8 20 07 City Council Minutes
CITY OF DUBUQUE
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on August 20, 2007, in the
Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; Assistant City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the Council.
INVOCATION
Invocation was provided by Sr. Peggy Nolan, BVM
PROCLAMATION
Irish Hooley Day (August 25, 2007) was accepted by Maureen and Ken Siegert, 13710 Old
Highway Road
CONSENT ITEMS
Motion by Cine to receive and file the documents and dispose of as indicated. Seconded by
Lynch. Michalski requested (#10) Riverwalk Security Camera System Agreement be held for
separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 6/5; Building Code Board of Appeals
of 6/19; Cable Community Teleprogramming Commission of 7/10; City Council of 8/6; Civil
Service Commission of 7/5; Human Rights Commission of 7/9; Zoning Advisory Commission of
7/5; Zoning Board of Adjustment of 7/26
Proof of publication of City Council Proceedings of July 16, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: Shane Flesher for vehicle damage; Kris Hall for property damage;
Robert D. Jungblut, Jr. for property damage; Scott Kernall for property damage; Kara Larson
for property damage; Joan Sanders for personal injury; Mark Snyder for property damage; St.
Paul Lutheran Church for property damage. Upon motion the documents were received, filed,
and referred to the 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: John and Valerie
Herber for property damage; Anthony Rokusek for property damage; Joan Sanders for
personal injury; Shane Flesher for vehicle damage; St. Paul Lutheran Church for property
damage
City Attorney recommending that the claims of Robert D. Jungblut, Jr., Mark Snyder, Kara
Larson, Kris Hall, and Scott Kernall for property damage be referred to Tricor Insurance and
Financial Services, insurer for Fred Jackson Tuckpointing.
Upon motion the documents were received, filed, and concurred.
All America City Award: Communication from Congressman Bruce Braley congratulating the
City of Dubuque on receiving the All America City Award.
Communication from Richard A. Anderson, Mayor of Asbury, congratulating the City of
Dubuque on receiving the All America City Award. Upon motion the documents were received
and filed.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Laboratory Technician. Upon motion the documents were received, filed and made
a Matter of Record.
Purchase of Property – 507 Rhomberg Avenue: City Manager recommending approval of
the purchase of a residential dwelling located at 507 Rhomberg Avenue as part of the
acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion
the documents were received and filed and Resolution No. 429-07 Approving the acquisition of
real estate located at 507 Rhomberg Avenue in the City of Dubuque was adopted.
Purchase of Property – 2320 Washington Street: City Manager recommending approval of
the purchase of a residential dwelling located at 2320 Washington Street as part of the
acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion
the documents were received and filed and Resolution No. 430-07 Approving the acquisition of
real estate located at 2320 Washington Street in the City of Dubuque was adopted.
Fiber Optic Conduit-Phase I Project: City Manager recommending acceptance of the Fiber
Optic Conduit – Phase I Project as completed by Volkens Excavating, Inc., in the final contract
amount of $219,666.25. Upon motion the documents were received and filed and Resolution
No. 431-07 Accepting the Fiber Optic Conduit System-Phase I Project and authorizing the
payment of the contract amount to the contractor was adopted.
Downtown Design Guideline Manual: City Manager recommending approval of a Certified
Local Government (CLG) grant application for the Downtown Dubuque Design Guidelines
Manual in the amount of $25,000. Upon motion the documents were received and filed and
Resolution No. 432-07 Approving submittal of a CLG Grant Application to the State Historical
Society of Iowa for Downtown Dubuque Design Guidelines Manual was adopted.
Traffic Safety Improvement Program Funding: City Manager recommending approval to file
a joint grant application with the Iowa Department of Transportation for Traffic Safety
Improvement Program funding for IA 32 (Northwest Arterial) at the Asbury Road intersection.
Upon motion the documents were received and filed and Resolution No. 433-07 Authorizing
the filing of a Joint Grant Application with the Iowa Department of Transportation for Traffic
Safety Improvement Funding for the City of Dubuque IA 32 (Northwest Arterial) and Asbury
Road intersection was adopted.
Riverwalk Security Camera System Agreement: City Manager recommending authorization
to negotiate and execute an agreement with Platinum Hospitality Group, LLC for the
installation, operation and maintenance of the Riverwalk Security Camera System equipment.
Motion by Michalski to receive and file the documents and approve. Seconded by Connors.
Michalski noted that she’s received many calls over the years about this issue and realizes
vandalism is increasing, This is an excellent idea that is needed to maintain the facility. Motion
carried 7-0.
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Assistance to Firefighter Grant Application: City Manager recommending approval of the
submittal of a Department of Homeland Security Assistance to Firefighters Grant for thermal
imager units for each of the front-line fire units and training for a total cost of $80,000. Upon
motion the documents were received, filed, and approved.
Wireless Network: City Manager recommending approval of a contract with Racom for the
installation of 16 wireless network sites that will be connected to the fiber optic network that is
City-owned or controlled to provide sufficient speed for data for the Fire Department Mobile
Digital Terminal application. Upon motion the documents were received, filed, and approved.
PEG Capital Grant Expenditure Requests: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendations for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $8,500 for Wahlert High School for a variety of equipment including cameras and
wireless microphones and $4,800 for the access community at large for a camera jib and
supporting equipment. Upon motion the documents were received, filed, and approved.
Tobacco Compliance – Civil Penalties for Tobacco Permit Holders: City Manager
recommending acceptance and approval of Acknowledgement/Settlement Agreements for a
first violation for Oky Doky, 1256 Iowa Street and HyVee #3, 300 South Locust Street; and a
second violation for HyVee #3, 300 South Locust Street; Beecher Company, 1691 Asbury
Road; and Eagle Country Market, 1800 Elm Street. Upon motion the documents were
received, filed, and approved.
Legislative Correspondence: Communication to area legislators transmitting an article from
Dubuque Main Street’s monthly newsletter on “Why Are Downtowns Important.”
Communication to Representative Ray Zirkelbach welcoming him home and transmitting an
article from Dubuque Main Street’s monthly newsletter on “Why Are Downtowns Important.”
Upon motion the documents were received, filed, and approved.
Fire Chief Dan Brown: City Manager advising that Fire Chief Dan Brown has been
reappointed to the Fire Service and Emergency Response Council by Governor Chet Culver.
Upon motion the documents were received and filed.
John F. Kennedy Road from Asbury Road to the Northwest Arterial – Sidewalks: City
Manager advising that Kennedy Manor Apartments (2671 Owen Court) will proceed with the
installation of approximately 590 feet of sidewalk along its property on John F. Kennedy Road.
Upon motion the documents were received and filed.
Purchase of Property from Plastic Center, Inc.: City Manager recommending approval of the
purchase of 828 square feet of property from Plastic Center, Inc. at the corner of White Street
and US Hwy 61 for the construction of a Port of Dubuque sign. Upon motion the documents
were received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon motion the
documents were received and filed and Resolution No. 434-07 Approving public improvement
contracts and bonds for Five Flags Sidewalk and Lighting Replacement Project; Port of
Dubuque-Ice Harbor Transient Boat Dock Facility Project; York and Curtis Street Storm Sewer
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Improvements Project; Pedestrian Wayfinding Sign System Project; Fifth and White Street
Gateway Sign Project; Kaufmann Avenue Alley Storm Sewer Construction Project; Decorative
Concrete Repair and Maintenance Project was adopted.
Request for Proposals for North Fork Catfish Creek Sanitary and Storm Water Drainage
Improvement Project: City Manager recommending approval of the issuance of a Request for
Proposals for the North Fork Catfish Creek Sanitary and Storm Water Drainage Improvement
Project. Upon motion the documents were received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 435-07
Granting the issuance of a Class “B” Beer License (5-Day Special Event) to Music N More
Promotions, Riverfest Special Events, and Grand Harbor Resort; and a Class “C” Beer Permit
to Oky Doky #6, Clark of Dubuque, Kwik Stop Food Mart, and Family Mart; and Resolution No.
436-07 Granting the issuance of a Class “C” Beer/Liquor License to Rudy’s Tacos, Clarke
College, Courtside Sports Bar, Los Aztecas Mexican Restaurant; a Class “B” Wine Permit to
Oky Doky #8 and Family Mart, Inc.; and a Class “B” Native Wine Permit (WBN) to Mandolin
Inn and Kwik Stop Food Mart were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried
7-0.
Raven Oaks – Request to Vacate: City Manager recommending that a public hearing be set
for September 4, 2007 to consider a request from Kluck Construction to vacate a portion of
Raven Oaks Drive abutting Lot 4 of Raven Oaks No. 2. Upon motion the documents were
received and filed and Resolution No. 437-07 Resolution of Intent to vacate and dispose of
City interest in Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa,
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 4,
2007, in Public Library Auditorium.
Vacation and Sale of Undeveloped Alley: City Manager recommending that a public hearing
be set for September 4, 2007, to consider the vacation and sale of an undeveloped alley near
the old Dubuque Meat Packing Plant to SB Development, LLC. Upon motion the documents
were received and filed and a public hearing was set for September 4, 2007, at a meeting to
commence at 6:30 p.m. in Public Library Auditorium.
Town Clock Renovation Project: City Manager recommending initiation of the public bidding
process for the Town Clock Renovation Project and that a public hearing be set for September
4, 2007 to consider approval of the plans and specifications, form of contract, and estimated
cost. Upon motion the documents were received and filed and Resolution No. 438-07
Preliminary approval of plans and specifications; Resolution No. 439-07 Setting date of hearing
on plans and specifications; and Resolution No. 440-07 Ordering the advertisement for bids
were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September
4, 2007, in Public Library Auditorium.
BOARDS/COMMISSIONS
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Applications for the following boards and commissions were reviewed: Civil Service
Commission (Mayor’s Appointment); One 4-year vacant term through April 6, 2008 – Term of
Wertzberger. Applicants: John Stevens, Paula Gieseman.
Zoning Advisory Commission: One 3-year vacant term through July 1, 2009 – Term of
Bichell. Applicant: Charles Miller
Appointments were made to the following boards and commissions: Building Code Board of
Appeals: One 3-year expired term through August 1, 2010 (Term of Jahns,
Journeyman/Carpenter); One 3-year expired term through August 1, 2010 (Term of Kolf,
Architect/Engineer); One 3-year expired term through August 1, 2008 (Term of Gudenkauf, At
Large); One 3-year expired term through August 1, 2009 (Term of Carr, General Contractor);
One 3-year expired term through August 1, 2009 (Term of Luchsinger, At Large). Applicants:
John Schwendinger (Journeyman/Carpenter), James Kolf (Architect/Engineer), No applicant
(At-Large), Chuck Carr (General Contractor), Richard Luchsinger (At-Large). Motion by
Connors to appoint John Schwendinger to a 3-year expired term through August 1, 2010;
James Kolf to a 3-year expired term through August 1, 2010; Chuck Carr to a 3-year expired
term through August 1, 2009; and Richard Luchsinger to a 3-year expired term through August
1, 2009. Seconded by Jones. Motion carried 7-0.
Housing Commission: Three 3-year expired terms through August 17, 2010 (Terms of Eddy,
Kapler, and Schwendinger); One 3-year vacant term through August 17, 2009 (Term of
Savage). Applicants: Char Eddy, Erica Johnson, Judie Root, Dorothy Schwendinger, OSF,
David Kapler-Additional Applicant. Upon vote Char Eddy was appointed to a 3-year term
through August 17, 2010; Judie Root was appointed to a 3-year term through August 17, 2010;
Dorothy Schwendinger was appointed to a 3-year term through August 17, 2010; and David
Kapler was appointed to a 3-year vacant term through August 17, 2009.
Transit Board of Trustees: One 3-year expired term through July 30, 2010 (Term of
Stedman). Applicants: Harry Bemis, Ruth Scharnau, Don Stedman. Upon vote Ruth Scharnau
was appointed to a 3-year expired term through July 30, 2010.
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the City Council.
PUBLIC HEARINGS
Planned Unit Development District Amendment – Pleasant View Estates: Proof of
publication on notice of hearing to consider an amendment to the Pleasant View Estates
Planned Unit Development District (PUD) by removing Section 2(G) from Ordinance 51-90
regarding time limitation for development as requested by Ron Herrig/John Herrig/Joseph
Bitter and Zoning Advisory Commission recommending denial. John Herrig, 13750 Surrey
Lane, spoke in favor of deleting the time restraint condition required for their development
noting that it is contrary to good development, which provides a tax base and contributes to
local economic development. He informed Council that litigation is pending with the
homeowners association that governs the current eight units and may affect the remaining
development. Planning Services Manager Laura Carstens provided a staff report stating that
there has been no development on this project since 1994 and Council does not need to
consider the litigation issue. She said that a time limitation on development is very difficult to
enforce. Zoning Advisory Commission Vice Chairperson Jeff Stiles said that the Commission’s
concern with the dormancy of the project and the possibility of current units falling into disrepair
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caused them to bring it to Council. Homeowners Association Attorney Jennifer Clemens, 2080
South Park, spoke on behalf of the owners of the original eight units. She said that the
residents claim the ability to vote on the entire development and want to know how far into the
development their property controls goes. Ms. Clemens recommended denial of the request
stating that more information will come out of the litigation. Council Members questioned the
difference between their taking away the time limitation and denying the request since the
developer has only to submit a new design, which will cause the development to stay inactive
as it has since 1994 because the City is not enforcing the time limitation. Council concurred
that the developer needs to address the issue. Motion by Michalski to table. Seconded by
Connors. Motion passed 4-3 with Lynch, Braig, and Cline voting Nay.
Bies Drive – Rezoning Amendment: Proof of publication on notice of hearing to consider an
amendment to Ordinance No. 56-01 to allow permanent vehicle access onto Bies Drive as
requested by Roger Klauer and Zoning Advisory Commission recommending approval. Motion
by Michalski to receive and file the documents and 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 passed be suspended. Seconded by Jones. Roger Klauer, 381
Moore Heights, spoke in favor of the amendment. Planning Services Manager Laura Carstens
provided a staff report stating that any configuration requires departmental reviews and no
public comment had been received. Motion by Michalski for final consideration and passage of
Ordinance No. 45-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by amending hereinafter described property located along Bies Drive from
C-3 General Commercial District with conditions to C-3 General Commercial District, with
conditions. Seconded by Braig. Motion carried 7-0.
427 / 429 Rhomberg Avenue – Request to Rezone: Proof of publication on notice of hearing
to consider rezoning property located at 427 / 429 Rhomberg Avenue and Parcel #10-24-216-
012 from R-2 Two-Family Residential District to OC Office Commercial District and C-3
General Commercial District as requested by Rich Billmeyer / John Mihalakis and Zoning
Advisory Commission recommending denial.
Communication from Elena Winter representing East Street and Rich Billmeyer/John
Mihalakis requesting this item be removed from consideration.
Petition in opposition to the rezoning of 427 / 429 Rhomberg Avenue.
Disposal of Previously Vacated Alley: Proof of publication on notice of hearing to consider
approval of the disposition of the City’s interest in Lot 19A of Union Avenue Subdivision to Greg
F. and Dawn M. Swift and City Manager recommending approval. Motion by Cline to receive
and file the documents and adopt Resolution No. 441-07 Disposing of City interest in Lot 19A
of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by
Connors. Motion carried 7-0.
Individual Historic Designation – 40-42 Main: Proof of publication on notice of hearing to
consider approval of the Individual Historic Designation of 40-42 Main Street and City Manager
recommending that the public hearing be tabled to October 1, 2007. Motion by Cline to receive
and file and table. Seconded by Lynch. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
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ACTION ITEMS
Convention and Visitors Bureau Quarterly Report: Sue Czeshinski provided the Convention
and Visitors Bureau quarterly report. She highlighted the hiring of Director of Sales Keith Rahe,
and Regional Sales Manager Zoe Pole, Hospitality Patrol, major convention business leads,
FAM Tours, Rockford sales blitz, arts and culture packages, and customer Internet availability
at the Welcome Center. Buol said it’s been a tremendous quarter for the Chamber. Connors
said through personal experience what a good job the Hospitality Patrol does. Michalski asked
if the Chamber was promoting area golf and casinos in response to the new Iowa City
combination golf/casino facility. Motion by Cline to receive and file. Seconded by Connors.
Motion carried 7-0.
Henschel – McNamer Place, Plat #3: Zoning Advisory Commission recommending approval
of the final plat of Henschel – McNamer Place, Plat #3 subject to waiving lot frontage
requirements for Lot 1. Motion by Michalski to receive and file the documents and adopt
Resolution No. 442-07 Approving the final plat of Henschel – McNamer Place, Plat # 3. Motion
carried 7-0.
Players Bar: City Manager recommending approval of the issuance of a six-month license to
Players, 1902 Central Avenue, to allow additional time for review and evaluation of the calls for
service. Motion by Cline to receive and file the documents and adopt Resolution No. 443-07
Granting the issuance of a six month Class “C” Beer/Liquor License to Players Sports Bar.
Cline said that not all calls are the fault of the business owner and questioned what the
average number of calls is to an establishment. She suggested consideration of
reimbursement to the City from establishments with an excessive number of police calls. Police
Chief Kim Wadding said that over 100 calls per year is high and that most calls to Players are
considered high-impact calls that require more than one police car and usually come at busy
times of the day. Jones said that asking for reimbursement from an establishment might
discourage police calls. Michalski said she appreciated the detailed statistics in addition to the
liquor violations as they provide a truer picture of the establishment’s record. Motion carried 7-
0.
Mediacom: Communication from Cari M. Fenzel, Regional Vice President of Mediacom,
advising that Mediacom is discussing the possibility of adding the Big Ten Network to their
lineup when it is launched later this year. Motion by Cline to receive and file. Seconded by
Connors. Council concurred that although the programming addition was not within their
jurisdiction, they appreciated the notice. Motion carried 7-0
COUNCIL MEMBER REPORTS
Michalski said that the plans for the September Iowa League of Cities Conference are
exciting and that this might be the biggest League conference to date.
Buol reminded everyone of the event, Leading the Way to Global Climate Solutions, at 10
a.m. on September 26 at the Grand River Center. This event is open to the public. He
acknowledged attendance of Boy Scout Troup 48.
There being no further business, upon motion the meeting was adjourned at 8:07 p.m.
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/s/Kevin S. Firnstahl
Assistant City Clerk
1t 8/29
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