7 17 06 Agenda NO icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, JULY 17,2006
INVOCATION
Monsignor Wayne Ressler, Pastor of St. Raphael's Cathedral
PROCLAMATIONS
Dubuque County Fair Week (July 25 - 30, 2006)
United Way Campaign Time (August 3 - October 31, 2006)
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
City Council of 7/5; Enterprise Zone Commission of 5/24; Long Range Planning
Advisory Commission of 6/21; Park and Recreation Commission of 6/13 and 7/11;
Zoning Board of Adjustment of 6/22
Library Board of Trustees Update from meeting of June 22, 2006
Proofs of publication of City Council Proceedings of June 19 and 21, 2006 and List of
Claims and Summary of Revenue from month ending May 31,2006
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Bird Chevrolet for vehicle damage; City of Bellevue for vehicle damage; Bob and Donna
Humke for property damage; Jane M. Jaeger for property damage; Robert Kaesbauer
for property damage; Bill McGovern for property damage; Rhonda Metcalf v. City of
Dubuque; Ferd A. Nesler for vehicle damage; Oak Park Place for property damage;
Michael V. and Tansy Jo Rooney for property damage; Jeremiah Shanahan for vehicle
damage; Michael and Barbara Skahill for property 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: Bird Chevrolet
for vehicle damage; Bob and Donna Humke for property damage; Bill McGovern for
property damage; Ferd A. Nesler for vehicle damage; Oak Park Place for property
damage; Jeremiah Shanahan for vehicle damage
City Attorney recommending denial of the claim of Jessica Sampson for vehicle damage
Suggested Disposition: Receive and File; Concur
3. Fire Simulators for Training Center
City Manager recommending approval to reimburse the Training Center Task Force
$365,000 for fire simulators which have been installed at the Dubuque County
Firefighters Association Regional Emergency Responders Training Facility.
RESOLUTION Reimbursement of Dubuque County Firefighters Association in the
amount of $365,000.00 for the purchase of equipment for the Joint City/County
Regional Emergency Responder Training Center Project
Suggested Disposition: Receive and File; Adopt Resolution
4. Mediacom
Communication from LeeAnn Herrera, Mediacom, advising of various monthly rate
adjustments.
Suggested Disposition: Receive and File
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5. Heritage Trail Extension: Heron Pond Trail Project
City Manager recommending acceptance of the Heritage Trail Extension: Heron Pond
Trail Project as completed by Tschiggfrie Excavating Co., in the final contract amount of
$292,269.14.
RESOLUTION Accepting the Heritage Trail Extension Project - Phase II from the Heron
Pond Wetlands to the Dubuque Jaycees Trail
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolution
6. University Avenue RCS Storm Sewer Extension Project
City Manager recommending acceptance of the construction contract for the reinforced
concrete box culvert extension of the University Avenue Reconstruction Project in the
final contract amount of $1 ,248,555.21
RESOLUTION Accepting the Reinforced Concrete Box (RCB) Culvert Extension of the
University Avenue Reconstruction Project
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolution
7. 2006 Curb Ramp Installation - CDSG Phase II Project
City Manager recommending acceptance of the 2006 Curb Ramp Installation - CDBG
Phase II Project as completed by Kluck Construction, in the final contract amount of
$21,464.66.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolution
8. Purchase of Property - 1711 Elm Street
City Manager recommending approval of the purchase of property located at 1711 Elm
Street to be used for construction of additional parking at the new Community Health
Center.
RESOLUTION Approving the acquisition of real estate located at 1711 Elm Street in the
City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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9. Iowa Finance Authority Housing Trust Fund Application
City Manager providing information regarding an application to be submitted by
Dubuque's Housing Trust Fund to the Iowa Finance Authority for a Local Housing Trust
Fund grant of $160,000 in support of the Step by Step project.
Suggested Disposition: Receive and File
10. Housing Enterprise Zone Application for Step by Step, Inc.
City Manager recommending approval of a Housing Enterprise Zone Program
Application to the Iowa Department of Economic Development for the Step by Step, Inc.
project.
RESOLUTION Approving a Housing Enterprise Zone Program Application to the Iowa
Department of Economic Development for the Step by Step, Inc. project
Suggested Disposition: Receive and File; Adopt Resolution
11. Theisen's Supply, Inc.
Communication from Jim Theisen, Theisen Supply, Inc., thanking the City Council for
support of their new office warehouse project.
Suggested Disposition: Receive and File
12. Eminent Domain
Communication to area legislators encouraging them to oppose efforts to override
Governor Vilsak's veto of House File 2351, the eminent domain bill.
Suggested Disposition: Receive and File
13. 409 Burch Street (Tabled from June 19, 2006 Meeting)
City Manager recommending that this item be retabled to September 18, 2006.
Suggested Disposition: Receive and File; Table to 9/18/06
14. Agreement with Plastic Center, Inc. and Utility Relocation Agreement with Alliant
Energy
City Manager recommending approval to negotiate and execute an agreement with
Plastic Center, Inc. and a Utility Relocation Agreement with Alliant Energy to facilitate
public improvements for the for the Asbury Road eastbound thru-Iane widening project.
Suggested Disposition: Receive and File; Approve
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15. Consultant Selection for the Utility Expense and Cost Analysis
City Manager recommending approval of the selection of Springsted, Inc. as the
consultant for the Utility Expense and Cost Analysis.
Suggested Disposition: Receive and File; Approve
16. Dubuque Area Labor Management Council Banner
City Manager recommending approval of a banner the Dubuque Area Labor-
Management Council would like to display on the Town Clock.
Suggested Disposition: Receive and File; Approve
17. Dubuque County Board of Supervisors
Communication from the Dubuque County Board of Supervisors submitting concerns
from Dubuque Township Trustees due to development of Asbury Plaza in the City of
Dubuque.
Suggested Disposition: Receive and File; Refer to City Manager
18. Dubuque Shot Tower Archeological Investigation
City Manager recommending of a contract in the amount of $14,315.47 with Great
Lakes Archeological Research Center to perform the Shot Tower Archeological Survey.
Suggested Disposition: Receive and File; Approve
19. Improvement Contracts I Performance, Payment and Maintenance Bonds
-- 2006 Pavement Marking Project
Suggested Disposition: Receive and File; Approve
20. Liquor License Transfers
Request of Dubuque County Historical Society to transfer their liquor license to the lot
north of the Third Street Overpass, area west of Adams Company and area east of
Adams Company for the Taste of Dubuque.
Request of One Flight Up to permanently transfer their liquor license from 44 - 48 Main
Street to 30 Main Street.
Request of the Rotary Club of Dubuque to transfer their liquor license to the Port of
Dubuque on Bell Street for the Rock and Soul Reunion #1 at the Alliant Amphitheater.
Suggested Disposition: Receive and File; Approve Transfers
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21. Business Licenses
RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) to
Dubuque Jaycees for July, August and September
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to House of
China, Walnut Tap, Shannon's Bar and Grill and Tri-State Golf Center; and Class "B"
Wine Permit to Basket Expressions
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1. Residential Parking Permit District - Vizaleea / Keymont Street
City Manager recommending that a public hearing be set for August 7,2006 to consider
a request to form a Residential Parking Permit District in the Vizaleea / Keymont Street
area.
RESOLUTION Setting a public hearing on establishing a Residential Parking Permit
District on Vizaleea Drive from Pennsylvania Avenue to Keystone Drive and on
Keymont Drive from Keyway Drive to its westerly terminus
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/7/06
2. Greater Downtown Urban Renewal Amendment
City Manager recommending that a public hearing be set for August 21, 2006 to
consider an Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District to extend the boundaries of the District.
RESOLUTION Of Necessity finding that the proposed expansion areas of the Greater
Downtown Urban Renewal District are areas meeting the definitions of an economic
development area and that development of said areas is necessary in the interest of the
residents of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/21/06
3. Flora Pool Painting Project
City Manager recommending initiation of the public bidding process for the Flora Pool
Painting Project and that a public hearing be set for August 21,2006.
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
8/21/06
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4. Floodwall Pumping Facility Improvement Projects
City Manager recommending initiation of the public bidding process for the Floodwall
Pumping Facility Improvement Projects and that a public hearing be set for August 21,
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
8/21/06
BOARDS/COMMISSIONS
Appointments to 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 Lives/Works in
Cultural District [Amy Weber], and At Large [Rebecca Fabricius]
Applicants:
Business/Professional: Ellen Hartman Henkels, William Intriligator, Karen Ridings
Business/Professional and Lives/Works in Cultural District: Amy Weber
At Large: Rebecca Fabricius, Ellen Hartman Henkels, Geri Shaffer, John Tilton
Request of William Intiligator to speak to his re-appointment to the Arts and Cultural Affairs
Advisory Commission.
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
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PUBLIC HEARINGS
SUSPEND THE RULES
1. Dubuque Star Brewery Project - Development Agreement
Proof of publication on notice of hearing 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., and City Manager recommending approval.
RESOLUTION Determining that the proposal of Port of Dubuque Brewery
Development, LLC to develop and lease property in the Greater Downtown Urban
Renewal District in the Port of Dubuque in the City of Dubuque, Iowa is in compliance
with the terms of the City's offering for disposition of such property
RESOLUTION Accepting the proposal from Port of Dubuque Brewery Development,
LLC for the lease of property in the Greater Downtown Urban Renewal District in the
Port of Dubuque in the City of Dubuque, Iowa and approving the Development
Agreement and Lease Agreement with Port of Dubuque Brewery Development, LLC for
the lease of the property
Suggested Disposition: Receive and File; Adopt Resolution
2. Giese Manufacturing Company, Inc. - Development Agreement
Proof of publication on notice of hearing to consider disposing of property in the
Dubuque Industrial Center West to Giese Properties, LLC for the purpose of
constructing an 18,000 square foot manufacturing facility and execution of a
Development Agreement and City Manager recommending approval.
RESOLUTION Approving a Development Agreement providing for the sale of Lot 1 of 1
Dubuque Industrial Center West 5th Addition to Giese Properties, LLC
Suggested Disposition: Receive and File; Adopt Resolution
3. Northwest Arterial Bike/Pedestrian Trail Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the Northwest Arterial Bike/Pedestrian Trail Project and City Manager
recommending award of the contract to Drew Cook and Sons Excavating, Inc., in the
amount of $216,832.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding construction contract for the Northwest Arterial Hike-Bike Trail
Project - Phase 1
RESOLUTION Approving construction contract with Drew Cook and Sons Excavating,
Inc. for the Northwest Arterial Hike-Bike Trail Project - Phase 1
Suggested Disposition: Receive and File; Adopt Resolutions
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4. Paint Ham House Trim Project
Proof of pUblication on notice of hearing to consider adoption of the plans and
specifications for the Paint Ham House Trim Project and City Manager recommending
award of the contract to John C. Kaiser Company in the amount of $35,850.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION Approving construction contract with John C. Kaiser Company for the
Paint Ham House Trim Project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1. Convention and Visitors Bureau
Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors
Bureau, to present quarterly report.
Suggested Disposition: Receive and File
2. John and Sally Jo Herrig - Request to Rezone (First Reading on July 5, 2006)
Communication from William L. Breitbach, owner of property adjacent to the John and
Sally Jo Herrig property, in support of the proposed rezoning and annexation.
Communication from Elaine and Raymond Backes requesting that the commercial
zoning be kept next to the Corey property.
Communication from Eileen and Douglas Coates, 13102 Derby Grange Road, in
opposition to the proposed rezoning.
Communication from Mary Jean and Steve Reding, 13918 Surrey Lane, in opposition to
the proposed rezoning.
Communication from Richard and Esther Farnum, 13717 Derby Grange Road, in
opposition to the proposed rezoning.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located south of
Derby Grange Road from County A1 Agricultural to City AG Agricultural District, R-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
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Material from July 5, 2006 City Council Meeting
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 Van Dee, 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
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.
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
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3. Requests for Voluntary Annexation (Tabled on June 19, 2006)
City Manager submitting the signed Voluntary Annexation Agreements from John and
Sally Jo Herrig and Dean and Patricia Butler and recommending approval of the
voluntary annexations.
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. Dubuque Museum of Art (Tabled on July 5, 2006)
Communication from the Dubuque Museum of Art requesting that 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 or, as an
alternative, that it be amortized over twenty years.
City Manager recommending that the loan agreement be amended to amortize their
balloon payment over fifteen years.
Suggested Disposition: Receive and File; Council
5. Terrace Estates Third Addition - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Terrace
Estates Third Addition.
RESOLUTION Approving the final plat of Terrace Estates Third Addition in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
6. StopNield Sign on Rosedale Avenue
City Manager recommending that the reference to yield signs on Rosedale Avenue at
North Grandview Avenue and at West Locust Street be deleted from the City Code to
allow the installation of stop signs.
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-216 thereof providing for the deletion of yield
signs on Rosedale Avenue at North Grandview Avenue and West Locust Street
Suggested Disposition: Receive and File; Motion B; Motion A
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7. Unified Development Code
City Manager recommending approval of the selection of JEO Consulting Group, Inc. as
the consultant for development of the Unified Development Code.
Suggested Disposition: Receive and File; Approve
8. Blackhawk Area Railroad Coalition (BARC)
Communication from Janet Fisher, Co-Chair of the Blackhawk Area Railroad Coalition,
requesting that the City Council adopt a resolution supporting the BARC's efforts to
reinstate passenger rail service to the area.
RESOLUTION Of support
Suggested Disposition: Receive and File; Adopt Resolution
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.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2005 Code of Iowa
Jeanne F. Schneider
July 13, 2006
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