Minutes City Council 1 5 04CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, January 5, 2004
Council met in Special Session at 5:00 P.M. in the Library Auditorium
Present: Council Members Buol, Cline, Connors, Michalski, Nicholson, Assistant City Manager
Steinhauser, Corporation Counsel Lindahl.
Absent: Mayor Duggan, Council Member Markham
Mayor Pro-Tem Cline read the call and stated this is a special session of the City Council
called for the purpose of discussing the Downtown Master Plan.
Dave Rusk, Chair of the Downtown Planning Committee, provided a summary of the activities
of the Committee and Ann Recker, Leland Consulting, explained the various aspects of the
Downtown Master Plan and the proposed timelines.
There being no further business, upon motion the special meeting adjourned at 6:15 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 5, 2004
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 special 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 Father Robert Vogl, Professor-Emeritus of Religious Studies, Loras
College.
Mayor Duggan swore in Council Member At-Large Ann E. Michalski, Council Member Second
Ward Roy D. Buol and Council Member Fourth Ward Patricia A. Cline.
Mayor Duggan swore in Mayor Pro-Tem Daniel E. Nicholson.
Proclamations: Martin Luther King, Jr. Days (January 18 and 19, 2004) received by Bill
Hickson; Mentoring Month (January, 2004) received by Linda Chapman; and Mercy Year in
Dubuque (2004) received by Rod Tokheim.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 12/8; Building Code Board of Appeals
of 12/11; Cable TV Regulatory Commission of 12/10; Cable TV Teleprogramming Commission
of 12/2; City Council of 12/15; Five Flags Commission of 11/17; Housing Code Appeals Board
of 11/18; Joint City/County Planning Committee, upon motion received and filed.
Carnegie Stout Public Library Board of Trustees Update, upon motion received and filed.
Printed City Council Proceedings for November, 2004, upon motion received and filed and
approved as printed.
Proof of publication of City Council Proceedings of December 1, 2003, upon motion received
and filed.
Notice of Claims/Suits: Paul Cesaretti for property damage; Jim Green for vehicle damage;
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Julie Heiderscheit for personal injury; Paul Otterbeck for vehicle damageupon 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: Julie Heiderscheit
for personal injury; Peter Otterbeck for vehicle damage, upon motion received and filed and
concurred.
Corporation Counsel recommending settlement of the claim of Jim Green for vehicle damage
and Paul Cesaretti for property damage and directing the Finance Department to issue
payment, upon motion received and filed and concurred and Finance Department to issue
proper checks.
Corporation Counsel recommending denial of the claim of Robert Hallahan for property
damage, upon motion received and filed and concurred.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the State Historic Preservation Bureau will be funding the City’s Certified Local
Government Grant Application in the amount of $14,437.50 for Phase V of the
architectural/historical survey, upon motion received and filed.
Scenic Byways Grant Application: City Manager recommending acceptance of the
construction contract for the National Scenic Byways Grant for Design and Construction of
Exhibits for the Interpretation of the Great River Road at the National Mississippi River Museum
and Aquarium Project, as completed by Scharff Weisberg Systems Integration Inc., in the final
contract amount of $735,813, upon motion received and filed. Buol moved adoption of
Resolution No. 1-04 Accepting improvement and Resolution No. 2-04 Final estimate.
Seconded by Cline. Motion carried 7-0.
Certified Local Government Annual Report: City Manager submitting the 2003 Certified Local
Government (CLG) Annual Reportfor City Council's information, upon motion received and
filed.
Preserve America Communities Award Application: City Manager recommending approval of
a Preserve America Communities 2003/2004 Award Application indicating the City’s
commitment to historic preservation, upon motion received and filed. Buol moved adoption of
Resolution No. 3-04 Indicating commitment to historic preservation for Preserve America
Communities 2003/2004 Application. Seconded by Cline. Motion carried 7-0.
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Federal Government Performance and Results Act (GPRA) Annual Report: City Manager
submitting the 2003 Government Performance and Results Act (GPRA) Annual Products
Report to the National Parks Service (NPS), upon motion received and filed.
Historic Resource Development Program Grant Application – Interpretive Signs: City Manager
recommending approval of a Historic Resource Development Program (HRDP) Grant
Application for Heritage Trail Interpretive Signs, upon motion received and filed. Buol moved
adoption of Resolution No. 4-04 Authorizing grant application for HRDP funds for Heritage
Trail interpretive signs. Seconded by Cline. Motion carried 7-0.
Shot Tower Grant Agreement: City Manager recommending approval of a grant agreement
for $100,000 from the Historic Sites Preservation Grant Program for Phase I of restoration of
the Shot Tower, upon motion received and filed. Buol moved adoption of Resolution No. 5-04
Authorizing an agreement with the Historic Site Preservation Grant Program for the Shot Tower
rehabilitation. Seconded by Cline. Motion carried 7-0.
Affordable Housing Tax Credit Program Application – Gronen Properties: City Manager
recommending execution of a resolution in support of an application for equity financing
assistance for the Gronen Upper Main Revitalization Project, upon motion received and filed.
Buol moved adoption of Resolution No. 6-04 Authorizing the City Council to endorse the
Gronen Properties’ application for federal assistance for a rental housing rehabilitation project
on Upper Main Street. Seconded by Cline. Motion carried 7-0.
Request for Proposals – Remediation of Petroleum Plume in the Port of Dubuque: City
Manager recommending approval of the issuance of a Request for Proposals (RFP) to solicit
qualified environmental engineering firms to design and implement a remediation plan for
cleanup of a petroleum plume in the Port of Dubuque, upon motion received and filed and
approved recommendation.
Rebidding of Madison Street Sanitary Sewer Extension Project: City Manager recommending
approval of the rebidding of the Madison Street Sanitary Sewer Extension Project due to a
typographical error in the plans and specifications, upon motion received and filed. Buol
moved adoption of Resolution No. 7-04 Rejecting all bids received for the Madison Street
Sanitary Sewer Extension Project and re-ordering bids for the project, Seconded by Cline.
Motion carried 7-0.
City Council Priorities – Federal Initiatives: City Manager recommending approval of the
“City of Dubuque Priorities and Requests for Federal Appropriations,” which has been prepared
for use during the February 4-6, 2004 trip to Washington, D.C., upon motion received and filed
and approved recommendation.
Governor Thomas Vilsack: City Manager submitting correspondence to Governor Thomas
Vilsack regarding proposed state budget cuts, upon motion received and filed and approved
submission.
Maritime Security Act Plan for the Rivers’ Edge Plaza: City Manager recommending approval
of a Maritime Security Plan for the Rivers’ Edge Plaza as required by the Federal Government’s
Maritime Security Act, upon motion received and filed and approved recommendation.
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Purchase of Property – 785 Gillespie Street: City Manager recommending approval of the
purchase of property located at 785 Gillespie Street as part of the acquisition program
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associated with expansion of the West 32 Street detention basin, upon motion received and
filed. Buol moved adoption of Resolution No. 8-04 Approving the acquisition of real estate
located at 785 Gillespie Street in the City of Dubuque. Seconded by Cline. Motion carried 7-0.
McKesson Corporation Expansion – Application for Financial Assistance: City Manager
recommending approval of the submission of an application for financial assistance from the
State of Iowa on behalf of McKesson Corporation, upon motion received and filed. Buol moved
adoption of Resolution No. 9-04 Authorizing the filing of an application for financial assistance
from the State of Iowa on behalf of McKesson Corporation. Seconded by Cline. Motion
carried 7-0.
Abstract of Votes: Denise Dolan, County Auditor and Commissioner of Elections, submitting
the Abstract of Votes for the Baseball Stadium Election held on December 16, 2003, upon
motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 10-04 Granting the issuance of
a Class “B” Beer (5 Day Special Event) to Riverfest Special Event; and Class “C” Beer Permit
to Kwik Stop Food Mart, IOCO Speede Shoppe and Oky Doky #21 and Resolution No. 11-04
Granting the issuance of a Class “C” Beer/Liquor License to The Lounge, Bowling and Beyond
and Ten Pin Tap; and Class “B” Wine Permit to Dubuque Religious Center. Seconded by
Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Fiscal Year 2004 Budget Amendment: City Manager recommending that a public hearing be
set for January 19, 2004 to consider an amendment to the Fiscal Year 2004 budget, upon
motion received and filed. Michalski moved adoption of Resolution No. 12-04 Directing the
City Clerk to publish proposed amendment to the Fiscal Year 2004 budget and date of public
hearing, with public hearing scheduled for 1/19/04 at a meeting to commence at 3:00 P.M. in
the Majestic Room, Five Flags Civic Center, 405 Main Street and that the City Clerk publish
notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0.
Westbrook Subdivision Sanitary Sewer Extension – Phase I Project: City Manager
recommending initiation of the bidding process for the Westbrook Subdivision Sanitary Sewer
Extension – Phase I Project and that a public hearing be set for February 2, 2004, upon motion
received and filed. Michalski moved adoption of Resolution No. 13-04 Preliminary approval of
plans and specifications; Resolution No. 14-04 Fixing date of hearing on plans and
specifications for 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 and Resolution No. 15-
04 Ordering bids. Seconded by Markham. Motion carried 7-0.
Amended and Restated Garfield Place Urban Revitalization Area: City Manager
recommending that a public hearing be set for February 16, 2004 to consider an amended and
restated Garfield Place Urban Revitalization Area, upon motion received and filed. Michalski
moved adoption of Resolution No. 16-04 Setting a public hearing on a proposal to amend City
of Dubuque Ordinance 38-2002 Establishing the Amended and Restated Garfield Place Urban
Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of
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Iowa, with said public hearing set for 2/16/04 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 Markham. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Voluntary Annexation: Proof of publication on notice of hearing to consider the voluntary
annexation, including non-consenting property owners, of approximately 704 acres of property
west of Dubuque and communication from Douglas and Dianne Fritsch, 14238 Middle Road,
regarding the proposed annexation, upon motion received and filed.
Pete Henkels, 13864 Seippel Road, spoke objecting to several acres of his property being
annexed to the City of Dubuque which would prohibit him from burning the brush from his
Orchard. He would prefer to be annexed to Asbury.
Roseann Wilson spoke stating her acreage is next to Mr. Henkel’s and objected also to
annexation by the City of Dubuque.
Karen Gerhart spoke objecting to the proposed annexation of their property.
Bill Bahl, speaking for himself and twenty-five others affected by the proposed annexation,
stated they were in favor of being annexed by the City of Dubuque.
Doug Fritsch, 14238 Middle Road, spoke objecting to the annexation of his property, citing the
financial burden of connecting to the sewer.
Cline moved adoption of Resolution No. 17-04 Approving applications for voluntary
annexation of territory with non-consenting property owners. Seconded by Connors. Motion
carried 7-0.
Southfork Interceptor Sewer Phase IV Connection Charge: Proof of publication on notice of
hearing and notice to property owners to consider establishing the sanitary sewer connection
fees for the Southfork Interceptor Sewer at $478.86 per acre and City Manager recommending
approval, upon motion received and filed. Ordinance No. 1-04 Establishing a schedule of
sewer connection fees for the connection of property to the Southfork Interceptor Sewer Phase
IV, 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.
Pre-Disaster Mitigation Plan: Proof of publication on notice of hearing to consider approval of
the City of Dubuque’s Pre-Disaster Mitigation Plan, upon motion received and filed. Cline
moved adoption of Resolution No. 18-04 Approving and adopting the Dubuque Pre-Disaster
Mitigation Plan. Seconded by Nicholson. Motion carried 7-0.
Mary Ransdell v. City of Dubuque: Proof of publication on notice of hearing to consider
disposing of City interest in Lot 15A in Hill Street Addition and Lot 27A in Corell’s Dubuque in
the City of Dubuque, Dubuque County, Iowa pursuant to a Settlement Agreement with Mary
Ransdell, upon motion received and filed. Cline moved adoption of Resolution No. 19-04
Disposing of City interest in Lot 15A in Hill Street Addition and Lot 27A in Corell’s Dubuque in
the City of Dubuque, Dubuque County. Seconded by Nicholson. Motion carried 7-0.
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Vacating Petition – Portion of West 32 Street at John F. Kennedy Road: Proof of publication
on notice of hearing to consider a request from Steven and Judy Selchert for the vacating and
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disposal of a portion of West 32 Street at John F. Kennedy Road, upon motion received and
filed.
Ray Taylor, 10880 River Vista Dr., spoke objecting to sale of this property.
Markham moved adoption of Resolution No. 20-04 Disposing of City interest in Lot 1A of
Arbor Estates in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion
carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Request to Address the Council: Ray Taylor, 10880 Rio Vista Drive, requesting to address
the City Council regarding stoplights on the Northwest Arterial, upon motion received and filed.
Mr. Taylor spoke objecting to installation of more stop lights on the NW Arterial.
Greater Dubuque Development Corporation: Rick Dickinson, Director of the Greater Dubuque
Development Corporation, gave a verbal quarterly report. Upon motion the verbal report was
received and filed.
Highway 52 South – Request to Rezone (First Reading on 12/15/03):
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.
Communication from Gary Cavanaugh, 9250 Bellevue Heights, expressing concerns with the
rezoning and submitting information on diesel exhaust; Communications in opposition to the
proposed rezoning; Communication from Brian J. Kane, representing Apex Concrete, LLC, in
partial response to inquiries regarding the rezoning; Dan Mueller submitting information from
the Iowa Department of Transportation regarding Entrance Permit #31-2003-13 to construct a
single Type “B” entrance along US 52 within the City of Dubuque, presented and read.
An additional communication from IDOT was submitted giving more information as to the
construction feasibility of an additional turn lane for slow-moving traffic.
Council voiced concerns about additional traffic problems with the addition of slow moving
concrete trucks entering and exiting the Apex Concrete Plant.
Buol moved to amend the Ordinance to make it an additional condition of the rezoning that an
additional traffic lane be added to Highway 52 by the developer and, as stated in Paragraph #1
of the Iowa Department of Transportation letter dated January 5, 2004, that the final design of
the intersection be submitted to IDOT for further review and approval. Seconded by Markham.
Motion carried 7-0.
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, as amended.
Seconded by Markham. Motion failed due to lack of ¾ vote: Yeas—Buol, Duggan, Markham,
Nicholson. Nays—Cline, Connors, Michalski.
Buol moved that this be considered the second reading of the Ordinance, as amended.
Seconded by Markham. Motion carried 7-0.
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Request for Proposals for Private Management of the Five Flags Center: City Manager
recommending approval of the issuance of a Request for Proposals for private management of
the Five Flags Center, upon motion received and filed and approved recommendation.
Building Permit Moratorium – Bee Branch Creek Restoration Alignment Study: City Manager
recommending approval of a building permit moratorium through May 29, 2004 for property
located in the Bee Branch Creek Restoration Alignment Study area, upon motion received and
filed. Ordinance No. 2-04 Amending Chapter 11 Buildings and Building Regulations of the City
of Dubuque Code of Ordinances by adding a new Section 11-58.5 Establishing a Moratorium
on the Issuance of Building Permits for Commercial and New Residential Construction in the
Bee Branch Creek Restoration Alignment Study Area, 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.
Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson.
Nays—Duggan.
Dubuque Greyhound Park Expansion: Communication from the Dubuque Racing Association
requesting City Council support of the proposed Dubuque Greyhound Park and Casino Facility
Expansion project and City Manager recommending that the City Council support the Dubuque
Greyhound Park and Casino Expansion Project and to submit a Letter of Support to the Iowa
Racing and Gaming Commission, upon motion received and filed and approved
recommendation.
City Council Appointments: Communication from Operation: New View requesting
appointment of the City’s designees to their Board for calendar year 2004 (currently Council
Members Patricia Cline and Joyce Connors) and communication from Rick Dickinson, Greater
Dubuque Development Corporation, requesting appointment of a City Council representative to
the River Valley Initiative Foundation Board of Directors, upon motion Cline and Connors
reappointed to the Operation: New View Board and Buol appointed to the River Valley Initiative
Foundation Board of Directors.
Mayor and City Council appointments to various Boards and Commissions, upon motion the
appointments continue as at present.
COUNCIL MEMBER REPORTS
Nicholson requested City Council support of his appointment to the Iowa League of Cities
Board.
At 7:58 P.M. upon motion it was resolved to go into Closed Session - Property Acquisition –
Chapter 21.5(1)(j) 2003 Code of Iowa.
At 8:12 P.M. Council reconvened stating staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:13 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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