Minutes City Council 6 2 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, June 2, 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 Father Dwayne Thoman, Spiritual Director of Wahlert High School.
Proclamation: Rising Stars Independent League Days received by Jeff Gallery.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of May 19; Downtown Planning Commission of
5/5; Housing Commission of April 22; Human Rights Commission of April 14, upon motion
received and filed.
Proofs of publication of City Council Proceedings of May 5 and May 8 and List of Claims and
Summary of Revenues for month ending April 30, upon motion received and filed.
Notice of Claims/Suits: Susan Breitbach for vehicle damage; Mortgage Electronic Registration
Systems, Inc. vs. City of Dubuque, Iowa; United Way Services, Inc. for property damage, upon
motion referred to the Legal Staff for investigation and report.
Corporation Counsel recommending settlement of the claim of Randy Schmerbach for property
damage and Becky Hanson for property damage and recommending that the Finance Department
issue payment, upon motion received and filed and Finance Director to issue payment.
Citizen Communications: Communications from citizens regarding the importance of retaining the
School Resource Officers (SRO) in the City’s schools, upon motion received and filed.
Iowa Department of Transportation: Communication from the Iowa Department of Transportation
regarding the Corridor Preservation Zone along U.S. 20 from the Peosta interchange east to near
the intersection with the Northwest Arterial, upon motion received and filed and referred to the
City Manager.
Legislative Issues: Statement by Governor Vilsack on the U.S. Senate Economic Stimulus
Package, upon motion received and filed.
Communication from Governor Thomas J. Vilsack to City Manager Michael Van Milligen
regarding the Iowa Values Fund, upon motion received and filed.
Communication from City Manager to State Legislators regarding federal funding, upon motion
received and filed.
Intercreditor Agreement for Cottingham and Butler: City Manager recommending approval of an
Intercreditor Agreement by and between the City and the Iowa Department of Economic
Development providing for the sharing of security interests in mortgages related to Cottingham
and Butler’s Town Clock Building, upon motion received and filed. Buol moved adoption of
Resolution No. 183-03 Approving an Intercreditor Agreement with the Iowa Department of
Economic Development for property owned by Cottingham and Butler. Seconded by Michalski.
Motion carried 7-0.
Second Amendment to Development Agreement with Interstate Power and Light Company: City
Manager recommending approval of a second amendment to the Development Agreement
between the City and Interstate Power and Light Company providing for the development of
property purchased by Interstate in the Dubuque Industrial Center West, upon motion received
and filed and approved recommendation.
Downtown Neighborhood Council: Communication from the Historic Preservation Commission
recommending approval of a request from the Downtown Neighborhood Council to place trash
receptacles in the public right-of-way in Jackson Park, upon motion received and filed and
approved recommendation.
Plastic Center, Inc. Agreement: City Manager recommending acceptance of a settlement with
Plastic Center, Inc. for their lawsuit against the City related to the design standards in the Ice
Harbor Urban Renewal District, upon motion received and filed.
Asbury Plaza Drainage: City Manager submitting a response to inquiries regarding the Asbury
Plaza drainage issue, upon motion received and filed.
Lead Hazard Reduction Grant: City Manager recommending approval of an application to the
U.S. Department of Housing and Urban Development for $2,000,000 for the continuation of the
Lead-Based Paint Hazard Prevention Program, upon motion received and filed and approved
recommendation.
Dubuque County Board of Supervisors: Communication from City Manager Michael Van Milligen
to the Dubuque County Board of Supervisors regarding a rezoning request for property on Seippel
Road and the placing of certain conditions on the rezoning, upon motion received and filed.
Library Board of Trustees: Communication from Susan Henricks, Library Director, advising that
Library Board Member Kevin Lynch does not intend to reapply for appointment to the Board, upon
motion received and filed.
Business License Refund: Request of The Ground Round, Inc., for a refund on their Beer and
Liquor Combination License in the amount of $422.50, upon motion received and filed and
approved refund.
Business Licenses: Buol moved adoption of Resolution No. 184-03 Granting the issuance of a
cigarette license to Easy Street, LLC; Resolution No. 185-03 Granting the issuance of a Class “B”
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Beer Permit to Pizza Hut (2075 John F. Kennedy Road and 320 East 20 Street) and a Class “B”
Beer (Six Month) License to Bricktown Brewery; and Resolution No. 186-03 Granting the
issuance of a Class “C” Beer/Liquor License to Dubuque Bowling Lanes, Jumpers Sports Bar and
Easy Street. Seconded by Michalski. Motion carried 7-0.
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Communication of the City Manager to Senator Charles Grassley thanking him for fighting for
federal financial assistance for states and requesting that he urge the State of Iowa to honor the
intent of the federal assistance package, upon motion received and filed.
ITEMS TO BE SET FOR PUBLIC HEARING
Sale of City Property: City Manager recommending that a public hearing be set for June 16, 2003
to consider a request from Randall J. Klauer to purchase Lot 319 of Ham’s Addition, located on
the corner of Rhomberg Avenue and Hawthorne Street, upon motion received and filed. Cline
moved adoption of Resolution No. 187-03 of Intent to dispose of interest in Lot 319 of Ham’s
Addition, Dubuque, Iowa and further set this for Public Hearing on 6/16/03 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.
Mediacom Franchise Extension: City Manager recommending that a public hearing be set for
June 16, 2003 to consider an additional short-term extension through December 31, 2003 of the
existing Mediacom cable franchise and side agreements under the terms currently in effect, upon
motion received and filed. Cline moved adoption of Resolution No. 188-03 of Intent to grant a
short-term extension of an existing cable services franchise and an existing hub site lease to
MCCIowa L.L.C. and set this for public hearing on 6/16/03 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.
Easements – Riprow Valley: City Manager recommending that a public hearing be set for June
16, 2003 to consider granting two easements on city-owned land at the Riprow Valley Trailhead,
upon motion received and filed. Cline moved adoption of Resolution No. 189-03 of Intent to
dispose of City interest in development rights for Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut
Subdivision; and Lot A of Government Lot #1, all in Section 6, T88, R3E, in the City of Dubuque,
Iowa for easements for the Riprow Valley Trailhead Project and set this for Public Hearing on
6/16/03 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.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Community Development Advisory Commission (One at-large and one low/moderate income
vacancy to expire 2/15/04 and two low/moderate income vacancies to expire 2/15/05) Applicants:
Gina Bell (At-Large), Sr. Paula Maloy, SVM (At-Large), David Shaw (Low/ Moderate Income)
Gina Bell and Sr. Paula Maloy both spoke requesting consideration for appointment.
Historic Preservation Commission (One unexpired three-year term for Old Main District to expire
7/1/03, one three-year term for Cathedral District to expire 7/1/03, and one three-year term for At-
Large to expire 7/1/06 – currently James Gibbs) Applicants: Michael Cody (Cathedral District),
James E. Gibbs (At-Large), Christine Olson (At-Large) Michael Cody and Christine Olson both
spoke requesting consideration for appointment.
Investment Oversight Advisory Commission (Two three-year terms to expire 7/1/06 – Terms of
Lassance and Melendez): Applicants:Paul Lassance and Hiram Melendez. No one spoke.
Library Board Of Trustees – Mayor Appointment (Two four-year terms to expire 7/1/07 – Terms
of Lindsay and Lynch) Applicants:Alan Avery and Susan Lindsay. No one spoke.
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Zoning Advisory Commission (Two three-year terms to expire 7/1/06 – Terms of Hardie and
Roush) Applicants:Stephen Hardie and Ben Roush. No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council if they so
desire.
Mayor Duggan turned control of the meeting to Mayor Pro-Tem Cline due to possible conflict of
interest.
Upon motion the following was removed from the table:
QHQ Properties – Request to Rezone (Tabled at May 19, 2003 Meeting): Proof of publication on
notice of hearing to consider rezoning property located south of Holliday Drive, west of the
Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district at the
request of QHQ Properties and Zoning Advisory Commission recommending approval, with
conditions; Communication from Mary Jungbluth in opposition to the rezoning of property located
west of the Northwest Arterial and south of Asbury Road; Communication from Susan and Patrick
Meehan sharing concerns about the proposed rezoning of property adjacent to their home,
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 south of Holliday Drive, west of
the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district,
with conditions, presented and read.
Ken Buesing of Buesing & Associates spoke introducing Tim Quagliano (applicant) and Attorney
Steve Juergens, and gave the history of the property.
John Jungbluth, 4911 Twilight; Patrick and Susan Meehan, 2465 Samantha Dr.; Mark Lockwood,
2215 Samantha Dr.; Danielle Putchio, 2220 Samantha Dr.; all spoke in objection to the proposed
rezoning.
Attorney Steve Juergens, 200 Security Bldg., spoke clarifying the letters concerning the mention
of the covenants.
Public Works Director Mike Koch explained future traffic light updates.
Nicholson requested that two conditions be added to the Ordinance – additional screening with
replacement as necessary and no drinking establishments be allowed in the commercial
development.
Nicholson moved to close the public hearing and table the issue until the applicant brings it back.
Seconded by Michalski. Motion carried 6-0. Council directed the applicant and neighbors to
work together to reach a mutually agreeable solution to the issues presented.
Mayor Duggan returned and took control of the meeting.
Vacating Petition – Railroad Street in Centre Grove Addition: Proof of publication on notice of
hearing and City Manager recommending approval of a request from Flint Drake, representing the
estate of Edward J. Zalaznik, for the vacating of Railroad Street in Centre Grove Addition, upon
motion received and filed. Markham moved adoption of Resolution No. 190-03 Disposing of City
interest in Lots 21A and 22A of Centre Grove Addition in the City of Dubuque, Dubuque County,
Iowa. Seconded by Cline. Motion carried 7-0.
Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West: Proof of publication
on notice of hearing and City Manager recommending approval of the disposition of Lots 7 and 8
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in Dubuque Industrial Center West 2 Addition to Vessel Systems, Inc. for the purpose of
constructing a 31,000 square foot manufacturing facility and approval of a Development
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Agreement with Vessel Systems, Inc., upon motion received and filed. Buol moved adoption of
Resolution No. 191-03 Approving a Development Agreement providing for the sale and private
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development of Lots 7 and 8 in the Dubuque Industrial Center West 2 Addition in the City of
Dubuque, Iowa, to Vessel Systems, Inc. Seconded by Nicholson. Motion carried 7-0.
2003 (Fiscal Year 2004) Asphalt Paving 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 a contract for the 2003 (Fiscal Year 2004) Asphalt Paving Project to River
City Paving, a Division of Mathy Construction, in the amount of $635,720.71, upon motion
received and filed. Nicholson moved adoption of Resolution No. 192-03 Adopting plans and
specifications for the project and Resolution No. 193-03 Awarding contract to River City Paving.
Seconded by Cline. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Grand River Center Naming Opportunities: City Manager recommending that naming
opportunities be made available for different spaces at the Grand River Center, the Shot Tower
Visitor Center and the Hawthorne Street Peninsula Water Works Park and approval of temporary
names for the meeting rooms at the Grand River Center, upon motion received and filed and
approved recommendation.
Busted Lift Outdoor Service Agreement: City Manager recommending approval of a Lease
Agreement Between the City of Dubuque and John Finn for the use of public right of way for
outdoor service at the Busted Lift, upon motion received and filed and approved recommendation.
Pre-Disaster Mitigation Planning Committee: Communication of the City Manager to Mayor
Duggan requesting that he make appointments of city representatives to the Pre-Disaster
Mitigation Planning Committee, upon motion received and filed and approved appointments of
Council Members Dan Nicholson and Ann Michalski and staff currently serving.
Budget Reduction Work session: City Manager requesting City Council direction on a date for
the Budget Reduction Work session., upon motion it was resolved that a Worksession would be
held on this matter on Monday, June 23, 2003 at 6:00 P.M. at the Library Auditorium.
PUBLIC INPUT
Tom Ready, President of the Firefighter’s Assn., spoke stating a large number of firefighters will
be in attendance at the budget work session so they might need a larger meeting room.
John Finn spoke in support of the firefighters and all public safety employees.
At 8:47 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation –
Chapter 21.5(1) (c) 2003 Code of Iowa.
At 8:57 P.M. Council reconvened regular session. Upon motion it was resolved to approve the
Diamond Jo Parking Lot indemnity agreement.
There being no further business, upon motion meeting adjourned at 8:58 P.M.
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/s/ Jeanne F. Schneider, CMC
City Clerk
1t 6/11
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