5 15 06 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:15 P.M. - PRESENTATION ON LIBRARY RENOVATION PLANS
6:30 P.M. - CITY COUNCIL MEETING
LIBRARY AUDITORIUM
MONDAY, MAY 15, 2006
INVOCATION
Father Andrew Eagan, Dubuque Rescue Mission
PROCLAMA nONS
Nursing Home Month (May, 2006)
Bike Safety Month (May, 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 4/24; Cable TV Regulatory Commission of 3/8; City Council of
5/1; Civil Service Commission of 4/20; Environmental Stewardship Advisory
Commission of 5/2; Historic Preservation Commission of 4/20; Human Rights
Commission of 4/1 0; Investment Oversight Advisory Commission of 4/26; Park and
Recreation Commission of 3/14; Zoning Advisory Commission of 5/3
Library Board of Trustees update from the meeting of April 27, 2006
Investment Oversight Advisory Commission 52nd Quarterly Report
Proofs of publication of City Council Proceedings of April 17 , 2006 and List of Claims
and Summary of Revenues fro Month Ending March 31,2006
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
June Link, et al v. City of Dubuque, et al; James and Genevieve Givens for property
damage; David Goetzinger for personal injury; Stacy Jungblut for personal injury; Mark
Kressig v. City of Dubuque Ambulance Service; George and Colleen Smith for property
damage; Washington Mutual Bank, FA v. City of Dubuque, et al
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: George W.
Smith for property damage; Stacy Jungblut for personal injury; James T. Givens for
property damage; David Goetzinger for personal injury
Suggested Disposition: Receive and File; Concur
3. Worker's Compensation Claim
City Manager recommending approval of the settlement of the worker's compensation
claim of Margaret Schemmel.
Suggested Disposition: Receive and File; Approve
4. Purchase of Property
City Manager recommending approval of the purchase of the Gary Anderson property at
655 Gillespie Street as part of the acquisition program associated with expansion of the
Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Approve
5. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that The Security
Building, 800 Main Street, will be considered by the State National Register
Nominations Review Committee for nomination to the National Register of Historic
Places on June 9, 2006.
Suggested Disposition: Receive and File
6. National Mississippi River Museum and Aquarium - Great River Road Interpretive
Signage Project
City Manager recommending acceptance of the National Mississippi River Museum and
Aquarium - Great River Road Interpretive Signage Project as completed by Lange Sign
Group in the final contract amount of $23,010.
RESOLUTION Accepting improvement
RESOLUTION Final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
2
7. Jeld-Wen -Irrevocable License
City Manager recommending approval of an Irrevocable License for Jeld-Wen Fiber
Products to construct a dock loading area on Jackson Street and an air-makeup unit on
Washington Street, between ih and 8th Streets.
Suggested Disposition: Receive and File; Approve
8. Fiscal Year 2007 Wage Plan and Compensation Package for Non-Bargaining Unit
Employees
City Manager recommending approval of the Fiscal Year 2007 wage plan and
compensation package for non-bargaining unit employees.
RESOLUTION Approving the wage plan and compensation package for non-bargaining
unit employees for Fiscal Year 2007
Suggested Disposition: Receive and File; Adopt Resolution
9. 409 Burch Street (Tabled on February 6, 2006)
City Manager submitting an update on the rehabilitation of 409 Burch Street and
recommending that this item be tabled to June 19, 2006.
Suggested Disposition: Remove from Table; Receive and File; Table to 6/19/06
10. HUD Continuum of Care
City Manager recommending approval of the submittal of a renewal application to the
U.S. Department of Housing and Urban Development (HUD) for renewal funds for
agencies administering Continuum of Care services to homeless persons.
Suggested Disposition: Receive and File; Approve
11. HUD Lead-Based Paint Hazard Control Grant
City Manager recommending approval of an application to the US Department of
Housing and Urban Development for $2,763,117 for continuation of the Lead-Based
Paint Hazard Prevention Program.
Suggested Disposition: Receive and File; Approve
12. Notice of Intent to Request Release of Funds - Step by Step Program
City Manager recommending approval of the publication of a combined Notice of
Finding of No Significant Impact on the Environment and Notice of Intent to Request
Release of Funds for the Step by Step Project.
RESOLUTION Authorizing publication of a concurrent Notice of Finding of No
Significant Impact on the Environment and Notice of Intent to Request Release of
Funds for the Step by Step Inc. Project
Suggested Disposition: Receive and File; Adopt Resolution
3
13. A.Y. McDonald Park, Phase I Project
City Manager recommending acceptance of the A.Y. McDonald Park, Phase I Project as
completed by Portzen Construction, Inc., in the final contract amount of $667,008.00.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
14. MCC Iowa LLC (Mediacom) - 2005 Annual Report
MCC Iowa LLC (Mediacom) submitting the 2005 Annual Report.
Suggested Disposition: Receive and File
15. PEG Access Capital Grant Expenditure
City Manager recommending approval to receive a $14,000 Cable Grant for Access
Equipment and Facilities from the Cable Community Teleprogramming Commission to
be used for purchasing a new message information system for CityChannel 8.
Suggested Disposition: Receive and File; Approve
16. 2006 Justice Assistance Grant
City Manager recommending approval and acceptance of the 2006 Edward Byrne
Memorial Justice Assistance Grant (JAG) in the amount of $29,008 to provide funds for
overtime for illegal drug investigations and special enforcement teams.
Suggested Disposition: Receive and File; Approve
17. Technology Transfer Program
City Manager recommending approval of a 2006 Technology Transfer Program grant
application for the purchase of a pre-designated Computer Forensics Tool Kit.
Suggested Disposition: Receive and File; Approve
18. Iowa Health Systems Child Safety Program
City Manager recommending approval of the City participating in a child safety program
sponsored by the Iowa Health Systems (Finley Hospital is the local affiliate) and
endorsed by the Iowa Department of Public Safety.
Suggested Disposition: Receive and File; Approve
19. ADC Properties - Certificate of Completion
City Manager recommending approval of the issuance of a Certificate of Completion for
ADC Properties, L.C. (Advanced Data-Comm).
Suggested Disposition: Receive and File; Approve
4
20. Banner Requests
City Manager recommending approval of the design for America's River Corporation
and Dubuque Main Street, Ltd. banners that will be hung on the Town Clock.
Suggested Disposition: Receive and File; Approve
21. Gateway Landscaping Project
City Manager recommending acceptance of the Gateway Landscaping Project as
completed by Portzen Construction, Inc., in the final contract amount of $764,002.25.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt resolutions
22. Pedestrian Wayfinding Signs Consultant
City Manager recommending approval of the selection of Mission Creative to provide
graphic design services for a directional Pedestrian Wayfinding Sign Program for
persons traveling throughout Downtown Dubuque, including the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
23. Request to Vacate
Communication from Arnold J. Van Etten, representing James and Shirley Christensen,
requesting that a portion of the plat of "North Dubuque" be vacated.
Suggested Disposition: Receive and File; Refer to City Manager
24. Historic Preservation Awards Ceremony
Communication from the Historic preservation Commission inviting the City Council to
attend the Ken Kringle Historic Preservation Awards Ceremony on May 18, 2006 at the
Mandolin Inn.
Suggested Disposition: Receive and File
25. Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising of the
successful completion of the Community Economic Betterment Account (CEBA)
Program contract with Cottingham/Butler Insurance Services.
Suggested Disposition: Receive and File
5
26. Consultation on Voluntary Annexation Requests
Communication to Wayne Demmer, Dubuque County Board of Supervisors, regarding
the voluntary annexation requests of Gary and Mary Beth Valentine, North Cascade
Road (NCR) Developers, and Tom and Sheri Henschel.
Suggested Disposition: Receive and File; Approve
27. Improvement Contracts / Performance, Payment and Maintenance Bonds
-- Former Water Department and Stealth Racing Building - Demolition and Site
Clearance Project
-- 2006 Asphalt Paving Program Project
-- Port of Dubuque Parking Lot No.1 Reconstruction and Landscaping Project
Suggested Disposition: Receive and File; Approve
28. Business Licenses
RESOLUTION Granting the issuance of one new cigarette license to Ron's Discount
Smokes/Beverage Center
RESOLUTION Granting the issuance of a Class "B" Beer (5 Day Special Event) to
Catfish Festival and Dubuque Jaycees; Class "B" Beer Permit to Pizza Ranch; and
Class "C" Beer Permit to Oky Doky #1, Ron's Discount Smokes, Oky Doky #2 and
McCann's Service
RESOLUTION Granting the issuance of a Class "A" Liquor License to Dubuque Golf
and Country Club; Class "C" Beer/Liquor License to Busted Lift, Houlihans/Hilton
Garden Inn, Breaktime Bar and Grill, Bricktown/Stonewall Lounge, and Denny's Lux
Club; and Class "B" Wine Permit to Oky Doky #2
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1. Hwy 151 & 61 Development, LLC Development Agreement
City Manager recommending that a public hearing be set for June 5, 2006 to consider
approval of a development agreement with Hwy 151 & 61 Development, LLC that
provides for public financial assistance and other considerations for the redevelopment
of the former Smithfield property on 16th Street.
RESOLUTION Fixing the date for a meeting of the City Council of the City of Dubuque,
Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations
and the execution of a Development Agreement relating thereto with Hwy 151 & 61
Development, LLC, and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Approve; Public Hearing 6/5/06
6
2. Wendell Corey, Motor City LLC - Request to Rezone
Setting a public hearing for June 19, 2006 to consider a request from Wendell Corey,
Motor City LLC to rezone property located north of Asbury Plaza Shopping Center in
Dubuque County from County AG Agricultural District to City PUD Planned Unit
Development with a PC Planned Commercial designation in conjunction with
annexation to the City of Dubuque 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 north of
Asbury Plaza Shopping Center from County AG Agricultural District to City PUD
Planned Unit Development with a PC Planned Commercial designation in conjunction
with annexation
Suggested Disposition: Receive and File; Public Hearing 6/19/06
3. John and Sally Jo Herrig - Request to Rezone
Setting a public hearing for June 19,2006 to consider a request from John and Sally Jo
Herrig to rezone property located south of Derby Grange Road in Dubuque County from
County A1 Agricultural to City AG Agricultural District, R-3 Moderate Density Multi-
Family Residential District and C-3 General Commercial District in conjunction with
annexation to the City of Dubuque and Zoning Advisory Commission recommending
approval with conditions and 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 south of
Derby Grange Road from County A1 Agricultural to City AG Agricultural District, R-3
Moderate Density Multi-Family Residential District and C-3 General Commercial District
in conjunction with annexation to the City of Dubuque
Suggested Disposition: Receive and File; Public Hearing 6/19/06
4. Dean and Patricia Butler - Request to Rezone
Setting a public hearing for June 19, 2006 to consider a request from Dean and Patricia
Butler to rezone property located south of Derby Grange Road in Dubuque County from
County A 1 Agricultural District to City R-3 Moderate Density Multi-Family Residential
District in conjunction with annexation to the City of Dubuque and the Zoning Advisory
Commission recommending approval with the condition that the property is rezoned R-2
Two-Family Residential District.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located south of
Derby Grange Road in Dubuque County from County A1 Agricultural District to City R-3
Moderate Density Multi-Family Residential District in conjunction with annexation to the
City of Dubuque
Suggested Disposition: Receive and File; Public Hearing 6/19/06
7
5. Wendell Corey, Motor City LLC - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 19, 2006 to consider
a request from Wendell Corey, Motor City LLC to voluntarily annex to the City of
Dubuque contingent on approval of the zoning and the annexation agreement.
Suggested Disposition: Receive and File; Public Hearing 6/19/06
6. John and Sally Jo Herrig - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 19, 2006 to consider
a request from John and Sally Jo Herrig to voluntarily annex to the City of Dubuque
contingent on approval of the zoning and the annexation agreement.
Suggested Disposition: Receive and File; Public Hearing 6/19/06
7. Dean and Patricia Butler - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 19, 2006 to consider
a request from Dean and Patricia Butler to voluntarily annex to the City of Dubuque
contingent on approval of the zoning and the annexation agreement.
Suggested Disposition: Receive and File; Public Hearing 6/19/06
8. Fifth Street Reconstruction - Alpine to Delhi Project
City Manager recommending initiation of the public bidding process for the Fifth Street
Reconstruction - Alpine to Delhi Project and that a public hearing to consider the plans
and specifications be set for June 5, 2006
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
RESOLUTION Of Necessity
RESOLUTION Fixing date of hearing on Resolution of Necessity
RESOLUTION Approving preliminary schedule of assessments
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/5/06
9. Five Flags Arena Fall Protection Project
City Manager recommending initiation of the public bidding process for the Five Flags
Arena Fall Protection Project and that a public hearing to consider the plans and
specifications be set for June 19, 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
6/19/06
8
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Civil Service Commission (One four-year term through 4/6/10 - term of Kluesner)
Applicant: Loras Kluesner
PUBLIC HEARINGS
SUSPEND THE RULES
1. Request to Rezone - Alter Scrap ProcessinglTschiggfrie Excavating Company
Proof of publication on notice of hearing to consider rezoning property located at 190
North Crescent Ridge from CS Commercial Service and Wholesale District and C-3
General Commercial District to PI Planning Industrial District as requested by Alter
Scrap ProcessinglTschiggfrie Excavating Company and Zoning Advisory Commission
recommending approval.
City Manager response to the concerns raised in the communication from the Humane
Society which was referred to staff by the City Council at the May 1, 2006 meeting.
Communication from Stephen C. Krumpe, representing Medical Associates Clinic and
Medical Associates Realty, in opposition to the proposed rezoning and requesting that
he be allowed fifteen minutes to address the Council.
Communication from Jeffrey L. Gonner, Medical Associates Chief Financial Officer,
submitting information in opposition to the proposed rezoning.
Communication from the Humane Society of Scott County in support of the proposed
rezoning for Alter Scrap ProcessinglTschiggfrie Excavating Company.
Communication from Stephen C. Krumpe submitting protest letters signed by a majority
of the owners of property within 200 feet of 190 North Crescent Ridge.
Communication from the Dubuque Regional Humane Society in opposition to the
proposed rezoning request of Dawne O'Meara, Alter SalvagelTschiggfrie Excavating for
190 North Crescent Ridge (presented at May 1, 2006 City Council meeting).
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 190 North
Crescent Ridge from CS Commercial Service and Wholesale District and C-3 General
Commercial District to PI Planned Industrial District
Suggested Disposition: Receive and File; Motion B; Motion A
9
2. Request to Rezone - Thomas Zalaznik
Proof of publication on notice of hearing to consider rezoning property located north of
Crescent Ridge Road from AG Agricultural District to CS Commercial Services and
Wholesale District as requested by Thomas and Valorie Zalaznik/Edward and Valorie
Zalaznik and Zoning Advisory Commission recommending denial.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying property located north of Crescent Ridge Road
from AG Agricultural District to CS Commercial Services and Wholesale District
Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority
Vote Necessary)
3. Request to Rezone - 605 Peru Road
Proof of publication on notice of hearing to consider rezoning property located at 605
Peru Road from R-1 Single-Family Residential District to LI Light Industrial District as
requested by Robert Clauer and Zoning Advisory Commission recommending approval,
with conditions.
ORDINANCE Amending Appendix A (he Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying property located at 605 Peru Road from R-1
Single-Family Residential District to LI Light Industrial District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
4. Request to Rezone - Uelner Precision Tool and Die
Proof of publication on notice of hearing to consider amending the Dubuque Industrial
Center Planned Unit Development (PUD) District to modify maximum lot coverage and
setbacks along street frontages as requested by Uelner Precision Tool and Die/Greater
Dubuque Development Corporation and Zoning Advisory Commission recommending
approval.
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
Dubuque Industrial Center Phases I And II located at the southwest corner of Highway
32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 69-98,
Ordinance 5-99, Ordinance 40-00 and Ordinance 18-02
Suggested Disposition: Receive and File; Motion B; Motion A
10
5. Request to Rezone - Larry and Del Miller
Proof of publication on notice of hearing to consider rezoning property located at the
corner of Bies Drive and Sylvan Drive from R-4 Multi-Family Residential District to OS
Office Services District as requested by Larry and Del Miller 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 the
intersection of Sylvan and Bies Drives from R-4 Multi-Family Residential District to OS
Office Service District
Suggested Disposition: Receive and File; Motion B; Motion A
6. Ham House Lease Agreement
Proof of publication on notice of hearing to consider a new lease for the Ham House
with the Dubuque County Historical Society and City Manager recommending approval.
RESOLUTION Disposing of interest in real property by lease agreement to the
Dubuque County Historical Society
Suggested Disposition: Receive and File; Adopt Resolution
7. Interstate Power Company (Alii ant) Easement
Proof of publication on notice of hearing to consider approval of a 100 foot easement to
Interstate Power Company (Alliant) in the Port of Dubuque and City Manager
recommending approval.
RESOLUTION Authorization to dispose of an interest in real property by easement to
Interstate Power and Light Company
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
11
ACTION ITEMS
1. Dubuque Main Street, Ltd.
Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly report.
Suggested Disposition: Receive and File
2. 2006 - 2007 Deer Management Plan
City Manager submitting the results of this year's Urban Deer Management Program
and recommending approval of the revised plan for the 2006 - 2007 hunting season
including that hunting on parcels of less than three acres would be approved on a case-
by-case basis.
Communication from the Environmental Stewardship Advisory Commission
recommending continuation of the Urban Deer Management Plan for 2006 - 2007 and
further recommending that hunting on parcels of less than three acres not require
approval on a case-by-case basis.
Suggested Disposition: Receive and File; Council
3. Arts and Cultural Affairs Advisory Commission
Arts and Cultural Affairs Advisory Commission recommending approval of Fiscal Year
2007 Arts and Culture Operating Support funding requests and authorize the City
Manager to sign the funding agreements.
Suggested Disposition: Receive and File; Approve
4. Cable Television Franchise - Amendment for I.Net Construction
City Manager recommending approval of some changes to the cable franchise related
to the I-Net that would benefit the City and Mediacom.
Suggested Disposition: Receive and File; Approve
5. Iowa Department of Economic Development
Communications from the Iowa Department of Economic Development advising that
McGraw-Hili and Kunkel, Bounds and Associates have been awarded financial
assistance for their projects in Dubuque.
Suggested Disposition: Receive and File
6. West 11th Street Historic District
City Manager recommending approval of a waiver of the building permit moratorium
section of the Code of Ordinances under certain conditions and adoption of a resolution
granting a waiver for all building permits in the portion of the West 11th Street Historic
Preservation District subject to the proposed R-2 rezoning.
ORDINANCE Amending City of Dubuque Code of Ordinances Chapter 11, Building
Regulations, by amending Section 11-3 Permit Issuance Prohibited During
12
Consideration of a Zoning Reclassification or a Text Amendment to the Zoning or
Subdivision Ordinances by providing for waivers under certain conditions
RESOLUTION Providing for a waiver of City of Dubuque Code of Ordinances Chapter
11 Building Regulations, Section 11-3 Permit Issuance Prohibited During Consideration
of a Zoning Reclassification or a Text Amendment to the Zoning or Subdivision
Ordinances, by providing for issuance of building permits in the West 11 th Street Historic
Preservation District rezoning area
Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution
7. Grandview Gallop
City Manager submitting an application from the Mississippi Valley Running Association
to hold a June 17, 2006 four mile run/walk that includes a partial closure of Grandview
Avenue for City Council review and direction.
Suggested Disposition: Receive and File; Approve
8. City of Dubuque Code of Ordinance Amendment
City Manager recommending approval of an amendment to the Code of Ordinances
Section 3-1 to provide that signs, advertising, displays or other materials on public
property in violation of the City Code be destroyed upon removal instead of being stored
indefinitely.
ORDINANCE Amending the City of Dubuque Code of Ordinances Section 3-1 Display
of Advertising Material
Suggested Disposition: Receive and File; Motion B; Motion A
9. Region 1 Workforce Investment Board
Communication from Wendy Mihm-Herold, Region 1 Workforce Manager, requesting
that the City submit two nominations for appointment of one representative to the
Region 1 Workforce Investment Board.
Suggested Disposition: Receive and File; Council
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
May 11, 2006
13