Minutes City Council 11 20 06
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, November 20, 2006
Council met at 5:30 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 special session of the City Council called for the
purpose of discussing the AlA Sustainable Design Assessment Team (SDAT) Application.
Planning Services Manager Laura Carstens reviewed the draft grant application and the self-
assessment checklist for the application to the American Institute of Architects (AlA) for the
Sustainable Design Assessment Team Program. Kevin Eipperle, the Durrant Group, stated that
the overall mission of the City's application is to improve quality of life. He explained that the
application is due by November 30, 2006 and eight grants will be awarded on January 5, 2007.
He further commented that the timing of the application is right as the City is currently involved
in many projects related to becoming a sustainable community. There will be two main
committees working on the program. The Local Steering Committee will be co-chaired by
Mayor Roy Buol and Durrant Group Chairman and CEO Gordy Mills, and the Technical
Commission co-chaired by Planning Services Manager Laura Carstens and Iowa AlA Chapter
president Kevin Eipperle of the Durrant Group.
There being no further business, upon motion meeting adjourned at 6:15 P.M.
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~::e F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 20, 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 Father Thomas Zinkula, Pastor, Holy Ghost Catholic Church
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CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 9/25; Arts and Cultural Affairs
Advisory Commission of 8/30 and 9/26; City Council of 11/6; Civil Service Commission of 10/13;
Housing Commission of 10/24; Human Rights Commission of 10/9; Zoning Advisory
Commission of 11/1; Zoning Board of Adjustment of 10/26, upon motion received and filed.
Library Board of Trustees Update from meetings of September 21, 28 and October 26, 2006,
upon motion received and filed.
Proofs of publication of City Council Proceedings of October 10 and 16, 2006 and List of
Claims and Summary of Revenues for Month Ended September 30, 2006, upon motion
received and filed.
Printed City Council Proceedings for May and June, 2006, upon motion received and filed and
approved as printed.
Notice of Claims/Suits: June Link, et ai, vs. City of Dubuque, et al; Tricia Vosberg-Padget for
personal injury, upon motion received and filed and referred to the City Attorney.
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: Robert L. Wagner for property
damage, upon motion received and filed and concurred.
City Attorney recommending settlement of the claim of Kmart Corporation for property damage
and directing the Finance Department to issue payment, upon motion received and filed and
approved recommendation and directed the Finance Department to issue payment.
Operation: New View Community Action Agency: Communication from M. Thomas Stovall,
Executive Director of Operation: New View Community Action Agency, requesting that the City
make appointments to the Board of Directors at the first meeting in January 2007, upon motion
received and filed.
Request to Purchase: Communication of David L. Clemens, representing Mr. and Mrs. Robert
McClain, requesting to purchase a portion of Union Avenue between Rush and Shandon
Streets (currently Florence Street), upon motion received and filed and referred to the City
Manager.
Nowata Street Reconstruction Project: City Manager recommending acceptance of the
Nowata Street Reconstruction Project as completed by McDermott Excavating, Inc. in the final
contract amount of $352,920.18 and approval of the final schedule of assessments, upon
motion received and filed. Jones moved adoption of Resolution No. 550-06 Accepting
improvement; Resolution No. 551-06 Approving final estimate, and Resolution No. 552-06
Approving the final Schedule of Assessments. Seconded by Lynch. Motion carried 7-0.
2006 Weed Assessments: City Manager recommending approval of the levy of special
assessments for the 2006 Weed Enforcement Program, upon motion received and filed. Jones
moved adoption of Resolution No. 553-06 Adopting the Schedule of Assessments for the 2006
Weed Enforcement Program specifying the number of annual installments into which
assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the Clerk to certify the Schedule of Assessments to the
County Treasurer and to publish notice thereof. Seconded by Lynch. Motion carried 7-0.
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Iowa Clean Air Attainment Program (ICAAP) Funding Approval: City Manager recommending
approval of an application to the Iowa Department of Transportation for Iowa Clean Air
Attainment Program funding for the IA 32 (Northwest Arterial) Capacity Improvements Project,
upon motion received and filed. Jones moved adoption of Resolution No. 554-06 Authorizing
the filing of an application with the Iowa Department of Transportation for Iowa Clean Air
Attainment Program (ICAAP) funding for the City of Dubuque IA 32 (Northwest Arterial)
Capacity Improvements Project
Tetra Tech, Inc. - Monitoring Well Installation: City Manager recommending approval of a
License Agreement with Tetra Tech, Inc. to install a monitoring well, soil gas point and soil
boring within City right-of-way at the property of 1545 South Grandview Avenue, upon motion
received and filed. Jones moved adoption of Resolution No. 555-06 Authorizing License
Agreement between the City of Dubuque and Tetra Tech, Inc. to install monitoring well, soil gas
point and soil boring on public right-of-way in the area of 1545 South Grandview Avenue.
Seconded by Lynch. Motion carried 7-0.
Tri-State Community Health Center: Communication from the Crescent Community Health
Center requesting a letter of support for the Tri-State Community Health Center's efforts to
obtain grant funding to establish a Federally Qualified Community Health Center (FQHC) in
Dubuque, upon motion received and filed and approved recommendation.
West End Transfer Site for KeyLine: City Manager recommending approval of an easement
agreement with William Oldfather of Oldfather Financial Services, owners of the Econo Food
property, for a bus shelter on the Econo Foods site at Kennedy Circle, upon motion received
and filed and approved.
Resolution of Support - Cottingham & Butler CEBA Application: City Manager recommending
approval of an amended Resolution of Support for the Cottingham & Butler CEBA Application,
upon motion received and filed. Jones moved adoption of Resolution No. 556-06 Rescinding
Resolution No. 468-06 and authorizing the filing of an amended Community Economic
Betterment Account (CEBA) application on behalf of Cottingham & Butler, Inc. Seconded by
Lynch. Motion carried 7-0.
28E Pool, Tattoo and Tanning Program Agreement: City Manager recommending approval of
the submission of a letter to the Iowa Department of Public Health indicating the City's interest
for a 28E Pool, Tattoo and Tanning Program agreement, upon motion received and filed and
approved recommendation.
Renewal Rates for Voluntary Dental Plan: City Manager recommending approval of the
renewal rates for the City's Voluntary Dental Plan, which is paid in full by the employees, upon
motion received and filed and approved recommendation.
Jan's Sewtique: Communication from Jan Bell, Jan's Sewtique, requesting that parking on
White Street between 8th and 9th Streets be limited to two-hours, upon motion received and
filed and referred to the City Manager.
Signed Contracts: 1934 Federal Building Renovation Design Contract; City Hall Tuckpointing
Project, upon motion received and filed.
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Business License Refund: Request of Dolores G. Weber, Ten Pin Tap, for a refund of her
Class C Liquor license in the amount of $211.25, upon motion received and filed and approved
refund.
Business Licenses: City Manager recommending approval of the annual liquor license
renewal for the Aragon tap, Grand Harbor ResortlWater, Jumpers Sports Bar/Grill, Target Store
and Plaza 20 BP/Amoco, upon motion received and filed. Jones moved adoption of Resolution
No. 557-06 Granting the issuance of a Class "C" Beer Permit to Target Store and Plaza 20
BP/Amoco, and Resolution No. 558-06 Granting the issuance of a Class "B" Liquor License to
Grand Harbor Resort; Class "c" Beer/Liquor License to Aragon Tap and Jumpers Sports
Bar/Grill; and Class "B" Wine Permit to Target Store. Seconded by Lynch. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Sewer Revenue Capital Loan Notes - $253,850: City Manager recommending that a public
hearing be set for December 6, 2006 on the proposition of issuing not to exceed $253,850 in
Sewer Revenue Capital Loan Notes for rehabilitation of sanitary sewers in connection with the
North Fork Catfish Creek Project and the Water Pollution Control Plant Study, upon motion
received and filed. Michalski moved adoption of Resolution No. 559-06 Fixing date for a
meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to
exceed $253,850 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for
publication of notice thereof, and set public hearing for 12/4/06 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.
General Obligation Capital Loan Notes - $1,889,521: City Manager recommending that a
public hearing be set for December 6, 2006 on the proposition of issuing not to exceed
$1,889,521 in General Obligation Capital Loan Notes from the State of Iowa Revolving Fund
Loan (SRF) for the Lower Bee Branch Creek Restoration Project and Upper Bee Branch Creek
Restoration Project and culvert improvements and creek restoration and stabilization
undertaken as part of the North Fork Catfish Creek Project, upon motion received and filed.
Michalski moved adoption of Resolution No. 560-06 Fixing date for a meeting on the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$1,889,521 General Obligation Capital Loan Notes of Dubuque, Iowa, and providing for
publication of notice thereof and set this for public hearing 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.
Herrig Voluntary Annexation: City Manager recommending that a public hearing be set for
December 18, 2006, to correct a typographical error in the legal description for the previously-
approved annexation of 112.10 acres owned John and Sally Jo Herrig south of Derby Grange
Road, upon motion received and filed and set public hearing for 12/18/06 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.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission: Investment Oversight Advisory Commission (One unexpired term through 7/1/08)
Applicant: Virgil Blocker
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Appointment to the following Commission:
Housing Commission (One Unexpired three-year term through 8/17/08) Applicant: Linda
Frommelt
Upon motion Linda Frommelt appointed to the Housing Commission for an unexpired three
year term which will expire 8/17/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Greg Adams/Stewart Construction, Inc. - Request to Rezone: Proof of publication on notice
of hearing to consider rezoning property located at the southwest corner of Seippel Road and
Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy
Industrial District as requested by Greg Adams/Stewart Construction, Inc., and Zoning Advisory
Commission recommending denial and an Ordinance Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located near the southwest corner of Seippel Road and Old Highway Road from LI
Light Industrial District to HI Heavy Industrial District, presented and read.
Applicant Greg Adams spoke requesting that the issue be referred back to the Zoning
Advisory Commission for modified rezoning.
Jeff Stiles, Vice-Chair of the Zoning Advisory Commission, spoke stating the Commission
would be willing to reconsider the modified rezoning request.
Connors moved that this item be referred back to the Zoning Advisory Commission.
Seconded by Jones. Motion carried 6-0.
LeNore Nesler/James McMahon - Request to Rezone: Proof of publication on notice of
hearing to consider rezoning property located at 1108 Locust Street from OR Office Residential
District to C-2 Neighborhood Shopping Center District to permit a coffee shop/deli with
apartment above as requested by LeNore Nesler/James McMahon and Zoning Advisory
Commission recommending approval, upon motion received and filed.
Stuart G. Hoover, representing LeNore Nesler, spoke in support of the project and described
the improvements which would be made to the property.
Dave Stuart, 1470 Locust, spoke in strong support of the project and stated he had been
authorized to speak for numerous groups in the downtown area, Le., the Downtown
Neighborhood Association and the Masonic Temple.
Ordinance No. 71-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1108 Locust
Street from OR Office Residential District to C-2 Neighborhood Shopping Center District,
presented and read. Connors moved that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council Meetings prior to the meeting at which it is
to be finally passed be suspended. Seconded by Jones. Motion carried 7-0. Connors moved
final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0.
American Trust and Savings Bank - Request for Text Amendment: Proof of publication on
notice of hearing to consider amending Section 3-5.2 of the Zoning Ordinance to allow drive-up
ATM teller machines in medical ID Institutional Districts as requested by Robert Peacock,
American Trust and Savings Bank, and Zoning Advisory Commission recommending approval,
upon motion received and filed.
Robert Peacock, Senior Vice President of American Trust and Savings Bank, spoke in
support.
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Ordinance No. 72-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adding automated teller machines as an accessory use in ID
Institutional Districts, 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
Braig. Motion carried 7-0.
Mayor Buol turned control of the meeting to Mayor Pro-Tem Braig due to possible conflict of
interest.
University of Dubuque - Amend ID Institutional District: Proof of publication on notice of
hearing to consider amending the University of Dubuque ID Institutional District to allow
replacement of the existing facilities building with a new structure located in the southwest
portion of the campus near West and Gilliam Streets and Zoning Advisory Commission
recommending approval, upon motion received and filed.
Jim Steiner, Vice President of Finance at the University of Dubuque, reviewed the building
design and addressed various concerns expressed by neighboring residents with regard to how
the issues would be resolved.
Ordinance No. 73-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the approval of an amended Conceptual Development
Plan to allow construction of a new facility building for the University of Dubuque ID Institutional
District, 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 6-0. Jones moved
final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 6-0.
Mayor Buol returned and took control of the meeting.
Urban Renewal Tax Increment Revenue Notes: Proof of publication on notice of hearing to
consider the issuance of Urban Renewal Tax Increment Revenue Notes to support the
Chavenelle Warehouse Development, LLC I Theisen Supply, Inc. expansion project at the
Dubuque Industrial Center West and City Manager recommending approval, upon motion
received and filed. Connors moved adoption of Resolution No. 561-06 Instituting proceedings
to take additional action for the issuance of not to exceed $812,000 Urban Renewal Tax
Increment Revenue Notes, and Resolution No. 562-06 Authorizing and providing for the
issuance of $812,000 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2006, of
the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of
carrying out an Urban Renewal Project in the area of the City of Dubuque, Iowa designated as
the Dubuque Industrial Center Economic Development District. Seconded by Jones. Motion
carried 7-0.
Pine Box LLLP I Washington Court, LP Agreement and Crescent Community Health Center _
Request to Vacate (Action Tabled on November 6, 2006): Proof of publication on notice of
hearing to consider an agreement between Pine Box, LLLP I Washington Court, LP for the
exchange of property for construction of parking facilities at 18th and Washington Streets and
City Manager recommending approval, upon motion received and filed. Michalski moved that
the Crescent Community Health Center - Request to Vacate be removed from the table and
moved adoption of Resolution No. 563-06 Approving the agreement between the City of
Dubuque, Iowa, Washington Court, L.P., and Pine Box, LLLP and disposing of City interest in
the South Y:z of Lot 157, the North Y:z of Lot 157, the South Y:z of Lot 158, and the North Y:z of Lot
158, all in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa and the City's
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interest in Lots 159, 160 and 161 in East Dubuque, an addition to the City of Dubuque,
Dubuque County, Iowa, according to the recorded plat thereof; Resolution No. 564-06
Approving plat of proposed vacated alley between Washington Street and Elm Street from 17th
Street to 18th Street; Resolution No. 565-06 Vacating an alley between Washington Street and
Elm Street from 17th Street to 18th Street, and Resolution No. 566-06 Disposing of City interest
in Lot 159B of "East Dubuque" an addition in the City of Dubuque, Dubuque County, Iowa.
Seconded by Jones. Motion carried 7-0.
Oak Court - Request to Vacate: Proof of publication on notice of hearing to consider a request
from Richard L. Harrison to vacate and purchase a portion of Oak Court at Rising Avenue and
City Manager recommending approval, upon motion received and filed. Jones moved adoption
of Resolution No. 567-06 Approving plat of proposed vacated portion of Oak Court at Rising
Avenue; Resolution No. 568-06 Vacating a portion of Oak Court at Rising Avenue, and
Resolution No. 569-06 Disposing of City interest in Lot 32A of Union Addition in the City of
Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Residential Parking Permit District (First Reading on November 6, 2006): City Manager
transmitting information about parking enforcement efforts related to Hansel Drive and the
recently created Residential Parking Permit District "H," upon motion received and filed.
An Ordinance Establishing a Residential Parking Permit District on Hansel Drive from
Keystone Drive to Keymont Drive, said Ordinance having been presented and read at the
Council Meeting of 11/6/06 now presented for further action.
Staff was directed to work with the Dubuque Community School District to find solutions to the
parking problems.
Jones moved that this be considered the second reading of the Ordinance. Seconded by
Michalski. Carried by the following vote: Yeas-Braig, Buol, Connors, Jones, Lynch. Nays-
Cline, Michalski.
Parking Violation Fine Increases: City Manager recommending that fine amounts for certain
parking violations (excluding expired parking meter violations) be increased from the current $7
initial fee and 30-day increase to $12 to the proposed structure of an initial fine of $15 and an
increase to $20 if not paid within 30 calendar days, upon motion received and filed.
Council discussed the safety issues related to the various parking violations and whether or
not raising the fines would prove to be a deterrent. The motion was amended to approve the
City Manager's recommendations except that the fine for a snow route violation would be
increased to thirty dollars $30.00 if paid within (30) calendar days of the date of the violation
and thirty-five dollars ($35.00) if not paid within thirty days.
Ordinance No. 74-06 Amending the City of Dubuque Code of Ordinances Section 32-279
Parking Violations - Fines by increasing the fines for certain stopping, standing and parking
violations, as amended, presented and read. Connors moved that the requirement that a
proposed Ordinance be considered and voted on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion
carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by
Jones. Motion carried 7-0.
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AlA Sustainable Design Assessment Team (SDAT) Application: City Manager recommending
approval of the submission of an AlA Sustainable Design Assessment Team (SDAT)
Application, upon motion received and filed and approved recommendation.
Designation of Star Brewery Drive: City Manager recommending that the portion of vacated
Fourth Street Extension between Bell Street and the railroad tracks be named Star Brewery
Drive to provide a street address for the building and its tenants, upon motion received and filed
and approved recommendation.
Legislative Priorities: City Manager submitting the City's Legislative Priorities for the 2007
Legislative Session, upon motion received and filed and approved.
Fiscal Year 2008 Policy Guidelines: City Manager submitting the Fiscal Year 2008 Policy
Guidelines for City Council review and approval, upon motion received and filed and approved
recommendation.
Jones stated that Guideline No. 10 is a longstanding problem and moved that it be taken off
the list. Motion died for lack of a second.
COUNCIL MEMBER REPORTS
Mayor Buol shared that he attended a summit in Sundance, Utah and brought back a lot of
information about the urgency of the earth's climate changes and that a DVD entitled "Too Hot
to Handle" will go out to community groups.
Council Member Braig requested an update on the Blufftop Ordinance and requested a copy
of the survey going out to committee members.
Council Member Michalski stated there had been five ribbon cuttings since the last meeting
and six ground breakings.
Council Member Jones shared information about the potluck at the Police Department that
was held for the benefit of Hills and Dales.
At 8:26 P.M. upon motion Council went into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)O) 2005 Code of Iowa.
At 8:37 P.M. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:38 P.M.
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44#/f~~4'a/
a:ne F. Schneider, CMC
City Clerk
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