Minutes City Council 4 7 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, April 7, 2003
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 a regular session of the City Council called for the
purpose of discussing such matters which may properly come before the City Council.
Invocation was given by Ben Mathew, Chaplain, Emmaus Bible College.
Proclamations: Public Health Week (April 7 – 13, 2003) received by Kathy Ripple from the VNA;
and Fair Housing Month (April, 2003) received by Human Rights Commissioner Lou Oswald.
Youth in Government students Andrea Hoppman, Karen Hunt, Nick Kane and Charles Hartig
were sworn in by Mayor Duggan for their respective Council seats.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 3/24; Cable TV Regulatory Commission of 3/12; City
Council of 3/17; Conference Board of 2/19; Downtown Planning Committee of 3/10; Housing Code
Appeals Board (Amended) of 11/19; Housing Code Appeals Board of 12/17; Housing Commission
of 2/25; Housing Commission Trust Fund of 3/20; Library Board of Trustees of 2/27; Transit
Trustee Board of 3/13; Zoning Advisory Commission of 3/5; Zoning Board of Adjustment of 2/27,
upon motion received and filed.
Proofs of publication of City Council Proceedings of 3/3 and 3/5 and List of Claims and Summary
of Revenues for Month Ending February 28, 2003, upon motion received and filed.
Notice of Claims/Suits: Mary Eigenberger for property damage; Lois Friedman for vehicle
damage; Thomas Mueller for property damage; Steven Plumley for loss of property; Connie Swift
for personal injury; Mark Rokusek for vehicle damage; Craig J. Takes for vehicle damage; Timothy
Wardle for vehicle 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: Lois Friedman for vehicle
damage; Mark Rokusek for vehicle damage; Connie Swift for personal injury, upon motion
received and filed and concurred.
Corporation Counsel recommending denial of the claim of Timothy Wardle for vehicle damage,
upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Steven Plumley for monetary loss
and Craig Takes for vehicle damage and that the Finance Director issue proper payment, upon
motion received and filed and concurred and direct that the Finance Director issue the proper
payment.
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Legislative Correspondence: Communication of City Manager to area legislators requesting
support of Senate File 358 which would transfer the responsibility for establishing the State
Plumbing Code from the Iowa Department of Public Health to the State Building Code
Commissioner, upon motion received and filed.
Communication of City Manager to Speaker of the House Christopher Rants regarding the
gaming tax issue, upon motion received and filed.
Communication of City Manager to Senator Charles E. Grassley regarding the status of the
Dubuque Post Office Building, upon motion received and filed.
Communication of City Manager to area legislators requesting their opposition to the Public
Strategies Group proposal, upon motion received and filed.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors submitting information on a potential problem at Jorja’s Restaurant, upon motion
received and filed and referred to the City Manager.
Housing Code Appeals Board Resignation: Communication from David Harris, Housing and
Community Development Department Manager, advising that Dave Althaus has informed staff he
does not intend to reapply for appointment to the Housing Code Appeals Board, upon motion
received and filed.
Dubuque County Conservation Society: Communication from Ranol Weigel, President of the
Dubuque County Conservation Society, regarding the proposed Eagle Point Condominium
Development, upon motion received and filed.
Dubuque Golf and Country Club: Communication from the Dubuque Golf and Country Club
requesting permission to display fireworks on July 4, 2003 (rain date of July 6, 2003), upon motion
received and filed and approved request.
Wertzberger Acres No. 2 – Final Plat: City Manager recommending approval of the final plat of
Wertzberger Acres No. 2 located off of Old Military Road in Dubuque County, upon motion
received and filed. Buol moved adoption of Resolution No. 95-03 Approving the final plat of Lot
A and Lots 1-12 Wertzberger Acres No. 2 in Dubuque County, Iowa. Seconded by Markham.
Motion carried 7-0.
Emberwood Estates – Final Plat: City Manager recommending approval of the final plat of
Emberwood Estates located off of Gardener’s Lane in Dubuque County, upon motion received and
filed. Buol moved adoption of Resolution No. 96-03 Approving the final plat of Emberwood
Estates in Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0.
Port of Dubuque - Parking Lot Landscape Guidelines and Recommended Plant Lists: City
Manager recommending approval of the Parking Lot Landscaping Guidelines and Recommended
Plant Lists for the Port of Dubuque, upon motion received and filed and approved
recommendation.
Demolition Permit – Dubuque Hardwoods: Communication from the Historic Preservation
Commission recommending approval of a request to demolish metal buildings located at 205 East
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6 Street, Port of Dubuque (Dubuque Hardwoods), upon motion received and filed and concurred.
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Dubuque County Board of Health Contract for Lead Paint Program: City Manager recommending
approval of an interagency agreement between the City and the Dubuque County Board of Health
for administration of a lead paint program training grant, upon motion received and filed and
approved recommendation.
Iowa Department of Transportation Pre-Construction Agreement: City Manager recommending
approval of a pre-construction agreement addendum between the City of Dubuque and the Iowa
Department of Transportation to provide fiber optic conduit installation, upon motion received and
filed. Buol moved adoption of Resolution No. 97-03 Approving an addendum to the Pre-
Construction Agreement between the City of Dubuque and the Iowa Department of Transportation
for fiber optics conduit improvements to US 20. Seconded by Markham. Motion carried 7-0.
Notice of Finding of No Significant Impact and Release of Funds for Community Development
Block Grant Programs: City Manager recommending approval of 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 Programs, upon motion received and filed. Buol moved
adoption of Resolution No. 98-03 Authorizing publication of a combined notice of finding 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 2004 (Program Year 2003).
Seconded by Markham. Motion carried 7-0.
Fiscal Year 2004/2005 Certification of Overall Benefit: City Manager recommending approval of
a proposed change in the certification period for overall benefit of Community Development Block
Grant (CDBG) funds as per the Consolidated Plan, upon motion received and filed. Buol moved
adoption of Resolution No. 99-03 Amending the Consolidated Plan for 2001 – 2006 to extend the
overall benefit for the aggregate use of Community Development Block Grant (CDBG) funds for
Fiscal Year 2004 and Fiscal Year 2005 Annual Plans (Program Years 2003 and 2004). Seconded
by Markham. Motion carried 7-0.
Parking Ticket Software: City Manager recommending approval of the selection of EDC-AIMS
Corporation to provide parking ticket software, upon motion received and filed. Buol moved
adoption of Resolution No. 100-03 Accepting a contract for the Parking Division Enforcement
Software Project. Seconded by Markham. Motion carried 7-0.
Miller-Riverview Park Management Agreement: City Manager recommending approval of the
management agreement for Miller-Riverview Park with Pat Felderman, upon motion received and
filed and approved recommendation.
Firefighters’ Grant Program: City Manager recommending approval to submit a grant application
in the amount of $208,000 to the Federal Assistance for Firefighters Grant Program for replacing
the Fire Department’s self-contained breathing apparatus, upon motion received and filed and
approved recommendation.
Old Mill Road – Acceptance of Deeds: City Solicitor Bill Blum recommending acceptance of
three deeds from property owners in the flood plain area on Old Mill Road, upon motion received
and filed. Buol moved adoption of Resolution No. 101-03 Accepting the deed to certain real
estate in the City of Dubuque, Iowa from Wayne L. Laufenberg Sr. Trust; Resolution No. 102-03
Accepting the deed to certain real estate in the City of Dubuque, Iowa from Michael J. McDermott
and Barbara J. McDermott; Resolution No. 103-03 Accepting the deed to certain real estate in
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the City of Dubuque, Iowa from Robert and Valora Timmons. Seconded by Markham. Motion
carried 7-0.
Release of Escrow Agreement – Downtown Rehab Loan for Cooper Building: City Manager
recommending approval of the release of escrow funds required as part of the financing for
Cooper Development Company LLC’s renovation of the former Cooper Wagon Works building at
299 Main Street, upon motion received and filed.
United States Department of Transportation: Notice from the United States Department of
Transportation – Office of the Secretary advising of the decision to allow Mesaba Aviation, Inc.,
d/b/a Northwest Airlink, to suspend service at Dubuque as of May 13, 2003, upon motion received
and filed.
Helping Services for Northeast Iowa – Drug and Violence Prevention Grant: City Manager
recommending that the Dubuque Police Department partner with Helping Services of Northeast
Iowa in their application for a Drug and Violence Prevention Grant from the Iowa Department of
Public Health, upon motion received and filed and approved recommendation.
Federal Environmental Protection Agency State and Tribal Grant Program: City Manager
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advising that an application for a $4 million funding request to assist with expansion of the 32
Street Detention Basin has been prepared and submitted to the Federal Environmental Protection
Agency State and Tribal Grant Program, upon motion received and filed.
Housing Commission: Communication from Tom Swift submitting his resignation from the
Housing Commission, upon motion received and filed.
Eagle Window and Door: City Manager recommending approval of the issuance of a Certificate
of Completion and Estoppel Certificate for Otto A, LLC, developer of the Eagle Window and Door
property, upon motion received and filed and approved recommendation.
Business License Refund: Request of Liquor Depot of Dubuque for a refund of their cigarette
license in the amount of $25.00, upon motion received and filed and approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 104-03 Granting the issuance of a
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Class “B” (Special 5-Day Event) Beer Permit to DubuqueFest; and a Class “C” Beer Permit to 16
Street Auto/Truck Plaza and Plaza 20 Amoco and Resolution No. 105-03 Granting the issuance
of a Class “C” Beer/Liquor License to Loras College, Noonan’s Tap, Olive Garden, Marco’s,
Whiskey River, Bunker Hill Golf, Neighbor’s Tap, and Copper Kettle; and Class “B” Wine to
Carroll’s Wine Company. Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Voluntary Annexation – Wayne Stewart: City Manager recommending that a public hearing be
set for May 5, 2003 to consider a request from Wayne Stewart for voluntary annexation of
property concurrent with rezoning for twenty acres of land south of Old Highway Road and west of
Seippel Road, upon motion received and filed and set Public Hearing for 5/5/03 at 6:30 P.M. in the
public library auditorium and that the City Clerk publish notice in the manner prescribed by law.
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Grants of Easement – Alliant Energy: City Manager recommending that a public hearing be set
for April 21, 2003 to consider a request from Alliant Energy to install underground electrical
telecommunication lines on City-owned property, known as Lot 1 Heartland Place (lot located
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between 16 Street and Kerper Court behind the old Smithfield property) and Lot 1-2-1 Byrnes
Subdivision which is the lot upon which Usha Park is located, upon motion received and filed.
Cline moved adoption of Resolution No. 106-03 Intent to dispose of interest in real property by
easements to Alliant Energy (Interstate Power and Light Company) and further moved that this
matter be set for Public Hearing on 4/21/03 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 Connors. Motion carried 7-0.
Locust Street Connector Reconstruction – Initiate: City Manager recommending initiation of the
public bidding process for the Locust Street Connector Reconstruction Project and that a public
hearing be set for May 5, 2003, upon motion received and filed. Cline moved adoption of
Resolution No. 107-03 Preliminary approval of plans and specifications; Resolution No. 108-03
Setting date of hearing on plans and specifications for 5/5/03 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, and Resolution No. 109-03 Ordering bids. Seconded by Connors. Motion
carried 7-0.
Bonson Road Water Main Extension – Initiate: City Manager recommending initiation of the
public bidding process for the Bonson Road Water Main Extension Project and that a public
hearing be set for May 5, 2003, upon motion received and filed. Cline moved adoption of
Resolution No. 110-03 Preliminary approval of plans and specifications, Resolution No. 111-03
Setting date of hearing on plans and specifications for 5/5/03 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, and Resolution No. 112-03 Ordering bids. Seconded by Connors. Motion
carried 7-0.
Iowa Street Ramp Skywalk Improvement Project – Initiate: City Manager recommending
initiation of the public bidding process for the Iowa Street Ramp Skywalk Improvement Project and
that a public hearing be set for May 19, 2003, upon motion received and filed. Cline moved
adoption of Resolution No. 113-03 Preliminary approval of plans and specifications, Resolution
No. 114-03 Setting date of hearing on plans and specifications for 5/19/03 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, and Resolution No. 115-03 Ordering bids. Seconded by Connors.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions: Mechanical Code Board (Two 3-Year Terms to Expire 3/16/06 – Terms of
Geisler and Willenborg); Applicants: Todd Geisler and Harlan J. Willenborg. No one spoke.
ACTION ITEMS
Convention and Visitors Bureau: Sue Czeshinski, Convention and Visitors Bureau, gave a
verbal quarterly report about the successes of the Bureau. Upon motion the report was received
and filed.
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Penalties for Tobacco Permit Holders: Police Chief recommending the assessment of civil
penalties against two tobacco permit holders and a communication from Attorney Art Gilloon
regarding the hearing for the Kwik Stop, upon motion penalty assessed but withheld Kwik Stop at
this time.
Service Member Support Agenda: Communication from Senator Steve Warnstadt requesting
City Council support of the “Service Member Support Agenda,” upon motion received and filed.
Michalski moved adoption of Resolution No. 117-03 Resolution To Support Iowans Called to Duty
by Passing the Service Member Support Agenda. Seconded by Nicholson. Motion carried 7-0.
Communication from Emily Whitehead, Iowa Senate Democratic Research Staff, requesting City
Council support of the “Service Member Support Agenda,” upon motion received and filed.
Brownfield Economic Development Initiative: Communication from the Community Development
Advisory Commission regarding the Brownfield Economic Development Initiative (BEDI), upon
motion received and filed.
Arbor Glen Apartments First Addition – Final Plat: City Manager recommending approval of the
final plat of Arbor Glen Apartments First Addition and acceptance of the dedication of the
extension of Raven Oaks Drive, upon motion received and filed. Buol moved adoption of
Resolution No. 116-03 Approving the final plat of Arbor Glen Apartments First Addition in the City
of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Riverwalk, Amphitheater and Rivers Edge Plaza Usage Policies: City Manager recommending
approval of Usage Policies for the Riverwalk, Amphitheater and Rivers Edge Plaza, upon motion
received and filed. Ordinance No. 20-03Amending the City of Dubuque Code of Ordinances
Chapter 34 Parks and Recreation by amending Sec. 34-52(A) Intoxicating beverages prohibiting
the consumption or use of alcoholic liquors or wine in parks by exempting therefrom events at
Alliant Energy Amphitheater; by amending Sec. 34-52(D) Prohibiting the consumption or use of
beer In parks by changing Sunnyslopes Park to Teddy Bear Park and by adding thereto Riley
Park, Harvest View Park, Ice Harbor Park, the American Trust River’s Edge Plaza, and the
Mississippi Riverwalk; by amending Sec. 34-74(H) establishing park hours by changing
Sunnyslopes Park to Teddy Bear Park and adding thereto Riley Park, Harvest View Park, and Ice
Harbor Park; by adding a new Sec. 34-74(K) providing for parks that are open twenty-fours per
day and including the American Trust River’s Edge Plaza, Alliant Energy Amphitheater, and the
Mississippi Riverwalk; by amending Sec. 34-119 changing Municipal Swimming Pool to Nicholas
J. Sutton Swimming Pool; by amending Sec. 34-127 changing Sunnyslopes Park to Teddy Bear
Park; by adding a new Sec. 34-133 designating Riley Park; by adding a new Sec. 34-134
designating Harvest View Park; by adding a new Sec. 34-135 designating the American Trust
River’s Edge Plaza; by adding a new Sec. 34-136 designating the Mississippi Riverwalk; by
adding a new Sec. 34-137 designating Alliant Energy Amphitheater; by adding a new Sec. 34-138
designating Ice Harbor Park; and by adding a new Sec. 34-139 designating Welu Park, 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.
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Extension of Highway 20 Building Permit Moratorium: City Manager recommending approval of
a request from the Iowa Department of Transportation to extend the building permit moratorium on
Highway 20 through May 1, 2004, upon motion received and filed. Ordinance No. 21-03
Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of
Ordinances by amending Section 11-58.1 of the City of Dubuque Code of Ordinances by
establishing a twelve month moratorium on the issuance of permits for work in the U.S. Highway
20 corridor, 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.
IA 32/Southwest Arterial Corridor Building Permit Moratorium: City Manager recommending
approval of a request by the Iowa Department of Transportation to extend the building permit
moratorium in the IA 32/Southwest Arterial Corridor through May 1, 2004, upon motion received
and filed. Ordinance No. 22-03 Amending Chapter 11 (Buildings and Building Regulations) of the
City of Dubuque Code of Ordinances by amending Section 11-58.3 of the City of Dubuque Code
of Ordinances by establishing a twelve month moratorium on the issuance of permits for work in
the IA 32/Southwest Arterial Corridor, 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 Connors. Motion carried 7-0.
Social Security Coverage for Part-Time Elected Officials: City Manager submitting information
from IPERS relative to social security coverage for part-time elected officials, upon motion
received and filed and directed to leave as is.
Gateway Signs: City Manager submitting information on a request from the Dubuque Rotary
Club to initiate a Community Gateway Signage Program and requesting Council direction, upon
motion received and filed and approved request. Gary Olson and Tom Reilly spoke clarifying
aspects of the requested signage.
Fiscal Year 2004 Sewer Service Charge: City Manager recommending approval of an amended
ordinance establishing basic sewer rates for residential and commercial users, upon motion
received and filed. Ordinance No. 23-02 Repealing Ordinance No. 10-03 amending the Code of
Ordinances of the City of Dubuque, Iowa, Sections 44-83(a)(2) and 44-83 (a)(3)g. Establishing
basic sewer rates for residential and commercial users, 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 Connors. Motion carried
7-0.
At 7:23 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition – Chapter 21.5(1)(c)(j) 2001 Code of Iowa. Seconded by Markham. Motion
carried 7-0.
At 7:43 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:45 P.M.
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/s/ Jeanne F. Schneider, CMC
City Clerk
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