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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