2 21 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, February 21, 2005
Council Met in Special Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Connors, Markham, Michalski, Nicholson, City
Manager Van Milligen, Corporation Counsel Lindahl
Absent: Council Member Cline
Mayor Duggan read the call and stated this is a special session of the City Council called for the
purpose of discussing matters which may properly come before the Council.
Invocation was given by Reverend Doctor Thomas Young, Pastor of Westminster Presbyterian
Church.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 1/31; Arts and Cultural Affairs
Commission of 1/25; City Council of 2/7 and 2/15; Five Flags Commission of 1/17; Housing
Commission Trust Fund Committee of 2/1; Human Rights Commission of 1/10; Mechanical Board
of 2/1; Park and Recreation Commission of 2/8; Zoning Advisory Commission of 2/2; Zoning Board
of Adjustment of 1/27, upon motion received and filed.
Proof of publication of List of Claims and Summary of Revenues for the month ending December
31, 2004, upon motion received and filed.
Library Board of Trustees Update from Meeting of January 27, 2005, upon motion received and
filed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending January
31, 2005 (on file in City Clerk’s Office), upon motion received and filed.
Notice of Claims/Suits: Carrie Bills vs. City of Dubuque et al; Lois Bublitz for property damage;
Freedom Properties, LLC for property damage; Ken Kieffer for property damage; Ronald Koppes
for vehicle damage; Darryl T. Ricke for vehicle damage; Heidi Stierman vs. the City of Dubuque
Housing Division, upon motion received and filed and referred to Legal for investigation.
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: Lois M. Bublitz for property
damage; Freedom Properties, LLC for property damage; Ronald Koppes for personal
injury/property damage; Darryl T. Ricke for vehicle damage; and Rose Ruff for vehicle damage,
upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Ken Kieffer for property damage, upon
motion received and filed and concurred.
U.S. Department of Housing and Urban Development: Communication from U.S. Department of
Housing and Urban Development advising that the audit report for the period July 1, 2003 through
June 30, 2004 has been satisfactorily closed, upon motion received and filed.
1
Citizen Communication: Communication of John and Karla Steger to the Iowa Department of
Natural Resources regarding grading and fill activities that have taken place immediately next to
their property at 11775 North Cascade Road, upon motion received and filed.
Tax Assessment Appeal – Stipulation of Settlement: Corporation Counsel submitting a Stipulation
of Settlement of a tax assessment appeal by Kress Industrial Facility, L.L.C., upon motion received
and filed and approved Settlement.
Yiannias Place No. 3 – Plat of Survey: Zoning Advisory Commission recommending approval of
the plat of survey of Lot 1 of 2 and Lot 2 of 2 of Yiannias Place No. 3 located on John F. Kennedy
Road, upon motion received and filed. Buol moved adoption of Resolution No. 53-05 Approving
plat of survey of Lot 1 of 2 and Lot 2 of 2 of Yiannias Place No. 3 in the City of Dubuque, Iowa.
Seconded by Nicholson. Motion carried 6-0.
Yuan Place – Plat of Survey: Zoning Advisory Commission recommending approval of the plat of
survey of Lot 1 and Lot A of Yuan Place located on John F. Kennedy Road, upon motion received
and filed. Buol moved adoption of Resolution No. 54-05 Approving plat of survey of Lot 1 and Lot
A of Yuan Place. Seconded by Nicholson. Motion carried 6-0.
Dubuque Main Street, Ltd.: Communication to the Board of Trustees Preservation Committee in
support for the nomination of Dubuque Main Street, Ltd. for the National Trust for Historic
Preservation’s Trustees’ Award for Organizational Excellence, upon motion received and filed and
approved recommendation.
Electronic Bidding on Bond Issues: City Manager recommending that the City begin utilizing
electronic bidding for future bond issues to broaden the pool of potential bidders, upon motion
received and filed and approved recommendation.
Calendar Year 2004 Urban Revitalization Program Applications: City Manager recommending
approval of eighteen 2004 Urban Revitalization Program applications for residential property tax
exemption, upon motion received and filed. Buol moved adoption of Resolution No. 55-05
Approving residential property tax exemption applications submitted by property owners in
recognized urban revitalization areas and authorizing the transmittal of the approved applications
to the City Assessor. Seconded by Nicholson. Motion carried 6-0.
University Avenue Extension Project: City Manager recommending approval of a purchase
agreement for the purchase of property from Elm Real Estate, L.C. (Iowa Glass) for the University
Avenue Extension Project, upon motion received and filed and approved recommendation.
Destination Signs – National Mississippi River Museum and Aquarium: Communication of City
Manager to Dick Kautz, Iowa Department of Transportation, in support of the installation of
highway destination signs for the National Mississippi River Museum and Aquarium and advising
that the City agrees to install additional destination signs on the secondary street system within the
City, upon motion received and filed and approved recommendation.
Memorandum of Understanding – McFadden: City Manager recommending approval of a
Memorandum of Understanding between the City and Vincent and Luella McFadden that will allow
the City to proceed with rezoning the McFadden property to industrial use, upon motion received
and filed and approved recommendation.
2
Management Agreement for Bunker Hill Golf Course: City Manager recommending approval of a
management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course for
the period March 1, 2005 through November 30, 2005, upon motion received and filed and
approved recommendation.
Miller-Riverview Park Management Agreement: City Manager recommending approval of a
management agreement with Pat Felderman for Miller-Riverview Park for the period April 1
through November 1, 2005, upon motion received and filed and approved recommendation.
Dubuque Voluntary Annexation: Communication to Steven R. McCann, City Development Board,
regarding Dubuque’s voluntary annexation of approximately 704.5 acres, upon motion received
and filed.
Dubuque Yacht Basin Lease: City Manager recommending approval of a request from Dubuque
Yacht Basin, Inc. to sublease restaurant space to Catfish Charlie’s, L.L.C., upon motion received
and filed and approved recommendation.
Public Ice Skating Petition Response: City Manager providing a response to the petition
requesting that Saturday public skating sessions be scheduled for the remainder of the season at
Five Flags, upon motion received and filed.
Zoning/Subdivision Ordinance Update – Consultant Selection: City Manager recommending
approval of the selection of Lane Kendig, Inc. to prepare a comprehensive update of the City of
Dubuque’s Zoning and Subdivision Ordinances, and that City staff negotiate a contract not to
exceed $130,000 that includes the firm’s internet-based computerized ordinance software, upon
motion received and filed and approved recommendation.
East Central Intergovernmental Association: Communication of City Manager to the East Central
Intergovernmental Association in support of an application for a collaborative Economic
Development Marketing Grant, upon motion received and filed.
Business License Refund: Request of Clyde P. Mihalakis, The Dip Tap, for a refund in the
amount of $422.50 on his Class C Liquor license, upon motion received and filed and approved
refund.
Business Licenses: Buol moved adoption of Resolution No. 56-05 Granting the issuance of a
Class “C” Beer Permit to Lee’s 76/West Locust Mart and Big 10 Mart and Resolution No. 57-05
Granting the issuance of a Class “C” Beer/Liquor License to P.J.’s Tap and Bootleggers Pub.
Seconded by Nicholson. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Sale of Property – 966 Liberty Street: City Manager recommending that a public hearing be set
for March 7, 2005 to consider a request from Roger and Ann Pickel to purchase Lot 1, Clark’s Sub
2 (966 Liberty Street), which is located adjacent to their property, upon motion received and filed.
Markham moved adoption of Resolution No. 58-05 Of intent to dispose of City interest in Lot 1
Clark’s Sub 2 in the City of Dubuque, Iowa (966 Liberty Street) and set public hearing for 3/7/05 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 Connors. Motion carried 6-0.
3
Dubuque Industrial Center West – General Obligation Bond Issue: City Manager recommending
that a public hearing be set for March 7, 2005 to consider the issuance of not to exceed
$7,265,000 General Obligation Bonds to support grading and infrastructure improvements to the
former Bergfeld farm property and other amenities in Bergfeld Recreation Area in the Dubuque
Industrial Center Economic Development District, upon motion received and filed. Markham
moved adoption of Resolution No. 59-05 Fixing date for a meeting on the proposition of the
issuance of not to exceed $7,265,000 General Obligation Bonds (for an Essential Corporate
Purpose) of Dubuque, Iowa and providing for publication of notice thereof, with said hearing date
to be 3/7/05 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 Connors. Motion carried
6-0.
Dubuque Star Brewery Building – General Obligation Bond Issue: City Manager recommending
that a public hearing be set for March 7, 2005 to consider the issuance of not to exceed
$1,150,000 General Obligation Bonds to support rehabilitation and redevelopment of the historic
Dubuque Star Brewery Building, upon motion received and filed. Markham moved adoption of
Resolution No. 60-05 Fixing date for a meeting on the proposition of the issuance of not to exceed
$1,150,000 General Obligation Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa and
providing for publication of notice thereof, with said hearing date to be 3/7/05 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 Connors. Motion carried 6-0.
Stormwater Projects – General Obligation Bond Issue: City Manager recommending that a public
hearing be set for March 7, 2005 to consider the issuance of not to exceed $1,750,000 in General
Obligation Bonds to support stormwater projects included in the adopted Fiscal Year 2005 CIP
budget, upon motion received and filed. Markham moved adoption of Resolution No. 61-05 Fixing
date for a meeting on the proposition of the issuance of not to exceed $1,750,000 General
Obligation Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa and providing for
publication of notice thereof, with said hearing to be 3/7/05 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 Connors. Motion carried 6-0.
Exterior Renovations – Carnegie Stout Public Library Project: City Manager recommending
initiation of the public bidding process for the Exterior Renovations – Carnegie Stout Public Library
Project and that a public hearing on the plans and specifications be set for March 21, 2005, upon
motion received and filed. Markham moved adoption of Resolution No. 62-05 Preliminary approval
of plans and specifications; Resolution No. 63-05 Setting date of hearing on plans and
specifications for 3/21/05 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. 64-
05 Ordering bids. Seconded by Connors. Motion carried 6-0.
Marshall Park Rest Room Project: City Manager recommending initiation of the public bidding
process for the Marshall Park Rest Room Project and that a public hearing on the plans and
specifications be set for April, 4, 2005, upon motion received and filed. Markham moved adoption
of Resolution No. 65-05 Preliminary approval of plans and specifications; Resolution No. 66-05
Setting date of hearing on plans and specifications for 4/4/05 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. 67-05 Ordering bids. Seconded by Connors. Motion carried
6-0.
4
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Community Development Advisory Commission (One 3-year term through 2/15/08 - term of
Pregler); Applicants: Janice Craddieth; R.J. Sullivan. Ms. Craddieth spoke requesting
consideration for appointment.
Zoning Board of Adjustment (One unexpired 5-year term through 3/25/07 – term of Wm.
Felderman): Applicant: William J. Gibbs. No one spoke.
Appointments to the following Boards / Commissions: Community Development Advisory Com-
mission (Three 3-year terms through 2/15/08 – terms of Oliver, Shaw and Pregler)
Applicants: David Oliver, David Shaw. Upon motion David Oliver and David Shaw reappointed
to three year terms which will expire 2/15/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
1960 White Street – Request to Rezone: Proof of publication on notice of hearing to consider
rezoning a portion of property located at 1960 White Street from R-3 Moderate Density Multi-
Family Residential District to C-4 Downtown Commercial District to allow for a commercial
garage/office as requested by Jeffrey Jaeger and Zoning Advisory Commission recommending
denial, and communication from Jeffrey J. Jaeger withdrawing his rezoning request for property at
1960 White Street, upon motion received and filed. An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located at 1960 White Street from R-3 Moderate Density Multi-Family
Residential District to C-4 Downtown Commercial District, presented and read. Upon motion this
application was withdrawn.
4616 Asbury Road – Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located at 4616 Asbury Road from AG Agricultural District to C-3 General
Commercial District as requested by Chuck Nauman/Maxine Roussel and Zoning Advisory
Commission recommending approval and communication from Tim Quagliano regarding the
proposed rezoning and access to the parcel of property to be rezoned, upon motion received and
filed. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 4616 Asbury Road from AG
Agricultural District to C-3 General Commercial District, presented and read.
Mayor Duggan turned the meeting over to the Mayor Pro-tem due to possible conflict of interest.
Chuck Nauman, 800 Kane St., spoke requesting the adoption of the Ordinance. He clarified the
traffic patterns questioned by Mr. Quagliano.
Maxine Roussel, 4616 Asbury Road, spoke in favor of the requested rezoning, stating that traffic
had diminished since the Highway 20 - Dodge Street improvements were finished.
Council Member Michalski questioned the access to this and other nearby developments in
general, noting that other development is served by an access road.
Buol moved to close the Public Hearing and table to the next meeting. Seconded by Nicholson.
Motion carried 5-0.
Mayor Duggan returned and took control of the meeting.
5
Grandview-University, LLC – Text Amendment: Proof of publication on notice of hearing to
consider amending Section 3-5.2(B)(1) of the Zoning Ordinance to allow pharmacies as a
permitted use in the ID Institutional District as requested by Grandview-University, LLC and Zoning
Advisory Commission recommending approval, upon motion received and filed.
Ordinance No. 4-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by adding drug stores as a permitted use in the 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. Seconded by Connors. Motion carried 6-0. Buol moved final consideration and
passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0.
The Finley Hospital – Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located at the southeast corner of University Avenue and Grandview Avenue
th
and the southwest corner of West 5 and College Streets from R-2 Two-Family Residential District
to ID Institutional District and Zoning Advisory Commission recommending approval, upon motion
received and filed. Ordinance No. 5-05 Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by providing for the amendment of Ordinances 35-93 and 59-00
by approving an amended conceptual development plan for The Finley Hospital ID Institutional
District and reclassifying hereinafter described property located at the southeast corner of
th
University and Grandview Avenues and the southwest corner of 5 and College Streets from R-2
Two Family Residential District to 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. Seconded
by Connors. Motion carried 6-0. Buol moved final consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 6-0.
John Knox, The Finley Hospital; Marty Johnson, Straka Johnson Architects, and Michael Berg,
Dubuque Internal Medicine, spoke in support of the request and clarified various aspects of the
proposed expansion.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
All-America Professional Basketball League – Contract:
Letter from SMG requesting withdrawal of this item; City Manager recommending approval of a
contract with the All-America Professional Basketball League to use the Five Flags Center;
Communication from James E. Goodman, Jr., Dubuque Youth Hockey Association, requesting to
address the City Council regarding the proposed basketball league; Verbal request of Randy Lund
to address the Council regarding the proposed basketball league; Communication from Ben Roth
to address the Council regarding the proposed basketball contract; Communications from Mark
Stevenson, Darin Harmon, Jill Leach, Chrissie Pluemer, and Tony Theisen in opposition to the
proposed basketball league, upon motion received and filed and withdrew item.
No Parking Designation – Alley Behind Courthouse: City Manager recommending approval of the
restriction of parking in the 700 block of the alley between Central Avenue and White Street, as
requested by the Dubuque County Board of Supervisors, upon motion received and filed.
An Ordinance 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 the alley between
Central Avenue and White Street from Seventh Street to Eighth Street, presented and read. Buol
moved that the requirement that a proposed Ordinance be considered and voted on for passage at
6
two Council Meetings prior to the meeting at which it is to be finally passed be suspended.
Seconded by Connors. Motion carried 6-0. Buol moved final consideration and passage of the
Ordinance. Seconded by Markham. Motion carried 6-0.
PUBLIC INPUT
Ken Nye requested City assistance for getting the word out about listing the names of Veterans
who worked at the Dubuque Packing Co. at the Hormel Museum in Minnesota.
At 7:35 upon motion it was resolved to go into Closed Session re: Property Acquisition – Chapter
21.5(1)(j) 2005 Code of Iowa.
At 7:56 Council reconvened regular special session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:57 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/2
7