Loading...
12 18 06 Agenda No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 4:45 P.M. - FEDERAL BUILDING RENOVATION PROJECT 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, DECEMBER 18, 2006 INVOCATION Dr. Winston Persaud, Professor of Systematic Theology - Wartburg Theological Seminary 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 Co~sent Agenda for separate discussion and consideration. , , { _.- .'.~_., ,.-' 1. Minutes and Reports Submitted . Cable TV Teleprogramming Commission of 9/12; City Council of 12/4 and 12/11; Civil Service Commission of 10/30; Environmental Stewardship Advisory Commission of - 11 n; Historic Preservation Commission of 11/16; Library Board of 9/28, 10/16 and- 10/26; Zoning Advisory Commission of 12/6; Zoning Board of Adjustment of 11/22 . Proof of publication of List of Claims and Summary of Revenues for month ended October 31,2006 Printed City Council Proceeding,s for month of Sept:~b.er, 2006 Library Board of Trustees' Update from Nove'mber 1~ 2006 meeting Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Suits Joann Francois for personal injury; Amy J. Kress-Jordan for vehicle damage; Troy Lampers for vehicle damage; Kathryn E. Rupp for vehicle damage 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: Joan Francois for personal injury Suggested Disposition: Receive and File; Concur 3. East Central Intergovernmental Association East Central Intergovernmental Association Fiscal Year 2006 Annual Report. Suggested Disposition: Receive and File 4. 409 Burch Street (Tabled on November 6, 2006) City Manager recommending that this time be retabled to June 4,2007. Suggested Disposition: Receive and File; Table to 6/4/07 5. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development regarding the City's Consolidated End-of-Year Review - Program Year 2005. Suggested Disposition: Receive and File 6. Grandview Avenue Section Repair City Manager recommending acceptance of the Grandview Avenue Section Repair Project as completed by Horsfield Construction, Inc., in the final contract amount of $65,973.88. RESOLUTION Accepting the 2006 Grandview Avenue Concrete Section Repair Project RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 7. Custer/Allison-Henderson Se"Yer and Detention Basin Project City Manager recommending acceptance of the Custer/Allison-Henderson Sewer and Detention Basin Project as completed by McDermott Excavating in the final contract amount of $224,057.14. RESOLUTION Accepting the Custer/Allison-Henderson Sewer and Detention Basin Project RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 8. Oak Park Place - Acceptance of Public Improvements City Manager recommending acceptance of the public improvements that the developer, Oak Park Place of Dubuque, LLC, recently completed in Oak Park Place. RESOLUTION Accepting public improvements in Oak Park Place Suggested Disposition: Receive and File; Adopt Resolution 2 9. Shady Oaks Subdivision City Manager recommending acceptance of the public improvements that the developer, Tschiggfrie Excavating Co., has recently completed in Shady Oaks Subdivision and an adjacent development in Lot 7 of Mt. Carmel Heights. RESOLUTION Accepting public improvements in Shady Oaks Subdivision including an extension into Carmel Heights Suggested Disposition: Receive and File; Adopt Resolution 10. Contract Termination Agreement - Tricon General Construction, Inc. City Manager recommending approval of the Termination Agreement for the Construction Contract between the City of Dubuque, Iowa and Tricon General Construction for the National Mississippi River Museum and Aquarium Expansion Project - former Adams Company Building Re-Roof and Structural Repairs and authorize the City to compensate Tricon for all related expenses incurred in the amount of $90,583, for which the City will be fully reimbursed by the Dubuque County Historical Society. Suggested Disposition: Receive and File; Approve 11. 2006 Sidewalk Assessment Project City Manager recommending that assessments in the amount of$19,396.36 be levied against fifteen parcels of property as part of the 2006 Sidewalk Assessment Project. RESOLUTION Adopting the final assessment schedule for the 2006 Sidewalk Assessment Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution 12. Eagle Point Bluff Scaling and Tree Removal Project City Manager submitting a response to Richard Vorwald's concerns regarding the Eagle Point Bluff Scaling and Tree Removal Project and recommending that the City proceed with the project. Suggested Disposition: Receive and File 13. Legislative Correspondence Communication to area legislators requesting their support for continued funding of the Community Development Block Grant program. Communication to area legislators requesting their support in restoring the funding cuts that the Clean Water State Revolving Loan Fund (SRF) has taken in recent years. Suggested Disposition: Receive and File 3 14. Delinquent Refuse, Sewer and Stormwater Management Accounts City Manager recommending approval of the submission of the delinquent refuse, sewer and stormwater management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION Adopting the Schedule of Assessments for delinquent refuse, sewer and stormwater collection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution 15. Tax Increment Financing Report City Manager submitting the 2006 Annual Tax Increment Financing Report. Suggested Disposition: Receive and File 16. Federal Priorities City Manager recommending approval of the City of Dubuque Priorities and Requests for Federal Appropriations. Suggested Disposition: Receive and File; Approve 17. Durrant Group, Inc. City Manager recommending approval of the submission of a Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of Durrant Group, Inc. Suggested Disposition: Receive and File; Approve 18. Stipulation of Settlement Agreement Notice of Stipulation of Settlement Agreement in the matter of the Hy-Vee Stores, Inc., 2005 Property Tax Protest and City Attorney recommending that the City receive and file the Notice of Stipulation. Suggested Disposition: Receive and File; Approve 19. PEG Access Capital Grant Expenditure City Manager recommending approval of the recommendation from the Cable TV Teleprogramming Commission to approve four requests for funding from the Capital Grant for Access Equipment and Facilities. Suggested Disposition: Receive and File; Approve 4 20. Green Communities Internship Opportunity City Manager recommending approval of an application to the Iowa Department of Natural Resources for the City to host a Pollution Prevention Intern Program (P2) intern to perform environmental assessments at City buildings and facilities. Suggested Disposition: Receive and File; Approve 21. FCC Notice of Inquiry City Manager recommending that the City join a coalition of communities to prepare a stay motion and appeal before the FCC acts to adopt a rule that will most likely have a very negative effect on the Dubuque Cable Franchise. Suggested Disposition: Receive and File; Approve 22. Signed Contracts -- Chaplain Schmitt Memorial Project - Request for Additional Services -- Pyatigorsk Park Parking Lot Project Change Orders Suggested Disposition: Receive and File 23. Improvement Contracts / Performance, Payment and Maintenance Bonds -- US 20 (Devon Drive to Menards) Capacity Improvements Project -- University Avenue Embankment Stabilization Project Suggested Disposition: Receive and File 24. Business License Refund Refund of the Beer and Liquor License for The Bar X, Inc. Suggested Disposition: Receive and File; Approve Refund 25. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette papers within the City to Sam's Club #4973 RESOLUTION Granting the issuance of a Class "B" Beer Permit to UAW Local #94 and one Class "C" Beer Permit to Hy-Vee #2 RESOLUTION Granting the issuance of a Class "B" Liquor License to Julien Inn; Class "C" Beer/Liquor License to The Moracco, Inc.; Class "B" Wine Permit to Hy-Vee #2; and Class "WBN" Wine Permit to Engraved Gift Collection Suggested Disposition: Receive and File; Adopt Resolutions 5 ITEMS TO BE SET FOR PUBLIC HEARING 1. Request to Vacate - Unnamed Street Between 640 and 650 Kane Street City Manager recommending that a public hearing be set for January 3, 2007 to consider a request from Tim Schmit II to vacate and purchase an unnamed street between 640 and 650 Kane Street. RESOLUTION Of intent to vacate and dispose of an unnamed street between 640 and 650 Kane Street in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/3/07 2. Correction Quit Claim Deed City Manager recommending approval of the Correction Quit Claim Deed for Lot 22 of "Glenview", a Subdivision in the City of Dubuque and that a public hearing be set for January 3, 2007 to consider disposing of the property with the corrected legal description. RESOLUTION Of intent to dispose of City interest in Lot 22 of "Glenview" a Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/3/07 3. Eagle Point Rock Bluff Stabilization Project City Manager recommending initiation of the public bidding process for the Eagle Point Rock Bluff Stabilization Project and that a public hearing be set for February 5, 2007. 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 2/5/07 4. Washington Neighborhood Urban Revitalization Area Plan City Manager recommending that a public hearing be set for February 5, 2007 to consider adoption of the Washington Neighborhood Urban Revitalization Area Plan. RESOLUTION Finding that the rehabilitation and conservation of the hereinafter described properties, comprising the Washington Neighborhood Urban Revitalization Area, is necessary in the interests of the public health, safety and welfare of the residents of the City of Dubuque RESOLUTION Acknowledging a proposed plan for the Washington Neighborhood Urban Revitalization Area, and providing for a public hearing Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/5/07 6 BOARDS/COMMISSIONS Appointments to the following Commission: Human Rights Commission (Three 3-year terms through January 1, 2010 - Terms of Giesen, Jackson and Jarrard) Applicants: Mary Coan, Shane Oswald, Gretel Winterwood PUBLIC HEARINGS SUSPEND THE RULES 1. Herrig Voluntary Annexation Proof of publication on notice of hearing to consider approval of the voluntary annexation and annexation agreement of John and Sally Jo Herrig and City Manager recommending approval. RESOLUTION Approving application for voluntary annexation of territory owned by John W. and Sally Jo Herrig Suggested Disposition: Receive and File; Adopt Resolution 2. Dubuque Industrial Center Planned District Communication from Jennifer A. Clemens-Conlon, representing Dubuque Initiatives, withdrawing the requested PUD amendment in the Dubuque Industrial Center Planned District. Proof of publication on notice of hearing to consider a request from Dubuque Initiatives, Horsfield Company/Aaron DeJong, Economic Development Department to amend the Dubuque Industrial Center Planned District to add landscaping requirements and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 34-06 Suggested Disposition: Receive and File; Accept Withdrawal; Concur with Denial; or Motion B/Motion A (Super Majority Vote Necessary) 7 3. 1331 Rockdale Road - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 1331 Rockdale Road from R-2 Two-Family Residential District to R-1 Single-Family Residential District as requested by David Hartig/Gary Heiar 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 Street from R-2 Two-Family Residential District to R-1 Single-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 4. Child Care Resource and Referral - Request for Text Amendment Proof of publication on notice of hearing to consider amending the Zoning Ordinance regulations regarding daycare to be consistent with State of Iowa regulations as requested by Cherie Kennedy/Child Care Resource and Referral and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding child care as an accessory use in the R-1 Single-Family, R-2 Two-Family, R-2A Alternate Two-Family, R-3 Moderate Density Multi-Family, R-4 Multi-Family and OR Office Residential Districts ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances Section 4-7.2, Permitted Home Occupations, deleting day care home as a permitted home occupation ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding a new definition to Section 8 to define child care and licensed child care centers and delete the definition for day care home and group day care center ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Group Day Care to Licensed Child Care Center, and amending the floor area requirements to reflect State Of Iowa regulations in the R-1 Single-Family, R-2 Two Family, R-2A Alternate Two-Family, R-3 Moderate Density Multi-Family, R-4 Multi-Family, OR Office Residential, OS Office Service, OC Office Commercial, C-2 Neighborhood Shopping Center, C-3 General Commercial, C-4 Downtown Commercial, C-5 Central Business, LI Light Industrial, MHI Modified Heavy Industrial, and HI Heavy Industrial Districts. Suggested Disposition: Receive and File; Motion B; Motion A 8 5. Code of Ordinances Proof of publication on notice of hearing to consider adoption of a revised Code of Ordinances and City Manager recommending approval upon completion of a thirty day review period. Suggested Disposition: Receive and File; Approve REINSTATE THE RULES ACTION ITEMS 1. Dubuque County Historical Society City Manager recommending approval to open negotiations with the Dubuque County Historical Society to commit to building a 750-car parking ramp in the Port of Dubuque by 2010 and space for the building of a large format theater and to send a letter to the Vision Iowa Board. Suggested Disposition: Receive and File; Approve 2. Public Nuisance Tax Sales City Manager recommending approval to request the Dubuque County Board of Supervisors adopt an ordinance authorizing the County Treasurer to sell at annual tax sale delinquent taxes on parcels that are abandoned property and that are or may become a public nuisance. Suggested Disposition: Receive and File; Approve 3. AmeriCorps Application City Manager recommending approval of the submission of an application to the Corporation for National and Community Service for Partners in Learning AmeriCorps Program funding. RESOLUTION Approving an application to the Corporation for National and Community Service for AmeriCorps Program funding. Suggested Disposition: Receive and File; Approve 4. Purchase of Property - 346 East 19th Street Ci~ Manager recommending approval of the purchase of property located at 346 East 19t Street for the purpose of demolition as part of the Washington neighborhood revitalization effort. RESOLUTION Approving the acquisition of real estate located at 346 East 19th Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 9 5. Purchase of Property - 141 East 11th Street Cit~ Manager recommending approval of the purchase of property located at 141 East 11 t Street for the purpose of demolition as part of the Washington neighborhood revitalization effort. RESOLUTION Approving the acquisition of real estate located at 141 East 11 th Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 6. Annexation Study City Manager recommending approval for staff to contact the property owners in the six primary areas identified in the Annexation Study Update to gauge their interest in voluntary annexation. Suggested Disposition: Receive and File; Approve 7. National League of Cities Plaque from the National League of Cities honoring the City of Dubuque's participation for the past fifty years. Suggested Disposition: Receive and File 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 December 14, 2006 10