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1 17 06 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM TUESDAY, JANUARY 17, 2006 INVOCATION Sr. Catherine Dunn, BVM, President of Clarke College PROCLAMATIONS Dubuque Jaycees Week (January 28 - February 3, 2006) Year of the Shot Tower (2006) ~ ~ Dubuque Jaycees' Week Year of the Shot Tower 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 10/24; Cable TV Regulatory Commission of 12/6; City Council of 1/3; Community Development Advisory Commission of 12/21; Historic Preservation Commission of 12/15; Housing Commission of 11/22; Long Range Planning Advisory Commission of 12/21; Plumbing Board of 12/21; Zoning Advisory Commission of 1/4; Zoning Board of Adjustment of 12/22 Proof of publication of City Council Proceedings of 12/17 and 12/19 Printed City Council Proceedings for month of September, 2005 Suggested Disposition: Receive and File; Approve as Printed ~ ~ ~ ~ ~ ~ ,..z.':'..> ~ " Airport Cab., TV City Council Co"", Dev Adv HPC Housing Co"", ~ ~ ~ ~ ~ "" ~ Long Range Planning Plumbing Bd Zoning Advisory Zoning Bd of Adj Proceedings 2. Notice of Claims/Suits Juanita Kay Caley for vehicle damage; Mary V. Kearney for personal injury; Adam Lopez for vehicle damage; Jesse Rans for vehicle damage; Anthony Trice for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Anthony Trice for vehicle damage Corporation Counsel recommending denial of the claim of Adam Lopez for vehicle damage. Corporation Counsel recommending settlement of the claim of Juanita Kay Caley for vehicle damage and the claim of the Sisters of the Presentation for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment rlt e e Claim - !CAP Claim - Denied Claim; - Settled 3. Service Agreement with Total Administrative Services Corporation City Manager recommending approval of a Service Agreement with Total Administrative Services Corporation (TASC) for a claim (debit) card option for employees enrolled in the Flexible Spending Plan. Suggested Disposition: Receive and File; Approve 6[J 6[J rlt TASC Agr - MVM Memo TASC Agr - Staff Memo TASC Agreement 2 4. Citizen Communication Communication from Sister Margaret Ann Willging regarding use of the former meat packing plant and H & W Building. Suggested Disposition: Receive and File m Wilk;Jinglir 5. Comprehensive Annual Financial Report (CAFR) City Manager transmitting the Fiscal Year 2005 Comprehensive Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City Responses to the Management Letter. Suggested Disposition: Receive and File ~ ri[J ~ ~ m m 200S CAFR m CAFR - MVM Merro CAFR - Staff Merro Response to Mgnt lir EideBail~ lir Parking Facility Report 6. Community Economic Betterment Account (CEBA) Loan City Manager recommending approval of a Community Economic Betterment Account (CEBA) Loan Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Prudential Retirement Insurance and Annuity Company. RESOLUTION Authorizing the execution of a Community Economic Betterment Account Loan Agreement for Two Hundred Seven Thousand Dollars ($207,000) with Prudential Retirement Insurance and Annuity Company and a City Economic Development Loan of Sixty-Two Thousand Dollars ($62,000) Suggested Disposition: Receive and File; Adopt Resolution ~ ri[J ~ m CEBA - MVM Merro CEBA - Staff Merro CEBA - Resolution CEBA Loan Agreerrent 7. Municipal Services Center Construction Project City Manager recommending acceptance of the Municipal Services Center Construction Project as completed by Portzen Construction in the final contract amount of $11,723,606.15. RESOLUTION Accepting the Municipal Services Center Project 3 RESOLUTION Approving final estimate for the construction contract for the Municipal Services Center Project Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ EJ Service Ctr - MVM Merro Service Ctr - Staff Merro Service Ctr - Resolutions 8. 2005 Government Performance and Results Act (GPRA) Annual Products Report City Manager transmitting the 2005 Government Performance and Results Act (GPRA) Annual Products Report which has been submitted to the National Parks Service. Suggested Disposition: Receive and File ri[J ~ EJ ~ Ii GPRA - MVM Merro GPRA - Staff Merro GPRA Subrrittal Ur GPRA Report 9. Historic Old Main District City Manager response to Cynthia Nelms-Byrne and Robert Byrne regarding the Historic Old Main Street District. Communication from Cynthia Nelms-Byrne and Robert Byrne regarding various issues in the Lower Main Street area. Suggested Disposition: Receive and File; Refer to City Manager ~ Ii Nelm;-Byrne - MVM Ur Nelm;-Byrne Ur 10. Highway 20 Corridor Preservation Zone City Manager advising that the Iowa Department of Transportation intends to renew the corridor preservation zone along U.S. 20 from the Peosta interchange easterly to near the intersection with the Northwest Arterial. Suggested Disposition: Receive and File ~ 6[J Ii lOOT - MVM Merro lOOT - Staff Merro looTUr 4 11. National Community Development Association -Audrey Nelson Award City Manager advising that the National Community Development Association has announced that the HEART Partnership is the recipient of the 2006 Audrey Nelson Community Development Achievement Award. Suggested Disposition: Receive and File ~ Award - MVM Merro 12. 2005 Asphalt Paving Project City Manager recommending that Resolution No. 5-06, approving the final estimate for the 2005 Asphalt Paving Project, be rescinded and approval of a new final estimate for the project. RESOLUTION Rescinding Resolution No. 5-06 Setting the final estimate for the 2005 Asphalt Paving Project (Fiscal Year 2006) RSEOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ E.J u Aspha ~ - MVM Merro Asphalt - Staff Merro Aspha~ - Resolutions Final payrrent Form 13. Residential Parking Permit District Petition City Manager recommending that a request for a Residential Parking Permit District in the Lincoln School area be postponed to the spring of 2006. Suggested Disposition: Receive and File; Approve ~ ~ u u RPPD - MVM Merro RPPD - Staff Merro RPPD - Staff Merro #2 RPPD Pet~ion 14. Kunde Place No.2 - Final Plat Zoning Advisory Commission recommending approval of the final plat of Lots 1 through 3, inclusive, of Kunde Place NO.2 located on Old Highway Road West. RESOLUTION Approving final plat of Lots 1 through 3, inclusive, of Kunde Place NO.2 in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 5 ~ flt ~ flt m ~ Kunde Place - ZAC Kunde Place - Kunde Place - Staff Kunde Place - Vicinity Kunde Place - Plat Ltr Application Merro Map Kunde Place - Resolution 15. NPDES Permit City Manager providing a response to Iowa Department of Natural Resources Environmental Specialist Mike Wade regarding problems with the Key Way sanitary sewer. Suggested Disposition: Receive and File ~ ~ ~ Ifl Ii NPDES Perrrit - MVM NPDES - Staff Merro Response Ltr to Iowa DNR Report CIP San Sewer Merro IDNR Projects ~ Relief Sewers - Map 16. Business License Refund Request of Carol A. Meyers, A & B Tap, Inc., for a refund of the beer and liquor license in the amount of $422.50. Suggested Disposition: Receive and File; Approve 17. Business Licenses RESOLUTION Granting the issuance of a Class "B" Beer (5 Day Special Event) Permit to Catfish Festival; and Class "COO Beer Permit to EI Paisano Grocery, Awn Stop Mart, Inc., Dubuque Discount Gas and Oky Doky #21 RESOLUTION Granting the issuance of a Class "COO Beer/Liquor License to The Lounge, Water Hole and The Avenew Sports Bar; and Class "B" Native Wine Permit to Engraved Gift Collection Suggested Disposition: Adopt Resolutions ~ Iiifl'I L::J flt Resolution # 1 Resolution #2 Polte Reports 6 ITEMS TO BE SET FOR PUBLIC HEARING 1. Dubuque County Historical Society City Manager recommending that a public hearing be set for February 6, 2006 to consider the proposed reuse/lease of the Adam's Company to the Dubuque County Historical Society. RESOLUTION Of intent to dispose of an interest in real property by lease agreement with Dubuque County Historical Society Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/6/06 ~ ~ {J {J Lease - MVM Merro Lease - Staff Merro Release - Resolution DCHS Lease Agreerrent 2. Manasseh House Urban Revitalization Area Plan City Manager recommending that a public hearing be set for February 20, 2006 to consider establishment of the Manasseh House Urban Revitalization Area plan as requested by Michelle Mihalakis. RESOLUTION Finding that the designation of the Manasseh House Urban Revitalization Plan is necessary in the interest of the public health, safety and welfare of the residents of the City of Dubuque and providing for a public hearing thereon Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/20/06 ~ ~ L:J ~:: ,'c;,.; - ~ Manasseh - MVM Merro Manasseh - Staff Merro Manasseh - Resolution Manasseh House Plan 3. 2006 Curb Ramp Installation - CDBG Project Phase II City Manager recommending initiation of the public bidding process for the 2006 Curb Ramp Installation - CDBG Project Phase II and that a public hearing be set for February 20, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/20/06 7 ~ ~ ~ G Ii Curb Ral1lJ - MVM Merro Curb Ral1lJ - Staff Merro Curb Ral1lJ- Resolutions Curb Rarrp Locations 4. Fiscal Year 2007 Annual Action Plan City Manager recommending that a public hearing be set for February 21, 2006 on the Fiscal Year 2007 Annual Action Plan. RESOLUTION Setting a public hearing on the Program Year 2006 (Fiscal Year 2007) Community Development Block Grant (CDBG) Annual Action Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/21/06 ~ ~ ~ G LiID Annual Action Plan Actkln Plan - MVM Merro Annual Plan - Staff Merro Action Plan - Resolution PUBLIC HEARINGS SUSPEND THE RULES 1. River Pointe Development, LLC - Request to Rezone (Tabled on January 3, 2006) (Public Hearing Recessed at December 19,2006 Meeting / First Reading on December 19, 2005) Communication to the City from Stephen J. Juergens, representing River Pointe Development, LLC, providing responses to various questions posed by City Council members and City staff. Request from Steward Sandstrom, Dubuque Area Chamber of Commerce, to address the City Council regarding the River Pointe Development, LLC request to rezone. City Manager submitting questions of the Council that were sent to Mr. Spiegel for response at the January 3, 2006 public hearing . Letter to A.J. Spiegel . Questions from Mayor Buol · Questions from Council Member Michalski . Questions from Council Member Braig . Questions from Council Member Cline . Questions from Council Member Connors · Questions from former Council Member Nicholson · Questions from former Council Member Markham · Questions from City staff Communication from Sister Margaret Ann Willging, OSF, regarding the River Pointe Development, LLC project. 8 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 600 Mazzuchelli Drive from R-2 Two-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions Suggested Disposition: Remove from Table; Receive and File; Concur with Denial; or Motion B; Motion A River Pointe Development Response Ii Ii Ii ~ Ii Ii Cover Letter Stott Arch~ects - WHKS QualWications Firm Profile Response to Questions Revised S~e Plan WHKS Traffk Study ~ ~ U Ii Ltr to Property Owners Resident Responses Views of Rerraining Bldgs ~ Chanber of Corrrrerce Ltr Material from Previous Meetings Ii {J {J {J Ii Murphy Ltr MVM Merro - River Ltr to A J Spiegel Questions from Connors / Michalski Pointe PUD Council Questions Ii {J Ii Ii Ii ,";': " Willging Ltr River Pointe - ZAC River Pointe - River Pointe - Vicinity River Pointe - Photos, Ltr Application Map Plans {J Ii ~ U ~ Ii River Pointe - Staff Traffk Study - Staff River Pointe - Traffk Irrpact Study River Pointe - Aerial Report Merro Ordinance Exhib~ {J {J {J ~ Ii ~ LRPAC Ltr LRPAC Minutes PUD - Staff Merro River Pointe - Support Ltr State Archaeologist River Pointe - Ltr Oppos~ion Ii Ii Ii {J Bluff - 1992 Staff WHKS - Addl Info River Pointe - Addl Suggested Motion Report Photos 9 2. Washington Court LLP - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 1798 Washington Street from OR Office Residential District to OS Office Service District as requested by John GronenlWashington LLP 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 1798 Washington Street from OR Office Residential District to OS Office Service District Suggested Disposition: Receive and File; Motion B; Motion A ~ g ~ ~ EJ ~ ~ Washington Ct - ZAC Gronen - Application Washington Ct - Washington Ct - Washington Ct - Suggested Motion Ur VK:inity Map Staff Report Ordinance 3. Allan and Connie Rowell/City of Dubuque - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located on Southern Avenue from POS Public Open Space District to R-1 Single-Family Residential District as requested by Allan and Connie Rowell/City of Dubuque and Zoning Advisory Commission recommending denial. Communication from Allan and Connie Rowell regarding the proposed rezoning and purchase of the Southern Avenue property. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on Southern Avenue from POS Public Open Space District to R-1 Single Family Residential District Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote Necessary) ~ g g g ~ Ii Southern - ZAC Ur Rowell Ur Rowell- Application Rowell- VICinity Map Rowell- Staff Report lOOT - Right of Way Plat Ii ~ ~ Southern - Staff Southern - Suggested Motion Merro Opposition Urs 10 4. City of Dubuque/Edward Brown - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 468 East 1zth Street from HI Heavy Industrial District to MHI Modified Heavy Industrial District as requested by the City of Dubuque/Edward 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 468 East 1zth Street from HI Heavy Industrial District to MHI Modified Heavy Industrial District Suggested Disposition: Receive and File; Motion B; Motion A ~ EJ Ii ~ EJ Ii lit IiVi7'l U 468 E 12th - ZAC lir c~y - Applk:ation C~y - Staff Report C~ - Vicinity Map Freeway Corridor Plan 468 E 12th - Ordinance Ii ~ 468 E 12th - Staff Suggested Motion lirs 5. Vacating Petition - United Parcel Service (UPS) Proof of publication on notice of hearing to consider vacating and disposing of a portion of Kerper Boulevard in Block 5 of River Front Subdivision NO.3 to United Parcel Service (UPS) and City Manager recommending approval. RESOLUTION Approving plat of proposed vacated portion of Kerper Boulevard in Block 5 of River Front Subdivision NO.3 RESOLUTION Vacating a portion of Kerper Boulevard in Block 5 of River Front Subdivision No.3 RESOLUTION Disposing of City interest in Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Ii Vacating - MVM Mel1'() Vacating - Staff Mel1'() Vacating - Resolutions Vacating - Plat of Survey Material from January 3, 2006 Meeting ~ EJ ~ ~ Ii Ii Vacating - MVM Mel1'() Vacating - Staff Vacating - Resolution Vacating - Vicinity UPS Request Ltr Mel1'() Map REINSTATE THE RULES 11 ACTION ITEMS 1. Citizen Request Communication of Andrew J. Schlarmann requesting to address the Council regarding the alley between the 2500 block of Elm and Washington Streets. Suggested Disposition: Receive and File; Refer to City Manager Ii Schk>rrrann Ur 2. Dubuque Malting and Brewing Company Building Communication from David L. Clemens, representing 3-M Development, Ltd. - purchaser of the property located at 32nd and Jackson Streets, requesting immediate release of the action taken by the City Council in establishment of the Brewery Neighborhood Conservation District. Request of Michael W. McCoy, President - 3M Development, to address the City Council regarding the Dubuque Malting and Brewing Company building. City Manager submitting background information on Conservation Districts in the City of Dubuque. Suggested Disposition: Receive and File; Council Ii ~ ~ ~ fii Clerrens Ltr McCoy Ur DL>tricts . MVM Merro Districts' Staff Brewery Merro Conservation District ~ Conservation Districts Map 3. Community Needs Assessment for Children City Manager recommending approval of the allocation of $2,000 of existing Fiscal Year 2006 Health Services Department funds towards the Community Youth Needs Assessment process. Suggested Disposition: Receive and File; Approve ~ ~ EJ Assessrrent - MVM Merro Assessrrent . Staff Merro 12 4. Dubuque Star Brewery City Manager recommending approval of the selection of the Port of Dubuque Development, LLC, as developer for the Dubuque Star Brewery Project, and that a development agreement be negotiated. RESOLUTION Approving the selection of a developer for the Dubuque Star Brewery building and site Suggested Disposition: Receive and File; Adopt Resolution '-J '-J ~ Ii Ii Brewery - MVM Brewery - Staff Brewery - Resolution Epic Construction Alexander Co Merro Merro Proposal Proposa I 5. Truck Parking on Flint Hill Drive and Cross Hill Drive City Manager recommending that semi trailer parking be restricted on both sides of Flint Hill Drive from Twin Valley Drive to its southerly terminus and on Cross Hill Drive from Flint Hill Drive to Rockdale Road. ORDINANCE Amending Section 32-267.1 of the Code of Ordinances of the City of Dubuque, Iowa, providing for parking restrictions for semi trailers on designated streets or portions thereof by adding certain portions of Flint Hill Drive and Cross Hill Drive Suggested Disposition: Receive and File; Motion B; Motion A ~ L2J ~ '-J Ii Ii Flint HiII- MVM Merro Flint Hill - Staff Merro Flint HiII- Ordinance Flint Hill - VICinity Map Ur to Property Owners Ii ~ Flint Hill - Petition Suggested Mot"n 6. Five Year Street Program (Fiscal Years 2007 - 2011) City Manager recommending approval of the Annual Five Year Construction Program for Fiscal Years 2007 - 2011. RESOLUTION Adopting the Five Year Street Construction Program for Fiscal Years 2007 - 2011 Suggested Disposition: Receive and File; Adopt Resolution ~ '-J fiirl'1 L2J Ii Streets - MVM Merro Streets - Staff Merro Streets - Resolution Five Year Street Program 13 7. Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program City Manager submitting the Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program. Suggested Disposition: Receive and File ~ ~ m Budget - MVM Merro utility Franchise Fee - MVM Merro Franchise Fee - Background 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)U) 2005 Code of Iowa Jeanne F. Schneider January 12, 2006 14