5 1 06 Skeleton Sheet
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CITY COUNCIL REGULAR SESSION, MAY 1, 2006
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
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PRESeNT: MAYOR 800L, COUNCIL MEMBERS BRAIG, Cl':INE, CONNORS, JON'ES,
L Y~H, MICH~SKI
CITY MANAGER VAWMILLlGEN, CITY ATTORNEV1.INDAHL
ABSENT:
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: Father Thomas Rhomberg
PROCLAMATIONS:
KDTH Day
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Historic Preservation ~~nth 1,/ /.:.~~ fi /y~,!/ /
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Mental Health Month
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Parents Who Host, Lose the Most, Don't be a Party to Underage Drinking Month
Building Safety Week
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CONSENT ITEMS
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Connors
Jones
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ic~alski
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Cline
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1. Minutes and Reports Submitted
Arts ands Cultural Affairs Advisory Commission of 2/23; City Council of 4/17; Civil
Service of 3/17; Environmental Stewardship Advisory Commission of 4/4; Housing
Commission of 3/28; Zoning Advisory Commission of 4/5
2.
Proof of publication of City Council Proceedings of 4/3
Suggested Disposition: Receive and File
Notice of Claims/Suits
Joseph Blatz for vehicle damage; Kristy Monahan, et ai, for vehicle damage; Joyce Thul
for personal injury
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney recommending denial of the claim of Leanne Horsfall for property damage
and the claim of Kathy Stump for property damage.
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: Joseph L. Blatz
for vehicle damage; Eugene Monahan for vehicle damage; Joyce Thul for personal
injury
Suggested Disposition: Receive and File; Concur
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3.
Residential Parking Permit District Request
Communication from the residents of Vizaleea and Keymont Drive requesting a
Residential Parking Permit District in that area.
Suggested Disposition: Receive and File; Refer to City Manager
4. Family Self-Sufficiency I Homeownership Program Coordinators
City Manager recommending approval of an application to the U.S. Department of
Housing and Urban Development (HUD) for funds to renew the City's current Family
Self-Sufficiency Program (FSS) Coordinator position and to contract with Iowa State
Extension for services to promote homeownership opportunities for Section 8 Program
families.
Suggested Disposition: Receive and File; Approve
5.
Legislative Correspondence
Communication to area legislators encouraging them to oppose HF 2351 regarding the
use of eminent domain by a municipality.
Communication to officials of the Dubuque Community School District and Holy Family
Catholic School System alerting them of proposed state legislation that could have a
significant, detrimental impact upon their schools and the community.
Communication to area legislators encouraging their opposition to HF 2467 and SF
2361 which would end local franchising and contains no authority to require either wiring
to or any free cable service for public buildings.
Suggested Disposition: Receive and File
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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Teamsters Local Union No. 421
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement with the Teamsters Union.
Suggested Disposition: Receive and File; Approve
7. Notice of Intent to Request Release of Funds - Fiscal Year 2007 CDBG Programs
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for Community Development Block Grant (CDBG) program activities.
6.
RESOLUTION / w f[ Authorizing publication of a Notice of Intent to Request
Release of Funds for certain Community Development Block Grant Projects for Fiscal
Year 2007 (Program Year 2006)
Suggested Disposition: Receive and File; Adopt Resolution
8.
Voluntary Annexation Request - Wendell Corey, Motor City LLC
City Manager recommending that the request of Wendell Corey, Motor City LLC, to
annex eighty acres to the City of Dubuque be referred to him to complete an annexation
agreement.
Suggested Disposition: Receive and File; Refer to City Manager
9.
Voluntary Annexation Request - John W. and Sally Jo Herrig
City Manager recommending that the request of John W. and Sally Jo Herrig to annex
112 aces to the City of Dubuque be referred to him to complete an annexation
agreement.
Suggested Disposition: Receive and File; Refer to City Manager
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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10.
Voluntary Annexation Request - Dean and Patricia Butler
City Manager recommending that the request of Dean and Patricia Butler to annex eight
acres of property to the City of Dubuque be referred to him to complete an annexation
agreement.
Suggested Disposition: Receive and File; Refer to City Manager
11. Pyatigorsk Park Construction Project
City Manager recommending acceptance of the Pyatigorsk Park Construction Project as
completed by Tricon General Construction in the final contract amount of $268,914.76.
RESOLUTION /6 f?
RESOLUTION / -? 0
Accepting improvement
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
12.
Iowa Department of Transportation Sidewalk Assessment
City Manager recommending approval to pay the Iowa Department of Transportation's
assessment for the Asbury Road Sidewalk Installation Project from City funds and that,
in the future, assessment projects not be levied on property owned by the Iowa
Department of Transportation where no building exists.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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13.
Urban Renewal Joint Agreement
City Manager recommending approval of an Urban Renewal Joint Agreement with
Dubuque County permitting the County to exercise urban renewal powers for the
Namasco Company.
RESOLUTION /? / Approving an Urban Renewal Joint Agreement
between the Dubuque County and the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
14. Examining Board
City Manager recommending approval of the appointment of Budget Director Dawn
Lang to the Examining Board.
Suggested Disposition: Receive and File; Approve
15.
Dubuque Regional Humane Society
Communication from the Dubuque Regional Humane Society in opposition to the
proposed rezoning request of Dawne O'Meara, Alter SalvagefTschiggfrie Excavating for
190 North Crescent Ridge.
Suggested Disposition: Receive and File
16. Iowa League of Cities
Communication from the Iowa League of Cities thanking the City for submitting a bid for
the 2010 Annual Conference and Exhibit and advising that Coralville has been selected
as the host for the 2010 Annual Conference and Exhibit. /
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Suggested Disposition: Receive and File 1f /" ''1 I
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17.
Quarterly Investment Report
City Manager transmitting the March 31, 2006 Quarterly Investment Report.
Suggested Disposition: Receive and File
18. 800 MHz Radios
City Manager recommending approval of the purchase of two 800 MHz radios for
Assistant City Manager Cindy Steinhauser and Public Information Officer Randy Gehl.
Suggested Disposition: Receive and File; Approve
19. International City/County Management Association
Communication from the International City/County Management Association (ICMA)
advising that City Manager Michael Van Milligen has been elected as a Regional Vice
President of ICMA.
Suggested Disposition: Receive and File
20.
Business Licenses
RESOLUTION //',;;( Granting the issuance of a Class "C" Beer License to
Hy-Vee Food Store, Casey's General Store #2421, and Casey's General Store #2420
RESOLUTION /7 '5 Granting the issuance of a Class "C" BeerlLiquor
License to Shot Tower Inn, Catfish Charles, Easy Street, Olive Garden, Bartinis and
Tott's Tap; Class "B" Wine Permit to Carroll's Wine Company; and a Class "B" Native
Wine (WB) to Rainbo Oil Company for Kwik Stops at 2150 Twin Valley Drive, 4039
Pennsylvania, 2320 Highway 61,2335 University Avenue, 2255 Kerper Boulevard and
2390 Central Avenue
Suggested Disposition: Adopt Resolutions
AyejS;) Nays
;/ CVConnors
/ Jones
./ Lynch
/ (,:::)Michalski
/ . ~,Braig
/ l:/ Buol
/ Cline
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ITEMS TO BE SET FOR PUBLIC HEARING
!'yes Nays
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1. Ham House Lease Agreement - May 15, 2006
2. Interstate Power Company (Alliant) Easement - May 15, 2006
3. NCR Developers, IncJMartin McNamer - Request to Rezone I Improvements to
North Cascade Road - June 5, 2006
4. Gary and Mary Beth Valentine - Request to Rezone - June 5, 2006
5. Thomas and Sheri Henschel- Request to Rezone - June 5, 2006
6. NCR Developers, Inc./Martin McNamer - Request for Voluntary Annexation - June
5,2006
7. Gary and Mary Beth Valentine - Request for Voluntary Annexation - June 5, 2006
8. Thomas and Sheri Henschel- Request for Voluntary Annexation - June 5, 2006
9. University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project _
June 5, 2006
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ITEMS TO BE SET FOR PUBLIC HEARING
1.
Ham House Lease Agreement
City Manager recommending that a public hearing be set for May 15, 2006 to consider a >j/
new lease for the Ham House with the Dubuque County Historical Society. 11JIf}\
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RESOLUTION /-/7 Fixing date of hearing on lease agreement / c,'
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/15/06
2. Interstate Power Company (Alliant) Easement
City Manager recommending that a public hearing be set for May 15, 2006 to consider
approval of a 100 foot easement to Interstate Power Company (Alliant) in the Port of
Dubuque.
RESOLUTION / ?.:.) - Fixing the date for a meeting of the City Council of the
City of Dubuque, Iowa on the execution of an easement relating thereto with Interstate
Power and Light Company, an Iowa Corporation, and providing for the publication of
notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/15/06
3.
NCR Developers, Inc.IMartin McNamer - Request to Rezone /Improvements to
North Cascade Road
Setting a public hearing for June 5, 2006 to consider a request from NCR Developers,
Inc./Martin McNamer to rezone property located at 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 of with the
condition that the entire area be zoned to R-2. .
Zoning Advisory Commission urging the City Council to expedite roadway
improvements to North Cascade Road and recommending that the improvements occur
concurrently with the proposed residential development.
City Manager recommending that the North Cascade Road project be considered for
future funding opportunities with no changes to the Five Year Street Program.
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
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Suggested Disposition: Receive and File; Public Hearing 6/5/06
Gary and Mary Beth Valentine - Request to Rezone
Setting a public hearing for June 5, 2006 to consider a request from Gary and Mary
Beth Valentine to rezone property located at the southeast corner to 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.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at the
southeast comer of North Cascade Road and Edval Lane from Dubuque County A-1
Agricultural and R-2 Single-Family Residential District to City of Dubuque Moderate
Density Multi-Family Residential District concurrent with annexation
Suggested Disposition: Receive and File; Public Hearing 6/5/06
5.
Thomas and Sheri Henschel- Request to Rezone
Setting a public hearing for June 5, 2006 to consider a request from Thomas and Sheri
Henschel to rezone property located west of Miller Road in Dubuque County from
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 the 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 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; Public Hearing 6/5/06
6. NCR Developers, Inc./Martin McNamer - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 5, 2006 to consider a
request from NCR Developers, Inc.IMartin McNamer to voluntarily annex 181.59 acres
to the City of Dubuque contingent on approval of the development annexation
agreement.
7.
Suggested Disposition: Receive and File; Public Hearing 6/5106
Gary and Mary Beth Valentine - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 5, 2006 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.
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Suggested Disposition: Receive and File; Public Hearing 6/5/06
Thomas and Sheri Henschel - Request for Voluntary Annexation
City Manager recommending that a public hearing be set for June 5, 2006 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.
Suggested Disposition: Receive and File; Public Hearing 6/5/06
9. University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project
City Manager recommending initiation of the public bidding process for the University
Avenue Culvert and Sanitary Sewer Extension Reconstruction Project and that a public
hearing be set for June 5, 2006 to consider adoption of the plans and specifications.
8.
RESOLUTION /??
RESOLUTION /? /'
RESOLUTION /? ~
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/5106
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BOARDS/COMMISSIONS
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Appointments to the following Boards/Commissions:
Housing Code Appeals Board (One unexpired three-year term thrOUgh)/11/08)
Applicant: David Young
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Ayeff) Nays ~
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-y Jones
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I dic~alski
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Long Range Planning Advisory Commission (One unexpired three-year term through
7/1/08)
Applicant Otto Krueger
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Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
TV Cable Regulatory Commission (One unexpired three-year term through 6/30/07)
Applicant: Kevin R. Stevens
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
. Cline
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PUBLIC HEARINGS
SUSPEND THE RULES
Ayes Nays
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1.
Fiscal Year 2006 Budget Amendment
Proof of publication on notice of hearing to consider the second amendment to the
Fiscal Year 2006 budget and City Manager recommending approval.
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RESOLUTION /7 f?
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Amending the Fiscal Year 2006 Budget for the City of
Aye~:L Nays
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Buol
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A.Y. McDonald Park Development- Phase II Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the A.Y. McDonald Park Development - Phase II Project and City
Manager recommending award of the contract to Portzen Construction, Inc., in the
amount of $849,653.90.
RESOLUTION / XO
RESOLUTION /!? /
RESOLUTION /8c2/
Construction, Inc.
Adopting plans and specifications
Awarding contract
Approving construction contract with Portzen
Suggested Disposition: Receive and File; Adopt Resolutions
AY~ Nays
./. i Connors
./ Jones
/ Lynch
/ Michalski
/ Braig
/ Buol
Cline
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REINSTATE THE RULES
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ACTION ITEMS
. 1.
Request to Rezone - 3219 Asbury Road (First Reading on 4117/06)
ORDINANCE 30 -cJ t:, Amending Appendix A (the Zoning Ordinance) ofthe II'
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City of Dubuque Code of Ordinances by reclassifying hereinafter property located at i '}
3219 Asbury Road from R-2c Two-Family Residential District, with conditions, to OS 1/'
Office Service District
Suggested Disposition: Receive and File; Concur with Denial 2!: Motion B; Motion
A (Super Majority Vote Necessary)
/' Aye".~ Nays
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Proposed Hunting Ordinance (Third Reading Reconsidered at April 17, 2006
Meeting)
City Manager submitting the revised ordinance to allow hunting and target practice on
agricultural property of more than ten acres with the City limits with the approval of the
City Manager on a case-by-case basis.
Request of David S. Hartig, Jr. and his legal counsel to address the City Council
regarding the proposed hunting ordinance.
ORDINANCE 3/- (} t:::. Amending the City of Dubuque Code of Ordinances,
Chapter 33, Offenses and Miscellaneous Provisions, by adopting a new Section 33-17
Hunting and Target Practice Permitted, authorizing the City Manager to issue an annual
permit to a property owner allowing hunting and target practice within the corporate
limits of the City under certain conditions
Suggested Disposition:
Receive and File; Motion B; Motion A ~
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Ethanol and Biodiesel Plants
City Manager recommending approval of implementing a moratorium on the
construction of ethanol and biodiesel plants within the City limits of Dubuque for six
months.
ORDINANCE , 9'r9 -0 b Amending the City of Dubuque Code of Ordinances by
adopting a new Section 11-58.6 Prohibiting the Issuance of Building Permits for the
Construction of Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants and
Biodiesel Processing Facilities
Suggested Disposition: Receive and File; Motion B; Motion A 16
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Iowa Sister S1ates
Communication from Cyndi Chen, President of the Board of Directors of Iowa Sister
States, reporting on activities of the organization and requesting support.
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Contracts and Leases (/ p'
City Manager recommending approval of a resolution authorizing the City Manager to
execute contracts and leases on behalf of the City,
Suggested Disposition: Receive and File
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RESOLUTION / ~3 Authorizing the City Manager to execute contracts
and leases on behalf of the City of Dubuque
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Suggested Disposition: Receive and File; Adopt Resolution
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Sister City Committee
Communication from Jeffrey L. Walters regarding City Council representation on the
Sister City Committee.
Suggested Disposition: Receive and File; Council
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concem 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.
Motion to adjourn at
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