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2 20 07 Agenda - No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – MUNICIPAL FIRE AND EMERGENCY SERVICE RESPONSE AND DEPLOYMENT STUDY 6:30 P.M. – REGULAR MEETING LIBRARY AUDITORIUM TUESDAY, FEBRUARY 20, 2007 PLEDGE OF ALLEGIANCE INVOCATION Reverend Jerry Oakland, St. Luke’s Methodist Church PROCLAMATIONS Professional Social Work Month (March 2007) Richard Kautz Day (February 22, 2007) 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 1/22/07; Arts and Cultural Affairs Advisory Commission of 11/28/06 and 1/23/07; City Council of 2/5/07; Conference Board of 3/6/06 and 1/18/07; Housing Commission of 1/23/07; Zoning Board of Adjustment of 2/7/07 Proof of publication of City Council Proceedings of January 29, 2007 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Deutsche Bank National Trust Company vs City of Dubuque, et al, Nationwide Advantage Mortgage Company vs. City of Dubuque Housing Services Department, et al; Jerry and Mary Donath for property damage; Evelyn Tharp for vehicle damage; Joyce Marie Thurston 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: Evelyn Tharp for vehicle damage and Joyce Marie Thurston for vehicle damage Suggested Disposition: Receive and File; Concur 3. Historic Preservation Commission Communication from Robert McCoy submitting his resignation from the Historic Preservation Commission. Suggested Disposition: Receive and File 4. Fifth Street (Alpine to Delhi Streets) Reconstruction Project City Manager recommending acceptance of the Fifth Street (Alpine to Delhi Streets) Reconstruction Project as completed by Portzen Construction, Inc., in the final contract amount of $1,026,674.20 and approval of the final schedule of assessments. RESOLUTION Accepting the Fifth Street (Alpine to Delhi Streets) Reconstruction Project RESOLUTION Approving final estimate RESOLUTION Adopting the final assessment schedule for the Fifth Street (Alpine to Delhi Streets) 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 Resolutions 5. Silver Oaks Estates Communication from the Zoning Advisory Commission to the Dubuque County Zoning Commission urging them to facilitate Royal Oaks Development in obtaining a secondary emergency access to Silver Oaks Estates Subdivision. Suggested Disposition: Receive and File; Approve 6. Citizen Communication Communication from Karl Stieglitz regarding the City’s snow removal policies. Suggested Disposition: Receive and File; Refer to City Manager 7. National Park Service (NPS) Agreement – Preserve America Grant City Manager recommending approval of an agreement with the National Park Service (NPS) for a Preserve America Grant for the Dubuque History Trail, and a subgrantee agreement with the Dubuque County Historical Society to provide the local match for the grant. RESOLUTION Providing for an agreement with the National Park Service for Preserve America Funds and a Subgrantee Agreement with Dubuque County Historical Society for Dubuque History Trail Suggested Disposition: Receive and File; Adopt Resolution 2 8. Preserve America Grant Application City Manager recommending approval of a $150,000 Preserve America grant application for expansion of the Mines of Spain Interpretive Exhibit and Education Program at the E.B. Lyons Interpretive Center. RESOLUTION Providing for an application to the National Park Service for preserve America funds for Mines of Spain Interpretive Exhibit and Education Program Suggested Disposition: Receive and File; Adopt Resolution 9. Financial Advisory Services City Manager recommending approval of the selection of Public Financial Management (PFM) to provide financial advisory services to the city of Dubuque in connection with issuing bonds for future projects and/or bond refundings. Suggested Disposition: Receive and File; Approve 10. 2006 Urban Revitalization Program Applications City Manager recommending approval of 2006 Urban Revitalization Program applications for residential property tax exemption. RESOLUTION Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor Suggested Disposition: Receive and File; Adopt Resolution 11. Bunker Hill Golf Course Management Agreement City Manager recommending approval of the management agreement with G.M.S., Inc., (George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1 through November 30, 2007. Suggested Disposition: Receive and File; Approve 12. Miller-Riverview Park Management Agreement City Manager recommending approval of the management agreement with Pat Felderman for Miller-Riverview Park from April 1 through November 1, 2007. Suggested Disposition: Receive and File; Approve 13. Purchase of Replacement Dump Truck #2702 City Manager recommending approval of the purchase of a replacement dump truck by the Public Works Department. RESOLUTION Approving the purchase of a dump truck to replace #2702 Suggested Disposition: Receive and File; Adopt Resolution 3 14. Purchase of Replacement Refuse Collection Vehicle #3406 City Manager recommending approval of the purchase of a replacement refuse collection vehicle by the Public Works Department. RESOLUTION Approving the purchase of a refuse collection vehicle to replace #3406 Suggested Disposition: Receive and File; Approve 15. Iowa Governor’s Traffic Safety Grants City Manager recommending approval of the submittal of two Iowa Governor’s Traffic Safety Grant applications. Suggested Disposition: Receive and File; Approve 16. PEG Access Capital Grant Expenditure City Manager recommending approval of the recommendation from the Cable TV Teleprogramming Commission to approve two requests for funding from the Capital Grant for Access Equipment and Facilities. Suggested Disposition: Receive and File; Approve 17. Aerial Orthophotography Project City Manager recommending approval of the selection of Aerial Services, Inc., for completion of the Digital Orthophotography and Data Collection Project. Suggested Disposition: Receive and File; Approve 18. Dubuque Industrial Center West – Seventh Addition City Manager recommending approval of the final plat of Lot 1/Lot 2 of Dubuque Industrial Center West – Seventh Addition. RESOLUTION Approving Plat of Survey of Dubuque Industrial Center West – Seventh Addition Suggested Disposition: Receive and File; Adopt Resolution 19. Port of Dubuque – Subdivision of Lot City Manager recommending approval of the subdivision of a lot in the Port of Dubuque to accommodate the sale of the former Adams Company building to Port of Dubuque Adams Development, LLC to provide space for the Durrant Group. RESOLUTION Approving Plat of Survey of Lot 1 of 2 and Lot 2 of 2 of Adams th Company’s 4 Addition in the City of Dubuque, Iowa th RESOLUTION Approving Plat of Survey of Lots 1 and 2 of Adams Company’s 4 Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 4 20. University of Iowa College of Public Health Communication from the University of Iowa College of Public Health confirming Public Health Specialist Mary Rose Corrigan’s reappointment to the College of Public Health’s Board of Advisors for a two-year term through December 2008. Suggested Disposition: Receive and File 21. Visioning Process for Washington Neighborhood – Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals (RFP) for professional consulting services related to the Washington: Revitalize! initiative. Suggested Disposition: Receive and File; Approve 22. Handan City People’s Government Communication from Zhao Guoling, Mayor of Handan, China welcoming Mayor Roy D. Buol to visit Handan. Suggested Disposition: Receive and File 23. Four Mounds Archeological Survey City Manager recommending approval of a $8,200 grant agreement with the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local Government (CLG) grant to conduct the Phase I Four Mounds Archeological Investigation at the Four Mounds Estate and recommends approval of a subgrantee agreement with the Four Mounds Foundation. RESOLUTION Authorizing Grant Agreement for Archeological Investigation at Four Mounds Estate Suggested Disposition: Receive and File; Adopt Resolution 24. State Revolving Fund Loan (SRF) for Drinking Water Infrastructure Application City Manager recommending approval to apply for State Revolving Loan Funds to fund the Eagle Point Clear Well Reservoir Rehabilitation Project in place of GO Bond financing. Suggested Disposition: Receive and File; Approve 25. Lead Hazard Reduction Program City Manager recommending temporary continuation of the City’s Lead Program even though the City did not receive a continuation of the Federal grant supporting this program. Suggested Disposition: Receive and File; Approve 5 26. Iowa Occupational Safety and Health Administration (IOSHA) City Manager recommending approval of the Expedited Informal Settlement Agreement with Iowa Occupational Safety and Health Administration (IOSHA). Suggested Disposition: Receive and File; Approve 27. Homeowner Loan Programs in Washington Neighborhood City Manager advising of pending amendments to current Housing Department loan guidelines in order to promote homeownership in the Washington Neighborhood. Suggested Disposition: Receive and File 28. Signed Contracts -- Lease Agreement between the City and Congressman Bruce Braley -- Bee Branch Restoration Project – Phase I Contract -- Contract with Arensdorf construction for 2006 – 2007 Snow Removal Suggested Disposition: Receive and File 29. Improvement Contracts / Performance, Payment and Maintenance Bonds -- Chaplain Schmitt Memorial Project Suggested Disposition: Receive and File 30. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted and approval of the liquor license request of Gin Rickey’s, 1447 Central Avenue, for one year annual license versus the six month license previously approved. RESOLUTION Granting the issuance of a Class “C” Beer Permit to Molo Oil Company, Dubuque Discount Gas (4110 Dodge Street) and Dubuque Discount Gas (2175 Central Avenue RESOLUTION Granting the issuance of a Class “B” Liquor License to BW Midway Hotel/Hoffman House and Class “C” Beer/Liquor License to Gin Rickey’s, Town Clock Inn, Dubuque Mining Company, Hammerheads Bar and Billiards, Eagles Club and The Clubhouse Suggested Disposition: Receive and File; Adopt Resolutions 6 ITEMS TO BE SET FOR PUBLIC HEARING 1. Loras College – Request to Vacate and Purchase City Manager recommending that a public hearing be set for March 5, 2007 to consider a request from Loras College to vacate and purchase the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street. RESOLUTION Intent to vacate and dispose of City interest in Lot 30A of Levens’ Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/5/07 2. Residential Parking Permit District City Manager recommending that a public hearing be set for March 5, 2007 to consider a request to establish a Residential Parking Permit District on Phyllrich Drive between Keystone Drive and Keymont Drive. RESOLUTION Setting a public hearing on establishing a Residential Parking Permit District on Phyllrich Drive from Keystone Drive to Keymont Drive Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/5/07 3. Finley Home Addition – Request to Purchase City Manager recommending that a public hearing be set for March 5, 2007 to consider a request from Dennis Benda, representing The Finley Hospital, to purchase a portion of Lot 25 of Finley Home Addition. RESOLUTION Intent to vacate and dispose of City interest in Lot 1 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/5/07 4. Third Street Water Tower Lease Agreement City Manager recommending that a public hearing be set for March 5, 2007 to consider approval of a lease agreement with Iowa Communications and Technology Commission of the State of Iowa (ICN) for the ICN building beneath the Third Street water tower. RESOLUTION Intent to dispose of an interest in real property by lease with the Iowa Communications and Technology Commission of the State of Iowa Suggested Disposition: Receive and File; Public Hearing 3/5/07 7 5. Federal Building Rehabilitation Project City Manager recommending initiation of the public bidding process for the Federal Building Rehabilitation Project and that a public hearing on the plans and specifications, form of contract and estimated cost be set for March 5, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the Federal Building Renovation Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Federal Building Renovation Project RESOLUTION Ordering the advertisement for bids for the Federal Building Renovation Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/5/07 6. Historic Old Main Street Lighting and Sidewalk Replacement Project City Manager recommending initiation of the public bidding process for the Historic Old Main Street Lighting and Sidewalk Replacement Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for March 5, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project RESOLUTION of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering the advertisement for bids for the Historic Old Main Street Lighting and Sidewalk Replacement Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/5/07 8 7. Fifth Street Reconstruction – Alpine to Hill Streets Project City Manager recommending initiation of the public bidding process for the Fifth Street Reconstruction – Alpine to Hill Streets Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for March 5, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the Fifth Street Reconstruction – Alpine to Hill Streets Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Fifth Street Reconstruction – Alpine to Hill Streets Project RESOLUTION of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering the advertisement for bids for the Fifth Street Reconstruction – Alpine to Hill Streets Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/5/07 8. Fiscal Year 2008 Budget City Manager recommending that a public hearing be set for March 8, 2007 to consider adoption of the Fiscal Year 2008 Budget and Five Year Capital Improvement Program. RESOLUTION Setting the date for the public hearing on the Fiscal Year 2008 Budget for the City of Dubuque RESOLUTION Setting the date for the public hearing on the Five Year Capital Improvement Program fro Fiscal Years 2008 through 2012 for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/5/07 9. Expansion of Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC City Manager recommending that a public hearing be set for April 2, 2007 to consider approval of a Development Agreement with Walter Development LLC, who will be constructing a 120,000 square foot distribution facility and office for Kendall/Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC., all related companies, on 13.915 acres in Dubuque Industrial Center West. RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development of certain real property and improvements in the Dubuque Industrial Center Economic Development Urban Renewal District; (2) determining that the Development Agreement submitted by Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River 9 Technologies, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the Development Agreement with Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River Technologies, LLC in the event that no competing proposals are submitted providing for the sale of Lot 1 Dubuque th Industrial Center West 7 Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof; and (3) soliciting competing proposals Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/2/07 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (Two At-Large terms – terms of Giesen, Maloy; one Housing Commission Representative term – vacant and one Low/Moderate Income term all through February 2010) Applicants: Michael Gukeisen and Teresa Caldwell Appointments to the following Boards/Commissions: Community Development Advisory Commission (Two At-Large terms – terms of Giesen, Maloy; one Housing Commission Representative term – vacant and one Low/Moderate Income term all through February 2010) Applicants: Paula Maloy, SVM Plumbing Board (Three 3-year terms through November 2009 – terms of Harris, Papin, one vacancy; two 3-year terms through November 2008 – terms of Gonner, Willenborg) Applicants: Michael Swift (B.S. Vacancy), Dan Harris (At-Large), Harlan Willenborg, Paul Papin, Stanley Gonner (Master Plumbers) Electrical Code Board (One 3-year term through May 2008 – term of Pregler) Applicant: Ronald Mueller 10 PUBLIC HEARINGS SUSPEND THE RULES 1. Tanzanite Drive – Planned Unit Development District Proof of publication on notice of hearing to consider a request from Ron Klein, Klein Construction Company, to amend the PUD Planned Unit Development District on Tanzanite Drive (Lot F of Emerald Acres No. 4) to allow 42 two-unit townhouses with revised access and setbacks and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances No. 10-99, 96-02, 83-03 and 14-06, which adopted regulations for the Emerald Aces PUD Planned Unit Development District with a PR Planned Residential Designation and approving an amended ordinance for the Emerald Acres PUD Planned Unit Development District Suggested Disposition: Receive and File; Concur with Denial; Motion B; Motion A (Super Majority Vote) 2. Subdivision Regulations – Text Amendment Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Section 42-24-(a) Improvement Guarantees of the City of Dubuque Subdivision Regulations and Zoning Advisory Commission recommending approval. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 42-24 Improvement Guarantees providing for the reduction of securities for public improvements upon substantial completion of such improvements Suggested Disposition: Receive and File; Motion B; Motion A 3. Greater Downtown Urban Renewal District Proof of publication on notice of hearing to consider an amendment of the Urban Renewal Plan for the Greater Downtown Urban Renewal District to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie-Stout Public Library and the Former U.S. Federal Building, and City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution 11 4. Vacating Petition – Portion of Union Street South of Rush Street Proof of publication on notice of hearing to consider approval of a request from David L. Clemens, representing Robert McClain, to vacate and purchase a portion of Union Street south of Rush Street, and City Manager recommending approval. RESOLUTION Approving plat of proposed vacated portion of Union Street south of Rush Street RESOLUTION Vacating a portion of Union Street south of Rush Street RESOLUTION Disposing of City interest in Lot 209A of Union Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 5. Heron Pond Tree Removal Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Heron Pond Tree Removal Project and City Manager recommending award of the contract to Top Grade Excavating in the amount of $30,299. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Top Grade Excavating for the Heron Pond Tree Removal Project Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS 1. Greater Dubuque Development Corporation Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, to provide verbal update on activities of GDDC. Suggested Disposition: Receive and File 12 2. Amendment to First Transit Contract (Tabled at the February 5, 2007 Meeting) City Manager recommending approval of an amendment to the contract with First Transit to expand their team in Dubuque from one to two positions to fill the vacant Transportation Clerk position. RESOLUTION Approving the Second Amendment to the Management Agreement between the City of Dubuque and First Transit Suggested Disposition: Receive and File; Remove from Table; Adopt Resolution 3. Silver Oaks Estate Zoning Advisory Commission recommending approval of the preliminary plat of Silver Oaks Estate as requested by Royal Oaks Development, Inc. Suggested Disposition: Receive and File; Approve 4. W.C. Stewart Construction, Inc. / Wayne Briggs Real Estate Communication from Brian J. Kane, counsel for Messrs. Briggs and Stewart, requesting that a public hearing be scheduled at the site of the W.C. Stewart Construction, Inc. / Wayne Briggs real estate along Old Highway Road. Suggested Disposition: Receive and File; Council 5. Construction Management Contract for Port of Dubuque Parking Ramp City Manager recommending the selection of Conlon Construction as the Construction Manager for the Port of Dubuque Public Parking Ramp project in the amount of $535,000. Suggested Disposition: Receive and File; Approve 6. Erosion and Sediment Control (ESC) Ordinance City Manager recommending approval of an amendment to Chapter 44 of the Code of Dubuque Code of Ordinances by adding a new Article VII – Erosion and Sediment Control (ESC). ORDINANCE Amending Chapter 44 of the City of Dubuque Code of Ordinances by adding a new Article VII, Erosion and Sediment Control, providing for the regulation of land disturbing activity; establishing the requirements for a permit for such activity and the procedures for monitoring such activity; and providing for violations and enforcement of such requirements Suggested Disposition: Receive and File; Motion B; Motion A 13 7. Memorial Request Communication from Jeffrey Mozena requesting City consideration of the construction of a memorial, in partnership with his family, to Kris Ann Mozena McNamer at Eagle Point Park. Suggested Disposition: Receive and File; Council Direction 8. 2011 Iowa League of Cities Conference City Manager recommending that the City submit a bid for the 2011 Iowa League of Cities Conference and Exhibit and that a City Council Member serve as the City’s representative in planning the conference. Suggested Disposition: Receive and File; Approve; Council Appointment 9. Iowa League of Cities Communication from the Iowa League of Cities appointing Council Member Pat Cline to serve as one of Iowa’s representatives on the Energy, Environment and Natural Resources (EENR) Committee. Suggested Disposition: Receive and File; Approve 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, Personnel Issue and Property Acquisition – Chapter 21.5(1)(c)(i)(j) 2007 Code of Iowa Jeanne F. Schneider February 15, 2007 14