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5 21 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 5/21/2012 Resnick, Sutton, Brag, Buol, Connors, Jones, Lynch CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street, Dubuque May 21, 2012 Council meetings are video streamed live and archived at wwwcdvofdubuaue ora /media and on Dubuque's CityChannel on the Mediacom cable system at Channel (analog) and 97 2 (digital) WORIt SESSION 5 30 PM - Dubuque Regional Airport New Passenger Terminal Faalty NewPassenaer Tennmal Fealdv -MW Memo Slide Presentation REGULAR SESSION 6 30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1 Mental Health Month (May 2012) Mental Health Month Proclamation, CONSENT ITEMS The consent agenda items are considered to be routine and non - controversial and all consent itemswill be normally voted upon in a single motion without any separate discussion on a particular item If youwould liketo discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the itemyou would Tike removedfromthe Consent Agenda for separate discussion and consideration 1 Minutes and Reports Submitted City Council of 5/7 and 5/8, Civil Service Minutes of 5/9, Housing Commission of 4/17, Human Rights Commission of 4/9, Investment Oversight Advisory Commission of 4/25, Zoning Advisory Commission of 5/2 Suggested Disposition Recemeand File City Council Minutes5 /7 City Counal Minutes 5i8 Civil Service Minutes5/9 Housing Commission Minutes4/17 Human Rights Minutes4/9 Investment Oversight Minutes 4/25 Zoning Advisory Minutes 5/2 2 Notice of Clams and Suits Leann Marie Arlen for personal Injury, Candace Briggs for properly damage, Brian and Tracy Gallagher for property damage Suggested Disposition Receive and Fula Refer to City Attorney Men Claim Briggs Claim Gallagher Claim 3 Disposdion of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa CommunitlesAssurance Pool Leann Marie Arlen for personal injury, Candace Briggsfor property damage, Brian and Tracey Gallagher for property damage, David Jansen for property damage Suggested Disposition Receive and Fula Concur ICAP Claims. 4 State Hlstoncal Society of Iowa Correspondence fromthe State Historical Society of Iowa informing the City that the Upper Central Avenue Commercial Historic District, 1460-1965 Central Avenue, will be considered by the State National Register Nominations Review Committee on June 8, 2012 at the Dubuque Masonic Temple Suggested Disposition Receive and File SHSI Letter 5. Citizen Petition - Dogs in City Parks Kate Lydon of FIDO Dubuque submitting a citizen petition to allow dogs in City Parks Suggested Disposition: Receive and File; Refer to Park and Recreation Commission FIDO Dubuque Petition, 6. Citizen Petition - Residential Parking Permit District Karen Leubka, 1160 Marjorie Circle, submitting a citizen petition on behalf of the residents of Amy Court and Lucy Drive requesting an amendment to the Residential Parking Permit District Suggested Disposition: Receive and File; Refer to City Manager Citizen Petition - RPPD, 7. Dubuque County Historical Society - HRDP Grant application City Manager recommending approval for the City Manager to sign the ownership form in support of the Historic Resource Development program grant application by the Dubuque County Historical Society for $8,600 in grant funds for the interior restoration project at the Mathias Ham House RESOLUTION Authorizing HRDP Grant application to the State Historical Society of Iowa for the restoration project at Mathias Ham House historic site Suggested Disposition: Receive and File; Adopt Resolution(s) Ham House HRDP Grant Application -MVM Memo, Staff Memo, Resolution, Ownership Form, Application, 8. BrownfieldlGrayfield Application for Caradco Landlord, LLC City Manager recommending approval of a Brownfield /Grayfield Redevelopment Tax Credit Application to the Iowa Economic Development Authority (IEDA), on behalf of Caradco Landlord, LLC RESOLUTION Approving the Brownfield /Grayfield Redevelopment Tax Credit application to the Iowa Economic Development Authority on behalf of Caradco Landlord, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Brownfield /Gravfield Application Caradco Landlord -MVM Memo Staff Memo Resolution, Brownfield /Gravfield Application, 9. Delinquent Water, Sewer, Refuse and Stormwater Accounts City Manager recommending approval to certify delinquent water, sewer, storm water and refuse charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges RESOLUTION Adopting the Schedule of Assessments for delinquent water, sewer, refuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s) Delinquent Water, Sewer, Refuse & Stormwater Accounts -MVM Memo, Staff Memo , Assessment Notice and Resolution, List of Property Tax Lien, 10. Enterprise Zone Commission - At -Large Appointments City Manager recommending City Council confirmation of Dan LoBianco, Doug Stillings and Rick Stein for the three at -large positions to serve on the Enterprise Zone Commission Suggested Disposition: Receive and File; Approve Enterprise Zone Commission Appointments -MVM Memo At -Lame Applications Staff Memo 11. Federal Emergency Management Agency (FEMA) - Flood Insurance Rate Map and Study Correspondence from the Federal Emergency Management Agency (FEMA) transmitting preliminary copies of the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for Dubuque County and incorporated areas for review and comment Suggested Disposition: Receive and File; Refer to City Manager 12. Federal Emergency Management Agency (FEMA) - Buyout Properties Lienholder Search Agreement City Manager recommending approval of the City of Dubuque's lienholder search agreement with Clemens, Walters, Conlon & Meyer for the FEMA Buyout Program's Section 403 immediate threat demolition program Suggested Disposition: Receive and File; Approve 2011 FEMA Buyout Grant - Lienholder Search Agreement -MVM Memo, Staff Memo, Agreement, 13. Health Choices Administrative Services City Manager recommending approval of the administrative services fee presented by Health Choices of $20 10 per contract per month effective July 2, 2012 through June 30, 2014 Suggested Disposition: Receive and File; Approve Health Choices Administrative Services Fee -MVM Memo, Staff Memo, Administrative Services Agreement, 14. Plat of Survey - Dubuque Industrial Center West Addition Zoning Advisory Commission recommending approval of the Plat of Survey for Lots 1 and 2 of Dubuque Industrial Center West Addition subject to waiving lot frontage for Lot 2 RESOLUTION Approving the Plat of Survey Lot 1 and Lot 2, Dubuque Industrial Center West 9th Addition in City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Council Letter, Resolution, Applicant Materials, Staff Matenals, 15. Plat of Survey - Bee Branch Subdivision No. 7 Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No 7 subject to waiving the lot area requirement for Lot 2 RESOLUTION Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No 7 in City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Council letter, Resolution Applicant Materials, Staff Matenals 16. Plat of Survey - Bee Branch Subdivision No. 8 Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No 8 subject to waiving lot frontage and lot area for Lot 2 RESOLUTION Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No 8 in City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Council letter Resolution, Applicant Materials Staff Matenals, 17. Signed Contracts Celebration Belle River Boat Docking Agreement Suggested Disposition: Receive and File Boat Docking Agreement, 18. Alcohol Compliance Civil Penalty for Alcohol License Holders - Chopper's Bar City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Chopper's Bar, 601 Rhomberg Avenue Suggested Disposition: Receive and File; Approve Chopper's Settlement Agreement -MVM Memo, Staff Memo , Settlement Agreement Copy, 19. Alcohol Compliance Civil Penalty for Alcohol License Holders - Salsa's Mexican Restaurant City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Salsa's Mexican Restaurant, 1091 Main Street Suggested Disposition: Receive and File; Approve Salsa's Settlement Agreement -MVM Memo, Staff Memo , Settlement Agreement Copy 20. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted RESOLUTION Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, Police Memo, Liquor Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Loras Parkway City Manager recommending that a public hearing be set for June 4, 2012 to consider the plans and specifications, form of contract, and estimated cost of the Loras Parkway Project RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost ( Loras Parkway Project, Iowa DOT Project No TCSP- PA27(003)- - 93-31) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 614112 Loras Parkway Proiect -MVM Memo, Loras Parkway - Staff Memo, Loras Parkway - Resolutions, 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. Human Rights Commission One 3 -year term through January 1, 2013 (Vacant term of Ronek) Applicant Andrea Halgager, 40 Main Street This commission is subject to the State of Iowa Gender Balance Law, and application is compliant with the gender requirement Appointments to be made at this meeting: Electrical Code Board Two 3 -year terms through May 21, 2015 (Expiring terms of Schmidt and Uhlirch) Applicants Robert Schmidt, 2184 Orchard Drive Paul Uhlrich, 489 Olympic Heights Road Historic Preservation Commission 1 three -year term through July 1, 2012 (Vacant at -large term of Knight) Applicant Otto Krueger, 2521 Wheatland Drive This commission is subject to the State of Iowa Gender Balance Law, and the vacancy has been posted for 90 days Boards Overview Sheet, Boards Latest Listing Electncal Board Applications, HPC Application, HRC Application, Gender Balance - City Breakdown, Gender Balance Law Gender Balance Q &A Sheet, 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 - 3399 Eagle Point Drive Proof of publication on notice of public hearing to consider rezoning property located at 3399 Eagle Point Drive from R -1 Single Family Residential District to AG Agricultural District as requested by Robert and Leann McDonald and the 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 3399 Eagle Point Drive from R -1 Single - Family Residential District to AG Agricultural District Suggested Disposition: Receive and File; Motion B; Motion A Council letter Ordinance, Applicant Materials, Staff Materials 2. Request to Rezone - 890 Cedar Cross Road Proof of publication on notice of public hearing to consider rezoning property at 890 Cedar Cross Road from CS Service & Wholesale District to C -3 General Commercial District as requested by Catherine George and the 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 890 Cedar Cross Road from CS Commercial Service and Wholesale District to C -3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Council letter, Ordinance Applicant Materials Staff Materials, 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. Advertisement of Bond Sale - Series 2012C and 2012D City Manager recommending approval of the advertisement for the sale of Taxable General Obligation Bonds Series 2012C and General Obligation Bonds Series 2012D and approval of the electronic bidding procedures RESOLUTION Directing the advertisement for sale of $6,965,000 Taxable General Obligation Bonds, Series 20120 and $7,595,000 General Obligation Bonds, Series 2012D, approving electronic bidding procedures, and authorizing distribution of a Preliminary Official Statement Suggested Disposition: Receive and File; Adopt Resolution(s) 2012 Series C &D GO Bonds Advertisement for Sale -MVM Memo 2012 Series C & D GO Bonds Advertisement for Sale 2012 Senes C & D GO Bonds Advertisement for Sale - Resolution 2012 Series C &D GO Bonds Advertisement for Sale - Bond Counsel Letter, 2012 Senes C &D GO Bonds Advertisement for Sale - Draft Preliminary Official Statement, 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