11 17 03 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 17, 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 Andrew Eagan, Pastor of St. Thomas of Canterbury
Anglican Church.
Proclamation: Hunger and Homelessness Awareness Week received by Reverend Andrew
Eagan.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 10/30, 11/3 and 11/10; Electrical Code Board
of 11/3; Historic Preservation Commission of 10/23; Housing Code Appeals Board of 10/21;
Park and Recreation Commission of 10/14; Zoning Advisory Commission of 10/1; Zoning Board
of Adjustment of 10/29, upon motion received and filed.
Proofs of publication of City Council Proceedings for October 20, 2003 and List of Claims and
Summary of Revenues for month ending September 30, 2003, upon motion received and filed.
Finance Director submitting the City of Dubuque Financial Reports for month ending October
31, 2003, upon motion received and filed.
Notice of Claims/Suits: Coghlan, Kukankos, Cook LLC for personal injury of Trevor Hingtgen;
Farner Bocken Company for vehicle damage; Yvonne Collins for personal injury; Gregory
Jelinek, Jr. for personal injury; Delbert C. Keuter for vehicle damage; Scott Spensley for
property damage; Lori Weig 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: Coghlan,
Kukankos, Cook LLC for personal injury of Trevor Hingtgen; Yvonne Collins for personal injury;
Farner Bocken Company for vehicle damage; Gregory Jelinek, Jr. for personal injury and
Corporation Counsel recommending settlement of the claim of Lori Weig for property damage
and directing that the Finance Department issue payment, upon motion received and filed and
approved recommendations and Finance Department to issue proper payment.
Eagle Point Bluffs: Communication from Brenda Palmer regarding the Eagle Point Bluffs and
the condominium project, upon motion received and filed.
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Request to Purchase City Property: Communication from Roger and Ann Pickel requesting to
purchase a portion of Lot 1 of Clark’s Subdivision No. 2 for the cost of surveying and platting
fees, plus $1.00, upon motion received and filed and referred to the City Manager.
Tri-State Community Health Center: Communication of City Manager Michael C. Van Milligen
to the Bureau of Primary Health Care in support of the Tri-State Community Health Center’s
application for a federally qualified community health center, upon motion received and filed
and approved communication.
Adams Company vs. City of Dubuque: Corporation Counsel advising that the Adams
Company has dismissed its lawsuit against the City, upon motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that on October 16, 2003, the Iowa Department of Economic
Development approved the Community Economic Betterment Account Application (CEBA) for
Shepherd Incorporated, upon motion received and filed.
Proposed Baseball Stadium: Two communications from citizens urging a “no” vote on the
referendum and one communication regarding the location of the stadium with a response from
the City Manager regarding the proposed location, upon motion received and filed.
Kopp’s John F. Kennedy Addition No. 2 – Final Plat: Zoning Advisory Commission
recommending approval of the final plat of John F. Kennedy Addition No. 2 as requested by
Lyle Kopp, upon motion received and filed. Buol moved adoption of Resolution No. 450-03
Approving the final plat of John F. Kennedy Addition No. 2. Seconded by Markham. Motion
carried 7-0.
Iowa Department of Economic Development – Grant Contract for Downtown Planning: City
Manager recommending approval of an extension to the Iowa Department of Economic
Development grant contract for downtown planning, presented and read. Michalski moved that
the communication be received and filed and approved recommendation for extension to June
30, 2004. Seconded by Buol. Motion carried 7-0. Staff was directed to schedule a work
session regarding the Downtown Plan.
Burlington Northern Railroad Depot Restoration Project – Acceptance: City Manager
recommending acceptance of the Burlington Northern Railroad Depot Project – Contract #2 –
Roof, Gutters and Downspouts, as completed by A & G Electric Company in the final contract
amount of $78,430.86, upon motion received and filed. Buol moved adoption of Resolution
No. 451-03 Accepting improvement and Resolution No. 452-03 Approving final estimate.
Seconded by Markham. Motion carried 7-0.
Woodward Museum – 2002 Renovations Project – Contract #2 – Acceptance: City Manager
recommending acceptance of Woodward Museum – 2002 Renovations Project Contract #2 as
completed by T & K Roofing and Sheet Metal Company in the final contract amount of $93,490,
upon motion received and filed. Buol moved adoption of Resolution No. 453-03 Accepting
improvement and Resolution No. 454-03 Approving final estimate. Seconded by Markham.
Motion carried 7-0.
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Abstract of Votes: Submittal of the Abstract of Votes for the November 3, 2003 City Council
election, upon motion received and filed.
Legislative Correspondence: Communication of City Manager to Senators Charles Grassley
and Tom Harkin urging them to oppose efforts to pass damaging legislation as a part of an
appropriations bill, to oppose attempts to limit debate, and to support the amendment offered by
Senators Carper and Alexander to extend the present moratorium to 2005, upon motion
received and filed and approved letters.
Letter of Support – Cabela’s Walleye Tournament: City Manager recommending approval of
a letter supporting the efforts of the Dubuque Area Chamber of Commerce and the Grand
Harbor Resort and Waterpark to attract the 2005 Cabela’s National Walleye Tournament to
Dubuque, upon motion received and filed and approved recommendation.
Letter of Appreciation: Communication from Mary Ann Kress, Alverno Apartments, expressing
appreciation to the Council for their good work in guiding the City, especially regarding
WalMart, upon motion received and filed.
Iowa’s Mississippi River Trail Plan: City Manager recommending approval of the submittal of
comments to the Iowa Department of Transportation regarding the Iowa Mississippi River Trail
Plan, upon motion received and filed and approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 455-03 Granting the issuance of
one permit to sell cigarettes and cigarette papers within the City to Jumpers Sports Bar;
Resolution No. 456-03 Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food
Mart and Resolution No. 457-03 Granting the issuance of a Class “C” Beer/Liquor License to
Aragon Tap, Jumpers Sports Bar and Grill, and Point Restaurant; Special Class “C” Liquor
License to Mandarin Garden Buffet; and Class “B” Wine to P.S. I Love You. Seconded by
Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
St. Celia Street – Request to Vacate: City Manager recommending that a public hearing be
set for December 1, 2003 to consider a request from Damian F. Arensdorf for the vacating of a
portion of the alley north of Hillcrest Road and west of St. Celia Street behind his residence at
2117 St. Celia Street, upon motion received and filed. Markham moved adoption of Resolution
No. 458-03 Approving plat of proposed vacated part of the existing alley in Block 1 of Sunset
Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline.
Motion carried 7-0.
Ordinance No. 84-03 Vacating a part of the existing alley in Block 1 of Sunset Park
Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, 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
Cline. Motion carried 7-0.
Markham moved adoption of Resolution No. 459-03 Of intent to dispose of City interest in Lot
1A of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa
and set this for Public Hearing on 12/1/03 at a meeting to commence at 6:30 P.M. in the public
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library auditorium and that the City Clerk publish notice in the manner prescribed by law.
Seconded by Cline. Motion carried 7-0.
Seippel Road Water Main Extension Project: City Manager recommending initiation of the
bidding process for the Seippel Road Water Main Extension Project and setting a public
hearing for December 15, 2003, upon motion received and filed. Markham moved adoption of
Resolution No. 460-03 Preliminary approval of plans and specifications; Resolution No. 461-
03 Fixing date of hearing on plans and specifications for 12/15/03 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. 462-03 Ordering bids. Seconded by Cline. Motion
carried 7-0.
Eagle Valley Subdivision Water Main and Service Line Extension Project: City Manager
recommending initiation of the bidding process for the Eagle Valley Subdivision Water Main
and Service Line Extension Project and setting a public hearing for December 15, 2003, upon
motion received and filed. Markham moved adoption of Resolution No. 463-03 Preliminary
approval of plans and specifications; Resolution No. 464-03 Fixing date of hearing on plans
and specifications for 12/15/03 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. 465-03 Ordering bids. 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:
Environmental Stewardship Advisory Commission (One 3-Year Term to Expire 10/1/05):
Applicant: Wayne Klostermann. No one spoke.
Housing Commission (One 3-Year Term to Expire 8/17/04): Applicant: Dorothy Schwendinger,
OSF. No one spoke.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council.
Joseph and Ruth Siegert/Dubuque Community School District: Proof of publication on notice
of hearing to consider rezoning property located on Radford Road near Saratoga Road from
AG Agricultural District to R-1 Single-Family Residential District at the request of Joseph and
Ruth Siegert/Dubuque Community School District and Zoning Advisory Commission
recommending approval, upon motion received and filed.
Attorney Doug Henry, on behalf of the Dubuque Community School District, spoke in support
of the rezoning.
Ordinance No. 85-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located west of Radford
Road and south of Saratoga Road from AG Agricultural District to R-1 Single-Family
Residential 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 Cline. Motion carried 7-0.
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Request to Rezone Property – 468 Lincoln Avenue: Proof of publication on notice of hearing
to consider rezoning property located at 468 Lincoln Avenue from R-2A Alternate Two-Family
Residential District to CS Commercial Service and Wholesale District at the request of Jay
Winger/Winger Construction, LLC and Zoning Advisory Commission recommending approval,
with conditions. City Manager submitting photographs of the Winger Construction site
previously located in the Port of Dubuque, an Ordinance amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at 468 Lincoln Avenue from R-2A Alternate Two-Family Residential District to
CS Commercial Service and Wholesale District, and City Manager requesting that rezoning of
this property be tabled until after completion of the alignment and design study for the Bee
Branch Creek Restoration Project is completed and that a moratorium on rezoning and building
permits for expansion in this area be considered, presented and read. Michalski moved that this
be received and filed and tabled until 12/1/03 at a meeting to commence at 6:30 P.M. in the
public library auditorium. Seconded by Nicholson. Carried by the following vote: Yeas—
Buol, Cline, Connors, Michalski, Nicholson. Nays—Duggan, Markham.
Mr. Winger spoke objecting to any delay in the proposed rezoning.
Equity Builders/Peter Eck – Amend Planned Unit Development District: Proof of publication
on notice of hearing to consider amending the Planned Unit Development District at the
northwest corner of Tanzanite Drive and Sapphire Circle with a Planned Residential
Designation to facilitate development of forty new housing units at the request of Equity
Builders/Peter Eck and Zoning Advisory Commission recommending approval, upon motion
received and filed. Peter Eck spoke in favor of the rezoning.
Ordinance No. 86-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinances No. 10-99 and 96-02, which
adopted regulations for the Emerald Acres No. 2 PUD Planned Unit Development District and
approving an amended ordinance for the Emerald Acres No. 2 Planned Unit Development
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 Nicholson. Motion carried 7-0.
Request to Rezone Property – 13503 Seippel Road: Proof of publication on notice of hearing
to consider rezoning property located at 13503 Seippel Road from County R-2 Single-Family
Residential District to City LI Light Industrial District, in conjunction with annexation, at the
request of Kenneth and Maurine Harris and Zoning Advisory Commission recommending
approval, upon motion received and filed. Ordinance No. 87-03 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located at 13503 Seippel Road from Dubuque County R-2 Single-Family
Residential District to City of Dubuque LI Light Industrial 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 Markham. Motion carried 7-0.
Request to Rezone Property – 521 Garfield: Proof of publication on notice of hearing to
consider rezoning property located at 521 Garfield Avenue from R-2A Alternate Two-Family
Residential District to OR Office Residential District at the request of Scott Potter and Zoning
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Advisory Commission recommending approval, upon motion received and filed. Ordinance No.
88-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 521 Garfield Avenue from
R-2A Alternate Two-Family Residential District to OR Office Residential 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 Nicholson. Motion carried 7-0.
Request to Rezone Property – 1870 Asbury Road:
Council Members Markham and Nicholson excused themselves and left the Chamber due to
possible conflict of interest.
Proof of publication on notice of hearing to consider rezoning property located at 1870 Asbury
Road from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center
District at the request of Dubuque County Right to Life and Zoning Advisory Commission
recommending approval, upon motion received and filed.
Ellen Markham, Director of Dubuque County Right to Life, spoke in favor of the rezoning.
Ordinance No. 89-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1870 Asbury
Road from 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 Michalski. Motion carried 5-0.
Four Mounds Estate Historic District – Petition for Landmark Status: Proof of publication on
notice of hearing to consider designating the Four Mounds Estate Historic District as a City
(local) Landmark and Historic Preservation Commission recommending approval, upon motion
received and filed.
Chris Olson, of Four Mounds, spoke in support of the designation.
Ordinance No. 90-03 Amending Chapter 25 (Historic Preservation Ordinance) of the City of
Dubuque Code of Ordinances by amending Section 5-6 Identification and Designation of
Landmarks, Landmark Sites and Historic Districts to include the Four Mounds Estate Historic
District as a City Landmark, 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 Cline. Motion carried 7-0.
County Farm Interceptor Sewer Connection Fee: Proof of publication on notice of hearing
and notice to property owners to consider establishing the County Farm interceptor sewer
connection fee at $500 per acre and City Manager recommending approval; and two
communications objecting to the fee, upon motion received and filed.
Mayor Duggan stated he had received a verbal objection to the fee.
Ordinance No. 91-03 Establishing a schedule of sewer connection fees for the connection of
property to the County Farm Sanitary Interceptor Sewer, 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 Cline. Motion
carried 7-0.
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Cooper Development Company, LLC – Tax Increment Financing: Proof of publication on
notice of hearing to consider approval of Cooper Development Company’s application for
Property Tax Rebates for Historic Properties for seven years and City Manager recommending
approval, upon motion received and filed. Markham moved adoption of Resolution No. 466-03
Approving an application for property tax rebates for the renovation of certain historic structures
and approving a Tax Rebate Agreement with Cooper Development Company. Seconded by
Connors. Motion carried 7-0.
Authorization of a Loan Agreement and Issuance of Not to Exceed $15,000,000 General Fund
Capital Loan Notes: Proof of publication on notice of hearing to conduct a discussion meeting
and public hearing on the authorization of a Loan Agreement and the issuance of not to exceed
$15,000,000 General Fund Capital Loan Notes of the City of Dubuque, Iowa, upon motion
received and filed. No one spoke.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
America’s Crown Communities: City Manager advising that the City of Dubuque has been
named one of America’s Crown Communities for 2003 for the America’s River project and
improvements in the Port of Dubuque, upon motion received and filed. Council discussed the
possibility of attending the presentation of the award at the upcoming National League of Cities
meeting.
Dubuque Area Chamber of Commerce – Convention & Visitors Bureau Report: Sue
Czeshinski, Convention and Visitors Bureau, to make verbal quarterly progress report, upon
motion received and filed. Ms. Czeshinski spoke outlining the positive forecast and named
many scheduled conventions.
Police Department Towing Contract: City Manager recommending approval of the Towing
Checklist and Request for Proposals for the Police Department Towing Contract for use in
seeking proposals for the 2003 – 2006 City of Dubuque Towing Contract, presented and read.
Jules Wenzel, spoke questioning some of the specifics of the contract. Cline questioned
some of the specifics of the RFP’s.
Upon motion the communication, checklist and RFP were received and filed and approved.
Affordable Housing Tax Credit Application from Gronen Properties: City Manager
recommending adoption of two resolutions required by the Iowa Finance Authority as part of the
application for Affordable Housing Tax Credits from Gronen Properties for development of
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affordable housing on Main and West 11 Streets and communication from Bob Felderman in
support of the Gronen Properties proposed renovation projects in the 1000 block of Main
Street, upon motion received and filed. Cline moved adoption of Resolution No. 467-03 Of
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support for the development of affordable housing on Main and West 11 Streets and
Resolution No. 468-03 Of local contributing effort for the development of affordable housing on
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Main and West 11 Streets. Seconded by Michalski. Motion carried 7-0.
Downtown Rehabilitation Loan – Gronen Properties: City Manager recommending approval of
a Downtown Rehabilitation Loan, at two percent interest for thirty years, for the rehabilitation of
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six buildings on both sides of Main Street between 10 and 11 Streets as requested by the
developer, upon motion received and filed and approved.
Wynstone Subdivision – Final Plat: City Manager recommending approval of the final plat for
Wynstone Subdivision, which provides for the construction of 65 single-family building lots and
the dedication of three new public streets located off of John F. Kennedy Road near
Eisenhower School, upon motion received and filed. Cline moved adoption of Resolution No.
469-03 Approving the final plat of Lots 1 thru 65, inclusive, and Lots A thru F, inclusive of
Wynstone Subdivision. Seconded by Nicholson. Motion carried 7-0.
Harvest View Estate Fourth Addition – Final Plat: City Manager recommending approval of
the final plat for Harvest View Estate Fourth Addition to allow for development of twelve
additional single-family lots and providing street access for the new senior housing
development that was recently approved, upon motion received and filed. Michalski moved
adoption of Resolution No. 470-03 Approving the final plat of Harvest View Estates Fourth
Addition, in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0.
Freedom Ridge Subdivision – Final Plat: City Manager recommending approval of the final
plat for Freedom Ridge Subdivision, a proposed residential development located off of Oakland
Farms Road in Dubuque County, upon motion received and filed. Markham moved adoption of
Resolution No. 471-03 Approving the final plat of Freedom Ridge Estates in Dubuque County,
Iowa. Seconded by Connors. Motion carried 7-0.
Ridgeway Park – Preliminary Plat: Zoning Advisory Commission recommending approval of
the preliminary plat of Ridgeway Park located in the 17000 block of John Deere Road in
Dubuque County as requested by Randy Hefel, upon motion received and filed and approved
the preliminary plat.
Request for Proposals – Design Services for Baseball Stadium: City Manager recommending
approval of the issuance of a Request for Proposals for design services for the baseball
stadium, upon motion received and filed and approved recommendation.
Grand River Center – Artwork: City Manager recommending approval of the selection of
artists for placement of artwork in the Grand River Center, upon motion received and filed and
approved recommendation.
Vendor Locations – Port of Dubuque: City Manager recommending approval of the maximum
amount of vendor locations at the Port of Dubuque and Hawthorne Street Peninsula, upon
motion received and filed and approved recommendation.
Fiscal Year 2005 Budget Presentations: City Council to provide direction on staff
presentations for the upcoming Fiscal Year 2005 Budget sessions, presented and read. After
discussion, Council, by consensus, recommended keeping the same format as other years,
which provides an educational format for citizens.
At 8:42 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition
and Pending Litigation - Chapter 21.5(1)(c)(j) 2003 Code of Iowa.
At 9:06 Council reconvened stating staff had been given proper direction.
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There being no further business, upon motion meeting adjourned at 9:07 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 11/26
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