1 22 08 City Council Agenda_No Icons
ROLL CALL ORDER
FOR MEETING OF
1/22/08
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
TUESDAY, JANUARY 22, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Alan Crandall
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
Cable Community Teleprogramming Commission of 12/4; Cable TV Regulatory
Commission of 11/14; City Council of 1/7; Electrical Code Board of 12/26; Enterprise
Zone Commission of 1/4; Environmental Stewardship Advisory Commission of 1/8;
Historic Preservation Commission of 12/20 and 1/8; Housing Code Appeals Board of
7/17; Library Board of 10/25; Plumbing Board of 12/12; Zoning Advisory Commission of
1/2; Zoning Board of Adjustment of 12/20
Proofs of publication of City Council Proceedings of December 10 and 17, 2007 and List
of Claims and Summary of Revenues for month ending November 30, 2007
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
John Hefel for vehicle damage; Walter Burke for vehicle damage; Marlene Booth for
vehicle damage; Dennis Avenarius for vehicle damage; Heath Koster for vehicle
damage; Mashiro Iwaskai for vehicle damage; Chris Blakeman for vehicle damage;
Michael Keuter for property damage; Dubuque Bank and Trust vs City of Dubuque, et
al; Misty L. Streif 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: Marlene Booth
for vehicle damage; Joyce Whelan for vehicle damage; Walter Burke for vehicle
damage; John Hefel for vehicle damage;
City Attorney recommending denial of the claim of Lois Pearce for vehicle damage.
Suggested Disposition: Receive and File; Concur
3. Purchase of Property – 655 Gillespie Street
City Manager recommending approval of the Offer to Buy Real Estate and Acceptance
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from Gary A. Anderson for property located at 655 Gillespie Street for the 32 Street
Detention Basin Project.
Suggested Disposition: Receive and File; Approve
4. Dubuque Metropolitan Area Solid Waste Agency
Communication from Chuck Goddard, Agency Administrator for the Dubuque
Metropolitan Area Solid Waste Agency, submitting the Agency’s Fiscal Year 2009
budget and fee schedule.
Suggested Disposition: Receive and File
5. University Avenue Embankment Stabilization Project
City Manager recommending acceptance of the University Avenue Embankment
Stabilization Project as completed by Connolly Construction in the final contract amount
of $356,739.39.
RESOLUTION
Accepting the University Avenue Embankment Stabilization Project
(Iowa DOT No. ER 2100 (636)—8R-31) and authorizing payment of the contract amount
Suggested Disposition: Receive and File; Adopt Resolution
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6. Decorative Concrete Repair and Maintenance Project
City Manager recommending acceptance of the Decorative Concrete Repair and
Maintenance Project as completed by Tschiggfrie Excavating in the final contract
amount of $159,175.12.
RESOLUTION
Accepting the Decorative Concrete and Repair Maintenance Project and
authorizing payment of the contract amount
Suggested Disposition: Receive and File; Adopt Resolution
7. Citizen Communication
Communication from John and Barbara Tranel regarding the billboard at First Street.
Suggested Disposition: Receive and File; Refer to City Manager
8. Fiscal Year 2008 Annual Action Plan – Amendments #2 and #3
City Manager recommending approval of Amendments #2 and #3 for the Fiscal Year
2008 Annual Action Plan for the City’s Community Development Block Grant (CDBG)
program.
RESOLUTION
Approving the Fiscal Year 2008 (Program Year 2007) Annual Action
Plan – Amendments #2 and #3 for Community Development Block Grant funds
Suggested Disposition: Receive and File; Adopt Resolution
9. Engineering Design of North Siegert Farm
City Manager recommending approval of a contract with IIW Engineers and Surveyors,
PC in the amount of $203,010 for engineering design of the North Siegert Farm.
RESOLUTION
Authorizing contract with IIW Engineerings and Surveyors, P.C. for the
design and engineering of Dubuque Industrial Center West – North Siegert Addition
Suggested Disposition: Receive and File; Adopt Resolution
10. Washington Court
City Manager recommending approval of an amendment to Declaration of Submission
to Horizontal Property Regime Washington Court Building and an Amendment to
Mortgage related to the Washington Court project.
RESOLUTION
Approving an amendment to Declaration of Submission to Horizontal
Property Regime Washington Court Building, Dubuque, Iowa, and an amendment to
certain mortgages between the City of Dubuque, Iowa and Washington Court, LP
Suggested Disposition: Receive and File; Adopt Resolution
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11. 409 Burch Street
City Manager recommending that the fair market value for property located at 409 Burch
Street be established at $34,000.
RESOLUTION
Establishing the Fair Market Value of real property at 409 Burch Street,
Dubuque, Iowa, owned By John White
Suggested Disposition: Receive and File; Adopt Resolution
12. Lead-Based Paint Hazard Control Grant Program
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for the Lead-Based Paint Hazard Control Grant Program.
RESOLUTION
Authorizing publication of a Notice of Intent to Request Release of
Funds for Lead-Based Paint Hazard Control Grant Program
Suggested Disposition: Receive and File; Adopt Resolution
13. Comprehensive Annual Financial Report (CAFR)
City Manager transmitting the Fiscal Year 2007 Comprehensive Annual Financial
Report (CAFR), Parking Facilities Financial Statements, Dubuque Metropolitan Solid
Waste Agency Report, Management Letter and City Responses to the Management
Letter.
Suggested Disposition: Receive and File
14. Metropolitan Coalition
City Manager recommending approval of the designation of Mayor Roy D. Buol as the
City’s Delegate to the Metropolitan Coalition and Assistant City Manager Teri
Goodmann as the Alternate.
Suggested Disposition: Receive and File; Approve
15. Bee Branch Floodwall Pumping Station Auxiliary Power Project
City Manager recommending award of the contract for the Bee Branch Floodwall
Pumping Station Auxiliary Power Project to A & G Electric in the amount of
$370,038.00.
RESOLUTION
Awarding public improvement contract for the Bee Branch Floodwall
Pumping Station Auxiliary Power Project to A & G Electric
Suggested Disposition: Receive and File; Adopt Resolution
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16. West Third Street and Hill Street – Traffic Control
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City Manager advising that stop signs will be installed on Hill Street at West 3 Street,
making this a 4-way stop controlled intersection.
Suggested Disposition: Receive and File
17. Arthur Frommelt Estate
City Manager recommending approval of the Offer to Buy Real Estate regarding the
Frommelt Estate.
Suggested Disposition: Receive and File; Approve
18. Holliday Third Addition – Stormwater Facilities Agreement
City Manager recommending approval of a request from QHQ, the developer of Holliday
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3 Addition, for consent to the assignment of interest in the Stormwater Facilities
Agreement.
Suggested Disposition: Receive and File; Approve
19. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Big 10 Mart, Oky
Doky #8, Oky Doky #21 and Hartig Drug #4
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Town Clock
Inn, DeMac’s Copper Kettle and Taiko Japanese Restaurant; and Class “B” Wine
Permit to Hartig Drug #4
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. Library Renovation Project
Library Board of Trustees recommending initiation of the public bidding procedure for
the Carnegie-Stout Public Library Renovation Project and that a public hearing be set
for February 4, 2008.
City Manager recommending that the request from the Library Board of Trustees to
initiate the public bidding procedure for the Library Renovation Project not be approved.
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost;
setting date of public hearing on plans, specifications, form of contract, and estimated
cost; and ordering the advertisement for bids
Suggested Disposition: Receive and File; Council
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2. Arboretum Drive – Request to Vacate
City Manager recommending that a public hearing be set for February 4, 2008 to
consider a request from Mike Felderman to vacate and purchase a portion of Arboretum
Drive.
Communication from Mike Felderman requesting to purchase a portion of City-owned
property along Arboretum Drive.
RESOLUTION
of Intent to vacate and dispose of City interest in Lots B, C and D of
Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/4/08
3. Iowa Wireless Services, LLC
City Manager recommending that a public hearing be set for February 4, 2008 to
consider a proposed lease of space to Iowa Wireless Services, LLC for a
telecommunication antenna facility on the Pennsylvania Avenue Water Tank.
RESOLUTION
of Intent to dispose of an interest in real property owned by the City of
Dubuque by lease agreement between the City of Dubuque, Iowa and Iowa Wireless
Services, LLC for the installation and operation of a wireless telecommunication
antenna facility
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/4/08
4. Fiscal Year 2009 Annual Action Plan
City Manager recommending that a public hearing be set for March 4, 2008 to consider
approval of the Fiscal Year 2009 Annual Action Plan as part of the Fiscal Year 2009
budget.
RESOLUTION
Setting a public hearing on the Fiscal Year 2009 (Program Year 2008)
Community Development Block Grant (CDBG) Annual Action Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/4/08
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Mediacom Charitable Foundation (Two 1-year terms through December 31, 2008 –
Terms of Hall and Chavenelle)
Applicant:
Gail Chavenelle, Constance Twining (additional applicant)
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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. Request to Rezone – Northwest Arterial and Arboretum Drive
Proof of publication on notice of public hearing to consider a request from Mike
Felderman to rezone property located at the northeast corner of the Northwest Arterial
and Arboretum Drive from AG Agricultural District to R-1 Single-Family Residential
District 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 on the east
side of Arboretum Drive from AG Agricultural District to R-1 Single-Family Residential
District
Suggested Disposition: Receive and File; Motion B; Motion A
2. Sale of Property – 46 Diagonal Street (Tabled on December 17, 2007)
Proof of publication on notice of public hearing to consider a request from Gregory
Laufenberg and Linda K. Laufenberg to purchase 11 feet of right-of-way of Traut
Terrace abutting the property at 46 Diagonal Street and City Manager recommending
establishment of the sale price for the property.
City Manager submitting information relating to the City’s policy that it is the
responsibility of each property owner to determine the location of his or her lot line.
RESOLUTION
Approving plat of proposed vacated portion of Traut Terrace south of
Diagonal Street
RESOLUTION
Vacating a portion of Traut Terrace south of Diagonal Street
RESOLUTION
Disposing of City interest in Lot 8A of Dunn’s Subdivision in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Remove from Table; Receive and File; Council
3. Dubuque Regional Airport Terminal Relocation – Eminent Domain Proceedings
Proof of publication on notice of public hearing to consider eminent domain proceedings
to acquire property for the Dubuque Regional Airport Terminal Relocation Project and
City Manager recommending approval.
RESOLUTION
Making the final selection of a site for the Dubuque Regional Airport
Terminal Relocation Project and authorizing the acquisition or condemnation, if
necessary, of property for the Dubuque Regional Airport Terminal Relocation Project
Suggested Disposition: Receive and File; Adopt Resolution
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4. Comprehensive Plan Update
Proof of publication on notice of public hearing to consider the update of the 2002
Comprehensive Plan and City Manager recommending approval.
RESOLUTION
Approving the update of the City of Dubuque 2002 Comprehensive Plan
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. Request to Address the City Council – Frank Belcastro
Communication from Frank Belcastro, 285 North Grandview Avenue, requesting to
address the City Council regarding emergency room signs.
Suggested Disposition: Receive and File; Council
2. Request to Address the City Council – John G. Kroeger
Communication from John G. Kroeger, 2930 Kane Street, to address the City Council
regarding the proposed smoking ban.
Suggested Disposition: Receive and File; Council
3. Greater Dubuque Development Corporation
Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation,
to provide verbal report on the activities of GDDC.
Suggested Disposition: Receive and File
4. Home Rule – State Legislative Correspondence
City Manager recommending approval to send correspondence to our State Legislators
asking that they support a law that allows cities to have local determination over the
implementation of smokefree environments.
City Manager submitting information provided by City Council Member Joyce Connors
related to smokefree indoor air.
Suggested Disposition: Receive and File; Approve
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5. Tobacco Compliance Hearing
City Manager recommending that a tobacco compliance hearing be held regarding the
tobacco compliance violation by AWN Stop Mart #2 and if the violation is sustained the
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attached order assessing the 1 violation civil penalty of $300 to AWN Stop Mart #2 be
issued.
Suggested Disposition: Receive and File; Conduct Hearing; Council
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6. West 11 Street Stairs Project
Historic Preservation Commission recommending approval of the reallocation of
$90,000 in Historic District Public Improvement Program (HDPIP) funding from the West
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11 Street Historic Lighting Project to the West 11 Street Stairs Project, subject to
Historic Preservation Commission advisory design review.
Suggested Disposition: Receive and File; Approve
7. Purchase of Properties – Washington Neighborhood
City Manager recommending approval of the purchase of two vacant residential
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properties located at 351 East 15 Street and 1523 Elm Street as part of the
Washington Neighborhood revitalization activities.
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RESOLUTION
Approving the acquisition of real estate located at 351 East 15 Street
and at 1523 Elm Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
8. Memorandum of Understanding – Julien Inn Renovation
City Manager recommending approval of a Memorandum of Understanding with the
Fischer Companies for the renovation of the Julien Inn.
Suggested Disposition: Receive and File; Approve
9. Haz Mat Memorandum of Agreement
City Manager recommending approval of a Memorandum of Agreement (MOA) for the
City of Dubuque to be one of seven FEMA Type I Hazmat teams in Iowa to provide
coverage for weapons of mass destruction terrorism attacks in Iowa.
Suggested Disposition: Receive and File; Approve
10. Riverwalk Eighth Addition – Final Plat
Zoning Advisory Commission recommending approval of the final plat of Riverwalk
Eighth Addition as requested by the City of Dubuque.
RESOLUTION
Approving final plat of Riverwalk Eighth Addition
Suggested Disposition: Receive and File; Adopt Resolution
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11. City of Dubuque Pavilion Reservations
City Manager recommending approval of an amendment to the Code of Ordinances to
allow pavilion reservations to be made up to 23 months in advance.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Section 34-68
Meetings and Gatherings, allowing park group gathering reservations to be made 23
months in advance
Suggested Disposition: Receive and File; Motion B; Motion A
12. International Energy Conservation Code
City Manager recommending adoption of the 2006 International Energy Conservation
Code, with four amendments.
ORDINANCE
Amending City of Dubuque Code of Ordinances Sections 11-7 and 11-8
providing for the adoption of the International Energy Conservation Code (2006) and
making amendments thereto
Suggested Disposition: Receive and File; Motion B; Motion A
13. Heating, Air Conditioning and Ventilating (Mechanical) Ordinance
City Manager recommending adoption of the 2006 International Fuel Gas Code
published by the International Code Council.
ORDINANCE
Providing that the City of Dubuque Code of Ordinances be amended by
creating Section 24-3 thereto pertaining to the adoption of a Fuel Gas Code for the City
of Dubuque, Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
14. Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals for
consulting services related to advancing Dubuque as a sustainable community and
achieving “designated green city” status.
Suggested Disposition: Receive and File; Approve
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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CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Jeanne F. Schneider
January 17, 2008
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