10 17 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 17, 2005
Council met in Regular Session at 6:30 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 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 Alan Garfield, Member of Temple Beth-EI.
Proclamations: Arts and Culture Month (October, 2005) received by William Intrilligator; and
Medicare and You Days (November 9 and 10, 2005) received by Elaine Cullen, Joan Metz, Ruby
Sutton, and Mary Billmeyer.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 9/26; Cable TV Regulatory Commission
of 6/28; Cable TV Teleprogramming Commission of 5/3 and 9/7; City Council of 10/3; Civil Service
Commission of 8/19 and 9/2; Historic Preservation Commission of 9/15 and 10/6; Housing
Commission of 9/28; Long Range Planning Commission of 9/21; Zoning Advisory Commission of
10/5, upon motion received and filed.
Library Board of Trustees Update from the Meeting of September 27,2005, upon motion received
and filed.
Printed City Council Proceedings for month of July, 2005, upon motion received and filed and
approved as printed.
Proofs of publication of City Council Proceedings of September 19 and October 5, 2005 and List
of Claims and Summary of Revenues for Month Ended July 31, 2005, upon motion received and
filed.
Claims/Suits: Corporation Counsel recommending settlement of the claim of Steven Neyens for
property damage and directing the Finance Department to issue payment, upon motion received
and filed and approved recommendation and Finance Department to issue payment.
Tri-State Development Company: Communication from Brian Lammers, Tri-State Development
Company, withdrawing the rezoning request for property on Seipple Road that was tabled on
September 19, 2005, upon motion received and filed and approved the request to withdraw.
United States Environmental Protection Agency: Fact Sheet from the United States
Environmental Protection Agency advising that the second five-year review for the Peoples Natural
Gas Superfund Site has been completed, upon motion received and filed.
City of Greenwood, Mississippi: Communication from Harry L. Smith, Mayor of the City of
Greenwood, Mississippi, transmitting a Proclamation of Thanks and Appreciation to the City of
Dubuque, Iowa from the City of Greenwood, upon motion received and filed.
1
Dubuque Main Street, Ltd.: Recognition from Dubuque Main Street, Ltd to the City Council for
the City Arts and Cultural Initiative; to the Arts Task Force for the City Arts and Cultural Initiative
and to the City of Dubuque for the Bell Street and West Road / South Port Connector, upon motion
received and filed and called special attention to the awards to the City and Commission.
Iowa Department of Transportation: Communication from Mayor Terrance M. Duggan to the Iowa
Department of Transportation regarding funding status of the IA 32 (Southwest Arterial) project,
upon motion received and filed.
Airport Commission CIP Request: City Manager recommending approval of a request from the
Airport Commission to purchase an aircraft de-ice vehicle at a cost of $200,000, of which the FAA
will pay $190,000 and the City $10,000 from the Airport Construction Fund, upon motion received
and filed and approved recommendation.
U.S. 20 Sanitary Sewer Extension Project: City Manager recommending acceptance of the U.S.
20 Sanitary Sewer Extension Project as completed by Top Grade Excavating, Inc. in the final
contract amount of $382,102.05, upon motion received and filed. Buol moved adoption of
Resolution No. 475-05 Accepting the U.S. Highway 20 Sanitary Sewer Extension Project;
Resolution No. 476-05 Approving final estimate and Resolution No. 477-05 Adopting the final
assessment schedule for the U.S. Highway 20 Sanitary Sewer Extension Project including certain
information required by the Code of Iowa, specifically, 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 City Clerk to certify the final schedule and to publish notice thereof.
Seconded by Connors. Motion carried 7-0.
Asbury Plaza Phase I - Acceptance of Public Improvements: City Manager recommending
acceptance of the public improvements which the developer, Rubloff Development Group, Inc. has
recently completed in Phase I of Asbury Plaza, upon motion received and filed. Buol moved
adoption of Resolution No. 478-05 Accepting improvements in Asbury Plaza - Phase I. Seconded
by Connors. Motion carried 7-0.
Civil Service Commission: Civil Service Commission submitting the certified lists for the positions
of Accountant, Utility Billing Coordinator and Engineering Technician, upon motion received and
filed and made a matter of record.
Key City Properties No. 2 - Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Key City Properties No. 2 located on North Cascade Road in Dubuque County,
Iowa, upon motion received and filed. Buol moved adoption of Resolution No. 479-05 Approving
final plat of Key City Properties NO.2 in Dubuque County, Iowa. Seconded by Connors. Motion
carried 7-0.
Boat Ramp and Trailer Parking - AY. McDonald Park: City Manager recommending approval of
a grant agreement with the Iowa Department of Natural Resources for a $50,000 Water Recreation
Access Grant to reconstruct the boat ramp and trailer parking area at Water Works Park (AY.
McDonald Park), upon motion received and filed. Buol moved adoption of Resolution No. 480-05
Authorizing an agreement for a Water Recreation Access Grant for boat ramp and parking at
Water Works Park. Seconded by Connors. Motion carried 7-0.
Trailhead - AY. McDonald Park: City Manager recommending approval of an agreement with the
Iowa Department of Transportation (lOOT) for a $200,000 Federal Recreational Trails grant to construct
2
a trailhead facility at Water Works Park (A.Y. McDonald Park), upon motion received and filed. Buol moved
adoption of Resolution No. 481-05 Authorizing a grant agreement with the Iowa Department of
Transportation for Federal Recreational Trail Funds for Water Works Park Trailhead. Seconded by
Connors. Motion carried 7-0.
Human Rights Commission: Communication from Lou Oswald submitting his resignation from
the Human Rights Commission, effective immediately, upon motion received and filed.
2003 International Building Code: Communication to Mike Connolly requesting support of the
adoption of the 2003 International Building Code, upon motion received and filed.
Samantha Drive: City Manager submitting additional information regarding the Samantha Drive
drainage issue, upon motion received and filed.
Business License Refund: Request of Carol A Meyers for a refund of the cigarette license for A
& B Tap in the amount of $50.00, upon motion received and filed and approved refund.
Business Licenses: Buol moved adoption of Resolution No. 482-05 Granting the issuance of one
renewal permit to sell cigarettes and cigarette papers to Shannon's Bar; Resolution No. 483-05
Granting the issuance of a Class "B" Beer Permit to Happy Joe's; and a Class "C" Beer Permit to
5-Point Mart and Aldi #30 and Resolution No. 484-05 Granting the issuance of a Class "C"
Beer/Liquor License to Channel Inn, Rainbow Lounge and Europa Haus; Special Class "C" Liquor
License to Grape Harbor and Isabella's at the Ryan House; and a Class "WBN" Wine to P.S.I Love
You. Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Southern Avenue Property Sale: City Manager recommending that a public hearing be set for
November 7, 2005 to consider disposing of City-owned property along Southern Avenue to Allan
and Constance Rowell, upon motion received and filed. Cline moved adoption of Resolution No.
485-05 Of intent to dispose of City interest in Lot 29, 30, and 31 of Mineral Lot 39, the easterly 30'
of Lot 1 of John Breakey's Dubuque, the westerly 56' of Lot 1 of John Breakey's Dubuque, Lot 2 of
John Breakey's Dubuque, Dubuque, Iowa by sale to Allan L. and Constance J. Rowell and set
public hearing for 11/7/05 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.
Municipal Parking Garage Restoration Project: City Manager recommending initiation of the
public bidding process for the Municipal Garage Parking Garage Restoration Project and that a
public hearing be set for December 19, 2005, upon motion received and filed. Cline moved
adoption of Resolution No. 486-05 Preliminary approval of plans and specifications; Resolution
No. 487-05 Fixing date of hearing on plans and specifications for 12/19/05 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 and Resolution No. 488-05 Ordering bids. Seconded by Markham.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following Board:
3
Transit Board of Trustees (Three 3-year terms through 7/1/08 - terms of Enderson, Lightcap and
Sand) Applicants: George O. Enderson, Michael W. Sand. No one spoke.
Appointments to the following Commission:
Zoning Advisory Commission (One 3-year term through 7/1/06): Applicants: Kenneth Bichell,
Matthew Lundh, Darren D. White and additional applicants Jim Kieffer and David Welsh, who
spoke requesting consideration for appointment.
Vote on the appointment was as follows: Buol voted for Bichell; Cline voted for Kieffer; Connors
voted for Bichell; Duggan voted for Kieffer; Markham voted for Kieffer; Michalski voted for Bichell;
Nicholson voted for Bichell. Therefore Kenneth Bichell appointed to the unexpired three year term
on the Zoning Advisory Commission which will expire 7/1/06.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Royal Oaks Development - 600 Mazzuchelli Place Rezoning: Communication from A.J. Spiegel
withdrawing the Royal Oaks Development Corporation's application for rezoning of property
located at 600 Mazzuchelli Drive; Communication from Sister Margaret Ann Willging regarding the
condominium plans for Kelly's Bluff; Communication from Dan Grant in support of the River Pointe
project; Proof of publication on notice of hearing to consider reclassifying property located at 600
Mazzuchelli Place from R-2 Two-Family Residential to PUD Planned Unit Development with PR
Planned Residential designation as requested by A.J. Spiegel, Stott and Associates/Royal Oaks
Development and Zoning Advisory Commission recommending denial and an Ordinance
amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 600 Mazzuchelli Drive from R-2 Two-Family
Residential District to PUD Planned Unit Development District with a PR Planned Residential
District Designation and adopting a Conceptual Development Plan with conditions, upon motion
received and filed and accepted withdrawal.
Martin McNamer/NCR Developers - Manson Road Rezoning: Proof of publication on notice of
hearing to consider reclassifying property located on Manson Road from AG Agricultural District to
R-2 Two-Family Residential District as requested by Martin McNamer/NCR Developers, LLC, and
Zoning Advisory Commission recommending approval, upon motion received and filed.
Ordinance No. 56-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located west of Manson Road from
AG Agricultural District to R-1 Single-Family Residential District, presented and read.
Applicant Marty McNamer, 1036 Bonnie Ct., spoke requesting the rezoning.
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 consideration and
passage of the Ordinance. Seconded by Connors. Motion carried 7-0.
Joseph Walbrun - 4855 Old Highway Road Rezoning: Proof of publication on notice of hearing to
consider reclassifying property located at 4855 Old Highway Road from R-3 Moderate Density
Multi-Family Residential District to C-3 General Commercial District as requested by Joseph
Walbrun and Zoning Advisory Commission recommending denial and an Ordinance Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located at 4855 Old Highway Road from R-3 Moderate Density
Multi-Family Residential District to C-3 General Commercial District, presented and read.
4
Joseph Walbrun spoke in favor of the requested rezoning and submitted letters from two
adjoining property owners who would be in favor of their property also being rezoned.
Buol moved to receive and file and return this item to Zoning Advisory Commission. Seconded
by Nicholson. Motion carried 6-0 with Duggan voting Nay.
Leo J. Sullivan - 4000 Block of Peru Road Rezoning: Proof of publication on notice of hearing to
consider reclassifying property located in the 4000 block of Peru Road from R-1 Single-Family
Residential District to R-2 Two-Family Residential Zoning District as requested by Leo J. Sullivan
and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located in the 4000 Block of Peru Road from R-1 Single-Family Residential
District to R-2 Two-Family Residential District, presented and read. Buol moved to receive and file
and concur with the denial. Seconded by Nicholson. Motion carried 6-0 with Duggan abstaining
due to possible conflict of interest.
River Valley Nursery - 2813 Jackson Street Rezoning: Proof of publication on notice of hearing to
consider reclassifying property located at 2813 Jackson Street from C-1 Neighborhood
Commercial District to C-2 Neighborhood Shopping Center District as requested by Wayne
Klostermann/River Valley Nursery and Landscaping, Inc., and Zoning Advisory Commission
recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2813 Jackson
Street from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District,
presented and read.
Wayne Klosterman, 2636 Queen St., spoke in support of the rezoning.
Jeff Jackson, 2849 White St., spoke in opposition to the rezoning as the proposed usage was much
more intense than the previous business.
Rodney Coyle, 2815 Jackson, spoke objecting as a landscaping business would be dangerous for
children in the area.
Cline moved to receive and file the documents and refer back to the Zoning Advisory Commission.
Seconded by Nicholson. Motion carried 6-0 with Duggan voting Nay.
Joseph Bitter/Roger Kunde - 55 West 32nd Street Rezoning: Proof of publication on notice of
hearing to consider reclassifying property located at 55 West 32nd Street from R-1 Single-Family
Residential District to HI Heavy Industrial District as requested by Joseph Bitter/Roger Kunde,
North End Auto Wrecking, Inc., and Zoning Advisory Commission recommending approval, upon
motion received and filed.
Attorney Joseph Bitter, Roger Kunde and Steve Simon all spoke clarifying the requested
rezoning.
Ordinance No. 57-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at 55 West 32nd Street from
R-1 Single-Family Residential District to HI Heavy Industrial District, 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 consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
Miller-Riverview Park Electrical Service Project, Phase II: Proofs of publication on notice of
hearing to consider adoption of the plans and specifications and notice to bidders for the Miller-
Riverview Park Electrical Service Project - Phase II and City Manager recommending award of the
contract to Biechler Electric in the amount of $50,528.50, upon motion received and filed. Markham
moved adoption of Resolution No. 489-05 Adopting plans and specifications; Resolution No. 490-
5
05 Awarding contract and Resolution No. 491-05 Approving construction contract with Biechler
Electric. Seconded by Connors. Motion carried 6-0 with Nicholson out of the room.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Espresso Drive Thru (Tabled on October 3,2005): Upon motion the following was removed from
the table:
Communication from Loretta Thompson, Moo Java Inc., requesting to address the Council
regarding a proposed espresso drive-thru behind Dubuque Discount Gas by Wal-Mart; City
Manager providing additional information regarding the espresso drive-thru and recommending
that a traffic study be required; September 23, 2005 letter from the Engineering Department to
Loretta Thompson, Moo Java Inc., requesting additional information regarding the proposed drive-
thru.
Loretta Thompson, 6335 Chucks Court, Peosta, IA spoke regarding the proposed espresso drive-
through and requested that she not be required to complete a traffic study as directed by the City.
Jerry Anderson of Anderson Design, spoke responding to some of the concerns of the City.
Cline moved that the communications be received and filed and approved request. Seconded by
Markham. Motion carried 7-0.
Arts and Culture Grant Program for Special Projects: Arts and Cultural Affairs Advisory
Commission recommending approval the following grant awards for the FY 2006 Arts and Culture
Grant Program for Loras College (Multi-Cultural Performing Arts Series); Dubuque Arts Council
(Dubuque Winter Jazz and Blues Festival); Bell Tower Productions (Honk! Junior); Dubuque
Museum of Art (Arts Trek Enhancement Program); and Dubuque Arboretum (Japanese Garden
Gate), upon motion received and filed and approved grant awards.
Historic Preservation Commission: Historic Preservation Commission requesting that the City
Council submit a letter to the School Board recommending parking options for the new downtown
school and further recommending that the City Council seek input from the Housing Commission
regarding the potential impact of these parking options on affordable housing, and then share the
Housing Commission's report with the School Board, upon motion received and filed.
Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Manager recommending
acceptance and approval of Acknowledgement/Settlement Agreement for Clark Retail, Inc. and the
assessment of a $300 penalty for a tobacco compliance violation and further recommending that a
tobacco compliance hearing be held regarding the second tobacco compliance violation by A.W.N.
Stop Mart and if the violation is sustained the attached order assessing the 2nd violation civil
penalty of $1,500 on or before November 17, 2005 or suspending their tobacco license for thirty
(30) days beginning November 17, 2005, upon motion received and filed and approved
Acknowledgement and held the hearing and assessed the fine.
No one was present to speak or object to the issue and penalty.
Residential Parking Permit District Ordinance Amendment: City Manager recommending approval
of an amendment to the Residential Parking Permit District Ordinance to provide special parking
permits to employees of businesses providing in-home health care and hospice services to
residents living in a residential parking permit district, upon motion received and filed. Ordinance
No. 58-05 Amending City of Dubuque Code of Ordinances, Chapter 32, Article VIII, Division 7
Residential Parking Permit Program by adding a new Section 389-5 providing for a special parking
6
permit for home health care providers, 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 Connors. Motion
carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Notice of Violation: City Manager recommending approval for the City to issue a Notice of
Violation in lieu of filing a criminal complaint for a municipal infraction, upon motion received and
filed. Ordinance No. 59-05 Amending City of Dubuque Code of Ordinances, Chapter 1, Article II
Civil Penalty, by adding a new Section 1-18 Allowing the City to issue a notice of violation for
municipal infractions, 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 consideration and passage of the Ordinance. Seconded by Nicholson. Motion
carried 7-0.
Roosevelt Street Extension Parking: City Manager recommending the addition of two-hour
parking to the south side of Roosevelt Street Extension from Kerper Boulevard to a point 375 feet
east of Kerper Boulevard as requested by Jon Romaine, Area Residential Care, upon motion
received and filed. Ordinance No. 60-05 Amending Section 32-362(c) of the Code of Ordinances
of the City of Dubuque, Iowa, providing for two-hour parking by adding certain portions of
Roosevelt Street Extension, 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 consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Cline requested that City staff look at our Ordinances with regards to sex offenders.
PUBLIC INPUT
Sister Patricia Conlon of Ecumenical Towers spoke of the dangerous pedestrian intersection at
6th and Locust and requested a push-button light or at least a crosswalk for the safety of the elderly
residents and others.
There being no further business, upon motion meeting adjourned at 9:00 P.M.
9~r
Jeanne F. Schneider, CMC
City Clerk
1t 10/26
7