12 16 02 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Monday, December 16, 2002
Council met for dinner at 4:15 P.M. in the Second Floor Library Rotunda
Council met in special session at 4:51 P.M. in the Public 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 a special session of the City Council called
for the purpose of discussing the proposed Stormwater Utility.
Assistant City Engineer Gus Psihoyos introduced individuals representing various
segments of the community that were working together as the Citizen Advisory Committee for
the Stormwater Utility.
Steve Sedgewick of Camp Dresser & McKee (CDM), the Consultant for this project,
presented various aspects of the proposed Stormwater Utility program and clarified those
items of the presentation that all committee members had come to a consensus upon and
those items that no consensus had yet been reached. He stated that over 7 cities in Iowa
and 350 in the United States have a Stormwater Utility.
Mike Portzen, as Chair of the Committee, spoke of various specifics of the project as did
Mike Coty, Dave Stuart, Tracy Wagner, Bob Hartig and Ron Smith. Discussed were the
City’s aging infrastructure system, the design of the project, the 24.5 M cost of the project,
the possibility of raising funding from a variety of sources and the possible variability of fee
amounts, concerns about bankrupting non-profit and religious facilities, whether a utility
should have a sunset clause, and possible subsidies for tax exempt properties.
Rev. Ken Bickel, Past President of DACU, Ron Smith of Dubuque Homebuilders, Bob
Hartig and Dave Stuart as well as other committee members spoke voicing relevant
concerns.
There being no further business, upon consensus meeting adjourned at 6:11 P.M.
/s/ Karen M. Chesterman
Deputy City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Monday, December 16, 2002
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Council met in regular session at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Invocation was given by Reverend Jeffrey F. Bullock, Ph.D., President of the University of
Dubuque.
Mayor Duggan 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 City Council.
CONSENT ITEMS
Minutes Submitted: City Council of 12/2 and 12/9; Five Flags Commission of 8/19 and
9/16; Housing Code Appeals Bd. of 11/19; Human Rights Commission of 11/18; Long
Range Planning Commission of 11/20; Park and Recreation Commission of 11/12, upon
motion received and filed.
Proofs of publication of City Council Proceedings of 11/18/02 and 11/25/02 and List of
Claims and Revenues for month ending October 31, 2002, upon motion received and filed.
Council Proceedings of October 2002, upon motion approved as printed.
Finance Director submitting Financial Reports for the month ending November 30, 2002,
upon motion received and filed.
Notice of Claims/Suits: Chris E. Cullen for property damage; Welu, Inc. d/b/a Welu
Printing Co. by Attorney E. David Wright for property damage, upon motion referred to the
Legal Staff for investigation and report.
Corporation Counsel advising that the following claims have been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Chris E. Cullen,
E. David Wright for Welu, Inc. d/b/a Welu Printing Co., upon motion received and filed and
concurred.
Corporation Counsel recommending settlement of Ricky St. Claire claim in the amount of
$108.69, upon motion received and filed and concurred and Finance Director to issue proper
payment.
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Citizen CommunicationJohn Steger objecting to zoning interpretation, upon motion
received and filed and referred to the City Manager.
2002 Human Rights Annual Report: Human Rights Commission submitting their 2002
Annual Report, upon motion received and filed.
IDOT Agreement – U.S. Highway 20 Intersection: City Manager recommending approval of
a pre-construction Agreement between the City and the Iowa Department of Transportation
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for improvement to U.S. 20 within the City of Dubuque, upon motion received and filed.
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Markham requested clarification of the specifics of this Agreement which would include an
intelligent travel control system and turn lanes at several intersections within the City of
Dubuque.
City Manager Michael Van Milligen and Public Works Director Mike Koch spoke and
explained the details.
Cline moved adoption of Resolution No. 636-02 Approving Agreement between the City of
Dubuque and the Iowa Department of Transportation for Improvements to US 20. Seconded
by Michalski. Motion carried 7-0.
Dubuque Community Schools Request to Purchase Property: Communication from the
Dubuque Community School District to vacate a portion of City alley abutting School District
property at 330 Bryant Street, 340 Bryant Street, and 1280 Mt. Loretta St., upon motion
received and filed and referred to the City Manager.
Workers’ Compensation Claim Settlement: Corporation Counsel requesting approval of a
proposed settlement of Workers’ Compensation claim of John Fitzgibbons, upon motion
received and filed and approved request.
Grand River Center Request for Proposals for Creative Services: City Manager
recommending approval of a Request for Proposal for creative development services for the
Grand River Center, upon motion received and filed and approved request.
Dubuque County Historical Society contract with Scharff-Weisberg Amendment: City
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Manager recommending approval of amendment to the Contract with Scharff-Weisberg
for National Scenic Byways Grant, upon motion received and filed and approved
recommendation.
The following item was removed at the request of the applicant: Plat of Survey, 1670 John
F. Kennedy Road: Zoning Advisory Commission recommending approval of the Plat of
Survey of Lot 1 and Lot 2 of Kopp’s JFK Addition No. 2 and Resolution Approving the Plat of
Survey of Lot 1 and Lot 2 of Kopp’s JFK Addition No. 2 in the City of Dubuque, Iowa.
Plat of Survey, Rockdale Road: Zoning Advisory Commission recommending approval of
the Plat of Survey of Lot 1-2 and Lot 2-2 of Shipton’s Second Addition, upon motion received
and filed. Michalski moved adoption of Resolution No. 637-02 Approving the Plat of Survey
of Lot 1-2 and Lot 2-2 of Shipton’s Second Addition in the City of Dubuque, Iowa. Seconded
by Markham. Motion carried 7-0.
Downtown Planning Committee Membership: Communication of Long Range Planning
Commission recommending adding two new members to the Downtown Planning
Commission from Dubuque Initiatives and Dubuque Cultural Alliance, upon motion received
and filed and approved recommendation.
Ice Harbor Maintenance Dredging Project – Acceptance: City Manager recommending
acceptance of the 2002 Maintenance Dredging Project – Ice Harbor Flood Control Gate
Structure in the final amount of $109,925.00, upon motion received and filed. Michalski
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moved adoption of Resolution No. 638-02 Accepting Improvement and Resolution No. 639-
02 Final Estimate. Seconded by Markham. Motion carried 7-0.
Civil Service Certification of Sanitation Driver Position: Civil Service Commission
submitting certification of individuals tested for Sanitation Driver, upon motion received and
filed and resolved to make a matter of record.
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Housing Tax Credit Gronen Properties: City Manager recommending support of
application for equity financing assistance for the Gronen Upper Main Revitalization Project,
upon motion received and filed. Michalski moved adoption of Resolution No. 640-02
Authorizing the City Council to endorse the Gronen Properties’ Application for Federal
Assistance for a Rental Housing Rehabilitation Project on Upper Main Street. Seconded by
Markham. Motion carried 7-0.
YMCA Drive – Habitat for Humanity, Drainage Problem: City Manager responding to
concerns by Habitat for Humanity as to drainage problems on YMCA Drive, upon motion
received and filed.
Asbury Plaza Detention Basin Response: City Manager responding to concern of Judy
Riniker about water runoff near the Asbury Plaza area, upon motion received and filed.
Transit Boarding Facility Architectural Services: City Manager requesting authorization to
negotiate a contract for Architectural Services to design a Transit Boarding Facility, upon
motion received and filed and approved recommendation.
Iowa Department of Economic Development Grant Agreement for Downtown Master Plan:
City Manager recommending approval of an Agreement with the Iowa Department of
Economic Development for a $25,000 grant from IDED’s Community Development Fund for
preparation of the Downtown Master Plan, upon motion received and filed. Michalski moved
adoption of Resolution No. 641-02 Authorizing Iowa Department of Economic Development
Grant Agreement for Downtown Master Plan. Seconded by Markham. Motion carried 7-0.
Mississippi River Discovery Center Wetlands Site Package II: City Manager
recommending authorization to execute a Supplemental Agreement for the Mississippi River
Discovery Center (MRDC) Wetland Site Package II, Interior Walkways Project, upon motion
received and filed. Michalski moved adoption of Resolution No. 642-02 Authorizing a
Supplemental Agreement with the Iowa Department of Transportation for the Mississippi
River Discovery Center Wetland Site Package II, Interior Walkways Project. Seconded by
Markham. Motion carried 7-0.
Dubuque Hardwoods Deeds: Corporation Counsel recommending acceptance of the
deeds from Dubuque Hardwoods, Inc., Robert and Lynn Miller, and Midwest Hardwoods,
Inc., upon motion received and filed. Michalski moved adoption of Resolution No. 643-02
Accepting the Deeds to certain Real Estate in Dubuque County, Iowa from Dubuque
Hardwoods, Inc. and Robert and Lynn Miller and Resolution No. 644-02 Accepting the deed
to certain Real Estate in Dubuque County, Iowa from Midwest Hardwoods, Inc. Seconded by
Markham. Motion carried 7-0.
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Muddy Waters Business Response: City Manager responding to letter from Jessica Barnes
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concerning police enforcement at the Muddy Waters establishment at 18 and Central, upon
motion received and filed.
Application for EPA Brownfield Clean-Up Grant: City Manager recommending endorsement
of a submission of an application for the EPA Brownfield Cleanup Grant Application for
Petroleum Contaminated Property in the Port of Dubuque, upon motion received and filed.
Michalski moved adoption of Resolution No. 645-02 Endorsing the Submission of a
Brownfield Cleanup Grant Application to the U.S. Environmental Protection Agency for
Cleanup Activities in the Port of Dubuque. Seconded by Markham. Motion carried 7-0.
EDA Grant for Adams Co. Acquisition: City Manager recommending approval of a contract
with the Economic Development Administration for a $2 Million Grant for the Acquisition of
the Adams Co., upon motion received and filed. Michalski moved adoption of Resolution No.
646-02 Authorizing the Execution of a Contract with the Economic Development
Administration. Seconded by Markham. Motion carried 7-0.
Business Licenses: Michalski moved adoption of Resolution No. 647-02 Authorizing the
issuance of Class C Beer Permit to Kwik Stop Food Mart, 2320 Hwy 61, IOCO Speede
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Shoppe at 2150 Twin Valley, Big 10 Mart at 9 and Central, and Hy-Vee #2 at 4800 Asbury
Rd. and Resolution No. 648-02 Authorizing the issuance of Class B Hotel-Motel Liquor
License to Julien Inn at 200 Main, Holiday Inn 5 Flags at 450 Main St. and Class C
Beer/Liquor License to Michael’s Bar X at 2616 Windsor Ave.; White House at 450 W.
Locust; Moracco at 1413 Rockdale Rd.; Ryan House at 1375 Locust St.; and Bowling &
Beyond Dubuque at 1860 Hawthorne. Seconded by Markham. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
Decorah Street Request to Vacate: City Manager recommending that a public hearing be
set for January 6, 2003 to consider a request from Douglas and Jean Kapp and William and
Carole Kubler to vacate and purchase a portion ofDecorah Street east of Adair Street, upon
motion received and filed. Michalski moved adoption of Resolution No. 649-02 Approving
Plat of Proposed Vacated Decorah Street East of Adair St. Seconded by Connors. Motion
carried 7-0. Ordinance No. 98-02 Vacating Decorah Street East of Adair 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 Connors. Motion carried 7-0. Michalski moved adoption of
Resolution No. 650-02 Of Intent to dispose of interest and vacate portions of Lot 10A and Lot
11A of Woodlawn Park and further set this for public hearing on 1/6/03 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 required by law. Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
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Applicants are invited to address the Council regarding their desire to serve on the
following Boards/Commissions: Human Rights Commission (Three 3-year terms to expire
1/1/06) Applicants: Cynthia Cechota, Penny Ehlinger, Joseph A. Hopkins, Marty O’Shea,
Charles F. Ryan, Vincent J. Vanden Heuvel, and Kimberly Walsh
Penny Ehlinger, Kimberly Walsh, Cynthia Cechota, Charles Ryan, and Marty O’Shea spoke
requesting consideration for appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Mediacom Franchise Extension: Proof of publication on notice of hearing to consider an
additional three-month lease extension of the existing Mediacom cable franchise and City
Manager recommending approval and communication of Charlie Ellis, Chair of Cable
Regulatory Commission, requesting that an extension be granted, upon motion received and
filed. Ordinance No. 99-02 Extending the term of the existing Cable Franchise Agreement
and Hub Site Lease of MCCIowa, LLC to March 31, 2003, 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
Nicholson. Motion carried 7-0.
Embassy West Drive Sidewalk: Proof of publication on notice of hearing on amended
plans and specifications to consider the Embassy West Drive sidewalk installation as part of
the amended 2000 Sidewalk Installation Program and City Manager requesting direction,
upon motion received and filed.
John Herrig, 13668 Surrey Lane, Dubuque, Iowa spoke agreeing to install permanent
sidewalks two years from this date and within sixty days will provide a walkway of crushed
rock with a lime surface on the area in question.
Buol moved that within sixty days a walkway of crushed rock with a lime surface be
installed and that a two year extension from this date be given for permanent installation of a
sidewalk. Seconded by Connors. Motion carried 7-0.
Buol moved adoption of Resolution No. 651-02 With Respect to the Adoption of the
Amended 2000 Sidewalk Installation Program without amendment, and Resolution No. 652-
02 Adopting Plans and Specs. for the Amended 2000 Sidewalk Installation Program by
deleting Embassy West Subdivision BAL Lot 1-1-A and Hamel Place and 361 Cedar Cross.
Seconded by Connors. Motion carried 7-0.
City Hall Annex Roof Replacement Project: Proof of publication on notice of hearing on
plans and specifications and notice to bidders on the receipt of bids, and City Manager
recommending awarding of the contract for the City Hall Annex Roof Replacement Project to
Giese Sheet Metal of Dubuque, Iowa in the contract amount of $29,500, upon motion
received and filed. Markham moved adoption of Resolution No. 653-02 Adopting plans and
specifications and Resolution No. 654-02 Awarding contract to Giese Sheet Metal.
Seconded by Connors. Motion carried 7-0.
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Garfield Avenue and Stafford Street Rezoning Request: Proof of publication on notice of
hearing to consider rezoning property located at the corner of Garfield Avenue and Stafford
Street from R-2A Alternate Two-Family Residential District to R-3 Moderate Density at the
request of Jay Winger / Winger Construction and Zoning Advisory Commission
recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque by reclassifying property at the corner of Garfield Avenue and Stafford
Street from R-2A Alternate Two Family Residential District to R-3 Moderate Density Multi-
Residential District, presented and read.
Lyle Daughetee, 715 Garfield and John McCann, 722 Rhomberg, spoke objecting to the
proposed rezoning.
Markham moved to deny the request for rezoning. Seconded by Connors. Motion
carried 7-0.
3001 North Cascade Road Rezoning Request: Proof of publication of notice of hearing to
consider rezoning property located at 3001 North Cascade Road from R-1 Single Family
Residential District to C2 Neighborhood Shopping Center District at the request of Jerry and
Lisa Graff / John and Carol Heiderscheit and Zoning Advisory Commission recommending
approval, communication of Tom and Jean McDermott objecting to proposed rezoning, and
petition with 11 signatures objecting to proposed rezoning, and a communication from Stan K
and Lou Ann Ward of Tri-State Golf withdrawing their names from the petition, upon motion
received and filed.
Jerry and Lisa Graff, as applicants, spoke detailing their request for rezoning of the 150’ of
property.
Tim Duggan, 1057 Bonnie Ct., spoke objecting to the proposed rezoning.
Carole Heiderscheit, as applicant, spoke also to the proposed rezoning.
Council recessed the public hearing until Exhibit B was prepared and signed by all of the
applicants which would limit the rezoning to Business Services only.
Council reconvened the Public Hearing.
Ordinance No. 100-02 Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying property north of 3001 North Cascade Road
from R-1 Single Family Residential District to C2 Neighborhood Shopping District, as
amended, presented and read. Markham 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, as amended. Seconded by Michalski. Motion
carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
SW Arterial Building Permit Moratorium Request: City Manager recommending approval of
a request to allow Kim Sanford of 103 Cousins Road to build a garage in the Southwest
Arterial Moratorium area, upon motion received and filed and approved recommendation.
Ed Tschiggfrie Requesting Tower Hills Drive as a Public Street: Attorney Gary Norby on
behalf of Ed Tschiggfrie – T-Corp., requesting that the City utilize Eminent Domain
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proceedings to acquire Tower Hills Drive as a public street, upon motion received and filed
and referred to the City Manager.
Naming River’s Edge Plaza as “America’s Trust River’s Edge Plaza:” City Manager
recommending approval of a request that the River’s Edge Plaza be named the “American
Trust River’s Edge Plaza” as the American Trust and Savings Bank has committed to donate
$250,000 toward the America’s River Project, upon motion received and filed and approved.
Kane Street Parking Amendment: City Manager recommending adoption of an Ordinance
prohibiting parking on the south side of Kane Street within 140 feet east and west of Katrina
Circle, upon motion received and filed. Ordinance No. 101-02 Amending Section 32-262(d)
of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated
streets or portions thereof adding a portion of the south side of Kane Street, either side of
Katrina Circle, 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 Nicholson. Motion carried 7-0.
Bee Branch Creek Restoration Project: City Manager recommending approval to issue a
request for proposals to do preliminary design and to conduct an alignment study for the Bee
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Branch Creek Restoration Project from 24 Street to the 16 Street Detention Basin, upon
motion received and filed and approved recommendation.
:
Housing Tax Credit Area Residential Care / Kennedy Point PartnershipCity Manager
recommending support of anapplication for equity financing assistance for the Kennedy
Point Limited Partnership project, upon motion received and filed. Markham moved
adoption of Resolution No. 655-02 Authorizing the City Council to endorse an Application
from Area Residential Care / Kennedy Point Partnership for Federal Assistance for
Development of New Rental Housing on Kennedy Circle. Seconded by Connors. Motion
carried 7-0.
Wayfinding Signage Districts: Communication of City Manager requesting Council approve
the Wayfinding Signage System Map, rename the Riverfront District to the Port of Dubuque
District and provide direction on the Grandview District or College-Grandview District, upon
motion approved the Wayfinding Signage System Map, renamed the Riverfront District to the
Port of Dubuque and directed that the district should be named the College-Grandview
District.
National Pollutant Discharge Emission Systems – NPDES: City Manager recommending
approval of the process to assemble the City’s National Pollution Discharge Elimination
Phase II Permit Application to be submitted to the Iowa Department of Natural Resources,
upon motion received and filed and approved.
Old Mill Road Property Acquisition: Communication of City Manager requesting
authorization to purchase three flood damagedproperties on Old Mill Road (1620 Old Mill
Rd., 1695 Old Mill Rd., 1699 Old Mill Rd.), upon motion received and filed and approved
recommendation.
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Main Street Project, Fifth to Ninth Streets, Acceptance: City Manager recommending
acceptance of the Main Street Project, Fifth to Ninth Streets, in the final contract amount of
$2,110,113.35, upon motion received and filed. Michalski moved adoption of Resolution No.
656-02 Accepting Improvement; Resolution No. 657-02 Final Estimate and Resolution No.
658-02 Adopting the final assessment schedule for the Main Street, Fifth to Ninth, Project
including certain information required by the Code of Iowa, specifically the number of annual
installments into which assessments are divided, the interest of unpaid installments, the time
when the assessments are payable and directing the Clerk to certify the final schedule and
to publish notice thereof. Seconded by Buol. Motion carried 7-0.
Brick Pavers Request: City Manager recommending approval of arequest by Park Ranger
Wayne Buchholz of the Iowa Department of Natural Resources to obtain brick pavers
salvaged by the City and use them at the E.B. Lyons Center and RipRow Valley, upon
motion received and filed and approved recommendation.
Naming the Port of Dubuque: City Manager requesting approval of the renaming of the
area currently referred to as the “Fourth Street Peninsula” to the “Port of Dubuque,” upon
motion received and filed. Buol moved adoption of Resolution No. 659-02 Designating an
Area of the City of Dubuque to be known as the “Port of Dubuque.” Seconded by Nicholson.
Motion carried 7-0.
Holiday Refuse Collection Allowance: City Manager recommending that the City offer one
free refuse container sticker to assist citizens with holiday refuse, upon motion received and
filed and approved.
COUNCIL MEMBER REPORTS
Connors commended several students that were in attendance. Michalski stated that the
recent National League of Cities meeting was of superior quality with sessions on dynamic
issues facing Dubuque and she appreciated the opportunity to attend. Nicholson stated that
the incoming President of the National League of Cities requested a letter be sent to the
President of the United States requesting Homeland Security funding be passed down to
First Responders (Police and Fire).
PUBLIC INPUT
Ray Taylor, 17464 Gondola Drive, spoke objecting to the proposed fee for the Stormwater
Utility, stating there are problems with sanitary sewers and that check valves should be
utilized.
There being no further business, upon motion meeting adjourned at 8:59 P.M.
/s/ Karen M. Chesterman
Deputy City Clerk
1t 12/26
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