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8 6 07 City Council Agenda No Icons ROLL CALL ORDER FOR MEETING OF 8/6/07 JONES LYNCH MICHALSKI BRAIG BUOL CLINE CONNORS CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, AUGUST 6, 2007 PLEDGE OF ALLEGIANCE INVOCATION Pastor Robert De Corah, Grandview Heights Baptist Church PROCLAMATION Responsible Gaming Week (August 6 – 10, 2007) PRESENTATION 1,000 Friends of Iowa Best Development Award Presentation 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 Arts and Cultural Affairs Advisory Commission of 5/16, 6/26, and 7/5; City Council of 7/16; Electrical Code Board of 7/23; Housing Code Appeals Board of 3/20; Investment Oversight Advisory Commission of 7/31; Library Board of Trustees of 5/24 and 6/15; Park and Recreation Commission of 7/10 Proofs of publication of City Council Proceedings of July 2 and 9, 2007 and List of Claims and Summary of Revenues for month ended June 30, 2007; Substance Abuse Services Center Fourth Quarterly Report; Investment Oversight Advisory Commission th 57 Quarterly Report Suggested Disposition: Receive and File 2. Notice of Claims/Suits Elmer Arensdorf for property damage; Richard and Linda Cathman for property damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle damage; Grace Keith for property damage; Karen Leicht for property damage; Krystle Lorenz for property damage; Neil Pitman for property damage; David and Ellen Rath for property damage; Anthony Rokusek for property damage; Donald and Katherine Schneider for property damage; Nelle Trefz for property damage; John and Valerie Herber 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: American Family Insurance for vehicle damage; Elmer Arensdorf for property damage; Lisa Bowers for property damage; William Brown for property damage; Linda and Richard Cathman for property damage; Joseph H. Fecker, Jr. for property damage; Jean Heim for vehicle damage; David and Ellen Rath for property damage; Beth Hilkin for property damage; Lisa Huinker for property damage; Tracy Little for property damage; Joan Overhouse for property damage; Donald and Katherine Schneider for property damage; Ann Till for property damage; Julie Welter for property damage; Neil Pitman for vehicle damage City Attorney recommending that the claims of Karen Leicht, Grace Keith, Nelle Trefz, and Krystle Lorenz for property damage be referred to Tricor Insurance and Financial Services. Suggested Disposition: Receive and File; Concur 3. Citizen Communications Communication from Jeanne Beeghley, 3060 Deerwood Circle, regarding the condition of Asbury Road from St. Ambrose west to JFK Road, and the intersection of Cedar Cross Road and Highway 20. Communication from Judy Dupont and the Cyril G. Habel Family, 13212 Sherrill Road, regarding the intersection of the Northwest Arterial and Asbury Road. Communication from Esther Thome, 2820 Brunswick Street, requesting to purchase a portion of a City street/alley abutting her property. Communication from David L. Clemens, representing Denise Keller, requesting to purchase a portion of an alley abutting the property at 1819 Pierce Street. Suggested Disposition: Receive and File; Refer to the City Manager 2 4. All-America City Communication from the National League of Cities congratulating the City of Dubuque on receiving the 2007 All-America City award. Communication from the City of Hollywood, Florida congratulating the City of Dubuque on receiving the 2007 All-America City award. Suggested Disposition: Receive and File 5. Civil Service Commission Civil Service Commission submitting the certified list for the positions of Records Supervisor and Police Officer. Suggested Disposition: Receive and File; Make a Matter of Record 6. Office of the City Assessor Communication from the City Assessor advising that Vickie Ann Glab has appealed her 2007 property tax assessment to the Property Assessment Appeal Board in Des Moines. Suggested Disposition: Receive and File 7. Community Development Block Grant Purchase of Service Agreements City Manager recommending approval of an amendment to the Community Development Block Grant (CDBG) Purchase of Service Agreements for the Northeast Iowa School of Music, Dubuque County ISU Extension and the Four Mounds Foundation. Suggested Disposition: Receive and File; Approve 8. Purchase of Property – 2100 Kniest Street City Manager recommending approval to purchase a residential duplex dwelling located at 2100 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2100 Kniest Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 3 9 Purchase of Property – 2249 and 2251 Prince Street City Manager recommending approval to purchase a residential duplex dwelling located at 2249 and 2251 Prince Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2249 and 2251 Prince Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 10. Purchase of Property – 2006 Kniest Street City Manager recommending approval to purchase a residential dwelling located at 2006 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2006 Kniest Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 11. Purchase of Property – 2234 Washington Street City Manager recommending approval to purchase a residential dwelling located at 2234 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2234 Washington Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 12. Purchase of Property – 509 Rhomberg Avenue City Manager recommending approval to purchase a residential dwelling located at 509 Rhomberg Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 509 Rhomberg Avenue in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 13. Request for Proposals for “Green” Consulting Services City Manager recommending approval of the issuance of a request for proposals for consulting services related to advancing Dubuque as a sustainable community and to include energy management consulting, monitoring and education, and identification and implementation of energy use reduction strategies for the benefit of low and moderate-income homeowners and tenants in the downtown neighborhoods. Suggested Disposition: Receive and File; Approve 4 14. Community Development Block Grant (CDBG) Agreement City Manager recommending approval of the Fiscal Year 2008 Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development in the amount of $1,252,136. RESOLUTION Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution 15. Purchase of Service Agreements - Amendments City Manager recommending approval of an amendment to the Community Development Block Grant Purchase of Service Agreements for the Washington Neighborhood Tool Library, Project Concern, and Hills and Dales. Suggested Disposition: Receive and File; Approve 16. Consolidated Plan Addendum City Manager recommending approval of an addendum to the City’s Consolidated Plan for Housing and Community Development for Fiscal Years 2006 – 2010. RESOLUTION Approving the Fiscal Year 2007 addendum to the Consolidated Plan for Housing and Community Development for Fiscal Years 2006 – 2010 Suggested Disposition: Receive and File; Adopt Resolution 17. Board and Commission Resignations Rachel Savage submitting her resignation from the Housing Commission. Ken Bichell submitting his resignation from the Zoning Advisory Commission. Mary Lynn Neumeister submitting her resignation from the Long Range Planning Advisory Commission. Suggested Disposition: Receive and File; Accept Resignations 18. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development acknowledging receipt of the City’s amendment to the Fiscal Year 2007 CDBG Annual Action Plan. Communication from the U.S. Department of Housing and Urban Development expressing appreciation for the City of Dubuque’s participation in the National Call to Action for Affordable Housing through Regulatory Reform. Suggested Disposition: Receive and File 5 19. 2008 Fireworks Display Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and The River requesting permission to conduct a fireworks display on Thursday, July 3, 2008 (rain date of July 4, 2008) on Volunteer Road. Suggested Disposition: Receive and File; Approve 20. Legislative Correspondence Communication to Congressman Bruce Braley urging support for the Energy Efficiency Block Grant program. Communication from Tom Cochran, The United States Conference of Mayors, urging support for the Energy Efficiency Block Grant program. Suggested Disposition: Receive and File 21. Comprehensive Plan Goals City Manager submitting City Attorney Lindahl’s suggested revisions to the Long Range Planning Advisory Commission’s recommended updates to the 2002 Comprehensive Plan. Suggested Disposition: Receive and File 22. City Manager Employment Agreement Submittal of the Seventeenth Amendment to the City Manager’s Employment Agreement for approval. Suggested Disposition: Receive and File; Approve 23. City Attorney Compensation RESOLUTION Establishing the compensation of the City Attorney Suggested Disposition: Adopt Resolution 24. Downtown Area Parking Needs Study City Manager recommending approval of the issuance of a Request for Qualifications to complete a Downtown Area Parking Needs Assessment Study. Suggested Disposition: Receive and File; Approve 25. Establishment of Fair Market Value – 625 Gillespie Street City Manager recommending approval of establishing the fair market value of the property located at 625 Gillespie Street for purposes of acquisition of the property for nd expansion of the 32 Street storm water detention basin. RESOLUTION Establishing the fair market value of certain real property owned by the estate of Arthur P. Frommelt in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 6 26. Quarterly Investment Report City Manager submitting the June 30, 2007 Quarterly Investment Report. Suggested Disposition: Receive and File 27. US 52 North Storm Sewer Improvements City Manager recommending approval of a cooperative agreement with the Iowa Department of Transportation (IDOT) for the U.S. 52 North Storm Sewer Improvement Project. RESOLUTION Approving the Cooperative Agreement between the Iowa Department of Transportation and the City of Dubuque establishing for improving an extension of Primary Road No. U.S. 52 Suggested Disposition: Receive and File; Adopt Resolution 28. Sewer Cured-in-Place Pipe (CIPP) Lining Project City Manager recommending award of the public improvement contract for the Sewer Cured-in-Place Pipe (CIPP) Lining Project to Visu-Sewer Clean and Seal in the amount of $177,865. RESOLUTION Awarding public improvement contract for the CIPP Lining Project Suggested Disposition: Receive and File; Adopt Resolution 29. Iowa Great Places Grant Agreement City Manager recommending approval of the grant agreement with the Iowa Department of Cultural Affairs for the Bi-lingual Bike/Hike Trail Signage Project. RESOLUTION Authorizing a grant agreement for an Iowa Great Places Grant for the Bi- Lingual Bike/Hike Trail Signage Project Suggested Disposition: Receive and File; Adopt Resolution 30. Improvement Contracts / Performance, Payment and Maintenance Bonds RESOLUTION Approving public improvement contracts and bonds -- US 52 North Storm Sewer Improvement Project -- Grand River center Carpet Replacement Project -- Third Street Overpass Light Replacement Project -- Star Brewery Drive Construction Project Suggested Disposition: Receive and File; Adopt Resolution 31. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of two renewal permits to sell cigarettes and cigarette papers in the City of Dubuque 7 RESOLUTION Granting the issuance of a Class “C” Beer Permit to Sid’s Beverage Store RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Club Phoenix, Shannon’s Bar and Grill, and the Ten Pin Tap; a Special Class “C” Liquor License to Bell Tower Productions; a Class “B” Wine Permit to Sid’s Beverage Store; a Class “WBN” Native Wine Permit to Bricktown Brewery; and a Special Class “C” Liquor License (5-Day Special Event) to Dubuque Jaycees for August 17, September 7, and October 6, 2007 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. Disposal of Previously Vacated Alley City Manager recommending that a public hearing be set for August 20, 2007 to consider approval for the disposition of the City’s interest in Lot 19A of Union Avenue Subdivision to Greg F. and Dawn M. Swift. RESOLUTION Of intent to dispose of City interest in Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/20/07 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. Building Code Board of Appeals One 3-year expired term through August 1, 2010 (Term of Jahns, Journeyman/Carpenter) One 3-year expired term through August 2, 2010 (Term of Kolf, Architect/Engineer) One 3-year expired term through August 1, 2008 (Term of Gudenkauf, At Large) One 3-year expired term through August 1, 2009 (Term of Carr, General Contractor) One 3-year expired term through August 1, 2009 (Term of Luchsinger, At Large) Applicants: John Schwendinger (Journeyman/Carpenter) James Kolf (Architect/Engineer) No applicant (At-Large) Chuck Carr (General Contractor) Richard Luchsinger (At-Large) Housing Commission Two 3-year expired terms through August 17, 2010 (Terms of Eddy and Kapler) One 3-year vacant term through August 17, 2009 (Term of Savage) 8 Applicants: Char Eddy, Jim Holz, Erica Johnson, Judie Root, Dorothy Schwendinger, OSF Transit Board of Trustees One 3-year expired term through July 30, 2010 (Term of Stedman) Applicants: Harry Bemis, Ruth Scharnau, Don Stedman 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. Cancer Survivor Park Lease Agreement Proof of publication on notice of hearing to consider disposing of interest in real property by lease agreement with the Finley Hospital for the Cancer Survivor Park and City Manager recommending approval. RESOLUTION Disposing of an interest in real property by lease with The Finley Hospital Suggested Disposition: Receive and File; Adopt Resolution 2. Water Revenue Capital Loan Notes Proof of publication on notice of hearing to consider approval of the issuance of $1,037,000 Water 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 $1,037,000 Water Revenue Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution 3. Eagle Point Water Plant Clear Well Rehabilitation Project Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Eagle Point Water Plant Clear Well Rehabilitation Project and City Manager recommending approval. RESOLUTION Approving plans and specifications, form of contract, and estimated cost for the Eagle Point Water Plant Clear Well Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution 9 4. Five Flags Sidewalk Replacement Project Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Five Flags Sidewalk Replacement Project and City Manager recommending approval. RESOLUTION Approving plans and specifications, form of contract, and estimated cost for the Five Flags Sidewalk Replacement Project RESOLUTION Awarding public improvement contract for the Five Flags Sidewalk Replacement Project Suggested Disposition: Receive and File; Adopt Resolution 5. Art’s Way / Vessel Systems Development Agreement Proof of publication on notice of hearing to consider approval of a development agreement with Art’s-Way Vessel’s, Inc., the sale of 5.97 acres of land in Dubuque Industrial Center West and the use of Tax Increment Financing for the project and City Manager recommending approval. RESOLUTION Approving a Development Agreement providing for the sale of 5.97 acres in the Dubuque Industrial Center West to Art’s Way Vessels, Inc. 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. Five Flags Civic Center Update Joyce White, General Manager of the Five Flags Civic Center, to provide presentation on activity level in Fiscal Year 2007 and projected activity level for Fiscal Year 2008. Suggested Disposition: Receive and File 2. Warehouse District Revitalization Strategy City Manager recommending adoption of the Warehouse District Revitalization Strategy. Presentation by Dan LoBianco, Dubuque Main Street, and Tim McNamara, Property Owner, regarding the Warehouse District Revitalization Strategy. RESOLUTION Adopting the Warehouse District Revitalization Strategy Suggested Disposition: Receive and File; Adopt Resolution 10 3. John F. Kennedy Road Sidewalks – Asbury Road to the Northwest Arterial City Manager providing information regarding the installation of sidewalks on John F. Kennedy Road from Asbury Road to the Northwest Arterial and requesting Council direction. Suggested Disposition: Receive and File; Council Direction 4. 2007 Art on the River Communication from the Arts and Cultural Affairs Advisory Commission requesting City Council concurrence with the selection of artwork for the 2007 Art on the River Competition. Suggested Disposition: Receive and File; Approve 5. Fiscal Year 2007 and 2008 Annual Action Plan Amendment – Economic Development Loans City Manager recommending approval of an amendment to the Fiscal Year 2007 and Fiscal Year 2008 Annual Action Plans for the City’s Community Development Block Grant (CDBG) program to provide for forgivable loans and grants for economic development activities. RESOLUTION Approving amendment to the Fiscal Year 2007 (Program Year 2006) and Fiscal Year 2008 (Program Year 2007) Annual Action Plans for Community Development Block Grant funds Suggested Disposition: Receive and File; Adopt Resolution 6. Cottingham and Butler – Development Agreement City Manager recommending approval of a Development Agreement with Cottingham and Butler for the rehabilitation of the Security Building located at 800 Main Street. RESOLUTION Approving a Development Agreement for Cottingham and Butler’s Security Building project Suggested Disposition: Receive and File; Adopt Resolution 7. Vacant / Abandoned Building Ordinance City Attorney recommending approval of an amendment to the Vacant and Abandoned Buildings Ordinance that includes minor changes regarding code violations and which extends the period of time that the building is unoccupied from six continuous months to twelve continuous months. ORDINANCE Amending Article VII of the City of Dubuque Code of Ordinances Licensing of Vacant and Abandoned Buildings Suggested Disposition: Receive and File; Motion B; Motion A COUNCIL MEMBER REPORTS 11 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) 2007 Code of Iowa Jeanne F. Schneider August 2, 2007 12