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10 16 06 Agenda NO icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:30 P.M. - LIBRARY BOARD PRESENTATION 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, OCTOBER 16, 2006 INVOCATION Reverend Tom Mason, Captain of the Salvation Army PROCLAMATIONS Save for Retirement Week (October 22 - 28, 2006) 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 10/2 and 10/10; Environmental Stewardship Advisory Commission of 9/5, 9/20 and 10/3, Housing Commission of 9/26; Human Rights Commission of 8/18 and 9/11; Library Board ofTrustees of7/27, 8/24, 8/28, and 9/8; Long Range Planning Commission of 9/20; Mechanical Board of 10/11; Park and Recreation Commission of 9/12; Plumbing Board of 10/10; Zoning Advisory Commission of 10/2; Zoning Board of Adjustment of 9/28 Proofs of publication of City Council Proceedings of 9/18/06 and List of Claims and Summary of Revenues for month ending August 31, 2006 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Debra Curiel for personal injury; First Supply, LLC for property damage; Jean Heim for vehicle damage; Tyler Kohl for vehicle damage; Nationwide Advantage Mortgage Company vs. Housing Services Department Lead Paint Hazard Reduction Program, et al 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: Debra Curiel for personal injury, First Supply LLC for vehicle damage, and Ken Kohl for vehicle damage City Attorney recommending that the claim of Jean Heim for vehicle damage be referred to Selco, Inc. Suggested Disposition: Receive and File; Concur 3. Franchise Fee Litigation City Attorney Barry A. Lindahl recommending approval to retain the law firm of Ahlers & Cooney, P.C. to represent the City in the franchise fee litigation process. Suggested Disposition: Receive and File; Approve 4. Tri-State Trail Vision Communication from the Board of Directors of the Tri-State Trail Vision, a non-profit group formed by the Envision 2010 Integrated Hike-Bike Trails Commission, requesting that the City include in the Fiscal Year 2008 a cost and feasibility study for a hiking- biking trail along the middle fork of Catfish Creek. Suggested Disposition: Receive and File; Refer to City Manager 5. Final Plat - US Highway 52 Zoning Advisory Commission recommending approval of the final plat of Lot 1-2 and 2-2 of the West Yz of the SE Yo Section 17, T88N R3E located on US Highway 52, Dubuque County as requested by Kenneth Lochner. RESOLUTION Approving the final plat of Lot 1-2 and 2-2 of the West Yz of the SE Yo Section 17, T88N R3E located on US Highway 52, Dubuque County Suggested Disposition: Receive and File; Adopt Resolution 6. Plat of Survey - Cedar Lakes Subdivision Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1-2 and A-2 of Cedar Lake East Third Addition as requested by Gibbs Construction. RESOLUTION Approving Plat of Survey of Lot 1-2 and A-2 of Cedar Lake East Third Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 2 7. Requests to Purchase Communication from Richard Harrison, 801 Rising Street, requesting to purchase a portion of a City-owned street/alley abutting his property. Communication from Tim Schmit II requesting to purchase a portion of a City-owned street/alley abutting his property at 650 Kane Street. Communication from Jason "Jake" Schneider requesting to purchase a portion of a City street/alley abutting his property on Kelly Lane. Suggested Disposition: Receive and File; Refer to City Manager 8. Friends of the Mines of Spain Communication from Douglas G. Olk, president of the Board of Directors of Friends of the Mines of Spain, requesting a letter of support regarding the City's financial commitment for their expansion project. Suggested Disposition: Receive and File; Refer to City Manager 9. Iowa Individual Health Benefit Reinsurance Assessment City Manager recommending approval of the expenditure of $38,182.13 to the Iowa Individual Health Benefit Reinsurance Association for the City's Iowa Individual Health Benefit Reinsurance Assessment. Suggested Disposition: Receive and File; Approve 10. Downtown Dubuque Master Plan - Consultant Selection City Manager recommending approval of the selection of Community Land Use and Economics Group (CLUE) to perform services related to implementation of the Downtown Master plan, at a cost not to exceed $47,200. Suggested Disposition: Receive and File; Approve 11. 409 Burch Street (Tabled from September 18, 2006 Meeting) City Manager recommending that this item be retabled to November 6,2006. Suggested Disposition: Receive and File; Table to 11/6/06 12. Comprehensive Plan Update Long Range Planning Advisory Commission submitting the September 2006 Comprehensive Plan Update. Suggested Disposition: Receive and File 3 13. Human Rights Commission James L. Jarrard, Chair of the Human Rights Commission, advising that Mary Gassman has resigned her position on the Commission. Suggested Disposition: Receive and File 14. Collective Bargaining Agreement City Manager recommending approval of a two-year collective bargaining agreement between the Teamsters Local Union No. 421 (Bus Operators) and the City of Dubuque for the contract period beginning July 1, 2006. 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 15. Application for HUD Lead-Based Paint Hazard Control Grant City Manager recommending approval of the submission of a Lead Demonstration Grant Application to HUD through the Dubuque County Board of Health. Suggested Disposition: Receive and File; Approve 16. Economic Development Loan - Sedgwick Claims Management Services, Inc. City Manager recommending approval of an Economic Development Loan of $100,000 to Sedgwick Claims Management Services to provide the local match for a State of Iowa Community Economic Betterment Loan Agreement (CEBA) loan. RESOLUTION Approving an Economic Development Loan of One Hundred Thousand Dollars ($100,000) to Sedgwick Claims Management Services, Inc. Suggested Disposition: Receive and File; Adopt Resolution 17. Dubuque Industrial Center West City Manager recommending that lots in the Dubuque Industrial Center West be subdivided to accommodate the land sale to National Dentex (Oral Art's, Inc.). RESOLUTION Approvin~ plat of survey Lot A and Lot B of Lot 2 of 1 of the Dubuque Industrial Center West 6t Addition in the City of Dubuque, Iowa RESOLUTION Approving Plat of Survey Lot 1 and Lot 2 of Lot B, Dubuque Industrial Center West 6th Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4 18. Mini Bus Contracted Services City Manager recommending that the contracts for mini bus service with Mt. Saint Francis, Sunnycrest, and Area Residential Care be transferred from Keyline to the Regional Transportation Authority (RTA). Suggested Disposition: Receive and File; Approve 19. Housing Commission Communication from Harry F. Neustadt submitting his resignation from the Housing Commission and his liaison positions with the Community Development Advisory Commission and the Housing Advisory Trust Fund Committee, effective immediately. Suggested Disposition: Receive and File 20. Citizen Communication Communication from Robert Park, 2939 Brandywine Park Drive, voicing concerns about the lack of sidewalks on portions of John F. Kennedy Road and West 32nd Street. Suggested Disposition: Receive and File; Refer to City Manager 21. Centers for Disease Control and Prevention - Fluoridation Recognition City Manager advising that the Centers for Disease Control and Prevention (CDC) have recognized the City of Dubuque Water Department for their performance regarding fluoridation. Suggested Disposition: Receive and File 22. American Water Works Association City Manager advising that the American Water Works Association has recognized the City of Dubuque Water Department for 100 years of service and has inducted the department into the Association's 100 Year Club. Suggested Disposition: Receive and File 23. Signed Contracts -- A Y McDonald Park Change Orders -- Fire Headquarters - Sidewalk Replacement Project Suggested Disposition: Receive and File 24. Improvement Contracts I Performance, Payment and Maintenance Bonds -- Highway 20 Landscaping Project, Phase II Project -- Loras Boulevard Traffic Signalization Replacement Project Suggested Disposition: Receive and File 5 25. Rotary Club of Dubuque Application of the Rotary Club of Dubuque to transfer their liquor license from the Grand Opera House at 135 West 8th Street to 1000 Jackson Street on October 28,2006. Suggested Disposition: Receive and File; Approve 26. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Dog House Lounge, One Flight Up, Rainbow Lounge, Channel Inn, Europa Haus Restaurant and Bierstube, Yen Ching Restaurant, and Fountain Park Event Center; Special Class "C" Liquor License to Jamies Wine Studio of Dubuque; and a Class "B" Wine Permit to Jamies Wine Studio of Dubuque Suggested Disposition: Adopt Resolution ITEMS TO BE SET FOR PUBLIC HEARING 1. Residential Parking Permit District City Manager recommending that a public hearing be set for November 6, 2006 to consider approval of a request to establish a Residential Parking Permit District on Hansel Drive between Keystone Drive and Keymont Drive. RESOLUTION Setting a public hearing on establishing a Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont Drive Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/6/06 2. Crescent Community Health Center - Request to Vacate City Manager recommending that a public hearing be set for November 6, 2006 to consider approval of a request to vacate and dispose of the alley between Washington Street and Elm Street from 17th to 18th Streets. RESOLUTION Of intent to vacate and dispose of City interest in Lot 159A and 159B of "East Dubuque" an addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/6/06 3. Fiscal Year 2007 Budget Amendment City Manager recommending that a second public hearing on the Fiscal Year 2007 First Budget Amendment be set for November 6, 2006 due to an error in the original documents. RESOLUTION Setting the date for the public hearing on Amendment #1 to the Fiscal Year 2007 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/6/06 6 4. National Dentex (Oral Arts, Inc.) Land Sale and Development Agreement City Manager recommending that a public hearing be set for November 6, 2006 to consider the sale of approximately three (3) acres of land in the Dubuque Industrial Center West to National Dentex (Oral Arts, Inc.) and a Development Agreement between the City of Dubuque and National Dentex (Oral Arts, Inc.). 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 P & L Venture, LLC and National Dentex (Oral Arts, Inc.), and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/6/06 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Human Rights Commission (Two unexpired terms - terms of Loney and Gassman) Applicants: Patricia Foster, Katrina Wilberding, Gretel Winterwood Appointments to the following Commission: Cable TV Teleprogramming Commission (Three 3-year terms through 6/30/09 - Term of Tigges and two vacancies) Applicant: Jennifer Tigges PUBLIC HEARINGS SUSPEND THE RULES 1. West 11th Street Historic District - Requestto Rezone Proof of ~ublication on notice of hearing to consider reclassifying property located in the West 11t Street Historic Preservation District from R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential District and C-1 Neighborhood Commercial District to R-2 Two-Family Residential District as requested by Rodney Carroll, Historic Bluffs Neighborhood Association, and Zoning Advisory Commission recommending approval with the omission ofthree lots at 514 Loras Boulevard (C-1) and 605/635 West 11th Street (R-3). ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located in the West 11th Street Historic Preservation District from R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential District and C-1 Neighborhood Commercial District to R-2 Two- Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 7 2. Asbury Plaza Shopping Center Proof of publication on notice of hearing to consider amending the Asbury Plaza Shopping Center PUD Planned Unit Development District to permit a second free- standing monument style sign on outlots, not to exceed ten square feet in area and ten fees in height as requested by Andrew Mozena, Premier Bank I Jeff Walker, Advanta Sign Company, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque by reclassifying hereinafter described property located at the northwest corner of Asbury Road and the Northwest Arterial to amend Ordinance No. 44-99 that established the PUD Planned Unit Development District for Asbury Plaza and adopting amended regulations for outlot signage Suggested Disposition: Receive and File; Motion B; Motion A 3. Vacating Petition - River Front Subdivision No.3 Proof of publication on notice of hearing to consider a request from Airgas North Central, Inc. (Airgas) to vacate a portion of Kerper Boulevard that abuts the existing Airgas facility at 2240 Kerper Boulevard and City Manager recommending approval. RESOLUTION Approving plat of proposed vacated portion of Kerper Boulevard in Block 6 of River Front Subdivision No.3 RESOLUTION Vacating a portion of Kerper Boulevard in Block 6 of river Front Subdivision No.3 RESOLUTION Disposing of City interest in Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4. Eagle Point Park Concrete Work Project Proof of publication on notice of hearing to consider adoption of the plans and specification for the Eagle Point Park Concrete Work Project and City Manager recommending award of the contract to Kluck Construction, Inc., in the amount of $59,860. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Kluck Construction, Inc. for the Eagle Point Park Concrete Work Project Suggested Disposition: Receive and File; Adopt Resolutions 8 5. Crescent Community Health Center Parking Lot Construction Project Proof of publication on notice of hearing to consider adoption of the plans and specification for the Crescent Community Health Center Parking Lot Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $100,937. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Portzen Construction, Inc. for the Crescent Community Health Center Parking Lot Construction Project Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS 1. Convention and Visitors Bureau Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors Bureau, to present quarterly report. Suggested Disposition: Receive and File 2. Main Street Iowa I Dubuque Main Street, Ltd. Jane Seaton, Main Street Iowa (a division of the Iowa Department of Economic Development), to provide verbal report on state program activity and status of the local Main Street organization, in lieu of Dubuque Main Street verbal presentation. Suggested Disposition: Receive and File 3. Request to Address the City Council Communication from Mike Heitz, 1085 University Avenue, requesting that the City of Dubuque build a new skate park. Suggested Disposition: Receive and File; Council 4. Quasi Judicial Nature of Rezonings City Attorney advising that rezoning, including rezoning to a PUD Planned Unit Development District, is quasi-judicial in nature and, therefore, the City Council should not have any ex parte contact with rezoning applicants, supporters or opponents or City staff, and should not make any individual site visits. Suggested Disposition: Receive and File 9 5. Boating Infrastructure Grant Application City Manager recommending approval of a revised Tier 2 Boating Infrastructure Grant Application for the Riverside Boat Pier. RESOLUTION Authorizing an application for Tier 2 Boating Infrastructure Grant Funds for Riverside Boat Pier Project at the Port of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 6. Delinquent Dog and Cat License Charges City Manager recommending approval of an amendment to Chapter 7 of the Code of Ordinances pertaining to delinquent dog and cat license charges. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 7-34 Dogs- Expiration; Renewal; Delinquent Fee and Section 7-36 Cats - Expiration; Renewal; Delinquent Fees by extending the date when dog and cat licenses become delinquent Suggested Disposition: Receive and File; Motion B; Motion A 7. Ambulance Rates City Manager recommending that he be authorized to establish rates for the City's ambulance service. ORDINANCE Amending City of Dubuque Code of Ordinances Section 23-31 Rates- Established Authorizing the City Manager to Establish Rates for Ambulance Service Suggested Disposition: Receive and File; Motion B; Motion A 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) 2005 Code of Iowa Jeanne F. Schneider October 12, 2006 10