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8 18 08 City Council Agenda - No Icons ROLL CALL ORDER FOR MEETING OF 8/18/08 CONNORS JONES LYNCH RESNICK VOETBERG BRAIG BUOL CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, AUGUST 18, 2008 PLEDGE OF ALLEGIANCE INVOCATION Sr. Jennifer Rausch, Sisters of the Presentation PROCLAMATION Irish Hooley Day (August 23, 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 City Council of 8/4; Civil Service Commission of 7/8; Enterprise Zone Commission of 8/11; Environmental Stewardship Advisory Commission of 8/5; Historic Preservation Commission of 7/17; Human Rights Commission of 7/14 Proof of publication of City Council Proceedings of July 21, 2008 and List of Claims and Summary of Revenues for Month Ended June 30, 2008 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Jay McDonald for vehicle damage; Rosamond K. Lytle for personal injury; Megan Hefel 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: Megan Hefel for vehicle damage; Jay McDonald for property damage; Rosamond K. Lytle for personal injury/property damage Suggested Disposition: Receive and File; Concur 3. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Public Safety Dispatcher and Traffic Signal Technician II (as corrected). Suggested Disposition: Receive and File; Make a Matter of Record 4. Citizen Communications Petition from the residents of Heeb Street requesting a review of the City ordinance requiring anyone parking on City streets to park with the direction of the flow of traffic. Communication from Matt, Melanie and Isaiah Schlimm requesting the installation of stop signs at the intersection of Sunnyview Drive and Saint Ambrose Street. Suggested Disposition: Receive and File; Refer to City Manager 5. Sutton Pool Parking Lot Resurfacing Project City Manager recommending acceptance of the Sutton Pool Parking Lot Resurfacing Project improvements and payment of the contract amount of $31,493.95 to River City Paving. RESOLUTION Accepting the Sutton Pool Parking Lot Resurfacing Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 6. Request for Water Main Extension Communication from Thomas L. Henschel, 995 June Drive, requesting that the City extend the water main to Miller Road. Suggested Disposition: Receive and File 7. Miller Road – Request for Water Main Extension City Manager advising that water main will be extended to properties in the first section of Miller Road in response to a request from Kathy Bitter. Suggested Disposition: Receive and File 2 8. Farley and High Bluff Street Storm Sewer Project City Manager recommending acceptance of the Farley and High Bluff Street Storm Sewer Project and payment of the contract amount of $27,580.00 to Drew Cook & Sons Excavating, Inc. RESOLUTION Accepting the Farley and High Bluff Street Storm Sewer Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 9. Request for Proposals – KeyLine Transit System City Manager recommending approval of the issuance of a Request for Proposals for a Comprehensive Operational Analysis (COA) of the KeyLine Transit System. Suggested Disposition: Receive and File; Approve 10. Collective Bargaining Agreement – Teamsters Local Union No. 421 (Bus Operators) City Manager recommending approval of a three-year collective bargaining agreement between the City and the Teamsters Local Union No. 421. RESOLUTION Approving the Agreement between the City of Dubuque, Iowa and the Teamsters Local Union No. 421 (Bus Operators) and authorizing the Mayor to sign the Agreement Suggested Disposition: Receive and File; Adopt Resolution 11. PEG Capital Grant Expenditure Request City Manager recommending approval of two requests for funding from the Capital Grant for Access Equipment and Facilities. Suggested Disposition: Receive and File; Approve 12. Acceptance of Deed – Purchase of 6900 University Avenue City Manager recommending acceptance of the deed from Elaine M. White for property located at 6900 University Avenue. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Elaine M. White Suggested Disposition: Receive and File; Adopt Resolution 13. Plat of Survey – Westbrook Subdivision Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook Subdivision. RESOLUTION Approving the Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3 14. Dubuque County Board of Supervisors Communication from the Dubuque County Board of Supervisors requesting that the City review the intersection of Old Highway Road and Seippel Road regarding movement of truck traffic. Suggested Disposition: Receive and File; Refer to City Manager 15. Couler Valley Drainage Area City Manager submitting a response to Dubuque County Supervisor Donna Smith nd regarding the moving of dirt from the 32 Street Detention Basin to a location north of Flexsteel Industries within the Couler Valley Drainage area. Suggested Disposition: Receive and File 16. International Economic Development Council (IEDC) Award City Manager advising that the City of Dubuque has been selected for an Honorable Mention Award in the Public-Private Partnerships (population 50,000-200,000) by the International Economic Development Council for the America’s River. Suggested Disposition: Receive and File 17. 2008 Comprehensive Plan City Manager transmitting the Citizens Guide to the 2008 Comprehensive Plan and 2030 Future Land Use Map. Suggested Disposition: Receive and File 18. Settlement Agreement and General Release – Aerial Services, Inc. City Manager recommending acceptance of a $52,884 payment from Aerial Services, Inc. and approval of the Settlement Agreement related to the 2007 Orthophotography and Mapping Project. Suggested Disposition: Receive and File; Approve 19. University of Dubuque Fireworks Display Communication from Steve Kelley, University of Dubuque, requesting permission to display fireworks on September 6, 2008 at the new Chlapaty Sports Complex and to close Grace Street from McCormick Street to Algona Street. Suggested Disposition: Receive and File; Approve 20. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Riverfest; and a Class “C” Beer Permit to Family Mart, Kwik Stop Food Mart, and Ron’s Discount Smokes 4 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Fat Tuesday’s, Courtside Sports Bar, Chances R, and Star Restaurant; Special Class “C” (BW) Liquor License (5-Day Special Event) to Four Mounds Foundation; and a Class “B” Wine Permit to Star Restaurant 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. Quince Street Utility Project City Manager recommending initiation of the public bidding process for the Quince Street Utility Project and that a public hearing be set for September 2, 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 Quince Street Utility Project RESOLUTION Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity RESOLUTION of Necessity Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/2/08 2. Fire Station No. 2 Parking Lot Reconstruction Project City Manager recommending initiation of the public bidding process for the Fire Station No. 2 Parking Lot Reconstruction Project and that a public hearing be set for September 2, 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 Station No. 2 Parking Lot Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/2/08 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. Airport Commission One 4-year term through September 14, 2012 (Term of Czeshinski) Applicant: Susan Czeshinski, 2203 Sunnyslope Drive 5 Appointments to the following Boards/Commissions: Historic Preservation Commission (Langworthy District Interim Appointment) One 3-year vacant term through July 1, 2011 (Term of Wainwright) Applicant: Pamela Cleek, 285 Burch Street TV Cable Community Teleprogramming Commission One 3-year expired term through June 30, 2011 (Term of Hoverman) Applicant: Sr. Carol Hoverman, 1555 White 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. Request to Rezone – 2635 / 2635 ½ University Avenue Proof of publication on notice of hearing to consider a request from Greg Prehm, Dubuque Property Management, to rezone property located at 2635 / 2635 ½ University Avenue from R-1 Single-family Residential District and R-2 Two-Family Residential District to PR Planned Residential District and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 2635 / 2635 ½ University Avenue from R-1 Single-family Residential District and R-2 Two-Family Residential District to PR Planned Residential District and adopting a Conceptual Development Plan Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote) nd 2. U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project Proof of publication on notice of hearing to consider the plans and specifications, form nd of contract and estimated cost for the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for nd the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution 6 3. Green Alley Pilot Project Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Green Alley Pilot Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Green Alley Pilot Project Suggested Disposition: Receive and File; Adopt Resolution 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. Tri-State Stamp Club Request of Ted Clemens, Tri-State Stamp Club, to address the City Council concerning the special cover which will be issued in connection with the November 1, 2008 stamp show. Suggested Disposition: Receive and File 2. Five Flags Report Joyce White, General Manager of the Five Flags Center for SMG, to present a report on the activity level of the Center in Fiscal Year 2008 and the prospects for Fiscal Year 2009. Suggested Disposition: Receive and File 3. Settlement Agreement – Eagle Point Rock Face City Manager recommending approval of the settlement agreement with Royal Oaks Development for the Eagle Point Bluff Scaling and Tree Removal Project. Suggested Disposition: Receive and File; Approve 4. Placement of Helicopter at Veterans’ Memorial Plaza City Manager recommending approval of the placement of a Cobra Helicopter at the Veterans’ Memorial Plaza at McAleece Park and Recreation Complex. RESOLUTION Approving the placement of a helicopter at Veterans’ Memorial Plaza at the McAleece Park and Recreation Complex Suggested Disposition: Receive and File; Adopt Resolution 7 5. Amendments to Fiscal Year 2008 and Fiscal Year 2009 Annual Action Plans City Manager recommending approval of an amendment to the Fiscal Year 2008 and Fiscal Year 2009 Annual Action Plans for the City’s Community Development Block Grant (CDBG) program. RESOLUTION Approving Fiscal Year 2008 Annual Action Plan Amendment #4 and Fiscal Year 2009 Annual Action Plan Amendment #2 for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution 6. Downtown Parking Needs Assessment Study City Manager submitting the final report on the Downtown Parking Needs Assessment Study and recommending a course of action. Suggested Disposition: Receive and File; Concur 7. Bee Branch Creek Restoration Project City Manager recommending approval to negotiate a contract with Strand Associates, Inc. to provide engineering and design services for the Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve 8. Dubuque Industrial Center West – North Siegert Farm Grading Project City Manager recommending award of the contract for the Dubuque Industrial Center West – North Siegert Farm Grading Project to Frattalone Companies, Inc. in the amount of $3,522,871.19. RESOLUTION Awarding public improvement contract for the Dubuque Industrial Center West – North Siegert Farm Grading Project Suggested Disposition: Receive and File; Adopt Resolution 9. Advisory Committee on Rules of Civil Procedure City Manager advising that City Attorney Barry Lindahl has been appointed to the Advisory Committee on Rules of Civil Procedure by the Supreme Court of Iowa, for a three-year term ending September 30, 2011. Suggested Disposition: Receive and File COUNCIL MEMBER REPORTS 8 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 August 14, 2008 9