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
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•
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
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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
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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
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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
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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
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• 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
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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
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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
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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,
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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
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. 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
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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
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Connors
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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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Ayes Nays
;/ Jones
~ Lynch
f . Resnick
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Buol
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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
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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
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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
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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. 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 ~/~' ~ ~~)
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ye Nays I~?~N ~ r. `~ ~"
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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~'
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Suggested Disposition: Receive and File; Approve ` ~~ ' ^ ~~.~-
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Ayes Nays ~ ~ _
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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
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// l Lynch
~' Resnick
/v Voetberg
% Braig
Buol
/" Connors
•
A Nays
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/ Resnick
/ Voetberg
/ ~~raig
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Connors
20
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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
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Ayes Nays
~ Jones
~~Lynch
Resnick
~: Voetberg
Braig
~ Buol
/ ~~Connors -,
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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.
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Suggested Disposition: Receive and File
Ayes Nays
Jones
/ Lynch
,i Resnick
~, Voetberg
~~ ,~ Braig
Buol
//Connors
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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
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