1 17 06 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 17, 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 Sister Catherine Dunn, BVM, President of Clarke College
Proclamations: Dubuque Jaycees Week (January 28 - February 3, 2006) received by Ben
Graham, President of the Dubuque Jaycees; and Year of the Shot Tower (2006) received by
Students from Central Alternative School, Chamber President Steward Sandstrom, Historic
Preservation Commission Chair Dave Stuart and Laura Carstens, Planning Services Manager.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 10/24; Cable TV Regulatory Commission of
12/6; City Council of 1/3; Community Development Advisory Commission of 12/21; Historic
Preservation Commission of 12/15; Housing Commission of 11/22; Long Range Planning Advisory
Commission of 12/21; Plumbing Board of 12/21; Zoning Advisory Commission of 1/4; Zoning Board
of Adjustment of 12/22, upon motion received and filed.
Proof of publication of City Council Proceedings of 12/17 and 12/19, upon motion received and
filed.
Printed City Council Proceedings for month of September, 2005, upon motion received and filed
and approved as printed.
Notice of Claims/Suits: Juanita Kay Caley for vehicle damage; Mary V. Kearney for personal injury;
Adam Lopez for vehicle damage; Jesse Rans for vehicle damage; Anthony Trice for vehicle damage,
upon motion received and filed and referred to Legal for investigation/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: Anthony Trice for vehicle
damage, upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Adam Lopez for vehicle damage, upon
motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Juanita Kay Caley for vehicle
damage and the claim of the Sisters of the Presentation for property damage and directing the
Finance Department to issue payment, upon motion received and filed and concurred and Finance
Department to issue payment.
Service Agreement with Total Administrative Services Corporation: City Manager recommending
approval of a Service Agreement with Total Administrative Services Corporation (TASC) for a claim
(debit) card option for employees enrolled in the Flexible Spending Plan, upon motion received and
filed and approved recommendation.
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Citizen Communication: Communication from Sister Margaret Ann Willging regarding use of the
former meat packing plant and H & W Building, upon motion received and filed.
Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year 2005
Comprehensive Financial Report (CAFR), Parking Facilities Financial Statements, Management
Letter and City Responses to the Management Letter, upon motion received and filed.
Community Economic Betterment Account (CEBA) Loan: City Manager recommending approval of
a Community Economic Betterment Account (CEBA) Loan Agreement by and among the Iowa
Department of Economic Development, the City of Dubuque, and Prudential Retirement Insurance
and Annuity Company, upon motion received and filed. Cline moved adoption of Resolution No. 11-
06 Authorizing the execution of a Community Economic Betterment Account Loan Agreement for
Two Hundred Seven Thousand Dollars ($207,000) with Prudential Retirement Insurance and Annuity
Company and a City Economic Development Loan of Sixty-Two Thousand Dollars ($62,000).
Seconded by Michalski. Motion carried 7-0.
Municipal Services Center Construction Project: City Manager recommending acceptance of the
Municipal Services Center Construction Project as completed by Portzen Construction in the final
contract amount of $11,723,606.15, upon motion received and filed. Cline moved adoption of
Resolution No. 12-06 Accepting the Municipal Services Center Project and Resolution No. 13-06
Approving final estimate for the construction contract for the Municipal Services Center Project
2005 Government Performance and Results Act (GPRA) Annual Products Report: City Manager
transmitting the 2005 Government Performance and Results Act (GPRA) Annual Products Report
which has been submitted to the National Parks Service, upon motion received and filed.
Historic Old Main District: City Manager response to Cynthia Nelms-Byrne and Robert Byrne
regarding the Historic Old Main Street District and Communication from Cynthia Nelms-Byrne and
Robert Byrne regarding various issues in the Lower Main Street area, upon motion received and filed
and referred to the City Manager.
Highway 20 Corridor Preservation Zone: City Manager advising that the Iowa Department of
Transportation intends to renew the corridor preservation zone along U.S. 20 from the Peosta
interchange easterly to near the intersection with the Northwest Arterial, upon motion received and
filed.
National Community Development Association - Audrey Nelson Award: City Manager advising that
the National Community Development Association has announced that the HEART Partnership is the
recipient of the 2006 Audrey Nelson Community Development Achievement Award, upon motion
received and filed.
2005 Asphalt Paving Project: City Manager recommending that Resolution No. 5-06, approving the
final estimate for the 2005 Asphalt Paving Project, be rescinded and approval of a new final estimate
for the project, upon motion received and filed. Cline moved adoption of Resolution No. 14-06
Rescinding Resolution No. 5-06 Setting the final estimate for the 2005 Asphalt Paving Project (Fiscal
Year 2006) and Resolution No. 15-06 Approving final estimate. Seconded by Michalski. Motion
carried 7-0.
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Residential Parking Permit District Petition: City Manager recommending that a request for a
Residential Parking Permit District in the Lincoln School area be postponed to the spring of 2006,
upon motion received and filed and approved recommendation.
Kunde Place No.2 - Final Plat: Zoning Advisory Commission recommending approval of the final
plat of Lots 1 through 3, inclusive, of Kunde Place NO.2 located on Old Highway Road West, upon
motion received and filed. Cline moved adoption of Resolution No. 16-06 Approving final plat of Lots
1 through 3, inclusive, of Kunde Place NO.2 in Dubuque County, Iowa. Seconded by Michalski.
Motion carried 7-0.
NPDES Permit: City Manager providing a response to Iowa Department of Natural Resources
Environmental Specialist Mike Wade regarding problems with the Key Way sanitary sewer, upon
motion received and filed.
Business License Refund: Request of Carol A. Meyers, A & B Tap, Inc., for a refund of the beer
and liquor license in the amount of $422.50, upon motion received and filed and approved refund.
Business Licenses: Cline moved adoption of Resolution No. 17-06 Granting the issuance of a
Class "B" Beer (5 Day Special Event) Permit to Catfish Festival; and Class "C" Beer Permit to EI
Paisano Grocery, Awn Stop Mart, Inc., Dubuque Discount Gas and Oky Doky #21 and Resolution
No. 18-06 Granting the issuance of a Class "C" Beer/Liquor License to The Lounge, Water Hole and
The Avenew Sports Bar; and Class "B" Native Wine Permit to Engraved Gift Collection. Seconded
by Michalski. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Dubuque County Historical Society: City Manager recommending that a public hearing be set for
February 6, 2006 to consider the proposed reuse/lease of the Adam's Company to the Dubuque
County Historical Society, upon motion received and filed. Michalski moved adoption of Resolution
No. 19-06 Of intent to dispose of an interest in real property by lease agreement with Dubuque
County Historical Society, and set for public hearing on 2/6/06 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.
Manasseh House Urban Revitalization Area Plan: City Manager recommending that a public
hearing be set for February 20, 2006 to consider establishment of the Manasseh House Urban
Revitalization Area Plan as requested by Michelle Mihalakis, upon motion received and filed.
Michalski moved adoption of Resolution No. 20-06 Finding that the designation of the Manasseh
House Urban Revitalization Plan is necessary in the interest of the public health, safety and welfare
of the residents of the City of Dubuque and providing for a public hearing thereon with public hearing
set for 2/20/06 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.
2006 Curb Ramp Installation - CDBG Project Phase II: City Manager recommending initiation of the
public bidding process for the 2006 Curb Ramp Installation - CDBG Project Phase II and that a
public hearing be set for February 20, 2006, upon motion received and filed. Michalski moved
adoption of Resolution No. 21-06 Preliminary approval of plans and specifications; Resolution No.
22-06 Setting date of hearing on plans and specifications for 2-20-06 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, and Resolution No. 23-05 Ordering bids
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Fiscal Year 2007 Annual Action Plan: City Manager recommending that a public hearing be set for
February 21, 2006 on the Fiscal Year 2007 Annual Action Plan, upon motion received and filed.
Michalski moved adoption of Resolution No. 24-06 Setting a public hearing on the Program Year
2006 (Fiscal Year 2007) Community Development Block Grant (CDBG) Annual Action Plan for
2/21/06 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Upon motion the following was removed from the table.
River Pointe Development, LLC - Request to Rezone (Tabled on January 3, 2006) (Public Hearing
Recessed at December 19, 2006 Meeting / First Reading on December 19, 2005): Communication
to the City from Stephen J. Juergens, representing River Pointe Development, LLC, providing
responses to various questions posed by City Council members and City staff; Request from Steward
Sandstrom, Dubuque Area Chamber of Commerce, to address the City Council regarding the River
Pointe Development, LLC request to rezone; and City Manager submitting questions of the Council
that were sent to Mr. Spiegel for response at the January 3, 2006 public hearing: 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, presented and read.
Communication from Corporation Counsel Barry A. Lindahl recommending that this matter be
referred back to the Zoning Advisory Commission in response to a written objection he had received
from Attorney Robert Murphy, representing Jeff Nagle, stating that the proposed plan was "radically
different" from the original plan and in light of the controversial nature of the proposed plan.
Attorney Steve Juergens, representing River Pointe Development, LLC, agreed to this action.
Connors moved that this be referred back to the Zoning Advisory Commission. Seconded by
Michalski. Motion carried 7-0.
Washington Court LLP - Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located at 1798 Washington Street from OR Office Residential District to OS Office
Service District as requested by John GronenlWashington LLP and Zoning Advisory Commission
recommending approval, upon motion received and filed. Ordinance No. 4-06 Amending Appendix A
(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located at 1798 Washington Street from OR Office Residential District to OS
Office Service District, 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 Michalski. Motion carried 7-0. Connors
moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-
O.
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Allan and Connie Rowell/City of Dubuque - Request to Rezone: Proof of publication on notice of
hearing to consider rezoning property located on Southern Avenue from POS Public Open Space
District to R-1 Single-Family Residential District as requested by Allan and Connie Rowell/City of
Dubuque and Zoning Advisory Commission recommending denial. upon motion received and filed.
Communication from Allan and Connie Rowell regarding the proposed rezoning and purchase of
the Southern Avenue property, upon motion received and filed.
Connie and Allan Rowell spoke requesting support of this rezoning so as to build their retirement
home in this area of town.
Jan Oswald, 1440 Parkway, spoke stating she owns the property at 837 Tressa and objected to
dividing this property to build a house.
Tina Flanagan, daughter of the Rowells, spoke stressing the layout of the property does not show
the park from where the house will be built and requested they be allowed to build.
Tom Welu, 2609 Broadway, requested the City preserve the green space.
Dave Pins, 405 Southern, said he bought nearby property from IDOT and was told the remaining
property would be green space.
Francine Banworth, 985 S. Grandview, spoke requesting it be kept as public space and not set the
precedent of selling public open space.
Council discussed the unanimous vote to sell by the Park and Recreation Commission and the split
vote of the Zoning Advisory Commission and other issues with this property.
Ordinance No. 5-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located on Southern Avenue from POS
Public Open Space District to R-1 Single Family Residential District, 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 Cline. Motion carried 7-0. Connors moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion carried 7-0.
City of Dubuque/Edward Brown - Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 468 East 1ih Street from HI Heavy Industrial District to MHI
Modified Heavy Industrial District as requested by the City of Dubuque/Edward Brown and Zoning
Advisory Commission recommending approval, upon motion received and filed. Ordinance No. 6-06
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 468 East 1ih Street from HI Heavy Industrial
District to MHI Modified Heavy Industrial District, 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 Jones.
Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded
by Braig. Motion carried 7-0.
Vacating Petition - United Parcel Service (UPS): Proof of publication on notice of hearing to
consider vacating and disposing of a portion of Kerper Boulevard in Block 5 of River Front
Subdivision NO.3 to United Parcel Service (UPS) and City Manager recommending approval, upon
motion received and filed. Cline moved adoption of Resolution No. 25-06 Approving plat of proposed
vacated portion of Kerper Boulevard in Block 5 of River Front Subdivision No.3; Resolution No. 26-
06 Vacating a portion of Kerper Boulevard in Block 5 of River Front Subdivision No.3; Resolution No.
27-06 Disposing of City interest in Lot 1 B, Block 5, River Front Subdivision No.3 in the City of
Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
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ACTION ITEMS
Citizen Request: Communication of Andrew J. Schlarmann requesting to address the Council
regarding the alley between the 2500 block of Elm and Washington Streets, upon motion received
and filed and referred to the City Manager.
Andrew Schlarman spoke requesting the City plow the alley as parking is limited to one side of Elm
Street due to Heritage Trail running down the middle of the block.
Dubuque Malting and Brewing Company Building: Communication from David L. Clemens,
representing 3-M Development, Ltd. - purchaser of the property located at 32"d and Jackson Streets,
requesting immediate release of the action taken by the City Council in establishment of the Brewery
Neighborhood Conservation District; Request of Michael W. McCoy, President - 3M Development,
to address the City Council regarding the Dubuque Malting and Brewing Company building; City
Manager submitting background information on Conservation Districts in the City of Dubuque, upon
motion received and filed. Mike McCoy, President of 3M Development, stated he and his partners
had a signed purchase agreement for the building prior to the Conservation District being adopted
and questioned how long the district would be in place. He stated they had money invested in the
property and had not been contacted regarding the previous action taken to preserve the buildings.
James Krueger, as owner of part of the building, spoke stating he would like to see this building
saved, especially the twin towers.
Jerry Enzler spoke clarifying the time frames and purchase actions and stated the Dubuque County
Historical Society is willing to assist in the building's preservation.
Community Needs Assessment for Children: City Manager recommending approval of the allocation
of $2,000 of existing Fiscal Year 2006 Health Services Department funds towards the Community
Youth Needs Assessment process, upon motion received and filed and approved recommendation.
Dubuque Star Brewery: City Manager recommending approval of the selection of the Port of
Dubuque Development, LLC, as developer for the Dubuque Star Brewery Project, and that a
development agreement be negotiated, upon motion received and filed. Cline moved adoption of
Resolution No. 28-06 Approving the selection of a developer for the Dubuque Star Brewery building
and site. Seconded by Connors. Motion carried 7-0.
Truck Parking on Flint Hill Drive and Cross Hill Drive: City Manager recommending that semi trailer
parking be restricted on both sides of Flint Hill Drive from Twin Valley Drive to its southerly terminus
and on Cross Hill Drive from Flint Hill Drive to Rockdale Road, upon motion received and filed.
Ordinance No 7-06 Amending Section 32-267.1 of the Code of Ordinances of the City of Dubuque,
Iowa, providing for parking restrictions for semi trailers on designated streets or portions thereof by
adding certain portions of Flint Hill Drive and Cross Hill Drive, 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
Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance.
Seconded by Jones. Motion carried 7-0.
Five Year Street Program (Fiscal Years 2007 - 2011): City Manager recommending approval of the
Annual Five Year Street Construction Program for Fiscal Years 2007 - 2011, upon motion received
and filed. Cline moved adoption of Resolution No. 29-06 Adopting the Five Year Street Construction
Program for Fiscal Years 2007 - 2011. Seconded by Braig. Motion carried 7-0.
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Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program: City Manager
submitting the Fiscal Year 2007 Operating Budget and Five Year Capital Improvement Program,
upon motion received and filed.
City Manager Van Milligen presented the highlights of the Fiscal Year 2007 Operating and Capital
Improvement Budget.
COUNCIL MEMBER REPORTS
Michalski shared that the Martin Luther King Jr. celebration was outstanding. Jones reported that
the Iowa Special Olympics was a great success.
PUBLIC INPUT
Tiberius Daniel Mocanu, 1075 Walnut, questioned whether the City Council had any say as to who
the tenants of the Brewery would be when it was redeveloped and requested that the young people
of Dubuque not be ignored as they needed a place to socialize.
Tim Trenkle, 1915 Stanton, commented that the community health center was a real necessity and
requested that mental health be considered as a component of the center.
At 8:48 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation, Property
Acquisition, and Personnel Issue - Chapter 21.5(1 )(c)O)(i) 2005 Code of Iowa.
At 9:02 Council reconvened Regular Session and stated that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 9:03 P.M.
~~44~Q~
eanne F. Schneider, CMC
City Clerk
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