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10 19 09 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 10/19/09 CONNORS JONES LYNCH RESNICK VOETBERG BRAIG BUOL CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, OCTOBER 19, 2009 PLEDGE OF ALLEGIANCE INVOCATION Randy Sirk, Temple Beth El PROCLAMATIONS Dubuque Weatherization Challenge Day (October 24, 2009) Weatherization Challenge Day 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 City Council of 10/5; Civil Service Commission of 10/14; Human Rights Commission of 9/14; Plumbing Board of 10/1; Zoning Advisory Commission of 10/7; Zoning Board of Adjustment of 9/24 Proofs of publication of City Council Proceedings of September 21 and 23, 2009 and List of Claims and Summary of Revenues for Month Ended August 31, 2009 Library Board of Trustees Update from Meeting of September 24, 2009 Substance Abuse Services Center First Quarter Report Suggested Disposition: Receive and File Civil Service City CouncilHuman RightsPlumbing BdZoning Advisory Zoning Bd of CommissionAdjustment SASC Report Library Bd Update 2. Notice of Claims/Suits Opalus Salon and Spa for loss of revenue; Chelsea Deines for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Chelsea Deines for vehicle damage City Attorney recommending settlement of the claim of Opalus Salon for loss of revenue. Suggested Disposition: Receive and File; Concur Claim - ICAPClaim - Settled 3. Green Alley Project thth City Manager recommending acceptance of the Green Alley Pilot Project (11 – 13 between White and Jackson Streets), as completed by Portzen Construction, in the final contract amount of $199,966.88. thth RESOLUTION Accepting the Green Alley Pilot Project (11 – 13 between White and Jackson Streets) and authorizing payment of the contract amount to the contractor 2 Suggested Disposition: Receive and File; Adopt Resolution Green Alley - Final Green Alley - MVM Green Alley - Staff Green Alley - Payment Form MemoMemoResolution 4. Eagle Point Park Trolley Line Trail Project City Manager recommending acceptance of the Eagle Point Park Trolley Line Trail Project as completed by Portzen Construction in the final contract amount of $203,708.91. RESOLUTION Accepting the Eagle Point Park Trolley Line Trail Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Trolley Line - Final Trolley Line - MVM Trolley Lline - Staff Trolley Line - Payment Form MemoMemoResolution 5. I-Jobs Affordable Housing Assistance Grant Application City Manager recommending approval of an I-Jobs Affordable Housing Assistance Grant Application to the Iowa Finance Authority on behalf of Gronen Restoration to be used for the redevelopment of the former Caradco building mixed-use project. RESOLUTION Approving I-Jobs Affordable Housing Assistance Grant Application to the Iowa Finance Authority on behalf of Gronen Restoration Suggested Disposition: Receive and File; Adopt Resolution I-Jobs - MVM Memo I-Jobs - Staff MemoI-Jobs - Resolution 6. Housing Enterprise Zone Program Agreement – St. Raphael School Project City Manager recommending approval of an amendment to the Housing Enterprise Zone Program Agreement to reflect a change in developers of the St. Raphael School Project to B & C Cathedral Development. RESOLUTION Approving an amendment to a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Lofts at Cathedral Square Suggested Disposition: Receive and File; Adopt Resolution 3 Enterprise Zone - Enterprise Zone - Enterprise Zone - Enterprise Zone - Enterprise Zone - MVM MemoStaff MemoResolutionIDED LtrAmendment 7. Final Plat – Bonson and Stewart’s Subdivision Lot “H” Zoning Advisory Commission recommending approval of the final plat of Bonson and Stewart’s Subdivision Lot “H”. RESOLUTION Approving Bonson and Stewart’s Subdivision Lot “H” in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Plat - ZAC LtrPlat - Staff ReportPlatl - Vicinity MapPlat - IDOT PlatPlat - Parcel MapPlat - Resolution 8. 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 - Delinquent Accounts MemoMemoResolution 9. General Obligation Bonds – Series 2009A City Manager recommending approval of suggested proceedings to complete the action required for the issuance of not to exceed $2,935,000 General Obligation Bonds – Series 2009A. RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement RESOLUTION Authorizing and providing for the issuance of $2,935,000 General Obligation Bonds, Series 2009A and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolutions 4 Bonds - Noth Ltr Series 2009A - MVM Series 2009A - Staff Series 2009A - Series 2009A - MemoMemoResolution #1Resolution #2 10. General Obligation Urban Renewal Bonds – Series 2009B City Manager recommending approval of suggested proceedings to complete the action required for the issuance of not to exceed $11,175,000 General Obligation Urban Renewal Bonds – Series 2009B. RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement RESOLUTION Authorizing and providing for the issuance of $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolutions Bonds - Noth Ltr Series 2009B - MVM Series 2009B - Staff Series 2009B - Series 2009B - MemoMemoResolution #1Resolution #2 11. General Obligation Refunding Bonds – Series 2009C City Manager recommending approval of suggested proceedings to complete the action required for the issuance of not to exceed $8,885,000 General Obligation Refunding Bonds – Series 2009C. RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement RESOLUTION Authorizing and providing for the issuance of $8,885,000 General Obligation Refunding Bonds – Series 2009C and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolutions Bonds - Noth Ltr Series 2009C - MVM Series 2009C - Staff Series 2009C - Series 2009C - MemoMemoResolution #1Resolution #2 5 12. Purchase of Property – 1925 Washington Street City Manager recommending approval of the purchase of a foreclosed home located at 1925 Washington Street. RESOLUTION Approving the acquisition of real estate located at 1925 Washington Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Purchase - MVM Purchase - Staff Purchase - MemoMemoResolution 13. Cell Phone Recommendation City Manager recommending approval of the selection of US Cellular / ComElec to provide cellular handsets and services for a 24-month term. Suggested Disposition: Receive and File; Approve Cell Phone - MVM Cell Phone - Staff MemoMemo 14. Project HOPE Communication from Alyssa Hauser, Project HOPE Coordinator, advising that the Diversity in the Workplace Committee and Project HOPE have created a Disability Mentoring Day. Suggested Disposition: Receive and File Project HOPE Ltr 15. Human Rights Commission Shane J. Oswald submitting his resignation from the Human Rights Commission. Suggested Disposition: Receive and File; Accept Resignation Oswald Resignation 6 16. Neighborhood Stabilization Program City Manager recommending approval of the Residential Antidisplacement and Relocation Assistance Plan and the Policy on Prohibition of Use of Excessive Force, according to the requirements of the Neighborhood Stabilization Program (NSP). RESOLUTION Policy on the prohibition of the use of excessive force Suggested Disposition: Receive and File; Adopt Resolution Program - MVM Antidisplacement Program - Staff Program - Resolution MemoPlan Memo 17. Civil Service Commission Civil Service Commission submitting the certified list for the position of Police Officer. Suggested Disposition: Receive and File; Make a Matter of Record Police Officer Ltr 18. Signed Contracts Award of the contract for the Thomas Place Guardrail and Curb and Gutter Installation Project. Floodwall Levee Slope Stabilization Project Change Order Suggested Disposition: Receive and File Floodwall Levee Thomas Place - MVM Thomas Place - Staff Thomas Place - Bid MemoMemoTab 19. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Beer Permit to Friendlylocust Mart and Big 10 Mart Car Wash RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Europa Haus Restaurant and Bierstub, Jumpers Sports Bar and Grill, Rainbow Lounge, Channel Inn Restaurant, Fiesta Cancun Restaurant and The Bank Bar and Grille; and a Class “WBN” Native Wine to Dubuque Area Chamber of Commerce Suggested Disposition: Receive and File; Adopt Resolutions 7 Renewals - MVM Renewals - Staff Resolution #1Resolution #2 MemoMemo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Historic Shot Tower Rehabilitation Project – Phase I City Manager recommending initiation of the bidding process for the Historic Shot Tower Rehabilitation Project – Phase I and that a public hearing be set for November 2, 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 – Phase I Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/2/09 Shot Tower - MVM Shot Tower - Staff Shot Tower - Memo MemoResolutions 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 – 1800 Manson Road Proof of publication on notice of public hearing to consider a request from Marty McNamer to rezone property located at 1800 Manson Road from AG Agricultural District to R-1 Single-Family 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 at 1800 Manson Road from AG Agricultural District to R-1 Single-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Manson Rd - ZAC LtrManson Rd - Manson Rd - Vicinity Manson Rd - Staff Manson Rd - Aerial Manson Rd - ApplicationMapReportViewOrdinance 8 Suggested Motion 2. Request to Rezone – Radford Road and Westmark Drive Proof of publication on notice of public hearing to consider a request from Tom Kelzer / GTW Pennsylvania LLC to rezone property located at the southeast corner of Radford Road and Westmark Drive from C-2 Neighborhood Shopping Center District to a PUD Planned Unit Development District with a PR Planned Residential District designation 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 at the southeast corner of Radford Road and Westmark Drive from C-2 Neighborhood Shopping Center 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 Westmark - Aerial Westmark - ZAC LtrWestmark - Westmark - Vicinity Conceptual Westmark - Staff View ApplicationMapDevelopment PlanReport Westmark - Parcel Westmark - Fire Dept Westmark - IDOT Development Bldg & Apartment Westmark - Map LtrADTRenderingLayoutOrdinance Suggested Motion 3. Request to Rezone – Corner of Bluff Street and Fifth Street Proof of publication on notice of public hearing to consider a request from the City of Dubuque to rezone property located at the northwest corner of Bluff Street and Fifth Street from OR Office/High Density Multi-Family Residential District to C-4 Downtown Commercial 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 the northwest corner of Bluff Street and Fifth Street from OR Office/High Density Multi- Family Residential District to C-4 Downtown Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 5th & Bluff - Aerial 5th & Bluff - ZAC Ltr5th & Bluff - 5th & Bluff - Vicinity 5th & Bluff - Staff 5th & Bluff - Views ApplicationMapReportOrdinance 9 Suggested Motion 4. MYLA Company, LLC Proof of publication on notice of public hearing to consider a proposed lease between MYLA Company, LLC for the placement of a sign for the businesses in the new building at 3338 Center Grove Drive and City Manager recommending approval. RESOLUTION Disposing of an interest in public right-of-way owned by the City of Dubuque by lease between the City of Dubuque, Iowa and MYLA Company, LLC Suggested Disposition: Receive and File; Adopt Resolution MYLA - MVM MemoMYLA - Staff MemoMYLA - ResolutionMYLA - Lease Agreement Material from October 5, 2009 City Council Meeting MYLA - Vicinity Map MYLA - MVM MemoMYLA - Staff MemoMYLA - Resolution 5. Blanche Avenue – Request to Vacate Proof of publication on notice of public hearing to consider a request from David W. Leifker Law Offices, representing Raymond E. Tarkett, for the vacating and disposal of an alley adjacent to 765 Blanche Avenue and City Manager recommending approval. RESOLUTION Vacating Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa RESOLUTION Disposing of City interest in Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Blanche Ave - MVM Blanche Ave - Staff Blanche Ave - MemoMemoResolutions Material from October 5, 2009 City Council Meeting Blanche Ave - Vicinity Blanche Ave - PlatBlanche Ave - Blanche Ave - MVM Blanche Ave - Staff Blanche Ave - MapRequest Ltr MemoMemoResolutions 10 6. North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III Proof of publication on notice of public hearing to consider the plans and specs, form of contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III Suggested Disposition: Receive and File; Adopt Resolution North Fork - MVM North Fork - Staff North Fork - MemoMemoResolution Material from October 5, 2009 City Council Meeting North Fork - MVM North Fork - Staff North Fork - 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. Dubuque Area Chamber of Commerce Convention and Visitors Bureau Request of Keith Rahe, Director of the Convention and Visitors Bureau, to provide a quarterly update. Suggested Disposition: Receive and File CVB Report 2. Millstone Drive City Manager recommending that Westside Arterial Development, LLC be notified that if they have not submitted a rezoning request by November 2, 2009, for the property where the temporary Millstone Drive cul-de-sac is to be built, that they be ordered to install the temporary cul-de-sac prior to winter. 11 Suggested Disposition: Receive and File; Approve Millstone - MVM Millstone - Staff Millstone - Attorney Millstone - Petitioner Kane Ltr - 9 23 09Kane Ltr - 10 5 09 MemoMemoLtrLetter Mai Ltr 3. Unified Development Code (Second Reading on October 5, 2009) Zoning Advisory Commission recommending adoption of Option #4 for the Unified Development Code Section 11-9 – Recreational Open Space. City Manager transmitting the Unified Development Code for the third reading and recommending amendments to the Unified Development Code (UDC) for consideration by the City Council. ORDINANCE Establishing the Unified Development Code for the City of Dubuque, Iowa and providing for the administration, enforcement and amendment thereof 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 A UDC - ZAC LtrUDC - Option 1UDC - Option 2UDC - Option 3UDC - Option 4 UDC Amendments - UDC Amendments - UDC - Final DraftUDC Adoption - Staff UDC Adoption - Suggested Motion MVM MemoStaff MemoMemoOrdinance Material from October 5, 2009 City Council Meeting UDC - MVM MemoUDC - Staff MemoUDC - Enclosure AUDC - Enclosure BUDC - Enclosure CUDC - Enclosure D UDC - Enclosure EUDC - Enclosure F 12 Material from September 21, 2009 City Council Meeting UDC - ZAC LtrUDC - OrdinanceUDC - Public Input UDC - Staff Memo UDC - Staff Memo UDC - Staff Memo Ltrs6-19-098-18-098-21-09 UDC - Staff Memo ZAC 3-4-09 MinutesZAC 3-25-09 MinutesZAC 12-3-08 MinutesUDC - Attachments 9-2-091-9 4. RTA Shuttle Service to NICC City Manager recommending consideration of a partnership with RTA and to assist with funding the NICC shuttle service at a reduced service level for the remainder of the 2009-2010 school year, at a cost of up to $12,000 in City funds to equally split the net cost of the reduced shuttle service with the RTA. Suggested Disposition: Receive and File; Approve NICC - MVM Memo NICC - Staff Memo 5. 2009 Sewer Cured-in-Place Pipe Lining Project City Manager recommending award of the contract for the 2009 Sewer Cured-in-Place Pipe Lining Project to Visu-Sewer, Inc., in the amount of $134,861.25. RESOLUTION Awarding public improvement contract for the 2009 Sewer Cured-in- Place Pipe Lining Project Suggested Disposition: Receive and File; Adopt Resolution 2009 CIPP - MVM 2009 CIPP - Staff 2009 CIPP - 2009 CIPP - Bid Tab MemoMemoResolution 6. Salt Dome Conveyer Project City Manager recommending award of the contract for the Salt Dome Conveyer Project to Conlon Construction in the amount of $128,400. RESOLUTION Awarding public improvement contract for the Salt Dome Conveyor Project Suggested Disposition: Receive and File; Adopt Resolution 13 Salt Dome - MVM Salt Dome - Staff Salt Dome - MemoMemoResolution 7. Mississippi River Partnership City Manager recommending that Mayor Roy Buol solicit citizen interest to be considered for an appointment as the City representative to the Mississippi River Partnership Council or appoint a member of the City Council. Suggested Disposition: Receive and File; Council Partnership - MVM Partnership - ECIA Partnership - Partnership - 8/28 MemoLtrPresentationAgenda 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 October 15, 2009 14