 2009 and List of Claims and Summary of Revenues for Month Ended July 31, 2009 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Progressive Classic Insurance Company a/s/o Paul Olson for vehicle damage; Accident Fund Insurance Company a/s/o Barbara Frondsen for personal injury; Joe Frederick 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: Jennifer Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for vehicle damage Suggested Disposition: Receive and File; Concur 3. Historic Preservation Commission Communication from Eli Licht submitting his resignation from the Historic Preservation Commission. Suggested Disposition: Receive and File; Accept Resignation 4. Greyhound Park Road and Admiral Sheehy Drive – Plats City Manager recommending approval of the plats of Greyhound Park Road and Admiral Sheehy Drive. RESOLUTION Approving plat of Lot A in the southwest quarter of Fractional Section 17, th Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa RESOLUTION Approving plat of Lot A in the northeast quarter of Fractional Section 19, th Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa RESOLUTION Approving plat of Lot A in the southeast quarter of Fractional Section 18, th Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 5. State Energy Program Application City Manager recommending support of the State Energy Program Application submitted to the Iowa Office of Energy Independence for the Multi-Cultural Family Center. Suggested Disposition: Receive and File; Approve 2 6. Fiscal Year 2009 Annual Plan Amendments #6 and #7 City Manager recommending approval of amendments to the Fiscal Year 2009 Action Plan to reallocate funding for the Community Development Block Grant Recovery (CDBG-R) funds, Community Development Block Grant (CDBG) and Homelessness Prevention and Rapid Re-Housing Program(HPRP). RESOLUTION Approving the Fiscal Year 2009 Annual Action Plan Amendment #6 and #7 for the Community Development Block Grant Recovery, Community Development Block Grant and Homelessness Prevention and Rapid Re-Housing Program funds Suggested Disposition: Receive and File; Adopt Resolution 7. Homelessness Prevention and Rapid Re-Housing Program (HPRP) Agreement with Project Concern City Manager recommending approval of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re-Housing Program in the amount of $502,294. RESOLUTION Authorizing execution of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) Suggested Disposition: Receive and File; Adopt Resolution 8. Consolidated Annual Performance and Evaluation Report (CAPER) City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2008 through June 30, 2009, which is required by the regulations governing the Community Development Block Grant (CDBG) Program. RESOLUTION Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2008 and concluding June 30, 2009 Suggested Disposition: Receive and File; Adopt Resolution 9. Fiscal Year 2009 Street Finance Report City Manager recommending approval of the City of Dubuque’s Fiscal Year 2009 Street Finance Report for submittal to the Iowa Department of Transportation. RESOLUTION Approving the City of Dubuque Fiscal Year 2009 Street Finance Report Suggested Disposition: Receive and File; Adopt Resolution 3 10. PEG Capital Grant Expenditure 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 to the City of Dubuque for $3,874.79 to run audio and video cables to enable live and recorded telecasts from the historic section of the Carnegie-Stout Public Library . Suggested Disposition: Receive and File; Approve 11. Rebuild Iowa Office (RIO) Smart Growth Green Paper City Manager recommending approval of a City of Dubuque position statement on the Rebuild Iowa Office Smart Growth Green Paper, entitled: Recovering from the Storms, Planning for the Future: A Safer, Smarter, Stronger Iowa. Suggested Disposition: Receive and File; Approve 12. Historic Millwork District (HMD) Bike and Pedestrian Facilities City Manager recommending approval of the submission of a Statewide Transportation Enhancements Grant Application and a Federal Recreational Trails Grant Application for the Historic Millwork District Bike and Pedestrian Facilities. RESOLUTION Approving submittal of a Statewide Enhancement Grant Application to the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian Facilities Project RESOLUTION Approving submittal of a Federal Recreational Trails Grant Application to the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian Facilities Project Suggested Disposition: Receive and File; Adopt Resolution 13. Plat of Survey – Bonson and Stewart’s Subdivision Zoning Advisory Commission recommending approval of the Plat of Survey of Lot E in the Bonson and Stewart’s Subdivision. RESOLUTION Approving a plat of survey of Bonson and Stewart’s Subdivision Lot E in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 14. Office of the City Assessor Communication from Richard A. Engelken, City Assessor, advising that the Board of Review has five appeals before the Property Assessment Appeal Board in Des Moines and three appeals before the Iowa District Court. Suggested Disposition: Receive and File 4 15. Request to Purchase City Property Communication from David W. Leifker, representing Raymond E. Tarkett, requesting to purchase a portion of the City alley which bisects his property. Suggested Disposition: Receive and File; Refer to City Manager 16. Housing Trust Fund Grant Application City Manager recommending approval of the submission of a Housing Trust Fund Grant Application to the Iowa Finance Authority in the amount of $157,250 for continued support of homeownership activities in the Washington Neighborhood. RESOLUTION Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds Suggested Disposition: Receive and File; Adopt Resolution 17. Certificate of Completion – Malay Holdings, LLC – Vanguard City Manager recommending approval of the issuance of a Certificate of Completion for Malay Holdings, LLC in the Dubuque Industrial Center West acknowledging completion of their obligations to construct Minimum Improvements as stipulated in the Development Agreement. Suggested Disposition: Receive and File; Approve 18. Iowa Clean Air Attainment Program (ICAP) Application City Manager recommending approval of the submission of a $500,000 Department of Transportation ICAP grant application for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers. RESOLUTION Authorizing an application for funding from the Iowa Clean Air Attainment Program for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers Suggested Disposition: Receive and File; Adopt Resolution 19. Transmittal of GIS Data to FEMA Regarding DFIRM City Manager recommending approval of the submission of a letter to FEMA requesting revision of the proposed boundary delineations on the preliminary DFIRM based on the GIS shape file prepared by HDR. Suggested Disposition: Receive and File; Approve 20. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette papers 5 RESOLUTION Granting the issuance of a Class “B” Beer Permit to Happy Joe’s and a Class “C” Beer Permit to Phillips 66/Arby’s and Hy-Vee Gas #2 RESOLUTION Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Hilton Garden Inn; Class “C” Beer/Liquor License to Angie’s Bar, A & B Tap, Happy’s Place, The Grand Tap, Fat Tuesday’s, Loras College, Red Robin Burgers and Grand River Center; and a Class “WBN” Native Wine Permit to Gotta Have It 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. 1. Dubuque Ice and Recreation Center, Inc. (DICE) – Development Agreement and Lease Agreement City Manager recommending that a public hearing be set for October 5, 2009 to consider a Development Agreement between the City of Dubuque, Dubuque Ice and Recreation Center, Inc., Dubuque Racing Association, Ltd., and Battlefield Dubuque, LLC and a Lease Agreement between the City of Dubuque and Dubuque Ice and Recreation Center, Inc. City Manager recommending approval of an amendment to the SMG Management Agreement for the Five Flags Center which would allow them to compete for the same type of events that can be held at the Grand River Center. RESOLUTION Of intent to dispose of an interest in real property by Development Agreement between and among Dubuque Ice and Recreation Center, Inc., Dubuque Racing Association, and Battlefield Dubuque, LLC and Lease Agreement with Dubuque Community Ice and Recreation Center, Inc. RESOLUTION Approving the Second Amendment to the Management Agreement between the City of Dubuque, Iowa and SMG Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/5/09 2. McEvoy Street – Alley Vacate City Manager recommending that a public hearing be set for October 5, 2009 to consider a request from Laura Skelton for the vacation and disposal of an alley adjacent to 35 McEvoy Street. RESOLUTION Of intent to vacate and dispose of City interest in Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/5/09 6 3. 2009 Cured-in-Place (CIPP) Lining Project City Manager recommending that the bid received for the 2009 Cured-in-Place (CIPP) Lining Project be rejected and to re-initiate the public bidding procedure and setting a public hearing for October 5, 2009. RESOLUTION Rejecting bids for the 2009 Cured-in-Place Lining Project 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 Resolutions 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. Historic Preservation Commission One 3-year term through July 1, 2011 – Langworthy Historic District (Interim Term of Licht) Applicant: rd David Klavitter, 1090 West 3 Street - Qualifies for Langworthy Resident Commissioner Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission One 3-year term through October 1, 2012 (Term of Gayle (Gross) Walter) Applicant: Gayle (Gross) Walter, 1650 Alicia Street 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. 2494 Pearl Street – Request to Rezone Proof of publication on notice of public hearing to consider a request from Tim McDonald to rezone property located at 2494 Pearl Street from R-1 Single-Family Residential District to R-2 Two-Family Residential District and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2494 Pearl Street from R-1 Single-Family District to R-2 Two-Family District 7 Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote Necessary to Approve) 2. 400 Block of Lincoln Avenue – Request to Rezone Proof of publication on notice of public hearing to consider a request from Michelle Mihalakis to rezone property located in the 400 block of Lincoln Avenue (Parcel #10-24- 211-011) from R-2A Alternate Two-Family Residential District to OR Office Residential District 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 in the 400 block of Lincoln Avenue from R-2A Alternate Two-Family Residential District to OR Office Residential zoning district Suggested Disposition: Receive and File; Motion B; Motion A 3. Unified Development Code Proof of publication on notice of public hearing to consider adoption of the Unified Development Code – Articles 1 through 15 and Zoning Advisory Commission recommending approval. ORDINANCE Establishing Title 16, Unified Development Code for the City of Dubuque, Iowa, in accordance with the provisions of the Code of Iowa and for the repeal of all ordinances in conflict herewith Suggested Disposition: Receive and File; Motion B; Motion A 4. 40 Main, LLC Proof of publication on notice of public hearing to consider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main Street and City Manager recommending approval. Proof of publication on notice of public hearing to consider disposition of real estate by Real Estate Contract with 40 Main, LLC and City Manager recommending approval. RESOLUTION Vacating Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa RESOLUTION Disposing of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 8 5. West End Commercial Subdivision Proof of publication on notice of public hearing to consider a request from Tschiggfrie Excavating Company to vacate and dispose of the final plat of West End Commercial Subdivision and City Manager recommending approval. RESOLUTION Vacating the final plat of West End Commercial Subdivision RESOLUTION Disposing of City interest in Lot A and Lot B in West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 6. Fiscal Year 2010 First Budget Amendment Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2010 budget and City Manager recommending approval. RESOLUTION Approving Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 7. General Obligation Bonds Proof of publication on notice of public hearing to consider the issuance of not to exceed $3,000,000 General Obligation Bonds to be used for various projects and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $3,000,000 General Obligation Bonds Suggested Disposition: Receive and File; Adopt Resolution 8. General Obligation Urban Renewal Bonds Proof of publication on notice of public hearing to consider the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds for costs associated with the construction of a multi-story public parking ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and other public infrastructure improvements within Dubuque Industrial Center West and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds Suggested Disposition: Receive and File; Adopt Resolution 9 9. General Obligation Refunding Bonds Proof of publication on notice of public hearing to consider the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds to pay costs of refunding and refinancing of certain City indebtedness and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds Suggested Disposition: Receive and File; Adopt Resolution 10. Port of Dubuque Parking Ramp Concrete Crack Repair Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Port of Dubuque Parking Ramp Concrete Crack Repair Project and City Manager recommending approval and award of the contract to Ram Construction Services of Minnesota LLC., in the amount of . $213,900.00 RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Port of Dubuque Parking ramp Concrete Crack Repair Project RESOLUTION Awarding public improvement contract for the Port of Dubuque Parking ramp Concrete Crack Repair Project Suggested Disposition: Receive and File; Adopt Resolutions 11. Heeb Street Retaining Wall Reconstruction Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution thth 12. Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the for the Traffic Signal Mastarm Retrofit – thth Central Avenue at 5 and 7 Streets Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for thth the Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project Suggested Disposition: Receive and File; Adopt Resolution 10 13. Salt Dome Conveyor Project Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Salt Dome Conveyor Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Salt Dome Conveyor 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. Pet Park City Manager submitting the Park and Recreation Commission’s recommendation on resolution of the Pet Park issue and requesting City Council direction. Communications from Leora Bemboom, John Lau and Roger Ruden (with CD) regarding the dog park issue. Communication from Toni Kretschmer requesting that Nancy Stecklein be allowed to address the City Council regarding the dog park issue. Suggested Disposition: Receive and File; Council Direction 2. Advertisement for Sale of Bonds City Manager recommending approval of the advertisement for the sale Bond Series 2009A, 2009B and 2009C, approval of the electronic bidding procedures and the form of notice of sale, and authorize a preliminary official statement to be completed and distributed in connection with the offering of the bonds for sale.. RESOLUTION Directing the advertisement for sale of $2,935,000 General Obligation Bonds, Series 2009A, $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B and $9,500,000 General Obligation Refunding Bonds, Series 2009C, and approving electronic bidding procedures Suggested Disposition: Receive and File; Adopt Resolution 3. Bicycle Ordinance Provisions City Manager recommending approval of an ordinance related to the regulation of bicycles which was inadvertently left out of the most recent Code of Ordinance update from Sterling Codifier. 11 ORDINANCE Amending the City of Dubuque Code of Ordinances by adopting Article 7, Chapter 7 related to the registration, rules, and regulations for operation of bicycles within the City of Dubuque Suggested Disposition: Receive and File; Motion B; Motion A 4. National League of Cities Communication from the National League of Cities requesting the designation of a voting delegate and alternate for the upcoming NLC Conference. 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 September 17, 2009 12