Minutes City Council 7 21 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, July 21, 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 Reverend Kristian Kincaid, Our Redeemer Lutheran Church.
Proclamation: Dubuque County Fair Week (July 22 – 27, 2003) received by Fair King Matt
Simon and Fair Queen Beth Schlitzer
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 7/1, 7/7, and 7/9; Civil Service Commission of
4/7; Historic Preservation Commission of 6/19; Housing Code Appeals Board of 4/29; Human
Rights Commission of 6/9 and 6/25; Joint City/County Planning Committee of 6/18; Zoning
Advisory Commission of 7/2, upon motion received and filed.
Proof of publication of City Council Proceedings of 6/23 and 7/1, upon motion received and
filed.
Notice of Claims/Suits: Chris Barnhart for vehicle damage; Jodie L. Bauer for vehicle
damage; Candace Fuerst for personal injury; Lisa Imbus for personal injury; Gary Nauman for
vehicle damage; Mary Marcotte for vehicle towing fees; Ronald L. Weitz for property damage,
upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel recommending denial of the claim of Gregg Liddle for vehicle damage
and Corporation Counsel recommending that the claim of Mark Friedenberger for vehicle
damage be referred to Selco, Inc., upon motion received and filed and concurred.
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Citizen Communications: Communication from Sarah Davidson, 125 West 9, thanking the
Council for maintaining Keyline service on Saturdays and for maintaining the fare rates and
communication from Eileen Sisler, 265 Cross Street, regarding the City’s budget concerns,
upon motion received and filed.
East Central Intergovernmental Association Administrative Contract: City Manager
recommending approval of an administrative contract with East Central Intergovernmental
Association for the demolition of the three houses on Old Mill Road, which the City acquired
under the hazard mitigation grant contract, upon motion received and filed and approved
recommendation.
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Fireworks Request: Request of Dubuque Jaycees, KDTH, KATF and KGRR Radio to conduct
a fireworks display on Saturday, July 3, 2004 on Volunteer Road between Hawthorne and Lime
and the closure of Hamilton, Kilgore and East Roosevelt Extension, upon motion received and
filed and approved request.
Vessel Systems, Inc. Community Economic Betterment Account Loan: City Manager
recommending approval of the Community Economic Betterment Account Loan Agreement of
$125,000 by and among the Iowa Department of Economic Development, Vessel Systems, and
the City of Dubuque, upon motion received and filed. Michalski moved adoption of Resolution
No. 236-03 Authorizing the execution of a Community Economic Betterment Account Loan
Agreement for One Hundred Twenty-Five Thousand Dollars ($125,000) with Vessel Systems,
Inc. Seconded by Connors. Motion carried 7-0.
Brewery Rehabilitation 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 Brewery Rehabilitation Project, upon motion received and filed. Michalski moved
adoption of Resolution No. 237-03 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 the
Brewery Rehabilitation Project. Seconded by Connors. Motion carried 7-0.
Purchase of Service Agreement – Dubuque Humane Society: City Manager recommending
approval of a Purchase of Service Agreement with Dubuque Humane Society in the amount of
$30,635, upon motion received and filed and approved recommendation.
Operations and Maintenance Center Roof Repair Project: City Manager recommending
acceptance of the Operations and Maintenance Center Roof Repair Project in the final contract
amount of $25,165.53 as completed by Prostruct Construction, Inc., upon motion received and
filed. Michalski moved adoption of Resolution No. 238-03 Accepting improvement and
Resolution No. 239-03 Approving final estimate. Seconded by Connors. Motion carried 7-0.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Fire Equipment Operator, Fire Lieutenant, Fire Captain and Assistant Fire Chief,
upon motion received and filed and resolved to make a matter of record.
City of Sageville Annexations: City Manager advising that the City Development Board has
denied the City of Sageville annexation applications and communication to Steve McCann, City
Development Board, advising that the City of Dubuque objects to the five annexation
applications filed by the City of Sageville and requesting that the City Development Board deny
these applications, upon motion received and filed and approved.
Bill Miller Logging, Inc. – Minor Final Plat: Zoning Advisory Commission recommending
approval of the minor final plat of Lot 1, Lot 2 and Lot 3 of Miller Place located at the northwest
corner of Highway 61/151 in Dubuque County as requested by Bill and Mary Miller/Bill Miller
Logging, Inc., upon motion received and filed. Michalski moved adoption of Resolution No.
240-03 Approving the final plat of Lot 1, Lot 2 and Lot 3 of Miller Place in Dubuque County,
Iowa. Seconded by Connors. Motion carried 7-0.
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Link Acres – Final Plat: Zoning Advisory Commission recommending approval of the final plat
of Link Acres at the end of Wildlife Ridge in Dubuque County as requested by David and Judith
Link, upon motion received and filed. Michalski moved adoption of Resolution No. 241-03
Approving the final plat of Link Acres in Dubuque County, Iowa. Seconded by Connors. Motion
carried 7-0.
Rental Dwelling License Fee: City Manager recommending approval of rental dwelling license
fee increases as approved by the City Council as part of the Fiscal Year 2004 budget
amendment, upon motion received and filed. Michalski moved adoption of Resolution No. 242-
03 Approving an increase in the rental dwelling license fee. Seconded by Connors. Motion
carried 7-0.
Environmental Protection Agency Cleanup Grant Contract: City Manager recommending
approval of a formal application to the U.S. Environmental Protection Agency (EPA) for a
$200,000 Brownfield Cleanup Grant for petroleum contamination cleanup in the Port of
Dubuque and communication from the United States Environmental Protection Agency (EPA)
advising that the City has been selected as one of the entities with whom EPA will pursue
negotiations to award a cooperative agreement for a cleanup grant in the Port of Dubuque
area, upon motion received and filed. Michalski moved adoption of Resolution No. 243-03
Authorizing the filing of a formal application for a $200,000 Brownfield Cleanup Grant with the
U.S. Environmental Protection Agency for cleanup activities in the Port of Dubuque. Seconded
by Connors. Motion carried 7-0.
Settlement of Personal Injury Claim: Corporation Counsel recommending approval of a
release of subrogation claim of the City for the personal injury claim of Shane O’Brien, upon
motion received and filed and approved recommendation.
Bergfeld Farm Lease: City Manager recommending approval of a 3-year extension of a farm
lease with Kenneth and Janet Bergfeld with terms that allow the City the ability to terminate the
lease at any time if the property is needed for development purposes, upon motion received
and filed. Michalski moved adoption of Resolution No. 244-03 Approving a farm lease with
Kenneth G. and Janet M. Bergfeld. Seconded by Connors. Motion carried 7-0.
Capital Improvement Program Project – Structural Assessment: City Manager recommending
approval of an addition to the Airport’s Capital Improvement Program budget for a structural
assessment for the Quonset and shop building in the amount of $9,950, which will be 100%
funded with a State grant, upon motion received and filed and approved recommendation.
Small Community Air Service Development Pilot Program: Communication of the City
Manager to Secretary Norman Mineta, US Department of Transportation, advising that the City
of Dubuque endorses the Dubuque Regional Airports’ grant application to the Small Community
Air Service Development Pilot Program, upon motion received and filed and approved
recommendation.
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Iowa Department of Public Health: Communication from the Iowa Department of Public Health
advising that they and the Association of State and Territorial Dental Directors have recognized
the City of Dubuque’s contribution to the dental public health of Iowa citizens, upon motion
received and filed.
Mississippi on the River LLC: Corporation Counsel recommending approval of an Access
and Indemnity Agreement with Mississippi on the River LLC to do a photo shoot at the Shot
Tower, upon motion received and filed and approved recommendation.
Business License Refund: Request of Donald B. Meyer, Main Street Caboose, Inc., for a
refund of his beer/liquor license in the amount of $211.25, upon motion received and filed and
approved request.
Business Licenses: Michalski moved adoption of Resolution No. 245-03 Granting the
issuance of three renewal permits to sell cigarettes and cigarette papers; Resolution No. 246-
03 Granting the issuance of a Class “B” Beer (5 Day Special Event) Permit to Dubuque Area
Labor Management (Tents A, B and C); and Class “C” Beer Permit to IOCO Speede Shoppe #2
and Amoco Food Shop and Resolution No. 247-03 Granting the issuance of a Class “C”
Beer/Liquor License to House of China, Mad Hatters, Dubuque Five Flags Center and Grape
Harbor (Café Outdoor Service); and Class “B” Wine License to Basket Expressions.
Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Voluntary Annexation Request – Callahan Construction: City Manager recommending that a
public hearing be set for August 18, 2003 to consider a voluntary annexation request by
Callahan Construction, Inc for forty acres of land on Seippel Road north of the Dubuque
Industrial Center West, concurrent with rezoning, upon motion received and filed and set for
public hearing on 8/18/03 at a meeting to commence at 6:30 P.M. in the public library
auditorium and the City Clerk publish notice in the manner prescribed by law.
Port of Dubuque Building Demolition and Site Clearance Project: City Manager recommending
initiation of the public bidding process for the Port of Dubuque Logging Properties – Building
Demolition and Site Clearance Project and that a public hearing be set for August 18, 2003,
upon motion received and filed. Cline moved adoption of Resolution No. 248-03 Preliminary
approval of plans and specifications; Resolution No. 249-03 Setting date of hearing on
preliminary plans and specifications for 8/18/03 at a meeting to commence at 6:30 P.M. in the
public library auditorium and the City Clerk publish notice in the manner prescribed by law; and
Resolution No. 250-03 Ordering bids. 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 (Two vacancies from Low/Moderate Income
Area through 2/15/04 and 2/15/05): Applicant: David Oliver (Low/Moderate Income Area). Mr.
Oliver spoke requesting consideration for appointment.
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Housing Commission (One unexpired 3-year term through 8/17/05) Applicant:Gina Bell,
who, though unable to be in attendance had conveyed interest in this position.
Transit Board of Trustees (One 3-year term through 7/30/03 – term of Bemis) Applicant:
Harry J. Bemis. No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
605 West Locust and 2085, 2085 ½ Foye Street – Request to Rezone: Proof of publication
on notice of hearing to consider rezoning property located at 605 West Locust and 2085, 2085
½ Foye Street from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family
Residential District to C-2 Neighborhood Shopping Center District at the request of Christopher
and Jennifer Spahn and Zoning Advisory Commission recommending denial, and
communication from Mrs. Marjorie Lee in opposition to the proposed rezoning, upon motion
received and filed.
Attorney Brian Kane, representing the Spahn’s, requested approval of the Ordinance, stating
conditions on the property, if necessary, would be accepted by them.
Lindsay Engling, 1913 Ellis, as President of Valley View Neighborhood Assn., spoke in favor
of the proposed rezoning.
Betty Lee of 427 1/2 West Fourth Street, Mrs. James Lee of 594 Almond, Jerry Pottebaum of
659 W. Locust, John Plein of 667 W. Locust, Jennifer Welsh of 2119 Foye, and Cindy Welsh of
2119 Foye, all spoke objecting to the passage of the Ordinance for the proposed strip mall.
David Fisch, 406 Almond, spoke in support of the project, stating there were 33 people at the
Neighborhood meeting and no one was opposed. Dan Roth of 1954 Ellis and Vincent
Manders of 569 W. Locust, both spoke in favor of the project.
Ordinance No. 54-03Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 605 West Locust
and 2085, 2085 ½ Foye Street from R-2A Alternate Two-Family Residential District and C-1
Neighborhood Commercial District to C-2 Neighborhood Shopping Center 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 Connors. Motion carried 7-0.
44 Main Street – Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located at 44 Main Street from LI Light Industrial to C-4 Downtown
Commercial District at the request of Kevin Menning/K & C Investments and Zoning Advisory
Commission recommending approval, upon motion received and filed. Ordinance No. 55-03
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 44 Main Street from LI Light Industrial
District to C-4 Downtown Commercial District, 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 Cline. Motion carried
7-0.
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Harvest Development - 4100 Asbury Road – Request to Rezone: Proof of publication on
notice of hearing to consider rezoning property located at 4100 Asbury Road from R-1 Single-
Family Residential District and R-3 Moderate Density Multi-Family Residential District to PUD
Planned Unit Development with a PR Planned Residential designation to allow development of
a 180-unit senior assisted living housing complex and Zoning Advisory Commission
recommending approval, upon motion received and filed.
Marty McNamer, 1199 Hunter’s Ridge, of the Harvest Development Group, spoke requesting
passage of the Ordinance allowing the proposed development.
Ordinance No. 56-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located north of Matthew
John Drive from R-1 Single-Family Residential District and R-3 Moderate Multi-Family
Residential District to 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 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.
Sale of Real Property – 2521 Stafford Street: Proof of publication on notice of hearing to
consider the sale of real estate at 2521 Stafford Street to Kristy Monahan-Smith for the amount
of $71,500 and City Manager recommending approval, upon motion received and filed.
Kristy Monahan-Smith spoke requesting Council approve this disposition.
Connors moved adoption of Resolution No. 251-03 Disposing 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, Iowa according to the
recorded plat thereof; otherwise known as 2521 Stafford Street. Seconded by Cline. Motion
carried 7-0.
Cooper Development Loan Subordination Agreement: Proof of publication on notice of
hearing to consider 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 and City Manager recommending approval, upon motion received and filed.
Michalski moved adoption of Resolution No. 252-03 Authorizing a Subordination Agreement in
regard to a mortgage interest in City Lot 73 (except the southerly three inches thereof) in the
City of Dubuque, Dubuque County, Iowa. Seconded by Michalski. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
East Dubuque Savings Bank – Site Plan Review: Zoning Advisory Commission recommending
approval of the site plan for East Dubuque Savings Bank at the southwest corner of Cedar
Cross Road and Starlite Drive, upon motion received and filed and approved with Mayor
Duggan absent briefly due to possible conflict of interest.
Electrical Fee Ordinance: City Manager recommending approval of a revised fee schedule for
electrical permits for new commercial and industrial projects, upon motion received and filed.
Ordinance No. 57-03 Providing that the Code of Ordinances, City of Dubuque, Iowa, be
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amended by revising the electrical permit fee schedule for new commercial and industrial
buildings for the City of Dubuque, Iowa, 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.
Resources Enhancement and Protection (REAP) Program: City Manager recommending City
Council approval of an updated REAP Plan, confirmation of a representative to the REAP
committee, and approval of the Fiscal Year 2005 REAP grant application, upon motion received
and filed. Michalski moved that the updated REAP Plan be approved; that Council Member
Joyce Connors be reappointed to the REAP Committee; and adoption of Resolution No. 253-03
Authorizing a grant application to the Iowa Department of Natural Resources for REAP funds
for Pyatigorsk Park. Seconded by Cline. Motion carried 7-0.
Vendor Application Process: City Manager recommending approval of the criteria for use of
public right-of-way for vending at the Port of Dubuque and Hawthorne Street Peninsula, upon
motion received and filed and approved recommendation.
The following Agenda item was withdrawn at the request Fondell Excavating - Eagle Valley
Subdivision: City Manager recommending approval of assistance, with guarantees, to Fondell
Excavating, Inc. to facilitate development of Eagle Valley Subdivision, which is a new
subdivision of affordable owner-occupied housing along Roosevelt Road.
Fiscal Year 2004 Budget Amendment: City Manager submitting information on the Fiscal
Year 2004 budget amendment and utility franchise fee and recommending that a public hearing
be set for July 28, 2003 to consider adoption of a franchise fee, upon motion set public hearing
for Monday, 7/28/03 at a meeting to commence at 6:00 P.M. in the public library auditorium and
that the City Clerk publish notice in the manner required by law.
Jackson Park Historic District / Downtown Neighborhood Council: Communication of the City
Manager requesting that this item be denied and Historic Preservation Commission
recommending approval of a request from the Downtown Neighborhood Council for funding in
the amount of $15,905.80 from the Historic District Public Improvement Program to install trash
receptacles, park benches, planters and street trees in Jackson Park and the public right-of-
way in the Jackson Park Historic District, upon motion received and filed and approved the
recommendation to deny.
Historic Bluffs Neighborhood Association: Communication from the Historic Bluffs
Neighborhood Association requesting that the Council reconsider pulling funding from the
existing Historic District Public Improvement Program, upon motion received and filed.
Communication of the City Manager requesting that this item be denied and Communication of
the Historic Preservation Commission recommending approval of a request from the Historic
Bluff Neighborhood Association for funding in the amount of $86,032.50 from the Historic
District Public Improvement Program to install historic street lighting in the public right-of-way
along Loras Boulevard from Bluff Street to Prairie Street, upon motion received and filed and
approved the recommendation to deny.
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Downtown Neighborhood Council: Communication of the City Manager requesting that this
item be denied and Historic Preservation Commission recommending approval of a request
from the Downtown Neighborhood Council for funding in the amount of $12,155.03 from the
Historic District Public Improvement Program to install brick paver sidewalks in the public right-
of-way at 1105, 1470, 1472 and 1492 Locust Street, upon motion received and filed and
approved the recommendation to deny the request of the Historic Preservation Committee.
Langworthy Neighborhood Association: Communication of the City Manager requesting that
this item be denied and Historic Preservation Commission recommending approval of a request
from the Langworthy Neighborhood Association for funding in the amount of $5,930.40 from the
Historic District Public Improvement Program to install planters in the public right-of-way in the
Langworthy Historic District, upon motion received and filed and approved the request to deny.
Historic Preservation Commission: Communication of the City Manager requesting that this
item be denied and Historic Preservation Commission recommending that the City Council
allocate $4,345.77 from the Historic District Public Improvement Program for Engineering
Department costs associated with the installation of historic district entry street signs in the
public right-of-way, upon motion received and filed and approved the recommendation to deny.
COUNCIL MEMBER REPORTS
Nicholson stated his appreciation for the input and civility of individuals attending and
speaking at the Public Hearing for the amended Budget and also stated the new Grand River
Conference Center is magnificent. Michalski thanked staff and also the Five Flags Staff for
their work on the public hearing.
There being no further business, upon motion meeting adjourned at 8:43 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 7/30
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