8 15 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, August 15, 2005
Council met in Special Session at 4:00 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson,
City Manager Van Milligen, Corporation Counsel Lindahl
Mayor Duggan read the call and stated this is a special session of the City Council called for the
purpose of discussing the Zoning and Subdivision Ordinance update.
Kim Mickelson, of Lane Kendig, Inc. presented an update of their work on the Zoning and
Subdivision Ordinance. She requested clarification on several decision points, the first being whether
the City Council preferred to have the Zoning Ordinance separate from the Subdivision Ordinance or
that they be combined into a "Unified Development Code." There was consensus for the Unified
Development Code to provide a more concise, simplified ordinance; other points discussed were the
inclusion of historic preservation districts and urban revitalization districts into the Unified
Development Code; manufactured/industrialized homes, and Planned Unit Development Districts
(PUD's). The next step in the process will be a session to review the first six chapters of the proposed
code.
There being no further business, upon motion meeting adjourned at 5:32 P.M.
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~~ne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Regular Session, August 15, 2005
Council met at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Duggan, Markham, Michalski,
Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this is a regular session of the City Council called for the
purpose of discussing such matters which may properly come before the Council.
Invocation was given by Deacon Paul Peckosh of St. Raphael's Cathedral.
Proclamations: Tour de Dubuque Day (August 27, 2005) received by representatives of the
Custom Riders, and And Irish Hooley Day (September 18, 2005) received by Maureen and Ken
Siegert.
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CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 7/1 and 8/1; Arts and Cultural Affairs
Advisory Commission of 6/28; City Council of 8/1/05; Electrical Code Board of 8/1; Five Flags
Commission of 6/28; Historic Preservation Commission of 7/7 and 7/21; Housing Code Appeals
Board of 1/25 and 5/17; Human Rights Commission of 7/11; Investment Oversight Commission of
7/27; Zoning Advisory Commission of 8/3; Zoning Board of Adjustment of 7/28, upon motion received
and filed.
Proofs of publication of City Council Proceedings of June 27 and July 18, 2005 and List of Claims
and Summary of Revenues for Month Ended June 30,2005, upon motion received and filed.
Investment Oversight Commission submitting the 45th Quarterly Report, upon motion received and
filed.
Library Board of Trustees Update from Meeting of June 28,2005, upon motion received and filed.
Notice of Claims/Suits: Corporation Counsel advising that the following claim has been referred to
Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Clarence
Armbruster for personal injury, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Molly Weidenbacher for vehicle
damage and directing the Finance Department to issue payment, upon motion received and filed and
approved recommendation and Finance Department to issue proper payment.
Park Maintenance Roof Project: City Manager recommending acceptance of the Park Maintenance
Roof Project as completed by Stumpf Construction in the final contract amount of $44,520, upon
motion received and filed. Buol moved adoption of Resolution No. 375-05 Accepting improvement
and Resolution No. 376-05 Approving final estimate. Seconded by Connors. Motion carried 7-0.
Harvest View Park Development Project: City Manager recommending acceptance of the Harvest
View Park Development Project as completed by Klauer Construction in the final contract amount of
$105,265, upon motion received and filed. Buol moved adoption of Resolution No. 377-05
Accepting improvement and Resolution No. 378-05 Approving final estimate. Seconded by Connors.
Motion carried 7-0.
Cedar Street and Dog Track Wastewater Pump Station Rehabilitations: City Manager
recommending approval of the selection of WHKS & Company to provide engineering design and
construction services for the Cedar Street Lift Station and Dog Track Lift Station modifications project,
upon motion received and filed and approved recommendation.
2004 Certified Local Government (CLG) Annual Report: City Manager transmitting the 2004
Certified Local Government (CLG) Annual Report, upon motion received and filed.
RFP for Property Acquisition Consultant for the Bee Branch Creek Restoration Project: City
Manager recommending approval of a Request for Proposals for property acquisition services for the
commercial property south of 16th Street required for the Bee Branch Creek Restoration Project,
upon motion received and filed and approved recommendation.
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Zoning Advisory Commission: Communication from Ben Roush submitting his resignation from the
Zoning Advisory Commission, upon motion received and filed.
APAC Customer Services, Inc.: Communication from Mark A. Gerard, Assistant General Counsel for
APAC Customer Services, Inc., advising that the APAC customer service facility located at 3250 JFK
Circle, Dubuque, Iowa, will discontinue operations and that employees would be separated from
employment during a fourteen day period commencing on September 28, 2005, upon motion
received and filed.
East Central Intergovernmental Association: Communication from Kelley Deutmeyer, Executive
Director of ECIA, submitting the Fiscal Year 2006 Unified Work Program and the June 30, 2005
Comprehensive Economic Development Strategy Annual Report, upon motion received and filed.
Dubuque Community School District: Communication from Dr. Kris Hall, Executive Director of
Equity Operations and School Services for the Dubuque Community School District, requesting that
the west side of Nevada Street be changed to no parking from the north end of Lincoln's property line
to West Fifth Street, upon motion received and filed and referred to the City Manager.
Asbury Plaza Shopping Center - Final Plat of Asbury Plaza No. 14: Zoning Advisory Commission
recommending approval of the final plat of Asbury Plaza No. 14 located in Asbury Plaza Shopping
Center, upon motion received and filed. Buol moved adoption of Resolution No. 379-05 Approving
the final plat of Asbury Plaza No. 14 in the City of Dubuque, Iowa. Seconded by Connors. Motion
carried 7-0.
Dubuque Industrial Center 4th Addition West - Final Plat: Zoning Advisory Commission
recommending approval of the final plat of Lots 1 through 4 and Lots A, Band C of Dubuque
Industrial Center 4th Addition West, upon motion received and filed. Buol moved adoption of
Resolution No. 380-05 Approving the final plat of Lots 1 through 4 and Lots A, Band C of Dubuque
Industrial Center 4th Addition West. Seconded by Connors. Motion carried 7-0.
Rosedale Avenue Reconstruction Project: City Manager recommending award of the contract for the
Rosedale Avenue Reconstruction Project to Portzen Construction, Inc. in the amount of
$1,468,984.70, upon motion received and filed. Buol moved adoption of Resolution No. 381-05
Awarding contract for the Rosedale Avenue Reconstruction Project. Seconded by Connors. Motion
carried 7-0.
Nowata Street Reconstruction Project: City Manager recommending award of the contract for the
Nowata Street Reconstruction Project to McDermott Excavating in the amount of $337,082.33, upon
motion received and filed. Buol moved adoption of Resolution No. 382-05 Awarding contract for the
Nowata Street Reconstruction Project to McDermott Excavating. Seconded by Connors. Motion
carried 7-0.
Capital Improvement Project for Airport Self Fueling System: City Manager recommending approval
for the Airport to purchase a self fueling system at a cost of $56,445, which would come from
additionallDOT funds and trade-in of a 1985 GMC refueler truck, upon motion received and filed and
approved recommendation.
Legal Department Intern: Communication from Randie Herdegen, Legal Intern, expressing
appreciation for the opportunity to work for the City of Dubuque, upon motion received and filed.
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United Parcel Service: Communication from Eric L. Lucas, United Parcel Service, inquiring about
the possibility of purchasing a portion of a City street/alley abutting the property at 2550 Kerper
Boulevard, upon motion received and filed and referred to the City Manager.
Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Manager recommending
acceptance and approval of an Acknowledgement / Settlement Agreement for Lucky 13 Tavern and
Dubuque Plaza 20 Amoco and the assessment of a $300 penalty for a first tobacco compliance
violation, upon motion received and filed and approved.
Performance, Payment and Maintenance Bonds and Improvement Contracts: Comiskey Park
Tennis Court and Skate Park Project; University Avenue Extension - Phase II; Synergy Court DICW
- Street and Utilities Construction Project, upon motion received and filed and approved bonds and
contracts.
Business Licenses: Michalski moved adoption of Resolution No. 383-05 Granting the issuance of a
Class liB" Beer (5-Day Special Event) Permit to Riverfest; and a Class "C" Beer Permit to Sid's
Beverage, Clark of Dubuque, Kwik Stop Food Mart and Oky Doky #6 and Resolution No. 384
Granting the issuance of a Class "C" Beer/Liquor License to Clarke College of Dubuque and Players
Sports Bar; and a Class "B" Wine Permit to Sid's Beverage and Oky Doky #6. Seconded by
Nicholson. Motion carried 7-0.
Discussion ensued about the Player's Sports Bar police report which showed several police calls to
that business.
Dave Lorenz spoke explaining that the number of police calls and problems were due to college
students in their first semester and is limited. Chief Wadding spoke clarifying that the incidents were
related to one incident and the business is working with the Police.
Upon motion it was resolved to receive and file the information and request a three month report of
this business.
ITEMS TO BE SET FOR PUBLIC HEARING
Alliant Easement in Port of Dubuque: City Manager recommending that a public hearing be set for
September 6, 2005 to consider granting an easement to Alliant Energy in the Port of Dubuque, upon
motion received and filed. Cline moved adoption of Resolution No. 385-05 Of intent to dispose of
interest in real property by easement to Interstate Power and Light and set this for public hearing on
9/6/05 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 Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Airport Commission (Two 4-year terms through 9/14/09 - terms of Brotherton and O'Neill
Applicants: Douglas Brotherton, J.K. Hanson II, Michael A. Santillo. Mr. Brotherton, Mr. Hanson and
Mr. Santillo all spoke requesting consideration for appointment.
Housing Code Appeals Board (Two 3-years terms through 1/11/08 - vacant) Applicants: Sandra
Moore. Ms. Moore spoke requesting consideration for appointment.
Appointments to the following Boards/Commissions:
Mediacom Cultural Affairs Charitable Foundation Board (Two Council appointments) Applicants:
Richard Hall, John Woodin, Ellen Hartmann Henkels, and Rebecca Fabricius (currently on Arts and
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Cultural Affairs Advisory Commission) Upon vote, Richard Hall and Rebecca Fabricius appointed to
the Mediacom Cultural Affairs Charitable Foundation Board.
Electrical Code Board (Three 3-year terms through 5/21/08 - Hammel, Pfohl, Pregler): Applicant:
Dan Hammel Upon motion Dan Hammel reappointed for a term to expire 5/21/08.
Housing Commission (Three 3-year terms through 8/17/08 - Helling, Neustadt, Mozena)
Applicants: Anthony Allen, William D. Helling, Julie A. LeClere, Angela Mozena, Harry Neustadt
Upon vote, William Helling, Angela Mozena and Harry Neustadt were reappointed to three year terms
which will expire 8/17/08. Upon vote, William Helling, Angela Mozena and Harry Neustadt
reappointed to three year terms which will expire 8/17/08.
Human Rights Commission (One unexpired term through 1/1/08 - term of McAlpin) Applicants:
Mary Gassman, Marcos Rubinstein; Upon vote, Marcos Rubinstein was appointed to the unexpired
term which will expire 1/1/08.
Library Board of Trustees (One 4-year term through 7/1/09 - term of Felderman) (Mayor
Appointment); Applicant: Dennis Healy, Becky Hauder Becky Hauder spoke requesting
consideration for appointment.
Communication from Mary Strom in support of the application of Dennis Healy, upon motion
received and filed.
Mayor Duggan appointed, with concurrence of Council, Becky Hauder to the Library Board for a four
year term which will expire 7/1/09.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
J.D. Associates/Aaron's: Proof of publication on notice of hearing to consider amending the Wacker
Plaza PUD Planned Unit Development sign regulations as requested by I.D. Associates/Aaron's to
install a free standing pole sign to exclusively promote Aaron's and Zoning Advisory Commission
recommending approval, upon motion received and filed. The General Manager of Aaron's spoke
requesting adoption of the Ordinance.
Ordinance No. 50-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at the northeast corner of U.S.
Highway 20 and Wacker Drive by amending Section E, Sign Regulations, of Ordinance No. 40-89
that established the PUD Planned Unit Development District for Wacker Plaza, presented and read.
Buol 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 Nicholson. Motion carried 7-0. Buol moved final passage and adoption of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
Asbury Plaza Shopping Center: Proof of publication on notice of hearing to consider rezoning
property located at the northwest corner of Asbury Road and the Northwest Arterial by amending the
Asbury Plaza PUD Planned United Development/PC Planned Commercial designation to modify
maximum building height as requested by Asbury Dubuque LLC and Zoning Advisory Commission
recommending approval, upon motion received and filed. Steven St. Peter of Asbury Plaza, LLC,
spoke requesting adoption of the Ordinance. Ordinance No. 51-05 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at the northwest corner of Asbury Road and the Northwest Arterial to amend
Ordinance No. 44-99 that established the PUD Planned Unit Development District for Asbury Plaza
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and amending the building height restriction for out lots, presented and read. Buol 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
Nicholson. Motion carried 7-0. Suol moved final consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Gronen Properties LLC/Michelle Mihalakis: Proof of publication on notice of hearing to consider
rezoning property located at 2080 Elm Street from R-2A Alternate Two-Family Residential District to
OR Office Residential District as requested by Michelle Mihalakis/Gronen Properties LLC for
development of a twenty room SRO and Zoning Advisory Commission recommending approval and
communication from Dolores M. Schiltz in opposition to the proposed rezoning at 2080 Elm Street,
upon motion received and filed.
Michelle Mihalakis, applicant, spoke explaining this would be a SRO for women only, that it would
increase property values and it would be established in partnership with Maria House and other
organizations. Ms. Mihalakis explained that she had made an offer to purchase a piece of property
adjacent to 2080 Elm to provide additional parking and possible green space.
David Chatfield, Darlene Surds, Sheila Walter, and Mark Stein spoke in opposition to the proposed
rezoning citing concerns regarding additional traffic, lack of parking and reduced green space in the
area.
Michelle Brown and Sherry McDonald of the Maria House spoke in support of the project and
stressed the need for it in Dubuque. Cindy Fitzgerald requested that Council look at the good of the
project and not just the parking issue.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 2080 Elm Street from R-2A
Alternate Two-Family Residential District to OR Office Residential District, presented and read. Buol
moved this be considered the first reading of the Ordinance. Seconded by Nicholson. Motion carried
7-0.
Ms. Mihalakis was directed by Council to meet with the neighbors in an attempt to address their
concerns and to provide documentation with regard to the offer to purchase the additional property.
Great River Road Interpretive Sign age Project: Proofs of publication on notice of hearing on plans
and specifications and notice to bidders and City Manager recommending adoption of the plans and
specifications, rejection of all bids received, and the rebidding of the project, upon motion received
and filed. Michalski moved adoption of Resolution No. 386-05 Adopting plans and specifications and
Resolution No. 387-05 Rejecting all bids received for the Great River Road Interpretive Signage
Project and re-ordering bids for the project. Seconded by Markham. Motion carried 6-0 with
Nicholson briefly out of the room.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
OpportunityDubuque: Communication from OpportunityDubuque requesting City Council adopt a
resolution of support to ensure that the community has the option to further study, assess and
investigate whether the construction and/or operation of a communications utility is feasible and
appropriate and submitting a petition requesting that the question of establishing a communications
utility be placed on the ballot of the November 8, 2005 City Council election, upon motion received
and filed. Council Member Michalski clarified that the vote was not for the establishment of the utility
but for the ability to study the option.
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Communications Utility: Markham moved adoption of Resolution No. 388-05 Requesting the
Dubuque County Commissioner of Elections to place the question of the authorization of the City of
Dubuque to establish a Municipal Communications Utility on the ballot for the general election to be
held November 8,2005. Seconded by Nicholson. Motion carried 7-0.
Special Events in Public Right-of-Way: City Manager recommending approval of the establishment
of a policy to hold special events on public rights-of-way, upon motion received and filed and
approved recommendation.
Long Range Planning Advisory Commission: Appointment of City Council liaison to the Long Range
Planning Advisory Commission (currently City Council Member Buol), upon motion Council Member
Cline appointed as liaison as Council Member Buol removed himself from consideration.
Contract Change Order Approval: City Manager recommending that he be authorized to approve
change orders to public improvement contracts and approving a procedure for such change orders,
upon motion received and filed. Buol moved adoption of Resolution No. 389-05 Authorizing the City
Manager to approve change orders to public improvement contracts and providing a procedure for
such change orders. Seconded by Nicholson. Motion carried 7-0.
Highway 20 Bridge: City Manager requesting direction regarding a work session to discuss several
aesthetic design issues for the Highway 20 Bridge Project as it enters Dubuque, upon motion
received and filed and scheduled Work Session for Monday, September 19, 2005 at 5:00 P.M.
COUNCIL MEMBER REPORTS
Cline questioned sidewalk responsibility near Culvers.
At 8:39 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)U) 2005 Code of Iowa.
At 9:09 P.M. Council reconvened Regular Session stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 9:10 P.M.
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eanne F. Schneider, CMC
City Clerk
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