12 15 08 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, DEC MEER 15, 200
COUNCIL MET IN REGULARS SSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESENT: MAYOR B~IOL, COUNCIL MEMBERS BRAIG, CONNORS, JONES, LYNC~I,
RESNICK, VOETERG
CITY MANAGER VAN MILLIGEN; CITY ATTORNEY LINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Father John Haugen, Loras College
CONSENT ITEMS
Ayers Nays
~` Voetberg
Braig
Buol
Connors
,Jones
~J Lynch
` Resnick
1. Minutes and Reports Submitted
Cable TV Regulatory Commission of 11/12; Cable TV Teleprogramming Commission of
11/12; City Council of 12/1; Civil Service Commission of 11/17 and 11/25; Electrical
Code Board of 12/1; Environmental Stewardship Advisory Commission of 12/2; Human
Rights Commission of 11/10; Zoning Advisory Commission of 11/5; Zoning Board of
Adjustment of 11/20
Library Board of Trustees Update from meeting of November 20, 2008
Proofs of publication of City Council Proceedings of November 17, 2008 (Special
Session and Regular Session) and November 21, 2008 and List of Claims and
Summary of Revenues for the month ended October 31, 2008
Printed Official Proceedings of the City Council for 2007
Suggested Disposition: Receive and File
2. Claims/Suits
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: Grand Opera
House for property damage and Amanda Reynolds for vehicle damage.
City Attorney recommending settlement of the claim of Irene Holz for property damage.
Suggested Disposition: Receive and File; Concur
2
3. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Foreman and
Park Ranger.
Suggested Disposition: Receive and File; Make a Matter of Record
4. Five Flags Sidewalk Replacement Project
City Manager recommending acceptance of the Five Flags Sidewalk and Lighting
Replacement Project as completed by Portzen Construction, Inc., in the final contract
amount of $232,158.83.
,., s
RESOLUTION ~'`~'. Accepting the Five Flags Sidewalk and Lighting
Replacement Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
5. Fire Station No. 2, John F. Kennedy Parking Lot Reconstruction Project
City Manager recommending acceptance of the Fire Station No. 2, John F. Kennedy
Parking Lot Reconstruction Project as completed by Portzen Construction, Inc., in the
final contract amount of $73,470.34.
RESOLUTION ~a ~~~ Accepting the Fire Station No. 2 -John F. Kennedy
Road Parking Lot Reconstruction Project and authorizing payment of the contact
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
6. Timber-Hyrst Estates, Phase I -Acceptance
City Manager recommending acceptance of the public improvements which the
developer, North Cascade Road Developers, LLC (NCR Developers), has recently
completed in Timber-Hyrst Estates.
d-
RESOLUTION ~~' Accepting public improvements in Timber-Hyrst Estates
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Voetberg
Draig
13uo1
Connors
Jones
Lynch
Resnick
3
7. Stone Brook Center Second Addition -Acceptance
City Manager recommending acceptance of the public improvements which the
developer, NEZTROP, LLC has recently completed in Stone Brook Center Second
Addition.
RESOLUTION °;~'~'~ Accepting public improvements in Stone Brook Center
Second Addition
Suggested Disposition: Receive and File; Adopt Resolution
8. Eagle Valley Subdivision -Acceptance
City Manager recommending acceptance of the public improvements that the
developer, Fondell Excavating, Inc., has recently completed in Eagle Valley Subdivision
in the City of Dubuque, Iowa. ~, .~ ;
p , ~~~
RESOLUTION c-` ~ ~_" Improv~tnents in Eagle Valley Subdivision
.,~
Suggested Disposition: Receive and File; Adopt Resolution
9. 2008 Weed Assessments
City Manager recommending approval of the levy of special assessments for the
second half of the 2008 Weed Enforcement Program in the total amount of $1,810.
RESOLUTION °~`~:~ ~°~ Adopting the schedule of assessments for the second half
of the 2008 Weed/Garbage/Junk 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
Ayes Nays
Voetberg
raig
Buol
Connors
Jones
Lynch
Resnick
4
10. Neighborhood Stabilization Program Funds
City Manager recommending approval of an application to the Iowa Department of
Economic Development (IDED) for Neighborhood Stabilization Program funds.
RESOLUTION ~~`~ %~ Authorizing submission of an application to the Iowa
Department of Economic Development (IDED) for Neighborhood Stabilization Program
Funds
Suggested Disposition: Receive and File; Adopt Resolution
11. Purchase of Property - 2273 / 2301 Prince Street
City Manager recommending approval of the purchase of a residential rental dwelling
located at 2273 / 2301 Prince Street as part of the acquisition program associated with
the Bee Branch Creek Restoration Project.
RESOLUTION ~° °~°'~ Approving the acquisition of real estate located at 2273 /
2301 Prince Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
12. Purchase of Property -1575 Maple Street
City Manager recommending approval of the purchase of a residential dwelling located
at 1575 Maple Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION -~ ~ ~ ~ Approving the acquisition of real estate located at 1575
Maple Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
5
13. Purchase of Property - 510-512 Rhomberg Avenue
City Manager recommending approval of the purchase of a rental dwelling located at
510 - 512 Rhomberg Avenue as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RESOLUTION `~.~ Rescinding Resolution No. 142-08 which contained an
incorrect legal description and approving this resolution for the acquisition of real estate
located at 510, 510%2, and 512 Rhomberg Avenue, in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
14. Purchase of Property - 2290 Washington Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2290 Washington Street as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
,~~ ,,~ e
RESOLUTION ~"`.,,~.~ Approving the acquisition of real estate located at 2290
Washington Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
15. Administrative Services Fee Renewal -Flexible Spending Plan
City Manager recommending approval of the renewal rates from Total Administrative
Services Corporation (TASC) for administration of the City's flexible spending plan.
Suggested Disposition: Receive and File; Approve
16. Human Rights Commission Annual Report
Human Rights Commission submitting the Annual Report for Fiscal Year 2008.
Suggested Disposition: Receive and File
Lynch
Resnick
6
17. Alcohol Compliance -Civil Penalties for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for a first offense alcohol compliance violation for EI Paisano Grocery Store and
Isabella's at the Ryan House.
Suggested Disposition: Receive and File; Approve
18. Citizen Communication
Communication from Jim and Anita Sullivan regarding the West 32nd Street Detention
Basin.
Suggested Disposition: Receive and File; Refer to the City Manager
19. Amendment to B & G Consulting, LLC Agreement
City Manager recommending approval of an amendment to the consulting agreement
with B & G Development, LLC for identifying and marketing City parcels or facilities to
New Market Tax Credit Community Development Entities.
Suggested Disposition: Receive and File; Approve
20. WS Live -Community Development Block Grant (CDBG) Loan Agreement
City Manager recommending approval of a $375,000 forgivable loan request from WS
Live, LLC for funding through the City's Community Development Block Grant (CDBG)
Economic Development Loan Program to assist in the company's relocation to 131 W.
10t" Street.
RESOLUTION °~~°` ~,~ Authorizing a commitment letter and the execution of a
Community Development Block Grant Loan of Three Hundred Seventy-Five Thousand
Dollars ($375,000) to WS Live, LLC
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Voetberg
Braig
uol
Connors
Jones
Lynch
Resnick
7
21. Interstate Building, LLLP and VVS Live, LLC -First Amendment to Development
Agreement
City Manager recommending approval of the First Amendment to the Development
Agreement with Interstate Building, LLLP and WS Live, LLC to reflect changes in
employment numbers and that WS Live must be completely out of their current facility
by January 15, 2009.
RESOLUTION ~~'` Approving the first amendment to the Interstate Building,
LLLP and WS Live, LLC Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
22. !Nest Side Annexation: Joint fVlotion
City Manager transmitting a letter from Asbury City Administrator Beth Bonz and the
joint motion by Dubuque and Asbury supporting the voluntary annexation of Sandwedge
Subdivision to the City of Asbury.
Suggested Disposition: Receive and File
23. Dubuque IVlain Street, Ltd Program Agreement
City Manager recommending approval of a Program Agreement between Dubuque
Main Street, Ltd., the City of Dubuque and the Iowa Department of Economic
Development.
RESOLUTION `a =~ of Support and financial commitment for the Main Street
Program in Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Voetberg
Braig
Buol
Connors
Jones
Lynch
Resnick
8
24. SRF Loan Agreement -1lVest 32"d Street Detention Basin
City Manager recommending approval of the suggested proceedings to complete the
action required on the issuance of $2,000,000 Sewer Capital Loan Notes (State of Iowa
Revolving Fund Loan).
RESOLUTION ~. ~ ~ Relating to the issuance of Sewer Revenue Bonds by
the City of Dubuque under the provisions of Chapter 384 of the Code of Iowa,
authorizing and providing for the issuance and securing the payment of
$2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, and providing for
a method of payment thereof, and related matters
Suggested Disposition: Receive and File; Adopt Resolution
25. Donation of Firefighter Gear
City Manager recommending approval of the donation of firefighter gear to firefighters in
the Philippines.
Suggested Disposition: Receive and File; Approve
26. U.S. Conference of Mayors
Communication from the U.S. Conference of Mayors advising that the City has received
a Best Practice Award for our lead safety efforts.
Suggested Disposition: Receive and File
27. Business License Refunds
Diamond Jo, LLC requesting a refund of Cigarette License No. DBQ-037 in the amount
of $50.00.
David Wetter, Club Phoenix, requesting a refund of Beer/Wine/Liquor License
#LC0035579 in the amount of $422.50.
Suggested Disposition: Receive and File; Approve Refunds
Ayes Nays
Voetberg
Braig
Buol
Connors
Jones
Lynch
Resnick
9
28. business License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
,~ ~ ~,`
RESOLUTION ~;~ ~, Granting the issuance of one new license to sell
cigarettes to Diamond Jo Casino
P ¢°e`~
RESOLUTION `.,~ f Granting the issuance of a Class "B" (Hotel/Motel) Liquor
License to Holiday Inn Five Flags; Class "C" Beer/Liquor License to The White House,
Mario's Italian Restaurant, Pepper Sprouts, Bowling and Beyond, The Moracco, Cue
Masters Billiards, and Instant Replay; a Class "B" Wine Permit to Diamond Jo, LLC, and
a Class "WBN" (Native Wine) Permit to Engraved Gift Collection
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Voetberg
Craig
~uol
Connors
Jones
Lynch
Resnick
10
®ARDS/C®MNIISSI®NS
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.
Housing Code Appeals Board
Two 3-year terms through January 11, 2012 (Terms of Durley and Newman)
Applicants:
Fred Miller, 2462 Central Avenue ~` . ~ ~'~
Paul Newman, 1895 Central Avenue, ~
Appointments to the following Boards/Commissions:
Historic Preservation Commission - Langworthy District Interim Commissioner
One 4-year term through July 1, 2011 (Term of Cleek)
Applicant:
Eli Licht, 1759 Vizaleea Drive
Ayes Nays
Voetberg
Braig
-~Buol
Connors
°~~Jones
~~~ Lynch
'° Resnick
p ,
Human Rights Commission ,,<<'~
Three 3-year terms through January 1, 2012 (Terms of Allen, Wilberding, V~riden Heuvel)
Applicants: r e ~.` ~ ~1 , ~ ~' ` ; ~ p 1
Anthony Allen, 575 Almond Street ,~ ~~ ~ . A ~ ~ ~ °,
Terry Driskell, 249 York Street ~"~ ~ f'~ ,
,~ ~"
Katrina Wilberding, 3715 Asbury Road ~ . r
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9 Ayes , Nays ~,
~~~Voetberg ~ ` ~
t E._ Braig
Buol r~, ,~~1 ~, k'
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Resnick ~ ~'z ~,~~/~
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11
IVlediacom Charitable Foundation
Two 1-year terms through December 31, 2009 (Terms of Chavenelle and Twining)
Applicants:
Gail Chavenelle, 1155 Kelly Lane
Connie Twining, 421 North Booth Street
Ayes Nays
,P` ~~.,Voetberg
~~ Braig
,~' ` Buol
~' ~^,~'Connors
'Jones
•~` Lynch
t Resnick
Transit Board of Trustees
One 3-year term through July 30, 2011 (Term of Davidson)
Applicant:
John Curtis, 1951 Alta Vista
Ayes Nays
~' ,, cVoetberg
.~ ~ `:~ ~Braig
~ ~3~' Buol
~,~~ , ~--~; Connors
r'" ~` r4a &
Jones
:~`~ Lynch
~{ , Resnick
12
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 ~~
,~`° ,Voetberg ~ r,,~.
Braig , , .
~_ ~ Buol
f
P ~ ~ ~,;EConnors
w ~-
,` Jones
Lynch
,.,. Resnick
o
1. Request to Rezone - 6255 Pennsylvania Avenue ~ ~ ' '~°~
Proof of publication on notice of public hearing to consider a request frdm Dave and Tim
Blake to rezone property located at 6255 Pennsylvania Avenue ~varest~ofr Heacock road
and north of Pennsylvania Avenue) from AG Agricultural to AC-~`Cultural~istrict with a
RROD Rural Residential Overlay Designation and Zoning Advisory-~ mmission
recommending approval.
ORDINANCE ~~'~~ Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by reclassifying hereinafter described property located
at the northwest corner of Middle Road and Heacock Road from AG Agricultural District
to AG Agricultural District with a Rural Residential Overlay District Designation
Suggested Disposition: Receive and File; Motion ; Motion A
Ayes Nays
,F Voetberg
Braig
~, Buol
At ~ Connors
s ` .Jones
F' ~` . ~ Lynch
~~" Resnick
13
eyes mays
.° - Voetberg '~
~` Braig ~ ~'~
_ Buol Y '~~~~ ~ ~ .~
Connors . ~ ;~.
~` ~` ~;~°Jones
~,` ~ ` ~ Lynch
t ` ~ '` Resnick
REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes Nays
Voetberg
~' ~Braig
fif ~ Buol
~¢' ~ ~AConnors
~` . `` ° Jones
¢" Lynch
+ft, Resnick
14
ACTT®IV ITEMS
These are items where discussion is held by the City Council -public comments are not
allowed except as authorized by the Mayor.
1. Alley at St. Anthony's School
City Manager recommending that the City plow and de-ice the alley that connects St.
Ambrose Street and Grandview Avenue through the St. Anthony's property as a safety
precaution.
Suggested Disposition: Receive and File; Approve
Aye _ ~~ Nays
Voetberg
Craig
f~~``. -13uo1
~~ ~~:~~Connors
f`= ~ ~~` Jones
Lynch
Resnick
15
2. Renaming of ®avid Court
Zoning Advisory Commission recommending approval of the renaming of David Court to
Peach Tree Lane as requested by the City of Dubuque.
OR®INANCE ~~, Renaming the street currently named David Court to Peach
Tree Lane
suggested ®isposition: Receive and File; Motion B; Motion A
Ayes Nays
~%' Voetberg
,~`~ , Braig
f- Buol
{ ~ " Connors
Jones
,~` ~ ~°~ Lynch
'F"'`` Resnick
,~'
Ayes Nays
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~'~ Braig
Buol
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Connors
e Jones
~ ,, Lynch
~'~ Resnick
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3. Community Foundation (Project H®PE) Contract
City Manager recommending approval of an amendment to the contract for services
with the Community Foundation of Greater Dubuque for services relating to Project
HOPE which extends the termination date until June 30, 2009, and modifies the scope
of work.
Suggested Disposition: Receive and File; Approve
Ayes Nays
~~ ~Voetberg
,~ °' raig
,~~ ~ ~~ Buol
e Connors ,.`~;
.Jones ,;~r
'.~ ` Lynch ~- ,
Resnick
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4. Fiscal Year 2010 Budget Policy Guidelines
City Manager recommending approval of the Budget Policy Guidelines for Fiscal Year <,,
2010. ~ ,tg~~~;
Suggested Disposition: Receive and File; Approve
Ayes Nays
~. ~,;- ~Voetberg
Braig
~~ , ~ Buol
~` Connors
~~`~,: Jones
r Lynch
~.-' Resnick
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C®UNCIL NIEIVIER REP®RTS
PUELIC 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.
CLOSED SESSION
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2007 Code of Iowa
Motion to go into closed session at `' f~"~
Ayes~~ Nays
~~~~ k Voetberg
,:
Craig
Buol
Connors
:~' Jones
c, ~ %`~ Lynch
f;
Resnick
Motion to adjourn at ~` ` ~'~~ `' ~
eyes Nays
Voetberg
Craig
~uol
Connors
Jones
Lynch
Resnick
18