11 3 08 Assistant City Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, OCTOBER 20, 2008
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
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PRESENT: MAYOR~B~1OL, COUNCIL MEMBERS BRAIG, CON~(®RS, JOt~E
RES~ICK, VOETRG
CITY MANAGER VAN MIL~ICEN; CITY ATTORNEY NDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Father Dwayne Thoman, Nativity Catholic Church
PROCLAMATIONS:
9
Philanthropy Day (November 15, 2008) ~ '~`°` y< ~ ~ -
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National Hospice Month (November 2008) ~E - ~.
2
CONSENT ITEMS
1. Minutes and Reports Submitted
City Council of 10/20 and 10/28; Civil Service Commission of 10/9; Historic Preservation
Commission of 10/16; Investment Oversight Advisory Commission of 10/22; Zoning
Advisory Commission of 10/22
Library Board of Trustees Update from the meeting of September 25, 2008
Investment Oversight Advisory Commission 62nd Quarterly Report
Proof of publication of City Council Proceedings of October 6 and 13, 2008, and List of
Claims and Summary of Revenues for month ending September 30, 2008
Suggested Disposition: Receive and File
2. Asbury Business Park -Acceptance of Easement
City Manager recommending approval of the acceptance of the easement for sanitary
sewer lift stations, force main, storm sewer, watermain, streets and public utilities in
Asbury Business Park from Motor City, LLC.
~~
RESOLUTION ,:~>~~~` Accepting the grant of an easement for sanitary sewer
lift stations, force main, storm sewer, water main, streets and public utilities in Asbury
Business Park in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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Ayes . Nays
Resnick
Voetberg
Braig
~,,~ Buol
~,,- Connors
~~- Jones
~ ~.-' Lynch
3
3. Investment Policy Revisions
City Manager recommending approval of updates to the City of Dubuque Investment
Policy.
RESOLUTION ~ '°`~ Adopting the City of Dubuque Investment Policy
Suggested Disposition: Receive and File; Adopt Resolution
4. Water Pollution Control Plant Design
City Manager recommending approval of the selection of Strand Associates/IIW for
design engineering and construction services for the Water Pollution Control Plant
improvements.
Suggested Disposition: Receive and File; Approve
5. Sanitary Sewer Installation - 1195 Thomas Place
City Manager recommending approval of an agreement with Anna Kim, the current
owner of 1195 Thomas Place, for her to do some home repairs and the City to extend
sanitary sewer service.
Suggested Disposition: Receive and File; Approve
6. Civil Service Commission
Civil Service Commission submitting the certified list for the positions of Bus Operator
and Laborer.
Suggested Disposition: Receive and File; Make a Matter of Record
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
4
7. Mediacom
Communication from Lee Grassley, Senior Manager of Government Relations, advising
that Mediacom will be adding three channels to the digital plus lineup.
Suggested Disposition: Receive and File
8. Cable TV Teleprogramming Commission
Communication from Tom McDonough submitting his resignation from the Cable TV
Teleprogramming Commission effective immediately.
Suggested Disposition: Receive and File; Accept Resignation
9. Consultant Agreement -Wireless Facility Ordinance and Leases
City Manager recommending approval of an agreement with The Center for Municipal
Solutions to assist the City in regulating towers and wireless facilities and that the
Resolution of Interim Application for Wireless Telecommunications Facilities be
renewed for an additional ninety days.
RESOLUTION ~ ,!~ Amending Resolution No. 238-08 which adopted an interim
application process for wireless telecommunication facilities by extending the interim
application process until February 1, 2009
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
5
10. Crescent Community Health Center
Historic Preservation Commission communication to Julie Woodyard, Crescent
Community Health Center, advising that the Commission approves the proposed interior
build-out of the final 1600 square feet of interior space of the former Dubuque Casket
Company Building located at 1789 Elm Street.
Suggested Disposition: Receive and File
11. Riverside Marina Project
Historic Preservation Commission communication to Martin Konrad, Iowa Department of
Natural Resources, advising that the Commission supports the Riverside Marina Project
in the Port of Dubuque and requesting that the Commission be consulted in the initial
schematic design of the buildings.
Suggested Disposition: Receive and File
12. Iowa 32 Bike/Hike Trail -Phases 2 and 3
City Manager recommending approval of federal funding requests submitted for Phases
2 and 3 of the Iowa 32 Bike/Hike Trail.
Suggested Disposition: Receive and File; Approve
13. Washington Neighborhood /Housing Trust Fund Application
City Manager recommending approval of the submission of an application to the Iowa
Finance Authority for support of the City's Homeownership Grant Program.
RESOLUTION ~_ Approving commitment of matching funds for an
application to the Iowa Finance Authority (IFA) for State Housing Trust Funds
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
6
14. Quarterly Investment Report
City Manager transmitting the Quarterly Investment Report for the period ending
September 30, 2008.
Suggested Disposition: Receive and File
15. Historic Preservation Commission Vacancy
City Manager advising that Historic Preservation Commission Interim Commissioner
Pam Cleek passed away while on vacation in Tennessee.
Suggested Disposition: Receive and File
16. Upgrade of Dubuque Greyhound Park and Casino Facility
City Manager recommending approval of a $10 million renovation project at Dubuque
Greyhound Park and Casino.
Suggested Disposition: Receive and File; Approve
17. Business License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION ~~~ Granting the issuance of one permit to sell cigarettes
and cigarette papers to A & B Tap
RESOLUTION ~~~~~~~'~ Granting the issuance of a Class "C" Beer Permit to
Kwik Stop Food Mart and Aldi, Inc.
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RESOLUTION ~ ~~ ~ Granting the issuance of a Class "C" Beer/Liquor
License to Aragon Tap and Yen Ching Restaurant; Class "B" Wine Permit to Aldi, Inc.;
and a Class "WBN" Native Wine to Kwik Stop Food Mart
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
7
BOAR®SICOIVIMISSIONS
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.
Civil Service Commission
One 4-year term through April 6, 2010 (Term of Kluesner)
Applicants: James Schilling, 3283 Bittersweet Lane --
John Stevens, 2215 Graham Circle ~- ~` ~~~ ~ ~ -~
Appointments to the following Boards/Commissions:
Plumbing Board
Two 3-year terms through November 2, 2011 (Master Plumber Requirement, Terms of Gonner
and Willenborg)
Applicants: Stanley Gonner, 485 O'Neill Street
Harlan Willenborg, 3254 Lake Ridge Drive
Ayes Nays
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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
Ayes Nays
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1. West Side Voluntary Annexation
Proof of publication on notice of public hearing to consider the annexation of
approximately 643 acres (not including road right-of-way) on the west side of Dubuque.
Communication from James Adams, Mayor -City of Asbury, advising that property
owners on Sandwedge Drive and Sandwedge Court have submitted "Applications for
Voluntary Annexation" to the City of Asbury.
RESOLUTION ~ ~~~ Approving applications for the voluntary annexation of
certain territory in Dubuque County, Iowa and additional land whose owners have not
consented to the voluntary annexation of said land
Suggested Disposition: Receive and File; Adopt Resolution
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2. First Amendment to Cooper Development, LLC Development Agreement
Proof of publication on notice of public hearing to consider a loan assumption and the
First Amendment to Agreement with Cooper Development, LLC for the "Bricktown"
parking lot located at the southeast corner of 3rd Street and Locust Street and City
Manager recommending approval.
RESOLUTION f Approving an Amendment to Agreement with Cooper
Development Company, LLC in regard to the parking lot located at the southeast corner
of 3rd Street and Locust Street
Suggested Disposition: Receive and File; Adopt Resolution
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r Aygs Nays
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~'~°s Voetberg
~~' ~;~.~'l Braig
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3. Request to Rezone -13910 Whistlewind Lane (Tabled on October 20, 2008)
Proof of publication on notice of public hearing to consider a request from Elaine Kelly
to rezone property located at 13910 Whistlewind Lane from County R-1 Rural
Residential District, R-2 Single-Family Residential District and C-1 Conservancy District
to City of Dubuque CR Commercial Recreation District, in conjunction with annexation,
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 13910 Whistlewind Lane from County R-1 Rural Residential District, R-2
Single-Family Residential District to City of Dubuque CR Commercial Recreation
District, concurrent with annexation
Suggested Disposition: Remove from Table; Receive and File; Motion B; Motion
A
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Ayes Nays
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4. Fire Headquarters Green Roof Project
Proof of publication of notice of public hearing consider approval of the plans and
specifications, form of contract and estimated cost for the Fire Headquarters Green
Roof Project and City Manager recommending approval.
RESOLUTION ~~ Approving plans, specifications, form of contract, and
estimated cost for the Fire Headquarters Green Roof Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Resnick
Voetberg
~~` Braig
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REINSTATE THE RULES ~" '~
This action limits discussion to the City Council. ~m
Ayes ,~ Nays
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ACTT®N ITEMS
These are items where discussion is held by the City Council -public comments are not
allowed except as authorized by the Mayor.
1. Convention and Visitors Bureau
Dubuque Area Chamber of Commerce Convention and Visitors Bureau Director Sue
Czeshinski presenting the Bureau's quarterly report.
Suggested Disposition: Receive and File
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2. Citizen Request ~ ~<:
Char Eddy requesting to address the City Council to submit a petition to provide winter
maintenance on any public right-of-way (street or alley) which bisects a school's
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property. ~`~ ` ys,
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Suggested Disposition: Receive and File; Coul
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3. Development Agreement with Interstate Building, LLLP and 1nIS Live, LLC
City Manager recommending approval of a Development Agreement with Interstate
Building, LLLP and WS Live, LLC to provide incentives to retain 122 employees of WS
Live, LLC in Dubuque and for the creation of an additional 28 positions.
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RESOLUTION i~d` Approving a Development Agreement with Interstate
Building, LLLP and WS Live, LLC
Suggested Disposition: Receive and File; Adopt Resolution
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Ayes Nays
°'° Resnick
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4. Parking Meter District -Requested Expansion
City Manager recommending approval of the expansion of the downtown parking meter
district to include parking meters on the south side of 11t" Street from White Street to
Washington Street as requested by Dallas Kalmes, d/b/a Kalmes Breaktime Bar & Grill.
ORDINANCE Amending City of Dubuque Code of Ordinances Section
32-321.666 Municipal Parking Meter District Established by adding Eleventh Street
(south side) from White Street to Washington Street as a Municipal Parking Meter
District
Suggested Disposition: Receive and File; Motion B; Motion A
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5. Parking Fines -Delinquent Definition
City Manager recommending approval of an ordinance amendment to better define that
a parking ticket shall become delinquent if not paid within seven calendar days from the
date of issuance.
ORDINANCE ~' " Amending City of Dubuque Code of Ordinances Section
32-321.621 Parking Violations -Fines to provide that a ticket shall become delinquent if
not paid within seven (7) calendar days from the date of issuance
Suggested Disposition: Receive and File; Motion B; Motion A
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6. Disabled Parking Regulations
City Manager recommending approval of a proposed ordinance to provide more specific
regulations regarding proper parking in designated disabled parking spaces.
ORDINANCE ~~r Amending City of Dubuque Code of Ordinances
Section 32-321.705 Prohibited Use of Parking Places or Identification Devices by
adding a paragraph on the manner of parking in accessible parking stalls
Suggested Disposition: Receive and File; Motion B; Motion A
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7. Animal Ordinance Changes
City Manager recommending approval of changes to the Animal Ordinance which are
required for the conversion to selling animal licenses through PetData.
ORDINANCE ~' ~ City of Dubuque Code of Ordinances by repealing
Chapter 7 Animals and Fowl and adopting a new Chapter 7 Animals and Fowl in lieu
thereof providing restrictions on maintaining livestock and the storage of animal food;
prohibiting the harboring of a vicious dog or cat; providing for the licensing of dogs and
cats; establishing requirements for rabies control; prohibiting the keeping of dangerous
animals; and establishing procedures for the declaration of potentially vicious dogs
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
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Buol
Connors
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8. Downtown Design Guidelines Work Session
City Manager requesting that a work session be scheduled regarding the Downtown
Design Guidelines on November 24th at 6:30 p.m. or December 1St at 5:00 p.m.
Suggested Disposition: Receive and File; Council
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~~. Sustainable Dubuque Initiative Work Session
City Manager submitting information on the Sustainable Dubuque Initiative and
requesting that a work session be scheduled on November 17t or December 15t" at
5:00 p.m.
Suggested Disposition: Receive and File; Council
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10. 2009 Legislative Priorities
City Manager recommending approval of the 2009 Legislative Priorities.
Suggested Disposition: Receive and File; Approve
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11. City of Dubuque Receives Award from International Economic Development
Council
Press release announcing that the City of Dubuque is receiving the 2008 Excellence in
Economic Development Awards Honorable Mention in recognition of the America's
River Project public/private partnerships from the International Economic Development
Council.
Suggested Disposition: Receive and File
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Ayes _ Nays
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Voetberg
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Connors
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COUNCIL MEMBER REPORTS < ~ - `~ ~`'"
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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.
Motion to adjourn at a~.~ ~
Ayes Nays
~~°°~ Resnick
s~ ~` Voetberg
~.~ Braig
~~~-° Buol
~~-° Connors
Jones
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22