9 4 07 City Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, SEPTEMBER 4, 2007
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CLINE, CONNORS, JONES,
LYNCH, MICHALSKI
CITY MANAGER VAN MILLIGEN; CITY ATTORNEY LINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Reverend Dwayne Thoman, Nativity Church
PROCLAMATIONS:
Dubuque Regional Dragon Boat Festival (September 8 and 9, 2007) i(_~~11~/"•-/
National Assisted Living Week (September 9 -15, 2007) -------"
PRESENTATION ~ ~ ~'~ ';~t~X/
Community Partner in Education Award
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CONSENT ITEMS
Ayes Nays
,/~ Lynch
,Michalski
/ !~~Braig
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Cline
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1. Minutes and Reports Submitted
City Council of 8/20 and 8/22
Proof of publication of City Council Proceedings of August 6, 2007 and List of Claims
and Summary of Revenues for month ended July 31, 2007
Library Board of Trustees Update from Meeting of June 27, 2007
Suggested Disposition: Receive and File
2. Notice of Claim /
s Sufis
Ryan and Brenda Duve for property damage; Teri Noel for property damage
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Ryan Duve for
property damage.
City Attorney recommending that the claim of Teri Noel for property damage be referred
to Tricor Insurance and Financial Services, insurer for Fred Jackson Tuckpointing.
Suggested Disposition: Receive and File; Refer to City Attorney
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3. Five Fla s Commission
9
Communications from Mark Nauman and Mike Brannon submitting their resignations
from the Five Flags Civic Center Commission.
Suggested Disposition: Receive and File; Accept Resignations
4. John F. Kennedy Road Sidewalks
Communications from Marion Martin Pliner, 2690 Marywood Drive, and Sheri and Pat
Clancy, 2691 Marywood Drive, in opposition to the installation of sidewalks on John F.
Kennedy Road.
Suggested Disposition: Receive and File
5. Port of Dubuque Recognition Wall
City Manager recommending acceptance of the Port of Dubuque Recognition Wall
Project as completed by Tricon General Construction in the final contract amount of
$148,000.00
RESOLUTION ~~~ Accepting the Port of Dubuque Recognition Wall
Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
3
6. Rail/Passen er Station Anal sis in Port of Dubu ue
9 Y q
City Manager recommending approval to hire Frank Hall, a retired Amtrak employee, as
a consultant to investigate the best potential platform/station site for a passenger rail
station to service Amtrak in Dubuque.
Suggested Disposition: Receive and File; Approve
7. International Union of Operating Engineers, Local #758
City Manager recommending approval of an amendment to the collective bargaining
agreement with the International Union of Operating Engineers, Local #758, to provide
for a work week that consists of ten hours per day and four days per week for full-time
Public Safety Dispatchers.
Suggested Disposition: Receive and File; Approve
8. Workers' Compensation Excess Insurance
City Manager recommending approval of the selection of Safety National as the City's
excess workers' compensation carrier, effective July 1, 2007 through June 30, 2009.
Suggested Disposition: Receive and File; Approve
9. Purchase of Property - 509 Lincoln Avenue
City Manager recommending approval of the purchase of a residential rental dwelling
located at 509 Lincoln Avenue as part of the acquisition program associated with the
Bee Branch Creek Restoration Project.
RESOLUTION ~`~~o Approving the acquisition of real estate located at 509
Lincoln Avenue in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
4
10. Purchase of Pro ert - 2010 Kniest Street
P Y
City Manager recommending approval of the purchase of a residential rental dwelling
located at 2010 Kniest Street as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RESOLUTION L~~ ~ Approving the acquisition of real estate located at 2010
Kniest Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
11. Eagle Point Plant Clear Well Rehabilitation Project
City Manager recommending award of the public improvement contract for the Eagle
Point Plant Clear Well Rehabilitation Project to Tricon General Construction Group in
the amount of $751,180.00.
RESOLUTION `~~~ Awarding public improvement contract for the Eagle
Point Water Plant Clear Well Reservoir Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution
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12. Plastic Center, Inc. / Sam s Club Project
City Manager recommending acceptance of the Quit Claim Deed from Plastic Center,
Inc. for additional public right-of-way along Asbury Road for the east lane widening
project.
RESOLUTION ~~~ Accepting the deed to certain real estate in
Dubuque County, Iowa from Plastic Center, Inc., d/b/a The Fischer Companies
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
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13. Terminal Street Pumping Station Electrical Upgrade -Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) for the Terminal Street Pumping Station Electrical Upgrade project.
Suggested Disposition: Receive and File; Approve
14. 2007 Justice Assistance Grant (JAG)
City Manager recommending approval and acceptance of the 2007 Edward Byrne
Memorial Justice Assistance Grant (JAG) in the amount of $53,747 to provide funds for
overtime for illegal drug investigations and special enforcement teams and authorize the
signing of the award document.
Suggested Disposition: Receive and File; Approve
15. Flora Park Horseshoe Courts
City Manager advises that the Flora Park horseshoe courts have received the
Horseshoe Court Sanction Certificate from the National Horseshoe Pitchers Association
of America which will allow sanctioned leagues and tournaments.
Suggested Disposition: Receive and File; Approve
16. East Central Intergovernmental Association
M Communication from Mark Schneider, requesting City Council approval of the
submission of an application to the Hazard Mitigation Grant Program to the Iowa
Homeland Security and Emergency Management (HSLEM) to secure funding to assist
with the updating of the City's Pre-Disaster Mitigation Plan.
RESOLUTION ~~ ~ Designating ECIA as the Applicant for the Hazard
Mitigation Grant Program
RESOLUTION `l~~ ~ Designating an authorized representative (Mark
Schneider) for the Hazard Mitigation Grant Program
Suggested Disposition: Receive and File; Adopt Resolutions
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Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
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17. Li uor License Transfer
q
Transfer of the liquor license of the Rotary Club of Dubuque from the Grand Opera
House to 1000 Jackson Street on September 15, 22, 29 and October 6, 2007 for Voices
from the Warehouse.
Suggested Disposition: Receive and File; Approve
18. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION ~~~°~ Granting the issuance of three new permits to sell
cigarettes and cigarette papers within the City to Road Ranger #159, #160 and #161
RESOLUTION ~~-%-~ Granting the issuance of three renewal permits to
sell cigarettes and cigarette papers within the City to A & B Tap, Aragon Tap, Cedar
Cross Amoco, and Cue Master Billiards
RESOLUTION ~~~ Granting the issuance of a Class "B" Beer Permit
(Special 5-Day License) to Carlos O'Kelly's; and Class "C" Beer Permit to Kwik Stop
Food, Phillips 66/Arby's, Road Ranger #159, Road Ranger #160, and Road Ranger
#161
RESOLUTION ~~~ Granting the issuance of a Class "C" Beer/Liquor
License to Fat Tuesdays, Lucky13 Tap, Angie's Bar, National Mississippi River
Museum, and Chances R; and a Class "B" (WBN) Native Wine to Diamond Jo
(Portside) and Kwik Stop Food Mart
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
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ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. University of Dubuque Residential Parking Permit District
City Manager recommending that a public hearing be set for September 17, 2007, to
consider a request from the University of Dubuque for proposed changes to parking on
City streets in and around the University of Dubuque campus.
RESOLUTION ~~ ~ Setting a public hearing on amending Residential
Parking Permit District A to exclude McCormick Street, from Grace Street to Bennett
Street, and Bennett Street, from McCormick Street to Algona Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/17/07
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Ay Nays
~~ f ~~ Lynch
r. /, Michalski
Braig
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,~ Cline
Connors
/ Jones
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BOARDS/COMMISSIONS
w 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.
Civic Center Commission
Three 3-year expired terms through June 29, 2010 -Terms of Bakke, Brannon, Nauman
Applicant: Rod Bakke , ,,,,, j,
A ointments to the followin Boards/Commi ~ ~~//~~
pp g ssions. ,/
Civil Service Commission (Mayor's Appointment) ~~~'
One 4-year vacan~,2~rm through April 6, 2008 -Term of Wertzberger ~ ~j
Applicants:
John Steven~Paula ieseman
L nch Michalski Brai Buol Cline Connors Jones
Stevens
Gieseman
Zoning Advisory Commission
One 3-year vacant term through July 1,12009 -Term of Bichell
Applicant:
Charles Miller ~,/`'~~~
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Ayes Nays
Lynch ~'
Michalski
'Braig
Buol
%'~line
Connors
%~ones
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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
Ay Nays
/ ~ ynch
~~. Michalski
~ - Braig
~ Buol
Cline
Connors
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1. Raven Oaks -Request to Vacate
Proof of publication on notice of hearing to consider a request from Kluck Construction
to vacate a portion of Raven Oaks Drive abutting Lot 4 of Raven Oaks No. 2 and City
Manager recommending approval.
• RESOLUTION ~~ ~ Approving plat of proposed vacated portion of Raven
Oaks Drive
RESOLUTION `~~ Vacating and disposing of City interest in Lot 4A of
Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa
RESOLUTION ~~J Disposing of City interest in Lot 4A of Raven Oaks No.
2 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
Ads Nays
,.~ Lynch
Michalski
~~ Braig
Buol
/` ~ line
/ onnors
~~ Jones
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i 2. Vacation and Sale of Undeveloped Alley (REMOVE FROM AGENDA)
Proof of publication on notice of hearing to consider the vacation and sale of an
undeveloped alley near the old Dubuque Meat Packing Plant to SB Development, LLC
and City Manager recommending approval.
Suggested Disposition: Receive and File ~ ~`~
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Ayes Nays
Lynch
,, j Michalski
Braig
Buol
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~, onnors
Jones
3. Town Clock Renovation Project
Proof of publication on notice of hearing to consider approval of the plans and
specifications, form of contract, and estimated cost for the Town Clock Renovation
Project and City Manager recommending approval.
RESOLUTION ~~ ~ Approving of plans and specifications, form of
contract and estimated cost for the Town Clock Renovation Project
Suggested Disposition: Receive and File; Adopt Resolution
A .e Nays
.~ ~) Lynch
Michalski
~ Braig
.~ Buol
Cline
onnors
ones
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REINSTATE THE RULES
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Ayes Nays
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Jones
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. Open Letter to Community
Letter from the Mayor and City Council to the community of Dubuque.
Suggested Disposition: Receive and File
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•
Ayes Nays
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2.
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409 Burch Street
Communication from Joseph J. Bitter requesting that the hearing regarding the property
located at 409 Burch Street be continued for at least two weeks.
City Manager recommending that the Mayor and City Council set a date for a hearing to
determine whether 409 Burch Street is a public nuisance according to Chapters 23 and
26 of the Dubuque Code of Ordinances.
Suggested Disposition: Receive and File; Schedule Hearing
Aces Nays
~ Lynch
Michalski
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// Buol
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onnors
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3. Downtown Rehabilitation Loan and Facade Grant -Interstate Building, LLLP
City Manager recommending approval of a Letter of Commitment for the Downtown
Rehabilitation Loan and Facade Grant for Interstate Building, LLLP to support their
rehabilitation of the former Interstate Power Company Building.
RESOLUTION ~~ ~ Authorizing a Letter of Commitment and additional
actions concerning a Downtown Rehabilitation Loan and Facade Grant for the former
Interstate Power Company building
Suggested Disposition: Receive and File; Adopt Resolution
Aye Nays
:~ Lynch
~ Michalski
Braig
Buol
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onnors
Jones
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4. Downtown Rehabilitation Loan and Facade Grant -Butt's Florist
City Manager recommending approval of a Letter of Commitment for the Downtown
Rehabilitation Loan and Facade Grant for Butt's Florist, Inc. to support their
rehabilitation of property located at 233-241 Main Street.
RESOLUTION Ali Authorizing a Letter of Commitment and additional
actions concerning a Downtown Rehabilitation Loan and Facade Grant for the Butt's
Florist building
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
~/ Lynch
/ Michalski
Braig
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/~~ Cline
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Jones
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5. Memorandum of Understanding -Miller Development Group
City Manager recommending approval of a Memorandum of Understanding between the
City of Dubuque and Miller Development Group to redevelop property located at 40-42
Main Street in downtown Dubuque.
RESOLUTION ~~~ Approving a Memorandum of Understanding with
Miller Development Group for the redevelopment of 40 - 42 Main Street
Suggested Disposition: Receive and File; Adopt Resolution
/dyes Nays
// ynch
~~ Michalski
Braig
Buol '
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5. Offer to Purchase -Dubuque Initiatives
City Manager recommending approval to purchase approximately 1.8 acres in the
Dubuque Industrial Center from Dubuque Initiatives to provide a site for ablest-end Fire
Station.
RESOLUTION ~~° ~ Ap rovin an Offer to Bu real estate for real estate
P 9 Y
located in the Dubuque Industrial Center in the City of Dubuque ~
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Suggested Disposition: Receive and File; Adopt Resolution ~~,r
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es Nays ~~; /%l~ ~~'`-
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6. Loras College -Request to Purchase
Communication, dated August 8, 2007, from James E. Collins, President of Loras
College, requesting to purchase the portion of Cox Street located between Loras
Boulevard and 17th Street.
Communication, dated August 28, 2007, from James E. Collins, President of Loras
College, regarding the purchase of a portion of Cox Street and requesting that the issue
be referred to the City Manager.
Communication from Margaret Breese, 711 West 17th Street, in opposition to the
requested purchase of Cox Street by Loras College. ~ `
Suggested Disposition• Receive and File; Refer to City Manager ~~
~~~/, ~~,~"~ Ayes Nays ,~°~
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7. Green Communities Initiative ~
City Manager providing an update on establishing Dubuque as a Green Community and
requesting City Council direction.
Suggested Disposition: Receive and File; D io
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Iowa League of Cities Conference Budget
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City Manager recommending that the budget for the City to host the Iowa League of
Cities Conference be increased from the existing $10,000 allocation, up to $14,845.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Lynch
Michalski
" Braig
Buol
Cline
.Connors
Jones
COUNCIL MEMBER REPORTS
PUBLIC INPUT
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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.
Motion to adjourn at i ~~%~
Ayes Nays
/// Lynch
Michalski
Braig
Buol
Cline
~~~onnors
Jones
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