6 21 04 Minutes this meeting
J!!I
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Meeting, Regular Session, June 21, 2004
City Council met 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
Absent: City Manager Van Milligan
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 Pastor Steve Meysing of St. John's Lutheran Church.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 5/25; City Council of 6/7; Environmental
Stewardship Advisory Commission of 6/1; Historic Preservation Commission of 5/19; Housing Code
Appeals Board of 5/18; Human Rights Commission of 5/10; Library Board of 4/22; Zoning Advisory
Commission of 6/2; Zoning Board of Adjustment of 5/27, upon motion received and filed.
Proofs of publication for City Council Proceedings of May 17 and June 1, 2004 and List of Claims
and Summary of Revenues for month ending April 30, 2004, upon motion received and filed.
Printed Council Proceedings of March, 2004, upon motion received and filed and approved as
printed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending May 31,
2004, upon motion received and filed.
Notice of Claims/Suits: Timothy G. Clark on behalf of Tanner G. Clark for personal injury; Deutsche
Bank Trust Company v. City of Dubuque, et al; Joe and Shaunda Steffen for property damage; Rita
R. Stevenson for vehicle 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: Sandra G. Adams for
personal injury; William Felderman for property damage; Jodi McDonell for vehicle damage; Joe and
Shaunda Steffen for property damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the back pay claim of William Kelly, upon motion
received and filed and concurred and directed Finance Director to issue proper payment.
Development Agreement for Westbrook Subdivision: City Manager recommending approval of a
revised Development Agreement with Callahan Construction, Inc., for development of affordable
single-family housing in the Westbrook Subdivision, upon motion received and filed and approved
recommendation.
Tri-State Community Health Center Application: City Manager communication to the Bureau of
Primary Health Care in support of the Tri-State Community Health Center's application for a federally
qualified community health center, upon motion received and filed and approved.
Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending approval of
the renewal rates submitted by Allianz for specific and aggregate stop loss insurance for the City's
health plans, upon motion received and filed and approved.
Health Choices Administrative Services Fee: City Manager recommending approval of the
administrative services fee presented by Health Choices for the period May 1, 2004 through June 30,
2006, upon motion received and filed and approved recommendation.
Collective Bargaining Agreement with Amalgamated Transit Union, Local #329: City Manager
recommending approval of the collective bargaining agreement between the City and the
Amalgamated Transit Union effective July 1, 2004, upon motion received and filed. Buol moved
adoption of Resolution No. 249-04 Approving the agreement between the City of Dubuque, Iowa and
the Amalgamated Transit Union, Local #329 and authorizing the Mayor to sign the agreement.
Seconded by Markham. Motion carried 7-0.
Forest Grange Subdivision #3 - Preliminary Plat: Zoning Advisory Commission recommending
approval of the preliminary plat of Forest Grange Subdivision #3, located on Kennedy Road near
Rustic Forest Road in Dubuque County, as requested by Buesing and Associates/Jim Gantz, Lime
Rock Springs Company, upon motion received and filed and approved recommendation.
Oberbroeckling Subdivision No.2: Zoning Advisory Commission recommending approval of the
minor final plat of Oberbroeckling Subdivision No.2 located at 12463 North Cascade Road, as
requested by John Oberbroeckling, upon motion received and filed. Buol moved adoption of
Resolution No. 250-04 Approving the final plat of Lot 1, 2 and 3 of Oberbroeckling Subdivision No.2.
Seconded by Markham. Motion carried 7-0.
In-Line Skate Rink Project: City Manager recommending acceptance of the In-Line Skate Rink
Project as completed by Fondell Excavating in the final contract amount of $85,850.80, upon motion
received and filed. Buol moved adoption of Resolution No. 251-04 Accepting improvement and
Resolution No. 252-04 Approving final contract amount. Seconded by Markham. Motion carried 7-0.
Agreement with Hillcrest Family Services for Use of Murphy Park: City Manager recommending
approval of an agreement with Hillcrest Family Services for use of Murphy Park to set up a holiday
light display, upon motion received and filed and approved recommendation.
Citizen Communication: Communication from Richard E. Koob, 330 Olympic Heights, regarding a
north end junkyard and requesting that junkyards be inspected, upon motion received and filed and
referred to the City Manager.
Chaplain Schmitt Memorial: City Manager advising that the new leaseholder for this property has
agreed to try to improve the accessibility and requesting time to work on this issue with the
leaseholder, upon motion received and filed and approved.
Communication from Walter A. Pregler, 2966 Shiras Avenue, regarding the Chaplain Schmitt
Memorial, upon motion received and filed.
American Red Cross of the Tri-States: Communication from Stan Schwartz, Executive Director -
American Red Cross of the Tri-States, thanking the City and the community for assistance in raising
the necessary funds to purchase an Emergency Response Vehicle (ERV), upon motion received and
filed.
2
Flood Hazard Mitigation Demolition Project - Phase II: City Manager recommending acceptance of
the Flood Hazard Mitigation Demolition Project - Phase II as completed by Top Grade Excavating,
Inc., in the final contract amount of $18,826.65, upon motion received and filed. Buol moved adoption
of Resolution No. 253-04 Accepting improvement and Resolution No. 254-04 Approving final contract
amount. Seconded by Markham. Motion carried 7-0.
Contract for State Brownfield Grant: City Manager recommending approval of a State of Iowa
Brownfield Project Financial Assistance Agreement for $142,655 for petroleum cleanup in the Port of
Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 255-04
Authorizing the execution of a Brownfield Project Financial Assistance Agreement for One Hundred
Forty-Two Thousand Six Hundred Fifty-Five Dollars ($142,655) for petroleum cleanup in the Port of
Dubuque. Seconded by Markham. Motion carried 7-0.
Dubuque Industrial Center West Third Addition - Engineering Consultant: City Manager
recommending approval of the selection of IIW as the engineering consultant for the Dubuque
Industrial Center West (DICW) 3rd Addition, upon motion received and filed. Buol moved adoption of
Resolution No. 256-04 Authorizing contract with IIW Engineers & Surveyors, P.C. for the design and
engineering of Dubuque Industrial Center West - 3rd Addition. Seconded by Markham. Motion
carried 7-0.
US 20 Reconstruction Agreement: City Manager recommending approval of a predesign agreement
among the Iowa Department of Transportation (Iowa DOT), the County of Dubuque, and the City of
Dubuque for the extension or improvement of US 20 as a controlled access facility within Dubuque
County and the City of Dubuque, upon motion received and filed. Buol moved adoption of
Resolution No. 257-04 Approving the Predesign Agreement among the City of Dubuque, County of
Dubuque, and the Iowa Department of Transportation for the US 20 Reconstruction Project (NHS-20-
9(121)-19-31). Seconded by Markham. Motion carried 7-0.
Five Flags Civic Center Commission: Gary Dolphin submitting his resignation from the Five Flags
Civic Center Commission, upon motion received and filed.
Dubuque County Historical Society Sublease: City Manager recommending approval of a sublease
agreement between the Dubuque County Historical Society and the National Audubon Society to
allow the docking of the Audubon Ark (the Lily Belle) as requested by Jerry Enzler, Executive Director
of the DCHS, upon motion received and filed and approved recommendation.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors requesting that the City of Dubuque Transit Division become a certified HCBS
Transportation Provider, upon motion received and filed and referred to the City Manager.
City of Asbury: Communication from Richard A. Anderson, Mayor of Asbury, advising that they will
be working with City Manager Michael C. Van Milligen to prepare a plan of action for the severance of
parcels to be annexed by the City of Asbury, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 258-04 Granting the issuance of two
new licenses to sell cigarettes and cigarette papers to Dubuque Discount Gas #3 and Rainbo Oil
Company; Resolution No. 259-04 Granting the issuance of 21 renewal licenses to sell cigarette and
cigarette papers; Resolution No. 260-04 Granting the issuance of a Class "B" Beer (5-Day Special
Event) to Dubuque Jaycees (Tents A, B and C), Rotary Club and Tri-State Independent Blind
Society; and Class "C" Beer Permits to Kwik Stop Food Mart, Oky Doky #14, Keywest Conoco and
Dubuque Discount Gas #3; and Resolution No. 261-04 Granting the issuance of a Class "C"
3
Beer/Liquor License to Applebee's, Paul's Tap, Murphy's South End Tap, American Legion #6,
Dubuque Mining Company, and SMG Five Flags Center; and Special Class "C" Liquor to Four
Seasons Buffet, Grape Harbor (Sidewalk Outdoor Sale) and Café Manna Java (Sidewalk Outdoor
Sale). Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Blanche Avenue - Request to Vacate: City Manager recommending that a public hearing be set for
July 6, 2004 to consider a request from John M. Lanser and Jean M. Mastin to vacate Blanche
Avenue from Vivian Avenue west 250 feet, upon motion received and filed. Cline moved adoption of
Resolution No. 262-04 Of intent to dispose of City Interest in Lot 136A of Maple Leaf Addition in the
City of Dubuque, Dubuque County, Iowa and set public hearing for 7/6/04 at a meeting to commence
at 6:30 p.m. in the public library auditorium and direct the City Clerk to publish notice in the manner
prescribed by law. Seconded by Nicholson. Motion carried 7-0.
Greater Downtown Urban Renewal District Amendment: City Manager recommending adoption of a
Resolution of Necessity to begin the process of amending the Urban Renewal Plan for the Greater
Downtown Urban Renewal District and to set a public hearing for August 2, 2004 to consider said
amendment, upon motion received and filed. Cline moved adoption of Resolution No. 263-04 Of
Necessity finding that an amendment to the Urban Renewal Plan for the Greater Downtown Urban
Renewal District is necessary in the interest of the residents of the City of Dubuque, Iowa, and set
this for public hearing on 8/2/04 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. Seconded by
Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commissions:
Historic Preservation Commission (Two three-year terms which will expire 7/1/07 [Jackson Park
District - term of Bichell and West 11th District - Term of Whalen]; One unexpired three year term
through 7/1/05) Applicants: David Stuart for Jackson Park, Timothy Goen for West 11th Street.
David Stuart spoke explaining he would like to represent the Jackson Park District, thus allowing the
At Large position to be filled by someone else.
Investment Oversight Commission (Two three-year terms which will expire 7/1/07) Applicants:
Stephen Reisdorf; Gary Ruden. No one spoke.
Zoning Advisory Commission (Two three-year terms which will expire 7/1/07) Applicants: Eugene
Bird, Jeff Stiles. Jeff Stiles spoke requesting consideration for reappointment. He also stated that
Eugene Bird could not be in attendance but was interested in reappointment.
Appointments to the following Boards/Commissions:
Long Range Planning Advisory Commission (Two vacancies which will expire 7/1/07) Applicant:
Charles Winterwood. Upon motion Charles Winterwood, M.D. was reappointed to a three year term
which will expire 7/1/07.
Park and Recreation Commission (Three vacancies which will expire 6/30/07 - Terms of Lyness,
Harjehausen, Hoffmann) Applicants: Gary L. Ha~ehausen, Paul F. Hoffmann, Karen Lyness, Evelyn
Nadeau. Upon vote, Karen Lyness, Gary Harjehausen and Paul F. Hoffmann were reappointed to
the Park & Recreation Commission for three year terms which will expire 6/30/07.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
4
4039 Pennsylvania Avenue - Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 4039 Pennsylvania Avenue from R-3 Moderate Density Multi-
Family Residential to C-2 Neighborhood Shopping Center District at the request of Buesing and
Associates/Paul Fahey, Riverdream Properties, and Zoning Advisory Commission recommending
approval, upon motion received and filed.
Jill Reimer, representing Kwik Stop and the Dairy Queen, spoke requesting the change in zoning
which would allow the business to expand and have a drive through.
Ordinance No. 38-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 4039 Pennsylvania Avenue
from R-3 Moderate Density Multi-Family District to C-2 Neighborhood Shopping Center 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 Markham. Motion carried 7-0.
Southeast Comer of Old Highway Road and Cousins Road - Request to Rezone: Proof of
publication on notice of hearing to consider rezoning property located at the southeast corner of Old
Highway Road and Cousins Road from AG Agricultural District to R-1 Single-Family Residential
District as requested by Paul Cate and Zoning Advisory Commission recommending approval, upon
motion received and filed.
Paul Cate spoke in favor of the requested rezoning.
Ordinance No. 39-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located near the southeast corner of
Old Highway Road and Cousins Road from AG Agricultural District to R-1 Single-Family Residential
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 Markham. Motion carried 7-0.
Alley Vacating Petition: Proof of publication on notice of hearing to consider a request from Randy
E. and Pamela J. Davis, Benjamin J. Mueller and Margaret M. Mueller to vacate and purchase a
portion of the alley between 825 and 855 Salem Street from Roosevelt to Salem and City Manager
recommending approval, upon motion received and filed. Buol moved adoption of Resolution No.
264-04 Approving plat of the proposed vacated alley between 825 and 855 Salem Street from
Roosevelt to Salem. Seconded by Michalski. Motion carried 7-0. Ordinance No. 40-04 Vacating
the alley between 825 and 855 Salem Street from Roosevelt to Salem, 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-
O. Buol moved adoption of Resolution No. 265-04 Disposing of City interest in Lot 179A, Lot 180A,
and Lot 181A of O'Neill's Addition in North Dubuque, Dubuque, Iowa. Seconded by Michalski.
Motion carried 7-0.
Mediacom Franchise Extension: Proof of publication on notice of hearing to consider an additional
short-term extension through December 31,2004 of the existing Mediacom cable franchise and side
agreements under the terms currently in effect and City Manager recommending approval, upon
motion received and filed. Ordinance No. 41-04 Extending the term of the existing Cable Franchise
Agreement and Hub Site Lease of MCClowa, L.L.C. to December 31, 2004, 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
5
further moved final consideration and passage of the Ordinance.
carried 7-0.
Seconded by Markham. Motion
Upon motion it was resolved to reinstate the rule limiting discussion to Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater
Dubuque Development Corporation, spoke giving a comprehensive quarterly report. Upon motion
received and filed.
Ice Harbor Drive: Zoning Advisory Commission recommending approval of the designation of Ice
Harbor Drive in the Port of Dubuque as requested by the City of Dubuque, upon motion received and
filed. Ordinance No. 42-04 Renaming a portion of the street currently named East Fourth Street to
Ice Harbor Drive and designating a new street between First Street and East Fourth Street as Ice
Harbor Drive in the Port of Dubuque, 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 Nicholson. Motion carried 7-0.
Paradise Hills 2nd Addition - Preliminary Plat: Zoning Advisory Commission recommending approval
of the preliminary plat of Paradise Hills 2nd Addition on Humke Road, subject to waiving the private
street standard for paving thickness and base stone, as requested by Roger and Lois Schueller and
City Manager recommending approval of the preliminary plat of Paradise Hills 2nd Addition without
the street standard waiver, presented and read.
Roger Schueller, 16150 Humke Rd., spoke in favor of the waiver.
Markham moved to receive and file the communications and approve the plat without the street
waiver. Seconded by Buol. Carried by the following vote: Yeas-Buol, Connors, Michalski,
Nicholson. Nays-Cline, Duggan, Markham.
Cedar Crest Subdivision - Final Plat: City Manager recommending approval of the final plat of
Cedar Crest Subdivision located north of U.S. Highway 20 and east of Cottingham Road, upon
motion received and filed. Buol moved adoption of Resolution No. 266-04 Approving the final plat of
Lots 34 thru 116, inclusive, of Cedar Crest Subdivision in Dubuque County, Iowa. Seconded by
Connors. Motion carried 7-0.
Five Flags Management Agreement: City Manager recommending approval of the Five Flags
Management Agreement with SMG beginning July 1, 2004, upon motion received and filed and
approved recommendation. Glen Mon of SMG spoke about their proposed course of action.
Sewer Ordinance Update: City Manager recommending approval of a change to the Code of
Ordinances authorizing the City Manager to order immediate connection of a private on-site sewage
treatment and disposal system if there is a public health threat, upon motion received and filed.
Ordinance No. 43-04 Amending Chapter 44, Utilities, Section 44-55, Abandonment of Private On-
Site Sewage Treatment and Disposal System Upon Availability of Public Sewer, 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.
6
Proposed Standard for Sidewalk Paving Patterns: City Manager recommending approval of a
proposed standard for sidewalk paving patterns to guide future sidewalk improvement projects in the
downtown or requesting that a worksession be scheduled on the issue; Historic Preservation
Commission recommending a modification to the proposed standard for sidewalk paving patterns in
the Old Main, Cathedral and Jackson Park historic districts as requested by the City of Dubuque
Engineering Division, presented and read. Upon motion it was resolved to refer to Staff for more
information and to schedule a work session for further discussion of the proposed standards.
Dubuque County Conservation Board Grant Request: City Manager recommending that the City
provide $10,000 match towards the Dubuque County Conservation Board's Vision Iowa/CAT
application for improvements to Massey Station, upon motion received and filed and approved.
Dubuque Greyhound Park and Casino: City Manager recommending approval of the installation of
temporary stop signs at the three-way intersection of Admiral Sheehy Drive and Dubuque Greyhound
Park Road due to the increased construction traffic, upon motion received and filed. Ordinance No.
44-04 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b)
of Section 32-214 thereof providing for the addition of stop signs at the intersection of Admiral
Sheehy Drive and Greyhound Park Road, 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.
Fiscal Year 2005 Legislative Priorities: City Manager recommending approval of the City of
Dubuque's Legislative Priorities for Fiscal Year 2005, upon motion received and filed.
City Council Meeting Date: Ordinance No. 45-04 Establishing the date for the first regular meeting
of July of the City Council of the City of Dubuque as July 6, 2004, 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.
COUNCIL MEMBER REPORTS
Nicholson requested Staff look at the intersection of Fifth and Bell Street in the Port of Dubuque
with regard to the traffic control signage.
There being no further business, upon motion meeting adjoumed at 7:59 P.M.
1t 6/30
~
7