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12 17 07 City Council Agenda w/Icons ROLL CALL ORDER FOR MEETING OF 12/17/07 BUOL CLINE CONNORS JONES LYNCH MICHALSKI BRAIG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, DECEMBER 17, 2007 PLEDGE OF ALLEGIANCE INVOCATION Sr. Mary Agnes O’Connor PRESENTATION TO CITY COUNCIL MEMBERS ANN E. MICHALSKI AND PATRICIA A. CLINE 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 10/22; Cable Community Teleprogramming Commission of 9/4, 10/9, and 11/6; Cable TV Regulatory Commission of 9/12; City Council of 12/3; Electrical Code Board of 11/26; Historic Preservation Commission of 11/29; Human Rights Commission of 11/5; Zoning Advisory Commission of 12/5 Library Board of Trustees Update from Meeting of November 15, 2007 Proofs of publication of City Council Proceedings of November 19 and 26, 2007 and List of Claims and Summary of Revenues for Month Ending October 31, 2007 Suggested Disposition: Receive and File AirportCable Programming - Cable Programming - Cable Programming - Cable TV Regulatory 9/410/911/6 City CouncilElectrical Code BdHistoric PreservationHuman RightsZoning Advisory 2. Notice of Claims/Suits Allied Insurance for personal injury claim of Ryan Glaser; David J. Waddick vs. City of Dubuque; John Tschiggfrie for property damage; Jim C. Jones for property damage; Larry and Brenda Huseman 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: Hope McDermott for personal injury; Allied Insurance for personal injury; Jim Jones for vehicle damage City Attorney recommending settlement of the claims of Greg Droessler for vehicle damage and John Tschiggfrie for property damage Suggested Disposition: Receive and File; Concur Claims - ICAPClaim - Settled 2 3. Transit Board of Trustees Peter V. Kies submitting his resignation from the Transit Board of Trustees, effective immediately. Suggested Disposition: Receive and File; Accept Resignation Kies Resignation 4. Stonebrook Subdivision Communication from Mike Portzen, Portzen Construction, Inc., requesting final acceptance of Stonebrook Subdivision. Suggested Disposition: Receive and File; Refer to City Manager Portzen Ltr 5. Human Rights Annual Report Submittal of the Human Rights Commission’s Annual Report for Fiscal Year 2007. Suggested Disposition: Receive and File Human Rights - Staff DHRC Annual Report Memo 6. Cottingham and Butler – Irrevocable License City Manager recommending approval of the Irrevocable License for Cottingham and th Butler to encroach on the public right-of-way of 8 Street and the alley adjacent to 800 Main to accommodate a loading dock, transformer enclosure, well head, and building bump out. Suggested Disposition: Receive and File; Approve License - MVM MemoLicense - Staff MemoLetter of ApplicationIrrevocable License 3 7. Downtown Design Guidelines City Manager recommending approval of a Certified Local Government (CLG) grant agreement for the Downtown Design Guidelines project. RESOLUTION Approving CLG Grant Agreement with the State Historical Society of Iowa for Downtown Dubuque Design Guidelines Suggested Disposition: Receive and File; Adopt Resolution CLG - MVM MemoCLG - Staff MemoCLG - ResolutionDesign Guidelines Downtown Design State Historical CIPGuidelines MapSociety Ltr 8. Preserve America Grant Communication from the Historic Preservation Commission to the National Park Service in support of the Preserve America Grant application “Hollywood in the Heartland” submitted by the Iowa State Historic Preservation Office. Suggested Disposition: Receive and File Grant - HPC Ltr 9. Purchase of Property – 2249 Elm Street City Manager recommending approval of the purchase of a residential dwelling located at 2249 Elm 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 Elm Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2249 Elm - MVM 2249 Elm - Staff 2249 Elm - MemoMemoResolution 10. Purchase of Property – 2300 / 2302 Washington Street City Manager recommending approval of the purchase of a residential dwelling located at 2300 – 2302 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 2300 – 2302 Washington Street in the City of Dubuque 4 Suggested Disposition: Receive and File; Adopt Resolution Washington St - MVM Washington St - Washington St - MemoStaff MemoResolution 11. Stipulation of Settlement City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of A. John and Cathy A. Pesetski for property located at 2991 Deerwood Circle. Suggested Disposition: Receive and File Settlement - BAL LtrNotice of Voluntary Stipulation of SettlementSettlement 12. Highway 20 Phase II Landscaping Project City Manager recommending acceptance of the Highway 20 Phase II Landscaping Project as completed by Smith Seeding, Inc. in the final contract amount of $231,417. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Hwy 20 - MVM MemoHwy 20 - Staff MemoHwy 20 - Resolutions 13. PEG Capital Grant Expenditures City Manager recommending approval of a request for funding from the Capital Grant for Access Equipment and Facilities. Suggested Disposition: Receive and File; Approve PEG - MVM MemoPEG - Staff Memo 5 14. Delinquent Refuse, Sewer and Stormwater Management Accounts City Manager recommending approval of the submission of the delinquent refuse, sewer and stormwater management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Adopting the Schedule of Assessments for delinquent refuse, sewer and stormwater collection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable 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 Accounts - MVM Accounts - Staff Accounts - MemoMemoResolution 15. 2007 Weed Assessments City Manager recommending approval of the submission of the 2007 Weed Assessments to the Dubuque County Treasurer in order to establish real property liens for collection of the past due accounts. RESOLUTION Adopting the Schedule of Assessments for the 2007 Weed Enforcement Program and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable 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 Assessments - MVM Assessments - Staff Weed Assessments MemoMemo 16. Five Flags HVAC and Promenade Roof Replacement Project City Manager recommending award of the contract to Giese Sheet Metal Company, Inc. in the amount of $700,580 for the Five Flags HVAC and Promenade Roof Replacement Project. RESOLUTION Awarding public improvement contract to Giese Sheet Metal Company, Inc. for the Five Flags HVAC and Promenade Roof Replacement Project Suggested Disposition: Receive and File; Adopt Resolution 6 Five Flags - MVM Five Flags - Staff Five Flags - MemoMemoResolution 17. Dubuque Girls’ Independent Softball League’s Field Lighting Project City Manager recommending approval of the City being the purchasing agent for the Dubuque Girls’ Independent Softball League’s field lighting project. Suggested Disposition: Receive and File; Approve Lighting - MVM MemoLighting - Staff Memo 18. 2007 Annual Tax Increment Financing Report City Manager transmitting the 2007 Annual Tax Increment Financing Report. Suggested Disposition: Receive and File Report - MVM MemoReport - Staff MemoTIF ChronologyEcon Dev ProjectsUrban Renewal FY 2007 TIF Report Project Report 19. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Holiday Inn Dubuque Five Flags; a Class “C” Beer/Liquor License to The Moracco, Mario’s Italian Restaurant, Bowling and Beyond, and Cue Masters Billiards; and Class “WBN” (Native Wine) License to Dubuque Humane Society and Hy-Vee Gas #2 Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1 MemoMemo 7 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Eminent Domain Proceedings City Manager recommending that a public hearing be set for January 22, 2008 to consider approval of eminent domain proceedings to acquire property for the Dubuque Regional Airport Terminal Relocation Project. RESOLUTION Setting a public hearing on the intent to acquire or condemn if necessary property for the Dubuque Regional Airport Terminal Relocation Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/22/08 Airport - MVM MemoAirport - Staff MemoAirport - Resolution 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 expired three-year term through January 11, 2009) Applicant: Ryan Killburg Human Rights Commission (Three 3-year terms expiring January 1, 2008 – Terms of Rubinstien, Foster and Ross) Applicants: Colin Scott, Dan Chatfield, Marcos Rubinstien Transit Board of Trustees (One vacant 3-year term through July 30, 2009 – Term of Kies) Applicants: Don Stedman, Harry Bemis Bd and Comm ListOverview SheetHsg Code Appeals Bd Human Rights Transit Bd ApplicationApplicationsApplications 8 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. John F. Kennedy Sidewalk Installation Project Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract, estimated cost and preliminary schedule of assessments for the John F. Kennedy Sidewalk Installation Project and City Manager recommending approval. Petition from residents on John F. Kennedy Road from Asbury Road to Iowa Hwy 32 (Northwest Arterial) in opposition to the proposed sidewalk installation project. Communication from Robert F. Lynn, 2381 Gordon Drive, in opposition to the proposed installation of sidewalks on John F. Kennedy Road. City Manager advising that the neighborhood meeting regarding the JFK Sidewalk th, Installation Project, scheduled for Tuesday, December 11 was cancelled due to weather; however, there have been phone conversations with Gordon Drive residents. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the John F. Kennedy Sidewalk Installation Project, Asbury Road to Hwy 32 (Northwest Arterial) RESOLUTION f Necessity for the John F. Kennedy Sidewalk Installation Project, from o Asbury Road to Iowa Hwy 32 (Northwest Arterial) RESOLUTION Approving preliminary schedule of assessments for the John F. Kennedy Sidewalk Installation Project, Asbury Road to Iowa Hwy 32 (Northwest Arterial) Suggested Disposition: Receive and File; Adopt Resolutions JFK SidewalksSidewalk - Staff Sidewalks - JFK Sidewalk PetitionLynn Ltr MemoResolutions Gordon Dr - MVM Gordon Dr - Staff Assessment Ltr MemoMemo 9 Material from December 3, 2007 City Council Meeting Sidewalk - MVM Sidewalk - Staff Sidewalk - Assessments Preliminary Gordon Drive MemoMemoResolutionsResolutionsAssessments Kaufmann - Marywood - Spring Rosewood - Spring Valley - RosewoodValleyMarywoodDubuque Advertiser 2. Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD) Amendment Communication from Bob Hartig, Medical Associates, requesting that this item be tabled to February 4, 2008. Proof of publication on notice of public hearing to consider a request from Medical Associates Clinic / Robert Hartig to amend the existing Associates Park Planned Unit Development (PUD) District to designate a portion of the existing greenway buffer for business use and Zoning Advisory Commission recommending denial. Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amendment to the Associates Park Planned Unit Development District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Medical Associates West Campus Planned Unit Development District and by repealing Ordinances 24-94, 32-96 and 35-99 Suggested Disposition: Receive and File; Table; Concur with Denial; or Motion B; Motion A (Super Majority Vote) Hartig LtrPUD - ZAC Ltr #2PUD - ZAC LtrPUD - ApplicationPUD - Staff MemoPUD - Ordinance PUD - Amended Plan PUD - Exhibit APUD - Ordinance Conceptual Dev PlanAerial View MapPUD - Color Photos Drawing32-96 PUD - Opposition LtrsKelley LtrSuggested Motion 10 3. Voluntary Annexation Request Proof of publication on notice of public hearing to consider approval of the voluntary annexation request of Kress Industrial Facility and City Manager recommending approval. RESOLUTION Rescinding Resolution No. 557-07 and approving an application for voluntary annexation of territory owned by Kress Industrial Facility Suggested Disposition: Receive and File; Adopt Resolution Annexation - MVM Annexation - Staff Annexation - Annexation - Staff Kress - ApplicationAnnexation - Vicinity MemoMemoResolutionReportMap Bd of Supv LtrRequest to Table Rezoning Material from November 19, 2007 City Council Meeting Annexation - MVM Annexation - Staff Kress ApplicationAnnexation - Vicinity Annexation - Staff Annexation - MemoMemoMapReportResolution 4. Traut Terrace Vacate Petition Proof of publication on notice of public hearing to consider a request from Greg Laufenberg for vacating and sale of a portion of Traut Terrace south of Diagonal Street and City Manager recommending approval. Communication from Greg and Linda Laufenberg regarding the purchase of a portion of City-owned right-of-way and requesting reimbursement for additional expenses. RESOLUTION Approving plat of proposed vacated portion of Traut Terrace south of Diagonal Street RESOLUTION Vacating a portion of Traut Terrace south of Diagonal Street RESOLUTION Disposing of City interest in Lot 8A of Dunn’s Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions Traut Terrace - MVM Traut Terrace - Staff Traut Terrace - Laufenberg Ltr MemoMemoResolutions 11 Material from December 3, 2007 City Council Meeting Traut - MVM MemoTraut - Staff MemoTraut - ResolutionTraut - Vicinity MapTraut Terrace - Plat 5. Greater Downtown Urban Renewal District Proof of publication on notice of pubic hearing to consider an amendment to the Greater Downtown Urban Renewal District to expand the district to include the Warehouse District and portions of property along South Main Street and City Manager recommending approval. Communication from the Long Range Planning Advisory Commission recommending approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution UR Plan - MVM MemoUR Plan - Staff MemoUR Plan - ResolutionUrban Renewal PlanUR Plan - Attachment A UR Plan - UR Plan - UR Plan - LRPAC Ltr Attachment BAttachment C 1-12Attachment E Material from December 3, 2007 City Council Meeting Downtown UR - MVM Downtown UR - Staff Downtown UR - Downtown UR - Map MemoMemoResolution 6. Bee Branch Floodwall Pumping Station Auxiliary Power Project Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project Suggested Disposition: Receive and File; Adopt Resolution 12 Bee Branch - MVM Bee Branch - Staff Bee Branch - MemoMemoResolution Material from December 3, 2007 City Council Meeting Bee Branch - MVM Bee Branch - Staff Bee Branch - MemoMemoResolutions 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. Dog Park Communication from Roger Ruden, 1020 Aspen Court, requesting to address the City Council regarding the dog park located on North Grandview Avenue. City Manager providing an update on attempts to locate another dog park in the City of Dubuque. Suggested Disposition: Receive and File; Council Dog Park MaterialDog Parks - MVM Dog Parks - Staff MemoMemo 2. Tobacco Compliance – Civil Penalty for Tobacco Permit Holders City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for a first violation for Casey’s General Store, 4003 Peru Road; Kwik Stop, 2390 Central Avenue; and Key West Conoco, 2150 Twin Valley Drive and to acknowledge the exercise of the affirmative defense for Hartig Drug Company concerning their third violation occurring September 20, 2007 and it is further recommended that a hearing be set for AWN Stop Mart, 1401 Central Avenue regarding their tobacco violation. Suggested Disposition: Receive and File; Approve; Set Hearing Tobacco - MVM Tobacco - Staff Settlement Awns - Tobacco Hartigs - Affirmative MemoMemoAgreementsViolationDefense 13 3. Streets in Southgate Planned Unit Development City Manager recommending that the City not accept either Gateway Drive or Stonehill Drive as public streets as requested by Dan Mueller, developer of Southgate Subdivision. Suggested Disposition: Receive and File; Approve Southgate - MVM Southgate - Staff Mueller Ltr MemoMemo 4. Washington Neighborhood Comprehensive Plan City Manager recommending approval of funds to begin a comprehensive planning process for the Washington Neighborhood. Suggested Disposition: Receive and File; Approve Plan - MVM MemoPlan - Staff Memo 5. Lead Hazard Reduction Grant City Manager recommending approval of a contract with the U.S. Department of Housing and Urban Development (HUD) for administration of the Lead Hazard Reduction Grant in the amount of $2,982,769. Suggested Disposition: Receive and File; Approve Lead - MVM MemoLead - Staff Memo 6. Metropolitan Coalition Agreement City Manager recommending that the City participate in the Iowa Metropolitan Coalition and approval of the Fiscal Year 2008 contribution of $8,233.93. Suggested Disposition: Receive and File; Approve Coalition - MVM Coalition - BudgetCoalition - Press Coalition Agreement MemoRelease 14 7. City Initiatives in Response to Downtown Neighborhood Issues City Manager recommending approval of a proposed response to issues in the downtown neighborhoods, concentrating on the Washington Street Neighborhood, including the addition of four sworn Police positions (three Police Officers and one Police Corporal acting as a Section 8 Investigator) in the current fiscal year and one additional Rental Housing Inspector position. Suggested Disposition: Receive and File; Approve Issues - MVM MemoIssues - Attachment Issues - Attachment Issues - Attachment Issues - Attachment Issues - Attachment #1#2#3#4#5 Issues - Attachment Issues - Attachment Issues - Attachment Issues - Attachment Issues - Attachment #6#7#8#9#10 8. Delta Queen:Exemption from Safety of Life at Sea Regulations City Manager recommending approval of a resolution in support of continuing to exempt the historic Delta Queen steamboat from the Federal Safety of Life at Sea regulations as requested by David Tschiggfrie. of the City Council of Dubuque, Iowa urging Congress to provide for the RESOLUTION permanent exemption of the steamer Delta Queen from the provisions of the Safety of Life at Sea Act of 1966 Suggested Disposition: Receive and File; Adopt Resolution Delta Queen - MVM Delta Queen - Staff Delta Queen - Tschiggfrie Ltr MemoMemoResolution 9. Every Child/Every Promise Initiative Communication from Lori Thielen and Eric Dregne, Co-Chairs Mississippi Valley Promise requesting support for the Every Child/Every Promise Initiative City Manager recommending approval of funding to support the Every Child/Every Promise Initiative / Mississippi Valley Promise organizational efforts. Suggested Disposition: Receive and File; Approve Initiative - MVM Initiative - Request MemoLtr 15 10. Tax Increment Financing (TIF) Ordinance for Downtown Urban Renewal District City Manager recommending adoption of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District. ORDINANCE Amending Ordinance Nos. 20-07, 35-04, 30-82, 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Motion B; Motion A TIF - MVM MemoTIF - Staff MemoTIF - OrdinanceSuggested Motion 11. Census Tract 1 City Manager recommending approval of a resolution that finds Census Tract 1 in the City of Dubuque meets the definition of a blighted area according to Section 403.17 of the Code of Iowa. RESOLUTION Finding that the area within Census Tract 1 of the City of Dubuque meets the definition of a blighted area under the Urban Renewal Law and that development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa. Suggested Disposition: Receive and File; Adopt Resolution Tract 1 - MVM MemoTract 1 - Staff MemoTract 1 - ResolutionCensus Tract 1 12. Electrical Ordinance City Manager recommending approval of one editorial change in the City’s electrical ordinance to temporarily extend the expiration date of electrical licenses to June 30, 2008. ORDINANCE Amending City of Dubuque Code of Ordinances Chapter 18 Electricity, Section 81-2 National Electrical Code-Amendments, by amending Section 83-9 Suggested Disposition: Receive and File; Motion B; Motion A 16 Electrical - MVM Electrical - Staff Electrical - OrdinanceSuggested Motion MemoMemo 13. 2008 Federal Legislative Priorities City Manager recommending approval of the City of Dubuque Priorities and Requests for Federal Appropriations. Suggested Disposition: Receive and File; Approve Priorities - MVM 2008 Legislative MemoPriorities 14. Fiscal Year 2009 Policy Guidelines City Manager submitting the Fiscal Year 2009 Policy Guidelines for City Council review and approval. Suggested Disposition: Receive and File; Approve Guidelines - MVM FY 2009 Policy MemoGuidelines 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 – Chapter 21.5(1)(c) 2007 Code of Iowa Jeanne F. Schneider December 13, 2007 17