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9 4 07 City Council Agenda No Icons ROLL CALL ORDER FOR MEETING OF 9/4/07 LYNCH MICHALSKI BRAIG BUOL CLINE CONNORS JONES CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM TUESDAY, SEPTEMBER 4, 2007 PLEDGE OF ALLEGIANCE INVOCATION Reverend Dwayne Thoman, Nativity Church PROCLAMATIONS Dubuque Regional Dragon Boat Festival (September 8 and 9, 2007) National Assisted Living Week (September 9 – 15, 2007) PRESENTATION Community Partner in Education Award 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 8/20 and 8/22 Proof of publication of City Council Proceedings of August 6, 2007 and List of Claims and Summary of Revenues for month ended July 31, 2007 Library Board of Trustees Update from Meeting of June 27, 2007 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Ryan and Brenda Duve for property damage; Teri Noel for property damage City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Ryan Duve for property damage. City Attorney recommending that the claim of Teri Noel for property damage be referred to Tricor Insurance and Financial Services, insurer for Fred Jackson Tuckpointing. Suggested Disposition: Receive and File; Refer to City Attorney 3. Five Flags Commission Communications from Mark Nauman and Mike Brannon submitting their resignations from the Five Flags Civic Center Commission. Suggested Disposition: Receive and File; Accept Resignations 4. John F. Kennedy Road Sidewalks Communications from Marion Martin Pliner, 2690 Marywood Drive, and Sheri and Pat Clancy, 2691 Marywood Drive, in opposition to the installation of sidewalks on John F. Kennedy Road. Suggested Disposition: Receive and File 5. Port of Dubuque Recognition Wall City Manager recommending acceptance of the Port of Dubuque Recognition Wall Project as completed by Tricon General Construction in the final contract amount of $148,000.00 RESOLUTION Accepting the Port of Dubuque Recognition Wall Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 6. Rail/Passenger Station Analysis in Port of Dubuque City Manager recommending approval to hire Frank Hall, a retired Amtrak employee, as a consultant to investigate the best potential platform/station site for a passenger rail station to service Amtrak in Dubuque. Suggested Disposition: Receive and File; Approve 2 7. International Union of Operating Engineers, Local #758 City Manager recommending approval of an amendment to the collective bargaining agreement with the International Union of Operating Engineers, Local #758, to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Suggested Disposition: Receive and File; Approve 8. Workers’ Compensation Excess Insurance City Manager recommending approval of the selection of Safety National as the City’s excess workers’ compensation carrier, effective July 1, 2007 through June 30, 2009. Suggested Disposition: Receive and File; Approve 9. Purchase of Property – 509 Lincoln Avenue City Manager recommending approval of the purchase of a residential rental dwelling located at 509 Lincoln Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 509 Lincoln Avenue in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 10. Purchase of Property – 2010 Kniest Street City Manager recommending approval of the purchase of a residential rental dwelling located at 2010 Kniest Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2010 Kniest Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 11. Eagle Point Plant Clear Well Rehabilitation Project City Manager recommending award of the public improvement contract for the Eagle Point Plant Clear Well Rehabilitation Project to Tricon General Construction Group in the amount of $751,180.00. RESOLUTION Awarding public improvement contract for the Eagle Point Water Plant Clear Well Reservoir Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution 3 12. Plastic Center, Inc. / Sam’s Club Project City Manager recommending acceptance of the Quit Claim Deed from Plastic Center, Inc. for additional public right-of-way along Asbury Road for the east lane widening project. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Plastic Center, Inc., d/b/a The Fischer Companies Suggested Disposition: Receive and File; Adopt Resolution 13. Terminal Street Pumping Station Electrical Upgrade – Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals (RFP) for the Terminal Street Pumping Station Electrical Upgrade project. Suggested Disposition: Receive and File; Approve 14. 2007 Justice Assistance Grant (JAG) City Manager recommending approval and acceptance of the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $53,747 to provide funds for overtime for illegal drug investigations and special enforcement teams and authorize the signing of the award document. Suggested Disposition: Receive and File; Approve 15. Flora Park Horseshoe Courts City Manager advises that the Flora Park horseshoe courts have received the Horseshoe Court Sanction Certificate from the National Horseshoe Pitchers Association of America which will allow sanctioned leagues and tournaments. Suggested Disposition: Receive and File; Approve 16. East Central Intergovernmental Association Communication from Mark Schneider, requesting City Council approval of the submission of an application to the Hazard Mitigation Grant Program to the Iowa Homeland Security and Emergency Management (HSLEM) to secure funding to assist with the updating of the City’s Pre-Disaster Mitigation Plan. RESOLUTION Designating ECIA as the Applicant for the Hazard Mitigation Grant Program RESOLUTION Designating an authorized representative (Mark Schneider) for the Hazard Mitigation Grant Program Suggested Disposition: Receive and File; Adopt Resolutions 4 17. Liquor License Transfer Transfer of the liquor license of the Rotary Club of Dubuque from the Grand Opera House to 1000 Jackson Street on September 15, 22, 29 and October 6, 2007 for Voices from the Warehouse. Suggested Disposition: Receive and File; Approve 18. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of three new permits to sell cigarettes and cigarette papers within the City to Road Ranger #159, #160 and #161 RESOLUTION Granting the issuance of three renewal permits to sell cigarettes and cigarette papers within the City to A & B Tap, Aragon Tap, Cedar Cross Amoco, and Cue Master Billiards RESOLUTION Granting the issuance of a Class “B” Beer Permit (Special 5-Day License) to Carlos O’Kelly’s; and Class “C” Beer Permit to Kwik Stop Food, Phillips 66/Arby’s, Road Ranger #159, Road Ranger #160, and Road Ranger #161 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Fat Tuesdays, Lucky13 Tap, Angie’s Bar, National Mississippi River Museum, and Chances R; and a Class “B” (WBN) Native Wine to Diamond Jo (Portside) and Kwik Stop Food Mart 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. University of Dubuque Residential Parking Permit District City Manager recommending that a public hearing be set for September 17, 2007, to consider a request from the University of Dubuque for proposed changes to parking on City streets in and around the University of Dubuque campus. RESOLUTION Setting a public hearing on amending Residential Parking Permit District A to exclude McCormick Street, from Grace Street to Bennett Street, and Bennett Street, from McCormick Street to Algona Street Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/17/07 5 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. Civic Center Commission Three 3-year expired terms through June 29, 2010 – Terms of Bakke, Brannon, Nauman Applicant: Rod Bakke Appointments to the following Boards/Commissions: 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 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. Raven Oaks – Request to Vacate Proof of publication on notice of hearing to consider a request from Kluck Construction to vacate a portion of Raven Oaks Drive abutting Lot 4 of Raven Oaks No. 2 and City Manager recommending approval. RESOLUTION Approving plat of proposed vacated portion of Raven Oaks Drive RESOLUTION Vacating and disposing of City interest in Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa RESOLUTION Disposing 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 Resolutions 2. Vacation and Sale of Undeveloped Alley Proof of publication on notice of hearing to consider the vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant to SB Development, LLC and City Manager recommending approval. Suggested Disposition: Receive and File 6 3. Town Clock Renovation Project Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Town Clock Renovation Project and City Manager recommending approval. RESOLUTION Approving of plans and specifications, form of contract and estimated cost for the Town Clock Renovation Project Suggested Disposition: Receive and File; Adopt Resolution 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. Open Letter to Community Letter from the Mayor and City Council to the community of Dubuque. Suggested Disposition: Receive and File 2. 409 Burch Street Communication from Joseph J. Bitter requesting that the hearing regarding the property located at 409 Burch Street be continued for at least two weeks. City Manager recommending that the Mayor and City Council set a date for a hearing 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; Schedule Hearing 3. Downtown Rehabilitation Loan and Façade Grant – Interstate Building, LLLP City Manager recommending approval of a Letter of Commitment for the Downtown Rehabilitation Loan and Façade Grant for Interstate Building, LLLP to support their rehabilitation of the former Interstate Power Company Building. RESOLUTION Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan and Façade Grant for the former Interstate Power Company building Suggested Disposition: Receive and File; Adopt Resolution 7 4. Downtown Rehabilitation Loan and Façade Grant – Butt’s Florist City Manager recommending approval of a Letter of Commitment for the Downtown Rehabilitation Loan and Façade Grant for Butt’s Florist, Inc. to support their rehabilitation of property located at 233-241 Main Street. RESOLUTION Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan and Façade Grant for the Butt’s Florist building Suggested Disposition: Receive and File; Adopt Resolution 5. Memorandum of Understanding – Miller Development Group City Manager recommending approval of a Memorandum of Understanding between the City of Dubuque and Miller Development Group to redevelop property located at 40-42 Main Street in downtown Dubuque. RESOLUTION Approving a Memorandum of Understanding with Miller Development Group for the redevelopment of 40 – 42 Main Street Suggested Disposition: Receive and File; Adopt Resolution 5. Offer to Purchase – Dubuque Initiatives City Manager recommending approval to purchase approximately 1.8 acres in the Dubuque Industrial Center from Dubuque Initiatives to provide a site for a West-end Fire Station. RESOLUTION Approving an Offer to Buy real estate for real estate located in the Dubuque Industrial Center in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 6. Loras College – Request to Purchase Communication, dated August 8, 2007, from James E. Collins, President of Loras College, requesting to purchase the portion of Cox Street located between Loras th Boulevard and 17 Street. Communication, dated August 28, 2007, from James E. Collins, President of Loras College, regarding the purchase of a portion of Cox Street and requesting that the issue be referred to the City Manager. th Communication from Margaret Breese, 711 West 17 Street, in opposition to the requested purchase of Cox Street by Loras College. Suggested Disposition: Receive and File; Refer to City Manager 8 7. Green Communities Initiative City Manager providing an update on establishing Dubuque as a Green Community and requesting City Council direction. Suggested Disposition: Receive and File; Council Direction 8. Iowa League of Cities Conference Budget City Manager recommending that the budget for the City to host the Iowa League of Cities Conference be increased from the existing $10,000 allocation, up to $14,845. Suggested Disposition: Receive and File; Approve 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. Jeanne F. Schneider August 30, 2007 9