9 15 03 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, September 15, 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 Millligen, 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 Alan Garfield, President, Temple Beth-El.
Proclamations: Crop Walk Day in Dubuque (October 5, 2003) received by Wendell Ryder; and
Trick or Treat Night (October 31, 2003).
Marcia Sola introduced Stanley Sampson from the Marshall Islands and Gabriela Vega who are
representative members of the Immigrants Rights Network (Dubuque Chapter) and who spoke of
their homeland and their interest in Dubuque. Police Officer Pablo Ramirez spoke also.
Minutes and Reports Submitted: Airport Commission of 8/25; City Council of 9/2, 9/3 and 9/4;
Five Flags of 7/21; Housing Commission of 7/22; Human Rights Commission of 8/18; Park and
Recreation Commission of 8/12, upon motion received and filed.
Proofs of publication of Council Proceedings of 8/18, 8/19 and 8/21; and List of Claims and
Summary of Revenues for month ending July 31, 2003, upon motion received and filed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending August
31, 2003, upon motion received and filed.
Notice of Claims/Suits: Eric Adler for personal injury; Steven Bruse for vehicle damage; Mary
Criss for personal injury; Paula Martens for property damage; Charles L. Miller for personal injury;
University of Dubuque for property damage, 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: Eric Adler for personal
injury, University of Dubuque for property damage, upon motion received and filed and concurred.
Corporation Counsel recommending that the claim of Brent Garbett for vehicle damage be
referred to Selco, Inc. and that the claim of Steven Bruse for vehicle damage be referred to Drew
Cook & Sons Excavating, Inc., upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Valerie McNally for vehicle
damage and that the Finance Director issue payment, upon motion received and filed and
concurred and Finance Director to issue proper payment.
Citizen Communications: Communications from residents and property owners on Lower Main
Street in opposition to portions of Main Street and First Street and the First and Second Street
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Connector being closed for The Little Dublin’s Irish Fest, upon motion received and filed and
referred to the City Manager.
Employee Assistance Program Services: City Manager recommending approval of an
agreement with Mercy Medical Center to provide employee assistance services to City of
Dubuque employees and their family members effective July 1, 2003 through June 30, 2005, upon
motion received and filed and approved recommendation.
Northwest Arterial Water Main Extension Project – Acceptance: City Manager recommending
acceptance of the Northwest Arterial Water Main Extension Project in the final contract amount of
$891,605.57 as completed by Tschiggfrie Excavating, upon motion received and filed. Buol
moved adoption of Resolution No. 313-03 Accepting improvement and Resolution No. 314-03
Approving final contract amount of $891,605.57. Seconded by Nicholson. Motion carried 7-0.
Old U.S. Highway 20 Water Main Phase II Extension Project – Acceptance: City Manager
recommending acceptance of the Old U.S. Highway 20 Water Main Phase II Extension Project in
the final contract amount of $94,121.38 as completed by Drew Cook & Sons Excavating, upon
motion received and filed. Buol moved adoption of Resolution No. 315-03 Accepting
improvement and Resolution No. 316-03 Approving final contract amount of $94,121.38.
Seconded by Nicholson. Motion carried 7-0.
Harvest Development Group, L.L.C.: Martin J. McNamer, Harvest Development Group, L.L.C.,
requesting approval of a temporary access directly from the Northwest Arterial for the construction
of his assisted living project at Matthew John Drive and Harvest View Drive, upon motion received
and filed and referred to the City Manager.
Miller Place – Final Plat: Zoning Advisory Commission recommending approval of the final plats
of Lots 1 – 4, inclusive, of Miller Place as requested by Larry and Kathy Miller, upon motion
received and filed. Buol moved adoption of Resolution No. 317-03 Approving the final plats of
Lots 1 – 4, inclusive, of Miller Place in the City of Dubuque, Iowa. Seconded by Nicholson.
Motion carried 7-0.
University of Dubuque – Adopted Conceptual Plan: Zoning Advisory Commission advising that
they have reviewed a request from the University of Dubuque to change the adopted conceptual
plan for the South Campus – Student Apartments and have found that the proposal is not a
significant change from the adopted conceptual plan, upon motion received and filed.
Historic Sites Preservation Grant: City Manager recommending approval of an application to
the State Historical Society of Iowa for a $100,000 Historic Sites Preservation Grant for the Shot
Tower Rehabilitation project, upon motion received and filed. Buol moved adoption of Resolution
No. 318-03 Authorizing an application to the Historic Sites Preservation Grant Program for the
Shot Tower Rehabilitation. Seconded by Nicholson. Motion carried 7-0.
Eagle Window and Door – Certificate of Compliance: City Manager advising that Eagle Window
and Door, Inc. has complied with the Job Attainment Goal of the Public Infrastructure Assistance
Program (PIAP) and recommending that they be released from any further obligations under the
Loan Agreement with the City of Dubuque, upon motion received and filed. Buol moved adoption
of Resolution No. 319-03 Certifying Eagle Window and Door, Inc. compliance with a Public
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Infrastructure Assistance Program Loan Agreement between Eagle Window and Door, Inc. and
the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Giese Manufacturing – Certificate of Completion: City Manager recommending approval of a
Certificate of Completion for the Giese Manufacturing project in the Dubuque Industrial Center
West acknowledging completion of their obligations stipulated in the Development Agreement,
upon motion received and filed and approved recommendation.
Consolidated Annual Performance and Evaluation Report (CAPER): City Manager
recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER)
for the period of July 1, 2002 through June 30, 2003, upon motion received and filed. Buol
moved adoption of Resolution No. 320-03 Authorizing the submission of a Consolidated Annual
Performance and Evaluation Project (CAPER) for the period commencing July 1, 2002 and
concluding June 30, 2003. Seconded by Nicholson. Motion carried 7-0.
Cedar Ridge Farm Place No. 4: City Manager recommending acceptance of the public
improvements completed by the developer, Nemmers Cedar Ridge Farm Limited Partnership, in
Cedar Ridge Farm Place No. 4, upon motion received and filed. Buol moved adoption of
Resolution No. 321-03 Accepting improvements in Cedar Ridge Farm Place No. 4. Seconded by
Nicholson. Motion carried 7-0.
Street Finance Report: City Manager recommending approval of the City of Dubuque’s Fiscal
Year 2003 Street Finance Report for submittal to the Iowa Department of Transportation, upon
motion received and filed. Buol moved adoption of Resolution No. 322-03 Approving the City of
Dubuque Fiscal Year 2003 Street Finance Report. Seconded by Nicholson. Motion carried 7-0.
Police Department Accreditation: City Manager recommending approval for the Police
Department to continue voluntary participation with the Commission on Accreditation for Law
Enforcement Agencies in pursuit of reaccreditation in 2004, upon motion received and filed and
approved recommendation.
Medical Associates – Acceptance of Quit Claim Deed: City Manager recommending acceptance
of a quit claim deed for Lot 11 of Medical Associates Subdivision #2 from Medical Associates,
upon motion received and filed. Buol moved adoption of Resolution No. 323-03 Accepting a
conveyance of Lot 11 of Medical Associates Subdivision No. 2 in the City of Dubuque, Dubuque,
Iowa. Seconded by Nicholson. Motion carried 7-0.
Senator John C. Culver Floodwall Recognition Plaque: City Manager recommending approval of
the wording for the Senator John C. Culver Plaque which is to be located near the floodwall on the
River’s Edge Plaza, upon motion received and filed and approved recommendation.
Grand River Center Dedication Plaque: City Manager recommending approval of the wording for
the dedication plaque for the Grand River Center, upon motion received and filed and approved
recommendation.
Legislative Correspondence: City Manager recommending approval of the submission of letters
to our Congressional delegation requesting their support for modifications in the Medicare
Prescription Drug and Modernization Act, upon motion received and filed and approved
recommendation.
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Business Licenses: Buol moved adoption of Resolution No. 324-03 Granting the issuance of a
Class “B” Beer (5-Day Special Event) Permit to Dubuque Jaycees (Cable Car Square and Flora
Park Ball Diamond); and a Class “C” Beer Permit to Puff N Snuff, Ron’s Smokes/Beverage,
Phillips 66/Arby’s, 5-Point Mart, and Wal-Mart Supercenter #2004 and Resolution No. 325-03
Granting the issuance of a Class “C” Beer/Liquor License to Angie’s Bar, One Flight Up, Fat
Tuesday’s, Happy’s Place, and National Mississippi River Museum; Class “C” Liquor License (5-
Day Special Event) to Clarke College; Special Class “C” Liquor License to Sugar Ray’s Barbeque;
and Class “B” Wine Permit to Oky Doky #2 and Wal-Mart Supercenter #2004. Seconded by
Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition – South Way at Asbury Road: City Manager recommending that a public
hearing be set for October 6, 2003 to consider a request from Clarence P. Pfohl to vacate a
portion of South Way at Asbury Road, upon motion received and filed. Buol moved adoption of
Resolution No. 326-03 Approving plat of proposed vacated portion of South Way at Asbury
Road. Seconded by Michalski. Motion carried 7-0. Ordinance No. 72--03 Vacating a portion of
South Way at Asbury Road, 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. Buol moved adoption of
Resolution No. 327-03 Of intent to dispose of City interest in Lot 1A of part of South Way in Block
10 in Westchester Subdivision in the City of Dubuque, Iowa and further set this for Public Hearing
on 10/6/03 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 Michalski. Motion carried 7-0.
Subordination Agreement – Premier Bank: City Manager recommending that a public hearing be
set for October 6, 2003 to consider approval of a Subordination Agreement with Premier Bank
related to the City’s mortgage interest in property located at 101 – 123 Main Street, upon motion
received and filed. Buol moved adoption of Resolution No. 328-03 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 10/6/03 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 Michalski. Motion
carried 7-0.
Chemical Compound Wall and Roof Replacement Project: City Manager recommending
initiation of the bidding process for the Chemical Compound Wall and Roof Replacement Project
at the Eagle Point Water Plant and that a public hearing be set for October 20, 2003, upon motion
received and filed. Buol moved adoption of Resolution No. 329-03 Preliminary approval of plans
and specifications; Resolution No. 330-03 Fixing date of hearing on plans and specifications for
10/20/03 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. 331-03 Ordering bids. Seconded by Michalski.
Motion carried 7-0.
Eagle Point Water Plant ADA Renovation: City Manager recommending initiation of the bidding
process for the ADA Renovation Project at the Eagle Point Water Plant and that a public hearing
be set for October 20, 2003, upon motion received and filed. Buol moved adoption of Resolution
No. 332-03 Preliminary approval of plans and specifications; Resolution No. 333-03 Fixing date
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of hearing on plans and specifications for 10/20/03 at a meeting to commence 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. 334-03 Ordering bids. Seconded by Michalski. Motion carried 7-0.
Chestnut Street Reconstruction Project – Initiate: City Manager recommending initiation of the
bidding process for the Chestnut Street Reconstruction Project and that a public hearing be set for
October 6, 2003. upon motion received and filed. Buol moved adoption of Resolution No. 335-03
Preliminary approval of plans and specifications; Resolution No. 336-03 Fixing date of hearing
on plans and specifications; Resolution No. 337-03 of Necessity; Resolution No. 338-03 Fixing
date of hearing on Resolution of Necessity for 10/06/03 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, Resolution No. 339-03 Approving Preliminary Schedule of Assessments and Resolution No.
340-03 Ordering bids. Seconded by Michalski. Motion carried 7-0.
Four Mounds Estate Historic District: Historic Preservation Commission and the Long Range
Planning Advisory Commission requesting that the City Council forward documentation to the
State Historic Preservation Office and set a public hearing for November 17, 2003 to establish
Four Mounds Estate Historic District as a City landmark, upon motion received and filed and set
Public Hearing for 11/17/03 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.
BOARDS/COMMISSIONS
Appointment to the following Committee: Housing Advisory Trust Fund Committee (One 3-year
term through 9/8/06 – Term of Hingtgen) Applicant:Doris M. Hingtgen. Upon motion Doris M.
Hingtgen reappointed to the Housing Advisory Trust Fund Committee for a three year term which
will expire 9/8/06.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Dubuque Bank and Trust Company – Request to Rezone: Proof of publication on notice of
hearing to consider rezoning property located at the southwest corner of the Northwest Arterial
and Asbury Road from PC Planned Commercial District to C-3 General Commercial District at the
request of Dubuque Bank and Trust Company and Zoning Advisory Commission recommending
approval, upon motion received and filed.
Mr. Nelson Klavitter, Vice President of Operations of Dubuque Bank and Trust, spoke requesting
the rezoning for their branch bank at this location.
Ordinance No. 73-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at the southwest corner of
the Northwest Arterial and Asbury Road from PC Planned Commercial District to C-3 General
Commercial District, 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 Connors. Motion carried 7-0.
University Avenue Reconstruction and Patching Project: Proof of publication on notice of hearing
on the plans and specifications and the Resolution of Necessity for the University Avenue
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Reconstruction and Patching Project and City Manager recommending approval, upon motion
received and filed.
Jerry Maro, 10358 Timothy, as the owner of rental property on University, objected to the
proposed 120 days of construction which would negatively impact his tenants. Council Member
Cline requested that the University Ave. reconstruction and Chestnut St. reconstruction not be
done at the same time as it would seriously impair parking and traffic in that area.
Cline moved adoption of Resolution No. 341-03 Adopting plans and specifications and
Resolution No. 342-03 With respect to the adoption of the Resolution of Necessity proposed for
the University Avenue Reconstruction Project form Delhi to Alta Vista and the University Avenue
Patching Project from Alta Vista to Spruce Street. Seconded by Nicholson. Motion carried 7-0.
In-Line Skate Rink Project: Proof of publication on notice of hearing on the plans and
specifications and notice to bidders for the In-Line Skate Rink Project and City Manager
recommending award of the contract to Fondell Excavating, upon motion received and filed.
Markham moved adoption of Resolution No. 343-03 Adopting plans and specifications and
Resolution No. 344-03 Awarding contract. Seconded by Cline. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Bond Sale to Support Stormwater Projects: City Manager advising that the sale of $2,110,000
General Obligation Bonds to support stormwater projects was scheduled for 11:00 a.m., Monday,
September 15, 2003, upon motion received and filed.
Mr. David Dirks, of the City’s financial advisory firm, spoke positively of the City’s improved
financial rating. Cline moved adoption of Resolution No. 345-03 Directing sale of the bonds.
Seconded by Markham. Motion carried 7-0.
Historic Preservation Commission: Historic Preservation Commission recommending approval of
an amendment to the Historic Preservation Ordinance to increase the membership of the
Commission to nine members by adding two additional at-large members, upon motion received
and filed.
Council Member Michalski voiced concern as to obtaining a quorum at their meetings.
Christopher Wand, Chair of the Historic Preservation Commission, spoke clarifying that these
additional At Large positions would help with a quorum.
Ordinance No. 74-03 Amending the City of Dubuque Code of Ordinances Chapter 25 Historic
Preservation, Section 25-3 Historic Preservation Commission Established; Membership; Term of
Office; Vacancies in Office, 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.
Callahan Subdivision: City Manager recommending approval of a request from Joel Callahan,
President of Callahan Construction, Inc., for City assistance to facilitate development of his
proposed mixed-use subdivision that would include affordable owner-occupied housing, upon
motion received and filed and approved recommendation.
The following item was removed from the Agenda at the request of Mr. Callahan: Westbrook
Subdivision – Final Plat: City Manager recommending approval of the final plat of Phase I of
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Westbrook Subdivision, which was recently approved for annexation in the City of Dubuque, as
requested by Joel Callahan and a Resolution approving the final plat of Lots 1 thru 48, inclusive,
of Block 1, Lots 1 thru 10, inclusive, of Block 3 and Lots A, B, C, D, E, F, G, H, I, J, and K of
Westbrook Subdivision.
Request for Qualifications – Grand River Center Artwork: City Manager recommending approval
of the issuance of a Request for Qualifications for artwork for the Grand River Center, upon
motion received and filed.
Franchise Fee Ordinance Amendment: City Manager recommending approval of amendments to
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the Franchise Fee Ordinances to provide for changing the reporting date to the 15 of each month
commencing on November 15, 2003 and to further address tax-exempt properties, upon motion
received and filed. Ordinance No. 75-03 Amending Ordinance No. 58-03 Establishing a franchise
fee of two percent (2%) of the gross revenue of Interstate Power Company, its successors and
assigns, generated from the sale of electricity within the City of Dubuque and Ordinance No. 76-
03 Amending Ordinance No. 59-03 Establishing a franchise fee of two percent (2%) of the gross
revenue of Peoples Natural Gas, its successors and assigns, generated from the sale of natural
gas or mixed gas within the City of Dubuque, presented and read. 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. Seconded by Markham. Motion
carried 7-0.
Eagle Valley Subdivision – Final Plat: City Manager recommending approval of the final plat of
Lots 1 – 4 and Lots A-B of Block 5, inclusive, of Eagle Valley Subdivision, upon motion received
and filed. Markham moved adoption of Resolution No. 346-03 Approving the final plat of Lots 1-4,
inclusive, and Lots A-B, inclusive, of Block 5 of Eagle Valley Subdivision, in the City of Dubuque,
Iowa. Seconded by Connors. Motion carried 7-0.
Acquisition and Demolition of 1650 Old Mill Road: City Manager recommending submittal of an
amended request to the Iowa Emergency Management Division to acquire a non-residential flood
prone property at 1650 Old Mill Road and to authorize the City Manager to negotiate a lease
agreement for vacant property located at 1695 Old Mill Road, 1699 Old Mill Road, 1620 Old Mill
Road and 1650 Old Mill Road, upon motion received and filed and approved recommendation.
Pier Wall Signage and Refuse Collection from Visiting Boats: City Manager recommending
approval of additional signage at the transient boat docks along the sheet pile wall at the
Mississippi Riverwalk and further recommending that visiting passenger boats be required to have
a truck haul their refuse away immediately instead of leaving a large refuse container at the
American Trust River’s Edge Plaza, upon motion received and filed and approved
recommendation.
At 7:43 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition –
Chapter 21.5(1)(j) 2003 Code of Iowa.
At 8:41 Council reconvened Regular Session stating that proper direction had been given.
There being no further business, upon motion meeting adjourned at 8:42 P.M.
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/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/24
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