4 21 03 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, April 21, 2003
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Member 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 the
purpose of discussing such matters which may properly come before the City Council.
Invocation was given by Sister Paula Maloy, SVM.
Proclamations: Commendation of Fire Rescue received by various Police and Fire Officers;
Sexual Assault Awareness Month (April, 2003); Community Development Week (April 21 – 27,
2003) received by Sister Paula Maloy; Arbor Day (April 26, 2003); and Make-A-Wish Week (April
27 – May 3, 2003) received by Dave Jewett and Sandy Steuer.
CONSENT ITEMS
Minutes Submitted: City Council of 4/7; Civil Service Commission of 3/11 and 3/27; Environmental
Stewardship Advisory Commission of 4/1; Five Flags Commission of 2/17; Housing Commission of
3/25; Housing Commission Trust Fund of 3/25; Human Rights Commission of 3/10; Zoning Advisory
Commission of 3/5 and 4/2; Zoning Board of Adjustment of 3/27, upon motion received and filed.
Proof of publication of City Council Proceedings of 3/17, upon motion received and filed.
Finance Director submitting the Financial Reports for the month ending March 31, 2003, upon
motion received and filed.
Notice of Claims/Suits: Holy Ghost Parish Credit Union for property damage; Progressive Concrete
Systems LLC for payment for work performed, upon motion referred to the Legal Staff for
investigation and report.
Wagner Subdivision – Final Plat: Zoning Advisory Commission recommending approval of the final
plat of Wagner Subdivision located at 2711 Brunskill Road, upon motion received and filed. Buol
moved adoption of Resolution No. 118-03 Approving the final plat of Wagner Subdivision in the City
of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0.
Five Flags Arena HVAC System: City Manager recommending the approval of Shive Hattery
Engineers to design the Five Flags Arena HVAC System replacement, upon motion received and
filed and approved.
Quarterly Investment Report: City Manager submitting the quarterly investment report for the
period from January 1, 2003 through March 31, 2003, upon motion received and filed.
Purchase of Service Agreements: Communication from the City Manager regarding the funding of
various Purchase of Service agreements, upon motion received and filed.
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Dubuque Area Lifetime Center – Purchase of Service Agreement: City Manager recommending
approval of a Purchase of Service Agreement with the Dubuque Area Lifetime Center, upon motion
received and filed and approved recommendation.
St. Stephens Food Bank – Purchase of Service Agreement: City Manager recommending approval
of a Purchase of Service Agreement with St. Stephens Food Bank in the amount of $1,000, upon
motion received and filed and approved recommendation.
Washington Neighborhood Tool Library – Purchase of Service Agreement: City Manager
recommending approval of a Purchase of Service Agreement with the Washington Neighborhood
Tool Library, upon motion received and filed and approved recommendation.
Project Concern – Purchase of Service Agreement: City Manager recommending approval of a
Purchase of Service Agreement with Project Concern for Information and Referral in the amount of
$3,500 and Child Care Resource and Referral in the amount of $8,576, upon motion received and
filed and approved recommendation.
Greater Dubuque Development Corporation – Purchase of Service Agreement: City Manager
recommending approval of a Purchase of Service Agreement with the Greater Dubuque
Development Corporation in the amount of $127,500, upon motion received and filed and approved
recommendation.
Chamber of Commerce Convention and Visitors Bureau – Purchase of Service Agreement: City
Manager recommending approval of a Purchase of Service Agreement with the Chamber of
Commerce Convention and Visitors Bureau, upon motion received and filed and approved
recommendation.
Dubuque Main Street – Purchase of Service Agreement: City Manager recommending approval of
a Purchase of Service Agreement with Dubuque Main Street, upon motion received and filed and
approved recommendation.
United States Senator Charles Grassley: Communication from Senator Charles Grassley in
response to the City’s inquiry about the availability of federal funds for the City of Dubuque, upon
motion received and filed.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department of
Housing and Urban Development regarding the City’s Community Development Block Grant
Program, upon motion received and filed and referred to the City Manager.
Legislative Correspondence: Communication of City Manager Michael C. Van Milligen, dated
March 6, 2003, to local legislators regarding the gaming tax lawsuit, upon motion received and filed.
Communication of City Manager Michael C. Van Milligen, dated April 9, 2003, to local legislators
regarding the gaming tax issue, upon motion received and filed.
Dubuque Arboretum and Botanical Gardens: Communication from Jack Frick, President of the
Dubuque Arboretum and Botanical Gardens Board of Directors, requesting that no parking be
allowed on the south side of Arboretum Drive, upon motion received and filed and referred to the City
Manager.
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Civil Service Commission: Civil Service Commission submitting the certified list for the position of
Mechanic, upon motion received and filed and made a matter of record.
PPEL Revenue Requirements: City Manager advising that the Fiscal Year 2004 Physical Plant and
Equipment Levy (PPEL) TIF Revenue Certification has been submitted to Dubuque County Auditor
Denise Dolan, upon motion received and filed.
Notice of Bankruptcy Filing: Notice of bankruptcy filing and final hearing on certain motions and
applications in the matter of Eagle Food Centers, Inc., upon motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the City’s Local Housing Assistance Program Contract has
been amended, as requested, upon motion received and filed.
Southwest Arterial Update: City Manager submitting information provided to our Congressional
Delegation concerning the need for additional federal funding to finance the Iowa 32 (Southwest
Arterial) project and advising that Congressman Nussle has submitted a $41 million request for such
funding, upon motion received and filed.
Dubuque Bank and Trust: Communication from Dubuque Bank and Trust requesting approval to
construct an underground walkway on public right-of-way to connect the main bank with the “Old
Walsh Building” which they are renovating, upon motion received and filed and referred to the City
Manager.
Department of the Army – Corps of Engineers: Communication from Gary Loss of the Rock Island
Corps of Engineers to Donna Smith, Dubuque County Board of Supervisors, regarding a special
study along the Couler Valley reach of the Little Maquoketa River in Dubuque County, upon motion
received and filed.
Business License Refund: Request of Rod Christ, Mama Cassetti’s Pasta, for a refund of their Beer
and Liquor License in the amount of $168.75, upon motion received and filed and approved
recommendation.
Business Licenses: Buol moved adoption of Resolution No. 119-03 Granting the issuance of two
new permits to sell cigarettes and cigarette papers within the City to Bodine’s LLC and Paro Food
Mart, Resolution No. 120-03 Granting issuance of a Class “B” Beer Permit to Music N More
Promotions – Tents A and B; and Class “C” Beer Permit to McCann Service, Tobacco Outlet #504
and Paro Food Mart and Resolution No. 121-03 Granting the issuance of a Class “A” Liquor License
to Dubuque Order of the Moose; and Class “C” Beer/Liquor License to Bodine's, The Busted Lift,
Central Tap, Shot Tower Inn, Knights of Columbus, A & B Tap. Seconded by Connors. Motion
carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Port of Dubuque – Vacate: City Manager recommending that a public hearing be set for May 5,
2003 to consider the vacation of certain streets and alleys in the Port of Dubuque, north and west of
Bell Street and the Brewery to the railroad right-of-way, upon motion received and filed. Markham
moved adoption of Resolution No. 122-03 Approving the plat of proposed vacated portion of Wall
Street, Washington Street, Cypress Street, and alleys in Blocks 20 and 28, Dubuque Harbor
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Improvement Company Addition; Resolution No. 123-03 Approving plat of proposed vacated portion
of the Fourth Street Extension, Dubuque Harbor Improvement Company Addition; Resolution No.
124-03Approving plat of proposed vacated portion of Bell Street and alley in Block 11, Dubuque
Harbor Improvement Company Addition; Resolution No. 125-03 Approving plat of proposed vacated
portion of Fifth and Sixth Streets, Dubuque Harbor Improvement Company Addition; Resolution No.
126-03 Approving plat of proposed vacated portion of the Fourth Street Extension, Wall Street,
Market Street, Pine Street, and Lot 2 of Lot 20 and alley in Block 26, Dubuque Harbor Improvement
Company Addition; Resolution No. 127-03 Approving plat of proposed vacated portion of Wall
Street, Washington Street, and alleys in Blocks 21 and 27, Dubuque Harbor Improvement Company
Addition. Seconded by Cline. Motion carried 7-0.
Ordinance No. 24-03 Vacating a portion of Bell Street and alley in Block 11, Dubuque Harbor
Improvement Company Addition; Ordinance No. 25-03 Vacating a portion of the Fourth Street
Extension, Dubuque Harbor Improvement Company Addition; Ordinance No. 26-03 Vacating a
portion of Fifth and Sixth Streets in Dubuque Harbor Improvement Company Addition; Ordinance No.
27-03 Vacating a portion of the Fourth Street Extension, Wall Street, Market Street, Pine Street and
Lot 2 of Lot 20 and alley in Block 26 in Dubuque Harbor Improvement Company Addition; Ordinance
No. 28-03 Vacating a portion of Wall Street, Washington Street, and alleys in Blocks 21 and 27 in
Dubuque Harbor Improvement Company Addition; Ordinance No. 29-03 Vacating a portion of Wall
Street, Washington Street, Cypress Street and alleys in Blocks 20 and 28 in Dubuque Harbor
Improvement Company Addition, presented and read. Markham moved that the requirement that
the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to
the meeting at which they are to be finally passed be suspended and further moved final
consideration and passage of the Ordinances. Seconded by Cline. Motion carried 7-0.
Markham moved adoption of Resolution No. 128-03 of Intent to dispose 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 and further set this for Public Hearing on May 5, 2003 at a meeting
to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish in the
manner prescribed by law. Seconded by Cline. Motion carried 7-0.
Fiscal Year 2003 Second Budget Amendment: City Manager recommending that a public hearing
be set for May 19, 2003 to consider the second amendment to the Fiscal Year 2003 Budget, upon
motion received and filed. Markham moved adoption of Resolution No. 129-03 Directing the City
Clerk to publish proposed amendment to the Fiscal Year 2003 Budget and date of public hearing and
set for Public Hearing on 5/19/03 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 prescribed by law. Seconded by
Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following Board:
Housing Code Appeals Board (Two 3-Year Terms to Expire 1/11/06); Applicant: Ben Durley. No
one spoke.
Appointments to the following Commission: Mechanical Code Board (Two 3-Year Terms to Expire
3/16/06 – Terms of Geisler and Willenborg); Applicants: Todd Geisler and Harlan J. Willenborg.
Upon motion Todd Geisler and Harlan Willenborg were reappointed to three year terms which will
expire 3/16/06.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
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Royal Oaks Development – Rezoning Request: Proof of publication on notice of hearing to
consider a request from Royal Oaks Development/A.J. Spiegel to rezone property located at the end
of Rhomberg Avenue (former Tollbridge Inn Restaurant) from CR Commercial Recreation District to
PUD Planned Unit Development District and Zoning Advisory Commission recommending approval,
and communications regarding the proposed rezoning at 2800 Rhomberg Avenue, 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.
A. J. Spiegel, owner of the property, spoke in favor of the rezoning which would allow the building
of a condominium at the former Tollbridge Restaurant site, and stated he is not asking for any city
funding to help with this project.
Cliff Winner, 1077 Kaufmann, Martha Lundh, 2678 Marywood, and Herb Lange, wildlife
photographer from Wisconsin, all spoke in opposition, citing historical and bluffland value and
beauty, as well as stating eagles now are often seen in this area and it would disrupt their habitat.
John Kretz. 2760 Jonathan Lane, stressed that change is difficult but spoke in favor of the project,
stating that he is one of the owners of the parking lot for this project,
Rick Dickinson, Greater Dubuque Development Corp., spoke in favor of the project.
Council discussed the proposed project at length, stressing appreciation to Mr. Spiegel for his time
and response to their questions about this development, though questioning City liability from falling
rocks and stormwater drainage, and impact on the bluffland area.
Mr. Spiegel stated that eagles are seen nesting all over Dubuque County now, not just in this
particular area.
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. Vote on the motion was as follow: Yeas—Buol, Duggan, Markham, Nicholson. Nays—
Cline, Connors, and Michalski. Motion failed due to lack of super majority vote.
Buol then moved that this be considered the first reading of the Ordinance. Seconded by Markham.
Carried by the following vote: Yeas—Connors, Duggan, Markham, Nicholson, Buol. Nays—Cline,
Michalski.
Wayne Stewart Property – Rezoning Request: Proof of publication on notice of hearing to consider
a request from Wayne Stewart and Flint Drake to rezone property located at the southwest corner of
Old Highway Road and Seippel Road from R-1 Single-Family Residential District and County M-1c to
R-2 Two-Family Residential District, CS Commercial Service and Wholesale District and LI Light
Industrial District concurrent with annexation of the west twenty acres and Zoning Advisory
Commission recommending approval, upon motion received and filed.
Ordinance No. 30-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 8000 Old Highway Road from
R-1 Single-Family Residential District to R-2 Two-Family Residential District and CS Commercial
Service and Wholesale District, and Ordinance No. 31-03 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located along Old
Highway Road from Dubuque County M-1 Industrial with conditions to City of Dubuque LI Light
Industrial District, concurrent with annexation, presented and read.
Flint Drake of Kane, Norby & Reddick, as Attorney for Mr. Stewart, spoke objecting to the proposed
conditions but will accept them if Council requires them.
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Eugene Bird, Chair of the Zoning Advisory Commission, spoke of the reasons for the conditions but
would also support removing the conditions.
Rick Dickinson, Greater Dubuque Development Corp., spoke in favor of the project and removing of
the conditions.
Buol moved that the requirement that the proposed Ordinances be considered and voted on for
passage at two Council Meetings prior to the meeting at which they are to be finally passed be
suspended and further moved final consideration and passage of the Ordinances.
Buol amended his motion to remove the conditions on the permitted uses. The amendment was not
accepted by Nicholson. Buol removed his motion from the table.
Buol moved that the requirement that the proposed Ordinances be considered and voted on for
passage at two Council Meetings prior to the meeting at which they are to be finally passed be
suspended and further moved final consideration and passage of the Ordinances (Ordinance No. 30-
03 without conditions). Seconded by Cline. Carried by the following vote: Yeas—Buol, Cline,
Connors, Duggan, Markham, Michalski. Nays—Nicholson.
2900 Dodge Street – Rezoning Request: Proof of publication on notice of hearing to consider a
request from Theisen’s Inc. to rezone property located at 2900 Dodge Street from C-3 General
Commercial District to PUD Planned Unit Development District with a PC Planned Commercial
zoning designation and Zoning Advisory Commission recommending approval, upon motion received
and filed.
Jim Theisen spoke giving the background of his business in Dubuque and requested Council
support the proposed rezoning.
Ordinance No. 35-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 2900 Dodge Street from C-3
General Commercial District to PUD Planned Unit Development District with PC Planned Commercial
District Designation and adopting a Conceptual Development Plan, 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. Seconded by Michalski. Motion carried 7-
0.
Key Gate Center No. 2 – Rezoning Request: Proof of publication on notice of hearing to consider a
request from Dan Mueller to rezone property located south of Highway 61/151 and Highway 52 (Lot
1 of Key Gate Center No. 2) from PR Planned Residential District to C-3 General Commercial zoning
district and Zoning Advisory Commission recommending approval.
Dan Mueller, 590 Samuels St., as owner of the property, spoke requesting the proposed rezoning.
Ordinance No. 32-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located southeast of Highway 61/151 and
Highway 52 intersection from PUD Planned Unit Development with a PR Planned Residential District
designation to C-3 General Commercial 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 Michalski. Motion carried 7-0.
Development Moratorium – Proposed Southwest Arterial Corridor: Proof of publication on notice of
hearing to consider an amendment to the Code of Ordinances and Subdivision Regulations
regarding a development moratorium in the proposed Southwest Arterial Corridor and Zoning
Advisory Commission recommending approval, and City Manager recommending adoption of the
revised area submitted by the Iowa Department of Transportation for the Development Moratorium in
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the proposed Southwest Arterial Corridor, presented and read. Ordinance No. 33-03 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section
4-4.2 regarding site plans, and by amending Section 6-1-5.5 regarding rezonings, to extend a
moratorium for site plan and rezoning applications in the Iowa 32 (Southwest Arterial) Corridor and
Ordinance No. 34-03 Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code
of Ordinances by amending Section 42-16, to extend a moratorium for subdivision plats in the Iowa
32 (Southwest Arterial) Corridor, presented and read. Michalski moved that the requirement that the
proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the
meeting at which they are to be finally passed be suspended and further moved final consideration
and passage of the Ordinances. Seconded by Nicholson. Motion carried 7-0.
Grants of Easement – Alliant Energy: Proof of publication on notice of hearing to consider a request
from Alliant Energy to install underground electrical telecommunication lines on City-owned property,
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known as Lot 1 Heartland Place (lot located 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 and City Manager recommending approval, upon motion received and filed. Markham
moved adoption of Resolution No. 130-03 Disposing of an interest under, over, and across a portion
of Lot 1 Heartland Place and Lot 1-2-1 Brynes Subdivision, Dubuque, Iowa, by the issuance of
easements to Alliant Energy (Interstate Power and Light Company). Seconded by Cline. Motion
carried 7-0.
Fiber Optics Connection: Proofs of publication on notice of hearing on plans and specifications and
notice to bidders on the receipt of bids for the Fiber Optics Connection Between City Network and
Port of Dubuque, and City Manager recommending award of the contract to Volkens Excavating in
the amount of $12,332, upon motion received and filed. Cline moved adoption of Resolution No.
130-03 Adopting plans and specifications for the project and Resolution No. 132-03 Awarding
contract to Volkens Excavating. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Grand River Center – Logo Design: City Manager recommending approval of the logo design for
the Grand River Center, upon motion received and filed and approved.
Wayfinding Signage: City Manager recommending approval of design alternatives for the
Wayfinding Sign Program, upon motion received and filed and approved recommendations as stated
below.
Downtown District: Design Logo #1 voted for by all 7 Council Members;
Eagle Point District: Design Logo #1 voted for by all 7 Council Members;
South End District: Design Logo #1 voted for by Cline, Connors, Markham, Michalski, Nicholson,
and Buol; Design Logo #2 voted for by Duggan.
College District: Design Logo #1 voted for by all 7 Council Members with change as requested by
the University of Dubuque to show the new Myers Library;
West End District: Design Logo #1 voted for by Cline and Nicholson; Design Logo #3 (more
options) voted for by Connors, Duggan, Michalski and Buol. Design Logo #2 voted for by Markham
Port of Dubuque District: Nicholson stated that the boat and wave is sufficient on the logo and
requested they delete the background of the downtown. Design Logo #3 (with no background) voted
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for by Cline, Connors, Duggan, Michalski, Nicholson; Design Logo #2 voted for by Markham and
Buol.
Sue Czeshinski of the Convention & Visitors Bureau and Planning Services Director Laura
Carstens spoke stating they were trying to keep the signage as simple as possible for viewing by
individuals in fast moving vehicles.
Michalski commended the committee for their hard work.
CarteGraph Development Agreement: City Manager recommending approval of various
opportunities to assist CarteGraph Systems, Inc. in obtaining the job creation goals agreed to in a
1999 State of Iowa CEBA award and a Development Agreement between the City, Horizon
Development Group, LLC (property developer) and CarteGraph Systems, Inc. (employer), upon
motion received and filed and approved recommendation.
Brewery Redevelopment - Summary of Proposal: City Manager recommending approval to draft a
formal Development Agreement with The Alexander Company regarding the redevelopment of the
former Dubuque Star Brewery building, upon motion received and filed and approved
recommendation.
Dubuque Museum of Art: City Manager recommending approval of an amendment to the Dubuque
Museum of Art loan agreement to defer interest payments on their Downtown Rehabilitation loan for
one year, upon motion received and filed and approved recommendation.
Northeast Iowa Community College: City Manager recommending approval of a request from
Northeast Iowa Community College to consider cost sharing a feasibility study for a business
incubator in downtown Dubuque. upon motion received and filed and approved recommendation.
Port of Dubuque Sign and Landscaping and Recognition Wall: City Manager recommending
approval of the preliminary design and cost estimate for landscaping and signage for the parking lot
green space at the intersection of Bell and Third Street and for the recognition wall along the
landside of the floodwall outside of the American Trust River’s Edge Plaza, upon motion received
and filed and approved recommendation. Steve Ulstad spoke clarifying the plans.
Diamond Jo Lease Agreement: City Manager recommending approval of a one-year lease
agreement with Peninsula Gaming Company, LLC for the patio area south of the Portside Building to
allow the Diamond Jo to provide outdoor entertainment this summer, upon motion received and filed
and approved recommendation. Markham moved adoption of Resolution No. 133-03 Granting
issuance of a Class “C” Beer/Liquor License to Diamond Jo Casino (Outdoor Sale). Seconded by
Buol. Motion carried 7-0.
Bluff Land Protection Measures (Tabled from March 17, 2003 Meeting): Upon motion this was
removed from the table.
City Manager submitting information regarding Bluff Land Protection Measures, upon motion
received and filed and discussed being pro-active to protect areas in the City.
COUNCIL MEMBER REPORTS
Nicholson voiced appreciation to Staff for the grand City Expo on April 15, 2003.
PUBLIC INPUT
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David Hartig, 1255 Southern, spoke of concerns about possible noise problems from outdoor
musical events etc.
There being no further business, upon motion meeting adjourned at 9:44 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 4/30
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