4 21 08 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF
4/21/08
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
LYNCH
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:30 P.M. – WORKSESSION ON PURCHASE OF SERVICE AGREEMENTS
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, APRIL 21, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
Bishop Jim Alexander, Church of Jesus Christ of Latter-day Saints
PROCLAMATIONS
Rotary Foundation Group Study Exchange Days (April 27 – 30, 2008)
Historic Preservation Month (May, 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
City Council of 4/7 and 4/14; Civil Service Commission of 3/19; Historic Preservation
Commission of 3/20; Housing Commission of 3/25; Housing Commission Trust Fund of
9/7; Human Right Commission of 4/15; Zoning Advisory Commission of 4/2; Zoning
Board of Adjustment of 3/27;
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Barb and Gerald Hirsch for property damage; Craig Kowalski for property damage;
Russell and Diane J. Nauman for property damage; Michelle Neyen for property
damage; Lasalle Bank National Association vs. City of Dubuque, et al; Helen, Chuck
and Craig Spielman for property damage; Premier Linen and Drycleaning for personal
injury of Cathy Ludwig; Shirley A. Cox for personal injury; Craig Hurst for personal
injury; Jonathan and Sarah Ragan for property damage
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: Northeast Iowa
Community College for property damage; Russell and Diane Nauman for property
damage; Michelle Neyen for property damage; Craig A. Kowalski for property damage;
Gerald Hirsch for property damage; Craig Hurst for personal injury; Craig Spielman for
property damage; Shirley Ann Cox for personal injury
Suggested Disposition: Receive and File; Concur
3. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Lead
Applications/Network Analyst.
Suggested Disposition: Receive and File; Make a Matter of Record
4. Stipulation of Settlement – Glab
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of
Vicki Glab for property located at 680 Southern Avenue.
Suggested Disposition: Receive and File
5. Water Pollution Control Plant Renovation
Postcards from citizens opposing the incineration option regarding the renovation of the
Water Pollution Control Plant.
Suggested Disposition: Receive and File
6. Amendment to Collective Bargaining Agreement
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement with the Teamsters Union to provide for a work week that consists of ten
hours per day/four days per week for the Airport Maintenanceworkers and Airport
Mechanic.
Suggested Disposition: Receive and File; Approve
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7. Fiscal Year 2009 Wage Plan and Compensation Package
City Manager recommending approval of the Fiscal Year 2009 Wage Plan and
Compensation Package for Non-bargaining Unit Employees.
RESOLUTION
Approving the Wage Plan and Compensation Package for Non-
bargaining Unit Employees for Fiscal Year 2009.
Suggested Disposition: Receive and File; Adopt Resolution
8. Purchase of Property – 2315 Prince Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2315 Prince Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2315 Prince Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
9. PEG Capital Grant Expenditure Request
City Manager recommending approval of a request from Wahlert High School for
funding from the Capital Grant for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
10. Stipulation of Settlement – Dubuque Bank and Trust
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of
Heartland Financial for four properties owned by Dubuque Bank and Trust.
Suggested Disposition: Receive and File
11. Fiscal Year 2009 Annual Action Plan Amendment
City Manager recommending approval of an amendment to the Fiscal Year 2009 Annual
Action Plan for the City’s Community Development Block Grant Program.
RESOLUTION
Approving Amendment 1 to the Fiscal Year 2009 Annual Action Plan for
the City’s Community Development Block Grant Program
Suggested Disposition: Receive and File; Adopt Resolution
12. E.B. Lyons Interpretive Center Expansion Project
Communication from Douglas Olk, Friends of the Mines of Spain, providing an update
on the E.B. Lyons Interpretive Center Expansion Project.
Suggested Disposition: Receive and File
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13. Friends of the Mines of Spain
Communication from Douglas Olk, Friends of the Mines of Spain, expressing thanks for
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the $1,444 grant to the Friends of the Mines of Spain for the 175 Dubuque Anniversary
Celebration.
Suggested Disposition: Receive and File
14. Aquila 2007 Dubuque Weatherization Challenge
Certificates of Recognition to the Housing and Community Development and Building
Services Departments for participation in the 2007 Dubuque Weatherization Challenge
sponsored by Aquila.
Suggested Disposition: Receive and File
15. Timber-Hyrst Estates Bridge Improvements – Phase 1
City Manager recommending acceptance of the bridge improvements on Creek Wood
Drive over Catfish Creek that the developer, North Cascade Road Developers, LLC has
recently completed in Timber-Hyrst Estates.
RESOLUTION
Accepting bridge improvements in Timber-Hyrst Estates
Suggested Disposition: Receive and File; Adopt Resolution
16. Tetra Tech Monitoring Wells
City Manager recommending approval of a License Agreement with Tetra Tech that
authorizes the installation of four monitoring wells in City right-of-way at West Locust
Street and Pierce Street to continue drilling and field work for McCann’s Properties,
LLC.
RESOLUTION
Authorizing License Agreement between the City of Dubuque and Tetra
Tech to install monitoring wells on public right-of-way at West Locust Street and Pierce
Street
Suggested Disposition: Receive and File; Adopt Resolution
17. Request to Vacate
Communication from Brian Kane, counsel for Mr. Thomas A. Luksetich and Mr. and
Mrs. Timothy J. Axtell, requesting to purchase a portion of City real estate abutting their
property at 2530 Kerper Boulevard.
Suggested Disposition: Receive and File; Refer to City Manager
18. Iowa Department of Transportation
Communication from the Iowa Department of Transportation confirming the
Transportation Commission’s award of RISE funds to assist in construction of the new
roadway south of Chavenelle Road in the Dubuque Industrial Center West.
Suggested Disposition: Receive and File
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19. Certificate of Environmental Accomplishment
Certificate from Shred-It advising that the City of Dubuque participated in the Shred-it
shredding and recycling program and saved 57 trees from destruction in 2007.
Suggested Disposition: Receive and File
20. Miller-Riverview Park Management Agreement
City Manager recommending approval of the management agreement with Kenneth M.
Clayton for Miller-Riverview Park from April 1 through November 1, 2008.
Suggested Disposition: Receive and File; Approve
21. Dubuque Water Ski Club Lease
City Manager recommending approval of the annual lease with the Dubuque Water Ski
Club for a section of Schmitt Island.
Suggested Disposition: Receive and File; Approve
22. Town Clock Renovation Project
City Manager recommending award of the public improvement contract for the Town
Clock Renovation Project to Klauer Construction Company in the amount of $247,227.
RESOLUTION
Awarding contract to Klauer Construction Company
Suggested Disposition: Receive and File; Adopt Resolution
23. Five Flags Center – Fiscal Year 2009 Operating Budget
City Manager recommending approval of the detailed Fiscal Year 2009 operating
budget for the Five Flags Center as submitted by SMG.
Suggested Disposition: Receive and File; Approve
24. Medline Industries – Amendment to Development Agreement
City Manager recommending approval of the first amendment to the Development
Agreement with Medline Industries, Inc. to provide for a time extension on the project
completion until April 30, 2009.
RESOLUTION
Approving the first amendment to the Medline Industries, Inc.
Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
25. Downtown Design Guidelines Manual
City Manager recommending approval of the selection of Winter and Company to
provide Professional Design Services for the Downtown Design Guidelines Manual.
Suggested Disposition: Receive and File; Approve
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26. Citizen Communication
Communication from Pat Tobin, Cedar Cross Self Storage, regarding the monthly
stormwater management fee.
Suggested Disposition: Receive and File; Refer to City Manager
27. Zoning Board of Adjustment
Jim Urell submitting his resignation from the Zoning Board of Adjustment due to his
relocation out of the City limits.
Suggested Disposition: Receive and File; Accept Resignation
28. Mediacom Annual Report
Submittal of the Mediacom 2007 Annual Report (on file in the City Clerk’s Office).
Suggested Disposition: Receive and File
29. Earth Charter
Communication from Sr. Dorothy Heiderscheit, Sister Rita Goedken, Sr. Kathy Lentsch,
Sr. Kathleen Grace and Sr. Virginia Goedken requesting that the City adopt the goals of
the Earth Charter as the framework for development of a strategic plan to achieve a
green designation.
Suggested Disposition: Receive and File; Refer to City Manager
30. Development Agreement – Hotel Julien
City Manager recommending approval of a Development Agreement with HJD Landlord,
LLC and HJD Manager, LLC for a $600,000 Downtown Rehabilitation loan, a $10,000
design grant, a $10,000 façade grant, and a 100% rebate of incremental property taxes
for 15 years to support the rehabilitation of the Hotel Julien and provide 100% of the
incremental increase in its share of Hotel/Motel tax revenue for three full years, to assist
in marketing the renovated hotel.
RESOLUTION
Approving Development Agreement for the Hotel Julien Project
Suggested Disposition: Receive and File; Adopt Resolution
31. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of two new permits to sell cigarettes and cigarette
papers to Ron’s Five Point Mart, DaVinci’s Restaurant/Lounge, and O’Clock Industries
RESOLUTION
Granting the issuance of a Class “B” Beer Permit (6 Month) to McAleece
Park/Recreation Complex; a Class “B” Beer permit (5 Day Event) to Music n More; and
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a Class “C” Beer License to 16 Street Auto/Truck Plaza, Tobacco Outlet Plus, Paro
Food Mart, Kwik Stop C-Store, Ron’s Discount Smokes, Ron’s Five Pont Mart, Casey’s
General Store #2420 and Casey’s General Store #2421
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RESOLUTION
Granting the issuance of a Class “A” Liquor License to Dubuque Lodge
and Dubuque Golf and Country Club; Class “B” Liquor License to Days Inn Spirits
Bar/Grill; Class “C” Beer/Liquor License to Catfish Charlie’s’, Clarke College, DaVinci’s
Restaurant and Lounge, Sublime, Tott’s Tap, Olive Garden Italian Restaurant, West
Dubuque Tap, Whiskey River, Loras College, The Hub, Lot One and Ten Pin Tap;
Special Class “C” Liquor License to Chuck-n-Jo’s; Special Class “C” Liquor (5 Day
Special Event) to Dubuque Jaycees; and Class “WBN” (Native Wine) Permit to Hancock
House Bed and Breakfast and Kwik Stop C-Store
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Real Estate Contract with Dubuque Community School District
City Manager recommending that a public hearing be set for May 5, 2008 to consider
approval of a real estate contract between the Dubuque Community School District and
the City of Dubuque for the purchase of the Kephart Building.
RESOLUTION
Fixing date for a meeting on the authorization of a real estate contract
between the City of Dubuque and Dubuque Community School District and providing for
publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/5/08
2. Request to Vacate – Liebe Street and Washington Street
City Manager recommending that a public hearing be set for May 5, 2008 to consider a
request from Dubuque Stamp and Manufacturing to vacate and purchase a portion of
Liebe Street and Washington Street.
RESOLUTION
of Intent to vacate and dispose of City interest in Lot C and Lot D of
Liebe’s Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/5/08
3. Chavenelle Court Construction Project
City Manager recommending initiation of the public bidding process for the Chavenelle
Court Construction Project and that a public hearing be set for May 5, 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; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering bids for the Chavenelle Court Construction Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/5/08
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4. Fiscal Year 2008 Budget Amendment
City Manager recommending that a public hearing be set for May 5, 2008 to consider
approval of the second amendment to the Fiscal Year 2008 Budget.
RESOLUTION
Setting date of public hearing
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/5/08
5. Voluntary Annexation Request – Kress Industrial Facility (Tabled on December 17,
2007)
City Manager recommending that a public hearing to consider approval of the voluntary
annexation request of Kress Industrial Facility concurrent with rezoning be set for May
19, 2008.
RESOLUTION
Rescinding Resolution No. 557-07 Approving an application for
voluntary annexation of territory owned by Kress Industrial Facility
RESOLUTION
Fixing date of public hearing onan application for voluntary annexation
of territory owned by Kress Industrial Facility
Suggested Disposition: Remove from Table; Receive and File; Adopt
Resolutions; Public Hearing 5/19/08
6. Kress Industrial Facility – Request to Rezone
Zoning Advisory Commission recommending denial of a request from Toby Kress,
Kress Industrial Facility to rezone Property south of Old Highway Road from County R-1
Residential District to City AG Agricultural District and LI Light Industrial District,
concurrent with annexation.
ORDINANCE
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances, by reclassifying hereinafter described property located south of
Old Highway Road from County R-1 Residential District to City AG Agricultural District
and LI Light Industrial District, concurrent with annexation.
Suggested Disposition: Receive and File; Public Hearing 5/19/08
7. Washington Neighborhood Urban Revitalization Area
City Manager recommending that a public hearing be set for June 2, 2008 to consider
approval of an amendment to the Washington Neighborhood Urban Revitalization Area
plan and the establishment of the Salvia House Urban Revitalization Area.
RESOLUTION
Acknowledging a proposed amendment to the plan for the Washington
Neighborhood Urban Revitalization Area and providing for a public hearing
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RESOLUTION
Finding that the designation of the Salvia House Urban Revitalization
Plan is necessary in the interest of the public health, safety and welfare of the residents
of the City of Dubuque, Iowa and providing for a public hearing thereon
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/2/08
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.
Airport Zoning Commission – Council Appoints from among the Zoning Advisory
Commission members
Two 6-year vacant, expired terms through January 3, 2014 (Terms of Gaber and Stiles)
Volunteering Commissioner:
Jeff Stiles, Vice Chairperson, Zoning Advisory Commission
Electrical Code Board
Five 3-year expired terms through May 21, 2011 (Terms of Mueller, Dixon, Hammel, Reiss,
Pfohl) (Electrical experience requirement)
Applicants: James Dixon, 2505 Marquette Place
Dan Hammel, 3163 Hillcrest Road, #4
Library Board of Trustees (Mayor Appointment)
Two 4-year vacant terms through June 1, 2011 (Terms of Lindsay and Avery)
Applicants: Paula Connors, 818 So. Grandview Avenue
Elizabeth Leeper, 1576 Glen Oak Street
Thomas Stecher, 2117 Orchard Drive
Mike Willis, 1298 Locust Street, #2
Appointments to the following Boards/Commissions:
Civil Service Commission (Mayor Appointment)
One 4-year expired term through April 6, 2012 (Term of Gieseman)
Applicant: John Stevens, 2215 Graham Circle
Otto Krueger, 1906 Avalon Road
Civic Center Commission
Two 3-year vacant terms through June 29, 2010 (Terms of Brannon and Nauman)
Applicants: Susan Balsamo, 2770 Van Buren
Barb Kurt, 1304 Atlantic
Environmental Stewardship Advisory Commission
Two 3- year expired term through October 1, 2010 (Term of Buelow and Nemmers)
Applicants: Michael Buelow, 2131 Graham Circle
Edward Cawley, 598 Needham Place
Chad Oberdoerster, 420 Summit Street
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Long Range Planning Advisory Commission
One 3-year vacant term through July 1, 2009 (Term of Neumeister)
Applicants: Chad Darter, 2544 Matthew John Drive
Richard Van Iten, 3273 Bittersweet Lane
Alan Vincent, 1010 Dunham Drive (1 of 2 applications)
Mechanical Code Board
Two 3-year expired terms through March 16, 2011 (Terms of Grothe and Giese)
Applicants: Tom Giese, 395 Villa Street
David Grothe, 2544 Elm Street
Gary Hillard, 2826 Muscatine Street
TV Cable Community Teleprogramming Commission
Two 3-year vacant terms through June 30, 2009
Applicants: Thomas McDonough, 1562 Lucy Drive
Alan Vincent, 1010 Dunham Drive (2 of 2 applications)
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. 2025 Radford Road – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Mahendra &
Geeta Thakkar to rezone 2025 Radford Road from OC Office Commercial District to R-1
Single-Family Residential District and Zoning Advisory Commission recommending
approval.
ORDINANCE
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances, by reclassifying hereinafter described property located at 2025
Radford Road from OC Office Commercial District to R-1 Single-Family Residential
District
Suggested Disposition: Receive and File; Motion B; Motion A
2. Vacate and Release of Sanitary Sewer Easement
Proof of publication on notice of public hearing to consider vacating and releasing the
sanitary sewer easement across the former Block 4 of Henschel Addition as requested
by Buesing & Associates, Inc., representing North Cascade Road Developers, LLC and
City Manager recommending approval.
RESOLUTION
Disposing of interest and release in the location of an existing 20-foot
wide sanitary sewer easement across former Block 4 of Henschel Addition in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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3. Disposition of Property – Progressive Packaging, LLC
Proof of publication on notice of public hearing to consider approval of a land sale and
Development Agreement with Progressive Packaging, LLC c/o Hormel Foods
Corporation and City Manager recommending approval.
Communication from the Alliance for Construction excellence Committee of the
Dubuque Area Labor-Management Council encouraging Hormel Foods Corporation to
consider the use of local contractors, suppliers, tradesmen and women in the building of
this plant.
RESOLUTION
Approving a Development Agreement providing for the sale of
39.55 acres in the Dubuque Industrial Center West to Progressive Packaging,
LLC c/o Hormel Food Corporation
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. Elderly Transportation
Request from students from the Clarke / Loras Bi-College Social Work Group to
address the Council regarding elderly transportation.
Suggested Disposition: Receive and File; Council
2. Mystic Tattoo Inc.
Request form Jeff Davis, Mystic Tattoo Inc. requesting to address the City Council
regarding Code of Ordinance Section 23-2 – Tattooing.
Suggested Disposition: Receive and File; Council
3. Iowa Wireless Services, LLC (Tabled on March 3, 2008)
City Manager recommending approval of a lease agreement with Iowa Wireless
Services for the installation and operation of a wireless telecommunication antenna
facility in Madison Park subject to I-Wireless agreeing to two amendments.
RESOLUTION
Disposing of an interest in real property owned by the City of Dubuque
by lease agreement between the City of Dubuque, Iowa and Iowa Wireless Services,
LLC for the installation and operation of a wireless telecommunication antenna facility
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution
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4. Purchase of Property – 2106 Kniest Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2106 Kniest Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2106 Kniest Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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5. Dubuque Industrial Center West 8 Addition
City Manager recommending approval of the final plat of Dubuque Industrial Center
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West 8 Addition located off Chavenelle Road as requested by the City of Dubuque.
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RESOLUTION
Approving the Dubuque Industrial Center West 8 Addition
Suggested Disposition: Receive and File; Adopt Resolution
6. Dubuque Rescue Mission Lease
City Manager recommending approval to lease a piece of City-owned property for $1.00
per year to the Dubuque Rescue Mission to create a series of raised vegetable gardens.
Suggested Disposition: Receive and File; Approve
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 and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Jeanne F. Schneider
April 17, 2008
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