2 2 09 Clerk's Skeleton Notes_Regular SessionCITY MANAGER VAN;ILLIGEN; CITY ATTORNEY LINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: The Reverend FCathleen Milligan, St. John's Episcopal Church
2
C®NSNTITEMS
,oyes Nays
uol
Connors
A' Jones
~p Lynch
,~ Resnick
.~ ~ i/oetberg
'', - 13raig
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 11/25; City Council of 1/15, 1/20 and
1/26; Electrical Code Board of 1/26; Housing Commission of 10/7; Library Board of
10/23, 11/10, 11/20, and 12/18; Park and Recreation Commission of 1/13;
Library Board of Trustees Update from Meeting of December 18, 2008
Proofs of publication of City Council Proceedings of January 5 (Special Meeting and
Regular Session), January 6, and January 15, 2009
Investment Oversight Commission submitting the 63~d Quarterly Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Ken Duffy for vehicle damage; Thomas J. Hamel for property damage; Lindsay Kruser
for vehicle damage; Craig Pfohl for vehicle damage; Gina Seeling for vehicle damage;
John F. Moran for vehicle damage; Austin M. Eppler for vehicle damage; Mary Lucas for
personal injury; Courtney Dolan for personal injury; Gary and Kerry Massey for property
damage; Nicole Morgan for personal injury/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: Paul Swartzel
for vehicle damage; Tom Hamel for property damage; Ken Duffy for vehicle damage;
Craig Pfohl for vehicle damage; Lindsay Kruser for vehicle damage; Mary Lucas for
personal injury/property damage; Austin Eppler for vehicle damage; John Moran for
vehicle damage; Gina Seeling for vehicle damage; Courtney Dolan for personal injury
City Attorney recommending denial of the claim of Scott D. Hos for vehicle damage.
Suggested Disposition: Receive and File; Concur
3
3. Acceptance of lnlarranty Deeds -Junnie and Rich's Coin Partnership
City Manager recommending acceptance of the warranty deeds for two parcels of land
owned by Junnie and Rich's Coin Partnership which were needed for the Bee Branch
Creek Restoration Project.
RESOLUTION :~=~~ Accepting conveyance of real property described as Lot
319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an addition in the City of
Dubuque, Iowa and Lot 353 and the Easterly One-Half of Lot 352 in East Dubuque No.
2, an addition in the City of Dubuque, Iowa to the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
4. Quarterly Investment Report
City Manager submitting the Quarterly Investment Report for the period from October 1,
2008 through December 31, 2008.
Suggested Disposition: Receive and File
5. Professional Services for Design of the Iowa 32 Hike/Bike Trail -Phase II Project
City Manager recommending approval of the selection of Buesing and Associates for
professional design services for the Iowa 32 Bike/Hike Trail Phase 2 project.
Suggested Disposition: Receive and File; Approve
6. 2008 Government Performance and Results Act (GPRA) Annual Report
City Manager submitting the 2008 Government Performance and Results Act (GPRA)
Annual Products Report.
Suggested Disposition: Receive and File
Ayes Nays
Voetberg
Craig
4
7. 2008 Certified Local Government (CLG) Annual Report
City Manager submitting the 2008 Certified Local Government (CLG) Annual Report.
Suggested Disposition: Receive and File
8. PEG Access Request
City Manager recommending approval of a request from Mediacom for $1,300 from the
Capital Grant for Access Equipment and Facilities to configure the master control room
at the public access studio and install the necessary equipment to provide audio for the
Cablecast Carousel graphic bulletin board system.
Suggested Disposition: Receive and File; Approve
9. Cable Car Square Association
Communication from Teri Connely, Cable Car Square President, thanking the City and
the snow removal crews for their efforts after the heavy snowfall the weekend before
Christmas.
Suggested Disposition: Receive and File
10. Iowa Department of Economic Development -International Business Machines
Corporation
City Manager recommending approval of the submittal of a State of Iowa financial
assistance application to the Iowa Department of Economic Development on behalf of
IBM Corporation.
RESOLUTION c~~' ~,~~_ Authorizing the filing of a State of Iowa Financial
Assistance Application on behalf of IBM Corporation
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
u®I
Connors
Jones
Lynch
Resnick
Voetberg
raig
5
11. Dubuque Professional Firefighters Association Local #353
City Manager recommending approval of a two-year collective bargaining agreement
between the City and the Dubuque Professional Firefighters Association Local #353.
.~ _.~.
RESOLUTION Approving the agreement between the City of Dubuque,
Iowa and Dubuque Professional Firefighters Association, Local #353 and authorizing
the Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
12. Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
Communication from Chuck Goddard, Agency Administrator for DMASWA, submitting
the Agency's Fiscal Year 2010 fee schedule which goes into effect on July 1, 2009.
Suggested Disposition: Receive and File
13. Lease Agreement -Dubuque Racing Association
City Manager recommending approval of the Third Amendment to the existing Lease
Agreement between the City of Dubuque, as owner of Dubuque Greyhound Park and
Casino, and the Dubuque Racing Association.
Suggested Disposition: Receive and File; Approve
14. Purchase of Property - 317 / 319 East 22nd Street
City Manager recommending approval of the purchase of a residential rental dwelling
located at 317 / 319E 22nd Street, as part of the acquisition program associated with the
Bee Branch Creek Restoration Project.
RESOLUTION ~ Approving the acquisition of real estate located at 317
319E 22nd Street, in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Eraig
6
15. Isaac Hanna Subdivision
Communication from George B. Isaac, Isaac Hanna, LLC, requesting a final inspection
and acceptance of public improvements completed in Isaac Hanna Subdivision.
Suggested Disposition: Receive and File; Refer to City Il~anager
16. Iowa Department of Transportation -Right-of-Way Acquisition Services
Agreement
City Manager recommending approval of a Right-of-Way Acquisition Services
Agreement with the Iowa Department of Transportation for the Southwest Arterial
Project.
RESOLUTION ~ Approving the Iowa Department of Transportation Right-
of-Way Acquisition Services Agreement for City street relocations and/or reconstruction
for City of Dubuque Southwest Arterial
Suggested Disposition: Receive and File; Adopt Resolution
17. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION ~ ~~ Granting the issuance of a Class "B" Beer Permit to Pizza
Hut #4690 and #4691 and a Class "C" Beer Permit to Big 10 Mart
RESOLUTION ~~~ ~z Granting the issuance of a Class "C" Beer/Liquor License
to Goetz' and Mario's Italian Restaurant; and a Special Class "C" Liquor License to Cafe
Manna Java West and Pusateri's
Suggested Disposition: Receive and File; Adopt Resolutions
18. Legislative Correspondence
City Manager submitting correspondence to area State Legislators regarding the State's
budget proposal to reduce the state-funded Homestead Property Tax Credit
Suggested Disposition: Receive and File
Ayes Nays
Bu®I
Connors
Jones
Lynch
Resnick
Voetberg
Braig
7
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Ayes plays
Buol
'' .~~Connors
;` Jones
c°, °Lynch
Pf . Resnick
y `r Voetberg
Braig
1.
2.
3.
Vacating of Property
City Manager recommending that a public hearing be set for February 16, 2009 to
consider the vacating of Gillespie Street, Fink Street and the adjacent alley, which are
now located within the West 32nd Street Detention Basin.
RESOLUTION ~~~ of Intent to vacate public interest tin Gillespie Street,
Fink Street, and adjacent alley in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/16/09
Sewer Revenue Capital Loan Notes
F ~ r_r
Suggested Disposition: Receive and File; Adopt Resolution .r ~.~f` ~ ~~~° ` ~ ~`~~
~, k
City Manager recommending that a public hearing be set for February 16, 2009 to
consider approval of the issuance of not to exceed $3,500,000 Sewer Revenue Capital
Loan Notes for the planning and design of the Water Pollution Control Plant renovation
project.
RESOLUTION ~°-.~ Fixing date for a meeting on the authorization of a
Loan and Disbursement Agreement and the issuance of not to exceed $3,500,000
Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of
notice thereof
Neighborhood Stabilization Program
City Manager recommending that a public hearing be set for February 16, 2009 to
receive comments on an application to the Iowa Department of Economic Development
(IDED) for Neighborhood Stabilization program funds.
8
RES®LU71®N ~~ ~~ Setting a public hearing on an application to the Iowa
Department of Economic Development (IDED) for Neighborhood Stabilization Program
funds ~ ,;f
Suggested Disposition: Receive and File; ~-dopt Resolution e;~ `~ ~~~ ~~ ~
e
9
~®ARDS/c®~nnl~sl®~~
Appointments to the following Commission:
Community Development Advisory Commission
Two 3-year terms through February 15, 2012, Low/Moderate Income Area and At-Large
Requirements (Terms of Wainwright and Stubben)
Applicants:
Hilary Stubben, 2433 Broadway Street (Low/Moderate Income Area)
Thomas Wainwright, 1800 Elm Street (At-Large)
Ayes Nays
Buoi
°`` Connors
_- =Jones
Lynch
Resnick
~' Voetberg
~Braig
9
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
Ayes Nays
uol
Connors
Jones
31~ynch
'Resnick
~"' Voetberg
Braig
r
1. Floodwall Levee Slope Stabilization Project
Proof of publication on notice of public hearing to consider approval of the plans and
specifications, form of contract and estimated cost for the Floodwall Levee Slope
Stabilization Project and City Manager recommending approval.
r
RESOLUTION £. 3 ray Approving plans, specifications, form of contract, and
estimated cost for the Floodwall Levee Slope Stabilization Project
i
Suggested Disposition: Receive and File; Adopt Resolution `,
~~
,`
f ~~:
REINSTATE THE RULES ~ `'
This action limits discussion to the City Council. ,~'~ ~~
A eS Na S ~ ~ ~~
y y
BUOI
7 _ ~X.~
Connors ' -'~ `;
~` Jones ~~ P F
~ ~ Lynch ,r ~, ~ - h,F ~
~~` ..Resnick:. ;`
Voetberg,.
Braig ,.
,.
,_
'~ ~~
r.
10
ACTION ITEII~S
These are items where discussion is held by the City Council -public comments are not
allowed except as authorized by the IVlayor.
1. Ericktown Liquor License Renewal
City Manager recommending approval of a six month liquor license renewal for
Bricktown Brewery.
RESOLUTION ~~°°~~ Granting the issuance of a six month Class "C"
Beer/Liquor License to Bricktown Brewery
e~.
Suggested ®isposition: Receive and File; Adopt Resolution
d
~ !
/ o .'4.'.
Ayes Nays ~ ~ ~~
~uol `
;'r'~Connors _'
~,~r Jones t
~~ e
r .Lynch ~~~'
;, g
Resnick ~~
,,~~ Voetberg s, ~; f~'4 ~ ti
Eraig ,z~ e
,: i
~,
~ + t ¢," ~~` ``
~ 6
~~~~~' ~ t. ~i. f t
- ~` ~f' 11
rx~ ~~
P ..? I
~ 1.
/t;~
' ~ d,
,~`' ~ ~£
R~`
t
~:
p" ~ ,
,ji'
j f ',
' #
f ?' !
~,6
11
2. Development Agreement and Incentive Agreement -International Business
Machines Corporation (Tabled on January 26, 2009)
City Manager recommending that action on this item be tabled to February 16, 2009.
RESOLUTI®N Approving and authorizing execution of the Development Agreement
between the City of Dubuque, Iowa and Dubuque Initiatives, and the Incentive
Agreement between the City and International Business Machines Corporation
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution
Note: Change Disposition to "Table"
f
~ P
.. ~,.,
Ayes Nays
`Connors >''`
Jones
,,~~' Lynch -`~
Resnick
f
Voetberg -,f f
~a raig r
' F'
'i
,i ~,Z
',~~.
r
t
12
3. 15264 Middle Road -Request to Rezone (First Reading on January 20, 2009)
ORDINANC °~ ~~` c~J'~Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by reclassifying hereinafter described property located
at 15264 Middle Road from Dubuque County R-2 Single-Family Residential District to
City CS Commercial Services and Wholesale District
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
R Buol
~1,~Connors
f. ` ;Jones
,~ riLynch
~.:
~° Resnick
~` Voetberg
,~ Braig
Ayes Nays
-.Bu®I
r~~;Connors
Jones
~` - s'°; Lynch
Resnick
Voetberg
Braig
1 F
r ~ R`
z~,~_.
,A=
~,
f
F
E
6b f { ~`
13
4. 607 East 22nd Street -Request to Rezone (First Reading on January 20, 2009)
®RDINANCE .~~~..~~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 607 - 609 East 22nd Street from C-1 Neighborhood Commercial District, with
conditions, to C-1 Neighborhood Commercial District, with conditions
Suggested Disposition: Receive and File; Motion ~; IVlotion A
Ayes Nays
gU01
F~ Connors
'~° Jones
Lynch
Resnick
n,,Voetberg
,r
,~f~;Braig
Ayes Nays
~uol
~` ,Connors
Jones
~~~ Lynch
~° Resnick
~loetberg
,Braig
,~` , , .
~}
i` ~ ~,~_
,'` ~f }&i
0 <-
L.~~
da~
14
5. 777 Edwards Road -Amendment to Planned Unit Development District (First
Reading on January 20, 2009)
ORDINANCE ~ ~~ Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by reclassifying hereinafter described property located
at 777 Edwards Road from R-1 Single Family Residential District to PUD Planned Unit
Development District with a PI Planned Industrial District designation and adopting a
revised Conceptual Development Plan for Edwards Cast Stone
Suggested Disposition: Receive and File; IVlotion B; 11~otion A
~~<
Ayes Nays
Buol
., Connors
a"~ Jones
Lynch
--,Resnick
~` E ~~Voetberg
'Braig
Ayes Nays
Buol
~~ Connors
,~ Jones
" ~, `~~~ Lynch
,, Resnick
Voetberg
Braig
~,~ ~ ~
f
~. vk,
'
F, ~
t
... ~.:
A`
~;.
15
6. Oak Grove Sanitary Sewer and Water IVlain Extension Project (Tabled on January
20, 2009)
. ,- .~-.p
RESOLUTION ~a.~,, .~~~ Approving plans, specifications, form of contract, and
estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project
RESOLUTION ``~ ~``~ With respect to the adoption of the Resolution of
Necessity proposed for the Oak Grove Sanitary Sewer and Water Main Extension
Project
RESOLUTION `~~'~ ~~ Approving schedule of assessments and estimate of
total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project
Suggested ®isposition: Remove from Table; Receive and File; Adopt Resolutions
,, ~ r
~; ,
Ayes `' Nays
Buol
'Connors
F Jones
Lynch
,s` Resnick
~ ,Voetberg
t`=,~Braig
Ayes Nays
R ~ `~~ Connors ~,.
1 s s'~' ._ € F n -
~:
Jones
Lynch
Resnick ~`'
Voetberg
<~fiF FiBraig
f.
16
7. Award of Contract -Oak Grove Sanitary Sewer and Water Main Extension Project
City Manager recommending award of the public improvement contract for the Oak
Grove Sanitary Sewer and Water Main Extension Project to Drew Cook & Sons
Excavating, Inc., in the amount of $117,926.00.
~~
RESOLUTION '~~ ~ Awarding public improvement contract for the Oak Grove
Sanitary Sewer and Water Main Extension Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
. `:r`~Connors
A ;..
~-" Jones
Lynch
Resnick
.~ ~F~Voetberg
~`~F~~Braig
17
8. Valet Parking (First Reading on January 20, 2009)
ORDINANCE Amending City of Dubuque Code of Ordinances
Sections 33-21 and 33-21.2 to provide for valet parking in the downtown business
district by requiring businesses to obtain a special events permit and provide a plan for
compliance with the Americans with Disabilities Act and Americans with Disabilities Act
Accessibility Guidelines
Suggested Disposition: Receive and File; Motion B; Motion A
J
ti.~
Ayes Nays '`' ~`
uol ~ ,` ~f~ r
`~ Connors '
:,
°-~~ Jones ~'~`
,_ Lynch =~
.Resnick
Voetberg
Braig
Ayes Nays
Buol ~~
Rf Connors r`~ b
Jones '
,f ~ ' ~~ynch
Resnick
Voetberg
Braig ,,g ,,~
fr
i !?`
9. Fiscal Year 2010 Operating Budget and Capital Improvement Program `
City Manager submitting the Fiscal Year 2010 Operating Budget and Five Year Capital
Improvement Program.
Suggested Disposition: Receive and File
Ayes Nays
Buol
,FConnors
~. ,Jones
~' .. ELynch
_ Resnick
Voetberg
Braig
18
COUNCIL IVIEIVIRER REPORTS
PUDLIC 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 -Chapter 21.5(1)(j) Code of Iowa
Motion to go into Closed Session at ~~ 1 ~~`.~~.
Ayes Nays
. Buol
~,connors
i.' Tones
~` Lynch
Resnick
,, Voetberg
Craig
~`
Motion to adjourn at ~~ f ~`~
19