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11 16 09 City Council Agenda - No Icons ROLL CALL ORDER FOR MEETING OF 11/16/09 JONES LYNCH RESNICK VOETBERG BRAIG BUOL CONNORS CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – WORK SESSION – TRANSIT STUDY 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, NOVEMBER 16, 2009 PLEDGE OF ALLEGIANCE INVOCATION Associate Pastor Diane Mitchell, St. Luke Methodist Church PRESENTATIONS Presentation of Dubuque Main Street Awards Presentation of the Iowa Chapter America Planning Association Award for Historic Millwork District Master Plan 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 9/22; City Council of 11/2; Civil Service Commission of 10/16; City Conference Board of 1/28; Historic Preservation Commission of 10/22; Investment Oversight Advisory Commission of 10/28; Zoning Advisory Commission of 11/4; Zoning Board of Adjustment of 10/22 th Investment Oversight Commission 66 Quarterly Report Proofs of publication of City Council Proceedings of October 19, 2009 and List of Claims and Summary of Revenues for month ended September 30, 2009 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Michael FitzPatrick for property damage; Geraldine M. Goodman for personal injury; John Bechen for vehicle damage; Lola Volkert for personal injury; Matthew G. Hurm 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: Michael FitzPatrick for property damage; Geraldine M. Goodman for personal injury Suggested Disposition: Receive and File; Concur 3. Lower Bee Branch Creek Restoration Project City Manager recommending approval of an Environmental Information Document as a prerequisite for the use of state revolving loan funds (SRF) for the construction of the Lower Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve 4. Iowa 32 (Northwest Arterial) Capacity Improvements Project – Request for Proposals City Manager recommending approval of the issuance of a Request for Proposal (RFP) to seek qualified firms interested in providing street and utility engineering design, geotechnical investigation and testing for the improvements along IA 32, from US 20 to John F. Kennedy Road. Suggested Disposition: Receive and File; Approve 5. Kephart Building – Roof Replacement Project City Manager recommending acceptance of the Kephart Building – Roof Replacement Project as completed by Giese Roofing Company in the final contract amount of $81,107.00. RESOLUTION Accepting the Kephart Building Roof Replacement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 6. Mines of Spain Exhibit and Educational Program Consultant City Manager recommending approval of the selection of Experience Design and direct City staff to negotiate a contract with the firm for the Mines of Spain Interpretive Exhibit and Education Program. 2 Suggested Disposition: Receive and File; Approve 7. Digital Flood Insurance Rate Map (DFIRM) City Manager recommending approval of a letter to the Federal Emergency Management Agency requesting changes to the Digital Flood Insurance Rate Map (DFIRM) and stating that the City of Dubuque will not provide additional GIS data requested by FEMA for the North End. Suggested Disposition: Receive and File; Approve 8. REAP Grant Agreement – Iowa 32 Bike / Hike Trail – Phase 3 City Manager recommending approval of a $200,000 Fiscal Year 2010 REAP grant agreement for installation of Phase 3 of the Iowa 32 Bike/Hike Trail. RESOLUTION Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for Iowa 32 Bike / Hike Trail – Phase 3 Suggested Disposition: Receive and File; Adopt Resolution th 9. Purchase of Property – 347 East 19 Street City Manager recommending approval of the purchase of a single family home located th at 347 East 19 Street which has been in serious disrepair for a number of years. th RESOLUTION Approving the acquisition of real estate located at 347 East 19 Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution th 10. Sale of Property – 351 East 15 Street City Manager recommending approval of the sale of a single family residence located at th 351 East 15 Street. th RESOLUTION Approving the sale of real estate located at 351 East 15 Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 11. Utility Easement for Industrial Tech Building City Manager recommending approval of an easement that would allow Alliant to extend electrical lines and install a transformer to provide electrical service to the Spec Building in the Dubuque Industrial Center West owned by Spiegel Family Realty. RESOLUTION Disposing of an interest in real property by easement to Interstate Power and Light Company Suggested Disposition: Receive and File; Adopt Resolution 3 12. Historic Preservation Commission – Fifth and Bluff Street Parking Ramp Historic Preservation Commission transmitting the HPC’s comments and recommendations on the proposed parking ramp located at the corner of Fifth and Bluff Streets, located in the Cathedral Historic Preservation District. City Manager recommending that the City Council take no action at this time regarding the Fifth and Bluff Street Parking Ramp as staff continues to evaluate options based on available funding. Suggested Disposition: Receive and File 13. Floodwall Levee Slope Stabilization Project City Manager recommending acceptance of the Floodwall Levee Slope Stabilization Project as completed by Eastern Iowa Excavating and Concrete LLC in the final contract amount of $224,617.91. RESOLUTION Accepting the Floodwall Levee Slope Stabilization Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 14. Supplement #1 – Code of Ordinances City Manager recommending approval of Supplement #1 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement #1 to the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 15. I-JOBS Water Quality Fund Application – Lower Bee Branch Restoration Project City Manager recommending approval of the submittal of a $7,000,000 grant application to the Iowa Finance Authority for I-JOBS Water Quality Fund money for the restoration of the Lower Bee Branch. Suggested Disposition: Receive and File; Approve 16. I-JOBS Water Quality Fund Application – Water Pollution Control Plant Replacement Project City Manager recommending approval of the submittal of a $5,000,000 grant application to the Iowa Finance Authority for I-JOBS Water Quality Fund money for the replacement of the Water Pollution Control Plant. Suggested Disposition: Receive and File; Approve 4 17. Coalition for Various Telecommunication Filings City Manager recommending approval of committing up to $10,000 to join a coalition of communities to pool resources for various telecommunications filings anticipated in the coming months. Suggested Disposition: Receive and File; Approve 18. Center for Energy and Environmental Education (CEEE) Communication to Kamyar Enshayan, Director – Center for Energy and Environmental Education, expressing the City’s commitment to partner with the University of Northern Iowa’s CEEE and, if possible, to host a 2010 Green Iowa AmeriCorps program in Dubuque starting in the fall of 2010. Suggested Disposition: Receive and File 19. Mediacom Communication from Lee Grassley, Mediacom, advising of channel changes which supersede the changes outlined in his letter dated October 23, 2009. Suggested Disposition: Receive and File 20. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Prevention Program (CLPPP) City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health (IDPH) for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the VNA for services related to the CLPPP Suggested Disposition: Receive and File; Approve 21. Civil Service Commission Civil Service Commission submitting the Certified List for the position of Medical Officer. Suggested Disposition: Receive and File; Make a Matter of Record 22. Human Rights Commission Communication from Gretel Winterwood, 1555 Montrose Terrace, advising that she will not be re-applying for a position on the Human Rights Commission. Suggested Disposition: Receive and File 23. Abstract of Votes Dubuque County Board of Supervisors submitting the Abstract of Votes for the General rd Election held the 3 day of November, 2009. Suggested Disposition: Receive and File 5 24. 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 Jane’s Indoor Party and Play Center and a Class “C” Beer Permit to Plaza 20 Amoco RESOLUTUION Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Grand Harbor Resort/Water Park and Hotel Julien Dubuque; a Class “C” Beer/Liquor License to Q and Bridge Restaurant; and a Special Class “C” Liquor License to Cookin Something Up 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. General Obligation Urban Renewal Bonds City Manager recommending that a public hearing be set for December 7, 2009 to consider approval of the issuance of not to exceed $6,000,000 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. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/7/09 2. North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III City Manager recommending initiation of the bidding process for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III and that a public hearing be set for December 7, 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 North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/7/09 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. Mississippi River Partnership Council One 3-year term through December 31, 2012 Applicant: Anthony Allen, 575 Almond Street Edward Cawley, 598 Needham Street nd Kenneth Oglesby, 990 W. 32 Street Walt Webster, 3509 Asbury Road Plumbing Board One 3-year term through November 2, 2012 (At-large term of Harris) Applicant: Daniel Harris, 998 Indian Ridge Transit Board of Trustees One 3-year term through July 30, 2011 (Term of Curtis) Applicant: Thomas Croissant Jr., 444 Angella Street #8 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 – Commerce Park Proof of publication on notice of public hearing to consider a request from Joel Callahan to rezone property located at Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District and Zoning Advisory Commission recommending denial. ORDINANCE Amending the Unified Development Code by reclassifying hereinafter described property located at Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District Suggested Disposition: Receive and File; Concur with Denial orMotion B; Motion A (Super Majority Vote) REINSTATE THE RULES This action limits discussion to the City Council. 7 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. Every Child / Every Promise Chad Chandlee, Every Child / Every Promise Board Chair, to introduce Executive Director Nancy Keedy. Suggested Disposition: Receive and File 2. Assistance Pool to Encourage Residential Housing in Downtown City Manager recommending that a pool of funds in the amount of $2.5 million be created to encourage new residential housing units in downtown Dubuque and that a Request for Proposals be solicited from developers who are interested in renovating existing structures in the downtown. Suggested Disposition: Receive and File; Approve 3. Port of Dubuque – Riverfront Marina Project City Manager recommending approval to locate an additional 43 transient boat slips (25 existing + 43 additional for a net total of 68 transient slips) with amenities as outlined in the City’s grant proposal for the Port of Dubuque – Riverfront Marina Project. Suggested Disposition: Receive and File; Approve 4. Washington Neighborhood Guidelines and Funding Sources City Manager recommending approval of proposed revisions to the financial incentives program promoting Washington Neighborhood homeownership. Suggested Disposition: Receive and File; Approve 5. Acquisition of Property at Corner of South Grandview Avenue and Rockdale Road City Manager recommending acceptance of a donation from Mark Falb to acquire property at the corner of South Grandview and Rockdale Road for development of a passive park. Suggested Disposition: Receive and File; Approve 6. Mailboxes in City Right-of-Way City Manager recommending approval of actions to be taken to address the existing unauthorized structures in the City right-of-way, including an amendment to the Code of Ordinances prohibiting any future mailbox structures or other encroachments of a non- breakaway design. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, by adopting a new Article F, Mailboxes, Establishing Standards for Mailboxes in Public Rights-of-Way Suggested Disposition: Receive and File; Motion B; Motion A 8 7. Shot Tower Rehabilitation – Phase I City Manager recommending award of the public improvement contract for the Shot Tower Rehabilitation – Phase I Project to Building Restoration Corporation in the amount of $444,369. RESOLUTION Awarding public improvement contract for the Shot Tower Rehabilitation – Phase I Project Suggested Disposition: Receive and File; Adopt Resolution 8. Dubuque Racing Association Communication from the Dubuque Racing Association Board of Directors requesting appointment of representatives to the DRA Board of Directors for 2009 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen). Suggested Disposition: Receive and File; Council Appointment 9. State of Iowa Legislative Priorities – 2010 Session City Manager recommending approval of the State of Iowa Legislative Priorities for the 2010 session. Suggested Disposition: Receive and File; Approve 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 November 12, 2009 9