8 21 06 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, August 21, 2006
Council met in Special Session at 6:00 P.M. in the 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 special session of the City Council called for the
purpose of meeting with the Human Rights Commission to receive an update on ADA Accessibility.
Jim Jarrard, Chair of the Human Rights Commission and Judy Giesen, Chair of the Human Rights
ADA Subcommittee, reported on ADA accessibility in Dubuque. Giesen stressed the importance of
the Americans with Disabilities Act law, the difficulty of a volunteer group to get the job done, and
stated that a staff person should be assigned to address this issue. She also requested
consideration of hanging "Proudly Accessible" banners in Dubuque.
Council discussed the importance of this project, the responsibility of the Commission, and the
possibility of available tax credits and other incentives to promote accessibility issues.
There being no further business, upon motion meeting adjourned at 6:29 P.M.
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Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 21,2006
Council met in Regular Session at 6:00 P.M. in the 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 Dave McGhee of Nativity Catholic Church.
CONSENT ITEMS
Minutes and Reports Submitted: Cable Teleprogramming Commission of 6/6; City Council of 8/7;
Civil Service of 6/2, 6/6 and 6/30; Historic Preservation Commission of 7/20; Housing Code Appeals
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Board of 3/2; Library Board of Trustees of 4/27, 6/22 and 7/7; Zoning Advisory Commission of 8/2,
upon motion received and filed.
Proofs of publication of City Council Proceedings of July 17, 2006 and List of Claims and Summary
of Revenues for month ending June 30, 2006, upon motion received and filed.
Notice of Claims/Suits: Louise Ehlinger for personal injury, 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: Louise Ehlinger for personal injury;
Milton Ernst for property damage; Emily Freiberger for property damage, upon motion received and
filed and concurred.
Request to Purchase: Communication from John Gronen requesting to purchase a portion of a
City-owned alley abutting his property at 1798 Washington Street, upon motion received and filed
and referred to the City Manager.
Green Dubuque: Communication from Jake Werner, 640 Lorimer, regarding the desire for a green
Dubuque and a sustainable future for the City, upon motion received and filed.
Residential Parking Permit District: Communication from Dorothy and Lisa McCarthy, 1797 Vizaleea
Drive, in appreciation of the City Council's support for the Residential Parking Permit District, upon
motion received and filed.
Certificate of Completion - Marke, LLC (Vessel Systems): City Manager recommending approval of
the issuance of a Certificate of Completion to Marke, LLC (Vessel Systems) in the Dubuque
Industrial Center West acknowledging completion of their obligations to construct Minimum
Improvements, upon motion received and filed and approved recommendation.
PEG Access Capital Grant Expenditure: City Manager recommending approval of a $5,000 grant
from the Capital Grant for Access Equipment and Facilities Fund to Wahlert High School/Holy Family
Schools for a new digital camcorder and $5,070 to Mediacom's Public Access Studio for a camcorder
shoulder brace and wireless intercom system, upon motion received and filed and approved
recommendation.
Legislative Correspondence: Communication to Senator Charles Grassley, Senator Tom Harkin
and Congressman Jim Nussle regarding the RIGHT Act, upon motion received and filed.
Asbury Road Widening: City Manager recommending approval of the acquisition plats and
acceptance of the proposed right-of-way from the Church of the Resurrection, aHa Properties, AAP
Partners and Sam's Real Estate Business Trust, upon motion received and filed. Cline moved
adoption of Resolution No. 369-06 Approving the acquisition plat of a part of Lot 1 of Dr. a's Place in
the City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for Asbury
Road; Resolution No. 370-06 Approving the acquisition plat of a part of Lot 1 of AAP Place in the
City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for Asbury
Road; Resolution No. 371-06 Approving the acquisition plat of a part of Lot 2 of Sam's Place in the
City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for Asbury
Road; Resolution No. 372-06 Approving the acquisition plat of a part of Lot 1 of Sam's Place in the
City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for Asbury
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Road; and Resolution No. 373-06 Approving the acquisition plat of a part of Lot 1 of Church Place
NO.2 in the City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for
Asbury Road. Seconded by Connors. Motion carried 7-0.
Dubuque Main Street, Ltd.: City Manager recommending approval of an agreement between the
Iowa Department of Economic Development, the City of Dubuque, and Dubuque Main Street for the
purpose of continuing the Main Street Program in Dubuque, upon motion received and filed.
Michalski moved adoption of Resolution No. 374-06 of support and financial commitment for the Main
Street Program in Dubuque. Seconded by Connors. Motion carried 7-0.
Collective Bargaining Agreement: City Manager recommending approval of a collective bargaining
agreement between the City of Dubuque and the Teamsters Local Union No. 421, upon motion
received and filed. Cline moved adoption of Resolution No. 375-06 Approving the agreement
between the City of Dubuque, Iowa, and the Teamsters Local Union No. 421 and authorizing the
Mayor to sign the agreement. Seconded by Connors. Motion carried 7-0.
Carnegie Stout Public Library: Communications in support of the restoration and renovation plans
of the Carnegie Stout Public Library, upon motion received and filed.
Iowa Department of Transportation: Notification from the Iowa Department of Transportation that a
HMA (Hot Mix Asphalt) Joint and Crack Sealing Project on US 20 from Old Highway Road east to the
Northwest Arterial will be let on November 21, 2006, upon motion received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: 2006 Grandview
Avenue Concrete Section Repair Project and Northwest Arterial Hike/Bike Trail Phase I Project, upon
motion received and filed.
Business License Refund: Refund of Isabella's at the Ryan House, LLC liquor license in the amount
of $168.75, upon motion received and filed and approved refund.
Liquor License Transfer: Transfer of the liquor license of the Rotary Club of Dubuque from the
Grand Opera House to the Port of Dubuque for the Rock and Soul Reunion II, upon motion received
and filed and approved transfer.
Business Licenses: Cline moved adoption of Resolution No. 376-06 Granting the issuance of two
new permits to sell cigarettes and cigarette papers within the City of Dubuque; Resolution No. 377-
06 Granting the issuance of two renewal permits to sell cigarettes and cigarette papers within the City
of Dubuque; Resolution No. 378-06 Granting the issuance of a Class "B" Beer (5-Day Special Event)
Beer Permit to Riverfest and a Class "C" Beer Permit to CSC Gas, Inc., Rainbo Oil Company, Sid's
Beverage and TFM Company and Resolution No. 379-06 Granting the issuance of a Class "C"
Beer/Liquor License to Ten Pin Tap, Total Chaos, Courtside Sports Bar/Grill, Clarke College and
Eagle's Club; and a Class "B" Wine Permit to Oky Doky #6 and Sid's Beverage. Seconded by
Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Loras College - Request to Vacate: City Manager recommending that a public hearing be set for
September 5, 2006 to consider a request from Loras College to vacate and purchase a portion of a
City-owned alley between West 16th Street and West 17th Street west of Catherine Street, upon
motion received and filed. Lynch moved adoption of Resolution No. 380-06 Of intent to vacate and
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dispose of City interest in Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of
Dubuque, Dubuque County, Iowa and set this for public hearing on Tuesday, 9/5/06, 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. Seconded by Braig. Motion carried 7-0.
Vacate Unnamed Road Off of Rosedale Avenue: City Manager recommending that a public hearing
be set for September 5, 2006 to consider vacating a portion of an unnamed street off of Rosedale
Avenue, upon motion received and filed. Lynch moved adoption of Resolution No. 381-06 of intent
to vacate and dispose of City interest in an unnamed road south of Rosedale Avenue near Glen Oak
Street to be described as Lots D, E, F and G of Rosedale Addition NO.2 in the City of Dubuque,
Dubuque County, Iowa and set this for public hearing on Tuesday, 9/5/06, 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. Seconded by Braig. Motion carried 7-0.
Fourth Street Extension Vacating: City Manager recommending that a public hearing be set for
September 5, 2006 to consider vacating the Fourth Street Extension to reconstruct the street in this
area to provide access to the Shot Tower and parking areas adjacent to the brewery, upon motion
received and filed. Lynch moved adoption of Resolution No. 382-06 of intent to vacate Lot W in
Dubuque Harbor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa,
and set this for public hearing on Tuesday, 9/5/06, 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.
Seconded by Braig. Motion carried 7-0.
Voluntary Annexation Request: City Manager recommending that a public hearing be set for
September 18, 2006 to consider a request from Dubuque Bank and Trust to voluntarily annex
property located at 2690 Rockdale Road into the City of Dubuque in conjunction with rezoning to C-3
General Commercial District, upon motion received and filed and set public hearing for 9/18/06 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.
Asbury Road Eastbound Lane Widening Project: City Manager recommending initiation of the public
bidding process for the Asbury Road Eastbound Lane Widening Project and that a public hearing be
set for September 18, 2006, upon motion received and filed. Lynch moved adoption of Resolution
No. 383-06 Preliminary approval of plans and specifications; Resolution No. 384-06 Setting date of
hearing on plans and specifications for 9/18/06 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. 385-06 Ordering bids. Seconded by Braig. Motion carried 7-0.
Pyatigorsk Park Parking Lot Project: City Manager recommending initiation of the public bidding
process for the Pyatigorsk Park Parking Lot Project and that a public hearing be set for September
18, 2006, upon motion received and filed. Lynch moved adoption of Resolution No. 386-06
Preliminary approval of plans and specifications; Resolution No. 387-06 Setting date of hearing on
plans and specifications for 9/18/06 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. 388-06 Ordering bids. Seconded by Braig. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
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Housing Commission: (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and
Grant) Additional Applicants: Linda Frommelt, Rachel M. Savage Ms. Frommelt and Ms. Savage
both spoke requesting consideration for appointment.
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Commission (One 1-year youth term - term of Miller)
Applicant: Claire Miller Upon motion Claire Miller reappointed to a one year term which will expire
6/1/07.
Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09 - term of
Hingtgen) Applicant: Doris M. Hingtgen Upon motion Doris M. Hingtgen reappointed to a three
year term to expire on 8/17/09.
Housing Commission (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and
Grant and one 3-year Section 8 term through 8/17/09 - term of Plein) At-Large Applicants: Dorothy
A. Culbertson, Jim Holz and additional applicants: Linda Frommelt and Rachel M. Savage. Vote on
the appointments was as follows: Michalski voted for Culbertson, Holz and Savage. Braig voted for
Culbertson, Holz and Savage. Buol voted for Culbertson, Holz and Savage. Cline voted for
Culbertson, Holz and Savage. Connors voted for Culbertson, Holz and Frommelt. Jones voted for
Culbertson, Holz and Savage. Lynch voted for Culbertson, Frommelt and Savage. Therefore,
Dorothy A. Culbertson and Jim Holz were reappointed and Rachel M. Savage was appointed to three
year terms on the Housing Commission which will expire 8/17/09.
Section 8 Applicant: John J. Plein; Upon motion John J. Plein reappointed to a three year term on
the Housing Commission which will expire 8/17/09.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
4905 Old Highway Road - Request to Rezone: Proof of publication on notice of hearing to consider
amending Appendix A (the Zoning Ordinance) by reclassifying property located at 4905 Old Highway
Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District
as requested by David Bleile and Zoning Advisory Commission recommending approval, upon
motion received and filed.
David Bleile spoke in favor of the requested rezoning.
Ordinance No. 58-06 Amending Appendix A (the Zoning Ordinance) by reclassifying hereinafter
described property located at 4905 Old Highway Road from R-3 Moderate Density Multi-Family
Residential District to C-3 General 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 Jones.
Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded
by Braig. Motion carried 7-0.
Seippel Court - Request to Rezone: Proof of publication on notice of hearing to consider amending
Appendix A (the Zoning Ordinance) by reclassifying property located on Seippel Court from R-2 Two-
Family Residential District to CS Commercial Service and Wholesale District as requested by Brian
Lammers / Tri-State Development Company and Zoning Advisory Commission recommending
approval, upon motion received and filed.
Brian Lammers spoke in favor of the requested rezoning.
Ordinance No. 59-06 Amending Appendix A (the Zoning Ordinance) by reclassifying hereinafter
described property located on Seippel Court from R-2 Two-Family Residential District to CS
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Commercial Service and Wholesale 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 Braig.
Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded
by Jones. Motion carried 7-0.
Conlon Johnson Development LLC Development Agreement: Proof of publication on notice of
hearing to consider approval of a Development Agreement providing for the sale of 4.694 acres of
land in Dubuque Technology Park to Conlon Johnson Development LLC for construction of a 22,000
square foot office building and City Manager recommending approval, upon motion received and
filed.
Marty Johnson of Straka Johnson Architects spoke in favor of the Development Agreement and
sale.
Connors moved adoption of Resolution No. 389-06 Approving a Development Agreement providing
for the sale of Lot 4 Block 1 Dubuque Technology Park in the City of Dubuque, Iowa, according to the
recorded plat thereof and Lot 1 of Dubuque Technology Park NO.2 to Conlon Johnson Development
LLC. Seconded by Cline. Motion carried 7-0.
Expansion of First Supply LLC: Proof of publication on notice of hearing to consider approval of a
Development Agreement with First Supply LLC and the sale of five acres of land in Dubuque
Industrial Center West 5th Addition for construction of a 30,000 square foot distribution warehouse
and City Manager recommending approval, upon motion received and filed.
Dave Prahler, Vice President of First Supply, spoke in favor of the Development Agreement and
sale.
Connors moved adoption of Resolution No. 390-06 Approving a Development Agreement providing
for the sale of Lot 1 of 3 of Dubuque Industrial Center West 5th Addition in the City of Dubuque,
Iowa, to First Supply, LLC. Seconded by Michalski. Motion carried 7-0.
Greater Downtown Urban Renewal Plan: Proof of publication on notice of hearing to consider an
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to
extend the boundaries of the District and City Manager recommending approval, upon motion
received and filed.
Rhodes "Bud" Isenhart, 8968 Quail Ridge Court, spoke objecting to the proposed use of TIF funds.
Clarification of proposed plans concerning the Federal Building and parking issues was given by City
Manager Michael C. Van Milligen and Economic Development Director David Heiar.
Jones moved adoption of Resolution No. 391-06 Approving the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Michalski. Motion
carried 7-0.
Flora Pool Painting Project: Proof of publication on notice of hearing to consider adoption of the
plans and specifications for the Flora Pool Painting Project and City Manager recommending award
of the contract to Fred Jackson Tuckpointing, Inc. in the amount of $50,350, upon motion received
and filed. Cline moved adoption of Resolution No. 392-06 Adopting plans and specifications;
Resolution No. 393-06 Awarding contract and Resolution No. 394-06 Approving construction contract
with Fred Jackson Tuckpointing, Inc. for the Flora Pool Painting Project. Seconded by Lynch. Motion
carried 7-0.
Floodwall Pumping Facility Improvement Projects: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the Floodwall Pumping Facility Improvement
Projects and City Manager recommending award of the contract to Kluck Construction in the amount
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of $446,420.80, upon motion received and filed. Cline moved adoption of Resolution No. 395-06
Adopting plans and specifications; Resolution No. 396-06 Awarding contract and Resolution No.
397-06 Approving construction contract with Kluck Construction for the Floodwall Pumping Facility
Improvement Projects. Seconded by Lynch. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Greater Dubuque Development
Corporation, to provide a verbal report regarding the activities of GDDC.
Rick Dickinson spoke of the recent positive activities of GDDC. Upon motion the report was
received and filed.
Cottingham and Butler - Memorandum of Understanding: City Manager recommending approval of
a Memorandum of Understanding with Cottingham and Butler concerning their expansion in
downtown Dubuque with significant renovations of the Security Building located at 151 West 8th
Street and the former House of China Building located at 803 Main Street, upon motion received and
filed. Cline moved adoption of Resolution No. 398-06 Approving a Memorandum of Understanding
with Cottingham and Butler for an expansion in downtown Dubuque. Seconded by Jones. Motion
carried 7-0.
Cedar Lake East Third Addition: Zoning Advisory Commission recommending approval of the final
plat of Cedar Lake East Third Addition, upon motion received and filed. Cline moved adoption of
Resolution No. 399-06 Approving plat of survey of Lot 1-2 and Lot A-2 of Cedar Lake East Third
Addition in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0.
Asbury Plaza Business Park First Addition: City Manager recommending approval of the final plat of
Asbury Plaza Business Park First Addition, upon motion received and filed. Lynch moved adoption
of Resolution No. 400-06 Approving the final plat of Asbury Plaza Business Park First Addition in the
City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0.
Riverside Boat Pier Grant: City Manager recommending approval of the submittal of a Tier 2
Boating Infrastructure Grant application to the Iowa Department of Natural Resources and further
recommending City Council approval of the revised project budget in the amount of $5,088,950, of
which $1,088,950 would be the City of Dubuque's local match, upon motion received and filed. Cline
moved adoption of Resolution No. 401-06 Authorizing an application for a Boating Infrastructure
Grant for the Riverside Boat Pier Project at the Port of Dubuque. Seconded by Michalski. Motion
carried 7-0.
Unified Development Code: City Manager recommending approval of the proposed committees for
the Unified Development Code process, upon motion received and filed and approved
recommendation.
Sustainable Communities: Information from the American Institute of Architects regarding the
Sustainable Design Assessment Team (SDAT) program, upon motion received and filed and directed
that the application be submitted.
Code of Ordinance Update: City Manager requesting City Council direction on the next phase of
the update of the City's Code of Ordinances, upon motion received and filed and directed that those
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chapters with basic "clean-up" changes and changes to bring the Code of Ordinances into
compliance with the State of Iowa Code be brought back for approval. It was further directed that
those Chapters requiring Council direction be brought back one or two chapters at a time as an
Action item on future agendas and that the entire proposed revisions to the Code be provided to the
Council on a CD.
COUNCIL MEMBER REPORTS
Buol shared that the staff of a recent Congressional visit was very impressed with Dubuque's
development.
At 7:57 P.M. upon motion it was resolved to go into Closed Session: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)U) 2005 Code of Iowa.
At 8:14 P.M. Council reconvened regular session stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:15 P.M.
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Vanne F. Schneider, CMC
City Clerk
1t 8/30
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