1 22 08 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, JANUARY 22, 2008
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
• BUILDING
PRESENT: MAYOR PRO-TEM JOKES, COUNCIL MEMBERS,RRAIG, COf~INORS, LYNCH,
RESIVICK, VOE~$ERG n ~
CITY MANAGER VAN AAILLIGEN; CITY ATTORNEY~LINDAHL I ~ ~
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ABSENT: ., ~ ip) ~I~
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PLEDGE OF ALLEGIANCE
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INVOCATION: Reverend Alan Crandall ~ ~1 ~~ 'I
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CONSENT ITEMS
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Minutes and Reports Submitted
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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
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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
from Gary A. Anderson for property located at 655 Gillespie Street for the 32"d 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
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Buol
2
• 5. University Avenue Embankment Stabilization Project
Suggested Disposition: Receive and File; Adopt Resolution
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 l ~' ~ D Accepting the University Avenue Embankment
Stabilization Project (Iowa DOT No. ER 2100 (636)-8R-31) and authorizing payment of
the contract amount
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.
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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
Ayes Nays
Connors
Jones
Lynch
Resnick
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Braig
Buol
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• 11.
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 Engineering and
Surveyors, P.C. for the design and engineering of Dubuque Industrial Center West -
North Siegert Addition
Suggested Disposition: Receive and File; Adopt Resolution
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
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
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• 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
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Buol
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5
. 16. West Third Street and Hill Street -Traffic Control
City Manager advising that stop signs will be installed on Hill Street at West 3`d 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 OHO, the developer of Holliday
3`d 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.
i 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 4~~ 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
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Buol
•
6
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 ~~lo 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
214/08
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
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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
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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.
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• 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 I /~~~~ `~; f
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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 h~ 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 ~
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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.
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RESOLUTION ~ 02~ 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 .3~ Approving the update of the City of Dubuque 2002 of
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Suggested Disposition:lReceive and File; Adopt Resolution )~~t ;~' ~~
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• REINSTATE THE RULES ' ~~'~ ~~~
This action limits discussion to the City Council. ~";,~' '~!
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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. Request to Address the City Council -Frank Belcastro
Communication from Frank Belcastro, 285 North Grandview Avenue, requesting to 1
address the City Council regarding emergency room signs. J
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Suggested Disposition: Receive and File; Council / ~ ~, ~~~
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. 2. Request to Address the City Council -John G. Kroeger
Communication from John G. Kroeger, 2930 Kane Street, to address
regarding the proposed smoking ban.
Suggested Disposition: Receive and File; Council
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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
Ayes Nays
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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
attached order assessing the 15S violation civil penalty of $300 to AWN Stop Mart #2 be
issued.
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Suggested Disposition: Receive and File; Conduct Hearing; Council ~ ~f
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. 6. West 11~h 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
11~h Street Historic Lighting Project to the West 11~h Street Stairs Project, subject to
Historic Preservation Commission advisory design review. ~'
Suggested Disposition: Receive and File; Approve I ~ , d' ))y~~
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7. Purchase of Properties -Washington Neighborhood
• City Manager recommending approval of the purchase of two vacant residential
properties located at 351 East 15~" Street and 1523 Elm Street as part of the
Washington Neighborhood revitalization activities.
RESOLUTION Approving the acquisition of real estate located at
351 East 15~h Street and at 1523 Elm Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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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 h
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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
Ay Nays
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. 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
Aye Nays
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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
Aye Nays
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12. International Energy Conservation Code
City Manager recommending adoption of the 2006 International Energy Conservation
Code, with four am~en/dments.
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
Aye Nays
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• 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 ..J 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
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23
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• 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
Ayes Nays
v Connors
Jones
~~Lynch
,. Resnick
Voetberg
~raig
~~
COUNCIL MEMBER REPORTS
r1
LJ
•
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.
24
CLOSED SESSION
• Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2007 Code of Iowa
Motion to go into closed session at lfr ' ~ CJ
Ayes Nays
Connors
Jones
/Lynch
C/ Resnick
/ Voetberg
~% i ~ Braig
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Motion to adjourn at ~ . `=~ ~
• Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Buol
•
25