3 20 06 minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 20, 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, City Attorney 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 John Hulsizer, Pastor, Church of the Nazarene
Proclamation: “Gannon Center Appreciation” received by Mary Lou Baal and Barb Potts.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/24; City
Conference Board of 3/1/05, 2/13 and 2/17; City Council of 3/2 and 3/6; Civil Service Commission
of 1/26, 3/2 and 3/10; Historic Preservation Commission of 2/23; Human Rights Commission of
2/13; Library Board of Trustees of 1/26; Long Range Planning Advisory Commission of 2/15;
Zoning Advisory Commission of 3/1, upon motion received and filed.
Proofs of publication of City Council Proceedings of 2/13, 2/14, 2/20 (Special Session), 2/20
(Regular Session), 2/21, and 2/23, upon motion received and filed.
Notice of Claims/Suits: Robert D. Boelk for property damage; Jody Klauer for vehicle damage;
Francis McDonald for property damage; Desa Wefel for personal injury, upon motion received and
filed and referred to City Attorney for investigation/report.
City Attorney advising that the following claims have been referred to Public Entity Risk Services
of Iowa, the agent for the Iowa Communities Assurance Pool: Jody Klauer and Desa Wefel, upon
motion received and filed and concurred.
Arboretum Drive – Quit Claim Deed: City Manager recommending acceptance of a quit claim
deed for a right-of-way purchase from the Iowa Department of Transportation (Iowa DOT) on
Arboretum Drive, upon motion received and filed. Connors moved adoption of Resolution No. 94-
06 Accepting a conveyance of Lot A of Breven Place in the City of Dubuque. Seconded by Jones.
Motion carried 7-0.
Asbury Plaza Phase 2 – Acceptance: City Manager recommending acceptance of the public
improvements in Phase 2 of Asbury Plaza as completed by the developer, Rubloff Development
Group, Inc., upon motion received and filed. Connors moved adoption of Resolution No. 95-06
Accepting improvements in Asbury Plaza – Phase 2. Seconded by Jones. Motion carried 7-0.
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Sanitary Sewer Master Plan – Request for Proposals: City Manager recommending approval of
the issuance of a Request for Proposal for engineering and design services for the
Comprehensive Sanitary Sewer Master Plan, upon motion received and filed and approved
recommendation.
Pedestrian Wayfinding Sign Design – Request for Proposals: City Manager recommending
approval of the issuance of a Request for Proposals to provide graphic design services for a
directional Pedestrian Wayfinding Sign Program for persons traveling throughout Downtown
Dubuque and the Port of Dubuque, upon motion received and filed and approved
recommendation.
Shot Tower Archeological Survey: City Manager recommending approval of the selection of
Great Lakes Archaeological Research Center, Inc. for the Archeological Survey of the Shot Tower
and to authorize staff to negotiate a contract, upon motion received and filed and approved
recommendation.
Eagle Valley Project: City Manager recommending approval of the publication of a combined
notice of finding of no significant impact on the environment and notice of intent to request release
of funds for the Eagle Valley Project, upon motion received and filed. Connors moved adoption of
Resolution No. 96-06 Authorizing publication of a Combined Notice of Finding of No Significant
Impact on the Environment and Notice of Intent to Request Release of Funds for the Eagle Valley
Project. Seconded by Jones. Motion carried 7-0.
Miller-Riverview Park Management Agreement: City Manager recommending approval of a
management agreement with Pat Felderman for Miller-Riverview Park for the period April 1
through November 1, 2006, upon motion received and filed and approved recommendation.
One Ummah Consulting for Diversity Training: City Manager recommending approval of the
negotiated contract with One Ummah Consulting for Diversity Training and Organizational
Development, upon motion received and filed and approved recommendation.
City Hall First Floor Restrooms – Request for Proposals: City Manager recommending approval
of a contract with Anderson Design & Consulting, Inc. for architectural services for the City Hall
First Floor Restrooms Project, upon motion received and filed and approved recommendation.
PEG Access Capital Grant Expenditure: City Manager recommending approval of a request from
Mediacom for funding from the Capital Grant for Access Equipment and Facilities in the amount of
$6,089 for a new switcher for Mediacom’s public access studio, upon motion received and filed
and approved recommendation.
Town Clock Plaza Banners: City Manager recommending approval of the installation of banners
in Town Clock Plaza for advertisement of non-profit events, upon motion received and filed and
approved recommendation.
Fire Department Response and Deployment Study: City Manager recommending approval of the
selection of The Matrix Consulting Group to perform a Municipal Fire and Emergency Service
Response and Deployment Study for the Fire Department, upon motion received and filed and
approved recommendation.
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Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Equipment Operator I, Truck Driver, Foreman, and Golf Course Supervisor, upon
motion received and filed and made a matter of record.
Altar Scrap Rezoning: Communication from Dave Beidler, representing his mother, requesting
that the name Mrs. Donna Beidler be removed from the petition in opposition to the Altar Scrap
rezoning, upon motion received and filed.
Dubuque Regional Humane Society: Communication from the Dubuque Regional Humane
Society in opposition to the proposed rezoning for Alter Salvage/Tschiggfrie Excavating request at
190 North Crescent Ridge, upon motion received and filed.
Legislative Issues:
City Manager communication to federal legislators regarding continued support of the
Community Services Block Grant (CSBG) Program, upon motion received and filed.
City Manager communication to Congressman Jim Nussle requesting his help in restoring
funding to the Community Development Block Grant (CDBG) Program, upon motion received and
filed.
City Manager communication to Senator Charles Grassley requesting his help in restoring
funding to the Community Development Block Grant (CDBG) Program, upon motion received and
filed.
City Manager communication to Governor Tom Vilsack regarding the plans of the Dakota,
Minnesota and Eastern Railroad Corporation (DM&E) to extend their rail line, upon motion
received and filed.
City Manager communication to area legislators urging a no vote to HF 2712 and its companion
bill SF 2265 regarding the establishment of a deferred retirement option plan (DROP) for the
Municipal Fire and Police Retirement System, upon motion received and filed.
Dubuque Metropolitan Area Solid Waste Agency: Communication from the Dubuque
Metropolitan Area Solid Waste Agency withdrawing their request to rezone property located on
Highway 20 West from AG Agricultural District to LI Light Industrial District, which was tabled at
the May 16, 2005 City Council meeting, upon motion received and filed and accepted withdrawal.
Mediacom: Communication from Kathleen McMullen, Mediacom, advising that there will be a
price adjustment effective May 2006, upon motion received and filed.
Voluntary Annexation Application: Application from Thomas L. and Sheri Henschel requesting
voluntary annexation to the City of Dubuque, upon motion received and filed and referred to the
City Manager.
Historic Preservation Commission: Communication from Laura Carstens, Planning Services
Manager, advising that there is currently a vacancy on the Historic Preservation Commission as
one member has become a City employee and is, therefore, ineligible to serve on the
Commission, upon motion received and filed.
Settlement of Claim: City Attorney recommending settlement of the claim of Tom and Anne
Wernimont (d/b/a Beanies Café) for loss of income, upon motion received and filed and approved
recommendation.
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Enterprise Zone Commission: Communication from Pamela Myhre, Economic Development
Department Staff Member to the Enterprise Commission, requesting the reappointment of City
Manager Michael C. Van Milligen to the Enterprise Zone Commission, as the City Council’s
representative, upon motion received and filed and approved recommendation.
AED Contract for Resuscitation Outcomes Consortium: City Manager recommending approval
an agreement with Zoll Corporation for Automatic External Defibrillators (AED) pro monitor
defibrillators for a five year period at no cost to the City for participation in a National Institute of
Health Resuscitation Outcomes Consortium (ROC), upon motion received and filed and approved
recommendation.
Business Licenses: Connors moved adoption of Resolution No. 97-06 Granting the issuance of
a Class “B” Beer (5 Day Special Event) to Rotary Club of Dubuque and Resolution No. 98-06
Granting the issuance of a Class “C” Beer/Liquor License to Los Arcos, Copper Kettle, Bar X,
Dubuque Greyhound Park and Casino, Bunker Hill Golf Course, Isabella’s and Knights of
Columbus. Seconded by Jones. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
2006 Asphalt Paving Project: City Manager recommending initiation of the public bidding process
for the 2006 Asphalt Paving Project and that a public hearing be set for April 17, 2006 to consider
adoption of the plans and specifications, upon motion received and filed. Cline moved adoption
of Resolution No. 99-06 Preliminary approval of plans and specifications; Resolution No. 100-06
Setting date of hearing on plans and specifications for 4/17/06 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 and Resolution No. 101-06 Ordering bids. Seconded by Michalski. Motion
carried 7-0.
Port of Dubuque Parking Lot #1 Project: City Manager recommending initiation of the public
bidding process for the Port of Dubuque Parking Lot #1 Project and that a public hearing be set
for April 17, 2006 to consider adoption of the plans and specifications, upon motion received and
filed. Cline moved adoption of Resolution No. 102-06 Preliminary approval of plans and
specifications; Resolution No. 103-06 Setting date of hearing on plans and specifications for
4/17/06 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 and Resolution No. 104-06 Ordering bids.
Seconded by Michalski. Motion carried 7-0.
A.Y. McDonald Park Development – Phase II Project: City Manager recommending initiation of
the public bidding process for the A.Y. McDonald Park Development – Phase II Project and that a
public hearing be set for May 1, 2006 to consider adoption of the plans and specifications, upon
motion received and filed. Cline moved adoption of Resolution No. 105-06 Preliminary approval
of plans and specifications; Resolution No. 106-06 Setting date of hearing on plans and
specifications for 5/1/06 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.
107-06 Ordering bids. Seconded by Michalski. Motion carried 7-0.
BOARDS/COMMISSIONS
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Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Arts and Cultural Affairs Advisory Commission (One unexpired three-year term (Arts position)
through 6/30/07
Applicants: Gail Chavenelle, Catherine Goodman, Thomas Goodman, Richard Hall, Ellen
Hartman Henkels, Louise Kames, Otto Krueger, Ioana Mamali, Michelle McKinlay, Gene Perry,
Edwin Ritts, Jr., John Tilton, Gene Tully, John Woodin
The following applicants appeared and requested Council consideration for appointment to the
Arts and Cultural Affairs Advisory Commission: Gail Chavenelle, Gene Tully, Tom Goodmann,
Ellen Hartman Henkels, Otto Krueger, John Woodin and Louise Kames.
Zoning Board of Adjustment (One 5-year term through 3/25/11 – term of Klauer) Applicant:
Randy Klauer. Randy Klauer spoke requesting consideration for reappointment.
Appointments to the following Boards/Commissions: Community Development Advisory
Commission (One At-Large position [Wainwright] through 2/15/09 and one Low/Moderate Income
position [Isenhart] through 2/15/09) Applicants for At-Large Position: R.J. Sullivan, Thomas C.
Wainwright; Applicant for Low/Moderate Income Position: Hillary A. Stubben.
Upon vote, Thomas Wainwright reappointed and upon motion, Hillary A. Stubben appointed to
three year terms which will expire 2/15/09.
Electrical Code Board (One Journeyman/Maintenance position [Pfohl] through 5/21/08, one At-
Large position [Pregler] through 5/21/08, and two Electrical Background positions [new] through
5/21/09) Applicants: Bob Schmidt, Paul J. Uhlrich - Additional Applicant: Kevin Pfohl
Upon motion Kevin Pfohl reappointed to an unexpired term to expire 5/21/08 and Bob Schmidt
and Paul Uhlrich appointed to new terms which will expire 5/21/09.
TV Cable Teleprogramming Commission (one vacant term through 6/30/06 and one vacant term
through 6/30/07): Applicant: Burton Everist Upon motion, Mr. Everist appointed to a term to
expire 6/30/07.
PUBLIC HEARINGS
605 Peru Road – Request to Rezone: Communication from Robert Clauer requesting that the
rezoning of property located at 605 Peru Road be tabled; Proof of publication on notice of hearing
to consider rezoning property located at 605 Peru Road from R-1 Single-Family Residential
District to LI Light Industrial District as requested by Robert Clauer, upon motion received and
filed and tabled action on the rezoning.
Upon motion the rules were suspended to allow anyone present to address the Council.
Roger Kunde/North End Wrecking – Request to Rezone (Tabled on February 20, 2006): Proof
of publication on notice of hearing to consider rezoning property located at 55 West 32nd Street
from AG Agricultural District to HI Heavy Industrial District as requested by Roger Kunde/North
End Wrecking and Zoning Advisory Commission recommending approval; Communication from
Joseph J. Bitter, representing North End Wrecking, regarding the requested rezoning;
Communication from Paul J. Uhlrich, 480 Olympic Heights Road, in opposition to the proposed
rezoning; Communication from Hope Huseman submitting a petition in opposition to the proposed
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rezoning for North End Wrecking; Communication from Dan McDermott, McDermott Brothers
Construction, in opposition to the proposed rezoning, upon motion received and filed.
Steve Simon, 2160 Clarke Drive, distributed a letter and spoke in support of the requested
rezoning.
Hope Huseman, 245 Olympic Heights, Bill Link, 800 Hawkeye Heights, Joan Schueller and Mike
Burns spoke in opposition to the proposed rezoning.
Jim Sullivan, 3091 Oak Crest, spoke questioning the fencing of this development.
An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying property located at 55 West 32nd Street from AG Agricultural District
to HI Heavy Industrial District, presented and read. Michalski moved that this be considered the
first reading of the Ordinance. Seconded by Cline. Carried by the following vote: Yeas—Braig,
Cline, Connors, Jones, Lynch. Nays—Buol, Michalski.
Alta Vista / Carlotta Street Reconstruction Project:: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the Alta Vista / Carlotta Street
Reconstruction Project and City Manager recommending approval of the plans and specifications
and the Resolution of Necessity, upon motion received and filed. Connors moved adoption of
Resolution No. 108-06 Adopting plans and specifications and Resolution No. 109-06 With respect
to the adoption of the Resolution of Necessity proposed for the Alta Vista / Carlotta Streets
Reconstruction Project. Seconded by Jones. Motion carried 7-0.
General Obligation Bonds – Stormwater Projects: Proof of publication on notice of hearing to
consider issuing $2,900,000 in General Obligation Bonds to support stormwater projects and City
Manager recommending approval to take additional action for the issuance, upon motion received
and filed. Cline moved adoption of Resolution No. 110-06 Instituting proceedings to take
additional action for the issuance of not to exceed $2,900,000 General Obligation Bonds.
Seconded by Jones. Motion carried 7-0.
General Obligation Urban Renewal Bonds – Parking Ramp Restoration Projects: Proof of
publication on notice of hearing to consider issuing $910,000 in General Obligation Urban
Renewal Bonds to support restoration projects at the Locust Street and Iowa Street Parking
Ramps and City Manager recommending approval to take additional action for the issuance, upon
motion received and filed. Cline moved adoption of Resolution No. 111-06 Instituting
proceedings to take additional action for the issuance of not to exceed $910,000 General
Obligation Urban Renewal Bonds. Seconded by Connors. Motion carried 7-0.
General Obligation Bonds – Refunding of Balances: Proof of publication on notice of hearing to
consider issuing $3,730,000 in General Obligation Bonds to refund the outstanding balance on
2000 Series B and C Bonds and City Manager recommending approval to take additional action
for the issuance, upon motion received and filed. Cline moved adoption of Resolution No. 112-06
Instituting proceedings to take additional action for the issuance of not to exceed $3,730,000
General Obligation Refunding Bonds. Seconded by Connors. Motion carried 7-0.
Sale of General Obligation Bonds (Not a Public Hearing): City Manager recommending approval
of the proceedings to set the date of sale of General Obligation Bonds in the aggregate principal
amount of $7,305,000, upon motion received and filed. Cline moved adoption of Resolution No.
113-06 Directing the advertisement for sale of General Obligation Bonds, Series 2006A, General
Obligation Urban Renewal Bonds, Series 2006B, and General Obligation Refunding Bonds,
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Series 2006C, in the aggregate principal amount of $7,305,000 and approving electronic bidding
procedures. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
River Pointe Development, LLC – Request to Rezone (First Reading on February 20, 2006;
Second Reading on March 6, 2006)
Communication from Sister Margaret Ann Willging regarding the proposed development on
Kelly’s Bluff; Communication from Gene Tully requesting to address the City Council regarding the
River Pointe Development; Communication from Francine Banworth requesting to address the
City Council regarding the River Pointe Development, upon motion received and filed.
Gene Tully, 448 Summit, spoke requesting the development be scaled down and Mr. Spiegel pay
for full cost of necessary improvements.
Francine Banworth, 985 South Grandview, spoke requesting final action be tabled until final plan
submitted and that it be held to scale in regards to the bluff.
Attorney Mike Coyle, representing River Pointe, spoke clarifying that tonight’s decision was for
the rezoning not the building design or permit.
Dan Hammel, President of Dubuque Building and Construction Trades Council, clarified that
rumors of using non-union labor for this project are not true.
Ordinance No. 27-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located at 600 Mazzuchelli Drive from R-2 Residential
District to PUD Planned Unit Development District with a Planned Residential designation, said
Ordinance having been presented and read at the Council Meetings of 2/20/06 and 3/6/06,
presented for final action. Cline moved final consideration and passage of the Ordinance.
Seconded by Jones. Motion carried 7-0.
Fiscal Year 2007 Annual Action Plan – Amendment #1: Community Development Advisory
Commission recommending approval of Amendment #1 to the Fiscal Year 2007 Annual Action
Plan which would reduce funding for multiple public service activities; City Manager
recommending approval of Amendment #1 to the Fiscal Year 2007 Annual Action Plan for the use
of Community Development Block Grant Funds by reducing the Housing and Economic
Development Programs and the Community Partnership (cp2) Program, upon motion received and
filed.
Jim Giesen, 1600 Lori, representing the Community Development Advisory Commission, spoke
clarifying the requested amendment and stressed he would not want to see the cp2 Program cut
and requested a compromise be considered.
Cline moved adoption of Resolution No. 114-06 Approving Amendment 1 to the Fiscal Year 2007
(Program Year 2006) Annual Action Plan for Community Development Block Grant Funds.
Seconded by Michalski. Carried by the following vote: Yeas—Buol, Cline, Connors, Jones,
Lynch, Michalski. Nays—Braig.
Speed Limit on Tanzanite Drive: Communication from Mert Atkinson, 1810 Amelia Drive,
requesting that the speed limit on Tanzanite Drive between Peru Road and John Deere Road be
increased from 25 miles per hour to 35 miles per hour, presented and read. Braig moved to
receive and file the communication and to direct staff to review the request. Seconded by
Connors. Motion failed by the following vote: Yeas—Braig, Connors, Michalski. Nays—Buol,
Cline, Jones, Lynch.
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City of Dubuque Audit Services: City Manager recommending that Eide Bailly LLP be retained
as the City’s auditing firm for the next five fiscal years, upon motion received and filed and
approved recommendation.
Hunting and Target Practice within City Limits (First Reading 3/6/06): An Ordinance Amending
City of Dubuque Code of Ordinances Chapter 33, Offenses and Miscellaneous Provisions, by
adopting a new Section 33-17 Hunting Permitted, allowing hunting and target practice within the
corporate limits of the City under certain conditions, said Ordinance having been presented and
read at the Council Meeting of 3/6/06, now presented for further action. Connors moved that this
be considered the second reading of the Ordinance. Seconded by Lynch. Carried by the
following vote: Yeas—Buol, Connors, Jones, Lynch. Nays—Braig, Cline, Michalski.
COUNCIL MEMBER REPORTS
Cline reported she had been asked to participate on the TAG committee of ECIA.
Michalski stated a written report of the recent trip to Washington DC and meeting with the
legislators was being prepared.
Buol stated he had attended an excellent seminar on emergency management at the NLC
Conference.
PUBLIC INPUT
At 9:19 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition – Chapter 21.5(1) (c)(j) 2005 Code of Iowa.
At 9:38 P.M. Council reconvened regular session stating staff had been given proper direction.
There being no further business, upon motion the meeting adjourned at 9:39 P.M.
Jeanne F. Schneider, CMC
City Clerk
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