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2 4 08 City Clerk's Skeleton NotesCITY COUNCIL SPECIAL SESSION, FEBRUARY 4, 2008 COUNCIL MET IN REGULAR SESSION AT 5:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT: MAYO BUOL, COUNCIL MEMBERS,~RAIG, CO~NORS, J~VES, LYI~H, RESNIC~ VOET~ERG CITY MANAGER VAN,,IIAILLIGEN; CITY ATTORNEY/LINDAHL ABSENT: Motion to adjourn ~~i~ ~~ Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors ~1y Nays ~ ~ /r ~ones Lynch Resnick Voetberg ~' Braig / " Buol /% ~ konnors C~ ~~~ • CITY COUNCIL REGULAR SESSION, FEBRUARY 4, 2008 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT: MAYO~BUOL, COUNCIL MEMBERSy~RAIG, Ct7~VNORS, Jt~NES, LY,I~ICH, RESNI~f.`K, VOET,gERG// CITY MANAGER VAN~IIAILLIGEN; CITY ATTORNEI~LINDAHL ABSENT: PLEDGE OF ALLEGIANCE INVOCATION: Reverend Dr. Winston Persaud, Wartburg Seminary PROCLAMATION: A Day of Promise ~~~ ,,~~~ ~~ --,,. ~~ ,. ~;~ -~ ~ ~~i ~~ '~ ~ ~, `rn~ l / /~ y~,n ~ ~ ~~ j, ~~ ~ ~7i1`' ~ ~ ~ : ,~~' ~r i ~~~~ 1 ~1,; ~f~l~~ ` 4 ~ `! ~" ~~ ;~ ~ ` ~ , ~ f. i • 2 CONSENT ITEMS yes Nays Jones ~ ~~ynch ll,,`` Resnick Voetberg Braig uol / ~ onnors 1. Minutes and Reports Submitted City Council of 1/22; Civil Service Commission of 12/13 and 12/19; Community Development Advisory Commission of 1/9; Historic Preservation Commission of 1/17; Housing Commission of 11/27; Human Rights Commission of 12/10; Investment Oversight Advisory Commission of 1/23; Library Board of 11/15, 12/10 and 12/13; Park and Recreation Commission of 1/8 Investment Oversight Advisory Commission 59t" Quarterly Report; Library Board of Trustees Update from the meeting of January 17, 2008; Proofs of publication of City Council Proceedings of January 7, 2008 and List of Claims and Summary of Revenues for month ending December 31, 2007 Suggested Disposition: Receive and File • 3 2. Notice of Claims/Suits i Michelle Harry for personal injury; Terry T. Frost for vehicle damage; Pat and Gladys O'Brien for property 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: Kurt Becker for property damage; Terry Frost for vehicle damage; Misty Streif for vehicle damage; Michael L. O'Brien for property damage; and Michelle Harry for personal injury City Attorney recommending denial of the claim of Dennis Avenarius for vehicle damage. City Attorney recommending settlement of the claims of Chris Blakeman for vehicle damage, Heath Koester for vehicle damage, and Masahiro Iwasaki for vehicle damage. Suggested Disposition: Receive and File; Concur 3. Citizen Communication Communication from Elaine Schueller requesting that the stop sign at Kaufmann Avenue and Chrissy Drive not be removed. i Suggested Disposition: Receive and File; Refer to City Manager 4. Althauser Street /Stafford Street Sanitary Sewer Project City Manager recommending acceptance of the Althauser Street /Stafford Street Sanitary Sewer Project as completed by Connolly Construction, Inc., in the final contract amount of $49,978.10. RESOLUTION ~~ Accepting the Althauser Street /Stafford Street Sanitary Sewer Construction Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 4 5. Curtis Street /York Street Storm Sewer Construction Project City Manager recommending acceptance of the Curtis Street /York Street Storm Sewer Construction Project as completed by McDermott Excavating, in the final contract amount of $36,074.41. RESOLUTION ~ ~ ~ Accepting the York Street / Curtis Street Storm Sewer Construction Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 6. Dubuque Police Protective Association City Manager recommending approval of the Collective Bargaining Agreement between the City and the Dubuque Police Protective Association. RESOLUTION c Approving the Agreement between the City of Dubuque, Iowa and the Dubuque Police Protective Association and authorizing the Mayor to sign the Agreement Suggested Disposition: Receive and File; Adopt Resolution 7. Low Impact Development Workshop City Manager submitting information about the Low Impact Development (LID) Workshop that the City of Dubuque is co-sponsoring to fulfill one of the City's National Pollution Discharge Elimination System (NPDES) Stormwater Permit requirements. Suggested Disposition: Receive and File Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors • 5 8. Purchase of Property from Elm Street Development, LLC City Manager recommending acceptance of Warranty Deeds from Elm Street Development, LLC for properties at 351 East 15th Street and 1523 Elm Street. RESOLUTION ~ Accepting the deed to certain real estate in Dubuque County, Iowa from Elm Street Development, LLC (351 East 15th Street) RESOLUTION ~ Accepting the deed to certain real estate in Dubuque County, Iowa from Elm Street Development, LLC (1523 Elm Street) Suggested Disposition: Receive and File; Adopt Resolutions 9. Purchase of Property - 655 Gillespie Street City Manager recommending acceptance of the Warranty Deed from Gary A. Anderson for property located at 655 Gillespie Street for the 32"d Street Detention Basin Project. RESOLUTION ~ ~ Accepting the deed to certain real estate in Dubuque County, Iowa from Gary A. Anderson Suggested Disposition: Receive and File; Adopt Resolution 10. Warehouse District Master Plan -Request for Qualifications (RFQ) City Manager recommending approval of the issuance of a Request for Qualifications (RFQ) for development of the Warehouse District Master Plan. Suggested Disposition: Receive and File; Approve Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors • 6 11. Request for Proposals -Washington Neighborhood Plan City Manager recommending approval of the issuance of a Request for Proposals for the Washington Neighborhood Plan. Suggested Disposition: Receive and File; Approve 12. Quarterly Investment Report City Manager submitting the December 31, 2007 Quarterly Investment Report. Suggested Disposition: Receive and File 13. Government Performance and Results Act (GPRA) City Manager submitting the 2007 Government Performance and Results Act Annual Products Report and Baseline Questionnaire. Suggested Disposition: Receive and File 14. 2114 - 2116 Kniest Street City Manager recommending approval of the purchase of a residential rental dwelling located at 2114-2116 Kniest Street owned by Robert F. and Brenda L. Atkinson as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION ~~ Approving the acquisition of real estate located at 2114 - 2116 Kniest Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 15. National Park Service -Preserve America Grant Agreement City Manager recommending approval of a National Park Service Preserve America Grant Agreement for the Mines of Spain Exhibit and Education Program where the City would serve as the sponsor for this $150,000 grant. RESOLUTION ~~ Approving a grant agreement with the National Park Service for the Mines of Spain Exhibit and Education Program Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Resnick . Voetberg Braig Buol Connors 7 S 16. State Historic Preservation Office City Manger transmitting the 2007 Certified Local Government (CLG) report that has been submitted to the State Historic Preservation Office. Suggested Disposition: Receive and File 17. Iowa Community Cultural Grant (ICCG) Application City Manager recommending approval of an application to the Iowa Department of Cultural Affairs for an Iowa Community Cultural Grant. Suggested Disposition: Receive and File; Approve 18. National Register Nomination -Interstate Power Company Buildings Historic Preservation Commission recommending nomination of the Interstate Power Company Buildings at 1000 Main Street and 131 West 10th Street to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve 19. Miller Place -Final Plat • City Manager recommending approval of the final plat of Lots 1-1 and 2-1 Miller Place. RESOLUTION ~`~ Rescinding Resolution No. 232-07 and approving the final plat of Lots 1-1 and 2-1 Miller Place in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors • 8 • 20. Dubuque f~egional Airport Terminal Rel cation Project n City Manag recommending that the fair m rket value for grope at 10719 Merlin Lane, which i needed for the Dubuque Regi nal Airport Terminal elocation Project, be established t $809,000. RESOLUTION Establishing t e Fair Market Value f real property at 10719 Merlin Lan Dubuque, Iowa, owned by Wald Bradley, Jeffre Bradley, and Brian Bradley Suggested Disposition: Receive and File; Adopt Resolution 21. Tobacco Compliance -Civil Penalty for Tobacco Permit Holders City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for a first violation for Arby's Phillips 66, 300 South Locust Street; and Hy- Vee, 3500 Dodge Street. Suggested Disposition: Receive and File; Approve 22. Legislative Correspondence City Manager correspondence to local legislators requesting support for allowing local governments the right to determine if smoking should be allowed in public places. i Suggested Disposition: Receive and File Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors • 9 23. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION ~~~ Granting the issuance of a Class "C" Beer Permit to Awn Stop Mart, Inc. and Clark of Dubuque RESOLUTION ~,~ Granting the issuance of a Class "B" Hotel/Motel Liquor License to Champps Americana; and Class "C" Beer/Liquor License to Hammerheads Bar and Goetz's Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors • 10 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Cable Television Franchise Agreement -February 18, 2008 2. Windsor Avenue Storm Sewer Construction Project -February 18, 2008 3. Dubuque Industrial Center Urban Renewal Plan -March 17, 2008 4. Fiscal Year 2009 Operating Budget and Capital Improvement Program -March 13, 2008 Ayes Nays Jones / ~~Lynch esnick ~ ~/oetberg Braig % . Buol Connors 1. Cable Television Franchise A reement 9 City Manager recommending that a public hearing be set for February 18, 2008 to consider approval of an amendment to the Cable Television Franchise Agreement to add Sageville School to the Institutional Network and approving a separate agreement between the City, Dubuque Community School District and Mediacom that details the terms of adding Sageville School to the I-Net. RESOLUTION ~ Setting a public hearing on a proposed amendment to the Cable Television Franchise Agreement between the City of Dubuque, Iowa, and MCC Iowa, LLC, adding Sageville School to Exhibit B, the list of sites connected via fiber optic cable to the institutional network as set forth in the Cable Television Franchise Agreement Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/18/08 • 11 2. Windsor Avenue Storm Sewer Construction Project City Manager recommending initiation of the public bidding process for the Windsor Avenue Storm Sewer Construction Project and that a public hearing be set for February 18, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. ~ RESOLUTION ~~~ Preliminary approval of plans, specifications, form of ~ ~ contract, and estimated cost for the Windsor Avenue Storm Sewer Construction Project RESOLUTION Setting date of public hearin on lans, s ecifications, 9 p p form of contract, and estimated cost for the Windsor Avenue Storm Sewer Construction Project RESOLUTION ~ Ordering bids for the Windsor Avenue Storm Sewer Construction Project Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/18/08 3. Dubuque Industrial Center Urban Renewal Plan City Manager recommending adoption of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to expand the district to include the North Siegert Farm and the rail site and that a public hearing be scheduled for March 3, 2008. RESOLUTION ~~ of Necessity finding that certain areas adjacent to the Dubuque Industrial Center Economic Development District meet the definition of an economic development area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing ~8f@6 ~/j' ~~C~ J 12 . 4. Fiscal Year 2009 Operating Budget and Capital Improvement Program City Manager recommending that a public hearing be set for March 13, 2008 to consider adoption of the Fiscal Year 2009 Operating Budget and Capital Improvement Program. RESOLUTION ~~~ Setting the date for the public hearing on the Fiscal Year 2009 Budget for the City of Dubuque RESOLUTION `~v j Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2009 through 2013 for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3113108 • :7 Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 13 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: Constance Twining ry e Nays Jones Lynch Resnick /f / Voetberg ~)Braig / , / Buol Connors • 14 • 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 // /~) lj~ ' ?` Ayes Nays ;/ Jones ~ Lynch f . Resnick /, Voetberg / ~~Braig Buol ~~Connors 1. Medical Associates Clinic /Robert Hartig -Planned Unit Development District (PUD) Amendment (Tabled from December 17, 2007 City Council Meeting) Proof of publication on notice of public hearing to consider a request from Medical Associates Clinic /Robert Hartig to amend the existing Associates Park Planned Unit Development (PUD) District to designate a portion of the existing greenway buffer for business use and Zoning Advisory Commission recommending denial. Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amendment to the Associates Park Planned Unit Development District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code o Ordinances by adopting a revised Planned Unit Development Ordinance for the Medical Associates West Campus Planned Unit Development District and by repealing Ordinances 24-94, 32-96 and 35-99 • Suggested Disposition: Receive and File; Remove from Table; Concur with Denial; or Motion B; Motion A (Super Majority Vote) Ayes Nays Jones Lynch / Resnick % (~'~'Voetberg -~ Braig ,/, Buol ~~~ Connors ~/ .~~ .~~~4 ~''~ 15 ~ ~i,~ ,, ~~ / ~~, ,~' e!1'=-~/~~'2' .-.yam' /'ty~Ci'~~~/~-~''~//it'.r'/~ii~i,%?~ s _ / ~ ~" _~ ~ ~~ ,. ,~ ~/ ~ ~~.~ ~ _~ ~~~ J ~ .,.- ~://~~~/~ (~ ~ r ,~'~~~'/'% :y'~i/ %~~~~/,s! ,,yam%y'/','.-~~".~ -- /~'~y~~ ~~~-~ ~ ~ ~~~~ ,~ ~~ ~ .~~^ ~~~ _ r y day ~,-,~'~~~~- . -- >,--° .G ~ ~~ l i' G ,,G~'~` ./~~`'~,.~'` /-''~j~/~/~;~ ''~ --- ;;may' ;/~]~' .-~'r'~~' Y-'., ~/.~' _-' /jam-t~~>'~~~-a '~" ~~ /~---- ~~r ~' ~ ~~yr ~ ~ , ,,. '~ ,~'' / /~,.~~ ; ~ ~ ~~~ ~~~ .~~~~~~ ~~~,1~'~~'~ _./ -, -~, ~~-~.~ ~~ /.~~ ~~~ ~`~~i,~ ~' l~ ~~~~ ,~ ~~G ~~,. f-, ~~ _.~.- ~~~- ~ ~r~~~~ ,~~~ ~- -~;y~,-yam ~~~,,~~~ ~~-~-f~.%,i ~. l~ _ ,G %~ -rte ;y..--~ ry-.~ ,~~,~.-~-~?~-.--~ ,- ` ~ -~- _ _.... ~~~~~ ~~ ~~~~~o~ i G _____ ~ ~~~ ''~ ;~ ~~/' ~,.f ~5~' ~- ~ -- _~ ..r- !~ ~iYJ/~ ~ ~r/f .~/,I~ ~.Ii' ~yf,~J C/ ,~ :~ ~,/,,/ ~.. ~ ' ~`' ~~7 <. ~ v ~ L~ ,~%~~ -~ ~--~ ~' ~~y ° -- ,tea' " a~' !~ ~ ~ ~ _, /~ ~ ~~ :., // ~-~~-; J ,% ~J, / ~~ !y' .ice .~i~l'":~' _ l r f, ~ a~ ~ ~~.~.%/ ~iD?%y ~-/~~y%~J _ :yr~,/iii' ~'/j'1`i~~%~'i.~~'~ /--~'%~~-cam' ~~ C, / ~ ~ ~-~ ~- ~~~ ~~ y~ a<?",, %~.~' /~~f-x,> ~~~J-,~J;=1~~~~ -~ - fi'x' ->'s'~'".~-~~ G ~~ /~}. J ,,, ~ , _ ~-rye-~-,~- =;.- ,~~.~~~~y~~ -- ~~~~~~~ ~~ / Aye Nays ~ ~~Jones 4% ~~- Lynch Resnick ~ l~ Voetbe~g ;~. Braig ~ U ., ,/ Buol Connors Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors • ~~~~'~~1~~~ ~~ '~ ~~p l ~Pq,a'~ 16 ~~~1~~ ~ ~. 2. Arboretum Drive -Request to Vacate Proof of publication on notice of public hearing to consider a request from Mike Felderman to vacate and purchase a portion of Arboretum Drive and City Manager recommending approval. RESOLUTION ~~ Approving plat of proposed vacated portion of Arboretum Drive and underlying roadway easement RESOLUTION ~'~ Vacating a portion of Arboretum Drive and underlying roadway easement RESOLUTION Jr Disposing of City interest in Lot B of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions Aye Nays :~~ Jones ~ Lynch /r, Resnick ~ Voetberg j Braig Buol ,/~)Connors C, 17 . 3. Iowa Wireless Services, LLC Proof of publication on notice of public hearing to consider a proposed lease of space to Iowa Wireless Services, LLC for a telecommunication antenna facility on the Pennsylvania Avenue Water Tank and City Manager recommending approval. RESOLUTION ~ ~ Approving a Lease Agreement between the City of Dubuque and Iowa Wireless Services, LLC for the installation and operation of a wireless telecommunication antenna facility Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ~~ Jones Lynch ~ Resnick ~i/oetberg ~ ~raig / Buol Connors REINSTATE THE RULES This action limits discussion to the City Council. Ayes Nays ,/ /,- Jones )Lynch j. Resnick ~ Voetberg ~ ~ raig ~ Buol . Connors • 18 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. Washington Neighborhood Lighting Initiative City Manager recommending approval of the street and alley lighting program proposed for the Washington Neighborhood. ~~~' Suggested Disposition: Receive and File; Approve ~/~' ~ ~~) ~n ~ ~ ~ ~~ ' ~~ ' ~ P/ ~ ~ ye Nays I~?~N ~ r. `~ ~" ~) Jones ~ ~ ~~ / ~ Lynch ~„~~~~ ~'~ `~ ~ .- esnick ~~~' ~~~, ~ Cp oetberg ' Braig `1~,~1 ./ :l / Buol `~ ~ / Connors 2. 175th Anniversa Committee Grant Awards ry City Manager recommending approval of the 175th Anniversary Committee grant awardsf~E J for ten projects. elf _! iJ~' ~~~4 Suggested Disposition: Receive and File; Approve ` ~~ ' ^ ~~.~- -~, Ayes Nays ~ ~ _ ~~ Jones ~ ~ ~.~ ynch i~.~ ~~ ~~esnick "., ,, ~,- J ,~ Voetberg Braig ~,~"~~~ ~ uol /; L ~' onnors • 19 3. Americans with Disabilities Act -Architectural Barrier Removal City Manager recommending adoption of an ordinance that will permit the enforcement of the Americans with Disabilities Act (ADA) on the local level. ORDINANCE .~~ - ~~ Amending Chapter 11, Buildings and Building Regulations, of the City of Dubuque Code of Ordinances by adding a new Article VIII, Accessibility Code for Readily Achievable Changes Suggested Disposition: Receive and File; Motion B; Motion A Ay Nays ~ .% Jones // l Lynch ~' Resnick /v Voetberg % Braig Buol /" Connors • A Nays ~~~ Jones ,~ Lynch / Resnick / Voetberg / ~~raig / Buol Connors 20 ,~;~,° III ~ i7~ 4. City Council Work Session -Digital TV Transition City Manager requesting that a City Council Work Session be scheduled so that information can be presented on the upcoming digital television transition. Suggested Disposition: Receive and File; Council !~ <,', Ayes Nays ~ Jones ~~Lynch Resnick ~: Voetberg Braig ~ Buol / ~~Connors -, (~ , 5. Fiscal Year 2009 Operating Budget and Five Year Capital Improvement Program City Manager submitting the Fiscal Year 2009 Operating Budget and Five Year Capital Improvement Program. II ~' f~ Suggested Disposition: Receive and File Ayes Nays Jones / Lynch ,i Resnick ~, Voetberg ~~ ,~ Braig Buol //Connors • 21 ~~~~ ,i~~y~ ~ ,, ~ /// } h" d ~/ IC ~~r1` ~J1 F~ `y tM I P ~p~ 4'~ ~~R~II ~ ~1i ~ ~ 7 N~w. C~~ vy~ t~ 1f~~ \y~ v ~~~~i~~l~~F~~~^f ~~~I, F,, M~~.' // 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. CLOSED SESSION Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2007 Code of Iowa Motion to go into closed session at ~ -'%'~ Aye Nays ~ ~J.Jones ~ ~ C Lynch Resnick Voetberg Braig ~Buol ~onnors Motion to adjourn at,f~, ~`' V~ Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors C7 22