Minutes City Council 10 4 04
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 4, 2004
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Connors, Michalski,
Nicholson, City Manager Van Milligen, Assistant City Attorney Tim O'Brien
Absent: Mayor Duggan, Corporation Counsel Lindahl
Mayor Pro-Tem Markham 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 Council Member Michalski.
Proclamations: Make a Will Month (October, 2004) received by Ken Worth; YWCA Week
Without Violence (October, 2004) received by Lisa McCarthy and Tony Wisecup; Disability
Employment Awareness Month (October, 2004) received by Mary Lynn ReVoir; HireVetsFirst
Campaign received by Kent Roeder; Bipolar Disorder Awareness Day (October 7, 2004)
received by Pat Balvanz; White Cane Safety Day (October 15, 2004) receive by Lorene Brown;
and Trick or Treat Night (October 31,2004)
A presentation of the Iowa League of Cities "All Star" Community Award was made to the
Council.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 8/26; Cable TV Teleprogramming
Commission of 9/7; City Council of 9/14 and 9/20; Historic Preservation Commission of 9/16;
Housing Commission of 8/24; Housing Trust Fund Committee of 9/24; Park and Recreation
Commission of 9/21; Plumbing Board of 9/22; Transit Board of 9/9; Zoning Board of Adjustment
of 8/26; Proof of Publication of List of Claims and Summary of Revenues for the Month Ending
July 31,2004; Library Board of Trustees Update from the meeting of September 23,2004, upon
motion received and filed.
Notice of Claims/Suits: Dawn Close (8/22/04) for vehicle damage; Dawn Close (9/11/04) for
vehicle damage; Brian D. Kohn vs. City of Dubuque; Luther Manor for property damage, upon
motion received and filed and referred to Legal for investigation.
Corporation Counsel recommending settlement of the claims of Milt Avenarius for property
damage and Jeff Hoyne for vehicle damage and directing the Finance Department to issue
payment, upon motion received and filed and concurred and Finance Department to issue
proper payment.
Corporation Counsel recommending denial of the claim of Mike Bisdorf for vehicle damage,
upon motion received and filed and concurred.
SMG Management Agreement: City Manager recommending approval of an amendment to
the SMG Management Agreement changing the date for Civic Center Manager Paula Jo Wolfe
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to transition to SMG from September 30, 2004 to December 31, 2004, upon motion received
and filed. Buol moved adoption of Resolution No. 374-04 Approving the first amendment to
Management Agreement between the City of Dubuque, Iowa and SMG. Seconded by
Michalski. Motion carried 6-0.
Bee Branch Alignment Study: Communication from Laurie Bartolotta, 2104 Kniest Street,
regarding the Bee Branch alignment study, upon motion received and filed.
Iowa Department of Transportation: Communication from Thomas M. Storey, Iowa
Department of Transportation, advising that the DOT is proposing to let a Hot Mix Asphalt Joint
and Crack Sealing project located on US 20 in Dubuque from Crescent Ridge to Devon Drive,
upon motion received and filed.
Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a
Stipulation of Settlement of a tax assessment appeal by Michael Keegan and Sandra Keegan,
upon motion received and filed and approved recommendation.
Annexation Status Report: City Manager recommending approval of the submission of an
Annexation Status Report to the City Development Board, upon motion received and filed and
approved.
Federal Recreation Trail Grant Application - Water Works Park: City Manager recommending
approval of the submission of a Federal Recreational Trails grant application for Phase 1 of
Water Works Park to the Iowa Department of Transportation, upon motion received and filed.
Buol moved adoption of Resolution No. 375-04 Authorizing a grant application to the Iowa
Department of Transportation for Federal Recreational Trails Funds for Water Works Park.
Seconded by Michalski. Motion carried 6-0.
Statewide Transportation Enhancement Funds (ISTEA) Grant - Water Works Park: City
Manager recommending approval of the submission of a Statewide Transportation
Enhancement Funds (ISTEA) grant application for Phase 1 of Water Works Park to the Iowa
Department of Transportation, upon motion received and filed. Buol moved adoption of
Resolution No. 376-04 Authorizing a grant application to the Iowa Department of Transportation
for Statewide Transportation Enhancement Funds for Water Works Park. Seconded by
Michalski. Motion carried 6-0.
Economic Development Initiative (EDI) Special Project Grant: City Manager recommending
approval of an amendment to the Economic Development Initiative (EDI) Special Project grant
for the America's River Museum, upon motion received and filed. Buol moved adoption of
Resolution No. 377-04 Providing for a budget amendment to the Economic Development
Initiative (EDI) Special Project Grant Agreement with the U.S. Department of Housing and
Urban Development for the America's River Museum. Seconded by Michalski. Motion carried
6-0.
Request to Purchase City Property: Communication from Paul M. Fahey requesting to
purchase City-owned property abutting 2297 University Avenue, upon motion received and filed
and referred to the City Manager.
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Letter to the Department of Transportation: City Manager correspondence to Norman Mineta,
Secretary of the Department of Transportation, regarding increasing air service links between
the United States and international markets, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 378-04 Granting the issuance of
one cigarette renewal permit to Eagle Country Market; Resolution No. 379-04 Granting the
issuance of a Class "C" Beer Permit to Aldi, Inc. and Rainbo Oil Group; and Resolution No. 380-
04 Granting the issuance of a Class "C" Beer/Liquor License to Dog House Lounge and Grand
River Center; Special Class "C" Liquor to Café Manna Java and a Class "B" Wine permit to
River City Gift Shop and Family Mart. Seconded by Michalski. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Widening of Asbury Road at the Northwest Arterial Project - Initiate: City Manager
recommending initiation of the bidding process for the Widening of Asbury Road at the
Northwest Arterial Project and that a public hearing be set for October 18, 2004, upon motion
received and filed. Michalski moved adoption of Resolution No. 381-04 Preliminary approval of
plans and specifications; Resolution No. 382-04 Fixing date of hearing on plans and
specifications for October 18, 2005 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 and
Resolution No. 383-04 Ordering bids. Seconded by Connors. Motion carried 5-0 with Nicholson
briefly out of the room.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory Commission (Two three-year terms through 10/1/07 and
one vacant youth term through 6/1/05) Applicant: Chad M. Chase - Youth No one spoke.
Appointments to the following Boards/Commissions: Housing Commission (One 3-year
unexpired term through 8/17/05) Applicant: Angela Mozena Upon motion Angela Mozena
appointed to the Housing Commission for an unexpired three year term through 8/17/05.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Cedar Lake Plaza Planned Unit Development (PUD) District (Tabled 9/20/04):
Upon motion the following was removed from the table.
Proof of publication on notice of hearing to consider an amendment to the Cedar Lake Plaza
Planned Unit Development (PUD) District as requested by Rick Anderson/Anderson/Schaul
Carwash Corporation and Zoning Advisory Commission recommending approval, with
conditions; communication from Clark Payne, President of the Turnberry Condominium Owners
Association, in opposition to the proposed Cedar Lake Plaza Planned Unit Development (PUD)
amendment; communication from Howard McLean and Dorothy McLean in opposition to the
proposed amendment to the Cedar Lake Plaza Planned Unit Development (PUD) District, upon
motion received and filed.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances providing for the amendment of Ordinance 63-97, which adopted regulations for
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hereinafter described property located at Cedar Lake Plaza, 395 Cedar Cross Road, in a PUD
Planned Unit Development District with a PC Planned Commercial designation, presented and
read.
Rick Anderson spoke in favor of the rezoning and provided a description of the operation and
building plans. In response to a question he stated that the designation of a car wash as a
permitted use had not been specifically addressed in the original PUD. He further spoke
clarifying that the car wash doors would be closed from 9:00 P.M. to 7:00 AM. and that noise
would be contained inside the building.
Laura Carstens, City Planner, spoke outlining the request specifics and stated the original
Planned Unit Development designation did not contain a Car Wash.
Clark Payne of 470 Woodland Ridge, Howard M. McClean of 585 Woodland Ridge, and
Jeanette Sterret, 3405 Lake Ridge, spoke objecting to the proposed rezoning.
Jeff Hansel, 439 Tamarack Ct., as the developer of this property, spoke in support and clarified
various issues.
Judy Graves, 410 Woodland Ridge, spoke objecting to the rezoning, stating the street was not
designed for additional curb cuts.
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 failed due to the following vote: Yeas-Connors. Nays-Buol, Cline,
Markham, Michalski, Nicholson.
Northwest Arterial Fiber Optics Conduit 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 Northwest Arterial Fiber Optics Conduit Project to
Vol kens, Inc., in the amount of $113,024.00, upon motion received and filed. Cline moved
adoption of Resolution No. 384-04 Adopting plans and specifications for the project; Resolution
No. 385-04 Awarding contract to Vol kens, Inc. Seconded by Nicholson. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Code of Ordinances - Chapter 5 - Alcoholic Beverages (First Reading on 9/20/04)
Communication from Dean Nelson, Dubuque Area Substance Abuse Coalition Coordinator,
requesting time for Garry Heiar, Kathy Davis, Eileen Sullivan and John Torres, members of the
Task Force, to address the Council regarding the proposed ordinances; communication from
Kathy Davis, Counselor at Northeast Iowa Community College, requesting to address the City
Council regarding the proposed changes to the Alcoholic Beverages Ordinance; communication
from Lynn Boffeli, Binge Drinking Sub-Committee Chairperson, regarding the proposed
ordinances and the work of the Binge Drinking Sub-Committee; communication from John
Torres, Food and Beverage Director - Dubuque Greyhound Park and Casino, requesting to
address the Council regarding the proposed ordinances, communication from Garry Heier, Iowa
Hospitality Association - Dubuque Chapter, requesting to address the Council in support of the
proposed ordinances; communication from Eileen G. Sullivan, Vice President for Student
Development, requesting to address the Council regarding the proposed ordinances;
communication from Cheryl Whalen, on behalf of the Historic Bluffs Neighborhood Association,
expressing the Association's strong support of the Dubuque Area Substance Abuse Coalition's
recommendations for the two new ordinances, upon motion received and filed.
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An Ordinance amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of
Ordinances by enacting a new Section 5-9 prohibiting buffet sales of alcoholic liquor, wine or
beer and an Ordinance Chapter 5 Alcoholic Beverages of the City of Dubuque Code of
Ordinances is amended by adding the definitions of restaurant and kitchen facility to Section 5-2
and amending Section 5-7.2 prohibiting persons under the legal age from remaining on the
premises where alcoholic liquor is sold or dispensed thirty minutes after any restaurant on the
licensed premises is closed, presented and read.
Garry Heiar, of Iowa Hospitality Association and Eileen Sullivan, Vice President for Student
Development at Loras College, spoke in favor of the proposed ordinances.
Kari Fleckenstein, a Clarke College student, spoke stating the Ordinance would not make a
difference as students would find a way around it.
Police Chief Wadding stated that the Ordinance is needed and it can be enforced.
Buol moved that this be considered the second reading of the Ordinance. Seconded by
Michalski. Motion carried 6-0.
Eagle Valley Subdivision - Final Plat: City Manager recommending approval of the final plat of
Lots 1-4, inclusive, and Lots A-B, inclusive, of Block 5 of Eagle Valley Subdivision in the City of
Dubuque, Iowa, upon motion received and filed. Cline moved adoption of Resolution No. 386-
04 Rescinding Resolution No. 346-03, and approving the final plat of Lots 1-4, inclusive, and
Lots A-B, inclusive of Block 5 Of Eagle Valley Subdivision in the City of Dubuque, Iowa.
Seconded by Connors. Motion carried 6-0.
Asbury Plaza No. 12 - Final Plat: City Manager recommending approval of the final plat of
Asbury Plaza No. 12 to facilitate development of the new Star Cinema Theater Complex at the
northeast corner of Asbury Plaza Shopping Center, subject to waiving the lot frontage
requirements for Lot 1, Lot 6 and Lot B, upon motion received and filed. Buol moved adoption
of Resolution No. 387-04 Approving the final plat of Asbury Plaza No. 12 in the City of
Dubuque, Iowa. Seconded by Connors. Motion carried 6-0.
City Council Appointments: Appointment of City Council Members to various
boards/commissions.
Council discussed the procedure to be used for appointments to various boards and
commissions. It was stressed that all members of the Council needed to serve on boards, that
they should attend the meetings of the ones they are appointed to, and that no individual
"owned" a seat on any of the boards or commissions. After further discussion it was determined
that all appointments would be reviewed at the first meeting in January and until that time the
process for appointment would remain as it currently is.
Nicholson moved that Council Member Markham be appointed to replace him on the Greater
Dubuque Development Corporation. Seconded by Michalski. Motion carried 6-0.
Michalski moved that Council Member Nicholson be appointed to fill out the term on the Airport
Commission (previously held by Markham). Seconded by Cline. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council discussed and praised the national group, 'Watchable Wildlife Conference Planning
Team", which was holding their conference in Dubuque. The group partnered with the hosting
community of Dubuque and numerous local organizations on the construction of the Universal
Accessible Wildlife Pier at Heron Pond.
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Connors urged Council Members and citizens to attend and participate in the Domestic
Violence observance on October 17th.
There being no further business, upon motion meeting adjourned at 8:52 P.M.
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Jeanne F. Schneider, CMC
City Clerk
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