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9 18 06 Council Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, SEPTEMBER 18, 2006 INVOCATION Reverend Melissa Warren Spoerl, Spiritual Care Coordinator of Hospice of Dubuque PROCLAMATIONS Constitution Week (September 17 - 23,2006) Employ Older Workers Week (September 24 - 30, 2006) Irish Hooley Day (September 24, 2006) World Wide Day of Play (September 30, 2006) Crop Walk Day in Dubuque (October 1, 2006) Mental Health Association Day (October 12,2006) Disability Employment Awareness Month (October, 2006) ~ 1wI~ ~ ~ IWI~ "EJ Constitution Week Errploy Older Workers Week Irish Hooley Day World Wide Day of Play IWlf~ ~ 1wI~ ~ ~ Crop Walk Day Mental Heailh Day Disability Awareness Month 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 8/26; City Council of 8/29, 8/30 and 9/5; Electrical Code Board of 7/26; Zoning Advisory Commission of 9/6 Proof of publication of List of Claims and Summary of Revenues for month ending July 31,2006 Printed Council Proceedings for month of March, 2006 Suggested Disposition: Receive and File; Approve as Printed ~ ~ rWl~ "E..I ~ "E..I ~ ~....: G Airport City Council of 8/29 City Council of 8/30 City Council of 9/5 Electrical Code ad Zoning ~ Council Proceedings 2. Notice of Claims/Suits Theresa M. Clasen for vehicle damage; David and Judith Tully for vehicle damage; J. Thomas Zaber, et al vs. City of Dubuque 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: Theresa M. Clasen for vehicle damage City Attorney recommending that the claim of Judith Tully be referred to Selco, Inc. Suggested Disposition: Receive and File; Concur IW IW Claim; -ICAP Claim - Referral 3. Fiscal Year 2006 Street Finance Report City Manager recommending approval of the City of Dubuque's Fiscal Year 2006 Street Finance Report for submittal to the Iowa Department of Transportation. RESOLUTION Approving the City of Dubuque Fiscal Year 2006 Street Finance Report Suggested Disposition: Receive and File; Adopt Resolution 2 ~ iWl1'l 'E.I ~ 'E.I Ii Report - MVM Merro Report - Staff Merro Report - Resolutkm Street Finance Report 4. Federal Recreation Trail Grant City Manager recommending approval of an application to the Iowa Department of Transportation for a Federal Recreational Trails grant in the amount of $342,000 for Phase 2 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail Project. RESOLUTION Approving the submittal of an application for Federal Recreational Trails Program Funding to the Iowa Department of Transportation for Phase 2 of the Iowa 32 (Northwest Arterial) bike/hike trail Suggested Disposition: Receive and File; Adopt Resolution 1wI~ 'E.I 1Wi]1 'E.I 1wI\!"l 'E.I IW!\!"l 'E.I Iii Iii Iowa 32 - MVM Merro Iowa 32 - Staff Iowa 32 - Resolutkm Trail Grant Merro Applicatkm Bike-Hike Trail Map Trail- Cost Estirrate 5. McGraw-Hili Storm Sewer Extension City Manager recommending approval to negotiate a contract with WHKS & Company for a lump sum fee of $8,700 for engineering and survey services to facilitate the timely design of the storm sewer to be extended to the west from Bell Street, south of the McGraw-Hili property and north of 5th Street. Suggested Disposition: Receive and File; Approve ~ ~. ~ Ii Ii McGraw-Hili - MVM Merro McGraw-Hili - Staff Merro McGraw-Hili - Drawing WHKS Agreerrent 6. Certified Local Government (CLG) Grant City Manager transmitting the final version of the grant application to the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local Government (CLG) Grant to conduct the Phase I Archeological Survey at Four Mounds Estates. Suggested Disposition: Receive and File; Approve ~ ~ CLG - Staff Merro g Ii CLG - MVM Merro CLG Applk:atkm Four Mounds - Project Area 3 7. Community Development Block Grant Report City Manager submitting the United States Government Accountability Office report to Congressional Committees regarding Community Development Block Grants, which mentions the City's Heartland Financial project. Suggested Disposition: Receive and File ~ ~ ~ CDBG Report - MVM Merro GAO Report 8. Consolidated Annual Performance and Evaluation Report (CAPER) City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2005 through June 30, 2006, which is required by the regulations governing the Community Development Block Grant (CDBG) Program. RESOLUTION Authorizing the submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the period commencing July 1, 2005 and concluding June 30, 2006 Suggested Disposition: Receive and File; Adopt Resolution ~ ~ rWf."'" ~ ljj) ljj) ~ CAPER - MVM Merro CAPER - Staff Merro CAPER - Resolution FY 2006 Exp SUlllTl3ry FY 2006 CAPER CDBG Quarter~ SUlllTl3ry Report ~ FY 2006 Narrat"e Report 9. Dubuque Metropolitan Area Solid Waste Agency City Manager recommending approval of the Administration, Operation and Maintenance of Solid Waste Facilities and Services Agreement with the Dubuque Metropolitan Area Solid Waste Agency. RESOLUTION Approving Administration, Operation and Maintenance Agreement between the City of Dubuque and the Dubuque Metropolitan Area Solid Waste Agency Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ ra DMASWA - MVM DMASWA - Staff DMASWA - DMASWA Agreerrent DMASW A 28E Merro Merro Resolution Agreerrent 4 10. Comprehensive Solid Waste Management Plan Update City Manager recommending concurrence and approval of the Dubuque Metropolitan Area Solid Waste Agency's 2006 Comprehensive Solid Waste Management Plan Update. RESOLUTION Approval of the Dubuque Metropolitan Area Solid Waste Agency's Comprehensive Solid Waste Management Plan Update Suggested Disposition: Receive and File ~ ~ Update - Staff Merro iwI~ ~ iwI~ ~ Update - MVM Merro Update - Resolution 2006 Corrp P"n Update 11. Targeted Jobs Withholding Tax Credit Application City Manager recommending approval of a Resolution of Support and an application to the Iowa Department of Economic Development for the Targeted Jobs Withholding Tax Credit Program for pilot project status. RESOLUTION Endorsing an application for the Iowa Department of Economic Development Targeted Jobs Withholding Tax Credit Program Suggested Disposition: Receive and File; Adopt Resolution iwI~ ~ ~ ~ Jobs - MVM Merro Jobs - Staff Merro Jobs - Resolution 12. 409 Burch Street (Tabled from July 17, 2006 Meeting) City Manager recommending that this item be retabled to October 16, 2006. Suggested Disposition: Receive and File; Table to 10/16/06 iwI>!1 ~ ~ 409 Burch - Staff Merro Ii Ii 409 Burch - MVM Merro 409 Burch - Pictures 409 Burch -lirreline 13. Klauer Manufacturing Company City Manager recommending that the City Council receive and file the acknowledgement executed by him for the five year lease extension between the City and Klauer Manufacturing Company for the period December 1, 2006 through November 30, 2011. Suggested Disposition: Receive and File 5 1Wt~ ~ ~ fJl fJl ~auer - MVM Merro ~uer - Staff Merro Lease Acknowledgerrent Resolution 350-81 14. Citizen Communication Communication from Tim Patterson, 1882 White Street, requesting that the City enact an ordinance to allow urban chickens within the City limits. Suggested Disposition: Receive and File; Refer to City Manager fJl Patterson Ur 15. Purchase of Property City Manager recommending approval to purchase a residential dwelling located at 1721 Elm Street to be used for the parking lot next to the new Community Health Center. RESOLUTION Approving the acquisition of real estate located at 1721 Elm Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ ~ Purchase - MVM Merro Purchase - Staff Merro Purchase - Resolution 16. Key City Properties, LLC - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of property located on North Cascade Road in Dubuque County, Iowa as requested by Mike Stecher/Key City Properties, LLC. Suggested Disposition: Receive and File; Approve ~ ra Plat - ZAC lir Key City - Application ra ~ ra Key City - V~inity Key City - Staff Key City - Final Plat Map Report 6 17. Human Rights Commission Communication from Dave Loney resigning his position on the Human Rights Commission effective September 11, 2006. Suggested Disposition: Receive and File ril umeyUr 18. Distinguished Budget Presentation Award City Manager advising that the City has been notified by the Government Finance Officers Association of the United States and Canada that we are the recipient of the Distinguished Budget Presentation Award. Suggested Disposition: Receive and File ril GFOA Ur 19. Dubuque County Historical Society City Manager recommending that the City Council endorse a resolution of support for the Dubuque County Historical Society's application to Vision Iowa for $5 million to develop the RiverMax Theater and Great Rivers Center at the former Adams Company site. RESOLUTION Endorsing application Suggested Disposition: Receive and File; Adopt Resolution ~ ~ EJ ~ DCHS - MVM Merro DCHS Ltr DCHS - Resolution 20. First Supply, LLC City Attorney recommending approval of a Construction Work and Tenants Affidavit and Recording Gap Indemnity for First Supply, LLC and authorize the Mayor to sign the documents. Suggested Disposition: Receive and File; Approve Ii First Supply - BAL Ur ril First Supply Affidav" 7 21. Contracts Contracts the City Manager has signed: -- Port of Dubuque Design Review Approval Letter -- Contract Amendment - Shot Tower Archeological Investigation Suggested Disposition: Receive and File fli III Port of Dubuque Shot Tower 22. Improvement Contracts / Performance, Payment and Maintenance Bonds -- Flora Pool Painting Project -- Floodwall Pumping Facility Improvement Projects Suggested Disposition: Receive and File III frtj Flora Pool Fbodwall 23. Business Licenses RESOLUTION Granting the issuance of one new license to sell cigarettes and cigarette papers within the City RESOLUTION Granting the issuance of a Class "B" Beer (Five-Day Special Event) to Dubuque Jaycees; and Class "C" Beer Permit to Ron's Discount Smokes and Eagle Country Market RESOLUTION Granting the issuance of a Class "B" Liquor License to Hilton Garden Inn/Houlihan's, Class "B" Beer/Liquor License to Los Aztecas Mexican Restaurant, Carlos O'Kelly's, The Grand Tap, Bulldog Billiards, Happy's Place, A & B Tap, Fat Tuesday's, National Mississippi River Museum; and Class "B" Wine Permit to Eagle Country Market Suggested Disposition: Adopt Resolutions ~ ~ ~ fli Resolution # 1 Resolution #2 Resolution #3 Poke Reports 8 ITEMS TO BE SET FOR PUBLIC HEARING 1. Fiscal Year 2007 Budget Amendment City Manager recommending that a public hearing be set for October 2, 2006 to consider approval of the first amendment to the Fiscal Year 2007 budget. RESOLUTION Setting date of hearing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/2106 ~ Iiii]'l..... EJ fJ ~ ~ Budget - MVM Merro Budget - Staff Merro Budget - Resolution Arrendrrent #1 Detail Arrendrrent - State Form 2. Eagle Point Park Concrete Work Project City Manager recommending initiation of the public bidding process for the Eagle Point Park Concrete Work Project and that a public hearing be set for October 16, 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 10/16/06 ~ ~ ~ Eagle Point - MVM Merro EPP Concrete - Staff Merro EPP Concrete - Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old Main District and one unexpired three-year term through 7/1/08 - Langworthy District) Application: Robert McCoy - Old Main District Appointments to the following Boards/Commissions: Airport Commission (One four-year term through 9/14/10 - Term of Accinelli) Applicants: Steven R. Accinelli, Eric R. Savage Environmental Stewardship Advisory Commission (One vacant three-year term through 10/1/09) Applicant: Gayle Case I 9 Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old Main District and one unexpired three-year term through 7/1/08 - Langworthy District) Applicant: Keisha Wainwright - Langworthy District ~ ~ fi Ii fi Ii Overview Sheet Bd and Conrn List HPC Application Airport Applications ESAC Application HPC Applicatk>n PUBLIC HEARINGS SUSPEND THE RULES 1. 2690 Rockdale Road - Request for Voluntary Annexation / Rezoning Proof of publication on notice of hearing to consider a request from Dubuque Bank and Trust Company to rezone property located at 2690 Rockdale Road from County B-1 Business District to City C-3 General Commercial District in conjunction with annexation to the City of Dubuque and Zoning Advisory Commission recommending approval. City Manager recommending approval of the voluntary annexation request of Dubuque Bank and Trust for property located at 2690 Rockdale Road, in conjunction with rezoning. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2690 Rockdale Road from County B-1 Business District to City C-3 General Commercial District concurrent with annexation RESOLUTION Approving application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution ~ fi Ii Iiifi"1 U ~ DB& T Rezoning - DB & T - Applicatk>n ZACUr DB & T - Vicinity Map DB & T - Staff Report DB & T - Ordinance ~ Suggested Motion ~ ~ ~ ~ ~ ~ - Annexation - MVM Annexation - Staff Annexation - Annexation - Staff Annexation - DB&T DB&TAnnexation Mel11) Mel11) Resolution Report Ur Map 10 Annexation Request Material from August 21,2006 City Council Meeting ~ ~ Iiili\'i.... ': LJ II Ii Annexation - MVM Merro Annexation - Staff Merro Annexation - Staff Report DB&T Ltr Annexation - VICinity Map 2. 1098 Jackson Street - Request to Rezone Proof of publication on notice of hearing to consider a request from Mary and Stuart Mabusth to rezone property located at 1098 Jackson Street from HI Heavy 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 hereinafter described property located at 1098 Jackson Street from HI Heavy Industrial District to C-4 Downtown Commercial District Suggested Disposition: Receive and File; Motion B; Motion A ~ '" m ~ ~ ~ ~ 1098 Jackson - ZAC Mabusth - 1098 Jackson - 1098 Jackson - Staff 1098 Jackson - Suggested Motion Ltr Application Vicinity Map Report Ordinance 3. 1331 Rockdale Road - Request to Rezone Proof of publication on notice of hearing to consider a request from Chad Leitch I Garry and Jeanne Heiar to rezone property located at 1331 Rockdale Road from R-1 Single- Family Residential District to R-2 Two-Family Residential District 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 at 1331 Rockdale Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A ~ II II ~ ~ ~ 1331 Rockdale - ZAC Heier - Application 1331 Rockdale - 1331 Rockdale - 1331 Rockdale - Suggested Motion Ltr VICinity Map Staff Report Ordinance 4. Pyatigorsk Park Parking Lot Project Proof of publication of notice of hearing to consider adoption of the plans and specifications for the Pyatigorsk Park Parking Lot Project and City Manager recommending award of the contract to River City Paving in the amount of $40,700. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract 11 RESOLUTION Approving construction contract with River City Paving for the Pyatigorsk Park Parking Lot Project Suggested Disposition: Receive and File; Adopt Resolutions fW1~ E fW1~ EJ ~' .-= - Pyat~orsk - MVM Merro Pyatigorsk - Staff Merro Pyat~orsk - Resolutions Material from August 21, 2006 City Council Meeting li[J ~ ~ Pyat~orsk - MVM Merro Pyat~orsk - Staff Merro Pyat~orsk - Resolutions 5. Asbury Road Eastbound Lane Widening Project Proof of publication of notice of hearing to consider adoption of the plans and specifications for the Asbury Road Eastbound Lane Widening Project and City Manager recommending award of the contract to Horsfield Construction, Inc., in the amount of $243,054.80 RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Horsfield Construction, Inc., for the Pyatigorsk Park Parking Lot Project Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ 1:J fJ Ii Asbury Rd - MVM Merro Asbury Rd - Staff Merro ASbury Rd - Resolutions Asbury Rd - Bid Tab Material from August 21, 2006 City Council Meeting ~ ~ ~ Widening - MVM Merro Widening - Staff Merro Widening - Resolution REINSTATE THE RULES 12 ACTION ITEMS 1. German Bank Building City Manager recommending approval of a letter of commitment for a Downtown Rehabilitation Loan of $300,000, a $10,000 fa~ade grant and a $10,000 design grant for John Gronen, Michael Steele and Steve Althoff to support their rehabilitation of the former German Bank Building at 342 Main Street. RESOLUTION Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan to the German Bank Project Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ l:d II Gerrran Bank - MVM Gerrran Bank - Staff Gerrran Bank - Gerrran Bank - Ur of Gerrran Bank- Merro Merro Resolution Cormltrrent Application 2. Downtown Rehabilitation Loan City Manager recommending approval of a Development Agreement for Hartig Realty to support the rehabilitation of the former Hartig Drug Store at 703 Main Street. RESOLUTION Approving a Development Agreement for the former Hartig Drug Store project Suggested Disposition: Receive and File; Adopt Resolution ~ ~.. E!J fJ II ~ Hartig - MVM Merro Hartig - Staff Merro Hartig - Resolution Hartig Ur / Material Hartig - !lev Agr 3. Dubuque County Friends of Extension Communication from Richard and Esther Farnum, Co-Chairs of Dubuque County Friends of Extension, requesting a resolution of support from the City Council for passage of Public Measure D on the November t~ ballot. Suggested Disposition: Receive and File; Council Ii Friends Ltr 13 4. Environmental Stewardship Advisory Commission Communication from Michael Buelow, Chair of the Environmental Stewardship Advisory Commission, recommending that two additional youth representatives be added to the membership of the Commission. Suggested Disposition: Receive and File; Council ~" ,_:= .. IiiW'l EJ ESAC Ltr LRPAC Ltr 5. Iowa Great Places Application City Manager recommending approval of a Resolution of Support for the Iowa Great Places Application. RESOLUTION Authorizing an application to the Iowa Department of Cultural Affairs for an Iowa Great Places Grant Suggested Disposition: Receive and File; Adopt Resolution ~ ~ IiVi"iI'l EJ Great Places - MVM Merro Great Places - Staff Merro Great Places - 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. Jeanne F. Schneider September 14, 2006 14