Minutes City Council 9 17 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on September 17, 2007, in
the Historic Federal Building.
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 called for the purpose of
discussing such matters which may properly come before the Council.
Invocation was provided by Reverend Dr. Ronald Rankin, United Methodist Church.
PROCLAMATIONS
Constitution Week (September 17 – 23, 2007) was accepted by Eileen Coursey, 2222
Central Avenue; Crop Walk Day in Dubuque (October 7, 2007) was accepted by Dorothy
Krayer, 1205 Park Street.
CONSENT ITEMS
Motion by Michalski to receive and file the documents and dispose of as indicated.
Seconded by Lynch. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/30; City
Council of 8/28, 8/29 and 9/4; Civil Service Commission of 8/8; Historic Preservation
Commission of 8/16; Long Range Planning Advisory Commission of 8/15; Park and Recreation
Commission of 8/14; Zoning Advisory Commission of 9/5
Proofs of publication of City Council proceedings of August 20, August 22, August 28 and
August 29, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: Thomas J. Becker for vehicle damage; Julian and Shirley Regan for
property damage; Qwest for property damage; Duane J. Wille for vehicle 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: Julian and Shirley
Regan for property damage; Duane J. Wille for vehicle damage.
Upon motion the documents were received, filed and concurred.
U.S. Department of Transportation: Communication from Andrew B. Steinberg, U.S.
Department of Transportation, in response to the City’s letter in support of an application made
by American Airlines to obtain route authority to operate a daily nonstop flight from Chicago
O’Hare International Airport to Beijing, China. Upon motion the documents were received and
filed.
University Avenue Culvert and Sanitary Sewer Extension Project: City Manager
recommending acceptance of the University Avenue Culvert and Sanitary Sewer Extension
Project as completed by Tschiggfrie Excavating Company in the final contract amount of
$416,126.25. Upon motion the documents were received and filed and Resolution No. 465-07
Accepting the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project
and authorizing the payment of the contract amount to the contractor was adopted.
Fiscal Year 2007 City Street Finance Report: City Manager recommending approval of the
City of Dubuque’s Fiscal Year 2007 Street Finance Report for submittal to the Iowa
Department of Transportation. Upon motion the documents were received and filed and
Resolution No. 466-07 Approving the City of Dubuque Fiscal Year 2007 Street Finance Report
was adopted.
Safe Routes to School Plan: Communication to Chandra Ravada, Co-Director of
Transportation and Planning for East Central Intergovernmental Association, advising that the
City of Dubuque supports the Dubuque Community Schools Safe Routes to School Plan. Upon
motion the documents were received and filed.
Bi-Lingual Trail Signage Project: City Manager recommending approval of an Iowa
Department of Transportation Federal Recreation Trail Grant application to support the Bi-
Lingual Trail Signage Project. Upon motion the documents were received and filed and
Resolution No. 467-07 Approving the submittal of an application for Federal Recreational Trails
Program funding to the Iowa Department of Transportation for the Bi-Lingual Bike/Hike Trail
Signage Project was adopted.
Purchase of Property – 2265 Prince Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2265 Prince 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. 468-07 Approving the acquisition of
real estate located at 2265 Prince Street in the City of Dubuque was adopted.
Multijurisdictional Drug Task Force Agreement: City Manager recommending approval of an
amendment to the Multijurisdictional Drug Task Force Agreement between the City of
Dubuque, Dubuque County, City of East Dubuque, Illinois and Jo Daviess County, Illinois.
Upon motion the documents were received, filed, and approved.
Purchase of Property – 2106 Kniest Street: City Manager recommending approval of the
purchase of a residential rental dwelling located at 2106 Kniest 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. 469-07 Approving the acquisition of
real estate located at 2106 Kniest Street in the City of Dubuque was adopted.
Consolidated Annual Performance and Evaluation Report (CAPER): City Manager
recommending approval of the Consolidated Annual Performance and Evaluation Report
(CAPER) for the period of July 1, 2006 through June 30, 2007, which is required by the
regulations governing the Community Development Block Grant (CDBG) Program. Upon
motion the documents were received and filed and Resolution No. 470-07 Authorizing the
submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the
period commencing July 1, 2006 and concluding June 30, 2007, was adopted.
Enterprise Zone Recertifications: City Manager recommending approval to file applications
with the Iowa Department of Economic Development requesting Enterprise Zone
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Recertification for the City’s two existing Enterprise Zones. Upon motion the documents were
received and filed and Resolution No. 471-07 Authorizing the filing of an application with the
Iowa Department of Economic Development requesting Enterprise Zone Recertification of the
existing Enterprise Zone – 1 in the City of Dubuque; and Resolution No. 472-07 Authorizing
the filing of an application with the Iowa Department of Economic Development requesting
Enterprise Zone Recertification of the existing Enterprise Zone – 2 in the City of Dubuque were
adopted.
Plat of Survey – Alley Across from Former Dubuque Packing Plant: City Manager
recommending approval of the plat to accommodate the creation of a legal description for the
alley to be sold to SB Development, LLC. Upon motion the documents were received and filed
and Resolution No. 473-07 Approving plat of survey Lot 378A of East Dubuque No. 2 in the
City of Dubuque, Iowa, was adopted.
Plat of Survey – Waller Addition: Zoning Advisory Commission recommending approval of
the plat of survey of Waller Addition located on Lakeview Drive in Dubuque County, as
requested by John and Emily Rowe/Buesing and Associates. Upon motion the documents
were received and filed and Resolution No. 474-07 Approving the Plat of Survey of Waller
Addition was adopted.
Henschel’s Hidden Acres – Final Plat: Zoning Advisory Commission recommending
approval of the final plat of Henschel’s Hidden Acres located west of Miller Road Terminus (Lot
2 Henschel’s Hidden Acres) as requested by Thomas and Sheri Henschel. Upon motion the
documents were received and filed and Resolution No. 475-07 Approving the final plat of
Henschel’s Hidden Acres was adopted.
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 $5,500 to Mediacom for a variety of equipment for the public access studio. Upon
motion the documents were received, filed, and approved.
Eagle Point Park Fee Collection Booth Construction Project: City Manager recommending
acceptance of the Eagle Point Park Fee Collection Booth Construction Project as completed
by Klauer Construction Company in the final contract amount of $271,856. Upon motion the
documents were received and filed and Resolution No. 476-07 Accepting improvement and
Resolution No. 477-07 Approving final estimate were adopted.
Iowa Finance Authority Loan: City Manager recommending approval of a $500,000 loan
from the Iowa Finance Authority to assist with the townhouse project at 1126 White Street.
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. 478-07
Granting the issuance of one renewal permit to sell cigarettes and cigarette papers to Murph’s
South End; Resolution No. 479-07 Granting the issuance of a Class “C” Beer Permit to Wal-
Mart Supercenter, Hy-Vee Gas #2 and Ron’s Discount Smokes; and Resolution No. 480-07
Granting the issuance of a Class “B” (Motel/Hotel) Liquor License to Hilton Garden Inn, Red
Robin Gourmet Burgers; Class “C” Beer/Liquor License to Clarke College, Carlos O’Kelly’s
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Mexican Café, Bulldog Billiards, Happy’s Place, A & B Tap, and Star Restaurant/Ultra Lounge
were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline 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 Connors. Motion
carried 7-0
Vacation and Sale of Undeveloped Alley: City Manager recommending that a public hearing
be set for October 1, 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 Resolution No. 481-07 Resolution of Intent to dispose of Lot 378A of
East Dubuque No. 2 in the City of Dubuque, Iowa, was adopted setting a public hearing at a
meeting to commence at 6:30 p.m. on October 1, 2007 in the Historic Federal Building.
United States Postal Service: City Manager recommending that a public hearing be set for
October 1, 2007 to consider approval of a lease agreement with the United States Postal
Service for space at the Historic Federal Building. Upon motion the documents were received
and filed and Resolution No. 482-07 Resolution of Intent to dispose of interest in real property
by lease agreement between the City of Dubuque and the United States Postal Service was
adopted setting a public hearing at a meeting to commence at 6:30 p.m. on October 1, 2007, in
the Historic Federal Building.
Fiscal Year 2008 Budget Amendment: City Manager recommending that a public hearing be
set for October 1, 2007 to consider approval of the first amendment to the Fiscal Year 2008
Operating Budget. Upon motion the documents were received and filed and Resolution No.
483-07 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2008
Budget for the City of Dubuque was adopted setting a public hearing at meeting to commence
at 6:30 p.m. on October 1, 2007, in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointment was made to the following Commission: Civic Center Commission. Three 3-
year expired terms through June 29, 2010 – Terms of Bakke, Brannon, Nauman. Applicant:
Rod Bakke. Michalski moved to appoint Rod Bakke to a 3-year term through June 29, 2010.
Seconded by Lynch. Motion carried 7-0.
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the City Council.
PUBLIC HEARINGS
University of Dubuque Residential Parking Permit District: Proof of publication on notice of
hearing to consider a request for changes to Residential Parking Permit District A around the
University of Dubuque campus and City Manager recommending approval. Motion by Jones 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
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to be passed be suspended. Seconded by Braig. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 46-07 Amending the
Code of Ordinances of the City of Dubuque, Iowa, by repealing Subsection (a) of Section 32-
321.733 Establishing Residential Parking Permit District A and adopting in lieu thereof a new
Subsection (a) of Section 32-321.733 Re-Establishing Residential Parking Permit District A.
Seconded by Braig. Michalski said she had been contacted by a citizen that hoped the change
would not make the parking situation more difficult. Motion carried 7-0.
Text Amendment – Callahan Construction, Inc.: Proof of publication on notice of hearing to
consider a request from Joel Callahan, Callahan Construction, Inc., to amend Section 3-3.6 CS
Commercial Service and Wholesale District of the Zoning Ordinance to allow for indoor and
outdoor recreation facilities and Zoning Advisory Commission recommending approval. Motion
by Connors 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 Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 47-07 Amending
Sections 3-3.6(B) and 3-3.6(D) of the City of Dubuque Code of Ordinances by adding indoor
recreation facilities as a permitted use and outdoor recreation as conditional use in the CS
Commercial Service and Wholesale District. Seconded by Braig. Callahan Project Manager
Tom Dalsing spoke in support of the ordinance. Braig questioned what outdoor recreation
entailed. Carstens said it can include a wide variety of things but was definitively defined.
Motion carried 7-0.
Martin McNamer / NCR Developers – Creek Wood Drive: Proof of publication on notice of
hearing to consider a request from Martin McNamer / NCR Development to rezone property
located on Creek Wood Drive from R-2 Two-Family Residential District to R-1 Single-Family
Residential District and Zoning Advisory Commission recommending approval. Motion by Cline
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 Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 48-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located along Creek Wood Drive from R-2 Two-
Family Residential District to R-1 Single-Family Residential District. Seconded by Braig. Motion
carried 7-0.
Jim and Diane McClain – 1605 Kebbie Drive: Proof of publication on notice of hearing to
consider a request from Jim and Diane McClain to rezone property located at 1605 Kebbie
Drive from R-1 Single-Family Residential District to R-2 Two-Family Residential District and
Zoning Advisory Commission recommending approval. Motion by Cline 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 Braig. Motion carried 7-0.
Motion by Cline for final consideration and passage of Ordinance No. 49-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described located at 1605 Kebbie Drive from R-1 Single-Family
Residential District to R-2 Two-Family Residential District. Seconded by Lynch. Donald
Bycroft, 2179 Sunnyslope Drive, spoke in support of the ordinance saying he was planning to
purchase the property and build a duplex. Motion carried 7-0.
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John Kivlahan – Northwest Arterial: Proof of publication on notice of hearing to consider a
request from John Kivlahan to rezone property located south of the Northwest Arterial from C-3
General Commercial District to R-2 Two-Family Residential District and Zoning Advisory
Commission recommending approval. Motion by Cline 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
Braig. Motion carried 7-0.
Motion by Cline for final consideration and passage of Ordinance No. 50-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described located south of the Northwest Arterial and west of John F.
Kennedy Road from C-3 General Commercial District to R-2 Two-Family Residential District.
Seconded by Braig. John Kivlahan, 9422 Wildflower, spoke in support of the ordinance. Motion
carried 7-0.
Thomas and Sheri Henschel – Henschel’s Hidden Acres: Proof of publication on notice of
hearing to consider a request from Thomas and Sheri Henschel to rezone property located
west of Miller Road Terminus (Lot 2 Henschel’s Hidden Acres) from AG Agricultural District to
R-1 Single-Family Residential District and Zoning Advisory Commission recommending
approval. Motion by Connors 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 Cline. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 51-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described located at the end of Miller Road from AG Agricultural
District to R-1 Single-Family Residential District. Seconded by Braig. Motion carried 7-0.
Robert Hartig / Medical Associates Clinic: Proof of publication on notice of hearing to
consider a request from Robert Hartig / Medical Associates Clinic to amend the Medical
Associates Clinic Planned Unit Development (PUD) District to re-designate existing greenway
buffer for business uses and Zoning Advisory Commission recommending denial.
Communication from Robert Hartig, Medical Associates, requesting that this topic be tabled
to October 1, 2007.
Motion by Michalski to receive and file the documents and table until the October 1, 2007,
City Council meeting. Seconded by Connors. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Sister City – Handan, China: Request of Dirk Voetberg and Dick Landis to address the City
Council regarding the future of the Dubuque – Handan City Sister City relationship. Motion by
Cline to receive and file the documents and schedule a future work session. Seconded by
Connors. Dirk Voetberg, 779 University; and Dick Landis, 2390 Clarke Crest, provided
information saying that they will be meeting with Handan officials to discuss the future of the
Sister City relationship. Buol said that the City’s participation would involve a policy decision as
funding for this program was removed from the budget in 2004. He believed the program
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should be resurrected and suggested a short work session after Voetberg and Landis return
from Handan and prior to the FY 2009 budget process. Michalski said there is much to be
gained by the program and suggested designating a business or cultural representative.
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Lynch suggested inviting Handan officials to Dubuque’s 175 anniversary celebration and
questioned justifying using taxpayer money for travel to Handan. Voetberg said there would be
economic, cultural, and educational benefits. Cline said that there is more than one
municipality interested in a Sister City relationship. Connors said that since little had been
done with the program in the last six years, it would be interesting to resurrect it. She
suggested informing the Handan officials that there is interest in the program, but more
discussion is needed before making a decision. There was consensus among Council to
schedule a future work session. Motion carried 7-0.
Pebble Cove #2 – Preliminary Plat: Zoning Advisory Commission recommending approval of
the preliminary plat of Pebble Cove #2 as requested by John Kivlahan / Buesing and
Associates. Motion by Cline to receive and file the documents and approve. Seconded by
Connors. Motion carried 7-0.
Community Development Advisory Commission: City Manager submitting information on the
transfer of the designation of area representation between two current Community
Development Advisory Commission (CDAC) members. Motion by Michalski to receive and file
the documents and approve the change in CDAC representation by appointing Michael
Gukeisen to census tract 8.02 - at-large designation, and Teresa Caldwell to census tract 1 -
low and moderate income designation. Connors and Jones commended the CDAC for finding
a solution to the change in commissioner residency. Motion carried 7-0.
School Resource Officer (SRO) Agreement: City Manager recommending approval of the
School Resource Officer (SRO) agreement with Dubuque Community Schools for the 2007 –
2008 school year. Motion by Cline to receive and file the documents and approve. Seconded
by Braig. Motion carried 7-0.
Lead Paint Program: City Manager recommending that the two lead based paint inspector
positions be retained as the City reviews the code enforcement efforts of the lead paint
program. Motion by Jones to receive and file the documents and approve. Seconded by Cline.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol commented on how much he learned at the Mayor’s Summit in Sundance, Utah.
He encouraged everyone to register for the Growing Sustainable Communities program on
September 26, 2007.
PUBLIC INPUT
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LeeAnn Arlen, 125 W. 9 Street, expressed her concern over various public transportation
issues, including that the Keyline map does not contain street names, drivers are not
completing routes and are skipping hospitals and medical facilities. She would like to see the
City use buses with street-level entry, no steps, and with a lift that goes out to the curb and
back. She also felt that more mini buses are needed as well as bus shelters for people on sun-
sensitive medication. She commented that the City trolleys are not stopping where they are
supposed to and going in the right direction. Buol said that public transit is a high priority for
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the City Council. Michalski asked Arlen to send a copy of her comments to the Transit Board.
CLOSED SESSION
Upon motion the City Council convened in closed session p at 7:30 p.m. pending litigation
and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa.
Having given staff proper direction, upon motion the Council convened in regular session at
8:04 p.m. There being no further business, upon motion the Council adjourned at 8:05 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/26
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