9 17 07 Clerk's Skeleton Notes~~
CITY COUNCIL REGULAR SESSION, SEPTEMBE ~ 2007
COUNCIL MET IN REGULAR SESSION AT 6:30 P. IN THE HISTORIC FEDERAL
• BUILDING
PRES~T: MAY RBUOL, COUNCIL MEMBERS CRAIG, CHINE, COI~NORS, J~NES,
LYN¢'FI, MICH/j~SKI
CITY MANAGER VAf~IrMILLIGEN; CITY ATTORNEY,/LINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Dr. Reverend Robert Rankin, United Methodist Church
PROCLAMATIONS /'~
Constitution Week (September 17 - 23, 2007) ~~ .~~-~L~~~~~~'~'~~ G~~~~ ~
Crop Walk Day in Dubuque (October 7, 2007) 'ri`''~ •~~ ~ ~~
~'~~ '` i~ -~'
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CONSENT ITEMS
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A-ye Nays
,~ ynch
/ 'Michalski
Braig
Buol
~ Cline
Connors
~ Jones
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
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2
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 Flo ~ 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 yG~ ~~ 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
Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
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7. Bi-Lin ual Trail Si na a Project
9 g 9 1
City Manager recommending approval of an Iowa Department of Transportation Federal
Recreation Trail Grant application to support the Bi-Lingual Trail Signage Project.
RESOLUTION ~1~~ ~ 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 f~~ j Approving the acquisition of real estate located at 2106
Kniest Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
4
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 y i ~ 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
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 `~r'~ 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 ~ i ~.% Approving plat of survey Lot 378A of East
Dubuque No. 2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
5
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 7~ 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
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
Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
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• 17. Ea le Point Park Fee Collection Booth Construction Project
9 J
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 Cafe, Bulldog Billiards,
Happy's Place, A & B Tap, and Star Restaurant/Ultra Lounge
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Lynch
Michalski
Braig
Buol
Cline
Connors
Jones
7
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Ayes Nays
j Lynch
Michalski
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Jones
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 r~c~~ 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
1011 /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 `~~,i 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
8
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
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~jye Nays
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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
~Clme
Connors
Jones
Ay
_ es Nays
~ Lynch
Michalski
Braig
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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
Ayres Nays
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Ayes Nays
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• 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
Aye Nays
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• 3. Martin McNamer /NCR Develo ers -Creek Wood Drive
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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 ~
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Ayes Nays
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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
Ayes Nays
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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 w r~~,
Ayes Nays
Lynch
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Ayers Nays
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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 J`~~ 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 ~`~
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Ayes Nays ~/,~
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A,,ye Nays
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• 7. Robert Harti /Medical Associates Clinic
9
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.
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)
Ayes Nays /
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Ayes Nays
Lynch
Michalski
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17
REINSTATE THE RULES
This action limits discussion to the City Council.
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yes Nays
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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
Ayes/ Nays
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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
Ayes Nays
,/ Lynch
~ Michalski
Braig
Buol
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•
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. A,~~' ~
Suggested Disposition: Receive and File; Council
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19
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
Ay Nays
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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.
i Suggested Disposition: Receive and File; Approve
Ayes Nays
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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)Q) 2007 Code of Iowa
Motion to go into Closed Session at %~~~~
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Motion to adjourn at ~,
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Ayes Nays
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