7 5 06 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
WEDNESDAY, JULY 5, 2006
INVOCATION
Father Ardel Barta
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 5/25; Cable TV Teleprogramming Commission of 4/4; City
Council of 6/19 and 6/21; Historic Preservation Commission of 6/15; Housing Code
Appeals Board of 3/21; Housing Commission of 5/23; Housing Commission Trust Fund
of 6/22; Library Board of Trustees of 3/30, 4/11, 4/19 and 4/28;
Proof of pUblication of City Council Proceedings of June 5, 2006
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Kelly Lee Day for personal injury; Jeannine Pauly for property damage; Jessica
Sampson for vehicle damage; Eric Suiter and Sherri Sanwick for vehicle damage
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: Kelly Lee Day
for personal injury; Sherri Sanwick for vehicle damage
City Attorney recommending settlement of the claim of Jeannine Pauly for property
damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
3. First Transit, Inc.
City Manager recommending approval of the first amendment to the Management
Agreement between the City of Dubuque and First Transit, Inc.
RESOLUTION Approving the First Amendment to the Management Agreement
between the City of Dubuque, Iowa and First Transit, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
4. People for the Ethical Treatment of Animals (PETA)
Communication from Lisa Wathne, People for the Ethical Treatment of Animals,
regarding the physical abuse of animals in circuses.
Suggested Disposition: Receive and File
5. Citizen Communication
Communication from Thomas H. Zuccaro, 1496 White Street, regarding vehicle noise.
Suggested Disposition: Receive and File; Refer to City Manager
6. Iowa Clean Air Attainment Program
City Manager recommending execution of an agreement with the Iowa Department of
Transportation for the Iowa Clean Air Attainment Program Project for the US 20
Capacity Improvements.
RESOLUTION Approving the Iowa Department of Transportation Agreement for the
Iowa Clean Air Attainment Program (ICMP) Project of the US 20 (Devon Drive to
Menards) Capacity Improvements - Priority 1, Traffic Signal and Intelligent
Transportation System Improvements
Suggested Disposition: Receive and File; Adopt Resolution
7. United Rental Demolition Project
City Manager recommending acceptance of the United Rental Demolition Project as
completed by Tri-State Development Company in the final contract amount of $22,175.
RESOLUTION Accepting the former United Rental Building Demolition and Site
Clearance Project
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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8. Water Department I Stealth Racing Demolition Project
City Manager recommending acceptance of the Water Department I Stealth Racing
Demolition Project as completed by Newt Marine Services in the final contract amount
of$38,911.11.
RESOLUTION Accepting the former Water Department and Stealth Racing Building
Demolition and Site Clearance Project
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
9. University Avenue Reconstruction Project
City Manager recommending acceptance of the University Avenue Reconstruction
Project as completed by Horsfield Construction, in the final contract amount of .
$1,340,603.50
RESOLUTION Accepting the University Avenue Reconstruction Project from Delhi to
Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street
Project
RESOLUTION Approving final estimate
RESOLUTION Approving the preliminary schedule of final assessments
Suggested Disposition: Receive and File; Adopt Resolutions
10. Purchase of Property - 1703 Elm Street
City Manager recommending approval of the purchase of property at 1703 Elm Street
as part of the acquisition program associated with expansion of the Bee Branch Creek
Restoration Project.
RESOLUTION Approving the acquisition of real estate located at 1703 Elm Street in the
City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
11. Fiscal Year 2007 Community Development Block Grant Agreement
City Manager recommending approval of the Fiscal Year 2007 Community
Development Block Grant Program with the U.S. Department of Housing and Urban
Development in the amount of $1 ,256,479.
RESOLUTION Authorizing execution of a Community Development Block Grant
Agreement with the U.S. Department of Housing and Urban Development
Suggested Disposition: Receive and File; Adopt Resolution
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12. Dubuque Industrial Center West - Subdividing of Lot
City Manager recommending approval of the subdivision of Lot 1 of Dubuque Industrial
Center West for Giese Manufacturing Company, Inc. proposed expansion project.
RESOLUTION Approving Plat of Survey Lot 1 of 1 and Lot 2 of 1, Dubuque Industrial
Center West 5th Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
13. PEG Access Capital Grant Expenditure I Mediacom Request
City Manager recommending approval of a request from Mediacom for $2,000 in
funding from the PEG Access Capital Grant for networking equipment for the public
access studio.
Suggested Disposition: Receive and File; Approve
14. PEG Access Capital Grant Expenditure I Dubuque Community School District
City Manager recommending approval of a request from the Dubuque Community
School District for $7,000 in funding from the PEG Access Capital Grant for a
Steadicam Flyer 24SE camera stabilization mount.
Suggested Disposition: Receive and File; Approve
15. PEG Access Capital Grant Expenditure I City of Dubuque
City Manager recommending approval of a request from the City of Dubuque for $4,420
in funding from the PEG Access Capital Grant for two LED light systems from Lite
Panels, Inc.
Suggested Disposition: Receive and File; Approve
16. A.Y. McDonald Park Play Unit
City Manager recommending approval of the use of savings from the Five Flags
Renovation Project for the purchase of the play unit for A. Y. McDonald Park.
Suggested Disposition: Receive and File; Approve
17. Flora Park Water System Project
City Manager recommending acceptance of the Flora Park Water System Project as
completed by Willenborg Plumbing and Heating, Inc., in the final contract amount of
$67,922.17.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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18. Dubuque Museum of Art
Communication from the Dubuque Museum of Art regarding the remaining debt they
owe the City from a $300,000 loan they took out in July 1999 from the Downtown Loan
Pool to rehabilitate the Dubuque Museum of Art building be forgiven.
City Manager recommending that the loan agreement be amended to amortize their
balloon payment.
Suggested Disposition: Receive and File; Approve
19. Specific and Aggregate Stop Loss Insurance Renewal
City Manager recommending approval of the renewal rates submitted by Allianz for
specific stop-loss insurance and aggregate stop-loss insurance for the City's health and
prescription drug plans.
Suggested Disposition: Receive and File; Approve
20. City Manager Employment Agreement
Submittal of the Fifteenth Amendment to the City Manager's Employment Agreement for
approval.
Suggested Disposition: Receive and File; Approve
21. 2006 Pavement Marking Project Service Contract
City Manager recommending award of a service contract for the 2006 Pavement
Marking Project to Selco, Inc. in the amount of $54,458.35.
RESOLUTION Awarding construction contract for the 2006 Pavement Marking Project
RESOLUTION Approving construction contract with Selco, Inc. for the 2006 Pavement
Marking Project
Suggested Disposition: Receive and File; Adopt Resolutions
22. Consultant Services - Port of Dubuque
City Manager recommending approval of the selection of Durrant Group, in the amount
of $49,000, to provide architectural and engineering services for the Port of Dubuque
outdoor plazas and parking lot enhancements associated with the McGraw-Hili project.
Suggested Disposition: Receive and File; Approve
23. Temporary Signs for Non-Profit Organizations
City Manager recommending approval of establishing a maximum fee of $105 for non-
profits who use temporary signs to advertise their fund raising events.
RESOLUTION Establishing a maximum fee for temporary signs placed by non-profit
agencies
Suggested Disposition: Receive and File; Adopt Resolution
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24. Improvement Contracts / Performance, Payment and Maintenance Bonds
-- West Fifth Street (Delhi - Alpine) Reconstruction P-roject
-- University Avenue Culvert Extension Project
Suggested Disposition: Receive and File
25. Business License Refund
Request of Mulgrew Oil Company for a refund in the amount of $50.00 for a portion of
their Class C Beer Permit.
Suggested Disposition: Receive and File; Approve Refund
26. Business Licenses
RESOLUTION Granting the issuance of twenty-four renewal permits to sell cigarettes
and cigarette papers within the City
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Las
Margaritas, Fischer Lanes, Knicker's Saloon, Airport Inn, Taiko Japanese Restaurant
RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) to Four
Mounds Foundation and a Class "C" Beer Permit to Oky Doky #14 and Dubuque
Discount Gas #3
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1. Giese Manufacturing Company, Inc. - Development Agreement
City Manager recommending that a public hearing be set for July 17, 2006 to consider
disposing of property in the Dubuque Industrial Center West to Giese Properties, LLC
for the purpose of constructing an 18,000 sq. ft. manufacturing facility and approval of a
Development Agreement.
RESOLUTION 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 Giese Manufacturing
Company, Inc. and Giese Properties, LLC and providing for the publication of notice
thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/17106
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2. Cedar Street and Dog Track Wastewater Pumping Station Improvement Project
City Manager recommending initiation of the public bidding process for the Cedar Street
and Dog Track Wastewater Pumping Station Improvement Project and that a public
hearing be set for August 7,2006.
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
8/7/06
3. National Mississippi River Museum and Aquarium Expansion Project / Former
Adams Company Building Re-Roof and Structural Repairs Project
City Manager recommending initiation of the public bidding process for the National
Mississippi River Museum and Aquarium Expansion Project / Former Adams Company
Building Re-Roof and Structural Repairs Project and that a public hearing be set for
August 7, 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
8/7/06
4. Highway 20 Landscaping - Phase II Project
City Manager recommending initiation of the public bidding process for the Highway 20
Landscaping - Phase II Project and that a public hearing be set for September 5,2006.
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
9/5/06
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Arts and Cultural Affairs Advisory Commission (Three 3-year terms through 6/30/09 _
Business/Professional [W. Intriligator], Business/Professional and LiveslWorks in
Cultural District [Amy Weber], and At Large [Rebecca Fabricius]
Applicants:
Business/Professional: Ellen Hartman Henkels, William Intriligator, Karen Ridings
Business/Professional and LiveslWorks in Cultural District: Amy Weber
At Large: Rebecca Fabricius, Ellen Hartman Henkels, Geri Shaffer, John Tilton
Civic Center Commission (Two 3-years terms through 6/29/09 - terms of Fuller and
Parks)
Applicants: Cynthia Fuller, Bryce Parks
Transit Board of Trustees (One 3-year term through 7/30/09 - term of Bemis)
Applicants: Harry Bemis, Peter Kies
Appointments to the following Commission:
Park and Recreation Advisory Commission (One 3-year term through 6/30/09 - Term of
Duggan)
Applicant: Chuck Duggan
PUBLIC HEARINGS
SUSPEND THE RULES
1. Para-Transit Rate Increase
Proof of publication on notice of hearing to consider a para-transit rate increase and City
Manager recommending approval.
RESOLUTION Fixing rates for certain para-transit services
Suggested Disposition: Receive and File; Adopt Resolution
2. Petition to Vacate and Dispose of a Portion of the Plat of North Dubuque
Proof of publication on notice of hearing to consider a request from Arnie Van Etten,
representing James A. and Shirley A. Christensen, to vacate and purchase a portion of
the plat of North Dubuque and City Manager recommending approval.
RESOLUTION Disposing of City interest in Lots 413-A, 598-A, and 598-8 of North
Dubuque in the City of Dubuque, Dubuque County, Iowa
RESOLUTION Vacating a portion of the plat of North Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions
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3. 2006 Grandview Avenue Concrete Section Repair Project
Proof of publication on notice of hearing to consider the 2006 Grandview Avenue
Concrete Section Repair Project and City Manager recommending award of the contract
to Horsfield Construction, Inc. in the amount of $49,340.00.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract for the 2006 Grandview Avenue Concrete Section
Repair Project to Horsfield Construction, Inc.
RESOLUTION Approving construction contract with Horsfield Construction, Inc. for the
2006 Grandview Avenue Concrete Section Repair Project
Suggested Disposition: Receive and File; Adopt Resolutions
4. Grand River Center - Fountain Sign Rehabilitation Project
Proof of publication on notice of hearing to consider the Grand River Center - Fountain
Sign Rehabilitation Project and City Manager recommending award of the contract to
Dubuque Sign Company in the amount of $44,500.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract for the Grand River Center - Fountain Sign
Rehabilitation Project
RESOLUTION Approving construction contract with Dubuque Sign Company for the
Grand River Center - Fountain Sign Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
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ACTION ITEMS
1. Citizen Request
Communication from Linda Carriger to address the City Council regarding the state of
Dubuque's inner city.
Suggested Disposition: Receive and File; Council
2. John and Sally Jo Herrig - Request to Rezone (Tabled on June 19, 2006)
Communications from Richard W. and Esther A. Farnum, William and Connie Clasen,
Marlene Brimeyer, Elaine and Raymond Backes, Eileen and Douglas Coates, Mary Jo
and Roger Zalaznik, Mary Jean and Steve Reding, Margaret Burns, Kimberly A.
Schmitz VanDee, Ron and Mary Breitbach, Paul and Vicki Breitbach in opposition to the
proposed rezoning.
Petition requesting that the request of John and Sally Jo Herrig to rezone property south
of Derby Grange Road be referred back to the Zoning Advisory Commission.
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: Remove from Table; Receive and File; Motion B; Motion
A
Material from June 19, 2006 City Council Meeting
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 A 1 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.
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3. Requests for Voluntary Annexation (Tabled on June 19, 2006)
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
John W. and Sally Jo Herrig
RESOLUTION Approving application for voluntary annexation of territory owned by
Dean and Patricia Butler
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolutions
4. Amendment to Development Agreement - North Grandview Estates
City Manager recommending approval of an amendment to the existing development
agreement for the North Grandview Estates housing subdivision.
Suggested Disposition: Receive and File; Approve
5. North Grandview Estates - Final Plat
Zoning Advisory Commission recommending approval of the final plat of North
Grandview Estates.
RESOLUTION Approving the final plat of North Grandview Estates NO.2 in the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
6. Fiscal Year 2007 Special Projects Arts and Culture Grants
Arts and Cultural Affairs Advisory Commission recommending the award of six Special
Projects Arts and Culture Grants for Fiscal Year 2007.
Suggested Disposition: Receive and File; Approve
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7. Acceptance of Quit Claim Deed
City Manager recommending approval of the acceptance of a Quit Claim Deed from the
General Services Administration (GSA) for the Federal Building to the City of Dubuque.
RESOLUTION Accepting a conveyance of the United States Post Office and
Courthouse (Federal Building)
Suggested Disposition: Receive and File; Adopt Resolution
8. Demolition by Neglect
Communication from the Historic Preservation Commission recommending approval of
an ordinance extending Demolition by Neglect to conservation districts and to extend
eligibility for the Historic Preservation RLF to conservation districts.
ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque
Code of Ordinances by amending Section 11-4 Demolition Permits in Conservation
Districts to prohibit demolition by neglect
Suggested Disposition: Receive and File; Council; Motion B; Motion A
9. Code of Ordinances Chapter 34 - Parks and Recreation
City Manager recommending adoption of a revised Chapter 34 of the City of Dubuque
Code of Ordinances pertaining to parks and recreation.
ORDINANCE Of the City of Dubuque, Iowa providing that the Code of Ordinances, City
of Dubuque, Iowa, be amended by repealing Chapter 34 thereof and enacting a new
Chapter 34 Parks and Recreation
Suggested Disposition: Receive and File; Motion B; Motion A
10. Sanitary Sewer at Training Center
City Manager recommending that the City provide additional financial support for the
joint City/County Fire Training Center Project in the amount of $25,000 to hook up to the
sanitary sewer.
Suggested Disposition: Receive and File; Approve
11. Greater Dubuque Development Corporation
Communication from the Greater Dubuque Development Corporation requesting
appointments to the Greater Dubuque Development Corporation Board of Directors.
Suggested Disposition: Receive and File; Council
COUNCIL MEMBER REPORTS
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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 29, 2006
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