10 1 07 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF
10/1/07
MICHALSKI
BRAIG
BUOL
CLINE
CONNORS
JONES
LYNCH
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, OCTOBER 1, 2007
PLEDGE OF ALLEGIANCE
INVOCATION
Captain Tom Mason, Salvation Army
PROCLAMATIONS
Dubuque Weatherization Challenge Day (October 6, 2007)
Breast of Friends Walk-A-Thon (October 7, 2007)
Week Without Violence (October 14 – 21, 2007)
White Cane Day (October 15, 2007)
Make a Will Month (October 2007)
Arts and Humanities Month (October 2007)
Community Appreciation Day (October 1, 2007)
Trick or Treat Night (October 31, 2007)
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 9/17 and 9/19; Civil Service Commission of 8/8 and 9/11; Electrical Code
Board of 9/24; Housing Commission of 8/28; Human Rights Commission of 8/13; Park
and Recreation Commission of 9/11; Zoning Board of Adjustment of 8/23
Library Board of Trustees Update from the Meeting of August 23, 2007
Proof of publication of City Council Proceedings of September 4, 2007
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Cheryl J. Hayes for personal injury; Nationwide Advantage Mortgage Company vs.
Laura L. Schumacher, Steven J. Schumacher, and the City of Dubuque Housing and
Community Development Department; Janaan and Mary Redmond for property
damage; Tom A. Hoffman 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: Thomas J.
Becker for property damage; Cheryl J. Hayes for personal injury; Janaan Redmond for
property damage
Suggested Disposition: Receive and File; Concur
3. Water Revenue Capital Loan Notes
City Manager recommending approval of the final actions necessary for the issuance of
$1,037,000 Water Revenue Capital Loan Notes.
RESOLUTION
Approving and authorizing a form of loan and disbursement agreement
by and between the City of Dubuque Iowa Finance Authority, Iowa Department of
Natural Resources and Wells Fargo Bank, N.A., and authorizing and providing for the
issuance and securing the payment of $1,037,000 Water Revenue Capital Loan Notes,
Series 2007, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa,
and providing for a method of payment of said notes
Suggested Disposition: Receive and File; Adopt Resolution
4. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Equipment
Operator I and Public Safety Dispatcher.
Suggested Disposition: Receive and File; Make a Matter of Record
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5. Asbury Road Eastbound Lane Widening Project
City Manager recommending acceptance of the Asbury Road Eastbound Lane
Widening Project as completed by Horsfield Construction, Inc., in the final contract
amount of $208,337.38.
RESOLUTION
Accepting the Asbury Road Eastbound Lane Widening Project and
authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
6. Federal Building Sidewalk Replacement Project
City Manager recommending approval of a contract with Portzen Construction, Inc. in
the amount of $81,877.50 for the Federal Building Sidewalk Replacement Project.
Suggested Disposition: Receive and File; Approve
7. Iowa Clean Air Attainment Program (ICAAP) Grant Application
City Manager recommending approval to submit an application to the Iowa Department
of Transportation (Iowa DOT) for Iowa Clean Air Attainment Program (ICAAP) funding
for the City of Dubuque US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic
Signalization Project.
RESOLUTION
Authorizing the filing of an application with the Iowa Department of
Transportation for Iowa Clean Air Attainment Program (ICAA) funding of City of
Dubuque US Highway 151/61 at US 52 and US Highway 151/61 at Maquoketa Drive
traffic signalization improvement project
Suggested Disposition: Receive and File; Adopt Resolution
8. Consultant Selection – North Fork Catfish Creek
City Manager recommending approval to negotiate and enter into a contract with IIW
Engineers & Surveyors, PC for the design of the North Fork Catfish Creek Sanitary and
Stormwater Drainage Improvements Project.
Suggested Disposition: Receive and File; Approve
9. Bell Street Widening – Purchase of Right-of-Way
City Manager recommending approval of the acquisition plat and acceptance of the
proposed right-of-way dedication and sidewalk and sprinkler system easement as part
of the Bell Street Widening Project.
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RESOLUTION
Approving the acquisition plat of Lot 1A of Adams Company’s 1
nd
Addition and Lot 3A of Adams Company’s 2 Addition in the City of Dubuque, Dubuque
County, Iowa, and accepting the dedication of right-of-way for Bell Street
Suggested Disposition: Receive and File; Adopt Resolution
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10. Cottingham and Butler – Amended Development Agreement
City Manager recommending approval of the Amended and Restated Development
Agreement for Cottingham & Butler, Inc. to support their rehabilitation of the Security
Building at 800 Main Street.
RESOLUTION
Approving an Amended and Restated Development Agreement for
Cottingham and Butler’s Security Building Project
Suggested Disposition: Receive and File; Adopt Resolution
11. Town Clock Renovation Project
City Manager recommending that the two bids received for the Town Clock Renovation
Project be rejected and the project rebid at a later date.
RESOLUTION
Rejecting the contract bid proposals for the Town Clock Renovation
Project
Suggested Disposition: Receive and File; Adopt Resolution
12. Housing Trust Fund Application
City Manager recommending approval of an application to be submitted to the Iowa
Finance Authority for a Local Housing Trust Fund Grant of $200,000 in support of the
Washington Neighborhood: Revitalize! strategy.
Suggested Disposition: Receive and File; Approve
13. 655 Gillespie Street
City Manager recommending approval of establishing the fair market value of property
located at 655 Gillespie Street at $151,000.
RESOLUTION
Establishing the Fair Market Value of real property owned by Gary A.
Anderson located at 655 Gillespie Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
14. Dubuque Board of Realtors
Communication from Terry Duggan, President of the Dubuque Board of Realtors,
regarding bluff land zoning.
Suggested Disposition: Receive and File
15. Police Department Five Year Plan
City Manager submitting the Police Department’s five year plan to create an additional
13 sworn police officer positions to the department beginning in Fiscal Year 2008.
Suggested Disposition: Receive and File
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16. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to 5-Point Mart and
Eagle Country Market
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Grand River
Center and Bandana’s Bar-B-Q; Class “C” Beer/Liquor License (5-Day Special Event) to
Loras College (October 11 and 18, 2007); class “B” Wine Permit to Eagle Country
Market; and Class “B” (WBN) Native Wine Permit to Solon Langworthy House
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. General Obligation Refunding Bonds
City Manager recommending that a public hearing be set for October 15, 2007 to
consider the issuance of not to exceed $3,585,000 General Obligation Refunding
Bonds.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $3,585,000 General Obligation Refunding Bonds (for an Essential Corporate
Purpose) of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/15/07
2. General Obligation Bonds
City Manager recommending that a public hearing be set for October 15, 2007 to
consider the issuance of not to exceed $1,200,000 General Obligation Bonds to support
the Asbury Plaza Lift Station and Force Main Project.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $1,200,000 General Obligation Bonds (for an Essential Corporate Purpose) of
Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/15/07
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Building Code Board of Appeals:
One 3-year at-large expired term through August 8, 2008 – Term of Gudenkauf
Applicant: Ronald Jahns
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PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. Robert Hartig / Medical Associates Clinic (Tabled from September 17, 2007)
Proof of publication on notice of public hearing to consider a request from Robert Hartig
/ Medical Associates Clinic to amend the Medical Associates Clinic Planned Unit
Development (PUD) District to redesignate existing greenway buffer for business uses
and Zoning Advisory Commission recommending denial.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the
Medical Associates West Campus Planned Unit Development District and by repealing
Ordinances 24-94, 32-96 and 35-99
Suggested Disposition: Receive and File; Remove from Table; Concur with
Denial; or Motion B; Motion A (Super Majority Vote)
2. Individual Historic Designation – 40-42 Main (Tabled from August 20, 2007)
Proof of publication on notice of public hearing to consider approval of the Individual
Historic Designation of 40-42 Main Street and City Manager recommending approval.
ORDINANCE
Amending Chapter 25 (Historic Preservation) of the City of Dubuque
Code of Ordinances by adding Section 25-6.14(2) Establishing an Individually
Designated Historic Property
Suggested Disposition: Receive and File; Motion B; Motion A
3. Vacation and Sale of Undeveloped Alley
Proof of publication on notice of public hearing to consider the vacation and sale of an
undeveloped alley near the old Dubuque Meat Packing Plant to SB Development, LLC
and City Manager recommending approval.
RESOLUTION
Vacating an alley
RESOLUTION
Disposing of City interest in Lot 378A of East Dubuque No. 2 in the City
of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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4. United States Postal Service
Proof of publication on notice of public hearing to consider a lease agreement with the
United States Postal Service for space at the Historic Federal Building and City
Manager recommending approval.
RESOLUTION
Disposing of interest in real property owned by the City of Dubuque by
lease agreement between the City of Dubuque and the United States Postal Service
Suggested Disposition: Receive and File; Adopt Resolution
5. Fiscal Year 2008 Budget Amendment
Proof of publication on notice of public hearing to consider the first amendment to the
Fiscal Year 2008 Operating Budget and City Manager recommending approval.
RESOLUTION
Adopting Amendment No. 1 to the Fiscal Year 2008 Budget for the City
of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
This action limits discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Tara Winger
Request of Tara Winger to address the City Council regarding food.
Suggested Disposition: Receive and File
2. Arts and Cultural Affairs Advisory Commission
Arts and Cultural Affairs Advisory Commission submitting the October 2007 State of the
Arts report.
Suggested Disposition: Receive and File
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3. 175 Anniversary Celebration Coordination Committee
City Manager recommending approval of a $25,000 grant program designed to
encourage the community-wide development of special projects, contests,
displays/exhibits, and events throughout 2008 to commemorate Dubuque's 175th
anniversary.
Suggested Disposition: Receive and File; Approve
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4. Silver Dollar Cantina - Community Development Block Grant Loan
City Manager recommending approval of a $100,000 Community Development Block
Grant Economic Development Loan Program forgivable loan to assist in the
establishment of the Silver Dollar Cantina Restaurant in the German Bank Building at
342 Main.
RESOLUTION
Authorizing a Commitment Letter and the execution of a Community
Development Block Grant Loan of One Hundred Thousand Dollars ($100,000) to MM&H
Corporation
Suggested Disposition: Receive and File; Adopt Resolution
5. Genuine Genius Solutions – Urban Development Action Grant (UDAG)
City Manager recommending approval to substitute the use of an Urban Development
Action Grant (UDAG) loan rather than the Community Development Block Grant loan for
the Genuine Genius Solutions, LLC project.
Suggested Disposition: Receive and File; Approve
6. Amended and Restated Port of Dubuque Public Parking Facility Development
Agreement
City Manager recommending approval of an Amended and Restated Port of Dubuque
Public Parking Facility Development Agreement between the City of Dubuque and
Diamond Jo, LLC.
RESOLUTION
Approving an Amended and Restated Port of Dubuque Public Parking
Facility Development Agreement between the City of Dubuque and Diamond Jo, LLC.
Suggested Disposition: Receive and File; Adopt Resolution
7. Diamond Jo, LLC – Minimum Assessment Agreement
City Manager recommending approval of the Minimum Assessment Agreement,
Guaranty and Escrow Agreement between the City of Dubuque and Diamond Jo, LLC
pursuant to the Amended and Restated Development Agreement for the Port of
Dubuque Public Parking Facility.
RESOLUTION
Approving the Minimum Assessment Agreement, Guaranty and Escrow
Agreement pursuant to the Development Agreement for the Port of Dubuque Public
Parking Facility between the City of Dubuque and Diamond Jo, LLC, and authorizing
execution of the same
Suggested Disposition: Receive and File; Adopt Resolution
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8. Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007
City Manager recommending adoption of a resolution approving the issuance of Urban
Renewal Tax Increment Revenue Bonds, Taxable Series 2007 for construction of the
Port of Dubuque Public Parking Facility.
RESOLUTION
Authorizing and providing for the issuance of Urban Renewal Tax
Increment Revenue Bonds, Taxable Series 2007, of the City of Dubuque, Iowa and
providing for the securing of such bonds for the purpose of carrying out an Urban
Renewal Project in the area of the City of Dubuque, Iowa designated as the Greater
Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolutions
9. Awarding Construction Contract for the Port of Dubuque Public Parking Facility
Project
City Manager recommending approval of the Third Agreement between the City of
Dubuque and Kraemer Brothers, LLC and award of the public improvement contract for
the Port of Dubuque Public Parking Facility Project to Kraemer Brothers, LLC.
RESOLUTION
Approving the Third Agreement between the City of Dubuque, Iowa and
Kraemer Brothers, LLC extending the bid for the construction of the Port of Dubuque
Public Parking Facility
RESOLUTION
Awarding Public Improvement Contract for the Port of Dubuque Public
Parking Facility Project
Suggested Disposition: Receive and File; Adopt Resolution
10. Comprehensive Plan Update
City Manager requesting that the Mayor and City Council select a date for a work
session to discuss the Comprehensive Plan update.
Communication from the Long Range Planning Advisory Commission recommending
that the City Council not accept the City Attorney’s suggested changes.
Suggested Disposition: Receive and File; Council
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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