5 15 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, May 15, 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, City Manager Van
Milligen
Absent: City Attorney Lindahl
Absent at Roll Call: Council Member Michalski who entered at 6:05 P.M.
Mayor Buol read the call and stated this is a special session of the City Council called for the
purpose of discussing the renovation plans for the Carnegie Stout Public Library.
Alan Avery, Chair of the Library Board of Trustees, spoke and introduced the Library Board
Members: Susan Lindsay, Michael Shubatt, Kristen Smith, Diann Guns, Beverly Kotz, Becky
Hauder, Library Director Susan Henricks and Architects Bruce Hamous, AIA-M and Bradd Brown,
AlA of OPN Architects.
Mr. Avery spoke giving the history of this great building and gave an overview of the proposed
renovation, citing usage of unused and underutilized spaces, while accenting and uncovering non-
used windows and other unique historical elements. Ms. Hendricks clarified the requested funding,
including City funds, grants, and other possible funding sources.
Council discussed positively the proposed renovation, questioned the specific funding needs, but
did not commit additional funds at this time. Council requested they be kept updated as to the
project and urged the building of a constituency to back the project.
There being no further business, upon motion the meeting adjourned at 6:15 P.M.
1fI(Jt[tL '} (( ti1-c:}7>f r<:11;-1:tJ
Karen M. Chesterman
Deputy City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, May 15, 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.
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Invocation was given by Father Andrew Eagan of the Dubuque Rescue Mission.
Proclamations: Nursing Home Month (May, 2006) received by Barbara Barker, Administrator of
Dubuque Nursing and Rehab; and Bike Safety Month (May, 2006) received by Morning Optimists
President Jim Unsen and President-Elect Lou Oswald.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 4/24; Cable TV Regulatory Commission
of 3/8; City Council of 5/1; Civil Service Commission of 4/20; Environmental Stewardship Advisory
Commission of 5/2; Historic Preservation Commission of 4/20; Human Rights Commission of 4/10;
Investment Oversight Advisory Commission of 4/26; Park and Recreation Commission of 3/14;
Zoning Advisory Commission of 5/3, upon motion received and filed.
Library Board of Trustees update from the meeting of April 27, 2006, upon motion received and
filed.
Investment Oversight Advisory Commission 52nd Quarterly Report, upon motion received and
filed.
Proofs of publication of City Council Proceedings of April 17, 2006 and List of Claims and
Summary of Revenues fro Month Ending March 31, 2006, upon motion received and filed.
Notice of Claims/Suits: June Link, et al v. City of Dubuque, et al; James and Genevieve Givens
for property damage; David Goetzinger for personal injury; Stacy Jungblut for personal injury; Mark
Kressig v. City of Dubuque Ambulance Service; George and Colleen Smith for property damage;
Washington Mutual Bank, FA vs. City of Dubuque, et ai, upon motion received and filed and
referred to the City Attorney for investigation/report.
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: George W. Smith for property
damage; Stacy Jungblut for personal injury; James T. Givens for property damage; David
Goetzinger for personal injury, upon motion received and filed and concurred.
Worker's Compensation Claim: City Manager recommending approval of the settlement of the
worker's compensation claim of Margaret Schemmel, upon motion received and filed and
approved settlement.
Purchase of Property: City Manager recommending approval of the purchase of the Gary
Anderson property at 655 Gillespie Street as part of the acquisition program associated with
expansion of the Bee Branch Creek Restoration Project, upon motion received and filed and
approved recommendation.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that The Security Building, 800 Main Street, will be considered by the State National
Register Nominations Review Committee for nomination to the National Register of Historic Places
on June 9, 2006, upon motion received and filed.
National Mississippi River Museum and Aquarium - Great River Road Interpretive Signage
Project: City Manager recommending acceptance of the National Mississippi River Museum and
Aquarium - Great River Road Interpretive Signage Project as completed by Lange Sign Group in
the final contract amount of $23,010, upon motion received and filed. Connors moved adoption of
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Resolution No. 184-06 Accepting improvement and Resolution No. 185-06 Final estimate.
Seconded by Jones. Motion carried 7-0.
Jeld-Wen - Irrevocable License: City Manager recommending approval of an Irrevocable License
for Jeld-Wen Fiber Products to construct a dock loading area on Jackson Street and an air-
makeup unit on Washington Street, between 7th and 8th Streets, upon motion received and filed
and approved recommendation.
Fiscal Year 2007 Wage Plan and Compensation Package for Non-Bargaining Unit Employees:
City Manager recommending approval of the Fiscal Year 2007 wage plan and compensation
package for non-bargaining unit employees, upon motion received and filed. Connors moved
adoption of Resolution No. 186-06 Approving the wage plan and compensation package for non-
bargaining unit employees for Fiscal Year 2007. Seconded by Jones. Motion carried 7-0.
409 Burch Street (Tabled on February 6, 2006): City Manager submitting an update on the
rehabilitation of 409 Burch Street and recommending that this item be tabled to June 19, 2006,
upon motion received and filed and tabled to the Council Meeting of 6/19/106.
HUD Continuum of Care: City Manager recommending approval of the submittal of a renewal
application to the U.S. Department of Housing and Urban Development (HUD) for renewal funds
for agencies administering Continuum of Care services to homeless persons, upon motion
received and filed and approved recommendation.
HUD Lead-Based Paint Hazard Control Grant: City Manager recommending approval of an
application to the US Department of Housing and Urban Development for $2,763,117 for
continuation of the Lead-Based Paint Hazard Prevention Program, upon motion received and filed
and approved recommendation.
Notice of Intent to Request Release of Funds - Step by Step Program: City Manager
recommending approval of the publication of a combined Notice of Finding of No Significant
Impact on the Environment and Notice of Intent to Request Release of Funds for the Step by Step
Project, upon motion received and filed. Connors moved adoption of Resolution No. 187-06
Authorizing publication of a concurrent Notice of Finding of No Significant Impact on the
Environment and Notice of Intent to Request Release of Funds for the Step by Step Inc. Project.
Seconded by Jones. Motion carried 7-0.
A.Y. McDonald Park, Phase I Project: City Manager recommending acceptance of the A.Y.
McDonald Park, Phase I Project as completed by Portzen Construction, Inc., in the final contract
amount of $667,008.00, upon motion received and filed. Connors moved adoption of Resolution
No. 188-06 Accepting improvement and Resolution No. 189-06 Approving final estimate.
Seconded by Jones. Motion carried 7-0.
MCC Iowa LLC (Mediacom) - 2005 Annual Report: MCC Iowa LLC (Mediacom) submitting the
2005 Annual Report, upon motion received and filed.
PEG Access Capital Grant Expenditure: City Manager recommending approval to receive a
$14,000 Cable Grant for Access Equipment and Facilities from the Cable Community
Teleprogramming Commission to be used for purchasing a new message information system for
City Channel 8, upon motion received and filed and approved recommendation.
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2006 Justice Assistance Grant: City Manager recommending approval and acceptance of the
2006 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $29,008 to provide
funds for overtime for illegal drug investigations and special enforcement teams, upon motion
received and filed.
Technology Transfer Program: City Manager recommending approval of a 2006 Technology
Transfer Program grant application for the purchase of a pre-designated Computer Forensics Tool
Kit, upon motion received and filed and approved recommendation.
Iowa Health Systems Child Safety Program: City Manager recommending approval of the City
. participating in a child safety program sponsored by the Iowa Health Systems (Finley Hospital is
the local affiliate) and endorsed by the Iowa Department of Public Safety, upon motion received
and filed.
ADC Properties - Certificate of Completion: City Manager recommending approval of the
issuance of a Certificate of Completion for ADC Properties, L.C. (Advanced Data-Comm), upon
motion received and filed and approved recommendation.
Banner Requests: City Manager recommending approval of the design for America's River
Corporation and Dubuque Main Street, Ltd. banners that will be hung on the Town Clock, upon
motion received and filed and approved recommendation.
Gateway Landscaping Project: City Manager recommending acceptance of the Gateway
Landscaping Project as completed by Portzen Construction, Inc., in the final contract amount of
$764,002.25, upon motion received and filed. Connors moved adoption of Resolution No. 190-06
Accepting improvement and Resolution No. 191-06 Approving final estimate. Seconded by Jones.
Motion carried 7-0.
Pedestrian Wayfinding Signs Consultant: City Manager recommending approval of the selection
of Mission Creative to provide graphic design services for a directional Pedestrian Wayfinding Sign
Program for persons traveling throughout Downtown Dubuque, including the Port of Dubuque,
upon motion received and filed and approved recommendation.
Request to Vacate: Communication from Arnold J. Van Etten, representing James and Shirley
Christensen, requesting that a portion of the plat of "North Dubuque" be vacated, upon motion
received and filed and referred to the City Manager.
Historic Preservation Awards Ceremony: Communication from the Historic preservation
Commission inviting the City Council to attend the Ken Kringle Historic Preservation Awards
Ceremony on May 18, 2006 at the Mandolin Inn, upon motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising of the successful completion of the Community Economic
Betterment Account (CEBA) Program contract with Cottingham/Butler Insurance Services, upon
motion received and filed.
Consultation on Voluntary Annexation Requests: Communication to Wayne Demmer, Dubuque
County Board of Supervisors, regarding the voluntary annexation requests of Gary and Mary Beth
Valentine, North Cascade Road (NCR) Developers, and Tom and Sheri Henschel, upon motion
received and filed and approved letter.
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Improvement Contracts / Performance, Payment and Maintenance Bonds: Former Water
Department and Stealth Racing Building - Demolition and Site Clearance Project; 2006 Asphalt
Paving Program Project; Port of Dubuque Parking Lot No. 1 Reconstruction and Landscaping
Project, upon motion received and filed and approved contracts and bonds.
Business Licenses: Connors moved adoption of Resolution No. 192-06 Granting the issuance of
one new cigarette license to Ron's Discount Smokes/Beverage Center; Resolution No. 193-06
Granting the issuance of a Class "B" Beer (5 Day Special Event) to Catfish Festival and Dubuque
Jaycees; Class "B" Beer Permit to Pizza Ranch; and Class "C" Beer Permit to Oky Doky #1, Ron's
Discount Smokes, Oky Doky #2 and McCann's Service and Resolution No. 194-06 Granting the
issuance of a Class "A" Liquor License to Dubuque Golf and Country Club; Class "C" Beer/Liquor
License to Busted Lift, Houlihans/Hilton Garden Inn, Breaktime Bar and Grill, Bricktown/Stonewall
Lounge, and Denny's Lux Club; and Class "B" Wine Permit to Oky Doky #2. Seconded by Jones.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Hwy 151 & 61 Development, LLC Development Agreement: City Manager recommending that a
public hearing be set for June 5, 2006 to consider approval of a development agreement with Hwy
151 & 61 Development, LLC that provides for public financial assistance and other considerations
for the redevelopment of the former Smithfield property on 16th Street, upon motion received and
filed. Cline moved adoption of Resolution No. 195-06 Intent to Dispose of an Interest in City Real
Estate and Easements and Fixing the date for a Public Hearing of the City Council of the City of
Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations
and the Execution of a Development Agreement relating thereto with Hwy 151 & 61 Development,
LLC, and providing for the publication of Notice thereof 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. Seconded by Lynch. Motion carried 7-0.
Wendell Corey, Motor City LLC - Request to Rezone: Setting a public hearing for June 19, 2006
to consider a request from Wendell Corey, Motor City LLC to rezone property located north of
Asbury Plaza Shopping Center in Dubuque County from County AG Agricultural District to City
PUD Planned Unit Development with a PC Planned Commercial designation in conjunction with
annexation to the City of Dubuque and Zoning Advisory Commission recommending approval, and
an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located north of Asbury Plaza
Shopping Center from County AG Agricultural District to City PUD Planned Unit Development with
a PC Planned Commercial designation in conjunction with annexation, presented and read. Cline
moved that this be set for public hearing on 6/19/06 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.
John and Sally Jo Herrig - Request to Rezone: Setting a public hearing for June 19, 2006 to
consider a request from John and Sally Jo Herrig to rezone property located south of Derby
Grange Road in Dubuque County from County A 1 Agricultural to City AG Agricultural District, R-3
Moderate Density Multi-Family Residential District and C-3 General Commercial District in
conjunction with annexation to the City of Dubuque and Zoning Advisory Commission
recommending approval with conditions and that the property be rezoned to R-2 Two-Family
Residential, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of
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Dubuque Code of Ordinances by reclassifying hereinafter described property located south of
Derby Grange Road from County A 1 Agricultural to City AG Agricultural District, R-3 Moderate
Density Multi-Family Residential District and C-3 General Commercial District in conjunction with
annexation to the City of Dubuque, presented and read. Cline moved that this be set for public
hearing on 6/19/06 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.
Dean and Patricia Butler - Request to Rezone: Setting a public hearing for June 19, 2006 to
consider a request from Dean and Patricia Butler to rezone property located south of Derby
Grange Road in Dubuque County from County A 1 Agricultural District to City R-3 Moderate
Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque and
the Zoning Advisory Commission recommending approval with the condition that the property is
rezoned R-2 Two-Family Residential District, and an Ordinance Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located south of Derby Grange Road in Dubuque County from County A 1 Agricultural
District to City R-3 Moderate Density Multi-Family Residential District in conjunction with
annexation to the City of Dubuque, presented and read. Cline moved that this be set for public
hearing on 6/19/06 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.
Wendell Corey, Motor City LLC - Request for Voluntary Annexation: City Manager
recommending that a public hearing be set for June 19, 2006 to consider a request from Wendell
Corey, Motor City LLC to voluntarily annex to the City of Dubuque contingent on approval of the
zoning and the annexation agreement, upon motion received and filed and set for public hearing
on 6/19/06 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.
John and Sally Jo Herrig - Request for Voluntary Annexation: City Manager recommending that
a public hearing be set for June 19,2006 to consider a request from John and Sally Jo Herrig to
voluntarily annex to the City of Dubuque contingent on approval of the zoning and the annexation
agreement, upon motion received and filed and set for public hearing on 6/19/06 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.
Dean and Patricia Butler - Request for Voluntary Annexation: City Manager recommending that
a public hearing be set for June 19, 2006 to consider a request from Dean and Patricia Butler to
voluntarily annex to the City of Dubuque contingent on approval of the zoning and the annexation
agreement, upon motion received and filed and set for public hearing on 6/19/06 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.
Fifth Street Reconstruction - Alpine to Delhi Project: City Manager recommending initiation of
the public bidding process for the Fifth Street Reconstruction - Alpine to Delhi Project and that a
public hearing to consider the plans and specifications be set for June 5, 2006, upon motion
received and filed. Cline moved adoption of Resolution No. 196-06 Preliminary approval of plans
and specifications; Resolution No. 197-06 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; Resolution No. 198-06 Ordering bids;
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Res. 199-06 Of Necessity; Resolution No. 200-06 Fixing date of hearing on Resolution of
Necessity 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. 201-06
Approving preliminary schedule of assessments. Seconded by Lynch. Motion carried 7-0.
Five Flags Arena Fall Protection Project: City Manager recommending initiation of the public
bidding process for the Five Flags Arena Fall Protection Project and that a public hearing to
consider the plans and specifications be set for June 19, 2006, upon motion received and filed.
Cline moved adoption of Resolution No. 202-06 Preliminary approval of plans and specifications;
Resolution No. 203-06 Setting Date of Hearing on Plans and Specs. for 6/19/06 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. 204-06 Ordering bids. Seconded by Lynch.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Civil Service Commission (One four-year term through 4/6/10 - term of Kluesner)
Applicant: Loras Kluesner No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Request to Rezone - Alter Scrap ProcessingfTschiggfrie Excavating Company: Proof of
publication on notice of hearing to consider rezoning property located at 190 North Crescent Ridge
from CS Commercial Service and Wholesale District and C-3 General Commercial District to PI
Planning Industrial District as requested by Alter Scrap ProcessingfTschiggfrie Excavating
Company and Zoning Advisory Commission recommending approval; City Manager response to
the concerns raised in the communication from the Humane Society which was referred to staff by
the City Council at the May 1, 2006 meeting; Communication from Stephen C. Krumpe,
representing Medical Associates Clinic and Medical Associates Realty, in opposition to the
proposed rezoning and requesting that he be allowed fifteen minutes to address the Council;
Communication from Jeffrey L. Gonner, Medical Associates Chief Financial Officer, submitting
information in opposition to the proposed rezoning; Communication from the Humane Society of
Scott County in support of the proposed rezoning for Alter Scrap ProcessingfTschiggfrie
Excavating Company; Communication from Stephen C. Krumpe submitting protest letters signed
by a majority of the owners of property within 200 feet of 190 North Crescent Ridge;
Communication from the Dubuque Regional Humane Society in opposition to the proposed
rezoning request of Dawne O'Meara, Alter SalvagefTschiggfrie Excavating for 190 North Crescent
Ridge (presented at May 1, 2006 City Council meeting); Communication of L. Peter Alt, M.D. of
Medical Associates objecting to rezoning for Scrap Processing usage; Communication of Scott
Frank, President and CEO of Oak Park Place, objecting to the proposed rezoning for a recycling
scrap yard and that the nearby parkland, given by Medical Associates should stay a parklike
setting; Communication of Clay Wilwert, President of Wilwert's, objecting to the proposed rezoning
citing a safety concern for his customers if debris is dropped from trucks delivering scrap;
Communication of Public Health Specialist Mary Rose Corrigan stating there have been no noise
complaints at the present site of this business, 180 Harrison St.; Communication of Attorney Gary
Norby, representing Tschiggfrie Excavating Co. and Alter Trading Co., stating the proposed
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rezoning of 190 N. Crescent Ridge is proper and in the public interest; Communication of James
Schumacher of LaMar Advertising stating the rescinding of their original letter of opposition to the
proposed rezoning, presented and read.
Dawne O'Meara, General Manager of Alter Scrap Processing, spoke introducing the ownership,
management and consultant team of Alter Scrap: Rob Goldstein, Bob Rosencrantz, Bob Ellis,
Guy Jackson, Environmental Sanitarian Sarah Sycking, Engineers Dennis & Tim Waugh and
Corporate Counsel Gary Norby.
Ms. O'Meara requested Council approval for the rezoning to give the Company a larger place for
relocation. Their present location, 180 Harrison, is only one acre and the new site would rezone
7.9 acres of the 22 acre site. The company will spend $3 million to relocate and has a huge
commitment to Dubuque with their long presence here. They employ eleven employees with good
pay and benefits and expect to add more. They have operated for 23 years with no citations and
stressed that all scrap is moved within twenty days and the company is committed to being a good
neighbor.
Bob Hartig, representing Medical Associates, spoke objecting to the proposed rezoning. He
stressed that this rezoning was turned down in December and nothing has really changed. He
showed various photos of the view of the proposed site for the recycling plant from the nearby
offices of Medical Associates and Oak Park Place Retirement and Assisted Living buildings. He
objected to the noise and view that would impact the citizens that live there.
Guy Jackson, Alter Scrap's Director of Safety and Management, stressed that Alter is a good
corporate citizen and they had hired a neutral third-party, Liberty Mutual, to do a noise survey. He
stated that the noise would be at acceptable levels.
Dennis Waugh, IIW Engineers, delivered a PowerPoint presentation showing the various
computer renderings of the nearby buildings clarifying the views each would be afforded. He
distributed a booklet with photos and graphs illustrating this.
Attorney Steve Krumpe, on behalf of Medical Associates, objected to the rezoning proposal,
stating that truck traffic will increase, perhaps leaving debris on the highways. He stressed that
Medical Associates and Oak Park Place were each a $13 million investment in Dubuque. Property
values would diminish with this usage. He stated that the City has RFP's out for a new Unified
Development Code which would study the City's entire zoning system. He stressed this is not a
good rezoning for this western Gateway to Dubuque area.
Bob Hartig spoke stressing that the Vision 2010 plan has hiking and biking trails as a priority.
Medical Associates gave the City several acres along the creek to provide for a trail and this trail
area is listed in the City code and should be kept for the biking and hiking trail. The impact noise
of trucks, three cranes, and a shaker table would be very noisy and additive.
Terry Koelker of Buesing and Associates spoke and showed photographs of the impacted areas.
Dr. Mark Runde, Board President of Medical Associates Clinic, spoke and stressed Medical
Associate's 80+ year presence in Dubuque, including 10 years as a good neighbor on the west
side of town, and requested Council turn down the proposed Ordinance allowing the relocation of
Alter Scrap Recycling Plant.
Bill Latham, 35 Oak Grove Dr. spoke objecting, stating this is not a good usage near their
residential neighborhood.
Vince Wernimont, 65 Oak Grove Dr., spoke agreeing with all in opposition, stressing that their
private wells have been unusable at times and with Alter's proposed expansion there would be
more noise, shaking impact and lots of truck traffic. He was born and raised near this area and
stated that during flooding this area would be under water.
Dennis Ries, Manager of the Comfort Inn, spoke stating they have been there for 16 years and
have 150-210 people stay each night. Their customers walk to various nearby businesses and
more traffic and congestion would inhibit and endanger them.
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Greg Paulsen, 1941 Coates St., representing his parents who reside at Oak Park Place, spoke
objecting to the noise, stating even now the nearby railroad is noisy.
Clay Wilwert, 145 N. Crescent Ridge, spoke and stated he spent 3.2 million to put up a state-of-
the-art business and warned that dropped nails or debris from trucks using Alter Scrap Recycling
would impact the safety of his motorcycle customers.
Galen Kroger, Internal Auditor for Alter, stressed that the company has been looking for room to
expand for ten years, that this is not a junkyard but rather a recycling facility.
Leonard Weis, 20 Oak Grove Dr., stated he has lived in his home for 33 years, raised 12 children
there, and has continued to upgrade, add to and renovate his property, and objected to the
proposed rezoning.
Environmental Sanitarian Sarah Sycking spoke stressing the measures that would be taken to
mitigate any detrimental environmental problems.
Jeff Gonner, 1012 Barbaralee, as a Medical Associates Employee, objected to the proposed
rezoning.
Rob Goldstein, CEO of Alter Scrap Processing Co., spoke and stressed Alter's integrity and
requested Council support in this venture.
Ed Tschiggfrie, 400 Julien Dubuque Dr., spoke clarifying any stormwater problems on this site.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 190 North Crescent Ridge
from CS Commercial Service and Wholesale District and C-3 General Commercial District to PI
Planned Industrial District, presented and read. Michalski moved to receive and file the proof and
communications and consider this the first reading of the Ordinance. Seconded by Jones. Motion
failed due to the following vote: Yeas-Cline, Connors, .Michalski. Nays-Braig, Buol, Jones,
Lynch.
At 9:56 Council recessed.
At 10:05 Council reconvened.
Communication of Thomas Zalaznik withdrawing the following rezoning request. Request to
Rezone - Thomas Zalaznik: Proof of publication on notice of hearing to consider rezoning property
located north of Crescent Ridge Road from AG Agricultural District to CS Commercial Services
and Wholesale District as requested by Thomas and Valorie Zalaznik/Edward and Valorie Zalaznik
and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property
located north of Crescent Ridge Road from AG Agricultural District to CS Commercial Services
and Wholesale District.
Request to Rezone - 605 Peru Road: Proof of publication on notice of hearing to consider
rezoning property located at 605 Peru Road from R-1 Single-Family Residential District to LI Light
Industrial District as requested by Robert Clauer and Zoning Advisory Commission recommending
approval, with conditions, upon motion received and filed.
Ordinance No. 33-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located at 605 Peru Road from R-1 Single-Family
Residential District to LI Light Industrial District, with conditions, 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 that this be the final consideration
and adoption of the Ordinance. Seconded by Jones. Motion carried 7-0.
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Request to Rezone - Uelner Precision Tool and Die: Proof of publication on notice of hearing to
consider amending the Dubuque Industrial Center Planned Unit Development (PUD) District to
modify maximum lot coverage and setbacks along street frontages as requested by Uelner
Precision Tool and Die/Greater Dubuque Development Corporation and Zoning Advisory
Commission recommending approval, upon motion received and filed.
Dan McDonald, of the Greater Dubuque Development Corporation, 300 Main St., praised Uelner
Precision Tool and Die for investing a lot of money in their business.
Ordinance No. 34-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque
Industrial Center Phases I And II located at the southwest corner of Highway 32 (Northwest
Arterial) and Chavenelle Road and by repealing Ordinance 69-98, Ordinance 5-99, Ordinance 40-
00 and Ordinance 18-02, 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 Braig.
Motion carried 7-0.
Request to Rezone - Larry and Del Miller: Proof of publication on notice of hearing to consider
rezoning property located at the corner of Bies Drive and Sylvan Drive from R-4 Multi-Family
Residential District to OS Office Services District as requested by Larry and Del Miller and Zoning
Advisory Commission recommending approval, upon motion received and filed.
Larry Miller spoke clarifying the requested rezoning.
Ordinance No. 35-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at the intersection of Sylvan
and Bies Drives from R-4 Multi-Family Residential District to OS Office Service 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 Lynch. Motion carried 7-0. Connors moved final
consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0.
Ham House Lease Agreement: Proof of publication on notice of hearing to consider a new lease
for the Ham House with the Dubuque County Historical Society and City Manager recommending
approval, upon motion received and filed.
Jerry Enzler, Executive Director of the Dubuque County Historical Society, spoke in appreciation
of the 25 year lease.
Cline moved adoption of Resolution No. 205-06 Disposing of interest in real property by lease
agreement to the Dubuque County Historical Society. Seconded by Braig. Motion carried 7-0.
Interstate Power Company (Alliant) Easement: Proof of publication on notice of hearing to
consider approval of a 100 foot easement to Interstate Power Company (Alliant) in the Port of
Dubuque and City Manager recommending approval, upon motion received and filed. Michalski
moved adoption of Resolution No. 206-06 Authorization to dispose of an interest in real property
by easement to Interstate Power and Light Company. Seconded by Braig. Motion carried 7-0.
Suggested Disposition: Receive and File; Adopt Resolution
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
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Dubuque Main Street, Ltd.: Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly
report. Dan LoBianco, 1741 Avalon, gave a brief, verbal report of the many positive programs of
Main Street Ltd. Upon motion the report was received and filed.
2006 - 2007 Deer Management Plan: City Manager submitting the results of this year's Urban
Deer Management Program and recommending approval of the revised plan for the 2006 - 2007
hunting season including that hunting on parcels of less than three acres would be approved on a
case-by-case basis and a communication from the Environmental Stewardship Advisory
Commission recommending continuation of the Urban Deer Management Plan for 2006 - 2007
and further recommending that hunting on parcels of less than three acres not require approval on
a case-by-case basis, upon motion received and filed and directed that the recommendation of the
City Manager be followed. Mike Buelow, Chair of the Environmental Stewardship Commission,
spoke clarifying the report.
Arts and Cultural Affairs Advisory Commission: Arts and Cultural Affairs Advisory Commission
recommending approval of Fiscal Year 2007 Arts and Culture Operating Support funding requests
and authorize the City Manager to sign the funding agreements, upon motion received and filed
and approved recommendation. Mark Wahlert, Chair of the Commission, spoke clarifying their
funding decisions.
Cable Television Franchise - Amendment for I-Net Construction: City Manager recommending
approval of some changes to the cable franchise related to the I-Net that would benefit the City
and Mediacom, upon motion received and filed and approved recommendation.
Iowa Department of Economic Development: Communications from the Iowa Department of
Economic Development advising that McGraw-Hili and Kunkel, Bounds and Associates have been
awarded financial assistance for their projects in Dubuque, upon motion received and filed.
West 11th Street Historic District: City Manager recommending approval of a waiver of the
building permit moratorium section of the Code of Ordinances under certain conditions and
adoption of a resolution granting a waiver for all building permits in the portion of the West 11th
Street Historic Preservation District subject to the proposed R-2 rezoning, upon motion received
and filed. Ordinance No. 36-06 Amending City of Dubuque Code of Ordinances Chapter 11,
Building Regulations, by amending Section 11-3 Permit Issuance Prohibited During Consideration
of a Zoning Reclassification or a Text Amendment to the Zoning or Subdivision Ordinances by
providing for waivers under certain conditions, 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 Braig. Motion carried 7-0. Connors moved adoption of Resolution No. 207-06
Providing for a waiver of City of Dubuque Code of Ordinances Chapter 11 Building Regulations,
Section 11-3 Permit Issuance Prohibited During Consideration of a Zoning Reclassification or a
Text Amendment to the Zoning or Subdivision Ordinances, by providing for issuance of building
permits in the West 11th Street Historic Preservation District rezoning area. Seconded by Braig.
Motion carried 7-0.
Grandview Gallop: City Manager submitting an application from the Mississippi Valley Running
Association to hold a June 17, 2006 four mile run/walk that includes a partial closure of Grandview
Avenue for City Council review and direction, upon motion received and filed and approved.
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Council questioned if this would be an annual event and voiced concerns for the availability of
emergency access to certain areas.
City of Dubuque Code of Ordinance Amendment: City Manager recommending approval of an
amendment to the Code of Ordinances Section 3-1 to provide that signs, advertising, displays or
other materials on public property in violation of the City Code be destroyed upon removal instead
of being stored indefinitely, upon motion received and filed.
Ordinance No. 37-06 Amending the City of Dubuque Code of Ordinances Section 3-1 Display of
Advertising Material, 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 Jones. Motion carried 7-0. Connors
moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-
O.
Region 1 Workforce Investment Board: Communication from Wendy Mihm-Herold, Region 1
Workforce Manager, requesting that the City submit two nominations for appointment of one
representative to the Region 1 Workforce Investment Board, upon motion received and filed and
nominated Council Member Michalski and Cline for consideration.
COUNCIL MEMBER REPORTS
Michalski shared that she would be attending the National League of Cities Human Resources
meeting of which the main topic is immigration.
PUBLIC INPUT
Sr. Pat Conlon, Administrator of Ecumenical Towers on W. 6th Street, spoke of the dangerous
intersection at Sixth and Locust when the elderly residents try to cross the street to get to the Post
Office. She stated that she had brought the request to the Council last fall and City staff had
investigated and said it would have to wait until spring. It continues to be a problem as she has 88
elderly residents with the majority using walkers, canes and wheelchairs. She requested a
pedestrian crossing light at this intersection.
There being no further business, upon motion the meeting adjourned at 11 :14 P.M.
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1t 5/24
Karen M. Chesterman
Deputy City Clerk
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