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11 20 06 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:30 P.M. - AlA SUSTAINABLE DESIGN ASSESSMENT TEAM (SDAT) APPLICATION 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, NOVEMBER 20, 2006 INVOCATION Father Thomas Zinkula, Pastor, Holy Ghost Catholic Church 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 Airport Commission of 9/25; Arts and Cultural Affairs Advisory Commission of 8/30 and 9/26; City Council of 11/6; Civil Service Commission of 10/13; Housing Commission of 10/24; Human Rights Commission of 10/9; Zoning Advisory Commission of 11/1; Zoning Board of Adjustment of 10/26; Library Board of Trustees Update from meetings of September 21, 28 and October 26, 2006 Proofs of publication of City Council Proceedings of October 10 and 16, 2006 and List of Claims and Summary of Revenues for Month Ended September 30, 2006 Printed City Council Proceedings for May and June, 2006 Suggested Disposition: Receive and File; Approve as Printed ~ ~ ~ ~ ~ ~ Airport ACAAC - 9/26 ACAAC - 10/24 City Council Civil Service Hurran R9hts ~ ~ ~ ~ ~ ~ Zoning Advisory Zoning Bd of Adj Ubrary Bd - Sept Ubrary Bd - October Proceedings - May Proceedings - June 2. Notice of Claims/Suits June Link, et al vs. City of Dubuque, et al; Tricia Vosberg-Padget for personal injury 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: Robert L. Wagner for property damage City Attorney recommending settlement of the claim of Kmart Corporation for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Ii Ii Clairrs - ICAP Claim - Settled 3. Operation: New View Community Action Agency Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors at the first meeting in January 2007. Suggested Disposition: Receive and File Ii New View Ur 4. Request to Purchase Communication of David L. Clemens, representing Mr. and Mrs. Robert McClain, requesting to purchase a portion of Union Avenue between Rush and Shandon Streets (currently Florence Street). Suggested Disposition: Receive and File; Refer to City Manager it Clerrens Ltr 2 5. Nowata Street Reconstruction Project City Manager recommending acceptance of the Nowata Street Reconstruction Project as completed by McDermott Excavating, Inc. in the final contract amount of $352,920.18 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 ~ Ii'ii?'i L:iJ ~ EJ Ii Nowata - MVM Merro Nowata - Staff Merro Nowata - Resolutions Nowata - Final Payrrent Form 6. 2006 Weed Assessments City Manager recommending approval of the levy of special assessments for the 2006 Weed Enforcement Program. RESOLUTION Adopting the Schedule of Assessments for the 2006 Weed Enforcement Program 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 ~ ~ ~ EJ ~ Assessments - Staff Merro Assessrrents - Resolution Assessrrents - Notice Schedu", of Assessrrents 7. Iowa Clean Air Attainment Program (ICAAP) Funding Approval City Manager recommending approval of an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program funding for the IA 32 (Northwest Arterial) Capacity Improvements Project. RESOLUTION Authorizing the filing of an application with the Iowa Department of Transportation for Iowa Clean Air Attainment Program (ICAAP) funding for the City of Dubuque IA 32 (Northwest Arterial) Capacity Improvements Project Suggested Disposition: Receive and File; Adopt Resolution 3 ~ ~ ~ ICAAP - MVM Merro ICAAP - Staff Merro ICAAP - Resolutk:ln 8. Tetra Tech, Inc. - Monitoring Well Installation City Manager recommending approval of a License Agreement with Tetra Tech, Inc. to install a monitoring well, soil gas point and soil boring within City right-of-way at the property of 1545 South Grandview Avenue. RESOLUTION Authorizing License Agreement between the City of Dubuque and Tetra Tech, Inc. t install monitoring well, soil gas point and soil boring on public right-of-way in the area of 1545 South Grandview Avenue Suggested Disposition: Receive and File; Adopt Resolution ~~f "^"- .. ~i' .~~: ..- ~ fll Ii Tetra Tech - MVM Merro Tetra Tech - Staff Merro Tetra Tech - Resolution Tetra Tech Ur Ucense Agreerrent 9. Tri-State Community Health Center Communication from the Crescent Community Health Center requesting a letter of support for the Tri-State Community Health Center's efforts to obtain grant funding to establish a Federally Qualified Community Health Center (FQHC) in Dubuque Suggested Disposition: Receive and File; Approve ~ ~ CCHC Request Ur Letter of Support 10. West End Transfer Site for KeyLine City Manager recommending approval of an easement agreement with William Oldfather of Oldfather Financial Services, owners of the Econo Food property, for a bus shelter on the Econo Foods site at Kennedy Circle. Suggested Disposition: Receive and File; Adopt Resolution ~.i;; ^.M.._ -. Iiiil\'l '"CJ ~ '"CJ Ii Ii KeyUne - MVM Merro Keyline - Staff Merro Keyline - Staff Merro Ok:lfather Ur / KeyUne - Site Photos #2 Agreerrent 4 11. Resolution of Support - Cottingham & Butler CEBA Application City Manager recommending approval of an amended Resolution of Support for the Cottingham & Butler CEBA Application. RESOLUTION Rescinding Resolution No. 468-06 and authorizing the filing of an amended Community Economic Betterment Account (CEBA) application on behalf of Cottingham & Butler, Inc. Suggested Disposition: Receive and File; Adopt Resolution ~ ~' ^H:.:' .. ~ CEBA . MVM MelrO CEBA . Staff MelrO CEBA . Resolut''" 12. 28E Pool, Tattoo and Tanning Program Agreement City Manager recommending approval of the submission of a letter to the Iowa Department of Public Health indicating the City's interest for a 28E Pool, Tattoo and Tanning Program agreement. Suggested Disposition: Receive and File; Approve ~ ~ ~ 1iiG'I. '. L.J 28E . MVM MelrO 28E . Staff MelrO 28E . IDPH Ur 13. Renewal Rates for Voluntary Dental Plan City Manager recommending approval of the renewal rates for the City's Voluntary Dental Plan, which is paid in full by the employees. Suggested Disposition: Receive and File; Approve ~ ~ Er Dental - MVM MelrO Dental- Staff MelrO De~a Dental Rates 14. Jan's Sewtique Communication from Jan Bell, Jan's Sewtique, requesting that parking on White Street between 8th and 9th Streets be limited to two-hours. Suggested Disposition: Receive and File; Refer to City Manager Er Jan's Sewtique Ur 5 15. Signed Contracts -- 1934 Federal Building Renovation Design Contract -- City Hall Tuckpointing Project Suggested Disposition: Receive and File fli fil Federal Bldg City Hall Tuckpointing 16. Business License Refund Request of Dolores G. Weber, Ten Pin Tap, for a refund of her Class C Liquor license in the amount of $211.25. Suggested Disposition: Receive and File; Approve Refund 17. Business Licenses City Manager recommending approval of the annual liquor license renewal for the Aragon tap, Grand Harbor ResortlWater, Jumpers Sports Bar/Grill, Target Store and Plaza 20 Bp/Amoco. RESOLUTION Granting the issuance of a Class "C" Beer Permit to Target Store and Plaza 20 BP/Amoco RESOLUTION Granting the issuance of a Class "B" Liquor License to Grand Harbor Resort; Class "C" Beer/Liquor License to Aragon Tap and Jumpers Sports Bar/Grill; and Class "B" Wine Permit to Target Store Suggested Disposition: Adopt Resolutions ~ ~ Iiiij'l ~ ~ u Renewals - MVM Renewals - Staff Memo Memo Resolutkm # 1 Resolution # 2 Police Reports 6 ITEMS TO BE SET FOR PUBLIC HEARING 1. Sewer Revenue Capital Loan Notes - $253,850 City Manager recommending that a public hearing be set for December 6, 2006 on the proposition of issuing not to exceed $253,850 in Sewer Revenue Capital Loan Notes for rehabilitation of sanitary sewers in connection with the North Fork Catfish Creek Project and the Water Pollution Control Plant Study. RESOLUTION Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $253,850 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/4/06 ~ ~ ~ Sewer Notes - MVM Merro Sewer Notes - Staff Merro Sewer Notes ~ Resolution 2. General Obligation Capital Loan Notes - $1,889,521 City Manager recommending that a public hearing be set for December 6, 2006 on the proposition of issuing not to exceed $1,889,521 in General Obligation Capital Loan Notes from the State of Iowa Revolving Fund Loan (SRF) for the Lower Bee Branch Creek Restoration Project and Upper Bee Branch Creek Restoration Project and culvert improvements and creek restoration and stabilization undertaken as part of the North Fork Catfish Creek Project. RESOLUTION Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,889,521 General Obligation Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/4/06 ~ ~ ~.... CJ GO Notes - MVM Merro GO Notes - Staff Merro GO Notes - Resolution 3. Herrig Voluntary Annexation City Manager recommending that a public hearing be set for December 18, 2006, to correct a typographical error in the legal description for the previously-approved annexation of 112.10 acres owned John and Sally Jo Herrig south of Derby Grange Road. Suggested Disposition: Receive and File; Public Hearing 12/18/06 7 ~ ~ ~ Ii Ii Annexation - MVM Annexation - Staff Memo Memo Annexation Agreerrent Annexation - Map Herrig - Applcation BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Investment Oversight Advisory Commission (One unexpired term through 7/1/08) Applicant: Virgil Blocker Appointment to the following Commission: Housing Commission (One Unexpired three-year term through 8/17/08) Applicant: Linda Frommelt ~~ .._'- ~~ ~ Ii D Bel and Corrrn List Overview Sheet IOAC Applk:ation Housing App PUBLIC HEARINGS SUSPEND THE RULES 1. Greg Adams/Stewart Construction, Inc. - Request to Rezone Proof of publication on notice of hearing to consider rezoning 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 denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located near the southwest corner of Seippel Road and Old Highway Road from LI Light Industrial District to HI Heavy Industrial District Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote Necessary) ~ ~ Ii Ii Ii ~ AdalT6/Stewart ~ AdalT6/Stewart~Staff AdalT6/Stewart ~ AdalT6/Stewart ~ ZAC Ltr Merro Applcation VICinity Map U Regulations AdalT6/Stewart ~ Staff Report ~ AdalT6/Stewart ~ Ordinance 8 2. LeNore Nesler/James McMahon - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 1108 Locust Street from OR Office Residential District to C-2 Neighborhood Shopping Center District to permit a coffee shop/deli with apartment above as requested by LeNore Nesler/James McMahon 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 1108 Locust Street from OR Office Residential District to C-2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A IiiliS'l E.J Ii ~ Ii Ii Ii 1108 Locust - ZAC Ur McMahon - Application 1108 Locust - Staff 1108 Locust - \ncinity 1108 Locust- Report Map Pictures 1108 Locust- Support Urs ~ 1108 Locust- Ordinance 3. American Trust and Savings Bank - Request for Text Amendment Proof of publication on notice of hearing to consider amending Section 3-5.2 of the Zoning Ordinance to allow drive-up ATM teller machines in medicallD Institutional Districts as requested by Robert Peacock, American Trust and Savings Bank, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding automated teller machines as an accessory use in ID Institutional Districts Suggested Disposition: Receive and File; Motion B; Motion A ~ Ii Ii ~ IiiliS'l E.J ATM's - ZAC Ur An-erk:an Trust - An-erk:an Trust - Ur ATM's - Staff Merro ATM's - Ordinance Application 4. University of Dubuque - Amend ID Institutional District Proof of publication on notice of hearing to consider amending the University of Dubuque ID Institutional District to allow replacement of the existing facilities building with a new structure located in the southwest portion of the campus near West and Gilliam Streets and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the approval of an amended Conceptual 9 Development Plan to allow construction of a new facility building for the University of Dubuque ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A ~ Iii 5 UD - ZAC Ur UD - Application UD - Exhibts fli fli tD UD - Vicinity Map UD - Ltrs of Concern UD - Ur to Neighbors 5 ~ ~L , ^~: ~ UD - Picture UD - Staff Report UD - Ordinance 5. Urban Renewal Tax Increment Revenue Notes Proof of publication on notice of hearing to consider the issuance of Urban Renewal Tax Increment Revenue Notes to support the Chavenelle Warehouse Development, LLC I Theisen Supply, Inc. expansion project at the Dubuque Industrial Center West and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $812,000 Urban Renewal Tax Increment Revenue Notes RESOLUTION Authorizing and providing for the issuance of $812,000 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2006, of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque, Iowa designated as the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ fli UR Notes - Staff UR Notes - Noth Ur Merro ~ E.I ~.~ ."".~ ~ UR Notes - MVIM Merro UR Notes - Resolutk>n # 1 UR Notes - Resolutk>n #2 Material from November 6, 2006 City Council Meeting ~ E.I ~ 5 5 Notes - Resolution Notes - MVIM Merro Notes - Staff Merro Notes - Noth Ur 10 6. Pine Box LLLP I Washington Court, LP Agreement And Crescent Community Health Center - Request to Vacate (Action Tabled on November 6, 2006) Proof of publication on notice of hearing to consider an agreement between Pine Box, LLLP I Washington Court, LP for the exchange of property for construction of parking facilities at 18th and Washington Streets and City Manager recommending approval. RESOLUTION Approving the agreement between the City of Dubuque, Iowa, Washington Court, L.P., and Pine Box, LLLP and disposing of City interest in the South y, of Lot 157, the North Y, of Lot 157, the South Y, of Lot 158, and the North Y, of Lot 158, all in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa and the City's interest in Lots 159, 160 and 161 in East Dubuque, an addition to the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof RESOLUTION Approving plat of proposed vacated alley between Washington Street and Elm Street from 1 yth Street to 18th Street RESOLUTION Vacating an alley between Washington Street and Elm Street from 1 yth Street to 18th Street RESOLUTION Disposing of City interest in Lot 159B of "East Dubuque" an addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Remove from Table; Adopt Resolutions fJ ~ ~ 6[J 6[J Pine Box - MVM Merrn Pine Box - Staff Merrn Pine Box - Resolution Pine Box - Agreement Iiif3"l ~ Iiif3"l ~ ~ ~ fIj Vacate - MVM Merrn Vacate - Staff Merrn Vacate - Resolutions Vacate - Map Material from November 6, 2006 City Council Meeting - Pine Box LLP ~ ~ ~ Pine Box - MVM Merrn Pine Box - Staff Merrn Pine Box - Resolution Material from October 16,2006 City Council Meeting - Crescent Community Health Center {j {j 1iif3"l... ~ fIj Vacate - MVM Merro Vacate - Staff Merro Vacate - Resolution Vacate - Vicinity Mapl P~t 11 7. Oak Court - Request to Vacate Proof of publication on notice of hearing to consider a request from Richard L. Harrison to vacate and purchase a portion of Oak Court at Rising Avenue and City Manager recommending approval. RESOLUTION Approving plat of proposed vacated portion of Oak Court at Rising Avenue RESOLUTION Vacating a portion of Oak Court at Rising Avenue RESOLUTION Disposing of City interest in Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Oak Ct - MVM Merro Oak Ct - Staff Merro Oak Ct - Resolut,ms Material from November 6, 2006 City Council Meeting ~ IWIlt "'EJ ~ ii Oak Ct - MVM Merro Oak Ct - Staff Merro Oak Ct - Resolut,m Oak Ct - Maps REINSTATE THE RULES ACTION ITEMS 1. Residential Parking Permit District (First Reading on November 6, 2006) City Manager transmitting information about parking enforcement efforts related to Hansel Drive and the recently created Residential Parking Permit District "H." ORDINANCE Establishing a Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont Drive Suggested Disposition: Receive and File; Motion B; Motion A ~- """^" -. IiiP"i ~ Hansel Dr - MVM Merro Hansel Dr - Staff Merro Material from November 6, 2006 City Council Meeting ~ ~ "'EJ IWI~ "'EJ lit ~ Hansel RPPD - MVM Hansel RPPD - Staff Hansel RPPD - Hansel RPPD - Olson Suggested Mot,m Merro Merro Ordinance Ltr 12 Material from October 16,2006 City Council Meeting ~ ~ ~ Ii Ii RPPD - MVM Merro RPPD - Staff Merro RPPD - Resolutkln RPPD - Vlcin~ Map RPPD Request 2. Parking Violation Fine Increases City Manager recommending that fine amounts for certain parking violations (excluding expired parking meter violations) be increased from the current $7 initial fee and 3D-day increase to $12 to the proposed structure of an initial fine of $15 and an increase to $20 if not paid within 30 calendar days. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 32-279 Parking Violations - Fines by increasing the fines for certain stopping, standing and parking violations Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ Rate COlTllarisons Fines - MVM Merro Fines - Staff Merro Fines - Ordinance 3. AlA Sustainable Design Assessment Team (SDAT) Application City Manager recommending approval of the submission of an AlA Sustainable Design Assessment Team (SDAT) Application. Suggested Disposition: Receive and File; Approve NOTE: Material for this Agenda Item will be delivered on Friday, November 17th. 4. Designation of Star Brewery Drive City Manager recommending that the portion of vacated Fourth Street Extension between Bell Street and the railroad tracks be named Star Brewery Drive to provide a street address for the building and its tenants. Suggested Disposition: Receive and File; Approve I[J I[J Ii Star Brewery Drive- MVM Merro Star Brewery Dr - Staff Merro Star Brewery Dr - Exhib~ 13 5. Legislative Priorities City Manager submitting the City's Legislative Priorities for the 2007 Legislative Session Suggested Disposition: Receive and File; Approve 1wI~ ~ 1wI~ ~ ~ Issues - MVM Merro Legis..t"e Issues 2007 ILC Legislat"e Priorities 6. Fiscal Year 2008 Policy Guidelines City Manager submitting the Fiscal Year 2008 Policy Guidelines for City Council review and approval. Suggested Disposition: Receive and File; Approve 1wI~ ~ ~ Guidelines - MVM Merro Policy Guidelines 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)U) 2005 Code of Iowa Jeanne F. Schneider November 16, 2006 14