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8 20 07 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 8/20/07 JONES LYNCH MICHALSKI BRAIG BUOL CLINE CONNORS CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, AUGUST 20, 2007 PLEDGE OF ALLEGIANCE INVOCATION Sr. Peggy Nolan, BVM PROCLAMATIONS Irish Hooley Day (August 25, 2007) Irish Hooley Day 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 6/5; Building Code Board of Appeals of 6/19; Cable Community Teleprogramming Commission of 7/10; City Council of 8/6; Civil Service Commission of 7/5; Human Rights Commission of 7/9; Zoning Advisory Commission of 7/5; Zoning Board of Adjustment of 7/26 Proof of publication of City Council Proceedings of July 16, 2007 Suggested Disposition: Receive and File AirportBldg Code Appeals Cable TVCity CouncilCivil ServiceHuman Rights Bd Zoning AdvisoryZoning Bd of Adj 2. Notice of Claims/Suits Shane Flesher for vehicle damage; Kris Hall for property damage; Robert D. Jungblut, Jr. for property damage; Scott Kernall for property damage; Kara Larson for property damage; Joan Sanders for personal injury; Mark Snyder for property damage; St. Paul Lutheran Church 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: John and Valerie Herber for property damage; Anthony Rokusek for property damage; Joan Sanders for personal injury; Shane Flesher for vehicle damage; St. Paul Lutheran Church for property damage City Attorney recommending that the claims of Robert D. Jungblut, Jr., Mark Snyder, Kara Larson, Kris Hall, and Scott Kernall for property damage be referred to Tricor Insurance and Financial Services, insurer for Fred Jackson Tuckpointing. Suggested Disposition: Receive and File; Concur Claims - ICAPClaims - Referred 3. All America City Award Communication from Congressman Bruce Braley congratulating the City of Dubuque on receiving the All America City Award. 2 Communication from Richard A. Anderson, Mayor of Asbury, congratulating the City of Dubuque on receiving the All America City Award. Suggested Disposition: Receive and File All America City Ltrs 4. Civil Service Commission Civil Service Commission submitting the certified list for the position of Laboratory Technician. Suggested Disposition: Receive and File; Make a Matter of Record Laboratory Technician Ltr 5. Purchase of Property – 507 Rhomberg Avenue City Manager recommending approval of the purchase of a residential dwelling located at 507 Rhomberg Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 507 Rhomberg Avenue in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 507 Rhomberg - MVM 507 Rhomberg - 507 Rhomberg - MemoStaff MemoResolution 6. Purchase of Property – 2320 Washington Street City Manager recommending approval of the purchase of a residential dwelling located at 2320 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 2320 Washington Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2320 Washington - 2320 Washington - 2320 Washington - MVM MemoStaff MemoResolution 3 7. Fiber Optic Conduit – Phase I Project City Manager recommending acceptance of the Fiber Optic Conduit – Phase I Project as completed by Volkens Excavating, Inc., in the final contract amount of $219,666.25. RESOLUTION Accepting the Fiber Optic Conduit System – Phase I Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Conduit - MVM MemoConduit - Staff MemoConduit - ResolutionCertificate of Final Payment Form Completion 8. Downtown Design Guideline Manual City Manager recommending approval of a Certified Local Government (CLG) grant application for the Downtown Dubuque Design Guidelines Manual in the amount of $25,000. RESOLUTION Approving submittal of a CLG Grant Application to the State Historical Society of Iowa for Downtown Dubuque Design Guidelines Manual Suggested Disposition: Receive and File; Adopt Resolution Manual - MVM MemoManual - Staff MemoManual - ResolutionCLG Grant Design Guidelines ApplicationMap 9. Traffic Safety Improvement Program Funding City Manager recommending approval to file a joint grant application with the Iowa Department of Transportation for Traffic Safety Improvement Program funding for IA 32 (Northwest Arterial) at the Asbury Road intersection. RESOLUTION Authorizing the filing of a Joint Grant Application with the Iowa Department of Transportation for Traffic Safety Improvement Funding for the City of Dubuque IA 32 (Northwest Arterial) and Asbury Road intersection Suggested Disposition: Receive and File; Adopt Resolution Traffic - MVM MemoTraffic - Staff MemoTraffic - Resolution 4 10. Riverwalk Security Camera System Agreement City Manager recommending authorization to negotiate and execute an agreement with Platinum Hospitality Group, LLC for the installation, operation and maintenance of the Riverwalk Security Camera System equipment. Suggested Disposition: Receive and File; Approve Riverwalk - MVM Riverwalk - Staff MemoMemo 11. Assistance to Firefighter Grant Application City Manager recommending approval of the submittal of a Department of Homeland Security Assistance to Firefighters Grant for thermal imager units for each of the front- line fire units and training for a total cost of $80,000. Suggested Disposition: Receive and File; Approve Grant - MVM MemoGrant - Staff Memo 12. Wireless Network City Manager recommending approval of a contract with Racom for the installation of 16 wireless network sites that will be connected to the fiber optic network that is City- owned or controlled to provide sufficient speed for data for the Fire Department Mobile Digital Terminal application. Suggested Disposition: Receive and File; Approve Network - MVM Network - Staff MemoMemo 13. PEG Capital Grant Expenditure Requests City Manager recommending approval of the Cable TV Tele-Programming Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital grant for Access Equipment and Facilities in the amount of $8,500 for Wahlert High School for a variety of equipment including cameras and wireless microphones and $4,800 for the access community at large for a camera jib and supporting equipment. Suggested Disposition: Receive and File; Approve 5 PEG - MVM MemoPEG - Staff Memo 14. Tobacco Compliance – Civil Penalties for Tobacco Permit Holders City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for a first violation for Oky Doky, 1256 Iowa Street and HyVee #3, 300 South Locust Street, and a second violation for HyVee #3, 300 South Locust Street; Beecher Company, 1691 Asbury Road; and Eagle Country Market, 1800 Elm Street. Suggested Disposition: Receive and File; Approve Tobacco - MVM Tobacco - Staff Settlement MemoMemoAgreements 15. Legislative Correspondence Communication to area legislators transmitting an article from Dubuque Main Street’s monthly newsletter on “Why Are Downtowns Important.” Communication to Representative Ray Zirkelbach welcoming him home and transmitting an article from Dubuque Main Street’s monthly newsletter on “Why Are Downtowns Important.” Suggested Disposition: Receive and File Legislators LtrZirkelbach Ltr 16. Fire Chief Dan Brown City Manager advising that Fire Chief Dan Brown has been reappointed to the Fire Service and Emergency Response Council by Governor Chet Culver. Suggested Disposition: Receive and File Fire Chief - MVM Memo 6 17. John F. Kennedy Road from Asbury Road to the Northwest Arterial – Sidewalks City Manager advising that Kennedy Manor Apartments (2671 Owen Court) will proceed with the installation of approximately 590 feet of sidewalk along its property on John F. Kennedy Road. Suggested Disposition: Receive and File Sidewalks - MVM Sidewalks - Staff Sidewalks - Map MemoMemo 18. Purchase of Property from Plastic Center, Inc. City Manager recommending approval of the purchase of 828 square feet of property from Plastic Center, Inc. at the corner of White Street and US Hwy 61 for the construction of a Port of Dubuque sign. Suggested Disposition: Receive and File; Approve Purchase - MVM Purchase - Staff Offer to Purchase MemoMemo 19. Improvement Contracts / Performance, Payment and Maintenance Bonds RESOLUTION Approving public improvement contracts and bonds -- Five Flags Sidewalk and Lighting Replacement Project -- Port of Dubuque – Ice Harbor Transient Boat Dock Facility Project -- York and Curtis Street Storm Sewer Improvements Project -- Pedestrian Wayfinding Sign System Project -- Fifth and White Street Gateway Sign Project -- Kaufmann Avenue Alley Storm Sewer Construction Project -- Decorative Concrete Repair and Maintenance Project Suggested Disposition: Receive and File; Adopt Resolution Contract and Bonds Resolution 20. Request for Proposals for North Fork Catfish Creek Sanitary and Stormwater Drainage Improvement Project City Manager recommending approval of the issuance of a Request for Proposals for the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvement Project. Suggested Disposition: Receive and File; Approve 7 RFP - MVM MemoRFP - Staff MemoRequest for RPF - Map and ProposalsSchedule 21. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer License (5-Day Special Event) to Music N More Promotions, Riverfest Special Events, and Grand Harbor Resort; and a Class “C” Beer Permit to Oky Doky #6, Clark of Dubuque, Kwik Stop Food Mart, and Family Mart RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Rudy’s Tacos, Clarke College, Courtside Sports Bar, Los Aztecas Mexican Restaurant; a Class “B” Wine Permit to Oky Doky #8 and Family Mart, Inc.; and a Class “B” Native Wine Permit (WBN) to Mandolin Inn and Kwik Stop Food Mart Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1Resolution #2 MemoMemo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Raven Oaks – Request to Vacate City Manager recommending that a public hearing be set for September 4, 2007 to consider a request from Kluck Construction to vacate a portion of Raven Oaks Drive abutting Lot 4 of Raven Oaks No. 2. RESOLUTION of Intent to vacate and dispose of City interest in Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/4/07 Raven Oaks - MVM Raven Oaks - Staff Raven Oaks - Raven Oaks - Vicinity MemoMemoResolutionMap 8 2. Vacation and Sale of Undeveloped Alley City Manager recommending that a public hearing be set for September 4, 2007 to consider the vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant to SB Development, LLC. Suggested Disposition: Receive and File; Public Hearing 9/4/07 Alley - MVM MemoAlley - Staff MemoSB Development - Alley - GIS MapAlley - Abstract of AgreementTitle 3. Town Clock Renovation Project City Manager recommending initiation of the public bidding process for the Town Clock Renovation Project and that a public hearing be set for September 4, 2007 to consider approval of the plans and specifications, form of contract, and estimated cost. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/4/07 Town Clock - MVM Town Clock - Staff Town Clock - MemoMemoResolutions 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. Civil Service Commission (Mayor’s Appointment) One 4-year vacant term through April 6, 2008 – Term of Wertzberger Applicants: John Stevens, Paula Gieseman Zoning Advisory Commission One 3-year vacant term through July 1, 2009 – Term of Bichell Applicant: Charles Miller 9 Appointments to the following Boards/Commissions: Building Code Board of Appeals One 3-year expired term through August 1, 2010 (Term of Jahns, Journeyman/Carpenter) One 3-year expired term through August 2, 2010 (Term of Kolf, Architect/Engineer) One 3-year expired term through August 1, 2008 (Term of Gudenkauf, At Large) One 3-year expired term through August 1, 2009 (Term of Carr, General Contractor) One 3-year expired term through August 1, 2009 (Term of Luchsinger, At Large) Applicants: John Schwendinger (Journeyman/Carpenter) James Kolf (Architect/Engineer) No applicant (At-Large) Chuck Carr (General Contractor) Richard Luchsinger (At-Large) Housing Commission Three 3-year expired terms through August 17, 2010 (Terms of Eddy, Kapler, Schwendinger) One 3-year vacant term through August 17, 2009 (Term of Savage) Applicants: Char Eddy, Erica Johnson, Judie Root, Dorothy Schwendinger, OSF, David Kapler – Additional Applicant Transit Board of Trustees One 3-year expired term through July 30, 2010 (Term of Stedman) Applicants: Harry Bemis, Ruth Scharnau, Don Stedman Bd and Comm ListOverview SheetCivil Service Bldg Code Bd Housing ApplicationsTransit Bd ApplicationsApplicationsApplications 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. Planned Unit Development District Amendment – Pleasant View Estates Proof of publication on notice of hearing to consider an amendment to the Pleasant View Estates Planned Unit Development District (PUD) by removing Section 2(G) from Ordinance 51-90 regarding time limitation for development as requested by Ron Herrig/John Herrig/Joseph Bitter and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinance No. 51-90, which adopted regulations for the Pleasant View PUD Planned Unit Development District with a PR Planned Residential Designation 10 Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A (Super Majority Vote) Pleasant View - ZAC Pleasant View - Pleasant View - Pleasant View - Staff Pleasant View - Ordinance 51-90 LtrVicinity MapApplicationMemoOrdinance Pleasant View - Pleasant View - Atty Suggested Motion Location MapLtr 2. Bies Drive – Rezoning Amendment Proof of publication on notice of hearing to consider an amendment to Ordinance No. 56-01 to allow permanent vehicle access onto Bies Drive as requested by Roger Klauer and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending hereinafter described property located along Bies Drive from C-3 General Commercial District with conditions to C-3 General Commercial District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A Bies Dr - ZAC LtrBies Dr - ApplicationBies Dr - Klauer LtrBies Dr - Staff MemoBies Dr - OrdinanceBies Dr - Vicinity Map ZAC - 9/5/01 MinutesSuggested Motion 3. 427 / 429 Rhomberg Avenue – Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 427 / 429 Rhomberg Avenue and Parcel #10-24-216-012 from R-2 Two-Family Residential District to OC Office Commercial District and C-3 General Commercial District as requested by Rich Billmeyer / John Mihalakis and Zoning Advisory Commission recommending denial. Petition in opposition to the rezoning of 427 / 429 Rhomberg Avenue. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located in the 400 block of Rhomberg Avenue from R-2A Alternate Two-Family Residential Zoning District and C-2 Neighborhood Shopping Center District to C-3 General Commercial District 11 Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A (Super Majority Vote) 427 Rhomberg - ZAC 427 Rhomberg - 427 Rhomberg - 427 Rhomberg - Map427 Rhomberg - 427 Rhomberg - LtrApplicaationVicinity MapStaff ReportOrdinance C2 & C3 RegulationsOpposition Ltrs / Opposition PetitionSuggested Motion Signatures 4. Disposal of Previously Vacated Alley Proof of publication on notice of hearing to consider approval of the disposition of the City’s interest in Lot 19A of Union Avenue Subdivision to Greg F. and Dawn M. Swift and City Manager recommending approval. RESOLUTION Disposing of City interest in Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Disposal - MVM MemoDisposal - Staff Disposal - Resolution Memo Material from August 6, 2007 City Council Meeting Disposal - MVM MemoDisposal - Staff Disposal - ResolutionDisposal - Vicinity Swift Ltr MemoMap 5. Individual Historic Designation – 40-42 Main Proof of publication on notice of hearing to consider approval of the Individual Historic Designation of 40-42 Main Street and City Manager recommending that the public hearing be tabled to October 1, 2007. ORDINANCE Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding Section 25-6.14(2) Establishing an Individually Designated Historic Property Suggested Disposition: Receive and File; Table 40/42 Main - MVM 40/42 Main - Staff MemoMemo 12 Material from July 2, 2007 City Council Meeting 40 - 42 Main - LRPAC 40 - 42 Main LtrApplication REINSTATE THE RULES This action limits discussion to the City Council. 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. Convention and Visitors Bureau Quarterly Report Sue Czeshinski to provide the Convention and Visitors Bureau quarterly report. Suggested Disposition: Receive and File CVB Quarterly Report 2. Henschel – McNamer Place, Plat #3 Zoning Advisory Commission recommending approval of the final plat of Henschel – McNamer Place, Plat #3 subject to waiving lot frontage requirements for Lot 1. RESOLUTION Approving the final plat of Henschel – McNamer Place Plat # 3 Suggested Disposition: Receive and File; Adopt Resolution Final Plat - ZAC LtrFinal Plat - Staff Final Plat - Final Plat - Vicinity Plat & Easement Final Plat MemoResolutionMapDrawings 3. Players Bar City Manager recommending approval of the issuance of a six-month license to Players, 1902 Central Avenue, to allow additional time for review and evaluation of the calls for service. RESOLUTION Granting the issuance of a six month Class “C” Beer/Liquor License to Players Sports Bar Suggested Disposition: Receive and File; Adopt Resolution 13 Players - MVM MemoPlayers - Staff MemoPlayers - Resolution 4. Mediacom Communication from Cari M. Fenzel, Regional Vice President of Mediacom, advising that Mediacom is discussing the possibility of adding the Big Ten Network to their lineup when it is launched later this year. Suggested Disposition: Receive and File; Council Direction Mediacom 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 Jeanne F. Schneider August 16, 2007 14