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10 20 08 City Council Agenda w/Icons ROLL CALL ORDER FOR MEETING OF 10/20/08 LYNCH RESNICK VOETBERG BRAIG BUOL CONNORS JONES CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 4:00 P.M. – SPECIAL SESSION – PURCHASE OF SERVICES POLICY 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, OCTOBER 20, 2008 PLEDGE OF ALLEGIANCE INVOCATION Sister Mary Ann Zollman, President, BVM Center PROCLAMATIONS th Sisters of Charity BVM 175 Anniversary Week (October 26 – November 1, 2008) Dubuque Weatherization Challenge Day (October 25, 2008) Veterans Appreciation Month (November 2008) Be a Santa to a Senior Month (November 2008) BVM 175th Weatherization Veterans Be a Santa to a AnniversaryChallenge DayAppreciation MonthSenior 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 Cable TV Teleprogramming Commission of 7/1, 8/5 and 9/1; City Council of 10/6 and 10/13; Civil Service Commission of 8/28; Housing Trust Fund Committee of 6/18 and 8/22; Human Rights Commission of 9/8; Plumbing Board of 10/8; Zoning Advisory Commission of 10/1; Zoning Board of Adjustment of 8/28 and 9/25 Proofs of publication of City Council proceedings of September 15 and 18, 2008 and October 1, 2008 Suggested Disposition: Receive and File Cable TV - 7/1Cable TV - 8/5Cable TV - 9/2City Council - 10/6City Council - 10/13Civil Service Hsg Trust Fd - 6/18Hsg Trust Fd - 8/22Human RightsPlumbing BdZoning AdvisoryZBA - 8/28 ZBA - 9/25 2. Notice of Claims/Suits Teri Noel for property damage; Kevin and Heather Sargent for vehicle 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: Kevin and Heather Sargent for vehicle damage; Jane Spurling for vehicle damage. City Attorney recommending that the claim of Teri Noel for property damage be referred to Tricor Insurance and Financial Services, insurer for Fred Jackson Tuckpointing. Suggested Disposition: Receive and File; Concur 2 Claims - ICAPClaim - Referred 3. Civil Service Commission Loras Kluesner submitting his resignation from the Civil Service Commission effective immediately (October 3, 2008). Suggested Disposition: Receive and File; Accept Resignation Civil Service Ltr 4. Alternative Service Concepts (ASC) Fee Renewal – Workers’ Compensation City Manager recommending approval of the renewal rates from Alternative Service Concepts (ASC) for the City’s workers’ compensation claims administrator. Suggested Disposition: Receive and File; Approve Workers Comp - Alternative Services Workers Comp - MVM Staff MemoProposal Memo 5. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts City Manager recommending approval of the submission of delinquent water, sewer, refuse and stormwater collection accounts to the Dubuque County Treasurer. RESOLUTION Adopting the Schedule of Assessments for delinquent water, 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 6. Canadian Pacific Railroad Communication from Fred Green, President and CEO of Canadian Pacific Railroad, advising that the US Surface Transportation Board has approved Canadian Pacific’s application to acquire control of the Dakota, Minnesota & Eastern (DM&E) and the Iowa, Chicago & Eastern (IC&E) Railroads. 3 Suggested Disposition: Receive and File Canadian Pacific Ltr 7. Citizen Communication Communication from Greg and Peggy Stover, 1145 Locust Street, requesting to vacate th and purchase a piece of City-owned land at the base of the retaining wall located at 11 Street. Suggested Disposition: Receive and File; Refer to City Manager Stover Ltr 8. Iowa Department of Public Health Communication from the Iowa Department of Pubic Health advising that the US Public Health Service Centers for Disease Control has recognized the City’s Water Department staff for consistently maintaining the fluoride level in the water system within the range considered optimum for the prevention of tooth decay. Suggested Disposition: Receive and File IDPH Ltr / Award 9. Plat of Survey – Fountain Hill Subdivision No. 3 Zoning Advisory Commission recommending approval of the Plat of Survey of Fountain Hill Subdivision No. 3, located north of Roosevelt Road, as requested by Dave Schneider. RESOLUTION Approving the Plat of Survey of Fountain Hill Subdivision No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Fountain Hill - ZAC Fountain Hill - Staff Fountain Hill - Vicinity Fountain Hill - Fountain Hill - Plat LtrMemoMapResolution 4 10. Final Plat – Graf Farm Subdivision Zoning Advisory Commission recommending approval of the Final Plat of Graf Farm Subdivision, located on Humke Road in Dubuque County, as requested by James Graf. RESOLUTION Approving the final plat of Graf Farm Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Graf Farm - ZAC LtrGraf Farm - Staff Graf Farm - Vicinity Graf Farm - Graf Farm - Plat MemoMapResolution 11. Federal Building – Exterior Window Lead Abatement Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project City Manager recommending acceptance of the Federal Building Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project as completed by Tricon General Construction. RESOLUTION Accepting the Federal Building Exterior Window Lead Paint Removal and Painting, and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal and Painting Project Suggested Disposition: Receive and File; Adopt Resolution Federal Bldg - MVM Federal Bldg - Staff Federal Bldg - MemoMemoResolution 12. Plymouth Court Sanitary Sewer Extension Project City Manager recommending acceptance of the Plymouth Court Sanitary Sewer Extension Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $69,792.34. RESOLUTION Accepting the Plymouth Court Sanitary Sewer Extension Project Suggested Disposition: Receive and File; Adopt Resolution Plymouth Ct - MVM Plymouth Ct - Staff Plymouth Ct - MemoMemoResolution 5 13. Rhomberg Avenue Alley Sanitary Sewer Reconstruction Project City Manager recommending acceptance of the Rhomberg Avenue Alley Sanitary Sewer Reconstruction Project as completed by Top Grade Excavating, Inc., in the final contract amount of $72,962.64. RESOLUTION Accepting the Rhomberg Avenue Alley Sanitary Sewer Extension Project Suggested Disposition: Receive and File; Adopt Resolution Rhomberg - MVM Rhomberg - Staff Rhomberg - MemoMemoResolution 14. Bee Branch Creek Restoration Project – Purchase of Property Owned by Junnie and Rich’s Coin Partnership City Manager recommending approval of the acquisition of real estate owned by Junnie and Rich’s Coin Partnership in connection with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate owned by Junnie and Rich’s Coin Partnership in the City of Dubuque, Iowa (Lot 319) RESOLUTION Approving the acquisition of real estate owned by Junnie and Rich’s Coin Partnership in the City of Dubuque, Iowa (Lot 353) Suggested Disposition: Receive and File; Adopt Resolutions Junnie and Rich - Junnie & Rich - Staff Junnie & Rich - Junnie & Rich - MVM MemoMemoResolution #1Resolution #2 15. Bee Branch Creek Restoration Project – Purchase of Property Owned by Milton E. Schwartz City Manager recommending approval of the acquisition of real estate owned by Milton E. Schwartz in connection with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate owned by Milton E. Schwartz in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Schwartz - MVM Schwartz - Staff Schwartz - MemoMemoResolution 6 16. Bee Branch Creek Restoration Project – Purchase of Property Owned by G & S Real Estate City Manager recommending approval of the acquisition of real estate owned by G & S Real Estate in connection with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate owned by G & S Real Estate in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution G & S - MVM MemoG & S - Staff MemoG & S - Resolution 17. Purchase of Property – 2241 Prince Street City Manager recommending approval of the purchase of a residential dwelling located at 2241 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 2241 Prince Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 2241 Prince - MVM 2241 Prince - Staff 2241 Prince - MemoMemoResolution 18. Former Kephart Building Improvements – Consultant Selection City Manager recommending approval of the selection of The Durrant Group to provide architectural and construction administration services associated with the Kephart Building Improvement Project. Suggested Disposition: Receive and File; Approve Kephart Bldg - MVM Kephart Bldg - Staff MemoMemo 19. Iowa 32 (Southwest Arterial) – Request for Proposals City Manager recommending approval to initiate the Request for Proposals process for professional consultant services to complete the final design and to develop construction documents for the Iowa Highway 32 (Southwest Arterial) Project. Suggested Disposition: Receive and File; Approve 7 RFP - MVM MemoRFP - Staff Memo 20. Emergency Repairs of Retaining Wall at 1695 Garfield Avenue City Manager recommending approval of emergency repairs to the retaining wall at 1695 Garfield Avenue. RESOLUTION Authorizing emergency repairs to the retaining wall at 1695 Garfield Avenue Suggested Disposition: Receive and File; Adopt Resolution Retaining Wall - Retaining Wall - Retaining Wall - MVM Retaining Wall - Staff Retaining Wall - 9/3/02 Council PhotoAgreement MemoMemoResolutionMinutes Wall - 2002 Correspondence 21. Warehouse Cultural and Entertainment District Application Letters of support from the Arts and Cultural Affairs Advisory Commission, Dubuque Area Chamber of Commerce and the Convention and Visitors Bureau for the designation of the Warehouse District as a State Cultural and Entertainment District Suggested Disposition: Receive and File Ltrs of Support 22. Fiscal Year 2008 / 2009 School Resource Officer (SRO) Agreement City Manager recommending approval of the Fiscal Year 2008 / 2009 School Resource Officer Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Suggested Disposition: Receive and File; Approve SRO - MVM MemoSRO - Staff MemoSRO Agreement 8 23. General Obligation Bonds – Bee Branch Project – Series 2008A City Manager recommending approval of suggested proceedings to complete the action required for the issuance of not to exceed $3,885,000 General Obligation Bonds for the Bee Branch Project. RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement RESOLUTION Authorizing and providing for the issuance of $3,885,000 General Obligation Stormwater Bonds, Series 2008A and levying a tax to pay the bonds Suggested Disposition: Receive and File; Adopt Resolutions Series 2008A - Noth Series 2008A - MVM Series 2008A - Staff Series 2008A - Series 2008A - Ltr MemoMemoResolution #1Resolution #2 24. General Obligation Bonds – Greater Downtown Urban Renewal District – Series 2008B City Manager recommending approval of suggested proceedings to complete the action required for the issuance of $3,290,000 to provide funds for the Library Renovation Project and the Kephart Building renovations. RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement RESOLUTION Authorizing and providing for the issuance of $3,290,000 General Obligations Bonds Suggested Disposition: Receive and File; Adopt Resolutions Series 2008B - Noth Series 2008B - MVM Series 2008B - Staff Series 2008B - Series 2008B - Ltr MemoMemoResolution #1Resolution #2 25. General Obligation Bonds – Dubuque Industrial Center West Urban Renewal District – Series 2008C City Manager recommending approval of suggested proceedings to complete the action required for the issuance of $3,100,000 General Obligation Bonds to pay the costs associated with the North Siegert Farm demolition and grading project at the Dubuque Industrial Center West (DICW). 9 RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement RESOLUTION Authorizing and providing for the issuance of $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C, and levying a tax to pay the bonds Suggested Disposition: Receive and File; Adopt Resolutions Series 2008C - Noth Series 2008C - MVM Series 2008C - Staff Series 2008C - Series 2008C - Ltr MemoMemoResolution #1Resolution #2 26. Water Revenue Bonds – Series 2008D City Manager recommending approval of suggested proceedings to complete the action required for the issuance of $1,195,000 Water Revenue Bonds RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement RESOLUTION Relating to the issuance of Water Revenue Bonds by the City of Dubuque under the provisions of Chapter 384 of the Code of Iowa, authorizing and providing for the issuance and securing the payment of $1,195,000 Water Revenue Bonds, Series 2008D, and providing for a method of payment thereof, funding a debt service reserve fund, and related matters Suggested Disposition: Receive and File; Adopt Resolutions Series 2008D - Noth Series 2008D - MVM Series 2008D - Staff Series 2008D - Series 2008D - Ltr MemoMemoResolution #1Resolution #2 27. PEG Capital Grant Expenditure Requests City Manager recommending approval of the Cable TV Tele-Programming Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $47,000 for Loras College to purchase equipment to produce programming in the field, and $6,000 for Dubuque Community School District to purchase a non-linear editing system. Suggested Disposition: Receive and File; Approve 10 PEG - MVM MemoPEG - Staff MemoLoras Grant DCSD Grant ApplicationApplication 28. Identity Theft Prevention Program City Manager recommending approval of the City’s Identity Theft Prevention Program as required by the Federal Trade Commission’s Red Flag Rules. Suggested Disposition: Receive and File; Approve Identity - MVM MemoIdentity - Staff Identity Theft MemoPrevention Program 29. Public Service Announcement (PSA) Agreement – Lamar Companies City Manager recommending approval of a Public Service Announcement Agreement with Lamar Companies. Suggested Disposition: Receive and File; Approve PSA - MVM MemoPSA - Staff MemoPSA Agreement 30. Lease Agreement with Lamar Companies City Manager recommending approval of a Lease Agreement with the Lamar Companies to allow them to remain on the Bricktown parking lot recently purchased by the City. Suggested Disposition: Receive and File; Approve Lease Agr - MVM Lease Agr - Staff Lamar Lease MemoMemoAgreement 31. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding City Manager recommending execution of a contract with the Dubuque County Board of Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP. Suggested Disposition: Receive and File; Approve IDPH - MVM MemoIDPH - Staff MemoCounty Bd of Health VNA AgreementIDPH Lead Contract Contract 11 32. Government Finance Officers Association Communication from the Government Finance Officers Association advising that Budget Director Jennifer M. Larson has been presented the Distinguished Budget Presentation Award. Suggested Disposition: Receive and File GFOA Ltr / Award 33. Business License Refund Request of L. Anthony Pfohl for a refund of the liquor license of The Julien Inn. Suggested Disposition: Receive and File; Approve 34. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette papers to Awn Stop Mart #3 RESOLUTION Granting the issuance of a Class “B” Beer Permit to Happy Joe’s and a Class “C” Beer Permit to Big 10 Mart and Awn Stop Mart #3 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Jumper’s Sports Bar, Channel Inn Restaurant, Rainbow Lounge, L. May, Europa Haus and Bierstube, and Fiesta Cancun Mexican Restaurant Suggested Disposition: Receive and File; Adopt Resolutions Resolution #2Resolution #3 Renewals - MVM Renewals - Staff Resolution #1 MemoMemo 12 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. First Amendment to Cooper Development, LLC Development Agreement City Manager recommending that a public hearing be set for November 3, 2008 on the loan assumption and the First Amendment to Agreement with Cooper Development, rd LLC to maintain the “Bricktown” parking lot located at the southeast corner of 3 Street and Locust Street. RESOLUTION Fixing date for a meeting on the authorization of a Loan Agreement between the City of Dubuque and Dubuque Initiatives and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/3/08 Cooper - MVM MemoCooper - Staff MemoCooper - ResolutionAmendment to Cooper - Agreement Parking Agreement 2. Fire Headquarters Green Roof Project City Manager recommending initiation of the public bidding process for the Fire Headquarters Green Roof Project and that a public hearing be set for November 3, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Fire Headquarters Green Roof Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/3/08 Roof - MVM MemoRoof - Staff MemoRoof - 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. Plumbing Board Two 3-year terms through November 2, 2011 (Master Plumber Requirement, Terms of Gonner and Willenborg) Applicants: Stanley Gonner, 485 O’Neill Street Harlan Willenborg, 3254 Lake Ridge Drive 13 Appointments to the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (Business/Professional, Live/Work in Cultural District) One 3-year term through June 30, 2008 (Term of Weber) Applicant: Julie Steffen, 2260 Coates Street, Employed with Prudential Financial Environmental Stewardship Advisory Commission (Held over from October 6, 2008 meeting) One 3-year term through October 1, 2011 (Term of O’Toole) Applicant: Edward Cawley, 598 Needham Place Marie Cigrand OSF, 1049 Rush Street (Additional Applicant) Brendan Houlihan, 2155 Morningview Road (Additional Applicant) ACAAC ApplicationESAC Applications Bd and Comm ListOverview SheetPlumbing Bd Applications 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 – Various Properties on University Avenue Proof of publication on notice of public hearing to consider a request from Carol Steckel to rezone property located at 2624, 2635, 2635 ½, 2638, 2644, 2645, 2648, 2649, 2653, 2654, 2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714 University Avenue and Lots 1-7, 8 and 9 of Lenox Addition and Zoning Advisory Commission recommending approval with the condition that Lots 1-7, 8 and 9 of Lenox Addition be excluded. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2624, 2635, 2635 ½, 2638, 2644, 2645, 2648, 2649, 2653, 2654, 2661, 2662, 2665, 2670, and Lots 1-7, 8 and 9 of 2685, 2688, 2691, 2696, 2698, 2714 University Avenue Lenox Addition from R-2 Two-Family Residential District to R-1 Single-Family Residential District Or ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2624, 2635, 2635 ½, 2638, 2644, 2645, 2648, 2649, 2653, 2654, 2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714 University Avenue from R-2 Two-Family Residential District to R-1 Single-Family Residential District 14 Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote) University - ZAC LtrUniversity - University - University - Staff University - Vicinity University - Street ApplicationDocumentationReportMapMap University - University - Suggested Motion Ordinance #1Ordinance #2 2. Request to Rezone – Grady Family Trust / Betty Pothoff Proof of publication on notice of public hearing to consider a request from Grady Family Trust / Betty Pothoff to rezone property located on Middle Road, west of Seippel Road, from County R-2 to City AG Agricultural with an RROD Rural Residential Overlay designation, in conjunction with annexation, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north of Middle Road from Dubuque County R-2 Single-Family Residential District to City of Dubuque AG Agricultural District with an RROD Rural Residential Overlay District Designation, concurrent with annexation Suggested Disposition: Receive and File; Motion B; Motion A Pothoff - ZAC LtrPothoff - ApplicationPothoff - Vicinity MapPothoff - Staff Pothoff - Rezoning Pothoff - Rezoning ReportMap #1Map #2 Pothoff - OrdinanceSuggested Motion 3. Request to Rezone – Al and Theresa Merkes Proof of publication on notice of public hearing to consider a request from Al and Theresa Merkes to rezone property located on Middle Road, west of Seippel Road, from County R-1, R-2 and C-1 to City AG Agricultural with an RROD Rural Residential Overlay designation, in conjunction with annexation, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south and north of Middle Road from Dubuque County R-1 Rural Residential District, R-2 Single- Family Residential District and C-1 Conservancy District to City of Dubuque AG Agricultural District with an RROD Rural Residential Overlay District Designation, concurrent with annexation 15 Suggested Disposition: Receive and File; Motion B; Motion A Merkes - ZAC LtrMerkes - ApplicationMerkes - Vicinity MapMerkes - Staff Merkes - Rezoning Merkes - Rezoning ReportMap #1Map #2 Merkes - OrdinanceSuggested Motion 4. Request to Rezone – Kerry Bowman Proof of publication on notice of public hearing to consider a request from Kerry Bowman to rezone property located at 15615 Middle Road from County R-1 to City AG Agricultural with an RROD Rural Residential Overlay designation, in conjunction with annexation, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 15615 Middle Road from Dubuque County R-1 Rural Residential District to City of Dubuque AG Agricultural District with an RROD rural Residential Overlay District designation, concurrent with annexation Suggested Disposition: Receive and File; Motion B; Motion A Bowman - ZAC LtrBowman - ApplicationBowman - Vicinity Bowman - Staff Bowman - Rezoning Bowman - Rezoning MapReportMap #1Map #2 Bowman - OrdinanceSuggested Motion 5. Request to Rezone – Elaine Kelly City Manager recommending that the rezoning request for property owned by Elaine Kelly at 13910 Whistlewind Lane be tabled until the November 3, 2008 City Council meeting. Suggested Disposition: Receive and File; Table Rezoning - MVM Rezoning - Staff Memo Memo 16 6. Request for Text Amendment – City of Dubuque Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the CS Commercial Service and Wholesale, LI Light Industrial, MHI Modified Heavy Industrial, and HI Heavy Industrial Districts to allow “Passenger Transfer Facility” as a permitted use and as a conditional use in the C-3 General Commercial, C-4 Downtown Commercial and the C-5 Central Business Districts and Zoning Advisory Commission recommending approval. ORDINANCE Amending Sections 3-3.3(D), 3-3.4(D) and 3-3.5(D) of Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding passenger transfer facilities as a conditional use In the C-3 General Commercial, C-4 Downtown Commercial and C-5 Central Business Districts ORDINANCE Amending Sections 3-3.6(B), 3-4.1(B), 3-4.2(B) and 3-4.4(B) of Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding passenger transfer facilities as a permitted use in the CS Commercial Service and Wholesale, LI Light Industrial, HI Heavy Industrial and MHI Modified Heavy Industrial Districts. Suggested Disposition: Receive and File; Motion B; Motion A Amendment - ZAC Amendment - Amendment - Staff Amendment - Amendment - Suggested Motion LtrApplicationMemoOrdinance #1Ordinance #2 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. Request to Address the City Council – Brian Dorn Communication from Brian Dorn to address the City Council regarding the Groveland Place Project. Suggested Disposition: Receive and File; Council Dorn Ltr 17 2. Adult Entertainment Ordinance Assistant City Attorney recommending that the current Adult Entertainment Ordinance be rescinded and a new Adult Entertainment Ordinance be adopted. ORDINANCE Amending Chapter 31, Licenses and Miscellaneous Business Regulations, of the City of Dubuque Code of Ordinances by repealing Article X and replacing it with a new Article X, Containing Sections 31.140 through 31.160, Establishing Licensing Requirements and Regulations for Adult Entertainment Establishments within the City of Dubuque Suggested Disposition: Receive and File; Motion B; Motion A Ordinance - O'Brien Adult Entertainment Suggested Motion Ltr Ordinance 3. Carnegie Stout Public Library Renovation Project City Manager recommending award of the public improvement contracts 1-5, 7, 9, 10 and 12 contingent upon negotiation and execution of an agreement with the Library Board of Trustees and the Library Foundation Board of Directors and rejecting the bids and ordering re-advertisement for contracts 6 and 8 for the Carnegie Stout Public Library Reconstruction Project. RESOLUTION Awarding public improvement contracts for the Carnegie Stout Public Library Renovation Project RESOLUTION Rejecting the contract bid proposals for Contract No. 6 and Contract No. 8 for the Carnegie Stout Public Library Renovation Project and order that Contract No. 6 and Contract No. 8 be re-advertised for bids Suggested Disposition: Receive and File; Adopt Resolutions Library - MVM MemoLibrary - Staff MemoLibrary - Award Library - Re-Initiate Durrant Group Durrant Bid Tally ResolutionResolutionRecommendation Curtis Collection Annual Pledge Payments 4. Dubuque Industrial Center Economic Development District City Manager recommending approval of an amendment to the Dubuque Industrial Center Economic Development Tax Increment Financing Ordinance. ORDINANCE Amending Ordinance No. 66-97, Providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the 18 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 Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project Suggested Disposition: Receive and File; Motion B; Motion A District - MVM MemoDistrict - Staff MemoDistrict - TIF Suggested Motion Ordinance 5. Door-to-Door Sales License Ordinance City Manager recommending adoption of a licensing requirement for door-to-door sales. ORDINANCE Establishing the requirement of a license for engaging in door-to-door sales Suggested Disposition: Receive and File; Motion B; Motion A License - MVM Memo License - BAL MemoDoor-to-Door Sales Suggested Motion Ordinance 6. National League of Cities Communication from the National League of Cities requesting that the City name a voting delegate and alternate for the upcoming Congress of Cities Annual Business Meeting. Suggested Disposition: Receive and File; Council NLC Ltr 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. Jeanne F. Schneider October 16, 2008 19