1 3 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 3, 2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager
Van Milligen, Corporation Counsel Lindahl
Mayor Buol 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 Reverend Jeffrey Bullock, President, University of Dubuque
SWEARING IN: Mayor Roy D. Buol was sworn in as Mayor by City Clerk Jeanne F. Schneider;
City Council Member At-Large Ric Jones was sworn in by Mayor Roy D. Buol; City Council Member First
Ward Kevin Lynch was sworn in by Mayor Roy D. Buol; and City Council Member Third Ward Joyce
Connors was sworn in by Mayor Roy D. Buol. Council Member Ann Michalski was sworn in as Mayor
Pro-Tem by Mayor Roy D. Buol.
Proclamation: Martin Luther King, Jr. Days (January 16 and 17, 2005) received by Human Rights
Director Kelly Larson.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 12/17 and 12/19; Civil Service Commission of 12/19;
Library Board of 11/17; Transit Board of 11/10 and 12/15, upon motion received and filed.
Proof of publication of City Council Proceedings of November 21, 2005, upon motion received and
filed.
Library Board of Trustees Update from November 17, 2005 meeting, upon motion received and filed.
Notice of Claims/Suits: St. Vincent DePaul for vehicle damage; Wells Fargo Bank Minnesota vs City of
Dubuque, et ai, upon motion received and filed and referred to Legal for investigation/report.
Corporation Counsel recommending denial of the claim of Kenneth and Shirley Shannon for property
damage, upon motion received and filed and concurred.
Corporation Counsel recommending approval of the claim of St. Vincent DePaul for vehicle damage
and directing the Finance Department to issue payment, upon motion received and filed and concurred
and Finance Department to issue payment.
Dubuque Metropolitan Area Solid Waste Agency: Communication from the Dubuque Metropolitan Area
Solid Waste Agency submitting the Agency's Fiscal Year 2007 budget and fee schedule, upon motion
received and filed.
Iowa Department of Natural Resources: Mike Wade, Environmental Specialist, submitting the report of
the recent inspection of the City of Dubuque's wastewater collection system, upon motion received and
filed and referred to the City Manager.
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Civil Service Commission: Civil Service Commission submitting the certified list for the position of
Mechanic, upon motion received and filed and made a matter of record.
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.
Acceptance of Public Improvements - North Dubuque Addition: City Manager recommending
acceptance of the public improvements that the developer, Ridgeway, LLC, has completed in North
Dubuque Addition (Excelsior Street), upon motion received and filed. Cline moved adoption of
Resolution No. 1-06 Accepting improvements in North Dubuque Addition. Seconded by Braig. Motion
carried 7-0.
409 Birch Street Update (Tabled on December 5, 2005): City Manager submitting an update on the
property located at 409 Burch Street and recommending that this item be re-tabled to February 6, 2006,
upon motion received and filed and tabled to the Council Meeting of 2/6/06.
Miller-Riverview Park Electrical Service, Phase II: City Manager recommending acceptance of the
Miller-Riverview Park Electrical Service, Phase II Project as completed by Biechler Electric in the final
contract amount of $50,528.50, upon motion received and filed. Cline moved adoption of Resolution No.
2-06 Accepting improvement and Resolution No. 3-06 Approving final estimate. Seconded by Braig.
Motion carried 7-0.
2005 Asphalt Paving Project: City Manager recommending acceptance of the 2005 Asphalt Paving
Project as completed by River City Paving in the final contract amount of $936,460.16, upon motion
received and filed. Cline moved adoption of Resolution No. 4-06 Accepting improvement and Resolution
No. 5-06 Approving final estimate. Seconded by Braig. Motion carried 7-0.
Washington Neighborhood Park Project: City Manager recommending approval of a publication of
combined notice of finding of no significant impact on the environment and notice of intent to request
release of funds for the Washington Neighborhood Park Project, upon motion received and filed. Cline
moved adoption of Resolution No. 6-06 Authorizing publication of combined notice of finding of no
significant impact on the environment and notice of intent to request release of funds for the Washington
Neighborhood Park Project. Seconded by Braig. Motion carried 7-0.
West 32nd Street Detention Basin Design: City Manager recommending approval of an amendment to
the contract with MSA Professional Services in an estimated amount of $15,500 to include the design of
ditch improvements upstream of the West 32nd Street Detention Basin to reduce the sediment load on
the West 32nd Street Detention Basin, upon motion received and filed and approved recommendation.
Hartig Drug Company: Communication from James A. and Victor J. Helling, Artistic Cleaners, Inc.,
advising that they are not opposed to Hartig Drug Company's proposed request to lease a portion of the
City-owned alley behind 157 Locust Street to make the alley "one-way," upon motion received and filed.
National Association of Schools of Public Affairs and Administration Evaluator: City Manager request to
participate as a National Association of Schools of Public Affairs and Administration Evaluator, upon
motion received and filed and approved.
Business Licenses: Cline moved adoption of Resolution No. 7-06 Granting the issuance of a Class "B"
Beer Permit to UAW Local #94 and Resolution No. 8-06 Granting the issuance of Class "C" Beer/Liquor
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License to Breezers Pub and Las Margaritas; and Class "B" Wine License to Dubuque Religious Center.
Seconded by Braig. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
Vacating Petition - Block 5 of River Front Subdivision No.3: City Manager recommending that a public
hearing be set for January 17, 2006 to consider a request from Eric L. Lucas, representing United Parcel
Service, to vacate a portion of Kerper Boulevard that abuts the existing UPS facility at 2550 Kerper
Boulevard, upon motion received and filed. Michalski moved adoption of Resolution No. 9-06 Of intent to
vacate and dispose of City interest in Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of
Dubuque, Dubuque County, Iowa and set for public hearing on 1/17/06 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 Cline. Motion carried 7-0.
PUBLIC HEARING
Upon motion the rules were suspended to allow anyone present to address the Council.
River Pointe Development, LLC - Request to Rezone (Public Hearing Recessed at December 19,
2005 Meeting / First Reading on December 19, 2005); Communication from George Murphy, Project
Manager for River Pointe Development, LLC, requesting that the second reading for the River Pointe
PUD be tabled to the City Council meeting of Tuesday, January 17, 2006 and City Manager submitting
questions of the Council that were sent to Mr. Spiegel for response at the January 3, 2006 public
hearing, and Letter to A.J. Spiegel; Questions from Mayor Buol; Questions from Council Member
Michalski; Questions from Council Member Braig; Questions from Council Member Cline; Questions
from Council Member Connors; Questions from former Council Member Nicholson; Questions from
former Council Member Markham; Questions from City staff; Communication from Sister Margaret Ann
Willging, OSF, regarding the River Pointe Development, LLC project; 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 tabled to
1/17/06.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Establishment of Fair Market Value: Communication from Attorney Allan J. Carew, representing Mr.
and Mrs. John Gartner, requesting that the City Council terminate its efforts to force the Gartner's to
permit the lift station on and across their property in the County and communication from Corporation
Counsel Barry A. Lindahl in response to Attorney Allen J. Carew's letter and City Manager
recommending approval of establishment of the fair market value for an easement for a sanitary sewer
lift station on the John and Pamela Gartner property, upon motion received and filed.
Attorney Allen Carew, representing the Gartner's, questioned why the City Council was reconsidering
the action previously taken and stated that the taking of this property located in the County was to
benefit a subdivision within the City. He requested Council to reject the proposal.
Council Member Michalski clarified the action previously taken by the City Council and Corporation
Counsel Lindahl clarified that the purpose of the requested action was to authorize the City Manager to
negotiate for the voluntary purchase of the property.
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Michalski moved adoption of Resolution No. 10-06 Establishing fair market value for the acquisition of
an easement for a sanitary sewer lift station on real property owned by John P. and Pamela J. Gartner in
the County of Dubuque, Iowa for servicing Arbor Estates and surrounding areas. Seconded by Cline.
Motion carried 7-0.
Dell Street - Request for Parking Removal: City Manager recommending approval of the removal of
parking on the east side of Dell Street across from the angle parking, as well as the already-restricted
portion adjacent to a retaining wall as requested by the Police Department, upon motion received and
filed.
Cline questioned whether all parking should be removed and this area be looked at more closely.
Ordinance No. 1-06 Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque,
Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of Dell Street,
presented and read. Michalski 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 6-1 with Cline voting Nay. Michalski moved
final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 6-1 with Cline
voting Nay.
Merz Street and Althauser Street - Request for Stop Signs: City Manager recommending approval of
the installation of stop signs on Merz Street at its intersection with Althauser Street, upon motion
received and filed. Ordinance No. 2-06 Amending the Code of Ordinances of the City of Dubuque, Iowa,
by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Merz
Street at Althauser Street, presented and read. Braig 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. Braig
moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0.
City Council Meeting Date: City Manager requesting that the regularly scheduled City Council meeting
of Monday, July 3, 2006 be changed to Wednesday, July 5, 2006, upon motion received and filed.
Ordinance No. 3-06 Providing that the first regular meeting of the City Council in July 2006 shall be July
5, 2006, presented and read. Michalski 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 Braig. Motion carried 7-0. Jones moved final
consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0.
PUBLIC INPUT
Jim Gantz, 12241 Forest Meadow, spoke requesting Council look closely at proposals for Forest
Grange Subdivision as they are very damaging to the area.
There being no further business, upon motion meeting adjourned at 7:03 P.M.
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/;~d4~/~~~m
~;~~~. F. Schneider, CMC
City Clerk
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