11 15 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, November 15, 2004
Council met in Special Session at 5:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Connors, Michalski,
Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl.
Absent at Roll Call- Mayor Duggan entered at 5:55 P.M.
Absent: City Manager Van Milligen
Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council
called for the purpose of discussing the Downtown Sidewalk Designs.
Council discussed various aspects of the proposed standards for downtown sidewalk patterns
including the Main Street Pattern, Side Street Pattern, Washington Park and Library Sidewalk
Pattern, and the ADA compliant accessible ramps. Planning Services Manager Laura Carstens
reviewed input received from property owners, key stakeholders, Dubuque Main Street Ltd., and
the Historic Preservation Commission, along with projected construction costs.
There being no further business, upon motion special meeting adjourned at 6:17 P.M.
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City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 15, 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 Reverend Ron Rankin, United Methodist Church.
Proclamation: Winterfest Weekend (December 3,4, and 5, 2004)
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 11/1; Historic Preservation Commission of
10/21; Human Rights Commission of 10/4 and 10/11; Investment Oversight Advisory Commission
of 10/28; Zoning Advisory Commission of 11/3; Zoning Board of Adjustment of 10/28, upon motion
received and filed.
Investment Oversight Advisory Commission submitting the 46th Quarterly Report, upon motion
received and filed.
Library Board of Trustees Update from meeting of October 19, 2004, upon motion received and
filed.
Proof of publication of City Council Proceedings of October 18, 2004 and List of Claims and
Summary of Revenues for the month ending September 30, 2004 (On file in the City Clerk's
Office), upon motion received and filed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending October
31,2004 (On file in the City Clerk's Office), upon motion received and filed.
Notice of Claims/Suits: Michele Arends for personal injury; Amy Boekholder for personal injury;
Bernard C. Bockes for vehicle damage; Dona Oberfoell for vehicle damage; Theresa Sawvell for
vehicle 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: Michele Arends for
personal injury, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Dona Oberfoell for property
damage and directing the Finance Department to issue payment, upon motion received and filed
and concurred and Finance Department directed to issue payment.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors advising that they support the relocation of the White Water Creek Bridge project,
upon motion received and filed.
Environmental Stewardship Advisory Commission: Communication from the Environmental
Stewardship Advisory Commission in support of a stormwater management rebate program as
suggested by eight members of the Bee Branch Citizens Advisory Commission, upon motion
received and filed.
Del Miller vs. City of Dubuque: Corporation Counsel recommending that the City accept the
proposed settlement in the case of Del Miller vs. City of Dubuque, upon motion received and filed
and approved settlement.
University Avenue Extension/US Hwy 20 Project: City Manager recommending initiation of
eminent domain proceedings for the acquisition of real property owned by Elm Real Estate, L.C.
(Iowa Glass) and by James E. Newman in connection with the University Avenue Extension/Hwy
20 Project, upon motion received and filed. Buol moved adoption of Resolution No. 415-04
Authorizing the acquisition by eminent domain of certain real property owned by Elm Real Estate,
L.C. in the City of Dubuque, Iowa and Resolution No. 416-04 Authorizing the acquisition by
eminent domain of certain real property owned by James E. Newman in the City of Dubuque,
Iowa. Seconded by Markham. Motion carried 7-0.
Plat of Survey - Lots 1 and 2 Kehrli Place: Zoning Advisory Commission recommending
approval of the Plat of Survey of Lot 1 and Lot 2 of Kehrli Place, waiving Section 42-19(b) Blocks
and Lots, upon motion received and filed. Buol moved adoption of Resolution No. 417-04
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Approving the Plat of Survey of Lot 1 and Lot 2 of Kehrli Place in the City of Dubuque, Iowa,
Seconded by Markham. Motion carried 7-0.
Adams Company - Demolition Permit: Historic Preservation Commission recommending
a~proval of the issuance of a permit to demolish the former industrial building located at 100 East
4 h Street (Adams Company), Port of Dubuque, as requested by the City of Dubuque;
communication from Jerry Enzler, Dubuque County Historical Society, requesting that demolition
of the Adams Company building be delayed until it is determined whether the building can be used
for expanded museum services; and City Manager recommending approval of the demolition of
the Adams Company, with the understanding that the demolition will be delayed several months to
determine if the Historical Society will present a re-use proposal for the building, upon motion
received and filed and approved demolition permit and also the City Manager's recommendation
to delay the demolition.
Hy-Vee Subdivision - Final Plat: Zoning Advisory Commission recommending approval of the
final plat of Hy-Vee Subdivision, located at 400 South Locust, as requested by Hy-Vee, Inc., upon
motion received and filed. Buol moved adoption of Resolution No. 418-04 Approving final plat of
Hy-Vee Subdivision in the City of Dubuque, Iowa. Seconded by Markham. Motion carried 7-0.
Technology Park - Acceptance of Patent: City Manager recommending approval of the
acceptance of Patent No. 5159 from the Iowa Department of Transportation for a right-of-way
purchase along US 61 and 151 abutting Technology Park, upon motion received and filed. Buol
moved adoption of Resolution No. 418-04 Accepting a conveyance of property (Lot F Dubuque
Technology Park) to the City of Dubuque. Seconded by Markham. Motion carried 7-0.
2003 Asphalt Paving Project: City Manager recommending acceptance of the 2003 Asphalt
Paving Project as completed by River City Paving, in the final contract amount of $799,398.80,
upon motion received and filed. Buol moved adoption of Resolution No. 420-04 Accepting
improvement and Resolution No. 421-04 Approving final contract amount. Seconded by
Markham. Motion carried 7-0.
26th Street Storm Sewer Extension Project: City Manager recommending acceptance of the 26th
Street Storm Sewer Extension Project as completed by Drew Cook & Sons Excavating Co., Inc., in
the final contract amount of $30,519.72, upon motion received and filed. Buol moved adoption of
Resolution No. 422-04 Accepting improvement and Resolution No. 423-04 Approving final contract
amount. Seconded by Markham. Motion carried 7-0.
Port of Dubuque Storm Sewer Improvements - Phase IV Project: City Manager recommending
acceptance of the Port of Dubuque Storm Sewer Improvements - Phase IV Project as completed
by Tschiggfrie Excavating Company in the final contract amount of $210,065.12, upon motion
received and filed. Buol moved adoption of Resolution No. 424-04 Accepting improvement and
Resolution No. 425-04 Approving final contract amount. Seconded by Markham. Motion carried
7-0.
Purchase of Property - 805 West 32"d Street: City Mana~er recommending approval of the
purchase of a residential dwelling located at 805 West 32" Street as part of the acquisition
program associated with expansion of the West 32"d Street detention basin, upon motion received
and filed. Buol moved adoption of Resolution No. 426-04 Approving the acquisition of real estate
located at 805 West 32"d Street in the City of Dubuque. Seconded by Markham. Motion carried 7-
O.
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Iowa Department of Cultural Affairs: Press release from the Iowa Department of Cultural Affairs
announcing the first eight cultural districts in Iowa, of which Dubuque is one, upon motion received
and filed.
Police Department Training Site: City Manager recommending approval of an Indemnity/Hold
Harmless Agreement to allow the Police Department to use the Smithfield Foods plant on East
16th Street as a training site, upon motion received and filed and approved recommendation.
City of Davenport: Communication from Jamie Howard, Mayor Pro-Tem and Alderman at Large
of Davenport, thanking the City for the recent workshop for Davenport officials and congratulating
the City on the riverfront development project, upon motion received and filed.
Alliant Energy Agreement for Installation of Outdoor Warning System: City Manager
recommending approval of a Facilities Service Agreement with Alliant Energy that will provide for
the installation of an outdoor warning siren site east of the Julien Care Facility, upon motion
received and filed and approved recommendation.
Outdoor Warning System Easement: City Manager recommending approval of an Easement
Agreement with Dubuque County to place the outdoor warning siren site east of the Julien Care
Facility, upon motion received and filed and approved recommendation.
Five Flags Center Renovation - Selection of Design Firm: City Manager recommending approval
of the selection of Durrant Architects to perform design services for the Five Flags Center
renovation project, upon motion received and filed and approved recommendation.
Government Finance Officers Association: City Manager advising that the City's Comprehensive
Annual Financial Report (CAFR) for the fiscal year ended June 30, 2003 has qualified for a
Certificate of Achievement for Excellence in Financial Reporting from the Government Finance
Officers Association (GFOA), upon motion received and filed.
2004 Sidewalk Assessment Project: City Manager recommending approval of the levy of special
assessments for the first and second areas of the 2004 Sidewalk Inspection Program, upon
motion received and filed. Buol moved adoption of Resolution No. 427-04 Adopting the final
assessment schedule for the 2004 Sidewalk Assessment Project - Bid #1 and Bid #2, including
certain information required by the Code of Iowa, specifically, the number of annual installments
into which assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the Clerk to certify the final schedule and to publish notice
thereof. Seconded by Markham. Motion carried 7-0.
Iowa Department of Transportation: Communication from Richard E. Kautz, Iowa Department of
Transportation, regarding U.S. 20 intersection improvements, upon motion received and filed.
Business Licenses: Michalski moved adoption of Resolution No. 428-04 Granting the issuance
of a Class "B" (Hotel/Motel) Liquor License to Grand Harbor Resort/Water Park; Class "C"
Beer/Liquor License to Mario's Italian Restaurant, Aragon Tap, and Point Restaurant; and Special
Class "C" Liquor License to Mississippi Mug. Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
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Southgate Center Second Addition - Request to Vacate: City Manager recommending that a
public hearing be set for December 6, 2004 to consider vacating and disposing of a twenty-foot
wide utility easement over and across Lot 1 of 1 of Southgate Center Second Addition as
requested by IIW Engineers & Surveyors, PC., upon motion received and filed. Cline moved
adoption of Resolution No. 429-04 Of intent to vacate and dispose of utility easement over Lot 1 of
1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa and set
public hearing for 12/6/04 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.
Twelfth Street - Request to Vacate: City Manager recommending that a public hearing be set for
December 6, 2004 to consider a request from the Dubuque Community School District for the
vacating and disposal of a portion of 1 ih Street between Central Avenue and White Street and the
adjacent alley from 11th Street to 13th Street, upon motion received and filed. Cline moved
adoption of Resolution No. 430-04 Of intent to vacate and dispose of City interest in part of 1ih
Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th
Street in the City of Dubuque, Dubuque County, Iowa and set this for public hearing on 12/6/04 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.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Eagle Valley Subdivision - Request to Reclassify Property: Proof of publication on notice of
hearing to consider reclassifying property located east of Roosevelt Road from R-2 Two-Family
Residential and R-3 Moderate Density Multi-Family Residential Districts to PUD Planned Unit
Development with a PR Planned Residential District designation and adopting a conceptual plan,
with conditions, for Eagle Valley Subdivision, and Zoning Advisory Commission recommending
approval, upon motion received and filed.
Ordinance No. 78-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located east of Roosevelt Road from R-2 Two-Family
Residential and R-3 Moderate Density Multi-Family Residential Districts to PUD Planned Unit
Development with a PR Planned Residential District designation and adopting a conceptual plan,
with conditions, for Eagle Valley Subdivision, 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 Cline. Motion carried 7-0.
Zoning Ordinance Text Amendment: Proof of publication on notice of hearing to consider an
amendment to the Zoning Ordinance to eliminate the need for a super majority vote by the City
Council when the Zoning Advisory Commission has recommended denial of a text amendment or
zoning reclassification, and Zoning Advisory Commission recommending denial, upon motion
received and filed.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances Section 6-1.5 Council Action by deleting the requirement of the affirmative vote of at
least three-fourths (3/4) of the City Council to enact a zoning reclassification in those cases where
the Zoning Advisory Commission has recommended disapproval of the reclassification and an
Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances Section 6-3.2 Council Action by deleting the requirement of the affirmative vote of at
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least three-fourth (3/4) of the City Council to enact a zoning amendment in those cases where the
Zoning Advisory Commission has recommended disapproval of the amendment, presented and
read.
Jeff Stiles, Chair of the Zoning Advisory Commission, spoke objecting to the proposed changes,
stating that it was the Commission's opinion that more citizens would bypass the Zoning Advisory
Commission. He requested that the City Council support the Commission and that, if the Council
adopted the proposed ordinances, that the Commission be given clarification on their role.
Dennis Faber, 2835 Carter Road, representing former members of the Zoning Advisory
Commission, spoke in opposition to the proposed ordinances; Barbara Cliff, 2233 Woodland,
spoke in favor of the super majority rule, stating it made for a good check and balance; Charles
Winterwood, 1555 Montrose Terrace, stated it was important to leave the process as it currently is;
Carla Heathcote, 2529 Stafford, spoke against the amendment stating the current process gives
citizens the opportunity to get involved; Frank Belcastro, 385 North Grandview, spoke in opposition
to the text amendment; Richard Vorwald, 2921 Washington, stated he was in agreement with the
previous comments; Paul Scheideberg, 2542 Stafford, spoke in favor of the super majority rule;
Jan Oswald, 1440 Parkway, stated the super majority provided a good system and questioned why
the City Manager and City Council wanted it changed; Mary Loney Bichell, 4392 Peru Road,
stated she was a member of the Historic Preservation Commission and that citizens volunteer to
serve the City and deserve the support of the Council; and Molly Hoeffiin, 2845 Ridgeway, spoke
in opposition to the text amendment.
After Council discussion, Markham moved to deny adoption of the proposed Ordinances.
Seconded by Buol. Motion carried 7-0.
Disposal of City-Owned Property: Proof of publication on notice of hearing to consider vacating
and disposing of a portion of City-owned property located at Lombard and Collins Streets to the
University of Dubuque and City Manager recommending approval, upon motion received and filed.
Buol moved adoption of Resolution No. 431-04 Approving plat of proposed vacated portion of
Lombard and Collins Streets. Seconded by Michalski. Motion carried 7-0.
Ordinance No. 79-04 Vacating a portion of Lombard and Collins Streets, 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.
Buol moved adoption of Resolution No. 432-04 Disposing of City interest in Lot A of Lot 2 of Lot 2
of Mineral Lot 156 in the City of Dubuque, Dubuque County, Iowa. Seconded by Michalski. Motion
carried 7-0.
Fiber Optic Conduit System Project - Phase I: Proof of publication on notice of hearing to
consider the plans and specifications for the Fiber Optic Conduit System Project - Phase I and City
Manager recommending that due to the lack of competitive bids the one bid received be rejected
and the project re-bid at a later date, upon motion received and filed. Cline moved adoption of
Resolution No. 433-04 Rejecting the bid received for the Fiber Optic Conduit System Project -
Phase I and reordering bids for the project at a later date. Seconded by Nicholson. Motion carried
7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
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Sidewalk Inspection - 2542 Stafford: Communication from Paul Scheideberg requesting
permission to remove the sidewalk abutting his property at 2542 Stafford and City Manager
recommending that the request from Mr. and Mrs. Paul Scheideberg to remove the existing
sidewalk at 2542 Stafford be denied and that they be required to repair or reconstruct the sidewalk
this year, upon motion received and filed.
Paul Scheideberg spoke requesting permission to remove the sidewalk stating there were many
outstanding problems including that sidewalk standards were not being applied fairly and his
sidewalk was targeted due to an anonymous complaint. He further stated that the property next to
his does not have sidewalks.
Buol moved to concur with the recommendation of the City Manager. Seconded by Michalski.
Motion carried 7-0.
Sidewalk Request - 2496 LaVista Court: Communication from Joe and Gail Mond requesting an
extension of time to finish the sidewalk on the north side of their property at 2496 LaVista Court
and City Manager recommending denial of the request for an extension to finish the sidewalk at
2496 LaVista Court and that the property owners be required to install the sidewalk this year, upon
motion received and filed and concurred with the City Manager's requested action.
Nevada Street - No Parking Request: City Manager recommending that the alley that extends
from Alpine Street to Nevada Street not be designated a "no parking" area as the City currently
has in place an ordinance which requires a ten foot driving lane which does not require the posting
of no parking signs and further recommending that the property owner at 394 Nevada be allowed
to widen the alley, at her own expense, if she so desires; Communication from Bob and Kay
Kingsley, Jim and Lee Grant, Dave and Mimi Resnick, and Cy and lone Konrady requesting to
speak in regard to this issue; Communication from Helen Brown, 394 Nevada Street, requesting
to speak regarding concerns with this issue, upon motion received and filed.
Bob Kingsley, 393 Alpine; David Resnick, 375 Alpine; and Cy Konrady, 430 Nevada, spoke
clarifying the problem and requesting the alley be designated a "no parking" area. Helen Brown,
394 Nevada Street, spoke in opposition to the "no parking" designation.
Buol moved that the alley be designated as "no parking" and that signs to that effect be erected.
Seconded by Markham. Motion carried 7-0.
Kivlahan Farms LC - Sidewalk Request: City Manager recommending, in response to a request
to eliminate the requirement of installing sidewalks along one side of Arboretum Drive and 32nd
Street, that Kivlahan Farms, LC be required to install sidewalks on both sides of Arboretum Drive,
upon motion received and filed and approved recommendation.
Middle School Sidewalk: City Manager recommending approval of the installation of sidewalks
on the north side of Pennsylvania Avenue from Iowa 32 to Radford Road, the east side of Radford
Road from Pennsylvania Avenue to the Asbury city limits, and from the Middle School property,
northerly, on the west side of Radford Road to the Asbury city limits and communication from Mary
Janice Giesler requesting that the City require sidewalks on all sides of Radford Road and
Pennsylvania Road, said item presented at the 9/7/04 Council meeting, upon motion received and
filed and approved recommendation.
Key City Properties No.2 - Final Plat: City Manager recommending approval of the final plat of
Key City Properties No.2, which is located within two miles of the corporate limits of the City of
Dubuque, but not within a primary growth area, upon motion received and filed. Markham moved
adoption of Resolution No. 434-04 Approving final plat of Key City Properties No.2 in Dubuque
County, Iowa. Seconded by Cline. Motion carried 7-0.
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Affordable Housing Tax Credit Application - Gronen Properties: Communication from John
Gronen requesting that the City support his application to the Iowa Finance Authority for housing
tax credits for development of affordable rental housing to be located at 1798 Washington Street
and City Manager recommending approval of a request from Gronen Properties for City support of
an application to the Iowa Finance Authority for housing tax credits, upon motion received and
filed. Michalski moved adoption of Resolution No. 435-04 Of support for the development of an
affordable housing project on Washington Street. Seconded by Nicholson. Motion carried 7-0.
Request for Proposals - Zoning and Subdivision Ordinance Update: City Manager
recommending approval of the issuance of a Request for Proposals for the update of the Zoning
and Subdivision Ordinance, upon motion received and filed and approved recommendation.
Rental of Jackson Park: City Manager submitting a history of the rental fee charges in
neighborhood parks and recommending that no fee be charged to events that use neighborhood
and mini parks (except Washington Park) and are open to the public, upon motion received and
filed and approved recommendation.
Bee Branch Creek Restoration Alignment Study Work Session: Communication to James
Patchett, Conservation Design Forum, inviting him to attend the December 13, 2004 work session
regarding the Bee Branch Creek Restoration Alignment Study, upon motion received and filed.
Iowa League of Cities: Council Member Dan Nicholson advising that he has accepted a
nomination from the Iowa League of Cities to chair the newly-formed Technology Committee, upon
motion received and filed and congratulated him on the nomination.
COUNCIL MEMBER REPORTS
Mayor Duggan stated that in reference to the letter from the County about the possibility of
combining the City and County Assessor offices, that Council had discussed this previously and
determined there was no interest in the proposal.
There being no further business, upon motion meeting adjourned at 8:42 P.M.
1t 11/24
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City Clerk
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