Minutes City Council 2 16 04
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 16, 2004
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Nicholson, Council Members Buol, Cline, Connors, Markham,
Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl.
Absent: Mayor Duggan
Invocation was given by Dr. Catherine Dunn, BVM, President of Clarke College.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 2/2 and 2/9; Civil Service of 1/20; Enterprise
Zone Commission of 2/2; Human Rights Commission of 1/12; Zoning Advisory Commission of
2/4, upon motion received and filed.
Carnegie-Stout Public Library Board of Trustees Update for Meeting of 1/22/04, upon motion
received and filed.
Proofs of publication of City Council Proceedings of 1/19/04 and 1/26/04 and List of Claims
and Summary of Revenues for month ending December 31, 2003, upon motion received and
filed.
Finance Director submitting the Financial reports for the month ending January 31,2004, upon
motion received and filed.
Notice of Claims/Suits: DanE!' Benn for vehicle damage; Daniel Garner, Jr. for vehicle
damage; Horacio M. Gonzales and Rose J. Gonzales vs. the City of Dubuque, 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: Dubuque Storage and
Transfer Company for property damage; Lynn M. Valley for vehicle damage, upon motion
received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Ron Conrad, owner of the
Glenview Motel, for property damage and directing the Finance Department to issue payment,
upon motion received and filed and approved settlement and Finance Department to issue
payment.
Residential Parking Permit District: Communication from John Kerrigan, President of Loras
College, in support of the petition submitted for a Residential Parking Permit District on Cornell
Street, portions of West 16tth Street, West 15 Street and Pickett Street, upon motion received
and filed.
City Development Board:
Filing of Appearance from the City Development Board in the matter of the City of Dubuque
Voluntary Annexation Including Non-Consenting Owners; Filing of Appearance from the City
Development Board in the matter of the City of Asbury Voluntary Annexation; and Notice of
meeting to consider Motion to Dismiss in the matter of the City of Asbury Voluntary Annexation
Including Non-Consenting Owners, upon motion received and filed.
Asbury Plaza No. 11 - Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Asbury Plaza No. 11, subject to waiving the lot frontage requirement, upon
motion received and filed. Buol moved adoption of Resolution No. 62-04 Approving the final
plat of Asbury Plaza No. 11 in the City of Dubuque, Iowa. Seconded by Markham. Motion
carried 6-0.
Plat of Survey - Ege Mueller Place: Zoning Advisory Commission recommending approval of
the plat of survey of Ege Mueller Place north of the intersection of John F. Kennedy Road and
Deer Valley Drive in Dubuque County, subject to waiving the lot frontage requirement for Lot 2,
upon motion received and filed. Buol moved adoption of Resolution No. 63-04 Approving the
plat of survey of Lot 1 of 2 and Lot 2 of 2 in Ege Mueller Place in Dubuque County. Seconded
by Markham. Motion carried 6-0.
Release and Indemnity Agreement - City of Dubuque vs. Allen & Urbain, et al: Corporation
Counsel recommending approval of a Release and Indemnity Agreement acknowledging that
the City no longer has any claim against Conlon Construction Company or St. Paul Fire &
Marine Company for the handling of the Main Street Buildings litigation, upon motion received
and filed and approved recommendation.
Management Agreement for Bunker Hill Golf Course: City Manager recommending approval
of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf
Course for the. period March 1, 2004 through November 30, 2004, upon motion received and
filed and approved recommendation.
Iowa Department. of Natural Resources 28E Agreement: City Manager recommending
approval of a 28E Agreement with the Iowa Department of Natural Resources to provide funds
for construction of a fishing pier at Heron Pond, upon motion received and filed and approved
recommendation.
Comprehensive Annual Financial Report: City Manager submitting the Comprehensive
Annual Financial Report (CAFR) and Parking Facilities Report for Fiscal Year 2003, upon
motion received and filed.
White Street Reconstruction Project - Preliminary Final Assessments: City Manager
recommending approval of the preliminary schedule of final assessments for the White Street
Reconstruction Project, upon motion received and filed. Buol moved adoption of Resolution
No. 64-04 Approving the preliminary schedule of final assessments. Seconded by Markham.
Motion carried 6-0.
Wartburg Place Reconstruction Project ~ Acceptance: City Manager recommending
acceptance of the Wartburg Place Reconstruction Project as completed by Portzen
Construction, Inc. in the final contract amount of $638,398.68 and approval of the preliminary
schedule of final assessments, upon motion received and filed. Buol moved adoption of
Resolution No. 65-04 Accepting improvement; Resolution No. 66-04 Approving final contract
amount and Resolution No. 67-04 Approving preliminary schedule of final assessments.
Seconded by Markham. Motion carried 6-0.
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Agreement with Kivlahan Farms, LLC: City Manager recommending approval of an agreement
between the City of Dubuque and Kivlahan Farms, LLC for the exchange of properties along the
west side of the Arboretum property abutting the next phase of Arbor Estates, owned by
Kivlahan Farms, LLC., upon motion received and filed. Buol moved adoption of Resolution No.
68-04 Approving agreement with Kivlahan Farms, LLC for the exchange of properties along the
west side of the Arboretum abutting the next phase of Arbor Estates owned by Kivlahan Farms,
LLC. Seconded by Markham. Motion carried 6-0.
Calendar Year 2003 Urban Revitalization Program Applications: City Manager recommending
approval of seven 2003 Urban Revitalization Program applications for residential property tax
exemption, upon motion received and filed. Buol moved adoption of Resolution No. 69-04
Approving residential property" tax exemption applications submitted by property owners in
recognized urban revitalization areas and authorizing the transmittal of the approved
applications to the City Assessor. Seconded by Markham. Motion carried 6-0.
Dubuque County Historical Society Lease Amendment: City Manager recommending approval
of a second amendment to the lease agreement between the City and the Dubuque County
Historical Society regarding insurance requirements, upon motion received and filed and
approved recommendation.
Agri Grain/Cargill Lease Assignment: City Manager recommending approval of a request from
Agri Grain Marketing, LLC that their leases with the City be assigned to Cargill, Incorporated,
upon motion received and filed. Buol moved adoption of Resolution No. 70-04 Consenting to
the assignment of leases between the City of Dubuque and Agri Grain Marketing, LLC to
Cargill, Incorporated. Seconded by Markham. Motion carried 6-0.
Senate Impact Survey: Communication from City Manager Michael C. Van Milligen to Senator
Mike Gronstal, Democratic Leader of the Iowa Senate, in response to the Senate Impact Survey
for 2004 Cuts in State Aid, upon motion received and filed. Buol moved adoption of Resolution
No. 71-04 Requesting a limitation on reduction in State aid to local governments. Seconded by
Markham. Motion carried 6-0.
Legislative Correspondence: Communication from City Manager Michael C. Van Milligen to
local legislators urging their support of funding property tax credits to cities and restoring the
bank franchise fee to cities and counties, upon motion received and filed and approved letter.
Communication from City Manager Michael C. Van Milligen to local legislators urging
opposition to the proposal to establish a retroactive sunset clause for slum and blight Tax
Increment Financing districts, upon motion received and filed and approved letter.
Business Licenses: Buol moved adoption of Resolution No. 72-04 Granting the issuance of
a Class "C" Beer Permit to Big10 Mart, Hartig Drug #4 and Econo Foods #471 and Resolution
No. 73-04 Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Best Western
Dubuque Inn; Class "C" Beer/Liquor License to Rafters, Tony's Place, Hammerheads
Bar/Billiards, and Dubuque Greyhound Park and Casino; and Class "B" Wine Permit to Hartig
Drug #4 and Econo Foods #471. Seconded by Markham. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Residential Parking Permit District - Rosemont Street: City Manager recommending that a
public hearing be set for March 1, 2004 to consider the establishment of a Residential Parking
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Permit District on Rosemont Street between Pennsylvania Avenue and Creston Court, upon
motion received and filed. Cline moved adoption of Resolution No. 74-04 Setting a public
hearing on establishment of a Residential Parking Permit District on Rosemont Street from
Pennsylvania Avenue to Creston Court and set this for public hearing on 3/1/04 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 6-0.
Fiscal Year 2005 Operating Budget and Capital Improvement Program Budget: City Manager
recommending that a public hearing be set for March 3, 2004 to consider adoption of the Fiscal
Year 2005 Operating Budget and Capital Improvement Program Budget, upon motion received
and filed. Cline moved adoption of Resolution No. 75-04 Setting the date for the public hearing
on Fiscal Year 2005 budget for the City of Dubuque and Resolution No. 76-04 Setting the date
for the public hearing on the five year Capital Improvement Program for Fiscal Years 2005
through 2009 for the City of Dubuque and set the public hearings for 3/3/04 at a meeting to
commence at 6:30 P.M. in the public libr¡:¡ry auditorium and that the City Clerk publish notice in
the manner prescribed by law. Seconded by Connors. Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Board:
Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06 and Three 3-
Year Terms Through 1/11/07 - Schaub, Kinsella, Swift). Applicants: William J. Kinsella;
Robert Schaub, Edward Swift.
Appointments to the following Commission: Community Development Advisory Commission
(Two 3-Year At-Large Terms to Expire 2/15/07 - Terms of Giesen and Maloy and One 3-Year
Low/Moderate Income Term to Expire 2/17/07 - Vacant); Applicants: James Giesen and
Paula Maloy, SVM Upon motion James Giesen and Paula Maloy SVM reappointed to three
year terms to expire 2/15/97.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Amended and Restated Garfield Place Urban Revitalization Area: Proof of publication on
notice of hearing to consider approval of an Amended and Restated Garfield Place Urban
Revitalization Area Plan and City Manager recommending approval, upon motion received and
filed.
Scott Potter spoke in favor of the proposed Amended Urban Revitalization Plan.
Ordinance No. 7-04 Establishing the amended and restated Garfield Place Urban
Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of
Iowa, 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 6-0.
Old Mill Road Property - Lease Agreement: Proof of publication on notice of hearing 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
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open green space as a condition of the HMGP program and City Manager recommending
¡:¡pproval, upon motion received and filed.
David Hartig, 1255 Southern, spoke in favor of the proposed lease agreement.
Markham moved adoption of Resolution No. 77-04 Disposing of interest in real property by
lease with David S. Hartig, Jr. Seconded by Michalski. Motion carried 6-0.
Upon motion it was resolved to reinstate the rule limiting discussion to Council.
ACTION ITEMS
West 32"d Street Detention Basin Building Moratorium: City Manager recommending that the
West 32"d Street Detention Basin Building Moratorium be extended through August 1, 2005,
upon motion received and filed. Ordinance No. 8-04 Amending Chapter 11 Buildings and
Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Section 11-
58.4 Re-establishingan eighteen-month moratorium on the issuance of permits for work in the
West 32"d Street Detention Basin 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 Markham. Motion carried 6-0.
Environmental Stewardship Advisory Commission: Communication from the Environmental
Stewardship Advisory Commission recommending that City Council direct staff to consider
design criteria for new" construction sites and Best Management Practices to improve water
quality and" confine stormwater runoff to the site on which it falls until peak flow has passed,
upon motion received and filed and directed staff to consider design criteria and Best
Management Practices.
Franchise Renewal Process: City Manager recommending approval to move ahead with the
formal renewal process of the cable franchise of MCClowa, Inc., as provided by federal law,
while continuing informal fr¡:¡nchise renewal negotiations, upon motion" received and filed and
approved recommendation.
Legislative Issues: City Manager recommending an amendment to the City's Legislative
Issues regarding changes to property tax credit to local governments, limitations on Tax
Increment Financing (TIF) Districts and continued restrictions to landcbased gaming operations,
upon motion received and filed and approved recommendation.
COUNCIL MEMBER REPORTS
Markham and Michalski questioned their reappointment and appearance at various League
Committee meetings and will postpone action until funding for travel is approved.
Upon motion meeting adjourned at 7:15 P.M.
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City Clerk
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