4 18 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, April 18, 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.
Mayor Duggan read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the Council.
Invocation was given by Deacon Bill Mauss.
Proclamations: Medical Laboratory Week (April 24 - 30, 2005) received by United Clinical
Laboratories personnel John Shaffer, Roxanne Stoffel, Ann McCray and MaryJo Bonifas.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 4/4; Civil Service Commission of 3/15 and 4/5;
Environmental Stewardship Commission of 4/5; Historic Preservation Commission of 3/17 and
3/22; Human Rights Commission of 3/14; Zoning Advisory Commission of 4/6; Zoning Board of
Adjustment of 3/24 and 4/7, upon motion received and filed.
Proof of publication of City Council Proceedings of March 21, 2005, upon motion received and
filed.
City of Dubuque Financial Reports for the month ending March 31, 2005 (On file in City Clerk's
Office), upon motion received and filed.
Airport Update of April 12, 2005, upon motion received and filed.
Notice of Claims/Suits: Merrill P. Henrichs for vehicle damage; Sandra Elizabeth Tilton for
personal injury, 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: Merrill P. Henricks for
vehicle damage; Sandra E. Tilton for personal injury, upon motion received and filed and
concurred.
Citizen Communications: Communication of Harry Townsend, Cuba City, Wisconsin, and Tom
Nielsen regarding Grandstand Under the Stars, upon motion received and filed.
Amendment to Collective Bargaining Agreement: City Manager recommending approval of an
amendment to the Collective Bargaining Agreement between the City and Teamsters Local Union
No. 421, upon motion received and filed and approved recommendation.
Woodland Estates No.3 - Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Woodland Estates No. 3 located on North Cascade Road in Dubuque County as
requested by Buesing & Associates/Mark & Staci McKeon/Gerhard & Ruth Duddeck, upon motion
received and filed. Michalski moved adoption of Resolution No. 152-05 Approving the final plat of
Woodland Estates NO.3 in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0.
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Knob Hill Grove NO.4 - Final Plat: City Manager recommending approval of the final plat of Lots
1, 2 and 3 of Knob Hill Grove NO.4 located on Duggan Drive as requested by Buesing &
Associates, upon motion received and filed. Michalski moved adoption of Resolution No. 153-05
Approving the final plat of Lots 1, 2 and 3 of Knob Hill Grove NO.4 in the City of Dubuque, Iowa.
Seconded by Nicholson. Motion carried 7-0.
Assistance to Firefighters Grant: City Manager recommending approval of the submittal of a
FEMA Assistance to Firefighters Grant Program application, upon motion received and filed and
approved recommendation.
Purchase of Property: City Manager recommending approval of the purchase of property located
at 645 Gillespie Street as a part of the acquisition program associated with expansion of the West
32nd Street Detention Basin, upon motion received and filed. Michalski moved adoption of
Resolution No. 154-05 Approving the acquisition of real estate located at 645 Gillespie Street in
the City of Dubuque. Seconded by Nicholson. Motion carried 7-0.
Rustic Hills Carriage Tours: City Manager recommending approval of the fourth amendment to
the lease agreement between the City and Colleen B. Lindstrom d/b/a Rustic Hills Carriage Tours
for the former Dock Board building, upon motion received and filed and approved
recommendation.
Cascade Cycling Club: Communication from the Cascade Cycling Club requesting paved
shoulders on County Road Y13 between Farley and Cascade and Aitchison Road and requesting
that the City send a letter of support to the Dubuque County Board of Supervisors, upon motion
received and filed.
Born Avenue: City Manager submitting information regarding the e-mail from Sara and Roger
Poling of 1615 Born Avenue, upon motion received and filed.
Area Residential Care, Inc.: City Manager recommending approval of an agreement with Area
Residential Care Vocational Services to supply litter pick-up services by the skate park at
McAleece, Allison-Henderson Park, Comiskey Park and in the office at the Bunker Hill Golf
Course, upon motion received and filed and approved recommendation.
Dubuque Industrial Center West: City Manager recommending approval of an amendment to the
contract with IIW Engineers and Surveyors, P.C. for additional work requested by the City to
complete the Dubuque Industrial Center West 3rd Addition project, upon motion received and filed
and approved recommendation.
US Highway 20 Improvements - University Avenue: City Manager recommending approval to
request funding from the Dubuque Metropolitan Area Transportation Study (DMATS) for
completion of Phase III - University Avenue Extension of the US Highway 20 Improvements
Project, upon motion received and filed. Michalski moved adoption of Resolution No. 155-05
Authorizing the City Manager to request additional funding through the Dubuque Metropolitan Area
Transportation Study (DMATS) and to request that the City of Dubuque participate in the local
match to fund the US Highway 20 Improvements Project, Phase III - University Avenue Extension.
Seconded by Nicholson. Motion carried 7-0.
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University Avenue - Howard R. Green Supplemental Contract: City Manager recommending
approval of Supplemental Contract No. 3 for Howard R. Green Company to perform additional
engineering construction inspection services for the first phase of the University Avenue Extension
Project, upon motion received and filed. Michalski moved adoption of Resolution No. 156-05
Approving the Supplemental Agreement No. Three between the City of Dubuque and the Howard
R. Green Company for the University Avenue Extension Project (STP-U-2100(623) - 70-31).
Seconded by Nicholson. Motion carried 7-0.
Mississippi Valley Promise: City Manager recommending approval of limited assistance from the
Leisure Services Department to Mississippi Valley Promise to help the volunteer organization get
off the ground, upon motion received and filed and approved recommendation.
Deer Management Plan: City Manager recommending approval of the 2005 - 2006 Deer
Management Plan with the same incentive plan as last year, upon motion received and filed and
approved recommendation.
Notice of Intent to Request Release of Funds - Fiscal Year 2006 CDBG Programs: City Manager
recommending approval of the publication of a Notice of Intent to Request Release of Funds for
Community Development Block Grant (CDBG) program activities, upon motion received and filed.
Michalski moved adoption of Resolution No. 157-05 Authorizing publication of a Notice of Intent to
request release of funds for certain Community Development Block Grant Projects for Fiscal Year
2006 (Program Year 2005). Seconded by Nicholson. Motion carried 7-0.
2005 Justice Assistance Grant (JAG) Application: City Manager recommending approval of the
2005 Edward Byrne Memorial Justice Assistance Grant (JAG) application in the amount of $40,704
for the period October 1, 2005 through September 30, 2009, upon motion received and filed and
approved recommendation.
Port of Dubuque - Courthouse Dome: City Manager recommending that the width of the visibility
corridor for the Grand River Center to the Dubuque County Courthouse gold dome be established
at 27 feet, or 13.5 feet on each side of the centerline of the Convention Center corridor, upon
motion received and filed and approved recommendation.
Environmental Stewardship Advisory Commission: Communication from the Environmental
Stewardship Advisory Commission regarding their potential role in Phase II of the NPDES Permit
process and City Manager advising that the Engineering Department and the Environmental
Stewardship Advisory Commission have agreed on a role for the Commission in Phase II of the
National Pollution Discharge Elimination System, upon motion received and filed.
Vision Iowa Update: City Manager providing an update to the Vision Iowa Board and requesting
an extension for completion of one component of the City's Vision Iowa Agreement, upon motion
received and filed and approved recommendation.
Business Licenses: Michalski moved adoption of Resolution No. 158-05 Granting the issuance of
a Class "B" Beer Permit (5-Day Special Event) to Music n More Promotions (Tents A, B and C);
and Class "C" Beer Permit to Lien Oriental American Food, Kwik Stop C-Store, Tobacco Outlet
#504, Oky Doky #1 and Oky Doky #2 and Resolution No. 159-05 Granting the issuance of a Class
"C" Beer/Liquor License to A & B Tap, Hudson's Classic Grill, West Dubuque Tap, Shot Tower Inn,
Knights of Columbus #510, Sublime, Dubuque Lodge #355, Lot One, LLC, Mississippi Mug, and
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Easy Street; and Class "B" Wine to Oky Doky #1 and Oky Doky #2. Seconded by Nicholson.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
MCC Iowa, LLC (Mediacom) - Cable Franchise Agreement: City Manager recommending that a
public hearing be set for May 2, 2005 to consider adoption of a Cable Franchise Agreement, upon
motion received and filed.
Communication from MCC Iowa, LLC submitting Franchise Agreement, advising of the creation of
the Cultural Affairs Charitable Foundation of Dubuque, Inc. and approval of Lease Agreement (with
Draft Form of Commitment Letter, Articles of Incorporation and Bylaws), upon motion received and
filed.
Communication from Charles F. King, Mediacom Communications Corporation, expressing
gratitude for the opportunity to continue to serve the community, upon motion received and filed.
Cline moved adoption of Resolution No. 160-05 Setting a public hearing on a proposed Cable
Television System Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC
granting a nonexclusive franchise of MCC Iowa, LLC to construct, operate, maintain, update and
reconstruct a cable television system in the City of Dubuque. Seconded by Markham. Motion
carried 7-0.
An Ordinance Approving a Cable Franchise Agreement between the City of Dubuque, Iowa and
MCC Iowa, LLC granting a nonexclusive franchise to MCC Iowa, LLC to construct, operate,
maintain, update and reconstruct a cable television system, presented and read.
Cline moved adoption of Resolution No. 161-05 Of intent to dispose of an interest in real property
owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and MCC Iowa, LLC,
and set this for public hearing on 5/2/05 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 Markham. Motion carried 7-0.
Fiscal Year 2005 Second Budget Amendment: City Manager recommending that a public hearing
be set for May 2, 2005 to consider approval of the Fiscal Year 2005 Second Budget Amendment,
upon motion received and filed. Cline moved adoption of Resolution No. 162-05 Directing the City
Clerk to publish proposed second amendment to the Fiscal Year 2005 budget and date of public
hearing and set this for public hearing for 5/2/05 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 Markham. Motion carried 7-0.
Pennsylvania Avenue/Radford Road Sidewalk Installation - Initiate: City Manager recommending
initiation of the bidding process for the Pennsylvania Avenue/Radford Road Sidewalk Installation
Project and that a public hearing be set for May 16, 2005, upon motion received and filed. Cline
moved adoption of Resolution No. 163-05 Preliminary approval of plans and specifications;
Resolution No. 164-05 Fixing date of hearing on plans and specifications; Resolution No. 165-05
Resolution of Necessity; Resolution No. 166-05 Setting date of hearing on Resolution of
Necessity for 5/16/05 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; Resolution No. 167-05
Approving preliminary schedule of assessments and Resolution No. 168-05 Ordering bids.
Seconded by Markham. Motion carried 7-0.
Stafford Street Sanitary Sewer Reconstruction from High Bluff to Lincoln Avenue Project _
Initiate: City Manager recommending initiation of the bidding process for the Stafford Street
Sanitary Sewer Reconstruction from High Bluff to Lincoln Avenue Project and that a public hearing
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be set for May 16, 2005, upon motion received and filed. Cline moved adoption of Resolution No.
169-05 Preliminary approval of plans and specifications; Resolution No. 170-05 Fixing date of
hearing on plans and specifications for 5/16/05 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. 171-05 Ordering bids. Seconded by Markham. Motion carried 7-0.
Mullen Road Sanitary Sewer Reconstruction from Asbury Road to Hillcrest Road Project -
Initiate: City Manager recommending initiation of the bidding process for the Mullen Road Sanitary
Sewer Reconstruction from Asbury Road to Hillcrest Road Project and that a public hearing be set
for May 16, 2005, upon motion received and filed. Cline moved adoption of Resolution No. 172-
05 Preliminary approval of plans and specifications; Resolution No. 173-05 Fixing date of hearing
on plans and specifications for 5/16/05 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. 174-05 Ordering bids. Seconded by Markham. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Tanzanite Drive - Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property from R-1 Single-Family Residential District to PUD Planned Unit Development
with a PR Planned Residential District designation for property located on T anzanite Drive as
requested by Rod Tschiggfrie/T-Corp and Zoning Advisory Commission recommending denial,
upon motion received and filed.
Communication from Rodney Tschiggfrie, Vice President of T-Corp, requesting that this rezoning
request be tabled to a future date, 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 on the south side of Tanzanite
Drive from R-1 Single-Family Residential District to PUD Planned Unit Development with a PR
Planned Residential District Designation and adopting a Conceptual Development Plan with
conditions, upon motion received and filed and tabled.
1087 Cedar Cross Road - PUD Amendment: Proof of publication on notice of hearing to
consider amending the PUD Planned Unit Development for property located at 1087 Cedar Cross
Road to allow used car sales as requested by Pat and Liz Tobin and Zoning Advisory Commission
recommending approval and an Ordinance Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances for the amendment of Ordinance 8-98 which adopted
regulations for property located south of 1095 Cedar Cross Road as a PUD Planned Unit
Development District with a PC Planned Commercial District Designation and adopting a revised
Conceptual Development Plan, with conditions, presented and read. Buol moved to receive and
file the proof of publication 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. Buol moved final
consideration and passage of the Ordinance. Seconded by Nicholson. Motion failed due to the
following vote: Yeas-Connors, Markham, Nicholson. Nays-Buol, Cline, Duggan, Michalski.
At 7:16 P.M. after the motion and vote for reconsideration, Mr. Tobin spoke apologizing for his
lateness and clarified his actions addressing runoff problems at this site, stating he has put in a
detention pond and done all he could to visually screen the property, creating a clean business
with ample parking.
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After Council discussion Buol moved that this be considered the first reading of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Fiber Optic Conduit Phase I Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications for the Fiber Optic Conduit Phase I Project and City
Manager recommending award of the contract to the only bidder, Volkens, Inc., in the amount of
$221,531, upon motion received and filed. Cline moved adoption of Resolution No. 175-05
Adopting plans and specifications and Resolution No. 176-05 Awarding contract. Seconded by
Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Convention and Visitors Bureau - Quarterly Report: Sue Czeshinski, Dubuque Area Chamber of
Commerce Convention and Visitors Bureau, to present quarterly report. Sue Czeshinski spoke and
gave a very positive comprehensive report about the many conventions scheduled and the ever-
increasing number of tourists coming to Dubuque. Upon motion her report was received and filed.
Dubuque Drug Task Force: Communication from David Patton requesting the City Council to
send a letter to the Dubuque Community School Board requesting that they reconsider their
decision to not allow the Dubuque Drug Task Force to inspect school premises, presented and
read. Cline moved to receive and file the communication and to send a letter to the School Board
requesting that the Dubuque Drug Task Force be allowed to inspect school premises. Seconded
by Connors. Motion failed due to the following vote: Yeas-Cline. Nays-Buol, Connors, Duggan,
Markham, Michalski, Nicholson.
Police Chief Wadding stressed that they have a good relationship with the schools and the
School Board does know of the resources available. He stated that the School Board is in charge
of the schools and the use of a canine unit to check for drugs could be disruptive.
Furuseth's Sixth Subdivision: Zoning Advisory Commission recommending approval of the
preliminary plat of Furuseth's Sixth Subdivision located in Dubuque County, Iowa as requested by
David Schneider/Les and Patricia Furuseth, upon motion received and filed and approved
recommendation.
Consolidated Plan for Housing and Community Development: City Manager recommending
approval of the Fiscal Year 2006 - 2010 Consolidated Plan for the Housing and Community
Development Department, upon motion received and filed. Buol moved adoption of Resolution No.
177 -05 Adopting the Consolidated Plan for Housing and Community Development for Fiscal Year
2006 - 2010; authorizing the Mayor to execute said Plan and all necessary certifications;
designating the City Manager as the authorized Chief Executive Officer for the Consolidated Plan;
and directing that said Plan be submitted to the U.S. Department of Housing and Urban
Development. Seconded by Michalski. Motion carried 7-0.
Geraldine Drive: City Manager recommending approval of the installation of a stop sign at
Valentine Drive for southbound vehicles on Geraldine Drive, upon motion received and filed.
Ordinance No. 27-05 Amending the Code of Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign on
Geraldine Drive at Valentine Drive, 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
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meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried
7 -0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski enthusiastically shared the news that Dubuque received three awards at the recent
Main Street Iowa Meeting.
Michalski stated that she was uncomfortable with the disposition of the second Public Hearing,
the request for rezoning of 1087 Cedar Cross Road, and that Mr. Tobin came in late and did not
get a chance to speak. Michalski moved to reconsider the motion given earlier on this matter.
Seconded by Buol. Motion carried 7-0.
PUBLIC INPUT
Attorney Art Gilloon, representing Bowling and Beyond, spoke of the impasse with the City
concerning the lease for City-owned property used for volleyball leagues and stressed many
athletic teams are signed up so timely action is requested.
Markham directed that this matter be put on the next Council Agenda.
Dave Patton spoke apologizing for his lateness and requested a letter of recommendation to the
School Board to allow the Drug Task Force to inspect the schools with the canine units. Mayor
Duggan clarified that this matter had been discussed and acted upon.
There being no further business, upon motion meeting adjourned at 7:30 P.M.
:r-~
Jeanne F. Schneider, CMC
City Clerk
1 t 4/27
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