Minutes Council 5 21 01CITY OF DUBUQUE, IOWA
CITY COUNCIL
OFFICIAL
City Council, Regular Session, May 21, 2001
Council Met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Cline, Markham, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Council Member Buol.
Mayor Duggan read the call and stated this is the regular session of the City Council called
for the purpose of acting upon such business which may properly come before the City
Council.
The invocation was given by Pastor Jamie Cutler, Rockdale and Center Grove United
Methodist Church.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 4/23; City Council Proceedings of 5/7; Civil
Service Commission of 4/24; Environmental Stewardship Advisory Commission of 5/1;
Historic Preservation Commission of 5/2; Housing Code Appeals Board of 5/15; Park and
Recreation Commission of 4/10; Zoning Advisory Commission of 5/2; Zoning Board of
Adjustment of 4/26, upon motion received and filed.
Proof of publication of List of Claims and Summary of Revenues for months ending February
28 and March 31, 2001; Proof of publication of Council Proceedings of April 16, 2001, upon
motion received and filed.
Finance Director submitting the financial reports for the month ending April 30, 2001, upon
motion received and filed.
Notice of Claims/Suits: Fieldon Atchison in undetermined amount for property damage;
Jonathan Denham in estimated amount of $79.50 for vehicle towing; Dale A. Hirsch in
estimated amount of $175.00 for vehicle damage; Kathy Kahle in undetermined amount for
property damage; Amber Kallenberger in undetermined amount for personal injury; Jerry
Maro in undetermined amount for personal injury; Donald or Linda Root in estimated amount
of $532 for property damage; Chris Saylor in estimated amount of $161.67 for personal
injury, 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: American
International Recovery, Inc. for personal injury; Jerry Maro for vehicle damage, upon motion
received and filed and concurred.
Corporation Counsel recommending that the claim of David R. Janzig, Sr. for vehicle damage
be denied, upon motion received and filed and concurred.
Citizen Communication: Communication from Judith C. Bakey-Rahe requesting permission
to build a retaining wall on her property at 2570 Green Street, upon motion received and filed
and referred to the City Manager. Judith Bakey-Rahe spoke concerning the requested wall.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Utillityworker, upon motion received and filed and made a matter of record.
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Collective Bargaining Agreement Between the City of Dubuque and the International Union of
Operating Engineers, Local #758: City Manager recommending approval of the Collective
Bargaining Agreement between the City of Dubuque and the International Union of Operating
Engineers, Local #758, upon motion received and filed. Michalski moved adoption of
Resolution No. 200-01 Approving the agreement between the City of Dubuque, Iowa, and
the International Union of Operating Engineers, Local #758, and authorizing the Mayor to
sign the agreement. Seconded by Nicholson. Motion carried 6-0.
Legislative Issues: Correspondence from the City Manager to area legislators in opposition
to proposed property tax limitation legislation (SF 514) and to Governor Tom Vilsack
regarding legislation that is very detrimental to cities that have used Tax Increment Financing
in Urban Renewal areas, upon motion received and filed.
Joint City/County Planning Committee: Communication from the City/County Planning
Committee to the County Board of Supervisors requesting that they name a representative to
the Committee, upon motion received and filed.
637 – 649 West Eighth Street – Replatting: Zoning Advisory Commission recommending
approval of the replatting of three existing lots located at 637 – 649 West Eighth Street into
Lots 1 and 2 of Kress Place at the request of Toby Kress, upon motion received and filed.
Michalski moved adoption of Resolution No. 201-01 Approving the plat of survey of Lot 1 and
Lot 2 of Kress Place. Seconded by Nicholson. Motion carried 6-0.
Asbury Plaza No. 3 – Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Asbury Plaza No. 3 as requested by Rubloff Development Group, Inc., upon
motion received and filed. Michalski moved adoption of Resolution No. 202-01 Approving
the final plat of Asbury Plaza No. 3. Seconded by Nicholson. Motion carried 6-0.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development advising that the City of Dubuque has funds
remaining in the Community Development Block Grant Program and communication of David
Harris, Housing and Community Development Director, in response to communication from
HUD, upon motion received and filed.
Community Economic Betterment Account – Cottingham & Butler Insurance:
Communication from the Iowa Department of Economic Development advising that they have
approved a CEBA Loan for an amount not to exceed $120,000 on behalf of Cottingham and
Butler Insurance Service, Inc., upon motion received and filed.
AdoreAble Promotions, Inc.: Communication from Wendy Dore, President of AdoreAble
Promotions, Inc., regarding Toughman Contests at Five Flags, upon motion received and
filed and referred to the City Manager.
Community Partnership (cp2) Program – Fiscal Year 2002 Recommendation: City Manager
recommending approval of the allocation of Fiscal Year 2002 Community Partnership
Program funds to the Boys and Girls Club ($21,890) and Central Alternative High School
($28,110), upon motion received and filed. Michalski moved adoption of Resolution No. 203-
01 Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year
2002. Seconded by Nicholson. Motion carried 6-0.
Community Outreach Partnership Centers Program: City Manager recommending
endorsement of an application, sponsored by Loras College, to the U.S. Department of
Housing and Urban Development for a community development project in Dubuque, upon
motion received and filed. Michalski moved adoption of Resolution No. 204-01 Endorsing
an application from Loras College to the U.S. Department of Housing and Urban
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Development to participate in the Community Outreach Partnership Centers (COPC)
Program. Seconded by Nicholson. Motion carried 6-0.
Upper Mississippi River National Wildlife and Fish Refuge Interpretive Center: City Manager
recommending approval of the close-out of an Economic Development Initiative (EDI) Special
Project grant, upon motion received and filed. Michalski moved adoption of Resolution No.
205-01 Providing for closeout of the Economic Development Initiative (EDI) Special Project
grant from the U.S. Department of Housing and Urban Development for the Upper Mississippi
River National Wildlife and Fish Refuge Interpretive Center on behalf of the Dubuque County
Historical Society. Seconded by Nicholson. Motion carried 6-0.
Third and Main Street Parking Lot – Acceptance : City Manager recommending acceptance
of the Third and Main Street Parking Lot Construction Project in the final contract amount of
$89,242.43, upon motion received and filed. Michalski moved adoption of Resolution No.
206-01 Accepting improvement and Resolution No. 207-01 Approving final contract amount
of $89,242.43. Seconded by Nicholson. Motion carried 6-0.
Fifth Street Ramp Expansion: City Manager recommending that Resolution #168-01 which
established the final contract amount ($2,051,600) for the Fifth Street Ramp Expansion be
rescinded and that the final contract amount be established at $2,002,960.28, upon motion
received and filed. Michalski moved adoption of Resolution No. 208-01 Rescinding
Resolution Number 169-01 and approving final contract amount of $2,002,960.28.
Seconded by Nicholson. Motion carried 6-0.
John F. Kennedy Road – Acceptance of Warranty Deeds: City Manager recommending
acceptance of warranty deeds for right-of-way purchases on John F. Kennedy Road for the
reconstruction project scheduled for 2001 – 2002, upon motion received and filed. Michalski
moved adoption of Resolution No. 209-01 Accepting a conveyance of property on John F.
Kennedy Road to the City of Dubuque (Lot 2-3-2 Helen E. and Mary H. Stewart Subdivision);
Resolution No. 210-01 Accepting a conveyance of property on John F. Kennedy Road to the
City of Dubuque (Virginia E. Jahnke); Resolution No. 211-01 Accepting a Conveyance of
property on John F. Kennedy Road to the City of Dubuque (Janann L. Riley, Elaine Mozena,
and Lorraine Bonz); Resolution No. 212-01 Accepting a conveyance of property on John F.
Kennedy Road to the City of Dubuque (Charles J. and Sharon L. Schemmel); Resolution No.
213-01 Accepting a conveyance of property on John F. Kennedy Road to the City of
Dubuque (Carl W. and Debra L. Thumser); Resolution No. 214-01 Accepting a conveyance
of property on John F. Kennedy Road to the City of Dubuque (David M. and Beverly A.
Unsen); Resolution No. 215-01 Accepting a conveyance of property on John F. Kennedy
Road to the City of Dubuque (Dennis M. and Susan G. Williams). Seconded by Nicholson.
Motion carried 6-0.
Catfish Creek Lift Station Pump Replacement Project: City Manager recommending
acceptance of the Catfish Creek Lift Station Pump Replacement Project in the final contract
amount of $344,445.96, upon motion received and filed. Michalski moved adoption of
Resolution No. 216-01 Accepting improvement and Resolution No. 217-01 Approving final
contract amount of $344,445.96. Seconded by Nicholson. Motion carried 6-0.
Riprow Valley Restoration Project – LWCF Grant Agreement: City Manager recommending
approval of a Land and Water Conservation Fund (LWCF) grant agreement with the Iowa
Department of Natural Resources for the Riprow Valley Restoration Project, upon motion
received and filed and approved recommendation.
West End Commercial Subdivision – Final Plat: City Manager recommending approval of a
final plat for the West End Commercial Subdivision, upon motion received and filed.
Michalski moved adoption of Resolution No. 218-01 Approving the final plat of West End
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Commercial Subdivision in the City of Dubuque, Iowa. Seconded by Nicholson. Motion
carried 6-0.
Adams Company Structural Repairs: City Manager recommending approval of a building
permit application for repairs to the roof system of the Adams Company, which is located in
the Fourth Street Peninsula Redevelopment Overlay District, upon motion received and filed
and approved recommendation.
Authorized Depository Institutions: City Manager recommending an increase in the
maximum balances invested with a financial institution from $10,000,000 to $15,000,000 for
Firstar Bank, Dupaco Community Credit Union, Premier Bank, East Dubuque Savings Bank,
and Liberty Bank, upon motion received and filed. Michalski moved adoption of Resolution
No. 219-01 Naming Depositories. Seconded by Nicholson. Motion carried 6-0.
Business Licenses: Michalski moved adoption of Resolution No. 220-01 Granting issuance
of 39 renewals to sell Cigarettes and Cigarette Papers in the City of Dubuque and Resolution
No. 221-01 Granting issuance of Class “C” Beer/Liquor License to Duke’s Place, B’z Dart
Inn, and Silver Dollar Cantina. Seconded by Nicholson. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Residential Parking Permit District – Amy Circle: Proof of publication on notice of hearing on
establishment of Residential Parking Permit District on Amy Court from Marjorie Circle to the
northerly end and City Manager recommending approval, upon motion received and filed.
Marilyn Mulligan of Amy Court spoke approvingly of the Parking Permit District but voiced
some concerns of the neighbors as to enforcement during specific time frames. Ordinance
No. 26-01 Amendingthe Code of Ordinances of the City of Dubuque, Iowa by modifying
Subsection (a) of Section 32-397 thereof providing for the designation of Amy Court from
Marjorie Circle to the northerly end as a Residential Parking Permit District, presented and
read. Markham 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 6-0.
1145 Locust Street - Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 1145 Locust Street from OR Office Residential District
to OC Office Commercial District, upon motion received and filed. Greg Stover of the former
Eglehof Casper Funeral Home spoke of the requested rezoning, stating that at most they
would serve food to 50 people and that they have their own parking lot. Ordinance No. 27-
01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 1145 Locust Street
from OR Office High Density Multi-Family Residential to OC Office Commercial District,
presented and read. Robbins 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 Nicholson. Motion carried 6-0.
4100 Asbury Road – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 4100 Asbury Road from AG Agricultural District, R-3
Multi-Family Residential District and C-2 Neighborhood Commercial District to R-2 Two-
Family Residential District, R-3 Multi-Family Residential District and C-2 Neighborhood
Commercial District, upon motion received and filed. Marty McNamer, 1199 Hunters Ridge,
spoke of the specifics of the proposed rezoning. Ordinance No. 28-01 Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
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hereinafter described property located at 4100 Asbury Road from C-2 Neighborhood
Shopping Center District to R-2 Two-Family Residential District, from R-3 Moderate Density
Multi-Family Residential District to C-2 Neighborhood Shopping Center District and from AG
Agricultural District to R-3 Moderate Density Multi-Family Residential District, presented and
read. Robbins 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 Nicholson. Motion carried 6-0.
Dubuque Girls’ Independent Softball League: Proof of publication on notice of hearing to
consider entering into a Lease Agreement with the Dubuque Girls’ Independent Softball
League for 11.6 acres of the Rip Row Valley Property and City Manager recommending
approval, upon motion received and filed. Markham moved adoption of Resolution No. 222-
01 Approving lease of Rip Row Valley to the Dubuque Girls’ Independent Softball League.
Seconded by Michalski. Motion carried 6-0.
Canfield Hotel – Temporary Easement and Intent to Dispose: Proof of publication on notice
of hearing to consider disposing of real property to Robert D. Klauer and City Manager
recommending approval, upon motion received and filed. Robbins moved adoption of
Resolution No. 223-01 Disposing of interest in real property to Robert D. Klauer. Seconded
by Nicholson. Motion carried 6-0.
Fiscal Year 2001 Second Budget Amendment: Proof of publication on notice of hearing to
consider the Fiscal Year 2001 Second Budget Amendment and City Manager recommending
approval, upon motion received and filed. Cline moved adoption of Resolution No. 224-01
Amending the current budget for the fiscal year ending June 30, 2001 (as amended last on
October 16, 2000). Seconded by Nicholson. Motion carried 6-0.
2001 Curb Ramp Installation – CDBG Project: Proofs of publication on notice of hearing on
plans and specifications, and notice to bidders on the receipt of bids, and City Manager
recommending award of the contract for the 2001 Curb Ramp Installation Project to Perry
Construction in the amount of $31,026, upon motion received and filed. Robbins moved
adoption of Resolution No. 225-01 Adopting plans and specifications for the project and
Resolution No. 226-01 Awarding contract to Perry Construction in the amount of $31,026.
Seconded by Nicholson. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Affordable Housing Tax Credit Program Applications from Star Development and Community
Housing Initiative: City Manager requesting policy direction on providing financial assistance
to new construction affordable housing projects, Star Development, LLC requesting that the
City support their Affordable Housing Tax Credit Program Application to the Iowa Finance
Authority with a local contributing effort of approximately $42,000, and Community Housing
Initiative requesting that the City support their Affordable Housing Tax Credit Program
Application to the Iowa Finance Authority with a local contributing effort of $26,000, presented
and read. Resolutions were provided if City Council wished to consider them:
RESOLUTION of Support for Council considerationfor the development of an affordable
housing project to be known as Raven Oaks Senior Apartments (Star Development);
RESOLUTION of Local contributing effort for the development of an affordable housing
project to be known as Raven Oaks Senior Apartments (Star Development); RESOLUTION
of Support for Council considerationfor the development of an affordable housing project to
be known as River Oaks Apartments (Community Housing Initiatives); RESOLUTION of
Local contributing effort for the development of an affordable housing project to be known as
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River Oaks Senior Apartments (Community Housing Initiatives), presented and read. Perry
Heranda of Star Development, 6735 Vista Green Way, Rockford IL spoke of their proposed
housing development. Sam Erickson of Community Housing of Spencer, IA spoke of their
proposed housing development near the west Medical Associates. Discussion ensued as to
the specifics of the necessary local contributions. Upon final motion it was resolved to table
this matter.
Starlight Drive and Lake Ridge Drive – Site Plan: Zoning Advisory Commission advising of
their approval of the site plan for a new medical office building on the southeast corner of
Starlight Drive and Lake Ridge Drive in Hansel’s Planned Commercial District, upon motion
received and filed.
Correction to Ordinance Rescinding Off-Premise Sign Moratorium: City Manager
recommending adoption of a revised ordinance rescinding the permit moratorium. This is
due to a typographical error in the ordinance adopted by Council on May 7, 2001, upon
motion received and filed. Ordinance No. 29-01 Amending Chapter 3 (Advertising) of the
City of Dubuque Code of Ordinances by amending Section 3-43(f), to rescind the existing
moratorium on the issuance of permits for off-premise signs, presented and read. Robbins
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 Nicholson. Motion carried 6-0.
Senior High School Residential Parking Permit District – Repeal Two-Hour Parking Zone:
City Manager recommending that the two-hour parking zone within the Senior High School
Residential Parking Permit District be repealed, upon motion received and filed. Ordinance
No. 30-01 Amending Section 32-362(c) of the Code of Ordinances of the City of Dubuque,
Iowa, providing for two-hour parking by deleting certain portions of Grandview Avenue and
Rosedale Street, presented and read. Markham 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 Cline. Motion carried 6-0.
Construction Ordinance – Bluff Street Benches: City Manager recommending approval of the
placement of benches in the public right-of-way at the request of the Bluff Street
Neighborhood Association, upon motion received and filed. Ordinance No. 31-01
Authorizing the Bluff Street Neighborhood Association to place benches in the public right-of-
way along Bluff Street and Fourth Street, presented and read. Robbins 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 Michalski.
Motion carried 6-0.
Municipal Parking Lot #1: City Manager recommending that Municipal Parking Lot #1,
located at Ninth and Iowa, be converted from an all-metered lot to a metered and reserved
parking lot, upon motion received and filed. Ordinance No. 32-01 Amending the City of
Dubuque Code of Ordinances Section 32-314 Establishing Meters – Time and Fee Schedule
for Municipal Lots by adding a new Paragraph 7 Establishing the Meter Time and Fee
Schedule for Municipal Lot #1, presented and read. Markham 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 6-0.
COUNCIL MEMBER REPORTS
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Mayor Duggan, Council Members Markham and Michalski all spoke of the frustrations with
the erroneous public report that Dubuque has not prioritized a new bridge and the SW
Arterial.
ITEMS TO BE SET FOR PUBLIC HEARING
Traffic Signal Efficiency Program: City Manager recommending initiation of the bidding
process for the Traffic Signal Efficiency Program and that a public hearing be set for June 18,
,
2001upon motion received and filed. Michalski moved adoption of Resolution No. 227-01
Preliminary approval of plans and specifications; Resolution No. 228-01 Fixing date of
hearing on plans and specifications for June 18, 2001 at 6:30 p.m. in the Public Library
Auditorium and that the City Clerk publish notice in the manner prescribed by law;
Resolution No. 229-01 Ordering bids. Seconded by Nicholson. Motion carried 6-0.
At 7:59 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition
and Pending Litigation (Iowa Code Chapter 21-.5(1)(j)(c).
At 8::45 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:46 P.M.
/s/ Karen M. Chesterman
Deputy City Clerk
1t 6/1
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