Minutes_City Council Proceedings 6 19 06
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, June 19, 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 Rev. Matthew Harris, Pastor of The Bridge Christian Church
Proclamation: Drum and Bugle Corps
Presentation of the Urban Pioneer Award from The National Trust for Historic Preservation by
Dan LoBianco, Executive Director of Dubuque Main Street
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/25; City
Council of 6/5; Human Rights Commission of 5/8; Park and Recreation Commission of 5/9; Zoning
Advisory Commission of 617; Zoning Board of Adjustment of 5/25, upon motion received and filed.
Proofs of publication of City Council Proceedings for May 15, 2006 and List of Claims and
Summary of Revenues for month ending April 30, 2006, upon motion received and filed.
Notice of Claims/Suits: Deutsche Bank National Trust Company vs. City of Dubuque, et ai, upon
motion received and filed and referred to the City Attorney for investigation/report.
City Attorney advising that the following claim has been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: McDermott Excavating for property
damage, upon motion received and filed and concurred.
City Attorney recommending that the claim of Leanne Horsfall for property damage be approved
and that the Finance Department be directed to issue payment, upon motion received and filed
and concurred and Finance Department to issue payment.
Legislative Correspondence:
Communication (June 1, 2006) to Governor Tom Vilsack encouraging him to veto the eminent
domain legislation, upon motion received and filed.
Communication (June 9, 2006) to Governor Tom Vilsack thanking him for his veto of House File
2351, the eminent domain legislation passed by the Iowa Legislature, upon motion received and
filed.
Communication to local legislators encouraging their opposition to efforts to override Governor
Vilsack's veto of House File 2351, the Eminent Domain Bill, upon motion received and filed.
Communication to Congressman Jim Nussle regarding the Communications Opportunity,
Promotion, and Enhancement Act (COPE) of 2006, upon motion received and filed.
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Communication to Senator Charles Grassley regarding the Communications, Consumer's
Choice, and Broadband Deployment Act of 2006, upon motion received and filed.
Communication to Senator Tom Harkin regarding the Communications, Consumer's Choice, and
Broadband Deployment Act of 2006, upon motion received and filed.
Hillcrest Family Services Agreement: City Manager recommending approval of an agreement
with Hillcrest Family Services to use Murphy Park for Reflections in the Park, upon motion
received and filed and approved recommendation.
Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent Program: City
Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc.
in the amount of $5,598 for the Foster Grandparent Program, upon motion received and filed and
approved recommendation.
Purchase of Service Agreement with the Retired and Senior Volunteer Program: City Manager
recommending approval of a Purchase of Service Agreement with the Retired and Senior
Volunteer Program in the amount of $7,341, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Project Concern, Inc. - Information and Referral and Child
Care Referral: City Manager recommending approval of a Purchase of Service Agreement with
Project Concern, Inc. in the amount of $25,069 for the Information and Referral Program plus a
payment of $8,833 for the Child Care Referral Program, upon motion received and filed and
approved recommendation.
Purchase of Service Agreement with Operation: New View: City Manager recommending
approval of a Purchase of Service Agreement with Operation: New View in the amount of $17,725,
upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.: City Manager
recommending approval of a Purchase of Service Agreement with Helping Services of Northeast
Iowa, Inc. in the amount of $2,084, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Greater Dubuque Development Corporation: City Manager
recommending approval of a Purchase of Service Agreement with Greater Dubuque Development
Corporation in the amount of $167,828, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Dubuque Main Street, Ltd.: City Manager recommending
approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., in the amount of
$46,165, upon motion received and filed.
Purchase of Service Agreement with Hills and Dales: City Manager recommending approval of
the transfer of $2,083 of the Fiscal Year 2006 Dubuque Area lifeTime Center Purchase of Service
Agreement to Hills and Dales and approval of the Purchase of Service Agreement for Fiscal Year
2007 with Hills and Dales for senior programs in the amount of $25,000, upon motion received and
filed. Cline moved adoption of Resolution No. 235-06 Rescinding the Dubuque Area Lifetime
Center Community Development Block Grant Agreement for the senior program and services
between the Dubuque Area Lifetime Center and the City of Dubuque, authorizing the City Manager
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to negotiate a Community Development Block Grant Agreement between the City of Dubuque and
Hills and Dales, and authorizing the transfer of the funds balance for the senior program and
services to Hills and Dales. Seconded by Michalski. Motion carried 7-0.
Purchase of Service Agreement with Dubuque Area Labor Management Council: City Manager
recommending approval of a Purchase of Service Agreement with Dubuque Area Labor
Management Council in the amount of $15,968, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and
Visitors Bureau, upon motion received and filed and approved recommendation.
City Manager recommending approval of a Purchase of Service Agreement with the Dubuque
Area Chamber of Commerce Convention and Visitors Bureau in the amount of $660,409, upon
motion received and filed and approved recommendation.
Purchase of Service Agreement with Washington Neighborhood Tool Library: City Manager
recommending approval of a Purchase of Service Agreement with the Washington Neighborhood
Tool Library in the amount of $15,500, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Substance Abuse Services Center: City Manager
recommending approval of a Purchase of Service Agreement with Substance Abuse Services
Center in the amount of $13,145, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with America's River Corporation: City Manager recommending
approval of a Purchase of Service Agreement with America's River Corporation in the amount of
$10,000, upon motion received and filed and approved recommendation.
Northeast Iowa School of Music: City Manager recommending approval of a grant agreement
with the Northeast Iowa School of Music to provide music lessons for five children as part of the
Uptown Recreation Program, upon motion received and filed and approved recommendation.
Dubuque County ISU Extension: City Manager recommending approval of a grant agreement
with Dubuque County ISU Extension to conduct recreation programs as part of the Uptown
Recreation Program, upon motion received and filed and approved.
Four Mounds Foundation: City Manager recommending approval of a grant agreement with the
Four Mounds Foundation to provide the day camp program as part of the summer Uptown
Recreation Program, upon motion received and filed and approved recommendation.
Fifth Street Reconstruction Project: City Manager recommending award of the contract for the
Fifth Street Reconstruction Project to Portzen Construction in the amount of $1,024,519.20, upon
motion received and filed. Cline moved adoption of Resolution No. 236-06 Awarding contract for
the Fifth Street Reconstruction Project to Portzen Construction and Resolution No. 237-06
Approving construction contract with Portzen Construction for the Fifth Street Reconstruction
Project. Seconded by Michalski. Motion carried 7-0.
Dubuque Metropolitan Area Solid Waste Agency: Dubuque Metropolitan Area Solid Waste
Agency submitting the draft Comprehensive Solid Waste Management Plan Update and
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requesting City Council endorsement, upon motion received and filed and referred to the City
Manager.
Stafford Street Sanitary Sewer Reconstruction Project: City Manager recommending acceptance
of the Stafford Street Sanitary Sewer Reconstruction Project as completed by Fondell Excavating,
Inc. of Dubuque, Iowa, in the final contract amount of $15,229.00, upon motion received and filed.
Cline moved adoption of Resolution No. 238-09 Accepting improvement and Resolution No.
239-06 Approving final estimate. Seconded by Michalski. Motion carried 7-0.
DME Filing: Iowa Department of Transportation filing to the Surface Transportation Board
regarding the petition of the Iowa, Chicago and Eastern Railroad, upon motion received and filed.
International Union of Operating Engineers: City Manager recommending approval of the
collective bargaining agreement between the City of Dubuque and the International Union of
Operating Engineers, Local #758, upon motion received and filed. Cline moved adoption of
Resolution No. 240-06 Approving the agreement between the City of Dubuque and the
International Union of Operating Engineers. Seconded by Michalski. Motion carried 7-0.
409 Burch Street (Tabled on May 15, 2006): City Manager submitting an update on the
rehabilitation of 409 Burch Street and recommending that this item be tabled to July 17, 2006,
upon motion received and filed and tabled to 7/17/06.
Amendment to Development Agreement for Eagle Valley Subdivision: City Manager
recommending approval of an amendment to the existing development agreement for the Eagle
Valley housing subdivision to allow construction of single family homes on duplex lots, upon
motion received and filed and approved recommendation.
Parking Enforcement Handheld Units: City Manager recommending approval of the replacement
of five handheld parking enforcement units at a cost of $29,780, upon motion received and filed
and approved recommendation.
Response and Deployment Study Contract: City Manager recommending approval of a contract
with the Matrix Consulting Group for the Fire Department's Response and Deployment Study,
upon motion received and filed and approved recommendation.
Subdividing of Lots - Dubuque Industrial Center West Fifth Addition and Port of Dubuque: City
Manager recommending approval of the subdividing of lots in the Dubuque Industrial Center West
and Port of Dubuque for projects being done by Theisen Supply, Inc., Dubuque Screw Products,
Inc., and McGraw-Hili Companies, Inc., upon motion received and filed. Cline moved adoption of
Resolution No. 241-06 Approving Plat of Survey of Lot 1 of 2 and Lot 2 of 2 Dubuque Industrial
Center West 5th Addition in the City of Dubuque, Iowa; Resolution No. 242-06 Approving Plat of
Survey of Lot 1 of 5 and Lot 2 of 5, Dubuque Industrial Center West 5th Addition in the City of
Dubuque, Iowa, and Resolution No. 243-06 Approving Plat of Survey of Lot 1 of 1 and Lot 2 of 1
of Riverwalk Sixth Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by
Michalski. Motion carried 7-0.
Crime Victim Assistance Grant: City Manager recommending approval of an Iowa Department of
Justice Domestic Violence Grant to be used to support investigative overtime regarding domestic
violence investigations for the period July 1, 2006 to June 30, 2007, upon motion received and
filed and approved recommendation.
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Tobacco Compliance - Civil Penalties for Tobacco Permit Holder: City Manager recommending
acceptance and approval of Acknowledgement/Settlement Agreements for Oky Doky, Inc., 2010
Kerper Blvd, for their first tobacco violation and Clarke Retail Enterprises, 700 Rhomberg Avenue,
for their second tobacco violation, upon motion received and filed and approved recommendation.
Economic Development Administration - Amendment #4: City Manager recommending approval
of Amendment #4 to the contract with the Economic Development Administration on the Adams
Company property project, upon motion received and filed. Cline moved adoption of Resolution
No. 244-06 Authorizing the execution of Project Amendment #4 to a contract with the Economic
Development Administration. Seconded by Michalski. Motion carried 7-0.
Encephalitis Monitoring Memorandum of Understanding: City Manager recommending approval
of a Memorandum of Understanding between the Iowa Department of Public Health and the City
of Dubuque for services related to Encephalitis I West Nile disease monitoring, upon motion
received and filed and approved recommendation.
Environmental Stewardship Advisory Commission: Communication from the Environmental
Stewardship Advisory Commission requesting City Council approval and concurrence on the
results of the Commission's goal setting process, upon motion received and filed and referred to
the City Manager.
Historic Preservation Commission: Communication from Jim Gibbs advising that he does not
plan to pursue another term on the Historic Preservation Commission, upon motion received and
filed.
Dubuque Metropolitan Area Transportation Study (DMATS): Communication from Mayor Roy D.
Buol, Chairperson of the Dubuque Metropolitan Area Transportation Study, to the Surface
Transportation Board in support of the City of Dubuque's opposition to Petition of Iowa, Chicago &
Eastern Rail Corporation to reopen and partially modify conditions of Finance Docket No. 34177
and Finance Docket No. 34178, upon motion received and filed.
Iowa Department of Transportation: City Manager recommending approval of the Iowa
Department of Transportation's five year primary road maintenance agreement, upon motion
received and filed and approved recommendation.
Federal Building Lease Agreement: City Manager recommending approval of a lease agreement
with the United States Postal Service and Senator Tom Harkin's office for space in the Federal
Building as a prerequisite to the City taking ownership of the Federal Building, upon motion
received and filed. Cline moved adoption of Resolution No. 245-06 Authorizing a temporary
lease to the General Services Administration on behalf of the United States Postal Service and
Senator Harkin's Office for space in the Federal Building in the City of Dubuque. Seconded by
Michalski. Motion carried 7-0.
Federal Building Request for Proposals: City Manager recommending approval of a Request for
Proposals to provide architectural and engineering services for the Federal Building, upon motion
received and filed and approved recommendation.
Business Licenses: Cline moved adoption of Resolution No. 246-06 Granting the issuance of fifty
(50) renewal permits to sell cigarettes and cigarette papers within the City limits; Resolution No.
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247-06 Granting the issuance of Class "B" Beer Permit to Colts Community Center and a Class
"C" Beer Permit to Hy-Vee Wine and Spirits and Resolution No. 248-06 Granting the issuance of a
Class "C" Beer/Liquor License (5-Day Special Event) to Dubuque Area Labor Management
Council; Class "C" Beer/Liquor License to Five Flags Center, Paul's Tavern, Diamond Jo Casino,
American Legion #6, and Bricktown Brewery; and Class "B" Wine Permit to Hy-Vee Wine and
Spirits. Seconded by Michalski. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Para-Transit Rate Increase: City Manager recommending that a public hearing be set for July 5,
2006 to consider a para-transit rate increase, upon motion received and filed and set public
hearing for 7/5/06 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.
Northwest Arterial Phase 1 - Bike/Pedestrian Trail Project: City Manager recommending initiation
of the bidding process for the Northwest Arterial Phase 4 - Bike/Pedestrian Trail Project and that a
public hearing be set for July 17, 2006, upon motion received and filed. Cline moved adoption of
Resolution No. 249-06 Preliminary approval of plans and specifications; Resolution No. 250-06
Setting date of hearing on plans and specifications for 7/17/06 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. 251-06 Ordering bids. Seconded by Lynch. Motion carried
7-0.
Ham House Painting Project: City Manager recommending initiation of the bidding process for
the Ham House Painting Project and that a public hearing be set for July 17, 2006, upon motion
received and filed. Cline moved adoption of Resolution No. 252-06 Preliminary approval of plans
and specifications; Resolution No. 253-06 Setting date of hearing on plans and specifications for
7/17/06 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. 254-06 Ordering bids.
Seconded by Lynch. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions: Park and Recreation Advisory Commission (One 3-year term through
6/30/09 - Term of Duggan) Applicant: Chuck Duggan No one spoke.
Appointments to the following Boards/Commissions:
Historic Preservation Commission (Three 3-year At-Large terms through 7/1/09 [terms of Loney-
Bichell, Gibbs, Olson] and one 3-year Cathedral District term through 7/1/09 [term of Cotyl)
Applicants: At-Large - Mary Loney-Bichell, Matthew Lundh and Chris Olson; Cathedral District -
Michael Coty. Upon motion Mary Loney Bichell, Chris Olson and Michael Coty were reappointed
and Matthew Lundh appointed to three year terms on the Historic Preservation Commission for
terms that will expire 7/1/09.
Investment Oversight Commission (Two 3-year terms through 7/1/09 - terms of Lassance and
Melendez) Applicants: Paul Lassance, Hiram Melendez Upon motion Paul Lassance and
Hiram Melendez reappointed to three year terms which will expire 7/1/09.
Long Range Planning Advisory Commission (Two 3-year terms through 7/1/09 - terms of
Neumeister, Stein) Applicant: Dr. Mary Lynn Neumeister, Richard Stein Upon motion Dr. Mary
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Lynn Neumeister and Rick Stein reappointed to three year terms on the Long Range Planning
Advisory Commission which will expire 7/1/09.
Zoning Advisory Commission (Two 3-years terms through 7/1/09 - terms of Bichell and Hardie)
Applicants: Kenneth Bichell, Stephen Hardie, Matthew Lundh, Charles Miller Upon vote:
Kenneth Bichell and Stephen Hardie reappointed to three year terms on the Zoning Advisory
Commission which will expire 7/1/09.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Durrant Group / Richard Davison - Request to Rezone: Proof of publication on notice of hearing
to consider a request from Durrant Group / Richard Davison to rezone property located at 593 Hill
Street from R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping Center
District and Zoning Advisory Commission recommending approval, upon motion received and
filed.
Pat Norton, The Durrant Group clarified the rezoning request and spoke in support of the
change.
Ordinance No. 42-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located at 593 Hill Street from R-2A Alternate Two-Family
Residential District to C-2 Neighborhood Shopping Center 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.
Harold and Jocille Weber - Request to Rezone: Proof of publication on notice of hearing to
consider a request from Harold and Jocille Weber to rezone property located at 210 Jones Street
from LI Light Industrial District to C-4 Downtown Commercial District and Zoning Advisory
Commission recommending approval, upon motion received and filed.
Randy Weber, 535 South Grandview Avenue, spoke in support of the requested rezoning.
Ordinance No. 43-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located at 210 Jones Street from LI Light Industrial District
to C-4 Downtown Commercial District, 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 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by
Lynch. Motion carried 7-0.
Wendell Corey, Motor City LLC - Request to Rezone: Proof of publication on notice of hearing to
consider a request from Wendell Corey, Motor City LLC, to rezone property located north of
Asbury Plaza Shopping Center in Dubuque County from County AG Agricultural District to City
PUD Planned Unit Development with a PC Planned Commercial designation in conjunction with
annexation to the City of Dubuque and Zoning Advisory Commission recommending approval,
upon motion received and filed.
Wendell Corey, Mason City, lA, requested the continuation of the existing PUD for the property
proposed for rezoning and annexation.
Ordinance No. 44-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located north of Asbury Plaza
Shopping Center from County AG Agricultural District to City PUD Planned Unit Development with
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a PC Planned Commercial designation in conjunction with annexation, 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 Jones. Motion carried 7-0.
Dean and Patricia Butler - Request to Rezone: Proof of publication on notice of hearing to
consider a request from Dean and Patricia Butler to rezone property located south of Derby
Grange Road in Dubuque County from County A1 Agricultural District to City R-3 Moderate
Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque and
the Zoning Advisory Commission recommending approval with the condition that the property be
rezoned R-2 Two-Family Residential District, upon motion received and filed.
John Herrig, 13750 Surrey Lane, representing Dean and Patricia Butler, stated the applicants
were agreeable to the R-2 Two-Family Residential designation.
Ordinance No. 45-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located south of Derby Grange
Road in Dubuque County from County A1 Agricultural District to City R-2 Two-Family Residential
District, concurrent with annexation, upon motion received and filed. 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. Seconded by
Jones. Motion carried 7-0. Cline moved final consideration and passage of the Ordinance.
Seconded by Jones. Motion carried 7-0.
John and Sally Jo Herrig - Request to Rezone: Proof of publication on notice of hearing to
consider a request from John and Sally Jo Herrig to rezone property located south of Derby
Grange Road in Dubuque County from County A1 Agricultural to City AG Agricultural District, R-3
Moderate Density Multi-Family Residential District and C-3 General Commercial District in
conjunction with annexation to the City of Dubuque and Zoning Advisory Commission
recommending approval with the condition that the property be rezoned to R-2 Two-Family
Residential/C-3 General Commercial District with a 20 percent setback, upon motion received and
filed.
Communication from John Herrig advising that the R-2 Two-Family Residential is acceptable;
however, the C-3 General Commercial District with a 20 percent setback is not acceptable, upon
motion received and filed.
Communication from Wendell Corey, Motor City LLC, regarding the request of John and Sally Jo
Herrig to rezoning property located south of Derby Grange Road and requesting that the C-3
zoning be downgraded to C-2, upon motion received and filed.
Petition requesting that the rezoning be downgraded from C-3 to PUD Planned Unit Development
(first choice) or C-2 (second choice) for property located south of Derby Grange Road, upon
motion received and filed.
John Herrig, 13750 Surrey Lane, requested the rezoning and stressed the subdivision will be
done correctly.
Cheryl Ramsell, 13878 Derby Grange Road, spoke of concerns with water quality and traffic.
Wendell Corey spoke requesting a Planned Urban Development for the area in question. He
stated he is 100% for the project but not the way that it is being done. He requested that the area
be rezoned to a PUD or C-2, which would be more restrictive.
Dave Coates, 13102 Derby Grange Road, spoke objecting to R-3 and C-3 and requested that
this property be zoned all R-1, a combination of R-2 and PUD, or a combination of R-2 and C-2.
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Mary Jean Reding, 13918 Surrey Lane; Mary Jo Zalaznik, 13919 Surrey Lane; Judy Riniker,
13533 Burton Furnace Road; and Dean Depaul of 13486 Derby Grange Road, all spoke objecting
to the proposed rezoning as it would increase traffic and negatively impact water runoff.
Ron Breitbach, 13233 Derby Grange Road, spoke stating he saw a need for residential but not
commercial development as there is more than enough nearby commercially zoned property.
City Engineer Gus Psihoyos clarified that earlier Rubloff Development deficiencies have been
corrected and that Wendell Corey is in compliance with all State permits as to water runoff. The
City will start to inspect stormwater runoff areas on a quarterly basis, which is now done on a
complaint basis.
John Herrig responded to the various concerns and explained his plans with regard to water
retention and controlled water run-off. He also stated that the collector street that would be built
as part of the development would funnel the additional traffic.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located south of Derby Grange Road
from County A1 Agricultural to City AG Agricultural District, R-2 Two-Family Residential District
and C-3 General Commercial District, concurrent with annexation to the City of Dubuque,
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 further moved that the twenty percent (20%) rear-yard setback
condition be removed. Seconded by Lynch. Motion failed due to lack of super-majority vote:
Yeas-Cline, Connors, Jones, Lynch. Nays-Braig, Buol, Michalski.
Michalski moved to table the rezoning. Seconded by Cline. Motion carried 7-0.
Requests for Voluntary Annexation:
Wendell Corey, Motor City LLC - Proof of publication on notice of hearing to consider a request
from Wendell Corey, Motor City LLC, to voluntarily annex to the City of Dubuque contingent on
approval of the zoning and the annexation agreement, upon motion received and filed.
John and Sally Jo Herrig: Proof of publication on notice of hearing to consider a request from
John and Sally Jo Herrig to voluntarily annex to the City of Dubuque contingent on approval of the
zoning and the annexation agreement, upon motion received and filed.
Dean and Patricia Butler - Proof of publication on notice of hearing to consider a request from
Dean and Patricia Butler to voluntarily annex to the City of Dubuque contingent on approval of the
zoning and the annexation agreement, upon motion received and filed.
City Manager recommending approval of the three voluntary annexation requests and submitting
the signed annexation agreements for the three properties, upon motion received and filed.
Wendell Corey spoke stating he is doing more than necessary as far as stormwater detention.
Cline moved adoption of Resolution No. 255-06 Approving application for voluntary annexation of
territory owned by Motor City LLC. Seconded by Michalski. Motion carried 7-0.
Cline moved that action be tabled for annexation requests for Herrigs and Butlers. Seconded by
Braig. Motion carried 7-0.
Theisen Supply, Inc. - Development Agreement: Proof of publication on notice of hearing to
consider execution of a Development Agreement with Theisen Supply, Inc., including the
disposition of 16.749 acres in the Dubuque Industrial Park West to Chavenelle Warehouse
Development, LLC for construction of a 110,000 square foot warehouse/office complex for
Theisen's Supply, Inc. and City Manager recommending approval, upon motion received and filed.
Tony Theisen, Vice President of Theisen Supply, spoke requesting the Development Agreement.
William Baum, Interim Director of Greater Dubuque Development Corporation, spoke and
encouraged Council approval for this agreement.
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Michalski moved adoption of Resolution No. 256-06 Approving a Development Agreement
providing for the sale of Lot 1 of Lot 2 Dubuque Industrial Center West 5th Addition in the City of
Dubuque, Iowa, to Theisen Supply, Inc. and Chavenelle Warehouse Development, LLC.
Seconded by Connors. Motion carried 7-0.
Kunkel Bounds and Associates - Development Agreement: Proof of 'publication on notice of
hearing to consider execution of a Development Agreement with Kunkel Bounds and Associates,
including a 7.69 acre land sale in the Dubuque Technology Park for construction of a 9,800 square
foot office building and City Manager recommending approval, upon motion received and filed.
Tim Kunkel spoke and thanked Council and staff for their support and assistance.
Cline moved adoption of Resolution No. 257-06 Approving a Development Agreement providing
for the sale of Lot 6 Block 2 Dubuque Technology Park in the City of Dubuque, Iowa to Kunkel
Bounds and Associates, Inc. Seconded by Lynch. Motion carried 7-0.
Dubuque Screw Products, Inc. - Development Agreement: Proof of publication on notice of
hearing to consider execution of a Development Agreement with Dubuque Screw Products, Inc.,
including a 3.838 acre land sale in Dubuque Industrial Center West for construction of a 30,000
square foot industrial facility and City Manager recommending approval, upon motion received and
filed.
Michael Scherr of Dubuque Screw Products and Bill Baum of GDDC spoke in support of the
Development Agreement.
Connors moved adoption of Resolution No. 258-06 Approving a Development Agreement
providing for the sale of Lot 1 of 5 Dubuque Industrial Center West 5th Addition to Dubuque Screw
Products, Inc. Seconded by Cline. Motion carried 7-0.
McGraw-Hili Companies, Inc. - Development Agreement: Proof of publication on notice of
hearing to consider execution of a Development Agreement with McGraw-Hili Companies, Inc.,
including the disposition of approximately 1.99 acres for construction of a 135,000 square foot
office complex in the Port of Dubuque and City Manager recommending approval, upon motion
received and filed.
Bill Baum, Greater Dubuque Development Corporation, spoke in appreciation of the City support
of this project.
Cline moved adoption of Resolution No. 259-06 Approving a Development Agreement providing
for the sale of Lot 1 of Lot 1 of Riverwalk 6th Addition in the City of Dubuque, Iowa to the McGraw-
Hill Companies, Inc. Seconded by Jones. Motion carried 7-0.
City of Dubuque - Request for Text Amendment: Proof of publication on notice of hearing to
consider a request from the City of Dubuque to amend Sections 6-1.5.5 and 4.4.2 of the Zoning
Ordinance and Section 41-16 of the Subdivision Regulations to extend the duration of the
development moratorium for the Iowa 32 (Southwest Arterial) corridor and Zoning Advisory
Commission recommending approval, upon motion received and filed.
Ordinance No. 46-06 Amending Appendix A (the Zoning Ordinance) of the City of DUbuque Code
of Ordinances by amendment Section 4.4.2 regarding site plans, and by amending Section 6-1.5.5
regarding rezoning, to extend a moratorium for site plan and rezoning applications in the Iowa 32
(Southwest Arterial) corridor and Ordinance No. 47-06 Amending Chapter 42 (Subdivision
Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16, to extend a
moratorium for subdivision plats in the Iowa 32 (Southwest Arterial) corridor, presented and read.
Connors moved that the requirement that the proposed Ordinances be considered and voted on
for passage at two Council Meetings prior to the meeting at which they are to be finally passed be
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suspended. Seconded by Jones. Motion carried 7-0. Connors moved final consideration and
passage of the Ordinances. Seconded by Michalski. Motion carried 7-0.
Petition to Vacate a Portion of Barry Street: Proof of publication on notice of hearing to consider
a request from David O. Neyens and John J. and Frances M. McDonough to vacate a portion of
Barry Street from Roosevelt Street northeasterly to a public alley in the City of Dubuque and City
Manager recommending approval, upon motion received and filed. Connors moved adoption of
Resolution No. 260-06 Vacating and disposing of City interest in the northwesterly one-half of
Barry Street in Barry Subdivision NO.2 in the City of Dubuque, Dubuque County, Iowa. Seconded
by Jones. Motion carried 7-0.
Five Flags Arena Fall Protection Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications for the Five Flags Arena Fall Protection Project and City
Manager recommending award of the contract to Hy-Safe Technology in the amount of $82,173,
upon motion received and filed. Cline moved adoption of Resolution No. 261-06 Adopting plans
and specifications; Resolution No. 262-06 Awarding contract and Resolution No. 263-06
Approving construction contract with Hy-Safe Technology for the Five Flags Arena Fall Protection
Project. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Airport Commission Report: Airport Commission Chairperson Teri Goodmann to provide the
Airport quarterly report. Teri Goodman gave a comprehensive report of Airport activities and
thanked Interim Airport Manager Todd Dalsing and staff for their support, upon motion received
and filed.
NCR Developers, Inc. I Martin McNamer - Request to Rezone (First reading on June 5, 2006):
Marty McNamer, 1036 Bonnie Court, spoke stressing the need for R-3 Zoning for the flexibility it
would provide.
Council Member Michalski stated she was opposed to any development that provided a single
access with a gated emergency access.
Ordinance No. 48-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located south of North Cascade
Road from Dubuque County A-1 Agricultural and R-2 Single-Family Residential District to City of
Dubuque R-3 Moderate Density Multi-Family Residential District concurrent with annexation, said
Ordinance having been presented and read on June 5, 2006, now presented for further action..
Jones 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 further moved approval of the R-3 designation. Seconded by Connors. Motion
carried 6-0 with Lynch abstaining. Jones moved final consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 6-0 with Lynch abstaining.
Gary and Mary Beth Valentine - Request to Rezone (First Reading on June 5, 2006): Ordinance
No. 49-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at the southeast corner of
North Cascade Road and Edval Lane from Dubuque County A1 Agricultural and R2 Single-Family
Residential District to City of Dubuque Moderate Density Multi-Family Residential District
concurrent with annexation, said Ordinance having been presented and read on June 5, 2006
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Council Meeting, now presented for further action. 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 and further moved approval of the R-3
designation. Seconded by Jones. Motion carried 6-0 with Lynch abstaining. Michalski moved final
consideration and passage of the Ordinance. Seconded by Braig. Motion carried 6-0 with Lynch
abstaining.
Thomas and Sheri Henschel - Request to Rezone (First Reading on June 5, 2006): Ordinance
No. 50-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located west of Miller Road from
Dubuque County R2 Single-Family Residential District and City of Dubuque AG Agricultural District
to City of Dubuque R-2 Two-Family Residential District, concurrent with annexation, said
Ordinance having been presented and read on June 5, 2006, now presented for further action.
Jones 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 6-0 with Lynch abstaining. Jones moved final
consideration and passage of the Ordinance. Seconded by Braig. Motion carried 6-0 with Lynch
abstaining.
Upon motion the following was removed from the table: NCR Developers, Inc.lMartin McNamer
- Request for Voluntary Annexation (Tabled on June 5, 2006):
Michalski moved adoption of Resolution No. 264-06 Approving application for voluntary
annexation of territory owned by North Cascade Road Developers, LLC and American Trust and
Savings Bank, as Trustee. Seconded by Connors. Motion carried 6-0 with Lynch abstaining.
Upon motion the following was removed from the table: Gary and Mary Beth Valentine -
Request for Voluntary Annexation (Tabled on June 5, 2006):
Connors moved adoption of Resolution No. 265-06 Approving application for voluntary
annexation of territory owned by Gary L. and Mary Beth Valentine. Seconded by Jones. Motion
carried 6-0 with Lynch abstaining.
Upon motion the following was removed from the table: Thomas and Sheri Henschel - Request
for Voluntary Annexation (Tabled on June 5, 2006). Jones moved adoption of Resolution No.
266-06 Approving application for voluntary annexation of territory owned by Tom and Sheri
Henschel, individually and as trustees. Seconded by Connors. Motion carried 6-0 with Lynch
abstaining.
Police Department Towing Contract: City Manager recommending approval of the Police
Department Towing Contract for 2006 through 2009, upon motion received and filed and approved
recommendation.
Dubuque Drum and Bugle Corps: Communication from Greg Orwoll, Executive Director of the
Dubuque Drum and Bugle Corps, requesting that the residential parking restrictions around Senior
High School and any noise ordinances be suspended on July 7 and August 5 to accommodate the
Colts' annual Music on the March, upon motion received and filed, approved, and referred to the
Special Event process with the fee being waived.
Tri-State Development - Final Plat: Zoning Advisory Commission recommending approval of the
final plat of Seippel Road Commercial Park, Plat #2, located on Old Highway Road as requested
by Tri-State Development/Dave Schneider, upon motion received and filed. Jones moved
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adoption of Resolution No. 267-06 Approving the final plat of Seippel Road Commercial Park, Plat
#2, in the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0.
Cable TV Teleprogramming Amendment: City Manager recommending approval of an
amendment to Section 44-219(a) of the City of Dubuque Code of Ordinances to set the quorum for
the Community Teleprogramming Commission to four members of the seven member
Commission, upon motion received and filed. Ordinance No. 51-06 Amending the City of Dubuque
Code of Ordinances Section 44-219(a) Establishing the Quorum for Meetings of the Cable
Television Community Teleprogramming Commission, 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 Jones. Motion carried 7-0.
Vacant and Abandoned Buildings: City Manager recommending adoption of an amendment to
the Code of Ordinances to require that all vacant and abandoned buildings be licensed effective
December 1, 2006, upon motion received and filed. Ordinance No. 52-06 Amending the City of
Dubuque Code of Ordinances Chapter 33, Offenses and Miscellaneous Provisions by adopting a
new Article VII, Licensing of Vacant and Abandoned Buildings, presented and read. Jones
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 Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on the US Conference of Mayors meeting he recently attended and
commented that it was a very committed group with a lot of the same issues. He also stated that
he would be working with School Superintendent John Burgart on a "Science in the Schools"
program that was discussed at the Conference.
Council Member Lynch extended condolences to the family of City employee Richard Ward on
his death earlier that day.
Council Member Jones reported that the Dubuque County Board of Supervisors had voted to
make a substantial contribution to the Dubuque County Emergency Responder Training Center
currently being constructed.
There being no further business, upon motion meeting adjourned at 10:23 P.M.
diV'pU/f~LQJ
~~ne F. Schneider, CMC
City Clerk
1t 6/28
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