7 17 06 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, July 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, 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 Monsignor Wayne Ressler, Pastor of St. Raphael's Cathedral.
Proclamations: Dubuque County Fair Week (July 25 - 30, 2006) received by Fair Manager
Shannon Lundgren; United Way Campaign Time (August 3 - October 31, 2006) received by
United Way Board Chairperson Lori Thielen
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 7/5; Enterprise Zone Commission of 5/24; Long
Range Planning Advisory Commission of 6/21; Park and Recreation Commission of 6/13 and 7/11;
Zoning Board of Adjustment of 6/22, upon motion received and filed.
Library Board of Trustees Update from meeting of June 22, 2006, upon motion received and
filed.
Proofs of publication of City Council Proceedings of June 19 and 21, 2006 and List of Claims and
Summary of Revenue for month ending May 31,2006, upon motion received and filed.
Notice of Claims/Suits: Bird Chevrolet for vehicle damage; City of Bellevue for vehicle damage;
Bob and Donna Humke for property damage; Jane M. Jaeger for property damage; Robert
Kaesbauer for property damage; Bill McGovern for property damage; Rhonda Metcalf v. City of
Dubuque; Ferd A. Nesler for vehicle damage; Oak Park Place for property damage; Michael V.
and Tansy Jo Rooney for property damage; Jeremiah Shanahan for vehicle damage; Michael and
Barbara Skahill 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: Bird Chevrolet for vehicle damage;
Bob and Donna Humke for property damage; Bill McGovern for property damage; Ferd A. Nesler
for vehicle damage; Oak Park Place for property damage; Jeremiah Shanahan for vehicle
damage, upon motion received and filed and concurred.
City Attorney recommending denial of the claim of Jessica Sampson for vehicle damage, upon
motion received and filed and approved denial.
Fire Simulators for Training Center: City Manager recommending approval to reimburse the
Training Center Task Force $365,000 for fire simulators which have been installed at the Dubuque
County Firefighters Association Regional Emergency Responders Training Facility, upon motion
received and filed. Cline moved adoption of Resolution No. 310-06 Reimbursement of Dubuque
County Firefighters Association in the amount of $365,000.00 for the purchase of equipment for
1
the Joint City/County Regional Emergency Responder Training Center Project. Seconded by
Connors. Motion carried 7-0.
Mediacom: Communication from LeeAnn Herrera, Mediacom, advising of various monthly rate
adjustments, upon motion received and filed.
Heritage Trail Extension: Heron Pond Trail Project: City Manager recommending acceptance of
the Heritage Trail Extension: Heron Pond Trail Project as completed by Tschiggfrie Excavating
Co., in the final contract amount of $292,269.14, upon motion received and filed. Cline moved
adoption of Resolution No. 311-06 Accepting the Heritage Trail Extension Project - Phase II from
the Heron Pond Wetlands to the Dubuque Jaycees Trail and Resolution No. 312-06 Approving
final estimate. Seconded by Connors. Motion carried 7-0.
University Avenue RCB Storm Sewer Extension Project: City Manager recommending
acceptance of the construction contract for the reinforced concrete box culvert extension of the
University Avenue Reconstruction Project in the final contract amount of $1,248,555.21, upon
motion received and filed. Cline moved adoption of Resolution No. 313-06 Accepting the
Reinforced Concrete Box (RCB) Culvert Extension of the University Avenue Reconstruction
Project and Resolution No. 314-06 Approving final estimate. Seconded by Connors. Motion
carried 7-0.
2006 Curb Ramp Installation - CDBG Phase II Project: City Manager recommending acceptance
of the 2006 Curb Ramp Installation - CDBG Phase II Project as completed by Kluck Construction,
in the final contract amount of $21,464.66, upon motion received and filed. Cline moved adoption
of Resolution No. 315-06 Accepting improvement and Resolution No. 316-06 Approving final
estimate. Seconded by Connors. Motion carried 7-0.
Purchase of Property - 1711 Elm Street: City Manager recommending approval of the purchase
of property located at 1711 Elm Street to be used for construction of additional parking at the new
Community Health Center, upon motion received and filed. Cline moved adoption of Resolution
No. 317-06 Approving the acquisition of real estate located at 1711 Elm Street in the City of
Dubuque. Seconded by Connors. Motion carried 7-0.
Iowa Finance Authority Housing Trust Fund Application: City Manager providing information
regarding an application to be submitted by Dubuque's Housing Trust Fund to the Iowa Finance
Authority for a Local Housing Trust Fund grant of $160,000 in support of the Step by Step project,
upon motion received and filed.
Housing Enterprise Zone Application for Step by Step, Inc.: City Manager recommending
approval of a Housing Enterprise Zone Program Application to the Iowa Department of Economic
Development for the Step by Step, Inc. project, upon motion received and filed. Cline moved
adoption of Resolution No. 318-06 Approving a Housing Enterprise Zone Program Application to
the Iowa Department of Economic Development for the Step by Step, Inc. project. Seconded by
Connors. Motion carried 7-0.
Theisen's Supply, Inc.: Communication from Jim Theisen, Theisen Supply, Inc., thanking the City
Council for support of their new office warehouse project, upon motion received and filed.
2
Eminent Domain: Communication to area legislators encouraging them to oppose efforts to
override Governor Vilsack's veto of House File 2351, the eminent domain bill, upon motion
received and filed.
409 Burch Street (Tabled from June 19, 2006 Meeting): City Manager recommending that this
item be retabled to September 18, 2006, upon motion received and filed and tabled to 9/18/06.
Agreement with Plastic Center, Inc. and Utility Relocation Agreement with Alliant Energy: City
Manager recommending approval to negotiate and execute an agreement with Plastic Center, Inc.
and a Utility Relocation Agreement with Alliant Energy to facilitate public improvements for the
Asbury Road eastbound thru-Iane widening project, upon motion received and filed and approved
recommendation.
Consultant Selection for the Utility Expense and Cost Analysis: City Manager recommending
approval of the selection of Springsted, Inc. as the consultant for the Utility Expense and Cost
Analysis, upon motion received and filed and approved recommendation.
Dubuque Area Labor Management Council Banner: City Manager recommending approval of a
banner the Dubuque Area Labor-Management Council would like to display on the Town Clock,
upon motion received and filed and approved recommendation.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors submitting concerns from Dubuque Township Trustees due to development of Asbury
Plaza in the City of Dubuque, upon motion received and filed and referred to the City Manager.
Dubuque Shot Tower Archeological Investigation: City Manager recommending approval of a
contract in the amount of $14,315.47 with Great Lakes Archeological Research Center to perform
the Shot Tower Archeological Survey, upon motion received and filed and approved
recommendation.
Improvement Contracts / Performance, Payment and Maintenance Bonds: -- 2006 Pavement
Marking Project, upon motion received and filed and approved.
Liquor License Transfers: Request of Dubuque County Historical Society to transfer their liquor
license to the lot north of the Third Street Overpass, area west of Adams Company and area east
of Adams Company for the Taste of Dubuque; Request of One Flight Up to permanently transfer
their liquor license from 44 - 48 Main Street to 30 Main Street; Request of the Rotary Club of
Dubuque to transfer their liquor license to the Port of Dubuque on Bell Street for the Rock and
Soul Reunion #1 at the Alliant Amphitheater; upon motion received and filed and approved
transfers.
Business Licenses: Cline moved adoption of Resolution No. 319-06 Granting the issuance of a
Class "B" Beer (5-Day Special Event) to Dubuque Jaycees for July, August and September and
Resolution No. 320-06 Granting the issuance of a Class "C" Beer/Liquor License to House of
China, Walnut Tap, Shannon's Bar and Grill and Tri-State Golf Center; and Class "B" Wine Permit
to Basket Expressions. Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
3
Residential Parking Permit District - Vizaleea / Keymont Street: City Manager recommending
that a public hearing be set for August 7,2006 to consider a request to form a Residential Parking
Permit District in the Vizaleea / Keymont Street area, upon motion received and filed. Lynch
moved adoption of Resolution No. 321-06 Setting a public hearing on establishing a Residential
Parking Permit District on Vizaleea Drive from Pennsylvania Avenue to Keystone Drive and on
Keymont Drive from Keyway Drive to its westerly terminus, and set public hearing for 8/7/06 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.
Greater Downtown Urban Renewal Amendment: City Manager recommending that a public
hearing be set for August 21, 2006 to consider an Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District to extend the boundaries of the District, upon
motion received and filed. Lynch moved adoption of Resolution No. 322-06 Of Necessity finding
that the proposed expansion areas of the Greater Downtown Urban Renewal District are areas
meeting the definitions of an economic development area and that development of said areas is
necessary in the interest of the residents of the City of Dubuque, Iowa and set for public hearing
on 8/21/06 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.
Flora Pool Painting Project: City Manager recommending initiation of the public bidding process
for the Flora Pool Painting Project and that a public hearing be set for August 21, 2006, upon
motion received and filed. Lynch moved adoption of Resolution No. 324-06 Preliminary approval
of plans and specifications; Resolution No. 325-06 Setting date of hearing on plans and
specifications for 8/21/06 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.
326-06 Ordering bids. Seconded by Cline. Motion carried 7-0.
Floodwall Pumping Facility Improvement Projects: City Manager recommending initiation of the
public bidding process for the Floodwall Pumping Facility Improvement Projects and that a public
hearing be set for August 21, 2006, upon motion received and filed. Lynch moved adoption of
Resolution No. 327-06 Preliminary approval of plans and specifications; Resolution No. 328-06
Setting date of hearing on plans and specifications for 8/21/06 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. 329-06 Ordering bids. Seconded by Cline. Motion carried
7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Request of William Intiligator to speak to his re-appointment to the Arts and Cultural Affairs
Advisory Commission, upon motion received and filed and approved request. Mr. Intriligator
spoke requesting consideration for reappointment.
Arts and Cultural Affairs Advisory Commission (Three 3-year terms through 6/30/09 -
Business/Professional [W. Intriligator], Business/Professional and LiveslWorks in Cultural District
[Amy Weber], and At Large [Rebecca Fabricius]
Applicants:
4
Business/Professional: Ellen Hartman Henkels, William Intriligator, Karen Ridings; Upon vote,
Ellen Hartman Henkels was appointed to a three year term which will expire 6/30/09.
Business/Professional and LiveslWorks in Cultural District: Amy Weber; Upon motion Amy
Weber was reappointed to a three year term which will expire 6/30/09.
At Large: Rebecca Fabricius, Ellen Hartman Henkels, Geri Shafer, John Tilton; Upon vote, Geri
Shafer was appointed to a three year term which will expire 6/30/09.
Civic Center Commission (Two 3-years terms through 6/29/09 - terms of Fuller and Parks)
Applicants: Cynthia Fuller, Bryce Parks; Upon motion Cynthia Fuller and Bryce Parks reappointed
to the Civic Center Commission.
Transit Board of Trustees (One 3-year term through 7/30/09 - term of Bemis): Applicants: Harry
Bemis, Peter Kies Upon vote Peter Kies appointed to a three year term which will expire 7/30/09.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Dubuque Star Brewery Project - Development Agreement: Proof of publication on notice of
hearing to consider approval of a Development Agreement and lease of the former Dubuque Star
Brewery building and site to Port of Dubuque Brewery Development, LLC., and City Manager
recommending approval, upon motion received and filed. Connors moved adoption of Resolution
No. 330-06 Determining that the proposal of Port of Dubuque Brewery Development, LLC to
develop and lease property in the Greater Downtown Urban Renewal District in the Port of
Dubuque in the City of Dubuque, Iowa is in compliance with the terms of the City's offering for
disposition of such property and Resolution No. 331-06 Accepting the proposal from Port of
Dubuque Brewery Development, LLC for the lease of property in the Greater Downtown Urban
Renewal District in the Port of Dubuque in the City of Dubuque, Iowa and approving the
Development Agreement and Lease Agreement with Port of Dubuque Brewery Development, LLC
for the lease of the property. Seconded by Cline. Motion carried 7-0.
Giese Manufacturing Company, Inc. - Development Agreement: Proof of publication on notice
of hearing to consider disposing of property in the Dubuque Industrial Center West to Giese
Properties, LLC for the purpose of constructing an 18,000 square foot manufacturing facility and
execution of a Development Agreement and City Manager recommending approval, upon motion
received and filed.
Dan McDonald, Greater Dubuque Development Corporation, spoke in support of the project.
Tom Giese spoke expressing thanks for past and future support.
Cline moved adoption of Resolution No. 332-06 Approving a Development Agreement providing
for the sale of Lot 1 of 1 Dubuque Industrial Center West 5th Addition to Giese Properties, LLC.
Seconded by Connors. Motion carried 7-0.
Northwest Arterial Bike/Pedestrian Trail Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the Northwest Arterial Bike/Pedestrian Trail
Project and City Manager recommending award of the contract to Drew Cook and Sons
Excavating, Inc., in the amount of $216,832, upon motion received and filed. Connors moved
adoption of Resolution No. 333-06 Adopting plans and specifications; Resolution No. 334-06
Awarding construction contract for the Northwest Arterial Hike-Bike Trail Project - Phase 1; and
Resolution No. 335-06 Approving construction contract with Drew Cook and Sons Excavating, Inc.
5
for the Northwest Arterial Hike-Bike Trail Project - Phase 1. Seconded by Cline. Motion carried 7-
O.
Paint Ham House Trim Project: Proof of publication on notice of hearing to consider adoption of
the plans and specifications for the Paint Ham House Trim Project and City Manager
recommending award of the contract to John C. Kaiser Company in the amount of $35,850, upon
motion received and filed. Michalski moved adoption of Resolution No. 336-06 Adopting plans
and specifications; Resolution No. 337-06 Awarding contract and Resolution No. 338-06
Approving construction contract with John C. Kaiser Company for the Paint Ham House Trim
Project. Seconded by Cline. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Convention and Visitors Bureau: Sue Czeshinski, Dubuque Area Chamber of Commerce
Convention and Visitors Bureau, to present quarterly report. Ms. Czeshinski gave a detailed,
positive report of their activities. Upon motion the report was received and filed.
John and Sally Jo Herrig - Request to Rezone (First Reading on July 5, 2006): Communication
from William L. Breitbach, owner of property adjacent to the John and Sally Jo Herrig property, in
support of the proposed rezoning and annexation; Communication from Elaine and Raymond
Backes requesting that the commercial zoning be kept next to the Corey property; Communication
from Eileen and Douglas Coates, 13102 Derby Grange Road, in opposition to the proposed
rezoning; Communication from Mary Jean and Steve Reding, 13918 Surrey Lane, in opposition to
the proposed rezoning; Communication from Richard and Esther Farnum, 13717 Derby Grange
Road, in opposition to the proposed rezoning, upon motion received and filed.
Ordinance No. 55-06 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
from County A1 Agricultural to City AG Agricultural District, R-2 Two-Family Residential District
and C-3 General Commercial District, with conditions concurrent with annexation to the City of
Dubuque, with conditions, said Ordinance having been presented and read at the Council Meeting
of July 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 Cline. Motion carried 6-1
with Braig voting Nay. Jones moved final consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 6-1 with Braig voting Nay.
Upon motion the following was removed from the table: Requests for Voluntary Annexation
(Tabled on June 19, 2006): City Manager submitting the signed Voluntary Annexation Agreements
from John and Sally Jo Herrig and Dean and Patricia Butler and recommending approval of the
voluntary annexations, upon motion received and filed. Cline moved adoption of Resolution No.
339-06 Approving application for voluntary annexation of territory owned by John W. and Sally Jo
Herrig and Resolution No. 340-06 Approving application for voluntary annexation of territory owned
by Dean and Patricia Butler. Seconded by Michalski. Motion carried 7-0.
Upon motion the following was removed from the table: Dubuque Museum of Art (Tabled on July
5, 2006): Communication from the Dubuque Museum of Art requesting that the remaining debt
they owe the City from a $300,000 loan they took out in July 1999 from the Downtown Loan Pool
to rehabilitate the Dubuque Museum of Art building be forgiven or, as an alternative, that it be
6
amortized over twenty years, and City Manager recommending that the loan agreement be
amended to amortize their balloon payment over fifteen years, upon motion received and filed and
approve City Manager's recommendation that it be amortized over fifteen years.
Terrace Estates Third Addition - Final Plat: Zoning Advisory Commission recommending
approval of the final plat of Terrace Estates Third Addition, upon motion received and filed. Cline
moved adoption of Resolution No. 341-06 Approving the final plat of Terrace Estates Third
Addition in the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0.
StopNield Sign on Rosedale Avenue: City Manager recommending that the reference to yield
signs on Rosedale Avenue at North Grandview Avenue and at West Locust Street be deleted from
the City Code to allow the installation of stop signs, upon motion received and filed. Ordinance No.
56-06 Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection
(b) of Section 32-216 thereof providing for the deletion of yield signs on Rosedale Avenue at North
Grandview Avenue and West Locust Street, presented and read. Michalski moved that the
requirement that a proposed Ordinance be considered and voted on for passage at two Council
Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by
Connors. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance.
Seconded by Lynch. Motion carried 7-0.
Unified Development Code: City Manager recommending approval of the selection of JEO
Consulting Group, Inc. as the consultant for development of the Unified Development Code, upon
motion received and filed and approved recommendation.
Blackhawk Area Railroad Coalition (BARC): Communication from Janet Fisher, Co-Chair of the
Blackhawk Area Railroad Coalition, requesting that the City Council adopt a resolution supporting
the BARC's efforts to reinstate passenger rail service to the area, upon motion received and filed.
Cline moved adoption of Resolution No. 342-06 Of support. Seconded by Lynch. Motion carried
7-0.
At 7:47 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.
Council reconvened Regular Session at 8:14 P.M. stating Staff had been given proper direction.
There being no further business, upon motion the meeting adjourned at 8:15 P.M.
A~f~~
~ F. Schneider, CMC
City Clerk
1t 7/26
7