6 5 06 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, June 5, 2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Pro-Tem Michalski, Council Members Braig, Cline, Connors, Jones, Lynch,
City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol
Mayor Pro-Tem Michalski read the call and stated this is a regular session Elf the City Council
called for the purpose of discussing such matters which may properly come before the Council.
Invocation was given by Bishop John Tallent, Church of Jesus Christ of Latter Day Saints.
Proclamations: Apples for Students (June and July, 2006) received by Sister Inez Turnmeyer
of St. Mark Community Center; United States Army Week (June 12-18, 2006) received by
Sergeant Davis.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/25; City
Council of 5/15; Electrical Code Board of 5/22; Historic Preservation Commission of 5/18;
Housing Commission of 4/25; Long Range Planning Advisory Commission of 5/17; Transit
Board of Trustees of 5/11, upon motion received and filed.
Proof of publication of City Council Proceedings of 5/1, upon motion received and filed.
Notice of Claims/Suits: Sarah Hume for vehicle damage; McDermott Excavating for
excavation expenses, upon motion received and filed and referred to the City Attorney for
i nvestigation/repo rt.
Request of Leanne M. Horsfall for reconsideration of her claim for property damage, upon
motion received and filed and referred to the City Attorney for investigation/report.
City Attorney recommending settlement of the claim of Sarah Hume for vehicle damage and
directing the Finance Department to issue payment, upon motion received and filed and
concurred and directed Finance Department to issue payment.
Request to Vacate and Purchase: Communication from Brendan T. Quann, representing Dr.
and Mrs. R. Scott Cairns, requesting to purchase two City-owned lots adjacent to their property
at 850 Mt. Carmel Road, upon motion received and filed and referred to the City Manager.
Citizen Communication: Communication from Deanne Brennan, 658 Chestnut Street,
regarding mini-bus transportation issues, upon motion received and filed and referred to the
City Manager.
1
Downtown Master Plan - Request for Proposals: City Manager recommending approval of the
issuance of a Request for Proposals relating to implementation of the Downtown Master Plan,
upon motion received and filed and approved recommendation.
Legislative Correspondence: Communication to Congressman Jim Nussle requesting his
opposition to the Communications Opportunity, Promotion, and Enhancement Act (COPE) of
2006, upon motion received and filed.
Dubuque Professional Firefighters' Association - Collective Bargaining Agreement: City
Manager recommending approval of the collective bargaining agreement between the City and
the Dubuque Professional Firefighters' Association, upon motion received and filed. Connors
moved adoption of Resolution No. 208-06 Accepting the agreement between the City of
Dubuque, Iowa and the Dubuque Professional Firefighters' Association, Local #353, and
authorizing the Mayor to sign the agreement. Seconded by Braig. Motion carried 6-0.
Amendment to Collective Bargaining Agreement: City Manager recommending approval of an
amendment to the collective bargaining agreement between the City and Teamsters Local
Union No. 421 to provide for a work week that consists of ten hours per day and four days per
week for the Airport Mechanic, upon motion received and filed and approved recommendation.
GFOA Certificate of Achievement: City Manager advising that the City has received the
Government Finance Officers Association Certificate of Achievement for Excellence in Financial
Reporting for the Comprehensive Annual Financial Report for the eighteenth consecutive year,
upon motion received and filed.
Sanitary Sewer Master Plan: City Manager recommending approval of the selection of MSA
Professional Services, Inc. to provide engineering services for the Sanitary Sewer Master Plan,
upon motion received and filed and approved recommendation.
Acceptance of Quit Claim Deed: City Manager recommending approval of the acceptance of
a Quit Claim Deed associated with the Railroad Real Estate Property Acquisition Agreement
with the Chicago, Central and Pacific Railroad for the purpose of completing public
improvements for the Bell Street Extension, upon motion received and filed. Connors moved
adoption of Resolution No. 209-06 Accepting a conveyance of property (Lot 1 of Riverwalk
Seventh Addition) in the City of Dubuque, subject to review and approval by the City Attorney.
Seconded by Braig. Motion carried 6-0.
A.Y. McDonald Park - Phase II Construction: City Manager recommending approval of the
Professional Services Agreement with IIW Engineers to supervise construction and do the
required reporting to the Iowa Department of Transportation for the A.Y. McDonald Park _
Phase II Project, upon motion received and filed and approved recommendation.
Five Flags Agreement with Dubuque Hockey, Inc.: City Manager recommending approval of
the license agreement with Dubuque Hockey, Inc. (Dubuque Thunderbirds) for the 2006 - 2007
hockey season, upon motion received and filed and approved recommendation.
Non-Appropriation Language: City Manager advising that City staff is not negotiating non-
appropriation language into development agreements at this time, upon motion received and
filed.
2
Preserve America Grant: City Manager recommending approval of the submittal of a Preserve
America Grant application for the Dubuque History Trail, upon motion received and filed.
Connors moved adoption of Resolution No. 210-06 Providing for an application to the National
Park Service for Preserve America Funds for Dubuque History Trail. Seconded by Braig.
Motion carried 6-0.
National Register Nomination - Security Building, 800 Main Street: Historic Preservation
Commission recommending the nomination of the Security Building, 800 Main Street, to the
National Register of Historic Places, upon motion received and filed and concurred.
Request for Demolition Permit: Historic Preservation Commission recommending approval of
the request of Immanuel Congregational United Church of Christ to demolish a residence at
1737 Jackson Street, upon motion received and filed and approved recommendation.
City of Peosta Land Use Plan: Long Range Planning Advisory Commission submitting the City
of Peosta's 2005 Land Use Plan and the latest draft 2030 Future Land Use Map for the City of
Dubuque, upon motion received and filed.
National Institute of Health Resuscitation Outcomes Consortium: City Manager recommending
approval to file for a Federalwide Assurance number necessary for the City's participation in a
research project of the National Institutes of Health Resuscitation Outcomes Consortium, upon
motion received and filed and approved recommendation.
TV Cable Community Teleprogramming Commission: Communication from Maria Araeipour
advising that she will not be applying for reappointment to the TV Cable Community
Teleprogramming Commission, upon motion received and filed.
Residential Parking Permit District Petition: 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.
Dubuque Industrial Center West: City Manager recommending approval of an Amended and
Restated Declaration of Covenants for the Dubuque Industrial Center West, upon motion
received and filed and approved and directed that the Covenants be brought back to review.
Junk and Salvage Yards: Response to an inquiry from Ed Tschiggfrie concerning whether a
junk and salvage yard operation would be permitted in the Julien Dubuque Drive Planned Unit
Development District, upon motion received and filed.
Worker's Compensation Claim: City Manager recommending approval of the settlement of the
worker's compensation claim of Brian Kohn, upon motion received and filed and approved
recommendation.
Surface Transportation Board Filing: City Manager submitting a response to the petition of the
Iowa, Chicago and Eastern Railroad Corporation (IC & E) and the Dakota, Minnesota and
Eastern Railroad Corporation (DM & E), upon motion received and filed.
Dubuque Township Trustees: Communication to the Dubuque Township Trustees regarding
the annexation requests of Wendell Corey/Motor City LLC, John and Sally Jo Herrig, and Dean
and Patricia Butler, upon motion received and filed.
3
Five Flags Budget Proposal: City Manager recommending approval of the Fiscal Year 2007
Five Flags Center proposed operating budget submitted by SMG, upon motion received and
filed and approved recommendation.
Request for Proposals - Port of Dubuque Park, Outdoor Plaza and Parking Lot Enhancements
City Manager recommending approval of the issuance of a Request for Proposals for
architectural and engineering services for the Port of Dubuque Park, Outdoor Plaza, and
Parking Lot Enhancements associated with the McGraw-Hili Project, upon motion received and
filed and approved recommendation.
Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the May
2006 Report on the Comprehensive Plan Update process, upon motion received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Bonson Road
Reconstruction Project, upon motion received and filed.
Business Licenses: Connors moved adoption of Resolution No. 211-06 Granting the issuance
of a Class "B" Beer Permit (5-Day Special Event) to Rotary Club and Dubuque Jaycees; Class
"B" Beer Permit to Pizza Hut #1 and #2; and Class "C" Beer Permit to Kwik Stop, Cedar Cross
Amoco, Keywest Conoco, Hartig Drug, Beecher Beverage and Resolution No. 212-06 Granting
the issuance of a Class "C" Beer/Liquor License to Murphs South End, Dubuque Bowling
Lanes, Creslanes Bowling, Applebee's Neighborhood Grill, Corner Tap, and Clarke College;
Special Class "C" Liquor (5 Day Event) to Dubuque Jaycees; Special Class "C" Liquor (14 Day
Event) to Rotary Club; Class "B" Wine Permit to Ooh La La, Hartig Drug #2, and Beecher
Beverage; and Class "B" Native Wine Permit to Dubuque American Lady. Seconded by Braig.
Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Theisen Supply, Inc. - Development Agreement: City Manager recommending that a public
hearing be set for June 19, 2006 to consider approval of a Development Agreement with
Theisen Supply, Inc., including a disposition of 16.69 acres in the Dubuque Industrial Park West
to Chavenelle Warehouse Development, LLC for construction of a 110,000 square foot
warehouse/office complex for Theisen's Supply, Inc., upon motion received and filed. Cline
moved adoption of Resolution No. 213-06 Of intent to dispose of an interest in City of Dubuque
real estate 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 Chavenelle Warehouse
Development, LLC and Theisen Supply, Inc., and providing for the publication of notice thereof,
and set public hearing 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.
Seconded by Lynch. Motion carried 6-0.
Kunkel Bounds and Associates - Development Agreement: City Manager recommending that
a public hearing be set for June 19, 2006 to consider approval of a Development Agreement
with Kunkel Bounds and Associates, including a 7.69 acre land sale in the Dubuque Technology
Park for construction of a 9,800 square foot office building, upon motion received and filed.
Connors moved adoption of Resolution No. 214-06 Of intent to dispose of an interest in City of
Dubuque real estate and fixing the date for a public hearing of the City Council of the City of
4
Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a Development Agreement relating thereto with Kunkel
Bounds and Associates, Inc., and providing for the publication of notice thereof, and set public
hearing 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. Seconded by Lynch.
Motion carried 6-0.
Dubuque Star Brewery Project - Development Agreement: City Manager recommending that
a public hearing be set for July 17, 2006 to consider approval of a Development Agreement and
lease of the former Dubuque Star Brewery building and site to Port of Dubuque Brewery
Development, LLC, upon motion received and filed. Cline moved adoption of Resolution No.
215-06 (1) Approving the minimum requirements, competitive criteria, and offering procedures
for lease of certain real property and improvements in the Greater Downtown Urban Renewal
District; (2) determining that the lease submitted by Port of Dubuque Brewery Development LLC
satisfies the offering requirements with respect to the real property and improvements and
declaring the intent of the City Council to approve the lease with Port of Dubuque Brewery
Development LLC in the event that no competing proposals are submitted; and (3) soliciting
competing proposals, and set this for public hearing on 7/17/06 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 6-0.
Dubuque Screw Products, Inc. - Development Agreement: City Manager recommending that
a public hearing be set for June 19, 2006 to consider approval of a Development Agreement
with Dubuque Screw Products, Inc., including a 3.573 acre land sale in Dubuque Industrial
Center West for construction of a 30,000 square foot industrial facility, upon motion received
and filed. Cline moved adoption of Resolution No. 216-06 Of intent to dispose of an interest in
City of Dubuque real estate 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 Dubuque
Screw Products, Inc., and providing for the publication of notice thereof and set this 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 6-0.
McGraw Hill Companies, Inc. - Development Agreement: City Manager recommending that a
public hearing be set for June 19,2006 to consider approval of a Development Agreement with
McGraw Hill Companies, Inc., including the disposition of approximately 1.99 acres for
constructing a 135,000 square foot office complex in the Port of Dubuque, upon motion
received and filed. Cline moved adoption of Resolution No. 217-06 Of intent to dispose of an
interest in City of Dubuque real estate 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
McGraw Hill Companies, Inc. and providing for the publication of notice thereof and set public
hearing 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. Seconded by Lynch.
Motion carried 6-0.
Petition to Vacate a Portion of Barry Street: City Manager recommending that a public hearing
be set for June 19,2006 to consider a request from David O. Neyens and John J. and Frances
M. McDonough to vacate a portion of Barry Street from Roosevelt Street northeasterly to a
5
public alley in the City of Dubuque, upon motion received and filed. Cline moved adoption of
Resolution No. 218-06 Approving Plat of Survey of Barry Subdivision No.2 in the City of
Dubuque, Dubuque County, Iowa and Resolution No. 219-06 Of intent to vacate and dispose of
City interest in northwesterly one-half of Barry Street in Barry Subdivision NO.2 in the City of
Dubuque, Dubuque County, Iowa 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. Seconded by Lynch. Motion carried 6-0.
Petition to Vacate a Portion of the Plat of North Dubuque: City Manager recommending that a
public hearing be set for July 5, 2006 to consider a request from Arnie Van Etten, representing
James A. and Shirley A. Christensen, to vacate a portion of the plat of North Dubuque, upon
motion received and filed. Cline moved adoption of Resolution No. 220-06 Approving Plat of
Survey of Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque
County, Iowa and Resolution No. 221-06 Of intent to vacate and dispose of City interest in Lots
413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa and
set public hearing for 7/5/06 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 6-0.
2006 Grandview Avenue Concrete Section Repair Project: City Manager recommending
initiation of the public bidding process for the 2006 Grandview Avenue Concrete Section Repair
Project and that a public hearing be set for July 5, 2006 to consider adoption of the plans and
specifications, upon motion received and filed. Cline moved adoption of Resolution No. 222-06
Preliminary approval of plans and specifications; Resolution No. 223-06 Setting date of hearing
on plans and specifications for 7/5/06 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. 224-06 Ordering bids. Seconded by Lynch. Motion carried 6-0.
Grand River Center - Fountain Sign Rehabilitation Project: City Manager recommending
initiation of the public bidding process for the Grand River Center - Fountain Sign Rehabilitation
Project and that a public hearing be set for July 5, 2006 to consider adoption of the plans and
specifications, upon motion received and filed. Cline moved adoption of Resolution No. 225-06
Preliminary approval of plans and specifications; Resolution No. 226-06 Setting date of hearing
on plans and specifications for 7/5/06 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. 227-06 Ordering bids. Seconded by Lynch. Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Historic Preservation Commission (Three 3-year At-Large terms through 7/1/09 [terms of
Loney-Bichell, Gibbs, Olson] and one 3-year Cathedral District term through 7/1/09 [term of
CotyJ) Applicants: At-Large - Mary Loney-Bichell, Matthew Lundh and Chris Olson; Cathedral
District - Michael Cody Chris Olson and Michael Coty spoke requesting consideration for
reappointment.
Investment Oversight Commission (Two 3-year terms through 7/1/09 - terms of Lassance and
Melendez) Applicants: Paul Lassance, Hiram Melendez
6
7
Long Range Planning Advisory Commission (Two 3-year terms through 7/1/09 - terms of
Neumeister, Stein) Applicants: Dr. Mary Lynn Neumeister, Richard Stein
Zoning Advisory Commission (Two 3-years terms through 7/1/09 - terms of Bichell and
Hardie) Applicants: Kenneth Bichell, Stephen Hardie, Charlie Miller, Matthew Lundh
Appointments to the following Boards/Commissions:
Civil Service Commission (One 4-year term through 4/6/10 - Term of Kluesner - Mayor
Appointment) Applicant: Loras Kluesner
Mayor Pro-Tem Michalski reappointed, with the approval of Council, Loras Kluesner to a four-
year term on the Civil Service Commission which will expire 4/6/10.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Fifth Street Reconstruction - Alpine to Delhi Street Project: Proof of publication on notice of
hearing to consider adoption of the plans and specifications and Resolution of Necessity for the
Fifth Street Reconstruction - Alpine to Delhi Street Project and City Manager recommending
approval, upon motion received and filed. Cline moved adoption of Resolution No. 228-06
Adopting plans and specifications and Resolution No. 229-06 With respect to the adoption of
the Resolution of Necessity proposed for the Fifth Street Reconstruction Project - Delhi Street
to Alpine Street. Seconded by Connors. Motion carried 6-0.
NCR Developers, Inc. / Martin McNamer - Request to Rezone / Improvements to North
Cascade Road: Proof of publication on notice of hearing 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
rezoned to R-2 and City Manager submitting information on the rezoning request of NCR
Developers, Inc., upon motion received and filed.
Martin McNamer, NCR Developers, Inc., spoke in support of the rezoning and requested that
he be granted the R-3 designation as this would allow more flexibility for the size of
development he was proposing.
George Doremus, 11902 Park View Lane, stated he was not opposed to the rezoning of the
property but he was opposed to the increased traffic the development would generate on North
Cascade Road which needs drastic improvements.
Mona Woodward, 11902 Park View Lane, requested that the development be restricted to
single family residences and that two exits be available at all times. She also stressed the need
for reconstruction of North Cascade Road.
John Steger, North Cascade Road, stated he would not be opposed to the development if
improvements were made to North Cascade Road.
William Apel, 11665 North Cascade Road, stated that the road is used as a short cut to
Peosta and needs reconstruction.
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,
8
presented and read. Connors moved that this be considered the first reading of the Ordinance
and directed that the zoning be designated as R-2. Seconded by Braig. Motion carried 6-0.
Gary and Mary Beth Valentine - Request to Rezone: Proof of publication on notice of hearing
to consider a request from Gary and Mary Beth Valentine to rezone property located at the
southeast corner of 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 and City Manager submitting information on the rezoning request of Gary and Mary
Beth Valentine, upon motion received and filed.
Gary Valentine spoke stating a preference for the R-3 zoning but stated he would agree with
R-2. The rezoning was being requested to be consistent with the nearby NCR development and
also because the Southwest Arterial, as proposed, will go through the middle of his property
and the rezoning will give him options for the future.
George Doremus, 11902 Park View Lane, reiterated that they could not forget about the road
and that a solid plan was necessary.
Mona Woodward, 11902 Park View Lane, commented that the R-2 designation would leave
control of the development in the City Council's hands.
City Manager Van Milligen stated that as part of the annexation agreements the City had
committed to improve North Cascade Road by 2012.
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 A1 Agricultural and R2 Single-
Family Residential District to City of Dubuque Moderate Density Multi-Family Residential District
concurrent with annexation, presented and read. Connors moved that this be considered the
first reading of the Ordinance. Seconded by Jones. Motion carried 6-0.
Thomas and Sheri Henschel - Request to Rezone: Proof of publication on notice of hearing 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 Zoning Advisory Commission recommending approval, upon motion
received and filed.
Tom Henschel, 995 June Drive, spoke clarifying that 12 acres of the 39 acre parcel would be
R-2 but the rest would remain AG Agricultural.
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 annexation,
presented and read. Connors moved that this be considered the first reading of the Ordinance.
Seconded by Cline. Motion carried 6-0.
NCR Developers, Inc.lMartin McNamer - Request for Voluntary Annexation: Proof of
publication on notice of hearing to consider a request from NCR Developers, Inc.lMartin
McNamer to voluntarily annex 181.59 acres to the City of Dubuque contingent on approval of
the development annexation agreement and City Manager recommending approval and a
Resolution Approving application for voluntary annexation of territory owned by North Cascade
Road Developers, LLC and American Trust and Savings Bank, as Trustee, upon motion
received and filed. After holding the public hearing on the annexation request and hearing no
comments, this item was tabled to the 6/19/06 Council meeting.
Gary and Mary Beth Valentine - Request for Voluntary Annexation: Proof of publication on
notice of hearing 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 and City Manager recommending approval and a Resolution Approving application
for voluntary annexation of territory owned by Gary L. and Mary Beth Valentine, upon motion
received and filed. After holding the public hearing on the annexation request and hearing no
comments, this item was tabled to the 6/19/06 Council meeting.
Thomas and Sheri Henschel - Request for Voluntary Annexation: Proof of publication on
notice of hearing 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 and City Manager recommending approval and Resolution Approving application for
voluntary annexation of territory owned by Tom and Sheri Henschel, individually and as
trustees, upon motion received and filed. After holding the public hearing on the annexation
request and hearing no comments, this item was tabled to the 6/19/06 Council meeting.
Hwy 151 & 61 Development, LLC Development Agreement: Proof of publication on notice of
hearing 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 and City Manager recommending approval,
upon motion received and filed.
Wayne Briggs, Hwy 151 & 61 Development LLC, and Dan McDonald, Greater Dubuque
Development Corporation, spoke in support of the project. Connors moved adoption of
Resolution No. 230-06 Authorizing the execution of a Development Agreement with Hwy 151 &
61 Development, LLC. Seconded by Lynch. Motion carried 6-0.
Connors expressed appreciation for this development.
University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project: Proof of
publication on notice of hearing to consider adoption of the plans and specifications for the
University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project and award of
the contract to Tschiggfrie Excavating Co. in the amount of $363,808.28 and City Manager
recommending approval, upon motion received and filed. Cline moved adoption of Resolution
No. 231-06 Adopting plans and specifications, Resolution No. 232-06 Awarding construction
contract for the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project
and Resolution No. 233-06 Approving construction contract with Tschiggfrie Excavating Co. for
the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project.
Seconded by Connors. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
St. Mark Community Center: Communication from Sr. Inez Turnmeyer, Saint Mark
Community Center, appealing the denial of the Historic Preservation Commission to allow
wrapping wood window trim with aluminum and requesting that the City Council approve their
request to continue wrapping the windows of the Center at 1201 Locust and 391 West 1ih
Street and City Manager transmitting information regarding the appeal filed by St. Mark's
9
Community Center for the denial by the Historic Preservation Commission to allow wrapping
wood window trim with aluminum, upon motion received and filed and concurred with the denial.
Dick Landis, 2390 Clarke Crest Drive, and Sister Inez Turnmeyer, spoke clarifying the request.
Mike Coty of the Historic Preservation Commission spoke stating that the Commission had
done its best trying to make concessions in this case.
Cline moved to receive and file the communications and reverse the denial of the Historic
Preservation Commission and continue with the aluminum window wrapping. Seconded by
Braig. Motion failed due to the following vote: Yeas-Braig, Cline. Nays-Connors, Jones,
Lynch, Michalski.
Cline moved to receive and file the communications and refer the matter back to the Historic
Preservation Commission. Seconded by Connors. Motion carried 6-0.
Eagle Point Bluff Study: City Manager recommending approval to hire Kleinfelder, Inc. to help
develop bid documents to scale the loose rocks and remove trees from the brow of the slope of
the Eagle Point Bluff and to hire them to inspect the work as it is performed, upon motion
received and filed and approved recommendation.
Gas and Electric Franchise Fee: City Manager recommending approval of the issuance of a
Request for Proposals to select a consultant to do an analysis of the City's administrative
expenses with regard to administering a franchise fee and that the two percent fee continue to
be collected, upon motion received and filed and approved recommendation.
Historic Preservation Commission - Ordinance and Funding Amendments:
Preservation Commission recommending approval of an amendment to the Historic
Historic
Preservation Ordinance to allow Individual Designation of Historic Properties and to amend the
Historic Preservation Funding Programs to make individually designated historic properties
eligible for funding, upon motion received and filed. Ordinance No. 38-06 Amending Chapter
25 (Historic Preservation) of the City of Dubuque Code of Ordinances to provide for individual
designation of historic properties, 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 6-0. Connors moved final consideration and passage of the Ordinance.
Seconded by Braig. Motion carried 6-0.
Millworking District: Historic Preservation Commission recommending that the City Council
approve initiation of a process to nominate the proposed Millworking Historic District to the
National Register of Historic Places, approve the use of $10,000 in Historic District Public
Improvement Program (HDPIP) funds for the nomination process, and direct the Commission to
partner with the Envision 2010 Warehouse District Committee in educating property owners,
upon motion received and filed and approved recommendation.
Community Partnership (cp2) Program - Fiscal Year 2007: Recommendation of the
Community Development Advisory Commission for allocation of Community Partnership
Program (cp2) funds, upon motion received and filed. Cline moved adoption of Resolution No.
234-06 Authorizing the award of Community Partnership Program (cp2) funds for Fiscal Year
2007. Seconded by Lynch. Motion carried 6-0.
Building Permit Moratorium - Southwest Arterial: City Manager recommending approval to
extend the development moratorium in the Iowa 32 (Southwest Arterial) Corridor to July 1,
10
1t 6/14
2007, upon motion received and filed. Ordinance No. 39-06 Amending Chapter 11 (Buildings
and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-
58.3 to extend a moratorium on the issuance of permits for work in the Iowa 32 (Southwest
Arterial) corridor, presented and read. Cline 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 6-0. Cline moved final consideration and passage of the Ordinance. Seconded by
Lynch. Motion carried 6-0.
Art on the River: City Manager recommending approval of the 2006 Art on the River jury
selection for outdoor sculpture at the Port of Dubuque, upon motion received and filed and
approved recommendation.
Amendment to Cable Franchise: City Manager recommending approval of the first
amendment to the City's Cable Franchise between the City of Dubuque and MCC Iowa, LLC.,
upon motion received and filed. Ordinance No. 40-06 Approving an amendment to the Cable
Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC, presented and
read. Cline 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 6-0. Cline moved final consideration and
passage of the Ordinance. Seconded by Connors. Motion carried 6-0.
Unoccupied Residential Property: City Manager recommending approval of an ordinance
prohibiting the keeping of cats or dogs on unoccupied residential property, upon motion
received and filed. Ordinance No. 41-06 Amending the City of Dubuque Code of Ordinances,
Chapter 7 Animals or Fowl, by adopting a new Section 7-29 Prohibiting the Keeping of Cats and
Dogs on Unoccupied Residential Property, presented and read. Braig 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 6-0. Braig moved final consideration and passage of the Ordinance.
Seconded by Jones. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Connors stated that "Cabaret" was outstanding. Jones urged everyone to vote June 6, 2006.
Michalski commented on her recent National League of Cities meeting in Wichita, Kansas.
At 9:44 P.M. upon motion Council went into Closed Session: Pending Litigation and Property
Acquisition - Chapter 21.5(1 )(c)O) 2005 Code of Iowa.
At 10: 11 Council reconvened Regular Session stating staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 10:12 P.M.
/id44~/f~/~
~:~ne F. Schneider, CMC
City Clerk
1 1