1 19 04 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 19, 2004
Council Met in Regular Session at 3:00 P.M. in the Five Flags Civic Center – Orpheum
Room
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 Tom Mason, Captain of the Salvation Army.
CONSENT ITEMS
Minutes and Reports Submitted: Airport of 12/8; City Council of 12/18 and 1/5; Civil
Service Commission of 10/28, 11/5 and 12/4; Community Development Advisory
Commission of 12/2 and 12/10; Downtown Planning Committee of 12/8; Historic Preservation
Commission of 12/18; Human Rights Commission of 12/8; Library Board of 7/24, 8/8, 8/28,
9/16, 9/25, 10/23, 11/20, 11/25, and 12/4; Zoning Advisory Commission of 1/7; Zoning Board
of Adjustment of 12/18, upon motion received and filed.
Proof of publication of List of Claims and Summary of Revenues for month ending
November 30, 2003; Financial reports for month ending December 31, 2003, upon motion
received and filed.
Notice of Claims/Suits: Debra Ann Avenarius for personal injury; James K. Clark for
property damage; Deborah Cue for personal injury; Norma Furry for property damage; John
Sabers for property damage; Luvern H. Stockel for property damage; TFM Company 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: Debra Ann
Avenarius for personal injury; Deborah Cue for personal injury; Allison Lott for property
damage; John Sabers for property damage; Luvern Stockel for property damage; TFM
Company for property damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of James K. Clark for property
damage and directing Finance Department to issue payment, upon motion received and filed
and approved settlement directing the Finance Department to issue payment.
Citizen Communications: Communication from Mary Jungbluth regarding the mediation
session between Sunnyslope property owners and QHQ Properties, upon motion received
and filed.
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Communication from Sister Margaret Ann Willging submitting proposals for City Council
consideration, upon motion received and filed.
LeClere Agreement: City Manager recommending approval of an agreement with Thomas
and Rebecca LeClere, 1195 Thomas Place, for the installation of sanitary sewer service to
their home, upon motion received and filed and approved recommendation.
Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess,
Secretary of the Dubuque Metropolitan Area Solid Waste Agency, submitting the Agency’s
tipping fees for Fiscal Year 2005 along with a summary of the Fiscal Year 2005 budget, upon
motion received and filed.
Request to Demolish: Historic Preservation Commission recommending approval of a
request from the City of Dubuque to demolish a one-story concrete addition to the Star
Brewery Building, upon motion received and filed and approved.
White Water Creek Bridge: City Manager recommending approval of a Historic Resource
Development Program (HRDP) grant application for relocation of the historic White Water
Creek Bridge, upon motion received and filed. Buol moved adoption of Resolution No. 21-
04 Authorizing grant application for HRDP funds for relocation of the historic White Water
Creek Bridge. Seconded by Markham. Motion carried 7-0.
Eagle Food Centers, Inc.: Notice of hearing in the United States Bankruptcy Court to
consider approval of the disclosure statement of Eagle Food Centers, Inc. and four of its
subsidiaries and affiliates, upon motion received and filed.
Urban Transit Contracts: City Manager recommending approval of Urban Transit
Contracts with Area Residential Care, Mt. Saint Francis, and Sunnycrest Manor, upon motion
received and filed and approved recommendation.
Four Mounds Foundation: Christine Happ Olson, Executive Director – Four Mounds
Foundation, requesting that the City sign an owner consent form for a grant application to
the State Historical Society of Iowa for funding to restore the structurally damaged Porte
Cochere at the historic Grey House at Four Mounds, upon motion received and filed and
approved.
Designation of Fiscal Officers: City Manager recommending approval of the designation of
Finance Department employees to obtain bank account information and make transfers
between City of Dubuque bank accounts within a banking institution, upon motion received
and filed. Buol moved adoption of Resolution No. 22-04 Authorizing certain City of
Dubuque Finance Department employees to obtain bank account information and make
transfers between City of Dubuque bank accounts within a banking institution. Seconded by
Markham. Motion carried 7-0.
Authorized Depository Institutions: City Manager recommending approval of adding State
Central Bank as an authorized depository institution for the City of Dubuque, upon motion
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received and filed. Buol moved adoption of Resolution No. 23-04 Naming Depositories.
Seconded by Markham. Motion carried 7-0.
Shepherd Company – CEBA Contract: City Manager recommending approval to execute a
$100,000 Community Economic Betterment Account (CEBA) loan agreement to support
Shepherd Company’s relocation to downtown Dubuque, upon motion received and filed.
Buol moved adoption of Resolution No. 24-04 Authorizing the execution of a Community
Economic Betterment Account loan agreement for One Hundred Thousand Dollars
($100,000) with Shepherd Incorporated. Seconded by Markham. Motion carried 7-0.
Lead Based Paint Hazard Abatement Program and Housing Trust Program: City Manager
recommending approval of the publication of a Notice of Intent to Request Release of
Community Development Block Grant (CDBG) Funds for the Lead Paint Hazard Abatement
Program and Housing Trust Fund Program, upon motion received and filed. Buol moved
adoption of Resolution No. 25-04 Authorizing publication of a Notice of Intent to Request
Release of Community Development Block Grant Funds for Lead Paint Hazard Abatement
Program and Housing Trust Fund. Seconded by Markham. Motion carried 7-0.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development (HUD) acknowledging receipt of the second
amendment to the City’s Community Development Block Grant Annual Action Plan, upon
motion received and filed.
Business License Refund: Request from Marvin Rapp, Cue Master Billiards, for a refund of
his cigarette license in the amount of $50.00, upon motion received and filed and approved
refund.
Business Licenses: Buol moved adoption of Resolution No. 26-04 Granting the issuance
of a Class “B” Beer Permit to UAW Local 94; and Class “C” Beer Permit to Awn Stop Mart,
Dubuque Discount Gas, Iowa Potato & Produce House, Hy-Vee #2 and Resolution No. 27-
04 Granting the issuance of a Class “B” Wine Permit to Hy-Vee #2. Seconded by Markham.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
The following item was pulled from the Agenda: Old Mill Road Property – Lease
Agreement: City Manager recommending that a public hearing be set for February 16, 2004,
to consider a lease agreement with David Hartig for four properties on Old Mill Road which
the City acquired through the Hazard Mitigation Grant Program (HMGP) and which must
remain open green space as a condition of the HMGP program and a Resolution
Establishing a public hearing for the disposition of Old Mill Road property.
Fiscal Year 2005 Annual Action Plan: City Manager recommending that a public hearing
be set for February 24, 2004 to consider approval of the proposed Fiscal Year 2005 Annual
Action Plan, upon motion received and filed. Cline moved adoption of Resolution No. 28-
04 Setting a public hearing on the Program Year 2004 (Fiscal Year 2005) Community
Development Block Grant (CDBG) Annual Action Plan and set this for public hearing on
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2/24/04 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.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council if
they choose.
Madison Street Sanitary Sewer Extension Project: Proof of publications on notice of
hearing, notice to bidders and notice to property owners and City Manager recommending
award of the contract for the Madison Street Sanitary Sewer Extension Project to Top Grade
Excavating in the amount of $90,460.09, upon motion received and filed. Cline moved
adoption of Resolution No. 29-04 Adopting plans and specifications; Resolution No. 30-04
Awarding contract and Resolution No. 31-04 With respect to the adoption of the Resolution
of Necessity proposed for the Madison Street Sanitary Sewer Extension Project. Seconded
by Connors. Motion carried 7-0.
Kivlahan Farms LC – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property on Bittersweet Lane (north of John F. Kennedy Road and West
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32 Street) from R-3 Moderate Density Multi-Family Residential District to PUD Planned Unit
Development District with a PR Planned Residential designation as requested by Kivlahan
Farms LC and Zoning Advisory Commission recommending approval, upon motion received
and filed.
John Kivlahan spoke in favor of the passage of the proposed Ordinance.
Ordinance No. 3-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located west of
Honeysuckle Lane from R-3 Moderate Density Multi-Family Residential District to PUD
Planned Unit Development District with a PR Planned Residential District designation and
adopting a Conceptual Development Plan with conditions, 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.
Radford Road – Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property in the 1700 block of Radford Road from AG Agricultural District to C-3
General Commercial District as requested by Steve Schueller and Zoning Advisory
Commission recommending approval, upon motion received and filed. Ordinance No. 4-04
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
by reclassifying hereinafter described property located in the 1700 block of Radford Road
from AG Agricultural District to C-3 General Commercial District, with conditions, 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.
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Fiscal Year 2004 Budget Amendment: Proof of publication on notice of hearing to consider
an amendment to the Fiscal Year 2004 budget and City Manager recommending approval,
upon motion received and filed. Cline moved adoption of Resolution No. 32-04 Amending
the Fiscal Year 2004 budget. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Highway 52 South – Request to Rezone (Second Reading on 1/5/04): Ordinance No. 5-04
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 the Dubuque County Board of Supervisors requesting that action on
this item be tabled until the appropriate Iowa Department of Transportation studies are
completed and an IDOT public hearing has been held, presented and read.
Copy of communication from the Dubuque County Board of Supervisors to Richard E.
Kautz, Iowa Department of Transportation, requesting the Iowa Department of Transportation
initiate a traffic study on Highway 151/61, presented and read.
Communication from Garold Williams, 11126 Hwy 52 South, regarding slow moving
concrete trucks, presented and read.
Communication from Richard Kaufman regarding the third reading and vote on the Apex
Concrete rezoning request, presented and read.
Communication from Richard Kautz, Iowa Department of Transportation, regarding the
Highway 151/61 intersection, presented and read.
Communication from John M. McDonald III in opposition to the proposed rezoning,
presented and read.
Michalski moved to table action on this item. Seconded by Cline. Motion failed due to
following vote: Yeas—Cline, Michalski. Nays—Buol, Connors, Duggan, Markham,
Nicholson.
Buol moved to receive and file the communications and moved final consideration and
passage of the Ordinance. Seconded by Connors. Carried by the following vote: Yeas—
Buol, Connors, Duggan, Markham, Nicholson. Nays—Cline, Michalski.
Carnegie Stout Public Library Annual Report: Library Director Susan Henricks to present
the Carnegie Stout Public Library Annual Report. Ms. Henricks spoke and presented an
overview of the Library activities of the last year.
Markham requested a more regular update of the Library’s activities.
Upon motion the report was received and filed.
Police Department Towing Contract: City Manager recommending that the Fiscal Year
2003 – 2006 Towing Contract for the Dubuque Police Department be awarded to Wenzel
Towing, upon motion received and filed and approved recommendation and awarded the
contract to Wenzel Towing. Marie Steve spoke in opposition to awarding the contract to
Wenzel Towing.
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Adams Company – General Obligation Capital Loan Note: City Manager recommending
approval to purchase a $500,000 General Obligation Loan Note from American Trust and
Savings Bank to assist the Adams Company with their relocation to the Dubuque Industrial
Center West, upon motion received and filed. Markham moved adoption of Resolution No.
33-04 Directing the acceptance of a proposal to purchase $500,000 General Obligation
Capital Loan Notes. Seconded by Connors. Motion carried 7-0.
Ridgeway Park Subdivision – Final Plat: City Manager recommending approval of the final
plat of Ridgeway Park Subdivision in Dubuque County, Iowa as requested by Randy Hefel,
upon motion received and filed. Cline moved adoption of Resolution No. 34-04 Approving
final plat of Ridgeway Park Subdivision in Dubuque County, Iowa. Seconded by Connors.
Motion carried 7-0.
Renaming of Aggie Street: Zoning Advisory Commission recommending that the name of
Aggie Street be changed to Oak Park Place at the request of the City of Dubuque, upon
motion received and filed. Ordinance No. 6-04 Renaming the street currently named Aggie
Street to Oak Park Place, 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 Connors. Motion carried 7-0.
Fiscal Year 2005 Budget Transmittal: City Manager presenting the Fiscal Year 2005
Annual Operating Budget and Capital Improvement Program Budget, upon motion received
and filed. City Manager Van Milligen spoke and presented specifics of the FY 2005 budget.
COUNCIL MEMBER REPORTS
Markham complimented the City Manager for the City Manager of the Year award, which is
a prestigious recognition for Dubuque.
Michalski and Cline shared information about their talk to the Girl Scouts and the
interesting City items and facts they shared.
There being no further business, upon motion the meeting adjourned at 4:46 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 1/28
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