10 18 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 18, 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, Assistant City Manager Steinhauser, Corporation Counsel Lindahl
Absent: City Manager Van Milligen
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 Sister Kathy Lentsch, OSF, Vice President of the Sisters of St. Francis
Proclamations: Red Ribbon Week (October 23 - 31,2004) received by Brandon Schetgen of
Holy Ghost School; Childhood Lead Poisoning Week (October 24 - 30,2004) received by Public
Health Specialist Mary Rose Corrigan, Michelle Lowe and Mike Buelow.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 10/4; Cable TV Teleprogramming
Commission of 10/5; City Council of 10/4; Civil Service Commission of 9/21; Community
Development Advisory Commission of 9/8; Environmental Stewardship Advisory Commission of
10/5; Zoning Advisory Commission of 10/6, upon motion received and filed.
Proof of publication of City Council Proceedings of September 7, 13, 14 and 20, 2004 and List
of Claims and Summary of Revenues for month ending August 31, 2004, upon motion received
and filed.
City of Dubuque Financial Reports for month ending September 30, 2004 (on file in the City
Clerk's Office), upon motion received and filed.
Notice of Claims/Suits: Robert Boynton for vehicle damage; Mound City Bank vs. City of
Dubuque, et al; Pospisil Painting, Inc. for material and labor costs; Amy Pitz for vehicle damage;
Lisa Price for vehicle damage; Robert Waddick for property damage, upon motion received and
filed and referred to Legal for investigation.
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: Dawn Close for vehicle
damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claims of Robert Boynton for vehicle
damage, Luther Manor for property damage, Robert Waddick for property damage, and Lisa
Price for vehicle damage and directing Finance Department to issue payment, upon motion
received and filed and concurred.
Corporation Counsel recommending that the claim of Amy Pitz for vehicle damage be referred
to River City Paving Company, upon motion received and filed and concurred.
Key City Properties LLC - Preliminary Plat: Zoning Advisory Commission recommending
approval of the final plat of Key City Properties Plat No.2 located on North Cascade Road in
Dubuque County, as requested by Dave Schneider/Key City Properties LLC, upon motion
received and filed and approved recommendation.
Tamarack Business Park - Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth Subdivision in Dubuque County as
requested by Jon Luckstead, upon motion received and filed. Buol moved adoption of Resolution
No. 388-04 Approving the final plat of Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth Subdivision in
Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0.
Medical Associates Subdivision No.2: Zoning Advisory Commission recommending approval
of the final plat of Lot C-1, C-2, and C-3 Medical Associates Subdivision No.2 as requested by
CU-LlNKlMedical Associates Realty, upon motion received and filed. Buol moved adoption of
Resolution No. 389-04 Approving the final plat of Lot C-1, Lot C-2 and Lot C-3 of Medical
Associates Subdivision No.2 in the City of Dubuque, Iowa. Seconded by Markham. Motion
carried 7-0.
White Water Creek Bridge - Memorandum of Understanding: City Manager recommending
approval of a Memorandum of Agreement between the Federal Highway Administration, State
Historic Preservation Office, Dubuque County, and the City of Dubuque, for relocation of the
historic White Water Creek Bridge, upon motion received and filed and approved
recommendation.
Dubuque Community School District: Communication from John L. Burgart, Superintendent of
the Dubuque Community School District, thanking the City for constructing a new cul-de-sac on
Tyler Road, upon motion received and filed.
Citizen Communication: Communication from Brenda Gerhard, 4950 Northrange Court,
regarding the Cedar Lake Plaza Planned Unit Development public hearing and commending the
Council for their action, upon motion received and filed.
Legislative Correspondence:
Communication to Congressman Jim Nussle requesting that he refrain from adding his name to
a letter being circulated by Representative Pickering calling upon the FCC to conduct an
expedited proceeding to conclude that IP enabled services are interstate in nature, upon motion
received and filed.
City Manager advising that Congressman Jim Nussle, consistent with the City's request, did not
sign the letter being circulated by Representative Pickering, upon motion received and filed.
Communication from Senator Charles Grassley advising that he has contacted the Federal
Emergency Management Agency and the Army Corps of Engineers regarding the costs incurred
by the City for operating the floodwall pumping stations during the flooding disaster in May 2004,
upon motion received and filed.
University of Dubuque: Communication from Alan Burr, University of Dubuque, requesting to
purchase a portion of a city street/alley abutting University of Dubuque property at the corner of
Lombard Street and Collins Street, upon motion received and filed and referred to the City
Manager.
Assumption and Subordination of Mortgage Obligation and Promissory Note: City Manager
recommending approval of an Assumption Agreement and Mortgage Subordination Agreement
that will allow Denis Gioletti and Richard Hatton to transfer responsibility for a mortgage and
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promissory note to Jeffrey Jackson, who is purchasing the commercial property at 231 West 2nd
Street, upon motion received and filed. Buol moved adoption of Resolution No. 390-04
Authorizing an Assumption Agreement and a Mortgage Subordination Agreement in regard to a
mortgage interest in the easterly 40 feet of Lot 85 in the City of Dubuque, Dubuque County, Iowa.
Seconded by Markham. Motion carried 7-0.
Code of Ordinances - Supplement No. 62: City Manager recommending approval of the
adoption of Supplement No. 62 to the Code of Ordinances, upon motion received and filed.
Buol moved adoption of Resolution No. 391-04 Adopting Supplement No. 62 to the City of
Dubuque Code of Ordinances. Seconded by Markham. Motion carried 7-0.
Federal Communications Commission: Communication to Michael Powell, Chairman of the
Federal Communications Commission regarding review of the emergency alert system, upon
motion received and filed.
Dubuque River Rides: Communication from Nancy M. Webster, President and Chief Executive
Officer - Dubuque River Rides, requesting to extend their lease with the City of Dubuque for an
additional eight-year term, presented and read. After discussion of obtaining necessary additional
information, Buol moved to table this matter to the next Council meeting. Seconded by Markham.
Carried by the following vote: Yeas-Buol, Connors, Duggan, Michalski, Markham. Nays-
Cline, Nicholson.
Great American Main Street Award: Dan LoBianco, Dubuque Main Street, Ltd, requesting a
Resolution of endorsement from the City of Dubuque for inclusion in their application for the 2005
Great American Main Street Award, upon motion received and filed. Buol moved adoption of
Resolution No. 392-04 In support of the 2005 Great American Main Street Award application of
Dubuque Main Street, Ltd. Seconded by Markham. Motion carried 7-0.
Business Licenses: Michalski moved adoption of Resolution No. 393-04 Granting the issuance
of one renewal permit to sell cigarettes and cigarette papers to Hy-Vee Gas #2; Resolution No.
394-04 Granting the issuance of a Class B Beer Permit to Happy Joe's Pizza and Class C Beer
Permit to Hy-Vee Gas #2 and Resolution No. 395-04 Granting the issuance of a Class C
Beer/Liquor License to Rainbow Lounge, Yen Ching Restaurant and Channel Inn Restaurant;
and a Class B Native Wine Permit to P.S. I Love You. Seconded by Nicholson. Motion carried 7-
O.
ITEMS TO BE SET FOR PUBLIC HEARING
Reallocation of General Obligation Bonds Series 2002C: City Manager recommending that a
public hearing be set for November 1, 2004 to consider the reallocation of General Obligation
Bond proceeds for use on the new Municipal Services Center, upon motion received and filed.
Cline moved adoption of Resolution No. 396-04 Fixing date for a meeting on the proposal to
reallocate certain unspent proceeds of the General Obligation Bonds, Series 2002C, of Dubuque,
Iowa, and providing for publication of notice thereof, with date of Public Hearing to be 11/1/04 at
a meeting to commence at 6:30 P.M. in the Library Auditorium and direct the City Clerk to publish
notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
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Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Environmental Stewardship Advisory Commission (Two 3-year terms through 10/1/07 - terms of
Buelow and Nemmers) Applicants: Michael J. Buelow, John T. Nemmers. Mr. Buelow spoke
requesting consideration for appointment.
Appointments to the following Commission:
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.
Upon motion Chad M. Case appointed as the Youth representative to the Environmental
Stewardship Advisory Commission for a term to expire 6/1/05.
Upon motion Michael J. Buelow and John T. Nemmers reappointed to three year terms on the
Environmental Stewardship Advisory Commission which will expire 10/1/07.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Zoning Ordinance Text Amendment: Proof of publication on notice of hearing to consider a text
amendment to Appendix A (the Zoning Ordinance) of the Code of Ordinances to provide for
separation of adult entertainment establishments from school property by providing a 1,200 foot
separation to help buffer residential and institutional districts from adult entertainment
establishments, upon motion received and filed.
Ordinance No. 75-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by amending Section 4-8.3(1) of the Zoning Ordinance regulations
governing the location and spatial separation of adult entertainment establishments to provide for
a 1,200 foot separation of school properties from adult entertainment uses, 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 carried 7-0.
Widening of Asbury Road at the Northwest Arterial Project: Proof of publication on notice of
hearing to consider the Widening of Asbury Road at the Northwest Arterial Project and City
Manager recommending award of the contract to Portzen Construction in the amount of
$59,165.50, upon motion received and filed. Buol moved adoption of Resolution No. 397-04
Approving plans and specifications and Resolution No. 398-04 Awarding contract. Seconded by
Cline. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Chamber of Commerce Convention and Visitors Bureau: Request of Sue Czeshinski, Director
- Convention and Visitors Bureau, to provide the Convention and Visitors Bureau report, upon
motion this report was tabled to the 11/1/04 Council Meeting.
Code of Ordinances - Chapter 5 - Alcoholic Beverages (Third Reading): Communication from
Kate Zanger, Vice President for Student Life - Clarke College, urging the Council to vote yes on
the proposed city ordinances related to alcohol and submitting an article from the USA Today
regarding this issue, upon motion received and filed.
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Ordinance No. 76-04 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 Ordinance No. 77-04 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, said Ordinances having been presented and read at the Council
Meetings of September 20, 2004 and October 4, 2004, now presented for final action. Buol
moved final consideration and passage of the Ordinances. Seconded by Michalski. Motion
carried 7-0.
Achievement Award for Economic Development from the International Downtown Association:
Receipt of the Achievement Award for Economic Development from the International Downtown
Association, upon motion received and filed.
Dubuque Main Street, Ltd: Receipt of the Best Public Improvement Project/New Construction
Award for the Grand River Center; Best Promotional Event/Partnership Effort Award for the
Grand Excursion; and the Best Partnership Planning Effort Award for the Downtown Dubuque
Master Plan from Dubuque Main Street, Ltd., upon motion received and filed.
COUNCIL MEMBER REPORTS
Markham stated that the Saturday morning closing of Wacker Drive with no previous warning
was unacceptable and requested a letter to that effect be sent to Iowa Department of
Transportation.
At 6:59 P.M. upon motion it was resolved to go into Closed Session, Pending Litigation -
Chapter 21.5(1 )(c) 2003 Code of Iowa.
At 7:13 P.M. Council reconvened regular session stating staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 7:14 P.M.
/ / . .---
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c/ Jeanne F. Schneider, CMC
City Clerk
1t 10/27
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