5 1 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, May 1, 2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney 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 Council.
Invocation was given by Father Thomas Rhomberg.
Proclamations: KDTH Day (May 4, 2006) received by KDTH's Josie Cooper; Mental Health
Month (May, 2006) received by John Curtis; Historic Preservation Month (May, 2006) received by
Chris Olson; Parents Who Host, Lose the Most, Don't be a Party to Underage Drinking Month
(May, 2006); and Building Safety Week (May 7-13,2006).
CONSENT ITEMS
Minutes and Reports Submitted: Arts ands Cultural Affairs Advisory Commission of 2/23; City
Council of 4/17; Civil Service of 3/17; Environmental Stewardship Advisory Commission of 4/4;
Housing Commission of 3/28; Zoning Advisory Commission of 4/5, upon motion received and filed.
Proof of publication of City Council Proceedings of 4/3, upon motion received and filed.
Notice of Claims/Suits: Joseph Blatz for vehicle damage; Kristy Monahan, et ai, for vehicle
damage; Joyce Thul for personal injury, upon motion received and filed and referred to the City
Attorney for investigation/report.
City Attorney recommending denial of the claim of Leanne Horsfall for property damage and the
claim of Kathy Stump for property damage, upon motion received and filed and concurred.
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: Joseph L. Blatz for vehicle damage,
Eugene Monahan for vehicle damage, and Joyce Thul for personal injury, upon motion received
and filed and concurred.
Residential Parking Permit District Request: Communication from the residents of Vizaleea and
Keymont Drive requesting a Residential Parking Permit District in that area, upon motion received
and filed and referred to the City Manager.
Family Self-Sufficiency / Homeownership Program Coordinators: City Manager recommending
approval of an application to the U.S. Department of Housing and Urban Development (HUD) for
funds to renew the City's current Family Self-Sufficiency Program (FSS) Coordinator position and
to contract with Iowa State Extension for services to promote homeownership opportunities for
Section 8 Program families, upon motion received and filed and approved recommendation.
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Legislative Correspondence:
Communication to area legislators encouraging them to oppose HF 2351 regarding the use of
eminent domain by a municipality, upon motion received and filed.
Communication to officials of the Dubuque Community School District and Holy Family Catholic
School System alerting them of proposed state legislation that could have a significant, detrimental
impact upon their schools and the community, upon motion received and filed.
Communication to area legislators encouraging their opposition to HF 2467 and SF 2361 which
would end local franchising and contains no authority to require either wiring to or any free cable
service for public buildings, upon motion received and filed.
Teamsters Local Union No. 421: City Manager recommending approval of an amendment to the
Collective Bargaining Agreement with the Teamsters Union, upon motion received and filed and
approved recommendation.
Notice of Intent to Request Release of Funds - Fiscal Year 2007 CDBG Programs: City Manager
recommending approval of the publication of a Notice of Intent to Request Release of Funds for
Community Development Block Grant (CDBG) program activities, upon motion received and filed.
Michalski moved adoption of Resolution No. 168-06 Authorizing publication of a Notice of Intent to
Request Release of Funds for certain Community Development Block Grant Projects for Fiscal
Year 2007 (Program Year 2006). Seconded by Braig. Motion carried 7-0.
Voluntary Annexation Request - Wendell Corey, Motor City LLC: City Manager recommending
that the request of Wendell Corey, Motor City LLC, to annex eighty acres to the City of Dubuque
be referred to him to complete an annexation agreement, upon motion received and filed and
referred to the City Manager.
Voluntary Annexation Request - John W. and Sally Jo Herrig: City Manager recommending that
the request of John W. and Sally Jo Herrig to annex 112 aces to the City of Dubuque be referred
to him to complete an annexation agreement, upon motion received and filed and referred to the
City Manager.
Voluntary Annexation Request - Dean and Patricia Butler: City Manager recommending that the
request of Dean and Patricia Butler to annex eight acres of property to the City of Dubuque be
referred to him to complete an annexation agreement, upon motion received and filed and referred
to the City Manager.
Pyatigorsk Park Construction Project: City Manager recommending acceptance of the Pyatigorsk
Park Construction Project as completed by Tricon General Construction in the final contract
amount of $268,914.76, upon motion received and filed. Michalski moved adoption of Resolution
No. 169-06 Accepting improvement and Resolution No. 170-06 Approving final estimate.
Seconded by Braig. Motion carried 7-0.
Iowa Department of Transportation Sidewalk Assessment: City Manager recommending approval
to pay the Iowa Department of Transportation's assessment for the Asbury Road Sidewalk
Installation Project from City funds and that, in the future, assessment projects not be levied on
property owned by the Iowa Department of Transportation where no building exists, upon motion
received and filed and approved recommendation.
Urban Renewal Joint Agreement: City Manager recommending approval of an Urban Renewal
Joint Agreement with Dubuque County permitting the County to exercise urban renewal powers for
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the Namasco Company, upon motion received and filed. Michalski moved adoption of Resolution
No. 171-06 Approving an Urban Renewal Joint Agreement between the Dubuque County and the
City of Dubuque. Seconded by Braig. Motion carried 7-0.
Examining Board: City Manager recommending approval of the appointment of Budget Director
Dawn Lang to the Examining Board, upon motion received and filed and approved.
Dubuque Regional Humane Society: Communication from the Dubuque Regional Humane
Society in opposition to the proposed rezoning request of Dawne O'Meara, Alter
Salvage/Tschiggfrie Excavating for 190 North Crescent Ridge, upon motion received and filed and
referred to the City Manager.
Iowa League of Cities: Communication from the Iowa League of Cities thanking the City for
submitting a bid for the 2010 Annual Conference and Exhibit and advising that Coralville has been
selected as the host for the 2010 Annual Conference and Exhibit, upon motion received and filed.
Quarterly Investment Report: City Manager transmitting the March 31,2006 Quarterly Investment
Report, upon motion received and filed.
800 MHz Radios: City Manager recommending approval of the purchase of two 800 MHz radios
for Assistant City Manager Cindy Steinhauser and Public Information Officer Randy Gehl, upon
motion received and filed and approved recommendation.
International City/County Management Association: Communication from the International
City/County Management Association (ICMA) advising that City Manager Michael Van Milligen has
been elected as a Regional Vice President of ICMA, upon motion received and filed.
Business Licenses: Michalski moved adoption of Resolution No. 172-06 Granting the issuance
of a Class "C" Beer License to Hy-Vee Food Store, Casey's General Store #2421, and Casey's
General Store #2420 and Resolution No. 173-06 Granting the issuance of a Class "C" Beer/Liquor
License to Shot Tower Inn, Catfish Charlies, Easy Street, Olive Garden, Bartinis and Tott's Tap;
Class "B" Wine Permit to Carroll's Wine Company; and a Class "B" Native Wine (WB) to Rainbo
Oil Company for Kwik Stops at 2150 Twin Valley Drive, 4039 Pennsylvania, 2320 Highway 61,
2335 University Avenue, 2255 Kerper Boulevard and 2390 Central Avenue. Seconded by Braig.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Ham House Lease Agreement: City Manager recommending that a public hearing be set for May
15, 2006 to consider a new lease for the Ham House with the Dubuque County Historical Society,
upon motion received and filed. Cline moved adoption of Resolution No. 174-06 Fixing date of
hearing on lease agreement with date set for 5/15/06 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. Seconded by Lynch. Motion carried 7-0.
Interstate Power Company (Alliant) Easement: City Manager recommending that a public hearing
be set for May 15, 2006 to consider approval of a 100 foot easement to I nterstate Power Company
(Alliant) in the Port of Dubuque, upon motion received and filed. Cline moved adoption of
Resolution No. 175-06 Fixing the date for a meeting of the City Council of the City of Dubuque,
Iowa on the execution of an easement relating thereto with Interstate Power and Light Company,
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an Iowa Corporation, and providing for the publication of notice thereof, and set date of public
hearing for 5/15/06 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. Seconded by Lynch.
Motion carried 7-0.
NCR Developers, Inc./Martin McNamer - Request to Rezone 1 Improvements to North Cascade
Road: Setting a public hearing for June 5, 2006 to consider a request from NCR Developers,
Inc./Martin McNamer to rezone property located south of North Cascade Road from County A1
Agricultural/R2 Single-Family Residential District to City R-3 Moderate Density Multi-Family
Residential District in conjunction with annexation to the City of Dubuque and Zoning Advisory
Commission recommending approval with the condition that the entire area be zoned to R-2, upon
motion received and filed.
Zoning Advisory Commission urging the City Council to expedite roadway improvements to North
Cascade Road and recommending that the improvements occur concurrently with the proposed
residential development, upon motion received and filed.
City Manager recommending that the North Cascade Road project be considered for future
funding opportunities with no changes to the Five Year Street Program, upon motion received and
filed.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located south of North Cascade Road
from Dubuque County A-1 Agricultural and R-2 Single-Family Residential District to City of
Dubuque R-3 Moderate Density Multi-Family Residential District concurrent with annexation,
presented and read. Cline moved that this be set for public hearing on 6/5/06 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. Seconded by Lynch. Motion carried 7-0.
Gary and Mary Beth Valentine - Request to Rezone: Setting a public hearing for June 5, 2006 to
consider a request from Gary and Mary Beth Valentine to rezone property located at the southeast
corner to North Cascade Road and Edval Lane from County A1 Agricultural/R2 Single-Family
Residential District to City R-3 Moderate Density Multi-Family Residential District in conjunction
with annexation to the City of Dubuque and Zoning Advisory Commission recommending approval
with the condition that the property be rezoned to R-2 Two-Family Residential, upon motion
received and filed. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property located at the
southeast corner of North Cascade Road and Edval Lane from Dubuque County A-1 Agricultural
and R-2 Single-Family Residential District to City of Dubuque R-3 Moderate Density Multi-Family
Residential District concurrent with annexation, presented and read. Cline moved that this be set
for public hearing on 6/5/06 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. Seconded by Lynch.
Motion carried 7-0.
Thomas and Sheri Henschel - Request to Rezone: Setting a public hearing for June 5, 2006 to
consider a request from Thomas and Sheri Henschel to rezone property located west of Miller
Road in Dubuque County from County R2 Single-Family Residential District and City AG
Agricultural District to City R-2 Two-Family Residential District in conjunction with annexation to the
City of Dubuque and the Zoning Advisory Commission recommending approval, upon motion
received and filed. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property located west of Miller
Road from Dubuque County R2 Single-Family Residential District and City of Dubuque AG
Agricultural District to City of Dubuque R-2 Two-Family Residential District, concurrent with
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annexation, presented and read. Cline moved that this be set for public hearing on 6/5/06 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. Seconded by Lynch. Motion carried 7-0.
NCR Developers, Inc. / Martin McNamer - Request for Voluntary Annexation: City Manager
recommending that a public hearing be set for June 5, 2006 to consider a request from NCR
Developers, Inc. / Martin McNamer to voluntarily annex 181.59 acres to the City of Dubuque
contingent on approval of the development annexation agreement, upon motion received and filed
and set public hearing for 6/5/06 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.
Gary and Mary Beth Valentine - Request for Voluntary Annexation: City Manager recommending
that a public hearing be set for June 5, 2006 to consider a request from Gary and Mary Beth
Valentine to voluntarily annex 58.62 acres to the City of Dubuque contingent on approval of the
development annexation agreement, upon motion received and filed and set public hearing for
6/5/06 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.
Thomas and Sheri Henschel - Request for Voluntary Annexation: City Manager recommending
that a public hearing be set for June 5, 2006 to consider a request from Thomas and Sheri
Henschel to voluntarily annex 39.08 acres to the City of Dubuque contingent on approval of the
development annexation agreement, upon motion received and filed and set public hearing for
6/5/06 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.
University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project: City Manager
recommending initiation of the public bidding process for the University Avenue Culvert and
Sanitary Sewer Extension Reconstruction Project and that a public hearing be set for June 5, 2006
to consider adoption of the plans and specifications, upon motion received and filed. Cline moved
adoption of Resolution No. 176-06 Preliminary approval of plans and specifications, Resolution
No. 177-06 Setting date of hearing on plans and specifications for 6/5/06 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, and Resolution No. 178-06 Ordering bids. Seconded by Lynch.
Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Housing Code Appeals Board (One unexpired three-year term through 1/11/08) Applicant: David
Young Upon motion David Young appointed to the Housing Code Appeals Board for an
unexpired three year term which will expire 1/11/08.
Long Range Planning Advisory Commission (One unexpired three-year term through 7/1/08)
Applicant: Otto Krueger Upon motion Otto Krueger appointed to the Long Range Planning
Advisory Commission for an unexpired three year term which will expire 7/1/08.
TV Cable Regulatory Commission (One unexpired three-year term through 6/30/07)
Applicant: Kevin R. Stevens Upon motion Kevin R. Stevens appointed to the TV Cable
Regulatory Commission for an unexpired term which will expire 6/30/07.
PUBLIC HEARINGS
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Upon motion the rules were suspended to allow anyone present to address the Council.
Fiscal Year 2006 Budget Amendment: Proof of publication on notice of hearing to consider the
second amendment to the Fiscal Year 2006 budget and City Manager recommending approval,
upon motion received and filed. Cline moved adoption of Resolution No. 179-06 Amending the
Fiscal Year 2006 Budget for the City of Dubuque. Seconded by Connors. Motion carried 7-0.
A.Y. McDonald Park Development - Phase II Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the A.Y. McDonald Park Development -
Phase II Project and City Manager recommending award of the contract to Portzen Construction,
Inc., in the amount of $849,653.90, upon motion received and filed. Connors moved adoption of
Resolution No. 180-06 Adopting plans and specifications, Resolution No. 181-06 Awarding
contract and Resolution No. 182-06 Approving construction contract with Portzen Construction,
Inc. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Request to Rezone - 3219 Asbury Road (First Reading on 4/17/06): Ordinance No. 30-06
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter property located at 3219 Asbury Road from R-2c Two-Family Residential
District, with conditions, to OS Office Service District, said Ordinance having been presented and
read at the Council Meeting of 4/17/06, now presented for further action. 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 and moved final
consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0.
Proposed Hunting Ordinance (Third Reading Reconsidered at April 17, 2006 Meeting) City
Manager submitting the revised ordinance to allow hunting and target practice on agricultural
property of more than ten acres within the City limits with the approval of the City Manager on a
case-by-case basis, upon motion received and filed.
Request of David S. Hartig, Jr. and his legal counsel to address the City Council regarding the
proposed hunting ordinance, upon motion received and filed.
David Hartig, 1255 Southern, spoke objecting to the Ordinance, citing shotgun dangers and
noise.
Attorney William Toomey, 200 Security Building. spoke objecting to the Ordinance citing safety
issues.
Rob McDonald, 16113 Paradise Lane, spoke in support of the proposed Ordinance.
Jones moved to receive and file the communications and to approve the proposed changes in
the Ordinance. Seconded by Braig. Carried by the following vote: Yeas-Braig, Buol, Connors,
Jones, Lynch. Nays-Cline Michalski.
Ordinance No. 31-06 Amending the City Code of Ordinances, Chapter 33, Offenses and
Miscellaneous Provisions, by adopting a new Section 33-17 Hunting and Target Practice
Permitted, authorizing the City Manager to issue an Annual Permit to a Property Owner Allowing
Hunting and Target Practice within the corporate limits of the City under certain conditions, said
Ordinance having been presented and read at the Council Meetings of 3/6/06 and 3/20/06, and
brought back on 4/17/06, now presented for final action.
Jones moved final consideration and passage of the Ordinance. Seconded by Lynch. Carried by
the following vote: Yeas-Buol, Connors, Jones, Lynch. Nays-Braig, Cline, Michalski.
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Ethanol and Biodiesel Plants: City Manager recommending approval of implementing a
moratorium on the construction of ethanol and biodiesel plants within the City limits of Dubuque for
six months, upon motion received and filed. Ordinance No. 32-06 Amending the City of Dubuque
Code of Ordinances by adopting a new Section 11-58.6 Prohibiting the Issuance of Building
Permits for the Construction of Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants and
Biodiesel Processing Facilities, 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 Michalski. Motion carried
7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Michalski.
Motion carried 7-0.
Iowa Sister States: Communication from Cyndi Chen, President of the Board of Directors of
Iowa Sister States, reporting on activities of the organization and requesting support, upon motion
received and filed and referred to the City Manager.
Contracts and Leases: City Manager recommending approval of a resolution authorizing the City
Manager to execute contracts and leases on behalf of the City, upon motion received and filed
with the provision of a monthly report being provided to Council. Cline moved adoption of
Resolution No. 183-06 Authorizing the City Manager to execute contracts and leases on behalf of
the City of Dubuque. Seconded by Jones. Motion carried 7-0.
Sister City Committee: Communication from Jeffrey L. Walters regarding City Council
representation on the Sister City Committee, upon motion received and filed and approved Mayor
Buol as representative on this Committee.
COUNCIL MEMBER REPORTS
Braig questioned the status of the Request for Proposals for the bluffs study.
There being no further business, upon motion meeting adjourned at 7:53 P.M.
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t:ie:ne F. Schneider, CMC
City Clerk
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