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
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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
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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
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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
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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
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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)
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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
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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
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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
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