12 17 07 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, DECEMBER 17, 2007
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
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PRES,~NT: MA OR OL, COUNCIL MEMBERS ~AIG, CLLINE, COI~NORS, JO.IVES,
LYNCH, MICH~LSK
CITY MANAGER VAN IIILLIGEN; CITY ATTORNEY/LINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Sr. Mary Agnes O'Connor
PRESENTATION TO CITY COUNCIL MEMBERS ANN E. MICHALSKI AND PATRICIA A.
CLINE
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CONSENT ITEMS
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Minutes and Reports Submitted
A~es Nays
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Airport Commission of 10/22; Cable Community Teleprogramming Commission of 9/4,
10/9, and 11/6; Cable TV Regulatory Commission of 9/12; City Council of 12/3;
Electrical Code Board of 11/26; Historic Preservation Commission of 11/29; Human
Rights Commission of 11/5; Zoning Advisory Commission of 12/5
Library Board of Trustees Update from Meeting of November 15, 2007
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Proofs of publication of City Council Proceedings of November 19 and 26, 2007 and List
of Claims and Summary of Revenues for Month Ending October 31, 2007
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Allied Insurance for personal injury claim of Ryan Glaser; David J. Waddick vs. City of
Dubuque; John Tschiggfrie for property damage; Jim C. Jones for property damage;
Larry and Brenda Huseman 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: Hope
McDermott for personal injury; Allied Insurance for personal injury; Jim Jones for vehicle
damage
City Attorney recommending settlement of the claims of Greg Droessler for vehicle
damage and John Tschiggfrie for property damage
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Suggested Disposition: Receive and File; Concur
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3. Transit Board of Trustees
Peter V. Kies submitting his resignation from the Transit Board of Trustees, effective
immediately.
Suggested Disposition: Receive and File; Accept Resignation
4. Stonebrook Subdivision
Communication from Mike Portzen, Portzen Construction, Inc., requesting final
acceptance of Stonebrook Subdivision.
Suggested Disposition: Receive and File; Refer to City Manager
5. Human Rights Annual Report
Submittal of the Human Rights Commission's Annual Report for Fiscal Year 2007.
Suggested Disposition: Receive and File
6. Cottingham and Butler -Irrevocable License
Suggested Disposition: Receive and File; Approve
City Manager recommending approval of the Irrevocable License for Cottingham and
Butler to encroach on the public right-of-way of 8th Street and the alley adjacent to 800
Main to accommodate a loading dock, transformer enclosure, well head, and building
bump out.
Ayes Nays
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Downtown Design Guidelines
City Manager recommending approval of a Certified Local Government (CLG) grant
agreement for the Downtown Design Guidelines project.
RESOLUTION ~ ~~ " Approving CLG Grant Agreement with the State
Historical Society of Iowa for Downtown Dubuque Design Guidelines
Suggested Disposition: Receive and File; Adopt Resolution
Preserve America Grant
Communication from the Historic Preservation Commission to the National Park Service
in support of the Preserve America Grant application "Hollywood in the Heartland"
submitted by the Iowa State Historic Preservation Office.
Suggested Disposition: Receive and File
Purchase of Property - 2249 Elm Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2249 Elm Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION ~-=~ ~ Approving the acquisition of real estate located at
2249 Elm Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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Purchase of Property - 2300 / 2302 Washington Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2300 - 2302 Washington Street as part of the acquisition program associated with
the Bee Branch Creek Restoration Project.
RESOLUTION ,..~ ~ ~ Approving the acquisition of real estate located at
2300 - 2302 Washington Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Stipulation of Settlement
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of A.
John and Cathy A. Pesetski for property located at 2991 Deerwood Circle.
Suggested Disposition: Receive and File
Highway 20 Phase II Landscaping Project
City Manager recommending acceptance of the Highway 20 Phase II Landscaping
Project as completed by Smith Seeding, Inc. in the final contract amount of $231,417.
RESOLUTION '~ ~ ~ Accepting improvement
RESOLUTION ~ f0 Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
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15.
PEG Capital Grant Expenditures
City Manager recommending approval of a request for funding from the Capital Grant
for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
Delinquent Refuse, Sewer and stormwater Management Accounts
City Manager recommending approval of the submission of the delinquent refuse, sewer
and stormwater management collection accounts to the Dubuque County Treasurer in
order to establish real property liens for collection of such past due accounts.
RESOLUTION ~ ~'~ Adopting the Schedule of Assessments for
delinquent refuse, sewer and stormwater collection accounts and 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
Suggested Disposition: Receive and File; Adopt Resolution
2007 Weed Assessments
City Manager recommending approval of the submission of the 2007 Weed
Assessments to the Dubuque County Treasurer in order to establish real property liens
for collection of the past due accounts.
RESOLUTION J`-~~ Adopting the Schedule of Assessments for the 2007
Weed Enforcement Program and 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
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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16. Five Fla s HVAC and Promenade Roof Re lacem n
g p e t Project
City Manager recommending award of the contract to Giese Sheet Metal Company, Inc.
in the amount of $700,580 for the Five Flags HVAC and Promenade Roof Replacement
Project.
RESOLUTION ~'~ l-% Awarding public improvement contract to Giese
Sheet Metal Company, Inc. for the Five Flags HVAC and Promenade Roof
Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
17. Dubuque Girls' Independent Softball League's Field Lighting Project
City Manager recommending approval of the City being the purchasing agent for the
Dubuque Girls' Independent Softball League's field lighting project.
Suggested Disposition: Receive and File; Approve
18. 2007 Annual Tax Increment Financing Report
City Manager transmitting the 2007 Annual Tax Increment Financing Report.
Suggested Disposition: Receive and File
19. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION .~~~ 7' Granting the issuance of a Class "B" (Hotel/Motel)
Liquor License to Holiday Inn Dubuque Five Flags; a Class "C" Beer/Liquor License to
The Moracco, Mario's Italian Restaurant, Bowling and Beyond, and Cue Masters
Billiards; and Class "WBN" (Native Wine) License to Dubuque Humane Society and Hy- )
Vee Gas #2 , e/
Suggested Disposition: Receive and File; Adopt Resolutions ~ „a~~~
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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. Eminent Domain Proceedings
City Manager recommending that a public hearing be set for January 22, 2008 to
consider approval of eminent domain proceedings to acquire property for the Dubuque
Regional Airport Terminal Relocation Project.
RESOLUTION Sly Setting a public hearing on the intent to acquire or
condemn if necessary property for the Dubuque Regional Airport Terminal Relocation
Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1 /22/08
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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.
Housing Code Appeals Boarc) (one expired three-year term through January 11, 2009)
,Applicant: Ryan Killburg.~` ~/
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Human Rights Commission (Three 3-year terms expiring January 1, 2008 -Terms of
Rubinstien, Foster and Ross)
Applicants: Colin Scott, Dan Chatfield, Marcos Rubinstien
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Transit Board of Trustees (One vacant 3-year term through July 30, 2009 -Term of Kies)
Applicants: Don Stedman, Harry Bemis
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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
A es Nays
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1. John F. Kennedy Sidewalk Installation Project
Proof of publication on notice of public hearing to consider approval of the plans and
specifications, form of contract, estimated cost and preliminary schedule of
assessments for the John F. Kennedy Sidewalk Installation Project and City Manager
recommending approval.
Petition from residents on John F. Kennedy Road from Asbury Road to Iowa Hwy 32
(Northwest Arterial) in opposition to the proposed sidewalk installation project.
Communication from Robert F. Lynn, 2381 Gordon Drive, in opposition to the proposed
installation of sidewalks on John F. Kennedy Road.
City Manager advising that the neighborhood meeting regarding the JFK Sidewalk
Installation Project, scheduled for Tuesday, December 11th was cancelled due to
weather; however, these ave been phone conversations with Gordon Drive residents.
RESOLUTION Approving plans, specifications, form of contract, and
estimated cost for the John F. Kennedy Sidewalk Installation Project, Asbury Road to
Hwy 32 (Northwest Arteri I)
RESOLUTION of Necessity for the John F. Kennedy Sidewalk
Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial)
RESOLUTION Approving preliminary schedule of assessments for
the John F. Kennedy Sidewalk Installation Project, Asbury Road to Iowa Hwy 32
(Northwest Arterial)
Suggested Disposition: Receive and File; Adopt Resolutions
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2. Medical Associates Clinic /Robert Hartig -Planned Unit Development District
(PUD) Amendment
Communication from Bob Hartig, Medical Associates, requesting that this item be tabled
to February 4, 2008.
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 of 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; Table; Concur with Denial; or Motion B;
Motion A (Super Majority Vote)
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3. Voluntary Annexation Request
Proof of publication on notice of public hearing to consider approval of the voluntary
annexation request of Kress Industrial Facility and City Manager recommending
approval.
RESOLUTION Rescinding Resolution No. 557-07 and approving an
application for volun ry annexation of territory owned by Kress Industrial Facility
Suggested Disposition: Receive and File; Adopt Resolution
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4. Traut Terrace Vacate Petition
Proof of publication on notice of public hearing to consider a request from Greg
Laufenberg for vacating and sale of a portion of Traut Terrace south of Diagonal Street
and City Manager recommending approval.
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Communication from Greg and Linda Laufenberg regarding the purchase of a portion of
City-owned right-of-way and equesting reimbursement for additional expenses.
RESOLUTION Approving plat of proposed vacated portion of Traut
Terrace south of Diagonal Street
RESOLUTION Vacating a portion of Traut Terrace south of
Diagonal Street
RESOLUTION Disposing of City interest in Lot 8A of Dunn's
Subdivision in the City of buque, Dubuque County, Iowa i
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Suggested Disposition: Receive and File; Adopt Resolutions ~~,1 (G
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5. Greater Downtown Urban Renewal District
Proof of publication on notice of pubic hearing to consider an amendment to the Greater
Downtown Urban Renewal District to expand the district to include the Warehouse
District and portions of property along South Main Street and City Manager
recommending approval.
Communication from the Long Range Planning Advisory Commission recommending
approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District.
RESOLUTION ~ ~~ Approving the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
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6. Bee Branch Floodwall Pum in Station Auxilia Power Pro'
p g ry sect
Proof of publication on notice of public hearing to consider approval of the plans and
specifications, form of contract and estimated cost for the Bee Branch Floodwall
Pumping Station Auxiliary Power Project and City Manager recommending approval.
RESOLUTION J ~ ~ Approving plans, specifications, form of contract, and
estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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REINSTATE THE RULES
This action limits discussion to the City Council.
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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. Dog Park
Communication from Roger Ruden, 1020 Aspen Court, requesting to address the City
Council regarding the dog park located on North Grandview Avenue.
City Manager providing an update on attempts to locate another dog park in the City of
Dubuque.
Suggested Disposition: Receive and File; Council
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2. Tobacco Compliance -Civil Penalty for Tobacco Permit Holders
City Manager recommending acceptance and approval of Acknowledgement/Settlement
Agreements for a first violation for Casey's General Store, 4003 Peru Road; Kwik Stop,
2390 Central Avenue; and Key West Conoco, 2150 Twin Valley Drive and to
acknowledge the exercise of the affirmative defense for Hartig Drug Company
concerning their third violation occurring September 20, 2007 and it is further
recommended that a hearing be set for AWN Stop Mart, 1401 Central Avenue regarding
their tobacco violation.
Suggested Disposition: Receive and File; Approve; Set Hearing
Ayes Nays
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3. Streets in Southgate Planned Unit Development
City Manager recommending that the City not accept either Gateway Drive or Stonehill
Drive as public streets as requested by Dan Mueller, developer of Southgate
Subdivision. r`1
Suggested Disposition: Receive and File; Approve ` A
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City Manager recommending approval of funds to begin a comprehensive planning
process for the Washington Neighborhood.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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5. Lead Hazard Reduction Grant
City Manager recommending approval of a contract with the U.S. Department of
Housing and Urban Development (HUD) for administration of the Lead Hazard
Reduction Grant in the amount of $2,982,769.
Suggested Disposition: Receive and File; Approve
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6. Metropolitan Coalition Agreement
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City Manager recommending that the City participate in the Iowa Metropolitan Coalition
~d approval of the Fiscal Year 2008 contribution of $8,233.93. ,,
~u ested Dis osition: Receive and File; A ~~`~
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City Initiatives in Response to Downtown Neighborhood Issues
City Manager recommending approval of a proposed response to issues in the
downtown neighborhoods, concentrating on the Washington Street Neighborhood,
including the addition of four sworn Police positions (three Police Officers and one
Police Corporal acting as a Section 8 Investigator) in the current fiscal year and one
additional Rental Housing Inspector position.
Suggested Disposition: Receive and File; Approve
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8. Delta Queen: Exemption from Safety of Life at Sea Regulations
City Manager recommending approval of a resolution in support of continuing to exempt
the historic Delta Queen steamboat from the Federal Safety of Life at Sea regulations
as requested by David Tschiggfrie.
RESOLUTION ~d'y of the City Council of Dubuque, Iowa urging Congress
to provide for the permanent exemption of the steamer Delta Queen from the provisions
of the Safety of Life at Sea Act of 1966
Suggested Disposition: Receive and File; Adopt Resolution
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9. Every Child/Every Promise Initiative
Communication from Lori Thielen and Eric Dregne, Co-Chairs Mississippi Valley
Promise requesting support for the Every Child/Every Promise Initiative
City Manager recommending approval of funding to support the Every Child/Every
Promise Initiative /Mississippi Valley Promise organizational efforts.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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10. Tax Increment Financing (TIF) Ordinance for Downtown Urban Renewal District
City Manager recommending adoption of an ordinance amending the Tax Increment
Financing District for the Greater Downtown Urban Renewal District.
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ORDINANCE ~ ~ Amending Ordinance Nos. 20-07, 35-04, 30-82, 66-
89, as previously amended, providing that general property taxes levied and collected
each year on all property located within the Greater Downtown Urban Renewal District
of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the
State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District, and other taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued or to
be issued, incurred by said City in connection with the Urban Renewal Plan for the
Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
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11.
Census Tract 1
City Manager recommending approval of a resolution that finds Census Tract 1 in the
City of Dubuque meets the definition of a blighted area according to Section 403.17 of
the Code of Iowa.
and that development of said area is necessary m the interest of the residents of the
City of Dubuque, Iowa. ~,(,~
Suggested Disposition: Receive and File; Adopt Resolution ~,C~
RESOLUTION ~o~ Finding that the area within Census Tract 1 of the
City of Dubuque meets the definition of a blighted area under the Urban Renewal Law
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12. Electrical Ordinance
City Manager recommending approval of one editorial change in the City's electrical
ordinance to temporarily extend the expiration date of electrical licenses to June 30,
2008.
ORDINANCE ~ 7 Amending City of Dubuque Code of Ordinances
Chapter 18 Electricity, Section 81-2 National Electrical Code-Amendments, by
amending Section 83-9
Suggested Disposition: Receive and File; Motion B; Motion A
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13. 2008 Federal Legislative Priorities
City Manager recommending approval of the City of Dubuque Priorities and Requests
for Federal Appropriations.
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Suggested Disposition: Receive and File; Approve ~ /
/ ~!!~~
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14. Fiscal Year 2009 Policy Guidelines
City Manager submitting the Fiscal Year 2009 Policy Guidelines for City Council review
and approval.
Suggested Disposition: Receive and File; Approve
Ads Nays l
uol ~j ~
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%~ Lynch
ichalski
Braig
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.
28
•
CLOSED SESSION
Pending Litigation -Chapter 21.5(1)(c) 2007 Code of Iowa
Motion to go into Closed Session at
~/. /~
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_ Nays
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Motion to adjourn at
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