9 19 05 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, September 19, 2005
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, City Manager Van Milligen, Corporation Counsel Lindahl
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 Council.
Invocation was given by Reverend Kristian Kincaid, Our Redeemer Lutheran Church.
Proclamations: Constitution Week (September 17 - 23, 2005) received by Eileen Coursey and
Claire Buchheit; and Crop Walk Day in Dubuque (October 2, 2005) received by Dorothy Krayer.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 9/6, 9/7 and 9/8; Library Board of 7/28; Zoning
Advisory Commission of 9/7; Zoning Board of Adjustment of 8/25, upon motion received and filed.
Library Board of Trustees Update from the meeting of August 31,2005, upon motion received and
filed.
Notice of Claims/Suits: John Honeycutt for property damage; Donnabelle Kramer 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: UFCW 431 for property
damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Roger Schadler for property
damage and directing the Finance Department to issue payment, upon motion received and filed
and concurred and Finance Department to issue payment.
Corporation Counsel recommending denial of the claim of Joan Higley for property damage,
upon motion received and filed and concurred.
Westbrook Subdivision Water Main Extension Project: City Manager recommending acceptance
of the Westbrook Subdivision Water Main Extension and Service Line Lateral Project as
completed by Callahan Construction, Inc. in the final contract amount of $74,000, upon motion
received and filed. Buol moved adoption of Resolution No. 428-05 Accepting improvement and
Resolution No. 429-05 Approving final estimate. Seconded by Markham. Motion carried 7-0.
Citizen Communication: Communication from Dave Meyers regarding a notice he received to
repair his sidewalk and objecting to the amount of time allowed to do the work and the amount of
the permit fees, upon motion received and filed and referred to the City Manager.
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Diversity Training - Request for Proposals: City Manager recommending approval of the
issuance of a Request for Proposals for diversity training for City employees, upon motion received
and filed and approved recommendation.
Letter of Appreciation: Communication from the Diversity Training and Welcoming Committee
expressing appreciation to the City Council for establishing a sister city relationship with
Greenwood, Mississippi, upon motion received and filed.
Employee Contribution to Health and Prescription Drug Plan Premiums: City Manager submitting
information regarding City employee contributions to health and prescription drug plan premiums,
upon motion received and filed.
Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending
approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period
of July 1, 2004 through June 30, 2005, which is required by the regulations governing the
Community Development Block Grant (CDBG) Program, upon motion received and filed. Buol
moved adoption of Resolution No. 430-05 Authorizing the submission of a Consolidated Annual
Performance and Evaluation Project (CAPER) for the period commencing July 1, 2004 and
concluding June 30, 2005. Seconded by Markham. Motion carried 7-0.
Jackson Street Signalization Removal: City Manager recommending approval for the removal of
the traffic signals at 15th and Jackson Streets and replacement with stop signs on 15th Street, upon
motion received and filed and approved recommendation.
Fiscal Year 2005 Street Finance Report: City Manager recommending approval of the City of
Dubuque's Fiscal Year 2005 Street Finance Report for submittal to the Iowa Department of
Transportation, upon motion received and filed. Buol moved adoption of Resolution No. 431-05
Approving the City of Dubuque Fiscal Year 2005 Street Finance Report. Seconded by Markham.
Motion carried 7-0.
Acceptance of Warranty Deeds: City Manager recommending approval of the acceptance of two
warranty deeds from QHQ Properties for parcels of land on Asbury Road, upon motion received
and filed. Buol moved adoption of Resolution No. 432-05 Accepting the deed to certain real
estate in Dubuque County, Iowa from QHQ Properties - Salas Place and Resolution No. 433-05
Accepting the deed to certain real estate in Dubuque County, Iowa from QHQ Properties _
Southwest Quarter. Seconded by Markham. Motion carried 7-0.
Eagle Valley Subdivision: City Manager recommending approval of a request from Fondell
Excavating for an extension through November 1, 2007 to complete the public improvements in
Eagle Valley Subdivision, upon motion received and filed. Buol moved adoption of Resolution No.
434-05 Amending Resolution No. 293-03 Approving the final plat of Lots 1-2, inclusive, of Block 1,
Lots 1-27, inclusive of Block 2, Lots 1-13, inclusive, of Block 3, Lots 1-13, inclusive, of Block 4, Lots
1-21, inclusive, of Block 6, Lots 1-10, inclusive, of Block 7, and Lots A-I, inclusive, all of Eagle
Valley Subdivision. Seconded by Markham. Motion carried 7-0.
Dubuque Star Brewery Building - Request for Proposals: City Manager recommending approval
of the issuance of a Request for Proposals for redevelopment of the former Dubuque Star Brewery
Building and site, upon motion received and filed and approved recommendation.
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United States Environmental Protection Agency: Letter to Stephanie Doolan, US Environmental
Protection Agency, regarding the final closeout documents for the Port of Dubuque Brownfields
Project, upon motion received and filed.
Dubuque Yacht Basin: City Manager recommending approval of the execution of a Waiver of
Landlord's Lien for Dubuque Yacht Basin, Inc. boat inventory sold on consignment, upon motion
received and filed and approved recommendation.
Great River Road Interpretive Signage Project: City Manager recommending award of the
contract for the Great River Road Interpretive Signage Project to Lange Sign Company in the
amount of $23,010, upon motion received and filed. Buol moved adoption of Resolution No. 435-
05 Awarding construction contract for the Great River Road Interpretive Signage Project and
Resolution No. 436-05 Approving construction contract with Lange Sign Group for the Great River
Road Interpretive Signage Project. Seconded by Markham. Motion carried 7-0.
Cable TV Teleprogramming Commission: City Manager recommending approval of the Cable TV
Teleprogramming Commission's recommendations for PEG Access Equipment Grants, upon
motion received and filed and approved recommendation.
Harvest View Subdivision: Petition from the residents of Harvest View Subdivision in appreciation
of the installation of sidewalks on the north side of Asbury Road from John F. Kennedy Road to the
Northwest Arterial, upon motion received and filed.
Legislative Communication: Communication to Senators Charles Grassley and Tom Harkin, and
Representative Jim Nussle regarding S1504 - the Broadband Investment and Consumer Choice
Act, upon motion received and filed.
Iowa Department of Natural Resources: Communication from the Iowa Department of Natural
Resources advising that the City's Water Recreation Access Cost-Share Grant Application for
Public Access in the amount of up to $50,000 has been approved, upon motion received and filed.
Worker's Compensation Settlement: City Solicitor William Blum recommending settlement of the
worker's compensation claim of Terry Dolan, upon motion received and filed and approved
recommendation.
University of Dubuque: Communication from Alan Burr, University of Dubuque, requesting
changes to the parking restrictions in the area surrounding the University, upon motion received
and filed and referred to the City Manager.
Business Licenses: Buol moved adoption of Resolution No. 437-05 Granting the issuance of one
new license to sell cigarettes and cigarette papers to Bulldog Billiards Sports Bar and Grill, Inc.;
Resolution No. 438-05 Granting the issuance of a Class "B" Beer (5-Day Special Event) permit to
Dubuque Jaycees; and a Class "C" Beer Permit to Phillips 66/Arby's, Ron's Discount Smokes,
Asbury Amoco Foodshop and Wal-Mart, and Resolution No. 439-05 Granting the issuance of a
Class "C" Beer/Liquor License to A&B Tap, Happy's Place, Grand Tap, Grand River Center,
Angie's Bar, Bulldog Billiards Sports Bar, Europa Haus, Red Robin Burgers/Spirits, and Fat
Tuesday's; and Class "B" Wine permit to Wal-Mart and River City Gift Shop. Seconded by
Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
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Vacating Petition - Stewart Street: City Manager recommending that a public hearing be set for
October 3, 2005 to consider a request from Richard Hartig, representing Grandview University
LLC, and John E. Knox, representing The Finley Hospital, to vacate and dispose of a portion of
Stewart Street, a portion of North Grandview Avenue, and portions of adjacent alleys between
Delhi Street and University Avenue, upon motion received and filed. Michalski moved adoption
of Resolution No. 440-05 Approving plat of proposed vacated portion of North Grandview Avenue
south of University Avenue; Resolution No. 441-05 Approving plat of proposed vacated portion of
North Grandview Avenue north of Delhi Street; Resolution No. 442-05 Approving plat of proposed
remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and
University Avenue; Resolution No. 443-05 Approving plat of proposed vacated portion of Stewart
Street and adjacent alleys south of University Avenue; Resolution No. 444-05 Of intent to vacate
and dispose of City interest in Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision
No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque
County, Iowa, and Resolution No. 445-05 Of intent to vacate and dispose of City interest in Lots C
and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa and set
this for public hearing on 10/3/05 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.
Fiscal Year 2006 Budget Amendment: City Manager recommending that a public hearing be set
for October 3,2005 to consider the first amendment to the Fiscal Year 2006 budget, upon motion
received and filed. Michalski moved adoption of Resolution No. 446-05 Setting a public hearing
on the Fiscal Year 2006 budget amendment for 10/3/05 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.
Miller Riverview Park Electric Outlet - Phase II Project: City Manager recommending initiation of
the bidding process for the Miller Riverview Park Electric Outlet - Phase II Project and that a public
hearing be set for October 17, 2005, upon motion received and filed. Michalski moved adoption of
Resolution No. 447-05 Preliminary approval of plans and specifications; Resolution No. 448-05
Fixing date of hearing on plans and specifications for 10/17/05 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. 449-05 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:
Environmental Stewardship Advisory Board (One 1-year youth term; two 3-year terms through
10/1/08 - terms of Klostermann and O'Toole)
Applicants: Youth - Kiersten Berg and Claire Miller; Wayne Klostermann and Mary Clare O'Toole
Kirsten Berg spoke requesting consideration for appointment.
Appointment to the following Commission: Zoning Advisory Commission (One unexpired 3-year
term through 7/1/06) Applicant: Matthew Lundh Upon vote, motion failed to appoint Mr. Lundh
to the Commission.
PUBLIC HEARINGS
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Upon motion the rules were suspended to allow anyone present to address the Council.
Tri-State Development - Request to Rezone: Proof of publication on notice of hearing to
consider amending the Zoning Ordinance of the City of Dubuque by rezoning property located
northeast of Seippel Road and Cottingham Road from R-1 Single-Family Residential District to CS
Commercial Service and Wholesale District as requested by Tri-State Development
Company/James and Doris Graf and Zoning Advisory Commission recommending denial;
Communication from Brian Lammers, Tri-State Development Company, requesting that this
rezoning request be tabled until he has had an opportunity to meet with neighboring property
owners; Communication from Margaret and Donald Delaney, et ai, in opposition to the proposed
rezoning, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located northeast of Seippel
Road and Cottingham Road from R-1 Single-Family Residential District to CS Commercial Service
and Wholesale District, presented and read. Michalski moved to receive and file the
communications and to recess the public hearing and to table the issue. Seconded by Nicholson.
Motion carried 6-1 with Cline voting Nay.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
2080 Elm Street / Michele Mihalakis Rezoning (Third Reading):
Council Member Markham left the Chambers due to possible conflict of interest.
Communication from Laurie Bartolotta in opposition to the proposed rezoning, upon motion
received and filed. Ordinance No. 55-05 Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at
2080 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential
District, said Ordinance having been presented and read at the Council Meetings of 8/15/05 and
9/6/05 and now presented for final action. Buol moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 5-1 with Duggan voting Nay.
Council Member Markham returned to the meeting.
Arbor Estates Subdivision - Phase III - Final Plat: City Manager recommending approval of the
final plat of Arbor Estates Subdivision - Phase III as requested by Kivlahan Farms, L.C., upon
motion received and filed. Buol moved adoption of Resolution No. 450-05 Approving final plat of
Lots 13 through 18, inclusive, in Block 6, Lots 6 through 20, inclusive, in Block 7, Lots 3 through
15, inclusive, in Block 8, Lots 2 through 12, inclusive, in Block 9, Lots 1 through 10, inclusive, in
Block 10, Lots P, Q, R, and S, all in Arbor Estates, in the City of Dubuque, Iowa. Seconded by
Nicholson. Motion carried 7-0.
Ehrlich Farms Subdivision - Preliminary Plat: Zoning Advisory Commission recommending
approval of the preliminary plat of the Ehrlich Farms Subdivision, upon motion received and filed.
Cline moved adoption of Resolution No. 451-05 Adopting the preliminary plat of Ehrlich Farms
Subdivision. Seconded by Connors. Motion carried 6-1 with Michalski voting Nay.
Nicholson stressed the intensity of the plans and questioned having only one access.
Four Mounds Foundation: Communication from Christine Happ Olson, Executive Director of the
Four Mounds Foundation, requesting City sponsorship of an application for transportation
enhancement funds from the Iowa Department of Transportation, upon motion received and filed
and approved letter of support.
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Highway 20 Bridge: City Manager recommending that a work session with the Iowa Department
of Transportation be held at 5:00 p.m. on November 7, 2005 to review aesthetic design issues
associated with the Highway 20 Bridge Project, upon motion received and filed and concurred.
Phoenix Award: Press release advising that the Port of Dubuque redevelopment project has
been recognized as one of the nation's outstanding Brownfield redevelopment projects and has
been awarded the 2005 Phoenix Award for EPA Region 7, upon motion received and filed.
COUNCIL MEMBER REPORTS
Michalski shared information from the recent Iowa League of Cities meeting attended by herself,
Mayor Duggan, Council Members Connors and Nicholson and City Manager Van Milligen and
complimented Dan Nicholson on his election as President Elect of the League.
At 7:01 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)G) 2005 Code of Iowa.
At 7:19 P.M. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:20 P.M.
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Jeanne F. Schneider, CMC
City Clerk
1t 9/28
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