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4 19 10 Clerk's Skeleton Notes_Regular SessionCITY COUNCIL REGULAR SESSION, APRIL 19, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT: MAYO BU 4 RESNI9 , VOET,RG 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. CI CITY ATTORNEY tI BAItL)d ©�� ABSENT: G/ ? PLEDGE OF ALLEGIANCE INVOCATION Chaplain David Pacholke, Finley Hospital PROCLAMATIONS Silver Star Banner Day (May 1, 2010) /� -1: Volunteer Week (April 18 - 24, 2010) Rotary Foundation Group Study Exchange Days (April 28 - May 1, 2010) 2 CONSENT ITEMS 9yes Buol Connors Jones Lynch Resnick / ( Voetberg Braig Suggested Disposition: Receive and File; Concur 3 Nays Library Board of Trustees Update from the meeting of March 25, 2010 Proof of publication of City Council Proceedings of March 15, 2010 Suggested Disposition: Receive and File Suggested Disposition: Receive and File; Refer to City Attorney 1. Minutes and Reports Submitted Cable TV Teleprogramming Commission of 3/2; City Council of 4/5 and 4/12; Civil Service Commission of 2/24, 3/12 and 4/1; Community Development Advisory Commission of 3/3; Historic Preservation Commission of 3/18; Human Rights Commission of 3/8; Zoning Advisory Commission of 4/7; Zoning Board of Adjustment of 3/10 and 3/25 2. Notice of Claims /Suits Chiquitta Carroll for personal injury; Diane Boge for vehicle damage; Interstate Power and Light for property damage 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: Chiquitta Carroll for personal injury 3. Snow Removal and Right -of -Way Obstruction Removal Assessments City Manager recommending approval of the final assessments for snow removal and right -of -way obstruction removals. RESOLUTION 59 Adopting the final assessment schedule for the Snow Removal and Right -of -Way Obstruction Removal Assessments Suggested Disposition: Receive and File; Adopt Resolution 4. Joint Development Agreement — International Business Machines Corporation City Attorney requesting approval of the revised Joint Development Agreement and ratification of the Mayor's signature of the revised Agreement. Suggested Disposition: Receive and File; Approve 5. Plat of Survey — Southeast Corner of Pearl and Gilliam Streets Zoning Advisory Commission recommending approval of the plat of survey of the southeast corner of Pearl and Gilliam Streets as requested by Tim McDonald. RESOLUTION /cam' !/ Approving a Plat of Survey of Lot 1 -100 and Lot 2- 100 of Finley, Waples and Burton's Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 6. Plat of Survey — Westbrook Subdivision Zoning Advisory Commission recommending approval of the plat of survey of Westbrook Subdivision as requested by Joel Callahan / Buesing and Associates. RESOLUTION /61 Approving a Plat of Survey of Lot 1 -8 and Lot 2 -8 Block 3 of Westbrook Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 4 7. Final Plat — Copperhead Place No. 2 Zoning Advisory Commission recommending approval of the final plat of Copperhead Place No. 2 as requested by Blackacre Properties. RESOLUTION Approving the Final Plat of Copperhead Place No. 2 Suggested Disposition: Receive and File; Adopt Resolution 8. Funding Contract with the Iowa Department of Natural Resources City Manager recommending approval of a funding contract with the Iowa Department of Natural Resources regarding the E.B. Lyons Interpretive Center Expansion Project. RESOLUTION / 25 Approving a contract with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project Suggested Disposition: Receive and File; Adopt Resolution 9. Land and Water Conservation Fund (LWCF) Grant Agreement City Manager recommending approval of a Land and Water Conservation Fund Grant Agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project. RESOLUTION /d y Approving a Land and Water Conservation Fund Grant Agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project Suggested Disposition: Receive and File; Adopt Resolution 10. First Transit City Manager recommending approval of the formal notification of the transit management contract termination to First Transit. Suggested Disposition: Receive and File; Approve Ayes Buol Connors Jones Lynch Resnick Voetberg Braig 5 Nays 11. Hazard Mitigation Plan City Manager recommending approval of the City's Hazard Mitigation Plan update. RESOLUTION Approving and adopting the Dubuque Hazard Mitigation Plan Update Suggested Disposition: Receive and File; Adopt Resolution 12. 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 13. Dubuque Water Ski Lease City Manager recommending approval of the annual lease agreement with the Dubuque Water Ski Club. Suggested Disposition: Receive and File; Approve 14. Children's Zoo Boosters City Manager recommending approval of the lease renewal with the Dubuque Children's Zoon Boosters, Inc. for approximately ten acres of Roosevelt Park to operate the Storybook Hill Children's Zoo. Suggested Disposition: Receive and File; Approve 15. Lease Agreement with Tri -State Modelers City Manager recommending approval of the lease agreement with Tri -State Modelers for a section of Roosevelt Park. Suggested Disposition: Receive and File; Approve Ayes Buol Connors Jones Lynch Resnick Voetberg Braig 6 Nays 16. Department of the Army Communication from William T. Johnsen, Dean of Academics — Department of the Army, regarding the City Manager's attendance at the 56 Annual U.S. Army War College National Security Seminar. Suggested Disposition: Receive and File 17. National Security Breakfast Invitation from Brigadier General Tim Orr, The Adjutant General of Iowa, to attend the National Security Breakfast on Thursday, April 22, 2010 in Johnston, Iowa. Suggested Disposition: Receive and File 18. Medline Development Agreement City Manager recommending approval of an amendment to the Medline Development Agreement to extend the date for LEED Certification. RESOLUTION /07 Approving the Third Amendment to the Medline Industries, Inc. Development Agreement Suggested Disposition: Receive and File; Adopt Resolution 19. Alcohol Compliance - Civil Penalty for Alcohol License Holders City Manager recommending approval of the Acknowledgement /Settlement Agreements for a first offense alcohol compliance violation for Taiko Restaurant, Inc., Walgreen's #6154, and Chances R and it is further recommended that a civil penalty hearing be scheduled for May 3, 2010 for a second alcohol compliance violation for Lot One. Suggested Disposition: Receive and File; Approve; Hearing 5/3/10 20. Tobacco Compliance — Civil Penalty for Tobacco License Holder City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense tobacco compliance violation for Walgreen's #11942 and Walgreen's #6154 and a third offense violation for 16 Street Auto Truck Plaza. Suggested Disposition: Receive and File; Approve Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 7 21. PEG Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Tele- Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to Mediacom in the amount of $4,200 for new monitors and a combination DVD burner /printer for the public access studio control room. Suggested Disposition: Receive and File; Approve 22. Fiscal Year 2011 Community Development Block Grant Program City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. RESOLUTION / Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2011 (Program Year 2010) Suggested Disposition: Receive and File; Adopt Resolution 23. Homelessness Prevention and Rapid Re- Housing Program Amendment City Manager recommending approval of the Amendment to the Project Concern, Inc. Agreement for the Homelessness Prevention and Rapid Re- Housing Program (HPRP). Suggested Disposition: Receive and File; Approve 24. Mediacom Communication from Lee Grassley, Mediacom Senior Manager — Government Relations, notifying the City of upcoming channel changes. Suggested Disposition: Receive and File 25. Environmental Stewardship Advisory Commission Communication from Wayne Klostermann, Chair — Environmental Stewardship Advisory Commission, regarding fundraising car washes and stormwater management. Suggested Disposition: Receive and File; Refer to City Manager 9 Ves Buol / Connors / / Jones / Lynch Resnick Voetberg (� Braig 8 Nays 26. E.B. Lyons Interpretive Center Expansion Project - Exhibits Grant Match City Manager recommending approval to provide $25,000 in additional City funds as part of the local match for a $150,000 federal grant for the Mines of Spain Exhibit and Education Program at the E.B. Lyons. Suggested Disposition: Receive and File 27. Signed Contracts -- Storm Sewer Improvements — South Main and Jones Streets Suggested Disposition: Receive and File 28. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class "A" Liquor License to the Loyal Order of the Moose Lodge; and a Class "C" Beer /Liquor License to Marco's Italian Food, West Dubuque Tap, Lot One, The Hub and Loras College Campus Suggested Disposition: Receive and File; Adopt Resolutions 29. Bunker Hill Underground Storage Tank — Administrative Consent Order City Manager recommending approval of the Iowa Department of Natural Resources Administrative Consent Order regarding the Bunker Hill underground storage tank. Suggested Disposition: Receive and File; Approve 30. Multicultural Family Center City Manager recommending that the Multicultural Family Center Assistant Director position be increased from twenty (20) hours per week to thirty (30) hours per week. Suggested Disposition: Receive and File; Approve 31. Wireless Water Meter Agreements City Manager recommending approval of the Wireless Water Meter Agreements with ommunity c .. _ _ .: :: - - .. - _ :. nd Suggested Disposition: Rece a and File; = • • rove Ayes Buol Connors Jones Lynch Resnick Voetberg Braig 9 Nays ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 10 e Buol Connors Jones Lynch Resnick Voetberg ,j Braig Nays 1. Dubuque Terminals, Inc. (Newt) Lease City Manager recommending that a public hearing be set for May 4, 2010 to consider on proposed leases with Dubuque Terminals, Inc. for the Ice Harbor and Dove Harbor areas. RESOLUTION //O Of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corporation (the Dove Harbor Lease) RESOLUTION /1 / Of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corporation (the Ice Harbor Lease) Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/3/10 2. Lower Bee Branch Creek Restoration Project City Manager recommending initiation of the public bidding process for the Lower Bee Branch Creek Restoration Project and that a public hearing be set for May 3, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION //c,.2-/ Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Lower Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/3/10 3. Asbury Road and IA 32 Traffic Signal and Grading Project City Manager recommending initiation of the public bidding process for the Asbury Road and IA 32 Traffic Signal and Grading Project and that a public hearing be set for May 3, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION /j. Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Asbury Road and IA 32 Traffic Signal and Grading Project. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/3/10 11 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. Housing Commission One 3 -year term through August 17, 2012 (Term of Plein) Applicant: Lisa McAllister, 1701 '/2 Central Avenue ,. Mechanical Board One 3 -year term through March 16, 2013 (Term of Bandy) Applicant: Ronald Billmeyer, 1745 Geraldine Drive 12 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 Buol Connors Jones Lynch Resnick // j Voetberg Braig 1. Fiscal Year 2011 — 2015 Consolidated Plan and Analysis of Impediments to Fair Housing Proof of publication on notice of public hearing to consider the Fiscal Year 2011 — 2015 Consolidated Plan and Analysis of Impediments to Fair Housing and City Manager recommending approval. RESOLUTION // Adopting the Fiscal Year 2011 — 2015 Consolidated Plan for Housing and Community Development; authorizing the Mayor to execute said plan and all necessary certifications; designating the City Manager as the authorized Chief Executive Officer for the Consolidated Plan; and directing that said plan be submitted to the U.S. Department of Housing and Urban Development RESOLUTION /V5 Approving the Analysis of Impediments to Fair Housing Suggested Disposition: Receive and File; Adopt Resolutions Aye J/ Buol onnors Jones Lynch / Resnick Voetberg Braig Nays Nays 2. HHH Enterprises of Dubuque, Inc. Proof of publication on notice of public hearing to consider a lease agreement with HHH Enterprises of Dubuque, Inc. to operate and maintain a restaurant deck and beer garden at 180 Main Street and City Manager recommending approval. RESOLUTION / � Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque and HHH Enterprises of Dubuque, Inc. Suggested Disposition: Receive and File; Adopt Resolution Ayes Buol Connors ,/ Jones / Lynch Resnick Voetberg Braig 14 Nays 3. Fiscal Year 2010 Second Budget Amendment Proof of publication on notice of public hearing to consider the second amendment to the Fiscal Year 2010 Budget and City Manager recommending approval. RESOLUTION // 1 Approving Amendment No. 2 to the Fiscal Year 2010 i / Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Ayes ,// Buol // Connors / Jones / Lynch t Resnick Voetberg Braig 4. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project and City Manager recommending approval RESOLUTION // d Approving plans, specifications, form of contract, and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project Suggested Disposition: Receive and File; Adopt Resolution Ayes Buol Connors ones Lynch Resnick Voetberg Braig 15 Nays Nays 5. Water Pollution Control Plant Upgrade Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Water Pollution Control Plant Upgrade Project and City Manager recommending approval. RESOLUTION /19 Approving plans, specifications, form of contract, and estimated cost for the Water Pollution Control Plant Upgrade Project. Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES This action limits discussion to the City Council. Ayers / Buol J Connors 1 / Jones J Lynch / Resnick � � oetberg raig 16 Buol Connors Jones Lynch ;Resnick oetberg Braig Nays Nays 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. Preliminary Plat — Orchard Park Subdivision Zoning Advisory Commission recommending approval of the preliminary plat of Orchard Park Subdivision. Request of Merrill Crawford, 2110 Jonathan Lane, to address the City Council regarding the preliminary plat for Orchard Park Subdivision. Communications from Mr. and Mrs. Kenneth Kublie, Mr. and Mrs. Robert Schute, Edwin A. and Patricia A. Frick, Mary L. Kretz, John and Nancy Ferry, Donald P. Ruefer, James and Jen Hoppman, Victoria R. Ruefer and Molly and Mike Schumacher in opposition to the proposed subdivision. Suggested Disposition: Receive and File; Approve Ades 17 Nays Buol Connors Jones Lynch Resnick Voetberg Braig Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 2. Request for Letter of Support for Dubuque Senior Apartments Project City Manager recommending approval of a letter of support for the 3 Diamond Development's proposed affordable housing project, Dubuque Senior Apartments, to be located west of the intersection of Sylvan and Bies Drives. Suggested Disposition: Receive and File; Approve Ayes / / Buol / Connors Jones / / Lynch ✓ Resnick � Voetberg raig 3. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Roshek Brothers Department Store at 250 West 8 Street has been listed in the National Register of Historic Places effective March 17, 2010. Suggested Disposition: Receive and File Ay /7 Buol Connors Jones Lynch Resnick � oa raig 18 Nays :i1)/ Nays 4. Assistance Pool to Encourage Residential Housing in Downtown City Manager recommending approval to issue a Request for Proposals for a second round of applications to the Downtown Housing Incentive Program and it is further recommended that the City modify its policy to allow payment of grants associated with the Downtown Rehabilitation Loan Program to projects as they are completed and as soon as funds are available. RESOLUTION /20 Authorizing the City Manager to solicit proposals for projects to encourage market -rate downtown rental and owner - occupied residential units in the Greater Dubuque Downtown Urban Renewal District and approve changes to the Downtown Rehabilitation Loan Program Suggested Disposition: Receive and File; Adopt Resolution Ayres /j Buol Connors ones Lynch Resnick oetberg Braig 19 Nays 5 ; (d 5. Problem Property Maintenance Task Force City Manager recommending approval of amendments to Title 13, Chapter 6 Solid Waste; and Title 6, Chapter 6 Housing Regulations of the Code of Ordinances and increasing the annual licensing fee for vacant properties from $200 to $300. ORDINANCE Amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13 -6 -1 Definitions of the City of Dubuque Code of Ordinances by adding a definition for container; Section 13 -6 -3 Container Requirements; Collection Restrictions by adding definitions for garbage bags, oversized rigid solid waste containers, and solid waste carts; amending Article A City or Private Collection Service by amending Section 13 -6a -4 Placement of Containers for Collection, Subsections A, C, D, and E and adopting a new Subsection F; and Amending Section 13 -6a -6 Rates and Charges Established; Exceptions, Subsection D ORDINANCE e72 '7 Amending Title 6 Health, Housing, Sanitation and Environment, Chapter 6, Housing Regulations of the City of Dubuque Code of Ordinances, by repealing Section 6 -6 -4 A.3. Notice of Violation; Order of Compliance, and adopting in lieu thereof a new Section 6 -6 -4 A.3; by amending Section 6 -6 -5 Enforcement of Order of City Manager by deleting Paragraph (4); and by repealing Section 6 -6 -9 F.1. Extension of Time, and adopting in lieu thereof a new Section 6 -6 -9 F.1 RESOLUTION /2/ Approving an increase in the license fee for vacant and abandoned buildings Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution Suspend the Readings Buol Connors Jones Lynch Resnick Voetberg Braig 20 Final Reading and Adopt Nays '�$' A Buol ) Connors Jones Lynch !Resnick Voetberg Braig 6. Law Enforcement Explorer Post City Manager recommending approval of a partnership between the Dubuque Police Department and the Northeast Iowa Council of the Boy Scouts of America (BSA) for the formation of a Law Enforcement Explorer post. Suggested Disposition: Receive and File; Approve yes / Buol // Connors / /) Jones / / Lynch Resnick / Voetberg Braig Nays 7. Southwest Arterial — Iowa Department of Transportation Funding Agreement City Manager recommending approval of the execution of the Iowa Department of Transportation (Iowa DOT) Federal Aid Funding Agreement (Agreement No. 2009 -E- 275) for development of the Southwest Arterial Project. RESOLUTION /,2,1 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 2009 -E -275) for the development of the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution Buol / / Connors 7 / Jones / Lynch // i Resnick / / Voetberg / / Braig 21 Nays 8. Federal Emergency Management Agency (FEMA) City Manager transmitting the issues and errors identified by City staff with the preliminary Digitized Flood Insurance Rate Map (DFIRM) and citizen comments and requesting that FEMA respond in writing. Suggested Disposition: Receive and File; Approve Motion to adjourn at JJ 22 Ay Buol ) Connors Jones Lynch // Resnick rg Braig COUNCIL MEMBER REPORTS PUBLIC INPUT Nays 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. / ,-A i I I I \ \ u 1 27,6e.Ze 4i �/ // \ N r � I r N � � \ I J \ � t 6 C \ . i k .' k _eef