9 17 07 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF
9/17/07
LYNCH
MICHALSKI
BRAIG
BUOL
CLINE
CONNORS
JONES
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, SEPTEMBER 17, 2007
PLEDGE OF ALLEGIANCE
INVOCATION
Dr. Reverend Robert Rankin, United Methodist Church
PROCLAMATIONS
Constitution Week (September 17 – 23, 2007)
Crop Walk Day in Dubuque (October 7, 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
Arts and Cultural Affairs Advisory Commission of 7/30; City Council of 8/28, 8/29 and
9/4; Civil Service Commission of 8/8; Historic Preservation Commission of 8/16; Long
Range Planning Advisory Commission of 8/15; Park and Recreation Commission of
8/14; Zoning Advisory Commission of 9/5
Proofs of publication of City Council proceedings of August 20, August 22, August 28
and August 29, 2007
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Thomas J. Becker for vehicle damage; Julian and Shirley Regan for property damage;
Qwest for property damage; Duane J. Wille 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: Julian and
Shirley Regan for property damage; Duane J. Wille for vehicle damage
Suggested Disposition: Receive and File; Concur
3. U.S. Department of Transportation
Communication from Andrew B. Steinberg, U.S. Department of Transportation, in
response to the City’s letter in support of an application made by American Airlines to
obtain route authority to operate a daily nonstop flight from Chicago O’Hare
International Airport to Beijing, China.
Suggested Disposition: Receive and File
4. University Avenue Culvert and Sanitary Sewer Extension Project
City Manager recommending acceptance of the University Avenue Culvert and Sanitary
Sewer Extension Project as completed by Tschiggfrie Excavating Company in the final
contract amount of $416,126.25.
RESOLUTION
Accepting the University Avenue Culvert Extension and Sanitary Sewer
Reconstruction Project and authorizing the payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution
5. Fiscal Year 2007 City Street Finance Report
City Manager recommending approval of the City of Dubuque’s Fiscal Year 2007 Street
Finance Report for submittal to the Iowa Department of Transportation.
RESOLUTION
Approving the City of Dubuque Fiscal Year 2007 Street Finance Report
Suggested Disposition: Receive and File; Adopt Resolution
6. Safe Routes to School Plan
Communication to Chandra Ravada, Co-Director of Transportation and Planning for
East Central Intergovernmental Association, advising that the City of Dubuque supports
the Dubuque Community Schools Safe Routes to School Plan.
Suggested Disposition: Receive and File
2
7. Bi-Lingual Trail Signage Project
City Manager recommending approval of an Iowa Department of Transportation Federal
Recreation Trail Grant application to support the Bi-Lingual Trail Signage Project.
RESOLUTION
Approving the submittal of an application for Federal Recreational Trails
Program funding to the Iowa Department of Transportation for the Bi-Lingual Bike/Hike Trail
Signage Project
Suggested Disposition: Receive and File; Adopt Resolution
8. Purchase of Property – 2265 Prince Street
City Manager recommending approval of the purchase of a residential dwelling located
at 2265 Prince Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2265 Prince Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
9. Multijurisdictional Drug Task Force Agreement
City Manager recommending approval of an amendment to the Multijurisdictional Drug
Task Force Agreement between the City of Dubuque, Dubuque County, City of East
Dubuque, Illinois and Jo Daviess County, Illinois.
Suggested Disposition: Receive and File; Approve
10. Purchase of Property – 2106 Kniest Street
City Manager recommending approval of the purchase of a residential rental dwelling
located at 2106 Kniest Street as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 2106 Kniest Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
11. Consolidated Annual Performance and Evaluation Report (CAPER)
City Manager recommending approval of the Consolidated Annual Performance and
Evaluation Report (CAPER) for the period of July 1, 2006 through June 30, 2007, which
is required by the regulations governing the Community Development Block Grant
(CDBG) Program.
RESOLUTION
Authorizing the submission of a Consolidated Annual Performance and
Evaluation Project (CAPER) for the period commencing July 1, 2006 and concluding
June 30, 2007
Suggested Disposition: Receive and File; Adopt Resolution
3
12. Enterprise Zone Recertifications
City Manager recommending approval to file applications with the Iowa Department of
Economic Development requesting Enterprise Zone Recertification to the City’s two
existing Enterprise Zones.
RESOLUTION
Authorizing the filing of an application with the Iowa Department of
Economic Development requesting Enterprise Zone Recertification of the existing
Enterprise Zone – 1 in the City of Dubuque
RESOLUTION
Authorizing the filing of an application with the Iowa Department of
Economic Development requesting Enterprise Zone Recertification of the existing
Enterprise Zone – 2 in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
13. Plat of Survey – Alley Across from Former Dubuque Packing Plant
City Manager recommending approval of the plat to accommodate the creation of a
legal description for the alley to be sold to SB Development, LLC.
RESOLUTION
Approving plat of survey Lot 378A of East Dubuque No. 2 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
14. Plat of Survey – Waller Addition
Zoning Advisory Commission recommending approval of the plat of survey of Waller
Addition located on Lakeview Drive in Dubuque County, as requested by John and
Emily Rowe/Buesing and Associates.
RESOLUTION
Approving the Plat of Survey of Waller Addition
Suggested Disposition: Receive and File; Adopt Resolution
15. Henschel’s Hidden Acres – Final Plat
Zoning Advisory Commission recommending approval of the final plat of Henschel’s
Hidden Acres located west of Miller Road Terminus (Lot 2 Henschel’s Hidden Acres) as
requested by Thomas and Sheri Henschel.
RESOLUTION
Approving the final plat of Henschel’s Hidden Acres
Suggested Disposition: Receive and File; Adopt Resolution
4
16. 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
$5,500 to Mediacom
for a variety of equipment for the public access studio.
Suggested Disposition: Receive and File; Approve
17. Eagle Point Park Fee Collection Booth Construction Project
City Manager recommending acceptance of the Eagle Point Park Fee Collection Booth
Construction Project as completed by Klauer Construction Company in the final contract
amount of $271,856.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
18. Iowa Finance Authority Loan
City Manager recommending approval of a $500,000 loan from the Iowa Finance
Authority to assist with the townhouse project at 1126 White Street.
Suggested Disposition: Receive and File; Approve
19. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of one renewal permit to sell cigarettes and
cigarette papers to Murph’s South End
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Wal-Mart
Supercenter, Hy-Vee Gas #2 and Ron’s Discount Smokes
RESOLUTION
Granting the issuance of a Class “B” (Motel/Hotel) Liquor License to
Hilton Garden Inn, Red Robin Gourmet Burgers; Class “C” Beer/Liquor License to
Clarke College, Carlos O’Kelly’s Mexican Café, Bulldog Billiards, Happy’s Place, A & B
Tap, and Star Restaurant/Ultra Lounge
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. Vacation and Sale of Undeveloped Alley
City Manager recommending that a public hearing be set for October 1, 2007 to
consider the vacation and sale of an undeveloped alley near the old Dubuque Meat
Packing Plant to SB Development, LLC.
RESOLUTION
of Intent to dispose of Lot 378A of East Dubuque No. 2 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/1/07
2. United States Postal Service
City Manager recommending that a public hearing be set for October 1, 2007 to
consider approval of a lease agreement with the United States Postal Service for space
at the Historic Federal Building.
RESOLUTION
of Intent to dispose of interest in real property by lease agreement
between the City of Dubuque and the United States Postal Service
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/1/07
3. Fiscal Year 2008 Budget Amendment
City Manager recommending that a public hearing be set for October 1, 2007 to
consider approval of the first amendment to the Fiscal Year 2008 Operating Budget.
RESOLUTION
Setting the date for the public hearing on Amendment No. 1 to the Fiscal
Year 2008 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/1/07
BOARDS/COMMISSIONS
Appointment to the following Commission:
Civic Center Commission
Three 3-year expired terms through June 29, 2010 – Terms of Bakke, Brannon, Nauman
Applicant:
Rod Bakke
6
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. University of Dubuque Residential Parking Permit District
Proof of publication on notice of hearing to consider a request for changes to
Residential Parking Permit District A around the University of Dubuque campus and City
Manager recommending approval.
ORDINANCE
Amending the Code of Ordinances of the City of Dubuque, Iowa, by
repealing Subsection (a) of Section 32-321.733 Establishing Residential Parking Permit
District A and adopting in lieu thereof a new Subsection (a) of Section 32-321.733 Re-
Establishing Residential Parking Permit District A
Suggested Disposition: Receive and File; Motion B; Motion A
2. Text Amendment – Callahan Construction, Inc.
Proof of publication on notice of hearing to consider a request from Joel Callahan,
Callahan Construction, Inc., to amend Section 3-3.6 CS Commercial Service and
Wholesale District of the Zoning Ordinance to allow for indoor and outdoor recreation
facilities and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Sections 3-3.6(B) and 3-3.6(D) of the City of Dubuque Code of
Ordinances by adding indoor recreation facilities as a permitted use and outdoor
recreation as conditional use in the CS Commercial Service and Wholesale District
Suggested Disposition: Receive and File; Motion B; Motion A
3. Martin McNamer / NCR Developers – Creek Wood Drive
Proof of publication on notice of hearing to consider a request from Martin McNamer /
NCR Development to rezone property located on Creek Wood Drive from R-2 Two-
Family Residential District to R-1 Single-Family Residential 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 along Creek
Wood Drive from R-2 Two-Family Residential District to R-1 Single-Family Residential
District
Suggested Disposition: Receive and File; Motion B; Motion A
7
4. Jim and Diane McClain – 1605 Kebbie Drive
Proof of publication on notice of hearing to consider a request from Jim and Diane
McClain to rezone property located at 1605 Kebbie Drive from R-1 Single-Family
Residential District to R-2 Two-Family Residential 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 located at 1605 Kebbie Drive
from R-1 Single-Family Residential District to R-2 Two-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
5. John Kivlahan – Northwest Arterial
Proof of publication on notice of hearing to consider a request from John Kivlahan to
rezone property located south of the Northwest Arterial from C-3 General Commercial
District to R-2 Two-Family Residential 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 located south of the
Northwest Arterial and west of John F. Kennedy Road from C-3 General Commercial
District to R-2 Two-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
6. Thomas and Sheri Henschel – Henschel’s Hidden Acres
Proof of publication on notice of hearing to consider a request from Thomas and Sheri
Henschel to rezone property located west of Miller Road Terminus (Lot 2 Henschel’s
Hidden Acres) from AG Agricultural District to R-1 Single-Family Residential 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 located at the end of Miller
Road from AG Agricultural District to R-1 Single-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
7. Robert Hartig / Medical Associates Clinic
Proof of publication on notice of hearing to consider a request from Robert Hartig /
Medical Associates Clinic to amend the Medical Associates Clinic Planned Unit
Development (PUD) District to redesignate existing greenway buffer for business uses
and Zoning Advisory Commission recommending denial.
Communication from Robert Hartig, Medical Associates, requesting that this topic be
tabled to October 1, 2007.
8
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
Medical Associates West Campus Planned Unit Development District and by repealing
Ordinances 24-94, 32-96 and 35-99
Suggested Disposition: Receive and File; Table, Concur with Denial, or Motion B;
Motion A (Super Majority Vote)
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. Sister City – Handan, China
Request of Dirk Voetberg and Dick Landis to address the City Council regarding the
future of the Dubuque – Handan City Sister City relationship.
Suggested Disposition: Receive and File; Council
2. Pebble Cove #2 – Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of Pebble
Cove #2 as requested by John Kivlahan / Buesing and Associates.
Suggested Disposition: Receive and File; Approve
3. Community Development Advisory Commission
City Manager submitting information on the transfer of the designation of area
representation between two current Community Development Advisory Commission
(CDAC) members.
Suggested Disposition: Receive and File; Council
4. School Resource Officer (SRO) Agreement
City Manager recommending approval of the School Resource Officer (SRO)
agreement with Dubuque Community Schools for the 2007 – 2008 school year.
Suggested Disposition: Receive and File; Approve
5. Lead Paint Program
City Manager recommending that the two lead based paint inspector positions be
retained as the City reviews the code enforcement efforts of the lead paint program.
Suggested Disposition: Receive and File; Approve
9
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
September 13, 2007
10