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4 16 07 Agenda - No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, APRIL 16, 2007 PLEDGE OF ALLEGIANCE INVOCATION Reverend Thomas W. Young, Westminster Presbyterian Church PROCLAMATIONS Fair Housing Month (April, 2007) Law Day (May 1, 2007) Laughter Day (May 6, 2007) Historic Preservation Month (May, 2007) PRESENTATION Aquila Rebate Presentation 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 3/26; City Council of 4/2; Civil Service Commission of 4/5; Electrical Code Board of 3/27; Housing Commission of 3/27; Human Rights Commission of 3/12; Library Board of Trustees of 2/22; Mechanical Board of 4/7; Zoning Advisory Commission of 4/4; Zoning Board of Adjustment of 3/22 Proof of publication of City Council Proceedings of 3/19 Library Board of Trustees Update from Meeting of March 26, 2007 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Loras G. Boge for property damage; Janice Firzlaff for property damage; Julie Gingrass for property damage; Margaret and Alan Jones for vehicle damage; David A. Jones for vehicle damage; Paul and Nancy Kaufman for property damage; Michael and Mary Ann Koch for property damage; Mike and Sue McGinnis, on behalf of Thelma McGinnis, for personal injury 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: Loras Boge for property damage; Jerome Ehlers for property damage; Janice Firzlaff for property damage; Julie Gingrass for property damage; Paul and Nancy Kaufman for property damage; Lorraine Kelleher for property damage; Michael and Mary Ann Koch for property damage; Michael and Sue McGinnis on behalf of Thelma McGinnis for personal injury; Lori Ziegenfuss for property damage Suggested Disposition: Receive and File; Concur 3. Collective Bargaining Agreement City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union to provide for a work week that consists of ten (10) hours per day and four (4) days per week for the Airport Maintenanceworkers and Airport Mechanic. Suggested Disposition: Receive and File; Approve 4. Voluntary Annexation Request – Tri-State Development LLC City Manager recommending that the public hearing set for May 7, 2007 to consider a request from Tri-State Development LLC for voluntary annexation of 1.19 acres of property at 12653 Seippel Road be tabled until further notice from the applicant. Suggested Disposition: Receive and File; Table 5. Riverwalk Security Camera System City Manager recommending approval of the selection of Racom to provide the Riverwalk Security Camera System from the Recognition Wall mural northerly to the Alliant Amphitheater site. Suggested Disposition: Receive and File; Approve 6. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development (HUD) advising that the City’s 2006 McKinney-Vento Act homeless assistance application has been selected for funding in the amount of $536,520.00. Suggested Disposition: Receive and File 7. Plat of Survey – Finley Home Addition No. 2 City Manager recommending approval of the Plat of Survey for Lot 1 and Lot 2 of Finley Home Addition No. 2. RESOLUTION Approving Plat of Survey of Lot 1 and Lot 2 of Finley Home Addition #2 Suggested Disposition: Receive and File; Adopt Resolution 2 nd 8. Memorandum of Agreement – West 32 Street Detention Basin Project City Manager recommending that the City negotiate a Memorandum of Agreement with the U.S. Army Corps of Engineers and the Iowa State Historic Preservation Office nd regarding the West 32 Street Detention Basin Project. Suggested Disposition: Receive and File; Approve nd 9. 32 Street Detention Basin – Lead Federal Agency for Section 106 Compliance City Manager recommending approval of an agreement between the City of Dubuque, the US Army Corps of Engineers (USACE), and the Iowa Department of Natural Resources (IDNR) establishing the USACE as the lead federal agency to fulfill the nd responsibilities under 36 CFR Part 800, Section 106 for the West 32 Street Detention Basin Project. Suggested Disposition: Receive and File; Approve 10. AV Equipment Purchase – Federal Building Renovation Project City Manager recommending approval of the acquisition of the Federal Building audiovisual equipment from Electronic Communication Systems, Inc. of Davenport, Iowa, in the amount of $97,829.21. RESOLUTION Approving the purchase and installation of audiovisual equipment for the Federal Building Renovation Project (CIP 1001841) Suggested Disposition: Receive and File; Adopt Resolution 11. Federal Building Renovation – Housing and Community Development Department Furnishings City Manager recommending approval of the purchase and installation of furnishings for the Housing and Community Development Department as part of the Federal Building Renovation Project. RESOLUTION Approving the purchase of the furnishings for the Housing and Community Development Department as part of the Federal Building Renovation Project (CIP 1001841) Suggested Disposition: Receive and File; Adopt Resolution 12. Iowa Great Places – Memorandum of Understanding City Manager recommending approval of a draft Memorandum of Understanding between the City and the State of Iowa for the Iowa Great Places Program and approval to finalize this agreement, and as long as there are no material changes, to execute the agreement. Suggested Disposition: Receive and File; Approve 3 13. Eagle Point Park Roofing Project City Manager recommending acceptance of the Eagle Point Park Roofing Project as completed by Kluck Construction, Inc., in the final contract amount of $54,645.50. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 14. University of Dubuque Indemnification Agreement City Manager recommending approval of the Mutual Indemnification Agreement with the University of Dubuque for use of their facilities for various recreation programs. Suggested Disposition: Receive and File; Approve 15. Dubuque Water Ski Club Lease City Manager recommending approval of a one-year lease with the Dubuque Water Ski Club. Suggested Disposition: Receive and File; Approve 16. Request for Proposals – Financial Services City Manager recommending approval of the issuance of a Request for Proposals for the City’s Financial Services. Suggested Disposition: Receive and File; Approve 17. Legislative Correspondence Communication to area legislators urging opposition to any bill which would limit the City’s ability to collect delinquent utility accounts. Suggested Disposition: Receive and File 18. Amtrak – Letter of Support Communication to Milt Sees, Acting Secretary of the Illinois Department of Transportation, in support of the route for Amtrak rail service from Chicago through Rockford, Freeport, and Galena, Illinois into Dubuque and further requesting that the Illinois General Assembly provide the initial funding to launch this project. Suggested Disposition: Receive and File 4 19. Request for Proposals – 1126 White Street City Manager recommending approval of the issuance of a Request for Proposals and creation of a public/private partnership with the Dubuque Community School District for conversion of the School District property at 1126 White Street to town homes for owner-occupant households. Suggested Disposition: Receive and File; Approve 20. HUD Regulatory Reform Communication to The Honorable Alphonso Jackson, Secretary of the United States Department of Housing and Urban Development Department accepting an invitation to become a participant in the Housing and Urban Development’s National Call to Action for Affordable Housing through Regulatory Reform. Suggested Disposition: Receive and File 21. Food Scrap Recycling Pilot Program City Manager recommending that the service fee for the 2007 Food Scrap Recycling Pilot Program be reduced for residential and commercial customers. Suggested Disposition: Receive and File; Approve 22. Theisen Supply, Inc. City Manager recommending approval of the Subordination Agreement in favor of Theisen’s first mortgage lender, U.S. Bank, N.A. pursuant to the June 19, 2006 Development Agreement between the City of Dubuque, Chavenelle Warehouse Development, LLC, and Theisen Supply, Inc. Suggested Disposition: Receive and File; Approve 23. 2030 Land Use Map City Manager recommending approval of a resolution adopting the 2030 Future Land Use Map that was approved after a public hearing on April 2, 2007. RESOLUTION Approving the 2030 Future Land Use Map of the City of Dubuque Comprehensive Plan Suggested Disposition: Receive and File; Adopt Resolution 24. Purchase of Equipment City Manager recommending approval of the purchase of two 31,000 GVW dump trucks and associated equipment from the low bidder, Hawkeye Truck and Henderson Truck Equipment, in the amount of $182,265. RESOLUTION Approving expenditures in excess of $25,000 for certain purchases of goods and equipment Suggested Disposition: Receive and File; Adopt Resolution 5 25. Multijurisdictional Drug Task Force Agreement City Manager recommending approval of the Multijurisdictional Drug Task Force Agreement between the City of Dubuque, Dubuque County, City of East Dubuque, Illinois and Jo Daviess County, Illinois. Suggested Disposition: Receive and File; Approve 26. Improvement Contracts / Performance, Payment and Maintenance Bonds RESOLUTION Approving public improvement contracts and bonds -- Historic Old Main Street – Lighting and Sidewalk Replacement Project -- Federal Building Renovation Project -- Eagle Point Park Fee Collector’s Building Project Suggested Disposition: Receive and File; Adopt Resolution 27. Business License Refunds -- David H. Hoffman, The White House – Cigarette License -- Judy Wagner, Wagner Copper Kettle – Beer and Liquor License -- Eddie Hwang, Taiko’s – Beer Permit Suggested Disposition: Receive and File; Approve Refunds 28. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. th RESOLUTION Granting the issuance of a Class C Beer Permit to 16 Street Auto/Truck Plaza, Tobacco Outlet Plus, and Lien Oriental American RESOLUTION Granting the issuance of a Class A Liquor License to Dubuque Moose Lodge #355; Class C Beer/Liquor License to Carlos O’Kelly’s (2-Day Outdoor Service), DaVinci’s Restaurant and Lounge, Catfish Charlie’s, Sublime, Whiskey River, Olive Garden and Lot One; and Class B Wine Permit to Carroll’s Wine Company 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. Fiscal Year 2007 Budget Amendment City Manager recommending that a public hearing be set for May 7, 2007 to consider approval of the second amendment to the Fiscal Year 2007 operating budget. RESOLUTION Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2007 budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/7/07 6 2. White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting City Manager recommending initiation of the public bidding process for the White Water Creek Bridge Relocation Project Phase II – Lead Paint Removal, Cleaning and Painting and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 7, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting RESOLUTION Ordering the advertisement for bids for the White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/7/07 3. Rush Street Reconstruction Project City Manager recommending initiation of the public bidding process for the Rush Street Reconstruction Project and that a public hearing on the plans and specifications, form of contract, estimated cost and Resolution of Necessity be set for May 7, 2007. Communication from Daniel D. and Millie Boge, 333 Villa Street, requesting that the City Council exempt their property from the directive requiring installation of a sidewalk when replacing a street. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Rush Street Reconstruction Project RESOLUTION Ordering the advertisement for bids for the Rush Street Reconstruction Project RESOLUTION Approving the plats, schedule of assessments and estimate of total cost for the Rush Street Reconstruction Project RESOLUTION of Necessity for the Rush Street Reconstruction Project RESOLUTION Fixing date of public hearing on Resolution of Necessity Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/7/07 7 4. Asbury Plaza Area Wastewater Pumping Facilities Project City Manager recommending initiation of the public bidding process for the Asbury Plaza Area Wastewater Pumping Facilities Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for May 7, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project RESOLUTION Ordering the advertisement for bids for the Asbury Plaza Area Wastewater Pumping Facilities Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/7/07 5. US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II City Manager recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II and that a public hearing on the plans and specifications, form of contract and estimated cost be set for May 7, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract and estimated cost RESOLUTION Setting date of hearing on plans and specifications, form of contract and estimated cost RESOLUTION Ordering the advertisement for bids for the US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/7/07 BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Airport Commission -- One unexpired term through September 14, 2008 – Term of Goodmann Applicants: Sue Czeshinski, Terry Mozena, Eric Savage, Timothy Rink Mediacom Cultural Foundation -- Two expired one-year terms through December 31, 2007 – Terms of Hall and Fabricius Applicants: Gail Chavenelle, Tom Goodman, Rich Hall, Michele McKinlay, Gene Perry, Edwin Ritts, John (Jac) Tilton, Vince Williams, John Woodin 8 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. 827 Garfield Avenue – Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 827 Garfield Avenue from R-2A Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District as requested by Alex Finch/John Finch 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 827 Garfield Avenue from R-2A Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 2. Kivlahan Farms LC – Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at the southwest corner of the Northwest Arterial / John F. Kennedy Road intersection from AG Agricultural District to R-1 Single-Family Residential District as requested by Kivlahan Farms LC 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 the southwest corner of the Northwest Arterial / John F. Kennedy Road intersection from AG Agricultural District to R-1 Single-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 3. Text Amendment - Design Standards for “Big Box” Retail Uses Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Section 3-5.5 of the Zoning Ordinance, Planned Unit Development, Design Standards for “Big Box” Retail uses and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding new language regulating ”Big Box” retail uses to the Planned Unit Development District ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 8 Definitions, by adding a definition for retail commercial uses Suggested Disposition: Receive and File; Motion B; Motion A 9 4. Text Amendment – Establishing Standards for Biofuels Production Facilities Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Section 3-5.5 of the Zoning Ordinance, Planned Unit Development, establishing standards fro biofuels production facilities and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding new language establishing standards for biofuels production facilities to the Planned Unit Development District Suggested Disposition: Receive and File; Motion B; Motion A 5. 2007 Asphalt Paving Project Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project and City Manager recommending approval. RESOLUTION Approval of plans and specifications, form of contract, and estimated cost for the 2007 Asphalt Paving Project Suggested Disposition: Receive and File; Adopt Resolution 6. Downtown Streetlight and Traffic Signalization Pole Painting Project Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project and City Manager recommending approval. RESOLUTION Approval of plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project Suggested Disposition: Receive and File; Adopt Resolution 7. Valentine Park Rest Room Project Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project and City Manager recommending approval and award of the contract to Mike Strub, Inc., in the amount of $66,662.07. RESOLUTION Approval of plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project RESOLUTION Awarding contract for the Valentine Park Rest Room Project RESOLUTION Approving construction contract with Mike Strub, Inc., for the Valentine Park Rest Room Project Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES 10 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. North Grandview Dog Park Relocation Request from Thomas J. Richard, representing the residents of lower Aspen Court, to address the City Council regarding the relocation of the North Grandview Avenue Dog Park and submitting a video for City Council review. Suggested Disposition: Receive and File; Council 2. Newt Marine Request of Carter Newt, Newt Marine, to address the City Council regarding the lease extension for Dubuque Terminal, Inc. Suggested Disposition: Receive and File; Refer to City Attorney 3. Final Plat – Miller Place Zoning Advisory Commission recommending approval of the final plat of Lot 1-1 and 2-1 of Miller Place as requested by Weber Surveying, LLC. RESOLUTION Approving the final plat of Lots 1-1 and 1-2 Miller Place in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4. Final Plat of Silver Oaks Estates Subdivision City Manager recommending approval of the final plat of Silver Oaks Estates Subdivision, subject to conditions. RESOLUTION Approving the final plat of Silver Oaks Estates in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 5. Tax Increment Ordinance - Greater Downtown Urban Renewal District City Manager recommending approval of an amendment of the Tax Increment Ordinance to establish the use of tax increment financing to existing and expanding areas of the amended Greater Downtown Urban Renewal District. ORDINANCE Amending Ordinance Nos. 35-04, 30-82 and 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Motion B; Motion A 11 6. Heron Pond Tree Removal Project City Manager recommending acceptance of the Heron Pond Tree Removal Project as completed by Top Grade Excavating in the final contract amount of $30,299. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 7. Amendment to Chapter 11 Buildings and Regulations City Manager recommending approval of an amendment to Chapter 11 of the City of Dubuque Code of Ordinances providing that the Building Official may require an engineering study prior to issuance of a permit for construction on bluff land or land adjacent to a bluff to determine that the land or bluff is safe for such construction. ORDINANCE Amending Chapter 11 Buildings and Building Regulations Section 11-57 Application for Permit by adding a new Subsection (d) providing that the building official may require an engineering study or studies prior to issuance of a permit for construction on bluff land or land adjacent to a bluff to determine that the land or bluff is safe for such construction 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 Property Acquisition – Chapter 21.5(1)(j) 2005 Code of Iowa Jeanne F. Schneider April 12, 2007 12