3 7 05 City Council Proceedings
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 7, 2005
Council met in Special Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson,
City Manager Van Milligen, Corporation Counsel Lindahl.
Invocation was given by Reverend Richard Carns, Pastor, Grandview Heights Baptist Church.
Laura Carstens, Planning Services Director, presented to the Council the recently granted National
Trust for Historic Preservation Award.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2/8; City
Conference Board of 3/9/04, 2/12, and 2/7/05; City Council of 2/16, 2/21, 2/22, 2/24 and 2/28;
Historic Preservation Commission of 2/17; Housing Commission of 2/22; Housing Commission Trust
Fund of 2/14; Library Board of 12/16 and 1/27; Long Range Planning Advisory Commission of 2/16,
upon motion received and filed.
Proof of publications of City Council Proceedings of February 7, 15, and 16, 2005 and List of
Claims and Summary of Revenues for month ending January 31, 2005 (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 February
28, 2005, upon motion received and filed.
Notice of Claims/Suits: Bruce Rutz for personal injuries; Dianna Stonskas for property damage;
Wells Fargo Bank vs City of Dubuque, et al, 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, Dianna Stonskas for property
damage, upon motion received and filed and concurred.
Housing Code Appeals Board: Communications from Thomas A. Hannan and Robert L. Sampson
submitting their resignations from the Housing Code Appeals Board, upon motion received and filed.
Consultant Selection for the Design of Floodwall Improvement Projects: City Manager
recommending approval of the selection of IIW Engineers and Surveyors, P.C. to provide
architectural and engineering services for improvements to the City’s floodwall pumping facilities,
upon motion received and filed and approved recommendation.
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Iowa Clean Air Attainment Program (ICAAP) Funding: City Manager recommending approval of an
application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program (ICAAP)
funding for Priority 1 (US 20 – Devon Drive to Menards) of the Traffic Signal and Intelligent
Transportation System improvements, upon motion received and filed. Buol moved adoption of
Resolution No. 68-05 Authorizing the filing of an application with the Iowa Department of
Transportation for Iowa Clean Air Attainment Program (ICAAP) funding of Priority 1 (US 20 – Devon
Drive to Menards) of the Traffic Signal and ITS (Intelligent Transportation System) Improvements
Project. Seconded by Nicholson. Motion carried 7-0.
Legislative Letters: Communication to State Legislators encouraging them to vote no on HF 403
regarding the exemption of instructional support property tax levy of a school district from being
collected as part of incremental taxes paid for an urban renewal area; Communication to State
Representative Pam Jochum encouraging a “no” vote to HSB 59 regarding a change in definition of
the Open Meetings law, upon motion received and filed.
Mississippi Valley Promise Board: Communication from Jane Steele, Executive Director, welcoming
City Manager Michael C. Van Milligen to the Mississippi Valley Promise Board, upon motion received
and filed.
Washington Court Project: City Manager recommending approval of the publication of a combined
notice of finding of no significant impact on the environment and notice of intent to request release of
funds for the Washington Court Project, upon motion received and filed. Buol moved adoption of
Resolution No. 69-05 Authorizing publication of a Combined Notice of Finding of No Significant
Impact on the Environment and Notice of Intent to Request Release of Funds for the Washington
Court Project. Seconded by Nicholson. Motion carried 7-0.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising
that the Upper Main Street Historic District has been accepted for nomination to the National
Register of Historic Places, upon motion received and filed.
Community Development Block Grant Fund: Communication to Senator Charles Grassley, Senator
Tom Harkin, and Congressman Jim Nussle requesting their support in saving the Community
Development Block Grant (CDBG) Program and restoring its funding, upon motion received and
filed.
University Avenue Reconstruction Project: City Manager recommending award of the contract for
the University Avenue Reconstruction (US 20 to University Avenue) Reinforced Concrete Box
Culvert Extension Project, which was bid by the Iowa Department of Transportation, to Tschiggfrie
Excavating Company, upon motion tabled to 3/21/05.
Star Brewery Lease Extension: City Manager recommending approval of a second amendment to
the Lease Agreement with Historical Star Redevelopment to extend the original lease for a five
month period, upon motion received and filed. Buol moved adoption of Resolution No. 70-05
Authorizing the execution of a Second Amendment to Lease Agreement with Historical Star
Redevelopment L.L.C. for the Star Brewery Building. Seconded by Nicholson. Motion carried 7-0.
Vision Iowa Grant Award Agreement Amendment: City Manager recommending approval of an
Amendment to the Vision Iowa Grant Award approving an extension of time for completion of specific
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projects in the Port of Dubuque, upon motion received and filed. Buol moved adoption of Resolution
No. 71-05 Approving an amendment to the Grant Award Agreement among the Vision Iowa Board,
the City of Dubuque, Iowa and the Dubuque County Historical Society. Seconded by Nicholson.
Motion carried 7-0.
City Development Board: Communication from Steven R. McCann, City Development Board, to the
Honorable Chester Culver, Iowa Secretary of State, filing the documents necessary to complete the
annexation for the City of Dubuque’s boundary change, upon motion received and filed.
Transient Boat Docks – Consultant Selection: City Manager recommending approval of the
selection of the Abonmarche Group as the professional consulting firm to complete a Transient Boat
Docks Feasibility Study for the Port of Dubuque, upon motion received and filed. Buol moved
adoption of Resolution No. 72-05 Approving the Abonmarche Group to complete a Transient Boat
Docks Feasibility Study for the Port of Dubuque. Seconded by Nicholson. Motion carried 7-0.
Dubuque Lodge No. 355: Dubuque Lodge No. 355 to permanently transfer their LA Liquor License
from 1166 Main Street to 2635 Windsor Avenue, upon motion received and filed and approved
transfer.
Business Licenses: Buol moved adoption of Resolution No. 73-05 Granting the issuance of a Class
“C” Beer/Liquor License to Rafters, Inc.; The Bar X; Dubuque Racing Association; and Dubuque
Fraternal Order of Eagles. Seconded by Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
University Avenue Reconstruction: Michalski moved adoption of Resolution No. 74-05 Preliminary
approval of plans and specifications and Resolution No. 75-05 Setting date of hearing on plans and
specifications with hearing date set 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.
Seconded by Connors. Motion carried 7-0.
2005 Curb Ramp Installation – CDBG Project No. 1: City Manager recommending initiation of the
public bidding process for the 2005 Curb Ramp Installation – CDBG Project No. 1 and that a public
hearing on the plans and specifications be set for March 21, 2005, upon motion received and filed.
Michalski moved adoption of Resolution No. 76-05 Preliminary approval of plans and specifications
and Resolution No. 77-05 Setting date of hearing on plans and specifications with hearing set 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. 78-05 Ordering bids.
Seconded by Connors. Motion carried 7-0.
US 20 Bridge – Right-of-Way: City Manager recommending that a public hearing be set for March
21, 2005 to consider approval of the Purchase Agreement and Quit Claim Deed to provide the
necessary right-of-way to the Iowa Department of Transportation for construction of a new US 20
bridge crossing the Mississippi River, upon motion received and filed. Michalski moved adoption
of Resolution No. 79-05 Of intent to dispose of City interest in a parcel of land located in Government
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Lot 3 of Section 30, Township 89 North, Range 3 East of the 5 P.M., City of Dubuque, Dubuque
County, Iowa and set public hearing for 3/21/05 at a meeting to commence at 6:30 P.M. in the public
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library auditorium and direct the City Clerk to publish notice in the manner prescribed by law.
Seconded by Connors. Motion carried 7-0.
Dubuque Industrial Center West Third Addition/Contract A Mass Grading Project: City Manager
recommending initiation of the public bidding process for the Dubuque Industrial Center West Third
Addition/Contract A Mass Grading Project and that a public hearing on the plans and specifications
be set for April 4, 2005, upon motion received and filed. Michalski moved adoption of Resolution No.
80-05 Preliminary approval of plans and specifications; Resolution No. 81-05 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. 82-05 Ordering bids. Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions: Zoning Board of Adjustment (One 5-year term through 3/25/10 – Term of
Ruden) Applicant:Michael A. Ruden. Mr. Ruden was unable to attend.
Appointments to the following Boards/Commissions:
Community Development Advisory Commission (One At-Large 3-year term through 2/15/08 - term
of Pregler); Applicants: Janice Craddieth; R.J. Sullivan
Communication from Tara Nelson in support of the appointment of Janice Craddieth, upon motion
received and filed. Vote on the appointment was as follows: Duggan voted for Sullivan; Markham
voted for Craddieth; Michalski voted for Craddieth; Nicholson voted for Sullivan; Buol voted for
Craddieth; Cline voted for Sullivan; Connors voted for Craddieth. Therefore, Janice Craddieth
appointed to a three year term on the Community Development Advisory Commission which will
expire 2/15/08.
Zoning Board of Adjustment (One unexpired 5-year term through 3/25/07 – term of Wm. Felderman)
Applicant: William J. Gibbs. Upon motion, Mr. Gibbs appointed to the unexpired five year term
which will expire 3/25/07.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Sale of Property – 966 Liberty Street: Proof of publication on notice of hearing 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, and City Manager recommending approval, upon motion received
and filed. Markham moved adoption of Resolution No. 83-05 Disposing of City interest in Lot 1
Clark’s Sub 2 in the City of Dubuque, Iowa (966 Liberty Street) to Roger & Ann Pickel. Seconded by
Nicholson. Motion carried 7-0.
Dubuque Industrial Center West – General Obligation Bond Issue: Proof of publication on notice of
hearing 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 and City
Manager recommending approval, upon motion received and filed. Buol moved adoption of
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Resolution No. 84-05 Instituting proceedings to take additional action for the issuance of not to
exceed $7,265,000 General Obligation Bonds. Seconded by Nicholson. Motion carried 7-0.
Rhodes “Bud” Isenhart, 8968 Quail Ridge Rd., spoke regarding tax increment financing and
questioned where the money goes from land sales. City Manager Van Milligen responded.
Stormwater Projects – General Obligation Bond Issue : Proof of publication on notice of hearing
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 and City Manager
recommending approval, upon motion received and filed. Markham moved adoption of Resolution
No. 85-05 Instituting proceedings to take additional action for the issuance of not to exceed
$1,750,000 General Obligation Bonds and Resolution No. 86-05 Directing the advertisement for sale
of General Obligation Bonds, Series 2005A, Series 2005B and taxable Series 2005C, in the
aggregate principal amount of $9,105,000 and approving electronic bidding procedures. Seconded
by Cline. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski,
Nicholson. Nays—Duggan.
Dubuque Star Brewery Building – General Obligation Bond Issue: Proof of publication on notice of
hearing 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 and City Manager
recommending approval, upon motion received and filed. Buol moved adoption of Resolution No.
87-05 Instituting proceedings to take additional action for the issuance of not to exceed $1,150,000
General Obligation Bonds. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
4616 Asbury Road – Request to Rezone (Tabled on February 21, 2005): Consideration of 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; Communication from Timothy J. Quagliano clarifying his position on
rezoning of land located at 4616 Asbury Road; Communication from Tim Quagliano regarding the
proposed rezoning and access to the parcel of property to be rezoned, and 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, upon motion to remain tabled.
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City Interest in Disposition of the Federal Building/350 West 6 Street: City Manager
recommending approval of correspondence with the General Services Administration (GSA)
expressing the City’s interest in pursuing acquisition of the Federal Building at 350 West Sixth Street
for public purposes, upon motion received and filed and approved recommendation.
Code of Ordinances – Scheduled Fines for Speeding Violations: City Manager recommending
approval of an amendment to the Code of Ordinances to allow electronic entry of the fine, court costs
and bond amounts with regard to speeding violations, an Ordinance amending the City of Dubuque
Code of Ordinances by adding a new Subsection 32-231(d) adopting the scheduled fines provided
for in the Iowa Code for speeding violations, presented and read. Buol moved to receive and file the
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communication and 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 7-0.
Ordinance No. 7-05 amending the City of Dubuque Code of Ordinances by adding a new
Subsection 32-231(d) adopting the scheduled fines provided for in the Iowa Code for speeding
violations, presented and read. Buol moved final consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Historic Preservation Commission: Communication from the Historic Preservation Commission
requesting that the City Council send notification to the State Legislators in support of any funding
for historic preservation, upon motion received and filed and directed staff to send the letter.
Historic District Public Improvement Program: Historic Preservation Commission submitting the
2005 Historic District Public Improvement Program applications and recommendations/summary on
each, upon motion received and filed.
A. Four Mounds Foundation: Historic Preservation Commission recommending that the City
Council approve $6,000 from the Historic District Public Improvement Program to fund the request
from the Four Mounds Foundation to install directional signage and a kiosk at Four Mounds Estates
Historic District, upon motion received and filed and approved funding.
B. Historic Bluffs Neighborhood Association/Andrew Brachman: Historic Preservation Commission
recommending City Council approve $3,000 from the Historic District Public Improvement Program to
fund the request of the Historic Bluffs Neighborhood Association/Andrew Brachman to install
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landscaping, benches, fencing, pavers and a historical plaque at the former West 11 Street
elevator, upon motion received and filed and approved funding. Council commended the Eagle
Scout for doing this project.
C. Historic Bluffs Neighborhood Association/Chris Olson: Historic Preservation Commission
recommending City Council approve $90,000 from the Historic District Public Improvement Program
to fund the request of the Historic Bluffs Neighborhood Association/Chris Olson to install historic
street lights and bury utility lines along Grove Terrace and Lower Grove Terrace, upon motion
received and filed and approved funding.
D. Dubuque Main Street, Ltd: Historic Preservation Commission recommending City Council
approve $100,000 from the Historic District Public Improvement Program to fund the request of
Dubuque Main Street, Ltd., to offset property owners’ sidewalk assessments in the Old Main Historic
District, upon motion received and filed and approved funding.
E. Downtown Neighborhood Council: Historic Preservation Commission recommending City
Council approve $24,346.95 from the Historic District Public Improvement Program to fund the
request of the Downtown Neighborhood Council/Dave Stuart for the installation of brick sidewalks at
1105, 1145, and 1389 Locust Street, and 1323 – 1325 Bluff Street, upon motion received and filed
and approved funding.
Historic District Public Improvement Program - Downtown Neighborhood Council/Dave Stuart
Application: Historic Preservation Commission recommending that the City Council approve the
historic replica traffic lights as submitted by the Downtown Neighborhood Council/Dave Stuart and to
direct the Engineering Department to use an existing CIP budget to update the three most critical
intersections and City Manager recommending denial of the request of the Historic Preservation
Commission that the project budget for the replacement of four traffic signals on Loras Boulevard be
increased from $180,000 to $260,000 to have the new traffic lights on Loras Boulevard be historic
replicas, upon motion received and filed and denied. Dave Stuart spoke in favor of the project.
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Port of Dubuque: City Manager recommending approval of ordinance changes to stop signs,
parking restrictions and motor truck routes in the Port of Dubuque, upon motion received and filed.
Ordinance 8-05 Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying
Subsection (b) of Section 32-314 thereof to acknowledge the change in street name designations for
stop signs at Fourth Street (now Ice Harbor Drive) and Sixth Street (now Fifth Street) and Adams
Street and Fourth Street (now Ice Harbor Drive); Ordinance No. 9-05 Amending Section 32-163.1
prohibiting motor truck’s registered for a gross weight limit exceeding ten thousand (10,000) pounds
from traveling on designated streets to acknowledge the change in street name designation from Ice
Harbor Road to Ice Harbor Drive; Ordinance No. 10-05 Amending Section 32-262(d) of the Code of
Ordinances of the City of Dubuque, Iowa, providing for parking by deleting certain portions of Bell
Street and Fifth Street; Ordinance No. 11-05 Amending Section 32-262(d) of the Code of Ordinances
of the City of Dubuque, Iowa prohibiting parking on designated streets or portions thereof to
acknowledge the change in street name designation from Fourth Street to Ice Harbor Drive,
presented and read. Buol moved that the requirement that the proposed Ordinances be considered
and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally
passed be suspended. Seconded by Connors. Motion carried 7-0. Buol moved final consideration
and passage of the Ordinances. Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Markham noted that Michael Gartner had praised City Manager Van Milligen’s strong leadership.
At 7:22 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition – Chapter 21.5(1)(c)(j) 2003 Code of Iowa.
At 7:35 P.M. Council reconvened Regular Session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:36 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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