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6 19 06 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JUNE 19, 2006 INVOCATION Rev. Matthew Harris, Pastor of The Bridge Christian Church PROCLAMATIONS Drum and Bugle Corps Proclamation ~ Drum and BU9" Corps PRESENTATION Presentation of the Urban Pioneer Award from The National Trust for Historic Preservation 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 and Cultural Affairs Advisory Commission of 4/25; City Council of 6/5; Human Rights Commission of 5/8; Park and Recreation Commission of 5/9; Zoning Advisory Commission of 6/7; Zoning Board of Adjustment of 5/25 Proofs of publication of City Council Proceedings for May 15, 2006 and List of Claims and Summary of Revenues for month ending April 30, 2006 Suggested Disposition: Receive and File ~ ~ EJ ~ ~ Iii@ EJ ~ EJ ~ ~ 6[j ti[J ~ ~ ACAAC City Council HUlTEn Rights Park and Rec Zoning Advisory Zoning Bd of Adj 2. Notice of Claims/Suits Deutsche Bank National Trust Company vs. City of Dubuque, et al Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: McDermott Excavating for property damage City Attorney recommending that the claim of Leanne Horsfall for property damage be approved and that the Finance Department be directed to issue payment. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment m ~ EJ Clairrs - ICAP Claim - Settled 3. Legislative Correspondence Communication (June 1, 2006) to Governor Tom Vilsack encouraging him to veto the eminent domain legislation. Communication (June 9, 2006) to Governor Tom Vilsack thanking him for his veto of House File 2351, the eminent domain legislation passed by the Iowa Legislature. Communication to local legislators encouraging their opposition to efforts to override Governor Vilsack's veto of House File 2351, the Eminent Domain Bill. Communication to Congressman Jim Nussle regarding the Communications Opportunity, Promotion, and Enhancement Act (COPE) of 2006. Communication to Senator Charles Grassley regarding the Communications, Consumer's Choice, and Broadband Deployment Act of 2006. Communication to Senator Tom Harkin regarding the. Communications, Consumer's Choice, and Broadband Deployment Act of 2006. Suggested Disposition: Receive and File Vi5ack lir - 6/1 Vi5ack lir - 6/9 HF 2351 lir Nussle lir Grassley lir HarldnUr 2 4. Hillcrest Family Services Agreement City Manager recommending approval of an agreement with Hillcrest Family Services to use Murphy Park for Reflections in the Park. Suggested Disposition: Receive and File; Approve ~ ~ LU ~ Hillcrest - MVM Merro Hilk:rest . Staff Merro Hilk:re5t Agreerrent 5. Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent Program City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $5,598 for the Foster Grandparent Program. Suggested Disposition: Receive and File; Approve ~.' l2J ~ EJ ~ EJ Grandparent - MVM Merro Grandparent - Staff Merro Foster Grandparent Agreerrent 6. Purchase of Service Agreement with the Retired and Senior Volunteer Program City Manager recommending approval of a Purchase of Service Agreement with the Retired and Senior Volunteer Program in the amount of $7,341. Suggested Disposition: Receive and File; Approve ~ EJ ~ IiVi;l EJ RSVF - MVM Merro RSVF - Staff Merro RSVF Agreerrent 7. Purchase of Service Agreement with Project Concern, Inc. -Information and Referral and Child Care Referral City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $25,069 for the Information and Referral Program plus a payment of $8,833 for the Child Care Referral Program. Suggested Disposition: Receive and File; Approve ~ ~ ~ 't:=.J ~ Child Care - MVM Merro Chik:l Care - Staff Merro Chik:l Care Agreerrent 3 8. Purchase of Service Agreement with Operation: New View City Manager recommending approval of a Purchase of Service Agreement with Operation: New View in the amount of $17,725. Suggested Disposition: Receive and File; Approve r[J ~ ~ ~ New View - Staff Merro New View Agreerrent New VieW - MVM Merro 9. Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc. City Manager recommending approval of a Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc. in the amount of $2,084. Suggested Disposition: Receive and File; Approve ~ o ~ ~ ~ "E.J Helping Services - MVM Merro Helping Services - Staff Merro Helping Services Agreerrent 10. Purchase of Service Agreement with Greater Dubuque Development Corporation City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation in the amount of $167,828. Suggested Disposition: Receive and File; Approve ~ "E.J ~. ,,~ .. ~ "E.J GDDC MVM Merro GDDC - Staff Merro GDDC Agreement 11. Purchase of Service Agreement with Dubuque Main Street, Ltd. City Manager recommending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., in the amount of $46,165. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ ~.~ ''''--' . Main Street - Staff Merro Main Street Agreerrent Main Street - MVM Merro 12. Purchase of Service Agreement with Hills and Dales City Manager recommending approval of the transfer of $2,083 of the Fiscal Year 2006 Dubuque Area lifeTime Center Purchase of Service Agreement to Hills and Dales and approval of the Purchase of Service Agreement for Fiscal Year 2007 with Hills and Dales for senior programs in the amount of $25,000. 4 RESOLUTION Rescinding the Dubuque Area Lifetime Center Community Development Block Grant Agreement for the senior program and services between the Dubuque Area Lifetime Center and the City of Dubuque, authorizing the City Manager to negotiate a Community Development Block Grant Agreement between the City of Dubuque and Hills and Dales, and authorizing the transfer of the funds balance for the senior program and services to Hills and Dales Suggested Disposition: Receive and File; Adopt Resolution fiVjJl1.,.-. D ~ . "'>,; . ~ fiVjJl1...... EJ ~ rrJl Hils and Da",s - MVM Hils and Dales - Staff Hils and Dales - 2006Hils and Dales - 2007 Hils and Da",s - Hils and Da",s Ltr Merro Merro Agreerrent AgreelT'Ent Resolution 13. Purchase of Service Agreement with Dubuque Area Labor Management Council City Manager recommending approval of a Purchase of Service Agreement with Dubuque Area Labor Management Council in the amount of $15,968. Suggested Disposition: Receive and File; Approve ~1' ^'^...~. - IiViJ!"i EJ Iiiij'l El DALMC - MVM Merro DALMC - Staff Merro DALMC Agreement 14. Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of $660,409 Suggested Disposition: Receive and File; Approve ~ ~-!= -'-0 - ~ CVB - MVM Merro CVB - Staff Merro CVB Agreement 15. Purchase of Service Agreement with Washington Neighborhood Tool Library City Manager recommending approval of a Purchase of Service Agreement with the Washington Neighborhood Tool Library in the amount of $15,500. Suggested Disposition: Receive and File; Approve ~ ~ ~ El Iiiiij'l EJ Ubrary - MVM Merro Ubrary . Staff Merro Tool Ubrary Agreerrent 5 ~ 6[J ~ CJ 16. Purchase of Service Agreement with Substance Abuse Services Center City Manager recommending approval of a Purchase of Service Agreement with Substance Abuse Services Center in the amount of $13,145. Suggested Disposition: Receive and File; Approve SASC .. MVM Merro SAse.. Staff Merro SASC Agreerrent 17. Purchase of Service Agreement with America's River Corporation City Manager recommending approval of a Purchase of Service Agreement with America's River Corporation in the amount of $10,000. Suggested Disposition: Receive and File; Approve ~ ~"., =' .. ~ EJ Arrerk:a's River. MVM Merro Arrerica's River - Staff Merro Arrericas RiVer- Agreerrent 18. Northeast Iowa School of Music City Manager recommending approval of a grant agreement with the Northeast Iowa School of Music to provide music lessons for five children as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve ~' ...L::., .. ~,' EJ ~:s ..e;,,,:;,,' . ..- Music .. MVM Merro Music .. Staff Merro NE Iowa Music - Agreerrent 19. Dubuque County ISU Extension City Manager recommending approval of a grant agreement with Dubuque County ISU Extension to conduct recreation programs as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Iii1fl EJ ~ ~.. EJ ISU .. MVM Merro ISU .. Staff Merro ISU .. Agreerrent 6 Suggested Disposition: Receive and File; Approve 20. Grant Agreement - Four Mounds Foundation City Manager recommending approval of the grant agreement with the Four Mounds Foundation to provide the day camp program as part of the summer Uptown Recreation Program. 8[J ~ ~ C' c:-;': C' Four Mounds - MVM Merro Four Mounds ~ Staff Merro Four Mounds - Agreerrent 21. Fifth Street Reconstruction Project City Manager recommending award of the contract for the Fifth Street Reconstruction Project to Portzen Construction in the amount of $1,024,519.20. RESOLUTION Awarding contract for the Fifth Street Reconstruction Project to Portzen Construction RESOLUTION Approving construction contract with Portzen Construction for the Fifth Street Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ ~ ~'~' --=:, cc fifl 5th Street ~ MVM Merro 5th Street - Staff Merro 5th Street - Resolutions 5th Street - Bid Tab 22. Dubuque Metropolitan Area Solid Waste Agency Dubuque Metropolitan Area Solid Waste Agency submitting the draft Comprehensive Solid Waste Management Plan Update and requesting City Council endorsement. Suggested Disposition: Receive and File; Refer to City Manager m fit DMAsWA Ur DMAsWA Plan Update 23. Stafford Street Sanitary Sewer Reconstruction Project City Manager recommending acceptance of the Stafford Street Sanitary Sewer Reconstruction Project as completed by Fondell Excavating, Inc. of Dubuque, Iowa, in the final contract amount of $15,229.00. RESOLUTION Accepting improvement RESOLUTION Approving final estimate 7 Suggested Disposition: Receive and File; Adopt Resolutions u u Iiii3'1 EJ ~ Stafford. MVM Merro Stafford. Staff Merro Stafford. Resolutions Stafford. Close Out Form 24. DME Filing Iowa Department of Transportation filing to the Surface Transportation Board regarding the petition of the Iowa, Chicago and Eastern Railroad. Suggested Disposition: Receive and File rn.. E:j( lOOT Filing 25. International Union of Operating Engineers City Manager recommending approval of the collective bargaining agreement between the City of Dubuque and the International Union of Operating Engineers, Local #758. RESOLUTION Approving the agreement between the City of Dubuque and the International Union of Operating Engineers Suggested Disposition: Receive and File; Adopt Resolution NOTE: The material for this agenda item will be delivered on Friday, June 16, 2006. 26. 409 Burch Street (Tabled on May 15, 2006) City Manager submitting an update on the rehabilitation of 409 Burch Street and recommending that this item be tabled to July 17, 2006. Suggested Disposition: Remove from Table; Receive.and File; Table to 7/17/06 ~ EJ ~ 5 409 Burch. MVM Merro 409 Burch. Staff Merro 409 Burch. Pictures 27. Amendment to Development Agreement for Eagle Valley Subdivision City Manager recommending approval of an amendment to the existing development agreement for the Eagle Valley housing subdivision to allow construction of single family homes on duplex lots. Suggested Disposition: Receive and File; Approve 8 ~ D!D Eagle Valley - Staff Merro ~ Eagle Valley - MVM Merro Eagle Valley- Agreement 28. Parking Enforcement Handheld Units City Manager recommending approval of the replacement of five handheld parking enforcement units at a cost of $29,780. Suggested Disposition: Receive and File; Approve 1iiP'1. '. . LiU ~ LJ Parking - MVM Merro Parking - Staff Merro 29. Response and Deployment Study Contract City Manager recommending approval of a contract with the Matrix Consulting Group for the Fire Department's Response and Deployment Study. Suggested Disposition: Receive and File; Approve ~ ~- ,,~ - ~ Contract - MVM Merro Contract - Staff Merro Matrix Agreement 30. Subdividing of Lots - Dubuque Industrial Center West Fifth Addition and the Port of Dubuque City Manager recommending approval of the subdividing of lots in the Dubuque Industrial Center West Dubuque Industrial Center West and the Port of Dubuque for projects being done by Theisen Supply, Inc., Dubuque Screw Products, Inc. and McGraw-Hili Companies, Inc. RESOLUTION Approving Plat of Survey of Lot 1 of 2 and Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa RESOLUTION Approving Plat of Survey of Lot 1 of 5 and Lot 2 of 5, Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa RESOLUTION Approving Plat of Survey of Lot 1 of 1 and Lot 2 of 1 of Riverwalk Sixth Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ iii ~ r5 ~ - -- - SubdivkJing - MVM SubkJivkJing - Staff DICW - Map SubkJivkJing - SubdivkJing - Plat # 1 SubkJivkJing - Merro Merro Resolut",n # 1 Resolut",n #2 9 ~. ,~ .. Iiiijl'l EJ ~.~ ,."iE :~ " Ii ~ ~ ~ Subdividing - Plat #2 Subdividing - Subdividing - Plat #3 Resolution # 3 31. Crime Victim Assistance Grant City Manager recommending approval of an Iowa Department of Justice Domestic Violence Grant to be used to support investigative overtime regarding domestic violence investigations for the period July 1,2006 to June 30, 2007. Suggested Disposition: Receive and File; Approve ~ ~ mi Grant. MVM Merro Gra nt - Staff Merro DOl Contract 32. Tobacco Compliance - Civil Penalties for Tobacco Permit Holder City Manager recommending acceptance and approval of Acknowledgement! Settlement Agreements for Oky Doky, Inc., 2010 Kerper Blvd, for their first tobacco violation and Clarke Retail Enterprises, 700 Rhomberg Avenue, for their second tobacco violation. Suggested Disposition: Receive and File; Approve ~ EJ ~ EJ Iiiijl'l EJ ~ EJ Tobacco - MVM Merro Tobacco - Staff Merro Acceptance - oky Doky Acceptance - Clarke 33. Economic Development Administration - Amendment #4 City Manager recommending approval of approval of Amendment #4 to the contract with the Economic Development Administration on the Adams Company property project. RESOLUTION Authorizing the execution of Project Amendment #4 to a contract with the Economic Development Administration Suggested Disposition: Receive and File; Adopt Resolution EDA - MVM Merro EDA - Staff Merro EDA - Resolution EDA Letter 34. Encephalitis Monitoring Memorandum of Understanding City Manager recommending approval of a Memorandum of Understanding between the Iowa Department of Public Health and the City of Dubuque for services related to Encephalitis / West Nile disease monitoring. 10 Suggested Disposition: Receiv.e and File; Approve ~ ~ ~ MOU - MVM Merro MOU - Staff Merro Merrorandum of Understanding 35. Environmental Stewardship Advisory Commission Communication from the Environmental Stewardship Advisory Commission requesting City Council approval and concurrence on the results of the Commission's goal setting process. Suggested Disposition: Receive and File; Refer to City Manager ~ ESAC Ltr 36. Historic Preservation Commission Communication from Jim Gibbs advising that he does not plan to pursue another term on the Historic Preservation Commission. Suggested Disposition: Receive and File fit Gibbs Ltr 37. Dubuque Metropolitan Area Transportation Study (DMATS) Communication from Mayor Roy D. Buol, Chairperson of the Dubuque Metropolitan Area Transportation Study, to the Surface Transportation Board in support of the City of Dubuque's opposition to Petition of Iowa, Chicago & Eastern Rail Corporation to reopen and partially modify conditions of Finance Docket No. 34177 and Finance Docket No. 34178. Suggested Disposition: Receive and File rii DMATS Ltr 38. Iowa Department of Transportation City Manager recommending approval of the Iowa Department of Transportation's five year primary road maintenance agreement. Suggested Disposition: Receive and File; Approve 11 Li[J ~ ~ lOOT l1r lOOT - MVM Merro lOOT - Staff Merro 39. Federal Building Lease Agreement City Manager recommending approval of a lease agreement with the United States Postal Service and Senator Tom Harkin's office for space in the Federal Building as a prerequisite to the City taking ownership of the Federal Building. RESOLUTION Authorizing a temporary lease to the General Services Administration on behalf of the United States Postal Service and Senator Harkin's Office for space in the Federal Building in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution IiVGl'l ~ ~ ~ ~ Lease - MVM Merro Federal Bldg - Staff Merro Federal Bldg- Resolution 40. Federal Building Request for Proposals City Manager recommending approval of a Request for Proposals to provide architectural and engineering services for the Federal Building. Suggested Disposition: Receive and File; Approve ~ .~ '----"'-"" ~ ~ RFP - MVM Merro Federal B1dg RFP 41. Business Licenses RESOLUTION Granting the issuance of fifty (50) renewal permits to sell cigarettes and cigarette papers within the City limits RESOLUTION Granting the issuance of Class "B" Beer Permit to Colts Community Center and a Class "C" Beer Permit to Hy-Vee Wine and Spirits RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License (5-Day Special Event) to Dubuque Area Labor Management Council; Class "C" Beer/Liquor License to Five Flags Center, Paul's Tavern, Diamond Jo Casino, American Legion #6, and Bricktown Brewery; and Class "B" Wine Permit to Hy-Vee Wine and Spirits Suggested Disposition: Adopt Resolutions IiVGl'l "T':'2I ~ ~ :..E:'! =" - ~ Resolution # 1 Resolution #2 Resolution #3 Polce Reports 12 ~ ~ ~ EJ ITEMS TO BE SET FOR PUBLIC HEARING 1. Para-Transit Rate Increase City Manager recommending that a public hearing be set for July 5, 2006 to consider a para-transit rate increase. Suggested Disposition: Receive and File; Public Hearing 7/5/06 ~ o Trans~ - MVM Merro Trans~ - Staff Merro Transit - Hearing Notice 2. Northwest Arterial Phase 4 - Bike/Pedestrian Trail Project City Manager recommending initiation of the bidding process for the Northwest Arterial Phase 4 - Bike/Pedestrian Trail Project and that a public hearing be set for July 17, 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 7/17/06 ~ ~ EJ ~ EJ Trail - MVM Merro Trail - Staff Merro Trail - Resolutions 3. Ham House Painting Project City Manager recommending initiation of the bidding process for the Ham House Painting Project and that a public hearing be set for July 17, 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 7/17/06 ~" ..,~"7' - ~ EJ ~ EJ Ham House ~ MVM Merro Ham House - Staff Merro Ham House - Resolutions 13 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Park and Recreation Advisory Commission (One 3-year term through 6/30/09 - Term of Duggan) Applicant: Chuck Duggan Appointments to the following Boards/Commissions: Historic Preservation Commission (Three 3-year At-Large terms through 7/1/09 [terms of Loney-Bichel!, Gibbs, Olson] and one 3-year Cathedral District term through 7/1/09 [term of Cotyl) Applicants: At-Large - Mary Loney-Bichell, Matthew Lundh and Chris Olson; Cathedral District - Michael Coty Investment Oversight Commission (Two 3-year terms through 7/1/09 - 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 Bichel! and Hardie) Applicants: Kenneth Bichell, Stephen Hardie, Matthew Lundh, Charles Miller ~ L.J ~.c ,,=. .. rii rii tiJ ~ Bel and Corrm Ust Overview Sheet Park and Rec Application HPC Applications JOAC Applications LRPAC Applications rn Eiil ZAC Applications PUBLIC HEARINGS SUSPEND THE RULES 1. Durrant Group / Richard Davison - Request to Rezone Proof of publication on notice of hearing to consider a request from Durrant Group / Richard Davison to rezone property located at 593 Hill Street from R-2A Alternate Two- Family Residential District to C-2 Neighborhood Shopping Center District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 593 Hill Street from R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping Center District 14 Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ ~ ~ 593 HiII- ZAC lir 593 HiII- Application 593 HiII- Vicinity Map 593 HiII- Staff 593 HiII- Ordinance C-2 Regulations Report IiiCll U Suggested Motion 2. Harold and Jocille Weber - Request to Rezone Proof of publication on notice of hearing to consider a request from Harold and Jocille Weber to rezone property located at 210 Jones Street from LI Light Industrial District to C-4 Downtown Commercial District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 210 Jones Street from LI Light Industrial District to C-4 Downtown Commercial District Suggested Disposition: Receive and File; Motion B; Motion A IiVD1 ~ ~ rn eif ~ EJ ~ ~ ri: 210 Jones - ZAC lir Weber - Application 210 Jones - Vicinity 210 Jones - Staff Map Report 210 Jones- Ordinance C-4 Regulations ~ Suggested Motion 3. Wendell Corey, Motor City LLC - Request to Rezone Proof of publication on notice of hearing 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; Motion B; Motion A 15 Material from May 15, 2006 City Council Meeting ~ ~ Motor Ctty - ZAC Ltr Motor Ctty - Application ~ ~ ~ ~ Motor Ctty - Staff Report Motor Ctty - Ordinance Asbury Plaza - Asbury Piaza - Site Vicintty Map Pians ~ EJ Suggested Motk," 4. Dean and Patricia Butler - Request to Rezone Proof of publication on notice of hearing to consider a request from Dean and Patricia Butler to rezone 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 and the Zoning Advisory Commission recommending approval with the condition that the property be 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 A 1 Agricultural District to City R-2 Two-Family Residential District, concurrent with annexation Suggested Disposition: Receive and File; Motion B; Motion A IiVRl EJ ~ Butk!r - Staff Merrn Butk!r - R-2 Ordinance Material from May 15, 2006 City Council Meeting ~ fil u mi ~ ~- .._c..-.,:.. ".C Butler - ZAC lir Butler - Application Butk!r - VlCintty Map Butk!~s HiII- Final Butler - Staff Report Butk!r - Ordinance Piat ~ Suggested Motion 16 ~ C2J ~ C2J ~ 5lt ~ iil 5. John and Sally Jo Herrig - Request to Rezone Proof of publication on notice of hearing 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 the condition that the property be rezoned to R-2 Two-Family Residential/C-3 General Commercial District with a 20 percent setback. Communication from John Herrig advising that the R-2 Two-Family Residential is acceptable; however, the C-3 General Commercial District with a 20 percent setback is not acceptable. Communication from Wendell Corey, Motor City LLC, regarding the request of John and Sally Jo Herrig to rezoning property located south of Derby Grange Road and requesting that the C-3 zoning be downgraded to C-2. Petition requesting that the rezoning be downgraded from C-3 to PUD Planned Unit Development (first choice) or C-2 (second choice) for property located south of Derby Grange Road. 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 A 1 Agricultural to City AG Agricultural District, R-2 Two-Family Residential District and C-3 General Commercial District, concurrent with annexation to the City of Dubuque Suggested Disposition: Receive and File; Motion B; Motion A Herr~ - Staff Merro Herrig - R-2 Ordinance Herrig - Exhib~ B John Herrig Ur Wendell Corey Ur PeWon e ~ Herrig - Oppos~ion Suggested Motion Urs Material from May 15, 2006 City Council Meeting ~ EJ rii ril ~ EJ ~ Herrig ~ ZAC Ur Herrig - Application Herrig - Vcinity Map Herrig. Staff Report Herrig - Ordinance 17 ~ ~ ~ it fit ~ '-"~C.-: - Annexations - MVM Annexations - Staff Annexations. Annexation - Exhibit Voluntary MeITO MelTO Resolution A Annexation Map ~ ~ ~ ~ ~ :.~~-' ',C--".:.' .. Herrig - Agreerrent Butler - Agreerrent lir to Bd of Supv Dubuque Township Dubuque Township lir lir#2 ~.~ m.-=- . 6. Requests for Voluntary Annexation Wendell Corey, Motor City LLC - Proof of publication on notice of hearing 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. John and Sally Jo Herrig - Proof of publication on notice of hearing 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. Dean and Patricia Butler - Proof of publication on notice of hearing 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. City Manager recommending approval of the three voluntary annexation requests and submitting the signed annexation agreements for the three properties. RESOLUTION Approving application for voluntary annexation of territory owned by Motor City LLC, John W. and Sally Jo Herrig, and Dean and Patricia Butler Suggested Disposition: Receive and File; Adopt Resolution MotorCity- Agreerrent ~ EJ Certification lir Riniker Response lir Iowa Code Sec Motor City Request Herrig - Application But..r - Application Notice - Mailing List 368.7 it fj fil fit 5 ~ L:U ~ Annexation I Rezoning Map Material from May 15, 2006 City Council Meeting Iiiil?l.... EJ ~ ~ EJ ~ Pii Motor City - MVM MelTO Motor City - Staff MelTO Motor City - Staff Report MotorCity- Application Annexation Map ~ EJ ~ ~. EJ ~ fi Herrig - MVM Merro Herrig - Staff Merro Herrig - Staff Report Herrig - Application Annexation Map 18 ~ ~ ~ rtJ m Butler - MVM Merro Butler - Staff Merro Butler - Staff Report Butler - Application Annexation Map 7. Theisen Supply, Inc. - Development Agreement Proof of publication on notice of hearing to consider execution of a Development Agreement with Theisen Supply, Inc., including the disposition of 16.749 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. and City Manager recommending approval. RESOLUTION Approving a Development Agreement providing for the Sale of Lot 1 of Lot 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa, to Theisen Supply, Inc. and Chavenelle Warehouse Development, LLC Suggested Disposition: Receive and File; Adopt Resolution Iiiii0 D ~ D ~ ~ ~ ~ ~ Theisen - MVM MelT'D Theisen - Staff Merro Theisen - Resolution Theisen - Dev Agr Theisen - Exhibt Material from June 5, 2006 City Council Meeting ~'-~ ,...C"'_ - ~)t! ",')'"",,, .. ~ ~ ~'" ,~. - ~ E.J Theisens - MVM Theisen - Staff Merro Theisen - Resolution Deveioprrent Merm Agreerrent Theisen - Exhibit 8. Kunkel Bounds and Associates - Development Agreement Proof of pUblication on notice of hearing to consider execution 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 and City Manager recommending approval. RESOLUTION Approving a Development Agreement providing for the sale of Lot 6 Block 2 Dubuque Technology Park in the City of Dubuque, Iowa to Kunkel Bounds & Associates, Inc. Suggested Disposition: Receive and File; Adopt Resolution ~ E.J ~ EJ ~ ~~ ,--,- -- Kunkel Bounds - MVM Merro Kunkel Bounds - Staff Merro Kunkel Bounds. Resolution Kunkel Bounds - Dev Agr 19 Material from June 5, 2006 City Council Meeting ~ ~ ~ ~ e Kunkel Bounds - MVM Kunkel Bounds - Merro Staff Merro Kunkel Bounds - Resolution Development Agreerrent Kunkel Bounds - Drawing 9. Dubuque Screw Products, Inc. - Development Agreement Proof of publication on notice of hearing to consider execution of a Development Agreement with Dubuque Screw Products, Inc., including a 3.838 acre land sale in Dubuque Industrial Center West for construction of a 30,000 square foot industrial facility and City Manager recommending approval. RESOLUTION Approving a Development Agreement providing for the sale of Lot 1 of 5 Dubuque Industrial Center West 5th Addition to Dubuque Screw Products, Inc. Suggested Disposition: Receive and File; Adopt Resolution ~15: ..=,^ .........." ~"~ ..,~_.. . ~ ~~' _.u .. Dubuque Screw - MVM Merro Dubuque Screw - Staff Merro Dubuque Screw- Resolution Dubuque Screw - Dev Agr Material from June 5, 2006 City Council Meeting ~ t=U ~ ~ ~" EJ ~ Dubuque Screw - MVM Merro Dubuque Screw - Dubuque Screw - Staff Merro Resolution Development Agreerrent Dubuque SCrew - Exhib~ 10. McGraw-Hili Companies, Inc. - Development Agreement Proof of publication on notice of hearing to consider execution of a Development Agreement with McGraw-Hili Companies, Inc., including the disposition of approximately 1.99 acres for construction of a 135,000 square foot office complex in the Port of Dubuque and City Manager recommending approval. RESOLUTION Approvin~ a Development Agreement providing for the sale of Lot 1 of Lot 1 of Riverwalk 6 h Addition in the City of Dubuque, Iowa to the McGraw- Hill Companies, Inc. Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~ IiVl;1 EJ McGraw-Hili - MVM Merro McGraw-Hili - Staff Merro McGraw-Hili - Resolution Note: The final version of the McGraw-Hili Development Agreement will be delivered on Friday, June 16, 2006. 20 Material from June 5, 2006 City Council Meeting ~ ~ ~. CJ ~ ~ McGraw-Hili - MVM Merro McGraw-Hili - Staff Merro McGraw-Hili - Resolution Developrrent Agreerrent McGraw-Hili - ExhibM: 11. City of Dubuque - Request for Text Amendment Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Sections 6-1.5.5 and 4.4.2 of the Zoning Ordinance and Section 41-16 of the Subdivision Regulations to extend the duration of the development moratorium for the Iowa 32 (Southwest Arterial) corridor and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amendment Section 4.4.2 regarding site plans, and by amending Section 6-1.5.5 regarding rezoning, to extend a moratorium for site plan and rezoning applications in the Iowa 32 (Southwest Arterial) corridor ORDINANCE Amending Chapter 42 (Subdivision Regulations) of the city of Dubuque Code of Ordinances by amending Section 42-16, to extend a moratorium for subdivision plats in the Iowa 32 (Southwest Arterial) corridor Suggested Disposition: Receive and File; Motion B; Motion A rJi ~ f?1i ~ """~:' ~ ~ ,~"",.,,; - . - Arrendrrent-ZAC Arrendrrent - Arrendrrent - Menu Arrendrrent - Arrendrrent - SW Arterial Maps Ltr Application toZAC Ordinance Ordinance #2 12. Petition to Vacate a Portion of Barry Street Proof of publication on notice of hearing 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 and City Manager recommending approval. RESOLUTION Vacating and disposing of City interest in the 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 Resolution ~ "r::J ~'., 0-=. . ~."" ... - Barry St - MVM Merro Barry St - Staff Merro Barry St - Resoiutlon 21 {J ~ ~ ~ &J Material from June 5, 2006 City Council Meeting Barry St . MVM MelTO Barry St . Staff MelTO Barry St . Resolutions Barry St . VICinity Barry St . Request Map Ur 13. Five Flags Arena Fall Protection Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Five Flags Arena Fall Protection Project and City Manager recommending award of the contract to Hy-Safe Technology in the amount of $82,173. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Hy-Safe Technology for the Five Flags Arena Fall Protection Project Suggested Disposition: Receive and File; Adopt Resolutions ~.c L2J ~ L2J ~ L2J Five Flags' MVM MelTO Five Flags. Staff MelTO Five Flags. Resolutions Material from May 15, 2006 City Council Meeting ~:,. ,,,;cc.'.; .~ ~ EJ ~ Five Flags' MVM MelTO Five Flags. Staff MelTO Five Flags. Resolutions REINSTATE THE RULES 22 ACTION ITEMS 1. Airport Commission Report Airport Commission Chairperson Teri Goodmann to provide the Airport quarterly report. Suggested Disposition: Receive and File 2. NCR Developers, Inc. I Martin McNamer - Request to Rezone (First Reading on June 5, 2006) 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; Motion B; Motion A ~ 1iiIp... L:2J ~ NCR Rezoning - MVM Merro NCR - Staff Merro Suggested MotkJn Material from May 1, 2006 City Council Meeting ~ ~ fit rili ~ Gi ~ NCR Rezoning' ZAC Ltr McNarrer- ApplicatkJn McNarrer - Vicinity McNarrer - Staff NCR Rezoning - Map NCR Rezoning ~ Map Report Ordinance ~ ~ -~: c...;._., .. rii@'I EJ flJ fiThl'I ~ N Cascade Rd - ZAC N Cascade Rd - MVM N Cascade Rd - Staff N Cascade Rd - Map Fwe Year Street Ur Merro Merro Program 3. Gary and Mary Beth Valentine - Request to Rezone (First Reading on June 5, 2006) 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 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 ~ EJ ~ ~ EJ Valentine Rezoning - MVM Merro Valentine - Staff Merro Suggested MotkJn Material from May 1, 2006 City Council Meeting 23 ~ rn ~ ~ ~ ~ lifP1 LJ Valentine Rezoning - ZAC Ltr Valentine - Application Valentine - VICinity Valentine - Staff Valentine Rezoning - Valentine Rezoning. Map Report Map Ordinance 4. Thomas and Sheri Henschel - Request to Rezone (First Reading on June 5, 2006) 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; Motion B; Motion A r!@] Suggested Motion Material from May 1, 2006 City Council Meeting ~ iii Gl ~ m ~ - Henschel Rezoning - Henschel - Henschel. Vicinity Henschel - Staff Henschel - Maps Henschel Rezoning - ZAC Ltr Application Map Report Ordinance 5. NCR Developers, Inc./Martin McNamer - Request for Voluntary Annexation (Tabled on June 5, 2006) RESOLUTION Approving application for voluntary annexation of territory owned by North Cascade Road Developers, LLC and American Trust and Savings Bank, as Trustee Suggested Disposition: Receive and File; Remove from Table; Adopt Resolution ~ ~ ~ ~ ~ ~ ~. ~ iii NCR Annexation - MVM MemJ NCR Annexation - Staff MemJ NCR Annexation - Resolution NCR Annexation Agreerrent NCR - Exhibtts B-1 and B-2 24 Material from May 1, 2006 City Council Meeting ~ D[J ~ TIJ ra [?j ~ NCR Annexation - NCR Annexation - NCR Annexation - MVM Merro Staff Merro Staff Report McNarrer - Application Annexation Property Annexation Urban Owners Map Area ~ GIS Map 6. Gary and Mary Beth Valentine - Request for Voluntary Annexation (Tabled on June 5, 2006) RESOLUTION Approving application for voluntary annexation of territory owned by Gary L. and Mary Beth Valentine Suggested Disposition: Receive and File; Remove from Table; Adopt Resolution ~ ~ ~ ~ ~ ~ IiVi71 ~ f?j Valentine Annexation Valentine Annexation Valentine Annexation Valentine ~ Valentine - Staff Valentine - Exhibit A _ MVM Merro - Staff Merro - Resolution Annexation Agreerrel Report ~ ~ Valentine - Application Valentine - Exhibtt B-3 Material from May 1, 2006 City Council Meeting ~ ~ ~ Ii rll Valentine Annexation Valentine Annexation Valentine Annexation Valentine Annexation Valentine Annexation _ MVM Merro - Staff Merro - Staff Report Request - Maps 7. Thomas and Sheri Henschel- Request for Voluntary Annexation (Tabled on June 5, 2006) RESOLUTION Approving application for voluntary annexation of territory owned by Tom and Sheri Henschel, individually and as trustees Suggested Disposition: Receive and File; Remove from Table; Adopt Resolution ~ ~ ~ ~ ~ ~ fii fii rJj Henschel Annexation Henschel - Staff - MVM Merro Merro Henschel - Resolution Henschel - Application Henschel- Vicintiy Henschel- Exhibit C Map ~ Annexation Property Owners Map 25 Material from May 1, 2006 City Council Meeting ~ 1iiiJl. '.... TI ~ ~ ~ Henschel Annexation Henschel Annexation Henschel Annexation Henschel Annexation Henschel Annexation _ MVM Merro - Staff Merro - Staff Report - Application - Maps 8. Police Department Towing Contract City Manager recommending approval of the Police Department Towing Contract for 2006 through 2009. Suggested Disposition: Receive and File; Approve NOTE: The material for this agenda item will be delivered on Friday, June 16, 2006. 9. Dubuque Drum and Bugle Corps Communication from Greg Orwoll, Executive Director of the Dubuque Drum and Bugle Corps, requesting that the residential parking restrictions around Senior High School and any noise ordinances be suspended on July 7 and August 5 to accommodate the Colts' annual Music on the March. Suggested Disposition: Receive and File; Council tifl OrwolllJ:r 10. Tri-State Development - Final Plat Zoning Advisory Commission recommending approval of the final plat of Seippel Road Commercial Park, Plat #2 located on Old Highway Road as requested by Tri-State Development/Dave Schneider. RESOLUTION Approving the final plat of Seippel Road Commercial Park, Plat #2, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ fifi ~ ra Final Plat - Staff Final Plat - 5eippel Merro Rd Iii@l L::U Final Plat - ZAC IJ:r Tri-State- Application Final Plat- Resolution 26 ~ ~.. TIJ 11. Cable TV Teleprogramming Amendment City Manager recommending approval of an amendment to Section 44-219(a) of the City of Dubuque Code of Ordinances to set the quorum for the Community Teleprogramming Commission to four members of the seven member Commission. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 44-219*a) Establishing the Quorum for Meetings of the Cable Television Community T eleprogramming Commission Suggested Disposition: Receive and File; Motion B; Motion A ~.~... TIJ ~ CJ Cable' MVM Merro Cable - Staff Merro Cable - Ordinance Suggested Moton 12. Vacant and Abandoned Buildings City Manager recommending adoption of an amendment to the Code of Ordinances to require that all vacant and abandoned buildings be licensed effective December 1, 2006. ORDINANCE Amending the City of Dubuque Code of Ordinances Chapter 33, Offenses and Miscellaneous Provisions by adopting a new Article VII, Licensing of Vacant and Abandoned Buildings Suggested Disposition: Receive and File; Motion B; Motion A ~ 't::U Iiiij1 ~ ~ EI ~ ~ Vacant Bldgs . MVM Merro Vacant Bldgs. Staff Merro Vacant Bldgs. Ordinance Suggested Motion 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 June 15, 2006 27