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6 5 06 Skeleton Sheet . . . CITY COUNCIL REGULAR SESSION, JUNE 5, 2006 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM PRESENT: MAYOR PRO,TEM MICJLSKI, COUNCIL MEMBER/BRAIG, CLI~, CONr;oRS, JOfJES, L Y~CH . CITY MANAGER VA~MILLlGEN, CITY ATTORNEY;(.INDAHL ABSENT: MAYOR BUOL Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Bishop John Tallent, Church of Jesus Christ of Latter Day Saints PROCLAMATIONS: Apples for Students ~>:;; /.1~ 1:) .~ United States Army Week ~~3--/.'-----' ~b"<-;;. (}) -_..../ I!U ,t' ~15 " jt,t) ;Ii ,P{Jj, 1 ILl iJI . CONSENT ITEMS !Wes Nays , Jones / Lynch / ,@'Michalski / 14 Braig .e..M //' . Cline (!) Connors 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 4/25; City Council of 5/15; Electrical Code Board of 5/22; Historic Preservation Commission of 5/18; Housing Commission of 4/25; Long Range Planning Advisory Commission of 5/17; Transit Board of Trustees of 5/11 ; Proof of publication of City Council of City Council Proceedings of 5/1 .2. Suggested Disposition: Receive and File Notice of Claims/Suits Sarah Hume for vehicle damage; McDermott Excavating for excavation expenses; Suggested Disposition: Receive and File; Refer to City Attorney Request of Leanne M, Horsfall for reconsideration of her claim for property damage, City Attorney recommending settlement of the claim of Sarah Hume for vehicle damage and directing the Finance Department to issue payment Suggested Disposition: Receive and File; Concur; Finance to Issue Payment . l)i) Y1 () /1; r 11/ {)J ~ I q ,) '/(11 2 Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors . 3. Request to Vacate and Purchase Communication from Brendan T. Quann, representing Dr. and Mrs. R. Scott Cairns, requesting to purchase two City-owned lots adjacent to their property at 850 Mt. Carmel Road. Suggested Disposition: Receive and File; Refer to City Manager 4. Citizen Communication Communication from Deanne Brennan, 658 Chestnut Street, regarding mini-bus transportation issues. 6. Suggested Disposition: Receive and File; Refer to City Manager 5. Downtown Master Plan - Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals relating to implementation of the Downtown Master Plan. Suggested Disposition: Receive and File; Approve Legislative Correspondence Communication to Congressman Jim Nussle requesting his opposition to the Communications Opportunity, Promotion, and Enhancement Act (COPE) of 2006. . Suggested Disposition: Receive and File . 3 e 7. 8. 0) ~/ e 10. e Dubuque Professional Firefighters' Association - Collective Bargaining Agreement City Manager recommending approval of the collective bargaining agreement between the City and the Dubuque Professional Firefighters' Association. RESOLUTION t~g Accepting the agreement between the City of Dubuque, Iowa and the Dubuque Professional Firefighters' Association, Local #353, and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution Amendment to Collective Bargaining Agreement City Manager recommending approval of an amendment to the collective bargaining agreement between the City and Teamsters Local Union No. 421 to provide for a work week that consists of ten hours per day and four days per week for the Airport Mechanic. Suggested Disposition: Receive and File; Approve GFOA Certificate of Achievement City Manager advising that the City has received the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the eighteenth consecutive year. Suggested Disposition: Receive and Fil{ C',;7!rA/./ '< Sanitary Sewer Master Plan City Manager recommending approval of the selection of MSA Professional Services, Inc. to providing engineering services for the Sanitary Sewer Master Plan. -"_.. Suggested Disposition: Receive and File; Approve r/yes Nays c / ~Jones / . /1 ynch / Michalski / Braig / J .suet' / I Cline / () Connors ~1 4 .11. Acceptance of Quit Claim Deed City Manager recommending approval of the acceptance of a Quit Claim Deed associated with the Railroad Real Estate Property Acquisition Agreement with the . ~ Chicago, Central and Pacific Railroad for the purpose of completing public 1; Ii improvements for the Bell Street Extension. / [if () RESOLUTION ~ Y Accepting a conveyance of property (Lot 1 of.,1Y Riverwalk Seventh Addition) in the City of Dubuque ;,r Suggested Disposition: Receive and File; Adopt Resolution vv'/ /1 ,~Jf A.Y. McDonald Park _ Phase II Construction f r City Manager recommending approval of the Professional Services Agreement with IIW Engineers to supervise construction and do the required reporting to the Iowa Department of Transportation for the A.Y. McDonald Park - Phase II Project. Suggested Disposition: Receive and File; Approve 13. Five Flags Agreement with Dubuque Hockey, Inc. City Manager recommending approval of the license agreement with Dubuque Hockey, Inc. (Dubuque Thunderbirds) for the 2006 - 2007 hockey season. 12. . Suggested Disposition: Receive and File; Approve 14. Non-Appropriation Language City Manager advising that City staff is not negotiating non-appropriation language into development agreements at this time. Suggested Disposition: Receive and File . Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors 5 . 15. . . Suggested Disposition: Receive and File; Approve Preserve America Grant City Manager recommending approval of the submittal of a Preserve America Grant application for the Dubuque History Trail. RESOLUTION 3/ () Providing for an application to the National Park Service for Preserve America Funds for Dubuque History Trail. Suggested Disposition: Receive and File; Adopt Resolution 16. National Register Nomination - Security Building, 800 Main Street Historic Preservation Commission recommending the nomination of the Security Building, 800 Main Street, to the National Register of Historic Places. , A~" If-/ Suggested Disposition: Receive and FiI'7 ///H ,~-(/ C cYZ//,.{ - 17. Request for Demolition Permit Historic Preservation Commission recommending approval of the request of Immanuel Congregational United Church of Christ to demolish a residence at 1737 Jackson Street. ' 18. City of Peosta land Use Plan Long Range Planning Advisory Commission submitting the City of Peosta's 2005 Land Use Plan and the latest draft 2030 Future Land Use Map for the City of Dubuque.. Suggested Disposition: Receive and File B National Institute of Health Resuscitation Outcomes Consortium City Manager recommending approval to file for a Federalwide Assurance number ' )1/' necessary for the City's participation in a research project of the National Institutes of (If ) Health Resuscitation Outcomes Consortium. 1/'/ . ~ Suggested Disposition: Receive and File; Approve 0{ )1/ , AYe'fj Nays '/ (!J Jones / lynch Michalski / Braig Sttot / I5Cline / [?connors 6 1 ~) ~ \D . I~,,~:~' y u \ i~ ~Il ~v \' r ~ ~' ~. \r\ ~~ , l ~t \J ,J ~r "l' At~\ \,\ V" f P l' ' ~ I I \~ V . I \,1} l if ~ ,'~ \ \ iF \i ~)" If" Lf1f o . . .20. TV Cable Community Teleprogramming Commission Communication from Maria Araeipour advising that she will not be applying for reappointment to the TV Cable Community Teleprogramming Commission. Suggested Disposition: Receive and File 21. Residential Parking Permit District Petition Communication from the residents ofVizaleea and Keymont Drive requesting a Residential Parking Permit District in that area. Suggested Disposition: Receive and File; Refer to City Manager . 22. Dubuque Industrial Center West City Manager recommending approval of an Amended and Restated Declaration of Covenants for the Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve Junk and Salvage Yards Response to an inquiry from Ed Tschiggfrie concerning whether a junk and salvage yard operation would be permitted in the Julien Dubuque Drive Planned Unit Development District. 23. Suggested Disposition: Receive and File 24. Worker's Compensation Claim City Manager recommending approval of the settlement of the worker's compelJsatioy claim of Brian Kohn. /f; . /; 1 Suggested Disposition: Receive and File; Approve ~! t~ ~ L~ ,V /1 . z/ ~ Jr\ ~'/' ,yes Nays /,., i' Y'~ . r 1.t II if. / r::;.Jones / (; /' f/ ;f1 (/I / (#~ynch ,/I , .1 '~7 '/ Michalski '" /I' I )// j/(/;p9 {/r{,o~L (/ ;f vf},J Ijl] lQ/P f 1yl J . j) frl!J or) ,J'/ 'l~l'l i IW~) , " ) iF 7 Ii I. . .25. Surface Transportation Board Filing City Manager submitting a response to the petition of the Iowa, Chicago and Eastern Railroad Corporation (I C & E) and the Dakota, Minnesota and Eastern Railroad Corporation (OM & E). Suggested Disposition: Receive and File 26. Dubuque Township Trustees Communication to the Dubuque Township Trustees regarding the annexation requests of Wendell Corey/Motor City LLC, John and Sally Jo Herrig, and Dean and Patricia Butler. Suggested Disposition: Receive and File 27. Five Flags Budget Proposal City Manager recommending approval of the Fiscal Year 2007 Five Flags Center proposed operating budget submitted by SMG. 28. . Suggested Disposition: Receive and File; Approve Request for Proposals - Port of Dubuque Park, Outdoor Plaza and Parking Lot Enhancements City Manager recommending approval of the issuance of a Request for Proposals for architectural and engineering services for the Port of Dubuque Park, Outdoor Plaza, and Parking Lot Enhancements associated with the McGraw-Hili Project. Suggested Disposition: Receive and File; Approve 29. Comprehensive Plan Update Long Range Planning Advisory Commission submitting the May 2006 Report on the Comprehensive Plan Update process. Suggested Disposition: Receive and File . Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors 8 .30. Improvement Contracts / Performance, Payment and Maintenance Bonds -- Bonson Road Reconstruction Project Suggested Disposition: Receive and File 31. Business Licenses RESOLUTION ~ / / Granting the issuance of a Class "B" Beer Permit (5- Day Special Event) to Rotary Club and Dubuque Jaycees; Class "B" Beer Permit to Pizza Hut #1 and #2; and Class "C" Beer Permit to Kwik Stop, Cedar Cross Amoco, Keywest Conoco, Hartig Drug, Beecher Beverage RESOLUTION d / ;;< Granting the issuance of a Class "C" Beer/Liquor License to Murphs South End, Dubuque Bowling Lanes, Creslanes Bowling, Applebee's Neighborhood Grill, Corner Tap, and Clarke College; Special Class "C" Liquor (5 Day Event) to Dubuque Jaycees; Special Class "C" Liquor (14 Day Event) to Rotary Club; Class "B" Wine Permit to Ooh La La, Hartig Drug #2, and Beecher Beverage; and Class "B" Native Wine Permit to Dubuque American Lady Suggested Disposition: Adopt Resolutions . Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors . 9 ITEMS TO BE SET FOR PUBLIC HEARING JJ \) ljiJ l Jl f(J 1. 2. 3. 4. 5. 6. 7. 8. 9. Theisen Supply, Inc. - Development Agreement - June 19, 2006 Dubuque Star Brewery Project - Development Agreement - July 17, 2006 Dubuque Screw Products, Inc. - Development Agreement - June 19, 2006 McGraw Hill - Development Agreement - June 19, 2006 Petition to Vacate a Portion of Barry Street - June 19, 2006 Petition to Vacate a Portion of the Plat of North Dubuque - July 5, 2006 2006 Grandview Avenue Concrete Section Repair Project - July 5, 2006 Grand River Center - Fountain Sign Rehabilitation Project - July 5, 2006 Ayes Nays / Jones / -;?A ynch / ~Michalski / Braig Bue1- I &Cline J Connors 1. Theisen Supply, Inc. - Development Agreement City Manager recommending that a public hearing be set for June 19, 2006 to consider approval of a Development Agreement with Theisen Supply, Inc., including a disposition of 16.69 acres in the Dubuque Industrial Park West to Chavenelle Warehouse Development, LLC for construction of a 110,000 square foot warehouse/office complex for Theisen's Supply, Inc. RESOLUTION c9-/3 Of intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing 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 wffh i"" 1"0';""" fa< ... P"~"tio" 01 """'" "0...,' 10 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/19/06 2. Kunkel Bounds and Associates - Development Agreement City Manager recommending that a public hearing be set for June 19,2006 to consider approval of a Development Agreement with Kunkel Bounds and Associates, including a 7.69 acre land sale in the Dubuque Technology Park for construction of a 9,800 square foot office building. RESOLUTION P/ ~ Of intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing 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 Kunkel Bounds and Associates, Inc., and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/19/06 3. Dubuque Star Brewery Project - Development Agreement City Manager recommending that a public hearing be set for July 17, 2006 to consider approval of a Development Agreement and lease of the former Dubuque Star Brewery building and site to Port of Dubuque Brewery Development, LLC. RESOLUTION d/5' (1) Approving the minimum requirements, competitive criteria, and offering procedures for lease of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that the lease submitted by Port of Dubuque Brewery Development LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the lease with Port of Dubuque Brewery Development LLC in the event that no competing proposals are submitted; and (3) soliciting competing proposals Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/17/06 4. Dubuque Screw Products, Inc. - Development Agreement City Manager recommending that a public hearing be set for June 19, 2006 to consider approval of a Development Agreement with Dubuque Screw Products, Inc., including a 3.573 acre land sale in Dubuque Industrial Center West for construction of a 30,000 square foot industrial facility. RESOLUTION c37 t:: Of intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing 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 Dubuque Screw Products, Inc., and providing for the publication of notice thereof 11 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/19/06 5. McGraw Hill - Development Agreement City Manager recommending that a public hearing be set for June 19, 2006 to consider approval of a Development Agreement with McGraw Hill Companies, Inc., including the disposition of approximately 1.99 acres for constructing of a 135,000 square foot office complex in the Port of Dubuque. RESOLUTION 3/;/ Of intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing 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 McGraw Hill and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/19/06 6. Petition to Vacate a Portion of Barry Street City Manager recommending that a public hearing be set for June 19, 2006 to consider a request from David O. Neyens and John J. and Frances M. McDonough to vacate a portion of Barry Street from Roosevelt Street northeasterly to a public alley in the City of Dubuque. RESOLUTION c:3?-/ 5 Approving Plat of Survey of Barry Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa RESOLUTION c3/ Y' Of intent to vacate and dispose of City interest in northwesterly one-half of Barry Street in Barry Subdivision NO.2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/19/06 7. Petition to Vacate a Portion of the Plat of North Dubuque City Manager recommending that a public hearing be set for July 5, 2006 to consider a request from Arnie Van Etten, representing James A. and Shirley A. Christensen, to vacate a portion of the plat of North Dubuque. RESOLUTION 3;9d Approving Plat of Survey of Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa RESOLUTION ~/ Of intent to vacate and dispose of City interest in Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa 12 Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/5/05 8. 2006 Grandview Avenue Concrete Section Repair Project City Manager recommending initiation of the public bidding process for the 2006 Grandview Avenue Concrete Section Repair Project and that a public hearing be set for July 5, 2006 to consider adoption of the plans and specifications. RESOLUTION ~,;:? Preliminary approval of plans and specifications RESOLUTION RESOLUTION d'C?.3 d /"l ./ ~-;r Ordering bids Setting date of hearing on plans and specifications Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/5/05 9. Grand River Center - Fountain Sign Rehabilitation Project City Manager recommending initiation of the public bidding process for the Grand River Center - Fountain Sign Rehabilitation Project and that a public hearing be set for July 5, 2006 to consider adoption of the plans and specifications. RESOLUTION c3cP...cr- Preliminary approval of plans and specifications RESOLUTION ~-:;;>,.;;<-Z; RESOLUTION ;;; ,;;<." Setting date of hearing on plans and specifications Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 7/5/05 13 BOARDS/COMMISSIONS o V 1 e Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (Three 3-year At-Large terms through 7/1/09 [terms of Loney-Bichell, Gibbs, Olson] and one 3-year Cathedral District term through 7/1/09 [term of Coty]) Applicants: At-Large - M~ry Loney-Bichell, Matthew Lundh and Chri~ OlsPD; Cathedral District - Michael Cod~ ,l" \ "l Investment oversight6Jmmission (Two 3-year terms through 7/1/6t- terms of Lassance and Melendez) Applicants: Paul Lassance, Hiram Melendez . Long Range Planning Advisory Commission (Two 3-year terms through 7/1/09 - terms of Neumeister, Stein) Applicant: Dr. Mary Lynn Neumeister, Richard Stein Zoning Advisory Commission (Two 3-years terms through 7/1/09 - terms of Bichell and Hardie) ,.r;( I J.. Applicants: Kenneth Bichell, Stephen Hardie~Chadie Miller (ADD) I/(N\'~~ Appointments to the following Boards/Commissions: Civil Service CC:)Jnmftlsion (One 4-year term through 4/6/10 - Term of Kluesner - Mayor ApPointme~r'" "", Applicant: e:s ~I~/ Ayes ,/ / / / / / Nays Jones Lynch Michalski Braig B88t Cline Connors . 14 . PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays / Jones / Lynch / @Michalski / Braig - EhIeb /, ;;)Cline / cj Connors /10 r / 1. Fifth Street Reconstruction - Alpine to Delhi Street Project Proof of publication on notice of hearing to consider adoption of the plans and specifications and Resolution of Necessity for the Fifth Street Reconstruction - Alpine to Delhi Street Project and City Manager recommending approval. RESOLUTION c3c9f Adopting plans and specifications \ ' I RESOLUTION c3C:1-~ With respect to the adoption of the Resolution of l Necessity proposed for the Fifth Street Reconstruction Project - Delhi Street to Alpine tf If Street l At .o..ooted o;.p..'.o", Reo.'ve .od FII.; Adopt Rooo'o.o.. ,~ I ~i 0" ~/,~es Jone~ays (,/ j / (J;'! Lynch 1/ Ill, ", Michalski r ! , / Braig SUoL j;7"J/;jf /~Cline ~, / Z%nnors . Ayes Nays Jones Lynch Michalski Braig -8aeI- . Cline Connors 14 ~\ l'i" ~ I ~} I(J' -IJ VI" ,~. r1j o \ \ \l r~1 C! f \y Y }, } I. (~ .~' o 6~ . . . - 2. NCR Developers, Inc.lMartin McNamer - Request to Rezone I Improvements to North Cascade Road Proof of publication on notice of hearing to consider a request from NCR Developers, Inc.lMartin McNamer to rezone property located south of North Cascade Road 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 entire area be rezoned to R-2. City Manager submitting information on the rezoning request of NCR Developers, Inc. ORDINANCE e X Amending Appendix A (the Zoning Ordinance) of the City of Dubuque ode 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-Fam\ly 0 Residential District concurrent with annexation y Suggested Disposition: Receive and File; Motion B; Motion A A)f . ff.,' " f;Alr f1; v j} /r:Jf;', r (f" flPh /jJ J Ayes Nays ./ Jones / Lynch / , /.J~ic~alski / ~~ralg /~ '/ (;) Connors - Ayes - 15 Nays Jones Lynch Michalski Braig Buol Cline Connors ,;{J ;! }/ ~!))' j~) }~ Lr, ~ ;J' · ,I" ! /, ':tJ / /1/ /-1 ' , .4'" . i /l /I 1{-1 /;/"/ , ' Gary and Mary Beth Valentine - Request to Rezone Proof of publication on notice of hearing to consider a request from Gary and Mary Beth Valentine to rezone property located at the southeast corner of 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. . 3. Ii / I ( /;. 'J /. City Manager submitting information on the rezoning request of Gary and Mary Beth Valentine. ORDINANCE X X 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 A1 Agricultural and R2 Single-Family Residential District to City of Dubuque Moderate Density Multi-Family Residential District concurrent with annexation Suggested Disposition: Receive and File; Motion B; Motion A . AY~ Nays ,/ - ,,~Jones / l Lynch / Michalski / Braig / -= / () Connors Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors . 17 /t /?l~liJ j) IV'/; It. ~ I /J 1/) ,''''1 / ~l . 1//(1' )(/ )' / " ~ . . ,f) J.) 1, .) J, fj '~ ""f) r /' ; ~/ I/):f/ (1 I' ;;//")I / llia'/J U6;//~ i " Jllll) jI /( yf J I , j/ ' / ttj tJ,1 i /;, Jff .y! (lr,/1 " l ,f /1/ ' . 4. . . Thomas and Sheri Henschel - Request to Rezone ) l/ Proof of publication on notice of hearing to consider a request from Thomas and Sheri fl', (, Henschel to rezone property located west of Miller Road in Dubuque County from U 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 Zoning Advisory Commission recommending approval. ORDINANCE i Y Amending Appendix A (the Zoning Ordinance) of the City of Dubuq6~ 'to~e 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; Motion B; Motion A Nays Jones Lynch / Michalski / Braig /lq)~~:e /'fJ} Connors I /ft ":;r) y ~;# fA),' f/J / J,P~/#Jl/9 ) ~ljI! If</J ~/ 11J II] I! 1/' 1~/1?; - //,? I~ (j)} jr ./ kJ "" F ir" (1' jjl Al;!f ~es , / Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors 18 .5. NCR Developers, Inc.lMartin McNamer - Request for Voluntary Annexation Proof of publication on notice of hearing 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 and City Manager recommending approval. , RESOLUTION ~ Approving application for voluntary annexation of territory owned by North ascade Road Developers, LLC and American Trust and Savings Bank, as Trustee I /f( Ayes Nays / Jones @ Lynch Michalski Braig .Suel- Mc:line ~onnors fiJ " @Jt ) tll'J, '/,1\ !/i V,Jl jJ/ / I /[1/;) rr} . ;Jjf/i fl) , ) 'L' I J/ /1//9 1(tl// ('--- Suggested Disposition: Receive and File; Adopt Resolution e /Ayet) Nays , I Jones '// Lynch '. Michalski / @::: / Cline / Connors '~ . 19 . 6. Gary and Mary Beth Valentine - Request for Voluntary Annexation Proof of publication on notice of hearing 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 and City Manager recommending approval. RESOLUTION f Approving application for voluntary annexation of territory owned by Gary L. and Mary Beth Valentine Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Michalski Braig -etftlf ~~~~ors . , AYUJ Nays // / Jones / Lynch /. Michalski / Braig 31101 / Cline / @connors . 20 b /,'/" p;r . I I . I {dj)j Ayes Nays @Jones Lynch Michalski Braig O~~; Connors k ,frr .7. Thomas and Sheri Henschel - Request for Voluntary Annexation Proof of publication on notice of hearing 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 and City Manager recommending approval. RESOLUTION )( Approving application for voluntary annexation of territory owned by Tom and Sheri Henschel, individually and as trustees Suggested Disposition: Receive and File; Adopt Resolution . Ayes Nays / Jones / Lynch / /i: Michalski / /fj) Braig )--&..,1 // . Cline (!) Connors . 21 .s. . . Hwy 151 & 61 Development, LLC Development Agreement Proof of publication on notice of hearing 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 and City Manager recommending approval. (; ~I RESOLUTION c9: 5'fi Authorizing the execution of a Development Agreement with Hwy 151 & 61 Development, LLC ,~ So....ted Dispo.'Oo", _...,....d FII.; Adopt Reso.otioo Ill/d) Ayes Nays / ) Of~ /.~ Jones t' ,n Y- . / !$)Lynch J Ii r J // V ~:~~gaISki ,f' ~ cf1(l .~ ,J / / ~ / IfJ. ';1[(/ ,i' / (j) Connors / 'jtt)Pi~j j ^ 1ft . Ai/ :fJ if , ;;(6/ ,) ;1 OJ!Mt r l!lji fl/l ('l// ~ I Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors 22 e 9. e e University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project and award of the contract to Tschiggfrie Excavating Co. in the amount of $363,808.28 and City Manager recommending approval. RESOLUTION c7 5~ Adopting plans and specifications RESOLUTION ,375 J! Awarding construction contract for the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project RESOLUTION ;?5~ Approving construction contract with Tschiggfrie Excavating Co. for the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions : Ayes ,/ /' / / Nays Jones Lynch Michalski Braig (I Cline : Connors ~/ f /21 4",1) 'II '!~)r / / Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors 23 St. Mark's Community Center Communication from Sr. Inez Turnmeyer, Saint Mark Community Center, appealing the ~ denial of the Historic Preservation Commission to allow wrapping wood window trim "th ,'"m'""m '"' 'eq"osll", th" the C,>, CO""," 'pprove to 00"'""' ""'PP'"' the II) windows of the Center at 1201 Locust and 391 West 1ih Street. )y City Manager transmitting information regarding the appeal filed by St. Mark's Jjfl) Community Center for the denial by the Historic Preservation Commission to allow j wrapping wood window trim with aluminum, /1.1 . Suggulo' o;opool'o", Reoew. ao' FII.; Cou.'U . rl' f~ A~Jo..~~ /(4 ~/"tJ11f/)C(J' Lynch// / { '~NJ " @Michalski ) r ;~~~L/ /JJI&~/Oj~ /t . .0<!' c ) 1~1 ;1 I' q ~. )t)' j 0 j/J Wj)(IJJl~lt:/' ", &;} f.l tiLl) f 'j)' //1)1., I.I!/.'. /f..'~'j;. '~I' / frll), /t;f'v i ~ /. (f ',', ,tf/) ~<9t. iJ 'J/f') ,r 'Ii !J I'" (If . REINSTATE THE RULES Ayes f / / / / Nays Jones Lynch ~ Michalski 19' Braig \ BUll I , Cline tJ Connors ACTION ITEMS 1. e ri I" \ ~ J) fr('f. )~,' I \ }J Ii}. AY~S!. Nays It' Jones ~(I! jl~nch . /J J 1 ~ . / ,;.f'lc~alskl ,/r:~ l'! / (~ralg t ,j , 1, / I Cline . !,J, / Sdconnors J /L . 24 1 c;} . 2. \ qJ Eagle Point Bluff Study City Manager recommending approval to hire Kleinfelder, Inc. to help develop bid documents to scale the loose rocks and remove trees from the brow of the slope of the Eagle Point Bluff and to hire them to inspect the work as it is performed. Suggested Disposition: Receive and File; Approve Ayes Nays / fn] Jones / (~ Lynch / .' Michalski Braig -Baot / () Cline / - Connors e Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors . 25 ~( ) / / t~[ %tIc ~ "f , ,) V' '7 (p' .LIl,)' '. J Ykf ,J I ,i / fI, f J' 1/ f)i f, ~ vvf/ ' ;/1 ,/1 ' . j; .f' I~J JA" /J J)~ iJ all/:I f ( iJP 'j;- ,/ if );.l" e 3. Gas and Electric Franchise Fee City Manager recommending approval of the issuance of a Request for Proposals to select a consultant to do an analysis of the City's administrative expenses with regard to administering a franchise fee and that the 2 percent fee continue to be collected. Suggested Disposition: Receive and File; Approve Ayes ,7. / ~ , .// / Nays Jones Lynch Michalski Braig ~. Cline Connors e e 26 . 4. Historic Preservation Commission - Ordinance and Funding Amendments Historic Preservation Commission recommending approval of an amendment to the Historic Preservation Ordinance to allow Individual Designation of Historic Properties and to amend the Historic Preservation Funding Programs to make individually designated historic properties eligible for funding. ORDINANCE 3 15 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances to provide for individual designation of historic properties Suggested Disposition: Receive and File; Council; Motion B; Motion A ./ Ayes Nays Jones Lynch 0]Michalski (b Braig , . Btl81. ~line c::-gconnors / / / / / . /Ayes Nays Jones ~ Lynch /" "Q Mic~alski [3/ Bralg // = 6connors Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors . 27 , I J) ,1~(? ;II I '),1[ ,) / . ,j 1!1~ {" ,Ii ell Millworking District Historic Preservation Commission recommending that the City Council approve initiation of a process to nominate the proposed Millworking Historic District to the National Register of Historic Places, approve the use of $10,000 in Historic District Public Improvement Program (HDPIP) funds for the nomination process, and direct the Commission to partner with the Envision 2010 Warehouse District Committee in educating property owners. Suggested Disposition: Receive and File; Approve .5. Ayes ,/ / / Nays Jones Lynch Michalski Braig 9a'O't /@Cline / ~connors . Ayes Nays Jones Lynch Michalski Braig Buol Cline Connors . 28 J;J /1',&; 1f1 . 6. Community Partnership (cp2) Program - Fiscal Year 2007 Recommendation of the Community Development Advisory Commission for allocation of Community Partnership Program (cp2) funds. RESOLUTION 27:3 #' Authorizing the award of Community Partnership Program (cp2) funds for Fiscal Year 2007 Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ,/ Jones / tYJLynCh / (vy Michalski / Braig Swl / () Cline /j/ Connors 0"/ yj ;!P'" . . 29 7. Building Permit Moratorium - Southwest Arterial City Manager recommending approval to extend the development moratorium in the Iowa 32 (Southwest Arterial) Corridor to July 1.2007. ORDINANCE :3 f? Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.3 to extend a moratorium on the issuance of permits for work in the Iowa 32 (Southwest Arterial) corridor Suggested Disposition: Receive and File; Motion B; Motion A . Nays Jones Lynch Michalski Braig Sam j ~~~~ors 1rf< . flY' ~ U I If" /f ,~()f fY"Lf . L 1 )fh /I" Iyes ~ / . )yes Nays V/ ~Jones / / ,c' Lynch / ;<. Michalski / Braig >&lftn ./ 13 Cline / / Connors )f ji/ 8. Art on the River City Manager recommending approval of the 2006 Art on the River jury selection for outdoor sculpture at the Port of Dubuque. Suggested Disposition: Receive and File; Approve . "es / / / / / Nays Jones Lynch Michalski Braig 30 .9. Amendment to Cable Franchise City Manager recommending approval of the first amendment to the City's Cable Franchise between the City of Dubuque and MCC Iowa, LLC. ORDINANCE ,(70 Approving an amendment to the Cable Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC ) j., ; ~ ~.o(J 1.~f , I , Suggested Disposition: Receive and File; Motion B; Motion A .~es / / / Braig . IJ:lJeI' / fj,Cline / YConnors Nays Jones Lynch Michalski . Ayes Nays ~ Jones "/ Lynch j Michalski . Braig .euor" / ,rA:Cline / ~connors . 31 fill P .10. Unoccupied Residential Property City Manager recommending approval of an ordinance prohibiting the keeping of cats or dogs on unoccupied residential property. ORDINANCE ~ / Amending the City of Dubuque Code of Ordinances, Chapter 7 Animals or Fowl, by adopting a new Section 7-29 Prohibiting the Keeping of Cats and Dogs on Unoccupied Residential Property Suggested Disposition: Receive and File; Motion B; Motion A /Aye~ Nays . / (41 Jones " L Lynch / ;j) Michalski / () Braig . .B&el / Cline / Connors ir,. ~ /'/y<< Jf / r J ) V I, I . Ayef;j Nays / L~ Jones II Lynch " Michalski / 1:) Braig C/~ Cline Connors . (i~ ) /, '{il 1/ COUNCI~ MEMBER REPORTS . J ):1 .' i)' . \) / !l Ifi';~/ rf JV//!!. y.J;(/ ;I)WU . ,:) ,~[l/~5'~/ . jJ I) {J i (' f 'vi' a;.j',L. [, / D i jVf/ , ~ ~~" lIP \' J \J' , I" ", J ) N') ,o;1)\(6}1'. l k1~ ~rl . QV~lj II 32 . PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly, Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)G) 2005 Code of Iowa Motion to go into Closed Session at /7. /./Lj / / A.\Y~ Nays "/ .' Jones / Lynch /. /fIiC..~. alski (p~ralg /j.... f;~~~ . Connors . Motion to adjourn at . /(/, /c;2 Ayes Nays Jones Lynch @ Michalski Braig Duol ? Cline evconnors 33