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7 2 07 City Council No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JULY 2, 2007 PLEDGE OF ALLEGIANCE INVOCATION Reverend Wayne Ressler, St. Raphael’s Cathedral PRESENTATION 2007 Program of the Year Award for the HEART Program Partnership. CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted City Council of 6/18; Long Range Planning Advisory Commission of 6/20 Proof of publication of City Council Proceedings of June 4, 2007 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Beth Hilkin for property damage; Michael Hogan for property damage; Roger Jones for vehicle damage; Zachary Mattison for vehicle damage; Wells Fargo Bank vs. City of Dubuque, et al; Paul Schiffman for vehicle damage; Helen Sherman for personal injury; Lisa Huinker for property damage; Helen Sherman for personal injury; Paul Schiffman 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: Jeff Brimeyer for property damage; Roger Jones for vehicle damage; Michael C. Hogan for personal injury/property damage; Zachary Mattison for vehicle damage City Attorney recommending settlement of the claim of Gansen Excavating, Inc., and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur 3. Four Mounds Public Improvement Project Communication from the Historic Preservation Commission recommending approval of a letter of support for the Four Mounds Foundation Public Improvement Project. Suggested Disposition: Receive and File; Approve 4. John F. Kennedy Sidewalks Communication from Nancy McKillip in opposition to the installation of sidewalks on the east side of John F. Kennedy Road. Suggested Disposition: Receive and File 5. Bi-Lingual Bike/Hike Trail Signage Project City Manager recommending approval of the submission of an Iowa Department of Recreation Trails Grant application in the amount of $91,000 for the Bi-Lingual Bike/Hike Trail Signage Project. RESOLUTION Approving the submittal of an application for State Recreational Trails Program funding to the Iowa Department of Transportation for the Bi-Lingual Bike/Hike Trail Signage Project Suggested Disposition: Receive and File; Adopt Resolution 6. Population in Annexed Areas City Manager recommending approval of the certification of population in areas annexed into the City of Dubuque since the 2000 Census, as required by State law. Suggested Disposition: Receive and File 7. United States Department of the Interior Communication from Stephen E. Whitesell, National Park Centennial Coordinator, to Senator Charles E. Grassley regarding his support for the Mississippi River Trail as a National Park Centennial project. Suggested Disposition: Receive and File 8. Fiscal Year 2008 Annual Action Plan – Amendment #1 City Manager recommending approval of Amendment #1 to the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for the use of Community Development Block Grant (CDBG) program funds. RESOLUTION Approving Amendment #1 to the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for Community Development Block Grant funds Suggested Disposition: Receive and File; Adopt Resolution 2 9. Iowa Department of Economic Development City Manager recommending approval of a technical assistance contract with the Iowa Department of Economic Development for purposes of administration of the lead paint hazard reduction program. Suggested Disposition: Receive and File; Approve 10. Asbury Road Widening at Sam’s Club City Manager recommending acceptance of the dedication of right-of-way and Grant of Easement for storm sewer and traffic signals needed for construction of an additional eastbound lane on Asbury Road by Sam’s Club. RESOLUTION Accepting a conveyance of easements over part of Lot 1 of Pfohl Farm to the City of Dubuque RESOLUTION Approving the acquisition plat of a part of Lot 1 of Pfohl Farm in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Asbury Road RESOLUTION Approving the acquisition plat of a part of Lot 2 of 2 of Pfohl Farm in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Asbury Road Suggested Disposition: Receive and File; Adopt Resolutions 11. Mobile Data Computers for Fire Apparatus City Manager recommending approval of the selection of Racom to provide mobile data computers for fire apparatus. Suggested Disposition: Receive and File; Approve 12. City of Asbury Voluntary Annexation Steven R. McCann, City Development Board Administrator, submitting the Filing of Written Decision in the matter of the City of Asbury Voluntary Annexation within the urbanized area of the City of Dubuque. Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact and Conclusions of Law and Determination in the matter of the City of Asbury Voluntary Annexation including land without the consent of the owner and within the urbanized area of the City of Dubuque. Suggested Disposition: Receive and File 3 13. Dubuque Drum and Bugle Corps Communication from Greg Orwoll, Executive Director of the Dubuque Drum and Bugle Corps, requesting that the residential parking restrictions around Senior High School and any noise ordinances be suspended on July 6 and July 26, 2007 to accommodate the Colts’ annual Music on the March. Suggested Disposition: Receive and File; Approve 14. 2007 Property Tax Appeal Communication from the Office of the City Assessor advising that Catalin S. and Ioana V. Mamali have appealed their 2007 property tax assessment to the Property Assessment Appeal Board in Des Moines. Suggested Disposition: Receive and File 15. Alley between North Grandview Avenue and St. Ambrose Street Communication from Leslie Furuseth and Lloyd Seaman, et al, requesting that the City vacate the alley that is located between North Grandview Avenue and St. Ambrose Street. Communication from Kenneth J. Leppert, 2075 Sunnyview Drive, in opposition to the vacating and closing of the alley between North Grandview Avenue and St. Ambrose Street. Suggested Disposition: Receive and File; Refer to City Manager 16. Third Street Overpass Light Replacement Project City Manager recommending award of the public improvement contract for the Third Street Overpass Lighting Project to Giese Sheet Metal Company, Inc., in the amount of $39,474.60. RESOLUTION Awarding public improvement contract for the Third Street Overpass Light Replacement Project Suggested Disposition: Receive and File; Adopt Resolution 17. Pedestrian Wayfinding Sign System Design City Manager recommending award of the public improvement contract for the Pedestrian Wayfinding Sign System Design Project to McCullough Creative, in the amount of $77,268. RESOLUTION Awarding public improvement contract for the Pedestrian Wayfinding Sign System to McCullough Creative, in the amount of $77,268 Suggested Disposition: Receive and File; Adopt Resolution 4 18. Shelter + Care Program Contract City Manager recommending approval of a contract with the US Department of Housing and Urban Development (HUD) for administration of the Shelter + Care program. Suggested Disposition: Receive and File; Approve 19. I-Net Design and Planning Request for Proposal City Manager recommending approval of the issuance of a Request for Proposal for I- Net Design and Planning. Suggested Disposition: Receive and File; Approve 20. Swiss Valley Farms Communication from David Zwart, Swiss Valley Farms, requesting a waiver for the construction of sidewalks along their Jackson Street frontage. Suggested Disposition: Receive and File; Refer to City Manager 21. Improvement Contracts / Performance, Payment and Maintenance Bonds RESOLUTION Approving public improvement contracts and bonds -- Rush Street (Bryant – Villa) Reconstruction Project -- Calendar Year 2007 Pavement Parking Project -- Asbury Plaza Area Wastewater Pumping Facilities Project Suggested Disposition: Receive and File; Adopt Resolution 22. Liquor License Transfer Request of the National Mississippi River Museum to transfer their liquor license to the Alliant Amphitheater/Stone Cliff Parking Lot on August 1, 2007. Suggested Disposition: Receive and File; Approve 23. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of sixteen (16) renewal licenses to sell cigarettes and cigarette papers RESOLUTION Granting the issuance of a Class “C” Beer Permit to Oky Doky #14, Haun’s Specialty Meats, and Cedar Cross Amoco RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Knicker’s Saloon, House of China, Diamond Jo Casino Portside, Murphs Southend Tap and American Legion Post #6; a Class “B” Wine Permit to Haun’s Specialty Meats; a Class “WBN” Native Wine Permit to Haun’s Specialty Meats; a Special Class “C” Liquor License to Jorja Restaurant; and a Special Class “C” Liquor (5-Day Special Event) to Four Mounds Foundation Suggested Disposition: Receive and File; Adopt Resolutions 5 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. CIPP Lining Project City Manager recommending initiation of the public bidding process for the CIPP Lining Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for July 16, 2007. RESOLUTION Preliminary approval of plans and specifications, form of contract, and estimated cost; setting date of public hearing on plans and specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the CIPP Lining Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/16/07 2. Dubuque Community Ice and Recreational Center City Manager recommending that a public hearing be set for July 16, 2007 to consider approval of a lease agreement with Dubuque Community Ice and Recreational Center for a section of the McAleece Park and Recreation Complex. RESOLUTION of Intent to dispose of an interest in real property by lease agreement with Dubuque Community Ice and Recreational Center Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/16/07 3. Individual Historic Designation – 40-42 Main Communication from the Long Range Planning Advisory Commission recommending that a public hearing be set for August 20, 2007 to consider approval of the Individual Historic Designation of 40-42 Main Street. Suggested Disposition: Receive and File; Public Hearing 8/20/07 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. Historic Preservation Commission (Two 3-year expired terms through July 1, 2010 – terms of Stuart and Whalen) Applicants: Dave Stuart, John Whalen Investment Oversight Advisory Commission (Two 3-year expired terms through July 1, 2010 – terms of Ruden and Reisdorf) Applicants: Stephen Reisdorf, Gary Ruden 6 Long Range Planning Advisory Commission (Two 3-year expired terms through July 1, 2010 – terms of Winterwood and Prochaska) Applicants: Dr. Charles Winterwood, James Prochaska TV Cable Teleprogramming Commission (One 3-year expired term through June 30, 2010 – term of Everist) Applicant: Burton Everist Zoning Advisory Commission (Two 3-year expired terms through July 1, 2010 – terms of Bird and Stiles) Applicants: Eugene Bird, Jeff Stiles, Charles Miller Appointments to the following Boards/Commissions: th 175 Anniversary Celebration Coordinating Committee Fifteen Member Ad Hoc Committee, Temporary Terms (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, 6 Citizen Representatives) Applicants: 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 Telegraph Herald Representative (1) Diane Mohr Education Representative (1) Gary Olsen Citizen Representatives (6) Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp, and any applicant not Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann, already appointed th Communication from Susan M. Hess regarding her application for the 175 Anniversary Celebration Committee. 7 Library Board of Trustees Four 4-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 One 3-year expired term through March 16, 2009 (Term of Geisler) Applicant: Todd Geisler 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. Port of Dubuque Parking Facilities Project Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project and City Manager recommending approval and further recommending that the revised bid date of July 25, 2007 be approved. RESOLUTION Approving plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project RESOLUTION Ordering the re-advertisement for bids for the Port of Dubuque Public Parking Facility Project Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES This action limits discussion to the City Council. 8 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. Serenity Ridge – Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of the Serenity Ridge Subdivision, with conditions. City Manager recommending that Condition #1 be retained as part of the approval of the Serenity Ridge Subdivision preliminary plat. Suggested Disposition: Receive and File; Approve 2. Designation of Public Nuisance – 409 Burch Street City Manager recommending that a hearing be set to determine whether 409 Burch Street is a public nuisance according to Chapters 23 and 26 of the Dubuque Code of Ordinances. Suggested Disposition: Receive and File; Set Hearing 3. Cooper Management, LLC (Bricktown) Liquor License City Manager recommending that a hearing date be set to consider a 21-day suspension of the Cooper Management, LLC liquor license for their operations at 299 Main Street that includes Stonewall Lounge, Bricktown Brewery and the Blackwater Grill. Suggested Disposition: Receive and File; Set Hearing 4. Fiscal Year 2008 Dubuque County REAP Plan City Manager recommending approval of the City of Dubuque’s update of the Fiscal Year 2008 Dubuque County REAP Plan, submittal of the Fiscal Year 2008 REAP grant application of $200,000 for the Trolley Line Trail at Eagle Point Park and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. RESOLUTION Authorizing a REAP Grant Application to the Iowa Department of Natural Resources for Trolley Line Trail Suggested Disposition: Receive and File; Adopt Resolution; Council Appointment 5. Identification Signs at the Dubuque Technology Park City Manager recommending approval of Design Option 4 submitted by Lange Sign Group of Dubuque as the design style for the Dubuque Technology Park. Suggested Disposition: Receive and File; Approve 9 6. Ice Harbor Transient Boat Dock Project City Manager recommending award of the public improvement contract for the Ice Harbor Transient Boat Dock Project to the only bidder, Newt Marine Service, in the amount of $520,546.71, for the Alternate Bid – Floating Docks with Composite Decking and further recommending that staff be authorized to review value engineering design alternatives to evaluate project cost saving opportunities. RESOLUTION Awarding public improvement contract for the Ice Harbor Transient Boat Dock Project Suggested Disposition: Receive and File; Adopt Resolution 7. Decorative Concrete Repair and Maintenance Project City Manager recommending that some of the element of the Decorative Concrete repair and Maintenance Project be delayed for a future project and that the remaining elements be awarded to Tschiggfrie Excavating in the amount of $227,449.45. RESOLUTION Awarding public improvement contract for the Decorative Concrete Repair and Maintenance 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) 2005 Code of Iowa Jeanne F. Schneider June 28, 2007 10