12 1 03 City Council MinutesCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 1, 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 Van Milligen, Corporation Counsel 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 David Pacholke, Chaplain of The Finley Hospital.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 11/12 and 11/17; Housing Commission Trust
Fund Committee of 10/30; Human Rights Commission of 10/13; Mechanical Board of 11/17; Park
and Recreation Commission of 11/12, upon motion received and filed.
Printed Council Proceedings for month of October, 2003, upon motion received and filed and
approved as printed.
Proof of publication of Council Proceedings of 10/30 and 11/3, upon motion received and filed.
Notice of Claims/Suits: Robert Hallahan for property damage, upon motion referred to the Legal
Staff for investigation and report.
Corporation Counsel recommending denial of the claim of Scott Spensley for property damage,
upon motion received and filed and concurred.
Citizen Communications: Communication of Frank Miller, Member of the Bee Branch Citizens
Advisory Committee, to Jeffery A. Wickenkamp, Camp Dresser & McKee, Inc. regarding
stormwater problems in Dubuque, upon motion received and filed.
Communication from John Barbee regarding the baseball stadium referendum, upon motion
received and filed.
Eagle Food Centers, Inc.: Notice of Proposed Agenda in the United States Bankruptcy Court
regarding Eagle Food Centers, Inc., et al.; Notices of Motion regarding Eagle Food Centers, Inc.;
and Order Authorizing Payment Under the Stub Rent Procedures, upon motion received and filed.
Locust Street Connector Project: City Manager recommending acceptance of the Locust Street
Connector Project as completed by Portzen Construction, Inc., in the final contract amount of
$66,582.31, upon motion received and filed. Buol moved adoption of Resolution No. 472-03
Accepting improvement and Resolution No. 473-03 Approving final estimate. Seconded by
Markham. Motion carried 7-0.
Mississippi River Discovery Center Wetland Package II – Interior Walkways Project: City
Manager recommending acceptance of the Mississippi River Discovery Center Wetland Package
II – Interior Walkways Project Contract No. 1 – Wood Piers & Decking, as completed by Conlon
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Construction Co., in the final contract amount of $78,245.27, Contract No. 2 – Wood Framing &
Railing, as completed by Tricon Construction, in the final contract amount of $79,096, and
Contract No. 3 – Plumbing, as completed by Portzen Construction, as a lump sum amount of
$11,100, upon motion received and filed. Buol moved adoption of Resolution No. 474-03
Accepting improvement – Contract No. 1; Resolution No. 475-03 Approving final estimate –
Contract No. 1; Resolution No. 476-03 Accepting improvement – Contract No. 2; Resolution No.
477-03 Approving final estimate – Contract No. 2; Resolution No. 478-03 Accepting improvement
– Contract No. 3; and Resolution No. 479-03 Approving final estimate – Contract No. 3.
Seconded by Markham. Motion carried 7-0.
2002 CDBG Curb Ramp Installation Project #1: City Manager recommending acceptance of the
2002 CDBG Curb Ramp Installation Project as completed by Perry Construction in the final
contract amount of $35,740, upon motion received and filed. Buol moved adoption of Resolution
No. 480-03 Accepting improvement and Resolution No. 481-03 Approving final estimate.
Seconded by Markham. Motion carried 7-0.
2000 Sidewalk Installation Program: City Manager recommending acceptance of the 2000
Sidewalk Installation Program as completed by Perry Construction in the final contract amount of
$22,631.30, upon motion received and filed. Buol moved adoption of Resolution No. 482-03
Accepting improvement and Resolution No. 483-03 Approving final estimate. Seconded by
Markham. Motion carried 7-0.
State Housing Trust Fund Application: City Manager recommending approval of an application
from the Housing Trust Fund Committee to the Iowa Finance Authority for a $100,000 State
Housing Trust Fund grant, upon motion received and filed and approved recommendation.
Support of Application for HOME Program Funds: City Manager recommending approval of a
Resolution of Support for an application from Scott Potter to the Iowa Department of Economic
Development for HOME Program funds for a twelve-room SRO (Single-Room Occupancy) facility,
upon motion received and filed. Buol moved adoption of Resolution No. 484-03 Supporting an
application from Scott Potter to the Iowa Department of Economic Development for HOME
Investment Partnership Program funds. Seconded by Markham. Motion carried 7-0.
Dubuque County Board of Supervisors: Communication from Donna Smith, Chairperson of the
Dubuque County Board of Supervisors, to Mayor Terry Duggan regarding the Rock Island Army
Corps of Engineers completing Section 208 Study of the Couler Valley project by March 2004,
upon motion received and filed.
Acceptance of Public Improvements in Barton Randle Addition: City Manager recommending
acceptance of the public improvements that Grand View United Methodist Church has completed
in Barton Randle Addition, upon motion received and filed. Buol moved adoption of Resolution
No. 485-03 Accepting improvements in Barton Randle Addition. Seconded by Markham. Motion
carried 7-0.
Riverwalk Fifth Addition – Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Riverwalk Fifth Addition as requested by the City of Dubuque, upon motion
received and filed. Buol moved adoption of Resolution No. 486-03 Approving the final plat of
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Riverwalk 5 Addition. Seconded by Markham. Motion carried 7-0.
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Human Rights Commission – Annual Report: City Manager submitting the 2003 Annual Report
of the Human Rights Commission, upon motion received and filed.
Mary Ransdell vs. City of Dubuque: Corporation Counsel recommending approval of a
Settlement Agreement between Mary Ransdell and the City of Dubuque, upon motion received
and filed and approved recommendation.
Residential Parking Permit District: Petition requesting the designation of a residential parking
permit district on Rosemont Street from Pennsylvania Avenue to Creston Street, upon motion
received and filed and referred to the City Manager.
Dubuque Racing Association – CIP Schedule: City Manager recommending approval of the
Dubuque Racing Association’s Fiscal Year 2004 Capital Improvement Projects schedule, upon
motion received and filed and approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 487-03 Granting the issuance of a
Class “C” Beer Permit to Kwik Stop Food Mart (4039 Pennsylvania Avenue) and Resolution No.
488-03 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Grand Harbor Resort
and Water Park; Class “C” Beer/Liquor License to Julien Inn, Jorja’s Restaurant and Lounge,
Pepper Sprout, Inc., and Mario’s Italian Restaurant; and Special Class “C” Liquor License to
Mississippi Mud Bistro. Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Mediacom Franchise Extension: City Manager recommending that a public hearing be set for
December 15, 2003 to consider an additional short-term extension through June 30, 2004 of the
existing Mediacom cable franchise and side agreements under the terms currently in effect, upon
motion received and filed. Cline moved adoption of Resolution No. 489-03 of Intent to grant a
short-term extension of an existing cable services franchise and an existing hub site lease to
MCCIowa L.L.C. and set for public hearing on 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. Seconded by Nicholson. Motion carried 7-0.
Tax Increment Revenue Bonds to Support Vessel Systems, Inc.: City Manager recommending
that a public hearing be set for December 15, 2003 to consider the issuance of not to exceed
$140,000 in urban renewal tax increment revenue bonds to support the Vessel Systems, Inc.
project at the Dubuque Industrial Center West, upon motion received and filed. Cline moved
adoption of Resolution No. 490-03 Fixing date for a meeting on the proposition of the issuance of
not to exceed $140,000 Urban Renewal Tax Increment Revenue Bonds of Dubuque, Iowa and
providing for publication of notice thereof, and set public hearing 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. Seconded by Nicholson. Motion carried 7-0.
Southfork – Phase IV Connection Fees: City Manager recommending that a public hearing be
set for January 5, 2004 to consider establishing the Southfork – Phase IV Sanitary Sewer
Interceptor Connection Fee at $478.86 per acre, upon motion received and filed. Cline moved
adoption of Resolution No. 491-03 Providing for notice of the date, time and place of a public
hearing on an ordinance establishing a connection fee for the Southfork – Phase IV Sanitary
Interceptor Sewer with said public hearing date set for 1/5/04 at a meeting to commence at 6:30
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P.M. in the public library auditorium and that the City Clerk publish notice in the manner
prescribed by law. Seconded by Nicholson. Motion carried 7-0.
Madison Street Sanitary Sewer Project: City Manager recommending initiation of the bidding
process for the Madison Street Sanitary Sewer Project and that a public hearing be set for
January 19, 2004, upon motion received and filed. Cline moved adoption of Resolution No. 492-
03 Preliminary approval of plans and specifications; Resolution No. 493-03 Setting a Date for a
Public Hearing on the Intent to Commence a Public Improvement Project to Extend Sanitary
Sewer on Madison Street which date of public hearing is set for 1/19/03 at a meeting to
commence at 3:00 P.M. in the public library auditorium and that the City Clerk publish notice in the
manner prescribed by law; Resolution No. 493-03A Fixing date of hearing on plans and
specifications for 1/19/04 at a meeting to commence at 3:00 P.M. in the public library auditorium
and that the City Clerk publish notice in the manner prescribed by law; Resolution No. 494-03 Of
Necessity; Resolution No. 495-03 Setting date of hearing on the Resolution of Necessity for
1/19/04 at a meeting to commence at 3:00 P.M. in the public library auditorium and that the City
Clerk publish notice in the manner prescribed by law; Resolution No. 496-03 Approving
preliminary schedule of assessments; and Resolution No. 497-03 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:
Human Rights Commission (Three 3-Year Terms to Expire 1/1/07 – Terms of Drummer, Giesen
and Jackson): Applicants:Sarah A. Davidson, Patricia Foster, Judith Haley Giesen, Evelyn E.
Jackson, Robert Nesler, Marty O’Shea. Sarah Davidson, Judith Giesen, Evelyn Jackson, and
Robert Nesler spoke requesting consideration for appointment.
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Commission (One 3-Year Term to Expire 10/1/05):
Applicant: Wayne Klostermann. Upon motion Wayne Klostermann appointed to the
Environmental Stewardship Advisory Commission for an unexpired term to expire 10/1/05.
:
Housing Commission (One 3-Year Term to Expire 8/17/04): Applicant Dorothy Schwendinger,
OSF. Upon motion Dorothy Schwendinger, OSF, appointed to an unexpired term to expire
8/17/04.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
St. Celia Street – Request to Vacate: Proof of publication on notice of hearing to consider a
request from Damian F. Arensdorf for the vacating and disposal of a portion of the alley north of
Hillcrest Road and west of St. Celia Street behind his residence at 2117 St. Celia Street and City
Manager recommending approval, upon motion received and filed. Cline moved adoption of
Resolution No. 498-03 Disposing of City interest in Lot 1A of Block 1 in Sunset Park Subdivision
No. 3 in the City of Dubuque, Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-
0.
Request to Rezone Property – 468 Lincoln Avenue (Tabled at November 17, 2003 Meeting):
City Manager recommending that the possible building permit moratorium on the Bee Branch
Creek Restoration Alignment Study area be referred to the Bee Branch Citizen Advisory
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Committee; 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, upon
motion removed from the table and received and filed.
Jay Winger, 2175 Washington, spoke in support of the proposed rezoning.
Ordinance 92-03 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,
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 with
the condition that any building permit be brought to the City Council for consideration. Seconded
by Connors. Motion carried 7-0.
Voluntary Annexation: Proof of publication on notice of hearing to consider the voluntary
annexation of approximately 703 acres of property along Seippel Road and Middle Road; City
Manager requesting that due to additional State notification requirements this public hearing be
tabled to January 5 or 19, 2004; Communication from Douglas and Dianne Fritsch, 14238 Middle
Road, regarding the proposed annexation, upon motion received and filed and tabled Public
Hearing to the January 5, 2004 Council Meeting.
Ice Harbor Pump Auxiliary Power 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 for the Ice Harbor Pump Auxiliary Power Project to Portzen Construction,
upon motion received and filed. Cline moved adoption of Resolution No. 499-03 Adopting plans
and specifications for the project and Resolution No. 500-03 Awarding contract to Portzen
Construction. Seconded by Nicholson. Motion carried 7-0.
Heritage Trail Extension Project from the Heron Pond Wetlands to the Dubuque Jaycees Trail:
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 for the Heritage Trail
Extension Project from the Heron Pond Wetlands to the Dubuque Jaycees Trail to Tschiggfrie
Excavating, Inc., upon motion received and filed. Cline moved adoption of Resolution No. 501-03
Adopting plans and specifications for the project and Resolution No. 502-03 Awarding contract to
Tschiggfrie Excavating, Inc. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Dubuque Racing Association: Communication from the Dubuque Racing Association requesting
appointments to the DRA Board of Directors (currently Council Members Roy Buol and John
Markham, Mayor Terry Duggan and City Manager Michael Van Milligen), upon motion received
and filed and reappointed the same members.
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Development Agreement for Eagle Valley Subdivision: City Manager recommending approval of
an agreement with Fondell Excavating, Inc. for development of affordable single-family housing in
the Eagle Valley Subdivision, upon motion received and filed and approved recommendation.
Housing Trust Fund Ordinance Amendment: City Manager recommending approval of an
amendment to the Code of Ordinances to authorize the Housing Trust Fund Committee to direct
use of funds received from the Iowa Finance Authority’s Local Housing Trust Fund and Project-
Based Housing Programs, upon motion received and filed. Ordinance No. 93-03 Amending the
City of Dubuque Code of Ordinances Chapter 26 Housing Regulations, Article III Housing Trust
Fund by adopting a new Section 26-37 granting authority to the Housing Trust Fund Advisory
Committee to make application to the Iowa Finance Authority for funds from the local Housing
Trust Fund Program and the Project-Based Housing Program and to direct how such funds shall
be used, 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.
U.S. 20 Speed Limits: City Manager recommending approval of an ordinance to change the
speed limit on a portion of Dodge Street (U.S. 20) from 50 miles per hour to 55 miles per hour to
conform to the current legal speed limits established by the Iowa Department of Transportation,
upon motion received and filed. Ordinance No. 94-03 Amending the Code of Ordinances of the
City of Dubuque, Iowa by revising Subsection (c) of Section 32-231 thereof providing for the
establishment of speed limits on Dodge Street (U.S. Highway 20), 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.
Installation of Stop Signs: City Manager recommending approval of the installation of stop signs
for east-bound and west-bound traffic on Edina Street at Glen Oak Street, upon motion received
and filed. Ordinance No. 95-03 Amending the Code of Ordinances of the City of Dubuque, Iowa,
by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on
Edina Street at Glen Oak 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 Cline. Motion carried 7-0.
Noon Optimists – Flag Project: City Manager recommending approval of a request from the
Noon Optimist Club of Dubuque to implement an “Avenue of Flags” project and fundraiser, upon
motion received and filed and approved recommendation.
Tax Increment Financing Annual Report: City Manager submitting the annual Tax Increment
Financing (TIF) Report, upon motion received and filed.
Fiscal Year 2005 Policy Guidelines: City Manager recommending approval of the Fiscal Year
2005 Policy Guidelines, upon motion received and filed and approved recommendation with
stated concerns as to the change in distribution of the DRA funds.
There being no further business, upon motion meeting adjourned at 8:25 P.M.
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/s/ Jeanne F. Schneider, CMC
City Clerk
1t 12/10
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