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1 3 11 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 1/3/11 JONES LYNCH RESNICK VOETBERG BRAIG BUOL CONNORS CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, JANUARY 3, 2011 PLEDGE OF ALLEGIANCE INVOCATION Reverend Maria Wiblin, Hillcrest Family Services 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. Minutes and Reports Submitted 1. City Council of 12/20 and 12/21; Environmental Stewardship Advisory Commission of 12/7; Historic Preservation Commission of 12/16; Library Board of Trustees of 11/16 th Investment Oversight Advisory Commission’s 70 Quarterly Report Library Board of Trustees Update from Meeting of December 15, 2010 Proof of publication of City Council Proceedings of December 6, 2010 Suggested Disposition: Receive and File City Council - 12/20City Council - 12/21ESACHistoric PreservationLibrary BdIOAC Report Library Bd of Trustees Update 2. Notice of Claims/Suits David Klavitter 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: David Klavitter Suggested Disposition: Receive and File; Concur Claim - ICAP 3. Purchase of Property – Bee Branch Creek Restoration Project City Manager recommending approval of the purchase of a commercial property, located at 500 Rhomberg Avenue and owned by PJ’s Tap, LLC, as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate owned by PJ’s Tap, LLC in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Purchase - MVM Purchase - Staff Purchase - Purchase - Exhibit A MemoMemoResolution 4. 2010 Drain Tile Project City Manager recommending acceptance of the construction contract for the 2010 Drain Tile Project, as completed by Drew Cook & Sons Excavating, in the final contract amount of $20,272.84. RESOLUTION Accepting the 2010 Drain Tile Program and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 2 Drain Tile - MVM Drain Tile - Staff Drain Tile - Drain Tile - Close-Out MemoMemoResolutionForm 5. NAI Region 5 Awards Nomination for the Friends of the Mines of Spain City Manager recommending approval of a letter of support for the Interpretation Award Nomination for the Friends of the Mines of Spain. Suggested Disposition: Receive and File; Approve Award - MVM MemoAward - Staff Memo2011 NAI Award Award - Ltr of ApplicationSupport 6. Trees Forever Grant Application City Manager recommending approval of the submission of a $7,000 Trees Forever grant application to fund a small portion of the 485 trees planned along the lower portion of the Bee Branch Creek Restoration Project. RESOLUTION Support of Trees Forever Application for funding for the Bee Branch Creek Restoration Project Suggested Disposition: Receive and File; Adopt Resolution Trees Forever - MVM Trees Forever - Staff Trees Forever - Trees Forever - Trees Forever - MemoMemoResolutionApplicationCover Ltr 7. Westbrook Park Temporary Location Lease City Manager recommending approval of an amendment to the lease between the City and Callahan Construction, Inc. to change the location for Westbrook Park from Lots 38 and 39 to Lots 1 and 2. Suggested Disposition: Receive and File; Approve Westbrook - MVM Westbrook - Staff Westbrook - Westbrook - Map MemoMemoAmendment 8. Residency Requirement for Sister City Relationships Advisory Commission Communication from Jeffrey L. Walters submitting his application to the Sister City Relationships Advisory Commission and advising that he lives outside the City limits. Suggested Disposition: Receive and File 3 Walters' Ltr 9. Advisory Board for the National ADA Coordinator Certification Program City Manager transmitting information on the appointment of Human Rights Director Kelly Larson to the Advisory Board for the ADA Coordinator Certification Program. Suggested Disposition: Receive and File Board - MVM MemoBoard - Staff Memo 10. EMS Student Contract with NICC City Manager recommending approval to execute an Emergency Medical Services Student contract with Northeast Iowa Community College. Suggested Disposition: Receive and File; Approve EMS - Staff MemoEMS - Staff MemoEMS - NICC Contract 11. Signed Contracts -- Bee Branch Creek Restoration Project – Phase I Environmental Assessment Suggested Disposition: Receive and File Bee Branch Contract 12. 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 Company #4 and Sam’s Club #4973 RESOLUTION Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Best Western Plus Hotel and Conference Center / Champps Americana; a Class “C” Beer/Liquor License to Breezers Pub and The Lounge; and a Class “B” Wine Permit to Sam’s Club, Dubuque Religious Center and Hartig Drug #4 Suggested Disposition: Receive and File; Adopt Resolutions 4 Renewals - MVM Renewals - Staff Resolution #1Resolution #2 MemoMemo ITEM TO BE SET FOR PUBLIC HEARING This agenda item is being scheduled for a future public hearing on the date indicated. 1. Release of Easements – Lot 1 of Yiannias Place City Manager recommending that a public hearing be set for January 18, 2011 to consider a request from Brian Kane, representing Key City Investment Company, for the release of easements in Yiannias Place in the City of Dubuque. RESOLUTION Of intent to dispose of City interest in Easement “B” and Easement “D” in Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/18/11 Easements - MVM Easements - Staff Easements - Easements - Vicinity Easement - Kane Ltr MemoMemoResolutionMap 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 Code Appeals Board One 3-year term through January 11, 2014 (Term of Young) Applicant: David Young, 1572 Central Avenue Sister City Relationships Advisory Commission Setting 10 Initial Terms: Three 1-year terms through February 1, 2012 Three 2-year terms through February 1, 2013 Four 3-year terms through February 1, 2014 Applicants: Sheila Castaneda, 1014 Dunham Drive Michael Coty, 125 Bluff Street Larissa Filimonenko, 2260 Samantha Drive Jeffrey Jochum, 3750 Aerostar Drive Richard Landis, 2390 Clarke Crest Drive Pat McNamara, 1041 Shady Oaks Drive William McIntee, 1339 Belmont Street th Eric Miller, 1290 W. 5 Street, #1 Betty Phillips, 3047 Kane Court Louise Thurn, 3037 Kaufmann Avenue 5 Council Members Lynch and Voetberg serve as City Council representatives for a total of 12 members. Board and Overview SheetHousing Code Bd Sister City Commission ListApplicationApplications 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. Historic Preservation Commission Communication from the Historic Preservation Commission advising that they have renewed their commitment to public outreach and providing a report on the initial efforts. Suggested Disposition: Receive and File Outreach - HPC LtrNAPC CAMP HPC Brochure Brochure 2. Amendments to the Housing Code City Manager recommending approval of amendments to the Housing Code to require crime-free training, to require tenant criminal background checks and to designate certain rental property owners as Priority Category. ORDINANCE Amending City Of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations, Section 6-6-7 Licenses and Inspections requiring a property owner, manager, or licensed real estate professional to participate in the crime free multihousing program as a condition of a license issuance or renewal for a rental dwelling operating license ORDINANCE Amending the City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations by adopting a new Section 6-6-11 Priority Category; amending Chapter 6 Housing Regulations by adopting a new Section 6-6-12 Procedure for Hearing Appeal of Priority Category Status; and amending Chapter 6 Housing Regulations by adopting a new Section 6-6- 13 Inspection of Properties Owned by Priority Category Suggested Disposition: Receive and File; Motion B; Motion A Housing Code - MVM Housing Code - Staff Housing - Ordinance Housing - Ordinance Background Check Tenant Screening MemoMemo#1#2Consent FormBrochure 6 Background Check Suggested Motion Policy 3. Federal Emergency Management Agency (FEMA) Flood Plain Map Update City Manager providing an update on the City of Dubuque’s Technical Appeal of FEMA’s Preliminary Digital Flood Insurance Rate Map for our community. Suggested Disposition: Receive and File FEMA - MVM MemoFEMA - Staff MemoFEMA - News Propeties in Bee Branch Flood FEMA Request to ReleaseFloodplainPlain MapChange DFIRM Technical Appeal FEMA Ltr of 12/7/10DFIRM Timeline Memo 4. Extension of Southwest Arterial Moratorium City Manager recommending approval of the extension of the development moratorium for the Southwest Arterial Corridor to July 1, 2012. ORDINANCE Amending the City of Dubuque Code of Ordinances by amending Title 14 (Buildings and Development) and by amending Title 16 (Unified Development Code) extending the development moratorium for the Southwest Arterial Corridor to July 1, 2012 Suggested Disposition: Receive and File; Motion B; Motion A SW Arterial - MVM SW Arterial - Staff SW Arterial - AerialsSW Arterial - Suggested Motion MemoMemoOrdinance 5. Solar Thermal Licensing, Permitting and Inspections City Manager recommending approval of amending the Code of Ordinances to create a Solar Thermal licensing system and empower Solar Thermal permits and inspections. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter 13 Solar Thermal Licenses which requires a license in order to perform work on solar thermal systems ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter 14 Solar Thermal Systems requiring permits and inspections for work performed on solar thermal systems and setting forth the standards for solar thermal systems Suggested Disposition: Receive and File; Motion B; Motion A 7 Solar - MVM MemoSolar - Staff MemoSolar - OrdinancesSuggested Motion 6. Bus Colors for “The Jule” City Manager submitting color options for “The Jule” for City Council consideration. Suggested Disposition: Receive and File; Council Bus Colors - MVM Bus Colors - Staff The Jule - White, MemoMemoGreen, Blue Options 7. Friends of the Mines of Spain Advisory Board City Manager requesting that the City Council designate a representative to the Friends of the Mines of Spain Advisory Board. Suggested Disposition: Receive and File; Council Appointment Friends - MVM MemoFriends - Buchholtz Friends - 28E LtrAgreement 8. Amendment to Iowa Finance Authority (IFA) Loan Agreement City Manager recommending approval of an amendment to the Iowa Finance Authority loan agreement for financing a portion of the costs of projects in the Historic Millwork District in an amount up to $4,500,000. Suggested Disposition: Receive and File; Approve IFA - MVM MemoIFA - Staff MemoIFA - AmendmentOriginal Loan 6 21 10 Council AgreementMaterial 9. Community Development Block Grant Award to CARADCO Project City Manager recommending that the City indicate its interest in accepting a $5.9 million Community Development Block Grant award for the CARADO project to the Iowa Department of Economic Development. Suggested Disposition: Receive and File; Approve CARADCO - MVM CARADCO - Staff CARADCO - IDED Ltr MemoMemo 8 10. AV Preeminent Rating for City Attorney Notification that City Attorney Barry Lindahl has been awarded the AV Preeminent Rating from the Martindale-Hubbell Peer Review. Suggested Disposition: Receive and File Rating - Information 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 Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa Collective Bargaining Strategy - Iowa Code Chapter 20.17(3) Jeanne F. Schneider December 29, 2010 9