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9 17 07 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 9/17/07 LYNCH MICHALSKI BRAIG BUOL CLINE CONNORS JONES CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, SEPTEMBER 17, 2007 PLEDGE OF ALLEGIANCE INVOCATION Dr. Reverend Robert Rankin, United Methodist Church PROCLAMATIONS Constitution Week (September 17 – 23, 2007) Crop Walk Day in Dubuque (October 7, 2007) Constitution WeekCrop Walk 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 Arts and Cultural Affairs Advisory Commission of 7/30; City Council of 8/28, 8/29 and 9/4; Civil Service Commission of 8/8; Historic Preservation Commission of 8/16; Long Range Planning Advisory Commission of 8/15; Park and Recreation Commission of 8/14; Zoning Advisory Commission of 9/5 Proofs of publication of City Council proceedings of August 20, August 22, August 28 and August 29, 2007 Suggested Disposition: Receive and File ACAACCity Council of 8/28City Council of 8/29City Council of 9/4Civil ServiceHPC LRPACZACPark and Rec 2. Notice of Claims/Suits Thomas J. Becker for vehicle damage; Julian and Shirley Regan for property damage; Qwest for property damage; Duane J. Wille for vehicle 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: Julian and Shirley Regan for property damage; Duane J. Wille for vehicle damage Suggested Disposition: Receive and File; Concur Claims - ICAP 3. U.S. Department of Transportation Communication from Andrew B. Steinberg, U.S. Department of Transportation, in response to the City’s letter in support of an application made by American Airlines to obtain route authority to operate a daily nonstop flight from Chicago O’Hare International Airport to Beijing, China. Suggested Disposition: Receive and File 2 Dept of Transportation Ltr 4. University Avenue Culvert and Sanitary Sewer Extension Project City Manager recommending acceptance of the University Avenue Culvert and Sanitary Sewer Extension Project as completed by Tschiggfrie Excavating Company in the final contract amount of $416,126.25. RESOLUTION Accepting the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Culvert - MVM MemoCulvert - Staff MemoCulvert - ResolutionFinal Project CostCertificate of Completion 5. Fiscal Year 2007 City Street Finance Report City Manager recommending approval of the City of Dubuque’s Fiscal Year 2007 Street Finance Report for submittal to the Iowa Department of Transportation. RESOLUTION Approving the City of Dubuque Fiscal Year 2007 Street Finance Report Suggested Disposition: Receive and File; Adopt Resolution Report - MVM MemoReport - Staff MemoReport - ResolutionStreet Finance Report 6. Safe Routes to School Plan Communication to Chandra Ravada, Co-Director of Transportation and Planning for East Central Intergovernmental Association, advising that the City of Dubuque supports the Dubuque Community Schools Safe Routes to School Plan. Suggested Disposition: Receive and File Ravada Ltr 3 7. Bi-Lingual Trail Signage Project City Manager recommending approval of an Iowa Department of Transportation Federal Recreation Trail Grant application to support the Bi-Lingual Trail Signage Project. RESOLUTION Approving the submittal of an application for Federal 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 Signage - MVM MemoSignage - Staff Signage - ResolutionSignage - ApplicationHike-Bike System Federal Guidelines MemoMap 8. Purchase of Property – 2265 Prince Street City Manager recommending approval of the purchase of a residential dwelling located at 2265 Prince Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 2265 Prince Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2265 Prince - MVM 2265 Prince - Staff 2265 Prince - MemoMemoResolution 9. Multijurisdictional Drug Task Force Agreement City Manager recommending approval of an amendment to 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 Task Force - MVM Task Force - Staff Original Task Force Amended Task Force MemoMemoAgrAgr 10. Purchase of Property – 2106 Kniest Street City Manager recommending approval of the purchase of a residential rental dwelling located at 2106 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 2106 Kniest Street in the City of Dubuque 4 Suggested Disposition: Receive and File; Adopt Resolution 2106 Kniest - MVM 2106 Kniest - Staff 2106 Kniest - MemoMemoResolution 11. Consolidated Annual Performance and Evaluation Report (CAPER) City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2006 through June 30, 2007, which is required by the regulations governing the Community Development Block Grant (CDBG) Program. RESOLUTION Authorizing the submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the period commencing July 1, 2006 and concluding June 30, 2007 Suggested Disposition: Receive and File; Adopt Resolution CAPER - MVM MemoCAPER - Staff MemoCAPER - ResolutionCAPER 12. Enterprise Zone Recertifications City Manager recommending approval to file applications with the Iowa Department of Economic Development requesting Enterprise Zone Recertification to the City’s two existing Enterprise Zones. RESOLUTION Authorizing the filing of an application with the Iowa Department of Economic Development requesting Enterprise Zone Recertification of the existing Enterprise Zone – 1 in the City of Dubuque RESOLUTION Authorizing the filing of an application with the Iowa Department of Economic Development requesting Enterprise Zone Recertification of the existing Enterprise Zone – 2 in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Recertifications - Recertifications - Recertifications - Enterprise Zone 1 Enterprise Zone 2 Enterprise Zone 1 MVM MemoStaff MemoResolutionsMapMapApplication Enterprise Zone 2 Application 5 13. Plat of Survey – Alley Across from Former Dubuque Packing Plant City Manager recommending approval of the plat to accommodate the creation of a legal description for the alley to be sold to SB Development, LLC. RESOLUTION Approving plat of survey Lot 378A of East Dubuque No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Alley Plat - MVM Alley Plat - Staff Alley Plat - Alley - Plat of Survey MemoMemoResolution 14. Plat of Survey – Waller Addition Zoning Advisory Commission recommending approval of the plat of survey of Waller Addition located on Lakeview Drive in Dubuque County, as requested by John and Emily Rowe/Buesing and Associates. RESOLUTION Approving the Plat of Survey of Waller Addition Suggested Disposition: Receive and File; Adopt Resolution Waller Addition - ZAC Waller Addition - Waller Addition - Waller Addition - LtrStaff MemoResolutionVicinity Map & Plat 15. Henschel’s Hidden Acres – Final Plat Zoning Advisory Commission recommending approval of the final plat of Henschel’s Hidden Acres located west of Miller Road Terminus (Lot 2 Henschel’s Hidden Acres) as requested by Thomas and Sheri Henschel. RESOLUTION Approving the final plat of Henschel’s Hidden Acres Suggested Disposition: Receive and File; Adopt Resolution Henschel - ZAC LtrHenschel - Staff Henschel - Henschel - Vicinity MemoResolutionMap & Plat 16. 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 $5,500 to Mediacom for a variety of equipment for the public access studio. 6 Suggested Disposition: Receive and File; Approve PEG - MVM MemoPEG - Staff Memo 17. Eagle Point Park Fee Collection Booth Construction Project City Manager recommending acceptance of the Eagle Point Park Fee Collection Booth Construction Project as completed by Klauer Construction Company in the final contract amount of $271,856. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Building - MVM MemoBuilding - Staff MemoBuilding - Resolutions 18. Iowa Finance Authority Loan City Manager recommending approval of a $500,000 loan from the Iowa Finance Authority to assist with the townhouse project at 1126 White Street. Suggested Disposition: Receive and File; Approve IFA Loan - MVM IFA Loan - Staff IFA Loan Documents MemoMemo 19. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one renewal permit to sell cigarettes and cigarette papers to Murph’s South End RESOLUTION Granting the issuance of a Class “C” Beer Permit to Wal-Mart Supercenter, Hy-Vee Gas #2 and Ron’s Discount Smokes RESOLUTION Granting the issuance of a Class “B” (Motel/Hotel) Liquor License to Hilton Garden Inn, Red Robin Gourmet Burgers; Class “C” Beer/Liquor License to Clarke College, Carlos O’Kelly’s Mexican Café, Bulldog Billiards, Happy’s Place, A & B Tap, and Star Restaurant/Ultra Lounge Suggested Disposition: Receive and File; Adopt Resolutions 7 Renewals - MVM Renewals - Staff Resolution #1Resolution #2Resolution #3 MemoMemo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Vacation and Sale of Undeveloped Alley City Manager recommending that a public hearing be set for October 1, 2007 to consider the vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant to SB Development, LLC. RESOLUTION of Intent to dispose of Lot 378A of East Dubuque No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/1/07 Alley - MVM MemoAlley - Staff MemoAlley - ResolutionSB Development - Alley - GIS MapAlley - Plat of Survey Agreement 2. United States Postal Service City Manager recommending that a public hearing be set for October 1, 2007 to consider approval of a lease agreement with the United States Postal Service for space at the Historic Federal Building. RESOLUTION of Intent to dispose of interest in real property by lease agreement between the City of Dubuque and the United States Postal Service Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/1/07 USPS - MVM MemoUSPS - Staff MemoUSPS - ResolutionUSPS Lease Agreement 3. Fiscal Year 2008 Budget Amendment City Manager recommending that a public hearing be set for October 1, 2007 to consider approval of the first amendment to the Fiscal Year 2008 Operating Budget. RESOLUTION Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2008 Budget for the City of Dubuque 8 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/1/07 Budget - MVM MemoBudget - Staff MemoBudget - ResolutionBudget - Notice of Budget Amendment HrgDetail BOARDS/COMMISSIONS Appointments to the following Commissios: Civic Center Commission Three 3-year expired terms through June 29, 2010 – Terms of Bakke, Brannon, Nauman Applicant: Rod Bakke Bd and Comm ListOverview SheetFive Flags Application 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. University of Dubuque Residential Parking Permit District Proof of publication on notice of hearing to consider a request for changes to Residential Parking Permit District A around the University of Dubuque campus and City Manager recommending approval. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by repealing Subsection (a) of Section 32-321.733 Establishing Residential Parking Permit District A and adopting in lieu thereof a new Subsection (a) of Section 32-321.733 Re- Establishing Residential Parking Permit District A Suggested Disposition: Receive and File; Motion B; Motion A RPPD - MVM MemoRPPD - Staff MemoRPPD - OrdinanceSuggested Motion Material from September 4, 2007 City Council Meeting RPPD - MVM MemoRPPD - Staff MemoRPPD - ResolutionRPPD - Exhibit ARPPD Letters 9 2. Text Amendment – Callahan Construction, Inc. Proof of publication on notice of hearing to consider a request from Joel Callahan, Callahan Construction, Inc., to amend Section 3-3.6 CS Commercial Service and Wholesale District of the Zoning Ordinance to allow for indoor and outdoor recreation facilities and Zoning Advisory Commission recommending approval. ORDINANCE Amending Sections 3-3.6(B) and 3-3.6(D) of the City of Dubuque Code of Ordinances by adding indoor recreation facilities as a permitted use and outdoor recreation as conditional use in the CS Commercial Service and Wholesale District Suggested Disposition: Receive and File; Motion B; Motion A Callahan - ZAC LtrCallahan - Staff Callahan - OrdinanceC-3 District Suggested Motion MemoRegulation 3. Martin McNamer / NCR Developers – Creek Wood Drive Proof of publication on notice of hearing to consider a request from Martin McNamer / NCR Development to rezone property located on Creek Wood Drive from R-2 Two- Family Residential District to R-1 Single-Family Residential District 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 along Creek Wood Drive from R-2 Two-Family Residential District to R-1 Single-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Creek Wood - ZAC Creek Wood - Creek Wood - Staff Creek Wood - Creek Wood - Vicinity Creek Wood - Exhibit LtrApplicationReportOrdinanceMapA Suggested Motion 4. Jim and Diane McClain – 1605 Kebbie Drive Proof of publication on notice of hearing to consider a request from Jim and Diane McClain to rezone property located at 1605 Kebbie Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District 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 located at 1605 Kebbie Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District 10 Suggested Disposition: Receive and File; Motion B; Motion A 1605 Kebbie - ZAC 1605 Kebbie - 1605 Kebbie - Vicinity 1605 Kebbie - Staff 1605 Kebbie - Suggested Motion LtrApplicationMapReportOrdinance 5. John Kivlahan – Northwest Arterial Proof of publication on notice of hearing to consider a request from John Kivlahan to rezone property located south of the Northwest Arterial from C-3 General Commercial District to R-2 Two-Family Residential District 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 located south of the Northwest Arterial and west of John F. Kennedy Road from C-3 General Commercial District to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Kivlahan - ZAC LtrKivlahan - ApplicationKivlahan - Vicinity Kivlahan - Staff Kivlahan - OrdinanceSuggested Motion MapReport 6. Thomas and Sheri Henschel – Henschel’s Hidden Acres Proof of publication on notice of hearing to consider a request from Thomas and Sheri Henschel to rezone property located west of Miller Road Terminus (Lot 2 Henschel’s Hidden Acres) from AG Agricultural District to R-1 Single-Family Residential District 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 located at the end of Miller Road from AG Agricultural District to R-1 Single-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Henschel - ZAC LtrHenschel - Kivlahan - Vicinity Henschel - Staff Henschel - OrdinanceSuggested Motion ApplicationMapReport 7. Robert Hartig / Medical Associates Clinic Proof of publication on notice of hearing to consider a request from Robert Hartig / Medical Associates Clinic to amend the Medical Associates Clinic Planned Unit Development (PUD) District to redesignate existing greenway buffer for business uses and Zoning Advisory Commission recommending denial. Communication from Robert Hartig, Medical Associates, requesting that this topic be tabled to October 1, 2007. 11 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Medical Associates West Campus Planned Unit Development District and by repealing Ordinances 24-94, 32-96 and 35-99 Suggested Disposition: Receive and File; Table, Concur with Denial, or Motion B; Motion A (Super Majority Vote) Request to TablePUD - ZAC LtrPUD - ApplicationPUD - Vicinity MapPUD - Ltr to Associates Park Map Neighborhood PUD - Staff MemoOrdinance 32-96Amended PUDPUD - OrdinanceMedical Associates PUD - Opposition Ltr / Photos Petitions 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. Sister City – Handan, China Request of Dirk Voetberg and Dick Landis to address the City Council regarding the future of the Dubuque – Handan City Sister City relationship. Suggested Disposition: Receive and File; Council Voetberg Request 2. Pebble Cove #2 – Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Pebble Cove #2 as requested by John Kivlahan / Buesing and Associates. Suggested Disposition: Receive and File; Approve Pebble Cove - ZAC Pebble Cove - Pebble Cove - Map Pebble Cove - Staff LtrApplicationand PlatReport 12 3. Community Development Advisory Commission City Manager submitting information on the transfer of the designation of area representation between two current Community Development Advisory Commission (CDAC) members. Suggested Disposition: Receive and File; Council CDAC - MVM MemoCDAC - Staff Memo 4. School Resource Officer (SRO) Agreement City Manager recommending approval of the School Resource Officer (SRO) agreement with Dubuque Community Schools for the 2007 – 2008 school year. Suggested Disposition: Receive and File; Approve SRO - MVM MemoSRO - Staff MemoSRO Agreement 5. Lead Paint Program City Manager recommending that the two lead based paint inspector positions be retained as the City reviews the code enforcement efforts of the lead paint program. Suggested Disposition: Receive and File; Approve Lead Paint - MVM Lead Paint - Staff Lead Paint - Staff MemoMemo - 9/13Memo - 8/28 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 September 13, 2007 13