Minutes_City Council Proceedings 3 15 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on March 15, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Deacon Dave McGhee of Nativity Church
PROCLAMATIONS
Dubuque Visiting Nurse Association Centennial Week (March 28–April 3, 2010) was
accepted by Nan Colin, VNA; Arts Education Month (March 2010) was accepted by Greg
Orwoll, Colts Drum and Bugle Corps; Cheryl Werner, Dubuque Community School District; and
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Wendy and Rusty Kephart of Kephart’s Music Store; and the 200 Anniversary of Julien
Dubuque’s Death (March 24, 2010).
PRESENTATION
American Eagle Airlines 2009 Station of the Year Award was accepted by Bob Steinhauser
and Christy Wolf of American Eagle Airlines.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 6-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 2/2; City
Conference Board of 2/1; City Council of 2/24, 3/1, 3/2 and 3/9; Environmental Stewardship
Advisory Commission of 3/2; Zoning Advisory Commission of 3/3; Zoning Board of Adjustment
of 2/25
Proofs of publication of City Council Proceedings of February 15, 16, and 24, 2010
Library Board of Trustees Update from the meeting of February 25, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Rebecca Kruse for vehicle damage; Antoine Clemons vs. Brian
Wullweber and the City of Dubuque; Sheena Gillen 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: Sheena Gillen for
vehicle damage; Everett Corley for vehicle damage; Rebecca Kruse for vehicle damage. Upon
motion the documents were received, filed and concurred.
2008 Catch Basin Replacement Project: City Manager recommending acceptance of the
2008 Catch Basin Replacement Project as completed by McDermott Excavating, Inc., in the
final contract amount of $92,994.00. Upon motion the documents were received and filed and
Resolution No. 77-10 Accepting the 2008 Catch Basin Replacement Project and authorizing
payment of the contract amount to the contractor was adopted.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, advising that on or about March 4, 2010 the Channels E!, HLN and Tru TV will be
added to the high definition line-up. Upon motion the document was received and filed.
Insurance Institute for Highway Safety: Special report from the Insurance Institute for
Highway Safety on phoning while driving. Upon motion the document was received and filed.
National League of Cities: Article from Nation’s Cities Weekly entitled “Cities Taking Action
Against Distracted Driving.” Upon motion the document was received and filed.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors requesting a meeting with City representatives and the County Board of Health to
discuss the potential of a partnership with the City of Dubuque for future health service needs.
Upon motion the document was received, filed and referred to the City Manager.
Purchase of Property – 2315 Jackson Street: City Manager recommending approval of the
acceptance of a Sheriff’s Deed for a two-story dwelling located at 2315 Jackson Street. Upon
motion the documents were received and filed and Resolution No. 78-10 Approving the
acceptance of a Sheriff’s Deed for the east one-half of Lot 24A in L.H. Langworthy’s Addition to
the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof located
at 2315 Jackson Street was adopted.
PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $72,000 for Loras College for the necessary equipment to operate shared
educational Channel 17. Upon motion the documents were received and filed.
Rural Business Enterprise Grant (RBEG): Communication to Bill Menner, State Director –
Rural Development for the U.S. Department of Agriculture, in support of the Rural Business
Enterprise Grant (RBEG) application to develop an assessment map for biomass fuel within
the Greater Dubuque region and northeast Iowa. Upon motion the documents were received
and filed.
Council Appointments: Communication from the Iowa League of Cities requesting that City
Council Member Dirk Voetberg serve on the Legislative Policy Committee.
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Communication from the National League of Cities advising that City Council Member Dirk
Voetberg has been appointed to the NLC 2010 Community and Economic Development Policy
and Advocacy Committee.
Communication from the National League of Cities advising that City Council Member Kevin
Lynch has been appointed to the NLC Information Technology and Communications Policy
and Advocacy Committee.
Upon motion the documents were received and filed.
City Development Board: Notification from Steven R. McCann, Administrator – City
Development Board, that a public hearing in the matter of the City of Asbury voluntary
annexation including non-consenting owners within the urban area of the City of Dubuque will
be held on April 14, 2010. Upon motion the documents were received and filed.
Dubuque County Board of Supervisors – FEMA: Communication from the Dubuque County
Board of Supervisors in support of the City’s efforts of involvement with the property owner
appeals process related to the recently revised Federal Emergency Management Agency’s
preliminary flood plain maps. Upon motion the document were received and filed.
Fiscal Year 2011 Wage Plan and Compensation Package for Non-Bargaining Unit
Employees: City Manager recommending approval of the Fiscal Year 2011 Wage Plan and
Compensation Package for non-bargaining unit employees. Upon motion the documents were
received and filed and Resolution No. 79-10 Approving the Wage Plan and Compensation
Package for non-bargaining unit employees for Fiscal Year 2011 was adopted.
Amendment to Collective Bargaining Agreement – Teamsters Local No. 120: City Manager
recommending approval of an amendment to the Collective Bargaining Agreement with the
Teamsters Union to provide for a work week that consists of ten hours per day and four days
per week for the Airport Maintenanceworkers and Airport Mechanic. Upon motion the
documents were received, filed, and approved.
Tobacco Use Prevention and Control Community Partnership Grant: Letter of support for
the Hillcrest Family Services / Dubuque County application for funds through the Tobacco Use
Prevention and Control Community Partnership Grant. Upon motion the documents were
received, filed, and approved.
Housing Commission: Communication from the Housing Commission regarding the minutes
of the Enforcement Subcommittee of the Safe Community Task Force meeting of January 20,
2010. Upon motion the documents were received and filed.
Signed Contracts: Qwest contract related to the parking ramp at 975 Central Avenue;
Agreement for Architectural and Project Plan Review for Energy Star Certification and Utility
Rebates with Eco Smart Building, PC for the new parking ramp. Upon motion the documents
were received and filed.
Business License Refunds: Request of Bammers Sports Bar and Grill, LLC, for a refund of
Beer and Liquor License #LC0037050 in the amount of $422.50.
Request of Donald W. Geiger, A & B Tap, for a refund of Beer and Liquor License
#LC0034101 in the amount of $633.75.
Upon motion the documents were received, filed, and the refunds approved.
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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. 80-10 Granting the issuance of one new cigarette license to O’Clock Industries
Incorporated and Resolution No. 81-10 Granting the issuance of a Class “C” Beer/Liquor
License to Bunker Hill Golf Course, Salsa’s Mexican Restaurant, P.J. Tap, Neighbor’s, and
Rosewood Diner/Supper Club were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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 Connors. Motion carried 6-0.
Fiscal Year 2011–2015 Consolidated Plan and Analysis of Impediments to Fair Housing:
City Manager recommending that a public hearing be set for April 19, 2010 to consider
approval of the Fiscal Year 2011–2015 Consolidated Plan and Analysis of Impediments to Fair
Housing. Upon motion the documents were received and filed and Resolution No. 82-10
Setting a public hearing on the Fiscal Year 2011–2015 Consolidated Plan for Housing and
Community Development and Resolution No. 83-10 Setting a public hearing on the Analysis of
Impediments to Fair Housing were adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 19, 2010 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. One 3-year
term through February 15, 2013 (At-Large Term of Gukeisen). Applicant: Peter Koshakji, 1076
½ University Avenue.
Appointments to the following Boards/Commissions: Civil Service Commission. One 4-year
term through April 6, 2014 (Term of Schilling). Applicants: Tom Rawson, 2310 Knob Hill Drive;
Jim Schilling, 3283 Bittersweet Lane. Upon concurrence from the City Council, Mayor Buol
appointed Jim Schilling to the Civil Service Commission for a 4-year term through April 6,
2014.
Mechanical Board: Two 3-year terms through March 16, 2013 (Terms of Kelly, Papin and
Bandy). Applicants: Michael Kelly, 2875 Timber Line Drive; Paul Papin, 2955 Jackson Street.
Motion by Braig to appoint Michael Kelly and Paul Papin to the Mechanical Board for two 3-
year terms through March 16, 2013. Seconded by Resnick. Motion carried 6-0.
Zoning Board of Adjustment: One 5-year term through March 25, 2015 (Term of Ruden).
Applicants: Ryan Anglese, 2752 Carlton Avenue; Michael Ruden, 3256 Arrowwood Lane.
Upon roll call vote Michael Ruden was appointed to the Zoning Board of Adjustment for a 5-
year term through March 25, 2015.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Council.
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University of Dubuque – Request to Amend ID Institutional District: Proof of publication on
notice of public hearing to consider a request from the University of Dubuque to amend the
University of Dubuque ID Institutional District to allow for an expanded parking lot near the
corner of Finley and West Streets (2320 / 2350 West Street and 1211 Finley Street) and
Zoning Advisory Commission recommending approval. Motion by Connors 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 Braig. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 18-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an amended campus development plan to allow construction of an
expanded parking lot for the University of Dubuque ID Institutional District near the corner of
Finley and West Streets. Seconded by Braig. Jim Steiner, Vice President of Finance for the
University of Dubuque, 2000 University Avenue, spoke in support of the proposed ordinance
and stated that houses affected by the development would be deconstructed or relocated.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0.
Bethany Home – Request to Rezone: Proof of publication on notice of public hearing to
consider a request from Glinda Manternach, Bethany Home, to rezone property located at 921
/ 925 Lincoln Avenue from R-2A Alternate Two-Family Residential District to R-3 Moderate
Density Multi-Family Residential District and Zoning Advisory Commission recommending
approval. Motion by Connors 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 Jones. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 19-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 921 / 925 Lincoln Avenue from R-2A
Alternate Two-Family Residential District to R-3 Moderate Density Multi-Family Residential
District. Seconded by Jones. Planning Services Manager Laura Carstens provided a staff
report. Glinda Manternach, speaking on behalf of Bethany Home, 1005 Lincoln Avenue, stated
that the two houses affected by the request were salvaged and are now gone. Motion carried
6-0.
Dubuque Property Investments, LLC, – Request to Rezone: Proof of publication on notice of
public hearing to consider a request from Greg Prehm / Dubuque Property Investments, LLC,
to rezone property located at 2639 University Avenue (Lots 46 through 50 of the Lenox
Addition along Beverly Avenue) from R-1 Single-Family Residential District to R-2 Two-Family
Residential District and Zoning Advisory Commission recommending denial. Motion by
Connors to receive and file the documents and concur with the denial of a proposed ordinance
amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2639 University from R-1 Single-Family
Residential District to R-2 Two-Family Residential District. Seconded by Braig. Executive
Director of Greater Dubuque Development Corporation Rick Dickinson, 300 Main Street, spoke
on behalf of the developers and asked that the request be tabled in order to give the developer
time to work out issues with the neighbors. Dan O’Meara, 2631 Nebraska Street; Carol
Steckel, 2645 University Avenue; and Bruce Schaal, 2765 Beverly Street, spoke in opposition
to the request citing concerns over additional traffic, multiple vehicles and tenants, unsightly
development, and uncooperative landlords. City Attorney Lindahl stated that a denial of the
request requires the developer to re-file with the Zoning Commission. Planning Services
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Manager Laura Carstens stated that R2 Residential Development does not require the
submission of a site plan or screening conditions and that the project meets City codes. Motion
to concur with the denial carried 6-0.
Request to Rezone – Historic Millwork District: Proof of publication on notice of public
hearing to consider a request from the City of Dubuque to rezone property located south of
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12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial
and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned
Commercial designation for the Historic Millwork District PUD and Zoning Advisory
Commission recommending approval. Motion by Connors 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 Jones. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 20-10 Amending
Title 16, of the City Of Dubuque Code Of Ordinances, Unified Development Code, by
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reclassifying hereinafter described property located south of 12 Street, east of White Street
and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District
to PUD Planned Unit Development District with a PC Planned Commercial designation for the
Historic Millwork District PUD. Seconded by Braig. John Rettenmeier, 1105 Loras Blvd., spoke
expressing his concerns over the condition of Washington Street; Phil Mihalakis 2602
Hacienda Drive, spoke in opposition to his two parcels being included in the proposed zoning.
Attorney Jennifer Clemens Conlon, 2080 Southpark Ct. representing Stakis, LLC, and A&K
Leasing, asked that the district maps be corrected to show proper ownership of her clients’
parcel, reconsider realigning Elm Street for parking, and plan staggered development around
her clients’ property. Ellen Goodman Miller, Historic Millwork District Resource Development
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Director, 421 West 3 Street; Dubuque Main Street Executive Director Dan LoBianco, 1069
Main Street; Tim McNamara, 700 Sunset Ridge, and John Gronen, Gronen Properties, 1056
Main Street, spoke in support of the rezoning. P.J. Anglin, Managing Partner for A&K Leasing,
390 E12th Street, questioned why he was not notified of public input meetings adding that
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although he supported the plan, he believed the district should end at 11 Street until the first
phase is successfully completed. John White, 434 Burch Street, requested that his properties
not be included in the rezoning citing conflicts between residential and heavy industrial uses.
Dave Miner, 1048 White Street, stated that he has no objections to the rezoning but objected
to the conditional use permit process which could limit expansion. Planning Services Manager
Laura Carstens provided a staff report and stated that existing businesses can operate as
usual, but expansions will require conditional use permits under this PUD. She added that the
City uses County records to send notices to the property owners of record. Motion carried 6-0.
Vacating Petition – Seippel Road: Proof of publication on notice of public hearing to
consider a request from Toby Kress, representing Kress Industrial Facility, LLC, to vacate and
release excess right-of-way easement along Seippel Road and City Manager recommending
approval. Motion by Braig to receive and file the documents and adopt Resolution No. 84-10
Disposing of interest and vacate an excess easement for public roadway over Lot 1 of Seippel
Road Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa. Seconded by
Connors. Motion carried 6-0.
Sale of Property – 1699 Washington Street: Proof of publication on notice of public hearing
to consider the sale of real estate located at 1699 Washington Street to Christina Krier as part
of the Neighborhood Stabilization Program and City Manager recommending approval. Motion
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by Braig to receive and file the documents and adopt Resolution No. 85-10 Disposing of City-
owned property, specifically, Lot Two of Lot Eighty-Six in East Dubuque Addition in the City of
Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof located at 1699
Washington Street. Seconded by Connors. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council: Request of Sandy Amberg to address the City Council
to present a petition asking that fluoride be removed from Dubuque’s water.
Request of Shane Duncan to address the City Council regarding the dangers of fluoride.
Ms. Amberg, 80 Croydon Crest, provided a slide presentation and submitted a petition in
opposition to the fluoridation of Dubuque’s water and requested the City Council move to
further study the effects of fluoridated water. Mr. Duncan, 506 Angella Street, provided a slide
presentation about fluoride and spoke in opposition to fluoridated water. Motion carried 4-2.
With Jones and Resnick voting nay.
Sunset Ridge: Communication from Tim McNamara, 700 Sunset Ridge, submitting a
petition regarding the reconstruction of Sunset Ridge and requesting to be heard by the City
Council. Motion by Braig to receive and file documents and refer to the City Manager.
Seconded by Jones. Tim McNamara, 700 Sunset Ridge, asked that the City Council consider
reconstruction of Sunset Ridge as a narrower street without sidewalks. Motion carried 6-0.
Downtown Rehabilitation Loan and Façade Grant: City Manager recommending approval of
a letter of commitment for a Downtown Rehabilitation Loan for $300,000, a Façade Grant of
$10,000, Design Grant of $10,000, and a Financial Consultant Grant of $15,000 for Helicon
Management, LLC, to support their rehabilitation of property located at 756 Main Street
(formerly Walker’s Shoe Store). Motion by Connors to receive and file the documents and
adopt Resolution No. 86-10 Authorizing a Letter of Commitment and additional actions
concerning a Downtown Rehabilitation Loan and Façade Grant for property located at 756
Main Street. Seconded by Resnick. Motion carried 6-0.
I-JOBS Grant Award: Press release from the Office of the Governor announcing that the
City of Dubuque will receive a $240,000 I-JOBS award to acquire and rehabilitate six historic
row-house apartments as part of the Washington Neighborhood Revitalization Plan. Motion by
Lynch to receive and file the documents. Seconded by Braig. Motion carried 6-0.
State of Iowa Direct Financial Assistance Application: City Manager recommending approval
of the submission of a Direct Financial Assistance program application to the Iowa Department
of Economic Development in the amount of $50,000 on behalf of Peninsula Gaming, LLC.
Motion by Connors to receive and file the documents and adopt Resolution No. 87-10
Authorizing the filing of a Financial Assistance Application to the Iowa Department of Economic
Development on behalf of Peninsula Gaming, LLC. Seconded by Jones. Motion carried 4-0.
(Jones and Braig were out of the room)
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Utility Relocation Project – 9 to 10 Streets: City Manager recommending award of the
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contract for the Utility Relocation Project – 9 to 10 Streets to Top Grade Excavating, Inc., in
the amount of $710,860.87. Motion by Lynch to receive and file the documents and adopt
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Resolution No. 88-10 Awarding the public improvement contract for the Utility Relocation
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Project – 9 to 10 Streets: Sanitary Sewer, 20-inch Transmission Watermain, and Fiber Optic
Conduit. Seconded by Connors. Motion carried 6-0.
Demolition and Moving Permits: City Manager recommending approval of amendments to
the City of Dubuque Code of Ordinances relating to demolition and moving permits. 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 Connors. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 21-10 Amending the
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building
Construction, Demolition and Moving, Section 14-2-1: Permit Required; Section 14-2-2:
Application for Permit; Section 14-2-3: Permit Issuance; Generally; Section 14-2-4: Moratorium
for Construction or Other Work on Certain Streets, Areas or Facilities; Section 14-2-5: Fees;
Section 14-2-6: Special Provisions; Section 14-2-7: Insurance Requirements; Section 14-2-8
Special Requirements; and deleting Section 14-2-8: Enforcement. Seconded by Braig. Motion
carried 6-0.
Dubuque Ice and Recreation, Inc.: City Manager recommending approval of an additional
contribution to Dubuque Ice Arena construction costs. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0.
Request for Work Session: City Manager requesting City Council direction regarding a work
session on the proposed plans for the Dubuque Regional Airport’s passenger terminal. Motion
by Lynch to set a work session for April 19, 2010. Seconded by Braig. Motion carried 6-0.
State of the City Address: Press release regarding the State of the City Address scheduled
for Monday, March 22, 2010 at 7:00 p.m in the Council Chambers at the Historic Federal
Building. Motion by Lynch to receive and file the documents. Seconded by Braig. Motion
carried 6-0.
There being no further business, upon motion the City Council adjourned at 9:25 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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