9 18 06 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, September 18, 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, Assistant City Attorney O'Brien
Mayor Buol read the call and stated this is a regular session of the City Council called for the
purpose of discussing such matters which may properly come before the Council.
Invocation was given by Reverend Melissa Warren Spoerl, Spiritual Care Coordinator of Hospice of
Dubuque
Proclamations: Constitution Week (September 17 - 23, 2006) received by Eileen Coursey;
Employ Older Workers Week (September 24 - 30, 2006) received by Sandy Johnson of AARP
Senior Employment; Irish Hooley Day (September 24, 2006) received by Ann Schroeder and the
Claddaugh Dancers: Kerry Blodgett, Danika Carstens, Molly O'Hara, and Erin Schroeder; World
Wide Day of Play (September 30, 2006); Crop Walk Day in Dubuque (October 1, 2006) received by
Dorothy Krayer; Mental Health Association Day (October 12, 2006) received by John Curtis;
Disability Employment Awareness Month (October, 2006) received by Mary Lynn Revoir of Iowa
Workforce Development and Nancy Everman of the Dubuque County Extension Office.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 8/26; City Council of 8/29, 8/30 and 9/5;
Electrical Code Board of 7/26; Zoning Advisory Commission of 9/6, upon motion received and filed.
Proof of publication of List of Claims and Summary of Revenues for month ending July 31, 2006,
upon motion received and filed.
Printed Council Proceedings for month of March, 2006, upon motion received and filed and
approved as printed.
Notice of Claims/Suits: Theresa M. Clasen for vehicle damage; David and Judith Tully for vehicle
damage; J. Thomas Zaber, et al vs. City of Dubuque, 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: Theresa M. Clasen for vehicle damage,
upon motion received and filed and concurred.
City Attorney recommending that the claim of Judith Tully be referred to Selco, Inc., upon motion
received and filed and concurred.
Fiscal Year 2006 Street Finance Report: City Manager recommending approval of the City of
Dubuque's Fiscal Year 2006 Street Finance Report for submittal to the Iowa Department of
Transportation, upon motion received and filed. Cline moved adoption of Resolution No. 432-06
Approving the City of Dubuque Fiscal Year 2006 Street Finance Report. Seconded by Lynch. Motion
carried 7-0.
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Federal Recreation Trail Grant: City Manager recommending approval of an application to the Iowa
Department of Transportation for a Federal Recreational Trails grant in the amount of $342,000 for
Phase 2 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail Project, upon motion received and filed.
Cline moved adoption of Resolution No. 433-06 Approving the submittal of an application for Federal
Recreational Trails Program Funding to the Iowa Department of Transportation for Phase 2 of the
Iowa 32 (Northwest Arterial) bike/hike trail. Seconded by Lynch. Motion carried 7-0.
McGraw-Hili Storm Sewer Extension: City Manager recommending approval to negotiate a contract
with WHKS & Company for a lump sum fee of $8,700 for engineering and survey services to facilitate
the timely design of the storm sewer to be extended to the west from Bell Street, south of the
McGraw-Hili property and north of 5th Street, upon motion received and filed and approved
recommendation.
Certified Local Government (CLG) Grant: City Manager transmitting the final version of the grant
application to the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local Government
(CLG) Grant to conduct the Phase I Archeological Survey at Four Mounds Estates, upon motion
received and filed and approved recommendation.
Community Development Block Grant Report: City Manager submitting the United States
Government Accountability Office report to Congressional Committees regarding Community
Development Block Grants, which mentions the City's Heartland Financial project, upon motion
received and filed.
Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending
approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of
July 1, 2005 through June 30, 2006, which is required by the regulations governing the Community
Development Block Grant (CDBG) Program, upon motion received and filed. Cline moved adoption
of Resolution No. 434-06 Authorizing the submission of a Consolidated Annual Performance and
Evaluation Project Report (CAPER) for the period commencing July 1, 2005 and concluding June 30,
2006. Seconded by Lynch. Motion carried 7-0.
Dubuque Metropolitan Area Solid Waste Agency: City Manager recommending approval of the
Administration, Operation and Maintenance of Solid Waste Facilities and Services Agreement with
the Dubuque Metropolitan Area Solid Waste Agency, upon motion received and filed. Cline moved
adoption of Resolution No. 435-06 Approving Administration, Operation and Maintenance Agreement
between the City of Dubuque and the Dubuque Metropolitan Area Solid Waste Agency. Seconded by
Lynch. Motion carried 7-0.
Comprehensive Solid Waste Management Plan Update: City Manager recommending concurrence
and approval of the Dubuque Metropolitan Area Solid Waste Agency's 2006 Comprehensive Solid
Waste Management Plan Update, upon motion received and filed. Cline moved adoption of
Resolution No. 436-06 Approval of the Dubuque Metropolitan Area Solid Waste Agency's
Comprehensive Solid Waste Management Plan Update. Seconded by Lynch. Motion carried 7-0.
Targeted Jobs Withholding Tax Credit Application: City Manager recommending approval of a
Resolution of Support and an application to the Iowa Department of Economic Development for the
Targeted Jobs Withholding Tax Credit Program for pilot project status, upon motion received and
filed. Cline moved adoption of Resolution No. 437-06 Endorsing an application for the Iowa
Department of Economic Development Targeted Jobs Withholding Tax Credit Program. Seconded
by Lynch. Motion carried 7-0.
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409 Burch Street (Tabled from July 17, 2006 Meeting): City Manager recommending that this item
be re-tabled to October 16, 2006, upon motion received and filed and re-tabled to the 10/16/06
Council Meeting.
Klauer Manufacturing Company: City Manager recommending that the City Council receive and file
the acknowledgement executed by him for the five year lease extension between the City and Klauer
Manufacturing Company for the period December 1, 2006 through November 30, 2011, upon motion
received and filed.
Citizen Communication: Communication from Tim Patterson, 1882 White Street, requesting that
the City enact an ordinance to allow urban chickens within the City limits, upon motion received and
filed and referred to the City Manager.
Purchase of Property: City Manager recommending approval to purchase a residential dwelling
located at 1721 Elm Street to be used for the parking lot next to the new Community Health Center,
upon motion received and filed. Cline moved adoption of Resolution No. 438-06 Approving the
acquisition of real estate located at 1721 Elm Street in the City of Dubuque. Seconded by Lynch.
Motion carried 7-0.
Key City Properties, LLC - Preliminary Plat: Zoning Advisory Commission recommending approval
of the preliminary plat of property located on North Cascade Road in Dubuque County, Iowa as
requested by Mike Stecher/Key City Properties, LLC, upon motion received and filed and approved
recommendation.
Human Rights Commission: Communication from Dave Loney resigning his position on the Human
Rights Commission effective September 11, 2006, upon motion received and filed.
Distinguished Budget Presentation Award: City Manager advising that the City has been notified by
the Government Finance Officers Association of the United States and Canada that we are the
recipient of the Distinguished Budget Presentation Award, upon motion received and filed and
thanked Budget Director Dawn Lang and congratulated City Staff.
Dubuque County Historical Society: City Manager recommending that the City Council approve a
resolution of support for the Dubuque County Historical Society's application to Vision Iowa for $5
million to develop the RiverMax Theater and Great Rivers Center at the former Adams Company site,
upon motion received and filed. Cline moved adoption of Resolution No. 439-06 Endorsing
application. Seconded by Lynch. Motion carried 7-0.
First Supply, LLC: City Attorney recommending approval of a Construction Work and Tenants
Affidavit and Recording Gap Indemnity for First Supply, LLC and authorize the Mayor to sign the
documents, upon motion received and filed and approved recommendation.
Contracts: Contracts the City Manager has signed: Port of Dubuque Design Review Approval Letter;
Contract Amendment - Shot Tower Archeological Investigation, upon motion received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Flora Pool Painting
Project; Floodwall Pumping Facility Improvement Projects, upon motion received and filed.
Business Licenses: Cline moved adoption of Resolution No. 440-06 Granting the issuance of one
new license to sell cigarettes and cigarette papers within the City to Ron's Discount
Smokes/Beverage; Resolution No. 441-06 Granting the issuance of a Class "B" Beer (Five-Day
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Special Event) to Dubuque Jaycees; and Class "C" Beer Permit to Ron's Discount Smokes and Eagle
Country Market; and Resolution No. 442-06 Granting the issuance of a Class "B" Liquor License to
Hilton Garden Inn/Houlihan's; Class "B" Beer/Liquor License to Los Aztecas Mexican Restaurant,
Carlos O'Kelly's, The Grand Tap, Bulldog Billiards, Happy's Place, A & B Tap, Fat Tuesday's,
National Mississippi River Museum; and Class "B" Wine Permit to Eagle Country Market. Seconded
by Lynch. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Fiscal Year 2007 Budget Amendment: City Manager recommending that a public hearing be set for
October 2, 2006 to consider approval of the first amendment to the Fiscal Year 2007 budget, upon
motion received and filed. Cline moved adoption of Resolution No. 443-06 Setting the date for the
public hearing on Amendment No. 1 to the Fiscal Year 2007 budget for the City of Dubuque for
10/2/06 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 Lynch. Motion carried 7-0.
Eagle Point Park Concrete Work Project: City Manager recommending initiation of the public
bidding process for the Eagle Point Park Concrete Work Project and that a public hearing be set for
October 16, 2006, upon motion received and filed. Cline moved adoption of Resolution No. 444-06
Preliminary approval of plans and specifications; Resolution No. 445-06 Setting date of hearing on
plans and specifications for 10/16/06 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. 446-06 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:
Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old Main
District and one unexpired three-year term through 7/1/08 - Langworthy District)
Application: Robert McCoy - Old Main District No one spoke.
Appointments to the following Boards/Commissions:
Airport Commission (One four-year term through 9/14/10 - Term of Accinelli) Applicants: Steven
R. Accinelli, Eric R. Savage Vote on the appointment was as follows: Braig voted for Savage;
Buol voted for Accinelli; Cline voted for Accinelli; Connors voted for Accinelli; Jones voted for
Accinelli; Lynch voted for Accinelli; Michalski voted for Savage. Therefore, Steven R. Accinelli was
reappointed to a four year term on the Airport Commission which will expire 9/14/10.
Environmental StewardShip Advisory Commission (One vacant three-year term through 10/1/09)
Applicant: Gayle Casel Upon motion Gayle Casel was appointed to a three year term which will
expire 10/1/09.
Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old Main
District and one unexpired three-year term through 7/1/08 - Langworthy District) Applicant: Keisha
Wainwright - Langworthy District. Michalski moved that Keisha Wainwright fill the Langworthy
District vacancy and Robert McCoy fill the Old Main District vacancy for terms that will expire 7/1/08
on the Historic Preservation Commission. Seconded by Braig. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
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2690 Rockdale Road - Request for Voluntary Annexation I Rezoning: Proof of publication on notice
of hearing to consider a request from Dubuque Bank and Trust Company to rezone property located
at 2690 Rockdale Road from County B-1 Business District to City C-3 General Commercial District in
conjunction with annexation to the City of Dubuque and Zoning Advisory Commission recommending
approval and City Manager recommending approval of the voluntary annexation request of Dubuque
Bank and Trust for property located at 2690 Rockdale Road, in conjunction with rezoning, upon
motion received and filed. Ordinance No. 61-06 Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2690
Rockdale Road from County B-1 Business District to City C-3 General Commercial District concurrent
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 Jones. Motion carried 7-0. Connors
moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0.
Connors moved adoption of Resolution No. 447-06 Approving application for voluntary annexation of
territory to the City of Dubuque, Iowa. Seconded by Braig. Motion carried 7-0.
1098 Jackson Street - Request to Rezone: Proof of publication on notice of hearing to consider a
request from Mary and Stuart Mabusth to rezone property located at 1098 Jackson Street from HI
Heavy Industrial District to C-4 Downtown Commercial District and Zoning Advisory Commission
recommending approval, upon motion received and filed. Ordinance No. 62-06 Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located at 1098 Jackson Street from HI Heavy Industrial District to C-4 Downtown
Commercial District, 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. Seconded by Braig. Motion carried 7-0. Lynch
moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0.
1331 Rockdale Road - Request to Rezone: Proof of publication on notice of hearing to consider a
request from Chad Leitch I Garry and Jeanne Heiar to rezone property located at 1331 Rockdale
Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District and Zoning
Advisory Commission recommending approval, upon motion received and filed.
Garry Heiar, 1443 Rockdale Road, spoke in support of the rezoning request.
Ordinance No. 63-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 1331 Rockdale Road from R-1
Single-Family Residential District to R-2 Two-Family Residential 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.
Pyatigorsk Park Parking Lot Project: Proof of publication of notice of hearing to consider adoption of
the plans and specifications for the Pyatigorsk Park Parking Lot Project and City Manager
recommending award of the contract to River City Paving in the amount of $40,700, upon motion
received and filed. Cline moved adoption of Resolution No. 448-06 Adopting plans and
specifications; Resolution No. 449-06 Awarding contract; and Resolution No. 450-06 Approving
construction contract with River City Paving for the Pyatigorsk Park Parking Lot Project. Seconded
by Connors. Motion carried 7-0.
Asbury Road Eastbound Lane Widening Project: Proof of publication of notice of hearing to
consider adoption of the plans and specifications for the Asbury Road Eastbound Lane Widening
Project and City Manager recommending award of the contract to Horsfield Construction, Inc., in the
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amount of $243,054.80. upon motion received and filed. Cline moved adoption of Resolution No.
451-06 Adopting plans and specifications; Resolution No. 452-06 Awarding contract; and Resolution
No. 453-06 Approving construction contract with Horsfield Construction, Inc., for the Asbury Road
Eastbound Lane Widening Project. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
German Bank Building: City Manager recommending approval of a letter of commitment for a
Downtown Rehabilitation Loan of $300,000, a $10,000 fayade grant and a $10,000 design grant for
John Gronen, Michael Steele and Steve Althoff to support their rehabilitation of the former German
Bank Building at 342 Main Street, upon motion received and filed. Cline moved adoption of
Resolution No. 454-06 Authorizing a Letter of Commitment and additional actions concerning a
Downtown Rehabilitation Loan to the German Bank Project. Seconded by Jones. Motion carried 7-0.
Hartig Realty Development Agreement: City Manager recommending approval of a Development
Agreement for Hartig Realty to support the rehabilitation of the former Hartig Drug Store at 703 Main
Street, upon motion received and filed. Cline moved adoption of Resolution No. 455-06 Approving a
Development Agreement for the former Hartig Drug Store project. Seconded by Lynch. Motion
ca rried 7-0.
Dubuque County Friends of Extension: Communication from Richard and Esther Farnum, Co-
Chairs of Dubuque County Friends of Extension, requesting a resolution of support from the City
Council for passage of Public Measure D on the November 7th ballot, upon motion received and filed
communication and direct that a resolution of support be drafted.
Esther Farnum spoke clarifying the request.
Environmental Stewardship Advisory Commission: Communication from Michael Buelow, Chair of
the Environmental Stewardship Advisory Commission, recommending that two additional youth
representatives be added to the membership of the Commission, upon motion received and filed and
approved request to add two additional Youth members.
Iowa Great Places Application: City Manager recommending approval of a Resolution of Support
for the Iowa Great Places Application, upon motion received and filed. Connors moved adoption of
Resolution No. 456-06 Authorizing an application to the Iowa Department of Cultural Affairs for an
Iowa Great Places Grant. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBERS' REPORTS
Michalski shared that the Washington Street Neighborhood block party was a great event. Buol
stated that over 900 students would be involved the "Science in the Schools" on Tuesday,
September, 19, 2006 in partnership with the US Conference of Mayors.
There being no further business, upon motion meeting adjourned at 7:30 P.M.
/1d~-f~~~~
0;;~ne F. Schneider, CMC
City Clerk
1t 9/27
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