11 17 08 City Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, NOVEMBER 17, 2008
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
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PRESENT: MAYOR BUOL, COUNCIL MEMBERS CRAIG, CONNORS, JONES, LYNCH,
RSI~fCK, VOEERG
CITY MANAGER V.AN MILLIGEN; CITY ATTORNEY LINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Reverend Dr. Ken Bickel, First Congregational United Church of Christ
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CONSENT ITEMS
Ayes Nays
Resnick
^' ~loetberg
Braig
Buol
Connors
Jones
~~ ~ ' Lynch
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1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 8/26 and 9/30; Building Code Appeals
Board of 11/6; Cable TV Regulatory Commission of 1/9 and 9/10; Cable Community
Teleprogramming Commission of 10/7; City Council of 11/3; Environmental Stewardship
Advisory Commission of 11/4; Housing Code Appeals Board of 5/20; Human Rights
Commission of 10/10 and 10/13; Park and Recreation Commission of 10/14; Zoning
Advisory Commission of 11/5; and Zoning Board of Adjustment of 10/23
Library Board of Trustees Update from meeting of October 23, 2008
Proofs of publication of City Council Proceedings of October 20, 2008 (Special Session
and Regular Session) and October 28, 2008
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Deborah M. Naderman for vehicle damage; Wells Fargo Bank, National Association as
Trustee vs. City of Dubuque, et al; Gordon Mills for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney recommending settlement of the claim of Deborah Nadermann for vehicle
damage.
Suggested Disposition: Receive and File; Concur
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
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3. City Development Eoard
Communication from Steven R. McCann, City Development Board, advising that the
City of Dubuque's voluntary annexation proposal will be considered by the Board on
November 12, 2008.
Suggested Disposition: Receive and File
4. Property Donation
City Manager recommending acceptance of property located behind Fire Station No. 2
on John F. Kennedy Road from Hohnecker's Incorporated.
RESOLUTION ~~,~~~; Approving plat of Lot 1 of Hohnecker Place No. 2
-;~„>
RESOLUTION ~~"~ ~ ~ Accepting the deed to certain real estate in Dubuque
County, Iowa from Hohnecker Incorporated
Suggested Disposition: Receive and File; Adopt Resolutions
5. Professional Services Agreement
City Manager recommending approval to execute the Professional Services Agreement
for Acquisition of ACTRA/TACTICS Software for the Primary Highway Improvement
Project No. 2008-16-019, Final Traffic Control Systems Improvements.
RESOLUTION ~~"~~~ `~ Approving the Iowa Department of Transportation
Professional Services Agreement for acquisition of ACTRA/TACTICS Software for the
Primary Highway Improvement Project No. 2008-16-019, Final Traffic Control Systems
Improvements (STP-A-946-0(1)--86-31)
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Resnick
Voetberg
Craig
~uol
Connors
Jones
Lynch
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6. High Bluff Retaining Wall Reconstruction
City Manager recommending that the award of the contract for the 911 High Bluff
Retaining Wall Reconstruction Project be officially recorded in the minutes of the City
Council.
Suggested Disposition: Receive and File
7. St. Mary's Retaining Wall Reconstruction
City Manager recommending that the award of the contract for the St. Mary's Retaining
Wall Reconstruction Project be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File
8. Fire Headquarters Green Roof Replacement Project
City Manager recommending award of the contract for the Fire Headquarters Green
Roof Replacement Project to Giese Roofing Company in the amount of $188,920.
RESOLUTION Awarding public improvement contract for the Fire
Headquarters Roof Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
9. Scenic Byways -Great River Road Interpretive Center /National Mississippi River
Museum and Aquarium Project
City Manager recommending approval of the Certificate of Completion and Final
Acceptance of Agreement Work form for the Scenic Byways -Great River Road
Interpretive Center /National Mississippi River Museum and Aquarium Project.
RESOLUTION ~'-`~'~' Approving the Certificate of Completion and Final
Acceptance of Agreement Work form for the Scenic Byways -Great River Road
Interpretive Center /National Mississippi River Museum and Aquarium Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
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10. 1l11indsor Avenue Storm Sewer Extension Project
City Manager recommending acceptance of the construction contract and
improvements associated with the Windsor Avenue Storm Sewer Extension Project.
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RESOLUTION ~"~ ~~° Accepting the Windsor Avenue Storm Sewer Extension
Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
11. Iowa 32 Bike /Hike Trail
City Manager recommending approval of a Resource Enhancement and Protection
(REAP) grant agreement with the Iowa Department of Natural Resources for Phase 2 of
the Iowa 32 Bike /Hike Trail.
RESOLUTION ~~`~Y~'` Approving a grant agreement for Resource
Enhancement and Protection (REAP) funding with the Iowa Department of Natural
Resources for Phase 2 of the Iowa 32 Bike /Hike Trail
Suggested Disposition: Receive and File; Adopt Resolution
12. Joint Motion for Dubuque and Asbury Annexations of Sandwedge Subdivision
City Manager recommending approval to file a joint motion with the City of Asbury
before the City Development Board to allow the City of Dubuque to delete the
Sandwedge Subdivision property owners from Dubuque's annexation proposal.
Suggested Disposition: Receive and File
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
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13.
14.
15.
16.
Final Plat -Conlan Place
Zoning Advisory Commission recommending approval of the final plat of Conlan Place
located on Kemp Road in Dubuque County, Iowa.
RESOLUTION
County, Iowa
~~
Approving the final plat of Conlan Place in Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Five Flags Management Agreement
City Manager recommending approval to extend the Five Flags Management
Agreement with SMG for the period July 1, 2009 to June 30, 2014.
RESOLUTION ~r`~'`r'~ ~=' Approving the first amendment to the Management
Agreement between the City of Dubuque, Iowa and SMG
Suggested Disposition: Receive and File; Adopt Resolution
PetData Animal Licensing Agreement
City Manager recommending approval of an agreement with PetData to provide animal
licensing services for the City.
Suggested Disposition: Receive and File; Approve
Tobacco Compliance -Civil Penalties for Tobacco Permit Holders
City Manager recommending acceptance and approval of Acknowledgement/Settlement
Agreements for a first offense violation for Casey's General Store #2420, 2699
Rockdale Road; Kwik Stop, 4039 Pennsylvania Avenue; A.W.N. Stop Mart, 1998
Jackson Street and for a second offense violation for Hy-Vee #2, 2395 Northwest
Arterial.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Resnick
Voetberg
Craig
Duol
Connors
Jones
Lynch
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17. Employee Wellness Program
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) to solicit proposals for the incentive-based health risk appraisal program funded
and approved for Fiscal Year 2009.
Suggested Disposition: Receive and File; Approve
18. Renewal Rates for the 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
19. Dubuque Warehouse District
Application to the Environmental Protection Agency for an Assessment Grant for the
Dubuque Warehouse District.
Suggested Disposition: Receive and File
20. Canadian Pacific Railroad
Communication from Fred Green, President and CEO of the Canadian Pacific Railroad,
advising that the acquisition of the Dakota, Minnesota & Eastern Railroad Corporation
(DM&E) and its subsidiaries has been declared officially final by the US Surface
Transportation Board.
Suggested Disposition: Receive and File
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
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2'l. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities in the amount of $39,000 for
Dubuque Community Schools for new cameras for The Forum board room where
school board meeting telecasts originate.
Suggested Disposition: Receive and File; Approve
22. Business License Refund
Tri-State Independent Blind Society, Inc. requesting a refund in the amount of $225.00
for their Beer /Wine /Liquor license.
Suggested Disposition: Receive and File; Approve
23. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
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RESOLUTION °°~''°'-~ °`~ Granting the issuance of a Class "C" Beer Permit to Kwik
Stop Food Mart and Plaza 20 BP /Amoco
RESOLUTION L` w Granting the issuance of a Class "B" (Hotel/Motel) Liquor
License to Grand Harbor Resort; Class "C" Beer/Liquor License to Bridge Restaurant
and Q; and a Class "WBN" Native Wine Permit to Kwik Stop Food Mart
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
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BOAR®s/c®nnnnissiorvs
Appointments to the following Boards/Commissions:
Civil Service Commission
One 4-year term through April 6, 2010 (Term of Kluesner)
Applicant: James Schilling, 3283 Bittersweet Lane
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
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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
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
1. Dubuque Industrial Center Planned Unit Development District (Tabled on
September 15, 2008)
City Manager requesting that this item be re-tabled until the January 19, 2009 City
Council meeting.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/
Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque
Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the
designation of property from open space to commercial and Zoning Advisory
Commission recommending approval, with conditions.
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
Dubuque Industrial Center Phases I and II located at the southwest corner of Highway
32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07
Suggested Disposition: Remove from Table; Receive and File; Table
ayes Nays F~,1 ~ ~ ~ x
'~' .Resnick ~'
y Voetberg r
,~ ,' ° Braig
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Connors
,~°`~ .~ Jones
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ayes Nays ~,
Resnick ~~
,Voetberg
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~~~ `- Buol
Connors
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Lynch
REINSTATE THE RULES
This action limits discussion to the City Council.
ayes days
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
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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. Designation of Queen Street as Through Street
City Manager recommending approval of the designation of Queen Street from the north
right-of-way line of East Twenty-Fourth Street to its northerly terminus at Burden
Avenue as a through street.
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ORDINANCE _ Amending City of Dubuque Code of Ordinances Section
32-321.321 Entering Through Streets by adding Queen Street, from the north right-of-
way line of East Twenty-Fourth Street to its northerly terminus at Burden Avenue as a
through street
Suggested Disposition: Receive and File; Motion B; Motion A -° r `
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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 -Chapter 21.5(1)Q) 2007 Code of Iowa
Motion to go into Closed Session at ~ ~
Ayes Nays
Resnick
Voetberg
°~ Braig
,.-~Buol
r 'Connors
- ~ n' ,Jones
,~
Lynch
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Motion to adjourn at ~~~°` ~ ~~~- ~'~-~
ayes Nays
Resnick
-Voetberg
~~Braig
( Buol
Connors
,F;`%~~ Jones
-~ ~ Lynch
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