1 16 07 Agenda
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
TUESDAY, JANUARY 16, 2007
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Ed Sheppley, Immanuel Congregational United Church of Christ
OPERATION IRAQI FREEDOM PRESENTATION
BU1 (SCW) Brant Schueller – Water Department
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
City Council of 1/3; Civil Service Commission of 11/17; Enterprise Zone Commission of
12/18; Historic Preservation Commission of 12/21; Long Range Planning Advisory
Commission of 12/20; Zoning Advisory Commission of 1/3; Zoning Board of Adjustment
of 12/21
Proofs of publication of City Council Proceedings of December 18, 2006 and List of
Claims and Summary of Revenues for month November 30, 2006
Suggested Disposition: Receive and File
City CouncilCivil ServiceEnterprise ZoneHPCLRPACZoning Adv Comm
Zoning Bd of Adj
2. Notice of Claims/Suits
Justin Apel for vehicle damage; Nancy Lally for vehicle damage; Harold O. Miller for
vehicle damage
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: Nancy Lally for
vehicle damage; Thomas Schaefer for property damage
Suggested Disposition: Receive and File; Concur
Claims - ICAP
3. Civil Service Commission
Civil Service Commission submitting the Certified List for the position of Equipment
Mechanic.
Suggested Disposition: Receive and File; Make a Matter of Record
Equipment Mechanic
Ltr
4. WCB Hotels, Inc.
Notice from WCB Hotels, Inc. (d/b/a Midway Hotel, Hoffman House Restaurant and
3100 Club) pursuant to the Worker Adjustment and Retraining Notification Act of 1988
of a pending plant closure or layoffs resulting in covered employment loss.
Suggested Disposition: Receive and File
WCB Hotels Ltr
5. Rosedale Avenue Reconstruction Project – Revision of Preliminary Assessments
City Manager recommending approval of a revision to the Preliminary Schedule of
Assessments for the Rosedale Avenue Reconstruction Project.
RESOLUTION
Rescinding Resolution No. 301-05 and adopting in lieu thereof a new
Preliminary Schedule of Assessments for the Rosedale Avenue Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
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Assessments - MVM Assessments - Staff Assessments - Preliminary Schedule
MemoMemoResolutionof Assessments
6. Rosedale Avenue Reconstruction Project
City Manager recommending acceptance of the Rosedale Avenue Reconstruction
Project as completed by Portzen Construction in the final contract amount of
$1,647,605.74 and approval of the final schedule of assessments.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
RESOLUTION
Approving the Final Schedule of Assessments
Suggested Disposition: Receive and File; Adopt Resolutions
Rosedale - MVM Rosedale - Staff Rosedale - Final Schedule of Rosedale - Notice of
MemoMemoResolutionsAssessmentsFiling
rd
7. Dubuque Industrial Center West 3 Addition - Contract B Project
rd
City Manager recommending acceptance of the Dubuque Industrial Center West 3
Addition - Construction Contract B Project as completed by Horsfield Construction, Inc.,
in the final contract amount of $2,276,575.15.
rd
RESOLUTION
Accepting the Dubuque Industrial Center West 3 Addition/Construction
Contract B – Paving, Drainage, and Utilities Project
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
DICW - MVM MemoDICW - Staff MemoDICW - ResolutionsDICW - Final
Payment Form
8. Third Street Overpass Decorative Railing Project
City Manager recommending acceptance of the Third Street Overpass Decorative
Railing Project as completed by Tricon General Construction in the final contract
amount of $275,339.38.
RESOLUTION
Accepting the Third Street Overpass Decorative Railing Project
RESOLUTION
Approving final estimate
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Suggested Disposition: Receive and File; Adopt Resolutions
Overpass - MVM Overpass - Staff Overpass - Railing - Final
MemoMemoResolutionsPayment Form
9. Amendment to First Transit Contract
City Manager recommending approval of an amendment to the contract with First
Transit to expand their team in Dubuque from one to two positions to fill the vacant
Transportation Clerk position.
RESOLUTION
Approving the Second Amendment to the Management Agreement
between the City of Dubuque and First Transit
Suggested Disposition: Receive and File; Adopt Resolution
First Transit - MVM First Transit - Staff First Transit - First Transit LtrAmendment to Mgmt
MemoMemoResolutionAgr
10. Regional Transit Authority - Indemnification Agreement
City Manager recommending approval of an Indemnification Agreement between the
City of Dubuque and the Regional Transit Authority as the RTA implements operation of
the contracted mini-bus service.
Suggested Disposition: Receive and File; Approve
RTA - MVM MemoRTA - Staff MemoIndemnification
Agreement
11. 2006 Government Performance and Results Act (GPRA) Annual Products Report
City Manager transmitting the 2006 Government Performance and Results Act (GPRA)
Annual Products Report which has been submitted to the National Parks Service.
Suggested Disposition: Receive and File
GPRA - MVM MemoGPRA - Staff MemoGPRA Report
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12. Certified Local Government Annual Report
City Manager submitting the 2006 Certified Local Government (CLG) Report submitted
to the State Historical Society of Iowa.
Suggested Disposition: Receive and File
CLG - MVM MemoCLG - Staff Memo2006 CLG ReportCLG - Backup
Material
13. Comprehensive Annual Financial Report (CAFR)
City Manager transmitting the Fiscal Year 2006 Comprehensive Annual Financial
Report (CAFR), Parking Facilities Financial Statements, Dubuque Metropolitan Solid
Waste Agency Report, Management Letter and City Responses to the Management
Letter.
Suggested Disposition: Receive and File
CAFR - MVM MemoCAFR - Staff MemoCAFR 2006Parking Facilities DMASWA ReportEide Bailly Ltr
Report
Response to Audit
Mgmt Ltr
14. Request for Proposals – Four Mounds Archeological Investigation
City Manager recommending approval of the issuance of a Request for Proposals to
conduct a Phase I Four Mounds Archeological Investigation.
Suggested Disposition: Receive and File; Approve
RFP - MVM MemoRFP - Staff MemoFour Mounds RFP
15. Washington Neighborhood Urban Revitalization District
Communication from the Long Range Planning Advisory Commission recommending
approval of the expansion of the Washington Neighborhood Urban Revitalization
District.
Suggested Disposition: Receive and File
UR District - LRPAC Memo to LRPAC
Ltr
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16. Comprehensive Plan Update
Long Range Planning Advisory Commission submitting the December 2006 update on
the Comprehensive Plan.
Suggested Disposition: Receive and File
Comp Plan - LRPAC Cultural Arts GoalsDiversity GoalsPublic Safety GoalsRecreation Goals
Ltr
17. Legislative Correspondence
Communication to local legislators regarding the impact of the Iowa Historic
Preservation Tax Credit program.
Suggested Disposition: Receive and File
Tax Credit - MVM LtrTax Credit Tax Credit - Address
AttachmentList
18. Port of Dubuque Brewery Development, LLC
City Manager recommending approval of the Port of Dubuque Brewery Development,
LLC Assignment of Development Agreement and Lease Agreement to Dubuque Bank
and Trust.
Suggested Disposition: Receive and File; Approve
Assignment - MVM Assignment - Staff Assignment of Dev Assignment of Lease Assignments -
MemoMemoAgrAgrAttorney Ltr
19. Mar Jo Quarry Road
City Manager recommending support of the renaming of Mar Jo Quarry Road to Mines
of Spain Road.
Suggested Disposition: Receive and File; Approve
Road - MVM MemoRoad - Staff MemoMar Jo Quarry Road Mines of Spain Ltr
Map
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20. Unified Development Code
City Manager recommending approval of the addition of Renae Gabrielson to the
Unified Development Code Citizen Advisory Committee.
Suggested Disposition: Receive and File; Approve
UDC - MVM MemoUDC - Staff MemoUDC Membership List
21. Settlement of Claim
City Attorney advising that the Iowa District Court for Dubuque County has dismissed all
of the claims made by Tina Hessel against the City of Dubuque, City Manager Michael
C. Van Milligen, Personnel Manager Randy Peck and Building Services Manager Rich
Russell.
Suggested Disposition: Receive and File; Approve
Claim - BAL LtrCourt Order
22. Dubuque Federal Building Renovation Project
City Manager recommending that the Fiscal Year 2007 budget expenditure for the
Federal Building Renovation Project be increased from $1,259,785 to $3,194,843.
Suggested Disposition: Receive and File; Approve
Renovation - MVM Renovation - Staff
MemoMemo
23. Improvement Contracts / Performance, Payment and Maintenance Bonds
-- Villa Street Retaining Wall – Ornamental Railing Project
Suggested Disposition: Receive and File
Villa Street
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24. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to El Paisano Grocery
Store
RESOLUTION
Granting the issuance of Class “C” Beer/Liquor License to DeMac’s
Copper Kettle, Inc., The Lounge, and Taiko Japanese Bar
Suggested Disposition: Adopt Resolutions
Licenses - MVM Licenses - Staff Resolution #1Resolution #2Police Reports
MemoMemo
ITEMS TO BE SET FOR PUBLIC HEARING
1. Request to Purchase
City Manager recommending that a public hearing be set for February 5, 2007 to
consider a request from Jason M. Schneider to vacate and purchase a portion of Kelly
Lane between Manson Road and Pego Court.
RESOLUTION
Of intent to vacate and dispose of City interest in Lot A and Lot B of
Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/5/07
Vacate - MVM MemoVacate - Staff MemoVacate - ResolutionVacate - Vicinity Map/Vacate - Schneider
PlatLtr
2. Greater Downtown Urban Renewal District
City Manager recommending that a public hearing be set for February 19, 2007 to
consider an amendment of the Urban Renewal Plan for the Greater Downtown Urban
Renewal District to include the rehabilitation, restoration, and renovation of historic
buildings for public and governmental uses, including the Carnegie-Stout Public Library
and the Former U.S. Federal Building.
RESOLUTION
Of necessity finding that the Greater Downtown Urban Renewal District
are areas meeting the definitions of slum, blighted and economic development areas
and that development of said areas is necessary in the interest of the residents of the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/19/07
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District - MVM MemoDistrict - Staff MemoDistrict - ResolutionDistrict - Public
Notice
3. Heron Pond Tree Removal Project
City Manager recommending initiation of the public bidding process for the Heron Pond
Tree Removal Project and that a public hearing be set for February 19, 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
2/19/07
Heron Pond - MVM Heron Pond - Staff Heron Pond -
MemoMemoResolutions
4. US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II
City Manager recommending initiation of the public bidding process for the US 20
(Devon Drive to Menards) Capacity Improvements Project – Phase II and that a public
hearing be set for March 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
3/5/07
US 20 - MVM MemoUS 20 - Staff MemoUS 20 - Resolutions
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5. Fiscal Year 2008 Annual Action Plan
City Manager recommending that a public hearing be set for February 27, 2007 on the
Fiscal Year 2008 Annual Action Plan.
RESOLUTION
Setting a public hearing on the Program Year 2007 (Fiscal Year 2008)
Community Development Block Grant (CDBG) Annual Action Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/27/07
Annual Action Plan - Annual Action Plan - Annual Action Plan - Annual Action Plan
MVM MemoStaff MemoResolution
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory Commission (One 3-year term through October 1,
2010 – term of Suarez)
Applicant:
Joseph Suarez
Housing Code Appeals Board (Two 3-year terms through January 11, 2009 – terms of
Durley and Swift and three 3-year terms through January 11, 2010 – terms of Schaub,
Kinsella and one vacancy)
Applicants:
William J. Kinsella, Jim Matheos, Robert Schaub
Transit Board of Trustees (One 3-year unexpired term through July 30, 2008)
Applicant:
Sarah Davidson
Bd and Comm ListOverview SheetESAC ApplicationHsg Code Appeals Bd Transit Bd
ApplicationsApplication
PUBLIC HEARINGS
SUSPEND THE RULES
1. Greg Adams/Stewart Construction, Inc.
Proof of publication on notice of hearing to consider reclassifying property located at the
southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate
Estates) from LI Light Industrial District to HI Heavy Industrial District, as requested by
Greg Adams/Stewart Construction, Inc., and Zoning Advisory Commission
recommending approval.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying property located at the southwest corner of Seippel
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Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial
District to HI Heavy Industrial District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Adams/Stewart - Adams/Stewart - Adams/Stewart - Adams/Stewart - Adams/Stewart - Adams/Stewart -
ZAC LtrApplicationPhotosStaff MemoVicinity MapStaff Report
Adams/Stewart - Memorandum of Addl Photos/LI RegulationsAdams/Stewart - Suggested Motion
OrdinanceUnderstandingInformationSupport Ltrs
2. Port of Dubuque Adams Development, LLC – Development Agreement
Proof of publication on notice of hearing to consider approval of a Development
Agreement with Port of Dubuque Adams Development, LLC for a development in the
Port of Dubuque, including the Adams Company building site and City Manager
recommending approval.
RESOLUTION
Determining that the proposal of Port of Dubuque Adams
Development, LLC to acquire and develop property in the Greater Downtown
Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa is in
compliance with the terms of the City’s offering for disposition of such property
RESOLUTION
Accepting the proposal from Port of Dubuque Adams
Development, LLC for the purchase of property in the Greater Downtown Urban
Renewal District in the Port of Dubuque in the City of Dubuque, Iowa and
approving the Development Agreement with Port of Dubuque Adams
Development, LLC
Suggested Disposition: Receive and File; Adopt Resolutions
Dev Agr - MVM MemoDev Agr - Staff Dev Agr - Resolution Dev Agr - Resolution Development
Memo#1#2Agreement
Material from December 4, 2006 City Council Meeting
Dev Agr - MVM MemoDev Agr - Staff Dev Agr - ResolutionDevelopment Port of Dubuque
MemoAgreementRenderings
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3. Chaplain Schmitt Memorial Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the Chaplain Schmitt Memorial Project and City Manager
recommending award of the contract to Tri-State Development Company, LLC.
RESOLUTION
Adopting plans and specifications
RESOLUTION
Awarding contract
RESOLUTION
Approving construction contract with Tri-State Development, LLC for the
Chaplain Schmitt Memorial Project
Suggested Disposition: Receive and File; Adopt Resolutions
Memorial - MVM Memorial - Staff Memorial - Memorial - Drawing
MemoMemoResolutions
Material from December 5, 2006 City Council Meeting
Memorial - MVM Memorial - Staff Memorial -
MemoMemoResolutions
REINSTATE THE RULES
ACTION ITEMS
1. Northeast Iowa Community College
Communication from Penelope H. Wills, President of Northeast Iowa Community
College, requesting a Resolution of Support for NICC’s ballot measure “Ensuring the
Future for Students and Communities” on February 20, 2007.
RESOLUTION
Of Support
Suggested Disposition: Receive and File; Council
NICC LtrNICC - Resolution
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2. Individual Historic Designation – 565 Fenelon Place
City Manager recommending approval of an amendment to the Historic Preservation
Ordinance for the establishment of 565 Fenelon Place as an Individually Designated
Historic Property.
ORDINANCE
Amending Chapter 25 (Historic Preservation) of the City of Dubuque
Code of Ordinances by adding Section 25-6.14 and 25-6.14(1) Establishing Individually
Designated Historic Properties
Suggested Disposition: Receive and File; Motion B; Motion A
565 Fenelon - MVM 565 Fenelon - Staff 565 Fenelon - Suggested Motion
MemoMemoOrdinance
3. City of Dubuque Code of Ordinances
City Manager recommending approval of an ordinance adopting the revised City of
Dubuque Code of Ordinances.
ORDINANCE
Readopting the codification of all ordinances of the City of Dubuque,
Iowa, of a general or public nature or imposing a fine or penalty including codes and
maps adopted by reference, as the official Code of the City of Dubuque, Iowa, as
provided for and pursuant to Chapter 380 of the Iowa Code; providing for the title and
citation of the Code; repealing all ordinances and parts of ordinances of a general or
public nature or imposing a fine or penalty, passed on or prior to January 16, 2007,
except those not contained in said code or recognized and continued in force by
reference therein; providing penalties for the violation of the several sections thereof;
and prescribing the time when this ordinance shall be in full force and effect
Suggested Disposition: Receive and File; Motion B; Motion A
Code - MVM MemoCode - Staff MemoCode - OrdinanceSuggested Motion
4. Convention and Visitors Bureau
City Manager requesting that a work session with the Dubuque Area Chamber of
Commerce Convention and Visitors Bureau be scheduled for 5:30 p.m. on Monday,
February 5, 2007.
Suggested Disposition: Receive and File; Approve
Work Session - MVM
Memo
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5. Fiscal Year 2008 Operating Budget and Five Year Capital Improvement Program
City Manager submitting the Fiscal Year 2008 Operating Budget and Five Year Capital
Improvement Program.
Suggested Disposition: Receive and File
FY 2008 Budget - Cost of City ServicesFY 2008 AwardsFY 2008 Factsheet
MVM Memo
NOTE: Budget documents will be distributed at the City Council meeting on
Tuesday, January 16, 2007.
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
January 11, 2007
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