7 7 08 Clerk's Skeleton Notes_Regular SessionCITY COUNCIL REGULAR SESSION, JULY 7, 2008
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
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PRESENT: MAYOR OL, COUNCIL MEMBERS CRAIG, CO~NORS, JQES, LYCH,
RESNI~K, VOET,Sf ERG
CITY MANAGER VAIN MILLIGEN; CITY ATTORNEY~°LINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
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Dubuque County Fair Week (July 22 - 27, 2008)
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United Wa Cam ai n Time Au ust 13 - Octoer 31, 2008)
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CONSENT ITEMS
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Ayes Nays
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1. Minutes and Reports Submitted
Airport Commission of 3/25 and 4/28; Arts and Cultural Affairs Advisory Commission of
5/27; Cable TV Teleprogramming Commission of 5/6; City Council of 6/16 and 6/30;
Civil Service Commission of 5/16; Environmental Stewardship Advisory Commission of
7/1; Housing Commission of 4/10; Housing Commission Trust Fund Committee of 4/2;
Plumbing Board as Amended of 2/28; Zoning Advisory Commission of 6/18
Proofs of publication of City Council Proceedings of June 2, 4, 9 and 16, 2008
Library Board of Trustees Update from Meeting of June 24, 2008
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Laddie and Carol Sula for vehicle damage; Justin Ramos for vehicle damage; Adolph
Dominick Petrillo III for vehicle damage; Jim Huff 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: Adolph Petrillo
for vehicle damage; Vernon E. Puls for property damage
Suggested Disposition: Receive and File; Concur
Ayes Nays
Bu®I
Connors
Jones
Lynch
Resnick
Voetberg
Braig
3
3. Livability Awards Program
Communication from Senator Tom Harkin congratulating the City on the first place
honors in the 2008 City Livability Awards Program.
Suggested Disposition: Receive and File
4. Board and Commission Resignations
Merle J. Duehr submitting his resignation from the Civil Service Commission effective
June 30, 2008.
Angela Mozena submitting her resignation from the Housing Commission effective
August 17, 2008.
Suggested Disposition: Receive and File; Accept Resignations
5. Project Management -Part-Time Confidential Account Clerk
City Manager recommending approval of the creation of a part-time Confidential
Account Clerk position (30 hours a week) to assist the Project Manager in the
Engineering Department.
Suggested Disposition: Receive and File; Approve
6. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Police Officer,
Information Technology Specialist and Assistant Gardener.
Suggested Disposition: Receive and File; Make a Matter of Record
7. Citizen Communication
Communication from Paula Gieseman regarding her appointment to the Civil Service
Commission.
Suggested Disposition: Receive and File
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
4
8. Letter of Support
City Manager recommending approval of a Letter of Support for the U.S. Coast Guard's
wharf replacement project in the Ice Harbor at the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
9. Workers' Compensation Excess Insurance
City Manager recommending approval of the renewal rate submitting by Safety National
for the excess workers' compensation insurance effective July 1, 2008 through June 30,
2009.
Suggested Disposition: Receive and File; Approve
10. Vacant and Abandoned Building and Problem Property Assessments
City Manager recommending approval of vacant and abandoned building and problem
property assessments.
RESOLUTION Adopting the schedule of assessments for the vacant
and abandoned building and problem property charges specifying the number of annual
installments into which assessments are divided, the interest on all unpaid installments,
the time when the assessments are payable and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
RESOLUTION ~ ~ Authorizing the City to collect delinquent vacant and
abandoned building and problem property charges in accordance with Section 26-
3(b)(1)h; Section 26-4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City
of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
11. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Dubuque
Millworking Historic District will be considered by the State National Register
Nominations Review Committee for nomination to the National Register of Historic
Places on August 22, 2008.
Suggested Disposition: Receive and File
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
5
12. Ice Harbor Transient Boat Dock Project
City Manager recommending acceptance of the Ice Harbor Transient Boat Dock Project
as completed by Newt Marine in the final contract amount of $520,546.71.
RESOLUTION °, ' ~ Accepting the Port of Dubuque -Ice Harbor Transient
Boat Dock Facility Project and authorizing the payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution
13. Downtown Streetlight and Traffic Signalization Pole Painting Project
City Manager recommending acceptance of the Downtown Streetlight and Traffic
Signalization Pole Painting Project as completed by Alan Jackson Tuckpointing, Inc. in
the amount of $66,541.90.
RESOLUTION ,~`f Accepting the Downtown Streetlight and Traffic
Signalization Pole Painting Project and authorizing the payment of the contract amount
to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
14. Bee Branch Creek Restoration Project
City Manager recommending approval to negotiate and execute a contract with History
Pays! for a fee not to exceed $26,987 for the Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Approve
15. Locust Street Connector and Central Avenue Traffic Control Camera and Fiber
Optic Project
City Manager recommending award of the contract for the Locust Street Connector and
Central Avenue Traffic Control Camera and Fiber Optic Project to Price Industrial
Electric in the amount of $408,622.
RESOLUTION < -- Awarding public improvement contract for the Locust
Street Connector and Central Avenue Traffic Control Camera and Fiber Optic Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
6
16. Plat of Survey -Park View No. 2
Zoning Advisory Commission recommending approval of the Plat of Survey of Park
View No. 2.
RESOLUTION Approving the Plat of Survey of Park View No. 2
Suggested Disposition: Receive and File; Adopt Resolution
17. Plat of Survey -Park View No. 3
Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 of
Park View No. 3.
RESOLUTION ,~~~°' Approving the Plat of Survey of Park View No. 3
Suggested Disposition: Receive and File; Adopt Resolution
18. SDAT Report
City Manager transmitting the American Institute of Architect's Sustainable Design
Assessment Team Report and Media Plan.
Suggested Disposition: Receive and File
19. Cooper Development, LLC
City Manager recommending approval of an agreement with Cooper Development, LLC
to maintain as a parking lot the future city-owned parking lot at the corner of 3`d Street
and Locust Street.
RESOLUTION ~ ~ Approving an agreement with Cooper Development
Company, LLC in regard to the parking lot located at the southeast corner of 3`d Street
and Locust Street
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
7
20. Downtown Rehabilitation Loan and Facade Grant
City Manager recommending approval of a $10,000 Facade Grant and a $300,000
Downtown Rehabilitation Loan to support the rehabilitation of property at 1005 Main
Street.
RESOLUTION ~~,, ~ Authorizing a Letter of Commitment and additional
actions concerning a Downtown Rehabilitation Loan and Facade Grant for property
located at 1005 Main Street
Suggested Disposition: Receive and File; Adopt Resolution
21. Fiscal Year 2009 Arts and Culture Funding Program
Arts and Culture Affairs Advisory Commission recommending approval of twelve Fiscal
Year 2009 Arts and Culture Operating Support funding requests and authorization for
the City Manager to sign the funding agreements.
Suggested Disposition: Receive and File; Approve
22. Fiscal Year 2009 Special Projects Arts and Culture Grants
Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal
Year 2009 Arts and Culture Grants for Special Projects and authorization for the City
Manager to sign the grant agreements.
Suggested Disposition: Receive and File; Approve
23. Workers' Compensation Claim
City Manager recommending approval of the settlement agreement for the workers'
compensation claim of Scott Pape.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
8
24. Purchase of Property - SB Development, LLC
City Manager recommending acceptance of the deed for property purchased from SB
Development, LLC for the Bee Branch project.
RSEOLUTION ~ ~° Accepting the deed to certain real estate in
Dubuque County, Iowa from SB Development, LLC
Suggested Disposition: Receive and File; Adopt Resolution
25. Assistance to Firefighters Grant
City Manager recommending approval of an Assistance to Firefighters Grant application
for 2008 that is administered through the Federal Homeland Security Department.
Suggested Disposition: Receive and File; Approve
26. Mutual Aid Agreement -Galena, IL
City Manager recommending approval of a 28E Mutual Aid Agreement for aerial ladder
apparatus between the City of Dubuque and the City of Galena, IL.
Suggested Disposition: Receive and File; Approve
27. Eide Bailly Audit Agreement
City Manager advising that the Eide Bailly Audit Engagement Letter has been signed.
Suggested Disposition: Receive and File; Approve
28. City Development Board
Communication from Steven R. McCann, City Development Board, advising that the
City of Dubuque's voluntary annexation request will be heard by the Board on July 9,
2008.
Suggested Disposition: Receive and File
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
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29. Climate Communities Membership
City Manager recommending that the City join Climate Communities, an organization
that is partnering with the International Council for Local Environmental Initiatives
(ICLEI) to promote local government leadership regarding climate change.
Suggested Disposition: Receive and File; Approve
30. PEG Capital Grant Expenditure Request
City Manager recommending approval of five requests for funding from the Capital
Grant for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
31. City Manager Employment Agreement
Submittal of the Eighteenth Amendment to the City Manager's Employment Agreement
for approval.
Suggested Disposition: Receive and File; Approve
32. Bluff Overlay District Ordinance
Communication from the Dubuque Board of Realtors in opposition to the proposed
bluffland ordinance.
Communication from Mike and Cheri Sullivan, 838 Althauser, in opposition to the
proposed Bluff Overlay District ordinance.
Communication from Mark E. Molo, Molo Companies, in opposition to the Bluff Overlay
District.
Suggested Disposition: Receive and File
33. Arts and Cultural Affairs Advisory Commission
Communication from the Arts and Cultural Affairs Advisory Commission regarding the
Edward S. Curtis: The North American Indian collection.
Suggested Disposition: Receive and File
Ayes Nays
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34. Fremont Heights Detention Basin
City Manager submitting information in response to a complaint about the Fremont
Heights Detention Basin.
Suggested Disposition: Receive and File
35. Liquor License Transfers
The Rotary Club requesting a transfer of their liquor license to the Alliant Outdoor
Amphitheater at the Star Brewery Company on July 26 and August 23, 2008.
Suggested Disposition: Receive and File; Approve
36. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
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RESOLUTION a , ~ Granting the issuance of one new permit to sell
cigarettes and cigarette papers to Pioneer's Rest Area
RESOLUTION ~~ Granting the issuance of 28 renewal permits to sell
cigarettes and cigarette papers
RESOLUTION ~~ , - ~-~ Granting the issuance of a Class "B" Beer Permit (5-
Day Special Event) to Dubuque Jaycees; and a Class "C" Beer Permit to Cedar Cross
Amoco and Oky Doky #6
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RESOLUTION ~~` ~°`~ Granting the issuance of a Class "C" Beer/Liquor
License (5-day) to Dubuque Area Labor Management Council; and a Class "B" Wine
Permit to church of the Resurrection and Oky Doky #6
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
11
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. 11t" Street Steps and Grove Terrace Retaining Wall Repair Project
City Manager recommending initiation of the public bidding process for the 11t" Street
Steps and Grove Terrace Retaining Wall Repair Project and that a public hearing be set
for July 21, 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, setting date of public hearing and ordering bids for the 11t"
Street Steps and Grove Terrace Retaining Wall Repair Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7/21 /08
2. Iowa Street Parking Ramp to NICC Building -Walkway Project
City Manager recommending initiation of the public bidding process for the Iowa Street
Parking Ramp to NICC Building -Walkway Project and that a public hearing be set for
July 21, 2008 to consider approval of the plans and specifications, form of contract and
estimated cost.
~~ ~ Preliminary approval of plans, specifications, form
RESOLUTION °~
of contract, and estimated cost, setting date of public hearing and ordering bids for the
Iowa Street Parking Ramp to NICC Building -Walkway Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7/21 /08
Ayes Nays
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BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Civil Service Commission (Mayor Appointment)
One 4-year vacant term though April 6, 2009 (Term of Duehr)
Applicants: John Stevens, 2215 Graham Circle
Daniel White, 2919 Elm Street
Joseph Link, 1290 Pamela Court (~ dditional Applicant)
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Historic Preservation Commission ( Orel HfiH~ District FZe~"resentative)
One 3-year vacant term through July 1, 2012 (Term of Coty)
Applicant: Michael Knight, 205 Bluff Street c,v a
Transit Board of Trustees
Two 3-year expired terms through July 30, 2011 (Terms of Enderson, Lightcap, Davidson)
Applicants: George Enderson, Jr., 511 St. George Street
Joel Lightcap, 1985 Alta Vista Street
Zoning Board of Adjustment
One 5-year vacant term though March 25, 2013 (Term of Urell)
Applicant: Jeff Cremer, 919 ~/2 Bluff Street
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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. Individual Historic Designation - 2537 Windsor Avenue
Proof of publication on notice of hearing to consider Individual Historic Designation of
2537 Windsor Avenue and Long Range Planning Advisory Commission recommending
approval as it is consistent with the 2008 Dubuque Comprehensive Plan.
Communication from the State Historical Society of Iowa regarding the designation of
2537 Windsor Avenue as an Individually Designated Historic Property.
ORDINANCE ~ Amending Chapter 25 (Historic Preservation) of the
City of Dubuque Code of Ordinances by adding Section 25-6.14(3) Establishing an
Individually Designated Historic Property at 2537 Windsor Avenue
Suggested Disposition: Receive and File; Motion B; Motion A
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Cottingham and Butler -Request for Text Amendment
Proof of publication on notice of public hearing to consider a request from Cottingham
and Butler for a text amendment to the C-5 Downtown Business District Sign
Regulations to place a freestanding sign along the Main Street frontage and Zoning
Advisory Commission recommending approval.
ORDINANCE ~`~ Amending Appendix A (The Zoning Ordinance) of the
City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign
Regulations for the C-5 Central Business District, and adopting a new Section 4-3.11
Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof,
pertaining to the addition of freestanding identification signs from 8t" to 10t" Streets
along either side of Main Street
Suggested Disposition: Receive and File; Motion B; Motion A
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3. City of Dubuque -Request for Text Amendment
Proof of publication on notice of public hearing to consider a request from the City of
Dubuque to amend the Dubuque Industrial Center West PUD Planned Unit
Development Sign Regulations to allow primary signs to identify products or services
and Zoning Advisory Commission recommending approval.
ORDINANCE ~ Amending Appendix A (The Zoning Ordinance) of the
City of Dubuque Code of Ordinances by repealing Sections E(3)(A)(2) and E(3)(A)(3) of
Ordinance 83-04 And enacting new Sections E(3)(A)(2) And E(3)(A)(3) in lieu thereof
pertaining to on-premise primary signage of the PI Planned Industrial District for
Dubuque Industrial Center West
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
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4. Water Pollution Control Plant Facility Plan
Proof of publication on notice of public hearing to consider a facility planning process
and schedule for biosolids treatment at the Water Pollution Control Plant and City
Manager recommending approval.
Correspondence and CD from Gerhardt Van Drie regarding the operation of the Water
Pollution Control Plant.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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REINSTATE THE RULES
Ay Nays
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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.
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1. Memorial Donation -Resurface Tennis Courts in Eagle Point Park
City Manager recommending acceptance of a $30,000 donation from the family of Mr.
and Mrs. Robert Klavitter to resurface and improve the tennis courts in eagle Point Park.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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2. Request to Address the City Council -Alan B. Chidley
City Attorney recommending denial of the claim of Alan B. Chidley for vehicle damage.
Communication from Alan B. Chidley regarding the denial of his claim for vehicle
damage.
City Attorney submitting information regarding the denial of Alan B. Chidley's claim for
vehicle damage.
Suggested Disposition: Receive and File; Council
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3. Tattoo Ordinance
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City Manager submitting information regarding the City's ordinance regulating tattooing
and providing three options for City Council consideration. k ~`
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ORDINANCE Amending City of Dubuque Code of Ordinances by
repealing Section -2 Tattooing and adopting a new Section 23-2 to allow tattooing
under the supervision of a Medical Doctor (MD) or Osteopath (DO)
Or
ORDINANCE Amending City of Dubuque Code of Ordinances by
repealing Section 23-2 Tattooing and adopting a new Section which adopts the State of
Iowa Tattooing Code and Administrative Rules
Suggested Disposition: Receive and File; Council; Motion B; Motion A ~
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4. Community Economic Betterment Account (CEBA) -Quebecor
City Manager recommending approval of a Community Economic Betterment Account
(CEBA) Application and a High Quality Job Program Application to the Iowa Department
of Economic Development on behalf of Quebecor World Dubuque and a $100,000
UDAG Loan from the City.
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RESOLUTION ,~ _ Authorizing the filing of a Community Economic
Betterment Account (CEBA) and High Quality Jobs Program (HQJP) application on
behalf of Quebecor World Dubuque, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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5. Stone Cliff -Lighting on Railroad Bridge ~
Communication from Bob Smith, Stone Cliff Wry, requesting a letter of support for ~
the installation of holiday style lighting on the rail oad bridge from the Port of Dubuque
to the tunnel entrance in East Dubuque.
Suggested Disposition: Receive and File; Council
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6. Washington Street Row House Purchase
City Manager recommending approval of the purchase of a row house apartment unit
located at 1787 Washington Street as part of the Washington: Revitalize! strategy.
~-~ ~-
RESOLUTION ~ ~ Approving the acquisition of real estate located at
1787 Washington Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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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
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Motion to go into Closed Session at ,~
~A,yes Nays
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Motion to adjourn at
Ayes Nays
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