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9 20 10 City Council Agenda without Icons ROLL CALL ORDER FOR MEETING OF 9/20/10 VOETBERG BRAIG BUOL CONNORS JONES LYNCH RESNICK CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:00 P.M. – NEW FIRE TRUCK AVAILABLE FOR VIEWING 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, SEPTEMBER 20, 2010 PLEDGE OF ALLEGIANCE INVOCATION Sister Dolores McHugh, BVM, Sisters of Charity of the Blessed Virgin Mary PROCLAMATIONS Constitution Week (September 17 – 23, 2010) Crop Walk Day in Dubuque (October 3, 2010) Arts and Humanities Month (October 2010) Make a Will Month (October 2010) 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 Airport Commission of 8/2 and 8/16; Arts and Cultural Affairs Advisory Commission of 7/27; Cable Community Teleprogramming Commission of 8/26; City Council of 9/7; Environmental Stewardship Advisory Commission of 9/7; Park and Recreation Commission of 8/10; Transit Board of Trustees of 8/12; Zoning Advisory Commission of 9/1; Zoning Board of Adjustment of 8/26 Proof of publication of the List of Claims and Summary of Revenues for month ended July 3,1 2010 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Susan M. Schetgen for personal injury; Uneka Lewis vs. City of Dubuque, et al 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: Micah Mork for property damage/vehicle damage; Susan Schetgen for personal injury; Brandon Priem for property damage Suggested Disposition: Receive and File; Concur 3. Montrose Terrace Stairs Reconstruction Project City Manager recommending acceptance of the Montrose Terrance Stairs Reconstruction Project as completed by Max Smith Construction in the final contract amount of $46,880.80. RESOLUTION Accepting the Montrose Terrance Stairs Reconstruction Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 4. McAleece Parking Lot Reconstruction Project City Manager recommending acceptance of the McAleece Parking Lot Reconstruction Project as completed by River City Paving in the final contract amount of $233,866.45. RESOLUTION Accepting the McAleece Parking Lot Reconstruction Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution thth 5. Utility Relocation Project – 9 to 10 Street on Central Avenue thth City Manager recommending acceptance of the Utility Relocation Project – 9 to 10 Street on Central Avenue as completed by Top Grade Excavating, Inc., in the final contract amount of $727,373.48. thth RESOLUTION Accepting the Utility Relocation Project – 9 to 10 Street on Central Avenue and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 6. Historic White Water Creek Bridge Relocation Project – Phase I City Manager recommending acceptance of the Historic White Water Creek Bridge Relocation Project – Phase I as completed by Goodwin House Moving, Inc., in the final contract amount of $19,500. 2 RESOLUTION Accepting the White Water Creek Bridge Relocation Project – Phase I and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 7. Historic White Water Creek Bridge Relocation Project – Phase II City Manager recommending acceptance of the White Water Creek Bridge Relocation Project – Phase II as completed by Heiar Painting Company in the final contract amount of $54,860. RESOLUTION Accepting the White Water Creek Bridge Relocation Project – Phase II and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 8. Southwest Arterial Project – Consultant Professional Services – Supplemental Agreement City Manager recommending approval of the execution of the Consultant Professional Services – Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project, subject to the concurrence of the Iowa Department of Transportation. RESOLUTION Approving the Consultant Professional Services – Supplemental Agreement No. 5 with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project Suggested Disposition: Receive and File; Adopt Resolution 9. US 151/61 Twin Valley and Maquoketa Drive Safety Improvements City Manager recommending approval of the issuance of a Request for Proposals (RFP) for consultant services regarding the US 151/61 Twin Valley and Maquoketa Drive Safety Improvements Project. Suggested Disposition: Receive and File; Approve 10. Structural/Stability Analysis of the Dubuque Levee and Floodwall System City Manager recommending approval of the selection of GEI Consultants to provide a structural/stability analysis of the Dubuque levee and floodwall system. Suggested Disposition: Receive and File; Approve 11. Safe Routes to School Program Funding City Manager recommending approval of the submission of an application to the Iowa Department of Transportation for a $69,308 Safe Routes to School Infrastructure Grant. RESOLUTION Authorizing the filing of an application with the Iowa Department of Transportation for a Safe Routes to School Infrastructure Grant Funding for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 3 12. Five Points Traffic Signal Reconstruction Project City Manager recommending that the bids received for the Five Points Traffic Signal Reconstruction Project be rejected. RESOLUTION Rejecting all competitive bids received for the Five Points Traffic Signal Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution 13. Arts and Economic Prosperity IV Study City Manager recommending approval of an agreement with Americans for the Arts to conduct an Arts Economic Impact Study in Dubuque. Suggested Disposition: Receive and File; Approve 14. Smart Planning Grant Application City Manager recommending approval of a letter of support to the Rebuild Iowa Office for a joint Smart Planning Local Comprehensive Planning Grant Application. RESOLUTION Authorizing Smart Planning Grant Application Suggested Disposition: Receive and File; Adopt Resolution 15. Authorizing Resolutions for Federal Transit Administration (FTA) Applications City Manager recommending approval of a corrected Authorization Resolution for FTA Applications 2010 which is necessary for the Federal Transit Authority to release KeyLine Transit’s federal funding. RESOLUTION Authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 48 U.S.C. Chapter 53, Title 23 United States Code and other federal statutes administered by the Federal Transit Administration Suggested Disposition: Receive and File; Adopt Resolution 16. 2010 Justice Assistance Grant (JAG) City Manager recommending acceptance of the 2010 Justice Assistance Grant (JAG) in the amount of $85,521. Suggested Disposition: Receive and File; Approve 17. Consolidated Annual Performance and Evaluation Report (CAPER) City Manager recommending approval of the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to the Housing and Urban Development Department for the period of July 1, 2009 through June 30, 2010. 4 RESOLUTION Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2009 and concluding June 30, 2010 Suggested Disposition: Receive and File; Adopt Resolution 18. Area Residential Care Partnership City Manager recommending approval of pursuing a Revitalize Iowa Infrastructure Program grant to help fund a west side Keyline transfer center in partnership with Area Residential Care. Suggested Disposition: Receive and File; Approve 19. Washington Neighborhood / Housing Trust Fund Application City Manager recommending approval of the submission of a Housing Trust Fund Grant Application to the Iowa Finance Authority in the amount of $157,250 for continued support of homeownership activities in the Washington Neighborhood. RESOLUTION Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds Suggested Disposition: Receive and File; Adopt Resolution 20. Homelessness Prevention and Rapid Re-Housing Program City Manager transmitting the City’s response to the U.S. Department of Housing and Urban Development regarding three areas of improvement noted in the recent evaluation of the City’s Homelessness Prevention and Rapid Re-Housing Program. Suggested Disposition: Receive and File 21. Dubuque County Board of Supervisors Communication from the Dubuque County Board of Supervisors advising that a public hearing will be held on September 27, 2010 regarding a Social Host Ordinance for Dubuque County. Suggested Disposition: Receive and File 22. Alcohol Compliance – Civil Penalty for Lot One City Manager recommending acceptance of the Acknowledgement/Settlement Agreement for a second offence alcohol compliance violation for Lot One, 100 Main Street. Suggested Disposition: Receive and File; Approve 23. Airport Commission Communication from Sue Hafkemeyer advising that she is resigning from the Airport Commission. Suggested Disposition: Receive and File; Accept Resignation 5 24. Signed Contracts Canadian National Railroad Track Easement Release  USTs at Former Public Works Facility  Suggested Disposition: Receive and File 25. Liquor License Transfer Request of Rotary Club of Dubuque to transfer their liquor license to Kruse / Wartham, 600 Century Drive, on October 16, 2010. Suggested Disposition: Receive and File; Approve 26. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Chad Remakel for the Josh Ryan Benefit RESOLUTION Granting the issuance of a Class “LB” (Hotel/Motel) Beer/Liquor License to Hilton Garden Inn/Houlihan Restaurant; a Class “C” Beer/Liquor License to Fiesta Cancun, The District, Grand River Center, Red Robin, Angies’ Bar, Fat Tuesday, Grand Tap, Happy’s Place and Knicker’s Saloon (1-Day Outdoor Sale); and a Special Class “C” Liquor License (5-Day Special Event) to Dubuque Jaycees 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. Request to Annex – John Knepper City Manager recommending that a public hearing be set for October 18, 2010 to consider a request from John Knepper to voluntarily annex and rezone 2.79 acres of property on the south side of the City of Dubuque adjacent to Timber-Hyrst Subdivision. Suggested Disposition: Receive and File; Approve; Public Hearing 10/18/10 2. Request to Annex – Dubuque Metropolitan Area Solid Waste Agency City Manager recommending that a public hearing be set for November 15, 2010 to consider a request from the Dubuque Metropolitan Area Solid Waste Agency to voluntarily annex and rezone 318.25 acres of property on the west side of the City of Dubuque. Suggested Disposition: Receive and File; Approve; Public Hearing 11/15/10 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. Airport Commission One 4-year term through September 14, 2012 (Term of Czeshinski) Applicants: Dan Nicholson, 889 Walker Street Amy Wagner, 4555 Camelot Drive Environmental Stewardship Advisory Commission – Additional Applicants One 3-year term through October 1, 2013 (Term of Suarez) Applicants: Will Hoyer, 486 Clarke Drive Kenneth Miller, 195 Julien Dubuque Drive Adita Sinha, 900 South Grandview Avenue Stacy Splittstoesser, 1694 Radford Road, #18 Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission Two 3-year terms through October 1, 2013 (Terms of Buelow & Oberdoerster) Applicants: Michael Buelow, 2131 Graham Circle Chad Oberdoerster, 420 Summit Street Housing Commission One 3-year term through August 17, 2013 (Term of Eddy) Applicant: Ricardo Woods, 1535 Bluff Street Transit Advisory Board One 3-year term through July 30, 2013 (Term of Scharnau) Applicant: th Rhonda Knight, 250 W. 6 Street 7 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 – 5304 Pennsylvania Avenue Proof of publication on notice of public hearing to consider a request from Bedrock Development, LLC / McFadden Family Partnership to rezone property located at 5304 Pennsylvania Avenue from AG Agricultural District to R-3 Moderate Density Multi- Family Residential District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 5304 Pennsylvania Avenue from AG Agricultural District to R-3 Moderate Density Multi- Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 2. Request for Text Amendment Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 5 – Unified Development Code to delete Personal Services as an allowed use in the C-2A Mixed Use Neighborhood District and C-2 Neighborhood Shopping Center District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 5, Zoning Districts, to eliminate Personal Services as a permitted use in the C-2 Neighborhood Shopping Center and C-2A Mixed Use Neighborhood Districts Suggested Disposition: Receive and File; Motion B; Motion A 3. Petition to Vacate a Portion of Van Buren Street at Isborn Avenue Proof of publication on notice of public hearing to consider vacating and disposing of a portion of Van Buren Street right-of-way to David and Bambi Roth and City Manager recommending approval. RESOLUTION Approving the plat of proposed vacated portion of Van Buren Street east of Isborn Avenue RESOLUTION Vacating a portion of Van Buren Street east of Isborn Avenue RESOLUTION Disposing of City interest in Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 8 4. Bunker Hill Irrigation Renovation Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Bunker Hill Irrigation Renovation Project and City Manager recommending approval and award of the contract to Midwest Irrigation, LLC in the amount of $159,380. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Bunker Hill Irrigation Renovation Project RESOLUTION Awarding contract for the Bunker Hill Irrigation Renovation Project Suggested Disposition: Receive and File; Adopt Resolutions 5. Fiscal Year 2011 Budget – Second Amendment Proof of publication on notice of public hearing to consider the second amendment to the Fiscal Year 2011 Budget and City Manager recommending approval. RESOLUTION Amending the Fiscal Year 2011 Budget Suggested Disposition: Receive and File; Adopt Resolution 6. Sewer Revenue Capital Loan Notes Proof of publication on notice of public hearing to consider the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution 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. Implementation of Intercultural Competency Training City Manager recommending approval of a pilot training program for implementation of the Intercultural Competency Training for Board and Commission members as recommended by the Safe Community Task Force. Suggested Disposition: Receive and File; Approve 9 2. Circles Program City Manager advising that the City is going to begin implementing the Bridges Initiative, which is the umbrella concept that incorporates three programs: Bridges Out of Poverty training, Getting Ahead in a Just-Gettin’-By World training and the Circles Program, which is consistent with the Safe Community Task Force recommendation regarding a major City-wide human relations effort. 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. CLOSED SESSION Chapter 21.5(1) Code of Iowa Jeanne F. Schneider September 16, 2010 10