Minutes City Council 8 18 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 18, 2003
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Cline, Council Members Buol, Connors, Markham, Michalski, Nicholson,
City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan
Invocation was given by Sister Rosalyn Ulfers, PBVM, Chaplain, Mercy Medical Center.
Proclamation: Tour de Dubuque Day (August 23, 2003) received by Mike Martin and
representatives of the Customer Riders and Bicycle Club of Dubuque.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 8/4 and 8/11; Community Development Advisory
Commission of 6/25; Downtown Planning Committee of 7/14; Five Flags Commission of 6/16;
Investment Oversight Advisory Commission of 7/24; Joint City County Planning Committee of 7/23;
Zoning Advisory Commission of 7/2; Zoning Board of Adjustment of 7/24, upon motion received and
filed.
Proof of publication of Council Proceedings of July 21, 2003 and July 28, 2003, upon motion
received and filed.
Printed Council Proceedings for June, 2003, upon motion received and filed and approved as
printed.
Finance Director submitting the Financial Reports for the month ending July 31, 2003, upon motion
received and filed.
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Investment Oversight Commission submitting the 41 Quarterly Report, upon motion received and
filed.
Notice of Claims/Suits: Gerald Brimeyer for vehicle damage; Bernice L. Petersen for personal
injury, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising that the claim of Duwane Hingtgen for stolen property has been
referred to the Clerk of Court at the Dubuque County Courthouse, upon motion received and filed
and concurred.
Corporation Counsel recommending denial of the claim of Jodie L. Bauer for vehicle damage and
Patricia Ott for vehicle damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claims of Michael Francois for vehicle
damage and Ronald Weitz for property damage and directing Finance Department to issue payment,
upon motion received and filed and concurred and directed Finance Director to issue proper check.
Forest Grange Subdivision #2: Zoning Advisory Commission recommending approval of the final
plat of Lots 1-3, inclusive, of Forest Grange Subdivision #2 at the request of Jim Gantz, upon motion
received and filed. Buol moved adoption of Resolution No. 268-03 Approving final plat of Lots 1-3,
inclusive, of Forest Grange Subdivision #2 in Dubuque County, Iowa. Seconded by Markham.
Motion carried 6-0.
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Cedar Ridge Farms Place #4: Communication from Julien G. Nemmers, Nemmers Cedar Ridge
Farm Partnership, requesting acceptance of Cedar Ridge Farm Place #4 Subdivision, Lots 1-7, with
all the improvements, in the City of Dubuque, Iowa, upon motion received and filed and referred to
the City Manager.
Flora Park Rest Room Construction Project: City Manager recommending acceptance of the Flora
Park Rest Room Construction Project as completed by S & S Construction in the final contract
amount of $123,627.71, upon motion received and filed. Buol moved adoption of Resolution No.
269-03 Accepting improvement and Resolution No. 270-03 Approving final cost. Seconded by
Markham. Motion carried 6-0.
City Development Board: Notification from the City Development Board advising that they have
denied the voluntary annexation request of the City of Sageville, upon motion received and filed.
Request to Purchase City-Owned Property: Communication from Michelle Kenline, 105 South
Grandview Avenue, requesting to purchase a portion of a City alley abutting her property at 105
South Grandview, upon motion received and filed and referred to the City Manager.
Utility Franchise Fee: Communication from City Manager Michael C. Van Milligen to Joseph Ertl
regarding the City of Dubuque’s utility franchise fee, upon motion received and filed.
Collective Bargaining Agreement – Amalgamated Transit Union: City Manager recommending
approval of the collective bargaining agreement between the City of Dubuque and the Amalgamated
Transit Union, Local #329, effective July 1, 2003, upon motion received and filed. Buol moved
adoption of Resolution No. 271-03 Approving the agreement between the City of Dubuque, Iowa,
and the Amalgamated Transit Union, Local #329. Seconded by Markham. Motion carried 6-0.
Amendment to Collective Bargaining Agreement – International Union of Operating Engineers: City
Manager recommending approval of an amendment to the collective bargaining agreement between
the City and the International Union of Operating Engineers, upon motion received and filed and
approved recommendation.
Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for the
period ending June 30, 2003, upon motion received and filed.
Industrial Sewer Use Agreements: City Manager recommending approval of Sewer Use
Agreements with Rousselot (Sanofi Bio Industries), Swiss Valley Farms and Inland Protein
Corporation for a period of four years, upon motion received and filed and approved
recommendation.
Section 8 Program Recognition: City Manager advising that HUD has recently recognized the
Housing Department Section 8 Rental Assistance Program with two certificates of achievement, upon
motion received and filed.
Local Law Enforcement Block Grant Application: City Manager recommending endorsement of the
2003 Local Law Enforcement Block Grant application in the amount of $21,651 and approval of a
Police Department budget amendment to fund the cash match in the amount of $2,406, upon motion
received and filed and approved recommendation.
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Temporary Remote Bus Parking: City Manager recommending approval to blacktop a connecting
driveway from the end of the Bell Street Extension west to the concrete pads on the old Peavey grain
storage area and to connect the two separate pads to provide temporary remote bus parking, upon
motion received and filed and approved recommendation.
Capital Improvement Project – Reallocation of FAA Funds: City Manager recommending approval
of the reallocation of FAA Funds for two Capital Improvement Program projects at the Airport, upon
motion received and filed and approved recommendation.
Iowa Department of Transportation Policy Strategies: City Manager submitting proposed comments
on the Iowa Department of Transportation (IDOT) Policy Strategies, upon motion received and filed.
Legislative Correspondence: Communication from Senator Tom Harkin regarding the need for
federal assistance to States and local governments, upon motion received and filed.
Workers’ Compensation Claim: City Solicitor William G. Blum recommending approval of a
proposed closed case agreement for a final settlement of a Workers’ Compensation Claim, upon
motion received and filed and approved recommendation.
REAP Funding for the City of Farley: City Manager submitting a communication to the REAP
Evaluation Committee in support of the City of Farley’s application for funding of their Heritage Trail
Connection project, upon motion received and filed and approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 272-03 Granting the issuance of one
renewal to sell cigarettes and cigarette papers in the City of Dubuque to Shannon’s Bar and Grill;
Resolution No. 273-03 Granting the issuance of a Class “B” Beer (5-Day Special Event) Permit to
Riverfest and Dubuque Jaycees (Tents A, B and C); and a Class “C” Beer Permit to Sid’s Beverage
and Oky Doky #6; and Resolution No. 274-03 Granting the issuance of a Class “B” (Hotel/Motel)
Liquor License to Days Inn; Class “C” Beer/Liquor License to Lucky 13 Tap, Los Aztecas Mexican
Restaurant and Tri-State Golf Center and Class B Wine (BW) to Sid’s Beverage and Oky Doky #6;
and Class “C” Beer/Liquor License (Special 5-Day Event) to Carlos O’Kelly’s and Grand Opera
House. Seconded by Markham. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
West Fifth Street – Request to Vacate: City Manager recommending that a public hearing be set
for September 2, 2003 to consider a request from The Finley Hospital to vacate an alley southwest of
West Fifth Street, upon motion received and filed. Michalski moved adoption of Resolution No.
275-03 Approving plat of proposed vacated alley southwest of West Fifth Street. Seconded by
Connors. Motion carried 6-0. Ordinance No. 65-03 Vacating the alley southwest of West Fifth
Street, 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 6-0. Michalski moved adoption of Resolution No. 276-03 Of
Intent to dispose of City interest in Lot 6A of Finley Home Addition in the City of Dubuque, Iowa and
further set this for public hearing on 9/2/03 at a meeting to commence at 6:30 P.M. at the Public
Library and that the City Clerk publish notice in the manner prescribed by law. Seconded by
Connors. Motion carried 6-0.
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In-Line Skate Rink Project – Initiate: City Manager recommending initiation of the bidding process
for the In-Line Skate Rink Project and that a public hearing be set for September 15, 2003, upon
motion received and filed. Michalski moved adoption of Resolution No. 277-03 Preliminary
approval of plans and specifications; Resolution No. 278-03 Fixing date of public hearing on plans
and specifications for 9/15/03 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 and
Resolution No. 279-03 Ordering bids. Seconded by Connors. Motion carried 6-0.
Voluntary Annexation: City Manager recommending that a public hearing be set for December 1,
2003 to consider the voluntary annexation of property in Dubuque County, upon motion received and
filed. Michalski moved adoption of Resolution No. 280-03 Approving Annexation Agreement for the
Annexation of Territory and Setting a Public Hearing on the Annexation of such Territory for 12/1/03
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 6-0.
University Avenue Reconstruction Project – Initiate: City Manager recommending initiation of the
bidding process for the University Avenue Reconstruction Project and that a public hearing be set for
September 15, 2003, upon motion received and filed. Michalski moved adoption of Resolution No.
281-03 Preliminary approval of plans and specifications; Resolution No. 282-03 Fixing date of
hearing on plans and specifications; Resolution No. 283-03 Resolution of Necessity; Resolution No.
284-03 Setting hearing on Resolution of Necessity for 9/15/03 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. 285-03 Approving preliminary schedule of assessments and Resolution
No. 286-03 Ordering bids. Seconded by Connors. Motion carried 6-0.
The following item was removed from the Agenda: Establishment of Interceptor Sanitary Sewer
Connection Fees: City Manager recommending that a public hearing be set for September 15, 2003
to consider the establishment of interceptor sanitary sewer connection fees for the County Farm
drainage basin area.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Housing Commission (One Section 8 - 3-year
term through 8/17/06 – term of Plein; Three 3-year terms through 8/17/06) - Applicants: John Plein
(Section 8), Dorothy Culbertson, Jim Holz, and Danita Grant. Michalski moved that John Plein,
Dorothy Culbertson, Jim Holz and Danita Grant be reappointed to the Housing Commission for three
year terms to expire 8/17/06. Seconded by Connors. Motion carried 6-0.
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. Markham moved that Jennifer Tigges
be reappointed to a three year term which will expire 6/30/06. Seconded by Buol. Motion carried 6-
0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Voluntary Annexation/Rezoning Request – Callahan Construction: Proof of publication on notice of
hearing 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, and
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City Manager recommending approval of the annexation and establishing the connection charge to
the City’s interceptor sanitary sewer system at $500 per acre; Proof of publication on notice of
hearing to consider rezoning property on the east side of Seippel Road from County R-2 Single-
Family Residential District to City R-2 Two-Family Residential District and CS Commercial Service
and Wholesale District, in conjunction with annexation, as requested by Joel Callahan and Zoning
Advisory Commission recommending approval; Communication from the Zoning Advisory
Commission advising that they have approved the preliminary plat of Westbrook Subdivision located
in Dubuque County as requested by Joel Callahan, upon motion received and filed.
Buol moved adoption of Resolution No. 287-03 Approving application for voluntary annexation of
territory owned by Callahan Construction, Inc. Seconded by Connors. Motion carried 6-0.
Ordinance No. 66-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located along Seippel Road from
Dubuque County R-2 Single-Family Residential District to City of Dubuque R-2 Two-Family
Residential and CS Commercial Service and Wholesale District, concurrent with annexation,
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 6-0.
Kivlahan Farms LLC – Request to Rezone: Proof of publication on notice of hearing to consider
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rezoning property located at the intersection of West 32 Street and John F. Kennedy Road from R-
3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center District
at the request of Kivlahan Farms LLC and Zoning Advisory Commission recommending approval,
upon motion received and filed.
Dave Frommelt, representing the Kivlahans, spoke requesting adoption of the Ordinance.
Ordinance No. 67-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
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Ordinances by reclassifying hereinafter described property located at the intersection of West 32
Street and Honeysuckle Lane from R-3 Moderate Density Multi-Family Residential 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 6-0.
Wilmac Property Company – Request for Conditional Use: Proof of publication on notice of hearing
to consider allowing residential use as a conditional use in an HI Heavy Industrial District at the
request of Tim McNamara/Wilmac Property Company, and City Manager recommending approval,
upon motion received and filed. Ordinance No. 68-03 Amending Section 3-4.2(D) of the City of
Dubuque Code of Ordinances by adding residential use as a conditional use in the HI Heavy
Industrial Zoning Districts, 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 6-0.
Text Amendment – City of Dubuque: Proof of publication on notice of hearing to consider
amending the Code of Ordinances Section 4-4.2(B) Application and Site Plan Review and Approval
at the request of the City of Dubuque and Zoning Advisory Commission recommending approval,
upon motion received and filed. Ordinance No. 69-03 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances Section 4-4.2(B) Application and Scope of
Site Plan Review and Approval by adding a new paragraph requiring installation and completion of
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site plan requirements prior to the issuance of occupancy permits, 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 Markham. Motion carried
6-0.
General Obligation Bond Sale to Support Stormwater Projects: Proof of publication on notice of
hearing to consider the proposition of selling not to exceed $2,110,000 in General Obligation Bonds
(for an essential corporate purpose) to support stormwater projects and City Manager recommending
approval, upon motion received and filed. Markham moved adoption of Resolution No. 288-03
Instituting proceedings to take additional action for the issuance of not to exceed $2,110,000
General Obligation Bonds and Resolution No. 289-03 Directing the advertisement for sale of
$2,110,000 General Obligation Bonds, Series 2003. Seconded by Connors. Motion carried 6-0.
Eagle Valley Subdivision Sanitary Sewer Extension 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 the contract to Fondell Excavating for the Eagle Valley Subdivision Sanitary
Sewer Installation Project, upon motion received and filed. Markham moved adoption of Resolution
No. 290-03 Adopting plans and specifications for the project and Resolution No. 291-03 Awarding
contract to Fondell Excavating, Inc. Seconded by Michalski. Motion carried 6-0.
Port of Dubuque Building Demolition and Site Clearance 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 adoption of the plans and specifications and that award of the contract to W.C.
Stewart Construction for the Port of Dubuque Building Demolition and Site Clearance Project be
deferred to September 2, 2003, upon motion received and filed. Buol moved adoption of Resolution
No. 292-03 Adopting plans and specifications for the project. Seconded by Connors. Motion carried
6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
T Corp Request: Communication from Ed Tschiggfrie, T Corp, requesting to address the Council
regarding the development of 93 acres of property on Rockdale Road, upon motion received and
filed.
Mr. Tschiggfrie explained that he had planned to develop the ninety-three acres of property on
Rockdale Road with two access roads; however, one access was removed by a previous action of
the City Council. At this time, he was requesting approval to continue with development of the
property with one access only.
After Council discussion, Nicholson moved to receive and file the communication and approve the
one access to the development. Seconded by Markham. Motion carried 6-0. Staff was directed to
look at the possibility of obtaining an emergency access to the area if necessary.
Eagle Valley Subdivision – Final Plat: City Manager recommending approval of the final plat of
Eagle Valley Subdivision located along Roosevelt Road, upon motion received and filed. Buol
moved adoption of Resolution No. 293-03 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,
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inclusive, of Block 6, Lots 1-10, inclusive, of Block 7, and Lots A-I, inclusive, all of Eagle Valley
Subdivision. Seconded by Connors. Motion carried 6-0.
No Parking Area – Thirtieth Street: City Manager recommending approval of the elimination of the
“no parking” area on the north side of Thirtieth Street from Central Avenue to a point 334 feet east of
Jackson Street, upon motion received and filed. Ordinance No. 70-03 Amending Section 32-262(d)
of the Code of Ordinances of the City of Dubuque, Iowa providing for parking by deleting certain
portions of Thirtieth Street, 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 6-0.
Bee Branch Citizen Advisory Committee: City Manager recommending approval of the proposed
roster of the Bee Branch Citizen Advisory Committee (BBCAC) for the Bee Branch Creek Restoration
Alignment Study, upon motion received and filed and approved recommendation.
Shepherd Company – Community Economic Betterment Account: City Manager recommending
approval of the submission of a Community Economic Betterment Account (CEBA) program
application for a $117,000 partially forgivable loan to the Iowa Department of Economic Development
on behalf of Shepherd Incorporated, upon motion received and filed.
Dirk Voetberg of the Shepherd Company stated he would answer any questions.
Markham moved adoption of Resolution No. 294-03 Authorizing the filing of a Community Economic
Betterment Account (CEBA) application on behalf of Shepherd, Incorporated. Seconded by
Michalski. Motion carried 6-0.
Port of Dubuque Street Improvements: City Manager recommending approval of street
improvements in the Port of Dubuque area, upon motion received and filed and approved
recommendation. Michalski stressed that there would need to be clear signage in the area.
Nicholson stated he felt the walking path should be over the railroad tracks and that the viaduct be
open to vehicular traffic.
COUNCIL MEMBERS REPORTS
Michalski requested a communication to St. Joseph the Worker Church showing support with their
recent arson fire damages. Nicholson shared that he and Mrs. Connors were on the Barge Tour and
others on the tour were impressed with the development on the riverfront. Cline shared the
disappointment that no one welcomed the passengers on the Delta Queen to Dubuque.
PUBLIC INPUT
At 8:14 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition –
Chapter 21.5(1)(j) 2001 Code of Iowa.
At 8:32 P.M. Council reconvened regular session stating Staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:34 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/27
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