5 19 08 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF
5/19/08
VOETBERG
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MAY 19, 2008
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor Peter Marshall, Dubuque Bible Church
PROCLAMATIONS
Senator Mike Connolly Day (May 19, 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 5/5/08; Civil Service Commission of 4/10/08; Human Rights of 4/14/08;
Park and Recreation Commission of 4/8/08; Zoning Advisory Commission of 5/7/08;
Zoning Board of Adjustment of 4/24/08;
Proof of Publication of City Council Proceedings of 4/21/08
Proof of Publication of List of Claims and Summary of Revenues for Month Ended
March 31, 2008
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Spring Connolly for vehicle damage; Deneen Milton for property damage; Cody Stuter
for vehicle damage; John White vs. City of Dubuque; Marion O’Mara 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: Deneen Milton
for property damage; Mary Ransdell for property damage; Cody Sutter for vehicle
damage.
Suggested Disposition: Receive and File; Concur
3. Request to Vacate
Communication from Kevin and Paula Wade requesting to purchase a portion of City-
owned property adjacent to 2290 Shiras Avenue.
Suggested Disposition: Receive and File, Refer to City Manager
4. Civil Service Commission
Civil Service Commission submitting certified lists for Traffic Signal Technician II and
Truck Driver.
Suggested Disposition: Receive and File; Make Matter of Record
5. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Dubuque
Millworking District will be considered by the State National Register Nominations
Review Committee for nomination to the National Register of Historic Places.
Suggested Disposition: Receive and File
6. Citizen Communication
Thomas and Cinda Welu submitting correspondence opposing the removal of trees
along the riverfront near the Star Brewery.
Suggested Disposition: Receive and File
2
7. YMCA of Dubuque Letter of Support
City Manager submitting a letter of support for the YMCA of Dubuque’s Pioneering
Healthy Communities Grant.
Suggested Disposition: Receive and File; Approve
8. Urban Deer Management Program
City Manager requesting approval of the City’s 2008-2009 Urban Deer Management
Plan.
Suggested Disposition: Receive and File
9. Purchase of Property – 2128 Kniest Street
City Manager recommending approval of the purchase of property located at 2128
Kniest Street as part of the Bee Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2128 Kniest Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
th
10. Purchase of Property – 320 East 24 Street
City Manager recommending approval of the purchase of property located at 320 East
th
24 Street as part of the Bee Branch Creek Restoration Project.
th
RESOLUTION
Approving the acquisition of real estate located at 320 East 24 Street
as part of the Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Adopt Resolution
11. Acceptance of Deed – Arthur P. Fommelt Estate
City Manager recommending acceptance of the deed to property from the Arthur P.
nd
Frommelt estate for the 32 Street Detention Basin Project.
RESOLUTION
Accepting the deed to certain real estate in Dubuque County, Iowa from
the Estate of Arthur P. Frommelt
Suggested Disposition: Receive and File; Adopt Resolution
12. Dubuque Marina Lease
City Manager recommending assignment of two lease agreements between Dubuque
Marina, Inc. to M&K, Ltd., and between M&K, Ltd., and East Dubuque Savings Bank.
Suggested Disposition: Receive and File: Approve
3
13. Terrace Estates Third Addition
City Manager recommending acceptance of the public improvements on Enstrom Court
and Cessna Drive which the developer, Terrace Homes, LLC, has recently completed in
Terrace Estates Third Addition.
Suggested Disposition: Receive and File; Adopt Resolution
th
14. Request for Proposals – 18 Street Office Facility Re-Occupancy
City Manager recommending approval of the issuance of a request for proposals for re-
occupancy of the former Housing and Community Development Department offices at
th
18 Street and Central Avenue.
Suggested Disposition: Receive and File; Approve
15. Request for Proposals – Bee Branch Historic District Mitigation Plan
City Manager recommending approval of the issuance of a request for proposals to
identify a consultant to prepare and implement the Bee Branch Historic District
Mitigation Plan as required for the Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File; Approve
16. Request for Proposals – Kephart Building Renovation
City Manager recommending approval of the issuance of a request for proposals for
architectural design and construction administration services for the Kephart Building
Improvement Project.
Suggested Disposition: Receive and File; Approve
17. Request for Proposals – Riverside Marina Project
City Manager recommending approval of the issuance of a request for proposals for
professional consultant services to complete the preliminary development,
environmental review, final design and construction documents for the Port of Dubuque
Riverside Marina Project.
Suggested Disposition: Receive and File; Approve
18. Warehouse District Master Plan
City Manager recommending approval of acceptance of a financial assistance award in
the amount of $75,000 from the Economic Development Administration for a
Warehouse District Master Plan
Suggested Disposition: Receive and File; Approve
19. Legislative Correspondence
City Manager submitting correspondence to Senators Tom Harkin and Charles Grassley
urging opposition to S.2123 Public Safety Employer-Employee Cooperation Act of 2007
Suggested Disposition: Receive and File; Approve
4
20. Iowa Department of Education
City Manager submitting correspondence to the Iowa Department of Education in
support of the Dubuque Community School District’s application to the State wide
Voluntary Preschool Program for Four-Year-Old Children.
Suggested Disposition: Receive and File
21. PEG Capital Grant Expenditure Request
City Manager recommending approval of three requests for funding from the Capital
Grant for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
22. Transit Board of Trustees
Sara Davidson submitting her resignation from the Transit Board of Trustees effective
with the end of her term July 30, 2008.
Suggested Disposition: Receive and File; Accept Resignation
23. Amendment to Real Estate Contract – Kephart Building
City Manager recommending approval of an amendment to the real estate contract
between the Dubuque Community School District and City of Dubuque for the Kephart
Building naming the City of Dubuque as an additional insured.
Suggested Disposition: Receive and File; Approve
24. Towing Contract Rate Increase
City Manager recommending approval of a request from Wenzel Towing to increase
rates related to the City of Dubuque towing contract.
Suggested Disposition: Receive and File; Approve
25. 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)
for Courtside Sport Bar and Catfish Festival (Sunday Sale); Class “C” Beer Permit for
Awn Stop Mart #2, Lein Oriental American Food Store, Keywest Conoco, Beecher
Beverage, Hartig Drug, Hy-Vee Dodge Street
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Denny’s
Lux Club, Kalmes Breaktime Bar, Easy Street, Busted Lift, Clarke College; Special
Class “C” Liquor (5 Day Special Event) License to Dubuque Jaycees; Hy-Vee Dodge
Street, Beecher Beverage, and Hartig Drug
Suggested Disposition: Receive and File; Adopt Resolutions
5
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. 2008 Asphalt Paving Program
City Manager recommending initiation of the public bidding process for the 2008 Asphalt
Paving Program and that a public hearing be set for June 2, 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 and ordering bids for the 2008 Asphalt
Paving Program
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/2/08
2. Vanguard Countertops, Inc., Development Agreement
City Manager recommending that a public hearing be set for June 2, 2008 to consider
approval of a Development Agreement disposing of land to Maylay Holdings, LLC for an
office/manufacturing office complex for Vanguard Countertops, Inc.
RESOLUTION
Intent to dispose of an interest in City of Dubuque real estate and fixing
the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
proposed issuance of urban renewal tax increment revenue obligations and the
execution of a development agreement relating thereto with Maylay Holdings, LLC and
Vanguard Countertops, Inc., and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution, 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.
Electrical Code Board
Three 3-year expired terms through May 21, 2011 (Terms of Mueller, Reiss, Pfohl) Electrical
experience requirement
Applicant:
Elaine Reiss, 2222 Roosevelt Street
Kevin Pfohl, 1878 Hummingbird Drive
Housing Code Appeals Board
Two 3-year, vacant terms through January 11, 2009, and January 11, 2011 (Terms of Durley
and Moore respectively)
Applicant:
Paul Newman, 2317 Queen Street
6
Appointments to the following Boards/Commissions:
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
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. Request To Rezone – Property South of Old Highway Road and West of Railroad
Line
Proof of publication on notice of hearing to consider 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, and Zoning Advisory Commission recommending denial.
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; Concur with Denial; or Motion B, Motion
A
2. Request to Annex - Property South of Old Highway Road and West of Railroad
Line
Proof of publication on notice of hearing and City Manager recommending approval of
the annexation of property south of Old Highway Road and west of railroad line in
conjunction with rezoning.
Communication from the Planning Services Manager providing information on the
Request for Voluntary Annexation by Toby Kress, Kress Industrial Facility
RESOLUTION
Approving an Application for Voluntary Annexation of Property South of
Old Highway Road and West of Railroad Line
Suggested Disposition: Receive and File; Adopt Resolution
7
3. Groveland Place Sanitary Sewer Reconstruction Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Groveland Place Sanitary Sewer
Reconstruction Project and City Manager recommending approval.
RESOLUTION
Approval of plans, specifications, form of contract, and estimated cost
for the Groveland Place Sanitary Sewer Reconstruction Project
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. Citizen Communication – Pet Licensing
Lee Harlow Andre requesting to address the City Council regarding pet licensing.
Suggested Disposition: Receive and File; Refer to City Manager
2. Citizen Communication – Bluff Top Development
Tom Schreiber and Mark Schrieber requesting to address the City Council regarding a
proposed bluff top development.
Suggested Disposition: Receive and File; Refer to City Manager
3. Eminent Domain Proceedings – 409 Burch Street
City Attorney recommending commencement of eminent domain proceedings to acquire
the property at 409 Burch Street.
RESOLUTION
Authorizing the commencement of eminent domain proceedings for the
acquisition of certain real property owned by John White at 409 Burch Street in the City
of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
4. Individually Designated Historic Property – 40-42 Main – Tabled on 5/17/07
City Manager recommending that the application for Individual Historic Designation of
40-42 Main Street be removed from the table and that a public hearing be set for June
2, 2008, for consideration of the nomination.
Communication from the Chris Miller regarding the application for Individually
Designated Historic Property at 40-42 Main.
8
PROPOSED ORDINANCE
Approving Individual Historic Designation for property
located at 40-42 Main.
Suggested Disposition: Remove from Table; Receive and File; Public Hearing
6/2/08
5. Pebble Cove Subdivision
City Manager recommending approval of the final plat for Pebble Cove Subdivision
located west of John F. Kennedy Road and south of the Northwest Arterial.
RESOLUTION
Approving the final plat for Pebble Cove Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
6. Pebble Cove Subdivision #2
City Manager recommending approval of the final plat of Pebble Cove Subdivision #2
located west of John F. Kennedy Road and south of the Northwest Arterial.
RESOLUTION
Approving the final plat of Pebble Cove Subdivision #2
Suggested Disposition: Receive and File; Adopt Resolution
7. Rush Street Reconstruction Project
City Manager recommending denial of the exemption request from Dan and Mille Boge
for having a sidewalk installed along their property at 333 Villa Street.
Suggested Disposition: Receive and File; Council
8. Historic Preservation Revolving Loan Fund – Private Retaining Walls
City Manager recommending approval of extending eligibility for the Historic
Preservation Revolving Loan Fund to include the repair and reconstruction of private
retaining walls that are an integral, structural part of a property.
Suggested Disposition: Receive and File; Approve
9. Chavenelle Court Construction Project
City Manager recommending that all bid proposals received for the Chavenelle Court
Construction Project be rejected and the project re-bid.
RESOLUTION
Rejecting the contract bid proposals for the Dubuque Industrial Center
West – Chavenelle Court 2008 Project and ordering that the project be re-bid
Suggested Disposition: Receive and File: Adopt Resolution
9
10. Snow Route Parking Restriction System
City Manager recommending revisions to Dubuque’s snow route parking restriction
system as stipulated in Section 32-321.682 of the Code of Ordinances.
Communication from Kristopher Miller expressing his concerns over snow removal.
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 32-321.682
snow route, restricted parking
Suggested Disposition: Receive and File; Motion B, Motion A
11. Amendments to Housing Code and Fee Schedule
City Manager recommending approval of an ordinance amending City of Dubuque Code
of Ordinances, Chapter 26, Housing Regulations authorizing a fee be charged for an
owner’s failure to be present at a scheduled inspection and a proposed fee for rental
unit re-inspections.
ORDINANCE
Amending the Code of Ordinances, City of Dubuque, Iowa, Chapter 26,
Housing Regulations, by repealing Section 26-7(b)(2) relating to inspection
requirements for all licensed dwellings and adopting in lieu thereof a new subsection (2)
relating to inspection requirements for licensed dwellings
Suggested Disposition: Receive and File; Motion B, Motion A
nd
12. Award of Contract – West 32 Street Detention Basin
City Manager recommending award of the public improvement contract for the West
nd
32 Street Detention Basin Project to Tschiggfrie Excavating requesting City Council
direction on the style of fencing to be used.
RESOLUTION
Awarding contract to Tschiggfrie Construction Company
Suggested Disposition: Receive and File: Adopt Resolution; Council
13. Biosolids Treatment
City Manager recommending that a public hearing be set for July 7, 2008 to consider
approval of a facility planning process and schedule for biosolids treatment at the Water
Pollution Control Plant.
Correspondence from Gerhardt Van Drie regarding sludge handling.
Suggested Disposition: Receive and File; Set Public Hearing 7/7/08
10
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
Kevin S. Firnstahl
Assistant City Clerk
11