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2 1 10 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 2/1/10 VOETBERG BRAIG BUOL CONNORS JONES LYNCH RESNICK CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, FEBRUARY 1, 2010 PLEDGE OF ALLEGIANCE INVOCATION Reverend Nancy Bickel, First Congregational UCC PROCLAMATIONS Congenital Heart Defect Awareness Week (February 7-14, 2010) Scouting Day (February 7, 2010) Congenital Heart Scouting Day Defects Awareness 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 1/19; Community Development Advisory Commission of 1/6; Housing Commission of 11/24 and 12/4; Historic Preservation Commission of 1/14; Human Rights Commission of 11/9; Park and Recreation Commission of 1/12 Proof of publication of City Council Proceedings of January 4, 2010 Substance Abuse Services Center Second Quarter Report Suggested Disposition: Receive and File City CouncilComm Dev Advisory Housing Commission Housing Commission Human Rights Park and Rec Commissionof 11/24of 12/4CommissionCommission SASC Report 2. Notice of Claims/Suits Lester C. Leubka for property 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: Vicky Fuller for vehicle damage; Tschiggfrie Excavating Company for loss of revenue Suggested Disposition: Receive and File; Concur Claims - ICAP 3. Worker’s Compensation Claims Administrative Services City Manager recommending approval of the Agreement between the City of Dubuque and Alternative Services Concepts (ASC) for services related to the administration of the City’s Worker’s Compensation Program. Suggested Disposition: Receive and File; Approve Worker's Comp - Worker's Comp - Worker's Comp - Contract MVM MemoStaff Memo 2 4. Bi-Linqual Trail Signage City Manager recommending approval of the recommended designs and specifications for the Bi-Lingual Trail Signage Project and authorization to begin the informal bidding process. Suggested Disposition: Receive and File; Approve Signage - MVM MemoSignage - Staff Signage - Trail Bi-Linqual Trail MemoSystem MapSignage Drawings 5. LK Development and Storage, LLC City Manager recommending that the request from Attorney Brian Kane on behalf of LK Development and Storage, LLC relative to property at 3040 Elm Street be referred to the Historic Preservation Commission. Suggested Disposition: Receive and File; Refer to Historic Preservation Commission LK Development - LK Development - LK Development - Conservation District LK Development - MVM MemoStaff MemoKane LtrMapPhoto 6. Kerper Boulevard Storm Sewer Improvements Project City Manager recommending acceptance of the Kerper Boulevard Storm Sewer Improvements Project as completed by McDermott Excavating Co., in the final contract amount of $75,489.53. RESOLUTION Accepting the Kerper Boulevard Storm Sewer Improvements Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Kerper - Close Out Kerper - MVM MemoKerper - Staff MemoKerper - Resolution Form 7. Clarke Drive Sanitary Sewer Repair Project City Manager recommending acceptance of the Clarke Drive Sanitary Sewer Repair Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $22,431.68. RESOLUTION Accepting the Clarke Drive Sanitary Sewer Repair Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 3 Clarke Dr - Close Out Clarke Dr - MVM Clarke Dr - Staff Clarke Dr - Form MemoMemoResolution 8. Ingress and Egress Easement – Cedar Ridge Farm Place No. 5 City Manager recommending acceptance of an ingress and egress easement over Lot 1 of Cedar Ridge Farm Place No. 5 to maintain existing detention facilities. RESOLUTION Accepting an ingress and egress easement for repair and maintenance of existing stormwater detention facilities in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ingress / Egress Cedar Ridge - Vicinity Cedar Ridge - MVM Cedar Ridge - Staff Cedar Ridge - EasementMap MemoMemoResolution 9. 2009 Sidewalk Assessment Program City Manager recommending approval of the final schedule of assessments for the 2009 Sidewalk Assessment Program. RESOLUTION Adopting the final assessment schedule for the 2009 Sidewalk Assessment Program Suggested Disposition: Receive and File; Adopt Resolution 2009 Sidewalk - MVM 2009 Sidewalk - Staff 2009 Sidewalk - 2009 Sidewalk - MemoMemoResolutionAssessments 10. Quarterly Investment Report City Manager transmitting the December 31, 2009 Quarterly Investment Report. Suggested Disposition: Receive and File Report - MVM MemoReport - Staff MemoCash, Investments & Schedule of City Monthly Investment Schedule of Accrued Earnings SummaryFundsSummaryInterest 11. Acquisition of Property at 250 South Main Street City Manager recommending approval of the acquisition of property at 250 South Main Street and execution of an Offer to Buy and Deferred Payment Plan Agreement between the City and the Iowa Department of Transportation. Suggested Disposition: Receive and File; Approve 4 Acquistion - MVM Acquisition - Staff Acquisition - Offer to Acquisition - Location MemoMemoBuyMaps 12. 40 Main LLC Collateral Assignment City Manager recommending approval of the Collateral Assignment of Contract between Premier Bank and 40 Main, LLC. RESOLUTION Approving a Collateral Assignment of Contract between Premier Bank and 40 Main, LLC Suggested Disposition: Receive and File; Adopt Resolution 40 Main - Staff Memo40 Main - Resolution Assignment of 40 Main - MVM Memo Contract 13. Dubuque County H1N1 Subcontract City Manager recommending approval of a contract with the Dubuque County Health Department for services related to the H1N1 pandemic response. Suggested Disposition: Receive and File; Approve H1N1 - Staff MemoH1N1 - Subcontract H1N1 - MVM Memo 14. Federal Emergency Management Agency (FEMA) City Manager recommending approval of a proposed response letter to the December 30, 2009 Federal Emergency Management Agency (FEMA) letter transmitting FEMA’s revised preliminary Digital Flood Insurance Rate Map (DFIRM). Suggested Disposition: Receive and File FEMA - MVM MemoFEMA - Staff MemoFEMA - Response LtrFEMA - 12 30 09 LtrCity Letters to FEMA 15. Petition Iowa Utilities Board for Amendment of Rule City Manager recommending approval to file a petition before the Iowa Utilities Board in an attempt to restore the City’s municipal cable franchise with Mediacom. Suggested Disposition: Receive and File; Approve 5 Petition - MVM MemoPetition - Staff MemoPetition for Amendment of Rule th 16. City Council Referral – Snow Route in East 24 Street Area th City Manager recommending approval of a request that East 24 Street be added to the odd/even snow route. Suggested Disposition: Receive and File; Approve Snow Route - Staff Snow Route - Snow Route - MVM MemoPetition Memo 17. Walkway Project – Northeast Iowa Community College City Manager recommending acceptance of the Walkway Project between the Iowa Street Parking Ramp and Northeast Iowa Community College, as completed by Portzen Construction, Inc., in the final contract amount of $68,027.47. RESOLUTION Accepting the Walkway Project between the Iowa Street Parking Ramp and Northeast Iowa Community College and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Walkway - Staff Walkway - Walkway - MVM MemoResolution Memo 18. Digital Flood Insurance Rate Map (DFIRM) Communication from Senator Charles regarding the Digital Flood Insurance Rate Map (DFIRM). Suggested Disposition: Receive and File Grassley Ltr 19. Intercultural Competency Report City Manager transmitting the 2008 – 2009 Intercultural Competency Report. Suggested Disposition: Receive and File 6 ICC Annual Report 20. 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 - Staff Accounts - Accounts - Tax Lien Accounts - MVM MemoResolutionList Memo 21. Stipulation of Settlement – Property Tax Appeal City Attorney recommending approval of the Stipulation of Settlement for the Hansel property tax appeal which relates to a vacant lot on Cedar Cross Road and Lake Ridge Drive. Suggested Disposition: Receive and File; Approve Tax Appeal - BAL Stipulation of Notice of Voluntary Conference Board MemoSettlementSettlementLtr 22. House File 132 – Annexation of Public Land City Manager providing the Planning Services staff’s position on proposed House File 132 regarding annexation of public land. Communication to State Legislators encouraging their opposition to House File 132 regarding annexation of public land. Suggested Disposition: Receive and File HF 132 - MVM MemoHF 132 - Staff MemoHF 132 HF 132 Correspondence 7 23. National League of Cities Communication to Mayor Roy Buol regarding the next steps for the National League of Cities Disconnected Youth Economic Recovery Technical Assistance. Suggested Disposition: Receive and File NLC Communication 24. AmeriCorps VISTA City Manager recommending approval of a Memorandum of Agreement with the Iowa Commission on Volunteer Services to place a full-time AmeriCorps VISTA position in the Sustainability office from November 2009 through November 2010. Suggested Disposition: Receive and File; Approve VISTA - MVM MemoVISTA - Staff MemoVISTA - Agreement 25. 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 Hartig Drug #8, Awn Stop Mart, Big 10 Mart and Puff n Snuff RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Northside Bar, Bootleggers Pub, The Clubhouse, Town Clock Inn and Dubuque Mining Company; a Special Class “C” Liquor License to Pusateris; a Class “E” Liquor License to Puff n Snuff; a Class “B” Wine Permit to Hartig Drug #8 and Puff n Snuff; and a Class “B” (WBN) Native Wine Permit to Cedar Cross Amoco and Big 10 Mart Suggested Disposition: Receive and File; Adopt Resolutions Renewals - Staff Resolution #1Resolution #2 Memo 8 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Electric and Gas Franchise Fee Revenue City Manager recommending adoption of resolutions approving the Revenue Purpose Statements for the use or expenditure of electric and gas franchise fee revenues from the sale of electricity and gas by Alliant Energy, Black Hills Energy Corporation and and Maquoketa Valley Electric Cooperative within the City of Dubuque recommending adoption of resolutions setting a public hearing for February 15, 2010 to consider ordinances increasing the franchise fee under the City’s Electric and Gas Franchises with Alliant Energy, Black Hills Energy and Maquoketa Valley Electric Cooperative from two percent to three percent. RESOLUTION Approving a Revenue Purpose Statement for the use or expenditure of electric and gas franchise fee revenues from the sale of electricity by Alliant Energy within the City of Dubuque RESOLUTION Approving a Revenue Purpose Statement for the use or expenditure of gas franchise fee revenues from the sale of gas by Black Hills Energy Corporation within the City of Dubuque RESOLUTION Approving a Revenue Purpose Statement for the use or expenditure of electric franchise fee revenues from the sale of electricity by Maquoketa Valley Electric Cooperative within the City of Dubuque RESOLUTION Setting a public hearing on a proposed ordinance increasing the franchise fee under the City’s Electric Franchise with Alliant Energy from 2% to 3% on the sale of electricity within the City of Dubuque RESOLUTION Setting a public hearing on a proposed ordinance increasing the franchise fee under the City’s Gas Franchise with Black Hills Energy from 2% to 3% on the sale of electricity within the City of Dubuque RESOLUTION Setting a public hearing on a proposed ordinance increasing the franchise fee under the City’s Electric Franchise with Maquoketa Valley Electric Cooperative from 2% to 3% on the sale of electricity within the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/15/10 Revenue - MVM Revenue - Staff Purpose Statement - Set Hearing - MemoMemoResolutionsResolutions 9 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. Community Development Advisory Commission Three 3-year terms through February 15, 2013 (Low/Moderate Income Term of Caldwell and At-Large Term of Maloy) Applicants: Theresa Caldwell, 1633 Elm Street – Low/Moderate Income Area Paula Maloy, SVM, 2950 Kaufmann Avenue – At-Large Appointments to the following Boards/Commissions: Long Range Planning Advisory Commission One 3-year term through July 1, 2012 (Term of Stein) Applicants: Bryan Clark, 455 Moore Heights Lou Oswald, 1080 Nowata Street John Pregler, 1525 Pego Court Board / Commission Overview SheetCommunity Dev Long Range Planning ListAdvisory AppsApps 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. Text Amendment – C-5 Central Business District Sign Regulations Proof of publication on notice of public hearing to consider a text amendment to the Unified Development Code regarding the addition of freestanding identification signs thth from 4 Street to 5 Street along either side of Main Street as requested by Norm Granback, Holiday Inn Dubuque, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District and adopting a new Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to the thth addition of Freestanding Identification Signs from 4 to 5 Streets along either side of Main Street Suggested Disposition: Receive and File; Motion B; Motion A 10 Amendment - ZAC Amendment - Amendment - Sign Amendment - Staff Amendment - Amendment - Exhibit LtrApplicationRenderingMemoOrdinanceA Suggested Motion 2. Water Revenue Capital Loan Notes Proof of publication on notice of hearing to consider the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution Loan Notes - MVM Loan Notes - Staff Loan Notes - MemoMemoResolution Material from January 19, 2010 City Council Meeting Loan Notes - Staff Loan Notes - MVM Loan Notes - Bill Noth Ltr Memo MemoResolution 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. Police Chief Appointment City Manager recommending approval of the selection of Mark Dalsing as the next Chief of Police for the City of Dubuque. Suggested Disposition: Receive and File; Approve Police Chief - MVM Police Chief - Dalsing Police Chief Police Chief Police Chief Job MemoApplicationInterview ItineraryInterview QuestionsDescription 11 2. Swearing In of Police Chief Mark Dalsing 3. Greater Dubuque Development Corporation Rick Dickinson, Executive Director – Greater Dubuque Development Corporation, to provide a verbal update on the activities of the Greater Dubuque Development Corporation and Dubuque Works. Suggested Disposition: Receive and File Dubuque Works Successes 2009 4. Request to Address the City Council – Mark J. Gilligan Request of Mark J. Gilligan, 1575 Earl Drive, to address the City Council regarding the accumulation of ice on the corner of Earl Drive and Pennsylvania Avenue. Suggested Disposition: Receive and File; Council Gilligan Ltr / PetitionGilligan - Photos 5. Request to Address the City Council – Sandy Amberg Request of Sandy Amberg, 80 Croydon Crest, to address the City Council regarding expense, safety and sustainability of adding fluoride to City water. Response to Ms. Amberg’s concerns regarding the City’s water supply having fluoride. Suggested Disposition: Receive and File; Council Amberg RequestFluoride - City's Response 6. Tobacco and Alcohol Compliance – Civil Penalty Hearing Assistant City Attorney Crenna Brumwell to conduct a civil penalty hearing on the third tobacco compliance violation and the second alcohol compliance violation by Road Ranger, 2175 Central Avenue. Suggested Disposition: Receive and File; Conduct Hearing; Council Material from January 4, 2010 City Council Meeting 12 Tobacco - MVM Tobacco - Staff Alcohol - MVM MemoAlcohol - Staff Memo MemoMemo 7. Water Revenue Capital Loan Notes, Series 2010C City Manager recommending approval of the final proceedings providing for the issuance of $8,676,000 Water Revenue Capital Loan Notes. RESOLUTION Authorizing and providing for the issuance and securing the payment of $8,676,000 Water Revenue Capital Loan Notes, Series 2010C 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 2010C - MVM Series 2010C - Staff Series 2010C - MemoMemoResolution 8. Water and Sewer Billing Units City Manager recommending, as part of the Water Meter Change Out Project, to start billing of the water and sewer consumption in gallons versus the current cubic feet. ORDINANCE Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential, Commercial, Industrial and All Other Uses ORDINANCE Amending City of Dubuque Code of Ordinances Section 13-2C-3(B) Establishing the Schedule of Rates for Residential and Commercial Sewer Users by increasing the rates; and amending Section 13-2C-3(C)(7) Establishing the Minimum Service Charge by increasing the minimum service charge Suggested Disposition: Receive and File; Motion B; Motion A Billing Units - Staff Billling Units - Billing Units - MVM Suggested Motion MemoOrdinances Memo 9. Transit Management – Request for Proposals City Manager recommending approval of the Request for Proposals (RFP) for Transit Management services. Suggested Disposition: Receive and File; Approve 13 Transit Mgmt - MVM Transit Mgmt - Staff Transit Mgmt - RFP MemoMemo 10. City of Dubuque Parking Ramp City Manager recommending approval of the proposed design for the parking ramp to th be located at 10 Street and Central Avenue. Historic Preservation Commission recommending approval of the design of the City of th Dubuque Parking Ramp to be located at 10 and Central. Suggested Disposition: Receive and File; Approve Parking Ramp - MVM Parking Ramp - Staff Parking Ramp - MemoMemoRenderings Parking Ramp - HPC Parking Ramp - Staff Parking Ramp - PlansParking Ramp - Archetectural LtrReportStraka Johnson NotesGuidelines 11. Dubuque Water Trail Grant Agreement City Manager recommending approval of a grant agreement with the Iowa Department of Natural Resources for $6,000 in Iowa Water Trail funding for the Dubuque Water Trail Project. RESOLUTION Approving an agreement for Iowa Water Trail funding with the Iowa Department of Natural Resources for the Dubuque Water Trail Suggested Disposition: Receive and File; Adopt Resolution Water Trail - MVM Water Trail - Staff Water Trail - Water Trail - Water Trail - Access MemoMemoResolutionAgreementPoint Map 12. Automated Agenda Management Software City Manager recommending approval of the selection of Novus Systems to provide automated agenda management software. Suggested Disposition: Receive and File; Approve Agenda - MVM MemoAgenda - Staff MemoSummary of Vendor Costs 14 13. Safe Community Task Force Recommendations City Manager recommending adoption of the first set of recommendations from the Safe Community Task Force. Suggested Disposition: Receive and File; Approve Safe Community - Safe Community - MVM MemoStaff Memo 14. Energy Efficiency and Conservation Block Grant (EECBG ) City Manager recommending approval of the Energy Efficiency and Conservation Strategy for the $574,700 EECBG funds the City received as a formula allocation through the American Recovery and Reinvestment Act (Stimulus Package). Suggested Disposition: Receive and File; Approve EECBG - MVM MemoEECBG - Staff MemoEECBG Application 15. Cell Phone Ordinance City Attorney submitting a proposed cell phone ordinance. The New York Times article “Driven to Distraction” submitted by City Council Member David Resnick. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 10 Miscellaneous Rules, by adding a new Section 9-10-400 Prohibiting the Use of Electronic Communications Devices While Drive a Motor Vehicle Suggested Disposition: Receive and File; Council Direction Ordinance - BAL Cell Phone OrdinanceBackground Driven to Distraction MemoInformationArticle 16. Fiscal Year 2011 Operating Budget and Capital Improvement Program City Manager submitting the Fiscal Year 2011 Operating Budget and Five Year Capital Improvement Program. Suggested Disposition: Receive and File Budget Transmittal Message 15 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 January 28, 2010 16