1 19 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, JANUARY 19, 2010
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
E Ia UNCIL MEMBERS BRAIG, C NORS,
PRES fiIT: M '1(OR PRf� -TEM R SNIC
JOTS, LYNCH, VOE7BERG ��
CITY -MANAGER NAGBR V A ' ' ; CITY ATTORNEY LIND
ABSE : MAYOR BU L
AAP -
Mayor H el- read the c II and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
INVOCATION: Reverend Tim LoBianco, Resurrection Church
PROCLAMATIONS: Earned Income Tax Credit (EITC) Awareness Day (January 29, 2010)
Received by %
CONSENT ITEMS
Ayes
,/ Resnick
Voetberg
Braig
.Boor
Connors
Jones
Lynch
Nays
1. Minutes and Reports Submitted
Cable Community Teleprogramming Commission of 11/3; City Council of 1/4; Historic
Preservation Commission of 12/17; Library Board of Trustees of 11/17; Zoning Advisory
Commission of 1/6; Zoning Board of Adjustment of 12/17
Carnegie Stout Public Library Board of Trustees Update from Meeting of December 17,
2009
Proof of publication of City Council Proceedings of December 21 and 30, 2009
Suggested Disposition: Receive and File
2. Notice of Claims /Suits
Donna Clough for personal injury; John W. Thomas for property damage; Tschiggfrie
Excavating Company for property damage; Vicky Fuller 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: Cheryl
Ludovissy for vehicle damage; Sally Lang for personal injury / vehicle damage; Ron
Burds for vehicle damage; Richard Hanson for vehicle damage; Donna Clough for
personal injury; John W. Thomas for property damage; Arthur Cotton for vehicle
damage
Suggested Disposition: Receive and File; Concur
2
3. Fiscal Year 2010 Annual Action Plan — Amendment #2
City Manager recommending approval of the second amendment to the Fiscal Year
2010 Annual Action Plan.
RESOLUTION t Approving a Fiscal Year 2010 (Program Year 2009)
Annual Action Plan — Amendment 2 for Community Development Block Grant (CDBG)
Homelessness Prevention and Rapid Re- Housing (HPRP) and Community
Development Block Grant Recovery (CDBG -R) funds.
Suggested Disposition: Receive and File; Adopt Resolution
4. Grass and Weed Cutting Assessments
City Manager recommending approval to certify grass and weed cutting charges to the
Dubuque County Treasurer in order to establish real property liens for collection of such
charges.
RESOLUTION /' ' Authorizing the City to collect delinquent grass and
weed cutting and garbage collection charges in accordance with Title 6- 6 -3C2o; Title 6-
6-4B3 and Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
5. Vacant and Abandoned Buildings (VABs) and Problem Property Assessments
City Manager recommending approval of vacant and abandoned building and problem
property assessments.
RESOLUTION / / Authorizing the City to collect delinquent vacant and
abandoned building and problem property charges in accordance with Title 6 -6 -3B1 h;
Title I6 -6 -4B3 and Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
6. Curtis Collection
City Attorney transmitting the fully executed Bill of Sale for the Curtis Collection from
Dubuque Cultural Preservation Committee to the Dubuque Museum of Art.
Suggested Disposition: Receive and File
3
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
7. Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
Communication from Chuck Goddard, Agency Administrator for DMASWA, submitting
the Agency's Fiscal Year 2011 fee schedule which goes into effect on July 1, 2010.
Suggested Disposition: Receive and File
8. Downtown Design Guidelines
City Manager recommending approval of the proposed expansion of the Downtown
Design Guidelines (DDG) area to be consistent with the southern boundary of the
Greater Downtown Urban Renewal District.
Suggested Disposition: Receive and File; Approve
9. Plat of Survey — Pinchuck - Herrig Place
Zoning Advisory Commission recommending approval of the Plat of Survey of
Pinchuck - Herrig Place as requested by Buesing and Associates.
RESOLUTION /. Approving Plat of Survey of Pinchuck - Herrig Place
Suggested Disposition: Receive and File; Adopt Resolution
10. Thomas Place Guardrail and Curb and Gutter Replacement Project
City Manager recommending acceptance of the Thomas Place Guardrail and Curb and
Gutter Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc. in
the final contract amount of $35,547.35.
RESOLUTION / Accepting the Thomas Place Guardrail and Curb and
Gutter Replacement Project and authorizing payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution
4
Ayes
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
Nays
11. Asbury Plaza Area Wastewater Pumping Facilities
City Manager recommending acceptance of the Asbury Plaza Area Wastewater
Pumping Facilities as completed by McDermott Excavating in the final contract amount
of $550,845.47.
RESOLUTION /‘/ Accepting the Asbury Plaza Area Wastewater Pumping
Facilities Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
12. Cottingham and Butler, Inc. — CEBA and EZ Amendments
City Manager recommending approval of an amendment to the CEBA and EZ
agreements with Cottingham and Butler, Inc., which extends their job creation deadline
by one year.
RESOLUTION /J Authorizing the approval of an amendment to the CEBA
and Enterprise Zone Agreements with Cottingham & Butler Insurance Service
Suggested Disposition: Receive and File; Adopt Resolution
13. Clean Water State Revolving Fund Rules
Communication to the Iowa Department of Natural Resources conveying the City of
Dubuque's comments on proposed changes to Chapter 90 of the Code of Iowa
regarding the Clean Water State Revolving Fund rules.
Suggested Disposition: Receive and File
14. Citizen Communication
Communication from Sandy Amberg, 80 Croydon Crest, regarding fluoridation in the
City's water system.
Suggested Disposition: Receive and File; Refer to City Manager
Ayes
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
5
Nays
15. Environmental Stewardship Advisory Commission
Communication from the Environmental Stewardship Advisory Commission regarding
fundraising car washes and stormwater management.
Suggested Disposition: Receive and File; Refer to City Manager
16. Signed Contracts
-- The Ferguson Group for Energy Efficiency and Conservation Block Grant (EECBG)
Strategic / Grant Writing Services
Suggested Disposition: Receive and File
17. Business License Refund
Request of Road Ranger, LLC for a refund of Liquor License #BCO29103 and
#BC0029104.
Suggested Disposition: Receive and File; Approve
18. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class "C" Beer Permit to El
Paisano Grocery Store
RESOLUTION /7 Granting the issuance of a Class "C" Beer /Liquor
License to Mario's Italian Restaurant, Taiko Japanese Restaurant and The Lounge; a
Special Class "C" (BW) Liquor License to Cafe Manna Java West; and a Class "B" Wine
Permit to Dubuque Religious Center
Suggested Disposition: Receive and File; Adopt Resolutions
6
Ayes
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
Nays
ITEM TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Water Revenue Capital Loan Notes
City Manager recommending that a public hearing be set for February 1, 2010 to
consider the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes.
RESOLUTION / &' Fixing date for a meeting on the authorization of a
Forgivable Loan and Disbursement Agreement and the issuance of not to exceed
$1,000,000 Water Revenue Capital Loan Notes of Dubuque, Iowa and providing for
publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/1/10
Ayes
/% , Resnick
Voetberg
Braig
Y
Connors
Jones
Lynch
7
Nays
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.
Long Range Planning Advisory Commission
One 3 -year term through July 1, 2012 (Term of Stein)
fe4V
Applicants:
Ryan Anglese, 2752 Carlton Avenue
Bryan Clark, 455 Moore Heights
Lou Oswald, 1080 Nowata Street
John Pregler, 1525 Pego Court
.lirit411)
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.
1. Request to Rezone — Langworthy Neighborhood District
Proof of publication on notice of public hearing to consider a request from Terry Mozena
/ Langworthy Neighborhood Association to rezone a portion of the Langworthy
Neighborhood District from R -2 Two - Family Residential District to R -1 Single - Family
Residential District and Zoning Advisory Commission recommending approval.
Communication from David Klavitter, 1090 West Third Street, in support of the proposed
rezoning of a portion of the Langworthy Neighborhood District.
ORDINANCE / Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located partially within the Langworthy Historic District from R -2 Two - Family Residential
District to R -1 Single - Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
esnick
oetberg
l Braig
atigr
Jones
onnors
Lynch
Nays
SUSPEND THE RULE
Ayes Nayes
//� Resnick
' oetberg
rai
✓ g
Suet-- / Connors
)Jones
Lynch
9
Final Reading and Adopt
2. Text Amendment — Off- Premise Sign Area
Proof of publication on notice of public hearing to consider a request from the City of
Dubuque to amend Article 15 -12 of the Unified Development Code regarding off -
premise sign areas.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by repealing Section 15 -12 Off - Premise Signs
and adopting a new Section 15 -12 Off - Premise Signs in lieu thereof pertaining to the
regulations of off - premise signs along state and federal highways and near historic
districts
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes'
- Resnick
Voetberg
Braig
0
Connors
Jones
Lynch
Nays
Ays Nayes
/' Resnick
Voetberg
/Bra ig
Ba61
j ; Connors
r Jo
Lync h
10
Final Reading and Adopt
3. Individual Historic Designation — 44 Main Street
Proof of publication on notice of public hearing to consider the Individual Historic
Designation for 44 Main Street and Historic Preservation Commission recommending
approval.
ORDINANCE Amending Title 16, Unified Development Code of the
City of Dubuque Code of Ordinances by adding Article 10- 7(C)(4) Establishing an
individually designated historic property at 2537 Windsor Avenue and by adding Article
10- 7(C)5) Establishing an individually designated historic property at 44 Main Street
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Aye
` ' Resnick
, / ) Voetberg
Braig
:Rapt
V Connors
Jones
Lynch
Nays
Final Reading and Adopt
Ayes Nayes
Resnick
oetberg
Braig
Connors
Jones
Lynch
REINSTATE THE RULES
This action limits discussion to the City Council.
11
Ayes
/O Resnick
Voetberg
Braig
.Rt
)' Connors
` Jones
Lynch
Nays
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. Proudly Accessible Dubuque (PAD)
Communications from Katrina Wilberding advising that the Mississippi Riverwalk and
River's Edge Plaza, the City Trolley — Dubuque, and Ice Harbor Boat Docks have been
named as Proudly Accessible Dubuque businesses.
Suggested Disposition: Receive and File
Ayes
Suggested Disposition: Receive and File; Approve
Resnick
oetberg
raig
Stier
Connors
Jones
Lynch 1 '
2. Federal Emergency Management Agency (FEMA)
City Manager recommending approval of the submittal of revised talking points to
federal legislators related to the Federal Emergency Management Agency new flood
area maps.
Ayes
.1/ Resnick
Voetberg
Braig
Connors
Jones
Lynch f
COUNCIL MEMBER REPORTS
Nays
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.
Jeanne F. Schneider
January 14, 2010
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