8 20 07 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF
8/20/07
JONES
LYNCH
MICHALSKI
BRAIG
BUOL
CLINE
CONNORS
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, AUGUST 20, 2007
PLEDGE OF ALLEGIANCE
INVOCATION
Sr. Peggy Nolan, BVM
PROCLAMATIONS
Irish Hooley Day (August 25, 2007)
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 6/5; Building Code Board of Appeals of 6/19; Cable Community
Teleprogramming Commission of 7/10; City Council of 8/6; Civil Service Commission of
7/5; Human Rights Commission of 7/9; Zoning Advisory Commission of 7/5; Zoning
Board of Adjustment of 7/26
Proof of publication of City Council Proceedings of July 16, 2007
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Shane Flesher for vehicle damage; Kris Hall for property damage; Robert D. Jungblut,
Jr. for property damage; Scott Kernall for property damage; Kara Larson for property
damage; Joan Sanders for personal injury; Mark Snyder for property damage; St. Paul
Lutheran Church 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: John and
Valerie Herber for property damage; Anthony Rokusek for property damage; Joan
Sanders for personal injury; Shane Flesher for vehicle damage; St. Paul Lutheran
Church for property damage
City Attorney recommending that the claims of Robert D. Jungblut, Jr., Mark Snyder,
Kara Larson, Kris Hall, and Scott Kernall for property damage be referred to Tricor
Insurance and Financial Services, insurer for Fred Jackson Tuckpointing.
Suggested Disposition: Receive and File; Concur
3. All America City Award
Communication from Congressman Bruce Braley congratulating the City of Dubuque on
receiving the All America City Award.
Communication from Richard A. Anderson, Mayor of Asbury, congratulating the City of
Dubuque on receiving the All America City Award.
Suggested Disposition: Receive and File
4. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Laboratory
Technician.
Suggested Disposition: Receive and File; Make a Matter of Record
5. Purchase of Property – 507 Rhomberg Avenue
City Manager recommending approval of the purchase of a residential dwelling located
at 507 Rhomberg Avenue as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 507 Rhomberg
Avenue in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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6. Purchase of Property – 2320 Washington Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2320 Washington Street as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2320 Washington
Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
7. Fiber Optic Conduit – Phase I Project
City Manager recommending acceptance of the Fiber Optic Conduit – Phase I Project
as completed by Volkens Excavating, Inc., in the final contract amount of $219,666.25.
RESOLUTION
Accepting the Fiber Optic Conduit System – Phase I Project and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
8. Downtown Design Guideline Manual
City Manager recommending approval of a Certified Local Government (CLG) grant
application for the Downtown Dubuque Design Guidelines Manual in the amount of
$25,000.
RESOLUTION
Approving submittal of a CLG Grant Application to the State Historical Society
of Iowa for Downtown Dubuque Design Guidelines Manual
Suggested Disposition: Receive and File; Adopt Resolution
9. Traffic Safety Improvement Program Funding
City Manager recommending approval to file a joint grant application with the Iowa
Department of Transportation for Traffic Safety Improvement Program funding for IA 32
(Northwest Arterial) at the Asbury Road intersection.
RESOLUTION
Authorizing the filing of a Joint Grant Application with the Iowa
Department of Transportation for Traffic Safety Improvement Funding for the City of
Dubuque IA 32 (Northwest Arterial) and Asbury Road intersection
Suggested Disposition: Receive and File; Adopt Resolution
10. Riverwalk Security Camera System Agreement
City Manager recommending authorization to negotiate and execute an agreement with
Platinum Hospitality Group, LLC for the installation, operation and maintenance of the
Riverwalk Security Camera System equipment.
Suggested Disposition: Receive and File; Approve
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11. Assistance to Firefighter Grant Application
City Manager recommending approval of the submittal of a Department of Homeland
Security Assistance to Firefighters Grant for thermal imager units for each of the front-
line fire units and training for a total cost of $80,000.
Suggested Disposition: Receive and File; Approve
12. Wireless Network
City Manager recommending approval of a contract with Racom for the installation of 16
wireless network sites that will be connected to the fiber optic network that is City-
owned or controlled to provide sufficient speed for data for the Fire Department Mobile
Digital Terminal application.
Suggested Disposition: Receive and File; Approve
13. PEG Capital Grant Expenditure Requests
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendations for funding from the Public, Educational, and Government (PEG)
Capital grant for Access Equipment and Facilities in the amount of $8,500 for Wahlert
High School for a variety of equipment including cameras and wireless microphones
and $4,800 for the access community at large for a camera jib and supporting
equipment.
Suggested Disposition: Receive and File; Approve
14. Tobacco Compliance – Civil Penalties for Tobacco Permit Holders
City Manager recommending acceptance and approval of Acknowledgement/Settlement
Agreements for a first violation for Oky Doky, 1256 Iowa Street and HyVee #3, 300
South Locust Street, and a second violation for HyVee #3, 300 South Locust Street;
Beecher Company, 1691 Asbury Road; and Eagle Country Market, 1800 Elm Street.
Suggested Disposition: Receive and File; Approve
15. Legislative Correspondence
Communication to area legislators transmitting an article from Dubuque Main Street’s
monthly newsletter on “Why Are Downtowns Important.”
Communication to Representative Ray Zirkelbach welcoming him home and
transmitting an article from Dubuque Main Street’s monthly newsletter on “Why Are
Downtowns Important.”
Suggested Disposition: Receive and File
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16. Fire Chief Dan Brown
City Manager advising that Fire Chief Dan Brown has been reappointed to the Fire
Service and Emergency Response Council by Governor Chet Culver.
Suggested Disposition: Receive and File
17. John F. Kennedy Road from Asbury Road to the Northwest Arterial – Sidewalks
City Manager advising that Kennedy Manor Apartments (2671 Owen Court) will proceed
with the installation of approximately 590 feet of sidewalk along its property on John F.
Kennedy Road.
Suggested Disposition: Receive and File
18. Purchase of Property from Plastic Center, Inc.
City Manager recommending approval of the purchase of 828 square feet of property
from Plastic Center, Inc. at the corner of White Street and US Hwy 61 for the
construction of a Port of Dubuque sign.
Suggested Disposition: Receive and File; Approve
19. Improvement Contracts / Performance, Payment and Maintenance Bonds
RESOLUTION
Approving public improvement contracts and bonds
-- Five Flags Sidewalk and Lighting Replacement Project
-- Port of Dubuque – Ice Harbor Transient Boat Dock Facility Project
-- York and Curtis Street Storm Sewer Improvements Project
-- Pedestrian Wayfinding Sign System Project
-- Fifth and White Street Gateway Sign Project
-- Kaufmann Avenue Alley Storm Sewer Construction Project
-- Decorative Concrete Repair and Maintenance Project
Suggested Disposition: Receive and File; Adopt Resolution
20. Request for Proposals for North Fork Catfish Creek Sanitary and Storm Water
Drainage Improvement Project
City Manager recommending approval of the issuance of a Request for Proposals for
the North Fork Catfish Creek Sanitary and Storm Water Drainage Improvement Project.
Suggested Disposition: Receive and File; Approve
21. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer License (5-Day Special
Event) to Music N More Promotions, Riverfest Special Events, and Grand Harbor
Resort; and a Class “C” Beer Permit to Oky Doky #6, Clark of Dubuque, Kwik Stop
Food Mart, and Family Mart
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RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Rudy’s
Tacos, Clarke College, Courtside Sports Bar, Los Aztecas Mexican Restaurant; a Class
“B” Wine Permit to Oky Doky #8 and Family Mart, Inc.; and a Class “B” Native Wine
Permit (WBN) to Mandolin Inn and Kwik Stop Food Mart
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. Raven Oaks – Request to Vacate
City Manager recommending that a public hearing be set for September 4, 2007 to
consider a request from Kluck Construction to vacate a portion of Raven Oaks Drive
abutting Lot 4 of Raven Oaks No. 2.
RESOLUTION
of Intent to vacate and dispose of City interest in Lot 4A of Raven Oaks
No. 2 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/4/07
2. Vacation and Sale of Undeveloped Alley
City Manager recommending that a public hearing be set for September 4, 2007 to
consider the vacation and sale of an undeveloped alley near the old Dubuque Meat
Packing Plant to SB Development, LLC.
Suggested Disposition: Receive and File; Public Hearing 9/4/07
3. Town Clock Renovation Project
City Manager recommending initiation of the public bidding process for the Town Clock
Renovation Project and that a public hearing be set for September 4, 2007 to consider
approval of the plans and specifications, form of contract, and estimated cost.
RESOLUTION
Preliminary approval of plans and specifications
RESOLUTION
Setting date of hearing on plans and specifications
RESOLUTION
Ordering the advertisement for bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/4/07
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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.
Civil Service Commission (Mayor’s Appointment)
One 4-year vacant term through April 6, 2008 – Term of Wertzberger
Applicants:
John Stevens, Paula Gieseman
Zoning Advisory Commission
One 3-year vacant term through July 1, 2009 – Term of Bichell
Applicant:
Charles Miller
Appointments to the following Boards/Commissions:
Building Code Board of Appeals
One 3-year expired term through August 1, 2010 (Term of Jahns, Journeyman/Carpenter)
One 3-year expired term through August 2, 2010 (Term of Kolf, Architect/Engineer)
One 3-year expired term through August 1, 2008 (Term of Gudenkauf, At Large)
One 3-year expired term through August 1, 2009 (Term of Carr, General Contractor)
One 3-year expired term through August 1, 2009 (Term of Luchsinger, At Large)
Applicants:
John Schwendinger (Journeyman/Carpenter)
James Kolf (Architect/Engineer)
No applicant (At-Large)
Chuck Carr (General Contractor)
Richard Luchsinger (At-Large)
Housing Commission
Three 3-year expired terms through August 17, 2010 (Terms of Eddy, Kapler, Schwendinger)
One 3-year vacant term through August 17, 2009 (Term of Savage)
Applicants:
Char Eddy, Erica Johnson, Judie Root, Dorothy Schwendinger, OSF, David Kapler –
Additional Applicant
Transit Board of Trustees
One 3-year expired term through July 30, 2010 (Term of Stedman)
Applicants:
Harry Bemis, Ruth Scharnau, Don Stedman
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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. Planned Unit Development District Amendment – Pleasant View Estates
Proof of publication on notice of hearing to consider an amendment to the Pleasant
View Estates Planned Unit Development District (PUD) by removing Section 2(G) from
Ordinance 51-90 regarding time limitation for development as requested by Ron
Herrig/John Herrig/Joseph Bitter and Zoning Advisory Commission recommending
denial.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinance No. 51-90, which
adopted regulations for the Pleasant View PUD Planned Unit Development District with
a PR Planned Residential Designation
Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion
A (Super Majority Vote)
2. Bies Drive – Rezoning Amendment
Proof of publication on notice of hearing to consider an amendment to Ordinance No.
56-01 to allow permanent vehicle access onto Bies Drive as requested by Roger Klauer
and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by amending hereinafter described property located along Bies
Drive from C-3 General Commercial District with conditions to C-3 General Commercial
District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
3. 427 / 429 Rhomberg Avenue – Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 427 /
429 Rhomberg Avenue and Parcel #10-24-216-012 from R-2 Two-Family Residential
District to OC Office Commercial District and C-3 General Commercial District as
requested by Rich Billmeyer / John Mihalakis and Zoning Advisory Commission
recommending denial.
Petition in opposition to the rezoning of 427 / 429 Rhomberg Avenue.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located in the 400
block of Rhomberg Avenue from R-2A Alternate Two-Family Residential Zoning District
and C-2 Neighborhood Shopping Center District to C-3 General Commercial District
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Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion
A (Super Majority Vote)
4. Disposal of Previously Vacated Alley
Proof of publication on notice of hearing to consider approval of the disposition of the
City’s interest in Lot 19A of Union Avenue Subdivision to Greg F. and Dawn M. Swift
and City Manager recommending approval.
RESOLUTION
Disposing of City interest in Lot 19A of Union Avenue Subdivision in the
City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
5. Individual Historic Designation – 40-42 Main
Proof of publication on notice of hearing to consider approval of the Individual Historic
Designation of 40-42 Main Street and City Manager recommending that the public
hearing be tabled to October 1, 2007.
ORDINANCE
Amending Chapter 25 (Historic Preservation) of the City of Dubuque
Code of Ordinances by adding Section 25-6.14(2) Establishing an Individually
Designated Historic Property
Suggested Disposition: Receive and File; Table
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. Convention and Visitors Bureau Quarterly Report
Sue Czeshinski to provide the Convention and Visitors Bureau quarterly report.
Suggested Disposition: Receive and File
2. Henschel – McNamer Place, Plat #3
Zoning Advisory Commission recommending approval of the final plat of Henschel –
McNamer Place, Plat #3 subject to waiving lot frontage requirements for Lot 1.
RESOLUTION
Approving the final plat of Henschel – McNamer Place Plat # 3
Suggested Disposition: Receive and File; Adopt Resolution
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3. Players Bar
City Manager recommending approval of the issuance of a six-month license to Players,
1902 Central Avenue, to allow additional time for review and evaluation of the calls for
service.
RESOLUTION
Granting the issuance of a six month Class “C” Beer/Liquor License to
Players Sports Bar
Suggested Disposition: Receive and File; Adopt Resolution
4. Mediacom
Communication from Cari M. Fenzel, Regional Vice President of Mediacom, advising
that Mediacom is discussing the possibility of adding the Big Ten Network to their lineup
when it is launched later this year.
Suggested Disposition: Receive and File; Council Direction
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
August 16, 2007
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