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6 18 07 City Council Agenda - No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:30 P.M. – CLOSED SESSION 6:30 P.M. – REGULAR MEETING CLOSED SESSION LIBRARY AUDITORIUM MONDAY, JUNE 18, 2007 PLEDGE OF ALLEGIANCE INVOCATION Sr. Paula Maloy, SVM PROCLAMATION Ireland Visitors Proclamation PRESENTATION Fire Chief Dan Brown presenting Assistant Fire Chief Rick Steines with the National Fire Academy’s Executive Fire Officer Certificate from the Department of Homeland Security 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 Cable TV Teleprogramming Commission of 5/1; City Council of 6/4; Electrical Code Board of 5/29; Housing Commission of 5/22 and Special Meeting of 5/29; Human Rights Commission of 5/14; Park and Recreation Commission of 5/8; Zoning Advisory Commission of 6/6; Zoning Board of Adjustment of 5/24 Library Board of Trustees Update of May 24, 2007 Proofs of publication of City Council Proceedings of May 7 and May 21, 2007 and List of Claims and Summary of Revenues for month ending April 30, 2007 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Jeff Brimeyer for property damage; Gansen Excavating, Inc. for property 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: Christy Link for personal injury; Lauren Schrup for vehicle damage Suggested Disposition: Receive and File; Concur 3. Citizen Communication Communication from Kenneth J. Spears regarding the use of “project crews.” Suggested Disposition: Receive and File 4. Interagency Agreement between the City of Dubuque and Dubuque County Board of Health City Manager recommending approval of an Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque County. Suggested Disposition: Receive and File; Approve 5. Purchase of Service Agreement with Project Concern, Inc. – Foster Grandparent Program City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $6,113 for the Foster Grandparent Program. Suggested Disposition: Receive and File; Approve 6. Purchase of Service Agreement with the Retired and Senior Volunteer Program City Manager recommending approval of a Purchase of Service Agreement with the Retired and Senior Volunteer Program in the amount of $7,341. Suggested Disposition: Receive and File; Approve 7. Purchase of Service Agreement with Project Concern, Inc. – Information and Referral and Child Care Referral City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $25,821 for the Information and Referral Program plus a payment of $9,098 for the Child Care Referral Program. Suggested Disposition: Receive and File; Approve 8. Purchase of Service Agreement with Operation: New View City Manager recommending approval of a Purchase of Service Agreement with Operation: New View in the amount of $18,257. Suggested Disposition: Receive and File; Approve 2 9. Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc. City Manager recommending approval of a Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc. in the amount of $2,147. Suggested Disposition: Receive and File; Approve 10. Purchase of Service Agreement with Greater Dubuque Development Corporation City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation in the amount of $170,613. Suggested Disposition: Receive and File; Approve 11. Purchase of Service Agreement with Dubuque Main Street, Ltd. City Manager recommending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., in the amount of $47,550 and $10,000 to support funding a part-time development position. Suggested Disposition: Receive and File; Approve 12. Purchase of Service Agreement with Hills and Dales City Manager recommending approval of a Purchase of Service Agreement to Hills and Dales for senior programs in the amount of $25,000. Suggested Disposition: Receive and File; Approve 13. Purchase of Service Agreement with Dubuque Area Labor Management Council City Manager recommending approval of a Purchase of Service Agreement with Dubuque Area Labor Management Council in the amount of $17,455. Suggested Disposition: Receive and File; Approve 14. Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of $738,496. Suggested Disposition: Receive and File; Approve 15. Purchase of Service Agreement with Washington Neighborhood Tool Library City Manager recommending approval of a Purchase of Service Agreement with the Washington Neighborhood Tool Library in the amount of $15,500. Suggested Disposition: Receive and File; Approve 3 16. Purchase of Service Agreement with Substance Abuse Services Center City Manager recommending approval of a Purchase of Service Agreement with Substance Abuse Services Center in the amount of $13,605. Suggested Disposition: Receive and File; Approve 17. Purchase of Service Agreement with America’s River Corporation City Manager recommending approval of a Purchase of Service Agreement with America’s River Corporation in the amount of $10,000. Suggested Disposition: Receive and File; Approve 18. Purchase of Service Agreement with Northeast Iowa Community College City Manager recommending approval of a Purchase of Service Agreement with Northeast Iowa Community College – Northeast Iowa Business Accelerator Business Plan in the amount of $5,000. Suggested Disposition: Receive and File; Approve 19. Chaplain Schmitt Memorial Project City Manager recommending acceptance of the Chaplain Schmitt Memorial Project as completed by Tri-State Development, LLC, in the final contract amount of $65,173. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 20. City of Asbury Communication from Elizabeth Bonz, City of Asbury, requesting a letter of support for the Intersection Improvement Project to assist Asbury in obtaining funds from the Safe Roads to School Grant. Suggested Disposition: Receive and File; Refer to City Manager 21. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development (HUD) regarding the evaluation of the City’s Community Development Block Grant (CDBG) program conducted on May 1, 2007. Suggested Disposition: Receive and File; Refer to City Manager 4 22. United States Conference of Mayors Communication from Tom Cochran, Executive Director of the United States Conference of Mayors, congratulating the City for the Honorable Mention received in the 2007 City Water Taste Test Competition. Suggested Disposition: Receive and File 23. Specific and Aggregate Stop Loss Insurance Renewal City Manager recommending approval of HCC Life Insurance Company (formerly known as Allianz) as the stop-loss carrier for the City's health plans for individual and aggregate stop-loss insurance. Suggested Disposition: Receive and File; Approve 24. Iowa Department of Economic Development Communication from Michael L. Tramontina, Iowa Department of Economic Development, advising that Genuine Genius Solutions, LLC has received an Entrepreneurial Ventures Assistance Award in the amount of $125,000. Suggested Disposition: Receive and File 25. Tee Box Place – Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place as requested by Conlon Construction Company. RESOLUTION Approving the Plat of Survey of Lot 1 and Lot 2 of Tee Box Place Suggested Disposition: Receive and File; Adopt Resolution 26. Links Glen Place – Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place as requested by Conlon Construction Company. RESOLUTION Approving the Plat of Survey of Lots 1 through 3 and Lot A of Links Glen Place Suggested Disposition: Receive and File; Adopt Resolution 27. Links Glen Condominium Development – Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot 138 as requested by Conlon Construction Company. RESOLUTION Approving the Plat of Survey of Lot 1 and Lot 2 of Mineral Lot 138 Suggested Disposition: Receive and File; Adopt Resolution 5 28. Preserve America Grant Application City Manager recommending approval of the submission of a Preserve America Grant Application for expansion of the Mines of Spain Interpretive Exhibit and Education Program. 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 29. Dubuque Technology Park City Manager recommending approval of the re-platting of Lots 1 and 2 of Dubuque Technology Park No. 4 to incorporate the excess right-of-way into Lot 1 and create a separate Lot 2 for the America’s River sign. RESOLUTION Approving Plat of Survey of Lot 1 and Lot 2, Dubuque Technology Park No. 4 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 30. 2007 Justice Assistance Grant City Manager recommending approval of the submission of the 2007 Justice Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the amount of $53,747. Suggested Disposition: Receive and File; Approve 31. PEG Access Capital Grant Expenditure City Manager recommending approval for three funding requests from the Capital Grant for Access Equipment and Facilities. Suggested Disposition: Receive and File; Approve 32. Hold Harmless Agreement – Firearms Training City manager recommending approval of a Hold Harmless Agreement with Mathy Construction for the use of a portion of the River City Stone Rose Spur Quarry, 19068 Herber Road, for police firearms training. Suggested Disposition: Receive and File; Approve 33. Request for Proposals – Multifunction Machine City Manager recommending approval of the issuance of a Request for Proposals to change the City’s printer-copier-scanner-fax from stand-alone devices in every department to a networked multi-function service. Suggested Disposition: Receive and File; Approve 6 34. Financial Services – Request for Proposals City Manager recommending approval of the selection of Dubuque Bank and Trust as the bank to provide financial services to the City of Dubuque for a five-year period. Suggested Disposition: Receive and File; Approve 35. US 52 North Storm Sewer Improvement Project City Manager recommending award of the contract for the US 52 North Storm Sewer Improvement Project to McClain Excavating Company, Inc., in the amount of $189,712. RESOLUTION Awarding public improvement contract for the US 52 North Storm Sewer Improvement Project Suggested Disposition: Receive and File; Adopt Resolution 36. City Hall First Floor Restroom Renovation Project City Manger recommending final acceptance of the City Hall First Floor Restroom Renovation Project as completed by Portzen Construction in the amount of $83,393. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolution 37. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of fifty-four (54) renewal permits to sell cigarettes and cigarette papers within the City limits RESOLUTION Granting the issuance of a Class “B” Beer Permit to Pizza Hut (320 East th 20 Street), Pizza Hut (2075 JFK Road), and Colts Community Center; and Class “C” Beer Permit to Dubuque Discount Gas #3, Hy-Vee Wine and Spirits “A”, and Keywest Conoco RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Fischer Lanes, Creslanes Bowling, Paul’s Tavern, Applebee’s Grill and Bar, Dubuque Bowling Lanes, Five Flags Center, and Buffalo Wild Wings; Special Class “C” Liquor License to Rotary Club; and Class “B” Wine Permit to Hy-Vee Wine and Spirits “A” Suggested Disposition: Receive and File; Adopt Resolutions 7 ITEM TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Port of Dubuque Parking Facilities Project City Manager recommending initiation of the public bidding process for the Port of Dubuque Parking Facilities Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for July 2, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project RESOLUTION Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project RESOLUTION Ordering the advertisement for bids for the Port of Dubuque Parking Facilities Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/2/07 BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant appointments will be made at the next City Council meeting. th 175 Anniversary Celebration Coordinating Committee Fifteen Member Ad Hoc Committee, Temporary Terms (6 Citizen Representatives, 1 High School Student, 2 Young Professionals, 1 Historical Society Representative, 1 Chamber of Commerce Representative, 1 Arts Commissioner, 1 Telegraph Herald Representative, 1 Education Representative) Applicants: Citizen Representatives (6) Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp, Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann High School Student (1) – No applicants Young Professionals (2) Amanda Brechler, Scott Frost, Brooke Gassman, Susan Hess, Jennifer Lien, Lindsey McNeeley- Moeller, Christopher Wand, Tammy Welbes, Marcie Winkelman Historical Society Representative (1) Meg Wall-Wild Chamber of Commerce Representative (1) Sue Czeshinski Arts Commissioner (1) Louise Kames, Amy Weber 8 Telegraph Herald Representative (1) Diane Mohr Education Representative (1) Gary Olsen Library Board of Trustees 4 Four-year expired terms through July 1, 2011 (Terms of Schubatt, Lindsay, Smith, and Avery) Applicants: Alan Avery, Susan Lindsay, Michael Schubatt, Kristen Smith Mechanical Board 1 Three-Year expired term through March 16, 2009 (Term of Geisler) Applicant: Todd Geisler Appointments to the following Boards/Commissions: Park and Recreation Commission Three 3-year terms through June 30, 2010 (Terms of Lyness, Harjehausen, and Hoffman) Applicants: Karen Lyness, Paul Hoffman, Gary Harjehausen TV Cable Regulatory Commission Two 3-year expired terms through June 30, 2010 (Terms of Pratt and Stevens) Applicant: Kevin Stevens 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. 2411/2403 Central Avenue – Request to Rezone Proof of publication on notice of public hearing to consider rezoning property located at 2411/2403 Central Avenue from R-2 Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District as requested by Lynn Schmitz, 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 2411/2403 Central Avenue from R-2 Two-Family Residential District and C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 9 2. 3100 Cedar Crest Ridge – Request to Rezone Proof of publication on notice of public hearing to consider rezoning property located at 3100 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District as requested by Dennis Powers, 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 3100 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 3. 40-42 Main Street – Request to Rezone Proof of publication on notice of public hearing to consider rezoning property located at 40-42 Main Street from LI Light Industrial District to C-4 Downtown Commercial District as requested by Chris Miller/Wally Brown, 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 40-42 Main Street from LI Light Industrial District to C-4 Downtown Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 4. 2678 Beverly Avenue – Request to Rezone Proof of publication on notice of public hearing to consider rezoning property located at 2678 Beverly Avenue from R-1 One-Family Residential District to R-2 Two-Family Residential District as requested by Tom Swift, Swift Construction, Inc., 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 R-1 One- Family Residential District to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 5. Iowa 32 (Southwest Arterial) Corridor – Text Amendment Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Sections 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to extend the duration of the development moratorium for the Iowa 32 (Southwest Arterial) Corridor to July 1, 2008, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Chapter 32 (Subdivision Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16 to extend a moratorium for subdivision plats in the Iowa 32 (Southwest Arterial) corridor 10 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-4.2 regarding site plans, and by amending Section 6-1.5.5 regarding rezonings to extend a moratorium for site plan and rezoning applications in the Iowa 32 (Southwest Arterial) corridor Suggested Disposition: Receive and File; Motion B; Motion A 6. L & J Properties Dubuque, LLC Development Agreement Proof of publication on notice of hearing to consider approval of a Development Agreement with L & J Properties Dubuque, LLC, and the disposition of 2.74 acres of property in Dubuque Technology Park for construction of an 11,255 square foot office building, and City Manager recommending approval. RESOLUTION Determining that the proposal of L & J Properties Dubuque, LLC to acquire and develop property in the Dubuque Industrial Center South Economic Development Urban Renewal District in the City of Dubuque, Iowa is in compliance with the terms of the City’s offering for the disposition of such property RESOLUTION Accepting the proposal of L & J Properties Dubuque, LLC for the purchase of property in the Dubuque Industrial Center South Economic Development Urban Renewal District in the City of Dubuque, Iowa and approving the Development Agreement with L & J Properties Dubuque, LLC Suggested Disposition: Receive and File; Adopt Resolutions 7. Port of Dubuque Parking Ramp – Urban Renewal Tax Increment Revenue Bonds Proof of publication on notice of hearing to consider approval of the sale of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds Suggested Disposition: Receive and File; Adopt Resolution 8. Release and Acceptance of Sanitary Sewer Easement – Raven Oaks Proof of publication on notice of hearing to consider vacating and relocating a portion of an existing sanitary sewer easement and to vacate a utility easement in Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place and City Manager recommending approval. RESOLUTION Accepting a conveyance of easements over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven oaks Place in the City of Dubuque 11 RESOLUTION Disposing of interest and release of a portion of an existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-foot utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 9. York and Curtis Street Storm Sewer Improvement Project Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project and City Manager recommending approval. RESOLUTION Approving plans and specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer Improvement Project Suggested Disposition: Receive and File; Adopt Resolution 10. Star Brewery Drive Construction Project Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project and City Manager recommending approval. RESOLUTION Approving plans and specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project Suggested Disposition: Receive and File; Adopt Resolution 11. Kaufmann Avenue Alley Storm Sewer Construction Project Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project. RESOLUTION Approving plans and specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES This action limits discussion to the City Council. 12 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. Callahan Old 20 Subdivision Zoning Advisory Commission recommending approval of the Preliminary Plat of Callahan Old 20 Subdivision as requested by Joel Callahan, Callahan Construction. Suggested Disposition: Receive and File; Approve 2. Procedure for Declaring Public Nuisances City Attorney recommending approval of a proposed amendment to Chapter 23 of the City of Dubuque Code of Ordinances to provide for the procedure for declaring a public nuisance. ORDINANCE Amending the City of Dubuque Code of Ordinances Chapter 23 Nuisance, Section 23-43 Relating to the Procedure for the Declaration of a Public Nuisance Suggested Disposition: Receive and File; Motion B; Motion A 3. Greater Dubuque Development Corporation Communication from the Greater Dubuque Development Corporation requesting appointments to the Greater Dubuque Development Corporation Board of Directors. Suggested Disposition: Receive and File; Council 4. Grand River Center Carpet Replacement Project City Manager recommending award of the contract for the Grand River Center Carpet Replacement Project to Commercial Flooring Company in the amount of $114,245. RESOLUTION Awarding public improvement contract for the Grand River Center Carpet Replacement Project Suggested Disposition: Receive and File; Adopt Resolution 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) 2007 Code of Iowa 13