3 17 08 City Council Agenda - No Icons
ROLL CALL ORDER FOR
MEETING OF 3/17/08
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MARCH 17, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor John Hulsizer, Church of the Nazarene
PROCLAMATIONS
Boys and Girls Club Week (March 30 – April 5, 2008)
Dubuque County Conservation Society Week (April 1 – 5, 2008)
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
Airport Commission of 1/28; City Council of 3/3, 3/4, and 3/5; Civil Service Commission
of 1/22 and 2/21; City Conference Board of 2/11; Plumbing Board of 2/28; Transit
Trustee Board of 2/14; Zoning Advisory Commission of 3/5; Zoning Board of Adjustment
of 2/28
Proofs of publication of City Council Proceedings of February 12, 18 and 23, 2008
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Dawn Rannals for vehicle damage; Tim Bushman for vehicle damage; Michael
Fassbinder for vehicle damage; David Link for personal injury/vehicle damage; Regina
Pint for vehicle damage; Carissa Young for vehicle damage; Eric Steffenson for vehicle
damage; Gary Lungwitz for vehicle damage; David Elgin for vehicle damage; William
Blum for vehicle damage; Jacob and Jennifer Hoyer for property damage; John Kass for
vehicle damage; Roger Bahl for vehicle damage; Andrew Stoecken for vehicle damage;
Michael K. Clancy vs City of Dubuque
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: Beverly M.
Luster for personal injury; Mike Fassbinder for vehicle damage; David J. Link for
personal injury/vehicle damage
City Attorney recommending settlement of the claims of David J. Schroeder for vehicle
damage; Theresa Deutsch for vehicle damage
City Attorney recommending denial of the claims of John D. Miles for vehicle damage;
Jacob Kenniker for vehicle damage
Suggested Disposition: Receive and File; Concur
3. Statement of Support for the Guard and Reserve
Statement of support of the City of Dubuque recognizing that the National Guard and
Reserve are essential to the strength of our nation and the well-being of our
communities.
Suggested Disposition: Receive and File
4. Land and Water Conservation Fund (LWCF) Grant Application
City Manager recommending approval of an application for a Land and Water
Conservation Fund Grant for the E.B. Lyons Center Expansion project.
RESOLUTION
Approving an LWCF Grant Application to the Iowa Department of
Natural Resources for the E.B. Lyons Interpretive Center Expansion
Suggested Disposition: Receive and File; Adopt Resolution
5. Downtown Dubuque Design Guidelines
City Manager recommending approval of the issuance of a Request for Proposals for
the Downtown Dubuque Design Guidelines Manual.
Suggested Disposition: Receive and File; Approve
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6. Final Plat – Timber-Hyrst Estates #2
Zoning Advisory Commission recommending approval of the final plat of Timber-Hyrst
Estates #2 located on Creek Wood Drive as requested by North Cascade Developers
LLC / Marty McNamer.
RESOLUTION
Approving the final plat of Timber Hyrst Estates #2
Suggested Disposition: Receive and File; Adopt Resolution
7. Dubuque Golf and Country Club
Communication from the Dubuque Golf and Country Club requesting permission to
display fireworks on Friday, July 4, 2008 on their grounds, with a rain date of Saturday,
July 5, 2008.
Suggested Disposition: Receive and File; Approve
8. 2007 Cured-In-Place Pipe (CIPP) Lining Project
City Manager recommending acceptance of the 2007 CIPP Lining Project as completed
by Visu-Sewer Clean & Seal in the final contract amount of $199,588.36.
RESOLUTION
Accepting the 2007 CIPP Lining Project and authorizing payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
9. Revitalize Iowa’s Sound Economy (RISE) Application
City Manager recommending approval of a grant application to the Iowa Department of
Transportation (IDOT) Revitalize Iowa’s Sound Economy (RISE) program to help
finance a street that will serve the Hormel project in Dubuque Industrial Center West.
RESOLUTION
Endorsing the submission of a Revitalize Iowa’s Sound Economy (RISE)
application to the Iowa Department of Transportation for the construction of a cul de sac
rd
south from Chavenelle Road to access lots in the Dubuque Industrial Center West 3
Addition
Suggested Disposition: Receive and File; Adopt Resolution
10. Legislative Correspondence
Communication to local legislators requesting that they oppose House File 658
regarding changes to the Civil Service law.
Communication to Iowa Senator Roger Stewart and local legislators regarding the
importance of Tax Increment Financing.
Suggested Disposition: Receive and File
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11. Wireless Network Equipment License Agreement – Dubuque Community Schools
City Manager recommending approval of a Wireless Network Equipment License
Agreement between the City of Dubuque and Dubuque Community Schools.
Suggested Disposition: Receive and File; Approve
12. Wireless Network Equipment License Agreement – Holy Family Catholic Schools
City Manager recommending approval of a Wireless Network Equipment License
Agreement between the City of Dubuque and Holy Family Catholic Schools.
Suggested Disposition: Receive and File; Approve
13. PEG Capital Grant Expenditure Request
City Manager recommending approval of a request from Mediacom for funding from the
Capital Grant for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
14. Mulgrew Oil Company
Communication from Jim Mulgrew, Mulgrew Oil Company, requesting that the City
eliminate the four percent bidding clause for Mulgrew Oil Company.
Suggested Disposition: Receive and File; Refer to City Manager
15. Stipulation of Settlement
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of
David F. Krieg, 195 Fremont Avenue.
Suggested Disposition: Receive and File
16. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Salsa’s
Mexican Restaurant, Marco’s Italian American Food, Yardarm Restaurant, Neighbor’s
Tap, Bunker Hill Golf Course, Ground Round, Eagles Club and Bulldog Billiards; and a
Class “WBN” Native Wine Permit to Cedar Cross Bp
Suggested Disposition: Receive and File; Adopt Resolution
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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. Sewer Revenue Capital Loan Notes
City Manager recommending that a public hearing be set for April 7, 2008 to consider
the issuance of not to exceed $2,458,000 Sewer Revenue Capital Loan Notes (State of
nd
Iowa Revolving Fund Loan) for the West 32 Street Detention Basin project.
RESOLUTION
Fixing date for a meeting on the authorization of a loan and
disbursement agreement and the issuance of not to exceed $2,458,000 Sewer Revenue
Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/7/08
2. Town Clock Renovation Project
City Manager recommending initiation of the public bidding process for the Town Clock
Renovation Project and that a public hearing be set for April 7, 2008 to consider
approval of the plans and specifications, form of contract and estimated cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost
RESOLUTION
Setting date of public hearing on plans, specifications, form of contract,
and estimated cost
RESOLUTION
Ordering bids for the Town Clock Renovation Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/7/08
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.
Historic Preservation Commission (One 3-year vacant term through July 1, 2008 – Old
Main District
Interim Commissioner)
Applicants:
D. Joseph Rapp, David Stuart
Appointments to the following Boards/Commissions:
Housing Code Appeals Board (Two 3-year expired terms through January 11, 2011 –
Terms of Moore and Young)
Applicant:
David Young
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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
1. Cleveland Avenue Reconstruction Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost 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 and City Manager recommending
approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street Project
RESOLUTION
With respect to the adoption of the Resolution of Necessity proposed for
the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street Project
RESOLUTION
Approving schedule of assessments and estimate of total cost for the
Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street Project
Suggested Disposition: Receive and File; Adopt Resolution
2. Request to Rezone – Intersection of University Avenue and Asbury Road
Proof of publication on notice of hearing to consider a request from Rainbo Oil
Company to rezone property north of the intersection of University Avenue and Asbury
Road from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center
District, with conditions, 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 north of the
intersection of University Avenue and Asbury Road from R-1 Single-Family Residential
District to C-2 Neighborhood Shopping Center District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
3. Request to Rezone – 216 Clarke Drive
Proof of publication on notice to hearing to consider a request from Charles Walter, Jr.
and Barbara Zoellner to rezone property located at 216 Clarke Drive from R-2 Two-
Family Residential District to R-3 Moderate Density Multi-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 216
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Clarke Drive from R-2 Two-Family Residential District to R-3 Moderate Density Multi-
Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
4. Text Amendment – Adult Entertainment Establishments
Proof of publication on notice of hearing to consider a request from the City of Dubuque
to increase the separation requirement for adult entertainment establishments.
Planning Services Manager providing follow-up information on the City of Dubuque’s
proposed Zoning Ordinance text amendment.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by amending Section 4-8.1 General Statement of Intent to
Reference the Secondary Negative Impacts Generated by a Concentration of Adult
Entertainment Establishments, and by Amending Section 4-8.3(2) Governing the
Location and Spatial Separation of Adult Entertainment Establishments to Provide for a
2,500 Foot Separation between Adult Entertainment Uses
Suggested Disposition: Receive and File; Motion B; Motion A
5. Dubuque Industrial Center West Urban Renewal Plan
Proof of publication on notice of hearing to consider the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic Development District to
expand the district to include the North Siegert Farm and the rail site and City Manager
recommending approval.
RESOLUTION
Approving the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
This action limits discussion to the City Council.
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. 409 Burch Street – Eminent Domain Proceedings
City Attorney recommending that the resolution authorizing the commencement of
eminent domain proceedings to acquire the property at 409 Burch Street be placed on
the agenda for the April 7, 2008 City Council meeting and that the enclosed Notice of
Intent to Approve Acquisition of Property by Eminent Domain be sent to the property
owner.
Suggested Disposition: Receive and File; Approve
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2. Licensing of Adult Entertainment
City Manager recommending approval of an ordinance regulating and licensing adult
entertainment establishments, and their performers and employees.
ORDINANCE
Amending Chapter 31, Licenses and Miscellaneous Business
Regulations, of the City of Dubuque Code of Ordinances by adding a new Article X,
containing Sections 31.140 through 31.158, Regulating and Requiring Licensure of
Adult Entertainment Establishments and Prohibiting Certain Activity
Suggested Disposition: Receive and File; Motion B; Motion A
3. Bee Branch Property Acquisition – Purchase of Rental Property
City Manager recommending approval of a change to the City’s property acquisition
policy related to implementation of the Drainage Basin Master Plan for rental properties
to offer a maximum 120-day payment to landlords for vacant units awaiting closing on
the sale of the property.
Suggested Disposition: Receive and File; Approve
4. Parking Rate Revision and Snow Removal Costs
City Manager recommending approval of parking fee increases to support the Parking
Division budget effective April 1, 2008.
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 32-321.642
Designated – Lots, and Section 32-321.645 Meters – Time and Fee Schedule for
Specific Lots
Suggested Disposition: Receive and File; Motion B; Motion A
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.
CLOSED SESSION
Pending Litigation – Chapter 21.5(1)(c) 2007 Code of Iowa
Jeanne F. Schneider
March 13, 2008
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