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2 1 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, FEBRUARY 1, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT: MAYOR E).6OL, COUNCIL MEMBERS BRAAIG, COIVNORS, JO(VES, LYNCH, RESNICK, VOETBERG CITY MANAGER VAN MILLIGEN; CITY ATTORNEY LINDAHL ABSENT: Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE INVOCATION: Reverend Nancy Bickel, First Congregational UCC PROCLAMATIONS Congenital Heart Defect Awareness Week (February 7 -14, 2010) )10 Scouting Day (February 7, 2010) ( 7 r 3 i ( 1 CONSENT ITEMS � /Ayes Nays . Voetberg / , � raig Buol Connors �� ; Jones // )Lynch Resnick 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 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 2 f f 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 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 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 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 /'c'' 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 Ayes Nays Voetberg Braig Buol Connors Jones Lynch Resnick 3 ( ( I 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 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 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 Ayes Voetberg Braig Buol Connors Jones Lynch Resnick 4 Nays ( ( I 10. Quarterly Investment Report City Manager transmitting the December 31, 2009 Quarterly Investment Report. Suggested Disposition: Receive and File 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 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 13. Dubuque County H1 N1 Subcontract City Manager recommending approval of a contract with the Dubuque County Health Department for services related to the H1 N1 pandemic response. Suggested Disposition: Receive and File; Approve 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 Ayes Voetberg Braig Buol Connors Jones Lynch Resnick 5 Nays I i 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 Med iacom. Suggested Disposition: Receive and File; Approve 16. City Council Referral — Snow Route in East 24 Street Area 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 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 7" 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 18. Digital Flood Insurance Rate Map (DFIRM) Communication from Senator Charles regarding the Digital Flood Insurance Rate Map (DFIRM). Suggested Disposition: Receive and File 19. Intercultural Competency Report City Manager transmitting the 2008 — 2009 Intercultural Competency Report. Suggested Disposition: Receive and File Ayes Nays Voetberg Braig Buol Connors Jones Lynch Resnick 6 1 I 1 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 2 5 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 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 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 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 Ayes Voetberg Braig Buol Connors Jones Lynch Resnick 7 Nays ( 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 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 2 7 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 8 Ayes Voetberg Braig Buol Connors Jones Lynch Resnick Nays ( I 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 venue 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 Maquoketa Valley Electric Cooperative within the City of Dubuque and 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 fiO 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 9 oetberg Braig Buol Connors Jones Lynch Resnick Nays t 1 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 10 Voetberg Brail Buol Connors Jones Lynch Resnick Clark Oswald / / / Pregler ✓ / / ,� // 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 10 ( 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. 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 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 y 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 hereof, pertaining to the addition of Freestanding Identification Signs from 4 to 5 Str along either side of Main Street Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Aye Nays / 7 Voetberg `/ raig / Buol 41 1 Connors ` Jones � Lynch Resnick SUSPEND THE RULES Ayes // Voetberg Braig Buol / onnors Jones ' Lynch Resnick 11 Nays Final Reading and Adopt Ayes Nayes Voetberg raig Buol Connors Jones Lynch Resnick l 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 3� 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 Aye ,/ i Voetberg ✓' Braig ✓/ Buol onnors j Jones ' Lynch Resnick REINSTATE THE RULES This action limits discussion to the City Council. Aye ' Voetberg Braig Buol / 1, Connors Jones / `" Lynch Resnick 12 Nays Nays l ( 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 2. Swearing In of Police Chief Mark Dalsing Suggested Disposition: Receive and File pies Voetberg Braig Buol Connors Jones Lynch Resnick 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. 13 ye, / Voetberg Braig Buol ()Connors / ,Jones Lynch Resnick Nays Nays w 9 ( ( 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 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 Ayes ` ✓ ,` / Voetberg raig Buol Connors Jones / ��� ynch Resnick 14 Ayes Nays Voetberg Braig Buol Connors Jones Lynch Resnick ( ( ( 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 a Ranger, 2175 Central Avenue. Suggested Disposition: Receive and File; Conduct Hearing; Council J Voetberg Braig Buol Connors ' Jones Lynch Resnick Ayes Voetberg Braig Buol Connors Jones Lynch Resnick 15 Nays Nays ( 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 J. . 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 16 Ayes Voetberg Braig Buol onnors Tones Lynch Resnick Nays ( f 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 5 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 Suspend the Readings Ayes, Voetberg Braig /,. Buol Connors Jones , Lynch Resnick Nays 17 Final Reading and Adopt Ayes Nayes n Voetberg Braig Buol Connors ,Jones y Lynch Resnick l 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 10. City of Dubuque Parking Ramp City Manager recommending approval of the proposed design for the parking ramp to be located at 10 Street and Central Avenue. Historic Preservation Commission recommending approval of the design of the City of Dubuque Parking Ramp to be located at 10 and Central. Suggested Disposition: Receive and File; Approve Ayes „ Voetberg raig Buol Connors Jones ynch Resnick oetberg Braig Buol Connors Jones Lynch Resnic i ) Nays Nays vig DVI 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 Ayes j , \ Voetberg Braig Buol Connors ,Jones / / Lynch Resnick 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 Ayes Voetberg /, Braig uol onnors 1 : Jones Lynch Resnick 19 Nays Nays ( h I 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 Ayes Voetberg / Braig Buol j Connors Jones � � Lynch esnick 20 Suggested Disposition: Receive and File; Approve 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). Ay s Nays Voetberg / / ' Braig ./ Buol / onnors ones C Lynch Resnick i d i (1 I i gl itj 0 1-- Nays ( 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. Ayes ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and ra ic, 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 Voetberg Braig Buol Connors Jones Lynch Resnick Nays Suspend the Readings Final Reading and Adopt Nays Ayes Nayes Voetberg Voetberg Braig Braig Buol Buol Connors Connors Jones Jones Lynch Lynch Resnick Resnick 21 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 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 22 Ayes „ Voetberg Braig Buol Connors Jones Lynch Resnick Nays 8 �� 6e&