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5 1 06 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MAY 1, 2006 INVOCATION Father Thomas Rhomberg PROCLAMATIONS KDTH Day (May 4, 2006) Mental Health Month (May, 2006) Historic Preservation Month (May, 2006) Parents Who Host, Lose the Most, Don't be a Party to Underage Drinking Month (May, 2006) ~"'; m.""O',c "" ~ ~ EJ ~ EJ KDni Day Mental Health Month Historic Preservation Underage Drinking 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 ands Cultural Affairs Advisory Commission of 2/23; City Council of 4/17; Civil Service of 3/17; Environmental Stewardship Advisory Commission of 4/4; Housing Commission of 3/28; Zoning Advisory Commission of 4/5 Proof of publication of City Council Proceedings of 4/3 Suggested Disposition: Receive and File ~ ~ ~ ~ EJ ~ ~ EJ Arts and Cultural Affairs City Council Civil Service ESAC Housing Zoning Advisory 2. Notice of Claims/Suits Joseph Blatz for vehicle damage; Kristy Monahan, et ai, for vehicle damage; Colleen and George Smith for property damage; Joyce Thul for personal injury 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: Joseph L. Blatz for vehicle damage; Eugene Monahan for vehicle damage; Joyce Thul for personal injury City Attorney recommending denial of the claim of Leanne Horsfall for property damage and the claim of Kathy Stump for property damage. Suggested Disposition: Receive and File; Concur Iii Iii Clairrs - ICAP Clairrs - Denied 3. Residential Parking Permit District Request Communication from the residents of Vizaleea and Keymont Drive requesting a Residential Parking Permit District in that area. Suggested Disposition: Receive and File; Refer to City Manager Iii RPPD Petit,," 4. Family Self-Sufficiency / Homeownership Program Coordinators City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development (HUD) for funds to renew the City's current Family" Self-Sufficiency Program (FSS) Coordinator positiOn and to contract with Iowa State Extension for services to promote homeownership opportunities for Section 8 Program families. Suggested Disposition: Receive and File; Approve ~ ~ FSS - MVM Merro FSS - Staff Merro 2 5. Legislative Correspondence Communication to area legislators encouraging them to oppose HF 2351 regarding the use of eminent domain by a municipality. Communication to officials of the Dubuque Community School District and Holy Family Catholic School System alerting them of proposed state legislation that could have a significant, detrimental impact upon their schools and the community. Communication to area legislators encouraging their opposition to HF 2467 and SF 2361 which would end local franchising and contains no authority to require either wiring to or any free cable service for public buildings. Suggested Disposition: Receive and File ~ ~ E.J ~ HF 2351 , HF 2467 and SF 2361 - Schools HF 2467/ SF 2361 6. Teamsters Local Union No. 421 City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union. Suggested Disposition: Receive and File; Approve ~.. E.J ~b . ",,-' .--- ~ Teamsters - MVM Merro Teamsters - Staff Merro Teamsters - An-endn-ent 7. Notice of Intent to Request Release of Funds - Fiscal Year 2007 CDSG Programs City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (ODBG) program activities. RESOLUTION Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2007 (Program Year 2006) Suggested Disposition: Receive and File; Adopt Resolution ~ -~-'i - ~ ~ EJ CDBG - Staff Merro CDBG - Resolution CDBG - Exhibit A 3 8. Voluntary Annexation Request - Wendell Corey, Motor City LLC City Manager recommending that the request of Wendell Corey, Motor City LLC, to annex eighty acres to the City of Dubuque be referred to him to complete an annexation agreement. Suggested Disposition: Receive and File; Refer to City Manager ~ rJj Motor City - MVM Merro Motor City Request 9. Voluntary Annexation Request - John W. and Sally Jo Herrig City Manager recommending that the request of John W. and Sally Jo Herrig to annex 112 aces to the City of Dubuque be referred to him to complete an annexation agreement. Suggested Disposition: Receive and File; Refer to City Manager ~ o r1i Herrig - MVM Merro Herrig Annexation Request 10. Voluntary Annexation Request - Dean and Patricia Butler City Manager recommending that the request of Dean and Patricia Butler to annex eight acres of property to the City of Dubuque be referred to him to complete an annexation agreement. Suggested Disposition: Receive and File; Refer to City Manager ~ rta Butler - MVM Merro Butler Annexation Request 11. Pyatigorsk Park Construction Project City Manager recommending acceptance of the Pyatigorsk Park Construction Project as completed by Tricon General Construction in the final contract amount of $268,914.76. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 4 , ~ ~ ~ ~ Pyatigorsk - MVM Merro Pyatigorsk - Staff Merro Pyatigorsk - Resolutions 12. Iowa Department of Transportation Sidewalk Assessment City Manager recommending approval to pay the Iowa Department of Transportation's assessment for the Asbury Road Sidewalk Installation Project from City funds and that, in the future, assessment projects not be levied on property owned by the Iowa Department of Transportation where no building exists. Suggested Disposition: Receive and File; Approve 6@J ~ ~ lOOT - MVM Merro lOOT - Staff Merro 13. Urban Renewal Joint Agreement City Manager recommending approval of an Urban Renewal Joint Agreement with Dubuque County permitting the County to exercise urban renewal powers for the Namasco Company. RESOLUTION Approving an Urban Renewal Joint Agreement between the Dubuque County and the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ tit Narrasco - MVM Merro Narrasco - Staff Merro Urban Renewal Joint Agreerrent 14. Examining Board City Manager recommending approval of the appointment of Budget Director Dawn Lang to the Examining Board. Suggested Disposition: Receive and File; Approve ~.:. EJ fil Board - MVM Merro Board - Engelken Ltr 5 15. Dubuque Regional Humane Society Communication from the Dubuque Regional Humane Society in opposition to the proposed rezoning request of Dawne O'Meara, Alter Salvagerrschiggfrie Excavating for 190 North Crescent Ridge. Suggested Disposition: Receive and File rJl Hurrane Society Ur 16. Iowa League of Cities Communication from the Iowa League of Cities thanking the City for submitting a bid for the 2010 Annual Conference and Exhibit and advising that Coralville has been selected as the host for the 2010 Annual Conference and Exhibit. Suggested Disposition: Receive and File rJl Iowa league Ltr 17. Quarterly Investment Report City Manager transmitting the March 31, 2006 Quarterly Investment Report. Suggested Disposition: Receive and File Report - MVM Merro Report - Staff Merro Earnings SUrTIlilry Monthly Investrrent Schedule of CD's Schedu", of City Fds SUrTIlilry 18. 800 MHz Radios City Manager recommending approval of the purchase of two 800 MHz radios fOJ Assistant City Manager Cindy Steinhauser and Public Information Officer Randy Gehl. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ ~ lIJ ~ ~~' ""_:';f ._,..~. ~ Radios - MVM Memo 6 19. International City/County Management Association Communication from the International City/County Management Association (ICMA) advising that City Manager Michael Van Milligen has been elected as a Regional Vice President of ICMA. Suggested Disposition: Receive and File ~ leMA Ltr 20. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer License to Hy-Vee Food Store, Casey's General Store #2421, and Casey's General Store #2420 RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Shot Tower Inn, Catfish Charles, Easy Street, Olive Garden, Bartinis and Tott's Tap; Class "B" Wine Permit to Carroll's Wine Company; and a Class "B" Native Wine (WB) to Rainbo Oil Company for Kwik Stops at 2150 Twin Valley Drive, 4039 Pennsylvania, 2320 Highway 61,2335 University Avenue, 2255 Kerper Boulevard and 2390 Central Avenue Suggested Disposition: Adopt Resolutions ~ ~ ~ ~ Resolution # 1 Resolution #2 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING 1. Ham House Lease Agreement City Manager recommending that a public hearing be set for May 15, 2006 to consider a new lease for the Ham House with the Dubuque County Historical Society. RESOLUTION Fixing date of hearing on lease agreement Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/15/06 ~.,I., CJ ~ ~ rJi Ham House - MVM Merro Ham House - Staff Memo Ham House - Resolution Ham House Lease Agreerrent 7 2. Interstate Power Company (Alliant) Easement City Manager recommending that a public hearing be set for May 15, 2006 to consider approval of a 100 foot easement to Interstate Power Company (Alliant) in the Port of Dubuque. RESOLUTION Fixing the date for a meeting of the City Council of the City of Dubuque, Iowa on the execution of an easement relating thereto with Interstate Power and Light Company, an Iowa Corporation, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/15/06 {J ~ ~ 't::J ril fJ Ii: Easerrent - MVM Easerrent - Staff Memo Memo Easerrent - Resolution Alliant Ltr Electric Une Easerrent Partial Release of Easerrent #1 g ril Partial Release of Partiai Release of Easerrent #2 Easerrent #3 3. NCR Developers, Inc.lMartin McNamer - Request to Rezone /Improvements to North Cascade Road Setting a public hearing for June 5, 2006 to consider a request from NCR Developers, Inc.lMartin McNamer to rezone property located at south of North Cascade Road from County A1 AgriculturallR2 Single-Family Residential District to City R-3 Moderate Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque and Zoning Advisory Commission recommending approval of with the condition that the entire area be zoned to R-2. Zoning Advisory Commission urging the City Council to expedite roadway improvements to North Cascade Road and recommending that the improvements occur concurrently with the proposed residential development. City Manager recommending that the North Cascade Road project be considered for future funding opportunities with no changes to the Five Year Street Program. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of North Cascade Road from Dubuque County A-1 Agricultural and R-2 Single-Family Residential District to City of Dubuque R-3 Moderate Density Multi-Family Residential District concurrent with annexation Suggested Disposition: Receive and File; Public Hearing 6/5/06 8 ~ ~ ~ Iii1;1 l::J Ei ~ "L.::..J NCR Rezoning - ZAC Ltr MeNarrer- Application MeNarrer - Vicinity Map MeNarrer - Staff Report NCR Rezoning - Map NCR Rezoning - Ordinance ~ ~ "L.::..J ~ l::J g ~ ~ N Cascade Rd - ZAC Ltr N Cascade Rd - MVM N Cascade Rd - Staff N Cascade Rd - Map Five Year Street Merro Merro Program 4. Gary and Mary Beth Valentine - Request to Rezone Setting a public hearing for June 5, 2006 to consider a request from Gary and Mary Beth Valentine to rezone property located at the southeast corner to North Cascade Road and Edval Lane from County A1 Agricultural/R2 Single-Family Residential District to City R-3 Moderate Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque and Zoning Advisory Commission recommending approval with the condition that the property be rezoned to R-2 Two-Family Residential. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southeast corner of North Cascade Road and Edval Lane from Dubuque County A-1 Agricultural and R-2 Single-Family Residential District to City of Dubuque Moderate Density Multi-Family Residential District concurrent with annexation Suggested Disposition: Receive and File; Public Hearing 6/5/06 {j ~ ~ ~ EJ ~ ~ EJ Valentine Rezoning - ZAC Ltr Valentine - Application Valentine - VICinity Valentine. Staff Valentine Rezoning - Valentine Rezoning - Map Report Map Ordinance 5. Thomas and Sheri Henschel - Request to Rezone Setting a public hearing for June 5, 2006 to consider a request from Thomas and Sheri Henschel to rezone property located west of Miller Road in Dubuque County from County R2 Single-Family Residential District and City AG Agricultural District to City R-2 Two-Family Residential District in conjunction with annexation to the City of Dubuque and the 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 west of Miller Road from Dubuque County R2 Single-Family Residential District and City of Dubuque AG Agricultural District to City of Dubuque R-2 Two-Family Residential District, concurrent with annexation Suggested Disposition: Receive and File; Public Hearing 6/5/06 ~ ~ ~ ~ EJ ~ ~ Henschel Rezoning - ZAC Ltr Henschel- Application Henschel- Vicinity Map Hensehel- Staff Report Henschel - Maps Henschel Rezoning - Ordinance 9 6. NCR Developers, Inc.lMartin McNamer - Request for Voluntary Annexation City Manager recommending that a public hearing be set for June 5, 2006 to consider a request from NCR Developers, Inc.lMartin McNamer to voluntarily annex 181.59 acres to the City of Dubuque contingent on approval of the development annexation agreement. Suggested Disposition: Receive and File; Public Hearing 6/5/06 ~ ~j, _,"",c'. .. ~ 5 rril ~ NCR Annexation - NCR Annexation - NCR Annexation - MVM Merro Staff Merro Staff Report McNarrer - Annexation Property Annexation Urban Application Owners Map Area ~ GIS Map 7. Gary and Mary Beth Valentine - Request for Voluntary Annexation City Manager recommending that a public hearing be set for June 5, 2006 to consider a request from Gary and Mary Beth Valentine to voluntarily annex 58.62 acres to the City of Dubuque contingent on approval of the development annexation agreement. Suggested Disposition: Receive and File; Public Hearing 6/5/06 ~ ~ ~ fi!fi fit Valentine Annexation Valentine Annexation Valentine Annexation Valentine Annexation Valentine Annexation - MVM Merro - Staff Merro - Staff Report Request - Maps 8. Thomas and Sheri Henschel - Request for Voluntary Annexation City Manager recommending that a public hearing be set for June 5, 2006 to consider a request from Thomas and Sheri Henschel to voluntarily annex 39.08 acres to the City of Dubuque contingent on approval of the development annexation agreement. Suggested Disposition: Receive and File; Public Hearing 6/5/06 ~ ~ ~ rii ~ Henschel Annexation Henschel Annexation Henschel Annexation Henschel Annexation Henschel Annexation - MVM Merro - Staff Merro - Staff Report - Application - Maps 9. University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project City Manager recommending initiation of the public bidding process for the University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project and that a public hearing be set for June 5, 2006 to consider adoption of the plans and specifications. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications 10 RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/5/06 6[J ~ ~ ~ Cu^,ert - MVM Merro Culvert - MVMMerro Culvert - Resolutions BOARDS/COMMISSIONS Appointments to 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 ~ ~ g, ~ ~ Bd and Conm List Overview Sheet Hsg Code Appeals Bd LRPAC Application IV Cable Application App PUBLIC HEARINGS SUSPEND THE RULES 1. Fiscal Year 2006 Budget Amendment Proof of publication on notice of hearing to consider the second amendment to the Fiscal Year 2006 budget and City Manager recommending approval. RESOLUTION Amending the Fiscal Year 2006 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ Budget - MVM Merro Budget - State Form Material from April 17, 2006 City Council Meeting ~ ~ IiVD'l ~ ~ ~ Budget - MVM Merro Budget - Staff Merro Budget - Resolution Budget - State Form Budget Arrendrrent Detail 11 2. A.Y. McDonald Park Development - Phase II Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the A.Y. McDonald Park Development - Phase II Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $849,653.90. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Portzen Construction, Inc. Suggested Disposition: Receive and File; Adopt Resolutions ~ ~.,/ .~\.'.. -~.. ~ Park - MVM Merro Park - Staff Merro Park - Resolutions Material from March 20, 2006 City Council Meeting ~ ~ L.::U ~.\. ....'"'~.. ~ Park - MVM Merro Park - Staff Merro Park - Resolutions REINSTATE THE RULES ACTION ITEMS 1. Request to Rezone - 3219 Asbury Road (First Reading on 4/17/06) 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 Denial or Motion B; Motion A (Super Majority Vote Necessary) ~ rlJ ~ ~ ~ 3219 Asbury - ZAC Chong Application Chong - Staff Report Chong - Ordinance Suggested Motion Ltr 2. Proposed Hunting Ordinance (Third Reading) City Manager submitting the revised ordinance to allow hunting and target practice on agricultural property of more than ten acres within the City limits as approved by the City Manager on a case-by-case basis. Request of David S. Hartig, Jr. and his legal counsel to address the City Council regarding the proposed hunting ordinance. 12 Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ IiifuJ1 't2J fit Hunting - MVM MelTO Hunting Ordinance Hunting Ordinance - Redlined Hartig Request 3. Ethanol and Biodiesel Plants City Manager recommending approval of implementing a moratorium on the construction of ethanol and biodiesel plants within the City limits of Dubuque for six months. ORDINANCE Amending the City of Dubuque Code of Ordinances by adopting a new Section 11-58.6 Prohibiting the Issuance of Building Permits for the Construction of Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants and Biodiesel Processing Facilities Suggested Disposition: Receive and File; Motion B; Motion A IiiiR1 L:iJ ~ EJ ~ ~ L::J Ethanol- MVM MelTO Ethanol- Ordinance Industrial Zones. Map Suggested Motion 4. Iowa Sister States Communication from Cyndi Chen, President of the Board of Directors of Iowa Sister States, reporting on activities of the organization and requesting support. Suggested Disposition: Receive and File ~ Iowa Sister States Ltr 5. Contracts and Leases City Manager recommending approval of a resolution authorizing the City Manager to execute contracts and leases on behalf of the City. RESOLUTION Authorizing the City Manager to execute contracts and leases on behalf of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ IiVi3'l EJ Contracts - MVM MelTO Contracts - Resolution 13 6. Sister City Committee Communication from Jeffrey L. Walters regarding City Council representation on the Sister City Committee. Suggested Disposition: Receive and File; Council e SisterCityUr 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 April 27, 2006 14