5 17 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, May 17, 2004
Council met in Special Session at 5:00 P.M. in the Library Auditorium
Present: Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager
Michael Van Milligen
Absent: Mayor Duggan, Corporation Counsel Lindahl.
Mayor Pro-Tem Nicholson read the call and stated this is a special session of the City Council
called for the purpose of discussing the Bee Branch Restoration Alignment Study.
Dan Lau of Camp, Dresser and McGhee (CDM - stormwater consultants) gave a presentation on
the proposed Study. .
Charles Winterwood, Laurie Bartolotta, Faith Kramer, Frank Miller, Audrey Morey, Michelle Harry,
members of, the Bee Branch Citizens Advisory Committee, spoke regarding the process used in
developing ¡the preliminary alignment recommendation. Council Member Markham stated that
stormwater control is at the top of the concerns list with every trip to Washington requesting funding.
Council consensus clarified there was no problem with the proposed alignment but thought that the
$41 million cost was not feasible. .
Council Member Nicholson requested that the committee re-Iook at the alignment from the Railroad
to Sixteenth 51.
Wayne Klostermann spoke stressing that the traffic flow needs to be considered as part of the
recommendation.
At 6:29 P.M. there being no further business, upon motion the meeting was adjourned.
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sl Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, May 17, 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 Michael 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 Merlin Schlichting, Pastor of S1. Peter Lutheran Church.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 4/26; Cable TV Teleprogramming
Commission of 4/26; City Council of 5/3; Human Rights Commission of 4/12; Investment Oversight
Advisory Commission of 4/29; Park and Recreátion Commission of 4/13; Zoning Advisory
Commission of 5/5; Zoning Board of Adjustment of 4/22, upon motion received and filed.
Proofs of publication of City Council Proceedings of 4/19 and List of Claims and Summary of
Revenues for month ending March 31, 2004, upon motion received and filed.
Investment Oversight Commission 44th Quarterly Report, upon motion received and filed.
Notice of Claims/Suits: Dan Galle for vehicle damage; Angela McCarthy for personal injury, 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: Angela McCarthy for
personal injury, upon motion received and filed and concurred.
Citizen Communications:
Communications from Sara Mewbourne and Realtors Janann Kleinstiver and John Klauer regarding
sewer problems at 335 Klingenberg Terrace and requesting City assistance, upon motion received
and filed and referred to the City Manager.
Communication from Sister Bernadine Curoe, SVM, submitting a petition in support of amending the
current non-discrimination ordinance to include the category of sexual orientation, upon motion
received and filed and referred to the City Manager.
Tentative Agreement with the Dubuque Professional Firefighter's Association, Local #353: City
Manager recommending approval of a Tentative Agreement between the City of Dubuque and the
Dubuque Professional Firefighter's Association, Local #353, upon motion received and filed. Buol
moved adoption of Resolution No. 199-04 Accepting the Tentative Agreement between the City of
Dubuque, Iowa, and the Dubuque Professional Firefighters' Association, Local #353 and authorizing
the Mayor to sign the agreement. Seconded by Markham. Motion carried 7-0.
Parking Enforcement Software: City Manager recommending acceptance of the Parking
Enforcement Software Project, as completed by EDC Corporation, in the final contract amount of
$77,525, upon motion received and filed. Buol moved adoption of Resolution No. 200-04 Accepting
parking enforcement software and Resolution No. 201-04 Final estimate for the parking enforcement
software. Seconded by Markham. Motion carried 7-0.
Iowa Street Ramp Skywalk Improvement Project: City Manager recommending acceptance of the
Iowa Street Ramp Skywalk Project, as completed by Dubuque Glass Company and Prostruct
Construction, in the final contract amount of $50,241.83, upon motion received and filed. Buol
moved adoption of Resolution No. 202-04 Accepting improvement for the Iowa Street Ramp Skywalk
Project and Resolution No. 203-04 Final estimate for the Iowa Street Ramp Skywalk Project.
Seconded by Markham. Motion carried 7-0.
Community Development Financial Institution (CDFI) Study: City Manager recommending approval
to enter into a contract with Paige Chapel, co-funded by Dubuque Bank and Trust, for the purpose of
an initial assessment of the feasibility of establishing a community development financial institution
(CDFI) in Dubuque, upon motion received and filed and approved recommendation.
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Phase V - ArchitecturallHistoric Survey Consultant: City Manager recommending approval of the
selection of Jim Jacobsen as the consultant for Phase V of the ArchitecturallHistoric Survey which
. involves the survey of Dubuque's oldest residential neighborhoods adjacent to the downtown area,
upon motion received and filed. Buol moved adoption of Resolution No. 204-04 Approving a
contract for Phase V ArchitecturallHistoric Survey/Evaluation. Seconded by Markham. Motion
carried 7-0.
Save America's Treasures Grant Application: City Manager recommending approval of a Save
America's Treasures grant application in the amount of $300,000 for the Dubuque Shot Tower
Rehabilitation Project, upon motion received and filed. Buol moved adoption of Resolution No. 205-
04 Authorizing submittal of a grant application for rehabilitation of the Dubuque Shot Tower.
Seconded by Markham. Motion carried 7-0.
Water Meter Reading Contract Renewal: City Manager recommending approval of a third five-year
renewal of the City of Dubuque water meter-reading contract with Aquila effective July 1, 2004, upon
motion received and filed and approved renewal of contract.
Fiscal Year 2005 Annual Action Plan - Amendment #1: City Manager recommending approval of
an amendment to the City's Community Development Block Grant (CDBG) Fiscal Year 2005 Annual
Plan to provide for additional funding for the Community Partnership (cp2) program, upon motion
received and filed. Buol moved adoption of Resolution No. 206-04 Approving Amendment #1 to the
Fiscal Year 2005 (Program Year 2004) Annual Action Plan for Community Development Block Grant
funds. Seconded by Markham. Motion carried 7-0.
Community Partnership (cp2) Program - Fiscal Year 2005 Recommendation: City Manager
recommending approval of the Community Development Advisory Commission's allocation of
Community Partnership Program (cp2) funds for Fiscal Year 2005, upon motion received and filed.
Buol moved adoption of Resolution No. 207-04 Authorizing the award of Community Partnership
Program (cp2) Funds for Fiscal Year 2005. Seconded by Markham. Motion carried 7-0.
Purchase of Property: City Manager recommending approval of the purchase of a residential
dwelling located at 827 West 32nd Street as part of the acquisition program associated with
expansion of the West 32nd Street detention basin, upon motion received and filed. Buol moved
adoption of Resolution No. 208-04 Approving the acquisition of real estate located at 827 West 32nd
Street in the City of Dubuque. Seconded by Markham. Motion carried 7-0.
Heartland Financial Downtown Rehab Loan: City Manager recommending approval of a
Memorandum of Understanding with Heartland Financial to provide certain financial assistance for
the rehabilitation of the former Walsh Store Building, including a $300,000 Downtown Rehabilitation
Loan, upon motion received and filed. Buol moved adoption of Resolution No. 209-04 Authorizing a
Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan to
Heartland Financial USA, Inc. Seconded by Markham. Motion carried 7-0.
Pvt. Michael Deutsch Resolution: Communication from Terry L. Cox, City Administrator of Harlan,
Iowa, submitting a resolution of sympathy and support in honor of Pvt. Michael Deutsch, upon motion
received and filed and directed that a letter of thanks be sent to the City of Harlan.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising
that the West Eleventh Street Historic District and the Langworthy Historic District will be considered
by the State National Register Nominations Review Committee for nomination to the National
Register of Historic Places on June 11, 2004, upon motion received and filed.
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Business Licenses: Buol moved adoption of Resolution No. 210-04 Granting the issuance of a
Class "B" Beer (5-Day Special Event) Permit to Dubuque Jaycees (ARC Games, Main Event, Grand
Excursion and All That Jazz) and Dubuque Rotary (Grand Excursion); Class "B" Permit to Pizza Hut
(2075 John F. Kennedy Road and 320 East 20th Street); and Class "C" Beer Permit to Casey's
General Store #2420 and Casey's General Store #2421 and Resolution No. 211-04 Granting the
issuance of a Class "A" (Club) Liquor License to Dubuque Golf"and Country Club; Class "C"
BeerlLiquor License to Corner Tap, Tott's Tap, Easy Street and Clarke College; and Special Class
"C" Liquor License to Athenian Grill. Seconded by Markham. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Julien Dubuque Drive Planned Industrial District: Proof of publication on notice of hearing to
consider an amendment to the Julien Dubuque Drive Planned Industrial District to allow off-premise
signs (billboards) in Zone A as per Heavy Industrial bulk standards at the request of Flint DrakelBird
Sign, Inc. and Zoning Advisory Commission recommending denial, upon motion received and filed.
Ordinance No. 31-04 Repealing Section E(3) of Ordinance No. 17-84 and enacting a new Section
E(3) in lieu thereof pertaining to off-premise signage requirements of the Julien Dubuque Drive PI
Planned Industrial District, presented and read.
David Hartig, 1255 Southern and Wayne Buchholz, Park Ranger for the IA DNR, spoke in
opposition to this proposed zoning amendment
Gene Bird, Bird Sign Co., spoke in support of the proposed amendment.
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.
Carried by the following motion: Yeas-Buol, Cline, Connors, Duggan, Markham, Nicholson. Nays-
Michalski.
Text Amendment - Greater Downtown Urban Renewal District: Proof of publication on notice of
hearing to consider an amendment to the C-5 Business District to coincide with the Greater
Downtown Urban Renewal District regarding regulation of off-street parking as requested by the City
of Dubuque and the Zoning Advisory Commission recommending approval, upon motion received
and filed.
Ordinance No. 32-04 amending Section 3-3.5(G)(E) of the City of Dubuque Code of Ordinances by
revising the off-street parking requirements in the C-5 Business 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 Nicholson. Motion carried
7-0.
Sale of Park Property: Proof of publication on notice of hearing to consider a request from Jeffrey
and Julie Ann Chase to purchase a portion of Gay Park and City Manager recommending approval,
upon motion received and filed.
Jeff Chase, 654 Kane, spoke requesting the sale.
Cline moved adoption of Resolution No. 212-04 Approving plat of Lot 1-3 and Lot 2-3 of
Grommersch Place, Dubuque, Iowa and Resolution No. 213-04 Disposing of City interest in Lot 1-3
of Grommersch Place, Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
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Residential Parking Permit District: Proof of publication on notice of hearing to consider establishing
a Residential Parking Permit District on West 15th Street from Comell Street to Fairview Street, West
. 16th Street from Catherine Street to Fairview Place, Cornell Street and Picket Street as requested by
the residents of the area and City Manager recommending approval, upon motion received and filed.
Mary Ritt, 1531 Cornell St., Dave Schroeder, 1493 Cornell, Gary Schlosser, 1589 Cornell and Dave
Campbell, 569 W. 16th all spoke in favor of this Residential Parking Permit District.
Ordinance No. 33-04 Amending the Code of Ordinances of the Cit~ of Dubuque, Iowa, by adopting
a new Section 32-400 Providing for the Designation of West 15 h Street from Comell Street to
Fairview Street, West 16th Street from Catherine Street to Fairview Place, Cornell Street, and Pickett
Street as a Residential Parking Permit District and Ordinance No. 34-04 Amending Section 32-262(d)
of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or
portions thereof by adding May Place from Cornell Street to its westerly terminus, presented and
read. Michalski moved that the requirement that the proposed Ordinances be considered and voted
on for passage at two Council Meetings prior to the meeting at they are to be finally passed be
suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol.
Motion carried 7-0.
Tax Increment Revenue Bonds - Lower Main Development, L.L.C.: Proof of publication on notice
of hearing to consider the issuance of not to exceed $185,000 in urban renewal tax increment
revenue bo~ds to support Lower Main Development, L.L.C.'s redevelopment of the former Weber
Paper Company Building and City Manager recommending approval, upon motion received and filed.
Markham moved adoption of Resolution No. 214-04 Instituting proceedings to take additional action
for the issuance of not to exceed $185,000 Urban Renewal Tax Increment Revenue Notes and
Resolution No. 215-04 Authorizing and providing for the issuance of $182,000 Urban Renewal Tax
Increment Revenue Notes, Taxable Series 2004, of the City of Dubuque, Iowa, and providing for the
securing of such notes for the purpose of carrying out an Urban Renewal Project in the area of the
City of Dubuque, Iowa designated as the Greater Downtown Urban Renewal District. Seconded by
Cline. Motion carried 7-0.
Operations and Service Center Construction Project: Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on the receipt of bids, and City Manager
recommending that the public hearing on the Operations and Service Center Construction Project be
tabled to June 7, 2004, upon motion Council tabled public hearing to June 7, 2004.
26th Street Storm Sewer Extension Project: Proofs 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 26th Street Storm Sewer Extension Project to Drew Cook & Sons Excavating Co.,
Inc., in the amount of $28,902.80, upon motion received and filed. Cline moved adoption of
Resolution No. 216-04 Adopting plans and specifications and Resolution No. 217-04 Awarding
contract. Seconded by Nicholson. Motion carried 7-0.
2004 Asphalt Paving Project: Proofs 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 2004 Asphalt Paving Project to River City Paving, in the amount of $1,206,117.13, upon
motion received and filed. Buol moved adoption of Resolution No. 218-04 Adopting plans and
specifications and Resolution No. 219-04 Awarding contract. Seconded by Markham. Motion
carried 7-0.
Concrete Section Repair and Overlay of Samuel Street: Proofs 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 Samuel Street Repair Project to River City Paving, in the
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amount of $110,204.20, upon motion received and filed. Cline moved adoption of Resolution No.
220-04 Adopting plans and specifications and Resolution No. 221-04 Awarding contract. Seconded
by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Grandview Avenue Parkway Demolition District: Historic Preservation Commission recommending
City Council approval of the establishment of the Grandview Avenue Parkway Demolition District:
Communication from Rosemary Kieffer, 70 North Grandview Avenue, in opposition to the proposed
demolition district; Communication of Sheila and Erich Vierkant in opposition to the Grandview
Avenue Demolition District and requesting that the City Council allow public input regarding the issue;
Communication of Alfred E. Hughes, 150 South Grandview Avenue, in opposition to the proposed
demolition district; Communication of Marvin R. Heiderscheit submitting petitions of residents who
have changed their position regarding the proposed demolition district and those in opposition to the
district and requesting that citizen input be allowed on the issue; Communication of Tammy Pfab
requesting that she or Joan Belcastro be allowed to address the Council regarding the proposed
demolition district, communication from Chris Wand, Historic Preservation Commission Chair,
requesting this item be withdrawn from the Agenda and an Ordinance Amending Chapter 11
(Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4(a) to
establish the Grandview Avenue Parkway Demolition District, presented and read.
Markham moved that the communications be received and filed and directed that this item not be
pulled from the Agenda. Seconded by Buol. Carried by the following vote: Yeas-Buol, Cline,
Connors, Duggan, Markham. Nays-Michalski, Nicholson.
Markham moved to deny the requested establishment of the Grandview Avenue Parkway
Demolition District. Seconded by Buol. Carried by the following vote: Yeas-Buol, Cline, Connors,
Duggan, Markham. Nays-Michalski, Nicholson.
Establishment of Fair Market Value - Eunice and James Newman; City Manager recommending
approval of the establishment of the fair market value of the Eunice and James Newman property
needed for right-of-way for the realignment of University Avenue from Ethel Street to US 20 at the
entrance to Theisen's, upon motion received and filed. Nicholson moved adoption of Resolution No.
222-04 Establishing fair market value for the acquisition of certain real property owned by James E.
Newman in the City of Dubuque, Iowa for the University Avenue extension project. Seconded by
Connors. Motion carried 7-0.
Tax Increment Ordinance for the Greater Downtown Urban Renewal District: City Manager
recommending approval of a tax increment ordinance for the Greater Downtown Urban Renewal
District to assist future public and private development efforts in the downtown and riverfront area,
upon motion received and filed. Ordinance No. 35-04 Amending Ordinance Nos. 30-82 and 66-89,
each as previously amended, providing that general property taxes levied and collected each year on
all property located within the Greater Downtown Urban Renewal District of the City of Dubuque,
County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque,
County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a
special fund for payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal
Plan for the Greater Downtown Urban Renewal 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 Michalski. Motion carried 7-0.
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"No Wake" Zone: Communication of Michael Woodyard, Commodore of the Julien Dubuque Yacht
Club, requesting a "no wake" zone in the Mississippi River from the Julien Dubuque Bridge to the
railroad swing and City Manager response to Michael Woodyard, Commodore of the Julien Dubuque
Yacht Club, upon motion receiv~d and filed and referred to the City Manager.
Point of Service Plan: City Manager submitting information regarding the Point of Service health
care plan recently adopted by the City's Health Care Committee, upon motion received and filed.
COUNCIL MEMBER REPORTS
Michalski mentioned an article in the Chicago Tribune about the upcoming Grand Excursion which
mentioned Dubuque. Nicholson congratulated the City Staff on all phases of the welcome and
security for the recent visit of President Bush. Duggan commended staff on the Utility Billing
changes.
CLOSED SESSION
At 7:42 P.M. upon motion Council moved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)O) 2003 Code of Iowa.
At 7:59 P.M. Council reconvened regular session stating staff had been given proper direction.
At 8:00 P.M. there being no further business, upon motion the meeting adjourned.
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Jeanne F. Schneider, CMC
City Clerk
1t 5/26
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