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Proof of Council Proceedings 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, '~'Ia1b1a >L ~a~ Resnick, Voetberg, City -____ . C T ' Manager Van Milligan; City ~-----_ AttorneyLindahl rovided Invocatbn was a~~T/ ~~ p by Pastor John Hulsizer, ~a Church of the Nazarene Pf~oGUauTIONS 'n Boys and Giris Club Week (March- 30 -April 5, 2008) was accepted by a,Z~ Bob Reisch. Dubuque! County Conservation Soci- ety Week (April 1 - 5, 2008)I ~O was accepted by Dubuque County Conservation Sociii n id t Willi f t P res en art e y 1 K~CONSENT ITEMS . ~, aF "~ a ` • ~ ~' Moton by Lynch to re- ~, ' ' eeive and file the docu- • ~ ' ~ ments and dispose.of as e indicated. Seconded by Jones. Motion carried 7-0. ~• Minutes and Reppoortrter-~~--- ---- ~ ~' Submitted: Airport Comp ~ missiori of 1/28; City Council of 3/3„ 3/4, and 3/5; Civil Service Commis slob Of 1/22 and 2/21; Cit~ Conferehce Board of 2/11 Plumbing Board of 2/28 rd T B oa a Trensft rustee 2/14; Zonin Advisor o Mw Commission f 3/5; Zonin for Board of Adjustment 2/28 tna' Proofs of publication c' Cih Council Prdceedin veh of bruary 11, 18 and 2 Ker 2008 ~ ~ Upon motion the doc U ments were received arN mar filed. I .and. Notice of ClaimalSuit . S Dawri Rannals for vehicl'the , damage; Tim Bushman f Stet vehicl6 damage; Mich the Fassbinder for vehic ol~ni damage• David .Link f { persone~ fryury/vehic s~Ant .Imm~nn• Cnninn Dinf f n,.. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 26, 2008, and for which the charge is $243.16. Subscribed to before me, a Notary Public in and for Dub ue County, Iowa, this~~~ day of , 200 . i~~~ ~>~~(/~~~1GC~C- Notary Public in and for Dubuque County, Iowa. .~^~ • MARY K. WESTERMEYER _'•; Commission Number 154885 •'-~*., friv C'nmm Fxn. =EB. 1 ~ 2M 1 -~~-_ ._ - CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on March 17, 2008, in the Historic Fed- eral 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 Soci- ety Week (April 1 - 5, 2008) was accepted by Dubuque County Conservation Soci- ety President William Kemp. CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments and dispose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Airport Com- mission of 1/28; City Council of 3/3, 3/4, and 3/5; Civil Service Commis- sion 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 docu- ments 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; Carissa Young for vehicle damage; Eric Steffenson for vehicle damage; Gary Lungwitz for vehicle damage; David El- gin for vehicle damage; William Blum for vehicle damage; Jacob and Jenni- fer Hoyer for property damage; John Kass for ve- hicle damage; Roger Bahl for vehicle damage; An- drew Stoecken for vehicle damage; Michael K. Clancy vs City of Dubu- que. 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 Pub- • lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Beverly M. Lus- ter for personal injury; - Mike Fassbinder for vehi- cle damage; David J. Link for personal injury/vehicle damage. City Attorney recom- mending settlement of the claims of vid J. Schroeder for vehicle ,Ftheran Churches in Dui fr Holy Trinity, Lord of L, a, Redeemer, St. John, St. A e lc ti F t( c 1 St. Paul and St. Pete] r1 quMgr y Great Schools: City Manager recommending approval of a Wireless Network Equip- ment License Agreement between the City of Dubu- que and Dubuque Com- munity Schools. Upon md- tion the documents were received, filed, and ap- proved. Wireless Network Equip- ment License Agreement - Holy Family Catholic Schools: City Manager recommending approval of a Wireless Network Equip- ment License Agreement between the City of Dubu- que and Holy Family Cath- olic Schools. Upon motion the documents were re- ceived, filed, and ap- proved. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of a request from Mediacom for funding from the Capital Grant for Access Equipment and Fa- cilities. 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 docu- ments 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 Fre- mont Avenue. Upon mo- tion the documents were received and filed. Liquor License Applica tions: City Manager rec ommending approval o annual liquor license re newals as submitted Upon motion the docu ments were received an filed and Resolution No. 93-08 Granting the issu ance of a Class "C Beer/Liquor . License tg Salsa's Mexican Restau rant, Marco's Italian Amer can Food, Yardarm Res taurant, Neighbor's Ta Bunker Hill Golf Cours Ground Round, Eagle Club and Bulldog Billiard and a Class "WBN" Nativ Wine Permit to Ced Cross BP was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re tsurance. )1us shift differ program us and incenti STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICA7 I, Suzanne Pike, a Billing Clerk for Woodward Com corporation, publisher of the Telegraph Herald,a nevi published in the City of Dubuque, County of Dubugi certify that the attached notice was published in said dates: March 26, 2008, and for which the charge is $ Subscribed o before m , a Notary Public in and for this //�j"// dayof , 2( Notary Public in and f MARY K. WESTE Commission Numi My flnrnm Fro. FE CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on March 17, 2008, in the Historic Fed- eral 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 Soci- ety Week (April 1 - 5, 2008) was accepted by Dubuque County Conservation Soci- ety President William Kemp. CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments and dispose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Airport Com- mission of 1/28; City Council of 3/3, 3/4, and 3/5; Civil Service Commis- sion 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 docu- ments 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; Carissa Young for vehicle damage; Eric Steffenson for vehicle damage; Gary Lungwitz for vehicle damage; David El- gin for vehicle damage; William Blum for vehicle damage; Jacob and Jenni- fer Hoyer for property damage; John Kass for ve- hicle damage; Roger Bahl for vehicle damage; An- j drew Stoecken for vehicle damage; Michael K. Clancy vs City of Dubu- que. 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 Pub-• lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Beverly M. Lus- ter for personal injury: - Mike Fassbinder for vehi- cle damage; David J. Link for personal injury/vehicle damage. City Attorney recom- mending settlement of the claims of Livid J. Schroeder for vehicle Design Guidelines Manual. Upon motion the docu- ments were received, filed, and approved. Final Plat - Timber-Hyrst Estates #2: Zoning Adviso- ry Commission recom- mending approval of the fi- nal plat of Timber-Hyrst Estates #2 located on Creek Wood Drive as re- quested by North Cascade Developers LLC / Marty McNamer. Upon motion the documents were re- ceived and filed and Reso- lution No. 90-08 Approving the final plat of Timber Hyrst Estates #2 was adopted. Dubuque Golf and Coun- try Club: Communication from the Dubuque Golf and Country Club request- ing permission to display fireworks on Friday, July 4, 2008 on their grounds, with a rain date of Satur- day, July 5, 2008. Upon motion the documents were received, filed, and approved. 2007 Cured -In -Place Pipe (CIPP) Lining Project: City Manager recommend- ing 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 re- ceived and filed and Reso- lution No. 91-08 Accept- ing the 2007 CIPP Lining Project and authorizing payment of the contract amount to the contractor was adopted. Revitalize Iowa's Sound Economy (RISE) Applica- tion: City Manager recom- mending approval of a grant application to the Io- wa Department of Trans- portation (IDOT) Revitalize Iowa's Sound Economy (RISE) program to help fi- nance 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 Trans- portation for the construc- tion of a cul de sac south from Chavenelle Road to access lots in the Dubu- que Industrial Center West 3rd Addition was adopted. Legislative Correspond- ence: 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 re- garding the importance of Tax Increment Financing. Upon motion the docu- ments were received and filed. Wireless Network Equip- ment License Agreement - Dubuque Community `Schools: City Manager recommending approval of a Wireless Network Equip- ment License Agreement between the City of Dubu- que and Dubuque Com- munity Schools. Upon md- tion the documents were received, filed, and ap- proved. Wireless Network Equip- ment License Agreement - Holy Family Catholic Schools: City Manager recommending approval of a Wireless Network Equip- ment License Agreement between the City of Dubu- que and Holy Family Cath- olic Schools. Upon motion the documents were re- ceived, filed, and ap- proved. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of a request from Mediacom for funding from the Capital Grant for Access Equipment and Fa- cilities. 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 docu- ments 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 Fre- mont Avenue. Upon mo- tion the documents were received and filed. Liquor License Applica- tions: City Manager rec- ommending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 93-08 Granting the issu- ance of a Class "C" Beer/Liquor . License to Salsa's Mexican Restau- rant, Marco's Italian Ameri- can Food, Yardarm Res- taurant, 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 re- '`. Upon motion the documents were received and filed and Resolution No. 95-08 Preliminary ap- proval of plans, specifica- tions, 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 Renova- tion•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. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. His- toric Preservation Com- mission (One 3-year va- cant term through July 1, 2008 - Old Main District In- terim Commissioner). Ap- plicants: D. Joseph Rapp, David Stuart Appointment to the fol- lowing 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 Janu- ary 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 Re- construction Project: Proof of publication on notice of public hearing to consider the plans and specifica- tions, form of contract and estimated cost for the Cleveland Avenue Recon- struction Project, using the City standard width for collector streets of 37 feet, the Resolution of Necessi- ty and the Preliminary Schedule of Assessments and City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 98- 08 Approving plans, speci- fications, form of contract, and estimated cost for the Cleveland, Avenue Recon- struction Project - Bryant Street to Villa Street Proj- ect; Resolution No 99-08 Resolution with respect to the adoption of the Reso- lution of Necessity pro- posed for the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street Project; and Resolution No. 100-08 Ap- proving schedule of as- sessments and estimate of total cost for the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street Project. Seconded by Connors. Wayne Lattner, 854 Cleve- land, stated that people didn't know of the addi- tional assessment for the 40-foot street width and that standard width would narrow the street causing parking and passing prob- lems by creating nearly a one-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 danger- ous with so much parking and more residents mov- ing 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 in- quired as to why the neighbors weren't in- formed of the additional assessment for a 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 his- toric cost. Psihoyos also said that he arrived at the additional assessment cost after the third neigh- borhood meeting. Upon in- quiry by Connors, Psihoyos said that re- placement trees could be planted. Lynch concurred with Braig that the addi- tional assessment informa- tion 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 - In- tersection of University Avenue and Asbury Road: Proof of publication on no- tice of hearing to consider a request from Rainbo Oil Company to rezone prop- erty north of the intersec- tion of University Avenue and Asbury Road from R-1 Single -Family Residential District to C-2 Neighbor- hood Shopping Center District, with conditions, and Zoningt4ldvisory Com- 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 22- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassi- fying hereinafter described property located north of the intersection of Univer- sity 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 pub- lication on notice to hear- ing 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 Advi- sory Commission recom- mending 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 fi- nal consideration and pas- sage of Ordinance No. 23- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassi- fying hereinafter described property located at 216 Clarke Drive from R-2 Two -Family Residential District to R-3 Moderate Density Multi -Family Resi- dential District. Seconded by Braig. Doris Hingtgen, 309 Hill Street, spoke as a representative for the buy- ers. Motion carried 7-0. Text Amendment - Adult Entertainment Establish- ments: Proof of publication on notice of hearing to consider a request from the City of Dubuque to in- crease the separation re- quirement for adult enter- tainment establishments. Planning Services Manag- er providing follow-up in- formation on the City of Dubuque's proposed Zon- ing Ordinance text amend- ment. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement 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 fi- nal consideration and pas- sage of Ordinance No. 24 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amend- ing Section 4-8.1 General Statement of Intent to Ref- erence the Secondary Negative Impacts Generat- ed by a Concentration of Adult Entertainment Estab- lishments, and by Amend- ing Section 4-8.3(2) Gov- erning the Location and Spatial Separation of Adult Entertainment Establish- ments to Provide for a 2,500 Foot Separation be- tween Adult Entertainment Uses. Seconded by Braig. Motion carried 7-0. Dubuque Industrial Cen- ter West Urban Renewal Plan: Proof of publication on notice of hearing to consider the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District to expand the district to in- clude the North Siegert Farm and the rail site and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 101-08 Ap- proving the Amended and Restated Urban Renewal' Plan for the Dubuque In- dustrial 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 - Emi- nent Domain Proceedings: City Attorney recommend- ing that the resolution au- thorizing the commence- ment 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 No- tice of Intent to Approve Acquisition of Property by Eminent Domain be sent to the property owner. Mo- tion by Jones to receive and file the documents and approve. Seconded by Connors. Motion carried 7- 0. Licensing of Adult Enter- tainment: City Manager recommending approval of an ordinance regulating and licensing adult enter- tainment establishments, maximum 120-day pay- ment to landlords for va- cant 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 recommend- ing approval of parking fee increases to support the Parking Division budget ef- fective April 1, 2008. Mo- tion 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 suspend- ed. Seconded by Jones. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 26- 08 Amending City of Du- buque Code of Ordinances Section 32-321.642 Desig- nated - Lots, and Section 32-321.645 Meters - Time and Fee Schedule for Spe- cific Lots. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol thanked staff for another great Dubuque Night in Des Moines. Jones asked for consen- sus that staff be directed to develop an ordinance requiring trucks to remain in the right-hand lane as well as looking at prohibit- ing parking on the south side of Delhi between Grandview and University Avenues. Council concur- red. Voetberg reported on his trip to Washington D.C. stating that issues dis- cussed included New Mar- ket Tax Credits, the Trans- 1 portation Act, Energy Effi- ciency Block Grant pro- gram, and foreclosures. He reported that it was sug- gested that cities should stay out of the bond mar- ket for at least six months. He also spoke to Con- gressman Braley about the City of Dubuque's trans- portation system. CLOSED SESSION Motion by Jones to ad- journ to closed session at 8:14 p.m. regarding pend- ing litigation pursuant to Chapter 21.5(1)(c) 2007 Code of Iowa. Seconded by Braig. Motion carried 7- 0 Upon motion, City Coun- cil reconvened in open session at 8:39 p.m. stat- ing that staff had been giv- en 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 1t 3/26 VA {SS: LINTY '2ATION OF PUBLICATION tune Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa ation, publisher of the Telegraph Herald,a newspaper of general circulation ied in the City of Dubuque, County of Dubuque and State of Iowa; hereby that the attached notice was published in said newspaper on the following March 26, 2008, and for which the charge is $243.16. ibed to before m r— day of Notary Public in and for Dub�1ue County, Iowa, , 20Dd" . Notary Public in and for Dubuque County, Iowa. '^ MARY K. WESTERMEYER Commission Number 154885 My Cnmm Fro. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on March 17, 2008, in the Historic Fed- eral 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 Soci- ety Week (April 1 - 5, 2008) was accepted by Dubuque County Conservation Soci- ety President William Kemp. CONSENT ITEMS • Motion by Lynch to re- ceive and file the docu- ments and dispose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Airport Com- mission of 1/28; City Council of 3/3, 3/4, and 3/5; Civil Service Commis- sion 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, nnn damage; Theresa Deutsch for vehicle damage. City Attorney recom- mending denial of the claims of John D. Miles for vehicle damage; Jacob Kenniker for vehicle dam- age. Upon motion the docu- ments were received, filed, and concurred. Statement of Support for the Guard and Reserve: Statement of support of the City of Dubuque rec- ognizing that the National Guard and Reserve are es- sential to the strength of our nation and the well- being of our communities. Upon motion the docu- ments were received and filed. Land and Water Conser- vation 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 De- sign Guidelines: City Man- ager recommending ap- proval of the issuance of a Request for Proposals for the Downtown Dubuque Design Guidelines Manual. Upon motion the docu- ments were received, filed, and approved. Final Plat - Timber-Hyrst Estates #2: Zoning Adviso- ry Commission recom- mending approval of the fi- nal plat of Timber-Hyrst Estates #2 located on Creek Wood Drive as re- quested by North Cascade Developers LLC / Marty McNamer. Upon motion the documents were re- ceived and filed and Reso- lution No. 90-08 Approving the final plat of Timber Hyrst Estates #2 was ' adopted. Dubuque Golf and Coun- try Club: Communication from the Dubuque Golf and Country Club request- ing permission to display fireworks on Friday, July 4, 2008 on their grounds, with a rain date of Satur- day, July 5, 2008. Upon motion the documents were received, filed, and approved. 2007 Cured -In -Place Pipe (CIPP) Lining Project: City Manager recommend- ing 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 re- ceived and filed and Reso- lution No. 91-08 Accept- ing the 2007 CIPP Lining Project and authorizing payment of the contract amount to the contractor was adopted. Revitalize Iowa's Sound Economy (RISE) Applica- tion: City Manager recom- mending approval of a grant application to the Io- wa Department of Trans- portation (IDOT) Revitalize Iowa's Sound Economy (RISE) program to help fi- nance 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 Trans- portation for the construc- tion of a cul de sac south from Chavenelle Road to access lots in the Dubu- que Industrial Center West 3rd Addition was adopted. Legislative Correspond- ence: 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 re- garding the importance of Tax Increment Financing. Upon motion the docu- ments were received and filed. • Wireless Network Equip- ment License Agreement - Dubuque Community Schools: City Manager recommending approval' a Wireless Network Equip- ment License Agreement between the City of Dubu- que and Dubuque Com- munity Schools. Upon md- tion the documents were received, filed, and ap- proved. Wireless Network Equip- ment License Agreement - Holy Family Catholic Schools: City Manager er recommending approval a Wireless Network Equip- ment License Agreement between the City of Dubu- que and Holy Family Cath- olic Schools. Upon motion the documents were re- ceived, filed, and ap- proved. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of a request from Mediacom for funding from the Capital Grant for Access Equipment and Fa- _.,.,._., i i..n„ n,ntinn the ceive and file the docu- ments, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by • law. Seconded by Braig. Motion carried 7-0. Sewer Revenue Capital Loan Notes: City Manager recommending that a pub- lic hearing be set for April 7, 2008 to consider the is- suance of not to exceed' $2,458,000 Sewer Reve- nue Capital Loan Notes (State of Iowa Revolving Fund Loan) for the West 32nd Street Detention Ba- sin project. Upon motion the documents were re- ceived and filed and Reso- lution 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 publica- tion 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 Histor- ic Federal Building. Town Clock Renovation Project: City Manager rec- ommending initiation of the public bidding process for the Town Clock Reno- vation 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 ap- proval of plans, specifica- tions, 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 Renova- tion • 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. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. His- toric Preservation Com- mission (One 3-year va- cant term through July 1, 2008 - Old Main District In- terim Commissioner). Ap- plicants: D. Joseph Rapp, David Stuart Appointment to the fol- lowing 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 Janu- ary 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 Re- construction Project: Proof of publication on notice of public hearing to consider the plans and specifica- tions, form of contract and estimated cost for the Cleveland Avenue Recon- struction Project, using the City standard width for collector streets of 37 feet, the Resolution of Necessi- ty and the Preliminary Schedule of Assessments and City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 98- 08 Approving plans, speci- fications, form of contract, and estimated cost for the Cleveland,. Avenue Recon- struction Project - Bryant Street to Villa Street Proj- ect; Resolution No 99-08 Resolution with respect to the adoption of the Reso- lution of Necessity pro- posed for the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street Project; and Resolution No. 100-08 Ap- proving schedule of as- sessments and estimate of total cost for the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street Project. Seconded by Connors. Wayne Lattner, 854 Cleve- land, stated that people didn't know of the addi- tional assessment for the 40-foot street width and that standard width would narrow the street causing parking and passing prob- lems by creating nearly a one-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 danger- ous with so much parking and more residents mov- ing 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 in- quired as to why the neighbors weren't in- formed of the additional assessment for a 40-foot mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered 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. Mo- tion carried 6-1 with Resnick voting nay. Ron Richard, Tricon Con- struction, spoke in support of the rezoning. Jill Reimer, Rainbo Oil, stated that they had held meetings with the neighbors and the biggest issue was beautifi- cation. Resnick questioned the stormwater issue of six years ago and thought there should be more screening for the neigh- bors. Voetberg expressed concern over the drainage issue. Planning Services Manager Laura Carstens provided a staff report say- ing that the drainage is- sues would be addressed through the site plan ap- proval process. Van Milligen asked that thought be given to police not hav- ing access if the back drive was blocked. Motion by Braig to elimi- nate 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 fi- nal consideration and pas- sage of Ordinance No. 22- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassi- fying hereinafter described property located north of the intersection of Univer- sity 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 pub- lication on notice to hear- ing 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 Advi- sory Commission recom- mending 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 fi- nal consideration and pas- sage of Ordinance No. 23- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassi- fying hereinafter described property located at 216 Clarke Drive from R-2 Two -Family Residential District to R-3 Moderate Density Multi -Family Resi- dential District. Seconded by Braig. Doris Hingtgen, 309 Hill Street, spoke as a representative for the buy- ers. Motion carried 7-0. Text Amendment - Adult Entertainment Establish- ments: Proof of publication on notice of hearing to consider a request from the City of Dubuque to in- crease the separation re- quirement for adult enter- tainment establishments. Planning Services Manag- er providing follow-up in- formation on the City of Dubuque's proposed Zon- ing Ordinance text amend- ment. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement 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 fi- nal consideration and pas- sage of Ordinance No. 24- 08 Amending Appendix (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amend- ing Section 4-8.1 General Statement of Intent to Ref- erence the Secondary Negative Impacts Generat- ed by a Concentration of Adult Entertainment Estab- lishments, and by Amend- ing Section 4-8.3(2) Gov- erning , the Location and Spatial Separation of Adult Entertainment Establish- ments to Provide for a 2,500 Foot Separation be- tween Adult Entertainment Uses. Seconded by Braig. Motion carried 7-0. Dubuque Industrial Cen- ter West Urban Renewal Plan: Proof of publication on notice of hearing to consider the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District to expand the district to in- clude the North Siegert a w o .nil cite and and their performers and employees. Motion by Jones to, receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered 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. Mo- tion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 25-08 Amending Chapter 31, Li- censes 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 Estab- lishments and Prohibiting Certain Activity. Seconded by Braig. Assistant City At- torney Tim O'Brien stated that the current establish- ment is allowed carry -in al- cohol and they would have 60 days from passage of the ordinance to obtain the required license. Motion carried 7-0. Bee Branch Property Ac- quisition - Purchase of Rental Property: City Man- ager recommending ap- proval of a change to the City's property acquisition policy related to imple- mentation of the Drainage Basin Master Plan for rent- al properties to offer a maximum 120-day pay- ment to landlords for va- cant 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 recommend- ing approval of parking fee increases to support the Parking Division budget ef- fective April 1, 2008. Mo- tion 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 suspend- ed. Seconded by Jones. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 26- 08 Amending City of Du- buque Code of Ordinances Section 32-321.642 Desig- nated - Lots, and Section 32-321.645 Meters - Time and Fee Schedule for Spe- cific Lots. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol thanked staff for another great Dubuque Night in Des Moines. Jones asked for consen- sus that staff be directed to develop an ordinance requiring trucks to remain in the right-hand lane as well as looking at prohibit- ing parking on the south side of Delhi between Grandview and University Avenues. Council concur- red. Voetberg reported on his trip to Washington D.C. stating that issues dis- cussed included New Mar- ket Tax Credits, the Trans- portation Act, Energy Effi- ciency Block Grant pro- gram, and foreclosures. He reported that it was sug- gested that cities should stay out of the bond mar- ket for at least six months. He also spoke to Con- gressman Braley about the City of Dubuque's trans- portation system. CLOSED SESSION Motion by Jones to ad- journ to closed session at 8:14 p.m. regarding pend- ing Chapte 1)(c) litigation pursuant 2007 Code of Iowa. Seconded by Braig. Motion carried 7- b Upon motion, City Coun- VA se reconvened open session att8:8:39 p.m. stat- Ul T 1 ing that staff had been giv- en 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 1t 3/26 {SS: -2ATION OF PUBLICATION line Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa ation, publisher of the Telegraph Herald,a newspaper of general circulation ied in the City of Dubuque, County of Dubuque and State of Iowa; hereby that the attached notice was published in said newspaper on the following March 26, 2008, and for which the charge is $243.16. bed to before m , a Notary Public in and for Dub cue County, Iowa, 07:191 flax/ of /11d/11rA Dt