7 19 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, July 19, 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 Pastor Jon Peach, Hope Evangelical Church
Proclamations: Dubuque County Fair Week (July 27 - August 1, 2004) received by Shannon
Lundgren and United Way Campaign Time (August 10 - October 31,2004) received by Doug
Stillings.
Minutes and Reports Submitted: City Council of 7/6; Civil Service Commission of 6/17;
Environmental Stewardship Advisory Commission of 7/6; Historic Preservation Commission of
6/17; Library Board of 5/27; Park and Recreation Commission of 6/8; Zoning Advisory
Commission of 7/7 and Zoning Board of Adjustment of 6/24, upon motion received and filed.
Proofs of publication of City Council Proceedings of 6/21 and 6/29 (On file in the City Clerk's
Office), upon motion received and filed.
Printed Council Proceedings for April 2004, upon motion received and filed and approved as
printed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending June
30,2004 (on file in the City Clerk's Office), upon motion received and filed.
Notice of Claims/Suits: Country Springs Condo Homeowners Association for property
damage; Edwards Concrete Contractors, Inc. vs. City of Dubuque; Henry and Maryjo Haas, Jr.
for vehicle damage, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rick D. Mueller for
vehicle damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Rita R. Stevenson for vehicle
damage and directing the Finance Department to issue payment, upon motion received and
filed and concurred and directed Finance Department to issue payment.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Lead Mechanic and Firefighter, upon motion received and filed and made a matter
of record.
Mediacom: Mediacom 2003 Annual Report (on file in the City Clerk's Office), upon motion
received and filed.
Iowa Department of Economic Development - City Development Board: Communication from
Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact and
Conclusions of Law and the Final Order filed by the City Development Board approving the
voluntary annexation petition submitted by the City of Dubuque, upon motion received and filed.
Plat of Survey - 3860 Asbury Road: Zoning Advisory Commission recommending approval of
a simple plat to divide Lot 1 in Kitchen family properties located at 3860 Asbury Road as
requested by David Schneider/James and Sharon Schneider, upon motion received and filed.
Buol moved adoption of Resolution No. 278-04 Approving the Plat of Survey of Lot 1 of Lot 1 of
Lot 2 of Lot 1 of Kitchen Family Properties in the City of Dubuque, Iowa. Seconded by
Nicholson. Motion carried 7-0.
Scoring of Certified Local Government (CLG) Grant Applications: Historic Preservation
Commission recommending that the City Council support the proposed scoring process
submitted by the State Historical Society of Iowa for Certified Local Government (CLG) Grant
applications, upon motion received and filed and approved recommendation.
Establishment of Fair Market Value: City Manager recommending establishment of the Fair
Market Value for a portion of the property currently owned by Charles R. and Beverly Pullen at
19299 Riverside Road for wetlands mitigation in connection with the University Avenue
extension project, upon motion received and filed. Buol moved adoption of Resolution No. 279-
04 Establishing the Fair Market Value for certain real property owned by Charles R. and
Beverly Pullen in the City of Dubuque, Iowa for wetlands mitigation in connection with the
University Avenue extension project. Seconded by Nicholson. Motion carried 7-0.
Dubuque Yacht Basin - Lease Assignment: City Manager recommending approval of the
assignment of certain leases between the City of Dubuque and Dubuque Yacht Basin, Inc. from
U.S. Bank to American Trust and Savings Bank, upon motion received and filed. Buol moved
adoption of Resolution No. 280-04 Consenting to the assignment of certain leases between the
City of Dubuque, Iowa, and Dubuque Yacht Basin, Inc. to American Trust & Savings Bank.
Seconded by Nicholson. Motion carried 7-0.
US 52 Bridge Repair over Catfish Creek: City Manager recommending approval of an
agreement between the City of Dubuque and the Iowa Department of Transportation for repairs
to the US 52 bridge over Catfish Creek, upon motion received and filed. Buol moved adoption
of Resolution No. 281-04 Approving the agreement between the City of Dubuque and the Iowa
Department of Transportation for repairs to US 52 bridge over Catfish Creek (STPN-52-2-2J-
31). Seconded by Nicholson. Motion carried 7-0.
Port of Dubuque Sign and Landscaping Project - Acceptance: City Manager recommending
acceptance of the Port of Dubuque Sign and Landscaping Project as completed by Portzen
Construction, Inc., in the final contract amount of $78,416.70, upon motion received and filed.
Buol moved adoption of Resolution No. 282-04 Accepting improvement and Resolution No.
283-04 Approving final contract amount. Seconded by Nicholson. Motion carried 7-0.
Holliday Third Addition - Temporary Access: City Manager recommending approval of a
request from Tom Larson of Buesing and Associates, representing McDermott Excavating, to
construct a temporary access on the Northwest Arterial for construction of improvements to
Holliday Third Addition located immediately west of the Northwest Arterial and 1,500 feet south
of Asbury Road, upon motion received and filed and approved recommendation.
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Four Oaks Community Partnership (cp2) Grant - Subcontract Amendment: City Manager
recommending approval of an amendment to the subcontract for services for the Four Oaks
Housing Education and Rehabilitation Training (HEART) Program Community Partnership (cp2)
grant, upon motion received and filed. Buol moved adoption of Resolution No. 284-04
Authorizing Four Oaks, Inc. to amend the subcontract with the Four Mounds Foundation for the
Housing Education and Rehabilitation Training (HEART) Program Community Partnership
Program (cp2) grant. Seconded by Nicholson. Motion carried 7-0.
Dubuque County Historical Society - Subgrantee Agreement: City Manager recommending
approval of a subgrantee agreement with the Dubuque County Historical Society for a Scenic
Byways Grant to prepare Great River Road interpretive signs and a brochure, upon motion
received and filed. Buol moved adoption of Resolution No. 285-04 Approving a Subgrantee
Agreement and Contract for Professional Services between Dubuque County Historical Society
and City of Dubuque for Scenic Byways Project. Seconded by Nicholson. Motion carried 7-0.
Iowa Health Buyers Alliance: City Manager recommending approval of the submittal of a letter
in support of an application to be submitted by the Iowa Health Buyers Alliance to the Federal
Mediation and Conciliation Service, upon motion received and filed and approved
recommendation.
Public Street Standards: City Manager providing information on the City's specifications and
standards for minimum thickness and composition for asphalt and concrete surfaces and
advising that the Engineering Division will provide recommendations to the City Council within
90 days, upon motion received and filed.
Seippel Road Water Main Extension Project: City Manager recommending acceptance of the
Seippel Road Water Main Extension Project as completed by W.C. Stewart Construction, Inc.,
in the final contract amount of $95,866.85, upon motion received and filed. Buol moved
adoption of Resolution No. 286-04 Accepting improvement and Resolution No. 287-04
Approving final contract amount. Seconded by Nicholson. Motion carried 7-0.
City Hall Annex Roof Replacement Project: City Manager recommending acceptance of the
City Hall Annex Roof Replacement Project as completed by Giese Sheet Metal Company, Inc.,
in the final contract amount of $29,500, upon motion received and filed. Buol moved adoption of
Resolution No. 288-04 Accepting improvement and Resolution No. 289-04 Approving final
contract amount. Seconded by Nicholson. Motion carried 7-0.
Confidentiality Agreement - Mediacom: City Manager recommending approval of the
execution of a Confidentiality Agreement with Mediacom to enable City staff, consultants and
attorneys to examine documents, maps and other records supplied which may contain
information the cable operator considers proprietary, upon motion received and filed and
approved recommendation.
Environmental Stewardship Advisory Commission - Youth Position: Communication from
Mary Rose Corrigan, Public Health Specialist, advising that she will be soliciting applications for
the position of Youth Commissioner for the Environmental Stewardship Advisory Commission,
upon motion received and filed.
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Authorization to Sign Checks: City Manager recommending that selected SMG and City
employees be authorized to sign checks for specialized City of Dubuque bank accounts, upon
motion received and filed. Buol moved adoption of Resolution No. 290-04 Authorizing certain
designated employees of the City of Dubuque and SMG authorization to execute checks on
behalf of the City of Dubuque. Seconded by Nicholson. Motion carried 7-0.
Purchase of Mobile Computer Terminals: City Manager recommending approval of the
purchase of mobile computer terminals for the Police Department in the amount of
$110,477.60, upon motion received and filed and approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 291-04 Granting the issuance of
a permit to sell cigarettes and cigarette papers within the City to Kalmes Breaktime Bar and
Grill; Resolution No. 292-04 Granting the issuance of a Class "B" Beer (5-Day Special Event)
Permit to Four Mounds Foundation (#1 and #2), Music N More (Tent 1 and 2); Dubuque Area
Labor Management (Tent A and B); Resolution No. 293-04 Granting the issuance of a Class
"C" Beer/Liquor License to Airport Inn, House of China, Clarke College (One Day Outdoor Sale),
and Jumpers Sports Bar (One Day Outdoor Sale); and Class "C" (5-Day Special Event)
Beer/Liquor License to Dubuque Area Labor Management Council (Tent C). 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:
Historic Preservation Commission (Old Main - One vacancy through 7/1/05; At-Large - One
term through 7/1/06): Applicants: For At-Large - Mary Loney Bichell, Timothy G. Goen,
Matthew Lundh Mary Loney Bichell spoke requesting consideration for appointment.
Transit Board of Trustees (One three-year term through 7/30/07) Applicant: Don Stedman.
No one spoke.
Appointments to the following Commission:
Five Flags Civic Center Commission (One three-year unexpired term which will expire
6/29/06;Three three-year terms which will expire 6/29/07 - terms of Nauman, Bakke, Brannon).
Applicants: Rod Bakke, Michael P. Brannon, Mark Nauman Upon motion Rod Bakke, Michael
P. Brannon and Mark Nauman reappointed to three year terms which will expire 6/29/07.
PUBLIC HEARINGS
University of Dubuque/Institutional District Amendment: Proof of publication on notice of
hearing to consider amending the University of Dubuque Institutional District to allow for the
extension of University Park Drive as requested by the University of Dubuque and Zoning
Advisory Commission recommending approval and letter from Phil Ruppel, upon motion
received and filed.
Tracey Wagner, Vice President of Finance for the University of Dubuque, Tammy Walsh, Dean
of Students at the University of Dubuque, and David Moore, 2535 Park Village and a student at
the University, spoke in support of the proposed rezoning; Gil Crippes, 2180 Hale Street spoke
in opposition to the proposed rezoning stating that work on the roadway had already begun;
Peter Smith, 755 Sunset Ridge and Vice President of the University of Dubuque, spoke in favor
of the rezoning and thanked the neighbors for their civility during the discussions and meetings
held regarding the proposal; and Mike Donahue, 2230 West Third, stated he felt more security
was needed by the University.
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Ordinance No. 47-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinances 48-02 and 84-02, which
adopted regulations for the University of Dubuque ID Institutional District and approving an
amended Conceptual Development Plan for the University of Dubuque ID Institutional 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.
RJS Development, Inc. - Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 3230 Dodge Street from CS Commercial Service and
Wholesale District to C-3 General Commercial District at the request of RJS Development, Inc.,
and Zoning Advisory Commission recommending approval, upon motion received and filed.
Ordinance No. 48-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 3230 Dodge
Street (U.S. Highway 20) from CS Commercial Service and Wholesale District to C-3 General
Commercial 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.
Moose Lodge #355 - Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 2635 Windsor Avenue from C-1 Neighborhood
Commercial District to OC Office Commercial District as requested by John Herrig / Moose
Lodge #355 / James Christensen, and Zoning Advisory Commission recommending approval
and communication from Cheryl Schick, 706 Hennepin Street, in opposition to the proposed
rezoning, upon motion received and filed.
John Herrig spoke in favor of the proposed rezoning, explaining that part of the green space
would be used for a play area and the rest for parking.
Ordinance No. 49-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 2635 Windsor
Avenue from C-1 Neighborhood Commercial District to OC Office Commercial 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.
ACTION ITEMS
Final Plat - Forest Grange Subdivision No.3: City Manager recommending approval of the
final plat of Lots 1 - 6, inclusive, of Forest Grange Subdivision No.3, upon motion received and
filed. Cline moved adoption of Resolution No. 294-04 Approving final plat of Lots 1-6,
inclusive, of Forest Grange Subdivision No.3 in the City of Dubuque. Seconded by Nicholson.
Motion carried 7-0.
Dubuque Jaycees: Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and
101.1 the River Radio requesting to conduct a fireworks display on Sunday, July 3, 2005 on
Volunteer Road between Hawthorne and Lime Streets and communication from the Dubuque
Jaycees, KDTH, KATF, KGRR and 101.1 the River Radio requesting the right of first refusal to
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the July 3rd date in future years for this event, upon motion received and filed and approved
requests.
Fifth and Bell Street Signage: City Manager providing additional information regarding the
proposed signage at Fifth and Bell Streets, upon motion received and filed. An Ordinance
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 on East Fifth Street; an
Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying
Subsection (b) of Section 32-214 thereof providing for the deletion of stop signs at the
intersection of East Fifth Street and Bell Street and Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-216 thereof
providing for the deletion of a yield sign at the intersection of East Fifth Street and Bell Street,
said Ordinances having been presented and read on July 6, 2004, now presented for further
action.
Council discussed specifics of the proposed signage.
Buol moved that this be the second reading of the Ordinances and that the requirement that
the proposed Ordinances be considered and voted on for passage at two Council Meetings
prior to the meeting at which they are to be finally passed be suspended and further moved final
consideration and passage of the Ordinances. Seconded by Connors. Motion failed due to lack
of a 3/4 vote: Yeas-Buol, Connors, Duggan, Markham. Nays-Cline, Michalski, Nicholson.
Buol moved to receive and file the communication and that this be the second reading of the
Ordinances. Seconded by Markham. Carried by the following vote: Yeas-Buol, Connors,
Duggan, Markham. Nays-Cline, Michalski, Nicholson.
Building Permit Moratorium - Bee Branch Creek: City Manager recommending that the
building permit moratorium for commercial properties and for the construction of new residential
structures in the Bee Branch Creek Alignment study area be extended through July 1, 2005,
upon motion received and filed. Ordinance No. 50-04 Amending the City of Dubuque Code of
Ordinances, Chapter 11, Buildings and Building Regulations, by adding a new Section 11-58.5
Adopting a Moratorium on the Issuance of Building Permits for Commercial and New
Residential Construction in the Bee Branch Creek Restoration Alignment Study 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 Michalski. Motion carried 7-0.
Lombard Street - No Parking Ordinance: City Manager recommending approval of the
removal of parking on the north side of Lombard Street along the Washington Junior High
School property, as requested by residents of the area, upon motion received and filed.
Dale Lass, Principal of Washington Junior High School, spoke in favor of the proposed no
parking area.
Ordinance No. 51-04 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 a
portion of Lombard Street, 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.
Through Street Ordinance: City Manager recommending approval to designate streets wider
than 36 feet within the corporate limits of the City of Dubuque as through streets and to allow for
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changes in the stop and yield sections of the City Code to be consistent with the "through
streets," upon motion received and filed. Ordinance No. 52-04 Amending the Code of
Ordinances of the City of Dubuque, Iowa, adding various streets to Subsection (b) of Section
32-213 thereof providing for the designation of through streets; Ordinance No. 53-04 Amending
the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section
32-214 thereof providing for the deletion of stop signs at various intersections as described;
Ordinance No. 54-04 Amending the Code of Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield sign at
the intersection of Lake Eleanor Road and Digital Drive, presented and read. Buol moved that
the requirement that the proposed Ordinances be considered and voted on for passage at two
Council Meetings prior to the meeting at which they are to be finally passed be suspended and
further moved final consideration and passage of the Ordinances. Seconded by Markham.
Motion carried 7-0.
Resources Enhancement and Protection (REAP) Program: City Manager recommending
approval of the Fiscal Year 2005 REAP grant application for Phase 1 of Water Works Park at
the Hawthorne Street Peninsula and communication from the Dubuque County REAP
Committee requesting confirmation of a representative to the REAP Committee (currently
Council Member Joyce Connors), upon motion received and filed. Michalski moved adoption of
Resolution No. 295-04 Authorizing a grant application to the Iowa Department of Natural
Resources for REAP funds for Phase 1 of Water Works Park and confirmation of Council
Member Joyce Connors as the REAP Representative. Seconded by Markham. Motion carried
7-0.
Adoption of International Building Code (IBC): City Manager recommending adoption of the
2003 International Building Code (IBC) published by the International Code Council, Inc., upon
motion received and filed. Ordinance No. 55-04 Amending the Code of Ordinances, City of
Dubuque, Iowa by repealing Section 11-1 and Section 11-2 and enacting new Sections 11-1
and 11-2 in lieu thereof adopting the 2003 International Building Code for the City of Dubuque,
Iowa and providing for the issuance of permits and collection of fees therefore, presented and
read. Markham 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.
Adoption of International Residential Code (IRC): City Manager recommending adoption of
the 2003 International Residential Code (IRC) published by the International Code Council, Inc.,
and also the adoption of five amendments recommended by the Building Code Board of
Appeals, upon motion received and filed. Ordinance No. 56-04 Amending the Code of
Ordinances, City of Dubuque, Iowa by adding and enacting new Sections 11-5 and 11-6 thereof
adopting the 2003 International Residential Code for the City of Dubuque, Iowa and providing
for the issuance of permits and collection of fees therefore, presented and read. Markham
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.
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PUBLIC INPUT
John Brennan, 1432 S. Grandview, spoke requesting that when Council discussed the
condominium project below Eagle Point Park in Closed Session that they remember the bluffs
belong to the citizens of Dubuque and that further action on the issue not be pursued.
At 8:27 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)U) 2003 Code of Iowa.
At 8:50 P.M. Council reconvened stating staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:51 P.M.
F. Schneider, CMC
City Clerk
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