12 15 03 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 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,
Assistant City Manager Steinhauser; 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 DeWayne Teig, Director of Admissions at Wartburg
Theological Seminary.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 10/27; City Council of 12/1; Downtown
Planning Committee of 12/1; Housing Commission of 11/3; Housing Commission Trust Fund
Committee of 12/4; Human Rights Commission of 11/10; Long Range Planning Commission of
11/19; Mechanical Board of 11/25; Park and Recreation Commission of 12/9; Transit Board of
11/13; Zoning Advisory Commission of 12/3; Zoning Board of Adjustment of 11/20, upon motion
received and filed.
Proofs of publication of City Council Proceedings of 11/10, 11/12 and 11/17 and List of Claims
and Summary of Revenues for Month Ending October 31, 2003, upon motion received and filed.
Finance Director submitting the Financial Reports for the month ending November 30, 2003,
upon motion received and filed.
Notice of Claims/Suits: Mary Metz for vehicle damage, upon motion referred to the Legal Staff
for investigation and report.
Corporation Counsel advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mary Metz for vehicle
damage, upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Delbert Keuter for vehicle damage,
upon motion received and filed and concurred.
Human Rights Commission: Communication from Charles Ryan notifying the City Council of his
resignation from the Human Rights Commission, upon motion received and filed.
Greater Dubuque Development Corporation: Communication from Rick Dickinson, Executive
Director of the Greater Dubuque Development Corporation, in opposition to the proposed
Warehouse Demolition District, upon motion received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Truck Driver and Equipment Operator I, upon motion received and filed and made a
matter of record.
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Quality Place – Final Plat: Zoning Advisory Commission recommending approval of the final plat
of Lots 1 through 6 of Quality Place located in the 2700 block of Shiras Avenue as requested by
Ted and Carole Soppe, upon motion received and filed. Buol moved adoption of Resolution No.
503-03 Approving the final plat of Lots 1 through 6 of Quality Place in the City of Dubuque, Iowa.
Seconded by Markham. Motion carried 7-0.
Ricann Farms, Inc. No. 4 – Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Ricann Farms, Inc. No. 4 on Olde Massey Road (next to 7326 Olde Massey Road)
in Dubuque County as requested by Richard LeConte/Ricann Farms, Inc., upon motion received
and filed. Buol moved adoption of Resolution No. 504-03 Approving the final plat of Ricann
Farms, Inc. No 4 in Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0.
Four Oaks Community Partnership (cp2) Grant – Subcontract: City Manager recommending
approval of a subcontract with Four Mounds Foundation for the Four Oaks Housing Education and
Rehabilitation Training (HEART) Program Community Partnership (cp2) Grant, upon motion
received and filed. Buol moved adoption of Resolution No. 505-03 Authorizing Four Oaks Inc. to
subcontract with the Four Mounds Foundation for the Housing Education and Rehabilitation
Training Program (HEART) Community Partnership Program (cp2) Grant. Seconded by Markham.
Motion carried 7-0.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the Downtown Master Plan grant has been extended to June
30, 2004, upon motion received and filed.
Baseball Referendum: Communication from Sister Margaret Ann Willging regarding the
proposed baseball referendum and City Manager providing a response, upon motion received and
filed.
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West 16 Street Residential Parking Permit District: Communication from John E. Kerrigan,
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President of Loras College, in support of the West 16 Street Residential Parking Permit District,
upon motion received and filed.
Two-Hour Parking Along Jackson Street: City Manager recommending that a request for two
hour parking in front of 1365 – 1367 Jackson Street be denied, upon motion received and filed.
Delinquent Sewer Charges: City Manager recommending approval of the submission of
delinquent sewer accounts to the Dubuque County Treasurer in order to establish real property
liens for collection of such past due accounts, upon motion received and filed. Buol moved
adoption of Resolution No. 506-03 Authorizing collection of delinquent sewer accounts in
accordance with Section 44-83 and 44-86 of the Code of Ordinances of the City of Dubuque,
Iowa. Seconded by Markham. Motion carried 7-0.
Delinquent Garbage and Refuse Collection Accounts: City Manager recommending approval of
the submission of delinquent garbage and refuse accounts to the Dubuque County Treasurer in
order to establish real property liens for collection of such past due accounts, upon motion
received and filed. Buol moved adoption of Resolution No. 507-03 Authorizing collection of
delinquent garbage and refuse collection accounts in accordance with Section 40-37 and 40-39(d)
of the Code of Ordinances of the City of Dubuque, Iowa. Seconded by Markham. Motion carried
7-0.
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Legislative Correspondence: Communication from Senator Charles E. Grassley regarding the
Internet Tax Nondiscrimination Act, upon motion received and filed.
Iowa League of Cities: Communication from the Iowa League of Cities requesting that City
Manager Michael C. Van Milligen serve on the League’s Policy Committee, upon motion received
and filed and approved.
Code of Ordinances – Supplement No. 59: City Manager recommending adoption of Supplement
No. 59 to the City of Dubuque Code of Ordinances, upon motion received and filed. Buol moved
adoption of Resolution No. 508-03 Adopting Supplement No. 59 to the Code of Ordinances of the
City of Dubuque, Iowa. Seconded by Markham. Motion carried 7-0.
Release of Real Estate Mortgage: Corporation Counsel recommending release of the real estate
mortgage for Christine E. Lehnen, upon motion received and filed and approved.
Business License Refund: Brandon Merrick requesting refund of the cigarette license for
Jumpers Sports Bar and Grill in the amount of $50.00, upon motion received and filed and
approved refund.
Business Licenses: Buol moved adoption of Resolution No. 509-03 Granting the issuance of a
permit to sell cigarettes and cigarette papers to Cue Masters Billiards; Resolution No. 510-03
Granting the issuance of a Class “C” Beer Permit to Big 10 Mart and Resolution No. 511-03
Granting the issuance of a Class “B” Liquor License to Hoffman House Restaurant/3100 Club and
Holiday Inn Dubuque Five Flags; and Class “C” Beer/Liquor License to The White House, Instant
Replay, The Moracco, Michael’s Bar X, Cue Master Billiards, Ryan House, Andaluz and Breezers
Pub. Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Mary Ransdell v. City of Dubuque: City Manager recommending that a public hearing be set for
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January 5, 2004 to consider the vacating of a portion of a public alley north of West 7 Street
pursuant to the Settlement Agreement with Mary Ransdell, upon motion received and filed. Buol
moved adoption of Resolution No. 512-03 Approving plat of proposed vacated portion of a public
alley in Coriell’s Dubuque; Resolution No. 513-03 Approving plat of proposed vacated portion of
a public alley in Hill Street Addition. Seconded by Markham. Motion carried 7-0. Ordinance No.
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96-03 Vacating a portion of a public alley north of West 7 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 7-0. Buol moved adoption of Resolution No. 514-03 Of intent to dispose of City interest
In Lot 15A in Hill Street Addition and Lot 27A in Coriell’s Dubuque in the City of Dubuque,
Dubuque County, Iowa and set this for Public Hearing on January 5, 2004 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 7-0.
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Vacating Petition – Portion of West 32 Street at John F. Kennedy Road: City Manager
recommending that a public hearing be set for January 5, 2004 to consider a request from Steven
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and Judy Selchert for the vacating of a portion of West 32 Street at John F. Kennedy Road,
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upon motion received and filed. Buol moved adoption of Resolution No. 515-03 Approving plat
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of proposed vacated portion of West 32 Street at John F. Kennedy Road. Seconded by
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Connors. Motion carried 7-0. Ordinance No. 97-03 Vacating a portion of West 32 Street at John
F. Kennedy 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 Connors. Motion carried 7-0. Buol moved adoption of
Resolution No. 516-03 Of intent to dispose of City interest in Lot 1A of Arbor Estates in the City of
Dubuque, Dubuque County, Iowa and set this for public hearing on 1/5/04 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 7-0.
Pre-Disaster Mitigation Plan: City Manager recommending that a public hearing be set for
January 5, 2004 to consider approval of an updated Pre-Disaster Mitigation Plan, upon motion
received and filed. Buol moved adoption of Resolution No. 517-03 Establishing a public hearing
to solicit written and oral comments on the City’s proposed Pre-Disaster Mitigation Plan and set
public hearing for 1/5/04 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 7-0.
Downtown Master Plan: Downtown Planning Committee recommending that a public hearing be
set for February 2, 2004 to consider adoption of the Downtown Master Plan, upon motion received
and filed and set for public hearing on 2/2/04 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
Appointments to the following Boards/Commissions:
Human Rights Commission (Three 3-Year Terms to Expire 1/1/07 – Terms of Drummer, Giesen
and Jackson; and One Unexpired 3-Year Term to 1/1/06); Applicants: Sarah A. Davidson,
Patricia Foster, Judith Haley Giesen, Evelyn E. Jackson, Robert Nesler, Marty O’Shea. Upon vote,
Judith Haley Giesen and Evelyn E. Jackson were reappointed and Sarah A. Davidson appointed
to three year terms which will expire 1/1/07. Upon vote Patricia Foster was appointed to fill the
unexpired three year term which will expire 1/1/06.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Highway 52 South – Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located southeast of Highway 52 South and Highways 61/151 from C-3 General
Commercial District to MHI Modified Heavy Industrial District at the request of Dan Mueller and
Zoning Advisory Commission recommending approval and petition and letters in opposition to the
proposed rezoning, upon motion received and filed. An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located southeast of Highway 61/151 and Highway 52 intersection from C-3
General Commercial District to MHI Modified Heavy Industrial District, with conditions, presented
and read.
Dan Mueller spoke in favor of the proposed rezoning.
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Garry Cavanaugh, Attorney Thad Murray representing Table Mound Trailer Park, Tim Stierman,
Ben Krapfl, Fred Krapfl, Gerda Preston-Hartman, Renee Williams, Susie Cavanaugh, Nick
Goodmann, Harlan Doty, Marian Williams, Sr. Kathleen O’Neill, Richard Kaufman, Gary Williams,
Dorothy Brimeyer, all spoke in opposition to the proposed rezoning to allow Apex Concrete Plant.
Dan McDonald of GDDC, Michael Duffy, Jerry Mootz, Mike Portzen, Chad Their, Phyllis Sickels,
Rick Kemp, Denny Their, Bill Decker, and Attorney Brian Kane all spoke in support of the
proposed rezoning.
Dan Mueller responded to various concerns.
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 failed due to the following vote – lack of ¾ vote: Yeas—Buol, Connors, Duggan,
Markham. Nays—Cline, Michalski, Nicholson. Michalski moved that this be considered the first
reading of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
5255 Pennsylvania Avenue – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 5255 Pennsylvania Avenue from C-3 General Commercial
District to CS Commercial Service and Wholesale District as requested by Jim Runde and Zoning
Advisory Commission recommending approval, upon motion received and filed. Jim Runde, 1776
Grace Street and Jeff Foster of Foster Engineering, spoke in support of the proposed rezoning.
Walt McFadden, 5580 Pennsylvania, spoke in opposition of the proposed rezoning. Ordinance
No. 98-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 5255 Pennsylvania Avenue
from C-3 General Commercial 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.
Seconded by Connors. Motion carried 7-0.
Tri-State Development – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at the southwest corner of Seippel Road and Old Highway
Road from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District
and CS Commercial Service and Wholesale District to R-2 Two-Family Residential District as
requested by Tri-State Development and Zoning Advisory Commission recommending approval,
upon motion received and filed. Ordinance No. 99-03 Amending Appendix A (the Zoning
Ordinance) of City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at the southwest corner of Seippel Road and Old Highway Road from R-2 Two-
Family Residential District to CS Commercial Service and Wholesale District and CS Commercial
Service and Wholesale District to R-2 Two-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 Connors. Motion
carried 7-0.
Vessel Systems – Tax Increment Revenue Bonds: Proof of publication on notice of hearing to
consider 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 and City Manager
recommending approval, upon motion received and filed. Cline moved adoption of Resolution No.
518-03 Instituting proceedings to take additional action for the issuance of not to exceed $140,000
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Urban Renewal Tax Increment Revenue Bonds and Resolution No. 519-03 Authorizing and
providing for the issuance of $140,000 Urban Renewal Tax Increment Revenue Bonds, Taxable
Series 2003, of the City of Dubuque, Iowa, and providing for the securing of such bonds for the
purpose of carrying out an urban renewal project in the area of the City of Dubuque, Iowa
designated as the Dubuque Industrial Center Economic Development District. Seconded by
Nicholson. Motion carried 7-0.
Riverside Baseball, LLC Lease: Proof of publication on notice of hearing to consider the
disposition of real property and improvements in the Ice Harbor Urban Renewal District by lease
to Riverside Baseball, LLC and City Manager recommending approval and City Manager
recommending approval of two minor amendments to the previously negotiated Riverside Baseball
LLC Lease Agreement, upon motion received and filed. Buol moved adoption of Resolution No.
520-03 Determining that the proposal of Riverside Baseball, LLC to lease property in the Ice
Harbor Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa is in
compliance with the terms of the City’s offering for disposition of such property and Resolution No.
521-03 Accepting the proposal from Riverside Baseball, LLC for the lease of property in the Ice
Harbor Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa and approving
the lease agreement with Riverside Baseball, LLC for the lease of the property. Seconded by
Nicholson. Motion carried 7-0.
Mediacom Franchise Extension: Proof of publication on notice of hearing to consider a six-
month extension of the existing Mediacom cable franchise and side agreements under the terms
currently in effect and City Manager recommending approval, upon motion received and filed.
Ordinance No. 100-03 Extending the term of the existing cable franchise agreement and hub site
lease of MCCIowa, LLC to June 30, 2004, 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 Nicholson. Motion carried 7-0.
Eagle Valley Subdivision Water Main Extension Project: Proof 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 Eagle Valley Subdivision Water Main Extension
Project to Fondell Excavating, Inc. in the amount of $74,897.00, upon motion received and filed.
Markham moved adoption of Resolution No. 522-03 Adopting plans and specifications for the
project and Resolution No. 523-03 Awarding contract. Seconded by Nicholson. Motion carried 6-0
with Cline temporarily out of the Chambers.
Seippel Road Water Main Extension Project: Proof 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 Seippel Road Water Main Extension Project to W.C. Stewart
Construction, Inc. in the amount of $98,104.38, upon motion received and filed. Markham moved
adoption of Resolution No. 524-03 Adopting plans and specifications for the project and
Resolution No. 525-03 Awarding contract. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
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Adams Company - Economic Development Grant: City Manager recommending approval of an
Economic Development Grant Agreement between the City of Dubuque and the Adams Company
concerning the Economic Development Grant to the Company for the construction of its new
facility in Dubuque Industrial Center West, upon motion received and filed. Cline moved adoption
of Resolution No. 526-03 Approving an agreement with the Adams Company to provide an
Economic Development Grant to the Adams Company pursuant to the Development Agreement
between the City of Dubuque and the Adams Company. Seconded by Michalski. Motion carried
7-0.
Bee Branch Moratorium: City Manager submitting the recommendations of the Bee Branch
Citizen Advisory Committee (BBCAC) regarding establishment of a permit moratorium related to
the Bee Branch Creek Restoration Study, upon motion received and filed and approved
recommendations.
Request to Waive Connection Fees: City Manager recommending denial of a request from John
Miller to waive City sewer and water connection fees and building permit fees for property he
wants to develop on Peru Road and Roosevelt Road, presented and read.
John Miller, 920 Roosevelt St., spoke and clarified details of his request.
Upon motion this matter was tabled.
Spirit of Dubuque (Dubuque River Rides, Inc.) Lease Amendment: City Manager recommending
approval of an amendment to the lease agreement with Walt and Nancy Webster, representing
Dubuque River Rides, Inc., to allow for a restaurant with bar and a gift shop on a new barge they
have brought into the Ice Harbor, upon motion received and filed and approved recommendation.
Fiscal Year 2004 Annual Action Plan – Amendment #2: City Manager recommending approval
of the second amendment to the Fiscal Year 2004 Annual Action Plan to reallocate funds, upon
motion received and filed. Cline moved adoption of Resolution No. 529-03 Approving an
amended and restated Fiscal Year 2004 (Program Year 2003) Annual Plan – Amendment 2 for
Community Development Block Grant (CDBG) funds. Seconded by Nicholson. Motion carried 7-
0.
IA 32 (Northwest Arterial) Speed Limits: City Manager recommending approval of a change in
the speed limit on IA 32 (Northwest Arterial) from US 20 to the northerly limits from 45 miles per
hour to 50 miles per hour at the request of the Iowa Department of Transportation, upon motion
received and filed. Ordinance No. 101-03 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 the Northwest Arterial (IA 32), 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.
Stop Signs at Jefferson Street and Spruce Street: City Manager recommending approval of the
installation of stop signs for traffic on Jefferson Street at Spruce Street, upon motion received and
filed. Ordinance No. 102-03 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
Jefferson Street at Spruce 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
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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.
Bus Loading/Unloading and Parking Policy at Port of Dubuque: City Manager recommending
approval of the implementation of a bus loading/unloading and parking policy at the Port of
Dubuque, upon motion received and filed and approved recommendation.
Holiday Refuse Collection Allowance: City Manager recommending approval of the distribution
of one free garbage pickup sticker to each of the City’s refuse customers, upon motion received
and filed and approved recommendation.
Fiscal Year 2005 Budget Hearing Schedule: City Manager submitting the revised budget
hearing schedule for Fiscal Year 2005, upon motion received and filed and approved schedule.
COUNCIL MEMBER REPORTS
Council Member Nicholson presented to the Council the award “America’s Crown Communities”
which he received on behalf of the City by the American City and County Magazine at the National
League of Cities meeting.
PUBLIC INPUT
Ray Taylor objected to more traffic signals on the NW Arterial.
At 9:54 P.M. upon motion Council went into Closed Session re: Property Acquisition – Chapter
21.5(1)(j) 2003 Code of Iowa.
At 10:03 P.M. Council reconvened stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 10:04.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 12/24
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