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12 21 09 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 12/21/09 LYNCH RESNICK VOETBERG BRAIG BUOL CONNORS JONES CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:30 P.M. – TOUR OF TRAFFIC CONTROL CENTER – CITY HALL 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, DECEMBER 21, 2009 PLEDGE OF ALLEGIANCE INVOCATION Major Tom Mason, Salvation Army 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 12/7 and 12/10; Civil Service Commission of 10/14, 11/6 and 12/11; Electrical Code Board of 11/23; Library Board of Trustees of 9/24 and 10/22; Transit Board of 12/14; Zoning Advisory Commission of 12/2 Proofs of publication of City Council Proceedings of November 16 and December 1, 2009 Suggested Disposition: Receive and File City Council - 12/7City Council - 12/10Civil Service - 10/14Civil Service - 11/6Civil Service - 12/11Electrical Code Bd Library Bd - 9/24Library Bd - 10/22 Transit BoardZoning Advisory Commission 2. Notice of Claims/Suits 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: George Clark for property damage; John Corbett for vehicle damage Suggested Disposition: Receive and File; Concur Claims - ICAP 3. Professional Services for the Urban Forest Evaluation City Manager recommending approval of the issuance of a Request for Proposals for the Urban Forest Evaluation. Suggested Disposition: Receive and File; Approve Evaluation - MVM Evaluation - Staff Evaluation - Request Memo Memofor Proposals 4. Port of Dubuque Usage Policies City Manager recommending approval of two revisions to the Usage Policies for the Alliant Energy Amphitheater, Mississippi Riverwalk and American Trust River’s Edge Plaza. Suggested Disposition: Receive and File; Approve Usage Policies - MVM Usage Policies - Staff Usage Policies - MemoMemoRevised 5. Westbrook Park City Manager recommending approval of a lease agreement with Callahan Construction for development of a temporary Westbrook Park. Suggested Disposition: Receive and File; Approve 2 Westbrook - MVM Park - Staff MemoPark - Lease MemoAgreement 6. Administrative Services Agreement with Express Scripts City Manager recommending approval of the Administrative Services Agreement with Express Scripts for the City’s Prescription Drug Program. Suggested Disposition: Receive and File; Approve Express Scrips - Express Scripts - Express Scripts - Staff MemoAgreement MVM Memo 7. 2009 Annual Tax Increment Financing (TIF) Report City Manager transmitting the 2009 Annual Tax Increment Financing (TIF) Report. Suggested Disposition: Receive and File TIF Report - MVM TIF Report - Staff TIF ChronologyEconomic Dev TIF Project HistoryFY 2011 TIF Report MemoMemoProjects 8. Dubuque Human Rights Commission Annual Report City Manager transmitting the 2009 Dubuque Human Rights Commission Annual Report. Suggested Disposition: Receive and File DHRC Report - MVM DHRC Report - Staff DHRC Annual Report MemoMemo 9. General Obligation Urban Renewal Bond Proceeds – New Parking Ramp City Manager recommending approval to reassign the remaining General Obligation th Urban Renewal Bond proceeds for the ramp construction at 10 Street and Central Avenue. RESOLUTION Re-allocating funds Suggested Disposition: Receive and File; Adopt Resolution UR Bonds - MVM UR Bonds - Staff UR Bonds - MemoMemoResolution 3 10. Sewer Revenue Capital Loan Notes, Series 2010A City Manager recommending approval of the suggested proceedings to complete action required on the Sewer Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Program under the State of Iowa Revolving Fund Loan (SRF) program. RESOLUTION Authorizing and providing for the issuance and securing the payment of $1,141,000 Sewer Revenue Capital Loan Notes, Series 2010A by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa, providing for a method of payment thereof, approving Loan and Disbursement Agreements, and other related matters Suggested Disposition: Receive and File; Adopt Resolution Series 2010A - MVM Series 2010A - Staff Series 2010A - MemoMemoResolution 11. Storm Water Utility Revenue Capital Loan Notes, Series 2010B City Manager recommending approval of the suggested proceedings to complete action required on the Storm Water Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Program under the State of Iowa Revolving Fund Loan (SRF) program. pproving and authorizing a form of Loan and Disbursement RESOLUTION A Agreements by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $998,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes Suggested Disposition: Receive and File; Adopt Resolution Series 2010B - MVM Series 2010B - Staff Series 2010B - MemoMemoResolution 12. Federal Emergency Management Agency (FEMA) City Manager recommending approval of a letter to the Federal Emergency Management Agency (FEMA) requesting changes to the preliminary digital flood insurance rate map for the Dubuque Industrial Center West. Suggested Disposition: Receive and File 4 FEMA - MVM MemoFEMA - Staff MemoFEMA - IIW LtrFEMA - Nusz Ltr 13. Barton Randle Second Addition – Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Barton Randle Second Addition. RESOLUTION Approving a Plat of Survey of Barton Randle Second Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Plat - ZAC LtrPlat - Staff MemoPlat - Vicinity MapPlat - Aerial ViewsPlat - Resolution 14. 2009 Public Right-of-Way Assessments City Manager recommending approval of the levy of special assessments for four property owners who failed to complete required replacements or corrections to sidewalks, driveways, excavation surface patches or obstruction removal in 2009. RESOLUTION Adopting the final assessment schedule for the 2009 Public Right-of- Way Assessment properties Suggested Disposition: Receive and File; Adopt Resolution Assessment - MVM Assessments - Staff Assessments - Assessments - Notice Schedule of MemoMemoResolutionto Property OwnersAssessments 15. Fire Station No. 4 Door Modifications Project City Manager recommending acceptance of the Fire Station No. 4 Door Modifications Project as completed by Portzen Construction, Inc., in the final contract amount of $61,593.00. RESOLUTION Accepting the Fire Station No. 4 Door Modifications Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Fire Station - MVM Fire Station - Staff Fire Station - MemoMemoResolution 5 16. US Highway 52 Resurfacing Project City Manager recommending acceptance of the US Highway 52 Resurfacing Project as completed by River City Paving, Inc., a division of Mathy Construction, Inc., in the final contract amount of $1,128,514.44 RESOLUTION Accepting the US Highway 52 Resurfacing Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Hwy 52 - MVM MemoCertificate of Hwy 52 - Staff MemoHwy 52 - Resolution Completion 17. Operation: New View Community Action Agency Communication from Becky Jenkins, Operation: New View Community Action Agency, advising that Operation: New View and the Earned Income Tax Credit (EITC) Outreach Task Force will be hosting the 2010 EITC Awareness Day on January 29, 2010. Suggested Disposition: Receive and File Operation: New View Ltr 18. Childhood Lead Poisoning Prevention Program (CLPPP) City Manager recommending approval of a contract revision with the VNA for services related to the Childhood Lead Poisoning Prevention Program (CLPPP) Suggested Disposition: Receive and File; Approve CLPPP - MVM MemoCLPPP - Staff MemoCLPPP - VNA Subcontract 19. 2009 Tax Appeal – Stipulation of Settlement City Attorney submitting the Stipulation of Settlement in the 2009 tax assessment appeal of Richard V. and Charlene L. Hansel Living Trusts. Suggested Disposition: Receive and File Tax Appeal - BAL LtrNotice of Voluntary Stipulation of SettlementSettlement 6 20. Purchase of Property – 1545 South Grandview Avenue City Manager recommending acceptance of the Warranty Deed from Scott J. Nelson for property located at 1545 South Grandview Avenue for the purpose of creating a City park. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Scott J. Nelson Suggested Disposition: Receive and File; Adopt Resolution Property - MVM Property - Staff Property - ResolutionProperty - Warranty Memo MemoDeed 21. Signed Contracts -- Water Pollution Control Plant Replacement Project – Strand Associates, Inc. Amendment #1 Clarification -- Eco Smart Building Professional Services Agreement Suggested Disposition: Receive and File WPCP - Contract Eco Smart AmendmentAgreement 22. Liquor and Tobacco License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of permits to sell cigarettes to Iowa Street Market, Gas N Go (4110 Dodge Street), and Gas N Go (3270 Dodge Street) RESOLUTION Granting the issuance of a Class “B” Beer Permit to UAW Local #94 and a Class “C” Beer Permit to Clark of Dubuque and Iowa Street Market RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Bowling and Beyond, Las Margaritas and the Moracco; a Class “C” Beer/Liquor License (Five-day Special Event) to Restoration Trust LLC; a Class “B” Wine Permit to Iowa Street Market; and a Class “WBN” Native Wine Permit to Engraved Gift Collection and Hy-Vee Gas #2 Suggested Disposition: Receive and File; Adopt Resolutions Resolution #1Resolution #2Resolution #3 Renewals - MVM Renewals - Staff MemoMemo 7 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 January 4, 2010 to consider the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $2,500,000 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 1/4/10 UR Bonds - MVM UR Bonds - Staff UR Bonds - UR Bonds - Noth Ltr MemoMemoResolution BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Housing Code Appeals Board Two 3-year terms through January 11, 2013 (Terms of Kinsella and Schaub) Applicants: William Kinsella, 2 Julien Dubuque Drive Robert Schaub, 1745 Embassy West Drive Human Rights Commission One 3-year term through January 1, 2012 (Term of Driskell) Three 3-year terms through January 1, 2013 (Terms of Eddy, Oswald and Winterwood) Applicants: Lori Apel, 3315 Spring Valley Road Marquita Bolden, 2757 Ventura Drive, #2 Lynn Sutton, 876 Yale Court, #1 Pam Sharrad, 836 Air Hill Street R.R.S. (Rachael) Stewart, 460 Summit Street Robert Yunk, 815 Rose Street, #2 Ms. Sutton is a member of the Housing Commission Mediacom Charitable Foundation Two 1-year terms through December 31, 2010 (Terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Lane Connie Twining, 421 North Booth Street 8 Board and Overview SheetHousing Code Human Rights Mediacom Commission ListAppeals Bd AppsApplicationsApplications 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 approval. Communication from Ron and Jane Ainley regarding the rezoning change to Lot 8 of Westbrook Subdivision next to the industrial park. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances 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; Motion B; Motion A Commerce Park - Commerce Park - Commerce Park - Commerce Park - Commerce Park - Commerce Park - ZAC LtrApplicationsVicinity MapStaff ReportAerial ViewsOrdinance Ainley Ltr Suggested Motion 2. Request to Rezone – North End of Millstone Drive Proof of publication on notice of public hearing to consider a request from Brian Kane / Westside Arterial Development, LLC to rezone property located at the north end of Millstone Drive from R-1 Single Family Residential District and R-3 Moderate Density Multi-Family Residential District to PR Planned Residential District and Zoning Advisory Commission recommending denial. Communications from Daniel and Janice Smith, Don and Shirley Foley, and Terry and Jenny Balk in opposition to the proposed rezoning of the north end of Millstone Drive. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located southeast of the intersection of the Northwest Arterial and Plaza Drive from R-1 Single-Family 9 Residential and R-3 Moderate Density Multi-Family Residential Districts to PUD Planned Unit Development District with a PR Planned Residential designation and adopting a conceptual development plan Suggested Disposition: Receive and File; Concur with the Denial or Motion B; Motion A (Super Majority Vote Necessary) Millstone - ZAC LtrMillstone - Opposition Millstone - Millstone - Vicinity Millstone - Layout Millstone - Rendering MapApplicationMapSummary/ Layout Smith LtrBalk Ltr Opposition Eemails & Millstone - Staff Millstone - Aerial Millstone - Ordinance PetitionsReportViews Foley Ltr Suggested Motion 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. Landlord Notification Regarding Police Calls for Service City Manager transmitting information on the recently implemented system being used to notify rental property landlords or managers of selected police calls for service occurring at the properties they either own or manage. Suggested Disposition: Receive and File Landlords - MVM Landlords - Staff MemoMemo 2. Establishment and Management of Community Garden Program City Manager recommending approval to initiate the Request for Proposals process for the Establishment and Management of the Community Garden Program. Suggested Disposition: Receive and File; Approve Garden - MVM MemoGarden - Staff MemoGarden - Request for Proposals 10 3. Preliminary Master Plan for Roosevelt Park City Manager submitting the preliminary Master Plan for re-development of Roosevelt Park and requesting City Council review and comments. Suggested Disposition: Receive and File; Council Park - MVM Memo Park - Staff MemoPark - Drawing 4. Loras College Usage Agreement City Manager recommending approval to negotiate a Usage Agreement with Loras College for the use of Petrakis Park. Suggested Disposition: Receive and File; Approve Loras - MVM MemoLoras - Staff Memo Loras - Usage Agreement 5. Usage Agreement with Clarke College City Manager recommending approval to negotiate a Usage Agreement with Clarke College for the use of Veterans’ Memorial Park Field #2. Suggested Disposition: Receive and File; Approve Clarke - MVM MemoClarke - Staff Memo Clarke - Usage Agreement 6. I-Jobs Affordable Housing Program Assistance Grant Application City Manager recommending approval of an I-Jobs Affordable Housing Assistance Grant application to the Iowa Finance Authority for the Historic Washington Neighborhood Rowhouse Project. RESOLUTION Approving an I-Jobs Affordable Housing Program Assistance Grant Application to the Iowa Finance Authority for the Historic Washington Neighborhood Rowhouse Project Suggested Disposition: Receive and File; Adopt Resolution I-Jobs - MVM MemoI-Jobs - Staff MemoI-Jobs - Resolution 11 7. Safe Community Task Force City Manager transmitting an update on the progress of the Safe Community Task Force. Suggested Disposition: Receive and File Task Force - Staff Neighborhood Mgmt of Physical Research and FactsEnforcement Task Force - MVM MemoEngagementEnvironment Memo 8. Shot Tower Rehabilitation Project – Phase I City Manager recommending award of the contract for the Shot Tower Rehabilitation Project – Phase I to Klauer Construction Co. in the base bid amount of $520,400.00. RESOLUTION Awarding public improvement contract for the Shot Tower Rehabilitation Project – Phase I Suggested Disposition: Receive and File; Adopt Resolution Shot Tower - MVM Shot Tower - Staff Shot Tower - Shot Tower - Bid Tab MemoMemo Resolution 9. Federal Legislative Priorities City Manager recommending approval of the City’s 2010 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve Priorities - MVM Legislative Priorities Memo 10. Fiscal Year 2011 Budget Policy Guidelines City Manager recommending approval of the Budget Policy Guidelines for Fiscal Year 2011. Suggested Disposition: Receive and File; Approve Guidelines - MVM Guidelines - Staff Policy Guidelines MemoMemo COUNCIL MEMBER REPORTS 12 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 December 17, 2009 13