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'CITY COUNCIL SPECIAL SESSION, NOVEMBER 20, 2006
COUNCIL MET IN RE,LAR SESSION AT 5:~P.~; IN THE L1BRARY,UDITORIU,-
PRE~ENT: MAY,QR.sUOL, COUNCIL MEMBERS ~AIG, qLlNE, COr,rNORS, JO~S,
L YtjCH, MICHfLSKI
CITY MANAGER VAN~ILLlGEN, CITY ATkRNEY LINDAHL
ABSENT:
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Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of reviewing the AlA Sustainable Design Assessment Team Application
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CITY COUNCIL REGULAR SESSION, NOVEMBER 20, 2006
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M.}N THE L1~RARY ~UDITORI~
PRESI;NT: MA~-~OL, COUNCIL MEMBERS ~AIG, CLuQ'E, CONpiORS, J~ES,
L YN~, MICH!<LS'k~U
CITY MANAGER V~ MILLlGEN, CITY ATTORNE.,{INDAHL
ABSENT:
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of discussing such matters which may properly come before the City
Council.
INVOCATION: Father Thomas Zinkula, Pastor, Holy Ghost Catholic Church
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CONSENT ITEMS
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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
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.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 /5:50
Accepting improvement
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RESOLUTION ~-:/
RESOLUTION <--'-C""~
Approving final estimate
Approving the final Schedule of Assessments
Suggested Disposition: Receive and File; Adopt Resolutions
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2006 Weed Assessments
City Manager recommending approval of the levy of special assessments for the 2006
Weed Enforcement Program.
RESOLUTION .:503 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 55-;/" 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
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 655 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
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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 6:..."':;? 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
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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
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
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Suggested Disposition: Receive and File
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.
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Suggested Disposition: Receive and File; Approve Refund
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Business Licenses
City Manager recommending approval of the annual liquor license renewal for the
Aragon tap, Grand Harbor ResortNVater, Jumpers Sports Bar/Grill, Target Store and
Plaza 20 Bp/Amoco.
RESOLUTION 65? Granting the issuance of a Class "C" Beer Permit
to Target Store and Plaza 20 BP/Amoco
RESOLUTION 5515 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
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ITEMS TO BE SET FOR PUBLIC HEARING
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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 _____~5Y 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
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 ~") b 0 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
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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
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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
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PUBLIC HEARINGS
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SUSPEND THE RULES
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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.
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ORDINANCE' Amending Appendix A (the Zoning Ordinance) of the )
City of Dubuque Cod of Ordinances by reclassifying hereinafter described property )
located near the southwest corner of Seippel Road and Old Highway Road from LI Light, till II
Industrial District to HI Heavy Industrial District /fA(fJ v
Suggested Disposition: Receive and File; Concur with Denial; or Motion B; ~y~~, / !v
Motion A (Super Majority Vote Necessary) hf {V
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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 "7/-.0;::; 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
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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 7 d -0 ? 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
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Suggested Disposition: Receive and File; Motion B; Motion A
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University of Dubuque - Amend 10 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. tV
ORDINANCE -;;:3 -0 ? Amending Appendix A (the Zoning Ordinance) of r . ~
the City of Dubuque Code of Ordinances by providing for the approval of an amended IV
Conceptual Development Plan to allow construction of a new facility building for the !
University of Dubuque ID Institutional District . vf'
Suggested Disposition: Receiv and File; Motion B; Motion A .I}~r U i
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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 '- 5'? / 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
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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 5~:3 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 5c; ~ Approving plat of proposed vacated alley between
Washington Street and Elm Street from 1 yth Street to 18th Street
RESOLUTION 6~;5' Vacating an alley between Washington Street
and Elm Street from 17th Street to 18th Street
RESOLUTION ..!--)' r:; ?; 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
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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 sc:;;-?
Court at Rising Avenue
RESOLUTION -:;..::) b 'it
RESOLUTION 5"6 f Disposing of City interest in Lot 32A of Union
Addition in the City of Dubuque, Dubuque County, Iowa
Approving plat of proposed vacated portion of Oak
Vacating a portion of Oak Court at Rising Avenue
Suggested Disposition: Receive and File; Adopt Resolution
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REINSTATE THE RULES
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ACTION ITEMS
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
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AlA Sustainable Design Assessment Team (SDAT) Application
City Manager recommending approval of the submission of an AlA Sustainable Design
Assessment Team (SDAT) Application.
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Suggested Disposition: Receive and File; Approve
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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
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Legislative Priorities
City Manager submitting the City's Legislative Priorities for the 2007 Legislative Session
Suggested Disposition: Receive and File; Approve
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6.
Fiscal Year 2008 Policy Guidelines 0
City Manager submitting the Fiscal Year 2008 Policy Guidelines for City Council review J \ ~
and approval. !)p
Suggested Disposition: Receive and File; Approve r ~ ~
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COUNCIL MEMBER REPORTS ~ ; )
PUBLIC INPUT rrq;. ~.
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. jN'
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CLOSED SESSION
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Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)U) 2005 Code of Iowa
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