8 4 03 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 4, 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 Victor St. George, St. Matthew Lutheran Church
Proclamations: Responsible Gaming Education Week (August 4 – 8, 2003) received by
Carrie Tedore and Shannon Gaherty of the Dubuque Racing Association; United Way
Campaign Time (August 18 – October 31, 2003) received by Ron Spillane.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 6/23 and 7/18; City Council of 7/21
and 7/28; Civil Service Commission of 7/8 and 7/25; Historic Preservation Commission of
7/17; Housing Commission of 5/27, upon motion received and filed.
Proofs of publication of Council Proceedings for July 7 and July 9, 2003 and List of Claims
and Summary of Revenues for Month Ending June 30, 2003, upon motion received and filed.
Printed Council Proceedings for May, 2003, upon motion received and filed and approved
as printed.
Notice of Claims/Suits: Michael Francois for vehicle damage; Dwane Hingtgen for property
loss; Lyle and Patricia Ott for vehicle damage; Teamsters Union #421 and John Gotto vs
City of Dubuque, 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: Chris Barnhart
for vehicle damage; Lisa Imbus for personal injury, upon motion received and filed and
concurred.
Corporation Counsel recommending denial of the claim of Mary Marcotte for vehicle towing,
upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of United Way Services, Inc.
for property damage and directing Finance Department to issue payment, upon motion
received and filed and concurred and Finance to issue payment.
Request to Purchase City-Owned Property: Request of Bob Hartig, Oak Park Place of
Dubuque, LLC, to purchase three parcels of property located in the Medical Associates
Green Belt, upon motion received and filed and referred to the City Manager.
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Patricia Ann Drive/Subdivision: Communication from Lloyd S. Gudenkauf, Gudenkauf
Construction, requesting that the City release his bond, in the amount of $13,500, for
completion of Patricia Ann Drive, upon motion received and filed and referred to the City
Manager.
Eagle Food Centers, Inc.: An amended notification from Eagle Food Centers, Inc. pursuant
to the Worker Adjustment and Retraining Notification Act, and applicable State law and
advising that the company has filed for Chapter 11 bankruptcy, upon motion received and
filed.
Police Department Towing Contract: City Manager recommending approval for renewal of
the towing contract with Wenzel Towing, presented and read.
Marie Steve questioned the bid-letting specifics of this and requested reevaluation of their
bid.
Police Chief Kim Wadding spoke clarifying their process of this towing contract.
After Council discussion and direction to reevaluate, upon motion this matter was tabled.
Section 8 Management Assessment Program (SEMAP): City Manager advising that the
City of Dubuque Housing Department has been designated a “High Performing” housing
authority by the U.S. Department of Housing and Urban Development, with a rating score of
100%, upon motion received and filed.
Establishment of Fair Market Value on U.S. 20 Properties: City Manager recommending
approval of the establishment of fair market values of three parcels of property needed as
right-of-way for the proposed U.S. 20 traffic flow improvement project, upon motion received
and filed. Buol moved adoption of Resolution No. 255-03 Establishing fair market value for
the acquisition of certain real property owned by Center Grove Methodist Episcopal
Cemetery Association in the City of Dubuque, Iowa; Resolution No. 256-03 Establishing fair
market value for the acquisition of certain real property owned by WCB Hotels, Inc. in the
City of Dubuque, Iowa; and Resolution No. 257-03 Establishing fair market value for the
acquisition of certain real property owned by CNL Funding 2000-A., L.P. in the City of
Dubuque, Iowa. Seconded by Michalski. Motion carried 7-0.
Grand River Center – Temporary Meeting Room Names: City Manager recommending
that the temporary names for meeting rooms at the Grand River Center, which were
approved by Council on June 2, 2003, be revised to be consistent with industry standards for
conference and convention facilities, upon motion received and filed and approved
recommendation.
Business Licenses: Buol moved adoption of Resolution No. 258-03 Granting the issuance
of two renewal permits to sell cigarettes and cigarette papers within the City to
Hammerheads Bar and Awn Stop Mart; Resolution No. 259-03 Granting the issuance of one
new permit to sell cigarettes and cigarette papers within the City to the Eagles Club;
Resolution No. 260-03 Granting the issuance of a Class “B” Beer (5-Day Special Event)
Permit to Dubuque Jaycees (Tents A, B and C); and Resolution No. 261-03 Granting the
issuance of a Class “C” Beer/Liquor License to Clarke College, Shannon’s Bar/Grill, and
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Player’s Sports Bar; and Special Class “C” Liquor License to Choo Choo Charlie’s and Bell
Tower Theatre. Seconded by Michalski. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
General Obligation Bond Sale to Support Stormwater Projects: City Manager
recommending that a public hearing be set for August 18, 2003 on the proposition of selling
not to exceed $2,110,000 in General Obligation Bonds (for an essential corporate purpose)
to support stormwater projects, upon motion received and filed. Michalski moved adoption
of Resolution No. 262-03 Fixing date for a meeting on the proposition of the issuance of not
to exceed $2,110,000 General Obligation Bonds (for an essential corporate purpose) of
Dubuque, Iowa, and providing for publication of notice thereof and set this for public hearing
on 8/18/03 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 Cline. Motion
carried 7-0.
Eagle Valley Subdivision Sanitary Sewer Extension Project – Initiate: City Manager
recommending initiation of the bidding process for the Eagle Valley Subdivision Sanitary
Sewer Installation Project and that a public hearing be set for August 18, 2003, upon motion
received and filed. Michalski moved adoption of Resolution No. 263-03 Preliminary
approval of plans and specifications; Resolution No. 264-03 Fixing date of hearing on plans
and specifications for 8/18/03 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. 265-03 Ordering bids. Seconded by Cline. Motion carried 7-0.
Fiscal Year 2004 Budget Amendment: City Manager recommending that a public hearing
be set for September 2, 2003 to consider adoption of the Fiscal Year 2004 Budget
Amendment, upon motion received and filed. Michalski moved adoption of Resolution No.
266-03 Directing the City Clerk to publish proposed amendment to the Fiscal Year 2004
Budget and date of public hearing with public hearing set for 9/2/03 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. Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the
following Boards/Commissions:
Housing Commission (One Section 8 3-year term through 8/17/03 – term of Plein; Three 3-
year terms through 8/17/06)
Applicants: John Plein (Section 8), Dorothy Culbertson, Jim Holz, and Danita Grant
Mr. Plein spoke requesting consideration for reappointment.
TV Cable Teleprogramming Commission (Two unexpired terms through 6/30/06; One 3-
year term through 6/30/06 – term of Tigges) Applicant: Jennifer Tigges No one spoke.
Appointments to the following Boards/Commissions:
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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).
Upon motion David Oliver appointed to the Community Development Advisory Commission
for a term which will expire 2/15/05.
Housing Commission (One unexpired 3-year term through 8/17/05) Applicant:Gina Bell.
Upon motion Gina Bell appointed to the Housing Commission for an unexpired three year
term through 8/17/05.
Transit Board of Trustees (One 3-year term through 7/30/06 – term of Bemis) Applicant:
Harry J. Bemis. Upon motion Harry J. Bemis reappointed to a three year term which will
expire 7/30/06.
ACTION ITEMS
Convention and Visitors Quarterly Report: Sue Czeshinski, Dubuque Area Chamber of
Commerce – Convention and Visitors Bureau, spoke and presented the CVB Quarterly
Report. Upon motion the report was received and filed.
Mayor Duggan turned control of the meeting to Mayor Pro-Tem Cline and left the room due
to possible conflict of interest.
Upon motion the following item was removed from the table: QHQ Rezoning (Tabled on
June 2, 2003): Communication from Kenneth L. Buesing requesting that this item be placed
back onto the City Council agenda for consideration; Communication from Kenneth L.
Buesing, representing QHQ Development, submitting additional information regarding the
QHQ request for rezoning of property located south on Holliday Drive, west of the Northwest
Arterial, from AG Agricultural District to C-3; Communication from Mark Lockwood regarding
the QHQ rezoning request and providing an update from the neighborhood meeting, and 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, Inc. spoke and stated that though directed by Council
to compromise with the objecting neighbors on this rezoning matter, that they had not been
able to come to any satisfactory conclusion. He also stated that they would increase the
buffer zone to 75 feet which would decrease the number of necessary Council votes for the
rezoning. That buffer zone would be made up of native grasses and would not have an
access road to Samantha Dr.
John Jungbluth, 4911 Twilight Dr., spoke clarifying the sequence of events, objected to the
proposed rezoning and objected to being left out of discussions with Mr. Buesing and Dr.
Quagliano.
Council discussed the original comprehensive plan and its original and changing focus.
Markham moved to table this matter. Seconded by Michalski. Carried by the following
vote: Yeas—Buol, Cline, Connors, Markham, Michalski. Nays—Nicholson.
Mayor Duggan returned and took control of the meeting.
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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,
upon motion received and filed and approved recommendation.
The following was pulled from the Agenda: Final Plat – Eagle Valley Subdivision: City
Manager recommending approval of the final plat of Eagle Valley Subdivision located along
Roosevelt Road and a Resolution approving final plat of Lots 1-2, inclusive, of Block 1, Lots
1-27, inclusive of Block 2, Lots 1-13, inclusive, of Block 3, Lots 1-13, inclusive, of Block 4,
Lots 1-21, inclusive, of Block 6, Lots 1-10, inclusive, of Block 7, and Lots A-I, inclusive, all of
Eagle Valley Subdivision.
Historic District Public Improvement Program: Communication from the Historic
Preservation Commission requesting that the HDPIP applications be approved as
recommended by the Commission, and that the $139,450 in Fiscal Year 2003 funding be
restored to the Historic District Public Improvement Program; communication from Doug
Stillings, President of the Downtown Neighborhood Council, requesting Council approval of
their two proposed Historic District Public Improvement Program projects, without funding
and communication from David A. Cox, Treasurer of the Historic Bluffs Neighborhood
Association, requesting Council approval of their historic lighting project along Loras
Boulevard, without funding, upon motion received and filed the communications and
approved the projects submitted for consideration through the Historic District Public
Improvement Program, without funding.
Sidewalk Café Ordinance: City Manager recommending approval of a change to the
Sidewalk Café Ordinance to include a definition of a sidewalk café, upon motion received
and filed. Ordinance No. 60-03 Amending Chapter 41 Streets, Sidewalks and Other Public
Places, Division 6 Sidewalk Cafes by adding a new Section 41-179 Sidewalk Café Defined;
and by amending Section 41-180(c) Authorizing sidewalk cafes for only restaurants or retail
businesses where more than fifty percent (50%) of the business conducted on the premises
is the sale or dispensing of food or retail items, 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.
Motion carried 7-0.
Conversion of Apartment Buildings to Condominiums: City Manager recommending
approval of an amendment to Chapter 11 (Building Regulations) of the City’s Code of
Ordinances to regulate the conversion of apartment buildings into condominiums and
providing for fees for site and building inspections related to the conversion, upon motion
received and filed.
Ordinance No. 61-03 Amending the City of Dubuque Code of Ordinances Chapter 11,
Buildings and Building Regulations, by adopting a new Article V Condominium Conversions
requiring that an existing structure shall not be converted to a horizontal property regime
unless the converted structure meets Building Code requirements and providing the
procedure for the issuance of a Certificate of Compliance, presented and read. Buol
moved that the requirement that a proposed Ordinance be considered and voted on for
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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 Nicholson. Motion carried 7-0.
Buol moved adoption of Resolution No. 267-03 Adopting fees for conversion of existing
structures used for human habitation to horizontal property regimes (condominiums).
Seconded by Nicholson. Motion carried 7-0.
Amending the Electrical Ordinance, Heating and Ventilating Ordinance, and the Plumbing
Ordinance: City Manager recommending approval of three ordinances to increase the
electrical license fees; mechanical license fees; and plumbing license fees as approved as
part of the recent Fiscal Year 2004 budget amendment, upon motion received and filed.
Ordinance No. 62-03 Amending the City of Dubuque Code of Ordinances, Section 18-2,
Article 83-7, Table 13-B Electrical Examination, License and Registration Fees; Ordinance
No. 63-03 Amending the City of Dubuque Code of Ordinances, Section 24-2, Article 308,
Table 3-B Mechanical Examination, Registration and Certificate of Competency Fees; and
Ordinance No. 64-03 Amending the City of Dubuque Code of Ordinances Section 37-2,
Table 20-B, Plumbing Examination, License and Registration Fees, 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 Nicholson. Motion carried 7-0.
PUBLIC INPUT
Rhodes (Bud) Isenhart, 8968 Quail Ridge Rod, spoke about TIF funding and requested an
annual accounting of jobs created and how loans are repaid.
City Manager Van Milligen spoke of the great number of jobs created and the formation of a
positive future tax base.
Marvin Nye of Peosta, IA spoke introducing himself and informing them of his new
ambulance transfer business.
There being no further business, upon motion the meeting adjourned at 8:41 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/13
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