Minutes City Council 10 16 06
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, October 16, 2006
Council met in Special Session at 5:30 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 receiving a presentation from the Library Board of Trustees.
Alan Avery, President of the Library Board of Trustees, introduced Kurt Saterbak of Saterbak and
Associates, Janesville WI, who gave a detailed presentation on the proposed renovation to the
Carnegie Stout Public Library and the necessary funding. Council discussed the presentation and
requested that another work session be scheduled to further discuss the project and the amount of
City funding that could be committed. The final decision on funding would be made through the
Fiscal Year 2008 budget process.
There being no further business, upon motion meeting adjourned at 6:31 P.M.
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City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 16, 2006
Council met in Regular Session at 6:30 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 City Council.
Invocation was given by Reverend Tom Mason, Captain of the Salvation Army
Proclamations: Save for Retirement Week (October 22 - 28, 2006) received by City Personnel
Director Randy Peck; Philanthropy Day received by Katharine Yarnell.
CONSENT ITEMS
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Minutes and Reports Submitted: City Council of 10/2 and 10/10; Environmental Stewardship
Advisory Commission of 9/5, 9/20 and 10/3, Housing Commission of 9/26; Human Rights
Commission of 8/18 and 9/11; Library Board of Trustees of 7/27, 8/24, 8/28, and 9/8; Long Range
Planning Advisory Commission of 9/20; Mechanical Board of 10/11; Park and Recreation
Commission of 9/12; Plumbing Board of 10/10; Zoning Advisory Commission of 10/2; Zoning Board
of Adjustment of 9/28, upon motion received and filed.
Proofs of publication of City Council Proceedings of 9/18/06 and List of Claims and Summary of
Revenues for month ending August 31,2006, upon motion received and filed.
Notice of Claims/Suits: Debra Curiel for personal injury; First Supply, LLC for property damage;
Jean Heim for vehicle damage; Tyler Kohl for vehicle damage; Nationwide Advantage Mortgage
Company vs. Housing Services Department Lead Paint Hazard Reduction Program, et ai, 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: Debra Curiel for personal injury,
First Supply LLC for vehicle damage, and Ken Kohl for vehicle damage, upon motion received and
filed and concurred.
City Attorney recommending that the claim of Jean Heim for vehicle damage be referred to Selco,
Inc., upon motion received and filed and concurred.
Franchise Fee Litigation: City Attorney Barry A. Lindahl recommending approval to retain the law
firm of Ahlers & Cooney, P.C. to represent the City in the franchise fee litigation process, upon
motion received and filed and approved recommendation.
Tri-State Trail Vision: Communication from the Board of Directors of the Tri-State Trail Vision, a
non-profit group formed by the Envision 2010 Integrated Hike-Bike Trails Commission, requesting
that the City include in the Fiscal Year 2008 a cost and feasibility study for a hiking-biking trail
along the middle fork of Catfish Creek, upon motion received and filed and referred to the City
Manager.
Final Plat - US Highway 52: Zoning Advisory Commission recommending approval of the final
plat of Lot 1-2 and 2-2 of the West Y, of the SE Y. Section 17, T88N R3E located on US Highway
52, Dubuque County as requested by Kenneth Lochner, upon motion received and filed. Cline
moved adoption of Resolution No. 499-06 Approving the final plat of Lot 1-2 and 2-2 of the West Y,
of the SE Y. Section 17, T88N R3E located on US Highway 52, Dubuque County. Seconded by
Lynch. Motion carried 7-0.
Plat of Survey - Cedar Lakes Subdivision: Zoning Advisory Commission recommending approval
of the Plat of Survey of Lot 1-2 and A-2 of Cedar Lake East Third Addition as requested by Gibbs
Construction, upon motion received and filed. Cline moved adoption of Resolution No. 500-06
Approving Plat of Survey of Lot 1-2 and A-2 of Cedar Lake East Third Addition in the City of
Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0.
Requests to Purchase:
Communication from Richard Harrison, 801 Rising Street, requesting to purchase a portion of a
City-owned street/alley abutting his property, upon motion received and filed and referred to the
City Manager.
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Communication from Tim Schmit II requesting to purchase a portion of a City-owned streeUalley
abutting his property at 650 Kane Street, upon motion received and filed and referred to the City
Manager.
Communication from Jason "Jake" Schneider requesting to purchase a portion of a City
streeUalley abutting his property on Kelly Lane, upon motion received and filed and referred to the
City Manager.
Friends of the Mines of Spain: Communication from Douglas G. Olk, president of the Board of
Directors of Friends of the Mines of Spain, requesting a letter of support regarding the City's
financial commitment for their expansion project, upon motion received and filed and referred to
the City Manager with the vocal support of Council Members Connors and Michalski.
Iowa Individual Health Benefit Reinsurance Assessment: City Manager recommending approval
of the expenditure of $38,182.13 to the Iowa Individual Health Benefit Reinsurance Association for
the City's Iowa Individual Health Benefit Reinsurance Assessment, upon motion received and filed
and approved recommendation.
Downtown Dubuque Master Plan - Consultant Selection: City Manager recommending approval
of the selection of Community Land Use and Economics Group (CLUE) to perform services related
to implementation of the Downtown Master plan, at a cost not to exceed $47,200, upon motion
received and filed and approved recommendation.
409 Burch Street (Tabled from September 18, 2006 Meeting): City Manager recommending that
this item be retabled to November 6, 2006, upon motion received and filed and re-tabled to the
Council Meeting of November 6, 2006. Council Member Connors questioned the constant re-
tabling of this matter and the City Manager responded that the Housing Department will meet with
the owner to expedite progress on the rehabilitation of this property.
Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the
September 2006 Comprehensive Plan Update, upon motion received and filed.
Human Rights Commission: James L. Jarrard, Chair of the Human Rights Commission, advising
that Mary Gassman has resigned her position on the Commission, upon motion received and filed.
Collective Bargaining Agreement: City Manager recommending approval of a two-year collective
bargaining agreement between the Teamsters Local Union No. 421 (Bus Operators) and the City
of Dubuque for the contract period beginning July 1, 2006, upon motion received and filed. Cline
moved adoption of Resolution No. 501-06 Approving the agreement between the City of Dubuque,
Iowa and the Teamsters Local Union No. 421 (Bus Operators) and authorizing the Mayor to sign
the agreement. Seconded by Lynch. Motion carried 7-0.
Application for HUD Lead-Based Paint Hazard Control Grant: City Manager recommending
approval of the submission of a Lead Demonstration Grant Application to HUD through the
Dubuque County Board of Health, upon motion received and filed and approved recommendation.
Economic Development Loan - Sedgwick Claims Management Services, Inc.: City Manager
recommending approval of an Economic Development Loan of $100,000 to Sedgwick Claims
Management Services to provide the local match for a State of Iowa Community Economic
Betterment Loan Agreement (CEBA) loan, upon motion received and filed. Cline moved adoption
of Resolution No. 502-06 Approving an Economic Development Loan of One Hundred Thousand
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Dollars ($100,000) to Sedgwick Claims Management Services, Inc. Seconded by Lynch. Motion
carried 7-0.
Dubuque Industrial Center West: City Manager recommending that lots in the Dubuque Industrial
Center West be subdivided to accommodate the land sale to P & L Venture, LLC (National Dentex
- Oral Arts, Inc.), upon motion received and filed. Cline moved adoption of Resolution No. 503-06
Approving plat of survey Lot A and Lot B of Lot 2 of 1 of the Dubuque Industrial Center West 6th
Addition in the City of Dubuque, Iowa, and Resolution No. 504-06 Approving Plat of Survey Lot 1
and Lot 2 of Lot B, Dubuque Industrial Center West 6th Addition in the City of Dubuque, Iowa.
Seconded by Lynch. Motion carried 7-0.
The following item was removed from the Council Agenda: Mini Bus Contracted Services: City
Manager recommending that the contracts for mini bus service with Mt. Saint Francis, Sunnycrest,
and Area Residential Care be transferred from Keyline to the Regional Transportation Authority
(RTA).
Housing Commission: Communication from Harry F. Neustadt submitting his resignation from the
Housing Commission and his liaison positions with the Community Development Advisory
Commission and the Housing Advisory Trust Fund Committee, effective immediately, upon motion
received and filed and accepted with regret and appreciation for the many years of service and
also expressed best wishes to Mr. Neustadt.
Citizen Communication: Communication from Robert Park, 2939 Brandywine Park Drive, voicing
concerns about the lack of sidewalks on portions of John F. Kennedy Road and West 32nd Street,
upon motion received and filed and referred to the City Manager and requested a report back to
Council on this matter.
Centers for Disease Control and Prevention - Fluoridation Recognition: City Manager advising
that the Centers for Disease Control and Prevention (CDC) have recognized the City of Dubuque
Water Department for their performance regarding fluoridation, upon motion received and filed.
American Water Works Association: City Manager advising that the American Water Works
Association has recognized the City of Dubuque Water Department for 100 years of service and
has inducted the department into the Association's 100 Year Club, upon motion received and filed.
Signed Contracts: A Y McDonald Park Change Orders and Fire Headquarters - Sidewalk
Replacement Project, upon motion received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Highway 20
Landscaping Project, Phase II Project and Loras Boulevard Traffic Signalization Replacement
Project, upon motion received and filed.
Rotary Club of Dubuque: Application of the Rotary Club of Dubuque to transfer their liquor license
from the Grand Opera House at 135 West 8th Street to 1000 Jackson Street on October 28, 2006,
upon motion received and filed and approved transfer.
Business Licenses: Michalski voiced concern about one business with a pending liquor license
that has twenty-five violations and then moved adoption of Resolution 505-06 Granting the
issuance of a Class "C" Beer/Liquor License to Dog House Lounge, One Flight Up, Rainbow
Lounge, Channel Inn, Europa Haus Restaurant and Bierstube, Yen Ching Restaurant, and
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Fountain Park Event Center; Special Class "C" Liquor License to Jamies Wine Studio of Dubuque;
and a Class "B" Wine Permit to Jamies Wine Studio of Dubuque. Seconded by Braig. Motion
carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Residential Parking Permit District: City Manager recommending that a public hearing be set for
November 6, 2006 to consider approval of a request to establish a Residential Parking Permit
District on Hansel Drive between Keystone Drive and Keymont Drive, upon motion received and
filed. Cline moved adoption of Resolution No. 506-06 Setting a public hearing on establishing a
Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont Drive and set
this for public hearing on 11/6/06 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 Jones. Motion carried 7-0.
Crescent Community Health Center - Request to Vacate: City Manager recommending that a
public hearing be set for November 6, 2006 to consider approval of a request to vacate and
dispose of the alley between Washington Street and Elm Street from 17th to 18th Streets, upon
motion received and filed. Cline moved adoption of Resolution No. 507-06 Of intent to vacate and
dispose of City interest in Lot 159A and 159B of "East Dubuque" Addition in the City of Dubuque,
Dubuque County, Iowa and set this for public hearing on 11/6/06 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 Jones. Motion carried 7-0.
Fiscal Year 2007 Budget Amendment: City Manager recommending that a second public hearing
on the Fiscal Year 2007 First Budget Amendment be set for November 6, 2006 due to an error in
the original documents, upon motion received and filed. Cline moved adoption of Resolution No.
508-06 Setting the date for the public hearing on Amendment #1 to the Fiscal Year 2007 Budget
for the City of Dubuque with the date of public hearing set for 11/6/06 at a meeting to be
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 Jones. Motion carried 7-0.
P & L Venture, LLC (National Dentex - Oral Arts, Inc.) Land Sale and Development Agreement:
City Manager recommending that a public hearing be set for November 6, 2006 to consider the
sale of approximately three (3) acres of land in the Dubuque Industrial Center West to P & L
Venture LLC (National Dentex - Oral Arts, Inc.) and a Development Agreement between the City
of Dubuque and P & L Venture, LLC (National Dentex - Oral Arts, Inc.), upon motion received and
filed. Cline moved adoption of Resolution No. 509-06 Of Intent to dispose of an interest in City of
Dubuque real estate and fixing the date for a public hearing of the City Council of the City of
Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations
and the execution of a Development Agreement relating thereto with P & L Venture, LLC (National
Dentex - Oral Arts, Inc.), and providing for the publication of notice thereof, and set this for public
hearing on 11/6/06 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 Jones.
Motion carried 7-0.
BOARDS/COMMISSIONS
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Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Human Rights Commission (Two unexpired terms - terms of Loney and Gassman)
Applicants: Patricia Foster, Katrina Wilberding, Gretel Winterwood Ms. Gretel Winterwood
spoke requesting consideration for appointment. Council Member Michalski shared that Katrina
Wilberding had contacted her stating she would be unable to attend this meeting but was
interested in serving.
Appointment to the following Commission:
Cable TV Teleprogramming Commission (Three 3-year terms through 6/30/09 - Term of Tigges
and two vacancies) Applicant: Jennifer Tigges Upon motion Jennifer Tigges reappointed to a
three year term which will expire 6/30/09.
PUBLIC HEARINGS
Jones moved to amend the agenda to address Action Item #4 prior to the public hearings.
Seconded by Michalski. Motion carried 7-0.
Quasi Judicial Nature of Rezonings: City Attorney advising that rezoning, including rezoning to a
PUD Planned Unit Development District, is quasi-judicial in nature and, therefore, the City Council
should not have any ex parte contact with rezoning applicants, supporters or opponents or City
staff, and should not make any individual site visits, upon motion received and filed. Council
discussed the difficulty in following the specifics of this directive.
Upon motion the rules were suspended to allow anyone present to address the Council.
West 11th Street Historic District - Request to Rezone: Proof of publication on notice of hearing
to consider reclassifying property located in the West 11th Street Historic Preservation District from
R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential District and C-
1 Neighborhood Commercial District to R-2 Two-Family Residential District as requested by
Rodney Carroll, Historic Bluffs Neighborhood Association, and Zoning Advisory Commission
recommending approval with the omission of three lots at 514 Loras Boulevard (C-1) and 605/635
West 11th Street (R-3), upon motion received and filed.
Rodney Carroll, 510 West 11th Street, presented a virtual tour of the West 11th Street Historic
District and spoke in favor of the proposed rezoning. He noted the significant trend to downsizing
numerous structures in the area from multi-family dwellings to single-family homes and duplexes.
He stated that the narrow streets and limited parking in the area were not conducive to R-3 and R-
4 zoning.
John Whalen, 1105 Highland Place, gave the history of how the area became a historic district
and commented that the purpose of the proposed rezoning was not to get rid of rentals - that the
area is one of mixed use and should stay that way.
Joan Noon, 1245 Grove Terrace, spoke in favor of the rezoning and commented on the amount
of pride both homeowners and renters have in the area.
Doug Spyrison, 1295 Grove Terrace, spoke stating the proposed rezoning is going in the right
direction.
Ordinance No. 64-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located in the West 11th Street Historic Preservation
District from R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential
District and C-1 Neighborhood Commercial District to R-2 Two-Family Residential District,
presented and read. Connors moved that the requirement that a proposed Ordinance be
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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.
Asbury Plaza Shopping Center: Proof of publication on notice of hearing to consider amending
the Asbury Plaza Shopping Center PUD Planned Unit Development District to permit a second
free-standing monument style sign on outlots, not to exceed ten square feet in area and ten feet in
height as requested by Andrew Mozena, Premier Bank I Jeff Walker, Advanta Sign Company, and
Zoning Advisory Commission recommending approval, upon motion received and filed.
Jeff Stiles, Chair of the Zoning Advisory Commission, clarified the specifics of the requested sign.
Andrew Mozena of Premier Bank, spoke positively for the additional signage.
Ordinance No. 65-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque by
reclassifying hereinafter described property located at the northwest corner of Asbury Road and
the Northwest Arterial to amend Ordinance No. 44-99 that established the PUD Planned Unit
Development District for Asbury Plaza and adopting amended regulations for outlot signage,
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. Connors moved final
consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0.
Vacating Petition - River Front Subdivision NO.3: Proof of publication on notice of hearing to
consider a request from Airgas North Central, Inc. (Airgas) to vacate a portion of Kerper Boulevard
that abuts the existing Airgas facility at 2240 Kerper Boulevard and City Manager recommending
approval, upon motion received and filed. Cline moved adoption of Resolution No. 510-06
Approving plat of proposed vacated portion of Kerper Boulevard in Block 6 of River Front
Subdivision No.3; Resolution No. 511-06 Vacating a portion of Kerper Boulevard in Block 6 of
River Front Subdivision No.3, and Resolution No. 512-06 Disposing of City interest in Lot 1A,
Block 6, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa. Seconded
by Connors. Motion carried 7-0.
Eagle Point Park Concrete Work Project: Proof of publication on notice of hearing to consider
adoption of the plans and specification for the Eagle Point Park Concrete Work Project and City
Manager recommending award of the contract to Kluck Construction, Inc., in the amount of
$59,860, upon motion received and filed. Connors moved adoption of Resolution No. 513-06
Adopting plans and specifications, Resolution No. 514-06 Awarding contract, and Resolution No.
515-06 Approving construction contract with Kluck Construction, Inc. for the Eagle Point Park
Concrete Work Project. Seconded by Jones. Motion carried 7-0.
Crescent Community Health Center Parking Lot Construction Project: Proof of publication on
notice of hearing to consider adoption of the plans and specification for the Crescent Community
Health Center Parking Lot Project and City Manager recommending award of the contract to
Portzen Construction, Inc., in the amount of $100,937, upon motion received and filed. Michalski
moved adoption of Resolution No. 516-06 Adopting plans and specifications; Resolution No. 517-
06 Awarding contract, and Resolution No. 518-06 Approving construction contract with Portzen
Construction, Inc. for the Crescent Community Health Center Parking Lot Construction Project.
Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
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Convention and Visitors Bureau: Sue Czeshinski, Dubuque Area Chamber of Commerce
Convention and Visitors Bureau, to present quarterly report. Ms. Sue Czeshinski gave a
comprehensive, positive verbal report of the activities of the Convention and Visitors Bureau.
Upon motion the report was received and filed.
Main Street Iowa / Dubuque Main Street, Ltd.: Jane Seaton, Main Street Iowa (a division of the
Iowa Department of Economic Development), to provide verbal report on state program activity
and status of the local Main Street organization. Dan LoBianco, Dubuque Main Street, Ltd.,
introduced Jean Seaton, who gave a comprehensive, verbal report of the activities of Main Street
Iowa and of the positive activities of Dubuque Main Street Ltd. Upon motion the report was
received and filed.
Request to Address the City Council: Communication from Mike Heitz, 1085 University Avenue,
requesting that the City of Dubuque build a new skate park. Mr. Heitz spoke regarding the
inadequacies of the current skate park and requested that consideration be given to either
converting the rink at Allison-Henderson Park to a skate park or building a new skate park at a
different location (i.e., Flora Park or Usha Park).
Upon motion the communication and request were received and filed and referred to the City
Manager.
Boating Infrastructure Grant Application: City Manager recommending approval of a revised Tier
2 Boating Infrastructure Grant Application for the Riverside Boat Pier, upon motion received and
filed. Cline moved adoption of Resolution No. 519-06 Authorizing an application for Tier 2 Boating
Infrastructure Grant Funds for Riverside Boat Pier Project at the Port of Dubuque. Seconded by
Braig. Motion carried 7-0.
Delinquent Dog and Cat License Charges: City Manager recommending approval of an
amendment to Chapter 7 of the Code of Ordinances pertaining to delinquent dog and cat license
charges, upon motion received and filed. Ordinance No. 66-06 Amending the City of Dubuque
Code of Ordinances Section 7-34 Dogs - Expiration; Renewal; Delinquent Fee and Section 7-36
Cats - Expiration; Renewal; Delinquent Fees by extending the date when dog and cat licenses
become delinquent, 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 Cline. Motion carried 7-0. Michalski
moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0.
Ambulance Rates: City Manager recommending that he be authorized to establish rates for the
City's ambulance service, upon motion received and filed. Ordinance No. 67-06 Amending City of
Dubuque Code of Ordinances Section 23-31 Rates-Established Authorizing the City Manager to
Establish Rates for Ambulance Service, 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 Michalski. Motion
carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by
Connors. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Michalski shared that Dubuque has been recognized for its outstanding curbside refuse collection
program.
There being no further business, upon motion meeting adjourned at 9:21 P.M.
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/ Jeanne F. Schneider, CMC
City Clerk
1t 10/25
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