7 7 03 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, July 7, 2003
Council met 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.
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 Reverend Matthew Harris, Pastor of The Bridge Christian Church.
Minutes and Reports Submitted: City Council of 6/16 and 6/23; Civic Center Commission of 4/14
and 5/19; Community Development Advisory Commission of 4/30 and 5/28; Downtown Planning
Committee of the Long Range Planning Commission of 6/9; Historic Preservation Commission of
6/19; Housing Commission of 5/27; Mechanical Board of 6/25; Park and Recreation Commission
of 6/10; Zoning Board of Adjustment of 6/26, upon motion received and filed.
Proofs of publication of City Council Proceedings of 6/2 and 6/16, and List of Claims and
Summary of Revenues for month ending May 31, 2003, upon motion received and filed.
Printed Council Proceedings of April, 2003, upon motion received and filed and approved as
printed.
Notice of Claims/Suits: Mark Friedenberger for vehicle damage; Mike and Jodi Hoskins for
vehicle damage, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel recommending settlement of the claim of Mike and Jodi Hoskins for vehicle
damage and denial of the portion of the claim for lost wages, upon motion received and filed and
directed Finance Director to issue payment.
Corporation Counsel recommending settlement of the claim of Michael Bartolotta for towing fees
and denial of the portion of the claim for vehicle storage, upon motion received and filed and
directed Finance Director to issue payment.
Fiscal Year 2004 Budget Amendment: Communications from citizens regarding the proposed
Fiscal Year 2004 budget amendment, upon motion received and filed.
Requests to Purchase City Property: Communication from M. Kathryne Bauerly requesting to
purchase a portion of a City alley abutting property at 145 South Grandview, upon motion
received and filed and referred to the City Manager.
Communication from John E. Knox, The Finley Hospital, requesting to purchase a portion of a
City alley abutting The Finley Hospital property at 1408 Delhi Street, upon motion received and
filed and referred to the City Manager.
1
Request of Bill and Patty McGuire to purchase a portion of a City alley abutting their property at
750 Montcrest Street, upon motion received and filed and referred to the City Manager.
Supplement No. 58 to the Code of Ordinances: City Manager recommending adoption of
Supplement No. 58 to the Code of Ordinances, upon motion received and filed. Buol moved
adoption of Resolution No. 214-03 Adopting Supplement No. 58 to the Code of Ordinances of the
City of Dubuque, Iowa. Seconded by Markham. Motion carried 7-0.
Midwest Architectural Salvage Warehouse: Communication from the Historic Preservation
Commission to Vance DeLire advising that the Commission is in full support of the creation of the
Midwest Architectural Salvage Warehouse, upon motion received and filed.
Worker’s Compensation Excess Insurance: City Manager recommending approval of the renewal
rates submitted by Safety National for the City’s Worker’s Compensation Excess Insurance
effective July 1, 2003, upon motion received and filed and approved recommendation.
Voluntary Annexation Request: Communication from the City Manager to the Mayor of Asbury
requesting that the Asbury City Council deny the voluntary annexation request of Joel Callahan,
Callahan Construction, Inc., upon motion received and filed.
Dubuque Main Street, Ltd.: Communication from Bob Felderman, President of Dubuque Main
Street, Ltd., thanking the Council for their support of the Dubuque Main Street, Ltd, 2020 District
Plan, upon motion received and filed.
Flat Iron Park Renovation Project: City Manager recommending acceptance of the Flat Iron Park
Renovation Project as completed by Fondell Excavating in the final contract amount of
$124,505.34, upon motion received and filed. Buol moved adoption of Resolution No. 215-03
Accepting improvement and Resolution No. 216-03 Approving final estimate. Seconded by
Markham. Motion carried 7-0.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the George W. Rogers Company Shot Tower was listed in the National Register of
Historic Places effective May 22, 2003, upon motion received and filed.
West Locust Street Storm Sewer Project: City Manager recommending acceptance of the West
Locust Street Storm Sewer Project as completed by Connolly Construction in the final contract
amount of $183,821.32, upon motion received and filed. Buol moved adoption of Resolution No.
217-03 Accepting improvement and Resolution No. 218-03 Approving final estimate. Seconded
by Markham. Motion carried 7-0.
Grand River Center - Bid Package #1: City Manager recommending acceptance of the Grand
River Center – Bid Package #1 Project as completed by Kraemer Brothers, LLC, in the final
contract amount of $1,665,043.68, upon motion received and filed. Buol moved adoption of
Resolution No. 219-03 Accepting improvement and Resolution No. 220-03 Approving final
estimate. Seconded by Markham. Motion carried 7-0.
Main Street Buildings’ Litigation: Corporation Counsel requesting approval of the terms of the
settlement agreement in the Main Street Buildings’ Litigation and directing the Finance
2
Department to issue payment, upon motion received and filed and approved request and issuance
of payment.
Iowa Department of Transportation – Pre-Design Agreement: City Manager recommending
approval of a Pre-Design Agreement between the City of Dubuque and the Iowa Department of
Transportation for improvements to US 20 relating to the proposed new US 20 Mississippi River
Crossing Project, upon motion received and filed. Buol moved adoption of Resolution No. 221-
03 Approving Pre-Design Agreement between the City of Dubuque and the Iowa Department of
Transportation for the US 20 Mississippi River Crossing Project. Seconded by Markham. Motion
carried 7-0.
Dubuque Hardwoods/Miller Logging/Peavey Grain Redevelopment Project: City Manager
recommending approval of a combined notice of finding of no significant impact on the
environment and notice of intent to request release of funds for the Dubuque Hardwoods/Miller
Logging/Peavey Grain Redevelopment Project, upon motion received and filed. Buol moved
adoption of Resolution No. 222-03 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 Dubuque
Hardwoods/Miller Logging/Peavey Grain Redevelopment Project. Seconded by Markham. Motion
carried 7-0.
Fiscal Year 2003 Annual Action Plan – Amendment #5: City Manager recommending approval of
Amendment #5 to the City’s Community Development Block Grant (CDBG) Fiscal Year 2003
Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No.
223-03 Approving Amendment #5 to the Fiscal Year 2003 (Program Year 2002) Annual Action
Plan for Community Development Block Grant funds. Seconded by Markham. Motion carried 7-0.
Office of the Governor: Communication from Governor Thomas Vilsack regarding the Iowa
Values Fund legislation and the Republican proposals for tax and regulatory changes, upon
motion received and filed.
Iowa League of Cities: Communication from Susan Judkins and Konni Kay Cawiezell, Iowa
League of Cities, requesting that the City Manager participate on the League’s Legislative Policy
Committee for the 2004 legislative session, upon motion received and filed and the City
Manager’s participation approved.
Dubuque Area Chamber of Commerce Loan Agreement: City Manager recommending approval
of a loan agreement between the City of Dubuque and the Dubuque Area Chamber of Commerce,
as approved during the Fiscal Year 2004 budget process, to support the marketing efforts of the
America’s River project, upon motion received and filed. Buol moved adoption of Resolution No.
224-03 Approving a loan agreement between the City of Dubuque, Iowa and the Dubuque Area
Chamber of Commerce for loan funds for the start-up marketing effort by the Convention and
Visitors Bureau for the America’s River Project. Seconded by Markham. Motion carried 7-0.
Economic Development Administration – Amendment to Contract: City Manager recommending
approval of Project Amendment #1 with the Economic Development Administration to extend the
start date to December 17, 2003 and the end date to June 17, 2005 for the Adams Company
relocation and demolition project. upon motion received and filed. Buol moved adoption of
Resolution No. 225-03 Authorizing the execution of Project Amendment No. 1 to a contract with
the Economic Development Administration. Seconded by Markham. Motion carried 7-0.
3
U.S. Department of Housing and Urban Development (HUD): City Manager recommending
approval of a Community Development Block Grant (CDBG) Agreement with the U.S. Department
of Housing and Urban Development (HUD) in the amount of $1,481,000 for the program year
beginning July 1, 2003 and ending June 30, 2004, upon motion received and filed. Buol moved
adoption of Resolution No. 226-03 Authorizing execution of a Community Development Block
Grant Agreement with the U.S. Department of Housing and Urban Development. Seconded by
Markham. Motion carried 7-0.
Stormwater Utility Implementation: City Manager providing an update on the Stormwater Utility
Implementation, upon motion received and filed.
Transit Trustee Board: Communication from the Transit Trustee Board recommending changes
to the proposed budget reductions, upon motion received and filed.
Business License Refunds:
Request of Sumbal Corp for a refund of their beer permit in the amount of $18.75, upon motion
received and filed and approved refund.
Request of MVL, Inc. for a refund of their beer and liquor combination license for A and B Tavern
in the amount of $633.75, upon motion received and filed and approved refund.
Business Licenses: Buol moved adoption of Resolution No. 227-03 Granting the issuance of
33 cigarette renewal permits; Resolution No. 228-03 Granting the issuance of a Class “B” Beer
Permit (5 Day Special Event) to Dubuque Jaycees (Tents A, B, and C), Northend Neighborhood
Association and Four Mounds Foundation; and Resolution No. 229-03 Granting the issuance of a
Class “C” Beer/Liquor License to Murphs South End, Diamond Jo Casino, Walnut Tap, and Airport
Inn; and a Class “B” Wine Permit to Ooh La La. Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Sale of Real Property at 2521 Stafford Street: City Manager recommending that a public hearing
be set for July 21, 2003 to consider disposing of real property located at 2521 Stafford Street to
Kristy Monahan-Smith, upon motion received and filed. Cline moved adoption of Resolution No.
230-03 of Intention to dispose of City-owned property, specifically, Lot Two (2) of Lot One (1) and
the east one-half (E1/2) of Lot Four (4) of Lot Two (2) both in Greiger’s Subdivision in the City of
Dubuque, Dubuque County, Iowa according to the recorded plat thereof; otherwise known as 2521
Stafford Street and further set this for public hearing on 7/21/03 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.
Cooper Development Loan Subordination Agreement: City Manager recommending that a public
hearing be set for July 21, 2003 to consider approval of a Subordination Agreement with Dubuque
Bank and Trust Company related to the City’s mortgage interest associated with Cooper
Development Company’s Downtown Rehabilitation Loan, upon motion received and filed. Cline
moved adoption of Resolution No. 231-03 Declaring the intent of the City of Dubuque, Iowa to
subordinate a mortgage interest in certain real estate and set this for public hearing on 7/21/03 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.
4
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Civic Center Commission (Two three-year terms to expire 6/29/06 – terms of Dolphin and Fuller):
Applicants: Gary Dolphin and Cynthia A. Fuller. Upon motion Gary Dolphin and Cynthia Fuller
reappointed to three year terms to expire 6/29/06.
Long Range Planning Advisory Commission (Two three-years terms through 7/1/06 – terms of
Neumeister and Stein): Applicants: Dr. Mary Lynn Neumeister and Rick Stein. Upon motion Dr.
Mary Lynn Neumeister and Rick Stein reappointed to three year terms which will expire 7/1/06.
Park and Recreation Advisory Commission (One three-year term through 6/30/06 – term of
Duggan): Applicant:Chuck Duggan. Upon motion Chuck Duggan reappointed to a three year
term which will expire 6/30/06.
ACTION ITEMS
Asbury Plaza Detention Facility: Communication of Werner Hellmer, representing Joseph and
Judy Riniker, requesting to address the Council regarding the Asbury Plaza Detention Facility and
City Manager responding to the communication from Werner Hellmer regarding the Asbury Plaza
Detention Facility, upon motion received and filed.
Attorney Werner Hellmer spoke stating the detention basin is not functional.
Assistant City Engineer Gus Psihoyos advised that the City is working with the developer to
correct the situation. He further stated that a new erosion control ordinance should be completed
by March, 2004.
Acquisition-Relocation Assistance Program for Bee Branch Basin Stormwater Mitigation
Activities: City Manager recommending approval of policies and procedures for administration of
an assistance program to households to be displaced due to stormwater mitigation activities
nd
related to the Bee Branch Basin, and beginning acquisition for the 32 Street Detention Basin,
upon motion received and filed and approved recommendation.
Council discussed this project and directed that a specific staff member be designated as a
contact for homeowners and that an explicit time frame be readily available. Housing and
Community Development Director David Harris responded that his department would be the
contact for the homeowners.
Low-Income Subsidy for Stormwater Utility: City Manager recommending approval of the low-
income subsidy criteria for the Stormwater Utility that is used by Utility Billing for refuse subsidies,
upon motion received and filed and approved recommendation.
Affordable Housing Task Force Report Update: City Manager recommending revisions for
implementation of the Affordable Housing Task Force 2001 report, upon motion received and filed
and approved recommendation.
RISE Grant for Highway 32 (Southwest Arterial): City Manager recommending approval of the
application for a Revitalize Iowa’s Sound Economy (RISE) grant from the Iowa Department of
Transportation for the construction of Iowa Highway 32 (Southwest Arterial), upon motion received
and filed. Cline moved adoption of Resolution No. 232-03 Authorizing the filing of an application
to the Iowa Department of Transportation. Seconded by Connors. Motion carried 7-0.
5
Health Services Department Weed Procedures: City Manager submitting two options for
revisions to the City’s weed procedures and requesting City Council direction, upon motion
received and filed.
Donna Schmidt, 352 O’Neill St., spoke objecting to the condition of a neighboring home.
Council discussed the merits of the various time frames to accomplish the necessary clean-up.
Ordinance No. 46-03 Amending Chapter 42 Vegetation of the City of Dubuque Code of
Ordinances by repealing Section 45-52 Notice to Property Owner to Remove; by amending
Section 45-53 Compliance with Removal Notice Required; by amending Section 45-54 Collection
of Cost of Removal by City; and by repealing Section 45-55 Failure to Comply with Weed
Removal Notice After Service of Second Notice, 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, Connors, Duggan, Markham, Michalski, Nicholson. Nays—Cline.
Carter Road Detention Basin – Design Parameters: City Manager recommending approval of
design parameters contained in Option #3 as developed by Veenstra and Kimm for the Carter
Road Detention Basin, upon motion received and filed and approved recommendation.
Sidewalk Café Ordinance: City Manager recommending approval of criteria for the placement of
sidewalk cafes on public right-of-way, upon motion received and filed. Ordinance No. 47-03
Amending Chapter 41 Streets, Sidewalks and Other Public Places of the City of Dubuque Code of
Ordinances by adding thereto a new Division 6 Sidewalk Cafés, 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.
Long Range Planning Advisory Commission: Appointment of Council representative and
alternate to the Long Range Planning Advisory Commission (currently Council Member Buol and
Mayor Duggan as alternate) for term from July 1, 2003 through June 30, 2004, upon motion
received and filed and reappointed the present appointees.
Safety of the Public: City Manager providing information related to citizen safety issues, upon
motion received and filed.
Fiscal Year 2004 Budget Amendment: City Manager submitting modifications to the Fiscal Year
2004 Budget Amendment recommendations for the July 9, 2003 public hearing, upon motion
received and filed.
There being no further business, upon motion meeting adjourned at 8:15 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
7/16
6