3 3 08 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF 3/3/08
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MARCH 3, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
Sheila Rudin, Temple Beth El
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 11/13 and 1/8; City Council of 2/13,
2/18 and 2/23; Historic Preservation Commission of 2/21; Long Range Planning
Advisory Commission of 2/20; Park and Recreation Commission of 2/12; Zoning
Advisory Commission of 2/20
Proof of publication of City Council Proceedings of February 4 and 11, 2008 and List of
Claims and Summary of Revenues for Month Ending January 31, 2008
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
David J. Schroeder for vehicle damage; Clayton E. Weese for vehicle damage; John L.
and Shirley White for vehicle damage; Daniel E. Vasey for vehicle damage; Cassandra
Lihman for vehicle damage; Julie McDermott for vehicle damage; Michael F. Kronfeldt
for vehicle damage; Jenna Hunter for vehicle damage; John and Lisa Miles for property
damage; Jacob Kenniker for vehicle damage; Walter Barger, Jr. for vehicle damage;
Theresa Deutsch for vehicle damage; Beverly M. Luster for personal injury
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: John and
Shirley White for vehicle damage; Clayton Weese for property damage; Daniel E.
Vasey; Julie McDermott for vehicle damage; Cassandra Lehman for vehicle damage;
Jenna Hunter for vehicle damage; and Michael Kronfeldt for vehicle damage
City Attorney recommending settlement of the claim of Ben Otten for vehicle damage
and Jill Jellison for vehicle damage.
City Attorney recommending denial of the claim of Kyle Coohey for vehicle damage.
Suggested Disposition: Receive and File; Concur
3. High Quality Jobs Program Application (HQJP)
City Manager recommending approval of the submission of a High Quality Jobs
Program (HQJP) application to the Iowa Department of Economic Development on
behalf of Hormel Foods Corporation.
RESOLUTION
Authorizing the filing of a High Quality Jobs Program (HQJP) application
on behalf of Hormel Foods Corporation
Suggested Disposition: Receive and File; Adopt Resolution
4. Property Acquisition – Dubuque Industrial Center West
City Manager recommending approval of the acquisition of three residential properties
located on Pennsylvania Road that will be needed for the Pennsylvania Avenue
improvement project.
Suggested Disposition: Receive and File; Adopt Resolution
5. Request for Proposals – Web Page Design
City Manager recommending approval of the issuance of a Request for Proposals for
redesign of the City web page.
Suggested Disposition: Receive and File; Approve
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6. Dubuque Industrial Center Economic Development District
Long Range Planning Advisory Commission recommending approval of the Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District.
Suggested Disposition: Receive and File
7. Fiscal Year 2009 – 2013 Capital Improvement Program
Communication from the Long Range Planning Advisory Commission advising that the
City Manager’s recommended Fiscal Year 2009 – 2013 Capital Improvement Program
is consistent with the Comprehensive Plan.
Suggested Disposition: Receive and File
8. Dubuque Rescue Mission
City Manager recommending approval of the subcontracting of services for the
Dubuque Rescue Mission’s job readiness program.
RESOLUTION
Authorizing Dubuque Rescue Mission to subcontract with Common
Good Services for the “Breaking Employment Barriers and Getting Ahead in a Just
Getting By Work” program as per their Community Development Block Grant (CDBG)
Agreement
Suggested Disposition: Receive and File; Adopt Resolution
9. Library Board of Trustees
Communication from Diann Guns, Vice-President of the Library Board of Trustees,
thanking the City Council for their continued support of the Carnegie Stout Public
Library Renovation Project.
Suggested Disposition: Receive and File
10. Windsor Avenue Storm Sewer Construction Project
City Manager recommending award of the contract for the Windsor Avenue Storm
Sewer Construction Project to Connolly Construction, Inc., in the contract amount of
$159,605.65.
RESOLUTION
Awarding public improvement contract for the Windsor Avenue Storm
Sewer Construction Project
Suggested Disposition: Receive and File; Adopt Resolution
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11. Four Mounds Public Improvement Project
Historic Preservation Commission recommending approval of the allocation of $100,000
in Historic District Public Improvement Program (HDPIP) funding for Four Mounds
Public Improvement Project.
Suggested Disposition: Receive and File; Approve
12. Human Rights Commission
Mary Coan submitting her resignation from the Human Rights Commission.
Suggested Disposition: Receive and File; Accept Resignation
13. 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 Hartig Drug #8 and
Tobacco World
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to P.J.’s Tap
and Dubuque Greyhound Park/Casino; Special Class “C” Liquor License (Six Months)
to Mindframe Theaters; Class “B” Wine Permit to Hartig Drug #8; and Class “WBN”
Native Wine Permit to Bluff Street Brew Haus and National Mississippi River Museum
Suggested Disposition: Receive and File; Adopt Resolutions
ITEM TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Dubuque Industrial Center Urban Renewal Plan
City Manager recommending that a public hearing be set for April 7, 2008 to consider
amending the Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District to expand the district to include the Rail Site.
RESOLUTION
of Necessity finding that certain areas adjacent to the Dubuque
Industrial Center Economic Development District meet the definition of an economic
development area under the Urban Renewal Law and that development of said areas is
necessary in the interest of the residents of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/7/08
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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 Board (Two 3-year expired terms through January 11, 2011 –
Terms of Moore and Young)
Applicant:
David Young
Appointments to the following Boards/Commissions:
Community Development Advisory Commission (Three 3-year terms through February
15, 2011 – Two Low/Moderate Income Area; One At-Large [Terms of Oliver, Shaw,
Craddieth)
Applicants:
Ann Michalski (At-Large), David Shaw (Low/Moderate), Janice Craddieth
(Low/Moderate)
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
1. Cleveland Avenue Reconstruction Project
City Manager recommending re-initiation of the public bidding process for the Cleveland
Avenue Reconstruction Project due to an error in the published “Notice to Property
Owners” and that a public hearing be set for March 17, 2008 to consider the
construction plans and specifications for the Cleveland Avenue Reconstruction Project,
using the City standard width for collector streets of 37 feet, the Resolution of Necessity
and the Preliminary Schedule of Assessments.
RESOLUTION
Rescinding Resolution No. 63-08, Resolution No. 64-08, and Resolution
No. 65-08
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering bids for the Cleveland Avenue Reconstruction Project
RESOLUTION
Approving the plat, preliminary schedule of assessments and estimate of
total cost and setting date of public hearing on Resolution of Necessity
RESOLUTION
of Necessity for the Cleveland Avenue Reconstruction Project – Bryant
Street to Villa Street
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3/17/08
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2. ITC Development Agreement
Proof of publication on notice of public hearing to consider the disposition of
approximately 12.951 acres in Dubuque Industrial Center West to ITC Holdings
Corporation and a Development Agreement and City Manager recommending approval.
Approving a Development Agreement providing for the sale of
RESOLUTION
12.951 acres in the Dubuque Industrial Center West to ITC Holdings Corporation
Suggested Disposition: Receive and File; Adopt Resolution
3. Request to Rezone – Creek Wood Drive (Lot 3 Timber-Hyrst Estates—Phase II)
Proof of publication on notice of public hearing to consider a request from Martin
McNamer/NCR Developers LLC to rezone property located on Creek Wood Drive (Lot 3
Timber-Hyrst Estates—Phase II) from R-3 Moderate Density Multi-Family Residential to
C-2 Neighborhood Shopping Center District and Zoning Advisory Commission
recommending approval.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located on Creek
Wood Drive (Lot 3 Timber-Hyrst Estates—Phase II) from R-3 Moderate Density Multi-
Family Residential to C-2 Neighborhood Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A
4. Request to Rezone – 701 / 707 Davis Street
Proof of publication on notice of public hearing to consider a request from Mabreg/Karin
Egan to rezone property located at 701/707 Davis Street from R-1 Single-Family
Residential District to R-2 Two-Family Residential District and Zoning Advisory
Commission recommending approval.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 701/707
Davis Street from R-1 Single-Family Residential District to R-2 Two-Family Residential
District.
Suggested Disposition: Receive and File; Motion B; Motion A
5. Dubuque Technology Park / City of Dubuque Planned Unit Development District
(PUD) Amendment
Proof of publication on notice of public hearing to consider a request from the City of
Dubuque to amend the Planned Unit Development District (PUD) for the Dubuque
Technology Park and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Ordinance 27-97 of the City of Dubuque Code of Ordinances
which reclassified hereinafter described property located at the southeast corner of
Highway 61/151 and Lake Eleanor Road from AG Agricultural District to PUD Planned
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Unit Development District with a PI Planned Industrial District Designation and adopted
a Conceptual Development Plan, with conditions, for the Dubuque Industrial
Center/South; including changing the name of the PUD District to Dubuque Technology
Park
Suggested Disposition: Receive and File; Motion B; Motion A
6. Iowa Wireless Services, LLC
Proof of publication on notice of public hearing to consider a proposed lease of space to
Iowa Wireless Services, LLC for a telecommunication antenna facility in Madison Park
and City Manager recommending approval.
Communication from the Historic Preservation Commission regarding the proposed flag
pole and equipment compound which will serve as a wireless communication facility in
Madison Park.
RESOLUTION
Disposing of an interest in real property owned by the City of Dubuque
by lease agreement between the City of Dubuque, Iowa and Iowa Wireless Services,
LLC for the installation and operation of a wireless telecommunication antenna facility
Suggested Disposition: Receive and File; Adopt Resolution
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7. West 32 Street Detention Basin Project
Proof of publication on notice of public hearing to consider the plans and specifications,
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form of contract and estimated cost for the West 32 Street Detention Basin Project
and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
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the West 32 Street Detention Basin Project
Suggested Disposition: Receive and File; Adopt Resolution
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. Medical Associates Clinic / Robert Hartig – Planned Unit Development District
(PUD) Amendment (Second Reading on February 18, 2008)
City Manager submitting a revised ordinance for the Medical Associates Planned Unit
Development (PUD) reflecting conditions proposed to mitigate impacts associated with
the construction of a new building.
Communications from Norma M. Kerper, 240 Devon Drive; Ellen Baumhover, 2084
Rosemont; Dianne Glanz; Eric Kaufmann, owner of 3814 Cora Drive (February 10 and
26 letters); Darlene Kaufmann, 1430 Reeder Street; Mary Pat Kerper, 3830 Cora Drive;
Steve Geisz, Concerned Citizen; Sue Moran, 880 South Grandview; Norma Kerper, 240
Devon Drive (February 26 letter); Regina Pint, Cora Drive resident; Scott and Deirdre
Dalsing, 3824 Andrea Street; Jean Kohn; Tim and Georgia Schmit, 1575 Donovan;
Lavonne Kennedy, 3860 Cora Drive; Emily Bush and Marcus Albers, 3828 Cora Drive;
in opposition to the proposed amendment.
City Manager submitting a copy of the PowerPoint presentation for the proposed
amendment to the Medical Associates PUD presented at the February 4, 2008 City
Council meeting.
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 amending
Ordinances 24-94, 32-96 and 35-99, and their respective conceptual development plans
Suggested Disposition: Receive and File; Concur with Denial; or Final Reading
and Adoption
2. North Grandview Avenue Pet Park
Communication from the Park and Recreation Commission recommending that the
North Grandview Avenue Pet Park be closed after an alternative site has been found.
Suggested Disposition: Receive and File; Council
3. KeyLine Free Rides Program
City Manager recommending approval to renew the Free Ride Program with the
Dubuque Community School District for another year (August 1, 2008 through July 31,
2009).
Suggested Disposition: Receive and File; Approve
COUNCIL MEMBER REPORTS
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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)(j) 2007 Code of Iowa
Jeanne F. Schneider
February 28, 2008
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