Minutes City Council 9 7 04
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Tuesday, September 7,2004
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol (via telephone), Cline, Connors, Markham,
Michalski, Nicholson (via telephone), 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 Reverend John Hulsizer, Dubuque Law Enforcement Center Chaplain
Coordinator.
Mayor Duggan swore in Mayor Pro-Tem John Markham.
Proclamations: "Public Safety Memorial Day" received by Reverend John Hulsizer
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 7/26; City Council of 8/16; Community
Development Advisory Commission of 8/11; Electrical Code Board of 8/9; Housing Code Appeals
Board of 7/20; Housing Commission of 7/27; Housing Commission Trust Fund Committee of 8/19;
Human Rights Commission of 7/12; Library Board of 7/22; Park and Recreation Commission of
8/10, upon motion received and filed.
Printed Council Proceedings for June and July, 2004, upon motion received and filed and
approved as printed.
Proof of publication of City Council Proceedings of August 2 and 16,2004, upon motion received
and filed.
Notice of Claims/Suits: City of Asbury vs. The City Development Board and City of Dubuque;
Jesse A. Brenner for property damage and personal injury; David Danielson (for son Timothy
Danielson) for personal injury; Connie Gibbs for vehicle damage; Nicole Munson 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: David Danielson for
personal injury; Paul Ernst for vehicle damage, upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Sarah J. Merges for vehicle damage
and Ryan M. Beyer for vehicle damage, upon motion received and filed and concurred.
Corporation Counsel recommending that the claim of Nicole Munson for vehicle damage be
referred to Horsfield Construction, Inc., upon motion received and filed and concurred.
Dubuque Main Street, Ltd. Agreement: City Manager recommending approval of a Program
Agreement, required by the Iowa Department of Economic Development (IDED), between the City
of Dubuque, Dubuque Main Street, Ltd., and the IDED, upon motion received and filed and
approved recommendation.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development advising that the City's Lead Hazard Reduction Program is
currently performing on or ahead of schedule, upon motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the City's Local Housing Assistance Program (LHAP) has
been administered in substantial compliance with financial and program requirements, upon
motion received and filed.
Arts and Cultural Organizations: Communications from Sister Michelle Nemmers, OSF, Ed
Babka, and Cynthia Nelms-Byrne in support of the City funding $250,000 for cultural organizations
in the City, upon motion received and filed.
Radford Road and Pennsylvania Avenue - Sidewalks: Communication from Mary Janice Giesler
requesting that the City require sidewalks on all sides of Radford Road and Pennsylvania Road,
upon motion received and filed and referred to the City Manager.
"No Parking" Request: Petition from residents on Alpine Street and Nevada Street requesting a
"No Parking" sign in the alley that extends from Alpine to Nevada, upon motion received and filed
and referred to the City Manager.
Legal Department Intern: Communication from Angela Wilson, Legal Department Intern, thanking
the City for the opportunity to work as a legal intern. upon motion received and filed.
Vision Iowa: Communication of Mayor Terry Duggan to Michael Gartner, Chairman of the Vision
Iowa Board, requesting an extension for completion of some components of the City's Vision Iowa
Agreement, upon motion received and filed and approved request.
Designation of City Representative for FEMA Assistance: City Manager recommending that he
be designated as the City's representative for FEMA assistance for the severe storms and flooding
that began on May 21, 2004, upon motion received and filed. Markham moved adoption of
Resolution No. 335-04 Designating the City Manager as the City of Dubuque's authorized
representative for signing and filing documents to obtain federal/state financial assistance under
the Disaster Relief Act. Seconded by Connors. Motion carried 7-0.
Tyler Road - Acceptance of Warranty Deed: City Manager recommending acceptance of a
warranty deed from Dubuque Community School District for a right-of-way purchase on Tyler
Road, upon motion received and filed. Markham moved adoption of Resolution No. 336-04
Accepting a conveyance of Lot A of Block 8 in Mettel-Link Addition in the City of Dubuque,
Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0.
Dubuque Racing Association: Communication of Mayor Terry Duggan to the Dubuque Racing
Association Executive Committee requesting that consideration be given to allocating a portion of
the anticipated increase in grant dollars toward annual operating support of arts and cultural
organizations, upon motion received and filed.
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Iowa Highway 32 (Southwest Arterial) - Phase I Consultant Selection: City Manager
recommending approval of the selection of Earth Tech, Inc., partnered with Durrant Architects, as
the consultant for the Iowa Highway 32 (Southwest Arterial) Phase I - Preliminary Engineering
Design Services project, presented and read.
Tony Zelinskas spoke requesting that WHKS Engineering be chosen as the consultant or to table
this matter.
Council discussed concerns about the criterion used for the scoring process.
Michalski moved that this matter be tabled to the next Council Meeting. Seconded by Cline.
Motion carried 7-0.
Dubuque: Your Hometown, Your Future Campaign: City Manager recommending approval of the
expenditure of $4,425 per year for five years out of UDAG funds for the Dubuque: Your
Hometown, Your Future campaign, upon motion received and filed. Markham moved adoption of
Resolution No. 337-04 Supporting the "Dubuque: Your Hometown, Your Future" initiative and
pledging $4,425 per year for five years to the promotion of the program. Seconded by Connors.
Motion carried 7-0.
Transportation Bill: City Manager recommending approval to send letters of concern to
Congressman Nussle and Senator Grassley about objectionable language contained in the
proposed federal Transportation Bill, upon motion received and filed and approved
recommendation.
Dubuque Area Industrial Development Corporation - Amendment to Development Agreement:
City Manager recommending approval of a Second Amendment to the Development Agreement
with Dubuque Area Industrial Development Corporation (DAIDC) which allows the current tax
increment financing benefits accruing to DAIDC to be assigned to its successor or assigns (in this
case, Walter Development, LLC), upon motion received and filed. Markham moved adoption of
Resolution No. 338-04 Authorizing the execution of a Second Amendment to Development
Agreement with Dubuque Area Industrial Development Corporation. Seconded by Connors.
Motion carried 7-0.
Five Flags Center Renovation - Request for Proposals: City Manager recommending approval of
the issuance of a Request for Proposals for the Five Flags Center Renovation Project, upon
motion received and filed.
Mary Huseman vs. City of Dubuque, et al: Corporation Counsel advising that the Mary Huseman
vs. City of Dubuque case has been dismissed, upon motion received and filed.
Response to NPDES: City Manager recommending approval of a proposed process to respond
to the State's "draft" National Pollution Discharge Elimination System (NPDES) permit, upon
motion received and filed and approved recommendation.
Request for Easement: Communication from Vernon C. Van Cleve, 2542 Marywood Drive,
requesting the City grant him an easement to gain access to the back yards at 2538, 2542 and
2544 Marywood Drive, upon motion received and filed and referred to the City Manager.
Arboretum Drive - Sidewalks: Communication of John and Doris Kivlahan submitting a petition
requesting that the City remove the requirement for sidewalks on the north side of Arboretum Drive
and 32nd Street to Honeysuckle Lane, upon motion received and filed.
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Business License Refund: Request of Jymie M. Lyons, Jym's Bar, for a refund of his cigarette
license in the amount of $75.00, upon motion received and filed and approved refund.
Business Licenses: Markham moved adoption of Resolution No. 339-04 Granting the issuance
of a cigarette renewal permit to One Flight Up; Resolution No. 340-04 Granting the issuance of
Class "C" Beer Permits to Eagle Country Market, Phillips 66/Arby's, 5-Point Mart, Family Mart,
Asbury Amoco Foodshop and Ron's Smokes/Beverage and Resolution No. 341-04 Granting the
issuance of a Class "C" Beer/Liquor License to Lucky 13 Tap, Class "B" Wine Permit to Eagle
Country Market, and Class "C" Beer/Liquor License (5-Day Special Event) to Carlos O'Kelly's.
Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Railroad Avenue - Request to Vacate: City Manager recommending that a public hearing be set
for September 20, 2004 to consider a request from Hy-Vee to vacate a portion of Railroad Avenue,
upon motion received and filed. Michalski moved adoption of Resolution No. 342-04 Of intent to
dispose of City interest in Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa,
and further set this for public hearing on 9/20/04 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 Cline. Motion carried 7-0.
Associates Drive - Request to Vacate: City Manager recommending that a public hearing be set
for September 20, 2004 to consider a request from THE CU-LlNK, Inc., to vacate a portion of
Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2, upon motion received
and filed. Michalski moved adoption of Resolution No. 343-04 Of intent to dispose of City interest
in Lot 8A of Medical Associates Subdivision No.2, Dubuque, Iowa and further set this for public
hearing on 9/20/04 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 Cline. Motion carried
7-0.
Fiscal Year 2005 Budget Amendment: City Manager recommending that a public hearing be set
for September 20, 2004 to consider the first amendment to the Fiscal Year 2005 budget, upon
motion received and filed. Michalski moved adoption of Resolution No. 344-04 Setting the date
for the public hearing on Amendment No.1 to the Fiscal Year 2005 budget for the City of Dubuque
and this date be 9/20/04 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 Cline.
Motion carried 7-0.
2004 Curb Ramp Installation - CDBG Project #2: City Manager recommending initiation of the
bidding process for the 2004 Curb Ramp Installation - CDBG Project #2 and that a public hearing
be set for September 20, 2004, upon motion received and filed. Michalski moved adoption of
Resolution No. 345-04 Preliminary approval of plans and specifications; Resolution No. 346-04
Fixing date of hearing on plans and specifications for 9/20/04 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 and Resolution No. 347-04 Ordering bids. Seconded by Cline. Motion carried 7-0.
Northwest Arterial Fiber Optics Conduit Project: City Manager recommending initiation of the
bidding process for the Northwest Arterial Fiber Optics Project and that a public hearing be set for
October 4, 2004, upon motion received and filed. Michalski moved adoption of Resolution No.
348-04 Preliminary approval of plans and specifications; Resolution No. 349-04 Fixing date of
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hearing on plans and specifications for 10/4/04 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 and
Resolution No. 350-04 Ordering bids. Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Civic Center Commission (One unexpired 3-year term through 6/29/06)
Applicants: Brian D. Hutchins, Bryce Parks No one spoke.
Housing Advisory Trust Fund Committee (One 3-year term through 9/7/07 - Term of J. Walsh)
Applicant: John V. Walsh No one spoke.
Mechanical Code Board (Three 3-year terms through 3/16/07 - Terms of Kelly, Papin and one
vacancy)
Applicants: Chuck Bandy, David Cleek, Michael P. Kelly, Sean O'Malley, Paul Papin (also on
Plumbing Board) No one spoke.
Appointments to the following Boards/Commissions:
Housing Commission (Three 3-year terms through 8/17/07 - Terms of Eddy, Kapler and
Schwendinger):
Applicants: Char Eddy, David J. Kapler, Dorothy Schwendinger, OSF
Upon motion Char Eddy, David J. Kapler and Dorothy Schwendinger, OSF, reappointed to the
Housing Commission for three year terms which will expire 8/17/07.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
2004 Local Law Enforcement Block Grant: Proof of publication on notice of hearing to consider
acceptance of the 2004 Local Law Enforcement Block Grant award and City Manager
recommending approval, upon motion received and filed and approved recommendation.
Villa Street Retaining Wall 2004 Reconstruction Project: Proof of publication on notice of hearing
to consider the Villa Street Retaining Wall 2004 Reconstruction Project and City Manager
recommending award of the contract to WC Stewart Construction Company in the amount of
$283,952.79, upon motion received and filed. Cline moved adoption of Resolution No. 351-04
Adopting plans and specifications and Resolution No. 352-04 Awarding contract. Seconded by
Connors. Motion carried 7-0.
Port of Dubuque Storm Sewer Extension Project: Proof of publication on notice of hearing to
consider the Port of Dubuque Storm Sewer Extension Project and City Manager recommending
award of the contract to Tschiggfrie Excavating Co., in the amount of $217,100.85, upon motion
received and filed. Cline moved adoption of Resolution No. 353-04 Adopting plans and
specifications and Resolution No. 354-04 Awarding contract. Seconded by Connors. Motion
carried 7-0.
Heron Pond Fishing Pier Construction Project: Proof of publication on notice of hearing to
consider the Heron Pond Fishing Pier Construction Project and City Manager recommending
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award of the contract to Dubuque Barge and Fleeting Service Company (d/b/a Newt Marine
Service), in the amount of $49,021.02, upon motion received and filed. Markham moved adoption
of Resolution No. 355-04 Adopting plans and specifications and Resolution No. 356-04 Awarding
contract. Seconded by Michalski. Motion carried 7-0.
Upon motion it was resolved to reinstate the rule limiting discussion to Council.
ACTION ITEMS
Eagle Point Park Bluffs: Communication from SA Sutton regarding the Eagle Point Park Bluffs;
Communication from John A. Brennan, M.D., requesting that he be considered for membership on
an ad hoc committee to look into the long-range solution to the Eagle Point Bluff issue;
Submission of material from Richard Vorwald regarding the Eagle Point Bluff, upon motion
received and filed.
Downtown Conservation District - Historic Preservation Commission: Communication from the
Historic Preservation Commission requesting that the City Council keep the buildings proposed for
demolition in the Downtown Neighborhood Conservation District and to amend the conservation
district regulations to allow government units needing land to submit different information on the
site selection process, upon motion received and filed and referred to the City Manager and Staff
to examine the proposal and bring back with a recommendation.
Downtown Conservation District - Dubuque Community School District (Second Reading): An
Ordinance Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of
Ordinances regarding the Downtown Neighborhood Conservation District, 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
Buol. Motion failed due to lack of % vote: Yeas-Buol, Connors, Duggan, Markham, Nicholson.
Nays-Cline, Michalski.
John Burgart, Superintendent of the Dubuque Community Schools, spoke stressing the
numerous formal and informal meetings where citizens could provide input about this issue.
Council questioned various specifics of the new Prescott School building.
Buol moved that this be the second reading of the Ordinance. Seconded by Markham. Carried
by the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham, Nicholson. Nays-
Michalski.
Arts and Cultural Affairs Advisory Commission Ordinance: City Manager recommending approval
of an ordinance establishing an Arts and Cultural Affairs Advisory Commission, upon motion
received and filed. Ordinance No. 64-04 Amending the City of Dubuque Code of Ordinances by
adopting a new Chapter 8 Arts and Cultural Affairs Establishing the Arts and Cultural Affairs
Advisory Commission, 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.
Paradise Hills 2nd Addition - Final Plat: City Manager recommending approval of the final plat of
Paradise Hills 2nd Addition, upon motion received and filed. Cline moved adoption of Resolution
No. 357-04 Approving the final plat of Paradise Hills 2nd Addition in Dubuque County, Iowa.
Seconded by Connors. Motion carried 7-0.
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Prohibition of Building Permits: City Manager recommending approval of an amendment to the
Code of Ordinances prohibiting the issuance of building permits during consideration of a rezoning
or text amendments, upon motion received and filed. Ordinance No. 65-04 Amending Section
11-3 Building Regulations of the City of Dubuque Code of Ordinances by adding language to
prohibit building permit issuance during consideration of a zoning reclassification or text
amendment to the zoning or subdivision ordinances, 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.
Zoning Ordinance Update Process: City Manager recommending approval of the process to be
used for the Zoning and Subdivision Ordinance update, upon motion received and filed and
approved recommendation.
National League of Cities Delegate: Communication from the National League of Cities
requesting appointment of a voting delegate and alternate voting delegate for the upcoming
Congress of Cities, upon motion received and filed the communication and appointed Council
Member Nicholson as the delegate with Council Member Markham as the alternate delegate.
There being no further business, upon motion meeting adjourned at 7:34 P.M.
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Jeanne F. Schneider, CMC
City Clerk
1t 9/15
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