Minutes City Council 1 20 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on January 20, 2009 in the
Historic Federal Building.
Present: Mayor Pro-Tem Lynch, Council Members Connors, Jones, Resnick, Voetberg, City
Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol, Council Member Braig
Mayor Pro-Tem Lynch 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.
Invocation was provided by Pastor Wayne Whittenbaugh, Apostolic Christian Church.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Jones. Motion carried 5-0.
Minutes and Reports Submitted: Airport Commission of 10/27; Arts and Cultural Affairs
Advisory Commission of 10/28; Cable TV Teleprogramming Commission of 12/2; City Council
of 1/5 and 1/6; Zoning Advisory Commission of 1/7; Zoning Board of Adjustment of 12/18
Proofs of publication of City Council Proceedings of December 15, 2008 and List of Claims
and Summary of Revenues for Month Ending November 30, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Scott D. Hos for vehicle damage; Karen Lyness for personal injury;
Jacob R. Bellings for vehicle damage; Joan M. Miller for personal injury; Judd Billmeyer for
vehicle damage; Paul Swartzel for vehicle damage. Upon motion the documents were
received, 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: William Latham for
personal injury; EMC Insurance Companies, representing Karen Lyness, for personal injury;
Noel Ploessl for vehicle damage; Jacob Bellings for vehicle damage; Judd Billmeyer for vehicle
damage; Jim David for property damage; Joan Miller for personal injury
City Attorney recommending settlement of the claim of Bonjour Estates for property damage
Upon motion the documents were received, filed, and concurred.
City Development Board: Steven R. McCann, City Development Board Administrator,
submitting the Filing of Written Decision and the Findings of Fact and Conclusions of Law and
Determination in the matter of the City of Asbury Voluntary Annexation within the Urbanized
Area of the City of Dubuque, Iowa. Upon motion the documents were received and filed.
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation advising that IDOT intends to renew the Corridor Preservation Zone along U.S.
20 from the Peosta interchange easterly to near the intersection with the Northwest Arterial.
Upon motion the document was received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Stock Clerk, Mechanic, and Parking System Technician. Upon motion the
documents were received and filed and made a Matter of Record.
Crescent Heights Subdivision: City Manager recommending acceptance of the public
improvements which the developer, McDermott Real Estate, LLC, has recently completed in
Crescent Heights Subdivision. Upon motion the documents were received and filed and
Resolution No. 18-09 Accepting improvements in Crescent Heights Subdivision was adopted.
Arbor Estates – Phase 3 Subdivision: City Manager recommending acceptance of the public
improvements which the developer, Kivlahan Farms, LC, has completed in Arbor Estates --
Phase 3 Subdivision in the City of Dubuque, Iowa. Upon motion the documents were received
and filed and Resolution No. 19-09 Accepting improvement in Arbor Estates – Phase 3
Subdivision was adopted.
Cedar Ridge Farm Place No. 4 – Stormwater Detention Improvements: City Manager
recommending acceptance of the stormwater detention improvements which the developer,
Nemmers Cedar Ridge Farm Limited Partnership, has recently completed in Cedar Ridge
Farm Place No. 4. Upon motion the documents were received and filed and Resolution No. 20-
09 Accepting stormwater detention improvements in Cedar Ridge Farm Place No. 4 was
adopted.
Revitalize Iowa’s Sound Economy (RISE) Application: City Manager recommending
approval of a resolution endorsing a RISE grant application for construction of a new street
north from Chavenelle Drive to serve approximately 75 acres of industrial property located on
the former North Siegert Farm. Upon motion the documents were received and filed and
Resolution No. 21-09 Endorsing the submission of a Revitalize Iowa’s Sound Economy (RISE)
application to the Iowa Department of Transportation for the construction of a street north from
Chavenelle Road to access lots in the Dubuque Industrial Center North Siegert Area was
adopted.
Development Agreement – 40 Main, LLC: City Manager recommending approval of a
Development Agreement between the City and 40 Main, LLC, for the revitalization of property
located at 40 – 42 Main Street in downtown Dubuque. Upon motion the documents were
received and filed and Resolution No. 22-09 Approving a Development Agreement for the
redevelopment of 40 Main Street was adopted.
Enterprise Zone Commission Appointments: City Manager recommending approval of the
three at-large appointments of Dan LoBianco, Doug Stillings and Doug Buswell to the City’s
Enterprise Zone Commission. Upon motion the documents were received, filed, and approved.
Purchase of Property – 6950 Pennsylvania Avenue: City Manager recommending
acceptance of the warranty deed to certain real estate located at 6950 Pennsylvania Avenue
from Lloyd and Jane Steffen. Upon motion the documents were received and filed and
Resolution No. 23-09 Accepting the deed to certain real estate in Dubuque County, Iowa, from
Lloyd and Jane Steffen was adopted.
Plat of Survey – Old Davenport Road: Zoning Advisory Commission recommending
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approval of the Plat of Survey on Old Davenport Road as requested by David Chapin. Upon
motion the documents were received and filed and Resolution No. 24-09 Approving the plat of
survey of Lot 1 of Lot 2 and Lot 2 of Lot 2 of the southeast quarter of the southeast quarter of
Section 24, Township 88 North, Range 2 east of the Fifth P.M. in Table Mound Township in
Dubuque County, Iowa, was adopted.
Dubuque Water Trail Grant Application: City Manager recommending approval of an Iowa
Water Trails grant application for the Dubuque Water Trail, which will stretch from Lock and
Dam No. 11 south to Massey Marina Park along the Mississippi River. Upon motion the
documents were received and filed and Resolution No. 25-09 Approving the submittal of an
application for Iowa Water Trail Funding to the Iowa Department of Natural Resources for the
Dubuque Water Trail was adopted.
Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for selling alcohol to
an underage person by Bricktown Brewery, Las Margaritas, and Shannon’s Bar and Grill.
Upon motion the documents were received, filed, and approved.
Tobacco Compliance – Civil Penalties for Tobacco Permit Holders: City Manager
recommending acceptance and approval of Acknowledgement/Settlement Agreements for
selling tobacco to underage persons by Oky Doky (2010 Kerper Boulevard), Road Ranger and
Hy-Vee #3. Upon motion the documents were received, filed, and approved.
Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and stormwater
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 26-09 Adopting the Schedule of Assessments for
delinquent water, refuse, sewer and stormwater collection accounts and specifying the number
of annual installments into which assessments are divided, the interest on all unpaid
installments, the time when the assessments are payable and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof as adopted.
Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year
2008 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial
Statements, Management Letter and City Responses to the Management Letter. Upon motion
the documents were received and filed.
University of Dubuque Usage Agreement: City Manager recommending approval of a Usage
Agreement with the University of Dubuque for the 2009 Alumni Basketball Tournament. Upon
motion the documents were received, filed, and approved.
Julien Dubuque Monument: Historic Preservation Commission recommending approval of a
request from the Friends of the Mines of Spain for Historic District Public Improvement
Program (HDPIP) funds for an improvement project at the Julien Dubuque Monument, with
conditions. Upon motion the documents were received, filed, and approved.
Alliant Energy – Letter of Agreement: City Manager recommending approval of a Letter of
Agreement with Alliant Energy concerning placement of outdoor cameras on Alliant Energy
utility poles. Upon motion the documents were received, filed, and approved.
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Dubuque Regional Airport Terminal Relocation Project: City Manager recommending
approval of a revised legal description for property located at 10719 Merlin Lane with the fair
market value remaining at the figure set forth previously. Upon motion the documents were
received and filed and Resolution No. 27-09 Establishing the Fair Market Value of Real
Property at 10719 Merlin Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey Bradley,
and Brian Bradley was adopted.
Dress Insurance Claim: City Manager recommending settlement of the claim of Leonard
Dress for vehicle damage. Upon motion the documents were received, filed, and approved.
Dubuque Humane Society – Purchase of Service Agreement: City Manager recommending
approval of a new five-year Purchase of Service Agreement between the City of Dubuque and
the Dubuque Regional Humane Society. Upon motion the documents were received, filed, and
approved.
Business License Refund: Request of Susan Harle-Heim, Hudson’s Classic Grill, for a
refund of License No. LC0053803 in the amount of $211.25. Upon motion the document was
received, filed, and the refund approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 28-09 Granting the issuance of a Class “C” Beer Permit to Awn Stop Mart and Hartig Drug
#4, and Resolution No. 29-09 Granting the issuance of a Class “C” Beer/Liquor License to
Taiko Japanese Restaurant and a Class “B” Wine Permit to Hartig Drug #4 were adopted.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Voetberg. Motion carried 5-0.
Floodwall Levee Slope Stabilization Project: City Manager recommending initiation of the
public bidding process for the Floodwall Levee Slope Stabilization Project and that a public
hearing be set for February 2, 2009 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. 30-09 Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Floodwall Levee Slope
Stabilization Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on February 2, 2009 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Community Development Advisory Commission: Two 3-year
terms through February 15, 2012, Low/Moderate Income Area and At-Large requirements
(Terms of Wainwright and Stubben). Applicants: Hilary Stubben, 2433 Broadway Street
(Low/Moderate Income Area); Thomas Wainwright, 1788 Lori Street (At-Large). Mr.
Wainwright spoke in support of his re-appointment.
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PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City Council.
Dubuque Industrial Center Planned Unit Development District (Tabled on November 17,
2008): City Manager requesting that this item be re-tabled until the April 6, 2009 City Council
meeting.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/
Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial
Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of
property from open space to commercial and Zoning Advisory Commission recommending
approval, with conditions.
Motion by Voetberg to remove from table. Seconded by Connors. Motion carried 5-0.
Motion by Voetberg to table a proposed 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 Dubuque Industrial Center Phases I and II located at the
southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing
Ordinance 22-07 until April 6, 2009. Seconded by Connors. Motion carried 5-0.
15264 Middle Road – Request to Rezone: Proof of publication on notice of public hearing to
consider a request from Thomas and Karen Gerhard to rezone property located at 15264
Middle Road from County R-2 Single-Family Residential District to City CS Commercial
Services and Wholesale District and Zoning Advisory Commission recommending approval.
Motion by Connors to consider the first reading of a proposed ordinance amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 15264 Middle Road from Dubuque
County R-2 Single-Family Residential District to City CS Commercial Services and Wholesale
District. Seconded by Voetberg. Planning Services Manager Laura Carstens provided a staff
report. Motion carried 5-0.
nd
607 East 22 Street – Request to Rezone: Proof of publication on notice of public hearing
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to consider a request from Paul Wheelock to rezone property located at 607 East 22 Street
from C-1c Neighborhood Commercial District, with conditions, to C-1 Neighborhood
Commercial District and Zoning Advisory Commission recommending approval, with
conditions. Motion by Connors to consider the first reading of a proposed ordinance amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
nd
reclassifying hereinafter described property located at 607 – 609 East 22 Street from C-1
Neighborhood Commercial District, with conditions, to C-1 Neighborhood Commercial District,
with conditions. Seconded by Voetberg. Paul Wheelock, 3500 Dodge Street, #126, spoke in
favor of the rezoning. Motion carried 5-0.
777 Edwards Road – Amendment to Planned Unit Development District: Proof of publication
on notice of public hearing to consider a request from Doug Edwards / Edwards Family Realty,
LLC to expand the existing Planned Unit Development District by rezoning property from R-1
Single-Family Residential District to PI Planned Industrial District and Zoning Advisory
Commission recommending approval. Motion by Connors to consider the first reading of a
proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 777 Edwards
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Road from R-1 Single Family Residential District to PUD Planned Unit Development District
with a PI Planned Industrial District designation and adopting a revised Conceptual
Development Plan for Edwards Cast Stone. Seconded by Voetberg. Doug Edwards, 777
Edwards Road, spoke in favor of the rezoning. Motion carried 5-0.
Oak Grove Sanitary Sewer and Water Main Extension Project: Proof of publication on notice
of hearing to consider the plans and specifications, form of contract and estimated cost for the
Oak Grove Sanitary Sewer and Water Main Extension Project and City Manager
recommending approval.
There being no public comments, Connors moved to close the Public Hearing. Seconded by
Voetberg. Motion carried 5-0.
Motion by Voetberg to table to February 2, 2009 a proposed resolution approving plans,
specifications, form of contract, and estimated cost for the Oak Grove Sanitary Sewer and
Water Main Extension Project; a proposed resolution with respect to the adoption of the
Resolution of Necessity proposed for the Oak Grove Sanitary Sewer and Water Main
Extension Project; and a proposed resolution approvingschedule of assessments and
estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project,
Seconded by Jones. Motion carried 5-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the
Greater Dubuque Development Corporation, 300 Main Street, provided a verbal report on the
activities of GDDC. Motion by Jones to receive and file and express the City Council’s
gratitude. Seconded by Connors. Motion carried 5-0.
Final Plat – English Ridge Subdivision: Zoning Advisory Commission recommending
approval of the final plat of English Ridge Subdivision as requested by English Ridge LLC.
Motion by Jones to receive and file the documents and adopt Resolution No. 31-09 Approving
Final Plat of English Ridge Subdivision in the City of Dubuque, Iowa. Seconded by Voetberg.
Motion carried 5-0.
Millworking Warehouse District Agreement: City Manager recommending approval of an
Agreement with Dubuque Main Street for the hiring of a Resource Development Director for
the Millworking Warehouse District. Motion by Jones to receive and file the documents and
approve the recommendation. Seconded by Voetberg. Motion carried 4-0 with Connors
abstaining.
Youthbuild Contract: City Manager recommending approval of the submission of a Federal
Youthbuild grant application. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Jones. Motion carried 5-0.
Valet Parking: City Manager recommending approval of changes to the special events
permit ordinance in response to a request to offer valet parking in the downtown business
district. Motion by Connors to consider the first reading of a proposed ordinance amending City
of Dubuque Code of Ordinances Sections 33-21 and 33-21.2 to provide for valet parking in the
downtown business district by requiring businesses to obtain a special events permit and
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provide a plan for compliance with the Americans with Disabilities Act and Americans with
Disabilities Act Accessibility Guidelines. Seconded by Jones. Motion carried 5-0.
COUNCIL MEMBER REPORTS
Voetberg reported on phone calls he has received from citizens opposing the alternate-side
snow route parking restrictions and asked that staff look at parking uphill and safety issues
related to side streets, University Avenue and Loras Boulevard.
Jones welcomed and thanked the Boy Scouts from Troops 69 and 48, who were in
attendance. He then thanked Dubuque Initiatives for their efforts related to IBM’s recent
decision to come to Dubuque as well as former Mayor Terry Duggan, former Council Members
Ann Michalski, John Markham, Dan Nicholson, and Pat Cline for their forethought.
There being no further business, upon motion the City Council adjourned at 7:25 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 1/28
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