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3 21 05 Agenda No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MARCH 21, 2005 INVOCATION Father Dwayne Thoman, Spiritual Director - Wahlert High School PROCLAMATION Community Development Week (March 25 - April 3, 2005) 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 2/28; City Council of 2/23, 3n, 3/8; Civil Service Commission of 12/14; Electrical Code Board of 2/21; Human Rights Commission of 2/14; Zoning Advisory Commission of 3/2; Zoning Board of Adjustment of 2/24; Proofs of publication of Council Proceedings of February 7,21,22,24 and 28, 2005 and March 2, 2005, and List of Claims and Summary of Revenues for month ending January 31, 2005 and February 28, 2005 (on file in the City Clerk's Office) Printed City Council Proceedings for January, 2005 Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Suits HAB Carriers, Inc. for vehicle damage; Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: HAB Carriers, Inc. Suggested Disposition: Receive and File; Concur 3. Citizen Communication Communication from Roy Hansen, Principal of Table Mound Elementary School, regarding a pedestrian safety issue on Rockdale Road. Suggested Disposition: Receive and File; Refer to City Manager 4. Chestnut Street Reconstruction Project City Manager recommending approval of the final schedule of assessments for the Chestnut Street Reconstruction Project. RESOLUTION Adopting the final assessment schedule for the Chestnut Street Reconstruction Project including certain information required by the Code of Iowa, specifically, 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 final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution 5. Community Services Block Grant (CSBG) Fund Communication to Congressman Jim Nussle urging support for the continued funding of the Community Services Block Grant (CSBG) Fund. Suggested Disposition: Receive and File 6. Iowa Department of Natural Resources Communication from the Iowa Department of Natural Resources submitting the Water Compliance Inspection Report for the Dubuque Regional Airport. City Manager providing information on the Iowa Department of Natural Resources Water Compliance Inspection Report for the Dubuque Regional Airport. Suggested Disposition: Receive and File 7. Dalsing Place No.3 - Final Plat Zoning Advisory Commission recommending approval of the final plat of Lot 1 through 3 of Dalsing Place NO.3 in Dubuque County. RESOLUTION Approving the final plat of Lot 1 through 3 of Dalsing Place NO.3 in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 8. City of Dubuque Dental Plan City Manager recommending acceptance of the renewal rate for the City's voluntary dental plan. Suggested Disposition: Receive and File; Approve 2 9. State Legislative Correspondence City Manager communication to State Legislators encouraging their support for SSB 1214 - Food Inspection Cost Reimbursements. City Manager communication to State Legislators urging their opposition to a proposal to reclassify apartments from commercial to residential. City Manager communication to State Legislators urging their support for SSB 1095 and HSB 53, which allow the award and transfer to State Enterprise Zone tax credits for housing development. City Manager communication to State Legislators encouraging their opposition to HSB 19 regarding statewide referendum requirements. City Manager communication to State Representative Pam Jochum urging opposition to HSB 59 - Open Meetings Law. City Manager communication to State Legislators urging opposition to SSB 1174 which would require any new or renovated playground on public property to be inspected by the State Health Department. City Manager communication to State Legislators encouraging support of efforts to raise the funding for the Iowa Historic Preservation Tax Credit from $2.4 million to $20 million per year. City Manager communication to State legislators urging a no vote to HSB 205 regarding the taxation of facilities operated by a city as a cable communication system. City Manager communication to State legislators asking that they vote no to legislation that would prevent a city from establishing and operating a municipal communications utility. Suggested Disposition: Receive and File; Approve 10. Federal Legislative Correspondence Communication to congressional legislators regarding the elimination of federal funding (JAG and Bryne Grant). Communication to Senator Tom Harkin and Senator Charles Grassley requesting their support for the Federal Transportation Bill which includes $25 million in earmark funding for the Julien Dubuque Bridge and $19 million for the Southwest Arterial (IA 32). Communication to Congressman Jim Nussle thanking him for his efforts to include $25 million in earmark funding for the Julien Dubuque Bridge and $19 million for the Southwest Arterial (IA 32) in the Federal Transportation Bill. Suggested Disposition: Receive and File; Approve 3 11. Dubuque Casino Hotel Lease Amendment City Manager recommending approval of an amendment to the lease agreement with Dubuque Casino Hotel. Suggested Disposition: Receive and File; Approve 12. Housing Trust Fund Application City Manager recommending approval of an application by the Housing Trust Fund to the Iowa Finance Authority for a Local Housing Trust Fund Grant of $200,000 to support the City's Washington Street Neighborhood Initiative. Suggested Disposition: Receive and File; Approve 13. University Avenue Extension Project Property Acquisition City Manager recommending approval of an additional amount of $5,800 to acquire the James Newman property for the University Avenue Extension Project. Suggested Disposition: Receive and File; Approve 14. Stealth Race Cars - Offer to Purchase City Manager recommending approval of an offer to purchase for the Stealth Race Car property and a six month lease to Terry/Linda Weidemann for the property. Suggested Disposition: Receive and File; Approve 15. Acquisition of Elm Real Estate L.C. City Manager recommending approval of the acceptance of the deed to the Elm Real Estate, L.C. (Iowa Glass) property for the University Avenue Extension Project. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Elm Real Estate, L.C. Suggested Disposition: Receive and File; Adopt Resolution 16. Business License Refund Request of Ibrico, Inc., d/b/a Fat Tuesdays, requesting a refund of their cigarette license in the amount of $25.00. Suggested Disposition: Receive and File; Approve 4 17. Business Licenses RESOLUTION Granting the issuance of a permit to sell cigarettes and cigarette papers with the City to Iowa Potato and Produce House RESOLUTION Granting the issuance of a Class "C" Beer Permit to Iowa Potato and Produce House RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to The Yardarm, Noonan's Tap, Marco's Italian American Food, Bunker Hill Golf Course, Hudson's Classic Grill, Neighbor's Tap, Ground Round, Busted Lift, and Salsa's Mexican Restaurant Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING 1. Fiber Optic Conduit System - Phase I Project City Manager recommending initiation of the public bidding process for the Fiber Optic Conduit System - Phase I Project and that a public hearing be set for April 18, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting public hearing on the plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/18/05 2. Five Flags Bleacher Replacement Project City Manager recommending initiation of the public bidding process for the Five Flags Bleacher Replacement Project and that a public hearing be set for May 2, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting public hearing on the plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/2/05 3. Five Flags Renovation Project City Manager recommending initiation of the public bidding process for the Five Flags Renovation Project and that a public hearing be set for May 2, 2005. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting public hearing on the plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/2/05 5 BOARDS/COMMISSIONS Appointment to the following Board: Zoning Board of Adjustment (One 5-year term through 3/25/10 - Term of Ruden> Applicant: Michael A. Ruden PUBLIC HEARINGS SUSPEND THE RULES 1. 440 Loras Boulevard - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 440 Loras Boulevard from R-4 Multi-Family Residential District to OR Office Residential District as requested by Angela Koppes 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 440 Loras Boulevard from R-4 Multi-Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A 2. Wayne Briggs/Platinum Services/Highway 151/61 Development LLC - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 701 East 16th Street from HI Heavy Industrial District to PUD Planned Unit Development District as requested by Wayne Briggs, Platinum Services/Highway 151/61 Development LLC and Zoning Advisory Commission recommending approval. Communication from Thomas L. Flynn, Flynn Ready-Mix Concrete, expressing conditional support for changing the zoning classification for the property at 701 East 16th Street. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along East 16th Street from HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial Designation and adopting a Conceptual Development Plan with Conditions for River View Plaza Suggested Disposition: Receive and File; Motion B; Motion A 6 3. University of Dubuque - Amendment to Institutional District Proof of publication on notice of hearing to consider amending the University of Dubuque ID District to allow the construction of a new academic and administration building at the northwest corner of Bennett and Algona Streets as requested by the University of Dubuque and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the approval of an Amended Conceptual Development Plan to allow construction of the new Myers Academic and Administration Building for the University of Dubuque ID Institutional District. Suggested Disposition: Receive and File; Motion B; Motion A 4. Goldthorpe Hall - University of Dubuque - Amendment to Institutional District Proof of publication on notice of hearing to consider amending the University of Dubuque ID District to allow construction of a new addition to the Goldthorpe Science Hall at the southeast corner of University Avenue and Algona Street as requested by the University of Dubuque and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the approval of an Amended Conceptual Development Plan to allow construction of an addition to Goldthorpe Science Hall for the University of Dubuque ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A 5. Asbury Plaza Business Park Proof of publication on notice of hearing to consider an amendment and expansion of the Asbury Plaza Business Park Planned Unit Development District as requested by Wendell Corey/Jack Leaman/Motor City LLC 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 along the future extension of Plaza Drive from AG Agricultural District to PUD Planned Unit Development District with a PC Planned Commercial Designation and adopting an amended Conceptual Development Plan, with conditions for Motor City, LLC. Suggested Disposition: Receive and File; Motion B; Motion A 7 6. Exterior Renovations - Carnegie Stout Public Library Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Exterior Renovations - Carnegie Stout Public Library Project and City Manager recommending award of the contract to Fred Jackson Tuckpointing in the amount of $80,733. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions 7. 2005 Curb Ramp Installation - CDBG Project No.1 Proof of publication on notice of hearing to consider adoption of the plans and specifications for the 2005 Curb Ramp Installation - CDBG Project NO.1 and City Manager recommending award of the contract to Perry Construction in the amount of $20,926. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions 8. US 20 Bridge - Right-of-Way Proof of publication on notice of hearing to consider approval of the Purchase Agreement and Quit Claim Deed to provide the necessary right-of-way to the Iowa Department of Transportation for construction of a new US 20 bridge crossing the Mississippi River and City Manager recommending approval. RESOLUTION Disposing of City interest in a parcel of land located in Government Lot 3 of Section 30, Township 89 North, Range 3 East of the 5th P.M., City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 9. University Avenue Reconstruction Project (Tabled on March 7, 2005) Proof of publication on notice of hearing to consider adoption of the plans and specifications for the University Avenue Reconstruction (US 20 to University Avenue) Reinforced Concrete Box Culvert Extension Project, which was bid by the Iowa Department of Transportation, and City Manager recommending award of the contract to Tschiggfrie Excavating Company. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Remove from Table; Receive and File; Adopt Resolutions REINSTATE THE RULES 8 ACTION ITEMS 1. Stormwater Projects - Sale of General Obligation Bonds City Manager advising that the sale of General Obligation Bonds to support stormwater projects will be held on Monday, March 21,2005 at 11 :00 a.m. and that results will be brought to the March 21 Council meeting. City Manager advising that the City has retained its Aa2 bond after review by Moody's Investor Services. RESOLUTION Directing sale of $1,750,000 General Obligation Bonds, Series 2005A Suggested Disposition: Receive and File; Adopt Resolution 2. Dubuque Industrial Center West - Sale of General Obligation Bonds City Manager advising that the sale of General Obligation Bonds to support Dubuque Industrial Center West projects will be held on Monday, March 21,2005 at 11 :00 a.m. and that results will be brought to the March 21 Council meeting. RESOLUTION Directing sale of $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B RESOLUTION Directing sale of $2,995,000 General Obligation Urban Renewal Bonds, Taxable Series 2005C Suggested Disposition: Receive and File; Adopt Resolutions 3. Eleanor Ridge Estates Subdivision - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Eleanor Ridge Estates Subdivision, located on Lake Eleanor Road in Dubuque County, as requested by Rick Ehrlick. Suggested Disposition: Receive and File; Approve 4. Hillside Estates - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Hillside Estates located in Dubuque County as requested by Dean Hoffman/River City Development Group LLC. Suggested Disposition: Receive and File; Approve 5. Birch Heating and Cooling Zoning Advisory Commission recommending approval of the site plan for Birch Heating and Cooling located on Cedar Cross Road, as requested by IIW Engineers. Suggested Disposition: Receive and File; Approve 9 6. Transit Board of Trustees City Manager recommending approval of recommendations from the Transit Board of Trustees to address capacity constraint issues on the minibus service through productivity improvements. Suggested Disposition: Receive and File; Approve 7. Request for Proposals - Communications Utility City Manager recommending approval of the issuance of a Request for Proposals (RFP) for a consultant to study the feasibility of a municipal communications utility. Suggested Disposition: Receive and File; Approve 8. Federal Communications Commission Notification from the Federal Communications Commission that MCClowa LLC has filed a Petition for Special Relief for Determination of Effective Competition and Revocation of Certification. City Manager recommending that the City oppose the "Effective Competition" petition that Mediacom has filed with the Federal Communications Commission and authorize the Miller and Van Eaton law firm to file a Reply on the City's behalf. Suggested Disposition: Receive and File; Approve 9. Custodial Services for City Facilities City Manager recommending approval to replace the use of private cleaning services with part-time City employees to provide custodial services for the Housing Services Building, City Hall and the City Hall Annex. Suggested Disposition: Receive and File; Approve 10. National Trust Advisor City Manager advising that Planning Services Manager Laura Carstens has been nominated to be a National Trust Advisor by the National Trust for Historic Preservation. Suggested Disposition: Receive and File 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)U) 2003 Code of Iowa 10