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7 21 08 City Council Agenda - No Icons ROLL CALL ORDER FOR MEETING OF 7/21/08 BUOL CONNORS JONES LYNCH RESNICK VOETBERG BRAIG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, JULY 21, 2008 PLEDGE OF ALLEGIANCE INVOCATION Pastor Tom Zinkula, Holy Spirit Pastorate 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 City Council of 7/7; Civil Service Commission of 6/17; Historic Preservation Commission of 6/19; Park and Recreation Commission of 6/10 and 7/8; Zoning Advisory Commission of 7/20; Zoning Board of Adjustment of 6/26 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Terrell Mitchem for vehicle damage; Dennis McCarthy for property damage; Portzen Construction d/b/a/ Dubuque Plumbing and Heating Company for costs incurred on public improvement project 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: Jim Huff for vehicle damage; Dennis McCarthy for property damage; Justin Ramos for vehicle damage; Laddie Sula for vehicle damage Suggested Disposition: Receive and File; Concur 3. Fiscal Year 2009 Community Development Block Grant (CDBG) Agreement City Manager recommending approval of the Fiscal Year 2009 Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,209,427. RESOLUTION Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution 4. Purchase of Property – Bricktown Parking Lot City Manager recommending acceptance of the Warranty Deed from Paul M. Fahey for purchase of the Bricktown Parking Lot at 280 Locust Street. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Paul M. Fahey Suggested Disposition: Receive and File; Adopt Resolution 5. 2009 Fireworks Display Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and The River requesting permission to conduct a fireworks display on Thursday, July 3, 2009 (rain date of July 4, 2009) on Volunteer Road. Suggested Disposition: Receive and File; Approve 6. Request to Vacate City Property Communication from Brian J. Kane, representing Thomas A. Luksetich, requesting to purchase a 9,000 square foot parcel of City-owned property on Kerper Boulevard. Suggested Disposition: Receive and File; Refer to City Manager 7. Every Child / Every Promise Communication from Mae Hingtgen, Executive Director, expressing appreciation to the City of Dubuque for support of the Every Child / Every Promise initiative. Suggested Disposition: Receive and File 2 8. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Utility Locator, Engineering Technician and Law Enforcement User Support Specialist. Suggested Disposition: Receive and File; Make a Matter of Record 9. 2008 Weed Assessments City Manager recommending approval of the levy of special assessments for the first half of the 2008 Weed Enforcement Program. RESOLUTION Adopting the schedule of assessments for the first half of the 2008 Weed Enforcement Program 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 10. US 20 Capacity Improvements Project – Phase II City Manager recommending acceptance of the US 20 Capacity Improvements Project – Phase II, as completed by Voltmer, Inc. of Decorah, Iowa, in the final contract amount of $271,558.75. RESOLUTION Accepting the US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II, Traffic Signal and Intelligent Transportation System Improvements (STP-A-020-9(187)--22-31) and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 11. Raven Oaks Drive – Plat of Survey City Manager recommending approval of a request from the Dubuque County Auditor for the platting of the balance of Raven Oaks Drive. RESOLUTION Approving plat of survey of Lot 4B of Raven Oaks No. 2 Suggested Disposition: Receive and File; Adopt Resolution 12. Iowa Department of Transportation Communication from Nancy J. Richardson, Director – Iowa Department of Transportation, expressing appreciation to the City of Dubuque for assistance during the I-80 traffic detour through Dubuque. Suggested Disposition: Receive and File 3 nd 13. Purchase of Property – 504 East 22 Street City Manager recommending approval of the purchase of a residential rental dwelling at nd 504 East 22 Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. nd RESOLUTION Approving the acquisition of real estate located at 504 East 22 Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 14. Purchase of Property – 2251 Elm Street City Manager recommending approval of the purchase of a residential dwelling at 2251 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 2251 Elm Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 15. Purchase of Property – 2120 Kniest Street City Manager recommending approval of the purchase of a residential dwelling at 2120 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2120 Kniest Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution th 16. Purchase of Property – 324 East 24 Street City Manager recommending approval of the purchase of a residential rental dwelling at th 324 East 24 Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. th RESOLUTION Approving the acquisition of real estate located at 324 East 24 Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 17. Purchase of Property – 2243 Prince Street City Manager recommending approval of the purchase of a residential rental dwelling at 2243 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 2243 Prince Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 4 18. Jackson Park Bicycle Rack Historic Preservation Commission recommending approval of the custom-made bicycle rack in Jackson Park as submitted. Suggested Disposition: Receive and File; Approve 19. Plat of Survey of Riedl Place Zoning Advisory Commission recommending approval of the plat of survey of Riedl Place. RESOLUTION Approving the plat of survey of Riedl Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 20. Water Meter Review and Testing Project City Manager recommending approval of the selection of HDR to complete the Water Meter Review and Testing Project at a cost not to exceed $50,000. Suggested Disposition: Receive and File; Approve 21. Delinquent Water, Sewer, Refuse and Stormwater Management Accounts City Manager recommending approval of the submission of the delinquent water, sewer, refuse 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 water, sewer, refuse 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 22. Library Board of Trustees Michael J. Shubatt submitting his resignation from the Library Board of Trustees. Suggested Disposition: Receive and File; Accept Resignation 23. Interim Application for Wireless Telecommunications Facilities City Manager recommending approval of an interim application process for wireless telecommunications facilities (towers and co-located equipment) on City property throughout the community. RESOLUTION Adopting an interim application process for wireless telecommunications facilities Suggested Disposition: Receive and File; Adopt Resolution 5 24. Liquor License Transfers Request of the Dubuque County Historical Society to transfer their liquor license to 720 Central Avenue on July 24, 2008 and to 501 Bell Street on August 2, 2008. Suggested Disposition: Receive and File; Approve 25. Liquor License Refund Request of Mark Molo, Molo Oil Company, for a refund of the Class B Beer Permit for th the Big 10 Mart located at 9 and Central. Suggested Disposition: Receive and File; Approve 26. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of five renewal permits to sell cigarettes and cigarette papers RESOLUTION Granting the issuance of a Class “B” Beer Permit (14-Day Special Event) to Grand Harbor Resort; a Class “B” Beer Permit (5-Day Special Event) to Music n More; and a Class “C” Beer Permit to Sid’s Beverage, Oky Doky #14, Kwik Stop, Road Rangers #159, #160 and #161 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Club Phoenix, Tri-State Golf Center, Knicker’s Saloon, Walnut Tap, House of China, and Eagles Club; and a Class “B” Wine Permit to Sid’s Beverage 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. Petrakis Field Turf Replacement Project City Manager recommending initiation of the public bidding process for the Petrakis Field Turf Replacement Repair Project and that a public hearing be set for August 4, 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 for the Petrakis Field Turf Replacement Project RESOLUTION Setting date of hearing on the plans, specifications, form of contract, and estimated cost for the Petrakis Field Turf Replacement Project RESOLUTION Ordering bids for the Petrakis Field Turf Replacement Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/4/08 6 2. Dubuque Industrial Center West – Demolition and Grading Project City Manager recommending initiation of the public bidding process for the Dubuque Industrial Center West – Demolition and Grading Project and that a public hearing be set for August 4, 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 Dubuque Industrial Center West – Demolition and Grading Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/4/08 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. Housing Commission Three 3-year expired terms through August 17, 2011 (Terms of Helling, Frommelt, Mozena) Applicants: Linda Frommelt , 140 N. Algona Street William Helling, 4988 Red Violet Drive Lynn Sutton, 876 Yale Court Library Board of Trustees One 4-year vacant term through July 1, 2011 (Term of Shubatt) Applicant: Matthew Seamer, 432 Summit Street Appointments to the following Boards/Commissions: Civil Service Commission (Mayor Appointment) One 4-year vacant term though April 6, 2009 (Term of Duehr) Applicants: Joseph Link, 1290 Pamela Court John Stevens, 2215 Graham Circle Daniel White, 2919 Elm Street Historic Preservation Commission (Cathedral Hill District Representative) One 3-year vacant term through July 1, 2012 (Term of Coty) Applicant: Michael Knight, 205 Bluff Street Transit Board of Trustees Two 3-year expired terms through July 30, 2011 (Terms of Enderson, Lightcap, Davidson) Applicants: George Enderson, Jr., 511 St. George Street Joel Lightcap, 1985 Alta Vista Street Zoning Board of Adjustment One 5-year vacant term though March 25, 2013 (Term of Urell) Applicant: Jeff Cremer, 919 ½ Bluff Street 7 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. 989 Langworthy Street – Request to Rezone Proof of publication on notice of hearing to consider a request from Dr. William May to rezone property located at 989 Langworthy Street from R-2 Two-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval. Communication from Richard and Carol McGrane, 1019 Langworthy Street, 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 at 989 Langworthy from R-2 Two-Family Residential District to OR Office Residential/High Density Multi-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 2. Keymont Drive – Request to Rezone Proof of publication on notice of hearing to consider a request from Charles Daoud to rezone property located east of Keymont Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District and Zoning Advisory Commission recommending approval. Communication from the Stewart Family, 1815 Keyway Drive, in opposition to the proposed rezoning. Communication from Donna and Pat Smith, 1827 Key Way, 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 east of Keymont Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 8 3. Bluff Overlay District Ordinance Proof of publication on notice of hearing to consider an amendment to Appendix A (the Zoning Ordinance) by adding new language establishing a Bluff Overlay District and Zoning Advisory Commission recommending denial. City Manager submitting information regarding reconstruction of structures within the Bluff Overlay District. Communication from David S. Hartig in support of the Bluff Overlay District Ordinance. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding new language establishing a Bluff Overlay District Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A (Super Majority Vote) th 4. 11 Street Steps and Grove Terrace Retaining Wall Repair Project Proof of publication on notice of hearing to consider the plans and specifications, form th of contract and estimated cost for the 11 Street Steps and Grove Terrace Retaining Wall Repair Project and award of the contract to Portzen Construction, Inc. in the amount of $589,175.50, and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost, for th the 11 Street Steps and Grove Terrace Retaining Wall Repair Project th RESOLUTION Awarding contract for the 11 Street Steps and Grove Terrace Retaining Wall Repair Project to Portzen Construction, Inc. in the amount of $589,175.50 Suggested Disposition: Receive and File; Adopt Resolutions 5. Iowa Street Parking Ramp to NICC Building – Walkway Project Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Iowa Street Parking Ramp to NICC Building – Walkway Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Iowa Street Parking Ramp to NICC Building – Walkway Project Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES This action limits discussion to the City Council. 9 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. Hirsch Claim Against the City of Dubuque City Manager submitting information regarding the claim of Barb and Gerald Hirsch and rd the sanitary sewer lateral serving the Hirsch residence at 757 West 3 Street. Suggested Disposition: Receive and File; Council 2. Sale of City-Owned Property – 1126 White Street City Manager recommending approval of the sale of property at 1126 White Street to Horsfall, Inc. for the purpose of its conversion to condominiums and resale to owner- occupants. RESOLUTION Approving the sale of real estate located at 1126 White Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3. Snow Route Parking Restriction System (Tabled 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. ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-321.682 Snow Route, Restricted Parking, by authorizing the City Manager to issue a snow restricted parking declaration ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-321-621 Parking Violations – Fines to allow the first snow route restriction ticket of each winter issued to a vehicle to be voided if the owner of the vehicle registers their contract information with the Police Department Suggested Disposition: Remove from Table; Receive and File; Motion B, Motion A 4. Fiscal Year 2009 Dubuque County REAP Plan City Manager recommending approval of the City of Dubuque’s update of the Fiscal Year 2009 Dubuque County REAP Plan, submittal of the Fiscal Year 2009 REAP grant application for installation of the Iowa 32 Bike/Hike Trail – Phase 2 Project, and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. RESOLUTION Authorizing a REAP Grant Application to the Iowa Department of Natural Resources for Phase 2 of the Iowa 32 Bike/Hike Trail Suggested Disposition: Receive and File; Adopt Resolution; Council Appointment 10 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 July 17, 2008 11