Minutes City Council 3 3 08CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on Monday, March 3, 2008, in
the Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the City Council.
Invocation was provided by Sheila Rudin, Temple Beth EI
CONSENT ITEMS
Motion by Lynch to receive and file the documents and dispose of as indicated. Seconded
by Braig. Connors requested (#11) Four Mounds Public Improvement Project be held for
separate discussion. Motion carried 7-0.
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
Proofs 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
Upon motion the documents were received and filed and approved as printed.
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. Upon motion the
documents were received, filed and referred to the 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 for vehicle
damage; 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.
Upon motion the documents were received, filed and concurred.
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. Upon motion the documents
were received and filed and Resolution No. 71-08 Authorizing the filing of a High Quality Jobs
Program (HQJP) application on behalf of Hormel Foods Corporation was adopted.
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. Upon motion the
documents were received, filed, and approved.
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. Upon motion the
documents were received, filed and approved.
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. Upon motion the document
was received and filed.
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.
Upon motion the document was received and filed.
Dubuque Rescue Mission: City Manager recommending approval of the subcontracting of
services for the Dubuque Rescue Mission's job readiness program. Upon motion the
documents were received and filed and Resolution No. 72-08 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 was adopted.
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. Upon motion the document was received and filed.
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. Upon motion the documents were
received and filed and Resolution No. 73-08 Awarding public improvement contract for the
Windsor Avenue Storm Sewer Construction Project was adopted.
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. Motion by Connors to
receive and file the documents and approve. Seconded by Voetberg. Connors commented that
this project has many of the green initiative elements the City Council has discussed and
requested afollow-up report on the project. Motion carried 7-0.
Human Rights Commission: Mary Coan submitting her resignation from the Human Rights
Commission. Upon motion the document was received and file and resignation accepted.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 74-08 Granting the issuance of a Class "C" Beer Permit to Hartig Drug #8 and Tobacco
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World; and Resolution No. 75-08 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 were
adopted.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearing as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried
7-0.
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. Upon motion the documents were received and filed and Resolution No. 76-08
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 was adopted.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on 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. No one
spoke.
Appointment was made to the following Board/Commission: 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). Motion by Connors to
appoint Ann Michalski (At-Large), David Shaw (Low/Moderate) and Janice Craddieth
(Low/Moderate) to the Community Development Advisory Commission for three year terms
through February 15, 2011. Seconded by Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
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. Upon motion the documents were
received and filed and Resolution No. 77-08 Rescinding Resolution No. 63-08, Resolution No.
64-08, and Resolution No. 65-08; Resolution No. 78-08 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 No. 79-08 Approving the plat, preliminary schedule
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of assessments and estimate of total cost anc
Necessity; and Resolution 80-08 Resolutic
Reconstruction Project -Bryant Street to Villa
a meeting to commence at 6:30 p.m. on March
setting date of public hearing on Resolution of
m of Necessity for the Cleveland Avenue
Street were adopted setting a public hearing for
17, 2008 in the Historic Federal Building.
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. Motion by Connors to receive and file the documents and adopt Resolution No. 81-
08 Approving a Development Agreement providing for the sale of 12.951 acres in the Dubuque
Industrial Center West to ITC Holdings Corporation. Seconded by Lynch. Motion carried 7-0.
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. Motion by
Connors to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 11-08 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. Seconded by Braig. Motion carried 7-0.
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. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance 12-08 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. Seconded by Braig. Motion
carried 7-0.
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. Motion by Jones
to receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it is
to be passed be suspended. Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance 13-08 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
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from AG Agricultural District to PUD Planned 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. Seconded by Lynch. Motion carried 7-0.
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.
Communication from the City Manager advising that the Zoning Board of Adjustment (ZBA)
had tabled the I-Wireless request for a conditional use permit to locate a cell tower in Madison
Park.
Motion by Connors to receive and file the documents. Seconded by Voetberg. 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. Council questioned the size of the
flag pole and why Iowa Wireless Services had not gone to the Zoning Board of Adjustment
prior to requesting City Council approval.
Motion by Voetberg to table and recess the public hearing until after a decision by the
Zoning Board of Adjustment. Seconded by Jones. Motion carried 7-0.
West 32"d Street Detention Basin Project: Proof of publication on notice of public hearing to
consider the plans and specifications, form of contract and estimated cost for the West 32"d
Street Detention Basin Project and City Manager recommending approval. Motion by Connors
to receive and file the documents and adopt Resolution No. 82-08 Approving plans,
specifications, form of contract, and estimated cost for the West 32"d Street Detention Basin
Project. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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) District amendment
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.,
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Motion by Jones to receive and file the documents and for final consideration and passage
of Ordinance No. 14-08 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.
Seconded by Connors. Motion carried 4-3 with Braig, Resnick and Voetberg voting nay.
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. Motion by Jones to receive and file the document and to
concur with the recommendation of the Park and Recreation Commission. Seconded by
Connors. Motion carried 6-1 with Voetberg voting nay.
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). Motion by Lynch to receive and file and approve. Seconded by Braig.
Motion carried 7-0.
There being no further business, Lynch motioned to adjourn at 7:34 p.m. Seconded by
Braig. Motion carried 7-0.
/s/Jeanne F. Schneider, CMC
City Clerk
1 t 3/12
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