1 17 06 Skeleton Sheet
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CITY COUNCIL REGULAR SESSION, JANUARY 17, 2006
COUNCIL MET IN REqlJLAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
. PRESENT: MAYOR~~OL, COUNCIL MEMBERi BRAIG, ~NE, CO~ORS, JO~S,
L YN~H, MICHfLS~1
CITY MANAGER VAN 'fLLlGEN; CORPORATION COUNSEJiLlNDAHL
ABSENT:
INVOCATION: Sr. Catherine Dunn, BVM, President of Clarke College
PROCLAMATIONS: :J / /
Dubuque Jaycees weet<C~f A~~/'~" /;;~/l2YA t&L/,c"
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CONSENT ITEMS
-Ayes Nays
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(} Cline
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1. Minutes and Reports Submitted
Airport Commission of 10/24; Cable TV Regulatory Commission of 12/6; City Council of
1/3; Community Development Advisory Commission of 12/21; Historic Preservation
Commission of 12/15; Housing Commission of 11/22; Long Range Planning Advisory
Commission of 12/21; Plumbing Board of 12/21; Zoning Advisory Commission of 1/4;
Zoning Board of Adjustment of 12/22
Proof of publication of City Council Proceedings of 12/17 and 12/19
Printed City Council Proceedings for month of September, 2005
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Suits
Juanita Kay Caley for vehicle damage; Mary V. Kearney for personal injury; Adam
Lopez for vehicle damage; Jesse Rans for vehicle damage; Anthony Trice for vehicle
damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Anthony Trice for vehicle damage
Corporation Counsel recommending denial of the claim of Adam Lopez for vehicle
damage.
Corporation Counsel recommending settlement of the claim of Juanita Kay Caley for
vehicle damage and the claim of the Sisters of the Presentation for property damage
and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
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3.
Service Agreement with Total Administrative Services Corporation
City Manager recommending approval of a Service Agreement with Total Administrative
Services Corporation (TASe) for a claim (debit) card option for employees enrolled in
the Flexible Spending Plan.
Suggested Disposition: Receive and File; Approve
4. Citizen Communication
Communication from Sister Margaret Ann Willging regarding use of the former meat
packing plant and H & W Building.
Suggested Disposition: Receive and File
5. Comprehensive Annual Financial Report (CAFR)
City Manager transmitting the Fiscal Year 2005 Comprehensive Financial Report
(CAFR), Parking Facilities Financial Statements, Management Letter and City
Responses to the Management Letter.
Suggested Disposition: Receive and File
Community Economic Betterment Account (CEBA) Loan
City Manager recommending approval of a Community Economic Betterment Account
(CEBA) Loan Agreement by and among the Iowa Department of Economic
Development, the City of Dubuque, and Prudential Retirement Insurance and Annuity
Company.
6.
RESOLUTION / / - (;J ?- Authorizing the execution of a Community
Economic Betterment Account Loan Agreement for Two Hundred Seven Thousand
Dollars ($207,000) with Prudential Retirement Insurance and Annuity Company and a
City Economic Development Loan of Sixty-Two Thousand Dollars ($62,000)
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Braig
Cline
Connors
Jones
Lynch
Michalski
3
. 7.
Municipal Services Center Construction Project
City Manager recommending acceptance of the Municipal Services Center Construction
Project as completed by Portzen Construction in the final contract amount of
$11,723,606.15.
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RESOLUTION f'
Accepting the Municipal Services Center Project
RESOLUTION / 1 Approving final estimate for the construction contract
for the Municipal Services Center Project
Suggested Disposition: Receive and File; Adopt Resolutions
8. 2005 Government Performance and Results Act (GPRA) Annual Products Report
City Manager transmitting the 2005 Government Performance and Results Act (GPRA)
Annual Products Report which has been submitted to the National Parks Service.
Suggested Disposition: Receive and File
9.
Historic Old Main District
City Manager response to Cynthia Nelms-Byrne and Robert Byrne regarding the
Historic Old Main Street District.
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Communication from Cynthia Nelms-Byrne and Robert Byrne regarding various issues
in the Lower Main Street area.
Suggested Disposition: Receive and File; Refer to City Manager
Ayes Nays
Buol
Braig
Cline
Connors
Jones
Lynch
Michalski
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10.
Highway 20 Corridor Preservation Zone
City Manager advising that the Iowa Department of Transportation intends to renew the
corridor preservation zone along U.S. 20 from the Peosta interchange easterly to near
the intersection with the Northwest Arterial.
Suggested Disposition: Receive and File
11. National Community Development Association - Audrey Nelson Award
City Manager advising that the National Community Development Association has
announced that the HEART Partnership is the recipient of the 2006 Audrey Nelson
Community Development Achievement Award.
12.
Suggested Disposition: Receive and File
2005 Asphalt Paving Project
City Manager recommending that Resolution No. 5-06, approving the final estimate for
the 2005 Asphalt Paving Project, be rescinded and approval of a new final estimate for
the project.
RESOLUTION / ~ Rescinding Resolution No. 5-06 Setting the final
estimate for the 2005 Asphalt Paving Project (Fiscal Year 2006)
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RSEOLUTION /5'
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
13. Residential Parking Permit District Petition
City Manager recommending that a request for a Residential Parking Permit District in
the Lincoln School area be postponed to the spring of 2006.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Buol
Braig
Cline
Connors
Jones
Lynch
Michalski
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14.
Kunde Place No.2 - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Lots 1 through
3, inclusive, of Kunde Place NO.2 located on Old Highway Road West.
RESOLUTION / ~ Approving final plat of Lots 1 through 3, inclusive,
of Kunde Place NO.2 in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
15. NPDES Permit
City Manager providing a response to Iowa Department of Natural Resources
Environmental Specialist Mike Wade regarding problems with the Key Way sanitary
sewer.
Suggested Disposition: Receive and File
16.
Business License Refund
Request of Carol A. Meyers, A & B Tap, Inc., for a refund of the beer and liquor license
in the amount of $422.50.
.
Suggested Disposition: Receive and File; Approve
17. Business Licenses
RESOLUTION / /' Granting the issuance of a Class "B" Beer (5 Day
Special Event) Permit to Catfish Festival; and Class "C" Beer Permit to EI Paisano
Grocery, Awn Stop Mart, Inc., Dubuque Discount Gas and Oky Doky #21
RESOLUTION /8' Granting the issuance of a Class "C" Beer/Liquor
License to The Lounge, Water Hole and The Avenew Sports Bar; and Class "B" Native
Wine Permit to Engraved Gift Collection
Suggested Disposition: Adopt Resolutions
Ayes Nays
Buol
Braig
Cline
Connors
. Jones
Lynch
Michalski
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ITEMS TO BE SET FOR PUBLIC HEARING
Nays
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1. Dubuque County Historical Society - February 6, 2006
2. Manasseh House Urban Revitalization Area Plan - February 20, 2006
3. 2006 Curb Ramp Installation - CDBG Project Phase II - February 20, 2006
4. Fiscal Year 2007 Annual Action Plan - February 21, 2006
1. Dubuque County Historical Society
City Manager recommending that a public hearing be set for February 6, 2006 to
consider the proposed reuse/lease of the Adam's Company to the Dubuque County
Historical Society.
RESOLUTION /9 Of intent to dispose of an interest in real property by
lease agreement with Dubuque County Historical Society
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/6/06
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2.
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Manasseh House Urban Revitalization Area Plan
City Manager recommending that a public hearing be set for February 20, 2006 to
consider establishment of the Manasseh House Urban Revitalization Area plan as
requested by Michelle Mihalakis.
RESOLUTION ,;:;?!) Finding that the designation of the Manasseh House
Urban Revitalization Plan is necessary in the interest of the public health, safety and
welfare of the residents of the City of Dubuque and providing for a public hearing
thereon
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/20/06
3. 2006 Curb Ramp Installation - CDBG Project Phase II
City Manager recommending initiation of the public bidding process for the 2006 Curb
Ramp Installation - CDBG Project Phase II and that a public hearing be set for
February 20, 2006.
RESOLUTION ;:;r/ Preliminary approval of plans and specifications
RESOLUTION ;f?i::?- Setting date of hearing on plans and specifications
RESOLUTION ?.5
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/20/06
4.
Fiscal Year 2007 Annual Action Plan
City Manager recommending that a public hearing be set for February 21, 2006 on the
Fiscal Year 2007 Annual Action Plan.
RESOLUTION c3 7' Setting a public hearing on the Program Year 2006
(Fiscal Year 2007) Community Development Block Grant (CDBG) Annual Action Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/21/06
Ayes Nays
Buol
Braig
Cline
Connors
Jones
Lynch
. Michalski
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PUBLIC HEARINGS
SUSPEND THE RULES
Ayes Nays
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1. River Pointe Development, LLC - Request to Rezone (Tabled on January 3, 2006)
(Public Hearing Recessed at December 19, 20~ Meeting I First Reading on
December 19, 2005)
Communication to the City from Stephen J. Juergens, representing River Pointe
Development, LLC, providing responses to various questions posed by City Council
members and City staff.
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Request from Steward Sandstrom, Dubuque Area Chamber of Commerce, to address
the City Council regarding the River Pointe Development, LLC request to rezone.
City Manager submitting questions of the Council that were sent to Mr. Spiegel for
response at the January 3, 2006 public hearing
. Letter to A.J. Spiegel
. Questions from Mayor Buol
. Questions from Council Member Michalski
. Questions from Council Member Braig
. Questions from Council Member Cline
. Questions from Council Member Connors
. Questions from former Council Member Nicholson
. Questions from former Council Member Markham
. Questions from City staff
.
Communication from Sister Margaret Ann Willging, OSF, regarding the River Pointe
Development, LLXOj~Ct.
ORDINANCE X Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 600 Mazzuchelli Drive from R-2 Two-Family Residential District to PUD
Planned Unit Development District with a PR Planned Residential District designation
and adopting a Conceptual Development Plan with conditions
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Suggested Disposition: Remove from Table; Receive and File; Concur with
Denial; or Motion B; Motion A
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Washington Court LLP - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 1798
Washington Street from OR Office Residential District to OS Office Service District as
requested by John GronenlWashington LLP and Zoning Advisory Commission
recommending approval.
ORDINANCE <I" tJ ~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 1798 Washington Street from OR Office Residential District to OS Office
Service District
Suggested Disposition: Receive and File; Motion B; Motion A
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Allan and Connie Rowell/City of Dubuque - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located on
Southern Avenue from POS Public Open Space District to R-1 Single-Family
Residential District as requested by Allan and Connie Rowell/City of Dubuque and
Zoning Advisory Commission recommending denial.
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Communication from Allan and Connie Rowell regarding the proposed rezoning and
purchase of the Southern Avenue property.
ORDINANCE ~::;-. o? Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located on Southern Avenue from POS Public Open Space District to R-1 Single Family
Residential District J
Suggested Disposition: Receive and File; Concur with Denial; or Motion B; 1A;JJ C~ vi:
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City of Dubuque/Edward Brown - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 468
East 12'h Street from HI Heavy Industrial District to MHI Modified Heavy Industrial
District as requested by the City of Dubuque/Edward Brown and Zoning Advisory
Commission recommending approval.
ORDINANCE ~ () t/ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 468 East 12th Street from HI Heavy Industrial District to MHI Modified Heavy
Industrial District
Suggested Disposition: Receive and File; Motion B; Motion A
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Vacating Petition - United Parcel Service (UPS)
Proof of publication on notice of hearing to consider vacating and disposing of a portion
of Kerper Boulevard in Block 5 of River Front Subdivision NO.3 to United Parcel Service
(UPS) and City Manager recommending approval.
-
RESOLUTION ;?-~, Approving plat of proposed vacated portion of
Kerper Boulevard in Block 5 of River Front Subdivision No.3
RESOLUTION d? ? Vacating a portion of Kerper Boulevard in Block 5 of
River Front Subdivision No.3
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RESOLUTION Disposing of City interest in Lot 1 B, Block 5, River Front Subdivision No.
3 in the City of Dubuque, Dubuque County, Iowa
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Suggested Disposition: Receive and File; Adopt Resolutions
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Braig
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Michalski
REINSTATE THE RULES
Ayes Nays
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ACTION ITEMS
Citizen Request
Communication of Andrew J. Schlarmann requesting to address the Council regarding
the alley between the 2500 block of Elm and Washington Streets.
Suggested Disposition: Receive and File; Refer to City Manager
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Dubuque Malting and Brewing Company Building
Communication from David L. Clemens, representing 3-M Development, Ltd. -
purchaser of the property located at 32nd and Jackson Streets, requesting immediate
release of the action taken by the City Council in establishment of the Brewery
Neighborhood Conservation District.
Request of Michael W. McCoy, President - 3M Development, to address the City
Council regarding the Dubuque Malting and Brewing Company building.
City Manager submitting background information on Conservation Districts in the City of
Dubuque.
Suggested Disposition: Receive and File; Council
Ayfi's Nays
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Community Needs Assessment for Children
City Manager recommending approval of the allocation of $2,000 of existing Fiscal Year
2006 Health Services Department funds towards the Community Youth Needs
Assessment process.
Suggested Disposition: Receive and File; Approve
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Dubuque Star Brewery
City Manager recommending approval of the selection of the Port of Dubuque
Development, LLC, as developer for the Dubuque Star Brewery Project, and that a
development agreement be negotiated.
RESOLUTION ~~ d? Approving the selection of a developer for the
Dubuque Star Brewery building and site
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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Truck Parking on Flint Hill Drive and Cross Hill Drive
City Manager recommending that semi trailer parking be restricted on both sides of Flint
Hill Drive from Twin Valley Drive to its southerly terminus and on Cross Hill Drive from
Flint Hill Drive to Rockdale Road.
ORDINANCE ? c:J? Amending Section 32-267.1 of the Code of
Ordinances of the City of Dubuque, Iowa, providing for parking restrictions for semi
trailers on designated streets or portions thereof by adding certain portions of Flint Hill
Drive and Cross Hill Drive
5.
Suggested Disposition: Receive and File; Motion B; Motion A
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Five Year Street Program (Fiscal Years 2007 - 2011)
City Manager recommending approval of the Annual Five Year Construction Program
for Fiscal Years 2007 - 2011.
RESOLUTION ,:91''1 Adopting the Five Year Street Construction Program
for Fiscal Years 2007 - 2011
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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7.
Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program
City Manager submitting the Fiscal Year 2007 Operating Budget and Five Year Capital
Improvement Program.
Suggested Disposition: Receive and File
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COUNCIL MEMBER REPORTS , .r" Jf ,), .
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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 ( i )
Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)(j.) 2005 Code of Iowa
21
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TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON TUESDAY, JANUARY 17, 2006, AT 6:30 P.M., IN
THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS THAT MAY
PROPERLY COME BEFORE THE COUNCIL.
{ 11J~