4 17 06 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, APRIL 17, 2006
INVOCATION
Deacon J.C. Otto, Sacred Heart Catholic Church
PROCLAMATIONS
Community Development Week (April 17 - 23,2006)
Girl Scouts of Little Cloud Council's 70th Anniversary Day (April 22, 2006)
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 3/27; Cable TV Teleprogramming Commission of 3n; City
Council of 4/3; Community Development Advisory Commission of 3/14; Enterprise Zone
Commission of 4/5; Human Rights Commission of 3/13; Zoning Board of Adjustment of
3/23
Proof of publication of City Council Proceedings of 3/20 and 3/27
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Citimortgage, Inc. vs. the City of Dubuque, et al; Joseph D. Gruber for property damage;
Leanne Horsfall for property damage; Kathy Stumpf 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: Allied Waste for
property damage on 12/8/05; Allied Waste for property damage on 2/17/06
Suggested Disposition: Receive and File; Concur
3. Animal Control Officer Vacancy
City Manager recommending elimination of the full-time vacant Animal Control Officer
position and for the vacancy to be filled with part-time hours.
Suggested Disposition: Receive and File; Approve
4. Demolition by Neglect
Communication from Terry L. Mozena, 1036 West Third Street, requesting support for
the incorporation of Demolition by Neglect into the Conservation Districts.
Suggested Disposition: Receive and File
5. General Obligation Bonds - Series 2006A - Stormwater Projects
City Manager recommending approval of the final action necessary for the issuance of
the General Obligation Bonds - Series 2006A in support of stormwater projects.
RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement - 2006A
RESOLUTION Authorizing and providing for the issuance of $2,900,000 General
Obligation Bonds, Series 2006A, and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
6. General Obligation Urban Renewal Bonds - Series 2006B - Parking Ramps
City Manager recommending approval of the final action necessary for the issuance of
the General Obligation Urban Renewal Bonds - Series 2006B for parking ramp
restoration projects.
RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement - 2006B
RESOLUTION Authorizing and providing for the issuance of $910,000 General
Obligation Urban Renewal Bonds, Series 2006B, and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
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7. General Obligation Refunding Bond - Series 2006C
City Manager recommending approval of the final action necessary for the issuance of
the General Obligation Refunding Bonds - Series 2006C to refund the outstanding
balance on 2000 Series Band C Bonds.
RESOLUTION Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement
RESOLUTION Authorizing and providing for the issuance of $3,525,000 General
Obligation Bonds, Taxable Series 2006C, and levying a tax to pay said bonds
RESOLUTION Authorizing the redemption of certain of the outstanding General
Obligation Bonds, Series 2000B, dated June 1, 2000, and General Obligation Bonds,
Series 2000C, dated November 1, 2000, of the City of Dubuque, Iowa, and directing
notice of redemption
Suggested Disposition: Receive and File; Adopt Resolutions
8. Senior Fitness Friends
Petition from the Senior Fitness Friends thanking the City for supporting the lifeTime
Center's budget request of $25,000.
Suggested Disposition: Receive and File
9. Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
City has been awarded a grant in an amount not to exceed $350,000 for the HOME
Investment Partnership Program to assist in the conversion of a building owned by Step
by Step into seven units for physically disabled women.
Suggested Disposition: Receive and File
10. Step by Step - Affordable Housing Program
City Manager recommending approval of the City sponsoring an application to the
Federal Home Loan Bank for funds to assist in the development of a residential facility
to be owned by Step by Step.
Suggested Disposition: Receive and File; Approve
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11. Community Partnership (cp2) Program
Communication from the Community Development Advisory Commission
recommending that the Community Partnership (cp2) Program Grant for the Gannon
Center be transferred to Hillcrest Family Services.
RESOLUTION Rescinding the Gannon Center Community Partnership (cp2) Grant for
the Transportation/Mental Health Skill Development Program and approving the transfer
of funds for the program to Hillcrest Family Services
Suggested Disposition: Receive and File; Adopt Resolution
12. Partnership with Project Concern
City Manager recommending approval to apply for funding to assist homeless persons,
in partnership with Project Concern, under the US Housing and Urban Development
Shelter Plus Care Program.
Suggested Disposition: Receive and File; Approve
13. Purchase of Property -1570 Maple Street
City Manager recommending approval of the purchase of property at 1570 Maple Street
as part of the acquisition program associated with expansion of the Bee Branch Creek
Restoration Project.
RESOLUTION Approving the acquisition of real estate located at 1570 Maple Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
14. Purchase of Property - 512 Lincoln Avenue
City Manager recommending approval of the purchase of property at 512 Lincoln
Avenue as part of the acquisition program associated with expansion of the Bee Branch
Creek Restoration Project.
RESOLUTION Approving the acquisition of real estate located at 512 Lincoln Avenue in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
15. Busted Lift Lease
City Manager recommending approval of an outdoor patio lease for the Busted Lift to
use the public right of way to serve alcoholic beverages.
Suggested Disposition: Receive and File; Approve
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16. Police Department Towing Contract
City Manager recommending approval of the issuance of a Request for Proposals for
towing services for Fiscal Years 2007 - 2009.
Suggested Disposition: Receive and File; Approve
17. Eagle Valley Subdivision Water Main Extension Project
City Manager recommending acceptance of the Eagle Valley Subdivision Water Main
Extension and Service Line Lateral Project as completed by Fondell Excavating, Inc. in
the final contract amount of $74,897.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
18. DMATS Transportation Enhancement Grant
City Manager recommending approval of a $249,288 application to the Iowa
Department of Transportation for a Dubuque Metropolitan Area Transportation Study
(DMATS) Transportation Enhancements Grant for Phase 2 of the Iowa 32 (Northwest
Arterial) Bike/Hike Trail Project.
RESOLUTION Approving the submittal of an application for DMA TS Transportation
Enhancements Funding for the Dubuque Heritage Trail Extension: Phase 2 of the Iowa
32 (Northwest Arterial) Bike/Hike Trail Project
Suggested Disposition: Receive and File; Adopt Resolution
19. Bonson Road Reconstruction Project
City Manager recommending approval of the award of the contract for the Bonson Road
Reconstruction Project to the low bidder, Horsfield Construction, Inc., in the amount of
$507,813.55.
RESOLUTION Awarding contract for the Bonson Road Reconstruction Project to
Horsfield Construction, Inc.
RESOLUTION Approving construction contract with Horsfield Construction, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
20. Bunker Hill Golf Course - Gambling License
City Manager recommending approval of the application of Bunker Hill Golf Course for a
gambling license to conduct two raffles to raise money for the golf course.
Suggested Disposition: Receive and File; Approve
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21. Ice Harbor Marina Grant
City Manager recommending approval of a 28E Intergovernmental Agreement between
the Iowa Department of Natural Resources and the City of Dubuque for the $100,000
Boating Infrastructure Grant for the Ice Harbor Marina Project.
RESOLUTION Authorizing an Intergovernmental Agreement with the Iowa Department
of Natural Resources for a Boating Infrastructure Grant for transient boat docks at the
Port of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
22. Lease Amendment for "Dubuque by Carriage"
City Manager recommending approval of the Fifth Amendment to the lease agreement
with Carole Lindstrom of "Dubuque by Carriage."
Suggested Disposition: Receive and File; Approve
23. Dubuque Golf and Country Club
Communication from Richard Bugalski, General Manager of the Dubuque Golf and
Country Club, requesting permission to display fireworks on July 4, 2006 at
approximately 9:30 p.m.
Suggested Disposition: Receive and File; Approve
24. U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development
regarding the City's Community Development Block Grant Program.
Suggested Disposition: Receive and File; Refer to City Manager
25. Dubuque Yacht Basin Sublease Agreement
City Manager recommending approval of a sublease agreement between the Dubuque
Yacht Basin and Dubuque's American Lady, L.L.C. for office space and dock space for
Dubuque's American Lady, L.L.C. to operate dinner cruises on the Mississippi River.
Suggested Disposition: Receive and File; Approve
26. Legislative Correspondence
Communications to local legislators encouraging their opposition to HF 2321 regarding
the use of eminent domain by a municipality.
Communication to local legislators encouraging their opposition to HF 2794, a
Department of Revenue bill that includes language regarding annexation.
Suggested Disposition: Receive and File
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27. Business License Refund
Request of Asbury Amoco Foodshop for a refund for their cigarette license in the
amount of $25.00.
Suggested Disposition: Receive and File; Approve
28. Business Licenses
RESOLUTION Granting the issuance of a Class "B" Beer (14-Day Special Event)
Permit to Grand Opera House (Rotary Club); and Class "C" Beer Permit to Lien Oriental
American Food, 16th Street AutolTruck Plaza, Tobacco Outlet, Kwik Stop C-Stores and
Para Food Mart
RESOLUTION Granting the issuance of a Class "C" Liquor License (5-Day Special
Event) to Carlos O'Kelly's (Chili Cook-off); Class "A" (Club) Liquor License to Dubuque
Moose Lodge #365; Class "C" Beer/Liquor License to Sublime, DaVinci's, Whiskey
River, West Dubuque Tap, Hudson's Classic Grill, Loras College, Lot One LLC, Carlos
O'Kelly's (1-Day Outdoor Sale), and The Penalty Box; and Class "B" Wine Permit to
Oky Doky #8
Suggested Disposition: Adopt Resolutions
ITEM TO BE SET FOR PUBLIC HEARING
1. Fiscal Year 2006 Budget Amendment
City Manager recommending that a public hearing be set for May 1, 2006 to consider
the second amendment to the Fiscal Year 2006 budget.
RESOLUTION Setting the date for the public hearing on Amendment #2 to the Fiscal
Year 2006 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/1/06
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Housing Code Appeals Board (One unexpired three-year term through 1/11/08)
Applicant: David Young
Long Range Planning Advisory Commission (One unexpired three-year term through
7/1/08)
Applicant: Otto Krueger
TV Cable Regulatory Commission (One unexpired three-year term through 6/30/07)
Applicant: Kevin R. Stevens
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PUBLIC HEARINGS
SUSPEND THE RULES
1. Request to Rezone - 3219 Asbury Road
Proof of publication on notice of hearing to consider rezoning property located at 3219
Asbury Road from R-2c Two-Family Residential District, with conditions, to OS Office
Services District to permit a chiropractic office as requested by InJun Chong and Zoning
Advisory Commission recommending denial.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter property located at 3219 Asbury Road
from R-2c Two-Family Residential District, with conditions, to OS Office Service District
Suggested Disposition: Receive and File; Concur with DenialQ! Motion B; Motion
A (Super Majority Vote Necessary)
2. 2006 Asphalt Paving Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the 2006 Asphalt Paving Project and City Manager recommending
award of the contract to River City Paving, a Division of Mathy Construction Company,
in the amount of $1,010,696.46.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract for the 2006 Asphalt Paving Project
RESOLUTION Approving construction contract with River City Paving for the 2006
Asphalt Paving Project
Suggested Disposition: Receive and File; Adopt Resolutions
3. Port of Dubuque Parking Lot No.1
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the Port of Dubuque Parking Lot No. 1 Project and City Manager
recommending award of the contract to Portzen Construction, Inc., in the amount of
$449,989.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding construction contract for the Port of Dubuque - Parking Lot 1
Reconstruction and Landscaping Project
RESOLUTION Approving construction contract with Portzen Construction, Inc., for the
Port of Dubuque - Parking Lot 1 Reconstruction and Landscaping Project
Suggested Disposition: Receive and File; Adopt Resolutions
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REINSTATE THE RULES
ACTION ITEMS
1. Roger Kunde/North End Wrecking - Request to Rezone (First Reading on March
20, 2006; Second Reading April 3, 2006)
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 A
2. Kunkel, Bounds & Associates, Inc. - Application for Financial Assistance
City Manager recommending approval of the submission of an application for financial
assistance to the Iowa Department of Economic Development on behalf of Kunkel,
Bounds & Associates, Inc. to assist their relocation project to the Dubuque Technology
Park.
RESOLUTION Authorizing the filing of an Iowa Department of Economic Development
application for financial assistance on behalf of Kunkel, Bounds & Associates, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
3. Proposed Hunting Ordinance
Communication from Thomas Henschel, 995 June Drive, requesting reconsideration of
the proposed hunting ordinance for certain property owners within the City limits.
Suggested Disposition: Receive and File; Council
4. Eagle Valley Subdivision No.2
Zoning Advisory Commission recommending approval of the final plat of Eagle Valley
Subdivision NO.2 as requested by Buesing & Associates/Fondell Excavating, Inc.
RESOLUTION Approving the final plat of Lots 1 through 7 of Eagle Valley Subdivision
NO.2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
5. Key City Properties - Plat #3 - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Key City
Properties - Plat #3 as requested by Key City Properties, LLC.
RESOLUTION Approving the final plat of Key City Properties - Plat #3 in Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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6. Dubuque Industrial Center West 5th Addition - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Dubuque
Industrial Center West 5th Addition as requested by the City of Dubuque.
RESOLUTION Approving the final plat of Dubuque Industrial Center West 5th Addition in
the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
7. Timber-Hyrst Estates - Final Plat
City Manager recommending approval of the final plat of Timber-Hyrst Estates located
in the City of Dubuque, Iowa as requested by North Cascade Road Developers, LLC.
RESOLUTION Approving the final plat of Timber Hyrst Estates in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
8. Nowata Street Parking
City Manager recommending approval of the removal of the parking prohibition on the
west side of Nowata Street between Loras Boulevard and University Avenue.
ORDINANCE Amending Section 32-262(d) of the Code of Ordinances of the City of
Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by deleting
Nowata Street
Suggested Disposition: Receive and File; Motion B; Motion A
9. Unified Development Code
City Manager recommending approval of the issuance of a revised Request for
Proposals (RFP) for the Unified Development Code.
Suggested Disposition: Receive and File; Approve
10. Midwest Bluffland Ordinances
City Manager submitting examples of Midwest Bluffland Ordinances.
Suggested Disposition: Receive and File
11. NIMS Training Session
City Manager requesting that a training session on the National Incident Management
System (NIMS) be scheduled for June 12, 2006 beginning at 5:15 p.m.
Suggested Disposition: Receive and File; Council
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12. Library Renovation Project
City Manager recommending that a work session be scheduled for Monday, May 15,
2006 at 5:15 p.m. for a presentation on the Library renovation plans.
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.
CLOSED SESSION
Property Acquisition - Chapter 21.5 (1) (j) 2005 Code of Iowa
Jeanne F. Schneider
April 13, 2006
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