Minutes City Council 3 17 08CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on March 17, 2008, in the
Historic Federal Building
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen; City Attorney Lindahl
Invocation was provided by Pastor John Hulsizer, Church of the Nazarene
PROCLAMATIONS
Boys and Girls Club Week (March 30 -April 5, 2008) was accepted by Bob Reisch.
Dubuque County Conservation Society Week (April 1 - 5, 2008) was accepted by Dubuque
County Conservation Society President William Kemp.
CONSENT ITEMS
Motion by Lynch to receive and file the documents and dispose of as indicated. Seconded
by Jones. Motion carried 7-0.
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 11, 18 and 23, 2008
Upon motion the documents were received and filed.
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; Larissa 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. Upon motion the documents were received and 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: 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.
Upon motion the documents were received, filed, and concurred.
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. Upon motion the documents were received and
filed.
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. Upon motion the documents were received and filed
and Resolution No. 89-08 Approving an LWCF Grant Application to the Iowa Department of
Natural Resources for the E.B. Lyons Interpretive Center Expansion was adopted.
Downtown Dubuque Design Guidelines: City Manager recommending approval of the
issuance of a Request for Proposals for the Downtown Dubuque Design Guidelines Manual.
Upon motion the documents were received, filed, and approved.
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. Upon motion the documents were received
and filed and Resolution No. 90-08 Approving the final plat of Timber Hyrst Estates #2 was
adopted.
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. Upon motion the documents were received, filed, and
approved.
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. Upon motion the documents were received and filed and Resolution
No. 91-08 Accepting the 2007 CIPP Lining Project and authorizing payment of the contract
amount to the contractor was adopted.
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. Upon motion the documents were received and
filed and Resolution No. 92-08 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 south from Chavenelle Road to access lots in the Dubuque Industrial Center West
3rd Addition was adopted.
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.
Upon motion the documents were received and filed.
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. Upon motion the documents
were received, filed, and approved.
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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. Upon motion the documents
were received, filed, and approved.
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. Upon motion the documents were received, filed, and approved.
Mulgrew Oil Company: Communication from Jim Mulgrew, Mulgrew Oil Company,
requesting that the City eliminate the four percent bidding clause for Mulgrew Oil Company.
Upon motion the documents were received and filed and referred to the City Manager.
Stipulation of Settlement: City Attorney submitting a Stipulation of Settlement in the tax
assessment appeal of David F. Krieg, 195 Fremont Avenue. Upon motion the documents were
received and filed.
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. 93-08 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 was adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried
7-0.
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 Iowa Revolving Fund Loan) for the West 32nd Street Detention
Basin project. Upon motion the documents were received and filed and Resolution No. 94-08
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 was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on April 7, 2008, in the Historic Federal Building.
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.
Upon motion the documents were received and filed and Resolution No. 95-08 Preliminary
approval of plans, specifications, form of contract, and estimated cost; Resolution No. 96-08
Setting date of public hearing on plans, specifications, form of contract, and estimated cost;
and Resolution No. 97-08 Ordering bids for the Town Clock Renovation Project were adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on April 7, 2008, in the
Historic Federal Building.
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions. Historic Preservation Commission (One 3-year vacant term
through July 1, 2008 -Old Main District Interim Commissioner). Applicants: D. Joseph Rapp,
David Stuart
Appointment to the following Board/Commission: Housing Code Appeals Board (Two 3-year
expired terms through January 11, 2011 -Terms of Moore and Young). Applicant: David
Young. Motion by Connors to appoint David Young to the Housing Code Appeals Board for a
3-year term expiring January 11, 2011. Seconded Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
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. Motion by Jones to receive and file the documents and adopt
Resolution No. 98-08 Approving plans, specifications, form of contract, and estimated cost for
the Cleveland Avenue Reconstruction Project -Bryant Street to Villa Street Project; Resolution
No 99-08 Resolution with respect to the adoption of the Resolution of Necessity proposed for
the Cleveland Avenue Reconstruction Project -Bryant Street to Villa Street Project; and
Resolution No. 100-08 Approving schedule of assessments and estimate of total cost for the
Cleveland Avenue Reconstruction Project -Bryant Street to Villa Street Project. Seconded by
Connors. Wayne Lattner, 854 Cleveland, stated that people didn't know of the additional
assessment for the 40-foot street width and that standard width would narrow the street
causing parking and passing problems by creating nearly aone-way street. Mr. Lattner also
asked why the costs for lateral replacements are so high. Eric Moeller, 1165 Cleveland, spoke
in support of the 37-foot street width saying that the extra speed was dangerous with so much
parking and more residents moving in. Mr. Moeller believed the assessment was too high to
keep the street at a 40-foot width. Braig stated that the street is in need of repair and a 37-foot
width seems reasonable. She inquired as to why the neighbors weren't informed of the
additional assessment fora 40-foot width. City Engineer Gus Psihoyos stated that Mr. Lattner's
sewer lateral was longer than most on the street and therefore more costly than the City's
historic cost. Psihoyos also said that he arrived at the additional assessment cost after the
third neighborhood meeting. Upon inquiry by Connors, Psihoyos said that replacement trees
could be planted. Lynch concurred with Braig that the additional assessment information
should have been shared with residents. Jones stated that he could not imagine spending City
or assessable funds on the 40-foot street width. Van Milligen indicated that there might be a
shared cost between the City and the residents regarding the replacement trees and that he
will get that information. Motion carried 7-0.
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
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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 Jones. Motion carried 6-1 with Resnick voting nay.
Ron Richard, Tricon Construction, spoke in support of the rezoning. Jill Reimer, Rainbo Oil,
stated that they had held meetings with the neighbors and the biggest issue was beautification.
Resnick questioned the stormwater issue of six years ago and thought there should be more
screening for the neighbors. Voetberg expressed concern over the drainage issue. Planning
Services Manager Laura Carstens provided a staff report saying that the drainage issues
would be addressed through the site plan approval process. Van Milligen asked that thought
be given to police not having access if the back drive was blocked.
Motion by Braig to eliminate the condition that the back access drive area be blocked to
vehicular traffic after close of business and that signage be installed in lieu of fencing.
Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 22-08 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. Seconded by Braig. Motion carried 7-0.
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. 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 Voetberg. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 23-08 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances, by
reclassifying hereinafter described property located at 216 Clarke Drive from R-2 Two-Family
Residential District to R-3 Moderate Density Multi-Family Residential District. Seconded by
Braig. Doris Hingtgen, 309 Hill Street, spoke as a representative for the buyers. Motion carried
7-0.
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.
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 Connors for final consideration and passage of Ordinance No. 24-08 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 fora 2,500 Foot Separation between Adult Entertainment Uses.
Seconded by Braig. Motion carried 7-0.
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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. Motion by Jones to
receive and file the documents and adopt Resolution No. 101-08 Approving the Amended and
Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development
District. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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. Motion by Jones to receive and file the documents and
approve. Seconded by Connors. Motion carried 7-0.
Licensing of Adult Entertainment: City Manager recommending approval of an ordinance
regulating and licensing adult entertainment establishments, and their performers and
employees. 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 Braig. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 25-08 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. Seconded by Braig. Assistant City Attorney Tim O'Brien stated that the current
establishment is allowed carry-in alcohol and they would have 60 days from passage of the
ordinance to obtain the required license. Motion carried 7-0.
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.
Motion by Lynch to receive and file the documents and approve. Seconded by Connors.
Motion carried 7-0.
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. 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 Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 26-08 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. Seconded by Braig. Motion carried
7-0.
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COUNCIL MEMBER REPORTS
Mayor Buol thanked staff for another great Dubuque Night in Des Moines.
Jones asked for consensus that staff be directed to develop an ordinance requiring trucks to
remain in the right-hand lane as well as looking at prohibiting parking on the south side of Delhi
between Grandview and University Avenues. Council concurred.
Voetberg reported on his trip to Washington D.C. stating that issues discussed included
New Market Tax Credits, the Transportation Act, Energy Efficiency Block Grant program, and
foreclosures. He reported that it was suggested that cities should stay out of the bond market
for at least six months. He also spoke to Congressman Braley about the City of Dubuque's
transportation system.
CLOSED SESSION
Motion by Jones to adjourn to closed session at 8:14 p.m. regarding pending litigation
pursuant to Chapter 21.5(1)(c) 2007 Code of Iowa. Seconded by Braig. Motion carried 7-0
Upon motion, City Council reconvened in open session at 8:39 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:40 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1 t 3/26
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