Minutes City Council 1 16 07
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
City Council Regular Session, January 16, 2007
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 Reverend Ed Sheppley, Immanuel Congregational United Church
of Christ.
Operation Iraqi Freedom Presentation BU1 (SCW) Brant Schueller – Water Department
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 1/3; Civil Service Commission of 11/17;
Enterprise Zone Commission of 12/18; Historic Preservation Commission of 12/21; Long
Range Planning Advisory Commission of 12/20; Zoning Advisory Commission of 1/3; Zoning
Board of Adjustment of 12/21, upon motion received and filed.
Proofs of publication of City Council Proceedings of December 18, 2006 and List of Claims
and Summary of Revenues for month ending November 30, 2006, upon motion received and
filed.
Notice of Claims/Suits: Justin Apel for vehicle damage; Nancy Lally for vehicle damage;
Harold O. Miller for vehicle damage, upon motion received and filed and referred to City
Attorney.
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: Nancy Lally for vehicle
damage; Thomas Schaefer for property damage, upon motion received and filed and
concurred.
Civil Service Commission: Civil Service Commission submitting the Certified List for the
position of Equipment Mechanic, upon motion received and filed and made a matter of record.
WCB Hotels, Inc.: Notice from WCB Hotels, Inc. (d/b/a Midway Hotel, Hoffman House
Restaurant and 3100 Club) pursuant to the Worker Adjustment and Retraining Notification Act
of 1988 of a pending plant closure or layoffs resulting in covered employment loss, upon
motion received and filed.
Rosedale Avenue Reconstruction Project – Revision of Preliminary Assessments: City
Manager recommending approval of a revision to the Preliminary Schedule of Assessments for
the Rosedale Avenue Reconstruction Project, upon motion received and filed. Cline moved
adoption of Resolution 15-07 Rescinding Resolution No. 301-05 and adopting in lieu thereof a
new Preliminary Schedule of Assessments for the Rosedale Avenue Reconstruction Project.
Seconded by Lynch. Motion carried 7-0.
Rosedale Avenue Reconstruction Project: City Manager recommending acceptance of the
Rosedale Avenue Reconstruction Project as completed by Portzen Construction in the final
contract amount of $1,647,605.74 and approval of the final schedule of assessments, upon
motion received and filed. Cline moved adoption of Resolution No. 16-07 Accepting
improvement, Resolution No. 17-07 Approving final estimate, and Resolution No. 18-07
Approving the Final Schedule of Assessments. Seconded by Lynch. Motion carried 7-0.
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Dubuque Industrial Center West 3 Addition - Contract B Project : City Manager
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recommending acceptance of the Dubuque Industrial Center West 3 Addition - Construction
Contract B Project as completed by Horsfield Construction, Inc., in the final contract amount of
$2,276,575.15, upon motion received and filed. Cline moved adoption of Resolution No. 19-07
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Accepting the Dubuque Industrial Center West 3 Addition/Construction Contract B –
Paving, Drainage, and Utilities Project and Resolution No. 20-07 Approving final estimate.
Seconded by Lynch. Motion carried 7-0.
Third Street Overpass Decorative Railing Project: City Manager recommending acceptance
of the Third Street Overpass Decorative Railing Project as completed by Tricon General
Construction in the final contract amount of $275,339.38, upon motion received and filed. Cline
moved adoption of Resolution No. 21-07 Accepting the Third Street Overpass Decorative
Railing Project and Resolution No. 22-07 Approving final estimate. Seconded by Lynch. Motion
carried 7-0.
Amending to First Transit Contract: This item was removed from the agenda.
Regional Transit Authority - Indemnification Agreement: City Manager recommending
approval of an Indemnification Agreement between the City of Dubuque and the Regional
Transit Authority as the RTA implements operation of the contracted mini-bus service, upon
motion received and filed and approved recommendation.
2006 Government Performance and Results Act (GPRA) Annual Products Report: City
Manager transmitting the 2006 Government Performance and Results Act (GPRA) Annual
Products Report which has been submitted to the National Parks Service, upon motion
received and filed.
Certified Local Government Annual Report: City Manager submitting the 2006 Certified
Local Government (CLG) Report submitted to the State Historical Society of Iowa, upon motion
received and filed.
Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year
2006 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial
Statements, Dubuque Metropolitan Area Solid Waste Agency Report, Management Letter and
City Responses to the Management Letter, upon motion received and filed.
Request for Proposals – Four Mounds Archeological Investigation: City Manager
recommending approval of the issuance of a Request for Proposals to conduct a Phase I Four
Mounds Archeological Investigation, upon motion received and approved recommendation.
Washington Neighborhood Urban Revitalization District: Communication from the Long
Range Planning Advisory Commission recommending approval of the expansion of the
Washington Neighborhood Urban Revitalization District, upon motion received and filed.
Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the
December 2006 update on the Comprehensive Plan, upon motion received and filed.
Legislative Correspondence: Communication to local legislators regarding the impact of the
Iowa Historic Preservation Tax Credit program, upon motion received and filed.
Port of Dubuque Brewery Development, LLC: City Manager recommending approval of the
Port of Dubuque Brewery Development, LLC Assignment of Development Agreement and
Lease Agreement to Dubuque Bank and Trust, upon motion received and filed and approved
recommendation.
Mar Jo Quarry Road: City Manager recommending support of the renaming of Mar Jo
Quarry Road to Mines of Spain Road, upon motion received and filed and approved
recommendation.
Unified Development Code: City Manager recommending approval of the addition of Renae
Gabrielson to the Unified Development Code Citizen Advisory Committee, upon motion
received and filed and approved recommendation.
Settlement of Claim: City Attorney advising that the Iowa District Court for Dubuque County
has dismissed all of the claims made by Tina Hessel against the City of Dubuque, City
Manager Michael C. Van Milligen, Personnel Manager Randy Peck and Building Services
Manager Rich Russell, upon motion received and filed.
Dubuque Federal Building Renovation Project: City Manager recommending that the Fiscal
Year 2007 budget expenditure for the Federal Building Renovation Project be increased from
$1,259,785 to $3,194,843, upon motion received and filed and approved recommendation. City
Manager Van Milligan explained the increase and explained the source of funds.
Improvement Contracts / Performance, Payment and Maintenance Bonds: -- Villa Street
Retaining Wall – Ornamental Railing Project, upon motion received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted, upon motion received and filed. Cline moved adoption of Resolution No. 23-07
Granting the issuance of a Class “C” Beer Permit to El Paisano Grocery Store and Resolution
No. 24-07 Granting the issuance of Class “C” Beer/Liquor License to DeMac’s Copper Kettle,
Inc., The Lounge, and Taiko Japanese Bar. Seconded by Lynch. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Request to Purchase: City Manager recommending that a public hearing be set for February
5, 2007 to consider a request from Jason M. Schneider to vacate and purchase a portion of
Kelly Lane between Manson Road and Pego Court, upon motion received and filed. Cline
moved adoption of Resolution No. 25-07 Of intent to vacate and dispose of City interest in Lot
A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa and set public
hearing for 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 Braig.
Motion carried 7-0.
Greater Downtown Urban Renewal District: City Manager recommending that a public
hearing be set for February20, 2007 to consider an amendment of the Urban Renewal Plan for
the Greater Downtown Urban Renewal District to include the rehabilitation, restoration, and
renovation of historic buildings for public and governmental uses, including the Carnegie-Stout
Public Library and the Former U.S. Federal Building, upon motion received and filed. Cline
moved adoption of Resolution No. 26-07 Of necessity finding that the Greater Downtown
Urban Renewal District are areas meeting the definitions of slum, blighted and economic
development areas and that development of said areas is necessary in the interest of the
residents of the City of Dubuque, Iowa and set public hearing for 2/20/07 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 Braig. Motion carried 7-0.
Heron Pond Tree Removal Project: City Manager recommending initiation of the public
bidding process for the Heron Pond Tree Removal Project and that a public hearing be set for
February 20, 2007, upon motion received and filed. Cline moved adoption of Resolution No.
27-07 Preliminary approval of plans and specifications, Resolution No. 28-07 Setting date of
hearing on plans and specifications, and Resolution No. 29-07 Ordering bids and set public
hearing for 2/20/07 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 Braig.
Motion carried 7-0.
US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II: City Manager
recommending initiation of the public bidding process for the US 20 (Devon Drive to Menards)
Capacity Improvements Project – Phase II and that a public hearing be set for March 5, 2007,
upon motion received and filed. Cline moved adoption of Resolution No. 30-07 Preliminary
approval of plans and specifications, Resolution No. 31-07 Setting date of hearing on plans
and specifications, and Resolution No. 32-07 Ordering bids and set public hearing for 3/5/07 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 Braig. Motion carried 7-0.
Fiscal Year 2008 Annual Action Plan: City Manager recommending that a public hearing be
set for February 27, 2007 on the Fiscal Year 2008 Annual Action Plan, upon motion received
and filed. Cline moved adoption of Resolution No. 33-07 Setting a public hearing on the
Program Year 2007 (Fiscal Year 2008) Community Development Block Grant (CDBG) Annual
Action Plan and set public hearing for 2/27/07 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 Braig. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions: Environmental Stewardship Advisory Commission (One 3-year term
through October 1, 2010 – term of Suarez - Applicant: Joseph Suarez. Housing Code Appeals
Board (Two 3-year terms through January 11, 2009 – terms of Durley and Swift and three 3-
year terms through January 11, 2010 – terms of Schaub, Kinsella and one vacancy) -
Applicants: William J. Kinsella, Jim Matheos, Robert Schaub. Transit Board of Trustees (One
3-year unexpired term through July 30, 2008) - Applicant: Sarah Davidson
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council
Greg Adams/Stewart Construction, Inc.: Proof of publication on notice of hearing to consider
reclassifying 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 approval, upon motion received and filed.
Brian Kane, representing Wayne Briggs and Wayne Stewart, stated that both of the
applicants had agreed to the conditions as stipulated by the Zoning Advisory Commission;
however, they are now requesting that the City Council amend those conditions to allow
parking of vehicles in the buffer (green space) zone, that the building height be modified to 35
feet versus the recommended 20 feet, and that both LI Light Industrial and HI Heavy Industrial
be allowed on the 12.56 acres to be rezoned. He stated that one portion of the site would be a
scrap yard and the other portion used for a recycling facility.
Dianne Brehm, 12458 Cottingham Road; Pat Welsh, 7990 Old Highway Road; Kevin
Coates, 14957 Old Highway Road; Bill Chesterman, 12085 Cottingham Road; Joe Vize, 12055
Cottingham Road; Joe Wysocki, 14946 Old Highway Road; Janelle Coats, 14957 Old Highway
Road; and Emily Kretz, 8400 Old Highway Road spoke in opposition to the proposed rezoning.
Ordinance No. 1-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying 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, with conditions,presented and read. Connors moved that the
requirement that the proposed Ordinance, with the conditions proposed by the Zoning Advisory
Commission, 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 considerations and passage of the Ordinance. Seconded by Jones.
Motion carried 7-0.
Port of Dubuque Adams Development, LLC – Development Agreement: Proof of publication
on notice of hearing to consider approval of a Development Agreement with Port of Dubuque
Adams Development, LLC for a development in the Port of Dubuque, including the Adams
Company building site and City Manager recommending approval, upon motion received and
filed. Connors moved adoption of Resolution No. 34-07 Determining that the proposal of Port
of Dubuque Adams Development, LLC to acquire and develop property in the Greater
Downtown Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa is in
compliance with the terms of the City’s offering for disposition of such property and Resolution
No. 35-07 Accepting the proposal from Port of Dubuque Adams Development, LLC for the
purchase of property in the Greater Downtown Urban Renewal District in the Port of Dubuque
in the City of Dubuque, Iowa and approving the Development Agreement with Port of Dubuque
Adams Development, LLC. Seconded by Michalski. Motion carried 7-0.
Brian Kane, representing Port of Dubuque Adams Development, LLC, spoke in support of
the proposed Development Agreement. Kevin Eipperle, The Durrant Group, described the
proposed development and explained the various uses.
Chaplain Schmitt Memorial Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications for the Chaplain Schmitt Memorial Project and City
Manager recommending award of the contract to Tri-State Development Company, LLC, upon
motion received and filed. Cline moved adoption of Resolution No. 36-07 Adopting plans and
specifications, Resolution No. 37-07 Awarding contract, and Resolution No. 38-07 Approving
construction contract with Tri-State Development, LLC for the Chaplain Schmitt Memorial
Project. Seconded by Lynch. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Northeast Iowa Community College: Communication from Penelope H. Wills, President of
Northeast Iowa Community College, requesting a Resolution of Support for NICC’s ballot
measure “Ensuring the Future for Students and Communities” on February 20, 2007, upon
motion received and filed. Cline moved adoption of Resolution No. 39-07 Of Support.
Seconded by Michalski. Motion carried 7-0.
Penny Wills, NICC President, spoke in support of the Resolution and explained the
improvements that would be made at the college. Mayor Buol stated that it was vital that the
measure pass and Council Member Lynch voiced his wholehearted support.
Individual Historic Designation – 565 Fenelon Place: City Manager recommending approval
of an amendment to the Historic Preservation Ordinance for the establishment of 565 Fenelon
Place as an Individually Designated Historic Property, upon motion received and filed.
Ordinance No. 2-07 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code
of Ordinances by adding Section 25-6.14 and 25-6.14(1) Establishing Individually Designated
Historic Properties , presented and read. Michalski moved that the requirement that the
proposed Ordinance be considered and voted on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion
carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by
Jones. Motion carried 7-0.
City of Dubuque Code of Ordinances: City Manager recommending approval of an
ordinance adopting the revised City of Dubuque Code of Ordinances, upon motion received
and filed. Ordinance No. 3-07 Readopting the codification of all ordinances of the City of
Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including codes and
maps adopted by reference, as the official Code of the City of Dubuque, Iowa, as provided for
and pursuant to Chapter 380 of the Iowa Code; providing for the title and citation of the Code;
repealing all ordinances and parts of ordinances of a general or public nature or imposing a
fine or penalty, passed on or prior to January 16, 2007, except those not contained in said
code or recognized and continued in force by reference therein; providing penalties for the
violation of the several sections thereof; and prescribing the time when this ordinance shall be
in full force and effect, presented and read. Connors moved that the requirement that the
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 Ordinances. Seconded by
Lynch. Motion carried 7-0.
Michalski moved that special commendation be given to the City Attorney, City Clerk and
Assistant City Manager for their work on this project. Seconded by Lynch. Motion carried 7-0.
Convention and Visitors Bureau: City Manager requesting that a work session with the
Dubuque Area Chamber of Commerce Convention and Visitors Bureau be scheduled for 5:30
p.m. on Monday, February 5, 2007, upon motion received and filed and approved request.
Fiscal Year 2008 Operating Budget and Five Year Capital Improvement Program: City
Manager submitting the Fiscal Year 2008 Operating Budget and Five Year Capital
Improvement Program, upon motion received and filed.
Upon motion Council went into closed session re:Pending Litigation and Property
Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa at 9:09 P.M.
At 9:22 Council reconvened Regular session and stated that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:23 P.M.
/s/Jeanne F. Schneider, CMC
City Clerk
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