4 17 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
Council, Regular Session, April 17, 2006
Council met in regular session 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 Deacon J.C. Otto, Sacred Heart Catholic Church
Proclamations: Community Development Week (April 17 - 23, 2006) received by Community
Development Member Jim Giesen; Girl Scouts of Little Cloud Council's 70th Anniversary Day (April
22, 2006) received by Sue Wheaton.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 3/27; Cable TV Teleprogramming
Commission of 3n; City Council of 4/3; Community Development Advisory Commission of 3/14;
Enterprise Zone Commission of 4/5; Human Rights Commission of 3/13; Zoning Board of Adjustment
of 3/23, upon motion received and filed.
Proof of publication of City Council Proceedings of 3/20 and 3/27, upon motion received and filed.
Notice of Claims/Suits: Citimortgage, Inc. vs. the City of Dubuque, et al; Joseph D. Gruber for
property damage; Leanne Horsfall for property damage; Kathy Stumpf for property damage, upon
motion received and filed and referred to the 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: Allied Waste for property damage on
12/8/05; Allied Waste for property damage on 2/17/06, upon motion received and filed and
concurred.
Animal Control Officer Vacancy: City Manager recommending elimination of the full-time vacant
Animal Control Officer position and for the vacancy to be filled with part-time hours, upon motion
received and filed and approved recommendation. Council questioned and voiced concern about
the full-time position being made into two part-time positions, without benefits, but understood the
need for more time coverage.
Demolition by Neglect: Communication from Terry L. Mozena, 1036 West Third Street, requesting
support for the incorporation of Demolition by Neglect into the Conservation Districts, upon motion
received and filed and City Manager directed to expedite the study and recommendation on this
issue.
General Obligation Bonds - Series 2006A - Stormwater Projects: City Manager recommending
approval of the final action necessary for the issuance of the General Obligation Bonds - Series
2006A in support of stormwater projects, upon motion received and filed. Connors moved adoption
1
of Resolution No. 138-06 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to
serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent and
Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement -
2006A and Resolution No. 139-06 Authorizing and providing for the issuance of $2,900,000 General
Obligation Bonds, Series 2006A, and levying a tax to pay said bonds. Seconded by Lynch. Motion
carried 7-0.
General Obligation Urban Renewal Bonds - Series 2006B - Parking Ramps: City Manager
recommending approval of the final action necessary for the issuance of the General Obligation
Urban Renewal Bonds - Series 2006B for parking ramp restoration projects, upon motion received
and filed. Connors moved adoption of Resolution No. 140-06 Appointing Wells Fargo Bank, National
Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and
approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement - 2006B and Resolution No. 141-06 Authorizing and providing for the
issuance of $910,000 General Obligation Urban Renewal Bonds, Series 2006B, and levying a tax to
pay said bonds. Seconded by Lynch. Motion carried 7-0.
General Obligation Refunding Bonds - Series 2006C: City Manager recommending approval of the
final action necessary for the issuance of the General Obligation Refunding Bonds - Series 2006C to
refund the outstanding balance on 2000 Series Band C Bonds, upon motion received and filed.
Connors moved adoption of Resolution No. 142-06 Appointing Wells Fargo Bank, National
Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and
approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement; Resolution No. 143-06 Authorizing and providing for the issuance of
$3,525,000 General Obligation Bonds, Taxable Series 2006C, and levying a tax to pay said bonds,
and Resolution No. 144-06 Authorizing the redemption of certain of the outstanding General
Obligation Bonds, Series 2000B, dated June 1, 2000, and General Obligation Bonds, Series 2000C,
dated November 1, 2000, of the City of Dubuque, Iowa, and directing notice of redemption.
Seconded by Lynch. Motion carried 7-0.
Senior Fitness Friends: Petition from the Senior Fitness Friends thanking the City for supporting the
lifeTime Center's budget request of $25,000, upon motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the City has been awarded a grant in an amount not to exceed
$350,000 for the HOME Investment Partnership Program to assist in the conversion of a building
owned by Step by Step into seven units for physically disabled women, upon motion received and
filed.
Step by Step - Affordable Housing Program: City Manager recommending approval of the City
sponsoring an application to the Federal Home Loan Bank for funds to assist in the development of a
residential facility to be owned by Step by Step, upon motion received and filed and approved
recommendation.
Community Partnership (cp2) Program: Communication from the Community Development Advisory
Commission recommending that the Community Partnership (cp2) Program Grant for the Gannon
Center be transferred to Hillcrest Family Services, upon motion received and filed. Connors moved
adoption of Resolution No. 145-06 Rescinding the Gannon Center Community Partnership (cp2)
Grant for the Transportation/Mental Health Skill Development Program and approving the transfer of
funds for the program to Hillcrest Family Services. Seconded by Lynch. Motion carried 7-0.
2
Partnership with Project Concern: City Manager recommending approval to apply for funding to
assist homeless persons, in partnership with Project Concern, under the US Housing and Urban
Development Shelter Plus Care Program, upon motion received and filed and approved
recommendation.
Purchase of Property - 1570 Maple Street: City Manager recommending approval of the purchase
of property at 1570 Maple Street as part of the acquisition program associated with expansion of the
Bee Branch Creek Restoration Project, upon motion received and filed. Connors moved adoption of
Resolution No. 146-06 Approving the acquisition of real estate located at 1570 Maple Street in the
City of Dubuque. Seconded by Lynch. Motion carried 7-0.
Purchase of Property - 512 Lincoln Avenue: City Manager recommending approval of the purchase
of property at 512 Lincoln Avenue as part of the acquisition program associated with expansion of the
Bee Branch Creek Restoration Project, upon motion received and filed. Connors moved adoption of
Resolution No. 147-06 Approving the acquisition of real estate located at 512 Lincoln Avenue in the
City of Dubuque. Seconded by Lynch. Motion carried 7-0.
Busted Lift Lease: City Manager recommending approval of an outdoor patio lease for the Busted
Lift to use the public right of way to serve alcoholic beverages, upon motion received and filed and
approved recommendation.
Police Department Towing Contract: City Manager recommending approval of the issuance of a
Request for Proposals for towing services for Fiscal Years 2007 - 2009, upon motion received and
filed and approved recommendation.
Eagle Valley Subdivision Water Main Extension Project: City Manager recommending acceptance
of the Eagle Valley Subdivision Water Main Extension and Service Line Lateral Project as completed
by Fondell Excavating, Inc. in the final contract amount of $74,897, upon motion received and filed.
Connors moved adoption of Resolution No. 148-06 Accepting improvement and Resolution No. 149-
06 Approving final estimate. Seconded by Lynch. Motion carried 7-0.
DMATS Transportation Enhancement Grant: City Manager recommending approval of a $249,288
application to the Iowa Department of Transportation for a Dubuque Metropolitan Area
Transportation Study (DMATS) Transportation Enhancements Grant for Phase 2 of the Iowa 32
(Northwest Arterial) Bike/Hike Trail Project, upon motion received and filed. Connors moved adoption
of Resolution No. 150-06 Approving the submittal of an application for DMATS Transportation
Enhancements Funding for the Dubuque Heritage Trail Extension: Phase 2 of the Iowa 32
(Northwest Arterial) Bike/Hike Trail Project. Seconded by Lynch. Motion carried 7-0.
Bonson Road Reconstruction Project: City Manager recommending approval of the award of the
contract for the Bonson Road Reconstruction Project to the low bidder, Horsfield Construction, Inc.,
in the amount of $507,813.55, upon motion received and filed. Connors moved adoption of
Resolution No. 151-06 Awarding contract for the Bonson Road Reconstruction Project to Horsfield
Construction, Inc. and Resolution No. 152-06 Approving construction contract with Horsfield
Construction, Inc. Seconded by Lynch. Motion carried 7-0.
Bunker Hill Golf Course - Gambling License: City Manager recommending approval of the
application of Bunker Hill Golf Course for a gambling license to conduct two raffles to raise money for
the golf course, upon motion received and filed and approved recommendation.
3
Ice Harbor Marina Grant: City Manager recommending approval of a 28E Intergovernmental
Agreement between the Iowa Department of Natural Resources and the City of Dubuque for the
$100,000 Boating Infrastructure Grant for the Ice Harbor Marina Project, upon motion received and
filed. Connors moved adoption of Resolution No. 153-06 Authorizing an Intergovernmental
Agreement with the Iowa Department of Natural Resources for a Boating Infrastructure Grant for
transient boat docks at the Port of Dubuque. Seconded by Lynch. Motion carried 7-0.
Lease Amendment for "Dubuque by Carriage:" City Manager recommending approval of the Fifth
Amendment to the lease agreement with Carole Lindstrom of "Dubuque by Carriage," upon motion
received and filed and approved recommendation.
Dubuque Golf and Country Club: Communication from Richard Bugalski, General Manager of the
Dubuque Golf and Country Club, requesting permission to display fireworks on July 4, 2006 at
approximately 9:30 p.m., upon motion received and filed and approved request.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development regarding the City's Community Development Block Grant
Program, upon motion received and filed and referred to the City Manager.
Dubuque Yacht Basin Sublease Agreement: City Manager recommending approval of a sublease
agreement between the Dubuque Yacht Basin and Dubuque's American Lady, L.L.C. for office space
and dock space for Dubuque's American Lady, L.L.C. to operate dinner cruises on the Mississippi
River, upon motion received and filed and approved recommendation.
Legislative Correspondence:
Communications to local legislators encouraging their opposition to HF 2321 regarding the use of
eminent domain by a municipality, upon motion received and filed.
Communication to local legislators encouraging their opposition to HF 2794, a Department of
Revenue bill that includes language regarding annexation, upon motion received and filed.
Business License Refund: Request of Asbury Amoco Foodshop for a refund for their cigarette
license in the amount of $25.00, upon motion received and filed and approved recommendation.
Business Licenses: Connors moved adoption of Resolution No. 154-06 Granting the issuance of a
Class "B" Beer (14-Day Special Event) Permit to Grand Opera House (Rotary Club); and Class "C"
Beer Permit to Lien Oriental American Food, 16th Street AutofTruck Plaza, Tobacco Outlet, Kwik
Stop C-Stores and Paro Food Mart and Resolution No. 155-06 Granting the issuance of a Class "C"
Liquor License (5-Day Special Event) to Carlos O'Kelly's (Chili Cook-off); Class "A" (Club) Liquor
License to Dubuque Moose Lodge #365; Class "C" Beer/Liquor License to Sublime, DaVinci's,
Whiskey River, West Dubuque Tap, Hudson's Classic Grill, Loras College, Lot One LLC, Carlos
O'Kelly's (1-Day Outdoor Sale), and The Penalty Box; and Class "B" Wine Permit to Oky Doky #8.
Seconded by Lynch. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
Fiscal Year 2006 Budget Amendment: City Manager recommending that a public hearing be set for
May 1, 2006 to consider the second amendment to the Fiscal Year 2006 budget, upon motion
received and filed. Cline moved adoption of Resolution No. 156-06 Setting the date for the public
hearing on Amendment #2 to the Fiscal Year 2006 Budget for the City of Dubuque with public
hearing set for 5/1/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and
4
direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Sraig. Motion
carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Housing Code Appeals Board (One unexpired three-year term through 1/11/08) Applicant: David
Young
Long Range Planning Advisory Commission (One unexpired three-year term through 7/1/08)
Applicant: Otto Krueger Mr. Krueger spoke requesting consideration for appointment.
TV Cable Regulatory Commission (One unexpired three-year term through 6/30/07) Applicant:
Kevin R. Stevens Mr. Stevens spoke requesting consideration for appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Request to Rezone - 3219 Asbury Road: Proof of publication on notice of hearing to consider
rezoning property located at 3219 Asbury Road from R-2c Two-Family Residential District, with
conditions, to OS Office Services District to permit a chiropractic office as requested by InJun Chong
and Zoning Advisory Commission recommending denial, upon motion received and filed.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter property located at 3219 Asbury Road from R-2c Two-Family
Residential District, with conditions, to OS Office Service District, presented and read.
Michalski moved to receive and file the proof and communication and concur with the denial.
Seconded by Braig. Motion failed due to the following vote: Yeas-Jones, Michalski. Nays-Braig,
Suol, Cline, Connors, Lynch.
Cline then moved to receive and file the proof and communications and consider this the first
reading of the Ordinance. Seconded by Connors. Carried by the following vote: Yeas-Braig, Buol,
Cline, Connors, Jones, Lynch. Nays-Michalski.
2006 Asphalt Paving Project: Proof of publication on notice of hearing to consider adoption of the
plans and specifications for the 2006 Asphalt Paving Project and City Manager recommending award
of the contract to River City Paving, a Division of Mathy Construction Company, in the amount of
$1,010,696.46, upon motion received and filed. Cline moved adoption of Resolution No. 157-06
Adopting plans and specifications; Resolution No. 158-06 Awarding contract for the 2006 Asphalt
Paving Project and Resolution No. 159-06 Approving construction contract with River City Paving for
the 2006 Asphalt Paving Project. Seconded by Braig. Motion carried 7-0.
Port of Dubuque Parking Lot NO.1: Proof of publication on notice of hearing to consider adoption
of the plans and specifications for the Port of Dubuque Parking Lot No. 1 Project and City Manager
recommending award of the contract to Portzen Construction, Inc., in the amount of $449,989, upon
motion received and filed. Michalski moved adoption of Resolution No. 160-06 Adopting plans and
specifications; Resolution No. 161-06 Awarding construction contract for the Port of Dubuque -
Parking Lot 1 Reconstruction and Landscaping Project and Resolution No. 162-06 Approving
construction contract with Portzen Construction, Inc., for the Port of Dubuque - Parking Lot 1
Reconstruction and Landscaping Project. Seconded by Cline. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
5
ACTION ITEMS
Roger Kunde/North End Wrecking - Request to Rezone (First Reading on March 20, 2006; Second
Reading April 3, 2006): Ordinance 28-06 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, said Ordinance having been presented and read on
3/20/06 and 4/3/06, now presented for final action. Cline moved final consideration and passage of
the Ordinance. Seconded by Jones. Carried by the following vote: Yeas-Braig, Cline, Connors,
Jones, Lynch. Nays-Buol, Michalski.
Kunkel, Bounds & Associates, Inc. - Application for Financial Assistance: City Manager
recommending approval of the submission of an application for financial assistance to the Iowa
Department of Economic Development on behalf of Kunkel, Bounds & Associates, Inc. to assist their
relocation project to the Dubuque Technology Park, upon motion received and filed. Cline moved
adoption of Resolution No. 163-06 Authorizing the filing of an Iowa Department of Economic
Development application for financial assistance on behalf of Kunkel, Bounds & Associates, Inc.
Seconded by Connors. Motion carried 7-0.
Proposed Hunting Ordinance: Communication from Thomas Henschel, 995 June Drive, requesting
reconsideration of the proposed hunting ordinance for certain property owners within the City limits,
presented and read. Jones moved to reconsider the third reading of the Ordinance. Seconded by
Lynch. Carried by the following vote: Yeas-Braig, Buol, Connors, Jones, Lynch, Michalski. Nays-
Cline. Jones moved to refer this matter to City Manager and directed that the ordinance be revised
to include the issuance of permits on a case-by-case basis and that the City Manager be authorized
to approve the permits. Seconded by Braig. Carried by the following vote: Yeas-Braig, Buol,
Connors, Jones, Lynch, Michalski. Nays-Cline.
Eagle Valley Subdivision NO.2: Zoning Advisory Commission recommending approval of the final
plat of Eagle Valley Subdivision NO.2 as requested by Buesing & Associates/Fondell Excavating,
Inc., upon motion received and filed. Michalski moved adoption of Resolution No. 164-06 Approving
the final plat of Lots 1 through 7 of Eagle Valley Subdivision NO.2 in the City of Dubuque, Iowa.
Seconded by Connors. Motion carried 7-0.
Key City Properties - Plat #3 - Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Key City Properties - Plat #3 as requested by Key City Properties, LLC., upon motion
received and filed. Connors moved adoption of Resolution No. 165-06 Approving the final plat of
Key City Properties - Plat #3 in Dubuque County, Iowa. Seconded by Braig. Motion carried 7-0.
Dubuque Industrial Center West 5th Addition - Final Plat: Zoning Advisory Commission
recommending approval of the final plat of Dubuque Industrial Center West 5th Addition as requested
by the City of Dubuque, upon motion received and filed. Jones moved adoption of Resolution No.
166-06 Approving the final plat of Dubuque Industrial Center West 5th Addition in the City of
Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0.
Timber-Hyrst Estates - Final Plat: City Manager recommending approval of the final plat of Timber-
Hyrst Estates located in the City of Dubuque, Iowa as requested by North Cascade Road
Developers, LLC, upon motion received and filed. Jones moved adoption of Resolution No. 167-06
Approving the final plat of Timber-Hyrst Estates in the City of Dubuque, Iowa. Seconded by Lynch.
Motion carried 7-0.
6
Nowata Street Parking: City Manager recommending approval of the removal of the parking
prohibition on the west side of Nowata Street between Loras Boulevard and University Avenue, upon
motion received and filed.
Ordinance No. 29-06 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 deleting Nowata
Street, 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 7-0.
Unified Development Code: City Manager recommending approval of the issuance of a revised
Request for Proposals (RFP) for the Unified Development Code, upon motion received and filed and
approved recommendation. Council thanked staff for the inclusion of the blufflands and big box
developments in the revised Request for Proposals. Buol requested that language similar to the
blufflands be applied to the big box developments.
Midwest Bluffland Ordinances: City Manager submitting examples of Midwest Bluffland Ordinances,
upon motion received and filed.
NIMS Training Session: City Manager recommending that a training session on the National
Incident Management System (NIMS) be scheduled for June 12, 2006 beginning at 5: 15 p.m. upon
motion received and filed and approved.
Library Renovation Project: City Manager recommending that a work session be scheduled for
Monday, May 15, 2006 at 5: 15 p.m. for a presentation on the Library renovation plans, upon motion
received and filed and approved recommendation.
COUNCIL MEMBER REPORTS
Cline voiced concern with the color of the signage on Highway 61/151 off-ramp as it is difficult to
read.
At 8:18 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition-
Chapter 21.5 (1) 0) 2005 Code of Iowa.
At 8:35 P.M. Council reconvened Regular Session stating staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:36 P.M.
/~A44~
~~ne F. Schneider, CMC
City Clerk
1t 4/26
7