12 18 06 City Council Proceedings Official (2)
CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
City Council, Special Session, December 18, 2006
Council met at 4:45 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 reviewing the Federal Building Renovation Project
Steve Ulstad, The Durrant Group, introduced members of the project team that has been working
on the renovation project. Wendy Eipperle reviewed the process used to date on the second floor
design for the renovated Council Chambers and Closed Session Room and explained they were
trying to use as much of the original materials as possible.
Mike Ruden reviewed the preliminary plans for the third floor of the Federal Building which would
provide offices for the Housing and Community Development Department.
Ulstad stated that the project schedule calls for substantial completion by August 15, 2007.
Council approval of schematic and design development of the Council Chambers and Housing
Services will be brought to the Council at the January 15, 2007 for approval. The remainder of the
project will be initiated at the February 19 meeting. The major question at this time is whether the
National Park Service will stipulate that the windows need to be replaced with steel, which would
greatly increase the project budget.
There being no further business, Connors moved to adjourn. Seconded by Braig. Motion carried
7-0. The meeting adjourned at 6:04 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 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, 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.
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Invocation was given by Dr. Winston Persaud, Professor of Systematic Theology – Wartburg
Theological Seminary
CONSENT ITEMS
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 9/12; City Council of
12/4 and 12/11; Civil Service Commission of 10/30; Environmental Stewardship Advisory
Commission of 11/7; Historic Preservation Commission of 11/16; Library Board of 9/28, 10/16 and
10/26; Zoning Advisory Commission of 12/6; Zoning Board of Adjustment of 11/22, upon motion
received and filed.
Proof of publication of List of Claims and Summary of Revenues for month ended October 31,
2006, upon motion received and filed.
Printed City Council Proceedings for month of September, 2006, upon motion received and filed
and approved as printed.
Library Board of Trustees' Update from November 16, 2006 meeting, upon motion received and
filed.
Notice of Claims/Suits: Joann Francois for personal injury; Amy J. Kress-Jordan for vehicle
damage; Troy Lampers for vehicle damage; Kathryn E. Rupp for vehicle damage, 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: Joann Francois for personal injury,
upon motion received and filed and concurred.
East Central Intergovernmental Association: East Central Intergovernmental Association Fiscal
Year 2006 Annual Report, upon motion received and filed.
409 Burch Street (Tabled on November 6, 2006): City Manager recommending that this item be
retabled to June 4, 2007, upon motion received and filed and tabled to 6/4/07. Braig questioned
why this item was being retabled and what the actual timeline was for completion. The City
Manager reviewed the history of this project and stated that the owner had made significant
progess.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development regarding the City’s Consolidated End-of-Year Review –
Program Year 2005, upon motion received and filed.
Grandview Avenue Section Repair: City Manager recommending acceptance of the Grandview
Avenue Section Repair Project as completed by Horsfield Construction, Inc., in the final contract
amount of $65,973.88, upon motion received and filed. Cline moved adoption of Resolution No.
590-06 Accepting the 2006 Grandview Avenue Concrete Section Repair Project and Resolution
No. 591-06 Approving final estimate. Seconded by Lynch. Motion carried 7-0.
Custer/Allison-Henderson Sewer and Detention Basin Project: City Manager recommending
acceptance of the Custer/Allison-Henderson Sewer and Detention Basin Project as completed by
McDermott Excavating in the final contract amount of $224,057.14, upon motion received and
filed. Cline moved adoption of Resolution No. 592-06 Accepting the Custer/Allison-Henderson
Sewer and Detention Basin Project and Resolution No. 593-06 approving final estimate.
Seconded by Lynch. Motion carried 7-0
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Oak Park Place – Acceptance of Public Improvements: City Manager recommending acceptance
of the public improvements that the developer, Oak Park Place of Dubuque, LLC, recently
completed in Oak Park Place, upon motion received and filed. Cline moved adoption of
Resolution No. 594-06 Accepting public improvements in Oak Park Place. Seconded by Lynch.
Motion carried 7-0.
Shady Oaks Subdivision: City Manager recommending acceptance of the public improvements
that the developer, Tschiggfrie Excavating Co., has recently completed in Shady Oaks Subdivision
and an adjacent development in Lot 7 of Mt. Carmel Heights, upon motion received and filed.
Cline moved adoption of Resolution No. 595-06 Accepting public improvements in Shady Oaks
Subdivision including an extension into Carmel Heights. Seconded by Lynch. Motion carried 7-0.
Contract Termination Agreement – Tricon General Construction, Inc.: City Manager
recommending approval of the Termination Agreement for the Construction Contract between the
City of Dubuque, Iowa and Tricon General Construction for the National Mississippi River Museum
and Aquarium Expansion Project – former Adams Company Building Re-Roof and Structural
Repairs Project and authorize the City to compensate Tricon for all related expenses incurred in
the amount of $90,583, for which the City will be fully reimbursed by the Dubuque County
Historical Society, upon motion received and filed and approved recommendation.
2006 Sidewalk Assessment Project: City Manager recommending that assessments in the
amount of $19,396.36 be levied against fifteen parcels of property as part of the 2006 Sidewalk
Assessment Project, upon motion received and filed. Cline moved adoption of Resolution No.
596-06 Adopting the final assessment schedule for the 2006 Sidewalk Assessment Project
including certain information required by the Code of Iowa, specifically, 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 final schedule and to
publish notice thereof. Seconded by Lynch. Motion carried 7-0.
Eagle Point Bluff Scaling and Tree Removal Project: City Manager submitting a response to
Richard Vorwald’s concerns regarding the Eagle Point Bluff Scaling and Tree Removal Project
and recommending that the City proceed with the project, upon motion received and filed.
Legislative Correspondence:
Communication to area legislators requesting their support for continued funding of the
Community Development Block Grant program, upon motion received and filed.
Communication to area legislators requesting their support in restoring the funding cuts that the
Clean Water State Revolving Loan Fund (SRF) has taken in recent years, upon motion received
and filed.
Delinquent Refuse, Sewer and Stormwater Management Accounts: City Manager recommending
approval of the submission of the delinquent refuse, sewer and stormwater management collection
accounts to the Dubuque County Treasurer in order to establish real property liens for collection
of such past due accounts, upon motion received and filed. Cline moved adoption of Resolution
No. 597-06 Adopting the Schedule of Assessments for delinquent refuse, sewer and stormwater
collection accounts and 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
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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.
Tax Increment Financing Report: City Manager submitting the 2006 Annual Tax Increment
Financing Report, upon motion received and filed.
Federal Priorities: City Manager recommending approval of the City of Dubuque Priorities and
Requests for Federal Appropriations, upon motion received and filed and approve
recommendation.
Durrant Group, Inc.: City Manager recommending approval of the submission of a Community
Economic Betterment Account (CEBA) program application to the Iowa Department of Economic
Development on behalf of Durrant Group, Inc., upon motion received and filed. Cline moved
adoption of Resolution No. 598-06 Authorizing the filing of an Iowa Department of Economic
Development application for financial assistance on behalf of Durrant Group, Inc. Seconded by
Lynch. Motion carried 7-0.
Stipulation of Settlement Agreement: Notice of Stipulation of Settlement Agreement in the matter
of the Hy-Vee Stores, Inc., 2005 Property Tax Protest and City Attorney recommending that the
City receive and file the Notice of Stipulation, upon motion received and filed and approved.
PEG Access Capital Grant Expenditure: City Manager recommending approval of the
recommendation from the Cable TV Teleprogramming Commission to approve four requests for
funding from the Capital Grant for Access Equipment and Facilities, upon motion received and
filed and approved recommendation.
Green Communities Internship Opportunity: City Manager recommending approval of an
application to the Iowa Department of Natural Resources for the City to host a Pollution
Prevention Intern Program (P2) intern to perform environmental assessments at City buildings and
facilities, upon motion received and filed and approved recommendation.
FCC Notice of Inquiry: City Manager recommending that the City join a coalition of communities
to prepare a stay motion and appeal before the FCC acts to adopt a rule that will most likely have
a very negative effect on the Dubuque Cable Franchise, upon motion received and filed and
approved recommendation.
Signed Contracts: Chaplain Schmitt Memorial Project – Request for Additional Services and
Pyatigorsk Park Parking Lot Project Change Orders, upon motion received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: US 20 (Devon Drive to
Menards) Capacity Improvements Project and University Avenue Embankment Stabilization
Project, upon motion received and filed.
Business License Refund: Refund of the Beer and Liquor License for The Bar X, Inc., upon
motion received and filed and approved refund.
Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted, upon motion received and filed.
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Cline moved adoption of Resolution No. 599-06 Granting the issuance of one new permit to sell
cigarettes and cigarette papers within the City to Sam’s Club #4973; Resolution No. 600-06
Granting the issuance of a Class “B” Beer Permit to UAW Local #94 and one Class “C” Beer
Permit to Hy-Vee #2 and Resolution No. 601-06 Granting the issuance of a Class “B” Liquor
License to Julien Inn; Class “C” Beer/Liquor License to The Moracco, Inc.; Class “B” Wine Permit
to Hy-Vee #2; and Class “WBN” Wine Permit to Engraved Gift Collection. Seconded by Lynch.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Request to Vacate – Unnamed Street Between 640 and 650 Kane Street: City Manager
recommending that a public hearing be set for January 3, 2007 to consider a request from Tim
Schmit II to vacate and purchase an unnamed street between 640 and 650 Kane Street, upon
motion received and filed. Cline moved adoption of Resolution No. 602-06 Of intent to vacate and
dispose of an unnamed street between 640 and 650 Kane Street in the City of Dubuque, Dubuque
County, Iowa and to set the public hearing for 1/3/07 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.
Correction Quit Claim Deed: City Manager recommending approval of the Correction Quit Claim
Deed for Lot 22 of “Glenview”, a Subdivision in the City of Dubuque and that a public hearing be
set for January 3, 2007 to consider disposing of the property with the corrected legal description,
upon motion received and filed. Cline moved adoption of Resolution No. 603-06 Of intent to
dispose of City interest in Lot 22 of “Glenview” a Subdivision in the City of Dubuque, Dubuque
County, Iowa, and to set the public hearing for 1/3/07 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 Rock Bluff Stabilization Project: City Manager recommending initiation of the public
bidding process for the Eagle Point Rock Bluff Stabilization Project and that a public hearing be
set for February 5, 2007, upon motion received and filed. Cline moved adoption of Resolution No.
604-06 Preliminary approval of plans and specifications; Resolution No. 605-06 Setting date of
hearing on plans and specifications on 2/5/07 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. 606-06 Ordering bids. Seconded by Lynch. Motion carried 7-0.
Washington Neighborhood Urban Revitalization Area Plan: City Manager recommending that a
public hearing be set for February 5, 2007 to consider adoption of the Washington Neighborhood
Urban Revitalization Area Plan, upon motion received and filed. Cline moved adoption of
Resolution No. 607-06 Finding that the rehabilitation and conservation of the hereinafter
described properties, comprising the Washington Neighborhood Urban Revitalization Area, is
necessary in the interests of the public health, safety and welfare of the residents of the City of
Dubuque and Resolution No. 608-06 Acknowledging a proposed plan for the Washington
Neighborhood Urban Revitalization Area, and providing for a public hearing on 2/5/07 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.
BOARDS/COMMISSIONS
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Appointments to the following Commission:
Human Rights Commission (Three 3-year terms through January 1, 2010 – Terms of Giesen,
Jackson and Jarrard) Applicants: Mary Coan, Shane Oswald, Gretel Winterwood
Upon motion Mary Coan, Shane Oswald, and Gretel Winterwood appointed to the Human Rights
Commission for three year terms which will expire January 1, 2010.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Herrig Voluntary Annexation: Proof of publication on notice of hearing to consider approval of the
voluntary annexation and annexation agreement of John and Sally Jo Herrig and City Manager
recommending approval, upon motion received and filed. Cline moved adoption of Resolution No.
609-06 Approving application for voluntary annexation of territory owned by John W. and Sally Jo
Herrig. Seconded by Connors. Motion carried 7-0.
Dubuque Industrial Center Planned District: Communication from Jennifer A. Clemens-Conlon,
representing Dubuque Initiatives, withdrawing the requested PUD amendment in the Dubuque
Industrial Center Planned District; Proof of publication on notice of hearing to consider a request
from Dubuque Initiatives, Horsfield Company/Aaron DeJong, Economic Development Department
to amend the Dubuque Industrial Center Planned District to add landscaping requirements and
Zoning Advisory Commission recommending denial, and an Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned
Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the
southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing
Ordinance 34-06, upon motion received and filed and accepted the withdrawal.
1331 Rockdale Road – Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located at 1331 Rockdale Road from R-2 Two-Family Residential District to R-1
Single-Family Residential District as requested by David Hartig/Gary Heiar and Zoning Advisory
Commission recommending approval, upon motion received and filed. Ordinance No. 77-06
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 1331 Rockdale Road Street from R-2 Two-
Family Residential District to R-1 Single-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 Lynch. Motion carried 7-0. Connors moved final consideration and
passage of the Ordinance. Seconded by Braig. Motion carried 7-0.
Child Care Resource and Referral – Request for Text Amendment: Proof of publication on notice
of hearing to consider amending the Zoning Ordinance regulations regarding daycare to be
consistent with State of Iowa regulations as requested by Cherie Kennedy/Child Care Resource
and Referral and Zoning Advisory Commission recommending approval, upon motion received
and filed.
Cherie Kennedy, Child Care Resource and referral, spoke in support of the proposed ordinances
and explained with State regulations.
Ordinance No. 78-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adding child care as an accessory use in the R-1 Single-Family, R-2 Two-
Family, R-2A Alternate Two-Family, R-3 Moderate Density Multi-Family, R-4 Multi-Family and OR
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Office Residential Districts; Ordinance No. 79-06 Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances Section 4-7.2, Permitted Home Occupations, deleting
day care home as a permitted home occupation; Ordinance No. 80-06 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding a new definition to
Section 8 to define child care and licensed child care centers and delete the definition for day care
home and group day care centers; and Ordinance No. 81-06 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by amending Group Day Care to Licensed
Child Care Center, and amending the floor area requirements to reflect State of Iowa regulations
in the R-1 Single-Family, R-2 Two Family, R-2A Alternate Two-Family, R-3 Moderate Density
Multi-Family, R-4 Multi-Family, OR Office Residential, OS Office Service, OC Office Commercial,
C-2 Neighborhood Shopping Center, C-3 General Commercial, C-4 Downtown Commercial, C-5
Central Business, LI Light Industrial, MHI Modified Heavy Industrial, and HI Heavy Industrial
Districts. presented and read. Connors moved that the requirement that the proposed Ordinances
be considered and voted on for passage at two Council Meetings prior to the meeting at which
they are to be finally passed be suspended. Seconded by Braig. Motion carried 7-0. Connors
moved final considerations and passages of the Ordinances. Seconded by Michalski. Motion
carried 7-0.
Code of Ordinances: Proof of publication on notice of hearing to consider adoption of a revised
Code of Ordinances and City Manager recommending approval upon completion of a thirty day
review period, upon motion received and filed and approved recommendation.
Upon motion the rules were reinstated limiting discussion to the council.
ACTION ITEMS
Dubuque County Historical Society: City Manager recommending approval to open negotiations
with the Dubuque County Historical Society to commit to building a 750-car parking ramp in the
Port of Dubuque by 2010 and space for the building of a large format theater and to send a letter
to the Vision Iowa Board, upon motion received and filed and approved recommendation.
Public Nuisance Tax Sales: City Manager recommending approval to request the Dubuque
County Board of Supervisors adopt an ordinance authorizing the County Treasurer to sell at
annual tax sale delinquent taxes on parcels that are abandoned property and that are or may
become a public nuisance, upon motion received and filed and approved recommendation.
AmeriCorps Application: City Manager recommending approval of the submission of an
application to the Corporation for National and Community Service for Partners in Learning
AmeriCorps Program funding, upon motion received and filed. Lynch moved to adopt Resolution
No. 610-06 Approving an application to the Corporation for National and Community Service for
AmeriCorps Program funding. Seconded by Connors. Motion carried 7-0.
Purchase of Property – 346 East 19th Street: City Manager recommending approval of the
purchase of property located at 346 East 19th Street for the purpose of demolition as part of the
Washington neighborhood revitalization effort, upon motion received and filed. Cline moved to
adopt Resolution No. 611-06 Approving the acquisition of real estate located at 346 East 19th
Street in the City of Dubuque. Seconded by Michalski. Motion carried 7-0.
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Purchase of Property – 141 East 11th Street: City Manager recommending approval of the
purchase of property located at 141 East 11th Street for the purpose of demolition as part of the
Washington neighborhood revitalization effort, upon motion received and filed. Michalski moved
to adopt Resolution No. 612-06 Approving the acquisition of real estate located at 141 East 11th
Street in the City of Dubuque. Seconded by Cline. Motion carried 7-0
Annexation Study: City Manager recommending approval for staff to contact the property owners
in the six primary areas identified in the Annexation Study Update to gauge their interest in
voluntary annexation, upon motion received and filed and approved recommendation.
National League of Cities: Plaque from the National League of Cities honoring the City of
Dubuque’s participation for the past fifty years, upon motion received and filed.
COUNCIL MEMBER REPORTS
Michalski shared that she was a finalist for a Women in Municipal Government Leadership award
at the National League of Cities, but the Mayor of Atlanta won the award and she appreciates all
who have sent her notes.
Upon motion Council went into closed session re: Pending Litigation and Property Acquisition –
Chapter 21.5(1)(c)(j) 2005 Code of Iowa.
At 7:45 Council reconvened Regular session and stated that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:46 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 12/27
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