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3 5 07 Council Agenda with IconsORDER OF ROLL CALL FOR MEETING OF 315107 MICHALSKI BRAIG BUOL CLINE CONNORS JONES LYNCH CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. -COMPREHENSIVE PLAN UPDATE 6:30 P.M. -REGULAR MEETING LIBRARY AUDITORIUM MONDAY, MARCH 5, 2007 PLEDGE OF ALLEGIANCE INVOCATION Reverend Jerry Oakland, St. Luke's Methodist Church PROCLAMATIONS Mental Retardation Awareness Month (March, 2007) Boys and Girls Club Week (March 25 - 31, 2007} Mental Retardation Boys and Girls Club 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. 2. Minutes and Reports Submitted City Council of 2/15, 2/20, 2/22, and 2/26; Civil Service of 1/9 and 1/25; Historic Preservation Commission of 2/15; Long Range Planning Advisory Commission of 2/14 Proof of publication of City Council Proceedings of February 5, 2007 Suggested Disposition: Receive and File City Council of 2/15 HPC City Council of 2/20 Long Range Planning City Council of 2/22 City Counicl of 2/26 Civil Service of 1/9 Civil Service of 1/25 Notice of Claims/Suits William Ambrosy for vehicle damage; LeRoy Cain for vehicle damage; Gail Featherston for vehicle damage; Thomas Koch, d/b/a Paul's Tavern vs. City of Dubuque, Iowa for property damage; Mark Lange for vehicle damage; George Maury for vehicle damage; Mary V. Moyer for vehicle damage; Linda A. Strong for personal injury; Steven Viertel 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: William Ambrosy for vehicle damage, Mary Donath for property damage, Gail Featherston for vehicle damage, Mark Lange for vehicle damage, Mary V. Moyer for vehicle damage, Linda A. Strong for personal injury, and Steven Viertel for vehicle damage City Attorney recommending that the claims of LeRoy Cain for vehicle damage and George Maury for vehicle damage be denied. Suggested Disposition: Receive and File; Concur Claims - ICAP Claims -Denied 2 3. 4. Airport Commission Communication from Teri Hawks Goodmann resigning her position on the Airport Commission. Suggested Disposition: Receive and File Goodmann Ltr Bowling and Beyond Dubuque, Inc. Communication from Arthur F. Gilloon, representing Bowling and Beyond Dubuque, Inc., providing notification that Bowling and Beyond Dubuque, Inc., hereby exercises it option to extend the May 2, 1958 lease, the April 14, 1964 lease, and the "Addendum to Lease Agreement" dated June 19, 1973 for an additional term of fifty (50) years. Suggested Disposition: Receive and File Bowling & Beyond Ltr 5. Collective Bargaining Agreement -International Union of Operating Engineers City Manager recommending approval of the three year collective bargaining agreement with the International Union of Operating Engineers, Local #758. RESOLUTION Approving the agreement between the City of Dubuque, Iowa and the International Union of Operating Engineers, Local #758, and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution Agreement - MVM Agreement -Staff Agreement - Memo Memo Resolution 6. 2404 Washington Street -Purchase of Property City Manager recommending approval of the purchase of a four-plex residential dwelling located at 2404 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2404 Washington Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 3 2404 Washington - 2404 Washington - 2404 Washington - MVM Merry Staff Memo Resolution 7. 2318 Washington Street -Purchase of Property City Manager recommending approval of the purchase of a residential dwelling located at 2318 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2318 Washington Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2318 Washington - 2318 Washington - 2318 Washington - MVM Memo Staff Memo Resolution 8. 508 East 22"d Street -Purchase of Property City Manager recommending approval of the purchase of a residential dwelling located at 508 East 22"d Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 508 East 22"d Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 508 E. 22nd - MVM 508 E. 22nd -Staff 508 E. 22nd - MemD Memo Resolution 9. Purchase of Replacement Dump Truck #4404 City Manager recommending approval of the purchase of a replacement one-ton dump truck by the Leisure Services Department. RESOLUTION Approving the purchase of a dump truck to replace #4404 Suggested Disposition: Receive and File; Adopt Resolution #4404 - MVM Memo #4404 -Staff Memo #4404 -Resolution 4 10. 11. 12. 13. Purchase of Replacement Dump Truck #4408 City Manager recommending approval of the purchase of a one-ton replacement dump truck by the Leisure Services Department. RESOLUTION Approving the purchase of a dump truck to replace #4408 Suggested Disposition: Receive and File; Adopt Resolution #4408 - MvM Memo #4408 -Staff Memo #4408 -Resolution Purchase of Replacement Dump Truck #3216 City Manager recommending approval of the purchase of a new 54,000 GVW dump truck by the Public Works Department to replace #3216. RESOLUTION Approving the purchase of a dump truck to replace #3216 Suggested Disposition: Receive and File; Adopt Resolution #3216 - MVM Memo #3216 -Staff Memo #3216 -Resolution #3216 -Bid Summary City Manager Employment Agreement Approval of the sixteenth amendment to the City Manager's employment agreement. Suggested Disposition: Receive and File; Approve Employment Agreement Legislative Correspondence Communication to the Subcommittee of Senate Commerce Committee relaying concerns the City of Dubuque has with Senate Study Bill (SSB) 1208 regarding statewide cable television franchising. Communication to State Legislators urging opposition to SSB 1208 in its current form and any legislation that prevents a community from acquiring a cable television franchise that best meets the needs of its citizens. Communication to Federal Legislators requesting support of additional Fiscal Year 2008 Federal Funding for trail development as part of the City of Dubuque's Iowa Great Places designation. 5 Communication to State Legislators concerning legislation affecting Tax Increment Financing and the Instructional Support Levy. Suggested Disposition: Receive and File ~" SSB 1208 Legislative Ltr -SSB Great Places Ltr TIF Ltr 1208 14. University of Dubuque I-Net User Agreement City Manager recommending approval of an I-Net User Agreement with the University of Dubuque. Suggested Disposition: Receive and File; Approve I-Net - MVM Memo I-Net -Staff Memo I-Net Agreement 15. Severance of Properties City Manager recommending approval of the severance requests of two properties on Sandpiper Lane and two properties on Berry Lane from the City of Dubuque. RESOLUTION Approving applications for voluntary severance of territory from the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Severance - MVM Severance -Staff Severance - Severance -Exhibit Severance -Staff Severance -Request Memo Memo Resolution A Report Ltrs 16. Fiscal Year 2008 Capital Improvement Program Communication from the Long Range Planning Advisory Commission recommending approval of the City Manager's recommended Fiscal Year 2008 Capital Improvement Program budget as consistent with the Comprehensive Plan. Suggested Disposition: Receive and File CIP - LRPAC Ltr 6 17. Sustainable Design Assessment Team City Manager recommending approval of a Memorandum of Understanding with the American Institute of Architects for the Sustainable Design Assessment Team grant. Suggested Disposition: Receive and File; Approve SDATGrant - MVM SDAT-Staff Memo AIA Handout Memorandum of Memo Understanding 18. United Development Code Citizens Advisory Committee City Manager recommending that Dr. Charles Winterwood be approved as an additional member to the Unified Development Code Citizens Advisory Committee. Suggested Disposition: Receive and File; Approve UDC Member - MVM UDC -Staff Memo UDC Committee List Memo 19. Greater Downtown Urban Renewal District Communication from the Long Range Planning Advisory Commission in support of the proposed amendment to the Amended and Restated Greater Downtown Urban Renewal District and recommending approval. Suggested Disposition: Receive and File District - LRPAC Ltr 20. Petition for Drop-Off/Pick-Up Lane on 25t" Street City Manager recommending that a petition for adrop-off/pick up lane on 25t" Street for a licensed child care center at 2501 Jackson Street be referred to the City Manager. Suggested Disposition: Receive and File; Refer to the City Manager 2501 Jackson - MVM 2501 Jackson -Staff 2501 Jackson -Map 2501 Jackson - Memo Memo Petition 7 21. 22. 23 24. Silos and Smokestacks Grant Application City Manager recommending support of a Friends of the Mines of Spain State Recreation Area grant application to the Silos and Smokestacks National Heritage Area. Suggested Disposition: Receive and File; Approve Mines of Spain - MVM Mines of Spain - Mines of Spain - Memo Staff Memo Support Ltr State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Dubuque Star Brewery, 500 East Fifth Street, has been accepted for nomination to the National Register of Historical Places by the State Nominations Review Committee. Suggested Disposition: Receive and File Brewery -State Ltr Arts and Culture Grant Program for Special Projects Arts and Cultural Affairs Advisory Commission recommending approval of a modification to the Arts and Culture Grant Program for Special Projects. Suggested Disposition: Receive and File; Approve Arts Corrrnission Special Projects Memo Application Citizen Communication Communication from John and Betty Fox expressing gratitude to the Dubuque Fire Department for the prompt and efficient response on February 9, 2007. Suggested Disposition: Receive and File Fox Ltr 8 25. 26. 27. Signed Contracts -- Iowa Department of Natural Resources Grant Contract Suggested Disposition: Receive and Fite IDNR Contract Business License Refund Request of WCB Hotels, lnc., d/b/a Best Western Midway Hotel/Hoffman House Restaurant/3100 Club, for a refund of Cigarette License #DBQ-062 in the amount of $25.00. Suggested Disposition: Receive and File; Approve Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class "C" Beer Permit to Econo Foods and Hartig Drug #8 RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Chances R, Yardarm Bar, Dubuque Greyhound Park, Neighbor's Tap, Bunker Hill, and Isabella's; Class "E" Liquor License to Hartig Drug #8; Class "B" Wine Permit to Hartig Drug #8 and Econo Foods #471; and Class "WBN" Native Wine to National Mississippi River Museum Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals -Staff Resolution #1 Resolution #2 Police Reports Memo Memo 9 ITEMS TO BE SET FOR PUBLIC HEARING 1. City Hall Envelope Restoration (Tuckpointing Project City Manager recommending initiation of the public bidding process for the City Hall Envelope Restoration (Tuckpointing) Project and that a public hearing be set for April 2, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the City Hall Envelope Restoration (Tuckpointing) Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the City Hall Envelope Restoration (Tuckpointing) Project RESOLUTION Ordering the advertisement for bids for the City Hall Envelope Restoration (Tuckpointing) Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/2/07 City Hall - MVM Memo City HaU -Staff City Hall - Memo Resolutions 2. Valentine Park Rest Room Project City Manager recommending initiation of the Valentine Park Rest Room Project and that a public hearing be set for April 16, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project RESOLUTION Ordering the advertisement for bids for the Valentine Park Rest Room Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/16/07 Park - MVM Memo Park -Staff Memo Park -Resolutions 10 T 3. Federal Building -Third Floor Window Repair/Lead Abatement Removal Project City Manager recommending initiation of the public bidding process for the Federal Building -Third Floor Window Repair/Lead Abatement Removal Project and that a public hearing on the plans and specifications, form of contract and estimated cost be set for April 2, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the Federal Building -Third Floor Window Repair/Lead Abatement Removal Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Federal Building -Third Floor Window Repair/Lead Abatement Removal Project RESOLUTION Ordering the advertisement for bids for the Federal Building -Third Floor Window Repair/Lead Abatement Removal Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4!2/07 Federal Bldg - MVM Federal Bldg -Staff Federal Bldg - Memo Memo Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Zoning Board of Adjustment (One unexpired 5-year term through March 2012 -term of Gibbs) Applicant: William Gibbs TV Cable Regulatory Commission (One expired three-year term through June 2009 - term of Ellis) Applicant: Charles Ellis Appointments to the following Boards/Commissions: Community Development Advisory Commission (One At-Large term -term of Giesen, one Housing Commission Representative term -vacant and one Low/Moderate Income term all through February 2010) Applicants: Michael Gukeisen, Teresa Caldwell Bd and Comm List Overview Sheet CDAC Applications Zoning Bd of Adj Application Cable Appl'~cation 11 PUBLIC HEARINGS SUSPEND THE RULES 1. Loras College -Request to Vacate and Purchase Proof of publication on notice of hearing 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 and City Manager recommending approval. RESOLUTION Approving plat of proposed vacated alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street RESOLUTION Vacating the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street RESOLUTION Disposing of City interest in the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions Loras - MVM Memo Loras -Staff Memo Loras -Resolutions Material from February 20, 2007 City Council Meeting Loras - MVM Memo Loras -Staff Memo Loras -Resolution Loras - Ycinity Map/ Loras Ltr & Exhibits Pfat 2. Finley Home Addition -Request to Purchase Proof of publication on notice of hearing to consider a request from Dennis Benda, representing The Finley Hospital, to purchase a portion of Lot 25 of Finley Home Addition and City Manager recommending approval. RESOLUTION Disposing 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 Finley - MVM Merro Finley -Staff Merin Finley -Resolution 12 Material from February 20, 2007 City Council Meeting 3. 4. Finley - MVM Memo Finley -Staff Memo Finley -Resolution Finley -Vicinity Map/ Finley -Request Ltr Plat Third Street Water Tower Lease Agreement Proof of publication on notice of hearing 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 and City Manager recommending approval. RESOLUTION Disposing of an interest in real property by lease agreement with the Iowa Communications and Technology Commission Suggested Disposition: Receive and File; Adopt Resolution ICN Lease - MVM ICN Lease -Staff ICN Lease - Memo Memo Resolution Material from February 20, 2007 City Council Meeting L=:J lJ Lease - MVM Memo Lease -Staff Memo Lease -Resolution Lease Agreement Residential Parking Permit District Proof of publication on notice of hearing to consider a request to establish a Residential Parking Permit District on Phyllrich Drive between Keystone Drive and Keymont Drive. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by adopting a new Section 32-401 providing for the designation of Phyllrich Drive between Keystone Drive and Keymont Drive as a Residential Parking Permit District Suggested Disposition: Receive and File; Motion B; Motion A RPPD - MVM Memo RPPD -Staff Memo RPPD -Ordinance Material from February 20, 2007 City Council Meeting RPPD - MVM Memo Phyllrich -Staff Phyllrich -Resolution Phyllrich -Vicinity Memo Map Suggested Motion Phyllrich -Petition 13 5. Historic Old Main Street Lighting and Sidewalk Replacement Project Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project and City Manager recommending approval. RESOLUTION Approval of plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Historic Old Main Street Lighting and Sidewalk Replacement Project RESOLUTION Adopting the preliminary schedule of assessments for the Historic Old Main Street Lighting and Sidewalk Replacement Project Suggested Disposition: Receive and File; Adopt Resolutions Old Main - MVM Old Main -Staff Old Main - Memo Merry Resolutions Material from February 20, 2007 City Council Meeting Old Main - MVM Old Main -Staff Memo Memo Old Main - Old Main -Schedule Resolutions of Assessments 6. Fifth Street Reconstruction -Alpine to Hill Streets Project Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Fifth Street Reconstruction - Alpine to Hill Streets Project and City Manager recommending approval. RESOLUTION Approval of plans and specifications, form of contract, and estimated cost for the Fifth Street Reconstruction -Alpine to Hill Streets Project RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Fifth Street Reconstruction -Alpine to Hill Streets Project RESOLUTION Adopting the preliminary schedule of assessments for the Fifth Street Reconstruction -Alpine to Hill Streets Project Suggested Disposition: Receive and File; Adopt Resolutions 5th Street - MVM 5th Street -Staff 5th Street - Memo Memo Resolutions 14 Material from February 20, 2007 City Council Meeting 7. 5th Street -MVM 5th Street -Staff Memo Memo 5th Street - 5th Street -Schedule Resolutions of Assessments US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase 11 Proof of publication on notice of hearing to consider the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II and City Manager recommending rejection of all bids received. RESOLUTION Rejecting bids for the US 20 (Devon Drive to Menards) Capacity Improvements Project -Phase II, Traffic Signal and Intelligent Transportation System Improvements (Iowa DOT Project No. STP-A-020-9(187)-22-31) Suggested Disposition: Receive and File; Adopt Resolution US 20 -MVM Memo US 20 -Staff Memo US 20 -Resolution Material from January 16, 2007 City Council Meeting US 20 -MVM Memo US 20 -Staff Memo US 20 -Resolutions REINSTATE THE RULES ACTION ITEMS 1. National Scenic Byways Grant Agreements City Manager recommending approval of an agreement with the Iowa Department of Transportation fora $5,000,000 National Scenic Byways grant for the design and construction of the Great Rivers Center and Rivers to the Sea Exhibit, a subgrantee agreement with the Dubuque County Historical Society to provide the local match for the grant, and an escrow agreement with the Historical Society for the local match. RESOLUTION Authorizing an agreement with the Iowa Department of Transportation and a subgrantee Agreement and Escrow Agreement with the Dubuque County Historical Society for a National Scenic Byways Grant for the Great Rivers Center and Rivers to the Sea Exhibit Suggested Disposition: Receive and File; Adopt Resolution Byways Grant -MVM .Byways Grant -Staff Byways Grant - IDOT subgrantee DOHS Escrow Security Escrow Memo Memo Resolution Agr Agreement Agreement 15 2. Transportation Clerk Position City Manager recommending approval of the abolishment of the Transportation Clerk position in the Transit Department. RESOLUTION Abolishing the Transportation Clerk position Suggested Disposition: Receive and File; Adopt Resolution Positbn - MVM Memo Position -Staff Memo Position -Resolution 3. Future Land Use Planning for Airport Environs City Manager recommending that the City Council continue on the current path of planned and managed growth and not support atwo-mile agricultural buffer around the Airport. Communication from the Long Range Planning Advisory Commission recommending that the City Council open communication with the Dubuque County Board of Supervisors regarding land uses and zoning which surround the Airport. Suggested Disposition: Receive and File; Council Airport - MVM Memo Airport - LRPAC Ltr 4. Installation of Sidewalks on John F. Kennedy Road Communication from Beverly McCarthy, 3038 Huntington Drive, regarding the lack of sidewalks on John F. Kennedy Road. Suggested Disposition: Receive and File; Council McCarthy Ltr 5. Welcome to Dubuque Signs City Manager requesting City Council direction on proposed verbiage for two new Welcome to Dubuque Signs. Suggested Disposition: Receive and File; Council Direction Signs - MVM Memo Signs -Staff Memo Welcome Sign America's River Sign Location Map 16 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 March 1, 2007 17