2 20 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, February 20, 2006
Council met in Special Session at 5:15 P.M. in the Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, Corporation Counsel Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called for the
purpose of discussing the Dubuque Area Chamber of Commerce Convention & Visitors Bureau
three year plan and budget.
Steward Sandstrom, President of the Dubuque Area Chamber of Commerce and Sue
Czeshinski, Convention and Visitors Bureau, presented the three year plan and budget for
Fiscal Year 2006 - 2007.
There being no further business, upon motion meeting adjourned at 6:01 P.M.
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Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 20, 2006
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, Corporation Counsel Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called for the
purpose of discussing such matters which may properly come before the City Council.
Invocation was given by Father Kenneth Anich, SVD, Acting President of Divine Word
Seminary
Proclamation: Business Professionals of America Week (February 12 - 18, 2006) received by
Cheree Morey.
CONSENT ITEMS
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Minutes and Reports Submitted: Cable TV Regulatory Commission of 11/9; Cable TV
Teleprogramming Commission of 1/10; Civil Service Commission of 1/26; City Council of 2/6,
2/7, 2/9, and 2/13; Electrical Code Board of 1/30; Environmental Stewardship Advisory
Commission of 2/7; Five Flags Commission of 12/19; Human Rights Commission of 1/9; Zoning
Advisory Commission of 2/1, upon motion received and filed.
Printed City Council Proceedings for October and November, 2005, upon motion received and
filed and approved as printed.
Proof of publication of City Council Proceedings of January 30, 2006, upon motion received
and filed.
Notice of Claims/Suits: Brooke Kowalske vs. City of Dubuque, et al; Randy Seay for property
damage; Splendid Valley Nursery for property damage, upon motion received and filed and
referred to Legal for investigation/report.
Corporation Counsel advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Splendid Valley Nursery
for property damage and Donald Stumpf for personal injury, upon motion received and filed and
concurred.
2005 Sidewalk Assessment Program - Bid #2 Project: City Manager recommending that total
assessments of $7,665.19 be levied against nine separate parcels of property as part of the
2005 Sidewalk Assessment Program - Bid #2 Project, upon motion received and filed.
Connors moved adoption of Resolution No. 46-06 Adopting the final assessment schedule for
the 2005 Sidewalk Assessment Project - Bid #2 including certain information required by the
Code of Iowa, specifically 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 final schedule and to publish notice thereof. Seconded by Cline.
Motion carried 7-0.
Iowa Department of Transportation - Acceptance of Deed: City Manager recommending
approval of the acceptance of a Quit Claim Deed from the Iowa Department of Transportation
for property at the corner of Grandview Avenue on Dodge Street, upon motion received and
filed. Connors moved adoption of Resolution No. 47-06 Accepting the deed to certain real
estate in Dubuque County, Iowa from the Iowa Department of Transportation. Seconded by
Cline. Motion carried 7-0.
2005 Urban Revitalization Program Applications: City Manager recommending approval of
nine 2005 Urban Revitalization Program applications for residential property tax exemption,
upon motion received and filed. Connors moved adoption of Resolution No. 48-06 Approving
residential property tax exemption applications submitted by property owners in recognized
urban revitalization areas and authorizing the transmittal of the approved applications to the City
Assessor. Seconded by Cline. Motion carried 7-0.
Shot Tower Archeological Survey: City Manager recommending approval of the issuance of a
Request for Proposals for the Shot Tower Archeological Survey, upon motion received and filed
and approved recommendation.
Arts and Cultural Affairs Advisory Commission: Communication from Jane Kenworthy
submitting her resignation from the Arts and Cultural Affairs Advisory Commission due to her
relocation out of the State, upon motion received and filed.
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Certificate of Completion - Adams Company: City Manager recommending approval of a
Certificate of Completion for The Adams Company project in the Dubuque Industrial Center
West, upon motion received and filed and approved recommendation.
Historic Preservation Commission: Historic Preservation Commission reiterating its support for
the City Council to continue to pursue the legislative changes which would extend Historic
Preservation Commission membership to owners of property in historic districts and to continue
to pursue the legislative changes which would refer appeals of Historic Preservation
Commission decisions to District Court instead of the City Council, upon motion received and
filed.
PEG Access Capital Grant Expenditure: City Manager recommending approval of a request
from Mediacom for a $200 grant from the Capital Grant for Access Equipment and Facilities for
chromakey paint for the Access Studio at Mediacom, upon motion received and filed and
approved recommendation.
Legislative Correspondence: Communication to area legislators encouraging support of an
amendment to Iowa Code 9364.2 to clarify a City's authority to charge a franchise fee to a utility
based on the gross revenue from the sale of the utility's product and communication to area
legislators encouraging opposition to HF 2321 regarding changes to the requirements when a
City is considering the use of eminent domain, upon motion received and filed and approved
recommendation.
Human Rights Ordinance: Communicaticn from Lorie Murphy-Freebolin expressing
appreciation to members of the City Council for their support of the Human Rights Ordinance,
upon motion received and filed.
North Grandview Estates, L.L.C.: Communication from Joseph J. Bitter, representing North
Grandview Estates, L.L.C., requesting changes to the Agreement between the City of Dubuque
and North Grandview Estates, L.L.C., dated April 21,2005, for development of North Grandview
Estates, upon motion received and filed and referred to the City Manager.
Grand Opera House: Letter of support for the efforts of the Grand Opera House Foundation
Board to seek grant funding to complete restoration of the Grand Opera House, upon motion
received and filed and approved recommendation.
Business Licenses: Michalski moved adoption of Resolution No. 49-06 Granting the issuance
of a Class "C" Beer Permit to Big 1 0 Mart and Resolution No. 50-06 Granting the issuance of a
Class "C" Beer/Liquor License to Bootleggers Pub, The Clubhouse and Town Clock Inn.
Seconded by Braig. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Floodwall Pumping Station Improvement Project: City Manager recommending initiation of the
public bidding process for the Floodwall Pumping Station Improvement Project and setting a
public hearing for April 3, 2006, upon motion received and filed. Cline moved adoption of
Resolution No. 51-06 Preliminary approval of plans and specifications; Resolution No. 52-06
Setting date of hearing on the plans and specifications for 4/3/06 at 6:30 P.M. in the public
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library auditorium and direct the City Clerk to publish notice in the manner prescribed by law and
Resolution No. 53-06 Ordering bids. Seconded by Connors. Motion carried 7-0.
Alta Vista/Carlotta Street Reconstruction Project: City Manager recommending initiation of the
public bidding process for the Alta Vista/Carlotta Street Reconstruction Project and setting a
public hearing for March 20, 2006, upon motion received and filed. Cline moved adoption of
Resolution No. 54-06 Preliminary approval of plans and specifications; Resolution No. 55-06
Fixing date of hearing on the plans and specifications; Resolution No. 56-06 Of necessity;
Resolution No. 57-06 Fixing date of hearing on the Resolution of Necessity for 3/20/06 at a
meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law; Resolution No. 58-06 Approving preliminary
schedule of assessments and Resolution No. 59-06 Ordering bids. Seconded by Connors.
Motion carried 7-0.
BOARDS/COMMISSIONS
Appointment to the following Commission: Airport Commission (One four-year term through
9/14/10) Applicants: Charles Dauod, J.K. Hanson III, Dan Nicholson (Note: J.K. Hanson and
Dan Nicholson have requested that their names be withdrawn from consideration)
Michalski moved that Charles Dauod be appointed to a four year term which will expire
9/14/10. Seconded by Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
River Pointe Development, LLC - Request to Rezone (Referred Back to Zoning Advisory
Commission at January 17, 2006 City Council Meeting): Proof of publication on notice of
hearing to consider rezoning property located at 600 Mazzuchelli Drive from R-2 Residential
District to PUD Planned Unit Development District with a Planned Residential designation as
requested by River Pointe Development, LLC and Zoning Advisory Commission recommending
approval; City Manager advising that River Pointe Development, LLC has agreed to contribute
$150,000 towards the off-site street improvements near this development; Communications
from Rick Trausch, Helene Hurley Magee, Venice Richardson, Donna Bauerly, Ethel Cherioli,
Jim Banworth, Leslie L. Motsch, Robert and Damaris Eichman, and Francine Banworth in
opposition to the proposed development; Communication from SA Sutton in opposition to the
present development plans of River Pointe and submitting additional information/petitions, upon
motion received and filed.
Steve Juergens, representing River Pointe, LLC, reviewed the proposed building plan which
has been reduced from six buildings to two, stated that there will be no blasting and that the
developer will pay $150,000 towards street improvements.
Charles Winterwood, 1550 Melrose Terrace, spoke objecting primarily to the proposed height
of the buildings.
Dean Rampson. 1158 University, stressed this is not a PUD and objected to the size.
David Young, 1598 Central, commented that the high rises should be put in the downtown
area like most other cities.
Jeff Nagle, 255 Kelly's Bluff, spoke in opposition to the project stating the development had not
been downsized and that it was not a neighborhood project.
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Jeanne Collins, 343 Cardiff, spoke objecting to the proposed development because of its
height, the impact on her 100 year old home, and traffic problems.
SA Sutton, 1875 Custer, spoke objecting that the Iowa Code is not being followed,
questioned who "River Pointe Development" is, and suggested that the City trade this property
for another location and then turn the bluff site into a park.
Dan Hammel, 2201 Decorah, spoke reiterating that the project has been downsized twice,
traffic problems addressed and stated it is "smart growth."
Ray Crippes, Kieler WI, spoke in support of the proposed development.
Gene Tully, 448 Southern, spoke objecting because of the increased traffic and height of the
buildings.
Jim Giese, 21142 Country Squire Lane, stated that this project belonged in the City and would
be a great asset.
Ken Schmitt, 3291 Spring Valley Road, stated traffic should not be an issue and that this is a
great project.
Don Duehr, 1525 Lucy Drive, stated that the project is good for the City.
Dick Vorwald, 2921 Washington, stressed more information and photos are needed.
Darryl Biechler, as a member of the Dubuque County Fair Association, spoke in full support of
the project and stated the developer is a "class act".
Tom Wiedemann, 162 Cardiff, stated that he was not in favor of the project but not totally
against it and he felt that Mr. Spiegel should have talked to the neighbors at the beginning of the
project.
David Baker, 3055 Castlewood Lane, as a Teamsters Union representative, spoke in favor of
the project, citing good-paying construction jobs for several years to come.
Steve Mosiman, 1000 Clarke Drive, requested this project be voted down and questioned the
long-term effects on the City.
Evelyn Nadeau, 663 Fenelon Place, spoke of the jobs for the future and the vision for the City.
Bonnie Wiedemann, 162 Cardiff, spoke objecting to the project, stating that it was too massive.
Dave Heim, 2480 Knob Hill Drive, spoke in full support of the project.
Jim Shaeffer, 2015 Lombard Street, spoke requesting Council make a decision on this project.
Nick Lucy, 783 Fenelon Place, stated he had no objection to the project or the jobs but that the
location was not right.
Leon Jenson, 510 St. George, spoke in full support of the project.
Francine Banworth, 985 South Grandview, spoke objecting to the proposed project, citing its
massive size, its limited access, traffic problems, its inappropriateness for the bluffs and
violation of City laws.
Dave Miner, 8840 Joyce Court, spoke in support of the project.
Brian Martens of Zwingle stated he was in full support of the project.
Deb Schuster, 2434 Queen St., questioned if the development would affect the people below
the bluff and also emergency vehicle response difficulties.
Bob Roethig, 618 Bradley Street, objected because the project is too large for the
neighborhood and needs to be scaled back.
Bill Pauly, 1730 Overview Court, spoke strongly opposing the project, citing pollution and other
environmental issues.
Bill Baum, 1301 Auburn, spoke stating the bottom line is that this investor is willing to invest in
our City and it is an attractive type of housing to market for retirees.
Mark Erschen, 133 St. Mary's Street, stated the development was too large and would reduce
the amount of sunlight that property below the bluff would receive.
Scott Potter, 515 Garfield Avenue, stated the developer does awesome projects and that it is
hard to find people willing to invest in the community.
Judy Schmitt, 406 Summit, felt the development was in the wrong location.
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An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying property located at 600 Mazzuchelli Drive from R-2 Residential
District to PUD Planned Unit Development District with a Planned Residential designation,
presented and read. Michalski moved that this be considered the first reading of the Ordinance
and requested clarification of plans to be brought to the next meeting. Seconded by Connors.
Motion carried 7-0.
Upon motion the following was tabled: Roger Kunde/North End Wrecking - Request to
Rezone: Proof of publication on notice of hearing to consider rezoning property located at 55
West 32nd Street from AG Agricultural District to HI Heavy Industrial District as requested by
Roger Kunde/North End Wrecking and Zoning Advisory Commission recommending approval;
Communication from Joseph J. Bitter, representing North End Wrecking, regarding the
requested rezoning; Communication from Paul J. Uhlrich, 480 Olympic Heights Road, in
opposition to the proposed rezoning; Communication from Hope Huseman submitting a petition
in opposition to the proposed rezoning for North End Wrecking and an Ordinance Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial
District.
Loras College - Institutional District Amendment: Proof of publication on notice of hearing to
consider amending the ID Institutional District to construct an arena/wellness center and parking
lot as requested by Loras College and Zoning Advisory Commission recommending approval,
upon motion received and filed.
Jim Collins, President of Loras College, spoke in support of the project and Mike Jansen, IIW
Engineers, explained the specifics of the proposal.
Michalski questioned the number of homes that will be impacted with this new construction and
Cline questioned if the new parking lot will alleviate side street parking problems.
Ordinance No. 11-06 Amending Appendix A (the Zoning Ordinance) of the City of DUbuque
Code of Ordinances by providing for the amendment of Ordinances No. 18-00 and 01-02, and
approving an amended Campus Development Plan for the new Athletic and Wellness Center for
the Loras College ID Institutional District, presented and read.
Michalski moved 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 finally passed be
suspended. Seconded by Connors. Motion carried 7-0. Michalski moved final consideration
and passage of the Ordinance. Seconded by Lynch. Motion carried 7-0.
Garfield Place Urban Revitalization Area (Tabled on February 6, 2006): Upon motion this item
was removed from the table.
Proof of publication on notice of hearing to consider approval of an amended and restated
Garfield Place Urban Revitalization Area to add two adjoining lots for a proposed 12-room
single-room occupancy facility at 601 Garfield Avenue and to extend the duration of the plan
and City Manager recommending approval and communication from the Long Range Planning
Advisory Commission recommending expansion of the Garfield Place Urban Revitalization
District, upon motion received and filed.
Scott Potter, 515 Garfield, spoke clarifying the proposed project.
Ordinance No. 12-06 Establishing the Amended and Restated Garfield Place Urban
Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of
Iowa, presented and read. Connors moved 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
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to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Connors moved
final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0.
Manasseh House Urban Revitalization Area Plan: Proof of publication on notice of hearing to
consider approval of the Manasseh House Urban Revitalization Area Plan for a proposed
nineteen room single occupancy (SRO) facility for women, upon motion received and filed.
Michelle Mihalakis spoke clarifying the proposed project.
Ordinance No. 13-06 Establishing the Manasseh House Urban Revitalization Area as an
Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read.
Michalski moved 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 finally passed be
suspended. Seconded by Braig. Motion carried 7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Connors. Motion carried 7-0.
Tanzanite Drive and Sapphire Circle Planned Unit Development District: Proof of publication
on notice of hearing to consider amending the existing Planned Unit Development District for
property at the northwest corner of Tanzanite Drive and Sapphire Circle by eliminating the
option to develop property under R-3 Residential District zoning regulations as requested by the
City of Dubuque and the Zoning Advisory Commission recommending approval, upon motion
received and filed.
Rod Tschiggfrie, 600 Sapphire Circle, spoke stating he does not want to lose the R-1 option.
Ordinance No. 14-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinances NO.1 0-99, 96-02 and 86-03
which adopted regulations for the Emerald Acres NO.2 PUD Planned Unit Development District
with a PR Planned Residential Designation and approving an amended ordinance for the
Emerald Acres No.2 PUD Planned Unit Development District, presented and read. Connors
moved 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 finally passed be suspended.
Seconded by Cline. Motion carried 7-0. Connors moved final consideration and passage of the
Ordinance. Seconded by Jones. Motion carried 7-0.
2006 Curb Ramp Installation - CDBG Project, Phase II: Proof of publication on notice of
hearing to consider adoption of the plans and specifications for the 2006 Curb Ramp Installation
- CDBG Project, Phase II and award of the contract to Kluck Construction, Inc., in the amount of
$23,843, and City Manager recommending approval, upon motion received and filed. Cline
moved adoption of Resolution No. 60-06 Adopting plans and specifications; Resolution No. 61-
06 Awarding construction contract for the 2006 Curb Ramp Installation - CDBG Project, Phase
II and Resolution No. 62-06 Approving construction contract with Kluck Construction, Inc., for
the 2006 Curb Ramp Installation - CDBG Project, Phase II. Seconded by Michalski. Motion
carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Storage Container Ordinance (First Reading on February 6, 2006): Communication from
Steward Sandstrom, Dubuque Area Chamber of Commerce, requesting that he or designees of
the Chamber be given an opportunity to address the Council regarding the second reading of
the ordinance to regulate exterior storage containers, upon motion received and filed.
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Steward Sandstrom, President of the Dubuque Chamber of Commerce, spoke in opposition to
the proposed Storage Container Ordinance.
An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque
Code of Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage
Trailers establishing requirements for the use of exterior storage containers and storage trailers,
said Ordinance having been presented and read at the Council Meeting of February 6th, now
presented for further action. Connors moved that this be considered the second reading of the
Ordinance. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Connors,
Jones, Michalski. Nays-Braig, Cline, Lynch.
Walnut Ridge Estates - Preliminary Plat: Zoning Advisory Commission recommending
approval of the preliminary plat of Walnut Ridge Estates as requested by Lester Jennings, upon
motion received and filed and approved recommendation.
Lester Jennings spoke about the proposed development.
Golf Car Lease Agreement: City Manager recommending approval of the award of a five-year
lease for fifty (50) golf cars for the Bunker Hill Golf Course to Tiziani Golf Car Corporation,
presented and read.
After discussion, Michalski moved that the communications be received and filed and the lease
be awarded to Harris Golf Cars (Yamaha), Peosta, IA. Seconded by Braig. Carried by the
following vote: Yeas-Braig, Buol, Connors, Jones, Michalski. Nays-Cline, Lynch.
Organizational Development and Diversity Training: City Manager recommending approval of
the selection of One Ummah Consulting to perform Organizational Development and Diversity
Training for City employees at a cost of $79,200, upon motion tabled until after the adoption of
the Fiscal Year 2007 Budget.
City Electrical Ordinance: City Manager recommending approval of six changes to the
administrative portion of the City's Electrical Code to make the Electrical Code Board more user
friendly and to add some clarity to the various descriptions, upon motion received and filed.
Ordinance No. 15-06 Amending City of Dubuque Code of Ordinances Chapter 18 Electricity,
Section 81-2 National Electrical Code-Amendments, by amending Section 81-3 Electrical Code
Board by increasing the number of members from five to seven and providing for regular and
special meetings; by amending Section 83-1 Definitions "Apprentice or Helper," "Master
Electrician/Electrical Contractor," and "Journeyman Electrician, presented and read. Connors
moved 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 finally passed be suspended.
Seconded by Braig. Motion carried 7-0. Lynch moved final consideration and passage of the
Ordinance. Seconded by Connors. Motion carried 7-0.
Heeb Street and West 17th Street: City Manager recommending approval of the installation of
a stop sign on Heeb Street at West 17th Street, upon motion received and filed. Ordinance No.
16-06 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying
Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign at the
intersection of Heeb Street and West Seventeenth Street, presented and read. Michalski
moved 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 finally passed be suspended.
Seconded by Braig. Motion carried 7-0. Connors moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion carried 7-0.
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Regional Workforce Investment Board: City Council appointment to the Regional Workforce
Investment Board, upon motion received and filed and appointed Mayor Buol to this Board.
Old Main Historic District Sidewalks: City Manager recommending that City Council schedule
a work session on' March 27, 2006 to discuss the Old Main Historic District Sidewalk Paving
Options, upon motion received and filed and approved recommendation.
At 9:58 p.m. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)G) 2005 Code of Iowa. Seconded by Braig. Motion
carried 7-0.
At 10:17 p.m. Council reconvened Regular Session stating proper direction had been given
staff.
There being no further business, upon motion meeting adjourned at 10:18 p.m.
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Jeanne F. Schneider, CMC
City Clerk
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