11 20 06 Agenda No Icons
CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF SPECIAL MEETING
Government Body: City Council
Date: Monday, November 20, 2006
Time: See Below
Place of Meeting: Library Auditorium, 360 W. 11th Street
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NOTICE IS HEREBY GIVEN that the above identified governmental bodywill meel at
the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
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5:30 P.M. Work Session --
Discussion of AlA Grant Application ...
Sustainable Design Assessment Team Program
6:30 P.M. See Attached --
Regular Council Agenda
This notice is given pursuant to Chapter 21, Code of Iowa, 2005, and applicable
local regulations of the City of Dubuque, Iowa andfor governmental body holding
the meeting.
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anne F. Schneider, CMC, City Clerk
ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE
OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY
CLERK'S OFFICE AT (563) 589-4120 OR TOD (563) 690-6678 AT LEAST 48 HOURS
PRIOR TO THE MEETING
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
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
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
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
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
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
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
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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
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
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
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
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
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
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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
15. Signed Contracts
__ 1934 Federal Building Renovation Design Contract
-- City Hall Tuckpointing Project
Suggested Disposition: Receive and File
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 ResortJWater, 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
ITEMS TO BE SET FOR PUBUC 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
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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
12/4106
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
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 tenn through 8/17108)
Applicant: Linda Frommelt
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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)
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
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
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4. University of Dubuque - Amend ID Institutional District
Proof of publication on notice of hearing to consider amending the University of
Dubuque 10 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
Development Plan to allow construction of a new facility building for the University of
Dubuque 10 Institutional District
Suggested Disposition: Receive and File; Motion B; Motion A
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 /
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
6. Pine Box LLLP / 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 / 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
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RESOLUTION Approving plat of proposed vacated alley between Washington Street
and Elm Street from 1 ih Street to 18th Street
RESOLUTION Vacating an alley between Washington Street and Elm Street from 1 ih
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
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
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 8; Motion A
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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 30-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
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
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
5. Legislative Priorities
City Manager submitting the City's Legislative Priorities for the 2007 Legislative Session
Suggested Disposition: Receive and File; Approve
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
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.
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CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)O) 2005 Code of Iowa
Jeanne F. Schneider
November 16, 2006
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