1 20 09 City Council Agenda_Icons
ROLL CALL ORDER
FOR MEETING OF
1/20/09
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
TUESDAY, JANUARY 20, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor Wayne Whittenbaugh, Apostolic Christian Church
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
Airport Commission of 10/27; Arts and Cultural Affairs Advisory Commission of 10/28;
Cable TV Teleprogramming Commission of 12/2; City Council of 1/5 and 1/6; Zoning
Advisory Commission of 1/7; Zoning Board of Adjustment of 12/18
Proofs of publication of City Council Proceedings of December 15, 2008 and List of
Claims and Summary of Revenues for Month Ending November 30, 2008
Suggested Disposition: Receive and File
AirportACAACCable TV City Council of 1/5City Council of 1/6
Teleprogramming
Zoning AdvisoryZoning Bd of
Adjustment
2. Notice of Claims/Suits
Scott D. Hos for vehicle damage; Karen Lyness for personal injury; Jacob R. Bellings for
vehicle damage; Joan M. Miller for personal injury; Judd Billmeyer for vehicle damage;
Paul Swartzel for vehicle 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: William Latham
for personal injury; EMC Insurance Companies, representing Karen Lyness, for
personal injury; Noel Ploessl for vehicle damage; Jacob Bellings for vehicle damage;
Judd Billmeyer for vehicle damage; Jim David for property damage; Joan Miller for
personal injury
City Attorney recommending settlement of the claim of Bonjour Estates for property
damage
Suggested Disposition: Receive and File; Concur
Claims - ICAPClaim - Settled
3. City Development Board
Steven R. McCann, City Development Board Administrator, submitting the Filing of
Written Decision and the Findings of Fact and Conclusions of Law and Determination in
the matter of the City of Asbury Voluntary Annexation within the Urbanized Area of the
City of Dubuque, Iowa.
Suggested Disposition: Receive and File
Filing of Written Findings of Fact
Decision
2
4. Iowa Department of Transportation
Communication from the Iowa Department of Transportation advising that IDOT intends
to renew the corridor preservation zone along U.S. 20 from the Peosta interchange
easterly to near the intersection with the Northwest Arterial.
Suggested Disposition: Receive and File
IDOT Letter
5. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Stock Clerk,
Mechanic, and Parking System Technician.
Suggested Disposition: Receive and File; Make a Matter of Record
Stock ClerkMechanicParking System
Technician
6. Crescent Heights Subdivision
City Manager recommending acceptance of the public improvements which the
developer, McDermott Real Estate, LLC, has recently completed in Crescent Heights
Subdivision.
RESOLUTION
Accepting improvements in Crescent Heights Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Crescent Heights -
Crescent Heights - Crescent Heights - Crescent Heights -
Vicinity Map
MVM MemoStaff MemoResolution
7. Arbor Estates – Phase 3 Subdivision
City Manager recommending acceptance of the public improvements which the
developer, Kivlahan Farms, LC, has completed in Arbor Estates Subdivision - Phase 3
in the City of Dubuque, Iowa.
RESOLUTION
Accepting improvement in Arbor Estates – Phase 3 Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Arbor Estates -
Arbor Estates - MVM Arbor Estates - Staff Arbor Estates -
Vicinity Map
MemoMemoResolution
3
8. Cedar Ridge Farm Place No. 4 – Stormwater Detention Improvements
City Manager recommending acceptance of the stormwater detention facilities which the
developer, Nemmers Cedar Ridge Farm Limited Partnership, has recently completed in
Cedar Ridge Farm Place No. 4.
RESOLUTION
Accepting stormwater detention improvements in Cedar Ridge Farm
Place No. 4
Suggested Disposition: Receive and File; Adopt Resolution
Cedar Ridge - Vicinity
Cedar Ridge - MVM Cedar Ridge - Staff Cedar Ridge -
Map/Plat
MemoMemoResolution
9. Revitalize Iowa’s Sound Economy (RISE) Application
City Manager recommending approval of a resolution endorsing a RISE grant
application for construction of a new street north from Chavenelle Drive to serve
approximately 75 acres of industrial property located on the former North Siegert Farm.
RESOLUTION
Endorsing the submission of a Revitalize Iowa’s Sound Economy (RISE)
Application to the Iowa Department of Transportation for the construction of a street
north from Chavenelle Road to access lots in the Dubuque Industrial Center North
Siegert Area
Suggested Disposition: Receive and File; Adopt Resolution
RISE - Staff MemoRISE - ResolutionRISE - MapRISE - DICW Phase
RISE - MVM Memo
III
10. Development Agreement – 40 Main, LLC
City Manager recommending approval of a Development Agreement between the City
and 40 Main, LLC for the revitalization of property located at 40 – 42 Main Street in
downtown Dubuque.
RESOLUTION
Approving a Development Agreement for the redevelopment of 40 Main
Street
Suggested Disposition: Receive and File; Adopt Resolution
40 Main - Staff Memo40 Main - ResolutionDevelopment
40 Main - MVM Memo
Agreement
4
11. Enterprise Zone Commission Appointments
City Manager recommending approval of the three at-large appointments of Dan
LoBianco, Doug Stillings and Doug Buswell to the City’s Enterprise Zone Commission.
Suggested Disposition: Receive and File; Approve
Appointments - Staff Commission
Appointments - MVM
MemoApplications
Memo
12. Purchase of Property – 6950 Pennsylvania Avenue
City Manager recommending acceptance of the warranty deed to certain real estate
located at 6950 Pennsylvania Avenue from Lloyd and Jane Steffen.
RESOLUTION
Accepting the deed to certain real estate in Dubuque County, Iowa from
Lloyd and Jane Steffen
Suggested Disposition: Receive and File; Adopt Resolution
Purchase - MVM
Purchase - BAL Purchase -
Memo
MemoResolution
13. Plat of Survey – Old Davenport Road
Zoning Advisory Commission recommending approval of the Plat of Survey on Old
Davenport Road as requested by David Chapin.
RESOLUTION
Approving the plat of survey of Lot 1 of Lot 2 and Lot 2 of Lot 2 of the
southeast quarter of the southeast quarter of Section 24, Township 88 North, Range 2
east of the Fifth P.M. in Table Mound Township in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Plat - ZAC LtrPlat - Staff MemoPlat - Vicinity MapPlat of SurveyPlat - Resolution
14. Dubuque Water Trail Grant Application
City Manager recommending approval of an Iowa Water Trails grant application for the
Dubuque Water Trail, which will stretch from Lock and Dam No. 11 south to Massey
Marina Park along the Mississippi River.
RESOLUTION
Approving the submittal of an application for Iowa Water Trail Funding to
the Iowa Department of Natural Resources for the Dubuque Water Trail
5
Suggested Disposition: Receive and File; Adopt Resolution
Water Trail - MVM Water Trail - Staff Water Trail - Water Trail - Grant
MemoMemoResolutionApplication
15. Alcohol Compliance – Civil Penalties for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for selling alcohol to an underage person by Bricktown Brewery, Las Margaritas, and
Shannon’s Bar and Grill.
Suggested Disposition: Receive and File; Approve
Alcohol - Staff MemoAlcohol - Settlements
Alcohol Violations -
MVM Memo
16. Tobacco Compliance – Civil Penalties for Tobacco Permit Holders
City Manager recommending acceptance and approval of Acknowledgement/Settlement
Agreements for selling tobacco to underage persons by Oky Doky (2010 Kerper
Boulevard), Road Ranger and Hy-Vee #3.
Suggested Disposition: Receive and File; Approve
Tobacco - Staff Tobacco -
Tobacco Violations -
MemoSettlements
MVM Memo
17. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts
City Manager recommending approval of the submission of delinquent water, sewer,
refuse and stormwater collection accounts to the Dubuque County Treasurer.
RESOLUTION
Adopting the Schedule of Assessments for delinquent water, refuse,
sewer and stormwater collection accounts and specifying the number of annual
installments into which assessments are divided, the interest on all unpaid installments,
the time when the assessments are payable and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
Accounts - Staff Accounts - Delinquent Accounts
Accounts - MVM
MemoResolution
Memo
6
18. Comprehensive Annual Financial Report (CAFR)
City Manager transmitting the Fiscal Year 2008 Comprehensive Annual Financial
Report (CAFR), Parking Facilities Financial Statements, Management Letter and City
Responses to the Management Letter.
Suggested Disposition: Receive and File
CAFR - Staff MemoResponse to Audit Eide Bailly LtrCAFR 2008Parking Facilities
CAFR - MVM Memo
Mgmt Ltr2008
19. University of Dubuque Usage Agreement
City Manager recommending approval of a Usage Agreement with the University of
Dubuque for the 2009 Alumni Basketball Tournament.
Suggested Disposition: Receive and File; Approve
UD Agreement - UD Usage
UD Agreement - MVM
Staff MemoAgreement
Memo
20. Julien Dubuque Monument
Historic Preservation Commission recommending approval of a request from the
Friends of the Mines of Spain for Historic District Public Improvement Program (HDPIP)
funds for an improvement project at the Julien Dubuque Monument, with conditions.
Suggested Disposition: Receive and File; Approve
Monument - HPC LtrMonument - HDPIP
Application
21. Alliant Energy – Letter of Agreement
City Manager recommending approval of a letter of agreement with Alliant Energy
concerning placement of outdoor cameras on Alliant Energy utility poles.
Suggested Disposition: Receive and File; Approve
Alliant - Staff MemoAlliant - Ltr of
Alliant - MVM Memo
Agreement
7
22. Dubuque Regional Airport Terminal Relocation Project
City Manager recommending approval of a revised legal description for property located
at 10719 Merlin Lane with the fair market value remaining at the figure set forth
previously.
RESOLUTION
Establishing the Fair Market Value of Real Property at 10719 Merlin
Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey Bradley, and Brian Bradley
Suggested Disposition: Receive and File; Adopt Resolution
Airport - MVM MemoAirport - Staff MemoAirport - Resolution
23. Dress Insurance Claim
City Manager recommending settlement of the claim of Leonard Dress for vehicle
damage.
Suggested Disposition: Receive and File; Approve
Claim - MVM MemoClaim - Staff Memo
24. Dubuque Humane Society – Purchase of Service Agreement
City Manager recommending approval of a new five-year Purchase of Services
Agreement between the City of Dubuque and the Dubuque Regional Humane Society.
Suggested Disposition: Receive and File; Approve
Humane Society - Humane Society - Humane Society
MVM MemoStaff MemoContract
25. Business License Refund
Request of Susan Harle-Heim, Hudson’s Classic Grill, for a refund of License No.
LC0053803 in the amount of $211.25.
Suggested Disposition: Receive and File; Approve
26. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Awn Stop Mart and Hartig Drug #4
8
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Taiko
Japanese Restaurant and a Class “B” Wine Permit to Hartig Drug #4
Suggested Disposition: Receive and File; Adopt Resolutions
Renewals - MVM Renewals - Staff Resolution #1Resolution #2
MemoMemo
ITEM TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Floodwall Levee Slope Stabilization Project
City Manager recommending initiation of the public bidding process for the Floodwall
Levee Slope Stabilization Project and that a public hearing be set for February 2, 2009,
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 Floodwall Levee
Slope Stabilization Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/2/09
Floodwall - MVM Floodwall - Staff Foodwall - Resolution
MemoMemo
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.
Community Development Advisory Commission
Two 3-year terms through February 15, 2012, Low/Moderate Income Area and At-Large
Requirements (Terms of Wainwright and Stubben)
Applicants:
Hilary Stubben, 2433 Broadway Street (Low/Moderate Income Area)
Thomas Wainwright, 1800 Elm Street (At-Large)
Bd and Comm ListOverview SheetCDAC Applications
9
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. Dubuque Industrial Center Planned Unit Development District (Tabled on
November 17, 2008)
City Manager requesting that this item be re-tabled until the April 6, 2009 City Council
meeting.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/
Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque
Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the
designation of property from open space to commercial and Zoning Advisory
Commission recommending approval, with conditions.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the
Dubuque Industrial Center Phases I and II located at the southwest corner of Highway
32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07
Suggested Disposition: Remove from Table; Receive and File; Table
DIC - MVM Memo
Material from September 15, 2008 City Council Meeting
DIC - ZAC LtrDIC - ApplicationDIC - Proposed Land DIC - Land Use PlanDIC - Setback DIC - Topograpy
Use MapClassifcationMaps
DIC - Staff ReportDIC - PhotosDIC - Hike/Bike DIC - OrdinanceC-3 Proposed DIC - Opposition Ltr
System MapRegulations
Suggested Motion
10
2. 15264 Middle Road – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Thomas and
Karen Gerhard to rezone property located at 15264 Middle Road from County R-2
Single-Family Residential District to City CS Commercial Services and Wholesale
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 15264
Middle Road from Dubuque County R-2 Single-Family Residential District to City CS
Commercial Services and Wholesale District
Suggested Disposition: Receive and File; Motion B; Motion A
Middle Rd - ZAC LtrMiddle Rd - Middle Rd - Staff Middle Rd - Vicinity CS RegulationsMiddle Rd - Aerial
ApplicationReportMapPhotos
Suggested Motion
Middle Rd -
Ordinance
nd
3. 607 East 22 Street – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Paul
nd
Wheelock to rezone property located at 607 East 22 Street from C-1c Neighborhood
Commercial District, with conditions, to C-1 Neighborhood Commercial District and
Zoning Advisory Commission recommending approval, with conditions.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 607 – 609
nd
East 22 Street from C-1 Neighborhood Commercial District, with conditions, to C-1
Neighborhood Commercial District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
East 22nd - ZAC LtrEast 22nd - East 22nd - Vicinity East 22nd - Staff C-1 RegulationsEast 22nd - 1992
ApplicationMapReportOrdinance
Suggested Motion
East 22nd -
Ordinance
11
4. 777 Edwards Road – Amendment to Planned Unit Development District
Proof of publication on notice of public hearing to consider a request from Doug
Edwards / Edwards Family Realty, LLC to expand the existing Planned Unit
Development District by rezoning property from R-1 Single-Family Residential District to
PI Planned Industrial 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 777
Edwards Road from R-1 Single Family Residential District to PUD Planned Unit
Development District with a PI Planned Industrial District designation and adopting a
revised Conceptual Development Plan for Edwards Cast Stone
Suggested Disposition: Receive and File; Motion B; Motion A
Edwards Rd - ZAC Edwards Rd - Edwards Rd - Vicinity Edwards Rd - GIS Edwards Rd - Staff Edwards Rd -
LtrApplicationMapMapReportOrdinance
5. Oak Grove Sanitary Sewer and Water Main Extension Project
Proof of publication on notice of hearing to consider the plans and specifications, form
of contract and estimated cost for the Oak Grove Sanitary Sewer and Water Main
Extension Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Oak Grove Sanitary Sewer and Water Main Extension Project
RESOLUTION
With respect to the adoption of the Resolution of Necessity proposed for
the Oak Grove Sanitary Sewer and Water Main Extension Project
RESOLUTION
Approvingschedule of assessments and estimate of total cost for the
Oak Grove Sanitary Sewer and Water Main Extension Project
Suggested Disposition: Receive and File; Adopt Resolutions
Oak Grove - MVM Oak Grove - Staff Ok Grove - Assessment
MemoMemoResolutionsSchedule
REINSTATE THE RULES
This action limits discussion to the City Council.
12
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. Greater Dubuque Development Corporation
Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation,
to provide verbal report on the activities of GDDC.
Suggested Disposition: Receive and File
2. Final Plat – English Ridge Subdivision
Zoning Advisory Commission recommending approval of the final plat of English Ridge
Subdivision as requested by English Ridge LLC.
RESOLUTION
Approving Final Plat of English Ridge Subdivision in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
English Ridge - ZAC English Ridge - English Ridge - English Ridge - English Ridge - Staff ZAC 12-05-07
LtrApplicationVicinity MapResolutionReportMinutes
English Ridge - MapsEnglish Ridge - Final
Plat
3. Millworking Warehouse District Agreement
City Manager recommending approval of an Agreement with Dubuque Main Street for
the hiring of a Resource Development Director for the Millworking Warehouse District.
Suggested Disposition: Receive and File; Approve
Warehouse - MVM Warehouse - Staff Warehouse -
MemoMemoAgreement
4. YouthBuild Contract
City Manager recommending approval of the submission of a Federal YouthBuild grant
application to the Department of Labor.
Suggested Disposition: Receive and File; Approve
YouthBuild - MVM YouthBuild - Staff YouthBuild - YouthBuild - YouthBuild - YouthBuild -
MemoMemoAttachment AAttachment BAttachment CAttachment D
13
YouthBuild - YouthBuild - YouthBuild - YouthBuild -
Attachment EAttachment FAttachment GAttachment H
5. Valet Parking
City Manager recommending approval of changes to the special events permit
ordinance in response to a request to offer valet parking in the downtown business
district.
ORDINANCE
Amending City of Dubuque Code of Ordinances Sections 33-21 and 33-
21.2 to provide for valet parking in the downtown business district by requiring
businesses to obtain a special events permit and provide a plan for compliance with the
Americans with Disabilities Act and Americans with Disabilities Act Accessibility
Guidelines
Suggested Disposition: Receive and File; Motion B; Motion A
Valet Parking - MVM Valet Parking - Staff Valet Parking - Suggested Motion
MemoMemoOrdinance
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.
Jeanne F. Schneider
January 15, 2009
14