5 20 02 Minutes this meeting!CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, May 20, 2002
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is the Regular Session of the City Council called
for the purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Rev. Wayne A. Ressler, Pastor of Nativity Catholic Church.
Proclamation: “Legal Services Corporation of Iowa” – May, 2002 received by Diane Wilson,
Managing Attorney of Legal Services in Dubuque.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 4/29; City Council of 5/6; Civil Service Commission
of 4/26; Housing Commission of 4/23; Human Rights Commission of 4/8; Investment Oversight
Advisory Commission of 5/8; Park and Recreation Commission of 4/9; Plumbing Board of 5/2;
Transit Board of 4/18; Zoning Advisory Commission of 5/1; Zoning Board of Adjustment of 4/25,
upon motion received and filed.
Michalski, referring to the Airport Comm. minutes, questioned Markham as an Airport
Commission member, as to any impact with the new Airport restaurant contractor’s recent
financial difficulties. Markham stated that major improvements had been made and work
continued.
Printed City Council Proceedings for January, 2002, upon motion approved as printed.
Finance Director submitting the Financial Reports for the month ending April 30, 2002;
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Investment Oversight Commission submitting the 36 Quarterly Report, upon motion received
and filed.
Proof of publication of City Council Proceedings of 4/15/02; Proof of publication of List of
Claims and Summary of Revenues for the month ending March, 2002, upon motion received
and filed.
Notice of Claims/Suits: John Kivlahan in estimated amount of $262.50; The Adams Company
vs. the City of Dubuque and the City Council of the City of Dubuque; Dodds River Terminal, et
al, vs. the City of Dubuque and the City Council of the City of Dubuque, upon motion referred to
the Legal Staff for investigation and report.
Corporation Counsel advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jerry Turner for
property damage, upon motion received and filed and concurred.
Corporation Counsel recommending approval of the claim of Darlene Millard in the amount of
$485.04 for vehicle damage and Finance Director to issue payment, upon motion received and
filed and concurred and directed Finance Director to issue payment.
Citizen Communications:
Communication from Robert Byrne and Cynthia Nelms-Bryne, The Main Gallery and Studio,
registering their objection to Mr. John Finn’s request to have a permanent right to expand
outside the Busted Lift, upon motion received and filed and referred to the City Manager.
Communication from John Finn in support of his request to have an outdoor patio at The
Busted Lift and responding to concerns from neighbors, upon motion received and filed and
referred to the City Manager.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development advising that the City has been approved for a
special project grant for Fiscal Year 2002 and communication from the U.S. Department of
Housing and Urban Development regarding the on-site review of the City’s Community
Development Block Grant Program, upon motion received and filed.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that The Grand Opera House will be considered by the State National Register
Nominations Review Committee for nomination to the National Register of Historic Places, upon
motion received and filed.
Iowa Governor’s Traffic Safety Bureau Grant: City Manager recommending approval of the
submission of a grant application to the Iowa Governor’s Traffic Safety Bureau in the amount of
$19,640, upon motion received and filed and approved.
Surface Transportation Board: Communication of City Manager Michael C. Van Milligen to
the Surface Transportation Board (STB) urging that the potential merger of the Dakota
Minnesota and Eastern Railroad (DME) and the I & M Rail Link be viewed as significant and
engage a full regulatory process when an application is submitted, upon motion received and
filed and approved.
Dubuque Industrial Center – Plat: City Manager recommending that the title of the Final Plat
of Lots H, I & J of Dubuque Industrial Center West be corrected to read “Lots H, I & J of
Dubuque Industrial Center West Third Addition” as requested by the Dubuque County Auditor’s
Office to avoid duplicate subdivision names, upon motion received and filed. Buol moved
adoption of Resolution No. 255-02 Changing the name of final plat of Lots H, I and J of
Dubuque Industrial Center West in the City of Dubuque, Iowa. Seconded by Cline. Motion
carried 7-0.
Patricia Ann Drive – Acceptance of Public Improvements: City Manager recommending
acceptance of the public improvements completed by the developer, Floyd S. Gudenkauf, in
Patricia Ann Acres, upon motion received and filed. Buol moved adoption of Resolution No.
256-02 Accepting improvements in Patricia Ann Acres. Seconded by Cline. Motion carried 7-0.
Iowa Department of Transportation – Woodward Museum: City Manager recommending
approval of a Supplementary Agreement with the Iowa Department of Transportation for the
Woodward Museum (Freight House) Restoration Project, upon motion received and filed. Buol
moved adoption of Resolution No. 257-02 Authorizing a Supplemental Agreement with the
Iowa Department of Transportation for the Woodward Museum (Freight House) Restoration
Project. Seconded by Cline. Motion carried 7-0.
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Northwest Arterial – IDOT Agreement: City Manager recommending approval of a Pre-
construction Agreement with the Iowa Department of Transportation relating to the construction
of Iowa 32 (Northwest Arterial) from John F. Kennedy Road to US 52, upon motion received
and filed. Buol moved adoption of Resolution No. 258-02 Approving Pre-Construction
Agreement No. 99-4-095C with the Iowa Department of Transportation relating to the
construction of Iowa 32 (Northwest Arterial) from John F. Kennedy Road to US 52. Seconded
by Cline. Motion carried 7-0.
Harvest Business Center – Final Plat (Street Renaming): City Manager recommending
approval of the final plat of Harvest Business Center (previously approved on March 18, 2002)
as the developer has requested that the original street name of Commerce Court be renamed
to Meinen Court, upon motion received and filed. Buol moved adoption of Resolution No. 259-
02 Rescinding Resolution No. 169-02 and reaffirming the final plat of Harvest Business Center,
in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0.
Fiscal Year 2003 Community Development Block Grant Program: City Manager
recommending authorization of the publication of a Combined Notice of No Significant Impact
on the Environment and Notice of Intent to Request Release of Funds for Community
Development Block Grant activities, upon motion received and filed. Buol moved adoption of
Resolution No. 260-02 Authorizing publication of the Combined Notice of No Significant Impact
on the Environment and Notice of Intent to Request Release of Funds for certain Community
Development Block Grant projects for Fiscal Year 2003 (Program Year 2002). Seconded by
Cline. Motion carried 7-0.
Project Concern – Fiscal Year 2002 Amendment: City Manager recommending approval of an
amendment to the Fiscal Year 2002 Purchase of Service Agreement with Project Concern,
upon motion received and filed and approved recommendation.
Lead Based Paint Hazard Reduction Grant: Communication from the Community Development
Advisory Commission recommending support for the allocation of $60,000 of CDBG funds for
Fiscal Years 2003, 2004 and 2005 for the Lead Based Paint Hazard Reduction Program, upon
motion received and filed.
Architectural Design Guidelines: The Historic Preservation Commission recommending
approval of the Architectural Guidelines for Historic Structures, upon motion received and filed
and approved Guidelines.
Easement Agreement for Recreational Trail: City Manager recommending approval of an
easement agreement with Interstate Power and Light Company for the City to construct a
recreational trail on their property, upon motion received and filed and approved agreement.
Quebecor Enterprise Zone Agreement: City Manager recommending approval of an
Enterprise Zone Agreement with the Iowa Department of Economic Development for Quebecor
World Dubuque, Inc. related to Quebecor’s expansion on Kerper Boulevard, upon motion
received and filed. Buol moved adoption of Resolution No. 261-02 Approving an Enterprise
Zone Agreement by and among the Iowa Department of Economic Development, the City of
Dubuque and Quebecor World Dubuque, Incorporated. Seconded by Cline. Motion carried 7-
0.
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McGraw Hill – Certificate of Completion: City Manager recommending the issuance of a
Certificate of Completion to the developer of the McGraw-Hill project acknowledging
achievement of their obligation to complete minimum improvements as stipulated in the
Development Agreement, upon motion received and filed and approved issuance of Certificate.
Giese Manufacturing Company Development Agreement: City Manager recommending
approval of a minor change in the Development Agreement with Giese Manufacturing Company
previously approved by Council for construction of a 28,500 square foot facility rather than a
30,000 square foot facility, upon motion received and filed and approved change.
Old Highway 20 Water Main Extension Project: City Manager requesting authorization to
offer up to a maximum $10,000 early completion bonus for the Old Highway 20 Water Main
Extension Project to ensure the project is finished prior to the Dubuque County Fair, upon
motion received and filed and approved request.
Lease Agreement: City Manager recommending City Council approval of an agreement in
the Ice Harbor between the Dubuque County Historical Society and Peninsula Gaming
Company, LLC, upon motion received and filed.
Government Finance Officers Association: City Manager advising that the City’s
Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2001 has
qualified for a Certificate of Achievement for Excellence in Financial Reporting from the
Government Finance Officers Association (GFOA), upon motion received and filed.
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Michalski spoke praising the City staff for this award received now for the 14 year in a row.
Colts Drum and Bugle Corps: Request of the Colts Drum and Bugle Corps to transfer their
liquor license to Eagle Point Park on June 8, 2002, upon motion received and filed and
approved request.
Business License Refund: Request of Chi-Chi’s for a refund of the beer and liquor license in
the amount of $633.75, upon motion received and filed and approved request.
Business Licenses: Buol moved adoption of Resolution No. 263-02 Granting the issuance of
forty-four renewal permits to sell cigarettes and cigarette papers within the City; Resolution No.
264-02 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Catfish
Festival; Resolution No. 265-02 Granting issuance of a Class “A “ (Club) Liquor license to
Dubuque Golf and Country Club and a Class “C” Beer/Liquor License to Breaktime Bar & Grill;
Tott’s Tap; Underground, Bricktown, and Stonewall; and Dempseys/Molly’s Pub and Grub.
Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Commissions:
Civil Service Commission (One four year term to expire 4/6/06 – Kluesner). Applicant: Loras
Kluesner. No one spoke.
Investment Oversight Commission (One term to expire 7/1/05 – Spielman). Applicant:
Charles Spielman. No one spoke.
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PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council if they
so desire.
Callahan Construction – Request to Rezone and Voluntary Annexation:
Proof of publication on notice of hearing to consider rezoning property located on Seippel
Road from County R-2 to City R-2 Two-Family Residential District, R-4 Multi-Family Residential
District, and CS Commercial Service and Wholesale District in conjunction with annexation and
Zoning Advisory Commission recommending approval; Zoning Advisory Commission
recommending approval of the preliminary plat of Callahan Subdivision with conditions and
subject to annexation; City Manager recommending approval of the annexation and certain
components of the request for assistance to build owner occupied affordable housing;
communication of Roseann Schromen objecting to the proposed rezoning and development,
presented and read.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 13000 block of Seippel
Road from Dubuque County R-2 Rural Residential to City of Dubuque R-2 Two-Family
Residential District, R-4 Multi-Family Residential District and CS Commercial Service and
Wholesale District, concurrent with annexation, presented and read.
A Resolution Annexing certain territory to the City of Dubuque, presented and read.
Joe Callahan, owner and proposed developer, spoke clarifying this proposed project of
moderate income housing on Seippel Rd. and gave the Council pictures of similar houses
developed in Rochester. He also requested changes in street asphalt depths and City help
with water and sewer installations.
Maureen Harris of 13521 Seippel Rd. spoke objecting to the proposed development because
of its density and additional traffic, and questioned services for any Section 8 residents.
Roseann Schromen, 13782 Seippel Rd., as the immediate northerly property owner, spoke
objecting to the project, citing the density of the development if duplexes are allowed, and the
problem of over-development, as well as traffic problems on Middle Road.
Karen Gerhard, 1294 Middle Rd., spoke objecting to the possibility of seven houses on one
acre lots.
Bridget Stepanovich, 6197 Middle Rd., spoke of safety concerns.
Council discussed the proposal at length.
Buol moved that the proofs and communications be received and filed, 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 and further
moved final consideration and passage of the Ordinance, and adoption of the Resolution.
Seconded by Nicholson. Vote on the motion was as follows: Yeas—Buol, Nicholson. Nays—
Cline, Connors, Duggan, Markham, Michalski, Nicholson, Motion failed 2-5.
Education and Conference Center – Bid Package #1: Proofs of publication on notice of
hearing on plans and specifications, and notice to bidders on the receipt of bids, and City
Manager recommending award of the contract for the Education and Conference Center – Bid
Package #1 Project to Kraemer Brothers in the amount of $1,597,000, upon motion received
and filed. Cline moved adoption of Resolution No. 266-02 Adopting plans and specifications
for the project and Resolution No. 267-02 Awarding contract to Kraemer Brothers. Seconded
by Nicholson. Motion carried 7-0.
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Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Stormwater RFP Consultant Selection: City Manager recommending that the team of Camp
Dresser & McKee, working with WHKS & Company, be retained to formulate and assist in the
implementation of the Stormwater Utility for the City of Dubuque, upon motion received and
filed and approved recommendation.
Southern Hills Subdivision III – Final Plat: City Manager recommending approval of the final
plat of Lots 1 – 25, inclusive, of Block 1 and Lot A of Southern Hills Subdivision III, upon motion
received and filed. Markham moved adoption of Resolution No. 268-02 Approving the final
plat of Lots 1 – 25, inclusive, of Block 1 and Lot A of Southern Hills Subdivision III in Dubuque
County, Iowa. Seconded by Cline. Motion carried 7-0.
Purchase of Real Estate for Stormwater Detention: City Manager recommending approval of
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the purchase of a home located on West 32 Street for $99,000 and that the property be
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utilized as part of the expansion of the 32 Street Detention Cell, upon motion received and
filed and approved purchase.
Code of Ordinances – Town Clock Plaza: City Manager recommending changes to the Code
of Ordinances to delete references to Town Clock Plaza in various sections of the Code, upon
motion received and filed. Ordinance No. 39-02 Repealing Ordinance No. 37-71 Designating
and naming portions of certain rights-of-way “Town Clock Plaza”; amending the City of
Dubuque Code of Ordinances by repealing Section 9-19 Prohibiting riding a bicycle in Town
Clock Plaza; by amending Section 18-2 225-26 Prohibiting the use of live vegetation for
support of overhead conductor spans except in Town Clock Plaza by deleting the reference to
Town Clock Plaza; by repealing Chapter 31 Article VII Town Clock Plaza prohibiting certain
uses of Town Clock Plaza without a lease; by amending Section 32-250(a) prohibiting certain
nonmotorized vehicles in Town Clock Plaza and other places by deleting the reference to Town
Clock Plaza; and by repealing Section 35-27 exempting Town Clock Plaza from the
requirement for certain business licenses, presented and read. Buol 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 and further
moved final consideration and passage of the Ordinance. Seconded by Cline. Carried by the
following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays—Duggan.
Interstate Power and Light Company Rate Case: City Manager requesting authorization to
hire legal counsel to represent the City of Dubuque in the Interstate Power and Light Company
rate case to ensure that the community’s interests are represented, upon motion received and
filed and approved request.
Mayor Duggan turned control of the meeting to the Mayor Pro-Tem due to possible conflict of
interest.
Mississippi Valley Truck Center, Inc.: City Manager recommending approval of the
establishment of the fair market value and commencement of negotiations for property in the
Port of Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 269-
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02 Establishing Fair Market Value for the acquisition of certain real property owned by
Mississippi Valley Truck Center, Inc. Seconded by Nicholson. Motion carried 6-0.
Mayor returned and took control of the meeting.
Dubuque Area Chamber of Commerce - Purchase of Service Agreement: City Manager
recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber
of Commerce Convention and Visitors Bureau for Fiscal Year 2003 in the amount of $475,756
and to provide greater City Council involvement in review of the marketing plan and budgeting
process for the use of these City funds, upon motion received and filed and approved
recommendation.
Fourth Street Parking Ramp Rates: City Manager recommending approval of the parking
rate fees for both monthly contract parking and hourly rates for the Fourth Street Parking Ramp,
upon motion received and filed and approved.
Community Partnership (cp2) Program – Fiscal Year 2003 Recommendation: City Manager
recommending approval of the allocation of Fiscal Year 2003 Community Partnership Program
funds to the Gannon Center ($18,500), Hillcrest Family Services ($50,000), Northeast Iowa
School of Music ($17,305) and Scenic Valley Agency on Aging ($20,000), upon motion
received and filed. Cline moved adoption of Resolution No. 270-02 Authorizing the award of
Community Partnership Program (cp2) Funds for Fiscal Year 2003. Seconded by Nicholson.
Motion carried 7-0.
Mayor Duggan turned control of the meeting to the Mayor Pro-Tem due to possible conflict of
interest.
MWF Properties/Felderman Business Partnership – Amend PUD (First Reading on 4/15/02;
Second Reading on 5/6/02):
Ordinance No. 40-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by amending the Conceptual Development Plan for property located at the
end of Raven Oaks Drive and currently zoned PUD Planned Unit Development District with a
PR Planned Residential Designation, said Ordinance having been presented and read on
4/15/02 and 5/6/02, now presented for final action. Markham moved further moved final
consideration and passage of the Ordinance. Seconded by Connors. Carried by the following
vote: Yeas—Connors, Markham, Michalski, Nicholson. Nays—Buol, Cline.
Communication from Bob Felderman, Continental Realty & Felderman Appraisals, in support
of the proposed project, upon motion received and filed.
Communication from Dominic Goodmann III, in support of the application of MWF Properties
and Felderman Business Partnership to amend the PUD District on Raven Oaks Drive, upon
motion received and filed.
Petitions in opposition to the proposed rezoning, upon motion received and filed.
Mayor Duggan returned and took control of the meeting.
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Expansion of Parking Meter District on 8 Street and Main Street (First Reading on 5/6/02):
An Ordinance Amending Section 32-336 of the City of Dubuque Code of Ordinances,
establishing the Municipal Parking Meter District by adding both sides of Eighth Street from
Main Street to Locust Street and both sides of Main Street from Fifth Street to Ninth Street, said
Ordinance having been presented and read at the Council Meeting of 5/6/02, now presented for
further action. Buol moved that the requirement that a proposed Ordinance be considered and
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voted on for passage at two Council Meetings prior to the meeting at which it is to be finally
passed be suspended and further moved final consideration and passage of the Ordinance.
Seconded by Nicholson. Vote on the motion was as follows: Yeas—Buol, Cline, Connors,
Markham, Nicholson. Nays—Michalski, Duggan. Motion failed due to lack of 3/4 vote.
Nicholson then moved that this be considered the second reading of the Ordinance.
Seconded by Markham. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham,
Nicholson. Nays—Michalski, Duggan.
COUNCIL MEMBER REPORTS
City Manager Van Milligen shared the fact that Nicholson’s National League of Cities’
Information, Technology & Communications Steering Committee members from all over the
United States were in Dubuque for a recent meeting and that he had given the Dubuque 2005
powerpoint presentation. The Eugene, OR Council Member Nancy Nathanson was so
impressed she shared the presentation with her City Council.
ITEMS TO BE SET FOR PUBLIC HEARING
Loras College – Request to Vacate: City Manager recommending that a public hearing be set
for June 3, 2002 to consider a request from Loras College to vacate Helena Street and a
portion of Henion Street, upon motion received and filed. Michalski moved adoption of
Resolution No. 271-02 Approving plat of proposed vacated Helena Street and a portion of
Henion Street. Seconded by Nicholson. Motion carried 7-0. Ordinance No. 41-02 Vacating
Helena Street and a portion of Henion Street, presented and read. Michalski 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 and further
moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion
carried 7-0. Michalski moved adoption of Resolution No. 272-02 of Intent to dispose of City
interest in Lots 1A and 2A of Hodgdon’s Subdivision in the City of Dubuque, Iowa, with public
hearing set for 6/3/02 at a meeting to commence at 6:30 P.M. in the public library auditorium
and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
South Fork Phase III – Acceptance and Connection Fees: City Manager recommending
acceptance of the South Fork Sanitary Sewer Extension Project – Phase III in the final contract
amount of $613,467.99 and that a public hearing be set for June 17, 2002 on the establishment
of connection fees, upon motion received and filed. Michalski moved adoption of Resolution
No. 273-02 Accepting the public improvement to the South Fork Sanitary Sewer Project –
Phase III; Resolution No. 274-02 Approving final cost of the improvement to the South Fork
Sanitary Sewer Project – Phase III; Resolution No. 275-02 Providing for notice of the date,
time and place of a public hearing on an ordinance establishing the South Fork Sanitary Sewer
Project Phase III and a schedule of connection fees, and setting this for public hearing on
6/17/02 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City
Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried
7-0.
At 8:37 P.M. upon motion it was resolved to go into Closed Session: re: Property Acquisition –
Chapter 21.5(1)(j) 2001 Code of Iowa.
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At 9:08 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:09 P.M.
/s/ Karen M. Chesterman
Deputy City Clerk
1t 5/29
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