Minutes City Council 6 16 08
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on June 16, 2008 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen; City Attorney Lindahl
Invocation was provided by Reverend Peter Marshall, Dubuque Bible Church.
PROCLAMATIONS
Apples for Students Months (June and July, 2008) was accepted by Sr. Inez Tunmeyer, St.
Mark’s Community Center, 1201 Locust Street; Operation We Care Month (July, 2008) was
accepted by Jim Wagner, 2425 Division Street; CPR/AED Awareness Months (June and July,
2008) on behalf of the American Red Cross, Dubuque Chapter; Bruce Wentworth Day (June
12, 2008) was accepted by Bruce Wentworth, 1855 Greyhound Road; Music on the March was
accepted by Greg Orwoll, 2260 Foye Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Connors requested (#3) Communication from Jim Giese
regarding Administrative Policy #3.10 be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 6/2 as corrected, 6/4 and 6/9;
Environmental Stewardship Advisory Commission of 5/12 and 6/3; Historic Preservation
Commission of 5/15; Housing Code Appeals Board of 4/15; Human Rights Commission of
5/12; Long Range Planning Advisory Commission of 5/21; Park and Recreation Commission of
5/13; Zoning Board of Adjustment of 5/22
Library Board of Trustees Update from Meeting of May 22, 2008
Proof of publication of City Council Proceedings of May 19, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: LaSalle Bank National Association vs. City of Dubuque, et al; DuTrac
Community Credit Union vs. City of Dubuque, et al; Dubuque Bank and Trust Company vs.
City of Dubuque et al; Vernon E. Puls for property damage; Alan B. Chidley for vehicle
damage. Upon motion the documents were received, filed, and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jonathon and Sarah
Ragan. Upon motion the documents were received, filed, and concurred.
Citizen Communications: Communication from Kevin and Dianne Koch, 285 South
Grandview Avenue, in opposition to the proposed alternate-side parking for snow removal.
Upon motion the document was received and filed and referred to the City Manager.
Communication from Jim Giese, Jim Giese Commercial Roofing Co., Inc. regarding City
Administrative Policy #3.10. Motion by Connors to receive and file the document and refer to
the City Manager with direction that this issue be brought back to the City Council at a later
date as an Action item. Seconded by Lynch. Motion carried 7-0.
GASB-45 Audit Proposals: City Manager recommending approval of a contract with
Gallagher Benefit Services, Inc. to perform a GASB-45 actuarial evaluation for the City. Upon
motion the documents were received, filed, and approved.
Consulting and Actuarial Services Agreement: City Manager recommending approval of an
Amendment to the Administrative Services Agreement with Gallagher Benefit Services for
benefit consulting and actuarial services effective July 1, 2008. Upon motion the documents
were received, filed, and approved.
Medical Plan Administration: City Manager recommending approval of an amendment to the
Administrative Services Agreement with Health Choices, Inc., for the purchase of editing
software for administration of the City’s medical plans. Upon motion the documents were
received, filed, and approved.
Port of Dubuque Brewery Development, LLC: City Manager recommending approval of the
First Amendment to the Lease Agreement between the City of Dubuque and the Port of
Dubuque Brewery Development, LLC. Upon motion the documents were received, filed, and
approved.
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. Upon motion the
documents were received and filed and Resolution No. 192-08 Approving the acquisition of
real estate located at 2106 Kniest Street in the City of Dubuque was adopted.
Historic Preservation Commission”: Communication from Keisha Wainwright advising that
she will not be applying for re-appointment to the Historic Preservation Commission. Upon
motion the document was received and filed.
Zoning Advisory Commission: Communication from Eugene J. Bird, Jr., submitting his
resignation from the Zoning Advisory Commission. Upon motion the document was received
and filed.
Multicultural Center Project: City Manager recommending approval of the publication of a
Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent
to Request Release of Funds for the Multicultural Center Project. Upon motion the documents
were received and filed and Resolution No. 193-08 Authorizing publication of a Combined
Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request
Release of Funds for the Multicultural Center Project was adopted.
2008 Justice Assistance Grant Application: City Manager recommending approval of the
2008 Justice Assistance Grant application in the amount of $20,040. Upon motion the
documents were received, filed, and approved.
Tobacco Compliance: City Manager recommending approval of Acknowledgement/
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Settlement Agreements for a first tobacco compliance violation for the 16 Street Auto Plaza,
HyVee, Inc., Oky Doky #2, Econo Foods #471, Kwik Stop, and Plaza 20 BP, a second tobacco
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compliance violation for Oky Doky #8 and Casey’s General Store, and a third tobacco
compliance violation for Hartig Drug Company #4. Upon motion the documents were received,
filed, and approved.
2008 Commercial Equipment Direct Assistance Program (CEDAP) Grant: City Manager
recommending approval of the submission of the 2008 Commercial Equipment Direct
Assistance Program (CEDAP) grant application to the Federal Emergency Management
Agency / U.S. Department of Homeland Security Administration. Upon motion the documents
were received, filed, and approved.
Stipulation of Settlement – First National Bank: City Attorney submitting a Stipulation of
Settlement of three tax assessment appeals of First National Bank for property located at 270
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West 7 Street. Upon motion the documents were received, filed, and approved.
2008 Asphalt Paving Program: City Manager recommending award of the public
improvement contract for the 2008 Asphalt Paving Program to River City Paving, Inc. in the
amount of $208,354.63. Upon motion the documents were received and filed and Resolution
No. 194-08 Awarding public improvement contract for the 2008 Asphalt Paving Program was
adopted.
Zoning Advisory Commission: Communication from Jeff Stiles, 3108 Central Avenue, in
support of Patrick Norton’s application to the Zoning Advisory Commission. Upon motion the
document was received and filed.
Snow Removal Assessment: City Manager recommending approval of the Final Assessment
Schedule for the 2007 – 2008 snow removal and right-of-way obstruction removal in the
amount of $8,125. Upon motion the documents were received and filed and Resolution No.
195-08 Adopting the final assessment schedule for the Snow Removal Assessment – Right-of-
Way Obstruction Removal Assessment Project was adopted.
Community Economic Betterment Account Contract: City Manager recommending approval
of the Community Economic Betterment Account contract with the Iowa Department of
Economic Development for Medline Industries, Inc. Upon motion the documents were received
and filed and Resolution No. 196-08 Authorizing a Community Economic Betterment Account
(CEBA) contract on behalf of Medline Industries, Inc. was adopted.
Dubuque Industrial Center West – Chavenelle Court 2008 Project: City Manager
recommending award of the public improvement contract for the Dubuque Industrial Center
West – Chavenelle Court 2008 Project to Horsfield Construction, Inc. in the amount of
$598,247.63. Upon motion the documents were received and filed and Resolution No. 197-08
Awarding public improvement contract for the Dubuque Industrial Center West – Chavenelle
Court 2008 Project was adopted.
Dubuque County Board of Health: City Manager recommending approval of a letter of
support for the Harkin Wellness Grant Application being submitted by the Dubuque County
Board of Health. Upon motion the document was received, filed, and approved.
Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending
acceptance of the proposal from Companion Life for the City’s Specific and Aggregate Stop
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Loss Insurance. Upon motion the documents were received, filed, and approved.
Middle Fork Catfish Creek Hike/Bike Trail Feasibility Study: City Manager recommending
approval to negotiate a contract with MSA Professional Services for the Middle Fork Catfish
Creek Hike/Bike Trail Feasibility Study for the proposed fee of $55,400. Upon motion the
documents were received, filed, and approved.
North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project: City
Manager recommending approval of the State Environmental Information Document that is a
prerequisite for the use of State Revolving Loan Funds. Upon motion the documents were
received, filed, and approved.
Asbury Plaza Area Wastewater Pumping Facilities Project: City Manager recommending
approval of an agreement with Interstate Power and Light Company whereby Interstate will
extend electric distribution facilities to the two pump stations associated with the Asbury Plaza
Area Wastewater Pumping Facilities 2007 Project. Upon motion the documents were received,
filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 198-08
Granting the issuance of 34 cigarette license renewals; Resolution No. 199-08 Granting the
issuance of a Class “B” Beer Permit to Colts Community Center; and a Class “C” Beer Permit
to Haun’s Specialty Meats and Pioneer’s Rest Area; and Resolution No. 200-08 Granting the
issuance of a Class “C” Beer/Liquor License to Diamond Jo Casino, Applebee’s Grill, American
Legion, Dubuque Bowling Lanes, Creslanes Bowling, Five Flags Center, Paul’s Tavern, Hi Ho
Mongolian Grill, and Murphs South End; Special Class “C” Liquor License to Pizza Hut – 320
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East 20, Pizza Hut – 2075 John F. Kennedy Road, Rotary Club, and Monks Kaffee Pub; Cass
“B” Wine Permit to Basket Expressions and Ooh La La; and Class “WBN” (Native Wine) Permit
to Diamond Jo Casino were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion
carried 7-0.
Terminal Street Pumping Station Project: City Manager recommending initiation of the public
bidding process for the Terminal Street Pumping Station Project and that a public hearing be
set for July 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. 201-
08 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting
date of public hearing and ordering bids for the Terminal Street Pumping Station Project was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 4, 2008, in
the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Historic Preservation Commission: Two 3-year expiring terms through July 1, 2011 (Terms
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of Wand, Architect/At-Large; and Wainwright, Langworthy District), One 3-year vacant term
through July 1, 2012 (Term of Coty, Cathedral District). Applicant: Chris Wand, 940 Mt.
Pleasant Street (Architect/At-Large requirement). Motion by Connors to appoint Chris Wand to
the Historic Preservation Commission for a 3-year term through July 1, 2011. Seconded by
Voetberg. Motion Carried 7-0.
Investment Oversight Advisory Commission: One 3-year expiring term through July 1, 2011
(Term of Blocker). Applicant: Virgil Blocker, 1850 Carter Road. Motion by Braig to appoint Virgil
Blocker to the Investment Oversight Commission for a 3-year term through July 1, 2011.
Seconded by Jones. Motion carried 7-0.
Long Range Planning Advisory Commission: Two 3-year expiring terms through July 1,
2011 (Terms of Krueger and Oswald). Applicants: Lou Oswald, 1080 Nowata Street; Richard
Van Iten, 3273 Bittersweet Lane; Alan Vincent, 1010 Dunham Drive (application resubmitted).
Upon unanimous roll call vote, Richard Van Iten and Alan Vincent were appointed to the Long
Range Planning Advisory Commission for 3-year terms though July 1, 2011.
Park and Recreation Advisory Commission: Three 3-year expiring terms through June 30,
2011 (Terms of Blocklinger, Daykin, and Nadeau). Applicants: Mark Noble, 1810 Rosemont
Street; Tom Blocklinger, 3177 Erie Court; Evelyn Nadeau, 663 Fenelon Place. Motion by
Connors to appoint Mark Noble, Tom Blocklinger, and Evelyn Nadeau to the Park and
Recreation Advisory Commission for 3-year terms through June 30, 2011. Seconded by
Voetberg. Motion carried 7-0.
TV Cable Community Teleprogramming Commission: Three 3-year expired terms through
June 30, 2011 (Terms of Maloney, Herrig, and Hoverman). Applicants: Pauline Maloney, 506
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St. George Street; George Herrig, 2395 West 32 Street (Additional Applicant). Motion by
Connors to appoint Pauline Maloney and George Herrig to the TV Cable Community
Teleprogramming Commission for 3-year terms through June 30, 2011. Seconded by Braig.
Motion carried 7-0.
TV Cable Regulatory Commission: Two 3-year expiring terms through June 30, 2011
(Terms of Tigges and Webster). Applicants: Kenneth Miller, 195 Julien Dubuque Drive; Walt
Webster, 3509 Asbury Road; Ron Tigges, 4927 Wildflower Drive (Additional Applicant). Upon
roll call vote Walt Webster and Ron Tigges were appointed to the TV Cable Regulatory
Commission for 3-year terms through June 30, 2011.
Zoning Advisory Commission: Three 3-year expiring terms through July 1, 2008 (Terms of
Christ, Schiltz and Smith); One 3-year vacant term through July 1, 2010 (Term of Bird).
Applicants: Martha Christ, 88 Princeton; Thomas Henschel, 995 June Drive; Richard Schiltz,
2381 Carter Road; Ron Smith, 1640 Justin Lane; Ferd Nesler, 4125 Mt. Alpine Street; Patrick
Norton, 2739 Burden Avenue (Additional Applicant). Upon roll call vote Martha Christ, Tom
Henschel, and Ron Smith were appointed to the Zoning Advisory Commission for 3-year terms
through July 1,2011; and Patrick Norton was appointed to a 3-year vacant term through July 1,
2010.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Request to Annex - Property South of Old Highway Road and West of Railroad Line (Tabled
on June 2, 2008): 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.
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Motion by Connors to receive and file the documents and conduct a public hearing.
Seconded by Jones. Motion carried 7-0. Toby Kress, 12998 English Mill Road, requested that
after the public hearing action on the annexation be tabled to July 21,2008. He stated that
weather has delayed the installation of galvanized culverts that would have to be replaced with
more costly concrete culvert required by the City should the installation occur after annexation.
Upon discussion it was revealed that the road requiring the culvert was private property and
exempt from the City’s culvert requirements. Jones questioned if a condition could be added to
the ordinance that the road Mr. Kress referenced remain private. Lynch concurred with the City
Manager stating that this could be a problem in the future. Joe Vize, 12055 Cottingham Road
stated that he and the neighbors met with Mr. Kress regarding their concerns but there is no
legal contract to insure Mr. Kress will fulfill requests. William Chesterman, 12085 Cottingham
Road, expressed concerns about Mr. Kress not doing the project, selling the land, and the
potential then for heavy industrial development. Mr. Chesterman reminded the City Council of
the County Board of Supervisors and the City’s Zoning Advisory Commission’s denial of the
project. Gary Johnson, 12098 Cottingham Road, expressed concerns about future changes in
zoning from Light Industrial to Heavy Industrial, the rail spur, and who will provide police and
fire services. Upon questioning, Planning Services Manager Laura Carstens stated that this
was similar to “flag pole” annexation. She stated that if approved, it would go before the City
Development Board. She was confident the Development Board would approve the project.
Motion by Connors to table a proposed resolution approving an application for Voluntary
Annexation of Property South of Old Highway Road and West of Railroad Line. Seconded by
Jones. Motion carried 6-1 with Lynch voting nay.
Disposal of City Property West of Shiras Avenue: Proof of publication on notice of public
hearing to consider a request from Kevin and Paula Wade to purchase a portion of City-owned
property adjacent to 2290 Shiras Avenue and City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 202-08 Disposing of
City interest in Lot 2 of Park View No. 2 in the City of Dubuque, Dubuque County, Iowa.
Seconded by Jones. Motion carried 7-0.
Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optic
Project: Proof of publication on notice of public hearing to consider approval of the plans and
specifications, form of contract and estimated cost for the Locust Street Connector and Central
Avenue Traffic Control Camera and Fiber Optic Project and City Manager recommending
approval. Motion by Jones to receive and file the documents and adopt Resolution No. 203-08
Approving plans, specifications, form of contract, and estimated cost, setting date of public
hearing and ordering bids for the Locust Street Connector and Central Avenue Traffic Control
Camera and Fiber Optic Project. Seconded by Connors. Motion carried 7-0.
Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to
consider the issuance of not to exceed $1,141,000 Sewer Revenue Capital Loan Notes (State
of Iowa Revolving Fund Loan) for construction of the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements, Phase I Sanitary Sewer Project and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 204-08 Instituting proceedings to take additional action for the authorization of
a loan and disbursement agreement and the issuance of not to exceed $1,141,000 Sewer
Revenue Capital Loan Notes. Seconded by Lynch. Motion carried 7-0.
Bricktown Parking Lot: Proof of publication on notice of public hearing to consider approval
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of a loan from Dubuque Initiatives in the amount of $400,000 to finance the purchase of the
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Bricktown Parking Lot located on the southeast corner of Locust and 3 Streets and a
purchase agreement with Paul M. Fahey for the Bricktown Parking Lot and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 205-08 Approving and authorizing execution of a Loan Agreement between the
City of Dubuque and Dubuque Initiatives, in the principal amount of $400,000; and Resolution
No. 206-08 Approving an agreement for the purchase of real estate in the City of Dubuque,
Iowa from Paul M. Fahey. Seconded by Voetberg. Resnick questioned the potential for soil
problems through the IDNR due to the gas station that previously occupied the site. Economic
Development Director Dave Heiar stated that he met with Terracon last week and expected
minimal problems. Van Milligen responded to a question by Connors stating that Bricktown will
pay the City $1,000 per month to guarantee they will have a parking lot. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the
Greater Dubuque Development Corporation, provided a verbal report on the activities of
GDDC. Motion by Lynch to receive and file the report. Seconded by Jones. Motion carried 7-0.
Request to Address the City Council – Shirley Schroeder: Request of Shirley Schroeder,
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250 West 6 Street, to address the City Council regarding the installation of a traffic signal at
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West 6 Street and Locust Street. Motion by Voetberg to receive and file the document and
refer to the City Manager. Seconded by Connors. Shirley Schroeder stated that there are
problems crossing the street at that intersection and asked that something be done before
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someone is killed. Voetberg suggested moving the light currently at 7 and Locust Streets to
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the 6Street intersection. Motion carried 7-0
Request to Address the City Council – Kathy Bitter: Communication from Kathy Bitter, 1460
Miller Road, requesting that City water be extended to Miller Road. Motion by Lynch to receive
and file the document and refer to the City Manger and brought back to the City Council.
Seconded by Jones. Ms. Bitter stated that her request to have water extended to her home
has been denied twice despite being connected to one home in 2004. She also expressed a
concern over fire protection since there is only one hydrant. Upon questioning by Council it
was determined that hydrants are generally placed approximately every 500 feet. The area
was annexed in 1979 and at that time there was no interest in having water extended to the
existing homes. Water Department Manager Bob Green stated that previously there has been
no interest on the part of the residents to commit to connecting to the water system if it was
extended. He stated that if the neighbors presented a petition commiting to connection the
extension could be included in the Capital Improvement Project budget for Fiscal Year 2010.
Motion carried 7-0.
Request to Address the City Council – Gerald Hirsch: Request of Gerald Hirsch to address
the City Council regarding the denial of his claim for property damage. Motion by Jones to
receive and file the document and refer to the City Manager with direction that a report be
brought back to the City Council at a future meeting. Seconded by Connors. Gerald Hirsch,
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757 W. 3 Street, provided a history of the problems with his sewer stating that the installation
of a water line under the sewer line by the City caused the problem. Lindahl stated that the City
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is liable if it had prior knowledge of the problem, and there have been no prior claims at this
residence. Motion carried 7-0.
Request to Rezone – Property South of Old Highway Road and West of Railroad Line (Third
Reading): City Manager submitting a revised ordinance to include the condition that a
minimum of 200 evergreens be planted along the west and south sides of the property as
depicted on Exhibit A.
Communications from Rose Marie McClain, 15866 McClain Lane; Bev Metcalf, 15693
McClain Lane; Joe Vize, 12055 Cottingham Road; Deb Vize, 12055 Cottingham Road and
Gary Johnson, 12089 Cottingham Road in opposition to the proposed rezoning.
Motion by Connors to receive and file the documents and consider the final reading and
passage of Ordinance No. 40-08 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. Seconded by Braig. Motion carried 6-1
with Resnick voting nay.
Request to Annex - Property South of Old Highway Road and West of Railroad Line (Tabled
following Public Hearing): 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.
Motion by Jones to remove from the table. Seconded by Connors. Motion carried 7-0.
Motion by Jones to adopt Resolution No. 207-08 Approving an Application for Voluntary
Annexation of property south of Old Highway Road and west of Railroad Line. Seconded by
Connors. Motion carried 6-1 with Resnick voting nay.
Raymond Place: Communication from Tom, Mary, Mark and Patricia Schreiber regarding the
440 Raymond Place condominium project and vested rights. Motion by Voetberg to receive
and file the document. Seconded by Jones. Motion carried 6-1 with Lynch voting nay.
Fiscal Year 2009 Property Tax Rate: City Manager advising that the Fiscal Year 2009
property tax rate will be $9.97 per thousand dollars of assessed valuation instead of the $10.09
per thousand dollars of assessed valuation as originally budgeted. Motion by Voetberg to
receive and file the documents. Seconded by Connors. Motion carried 6-0 (Jones out of room)
Development Moratorium for Iowa 32 (Southwest Arterial) Corridor: City Manager
recommending approval of the extension of the development moratorium in the Iowa 32
(Southwest Arterial) Corridor to July 1, 2010. 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 Lynch. Voetberg questioned what will happen between now and
2010. Van Milligen responded that a firm would be hired to develop the final plan and to assist
with property acquisition in 2008 and that it was anticipated that the majority of the acquisition
would be completed by 2010. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 41-08 Amending
the City of Dubuque Code of Ordinances by amending Chapter 11 (Buildings and Building
Regulations) Section 11-58.3, by amending Chapter 42 (Subdivision Regulations) Section 42-
16, and by amending Appendix A (the Zoning Ordinance) Section 4-4.2(A) and Section 6-
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1.5.5, Extending the Development Moratorium for the Iowa 32 (Southwest Arterial) Corridor to
July 1, 2010. Seconded by Jones. Motion carried 7-0.
Bluff Overlay Moratorium: City Manager recommending approval of a revised moratorium for
the Proposed Bluff Overlay District which excludes Priority B bluff overlay areas. Motion by
Connors to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 42-08 Amending
Ordinance No. 37-08 Establishing a moratorium on the issuance of building permits for the
construction of new principal structures in the Bluff Overlay District by deleting from the Bluff
Overlay District those areas designated as Priority B. Seconded by Braig. Motion carried 7-0.
Holiday Parking Meter Enforcement: City Manager recommending approval of the addition
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of Veterans’ Day, the day after Thanksgiving, December 24 and December 31 to the list of
days when there would be no parking meter enforcement. Motion by Jones to receive and file
the documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Voetberg. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 43-08 Amending
City of Dubuque Code of Ordinances Section 32-321.1 Definitions by adding Veteran's Day,
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the Day after Thanksgiving, December 24, and December 31as holidays. Seconded by
Braig. Motion carried 7-0.
Chapter 32 – Traffic Ordinance (Tabled on April 7, 2008): City Manager recommending
approval of proposed changes to Chapter 32 of the Code of Ordinances regarding traffic.
Motion by Jones to remove from table. Seconded by Connors. Motion carried 7-0.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 44-08 Amending the
City of Dubuque Code of Ordinances by repealing Chapter 32 Motor Vehicles and Traffic and
adopting a new Chapter 32 Motor Vehicles and Traffic in lieu thereof. Seconded by Lynch.
Motion carried 7-0
Outsourcing of Pet License Sales: City Manager recommending approval to negotiate a
contract with PetData for the outsourcing of pet license sales. Motion by Jones to receive, file
and approve. Seconded by Connors. Motion carried 7-0.
Carbon Disclosure Project (CDP): City Manager recommending that the City accept an
invitation to participate in the Carbon Disclosure Project (CDP) through the International
Council for Local Environmental Initiatives (ICLEI). Motion by Lynch to receive, file and
approve. Seconded by Connors. Connors thanked Assistant City Manager Cindy Steinhauser
for her involvement with this issue. Motion carried 7-0.
Bee Branch Creek Restoration Project: City Manager recommending approval of the release
of a Request for Proposals to identify a consultant to prepare the final design, prepare
construction/bid documents, and perform construction observation for the Bee Branch Creek
Restoration Project. Motion by Connors to receive, file and approve. Seconded by Jones.
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Upon questioning Connors was informed that public input is part of the RFP and will involve
neighborhood meetings. Motion carried 7-0
Regional Workforce Investment Board (RWIB): Communication from Wendy Mihm-Herold,
Iowa Workforce Development, requesting that the City submit two nominations for appointment
of one representative to the Region 1 Workforce Investment Board. Motion by Connors to
receive and file the documents and nominate Dirk Voetberg. Seconded by Braig. Motion
carried 7-0.
Carter Road – Speed Limit: City Manager recommending that the speed limit on Carter
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Road between West 32 Street and Kane Street be increased from 25 mph to 35 mph. 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 Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 45-08 Amending
the Code of Ordinances of the City of Dubuque, Iowa by revising Subsection C of Section 32-
231 thereof providing for the establishment of speed limits on Carter Road. Seconded by
Braig. Motion carried 7-0
PUBLIC INPUT
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Alan Carew, 181 W. 8 Street, questioned whether 440 Raymond Place would be exempted
from the proposed Bluffland ordinance.
CLOSED SESSION
Motion by Jones at 9:20 p.m. to convene in closed session regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa, and Collective
Bargaining Strategy – Iowa Code Chapter 20.17(3). Seconded by Braig. Motion carried 7-0.
Motion by Jones at 10:27 to reconvene in open session stating that staff had been given
proper direction. Seconded by Braig. Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 10:28 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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