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Proof of Council Proceedings 12 17 08bonded by arried 6-1 g Nay. town Urban Proof of notice of o consider t to the wn Urban to expand nciude the trict and arty along t and City from the Wing Ad- ii recom- :I of the Restated Plan for itown Ur- chalski to the docu- ~t Resolu- aI Pian for ntown Ur- District. Connors. Street Di- ~nco, 3505 I that this ~olinr Du- eet. Tony an Ridae, ouncil on 7-0 ~ ~ ~ ° , s~ o ~• r, vi ~ y ~N ~ bA ~ Q. v't , 3 sM~- ~ o - ~ '~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ °'6' i ~ U ~ .~ .~ z ~ ~Q~~ o ~~ o.~.~ Q ~ ' O '~ '' ~ Q. `~ + ~ ° U cti ~ ~ ~" t~ c , ~ ~ ~ ~ ~ QI ~ CS" .~ ~ i~ -r O U~" ~ ~O Q ~o z ~~ ~ ~~,~ ~ , O ~., ~ N r-+ ~ d ~ ~ ~ U ~ c~ U . ~ ~ ~~ O V ~ .N~..~~~; `~ ~~ ~ ° w w w ,~`" o. ~~~ O ~ ~ ~~~~~ U "C7 ~ ~ E~ x°o~~3 ~ ~ ~, ~~~~~° ~ O ~ c~ c~ ~-. 07 Approving plans, speci- fications, form of contract, and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project. Seconded by Michalski. Motion car- ried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dog Park: Communica- tion from Aoger Ruden, 1020 Aspen Court, re- questing to address the City Council regarding the dog park located on North Grandview Avenue. City Manager providing an update on attempts to Locate another dog park in the City of Dubuque. Mo- tion by Cline to receive and file the documents. Seconded by Connors. Roger Ruden, 1020 Aspen Court, cited the actions of City Council to protect neighbors in two separate rezoning cases -the re- quest of Hartig Pharmacy to put a pharmacy in the vacated Grandview Meth- odist Church and the re- quest of Easy Street Bar to allow an expansion of their outdoor service on Rhom- berg Avenue. He believed the City should have don more research on th F lu~r. Ruderl but could rat eye arty in the prk. She if Mr. qudert viiss hearing the right dogs. Leisure Serv- i~es Manager Gil Spence said that three alternate sites have been identified. One has been dropped as an o lon and he is waiting fdr EPA approval on the 12th Street site. Van Milligan informed the Council that the City's Capital Improvement Proj- ect budget is being cut and it is up to the Council to prioritize this issue. Buol stated that the dog owners bear some responsibility. Jones stated that a solu- tion needs to be found. Motion carried 7-0. Tobacco Compliance - Civil Penalty for Tobacco Permit Holders: City Man- ager recommending ac- ~ptance and approval of AcknowledgemenUSettlem ant Agreements for a first violation for Casey's Gen- eral Store, 4003 Peru Road; Kwik Stop, 2390 Central Avenue; and Key West Conoco, 2150 Twin Valley Drive; and to ac- knowledge the exercise of t)te affirmative defense for yartig Drug Company con- ceminy their third violation occurring September 20, 2007 and it is further rec- dmmended that a hearing tie set for AWN Stop Mart, 1401 Central Avenue, re- garding their tobacco vio- lation. Motion by Michalski to receive and file the documents, approve the v Motion by Connors to re- celve and flle the docu- ment and approve the City Manas;ler's recom- mendation. onded by Michalski. Dan Mueller, 10753 Woodland Heights Road, reviewed the history of the 18-year development stat- ing that when he began the project he complied with everything the City di- rected him to do. Mueller requested that Council make no decision at this meeting to allow him time to go back and work with the Engineering Depart- ment because he wants to be able to finish the subdi- vision. Van Milligan said that this is the second time this issue has come before Council. He gave the ex- ample of streets located within the Asbury Plaza and Sams' Club develop- ments, which are private streets. He stated R is a matter of liability. Motion failed 1-6. Ayes: Buol. Nays: Cline, Connors, Jones, Lynch, Michalski, and Braig. Motion by Michalski to receive and file the docu- ments and refer to the City Manager. Seconded by Brarg Motion carried 7-0. Washington Neighbor- hood Comprehensive Plan: City Manager recommend- ing approval of funds to begin a comprehensive planning process for the Washington Neighbor- hood. Motion by Michalski to receive and file the at O ~, 0 U N ~~ ~o ~ N s~ cd ~i U .~ a ai o _ q ~~ 0 ~~ ~b o~ ~o U ~ rn Seconded by Connors. Motkxt carried 7-0. MetropoBtan Co~itfon Pcgreehtertt: City Manager recommending that the City participate in the Iowa Metropolitan Coalition and approval of the Fiscal Year 2008 contribution of $8,233.93. Motion by Cline to receive and file the documents and adopt Resolution No. 599-07 Ap- proving the Metropolitan Coalition Agreement. Seconded by Jones. Michalski stated this was a wondertul idea but stressed the need for con- tinued support of the Iowa League of Cities. Motion tamed 7-0. City Initiatives in Re- sponse to Downtown Neighborhood Issues: City Manager recommending approval of a proposed re- sponse to issues in the downtown neighborhoods, concentrating on the Washington Street Neigh- borhood, including the ad- dition of four sworn Police positions (three Police Offi- cers and one Police Cor- poral acting as a Section 8 Investigator) in the current fiscal year and one addi- tional Rental Housing In- spector position. Motion by Michalskr to receive and file and approve. Seconded by Cline. The following staff members spoke: City Manager Michael Van Milligan, Housing and Community Development Director Da- vid Harris, Police Chief O 0 U t3" .~ Q U a O should be. Jones said he was d for having a po- lice as a housing in- spector. Michalski stated that the initiatives must in- volve all citizens. Motion carried 7-0. Delta Queen: Exemption from Safety of Life at Sea Regulations: City Manager recommending approval of a resolution in support of continuing to exempt the historic Delta Queen steamboat from the Feder- al Safety of Life at Sea reg- ulations as requested by David Tschiggfrie. Motion by Jones to receive and file the documents and adopt Resolution No. 600- 07 Resolution of the City Council of Dubuque, Iowa, urging Congress to pro- vide for the permanent ex- emption of the steamer Delta Queen from the pro- visions of the Safety of Life at Sea Act of 1966. Seconded by Connors. Motion carried 7-0. Every Child/Every Prom- ise Initiative: Communica- tion from Lori Thielen and Eric Dregne, Co-Chairs Mississippi Valley Promise requesting support for the Every Ch~rv Promise recomme;, dinyr pproval of funding ti. supj rt the Ev- ery Chilci Evert, Promise Initiative / issi sippi Val- ley Promi~ org nizational efforts. Md on bi, Lynch to receive ant file he docu- ments a d approve. Seconded t, Jones. Mo- tion carried ~, 0. ~ ~ W ~ c r W ~m~ W ~ LL H E u m ~ w zc. c LL 0 ~~,~~ Q o ~~~~ a ~~'V .~z~-.,; 1VW BERIElt Law d that developm gf.sai ea is necessan dents the City of Dul qua, wa. Seconded Connors. Braig asked the entire Census Tr had to be blighted. Ho ing and Community Deg cement Director Ds Harris stated that it d not, but it gives the a access to Enterprise Z~ benefits and allows use Tax Increment Financ Motion carried 7-0. Electrical Ordinance: i Myna er recomment app' f one edits chr ge in tom ity's e trici;. dinance t~ rarity ex,~ the expiry date of ales,,. titan to June 30, 200x. Mo by Michalski to rec. and file the docume and that the requiren that a proposed ordina be considered and v< on for passage at Council meetings prio the meeting at which to be passed be suspe ed. Seconded by Joi Motion carried 7-0. Motion by Michalski final consideration passage of Ordinance 64-07 Amending City Dubuque Code of C nances Chapter 18 E tricity, Section 81-2 tional Electrical Cc Amendments, by amt ing Section 8 Seconded by Jones. lion carried 7-0. 2008 Federal Legislr Priorities: City Man, d associated with me ow "Branch Creek Restoration 1 Project. Upon motion the 18 documents were received d Reso)ution ~ and filed an No. 587-07 Approving the y acquisition of real estate i' j located at 2249 Elm Street ~ gppL in the City of Dubuque was f , /0 is, adopted. Iw Purchase of Property - 2300 / 2302 Washington w ~ Street: City Manages IreCf ommending approy ~ • _~' the purchase of a residen- '- fiat dwelling located at 1~ 2300 - 2302 Washington ~ ~ Street as part of the ap- i- i ,quisition program assoc ated with the Bee Branch bES a9A, Creek Restoration Project. yl g S ~~ ~ Upon motion the docu- ments were received and ~• filed and Resolution 'No. ~,,,-„ * 588-07 Approving the ac- ~,,,~ ~ ~~ ~ per,, quisition of real estate lo- ted at 2300 - 2302 . ti'"' 141N~( Ga ,tfTY~ ' Washington Street do the City of Dubuquer wes q - adopted. Stipulation of Settlement Attorney submitting a - ~~~'f~~ ber Cit rr ~ y t fn the Inc StipulatOn of Settlement in , 17 ~ ~ the tax assessmerd appeal F~eeent ~ilikiol, of A. John and Cathy A. Council Members Brelg, Pesetski for property lo- Cline, , Gated at 2991 Deerwood# Upon motion t-ts Circle ~ a , . ~~ , Y documents vren- -eodved YIi ~~~ and filed. was provided Highway 20 Phase II ndscaping Protect: City L '+ ' by ~~~ es a f7"Conna'• Mitry ~ Manager recommending - of the High- j ~ 1~{ ul efN1 ey NWU„ iou pep -'~ ~ Jp ~.. ~ f ~tl~fieu F~ ~•3eM1b ',, x4 ,~ ~ ,. ~ ~.«. a s. ... uM1l eU3 Pte' eAl9o, - •~uep ~o -&~ _03 au110~q uogoyy Pw . ?ctAAM!'vc- ucf fib' ~WS~a1N. ~rtfOgoyy Ntpp 6 lou s 'eS '900Z m e~ ~~ Pele~e~a~ aH aeop :. p p~ e~Fd ] }ueuido ;rwge e~p 643 olUew , end xtin eipprecia- ng Juin acceptance way 20 Phase II l.andscep- ing Project as completed ! v , ; ~retricia 4 of by Smith Seeding, Inc. M the final contract amount *~ ~ ~flyervice. of $231,417. Upon motion e- ~ re- " the documents were r calved and filed aftd Fteeo- 588-GB ., u- oae of as s_ by t th H lution No. ing improvement an oluUon No. 580-07° Ap- roving finai'est("mate were a 't 7 j~ssign p adopted. ~ ~ asp- ~' Iski PEG Capital Grant Ex- penditures: City ManaglrK, roval ot'? di An- Fi- e ng app recommen uest for funding frortf^' re msnt be held for M q a the Capital Grant for Ac- uipment and Faa s E ; o- ~afon. ~,r q Gas ties. Upon trwUon . sorts : om- porf documents were recsnro~+. ~ii~ filed, and approved. ail . ~~ Cable Delinquent Refuse, Sewer - ~ram- 9/4 ~b and Stormwater Marwge- meat Acgountf~: ~iiy Man- , tr i; Cable N agar recommending, aP- f n of 2/3; proval of the submission o the delinquent refuse, i 1ltdevd of o preserve- sewer and . st~o ~ er; management ' /29; mis- ~ C accounts to the Dubuqu@' County Treasurer in order ' ; torn om .5~ Advi- to establish i'!al Pr f lon?il!'12/5 ~ 1`nistees liens for collectioff o ast due accounts. Upa- , i Ming of p motion the docurnente eived and flied 2007 were rec I d ngs the SCheduk of Adopt ng 1!#,ind 26, ~•~ Claims Assessmerda .for dean- J quent refuse, sewer and-,=.,~ of Flevenues _ • -- stormwater on - --.._.,..,..a..naeNuina the' qua Priori- ts for. Fed- lane. Mo- +~~,.,~ ~q-- - , ~,1Nift~e~S~hneid~ery, ~C, City CIT ~ it 12/28 q