Minutes City Council 2 4 08
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on Monday, February 4,
2008, in the Historic Federal Building.
Mayor Buol read the call and stated this is a special session called for the purpose of
conducting a work session regarding the Convention and Visitors Bureau Budget and Business
Plan.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg.
City Manager Van Milligen, City Attorney Lindahl.
Dubuque Convention and Visitors Bureau Director Sue Czeshinski provided the Convention
and Visitors Bureau Statement of Purpose and Mission.
There being no further business, upon motion the City Council adjourned at 6:05 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on Monday, February 4, 2008,
in the Historic Federal Building.
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the City Council.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City
Manager Van Milligen; City Attorney Lindahl
Invocation was provided by Reverend Dr. Winston Persaud, Wartburg Seminary
PROCLAMATION
A Day of Promise (February 18, 2008) was accepted by Nancy Van Milligen, Eric Dregne,
Jan Powers, Mary Moothart, and Nancy Dunkel of Every Child, Every Promise.
CONSENT ITEMS
Motion by Connors to receive and file the documents and dispose of as indicated. Seconded
by Lynch. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 1/22; Civil Service Commission of 12/13
and 12/19; Community Development Advisory Commission of 1/9; Historic Preservation
Commission of 1/17; Housing Commission of 11/27; Human Rights Commission of 12/10;
Investment Oversight Advisory Commission of 1/23; Library Board of 11/15, 12/10 and 12/13;
Park and Recreation Commission of 1/8
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Investment Oversight Advisory Commission 59 Quarterly Report; Library Board of Trustees
Update from the meeting of January 17, 2008; Proofs of publication of City Council
Proceedings of January 7, 2008 and List of Claims and Summary of Revenues for month
ending December 31, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: Michelle Harry for personal injury; Terry T. Frost for vehicle damage;
Pat and Gladys O’Brien for property damage. Upon motion the documents were received and
filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Kurt Becker for
property damage; Terry Frost for vehicle damage; Misty Streif for vehicle damage; Michael L.
O’Brien for property damage; and Michelle Harry for personal injury
City Attorney recommending denial of the claim of Dennis Avenarius for vehicle damage.
City Attorney recommending settlement of the claims of Chris Blakeman for vehicle
damage, Heath Koester for vehicle damage, and Masahiro Iwasaki for vehicle damage.
Upon motion the documents were received and filed and concurred.
Citizen Communication: Communication from Elaine Schueller requesting that the stop sign
at Kaufmann Avenue and Chrissy Drive not be removed. Upon motion the documents were
received and filed and referred to the City Manager.
Althauser Street / Stafford Street Sanitary Sewer Project: City Manager recommending
acceptance of the Althauser Street / Stafford Street Sanitary Sewer Project as completed by
Connolly Construction, Inc., in the final contract amount of $49,978.10. Upon motion the
documents were received and filed and Resolution No. 36-08 Accepting the Althauser Street /
Stafford Street Sanitary Sewer Construction Project and authorizing payment of the contract
amount to the contractor was adopted.
Curtis Street / York Street Storm Sewer Construction Project: City Manager recommending
acceptance of the Curtis Street / York Street Storm Sewer Construction Project as completed
by McDermott Excavating, in the final contract amount of $36,074.41. Upon motion the
documents were received and filed and Resolution No. 37-08 Accepting the York Street / Curtis
Street Storm Sewer Construction Project and authorizing payment of the contract amount to
the contractor was adopted.
Dubuque Police Protective Association: City Manager recommending approval of the
Collective Bargaining Agreement between the City and the Dubuque Police Protective
Association. Upon motion the documents were received and filed and Resolution No. 38-08
Approving the Agreement between the City of Dubuque, Iowa, and the Dubuque Police
Protective Association and authorizing the Mayor to sign the Agreement was adopted.
Low Impact Development Workshop: City Manager submitting information about the Low
Impact Development (LID) Workshop that the City of Dubuque is co-sponsoring to fulfill one of
the City’s National Pollution Discharge Elimination System (NPDES) Stormwater Permit
requirements. Upon motion the documents were received and filed.
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Purchase of Property from Elm Street Development, LLC: City Manager recommending
acceptance of Warranty Deeds from Elm Street Development, LLC for properties at 351 East
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15 Street and 1523 Elm Street. Upon motion the documents were received and filed and
Resolution No. 39-08 Accepting the deed to certain real estate in Dubuque County, Iowa from
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Elm Street Development, LLC (351 East 15 Street); Resolution No. 40-08 Accepting the deed
to certain real estate in Dubuque County, Iowa from Elm Street Development, LLC (1523 Elm
Street) were adopted.
Purchase of Property – 655 Gillespie Street: City Manager recommending acceptance of the
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Warranty Deed from Gary A. Anderson for property located at 655 Gillespie Street for the 32
Street Detention Basin Project. Upon motion the documents were received and filed and
Resolution No. 41-08 Accepting the deed to certain real estate in Dubuque County, Iowa from
Gary A. Anderson was adopted.
Warehouse District Master Plan – Request for Qualifications (RFQ): City Manager
recommending approval of the issuance of a Request for Qualifications (RFQ) for development
of the Warehouse District Master Plan. Upon motion the documents were received, filed, and
approved.
Request for Proposals – Washington Neighborhood Plan: City Manager recommending
approval of the issuance of a Request for Proposals for the Washington Neighborhood Plan.
Upon motion the documents were received, filed, and approved.
Quarterly Investment Report: City Manager submitting the December 31, 2007 Quarterly
Investment Report. Upon motion the documents were received and filed.
Government Performance and Results Act (GPRA): City Manager submitting the 2007
Government Performance and Results Act Annual Products Report and Baseline
Questionnaire. Upon motion the documents were received and filed.
2114 – 2116 Kniest Street: City Manager recommending approval of the purchase of a
residential rental dwelling located at 2114-2116 Kniest Street owned by Robert F. and Brenda
L. Atkinson as part of the acquisition program associated with the Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
42-08 Approving the acquisition of real estate located at 2114 – 2116 Kniest Street in the City
of Dubuque, Iowa, was adopted.
National Park Service – Preserve America Grant Agreement: City Manager recommending
approval of a National Park Service Preserve America Grant Agreement for the Mines of Spain
Exhibit and Education Program where the City would serve as the sponsor for this $150,000
grant. Upon motion the documents were received and filed and Resolution No. 43-08
Approving a grant agreement with the National Park Service for the Mines of Spain Exhibit and
Education Program was adopted.
State Historic Preservation Office: City Manger transmitting the 2007 Certified Local
Government (CLG) report that has been submitted to the State Historic Preservation Office.
Upon motion the documents were received and filed.
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Iowa Community Cultural Grant (ICCG) Application: City Manager recommending approval
of an application to the Iowa Department of Cultural Affairs for an Iowa Community Cultural
Grant. Upon motion the documents were received, filed, and approved.
National Register Nomination – Interstate Power Company Buildings: Historic Preservation
Commission recommending nomination of the Interstate Power Company Buildings at 1000
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Main Street and 131 West 10 Street to the National Register of Historic Places. Upon motion
the documents were received, filed, and approved.
Miller Place – Final Plat: City Manager recommending approval of the final plat of Lots 1-1
and 2-1 Miller Place. Upon motion the documents were received and filed and Resolution No.
44-08 Rescinding Resolution No. 232-07 and approving the final plat of Lots 1-1 and 2-1 Miller
Place in Dubuque County, Iowa, was adopted.
Dubuque Regional Airport Terminal Relocation Project (Per an amended agenda, this item
was removed.)
Tobacco Compliance – Civil Penalty for Tobacco Permit Holders: City Manager
recommending acceptance and approval of Acknowledgement/Settlement Agreements for a
first violation for Arby’s Phillips 66, 300 South Locust Street; and Hy-Vee, 3500 Dodge Street.
Upon motion the documents were received, filed, and approved.
Legislative Correspondence: City Manager correspondence to local legislators requesting
support for allowing local governments the right to determine if smoking should be allowed in
public places. Upon motion the documents were received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 45-08
Granting the issuance of a Class “C” Beer Permit to Awn Stop Mart, Inc. and Clark of Dubuque;
and Resolution No. 46-08 Granting the issuance of a Class “B” Hotel/Motel Liquor License to
Champps Americana; and Class “C” Beer/Liquor License to Hammerheads Bar and Goetz’s
were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion
carried 7-0
Cable Television Franchise Agreement: City Manager recommending that a public hearing
be set for February 18, 2008 to consider approval of an amendment to the Cable Television
Franchise Agreement to add Sageville School to the Institutional Network and approving a
separate agreement between the City, Dubuque Community School District and Mediacom that
details the terms of adding Sageville School to the I-Net. Upon motion the documents were
received and filed and Resolution No. 47-08 Setting a public hearing on a proposed
amendment to the Cable Television Franchise Agreement between the City of Dubuque, Iowa,
and MCC Iowa, LLC, adding Sageville School to Exhibit B, the list of sites connected via fiber
optic cable to the institutional network as set forth in the Cable Television Franchise Agreement
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 18,
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2008, in the Historic Federal Building.
Windsor Avenue Storm Sewer Construction Project: City Manager recommending initiation
of the public bidding process for the Windsor Avenue Storm Sewer Construction Project and
that a public hearing be set for February 18, 2008 to consider approval of the plans and
specifications, form of contract and estimated cost. Upon motion the documents were received
and filed and Resolution No. 48-08 Preliminary approval of plans, specifications, form of
contract, and estimated cost for the Windsor Avenue Storm Sewer Construction Project;
Setting date of public hearing on plans, specifications, form of contract, and estimated cost for
the Windsor Avenue Storm Sewer Construction Project; and Ordering bids for the Windsor
Avenue Storm Sewer Construction Project was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on February 18, 2008, in the Historic Federal Building.
Dubuque Industrial Center Urban Renewal Plan: City Manager recommending adoption of a
Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District to expand the district to include the
North Siegert Farm and the rail site and that a public hearing be scheduled for March 17, 2008.
Upon motion the documents were received and filed and Resolution No. 49-08 Resolution of
Necessity finding that certain areas adjacent to the Dubuque Industrial Center Economic
Development District meet the definition of an economic development area under the Urban
Renewal Law, and that development of said areas is necessary in the interest of the residents
of the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on March 17, 2008, in the Historic Federal Building.
Fiscal Year 2009 Operating Budget and Capital Improvement Program: City Manager
recommending that a public hearing be set for March 13, 2008 to consider adoption of the
Fiscal Year 2009 Operating Budget and Capital Improvement Program. Upon motion the
documents were received and filed and Resolution No. 50-08 Setting the date for the public
hearing on the Fiscal Year 2009 Budget for the City of Dubuque, Iowa; and Resolution No. 51-
08 Setting the date for the public hearing on the Five Year Capital Improvement Program for
Fiscal Years 2009 through 2013 for the City of Dubuque, Iowa, were adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on March 13, 2008, in the Historic Federal
Building.
BOARDS/COMMISSIONS
Appointment was made to the following Board/Commission: Mediacom Charitable
Foundation (Two 1-year terms through December 31, 2008 – Terms of Hall and Chavenelle)
Motion by Braig to appoint Constance Twining to a one-year term through December 31, 2008.
Seconded by Jones. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Medical Associates Clinic / Robert Hartig – Planned Unit Development District (PUD)
Amendment (Tabled from December 17, 2007 City Council Meeting)
Motion by Connors to remove from the table. Seconded by Voetberg. Motion carried 7-0.
Proof of publication on notice of public hearing to consider a request from Medical
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Associates Clinic / Robert Hartig to amend the existing Associates Park Planned Unit
Development (PUD) District to designate a portion of the existing greenway buffer for business
use and Zoning Advisory Commission recommending denial.
Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed
amendment to the Associates Park Planned Unit Development District.
Motion by Connors to receive and file the documents and for the first consideration of an
Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by adopting a revised Planned Unit Development Ordinance for the Medical
Associates West Campus Planned Unit Development District and by repealing Ordinances 24-
94, 32-96 and 35-99. Seconded by Lynch. Motion carried 5-2 with Resnick and Braig voting
nay.
Medical Associates Chief Operating Officer Brian Schatz, 1500 Associates Drive, reviewed
a handout and discussed the 50-foot greenway. He noted the property was already zoned
commercial and believed that Planned Unit Development was meant to be flexible. He further
stated that Medical Associates has been a good neighbor and requested City Council look at
the project and not the emotions involved.
Robert Hartig, 1500 Associates Drive, presented a slideshow, which described the West
Campus Medical Support Service Building project, its purpose, and the concessions they have
made in response to the concerns expressed by the adjacent property owners. Mr. Hartig
reviewed the history of the campus development. He discussed the need to build in this area;
building options; and what will be done in terms of drainage, landscaping, visibility and noise.
He cited other developments within the city not requiring green space. He stated that the
drainage problems are not the fault of Medical Associates and provided information indicating
property values in the area have increased and would not be affected by the decrease in green
space. Medical Associates has held four neighborhood input meetings.
Mary Pat Kerper, 3830 Cora Drive, spoke on behalf of Cora Drive residents. Ms. Kerper
presented a slide show of the affected homes and existing green space, and reviewed the
history and timeline of the rezoning. She discussed the reasons for the opposition, which
included decreased property values, increased noise and safety concerns, drainage problems,
and poor aesthetics. She questioned Medical Associates’ reasons for not developing
elsewhere on its existing acreage and cited several options. She noted that 18 homes were in
existence when the original PUD was adopted in 1994 and questioned why change it now if it
is working. She believes the current green space must be protected.
Residents that spoke in opposition to the rezoning: Tim and Georgia Schmitt, 1575
Donovan Drive; Lavonne Kennedy, 3860 Cora Drive; Regina Pint, 3870 Cora Drive; Holly
Young owner of 3820 and 3822 Cora Drive; William Beam, 3848 Cora Drive; Eric Kaufman,
2456 Hilton Springs, and owner of 3814, 3816 Cora Drive.
Rebuttal by Mr. Hartig included examples of adjacent property owners encroaching upon
Medical Associates’ property by mowing, dumping of yard waste, sump pump/gutter drainage,
and vehicle storage. Mr. Hartig stated that a driveway would not circle the proposed building
and traffic would remain the same as it is today with only box-truck deliveries. Mr. Hartig stated
that this is an important project for the city, that businesses change, and there needs to be
flexibility.
Planning Services Manager Laura Carstens provided a staff report stating that this is a
customized zoning for a particular use and that there have been several amendments to this
PUD since it was first adopted in 1994.
Zoning Advisory Commission Vice Chairperson Jeff Stiles stated that Medical Associates
has compelling arguments for their request, and they have answered the neighbors’ concerns.
He reviewed the history of the PUD and noted that Medical Associates is committed to keeping
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the proposed area as parking as well as committed to the green space. Mr. Stiles said that the
Commission was obligated to keeping the green space. Upon being questioned by Council
Member Connors, he said that the green space was added to the PUD in 1996.
Connors questioned the safety concerns raised by residents when Cora Street poses a
greater concern. Residents shouldn’t be concerned about street parking when Medical
Associates will be building a parking lot. She said things do change over the years, and the
City is chipping away on other developments. Medical Associates has presented a solid plan.
Voetberg said the he was a City Council Member when the PUD was adopted. He stated
that some of the complaints by neighbors were not well founded and disagreed with many of
their issues. The green space was Medical Associates’ idea and that keeping areas for future
parking lots for buildings to be built in 20-30 years was not compelling.
Resnick stated that Medical Associates is a great business, but the City Council made a
commitment in 1994 and 1996.
Braig stated the Medical Associates agreed to the original green space, and they can’t keep
chipping away at it for a building.
Jones stated that Medical Associates made very effort to respond to concerns, but they
agreed to the green space.
Buol stated that this is a tough question but he had to agree with Council Member Connors.
He said that a green space is more than grass. It includes sustainable buildings. The proposal
still includes significant space between residential and Medical Associates.
Lynch stated that he was disappointed because someone loses no matter what is decided.
He wished there could be more compromise, and we cannot always live by previous business
decisions.
Arboretum Drive – Request to Vacate: Proof of publication on notice of public hearing to
consider a request from Mike Felderman to vacate and purchase a portion of Arboretum Drive
and City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 52-08 Approving plat of proposed vacated portion of
Arboretum Drive and underlying roadway easement, Resolution No. 53-08 Vacating a portion
of Arboretum Drive and underlying roadway easement, and Resolution No. 54-08 Disposing of
City interest in Lot B of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa.
Seconded by Jones. Motion carried 7-0.
Iowa Wireless Services, LLC: Proof of publication on notice of public hearing to consider a
proposed lease of space to Iowa Wireless Services, LLC for a telecommunication antenna
facility on the Pennsylvania Avenue Water Tank and City Manager recommending approval.
Motion by Lynch to receive and file the documents and adopt Resolution No. 55-08 Approving
a Lease Agreement between the City of Dubuque and Iowa Wireless Services, LLC for the
installation and operation of a wireless telecommunication antenna facility. Seconded by Braig.
Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Washington Neighborhood Lighting Initiative: City Manager recommending approval of the
street and alley lighting program proposed for the Washington Neighborhood. Motion by Jones
to receive and file the documents and approve. Seconded by Voetberg. Resnick suggested
including small, compact, fluorescent bulbs. Motion carried 7-0
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175 Anniversary Committee Grant Awards: City Manager recommending approval of the
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175 Anniversary Committee grant awards for ten projects. Motion by Connors to receive and
file the documents and approve. Seconded by Lynch. Connors thanked the groups that applied
and the committee. Motion carried 7-0.
Americans with Disabilities Act – Architectural Barrier Removal: City Manager
recommending adoption of an ordinance that will permit the enforcement of the Americans with
Disabilities Act (ADA) on the local level. Motion by Jones to receive and file the documents and
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 passed be suspended. Seconded by
Lynch. Motion carried 7-0
Motion by Jones for final consideration and passage of Ordinance No. 6-08 Amending
Chapter 11, Buildings and Building Regulations, of the City of Dubuque Code of Ordinances by
adding a new Article VIII, Accessibility Code for Readily Achievable Changes. Seconded by
Braig. Motion carried 7-0.
City Council Work Session – Digital TV Transition: City Manager requesting that a City
Council Work Session be scheduled so that information can be presented on the upcoming
digital television transition. Motion by Connors to receive and file the documents and set the
date for the work session on April 21, 2008 at 5:30 p.m. in the Historic Federal Building.
Seconded by Lynch. Motion carried 7-0.
Fiscal Year 2009 Operating Budget and Five Year Capital Improvement Program: City
Manager submitting the Fiscal Year 2009 Operating Budget and Five Year Capital
Improvement Program. Motion by Connors to receive and file the documents. Seconded by
Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Buol reported on his attendance at the US Conference of Mayors and that the City could
receive $345,000 annually from an Energy Efficiency Block Grant. He is working to bring the
Science in the Schools program to Dubuque in conjunction with DuPont.
CLOSED SESSION
Upon motion at 9:55 p.m., the City Council convened in closed session regarding pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa.
Upon motion at 10: 39 p.m., the City Council reconvened in open session stating they had
given staff property direction.
There being no further business, upon motion the City Council adjourned at 10:40 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 2/13
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