Minutes City Council 11 21 05
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 21, 2005
Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Duggan, Council Members Braig, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the Council
Invocation was given by Dr. Dan Thornton, Interim Pastor, Third Presbyterian Church
Mayor Duggan swore in Second Ward Council Member Karla Braig
CONSENT ITEMS
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 10/4; City Council
of 11/7; Civil Service Commission of 9/19 and 10/19; Community Development Advisory
Commission of 10/12; Five Flags Commission of 10/17; Historic Preservation Commission of
10/20; Human Rights Commission of 10/5 and 10/24; Zoning Advisory Commission of 11/2; Zoning
Board of Adjustment of 10/27, upon motion received and filed.
Library Board of Trustees Update from meeting of October 27, 2005, upon motion received and
filed.
Proofs of publication of City Council Proceedings of October 17, 2005 and List of Claims and
Summary of Revenues for month ending August 31, 2005, upon motion received and filed.
Notice of Claims/Suits: Richard Brown for vehicle damage; Karen Egan for property damage;
Maquoketa Valley Electric Cooperative for property damage; Kasey McMahon for vehicle damage,
upon motion received and filed and referred to Legal for investigation and report.
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: Richard Brown for vehicle
damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Karen Egan for property damage
and the claim of Maquoketa Valley Electric Cooperative for property damage and directing the
Finance Department to issue payment, upon motion received and filed and concurred and Finance
Department to issue payment.
Corporation Counsel recommending that the claim of Kasey McMahon for vehicle damage be
referred to Tschiggfrie Excavating Company, upon motion received and filed and concurred.
Civil Service Commission: Civil Service Commission submitting the certified list for the positions
of Records Supervisor and GIS Coordinator/Analyst, upon motion received and filed and made a
matter of record.
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Friends of the Mines of Spain: Communication from the Friends of the Mines of Spain regarding
expansion of the E.B. Lyons Interpretive Center and connection to the City's water and sewer
service, upon motion received filed and referred to the City Manager.
Comiskey Park Tennis Court/Skate Park Project - Acceptance: City Manager recommending
acceptance of the Comiskey Park Tennis Court/Skate Park Project as completed by Drew Cook
and Sons in the amount of $88,010.00, upon motion received and filed. Connors moved adoption
of Resolution No. 506-05 Accepting improvement and Resolution No. 507-05 Approving final
estimate of $88,010.00. Seconded by Markham. Motion carried 7-0.
Administrative Services Fee Renewal for Flexible Spending Plan: City Manager recommending
approval of the Administrative Services Fee presented by Total Administrative Services
Corporation for the City's flexible spending plan, upon motion received and filed and approved
recommendation.
Renewal Rate for Voluntary Dental Plan: City Manager recommending approval of the renewal
rates for the City's voluntary dental plan, upon motion received and filed and approved
recommendation.
Administrative Services Fee - Workers' Compensation: City Manager recommending approval of
the renewal rates from Alternative Service Concepts (ASC) for the City's workers' compensation
claim handling, upon motion received and filed and approved recommendation.
Hartig Drug Company: Communication from Keith Bibelhausen, President of Hartig Drug
Company, requesting to lease a portion of the City-owned alley behind the Hartig Drug Store
located at 157 Locust Street, upon motion received and filed and referred to the City Manager.
River Pointe Condo Project: Communication from Jim and Connie Nadermann in support of the
River Pointe Development Condo project proposed by A.J. Spiegel, upon motion received and
filed.
Substance Abuse Services Agency: Communication from Diane K. Thomas, Executive Director
of Substance Abuse Services Agency, requesting Fiscal Year 2006 financial support, upon motion
received and filed and referred to the City Manager.
Dubuque Community School District: City Manager recommending approval of a 28E Agreement
with the Dubuque Community School District for operation of the Neighborhood Resource Center
in the new Prescott Elementary School, upon motion received and filed and approved
recommendation.
Glen Oak Street - Acceptance of Warranty Deeds: City Manager recommending acceptance of
warranty deeds for right-of-way purchases on the northerly portion of Glen Oak Street which are
necessary for road improvements, upon motion received and filed. Connors moved adoption of
Resolution No. 508-05 Accepting a conveyance of Lot C of Rosedale Addition No. 2 and the
northeasterly 16 feet of Lot 2 of Rosedale Addition NO.2 on Glen Oak Street in the City of
Dubuque, Resolution No. 509-05 Accepting a conveyance of Lot A of Rosedale Addition NO.2 on
Glen Oak Street in the City of Dubuque, and Resolution No. 510-05 Accepting a conveyance of Lot
B of Rosedale Addition NO.2 on Glen Oak Street in the City of Dubuque. Seconded by Markham.
Motion carried 7-0.
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US 20 Fiber Optics Interconnect Project: City Manager recommending approval of an Iowa Clean
Air Attainment Program (ICAAP) Agreement with Howard R. Green Company for the US 20 Fiber
Optics Interconnect Project, upon motion received and filed and approved recommendation.
28E Mutual Aid Fire Protection Agreement: City Manager recommending approval of a 28E
Mutual Aid Agreement for fire protection in and surrounding Dubuque County, upon motion
received and filed. Connors moved adoption of Resolution No. 511-05 Approving 28E Agreement.
Seconded by Markham. Motion carried 7-0.
Municipal Fire and Emergency Services Response and Deployment Study: City Manager
recommending approval to issue a Request for Proposals for a Municipal Fire and Emergency
Services Response and Deployment Study, upon motion received and filed and approved
recommendation.
Homeownership Assistance - Washington Neighborhood: City Manager recommending approval
to issue a Request for Proposals for a Municipal Fire and Emergency Services Response and
Deployment Study, upon motion received and filed and approved recommendation.
Certificate of Appreciation: Certificate of Appreciation from the Centers for Medicare and
Medicaid Services for the City sponsoring and coordinating community Medicare educational
events, upon motion received and filed.
Ruby Sutton Humanitarian Award: Human Rights Director Kelly Larson has received the Ruby
Sutton Humanitarian Award from the Dubuque Chapter of the NAACP, upon motion received and
filed.
Federal Reserve Bank of Philadelphia Conference: City Manager advising that he has accepted
an invitation to speak at the Federal Reserve Bank of Philadelphia Conference, "Reinventing
America's Older Communities," upon motion received and filed.
Economic Development Administration Contract - Amendment #3: City Manager recommending
approval of Amendment #3 to the Economic Development Administration Contract extending the
end date to June 25, 2006, upon motion received and filed. Connors moved adoption of
Resolution No. 512-05 Authorizing the execution of Project Amendment #3 to contract with the
Economic Development Administration. Seconded by Markham. Motion carried 7-0.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Miller-Riverview Park
Electrical Service, Phase II Project and Great River Road Interpretive Signage Project, upon
motion received and filed.
Business Licenses: Connors moved adoption of Resolution No. 513-05 Granting the issuance of
a new permit to sell cigarettes and cigarette papers to Plaza 20 Amoco; Resolution No. 514-05
Granting the issuance of a Class "C" Beer Permit to Big 1 0 Mart and Plaza 20 Amoco; and
Resolution No. 515-05 Granting the issuance of a Class "C" Beer/Liquor License to Aragon Tap,
Jumpers Sports Bar, Instant Replay, Mario's Italian Restaurant and Pepper Sprout. Seconded by
Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
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Appointments to the following Commission: Human Rights Commission (One unexpired term
through January 1, 2008 - term of Oswald) Applicants: Anthony Allen, David Loney
Upon vote David Loney appointed to the Human Rights Commission for a term through January 1,
2008.
Long Range Planning Advisory Commission (Two unexpired terms through July 1, 2008 - terms
of Portzen and Rusk) Applicants: Shannon Lundgren and Lou Oswald
Upon motion Shannon Lundgren and Lou Oswald were appointed to unexpired terms through July
1, 2008.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
243 Valley Street - Rezoning Request: Proof of publication notice of hearing to consider
amending the Zoning Ordinance of the City of Dubuque by reclassifying property located at 243
Valley Street from R-1 Single-Family Residential District to R-2 Two-Family Residential District as
requested by Greg and Nancy Adams and Zoning Advisory Commission recommending approval;
communication from staff advising that a super majority vote of the City Council is necessary for
approval of the rezoning request due to the percentage of opposition by adjacent property owners;
and communication from Igor and Ulyana Kogoutiouk in opposition to the proposed rezoning, upon
motion received and filed, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 243
Valley Street from R-1 Single-Family Residential District to R-2 Two-Family Residential District,
with conditions, presented and read.
Greg Adams, 15709 Sandwedge Drive, spoke in favor of the rezoning request stating that he
planned to redivide the existing lots and to construct four single-family homes or two townhouses.
Pete Langlois, 263 Valley Street; Michael McCarron, 210 Valley Street; Marla Fedderson, 205
Valley Street; Lou Oswald, 1080 Nowata Street; and Mike Willis, 205 Valley Street (letter read by
Council Member Michalski) spoke in opposition to the proposed rezoning citing increased traffic
and additional water run-off in the area.
Connors 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 failed 5-2 with the following vote: Ayes - Markham,
Michalski, Braig, Connors, Duggan; Nays - Nicholson, Cline.
Mayor Duggan turned the meeting over to Mayor Pro-Tem Connors due to possible conflict of
interest.
Arc Design Resources, Inc. / QHQ Properties: Proof of publication on notice of hearing to consider
amending the Zoning Ordinance of the City of Dubuque by reclassifying property located at 4310
Asbury Road from C-3 General Commercial District to PUD Planned Unit Development District with
a PC Planned Commercial District designation as requested by Arc Design Resources, Inc. / QHQ
Properties and Zoning Advisory Commission recommending approval, with conditions, upon
motion received and filed.
City Manager submitting information regarding the traffic impact study of the proposed Sam's
Club and requesting approval to require an additional eastbound lane, landscape islands and to
leave the entry roads as private streets as part of the Arc Design Resources, Inc. / QHQ Properties
rezoning, upon motion received and filed.
Joe Altenhoff, Arc Design Resources, Inc., representing Sam's Club, spoke in favor of the
proposed rezoning and explained that Sam's Club would contribute to the cost of constructing the
entry roads but requested that the roads be designated public streets.
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Tim Quaqliano, QHQ Properties, spoke in favor of the proposed rezoning and stated that he
would accept the conditions that were placed upon the rezoning.
Virgil Blocker, Resurrection Church, spoke in favor of the proposed project.
Gene Tully, 448 Summit, and Jerry Enzler, 1921 Simpson, stated they were not opposed to the
project but that sidewalks, turn lanes and bicycle lanes need to be considered.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 4310 Asbury Road from C-3
General Commercial District to PUD Planned Unit Development District with a PC Planned
Commercial District designation, presented and read. Markham moved to require that the entry
road be a private street with marking and signage, that the City construct the eastbound lane at the
expense of the developer and that this be considered the first reading of the Ordinance. Seconded
by Nicholson. Motion carried 6-0.
Mayor Duggan returned and took control of the meeting.
Code of Ordinances - Text Amendment: Proof of publication on notice of hearing to consider
amending Section 42-24 of the City of Dubuque Subdivision Regulations concerning the bonding
of public improvements within new subdivision as requested by the City of Dubuque and the
Zoning Advisory Commission recommending approval, upon motion received and filed.
Ordinance No. 62-05 Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque
Code of Ordinances by repealing Section 42-24(a) Improvement Guarantees an adopting a new
Section 42-24(a) Improvement Guarantees in lieu thereof pertaining to requiring the owner of a
subdivision to provide performance and maintenance guarantees for public improvements,
presented and read. Connors 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. Michalski moved
final passage and adoption of the Ordinance. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Mayor Duggan turned control of the meeting to Mayor Pro- T em Connors due to possible conflict
of interest.
Cedar Lake Plaza Site Plan Review: Zoning Advisory Commission recommending approval of the
site plan for the Vision Health Center to be located in Cedar Lake Plaza as requested by Durrant
Group, Inc. / Pat Norton, upon motion received and filed and approved.
Mayor Duggan returned and took control of the meeting.
Former Dubuque Brewing and Malting Company Property: Communication from John Gronen,
Gronen Properties, requesting that the City establish a Conservation District at the former
Dubuque Brewing and Malting Company property located at 30th and Jackson Streets, City
Manager providing information regarding the request of John Gronen to establish a Conservation
District for the former Dubuque Brewing and Malting Company property; communication of the
Historic Preservation Commission requesting adoption of an Ordinance establishing the Brewery
Neighborhood Conservation District, and City Manager submitting information regarding a portion
of the property which Dubuque Stamp has a purchase agreement for, upon motion received and
filed.
John Gronen, 1766 Plymouth Court, spoke in support of the Conservation District stating that this
is one of the community's most significant buildings and that there were a group of local investors
who wanted the opportunity to look at the property for redevelopment.
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Jack Felderman, Continental Realty, stated that he is the real estate agent handling this property
and that there is a signed purchase agreement. The potential buyer intends to demolish the
building and to salvage the bricks.
Peter Arling, representing Dubuque Storage and Transfer (current owners of the property) spoke
in opposition to the establishment of the Conservation District stating that it would impair the value
of the property and constituted a "taking."
Ordinance No. 63-05 Amending Chapter 11 (Building Regulations) of the City of Dubuque Code
of Ordinances by amending Section 11-3 Permit Issuance Prohibited and amending Section 11-
4(a) by establishing the Brewery Neighborhood Conservation District, presented and read. Cline
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 and that
the property to be purchased by Dubuque Stamp be excluded from the Conservation District.
Seconded by Braig. Motion carried 6-1, with Duggan voting Nay. Michalski moved final passage
and adoption of the Ordinance. Seconded by Cline. Motion carried 6-1, with Duggan voting Nay.
Eagle Point Bluff Stabilization Study: City Manager submitting the results of the Eagle Point Bluff
Stabilization Study and requesting that a work session be scheduled, upon motion received and
filed. Michalski moved that the work session be scheduled for January 12, 2006 at 5:00 p.m. in the
Library Auditorium. Seconded by Connors. Motion carried 5-1, with Markham abstaining and
Duggan voting Nay.
HOME Program Funds - Michelle Mihalakis: City Manager recommending that the City support
the application of Michelle Mihalakis to the Iowa Department of Economic Development for HOME
Program funds for construction of a nineteen room SRO facility for single women at 2080 Elm
Street, upon motion received and filed. Cline moved adoption of Resolution No. 516-05 Supporting
an application from Michelle Mihalakis to the Iowa Department of Economic Development for
HOME Investment Partnership (HOME) Program funds. Seconded by Nicholson. Motion carried
6-1, with Michalski temporarily out of the room.
HOME Program Funds - Scott Potter: City Manager recommending that the City support the
application of Scott Potter to the Iowa Department of Economic Development for HOME Program
funds for construction of a twelve room SRO facility for low/moderate income men at 601 Garfield
Avenue, upon motion received and filed. Nicholson moved adoption of Resolution No. 517-05
Supporting an application from Scott Potter to the Iowa Department of Economic Development for
. HOME Investment Partnership (HOME) Program funds. Seconded by Cline. Motion carried 7-0.
Arboretum Drive Entrance: City Manager recommending that sidewalk installation be required on
both sides of Arboretum Drive and that all impacted property owners be notified that the installation
is required by June 1, 2006 and communication from Jack Frick, Dubuque Arboretum and
Botanical Gardens, regarding the sidewalk on the west side of Arboretum Drive, upon motion
received and filed and approved recommendation.
Port of Dubuque / Pyatigorsk Park Artwork: City Manager recommending approval of the
proposed Port of Dubuque Avenue of Art Program for the creation of public art at the Port of
Dubuque and Pyatigorsk Park, upon motion received and filed and approved recommendation.
Fiscal Year 2007 Policy Guidelines: City Manager recommending approval of the Fiscal Year
2007 Policy Guidelines, upon motion received and filed and approved.
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Ribbon Cutting: City Manager requesting that the ribbon cutting ceremony for the Dubuque
Industrial Center West, Bergfeld Recreation Area, and Chavenelle Road Expansion, originally
scheduled for noon on December 1, 2005 be rescheduled to Monday, December 5, 2005 at noon,
upon motion received and filed. Cline moved that the ribbon cutting ceremony be rescheduled to
1 :00 p.m. on December 1, 2005. Seconded by Michalski. Motion carried 6-1, with Braig voting
Nay.
At 9:24 P.M. upon motion Council went into Closed Session regarding Property Acquisition -
Chapter 21.5(1) G) 2005 Code of Iowa.
At 9:36 P.M. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:37 P.M.
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Jeanne F. Schneider, CMC
City Clerk
1t 12/2
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