Minutes, Council, this 4-16-01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Meeting, Monday, April 16, 2001
Council Met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl
Invocation was given by Loren Hirschy, Pastor of Word of Life
PROCLAMATIONS: Sexual Assault Awareness Month (Achpril, 2001) received by Jennifer
Haggas; Days of Remembrance of the Victims of the Holocaust (April 15 - 22, 2001);
Community Development Week (April 16 -22, 2001); Crime Victims' Rights Week (April 22 -
28, 2001) received by Laura Scheffert James; Arbor Day (April 28, 2001) received by City
Forester Steve Pregler; Day of Prayer (May 3, 2001) received by Rev. Loren Hirschy; and
Sertoma Candy Days (May 11 and 12, 2001) received by Nancy Adams.
CONSENTITEMS
Minutes Submitted: Building Code Board of Appeals of 2/22; Cable Regulatory Commission of
3/14; Civil Service Commission of 2/28; City Council Proceedings of 4/2; Historic Preservation
Commission of 3/15 and 4/9; Housing Commission of 3/27; Park and Recreation Commission
of 3/13; Zoning Advisory Commission of 4/4; Zoning Board of Adjustment of 3/22, upon motion
received and filed. Proof of publication of Council Proceedings for 3/19, and Finance Director
submitting the Financial Reports for the month ending March 31, 2001, upon motion received
and filed.
Notice of Claims/Suits: Pam and Andy Daack in estimated a~hount of $4,655 for vehicle
damage; Joseph E. Dolan in estimated amount of $250 for property damage; Dorothy T. Finzel
in estimated amount of $4,063.68 for property damage; Robert L. Harbin in undetermined
amount for personal injury; David R. Janzig, Sr. in estimated amount of $1,550 for vehicle
damage; Gene A. Kramer in estimated amount of $2,222.96 for vehicle damage; Bill Miller in
estimated amount of $167 for property damage, upon motion referred to the Legal Staff for
investigation and report.
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: Steven Althof for
property damage/loss of profits; Cottingham and Butler/SISCO for personal injury; Pam and
Andy Daack for vehicle damage; Dorothy T. Finzel for property damage; Guy A. Gard for
property damage/loss of profits; Robert L. Harbin for personal injury; Allan Sauser for vehicle
damage; State Farm Insurance for vehicle damage; David and Ellen Willis for property
damage/loss of profits; Clarke Wolff for property damage/loss of profits, upon motion received
and filed and concurred with the referrals.
Corporation Counsel recommending settlement of the claim of Steve Vinson in the amount of
$250:00 for vehicle damage and that the Finance Director be directed to issue the appropriate
check, upon motion received and filed and concurred with the recommendation and Finance
Director to issue check.
'Citizen Communication: Communication from David Cox, 1401 Henien Street, regarding'
actions of the Historic Preservation Commission, and Communication from the Histodc
Preservation Commission to David Cox, upon motion received and filed and referred to the
Legal Dept. for response.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Medical Officer. upon motion received and filed and resolved to make a matter of
record.
Request for Fireworks Display: Communication from William Foss, Diamond Jo Casino,
requesting permission to discharge fireworks on Monday, May 28, 2001, with a rain date of
Tuesday, May 29, 2001. upon motion received and filed and approved request subject to staff
coordination.
Flora Pool and Sutton Pool Water Playgrounds: City Manager recommending that the three
resolutions adopted on April 2. 2001 initiating the bidding process for the Flora and Sutton Pool
Water Playgrounds be rescinded, upon motion received and filed. Buol moved adoption of
Resolution No. 136-01 Rescinding Resolution Numbers 126-01, 127-01, and 128-01, gw~ng
preliminary approval of plans anti specifications, fixing date of public hearing on plans and
specifications, and ordering bids for the Sutton Pool and Flora Pool Water Playgrounds
Construction Project. Seconded by Robbins. Motion carried 7-0.
2000 PC Concrete Paving Project- No. 2 (Burden/North Burden) - Acceptance: City Manager
recommending acceptance of the 2000 PC Concrete Paving Project - No. 2 (Burden/North
Burden) and approval of the preliminary final schedule of assessments, upon motion received
and filed. Buol moved adoption of Resolution No. 137-01 Accepting ~mprovement for the 2000
PC Concrete Paving Project #2 (Burden/North Burden); Resolution No. 138-01 Approving
final estimate; and Resolutio~ No. 139-01 Approving preliminary final schedule of
assessments. Seconded by Robbins. Motion carried 7-0.
Carroll Subdivision - Final Plat: Zoning Advisory Commission advising of their approval of the
final plat of Carroll Subdivision in Dubuque County, upon motion received and filed. Buoi
moved adoption of Resolution No. 140-00 Approving the final plat of Carroll Subdivision ~n
Dubuque County, Iowa. Seconded by Robbins. Motion carried 7-0.
Patricia Ann Acres Subdivision - Plat of Survey: Zoning Advisory Commission advising of
their approval of the Plat of Survey of Lot 1 of 5 and Lot 2 of 5 of Patricia Ann Acres
Subdivision No. 2, upon motion received and filed. Buol moved adoption of Resolution No.
141-00 Approwng the Plat of Survey of Lots 1 of 5 and 2 of 5 of Patricia Ann Acres
Subdivision No. 2. Seconded by Robbins. Motion carried 7-0.
Historic District Design Guidelines: City Manager recommending concurrence with the
Historic Preservation Commission's suggestions regarding the creation of a ~,rocess for a
Historic District Public Improvement Program, upon motion received aha filed and concurred
with the recommendation.
Urban Revitalization Program: City Manager recommending that expansion of the Urban
Revitalization Program be referred to the Historic Preservation Commission for review and
recommendation, upon motion received and filed and concurred with the recommendation.
-Koch Court Exhibit: City Manager recommending approval of a request from Koch Materials for
a new address for their property off of Kerper Boulevard and to approve establishment of
Koch Court, upon motion received and filed. Buol moved adoption of ResolutiOn No. 142-01
Approving an exhibit of Koch Court. Seconded by Robbins. MOtion carried 7!0;
River's Edge Plaza - Construction Change Order: City Manager recommending approval of a
change order to the existing construction contract for the River's Edge Plaza to proceed with
construction of the alternate components of the project, upon motion received and filed. Buol
moved adoption of Resolution No. 143-01 Approving a change order to the River's. Edge Plaza
project. Seconded by Robbins. Motion carried 7-0. :_.~ ~:
Downtown Rehabilitation Loans: City Manager recommending approval of operating loans
from the Downtown Rehabilitation Loan Program to four Old Main businesses and property
owners affected by the order to vacate the rear thirty feet of their buildings, upon motion
received and filed. Buol moved adoption of Resolution No. 144-01 Approving Downtown
Rehabilitation Loan requests for Steve Althoff (243 Main Street); Guy Gard (356 Main Street);
Ellen Willis (372 Main Street); and Larry Gee (378 Main Street). Seconded by Robbins.
Motion carried 7-0.
Business Licenses: Buol moved adOption of Resolutidn No. 145-01 Granting issuance of a
Class "B" Beer License to Dubuquefest; and Class "C" Beer License to Lien Oriental American
Food and Resolution No. 146-01 Granting issuance of a Class "C' Beer/Liquor License to
Noonan's Tap; Idle Hour; Loras College; Olive Garden; Corner Tap; Central Tap; and Bunker
Hill Golf Course. Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions: Community Development Advisory
Commission (Two Vacancies): Paula Maloy (Census Tract 10) and Zoning Board of
Adjustment (One Vacancy): Randall J. Klauer. Mr. Klauer of 980 Valentine spoke requesting
consideration for appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council if they
so desire.
Mt. Carmel Sanitary Sewer Extension Project - Award Contract: Proofs of publication on
notice of headng on plans and specifications, and notice to bidders on the receipt of bids, and
City Manager recommending award of the contract for the Mt. Carmel Sanitary Sewer
Extension Project to Connolly Construction of Peosta, Iowa, in the amount of $272,288;50,
upon motion received and filed. Buol moved adoption of Resolution NO. 147-01 Adopting
plans and specifications for the project; Resolution No. 148-01 Awarding contract to Connolly
Construction in the amount of $272,288.50; and ReSolution No, 149-0I With respect to the
adoption of the Resolution of Necessity proposed for the Mt. Carmel Sanitary SeWer Extension
Project. Seconded by Markham. Motion carried 7-0.
Text Amendment to Zoning Ordinance - Off-Premise Signs ('Fabled and Referred Back to
Zoning AdvisOry Commission at Meeting of February 19, 2001): Buol moved that the
following item be removed from the table. Seconded by Nicholson. Motion carried 7-0.
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Proof of publication on notice of hearing to consider an amendment to Section 4-3.11 of the
Zoning Ordinance to establish minimum spacing requirements for off-premise signage, upon
motion received and filed. Ordinance No. 21-01 Amending Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign
Regulations for Off-Premise Signs and adopting a new Section 4-3.11 Schedule of Sign
Regulations for Off-Premise Signs in lieu thereof, pertaining to increasing the spacing between
off-premise signs along a Federal and Primary Highway(s) from 100 feet to 750 feet and along
all other City streets from 100 feet to 500 feet, presented and read, Buol moved that the
requirement that a proposed Ordinance be considered and voted on for passage at two
Council Meetings pnor 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 Robbins.
Motion carried 7-0.
Alley Between Rhomberg and Garfield from Dock to Fengler - Sanitary Sewer Extension
Project - Award Contract: Proofs of publication on notice of headng on plans and
specifications, and notice to bidders on the receipt of bids, and City Manager recommending
award of the contract for the Sanitary Sewer Extension Project in the alley between Rhomberg
and Garfield from Dock to Fengler to Tschiggfrie Excavating in the amount of $117,238.89,
upon motion received and filed. Robbins moved adoption of Resolution No. 150-01 Adopting
plans and specifications for the project and Resolution No. 151-01 Awarding contract to
Tschiggfrie Excavating in the amount of $117,238.89. Seconded by Markham. Motion
carried 7-0.
Kerper Court - Vacating Petition: City Manager recommending to approve a request from
John P. and Letha A Mihalakis and Richard L. and Cindy Billmeyer, to vacate various
easements at Kerper Boulevard and Kerper Court, upon motion received and filed. Markham
moved adoption of Resolution No. 152-01 Disposing of interest and vacating utility and other
various easements over Lot 5 of Kerper Industrial Park and Lot 2 of FDL Second Addition in
the City of Dubuque. Iowa. Dubuque County, Iowa. Seconded by Nicholson. Motion carried
7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Town Clock Plaza: City Manager submitting conceptual designs and approximate cost for (1)
· th th
opening of Main Street from 5 Street to 9 Street and (2) redevelopment of the area as a
pedestrian mall, presented and read. The Council Members reiterated their viewpoints as to
their positions for continuation of the closed Town Clock Plaza or the reopening of Main Street.
Nicholson moved that the communication be received and filed and that Main Street from 5th to
9th Street, the Town Clock Plaza. be reopened. Seconded by Michalski. Carried by the
following vote: Yeas--Buol, Cline, Michalski. Nicholson. Nays--Duggan. Markham, Robbins.
Hearing' on Penalties for Tobacco Permit Holders: City Manager recommending approval of
the assessment of appropriate civil penalties against Casey's General Store, 2699 Rockdale
Road; IOCO Speede Shoppe, 2150 Twin Valley Road; Oky Doky Foods, 1256 Iowa Street;
Kwik Stop, 280 Locust Street; Kwik Stop, 2320 Highway 61; Wareco, 700 Rhomberg for the
sale of tobacco to rr~nors, upen motion received and filed and approved assessments.
Attorney Bill Maiers representing Casey's on Rockdale spoke objecting to the assessment.
Tom Thompson of TFM spoke of the special circumstance 'n this instance and requested
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consideration.
approached.
Hal Higgs of Caseys spoke stating that laws can be changed if legislators are
Storm Water Detention Policy - Amendment: City Manager recommending an amendment to
the City's Storm Water Detention Policy to include non-residential subdivisions and planned
unit developments, upon motion received and filed. Nicholson moved adoption of Resolution
No. 153-01 Providing for an amendment of the City of Dubuque Storm Water Detention Policy.
Seconded by Michalski. Motion carried 7-0.
Demolition Districts: Communication from the Historic Preservation Commission
recommending amendments to Demolition Districts in the City, upon motion received and filed.
Ordinance No. 22-01 Amending Section 11-4 of the City of Dubuque Code of Ordinances,
pertaining to Demolition Districts, 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 Markham. Motion carried 7-0.
Grand Opera House - Construction Ordinance: City Manager recommending approval of a
request from the Grand Opera House for a construction ordinance to construct two new ~ron
and concrete fire escapes that will serve as required exits from the balcony and main theater
floor, upon motion received and filed. Ordinance No. 23-01 Authorizing the Grand Opera
House to construct iron and concrete exit stairs in the public alley between 8~n and 9t~ 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 Robbins. Motion carried 7-0,
Mayor Duggan left the Chambers due to potential conflict of interest and turned control of the
meeting over to Mayor Pro-Tern Markham.
Brewery Property - Eminent Domain Proceedings: City Manager recommending that the City
proceed with condemnation and acquire the Brewery property, upon motion received and filed.
Douglas Meyer of the Crompton Corp., 4056 Glass RD NE, Cedar Rapids, IA spoke stating
they would like to work with the City. Cline moved adoption of Resolution No. 154-01
Authorizing the acquisition of certain real property owned by the Aspermont Company by
eminent domain proceedings. Seconded by Nicholson. Motion carded 6-0
Mayor Duggan then returned to the Chambers and took control of the meeting.
Residential Parking Permit Distdct - Senior High School Area: City Manager submitting
additional information regarding the May 7, 2001 public hearing on the proposed amendment
to Residential Parking Permit District "C" in the Senior High School area, upon motion received
and filed.
Housing Commission: Communication from James Holz, Chairperso~ of the Housing
Commission, regarding the status of one of their members, upon motion referred back to the
Housing Department with the recommendation that they try to resolve the situation with a letter
to the individual.
Cedar Ridge Farm Place No. 4 - Final Plat: City Manager recommending approval of the final '
plat of Cedar Ridge Farm Place No. 4, a commercial subdivision, upon motion received and
filed. Buol moved adoption of Resolution No. 155-01 Approving the final plat of Cedar Ridge
Farm Place No. 4 in the C!.ty of Dubuque~ Iowa. Seconded by Michalski. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Nicholson reported on the IDOT meeting and the finalization of the SW Arterial route. Aisc
there were positive comments about the great joint presentation of various groups lobbying for
the Vision Iowa funds and the latest increase in Vision Iowa monies for the America's River
Discovery Center which will allow the project to start quickly.
ITEMS TO BE SET FOR PUBLIC HEARING
Flat Iron Park Renovation - Initiate: City Manager recommending initiation of the bidding
process for the renovation of Flat Iron Park and that a public hearing be set for May 7, 2001,
upon motion received and filed. Markham moved adoption of Resolution No. 156-01
Preliminary approval of plans and specifications; Resolution No. 157-01 Fixing date of
hearing on plans and specifications for 5/7/01 at 6:30 p.m. and direct the City Clerk to publish
notice in the manner prescribed by law; and Resolution No. 158-01 Ordering bids. Seconded
by Nicholson. Motion carded 7-0.
Community Development Block Grant Curb Ramp Project - Initiate: City Manager
recommending initiation of the bidding process for the Community Development Block Grant
(CDBG) curb ramp project and that a public hearing be set for May 21, 2001, upon motion
received and filed. Markham moved adoption of Resolution No. 159-01 Preliminary approval
of plans and specifications: Resolution No. 160-01 Fixing date of hearing on plans and
specifications for 5/21/01 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. 161-01 Ordering bids.
Seconded by Nicholson. Motion carried 7-0.
Residential Parking Permit District - Amy Court: City Manager recommending that a public
hearing be set for May 21, 2001 to consider a request for a Residential Parking Permit District
on Amy Court, upon motion received and filed. Markham moved adoption of Resolution No.
162-01 Setting a public hearing on establishing a Residential Parking Permit District on Amy
Court from Marjorie Circle to the northerly end, with the Public Hearing set for 5/21/01 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.
Bond Sale to Support America's River Project Components: City Manager recommending that
a public hearing be set for May 7, 2001 on the proposition of selling not to exceed $12,500,000
~n General Obligation Bonds to support components of the America's River Project, upon
motion received and filed. Markham moved adoption of Resolution No. 163-01 Fixing date for
a meeting on the proposition of the issuance of not to exceed $12,500,000 General Obligation
Bonds (for Essential Corporate Purposes) of Dubuque, Iowa, and providing for publication of
notice thereof with public hearing set for 5/7/01 at 6:30 p.m. in the Public Library Auditorium
ano direct the City Clerk to publish notice in the manner prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
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At 8:38 P.M. upon motion it was resolved to go into Closed Session re:
(Iowa Code Chapter 21-.5(1)(j).
At 8:57 P.M., Council reconvened Regular Session.
There being no further business, upon motion meeting adjourned at 8:58 P.M.
It 4/25
Property Acquisition
~.//'Jeanne F. Schneider City Clerk
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