5 5 03 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Special Session, May 5, 2003
Council met at 5:00 P.M. for Dinner in the Library Rotunda
Council met in Special Session at 5:35 P.M. in the Library Auditorium
Present: Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City
Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent at Roll Call: Mayor Duggan, who entered at 5:40 P.M.
Mayor Pro-Tem Buol read the call and stated this is a special session of the City Council
called for the purpose of discussing the Downtown Master Plan.
Dave Rusk, Chair of the Downtown Planning Committee, spoke and introduced members of
the Committee. Planning Services Manager Laura Carstens gave a presentation about the
proposed development of the downtown. Anne Ricker, of Leland Consulting Group, and Bob
Kost, of SEH Inc., also spoke clarifying the proposal.
There being no further business, upon motion meeting adjourned at 6:19 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, May 5, 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 Pastor Ron Moxon, of Lighthouse Baptist Church.
Mayor Duggan swore in Council Member Patricia A. Cline as Mayor Pro-Tem.
Proclamations: Mental Health Month (May, 2003) received by Betty Allen; Historic
Preservation Week (May 5 – 12, 2003) received by Chris Wand; Hospital Week (May 11 – 17,
2003) received by Kathy Abba of The Finley Hospital; Nursing Home Week (May 11 – 17,
2003) received by Barbara Barker of Dubuque Nursing and Rehab; Peace Officers Week (May
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11 – 17, 2003) received by Rev. David Pacholke and Police Chief Kim Wadding;
Compassionate Friends Awareness Week (May 20 – 26, 2003) received by Don Phillips.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 4/14; Cable Community
Teleprogramming Commission of 4/1; City Council of 4/21; Downtown Planning Committee of
4/11; Housing Code Appeals Board of 12/17; Investment Oversight Advisory Commission of
4/24, upon motion received and filed.
Proofs of publication of City Council Proceedings of 4/7/03 and List of Claims and Summary of
Revenues for Month Ending March 31, 2003, upon motion received and filed.
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Investment Oversight Advisory Commission submitting the 39 quarterly report, upon motion
received and filed.
Substance Abuse Services submitting the Third Quarter Report for Fiscal Year 2003, upon
motion received and filed.
Notice of Claims/Suits: Stephanie A. Burkart for personal injury; Chad M. Chase for vehicle
damage; Keith Kann and Mary Wilhelm for property damage; Christopher J. Lang for vehicle
damage; Melvin Leibold for property damage; Randy Schmerbach for vehicle damage; Jennifer
Sheldon for personal loss; Delmar M. Stevens 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: Stephanie Burkart
for personal injury; Chad M. Chase for vehicle damage; Keith Kann and Mary Wilhelm for
property damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claims of Christopher Lang for vehicle
damage and Thomas Mueller for property damage and directing Finance Department to issue
payment, upon motion received and filed and concurred and Finance Director to issue
payments.
Corporation Counsel recommending denial of the claim of Holy Ghost Parish Credit Union for
property damage, upon motion received and filed and concurred.
Legislative Letters:
Communication of City Manager to area legislators requesting that they oppose the
recommendations of the Public Strategies Group, upon motion received and filed.
Communication of City Manager to area legislators Pat Murphy, Mike Connolly, and Roger
Stewart thanking them for their recent vote to reject the proposed “Reinvention” bill, upon
motion received and filed.
Communication of City Manager to area legislators Pat Murphy and Pam Jochum thanking
them for their email advising that they would be opposing HF 691 on the floor of the House,
upon motion received and filed.
Communication of City Manager to area legislators Steven Lukan, Gene Manternach and
Robert Osterhaus regarding the impact to the City of the latest proposals included within HF
691 (the “Reinvention” bill), upon motion received and filed.
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Communication of City Manager to area legislators requesting support for two amendments to
the Reinvention Bill, upon motion received and filed.
Communication of City Manager to area legislators requesting support to include the arts and
culture in the proposed Iowa Values Fund, upon motion received and filed.
Communication of City Manager to State Senators Connolly, Stewart and Hosch regarding
Tax Increment Financing (TIF) legislation, upon motion received and filed.
Communication to State Representatives Jochum, Manternach, Murphy and Lukan thanking
them for their recent vote in favor of HF 686 related to Tax Increment Financing, upon motion
received and filed.
Excess Worker’s Compensation Insurance Policy: City Manager recommending approval of
the Excess Worker’s Compensation Insurance Policy through June 30, 2003, upon motion
received and filed and approved recommendation.
280 Locust Street – Demolition Permit: Communication from the Historic Preservation
Commission recommending approval of a request from Scott Neuwoehner/Cooper Acquisitions,
L.L.C. to demolish property located at 280 Locust Street (former Martin Gas Station), upon
motion received and filed and approved recommendation.
Phase IV – Architectural/Historic Survey: Communication of City Manager recommending
approval of a Certified Local Government (CLG) Grant Agreement for Phase IV of the City’s
Architectural/Historic Survey, upon motion received and filed. Buol moved adoption of
Resolution No. 134-03 Approving a Certified Local Government (CLG) Grant Agreement to
conduct an architectural/historic survey. Seconded by Markham. Motion carried 7-0.
City of Sageville Annexations:
Communication from William J. Maiers, Attorney for the City of Sageville, submitting Notice of
Annexation Applications and Public Hearing on Voluntary Annexation Requests regarding
territory to be annexed into the City of Sageville, upon motion received and filed.
City Manager advising Mayor Ralph Dean of the City of Dubuque’s opposition to the five
proposed annexations, upon motion received and filed and approved opposition.
Dubuque Yacht Basin: City Manager recommending approval of a sublease of City-owned
land leased by the Dubuque Yacht Basin, Inc., to Arthur A. Myatt, Joyce C. Myatt, and Joyce’s
Tugboat, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 135-03
Granting authorization to Dubuque Yacht Basin to sublease property leased from the City of
Dubuque to Arthur A. Myatt, Joyce C. Myatt, and Joyce’s Tugboat, Inc. Seconded by Markham.
Motion carried 7-0.
Social Security Administration Offices: Communication from Senator Charles Grassley
regarding the retention of the offices of the Social Security Administration in the Dubuque Post
Office building, upon motion received and filed.
Greyhound Bus Contract: City Manager recommending approval of a contract with
Greyhound Bus Lines for Keyline Transit to sell tickets as an independent agent, upon motion
received and filed and approved recommendation.
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Certificate of Achievement – Government Finance Officer Association: City Manager advising
that the Government Finance Officers Association has awarded the City of Dubuque a
Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual
Financial Reports for the fiscal year ending June 30, 2002, upon motion received and filed.
Arbor Estates – Acceptance of Sanitary Sewer Lift Station: City Manager recommending
acceptance of the sanitary sewer lift station that the developer, Kivlahan Farms, L.L.C., has
recently completed in Arbor Estates, upon motion received and filed. Buol moved adoption of
Resolution No. 136-03 Accepting sanitary sewer lift station in Arbor Estates. Seconded by
Markham. Motion carried 7-0.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development regarding funding available for Section 202
and Section 811 Capital Advance Programs and inviting applications, upon motion received
and filed.
City of Cedar Rapids: Communication from Wade Wagner, Commissioner of Parks and
Public Property for Cedar Rapids, expressing appreciation for the recent tour of the Port of
Dubuque, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 137-03 Granting the issuance of
a permit to sell cigarettes and cigarette papers to A & B Tap; Resolution No. 138-03 Granting
issuance of a Class “B” Beer Permit (5-Day Special Event) to Catfish Festival and Dubuque
Jaycees (Main Event, Tent A, Tent B, and Tent C); and Class “C” Beer Permit to Lien Oriental
American Food, Beecher Beverage, Oky Doky #1 and Oky Doky #2 and Resolution No. 139-03
Granting issuance of a Class “C” Beer/Liquor License to Breaktime Bar and Grill, Tott’s Tap,
Corner Tap, Charhouse Restaurant, and Joyce’s Tugboat; Special Class “C” (BW) Liquor
License to Athenian Grill; and Class “B” (WB) Wine Permit to Beecher Beverage and Oky Doky
#1. Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition – Utility Easement (Plaza Court): City Manager recommending that a public
hearing be set for May 19, 2003 to consider a request from Steve Schmitz and Michael White
for the vacating of an eight-foot wide utility easement in the City of Dubuque, upon motion
received and filed. Cline moved adoption of Resolution No. 140-03 of Intent to dispose of
interest and vacate utility easement over the balance of Lot 4 of Plaza Court in the City of
Dubuque, Dubuque County, Iowa and set this for public hearing on 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. Seconded by Nicholson. Motion carried 7-0.
Quebecor World Dubuque, Inc. (Development Agreement – Tax Increment Financing): City
Manager recommending approval of the issuance of tax increment revenue obligations for
Quebecor World Dubuque, Inc., and that a public hearing be set for May 19, 2003, upon motion
received and filed. Cline moved adoption of Resolution No. 141-03 Fixing the date for a
meeting of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban
Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement
relating thereto with Quebecor World Dubuque, Inc., and providing for the publication of notice
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thereof and setting this for public hearing on 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. Seconded by Nicholson. Motion carried 7-0.
Adams Company (Development Agreement): City Manager recommending that a public
hearing be set for May 19, 2003 to consider a Development Agreement with the Adams
Company for the purchase of their property in the Port of Dubuque and relocation of the
company to the Dubuque Industrial Center West, upon motion received and filed. Cline moved
adoption of Resolution No. 142-03 Fixing the date for a meeting of the City Council of the City
of Dubuque, Iowa on the execution of a Development Agreement relating thereto with the
Adams Company, and providing for the publication of notice thereof and set this for public
hearing on 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. Seconded by Nicholson.
Motion carried 7-0.
Dubuque Area Industrial Development Corporation (Development Agreement – Tax Increment
Financing): City Manager recommending approval of the issuance of tax increment revenue
obligations for the Dubuque Area Industrial Development Corporation and that a public hearing
be set for May 19, 2003, upon motion received and filed. Cline moved adoption of Resolution
No. 143-03 Fixing the date for a meeting of the City Council of the City of Dubuque, Iowa on the
proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of
a First Amendment to Development Agreement relating thereto with Dubuque Area Industrial
Development Corporation, and providing for the publication of notice thereof and set this for
public hearing on 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. Seconded
by Nicholson. Motion carried 7-0.
Heartland Financial USA, Inc. (Development Agreement – Tax Increment Financing): City
Manager recommending approval of the issuance of tax increment revenue obligations for
Heartland Financial USA, Inc., and that a public hearing be set for May 19, 2003, upon motion
received and filed. Cline moved adoption of Resolution No. 144-03 Fixing the date for a
meeting of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban
Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement
relating thereto with Heartland Financial USA, Inc., and providing for the publication of notice
thereof and set this for public hearing on 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.
Seconded by Nicholson. Motion carried 7-0.
2003 (Fiscal Year 2004) Asphalt Paving Project: City Manager recommending initiation of the
public bidding process for the 2003 (Fiscal Year 2004) Asphalt Paving Project and that a public
hearing be set for June 2, 2003, upon motion received and filed. Cline moved adoption of
Resolution No. 145-03 Preliminary approval of plans and specifications; Resolution No. 146-
03 Setting date of hearing on plans and specifications for 6/2/03 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. 147-03 Ordering bids. Seconded by Nicholson. Motion
carried 7-0.
BOARDS/COMMISSIONS
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Appointments to the following Boards/Commissions: Housing Code Appeals Board:
Applicant:Ben Durley. Upon motion Ben Durley was appointed to a three year term expiring
1/11/06.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
3251 Roosevelt Road – Rezoning Request: Proof of publication on notice of hearing to
consider a request from Fondell Excavating, Inc. to rezone property located at 3251 Roosevelt
Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District and R-
3 Moderate Density Multi-Family Residential District; Zoning Advisory Commission
recommending approval, and Zoning Advisory Commission submitting the preliminary plat for
Eagle Valley Subdivision located at 3251 Roosevelt Road as an information item;
communication from City Manager regarding the rezoning request for property at 3251
Roosevelt Road; Communication from Mr. and Mrs. Walt Pregler regarding the rezoning
request for property described as 3251 Roosevelt Road; communication from Mary Schoen-
Clark, Regional President of Mercy Housing Midwest, in support of the Roosevelt Road project,
and communication of Ken and Helen Heacock in support of the project, upon motion received
and filed.
Walt Pregler, 2966 Shiras, spoke in opposition citing potential water runoff problems.
John Dolan, 3058 Shiras, spoke objecting to the density of this project.
Albert Dolan, 3209 Roosevelt, Lowell Davis, 3138 Shiras, Al Dolan, 3160 Shiras, Jim and
Wendy Jaeger, 2924 Shiras, Paul Conlon, 3156 Shiras, and Nancy Dolan, 3209 Roosevelt, all
spoke in opposition citing the density of the project and potential water run-off problems.
Jim Holz, 489 Marjorie Circle, as Chair of the Housing Trust Fund, spoke in support of the
project.
Cline questioned Public Works Director Mike Koch as to Roosevelt Road’s stormwater
drainage capabilities and handling of additional traffic.
Ken Buesing, of Buesing and Associates, spoke in support of the proposed development
stating that the water run-off problem has been addressed.
Michalski questioned the developer Mark Fondell as to the possibility of reducing the density
of the project. Mr. Fondell stated they have platted the maximum lots but may not be able to
build on all of them.
Council discussed this project at length, stressing their stated priority of affordable housing
availability and storm water retention issues.
Ordinance No. 36-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 3251 Roosevelt
Road from R-1 Single-Family Residential Zoning District to R-2 Two-Family Residential Zoning
District and R-3 Moderate Density Multi-Family Residential Zoning District, 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
Markham. Carried by the following vote: Yeas—Buol, Cline, Connors, Duggan, Markham,
Michalski. Nays—Nicholson.
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Stewart Construction – Voluntary Annexation: Proof of publication on notice of hearing to
consider a request from Wayne C. Stewart. President of W.C. Stewart Construction, Inc. for the
voluntary annexation of property located south of Old Highway Road and west of Seippel Road,
upon motion received and filed. Markham moved adoption of Resolution No. 148-03
Approving application for voluntary annexation of territory. Seconded by Michalski. Motion
carried 7-0.
Port of Dubuque – Vacating of Streets and Alleys: Proof of publication on notice of hearing to
consider disposing of City interest in Lots N, O, P, Q, R, S, T, U, and V of Dubuque Harbor
Improvement Company Addition to Dubuque Initiatives, upon motion received and filed.
Nicholson moved adoption of Resolution No. 149-03 Disposing of City interest in Lots N, O, P,
Q, R, S, T, U, and V of Dubuque Harbor Improvement Company Addition in the City of
Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0.
Bonson Road Watermain – Award: 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 Bonson Road Watermain Extension Project to McDermott
Excavating, upon motion received and filed. Cline moved adoption of Resolution No. 150-03
Adopting plans and specifications for the project and Resolution No. 151-03 Awarding contract
to McDermott Excavating. Seconded by Nicholson. Motion carried 7-0.
Locust Street Connector Reconstruction Project: 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 Locust Street Connector Reconstruction Project to
Portzen Construction, Inc., upon motion received and filed. Cline moved adoption of
Resolution No. 152-03 Adopting plans and specifications for the project and Resolution No.
153-03 Awarding contract to Portzen Construction, Inc. Seconded by Connors. Motion carried
7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Dubuque Girls Independent League: Request of Jill Reimer, Co-Chair of the Grand Opening
of the Dubuque Girls Independent League, to extend personal invitation to Council Members to
the Grand Opening Ceremonies on Saturday, May 17, 2003, upon motion received and filed.
Samantha Reimer spoke inviting the Council Members to the Grand Opening.
Penalties for Tobacco Permit Holder (Rescheduled from April 7, 2003 Meeting at Request of
Attorney Art Gilloon): Police Chief recommending the assessment of a civil penalty against one
tobacco permit holder; communication from Art Gilloon regarding the second offense tobacco
sale involving Kwik Stop, and communication from Art Gilloon advising that his client had
chosen the $1500 civil penalty versus the 30-day suspension, upon motion received and filed
and approved the assessment of the penalty.
Colt’s Drum and Bugle Corp – Demolition Request: Communication of Historic Preservation
Commission recommending denial of the request of the Colt’s Drum and Bugle Corps to
demolish property located at 1112 – 1114 Central Avenue to construct a parking lot and
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communication of Michael J. Visintin regarding the request to demolish property at 1112 – 1114
Central Avenue, presented and read.
Greg Orwoll, Executive Director of the Colts, spoke in favor of demolishing the building.
Chris Wand, Chair of the Historic Preservation Commission, spoke clarifying the
Commission’s position as to their denial.
Michael Visintin, owner of the building, spoke giving a history of the losses incurred as an
apartment house.
Buol moved to receive and file the communications and grant the demolition permit. Second
by Cline. Carried by the following vote: Yeas—Buol, Cline, Connors, Duggan, Markham,
Nicholson. Nays—Michalski.
Royal Oaks Development – Rezoning Request (Second Reading): Communication of Victoria
A.A. VonHein–Mott regarding the rezoning of property located at the end of Rhomberg Avenue;
communication from Kevin Koch urging the Council to reconsider its majority support for the
condominium proposal along the Mississippi River; and communication of Corporation Counsel
Barry Lindahl regarding an Indemnification Agreement to be added to the Ordinance, upon
motion received and filed.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 2800 Rhomberg Avenue
from CR Commercial Recreation District to PUD Planned Unit Development District with a PR
Planned Residential District designation and adopting a Conceptual Development Plan with
conditions, presented and read. Buol moved that the Indemnification Agreement be added to
the Ordinance, 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
Markham. Motion failed due to the following vote: Yeas—Buol, Duggan, Markham, Nicholson.
Nays—Cline, Connors, Michalski. Buol then moved that this be considered the second reading
of the Ordinance, as amended to include the Indemnification Agreement. Seconded by
Markham. Carried by the following vote: Yeas—Buol, Duggan, Markham, Nicholson. Nays—
Cline, Connors, Michalski.
Barnstead International – Community Economic Betterment Account (CEBA) Application: City
Manager recommending approval of the submittal of a Community Economic Development
Account (CEBA) application to the Iowa Department of Economic Development on behalf of
Barnstead International to assist with a proposed expansion, upon motion received and filed.
Buol moved adoption of Resolution No. 154-03 Authorizing the filing of a Community Economic
Betterment Account (CEBA) application on behalf of Barnstead International. Seconded by
Michalski. Motion carried 7-0.
U.S. Army Corps of Engineers: Communication of City Manager to Neal Johnson, U.S. Army
Corps of Engineers, regarding concerns raised during a conference call regarding how the City
of Dubuque defines “reasonably foreseeable” as it relates to the Southwest Arterial, upon
motion received and filed.
Transit Alternatives Analysis Purpose and Needs Statement: City Manager requesting
additional input from the Mayor and City Council on the Dubuque Downtown Transit
Alternatives Analysis Study, upon motion received and filed. Council requested that a work
session be held when the study is finalized.
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There being no further business upon motion meeting adjourned at 8:36 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 5/14
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