Minutes City Council 3 1 04
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 1, 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, 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 President Ken Daughters of Emmaus Bible College.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 1/26; Cable TV Regulatory
Commission of 2/11; City Conference Board of 3/14 and 12/3/03; City Council of 2/12; 2/16,
2/19, 2/23 and 2/24; Electrical Code Board of 2/16; Environmental Stewardship Advisory
Commission of 2/3; Historic Preservation of 2/18; Housing Code Appeals Board of 1/20;
Housing Commission of 1/27; Joint City/County Planning Committee of 2/19; Library Board of
1/22; Long Range Planning Advisory Commission of 2/18; Park and Recreation Commission
of 2/10; Transit Board of 1/8, upon motion received and filed.
Proofs of publication of City Council Proceedings of 2/2, 2/9 and 2/12 and List of Claims and
Summary of Revenues for month ending January 31, 2004; Convention and Visitors Bureau
Quarterly Report, upon motion received and filed.
Notice of Claims/Suits: Margaret Cheung for personal injury/vehicle damage; Steve and
Kathy Cornelius for property damage; Jasmine Leon for property damage; Jason Steinlicht for
vehicle damage; Timothy Stierman, Renee Williams, Garold Williams, Gary Cavanaugh, Ruth
Speck, Kevin Kelleher, Charles Plein, John Cavanaugh, and Thomas Tierney vs. Dubuque
City Council and Dubuque Southgate Development, Ltd., 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: Margaret Cheung
for personal injury/vehicle damage; Daniel M. Garner. Jr. for vehicle damage; Jason Steinlicht
for vehicle damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of DanEI' Benn for vehicle
damage and Jasmine Leon for vehicle damage and directing the Finance Department to issue
payment, upon motion received and filed and concurred with recommendation and Finance
Department to issue payment.
Legislative Correspondence: Communication of City Manager to area legislators encouraging
opposition to efforts to change Land Use authority of local governments, upon motion received
and filed and approved letters.
Contract for Auction of Personal Property at the Brewery: City Manager recommending
approval of an agreement with Crompton Corporation to sell the personal property at the
Brewery, upon motion received and filed and approved recommendation.
City Development Board: In the matter of the City of Asbury Voluntary Annexation including
non-consenting owners - Notice of meeting to consider resistance to Dubuque's motion to
dismiss, upon motion received and filed. In the matter of the City of Asbury Voluntary
Annexation within the urbanized area of the City of Dubuque and the City of Dubuque
Voluntary Annexation including some land without the consent of the owner - Notice of
meeting to consider voluntary annexation within the urbanized area, upon motion received and
filed.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development advising that the City of Dubuque's audit
report for the period July 1, 2002 through June 30, 2003 has been closed, upon motion
received and filed.
Pre-Disaster Mitigation Plan: City Manager recommending approval of changès to the City of
Dubuque Pre-Disaster Mitigation Plan as suggested by the State of Iowa Homeland Security
and Emergency Management Division, upon motion received and filed and approved
recommendation.
Code of Ordinance Supplement No. 60: City Manager recommending adoption of
Supplement No. 60 to the Code of Ordinances of the City of. Dubuque, Iowa, upon motion
received and filed. Buol moved adoption of Resolution No. 78-04 Adopting Supplement No.
60 to the Code of Ordinances of the City of Dubuque, Iowa. Seconded by Cline. Motion
carried 7-0.
Governor's Traffic Safety Grant: City Manager recommending approval of a grant application
to the Governor's Traffic Safety Bureau for a three year Governor's Traffic Safety Grant, upon
motion received and filed and approved recommendation.
Residential Parking Permit District - Cornell Street: Communication from residents at 1493
Cornell Street, 509 Loras Boulevard and 1401 Henion Street requesting that their names be
removed from the Residential Parking Permit District petition for this area, upon motion
received and filed and referred to the City Manager.
Northeast Iowa School of Music: City Manager submitting a letter to the Iowa Community
Cultural Grant Committee in support of the Northeast Iowa School of Music's request for
funding of a full-time Office Manager, upon motion received and filed and approved
recommendation.
Business License Refund: Request of Brandon Merrick, Jumpers Sports Bar and Grill, for a
refund of his beer and liquor combination license in the amount of $422.50, upon motion
received and filed and approved refund.
Business Licenses: Buol moved adoptionof Resolution No. 79-04 Granting the issuance of
a. Class "C" Beer/Liquor License to The Clubhouse, PJ's Tap, Eagles Club and Copper Kettle.
Seconded by Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
South Grandview Avenue - Request to Vacate: City Manager recommending that a public
hearing be set for March 15, 2004 to consider a request from six property owners for the
vacating of the northerly portion of an alley west of South Grandview Avenue between Altman
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Street and Whelan Street, upon motion received and filed. Cline moved adoption of
Resolution No. 80-04 Of intent to dispose of City interest in Lots 8A, 9A, 10A, 17 A and 20A of
Grand View Place and Lot 1A of South Grandview Place, Dubuque, Iowa and set this for
Public Hearing on 3/15/04 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 Nicholson. Motion carried 7-0.
Seward Street - Request to Vacate: Communication from Gerald and Christine Penhollow
requesting to purchase a portion of a City street and alleys abutting property at 777 Seward
Street and City Manager recommending that a public hearing be set for March 15, 2004 to
consider a request from Gerald and Christine Penhollow to vacate Sac Street and two alleys
north of Seward Street in C.H. Meyer's Addition, upon motion received and filed. Cline moved
adoption of Resolution No. 81-04 Of intent to dispose of City interest in Lot 13A, Lot 16A, and
Lot 20A in C.H. Meyer's Addition, Dubuque, Iowa and set the public hearing for 3/15/04 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.
Utility Easement - Carter Road Detention Basin: City Manager recommending that a public
hearing be set for March 15, 2004 to consider the vacating of a utility easement in the area of
the embankment for the Carter Road detention facility to ensure the structural integrity of the
embankment, upon motion received and filed. Cline moved adoption of Resolution No. 82-04
Of intent to dispose of interest and vacate a utility easement over Lot 2 of Whites Place in the
City of Dubuque, Dubuque County, Iowa and set this for public hearing on 3/15/04 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 Nicholson. Motion carried 7-0.
Flood Hazard Mitigation Demolition Project - Phase II: City Manager recommending initiation
of the public bidding process for the Flood Hazard Mitigation Demolition Project - Phase II and
that a public hearing be set for April 5, 2004, upon motion received and filed. Cline moved
adoption of Resolution No. 83-04 Approving plans and specifications; Resolution No. 84-04
Setting date for public hearing on plans and specifications and Resolution No. 85-04
Ordering bids, with date of public hearing to be 4/5/04 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 Nicholson. Motion carried 7-0.
Greater Downtown Urban Renewal District: City Manager recommending adoption of a
Resolution of Necessity that begins the process of creating a new Greater Downtown Urban
Renewal Plan, combining the existing Downtown Dubuque and Ice Harbor Urban Renewal
Districts, and setting a public hearing for April 19, 2004 to consider the new plan, upon motion
received and filed. Cline moved adoption of Resolution No. 86-04 Of Necessity finding that
the area included in the Greater Downtown Urban Renewal District is a blighted area and that
the rehabilitation and redevelopment of the District is necessary and appropriate in the interest
of the residents of the City of Dubuque, Iowa and setting this for public hearing on 4/19/04 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 Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
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Community Development Advisory Commission (One 3-Year Term through 2/15/07 from
Low/Moderate Income Area: Applicant: Michael Gukeisen. Mr. Gukeisen spoke.
Housing Code Appeals Board (One Unexpired 3-Year Term through 1/11/06) Applicant:
Thomas G. Swift.
Appointments to 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. Upon motion William J. Kinsella, Robert Schaub and Edward
Swift reappointed to terms which will expire 1/11/07.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Residential Parking Permit District - Rosemont Street: Proof of publication on notice of
hearing to consider the establishment of a Residential Parking Permit District on Rosemont
Street between Pennsylvania Avenue and Creston Court and City Manager recommending
approval, upon motion received and filed.
Jeff Lippstock, 1792 Rosemont and John Simon, 1820 Rosemont, spoke in favor of the
requested Parking Permit District.
Ordinance No. 9-04 Amending the Code of Ordinances of the City of Dubuque, Iowa by
modifying Subsection (A) of Section 32-397 thereof providing for the designation of Rosemont
Street from Pennsylvania Avenue to Creston Court as a Residential Parking Permit 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.
Fremont Avenue Reconstruction Project: Proof of publication on notice of hearing and notice
to bidders and City Manager recommending approval of the plans and specifications for the
Fremont Avenue Reconstruction Project, upon motion received and filed. Markham moved
adoption of Resolution No. 87~04 Adopting plans and specifications and Resolution No. 88-
04 With respect to the adoption of the Resolution of Necessity proposed for the Fremont
Avenue Reconstruction Project. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Harvest View Estates Fifth Addition - Final Plat: City Manager recommending approval of
the final plat for the Harvest View Estates Fifth Addition, upon motion received and filed.
Markham moved adoption of Resolution No. 89-04 Approving the final plat of Harvest View
Estates Fifth Addition, in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-
O.
Joint City/County Fringe Area Policy Agreement: Communication from the Joint City/County
Planning Committee recommending adoption of the Fringe Area Policy Agreement between
the City of Dubuque and Dubuque County for the two mile fringe area around Dubuque; Long
Range Planning Advisory Commission recommending adoption of the Fringe Area Policy
Agreement as developed by the Joint City/County Planning Committee; Communication from
Planning Services Manager Laura Carstens to Dubuque County Zoning Administrator Anna
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O'Shea providing information about pre-annexation agreements and minutes of the February
19, 2004 Joint City/County Planning Committee, upon motion received and filed. Michalski
moved adoption of Resolution No. 90-04 Adopting a Fringe Area Policy Agreement between
Dubuque County and the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0.
Stormwater Utility Credit Policy: City Manager recommending adoption of the Stormwater
Management Utility Policies and Procedures Manual prepared by City staff and CDM, the
City's stormwater utility consultant, and the procedures and policies established within the
manual, upon motion received and filed and approved recommendation.
Busted Lift Special Event: City Manager submitting information regarding the Busted Lift's
request to hold a St. Patrick's Day event, upon motion received and filed and approved
request and directed that a detailed memo be given to the Council on how it went.
Grand River Center - Bid Package #3 Retainage Reduction: City Manager recommending
requests for payment for the Grand River Center and that the retainage be reduced, upon
motion received and filed. Buol moved adoption of Resolution No. 91-04 Authorizing the
release of retained funds to J.P. Cullen & Sons, Inc. for the construction of the Grand River
Center. Seconded by Cline. Motion carried 7-0.
PUBLIC INPUT
S. A. Sutton, 1875 Custer St., spoke of the recent rockslide at 2800 Rhomberg where the
proposed condominium complex is to be constructed and questioned City action. Michalski,
Cline and Connors requested that this be checked out by the City.
At 7:10 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition-
Chapter 21.5(1)0) 2003 Code of Iowa.
At 7:26 Council reconvened Regular Session with statement that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:27 P.M.
/}~~~/~k2J
~~~e F. Schneider, CMC
City Clerk
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