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9 18 06 Skeleton Sheet , . CITY COUNCIL REGULAR SESSION, SEPTEMBER 18, 2006 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITO~M PRESj;:NT: MAyn~UOL. ' COUNCIL MEMBERS ~~IG, C~E, CON/ORS, JONES, L YNJZM, MICH1'GKI . / CITY MANAGER VA~ILLlGEN, ASSISTANT CITY ATTORN~ O'BRIEN ABSENT: \JJ 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: Reverend Melissa Warren Spoerl, Spiritual Care Coordinator of Hospice of Dubuque PROCLAMATIONS: . o ' ' ~ / // ~~p~"J Employ Older Workers Wee <'_~ ~J_~~~~~ Irish Hooley Day, ,,~ c7<~ r-rJ-r- ~~ cJ ~c?~ World Wide Day of Play --- Constitution Week Crop Walk Day in Dubuque Mental Health Association Day ~ O;ubmty Employment Awa.. ~ MO~~ - c7.Y A'd-#J ~O~ . . . . CONSENT ITEMS v:~~ ~es Nays . . Braig / (.)Buol / iYCline ~'.. Connors / / ~Jones / , ~ ynch I Michalski 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 2. Suggested Disposition: Receive and File; Approve as Printed 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 claims have 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 Sel<j' Inc. Suggested Disposition: Receive and File; Concur J 1[, / d 2 .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. /l RESOLUTION </:3~ Approving the City of Dubuque Fiscal Year 2006 Street Finance Report Suggested Disposition: Receive and File; Adopt Resolution 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 //3./ 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 5. Suggested Disposition: Receive and File; Adopt Resolution 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 Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 3 '.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 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 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 .y3 ~ 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 Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 4 ,.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 7"35 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 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 ij 3C:; Approval of the Dubuque Metropolitan Area Solid Waste Agency's Comprehensive Solid Waste Management Plan Update Suggested Disposition: Receive and File 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 ij 3 7 Endorsing an application for the Iowa Department of Economic Development Targeted Jobs Withholding Tax Credit Program Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 5 e 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 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 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 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. 15. . e RESOLUTION q"q I Approving the acquisition of real estate located at 1721 Elm Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 6 . 16. 17. 8 19. . . 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 Human Rights Commission Communication from Dave Loney resigning his position on the Human Rights Commission effective September 11, 2006. Suggested Disposition: Receive and File 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 Dubuque County Historical Society City Manager recommending that the City Council approve 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 ~3' 9 Endorsing application Suggested Disposition: Receive and File; Adopt Resolution ) 1 g / /,yeG: . Nays / ralg /'; Buol I Cline I (I). / Connors /. Jones cy / / Lynch f / Michalski . ~d 7 . 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 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 22. Improvement Contracts I Performance, Payment and Maintenance Bonds -- Flora Pool Painting Project -- Floodwall Pumping Facility Improvement Projects Suggested Disposition: Receive and File 23. . Business Licenses RESOLUTION //<'/{'} Granting the issuance of one new license to sell cigarettes and cigarette papers within the City RESOLUTION ij~ / 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 1/"/;;2/ 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 Ayes Nays Braig Buol Cline Connors Jones Lynch . Michalski 8 . . . ITEMS TO BE SET FOR PUBLIC HEARING Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 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 //-'/:3 Setting date of hearing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1 0/2/06 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 .1/,,/'':/ RESOLUTION L-/'-'I5 RESOLUTION y<7:" 6 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 10/16/06 ...Ayes Nays // Braig //"" /.1Buol /" WCline :;; Connors /, dones / ~ynch ~ Michalski 9 --- . 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 7/1/0B - Old Main District and one unexpired three-year term through 7/1/0B - 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 Michalski Environmental Stewardship Advisory Commission (One vacant three-year term through 10/1/09) Applicant: Gayle Casel . /Ayes /' j ~ ~. Nays Braig Buol Cline Connors ~Jones Lynch 7 Michalski Historic Preservation Commission (One unexpired three-year term through 7/1/0B - Old Main District and one unexpired three-year term through 7/1/0B - Langworthy District) Applicant: Keisha Wainwright - Langworthy District . AYe~ Nays '/ - e; Braig Buol o Cline / / Connors /; .. Jones ! /.' ~!,nch / [!/Michalski 10 ylJ /fi01 e e e PUBLIC HEARINGS SUSPEND THE RULES ~yes Nays 1;. Braig / ~UOI / line 1/ Connors /1/. Jones I / /,') Lynch / L!/ Michalski ,~& {;, 1. 2690 Rockdale Road - Request for Voluntary Annexation I 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 ij-!7 Approving application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution jL ;1 ~es Nays -?/ Braig / / Buol /;~Cline ~. .../ onnors / ones Lynch Michalski 11 . /Ay~) . Nays 1/ 81Bra,g / I Buol /. Cline II.. ()connors I , Jones 1 Lynch Michalski Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski . Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski . 12 .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 Streetfrom HI Heavy Industrial District to C-4 Downtown Commercial District and Zoning Advisory Commission recommending approval. ORDINANCE ,9;2./ 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 /q ,:; [/ /f'yel!l) Nays v / lYBraig //'@BUOI / / / Cline / / . Connors 'i: Jones / / Lynch / Michalski vJ ?yet;)L . Nays '/ ~ralg . /, Buol / / Cline / / Connors / Jones / .@Lynch / Michalski 13 .3. . . 1331 Rockdale Road - Request to Rezone Proof of publication on notice of hearing to consider a request from Chad Leitch / 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 6,3 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 / Ayes Nays "/ Braig ~. f)~~~~ / / Connors ~/ ~~~:~ / Michalski .' /) ~ )Y~) . Nays /' 81' Bralg '/ Buol /.. Cline / (]) Connors / Jones /, Lynch / Michalski (J 14 . 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 L/-'l5 Adopting plans and specifications RESOLUTION ,y"/f Awarding contract RESOLUTION 1/!5{) Approving construction contract with River City Paving for the Pyatigorsk Park Parking Lot Project Suggested Disposition: Receive and File; Adopt Resolutions Ay. es Nays ,/ . Braig ./ Buol /&Cline ~/ Connors / , Jones //' Lynch Michalski 15 .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 .tT'.5' / RESOLUTION "-1..:;'(2/ Adopting plans and specifications Awarding contract RESOLUTION .!12..~") Approving construction contract with Horsfield.~ ' /J Construction, Inc., for the ~rfll( r~rk . ot Pj;qject .J /~./ /t~< ;c'A.' _a4~'(.f ~ Suggested DiSPosition:ReceiV~ i1e; Adopt Resolutions ~~ ~es Nays . / Braig / / Buol ~/ al.Cline /' ~onnors /. Jones // Lynch Michalski REINSTATE THE RULES AN&~l Nays //~ Braig //;' Buol Cline /j/)Connors //': ,Jones / /Lynch / Michalski 16 - e . ACTION ITEMS 1l' 1. German Bank Building City Manager recommending approval of a letter of commitment for a Downtown Rehabilitation Loan of $300,000, a $10,000 facade 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 L,I:5 Y 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 AYes Nays '//- Braig / / ;;)BuOI / . DCline /~/a onnors // /L'l"~ones Lynch Michalski 17 . . . ~~X-~~/f / ;~.>~/ De',..ntown-Rel'clbiliIct60n I:oan / /- City Manager recommending approval of a evelopment Agreement for Hartig Realty to support the rehabilitation of the former Hartig Drug Store at 703 Main Street. RESOLUTION L/5" 5 Approving a Development Agreement for the former -J Hartig Drug Store project ~ . Suggested Disposition: Receive and File; Adopt Resolution 1u 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 ~/ pi}? 2. / Ayes Nays ;: Braig , / Buol '/; DCline j/ Connors / ~ Jones . (:I' Lynch / Michalski 3. Suggested Disposition: Receive and File; Council Ayes Nays / Braig / Buol / ,0j'pline // ~fonnors .. L~Jones / . Lynch / Michalski 18 , .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. ') c4/ membership of the Commission. ' ')J f II ;J / AY~ . Nays / cV' Bralg / Buol Cline /. Connors '/ Jones . Lynch / (!) Michalski Ayes Nays Braig Buol Cline Connors Jones Lynch Michalski 19 ) . ) /~ P J W\\ ' x' j \j (L f 1 JVv J~ , ~ '/ ' ~'~ ~ . . \~"' . l I I "0! ~) I . I ~" ~ f' ~. f . . .5, . . r~ Iowa Great Places Application City Manager recommending approval of a Resolution of Support for the Iowa Great Places Application. RESOLUTION "/5? Authorizing an application to the Iowa Department of Cultural Affairs for an Iowa Great Places Grant Suggested Disposition: Receive and File; Adopt Resolution ~es Nays /' Braig . Buol 1/ Cline '// /. ,1):onnors (JJ~ones //' Lynch Michalski 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. ?';30 ~ , w! ft/) tJP{f l~{! 20