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6 2 08 City Council Agenda - No Icons ROLL CALL ORDER FOR MEETING OF 6 2 08 BRAIG BUOL CONNORS JONES LYNCH RESNICK VOETBERG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, JUNE 2, 2008 PLEDGE OF ALLEGIANCE INVOCATION Pastor Jennifer Meyer, Center Grove United Methodist Church. 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 4/22 and 5/20; City Council 5/19; Enterprise Zone of 5/15; Transit Board of 5/8 Proofs of publication of City Council Proceedings of May 5, 2008 and List of Claims and Summary of Revenues for Month Ending April 30, 2008 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Neil and Beth Pitman for property damage; Todd Wessels for property damage; Neil Pitman 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: Marion O’Mara for property damage; Todd Wessels for property damage; Neil Pitman for property damage; Spring Connolly for personal injury/property damage City Attorney recommending that the claim of Tim Kelly for vehicle damage be referred to Fondell Excavating. Suggested Disposition: Receive and File; Concur 3. Purchase of Service Agreement – America’s River Corporation City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the America’s River Corporation in the amount of $10,000. Suggested Disposition: Receive and File; Approve 4. Purchase of Service Agreement – Dubuque Area Chamber of Commerce Convention and Visitors Bureau City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of $772,453. Suggested Disposition: Receive and File; Approve 5. Purchase of Service Agreement – Dubuque Area Labor Management Council City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Dubuque Area Labor Management Council in the amount of $15,968. Suggested Disposition: Receive and File; Approve 6. Purchase of Service Agreement – Dubuque Main Street City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Dubuque Main Street in the amount of $57,550. Suggested Disposition: Receive and File; Approve 7. Purchase of Service Agreement – Every Child Every Promise City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Every Child Every Promise in the amount of $25,000. Suggested Disposition: Receive and File; Approve 8. Purchase of Service Agreement – Greater Dubuque Development Corporation City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $270,613. Suggested Disposition: Receive and File; Approve 2 9. Purchase of Service Agreement – Helping Services of Northeast Iowa, Inc. City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc., in the amount of $2,147. Suggested Disposition: Receive and File; Approve 10. Purchase of Service Agreement – Hills and Dales Senior Programs City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Hills and Dales in the amount of $25,000 for a Senior Center. Suggested Disposition: Receive and File; Approve 11. Purchase of Service Agreement – NICC Northeast Iowa Business Accelerator Business Plan City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Northeast Iowa Community College in the amount of $5,000 for the Business Accelerator Business Plan. Suggested Disposition: Receive and File; Approve 12. Purchase of Service Agreement – Operation: New View Community Action Agency City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Operation: New View Community Action Agency in the amount of $18,257. Suggested Disposition: Receive and File; Approve 13. Purchase of Service Agreement – Project Concern Foster Grandparent Program City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grandparent Program. Suggested Disposition: Receive and File; Approve 14. Purchase of Service Agreement – Project Concern Information and Referral and Child Care Referral City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with Project Concern in the amount of $25,821 for the Information and Referral and Child Care Referral programs. Suggested Disposition: Receive and File; Approve 15. Purchase of Service Agreement – Retired and Senior Volunteer Program City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Retired and Senior Volunteer Program in the amount of $7,341. Suggested Disposition: Receive and File; Approve 3 16. Purchase of Service Agreement – Substance Abuse Services Center City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Substance Abuse Services Center in the amount of $13,605. Suggested Disposition: Receive and File; Approve 17. Purchase of Service Agreement – Washington Tool Library City Manager recommending approval of a Fiscal Year 2009 Purchase of Service Agreement with the Washington Tool Library in the amount of $15,500. Suggested Disposition: Receive and File; Approve 18. Pennsylvania Avenue Improvements – Traffic Safety Grant City Manager recommending approval of the submission of a $500,000 grant application for Traffic Safety Improvement Program funding for the Pennsylvania Avenue Improvements Project. RESOLUTION Authorizing the filing of a grant application for Traffic Safety Improvement Funding for the City of Dubuque Pennsylvania Avenue Improvements (IA 32 to Vizaleea Drive) Suggested Disposition: Receive and File; Adopt Resolution 19. Local Television Programming Mayor Buol submitting correspondence to the FCC regarding possible changes in local television programming regulations. Suggested Disposition: Receive and File 20. Community Oriented Policing Secure Our Schools Grant City Manager recommending submit of a FY2008 Community Oriented Policing Secure Our Schools Grant for the purpose of obtaining grant funding for school security measures. Suggested Disposition: Receive and File; Approve 21. Dubuque Industrial Center West 4th Addition City Manager recommending approval of the subdivision of property at Dubuque Industrial Center West to facilitate the Vanguard Countertops project. RESOLUTION Approving plat of survey of Lot 1 of 4 and Lot 2 of 4, Dubuque Industrial Center West 4th Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 22. Groveland Place Sanitary Sewer Reconstruction Project City Manager recommending award of the contract for the Groveland Place Sanitary Sewer Reconstruction Project to Arensdorf Excavating & Trucking in the amount of $53,809.08. 4 RESOLUTION Awarding public improvement contract for the Groveland Sanitary Sewer Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution 23. Request for Proposals – Water Meter Review and Testing City Manager recommending approval of the issuance of a Request for Proposals for the Water Meter Review and Testing program. Suggested Disposition: Receive and File; Approve 24. GIS Software Agreement City Manager recommending approval to enter into an Enterprise License Agreement with Environmental Systems Research Institute, Inc. (ESRI), the City’s GIS software provider. Suggested Disposition: Receive and File; Approve 25. Work Session – Bluffland Advisory Committee City Manager transmitting material from the Bluffland Advisory Committee for the June 9, 2008 worksession. Suggested Disposition: Receive and File 26. Asbury Business Plaza – Final Plat City Manager recommending approval of a 180-day extension for the final plat of Asbury Business Plaza. RESOLUTION Re-approving the final plat of Asbury Plaza Business Park First Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 27. Amendment to Siegert Farm Lease City Manager recommending approval of an amendment to the farm lease with William and Janet Siegert for the North Siegert Farm. RESOLUTION Approving an amendment to the farm lease between the City of Dubuque and William and Janet Siegert Suggested Disposition: Receive and File; Adopt Resolution 28. Legislative Correspondence Communication from Mayor Roy Buol, et al, to Senator Charles Grassley urging support of the Lieberman-Warner Climate Security Act of 2007 and legislation providing direct resources for local government actions that reduce greenhouse gas emissions. Suggested Disposition: Receive and File 5 29. Water Pollution Control Plant Facility Plan City Manager recommending approval for Strand Associates to submit the Water Pollution Control Plant Facility Plan to the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve 30. Government Finance Officers Association Communication from the Government Finance Officers Association advising that the City’s Annual Financial Report (CAFR) qualifies for a Certificate of Achievement for Excellence in Financial Reporting. Suggested Disposition: Receive and File 31. Signed Contracts City Manager reporting signed contracts for the 2008 Catch Basin Reconstruction project, East Dubuque Excavation Project, Sutton Pool Parking Lot Resurfacing Project and the Hillcrest Family Services Parking Lot Lease Agreement. Suggested Disposition: Receive and File; Approve 32. Liquor License Transfer The Rotary Club requesting a transfer of their liquor license to the A.Y. McDonald Park – Hawthorne Street on June 11, 2008 for the ARC Games. Suggested Disposition: Receive and File; Approve 33. Liquor License Renewals City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Beer Permit to McCann’s Service, Inc. RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Fischer Lanes and Kalmes Breaktime Bar (One-day outdoor service) and a Special Class “C” Liquor License to Dubuque Jaycees (Two five-day special events) 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 City Property West of Shiras Avenue City Manager recommending that a public hearing be set for June 16, 2008 to consider a request from Kevin and Paula Wade to purchase a portion of City-owned property adjacent to 2290 Shiras Avenue. RESOLUTION Of intent to dispose of City interest in Lot 2 of Park View No. 2 in the City of Dubuque, Dubuque County, Iowa 6 Suggested Disposition: Receive and File, Adopt Resolution; Public Hearing 6/16/08 2. Locust Connector and Central Avenue Traffic Control Camera and Fiber Optic Project City Manager recommending initiation of the public bidding process for the Locust Connector and Central Avenue Traffic Control Camera and Fiber Optic Project and that a public hearing be set for June 16, 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 Locust Connector and Central Avenue Traffic Control Camera and Fiber Optic Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/16/08 3. Sewer Revenue Capital Loan Notes City Manager recommending that a public hearing be set for June 16, 2008 to consider the issuance of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) for construction of the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements, Phase I Sanitary Sewer Project. RESOLUTION Fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/16/08 4. Bricktown Parking Lot City Manager recommending that a public hearing be set for June 16, 2008 to consider approval of financing to purchase the Bricktown Parking Lot located on the southeast corner of Locust and Third 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 6/16/08 7 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. Historic Preservation Commission Two 3-year expiring terms through July 1, 2011 (Terms of Wand, Architect/At-Large; and Wainwright, Langworthy District) One 3-year vacant term through July 1, 2012 (Term of Coty, Cathedral District) Applicant: Chris Wand, 940 Mt. Pleasant Street (Architect/At-Large requirement) Investment Oversight Advisory Commission One 3-year expiring term through July 1, 2011 (Term of Blocker) Applicant: Virgil Blocker, 1850 Carter Road Long Range Planning Advisory Commission Two 3-year expiring terms through July 1, 2011 (Terms of Krueger and Oswald) Applicants: Lou Oswald, 1080 Nowata Street Richard Van Iten, 3273 Bittersweet Lane Alan Vincent, 1010 Dunham Drive Park and Recreation Advisory Commission Three 3-year expiring terms through June 30, 2011 (Terms of Blocklinger, Daykin, and Nadeau) Applicants: Mark Noble, 1810 Rosemont Tom Blocklinger, 3177 Erie Court Evelyn Nadeau, 663 Fenelon Place TV Cable Community Teleprogramming Commission Three 3-year expired terms through June 30, 2011 (Terms of Maloney, Herrig, and Hoverman) Applicant: Pauline Maloney, 506 St. George Street TV Cable Regulatory Commission Two 3-year expiring terms through July 30, 2011 (Terms of Tigges and Webster) Applicants: Kenneth Miller, 195 Julien Dubuque Drive Walt Webster, 3509 Asbury Road 8 Zoning Advisory Commission Three 3-year expiring terms through July 1, 2008 (Terms of Christ, Schiltz and Smith) One 3-year vacant term through July 1, 2010 (Term of Bird) Applicants: Martha Christ, 88 Princeton Thomas Henschel, 995 June Drive Richard Schiltz, 2381 Carter Road Ron Smith, 1640 Justin Lane Ferd Nesler, 4125 Mt. Alpine Street Appointments to the following Boards/Commissions: Electrical Code Board Three 3-year expired terms through May 21, 2011 (Terms of Mueller, Reiss, Pfohl) Electrical experience requirement Applicants: (Additional Applicant) Ronald Mueller, 855 Salem Street Elaine Reiss, 2222 Roosevelt Street Kevin Pfohl, 1878 Hummingbird Drive Housing Code Appeals Board Two 3-year, vacant terms through January 11, 2009, and January 11, 2011 (Terms of Durley and Moore respectively) Applicant: Paul Newman, 2317 Queen Street 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. Historic Designation – 216 Clarke Drive Proof of publication on notice of public hearing to consider Long Range Planning Advisory Commission recommending approval of the Individual Historic Designation of 216 Clarke Drive. Communication from the State Historical Society of Iowa regarding the individual designation of 216 Clarke Drive. Historic Preservation Commission recommending approval of the application of Charles Walter and Barbara Zoellner for Individual Historic Designation for property located at 216 Clarke Drive. ORDINANCE Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14(2) Establishing an Individually Designated Historic Property at 216 Clarke Drive Suggested Disposition: Receive and File; Motion B; Motion A 9 2. Development Agreement – Vanguard Countertops, Inc. Proof of publication on notice of public hearing to consider approval of a Development Agreement and the disposal of land to Maylay Holdings, LLC for an office/manufacturing complex for Vanguard Countertops, Inc. and City Manager recommending approval. RESOLUTION Approving a Development Agreement providing for the sale of 3.555 acres in the Dubuque Industrial Center West to Maylay Holdings, LLC Suggested Disposition: Receive and File; Adopt Resolution 3. Washington Neighborhood and Salvia House Urban Revitalization Areas Proof of publication on notice of public hearing to consider an amendment to the Washington Neighborhood Urban Revitalization Area Plan and adoption of Salvia House Urban Revitalization Area Plan and City Manager recommending approval. Long Range Planning Commission submitting correspondence regarding the Salvia House Urban Revitalization Plan. ORDINANCE Amending the existing Washington Neighborhood Urban Revitalization Area plan pursuant to Chapter 404 of the Code of Iowa ORDINANCE Establishing the Salvia House Urban Revitalization Area as an Urban Revitalization Area pursuant to chapter 404 of the Code of Iowa Suggested Disposition: Receive and File; Motion B; Motion A 4. Individually Designated Historic Property – 40-42 Main Street Proof of publication on notice of public hearing to consider the application for Individual Historic Designation of 40-42 Main Street and City Manager recommending approval. Communication from the Chris Miller regarding the application for Individually Designated Historic Property at 40-42 Main Street. ORDINANCE Approving Individual Historic Designation for property located at 40-42 Main Street Suggested Disposition: Receive and File; Motion B; Motion A 5. 2008 Asphalt Paving Program Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the 2008 Asphalt Paving Program and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 2008 Asphalt Paving Program Suggested Disposition: Receive and File; Adopt Resolution 10 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. Convention and Visitors Bureau Dubuque Convention and Visitor’s Bureau Director Sue Czeshinski presenting the Convention and Visitor’s Bureau quarterly report. Suggested Disposition: Receive and File 2. Request to Rezone – Property South of Old Highway Road and West of Railroad Line (First Reading on May 19, 2008) Request from Toby Kress, Kress Industrial Facility to rezone property south of Old Highway Road from County R-1 Residential District to City AG Agricultural District and LI Light Industrial District, concurrent with annexation, and Zoning Advisory Commission recommending denial. Communication from Greg Adams providing an update regarding the proposed rezoning. Communications from James and Beverly Metcalf, 15693 McClain Lane; Deb Vize, 12055 Cottingham Road; Bill and Linda Chesterman; Gary Johnson, 12089 Cottingham Road; Bill Huerter, 12042 Cottingham Road, and John E. Goodmann in opposition to the proposed rezoning. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassifying hereinafter described property located south of Old Highway Road from County R-1 Residential District to City AG Agricultural District and LI Light Industrial District, concurrent with annexation Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (2nd Reading) 3. Request to Annex - Property South of Old Highway Road and West of Railroad Line (Tabled on May 19, 2008) City Manager recommending approval of the annexation of property south of Old Highway Road and west of railroad line in conjunction with rezoning. Communication from the Planning Services Manager providing information on the Request for Voluntary Annexation by Toby Kress, Kress Industrial Facility RESOLUTION Approving an Application for Voluntary Annexation of Property South of Old Highway Road and West of Railroad Line Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution 11 4. Snow Route Parking Restriction System (First Reading on May 19, 2008) City Manager recommending revisions to Dubuque’s snow route parking restriction system as stipulated in Section 32-321.682 of the Code of Ordinances. Communication from Jerry Maro requesting to address the City Council regarding the proposed snow route parking policy. Communication from William Kramer requesting to address the City Council regarding the proposed snow route parking policy. Communications from Karen Kuhle, and James Mai expressing concerns over the proposed snow removal policy. ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-321.682 snow route, restricted parking Suggested Disposition: Receive and File; Motion B; Motion A (2nd Reading) 5. Community Partnership (cp2) Program – Fiscal Year 2009 City Manager recommending approval of the Community Development Advisory Commission’s recommendation for allocation of Community Partnership Program (cp2) funds. RESOLUTION Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2009 Suggested Disposition: Receive and File: Adopt Resolution 6. Community Economic Betterment Account Application – Morrison Brothers City Manager recommending approval of a Community Economic Betterment Account (CEBA) application to the Iowa Department of Economic Development on behalf of Morrison Bros. Co. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Morrison Bros. Co. Suggested Disposition: Receive and File; Adopt Resolution 7. Consultant Selection for Washington Neighborhood Planning Project City Manager recommending approval of the selection of Teska Associates, Inc., as the consultant for the Washington Neighborhood planning initiative. Suggested Disposition: Receive and File; Approve 8. Website Redesign Vendor Recommendation City Manager recommending selection of multiple vendors for the redesign of the City of Dubuque’s website. Suggested Disposition: Receive and File; Approve 12 9. Consultant Selection for Warehouse District Master Plan City Manager recommending approval of a contract with the Cuningham Group Architecture, P.A., to develop the Dubuque Warehouse District Master Plan. RESOLUTION Authorizing contract with Cuningham Group Architecture, P.A. for providing professional services for the Dubuque Warehouse District Master Plan Suggested Disposition: Receive and File; Adopt Resolution 10. Sustainability Consultant – Request for Proposals City Manager recommending approval of the selection of the Durrant Group to provide Sustainable City Consulting Services. Suggested Disposition: Receive and File; Approve 11. Proposed Condominium Project – 440 Raymond Place City Manager submitting information regarding a proposed condominium project at 440 Raymond Place Suggested Disposition: Receive and File 12. Bluff Overlay District Moratorium City Manager recommending approval of the establishment of a moratorium for the proposed Bluff Overlay District through August 1, 2008. ORDINANCE Amending the City of Dubuque Code of Ordinances by adopting a new Section 11-58.7 Moratorium on the issuance of a building permit for the construction of new principal structures in the Bluff Overlay District Suggested Disposition: Receive and File; Motion B; Motion A 13. Human Relations Ordinance City Manager recommending approval of an amendment to Chapter 27 of the Code of Ordinances to extend the Statute of Limitations for filing of a complaint regarding a discriminatory practice from 180 days to 300 days to be consistent with State code. ORDINANCE Amending City of Dubuque Code of Ordinances Section 27-113 Time Limitation for Filing Complaints ORDINANCE Amending City of Dubuque Code of Ordinances Section 27-135 Administrative Enforcement; Preliminary Matters Suggested Disposition: Receive and File; Motion B; Motion A COUNCIL MEMBER REPORTS 13 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 May 29, 2008 14