5 5 08 City Council Agenda No Icons
ROLL CALL ORDER
FOR MEETING OF 5/5/08
VOETBERG
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MAY 5, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Tim Bees, First Baptist Church
PROCLAMATIONS
Letter Carrier Food Drive Day (May 10, 2008)
All the Way Home Day (May 17, 2008)
Nursing Home Week (May 11 – 17, 2008)
Mental Health Month (May, 2008)
Bike Safety 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
Arts and Cultural Affairs Advisory Commission of 3/25; City Council of 4/21; Historic
Preservation Commission of 4/17; Investment Oversight Advisory Commission of 4/23;
Mechanical Code Board of 4/23
Proofs of publication of City Council Proceedings of April 7 and 14, 2008
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Investment Oversight Advisory Commission 60 Quarterly Report
Substance Abuse Services Center Third Quarterly Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
IC&E Railroad for property damage; Tim Kelly for vehicle damage; Renee Manders 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: Premier Linen
and Dry Cleaning for personal injury; IC&E Railroad for property damage
City Attorney recommending denial of the claim of Jessica Young for vehicle damage
Suggested Disposition: Receive and File; Concur
3. Fiscal Year 2009 Community Development Block Grant Program
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Funds for Community Development Block Grant (CDBG) program activities.
RESOLUTION
Authorizing publication of a Notice of Intent to Request Release of
Funds for certain Community Development Block Grant Projects for Fiscal Year 2009
(Program Year 2008)
Suggested Disposition: Receive and File; Adopt Resolution
4. ConAgra Foods, Inc. – Assignment of Leases
City Manager recommending approval of the assignment of three leases by ConAgra
Foods, Inc. to Freebird II, LLC.
Suggested Disposition: Receive and File; Approve
5. Dubuque Regional Humane Society
Communication from the City Manager to the Miccio Foundation in support of the
Dubuque Humane Society’s grant application for veterinary equipment.
Suggested Disposition: Receive and File
6. Citizen Communications
Communication from Gerhardt Van Drie regarding present methods for disposal of
sludge from sewage treatment plants.
Communication from Steve Kluesner, Farley IA, regarding garbage laying along the
sides of Highway 20 and littering along Kerper Court.
Communication from Laura Determan regarding the City’s ordinance on tattoo parlors.
Suggested Disposition: Receive and File; Refer to the City Manager
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7. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Interstate
Power Company Building located at 1000 Main Street has been accepted for
nomination to the National Register of Historic Places by the State National Register
Nominations Review Committee.
Suggested Disposition: Receive and File
8. Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
amendment to Enterprise Zone 2 has been approved.
Suggested Disposition: Receive and File
9. Every Child / Every Promise
Communication from Eric Dregne, Co-Chair Mississippi Valley Promise, thanking the
City Council for their support of the Every Child / Every Promise initiative.
Suggested Disposition: Receive and File
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10. Purchase of Property – 506 East 22 Street
City Manager recommending approval of the purchase of property located at 506 East
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22 Street as part of the Bee Branch Creek Restoration Project.
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RESOLUTION
Approving the acquisition of real estate located at 506 East 22 Street
in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
11. Purchase of Property – 2312 Washington Street
City Manager recommending approval of the purchase of property located at 2312
Washington Street as part of the Bee Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2312 Washington
Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
12. Purchase of Property – 2014 Kniest Street
City Manager recommending approval of the purchase of property located at 2014
Kniest Street as part of the Bee Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2014 Kniest Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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13. Purchase of Property – 510, 510½, 512 Rhomberg Street
City Manager recommending approval of the purchase of property located at 510,
510½, and 512 Rhomberg Street as part of the Bee Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 510, 510½, and 512
Rhomberg Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
14. Millworking Historic District
Communication from the Historic Preservation Commission recommending approval of
the nomination of the Dubuque Millworking Historic District to the National Register of
Historic Places.
Suggested Disposition: Receive and File; Approve
15. Four Mounds Foundation – Historic Resource Development Program (HRDP)
City Manager recommending approval of the State Historical Society of Iowa Historic
Development Program (HRDP) grant application for the Four Mounds Foundation for
interior restoration and rehabilitation of the White House.
RESOLUTION
Approving Historic Resource Development Program (HRDP) Grant
Application by Four Mounds Foundation
Suggested Disposition: Receive and File; Adopt Resolution
16. Health Choices Administrative Services Fee
City Manager recommending approval of the administrative fee presented by Health
Choices for the City’s health insurance plan for the period July 1, 2008 through June 30,
2010.
Suggested Disposition: Receive and File; Approve
17. Fifth Street Reconstruction Project – Alpine Street to Hill Street
City Manager recommending acceptance of the Fifth Street Reconstruction Project –
Alpine Street to Hill Street as completed by Horsfield Construction in the final contract
amount of $719,093.93 and the establishment of the final schedule of assessments.
RESOLUTION
Accepting the Fifth Street Reconstruction Project – Alpine Street to Hill
Street and authorizing the payment of the contract amount to the contractor
RESOLUTION
Adopting the final assessment schedule for the Fifth Street
Reconstruction Project – Alpine Street to Hill Street
Suggested Disposition: Receive and File; Adopt Resolutions
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18. 2007 Sidewalk Assessment Program
City Manager recommending approval of the levy of special assessments for the 2007
Sidewalk Inspection Program.
RESOLUTION
Adopting the final assessment schedule for the 2007 Sidewalk
Assessment Program
Suggested Disposition: Receive and File; Adopt Resolution
19. Serenity Ridge Agreement
City Manager recommending approval an agreement between the City of Dubuque
(City) and developer John Herrig (Developer) for the proposed intersection of Plaza
Drive and Derby Grange Road.
Suggested Disposition: Receive and File; Approve
20. Hawthorne Street Railroad Crossing Agreement
City Manager recommending approval of the State of Iowa Federal-Aid Grade Crossing
Safety Improvement Agreement between the Iowa Department of Transportation, the
City of Dubuque, and the Iowa, Chicago, and Eastern Railroad (IC&E Railroad) for the
construction and installation of safety improvements at the Hawthorne Street at-grade
crossing.
RESOLUTION
Approving State of Iowa Federal-Aid Grade Crossing Safety
Improvement Agreement between the Iowa Department of Transportation, the City of
Dubuque, and the Iowa, Chicago, and Eastern Railroad (IC&E Railroad) for the
construction of safety improvements at the Hawthorne Street crossing
Suggested Disposition: Receive and File; Adopt Resolution
21. Chavenelle Court – RISE Application
City Manager recommending approval of a project agreement with the Iowa Department
of Transportation for Revitalize Iowa’s Sound Economy (RISE) funding of street
improvements for Chavenelle Court in Dubuque Industrial Center West.
RESOLUTION
Approving an agreement for RISE funding with the Iowa Department of
Transportation relating to development of Chavenelle Court in the Dubuque Industrial
Center West
Suggested Disposition: Receive and File; Adopt Resolution
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22. Sustainable Land Development International (SLDI)
City Manager recommending approval of an Enterprise Zone Program Agreement
between the Iowa Department of Economic Development, the City of Dubuque and
Sustainable Land Development International.
RESOLUTION
Approving an Enterprise Zone Program Agreement between the Iowa
Department of Economic Development, the City of Dubuque and Sustainable Land
Development International
Suggested Disposition: Receive and File; Adopt Resolution
23. Quarterly Investment Report
City Manager submitting the March 31, 2008 Quarterly Investment Report.
Suggested Disposition: Receive and File
24. Enterprise Zone Appointments
City Manager recommending confirmation of two appointments to the City’s Enterprise
Zone Commission.
Suggested Disposition: Receive and File; Approve
25. Preference for Local Purchases of Goods and Services
City Manager communication to Jim Mulgrew, Mulgrew Oil Company, in response to his
request to be exempted from the City’s preference for local purchases of goods and
services.
City Attorney’s opinion regarding preference for local purchases of goods and services.
Communication from Public Works Director Don Vogt regarding purchases affected by
the local preference requirement.
Suggested Disposition: Receive and File
26. Water Pollution Control Plant Facility Planning
City Manager providing responses to questions raised at the April 14, 2008 City Council
Work Session regarding the Water Pollution Control Plant Facility.
Suggested Disposition: Receive and File
27. West 32nd Street Detention Basin – State Revolving Funds
City Manager recommending approval of the State Environmental Information
Document as a prerequisite for the use of State Revolving Loan Funds for the
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construction of the West 32 Street Detention Basin.
Suggested Disposition: Receive and File; Approve
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28. Players Bar and Grill Liquor License
City Manager recommending approval of the annual liquor license for Players Bar and
Grill located at 1902 Central Avenue for the renewal period of March 5, 2008 to March
4, 2009.
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Players Bar
and Grill
Suggested Disposition: Receive and File; Adopt Resolution
29. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit (5-Day Special Event)
to Project Concern and a Class “C” Beer Permit to Oky Doky #1 and Oky Doky #2
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Buffalo Wild
Wings Grill and Bar, Shot Tower Inn and Chance R; Special Class “C” Liquor License to
Jorja Restaurant; Class “B” Wine Permit to Oky Doky #1 and Oky Doky #2; Class
“WBN” Native Wine Permit to Flowers on Main; and a Class “WCN” Native Wine Permit
to Stone Cliff Winery
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. Groveland Place Sanitary Sewer Reconstruction Project
City Manager recommending initiation of the Groveland Place Sanitary Sewer
Reconstruction Project and that a public hearing be set for May 19, 2008 to consider
approval of the plans and specifications, form of contract and estimate of cost.
RESOLUTION
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 the advertisement for bids for the Groveland Place Sanitary Sewer
Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
2. Historic Designation – 2537 Windsor Avenue
Historic Preservation Commission recommending approval of the application of Cheryl
Walser Kramer for Individual Historic Designation for property located at 2537 Windsor
Avenue and that a public hearing be set for July 7, 2008.
Communication from Cheryl Walser Kramer regarding the application for Individually
Designated Historic Property at 2537 Windsor Avenue.
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PROPOSED ORDINANCE
Amending Chapter 25 (Historic Preservation) of the City of
Dubuque Code of Ordinances by adding Section 25-6.14(3) Establishing an individually
designated historic property at 2537 Windsor Avenue
Suggested Disposition: Receive and File; Public Hearing 7/7/08
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Human Rights Commission
One 3-year vacant term through January 1, 2010 (Term of Coan)
Applicants:
Jim Allan, 850 Hawkeye Drive
Char Eddy, 565 Sunset Ridge
TV Cable Regulatory Commission
One 3-year vacant term through June 30, 2010 (Term of Pratt)
Applicant:
Andy Bellings, 2995 Fox Hollow Road
Appointments to the following Boards/Commissions:
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
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PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. Real Estate Contract with Dubuque Community School District
Proof of publication on notice of public hearing 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 and City Manager recommending approval.
City Manager submitting information regarding the conversion of the Kephart Building to
the Multicultural Family Center.
City Manager submitting the English Language Learning Program Agreement with the
Dubuque Community School District.
RESOLUTION
Approving and authorizing execution of a real estate contract between
the City of Dubuque and Dubuque Community School District, as seller, in the principal
amount of $185,000
Suggested Disposition: Receive and File; Adopt Resolution
2. Request to Vacate – Liebe Street and Washington Street
Proof of publication on notice of public hearing to consider a request from Dubuque
Stamp and Manufacturing to vacate and purchase a portion of Liebe Street and
Washington Street and City Manager recommending approval.
RESOLUTION
Approving plat of proposed vacated portions of Liebe Street and
Washington Street
RESOLUTION
Vacating portions of Liebe Street and Washington Street
RESOLUTION
Disposing 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
3. Chavenelle Court Construction Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Chavenelle Court Construction Project and
City Manager recommending approval.
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost
for the Dubuque Industrial Center West – Chavenelle Court Construction Project
Suggested Disposition: Receive and File; Adopt Resolution
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4. Fiscal Year 2008 Budget Amendment
Proof of publication on notice of public hearing to consider the second amendment to
the Fiscal Year 2008 Budget and City Manager recommending approval.
RESOLUTION
Approving second amendment to the Fiscal Year 2008 Budget
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. Rush Street Reconstruction Project
Communication from Daniel and Mildred Boge requesting an exemption from having a
sidewalk installed along their property at 333 Villa Street.
Suggested Disposition: Receive and File; Refer to City Manager
2. 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 May 19, 2008 City Council meeting and that the enclosed Notice of
Intent to Approve Acquisition of Property by Eminent Domain be re-sent to the property
owner.
Suggested Disposition: Receive and File; Approve
3. Adult Entertainment Ordinance
City Manager recommending adoption of an ordinance amending the recently adopted
Adult Entertainment ordinance to clarify and revise several sections of the ordinance.
Communication from Chad W. Thomas, Moyer & Bergman, P.L.C., representing The
Adult Warehouse, regarding the adult entertainment licensure ordinance.
ORDINANCE
Amending City of Dubuque Code of Ordinances Chapter 31 Business
Regulations, Article X, Section 31.143 Application; Section 31.145 Standards for
Issuance or Denial of License; and Section 31.149 Regulations Applicable to all Adult
Entertainment Establishments, to clarify and revise portions or the ordinance
Suggested Disposition: Receive and File; Motion B; Motion A
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4. Dubuque Regional Airport Terminal Relocation Project
City Attorney recommending approval of the commencement of eminent domain
proceedings to acquire property for the Dubuque Regional Airport Terminal Relocation
Project.
RESOLUTION
Authorizing the commencement of eminent domain proceedings for the
acquisition of certain real property owned by Ronald Bradley, Brian Bradley and Jeff
Bradley at 10719 Merlin Lane in Dubuque County, Iowa for the Dubuque Regional
Airport Terminal Relocation Project
Suggested Disposition: Receive and File; Adopt Resolution
5. 2008 Art on the River
Arts and Cultural Affairs Advisory Commission requesting City Council concurrence with
the selection of artwork for the 2008 Art on the River competition.
Suggested Disposition: Receive and File; Approve
6. Utility Billing Policies and Procedures
City Manager recommending approval of amendments to three City ordinances relating
to delinquent utility accounts.
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 40-38 Charges –
Billing and Collection
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 44-86 Lien for
Failure to Pay
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 44-204 Payment
of Bills
Suggested Disposition: Receive and File; Motion B; Motion A
7. Beeler Tree Farm and Breitbach Tree Farm Offer
City Manager recommending acceptance of an offer made to Mayor Roy Buol from
Beeler Tree Farm and Breitbach Tree Farm for a reduced price on 4-inch diameter trees
and approval of a “Sponsor Tree Planting Program” for these trees.
Suggested Disposition: Receive and File; Approve
8. Greater Dubuque Development Corporation Board of Directors
Communication from the Greater Dubuque Development Corporation requesting
appointments to the Greater Dubuque Development Corporation Board of Directors
(currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development
Director Dave Heiar and City Council Members Joyce Connors and Kevin Lynch).
Suggested Disposition: Receive and File; Council
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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
May 1, 2008
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