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2 18 08 City Council Agenda - No Icons ROLL CALL ORDER FOR MEETING OF 2/18/08 JONES LYNCH RESNICK VOETBERG BRAIG BUOL CONNORS CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, FEBRUARY 18, 2008 PLEDGE OF ALLEGIANCE INVOCATION Sheila Rudin, Temple Beth El PROCLAMATIONS Friendship Force Day (March 1, 2008) 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 12/17; City Council of 2/4 and 2/11; Human Rights Commission of 1/14; Zoning Advisory Commission of 1/30; Zoning Board of Adjustment of 1/24 Proof of publication of City Council Proceedings for January 22, 2008 Printed City Council Proceedings for 2006 Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Suits Rosemarie Orbell for vehicle damage; Ben Otten for vehicle damage; Katherine E. Kluesner vs. City of Dubuque; Kyle Coohey 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: Rosemarie Orbell for vehicle damage Suggested Disposition: Receive and File; Concur 3. Bunker Hill Golf Course Management Agreement City Manager recommending approval of the management agreement with G.M.S., Inc., (George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1 through November 30, 2008. Suggested Disposition: Receive and File; Approve 4. East-West Corridor Connectivity Study City Manager recommending approval of the selection of HDR for engineering services to complete the East - West Corridor Connectivity Study. Suggested Disposition: Receive and File; Approve 5. Payment Enhancements for Ambulance Service City Manager recommending approval of additional alternatives for paying ambulance bills through website access and use of credit and debit cards. Suggested Disposition: Receive and File; Approve 6. Port of Dubuque Adams Development, LLC City Manager recommending approval of the Assignment of Development Agreement between the City of Dubuque, Port of Dubuque Adams Development, LLC and the Durrant Group, LLC to Dubuque Bank and Trust Company. Suggested Disposition: Receive and File; Approve 7. Teamsters Local Union No. 421 City Manager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the Teamsters Local Union No. 421. RESOLUTIONS Approving the Agreement between the City of Dubuque, Iowa and the Teamsters Local Union No. 421 and authorizing the Mayor to sign the Agreement Suggested Disposition: Receive and File; Adopt Resolution 2 8. Historic Preservation Commission Michael Coty submitting his resignation from the Historic Preservation Commission, effective immediately. Suggested Disposition: Receive and File; Accept Resignation 9. 2007 Urban Revitalization Program Applications City Manager recommending approval of 2007 Urban Revitalization Program applications for residential property tax exemption. RESOLUTION Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor Suggested Disposition: Receive and File; Adopt Resolution 10. Arts and Cultural Entertainment District City Manager recommending approval of submitting a request to the Iowa Department of Cultural Affairs for expansion of the Arts and Cultural Entertainment District to include the Warehouse District. RESOLUTION Expanding the Dubuque Arts and Cultural Entertainment District Suggested Disposition: Receive and File; Adopt Resolution 11. Washington Court/Crescent Community Health Center – Warranty Deed City Manager recommending acceptance of the warranty deed from Washington Court, L.P., and Pine Box, L.L.L.P., related to the property exchange for the parking lot of the Crescent Community Health Center project. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Washington Court, L.P. and Pine Box, L.L.L.P. Suggested Disposition: Receive and File; Adopt Resolution 12. Center on Sustainable Communities – Certified Sustainable Professional City Manager advising that Building Services Manager Rich Russell has passed the Building and Sustainable Iowa Workshop test and is now a “COCS Certified Sustainable Professional.” Suggested Disposition: Receive and File 13. Liquor License Transfer Application of the Julien Inn to temporarily transfer their liquor license from 200 Main Street to 700 White Street on February 19, 2008. Suggested Disposition: Receive and File; Approve 3 14. Liquor License Refunds Request of Kevin Seymour, Rudy’s Tacos, for a refund of Liquor License #LC0034830 in the amount of $422.50. Request of Carroll’s Wine Company for a refund of Liquor License #BW0092187 in the amount of $253.13. Request of Pat Broessel, Corner Tap, for a refund of Liquor License #LC25829 in the amount of $211.25. Suggested Disposition: Receive and File; Approve 15. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Beer Permit to Econo Foods, Lee’s 76 West Locust Mart, Hy-Vee Gas #3 and Hy-Vee #3 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Gin Rickeys, Isabella’s at the Ryan House, Bootleggers Pub, The Club House, Tony’s Place, Dubuque Mining Company, and Mr. Rogers Pub; Special Class “C” Liquor License to Pusateri’s; Class “B” Wine Permit to Econo Foods and Hy-Vee #3; and Class ”WBN” Native Wine to Hy-Vee Gas #3 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. Carnegie-Stout Public Library Renovation Project (Tabled on January 22, 2008) Library Board of Trustees recommending initiation of the public bidding procedure for the Carnegie-Stout Public Library Renovation Project and that a public hearing be set for March 3, 2008. City Manager recommending that the request from the Library Board of Trustees to initiate the public bidding procedure for the Carnegie-Stout Public Library Renovation Project not be approved until the funds have been raised to complete the project. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Remove from Table; Council 4 2. Iowa Wireless Services, LLC City Manager recommending that a public hearing be set for March 3, 2008 to consider a proposed lease of space to Iowa Wireless Services, LLC for a telecommunication antenna facility in Madison Park. RESOLUTION of Intent to dispose of an interest in real property owned by the City of Dubuque by lease agreement between the City of Dubuque, Iowa and Iowa Wireless Services, LLC for the installation and operation of a wireless telecommunication antenna facility Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/3/08 3. Cleveland Avenue Reconstruction Project City Manager recommending preliminary approval of the construction plans and specifications for the Cleveland Avenue Reconstruction Project, using the City standard width for collector streets of 37 feet, approval of the Resolution of Necessity and the Preliminary Schedule of Assessments, and that a public hearing be set for March 3, 2008. 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; and ordering bids for the Cleveland Avenue Reconstruction Project RESOLUTION Approving the plat, preliminary schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity RESOLUTION of Necessity for the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/3/08 nd 4. West 32 Street Detention Basin Project nd City Manager recommending initiation of the public bidding process for the West 32 Street Detention Basin Project and that a public hearing be set for March 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 on plans, specifications, form of contract, nd and estimated cost; and ordering bids for the West 32 Street Detention Basin Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/3/08 5 5. ITC Development Agreement City Manager recommending that a public hearing be set for March 3, 2008 to consider the disposition of approximately 12.951 acres in Dubuque Industrial Center West to ITC Holdings Corporation and approval of a Development Agreement. RESOLUTION Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with ITC Holdings Corporation, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/3/08 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. Community Development Advisory Commission (Three 3-year terms through February 15, 2011 – Two Low/Moderate Income Area; One At-Large [Terms of Oliver, Shaw, Craddieth) Applicants: Ann Michalski (At-Large), David Shaw (Low/Moderate), Janice Craddieth (Low/Moderate) 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. Cable Television Franchise Agreement Proof of publication on notice of public hearing to consider an amendment to the Cable Television Franchise Agreement to add Sageville School to the Institutional Network and approving a separate agreement between the City, Dubuque Community School District and Mediacom that details the terms of adding Sageville School to the I-Net and City Manager recommending approval. ORDINANCE Approving the Third Amendment to the Cable Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC Suggested Disposition: Receive and File; Motion B; Motion A 6 2. Windsor Avenue Storm Sewer Construction Project Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Windsor Avenue Storm Sewer Construction Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Windsor Avenue Storm Sewer Construction Project Suggested Disposition: Receive and File; Adopt Resolutions 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. Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD) Amendment (First Reading on February 4, 2008) City Manager providing additional information on the Medical Associates Clinic PUD Amendment and City Council actions on PUD amendment requests over the past five years. Communications from Tim and Georgia Schmitt, 2575 Donovan Drive; Eric Kaufmann, owner of 3814 Cora Drive; Emily K. Bush and Marcus J. Albers, 3828 Cora Drive; Rick Stumpf, 3840 Cora Drive; Joan Steve, 3910 Cora Drive; Dorothy Stumpf, 3840 Cora Drive; Joe Hallahan, 79 Diagonal Street; Dianne Glanz, 1305 North Grandview; Mary Pat Kerper, 3830 Cora Drive; A.J. Kerper, 240 Devon Drive; and Larry Stumpf in opposition to the proposed rezoning. 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; Concur with Denial; or Motion B; Motion A 2. Dubuque Regional Airport Terminal Relocation Project City Manager recommending that the fair market value for property at 10719 Merlin Lane, which is needed for the Dubuque Regional Airport Terminal Relocation Project, be established at $809,000. RESOLUTION Establishing the Fair Market Value of real property at 10719 Merlin Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey Bradley, and Brian Bradley Suggested Disposition: Receive and File; Adopt Resolution 7 3. Liquor License Application – Players Bar and Grill City Manager recommending that the current license for Players Bar and Grill be allowed to continue past the expiration date of March 5, 2008, allowing for a sixty-day review period. Suggested Disposition: Receive and File; Approve 4. Fiscal Year 2009 – 2013 Street Construction Program City Manager recommending approval of the Fiscal Year 2009 – 2013 Street Construction Program. RESOLUTION Adopting the Fiscal Year 2009 – 2013 Street Construction Program Suggested Disposition: Receive and File; Adopt Resolution 5. Multi-Function Printer-Copier-Scanner-Fax Vendor City Manager recommending approval of the selection of Solutions Management Group (SMG) to provide the multifunction printer-copier-scanner-fax machines for the City. Suggested Disposition: Receive and File; Approve 6. Parking Ordinance City Manager recommending approval of an ordinance for no parking on the west side of Iowa Street between Sixth and Seventh Streets to accommodate the new KeyLine transfer point, and to add parking meters to the previous site in the 900 block of Main Street. ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-321.666 Municipal Parking Meter District Established by amending the north – south streets in the District from Main Street, both sides, between Tenth Street and Loras Boulevard to Main Street, both sides, between Ninth Street and Loras Boulevard and the east – west streets in the District from Ninth Street, south side, between Locust Street and the alley west of Main Street to Ninth Street, south side, between Locust Street and Main Street ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-321.602 Parking Prohibited on Designated Streets or Portions Thereof Suggested Disposition: Receive and File; Motion B; Motion A 7. Concealed Weapons Ordinance City Manager recommending approval of a revision to the Code of Ordinances regarding carrying concealed weapons. ORDINANCE Amending City of Dubuque Code of Ordinances Section 33-10 Carrying Concealed Weapon by deleting from the description of weapons a knife and by adding exceptions to such offense Suggested Disposition: Receive and File; Motion B; Motion A 8 8. Water Pollution Control Plant Work Session City Manager recommending that the work session regarding the Water Pollution Control Plant Renovation Study upgrade be rescheduled from March 31, 2008 to April 14, 2008. Suggested Disposition: Receive and File; Approve COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa Jeanne F. Schneider February 14, 2008 9