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2 20 06 Agenda With Icons CITY OF DUBUQUE, IOWA CITY COUNCIL 5:15 P.M. - WORKSESSION - CONVENTION AND VISITORS BUREAU 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, FEBRUARY 20, 2006 INVOCATION Father Kenneth Anich, SVD, Acting President of Divine Word Seminary PROCLAMATION Business Professionals of America Week (February 12 -18, 2006) ~ Business Professionals 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 Cable TV Regulatory Commission of 11/9; Cable TV Teleprogramming Commission of 1/10; Civil Service of 1/26; City Council of 2/6, 217, 2/9, and 2/13; Electrical Code Board of 1/30; Environmental Stewardship Advisory Commission of 217; Five Flags Commission of 12/19; Human Rights Commission of 1/9; Zoning Advisory Commission of 2/1 Printed City Council Proceedings for October and November, 2005 Proof of publication of City Council Proceedings of January 30, 2006 Suggested Disposition: Receive and File; Approve as Printed . ~ ~ EJ ~ EJ ~ EJ ~"" _':::;.' - IiiMl E.I Cable Regulatory Cable Teleprograrming Civil5ervice City Council of 2/6 City Council of 2/7 City Council of 2/9 ~ EJ IiVijl'I EJ ~ -~~ ..'""" ~~ ._,.,." - ~ ~ EJ City Council of 2/13 Electrical Code Bd ESAC Five Flags Hurran Rights Zoning Advisory ~ L::J Noverrt>er Proceedings 2. Notice of Claims/Suits Brooke Kowalske vs. City of Dubuque, et al; Randy Seay for property damage; Splendid Valley Nursery for property 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: Splendid Valley Nursery for property damage; Donald Stumpf for personal injury Suggested Disposition: Receive and File; Concur Ilfi ClaiITS - ICAP 3. 2005 Sidewalk Assessment Program - Bid #2 Project City Manager recommending that total assessments of $7,665.19 be levied against nine separate parcels of property as part of the 2005 Sidewalk Assessment Program - Bid #2 Project. RESOLUTION Adopting the final assessment schedule for the 2005 Sidewalk Assessment Project - Bid #2 including certain information required by the Code of Iowa, specifically the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution ~ E..I ~ L::J ~ EJ ~ ~ Schedule of Final Assessrrents Sdewalk - MVM Merro Sdewalk - Staff Merro Sdewalk - Resolution 2 , 4. Iowa Department of Transportation - Acceptance of Deed City Manager recommending approval of the acceptance of a Quit Claim Deed from the Iowa Department of Transportation for property at the corner of Grandview Avenue on Dodge Street. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from the Iowa Department of Transportation Suggested Disposition: Receive and File; Adopt Resolution ~.\! .."".... . ~ ~ D Ii Ii Deed - MVM MelTll Deed - Staff MelTll Deed - Resolution Deed - lOOT Ur Qu~ Claim Deed 5. 2005 Urban Revitalization Program Applications City Manager recommending approval of nine 2005 Urban Revitalization Program applications for residential property tax exemption. RESOLUTION Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor Suggested Disposition: Receive and File; Adopt Resolution Ii'i1ftl EJ ~ D ~?ic """"'''' ~... Urban Rev~ - MVM MelTll Urban Rev~ - Staff MelTll Urban Rev~ - Resolutions 6. Shot Tower Archeological Survey City Manager recommending approval of the issuance of a Request for Proposals for the Shot Tower Archeological Survey. Suggested Disposition: Receive and File; Approve ~ 1iiMl.. .c..c. o ~ EJ Shot Tower - MVM MeITll Shot Tower - Staff MelTll Shot Tower - RFP 3 . 7. Arts and Cultural Affairs Advisory Commission Communication from Jane Kenworthy submitting her resignation from the Arts and Cultural Affairs Advisory Commission due to her relocation out of the State. Suggested Disposition: Receive and File Ii Kenworthy Ur 8. Certificate of Completion - Adams Company City Manager recommending approval of a Certificate of Completion for The Adams Company project in the Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve Iiiifi'I EJ ~ ~ Adam; - MVM Menu Adams - Staff Memo Certificate of Comple~on 9. Historic Preservation Commission Historic Preservation Commission reiterating its support for the City Council to continue to pursue the legislative changes which would extend Historic Preservation Commission membership to owners of property in historic districts and to continue to pursue the legislative changes which would refer appeals of Historic Preservation Commission decisions to District Court instead of the City Council. Suggested Disposition: Receive and File ~ HPC Ur 10. PEG Access Capital Grant Expenditure City Manager recommending approval of a request from Mediacom for a $200 grant from the Capital Grant for Access Equipment and Facilities for chromakey paint for the Access Studio at Mediacom. Suggested Disposition: Receive and File; Approve ~ Iiiifi'I EJ PEG - MVM Menu PEG - Staff Menu 4 11. Legislative Correspondence Communication to area legislators encouraging support of an amendment to Iowa Code S364.2 to clarify a City's authority to charge a franchise fee to a utility based on the gross revenue from the sale of the utility's product Communication to area legislators encouraging opposition to HF 2321 regarding changes to the requirements when a City is considering the use of eminent domain. Suggested Disposition: Receive and File; Approve ~'" .m:""" .. ~. t=.J Franchise Fees Eninent Dorrain 12. Human Rights Ordinance Communication from Lorie Murphy-Freebolin expressing appreciation to members of the City Council for their support of the Human Rights Ordinance. Suggested Disposition: Receive and File Ii Freebolin Ur 13. North Grandview Estates, L.L.C. Communication from Joseph J. Bitter, representing North Grandview Estates, L.L.C., requesting changes to the Agreement between the City of Dubuque and North Grandview Estates, L.L.C., dated April 21,2005, for development of North Grandview Estates. Suggested Disposition: Receive and File; Refer to City Manager Iii Ii J1j N Gra ndview Estates -BitterUr N Grandview Estates Agreement N Grandview Estates - Plats 14. Grand Opera House Letter of support for the efforts of the Grand Opera House Foundation Board to seek grant funding to complete restoration of the Grand Opera House. Suggested Disposition: Receive and File; Approve ~' ~"o - Grand Opera Hse Ur 5 15. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Big 1 0 Mart RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Bootleggers Pub; The Clubhouse and Town Clock Inn Suggested Disposition: Adopt Resolutions ~' ~:>.. - ~ D fli Resolution # 1 Resolution #2 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING 1. Floodwall Pumping Station Improvement Project City Manager recommending initiation of the public bidding process for the Floodwall Pumping Station Improvement Project and setting a public hearing for April 3, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on the plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/3/06 ~ L::J ~ ~ CJ fii Fioodwall - MVM Merro Fioodwall - Staff Merro Fioodwall- Resolutions Pol;:e Reports 2. Alta Vista/Carlotta Street Reconstruction Project City Manager recommending initiation of the public bidding process for the Alta Vista/Carlotta Street Reconstruction Project and setting a public hearing for March 20, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on the plans and specifications RESOLUTION Of necessity RESOLUTION Fixing date of hearing on the Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/20/06 6 . ~,,, ..._.:o~, ----. ~.~ ---< - IiVlB'l ~ Ii Ma V5ta - MVM Merro Ma VISta - Staff Merro A~a V5ta- Resolutions Ma V5ta - Assessrrents BOARDS/COMMISSIONS Appointment to the following Commission: Airport Commission (One four-year term through 9/14/10) Applicants: Charles Dauod, J.K. Hanson III, Dan Nicholson (Note: J.K. Hanson has requested that his name be withdrawn from consideration) ~.'" ~..,';::--.0 - ~ Ii Bd and Corrm List Overview Sheet Airport Applications PUBLIC HEARINGS SUSPEND THE RULES 1. River Pointe Development, LLC - Request to Rezone (Referred Back to Zoning Advisory Commission at January 17, 2006 City Council Meeting) Proof of publication on notice of hearing to consider rezoning property located at 600 Mazzuchelli Drive from R-2 Residential District to PUD Planned Unit Development District with a Planned Residential designation as requested by River Pointe Development, LLC and Zoning Advisory Commission recommending approval. City Manager advising that River Pointe Development, LLC has agreed to contribute $150,000 towards the off-site street improvements near this development. Communications from Rick Trausch, Helene Hurley Magee, Venice Richardson, Donna Bauerly, Ethel Cherioli, Jim Banworth, Leslie L. Motsch, Robert and Damaris Eichman, and Francine Banworth in opposition to the proposed development. Communication from S.A. Sutton in opposition to the present development plans of River Pointe and submitting additional information/petitions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 600 Mazzuchelli Drive from R-2 Residential District to PUD Planned Unit Development District with a Planned Residential designation Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ g fa ~ ~ River Pointe - ZAC Council Referral % of Opposition River Painte - BAL Ur River Pointe - Staff River Pointe - Ur Merro Merro Report Ordinance 7 ~" -,..'''''' - Ii Ii Ii River Pointe - Traffic Irrpact Study WHKS Ur - 2/15 Engineering MelTD - 10/05 Urs to Zoning Corrrrission Ii Iiil]>l ~ S.A. Sutton Material Suggested Motion ~ E.I ~-- .~ - ~ E.I River Pointe - MVM MelTD River Pointe - Staff MelTD % of Written Oppos~ion MelTD Ii Ii Material from Jeff Oppos~ion Urs to Nagle Council ~ E.I River Pointe - Revised Ordinance Material from January 17, 2006 City Council Meeting - River Pointe Development Response Ii Ii Ii ~ E.J Cover Letter Stott Arch~ects - WHKS Qual~ications Firm Profile Response to Questions ~ ~ Iiii]'l E.I Ii ~ CJ Ur to Property Owners Resident Responses VieWS of Rerreining Blclgs Charrber of Corrmerce Ur Material from Previous Meetings Ii Ei Revised S~e Pian WHKS Traffic Study Ii ~ ~ ~ Ei ~="'.' -- "'C"'= Murphy Ur MVM Merm - River Ur to A J Spiegel QuestKms from Connors / Michalski Pointe PUD Council Questions Ii ~ Ii Ii Ifi WillgingUr River Pointe - ZAC River Pointe - River Pointe - VICinity River Pointe - Photos, Ur Appiication Map Pians ~ ra ~ Ii Ili River Pointe - Staff Traffic Study - Staff River Pointe - Traffic Iflllact Study River POinte - Aerial Report MeITD Ordinance Exhib< ~d' ------ m ~ E..I ra ~ LRPAC Ltr PUD - Staff MelTD River Pointe - Support Ur LRPAC Minutes Ii Ii Ii ~ Bluff - 1992 Staff WHKS - Addl Info River Pointe - Addl Suggested Motion Report Photos 8 fa State Archaeobgist Ur Ii River Pointe - Oppos~ion 2. Roger Kunde/North End Wrecking - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District as requested by Roger Kunde/North End Wrecking and Zoning Advisory Commission recommending approval. Communication from Joseph J. Bitter, representing North End Wrecking, regarding the requested rezoning. Communication from Paul J. Uhlrich, 480 Olympic Heights Road, in opposition to the proposed rezoning. Communication from Hope Huseman submitting a petition in opposition to the proposed rezoning for North End Wrecking. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District Suggested Disposition: Receive and File; Motion B; Motion A ~ flI Ii Ii Iii ~^",'c" Kunde - ZAC Ur Kunde - Application Kunde - Attorney IDNR Ur / NPDES Kunde - Engineering Urs (3 Notices Ur ~ fa ~ flt U Ii ,.,,::,,~,/ om',;' - Kunde - Staff Report Kunde - Exhib~ A Kunde - Ordinance UhlrichUr HuselTEln Petition Bitter Material ~ 't:::U Suggested Motion 3. Loras College - Institutional District Amendment Proof of publication on notice of hearing to consider amending the ID Institutional District to construct an arena/wellness center and parking lot as requested by Loras College and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances No. 18-00 and 01- 02, and approving an amended Campus Development Plan for the new Athletic and Wellness Center for the Loras College ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A 9 ~ Ii Ii Ii Ii Iii .~--, --". Loras - ZAC Ur Loras - Application loras - Vicinity Map Loras - Master Plan loras - Site Plans loras - Architect Drawings Ii ~ Ii ~ Ii ~ --,-~ - - Loras - Conceptual Loras - Staff Report Loras - Area Photo loras - Ordinance Loras - Oppos~ion Suggested Motion Dev Plan Ur 4. Garfield Place Urban Revitalization Area (Tabled on February 6, 2006) Proof of publication on notice of hearing to consider approval of an amended and restated Garfield Place Urban Revitalization Area to add two adjoining lots for a proposed 12-room single-room occupancy facility at 601 Garfield Avenue and to extend the duration of the plan and City Manager recommending approval. Communication from the Long Range Planning Advisory Commission recommending expansion of the Garfield Place Urban Revitalization District. ORDINANCE Establishing the Amended and Restated Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa Suggested Disposition: Remove from Table; Receive and File; Motion B; Motion A ~ ~-'C ,:.""-.., - ~ IiiMl E.I Ii ~" ----' - Garfield Place - MVM Garfield Place - Staff Garfield Place - Garfield Place Plan Garfield Place - Suggested Motion MenD MenD Ordinance Ul.PAC Ur Material from December 17,2005 Meeting ~ ~ ~>r -0,,:-0 - ~ EJ Ii Garfield - MVM MenD Garfield - Staff MenD Garfield - Resolution Garfield Place Arrendrrent Garfield Place - Exhib~ A 5. Manasseh House Urban Revitalization Area Plan Proof of publication on notice of hearing to consider approval of the Manasseh House Urban Revitalization Area Plan for a proposed nineteen room single occupancy (SRO) facility for women. ORDINANCE Establishing the Manasseh House Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa Suggested Disposition: Receive and File; Motion B; Motion A 10 ~ ~ ~.~ "CC,cc. ---;;0, ~ ~ ~ Manasseh Hse ~ MVM Manesseh Hse- Merm StaffMerm Manasseh - Ordinance Manasseh Hse UR Plan Suggested Motion Material from January 17, 2006 Meeting ~ ~ Iiii]'l ~ Iiii]'l ~ ~ ~ Manasseh - MVM Merm Manasseh - Staff Merm Manasseh - Resolution Manasseh House Plan 6. Tanzanite Drive and Sapphire Circle Planned Unit Development District Proof of publication on notice of hearing to consider amending the existing Planned Unit Development District for property at the northwest corner of Tanzanite Drive and Sapphire Circle by eliminating the option to develop property under R-3 Residential District zoning regulations as requested by the City of Dubuque and the Zoning Advisory Commission and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances No. 10-99,96-02 and 86-03 which adopted regulations for the Emerald Acres NO.2 PUD Planned Unit Development District with a PR Planned Residential Designation and approving an amended ordinance for the Emerald Acres NO.2 PUD Planned Unit Development District Suggested Disposition: Receive and File; Motion B; Motion A ~ g g ~ Tanzan~e - lAC Ur City - Appltation City - Vicinity Map City - Staff Merm Ii Ii City - Photo Emerald Acres - Plan Ii ~ ~ Ordinance 86-03 Emerald Acres - Suggested Motion Ordinance 7. 2006 Curb Ramp Installation - CDBG Project, Phase II Proof of publication on notice of hearing to consider adoption of the plans and specifications for the 2006 Curb Ramp Installation - CDBG Project, Phase II and award of the contract to Kluck Construction, Inc., in the amount of $23,843, and City Manager recommending approval. RESOLUTION Adopting plans and specifications RESOLUTION Awarding construction contract for the 2006 Curb Ramp Installation - CDBG Project, Phase II RESOLUTION Approving construction contract with Kluck Construction, Inc.. for the 2006 Curb Ramp Installation - CDBG Project, Phase II 11 Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ o ~ "EI ~ Curb Rarrp - MVM Merro Curb Rarrp - Staff Merro Curb Rarrp - Resolutions Curb Rarrp - BK:I Tab Material from January 17, 2006 City Council Meeting ~ ~ Iiil&t ~ fa Curb Rarrp - MVM Merro Curb Rarrp - Staff Merro Curb Rarrp - Resolutions Curb Rarrp Locations REINSTATE THE RULES ACTION ITEMS 1. Storage Container Ordinance (First Reading on February 6, 2006) Communication from Steward Sandstrom, Dubuque Area Chamber of Commerce, requesting that he or designees of the Chamber be given an opportunity to address the Council regarding the second reading of the ordinance to regulate exterior storage containers. ORDINANCE Amending Chapter 11 Building and Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage Trailers establishing requirements for the use of exterior storage containers and storage trailers Suggested Disposition: Receive and File; Motion B; Motion A ~ Chanber Ltr Material from February 6, 2006 City Council Meeting ~ ~ ~ ~ g m ~^M': - Containers - MVM Containers - Staff Containers - Storage Container AttachlTent # 1 AttachlTent #2 Merro Merro Ordinance Photos fli fa El fa ~ AttachlTent #3 AttachlTent #4 Containers - Containers - Coyle Suggested Motion Chanber Ur Ur 12 2. Walnut Ridge Estates - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Walnut Ridge Estates as requested by Lester Jennings. Suggested Disposition: Receive and File; Approve ~ Ii Ii Iiiij'l o fJi Walnut Ridge - ZAC Ur Jennings - Application Jennings - VICinity Walnut Ridge - Staff Walnut Ridge Plat Map Report 3. Golf Car Lease Agreement City Manager recommending approval of the award of a five-year lease for fifty (50) golf cars for the Bunker Hill Golf Course to Tiziani Golf Car Corporation. Suggested Disposition: Receive and File; Approve ~ o ~ Golf Car - MVM Merro Golf Cars - Staff Merro 4. Organizational Development and Diversity Training City Manager recommending approval of the selection of One Ummah Consulting to perform Organizational Development and Diversity Training for City employees at a cost of $79,200. Suggested Disposition: Receive and File; Approve IiiiJ'l ~ ~" ~~~,- - ~ LJ ~-" --= -. Training - MVM Merro Training - Staff Merro One Urrrrah Proposal One Urrrrah - Cost Estirrate 5. City Electrical Ordinance City Manager recommending approval of six changes to the administrative portion of the City's Electrical Code to make the Electrical Code Board more user friendly and to add some clarity to the various descriptions. ORDINANCE Amending City of Dubuque Code of Ordinances Chapter 18 Electricity, Section 81-2 National Electrical Code-Amendments, by amending Section 81-3 Electrical Code Board by increasing the number of members from five to seven and providing for regular and special meetings; by amending Section 83-1 Definitions "Apprentice or Helper," "Master Electrician/Electrical Contractor," and "Journeyman Electrician Suggested Disposition: Receive and File; Motion B; Motion A 13 ~ ~ ~ ~ IiV@'l ~ ~ EJ ~' --c;;s' - .0 Electrical Ord - MVM Merro Electrical Ord - Staff Merro Electrical Code- Ordinance Electrical Ordinance - Redllne Suggested Motion 6. Heeb Street and West 17th Street City Manager recommending approval of the installation of a stop sign on Heeb Street at West 1 i1h Street. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign at the intersection of Heeb Street and West Seventeenth Street Suggested Disposition: Receive and File; Motion B; Motion A ~ 't2J ~ ~ ~. ,~~ - u Heeb St - MVM Merro Heeb St - Staff Merro Heeb St - Ordinance Heeb St - VICinity Map 7. Regional Workforce Investment Board City Council appointment to the Regional Workforce Investment Board. Suggested Disposition: Receive and File; Council ~ ~ IiVi5'l ~ Council Appointments Adrrin Rules - RWIB RWIB E-Mail 8. Old Main Historic District Sidewalks City Manager recommending that City Council schedule a work session on March 13, 2006 to discuss the Old Main Historic District Sidewalk Paving Options. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ 't2J ~ Ii Old Main - MVM Merro Old Main - Staff Merro Old Main - Old Main - Planning Old Main - l1{IS{04 Attachrrent B Merro Engineering Merro Worksession Material u g g Ii Old Main 10{11{OS Property Historic Ok::t Main Old Main Project IrTl>roverrent Project Owner Ur Material Presentation Ii Iii Old Main Map Old Main Downtown Sidewalk COUNCIL MEMBER REPORTS 14 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)G) 2005 Code of Iowa Jeanne F. Schneider February 16, 2006 15