Agenda 7 02 01 -Minutes (short)CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, July 2, 2001
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
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 Council.
Invocation was given by Father Robert Vogl, Professor-Emeritus of Religious Studies, Loras
College
Proclamation: Apples for Students (July 2 – 29, 2001) received by Sr. Inez Turnmeyer.
CONSENT ITEMS
Minutes Submitted: Electrical Code Board of May 21; Council Proceedings for 5/21, 6/4 and
6/18; Human Rights Commission of 5/14; Park and Recreation Commission of 5/8, upon motion
received and filed.
Proof of publication for Council Proceedings of 6/4/01, upon motion received and filed.
Printed Council Proceedings for January and February, 2001, upon motion approved as
printed.
Notice of Claims/Suits: Midwest Cable Inc. in estimated amount of $2,304.85 for repair
expense; Steve Althoff, et al., Plaintiffs, v the City of Dubuque, et al., Defendants, upon motion
referred to the Legal Staff for investigation and report.
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: Midwest Cable, Inc. for
repair expense, upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Sheila Wolbers for tire damage,
upon motion received and filed and concurred.
Diamond Jo Parking Lot Lighting: City Manager recommending approval of the issuance of a
building permit within the Fourth Street Peninsula ROD Redevelopment Overlay District for the
installation of three light poles in the Diamond Jo parking lot, upon motion received and filed
and approved recommendation.
Dubuque County Historical Society Light Poles and Pedestals: City Manager recommending
approval of the issuance of a building permit within the Fourth Street Peninsula ROD
Redevelopment Overlay District for the installation of light poles and power sources in and
around the parking lot of the Dubuque County Historical Society, upon motion received and
filed and approved recommendation.
1
Right-of-Way Acquisition: City Manager recommending establishing the fair market value for
the acquisition of property necessary for the Manson Road Bridge Reconstruction project, upon
motion received and filed. Nicholson moved adoption of Resolution No. 284-01 Establishing
the fair market value for the acquisition of certain real property owned by John M. and Viola K.
Sutton in the City of Dubuque, Iowa. Seconded by Buol. Motion carried 7-0.
strd
Plats of Survey for Riverwalk 1 and 3 Addition: City Manager recommending approval of
strd
the plats of survey for Riverwalk 1 and 3 Addition, upon motion received and filed. Buol
moved adoption of Resolution No. 285-01 Approving plat of survey of Lot 1 of 1 and Lot 2 of 1
st
of Riverwalk 1 Addition and Resolution No. 286-01 Approving plat of survey of Lot 1 and Lot 2
rd
of Riverwalk 3 Addition. Seconded by Markham. Motion carried 7-0.
Cedar Lake Plaza – Final Plat: City Manager recommending approval of the final plat of
Cedar Lake Plaza in the City of Dubuque, Iowa., upon motion received and filed. Buol moved
adoption of Resolution No. 287-01 Approving the final plat of Cedar Lake Plaza in the City of
Dubuque, Iowa. Seconded by Markham. Motion carried 7-0.
Emerald Acres No. 2 – Reaffirming Final Plat: City Manager recommending reaffirming the
final plat of Emerald Acres No. 2 in the City of Dubuque, upon motion received and filed. Buol
moved adoption of Resolution No. 288-01 Rescinding Resolution 425-99 and reaffirming the
final plat of Emerald Acres No. 2 in the City of Dubuque, Iowa. Seconded by Markham. Motion
carried 7-0.
Iowa Department of Transportation: Communication from Mark F. Wandro, Director of the
Iowa Department of Transportation, regarding the four-lane improvement of the Julien Dubuque
Bridge (U.S. 20), upon motion received and filed.
Business License Refunds: Refund of Class B Beer Permit License to Kids World Pizza Place
and Fun Center, Inc., in the amount of $225.00 and Refund of Beer and Liquor Combination
License to Carol’s Place in the amount of $422.50, upon motion received and filed and
approved refunds.
Business Licenses: Buol moved adoption of Resolution No. 289-01 Granting the renewal of
fourteen licenses to sell Cigarettes and Cigarette Papers within the City; Resolution No. 290-
01 Granting issuance of a Class “C” Beer Permit to IOCO Speede Shoppe #2 and Cedar Cross
Amoco; Resolution No. 291-01 Granting issuance of a Class “C” Beer/Liquor License to
Fischer Lanes, Walnut Tap, Mad Hatters, Airport Inn, Kalmes Breaktime Bar, and The Busted
Lift. Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Commission (Youth representative term which will expire
June 1, 2002 – Term of Brianna Tully): Applicant: Brianna Tully. Upon motion Brianna Tully
reappointed to a one year term which will expire 61/02
Historic Preservation Commission (Two 3-Year Terms which will expire on July 1, 2004 –
th
Terms of Bradford and Guinn): Applicants: Pamela Bradford (West 11 Street) and Suzanne
2
M. Guinn (Jackson Park). Upon motion Pamela Bradford and Suzanne M. Guinn reappointed
to three year terms which will expire 7/1/04.
Investment Oversight Advisory Commission (Two 3-year terms which will expire on July 01,
2004 – Terms of Reisdorf and Ruden): Applicants: Stephen Reisdorf and Gary L. Ruden.
Upon motion Stephen Reisdorf and Gary L. Ruden reappointed to three year terms which will
expire 7/1/04.
Library Board of Trustees (Five 4-year terms which will expire on July 1, 2005 – Terms of
Augspurger, Vandermillen, Strom, Felderman, Smith – Mayor Appointment). Applicants: J. L.
Felderman, Lori Regan, Michael Shubatt, Kristen Smith, Mary L. Strom, Thomas A. Tully.
Mayor Duggan reappointed J. L. Felderman, Kristen Smith and Mary L. Strom and appointed
Michael Shubatt and Thomas Tully to four year terms which will expire 7/1/05. Upon motion
Council approved the Mayor’s appointments. Discussion ensued and a recommendation was
made to work with the Library Board to stagger these five terms.
Park and Recreation Commission (Three 3-year terms which will expire June 30, 2004 –
Terms of Lyness, Sullivan, Hoffmann). Applicants: Danita L. Galdick, Gary L. Harjehausen,
Paul E. Hoffmann, Karen C. Lyness, Upon vote Gary L. Harjehausen, Paul E. Hoffmann, and
Karen C. Lyness were reappointed to three year terms which will expire 6/30/04.
Zoning Advisory Commission (Two 3-year terms which will expire July 1, 2004 – Terms of Bird
and Stiles). Applicants: Eugene Bird, Ben Roush, Jeff Stiles. Upon vote Eugene Bird and Jeff
Stiles were reappointed to three year terms which will expire 7/1/04.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council if they
so desire.
Allen & Urbain Architects/Hills & Dales Development Center – Rezoning Request (Tabled at
meeting of June 19, 2001). Upon motion the following item was removed from the table. Proof
of publication on notice of hearing to consider rezoning property located at 1011 Davis Street
from R-1 Single-Family Residential District to OR Office Residential District and City Manager
submitting additional information on the rezoning request for the Hills and Dales Child
Development Center, upon motion received and filed. Jan Imhoff of Hills and Dales and Rick
Dickinson as Board Member of Hills and Dales both spoke requesting favorable zoning for
expansion of the facility. Joel Glennon, a neighbor of the facility, spoke requesting that the
zoning be kept for the handicapped only and not be used for another business.
Ordinance No. 43-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1011 Davis
Street from R-1 Single-Family Residential District to OR Office High Density Multi-Family
Residential District, presented and read. Michalski 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 7-0.
Voluntary Annexation – W.C. Stewart: Proof of publication on notice of hearing to consider
the voluntary annexation request of W.C. Stewart for property located at 8000 Old Highway
Road and City Manager recommending approval, upon motion received and filed. Michalski
moved that the proof and communication be received and filed and rescheduled the Public
3
Hearing for 7/16/01 at 6:30 p.m. in the Public Library Auditorium and that the City Clerk publish
notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 6-0.
Vacating of Eighth Street: Proof of publication on notice of hearing to consider the vacating
of Eighth Street between Central Avenue and Iowa Street at the request of Dubuque County for
expansion of the Dubuque Law Enforcement Center and the City Manager recommending
approval, upon motion received and filed. Ordinance No. 44-01 Vacating Eighth Street
between Central Avenue and Iowa Street, 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. Buol moved adoption of Resolution No. 292-01 Disposing of City interest in Lot 1A
Block 1, Dubuque Downtown Plaza, Dubuque, Iowa. Seconded by Markham. Motion carried 7-
0.
Upon motion the rule was reinstated limiting discussion to the Council.
ACTION ITEMS
Professional Boxing Elimination Tournaments: Corporation Counsel submitting an ordinance
repealing prohibition on Professional Boxing Elimination Tournaments; Communication from
Eugene F. Schmidt regarding Toughman contests, upon motion received and filed. An
Ordinance Repealing Section 33-14 of the City of Dubuque Code of Ordinances prohibiting
Professional Boxing Elimination Tournaments, presented and read. Nicholson moved that the
Council not adopt the Ordinance. Seconded by Michalski. Motion carried 7-0.
Iowa Department of Transportation Preconstruction Agreement: City Manager transmitting a
request from the Iowa Department of Transportation for approval of a preconstruction
agreement for construction of the extension of the Northwest Arterial to US 52, upon motion
received and filed. A Resolution (For Council Consideration) Approving Preconstruction
Agreement Number 99-4-095A with the Iowa Department of Transportation relating to the
construction of Iowa 32 from John F. Kennedy to US 52, presented and read. Cline moved
that action on this Resolution be tabled until additional information regarding the project.
Seconded by Nicholson. Motion carried 7-0.
Cooper Wagon Works Building – Downtown Rehab Loan: City Manager recommending
approval of a revised Letter of Commitment for the $300,000 Downtown Rehab Loan for the
Cooper Wagon Works Building at 299 Main Street, upon motion received and filed. Nicholson
moved adoption of Resolution No. 293-01 Authorizing a revised Letter of Commitment and
additional actions concerning a Downtown Rehabilitation Loan to the Cooper Development
Company, LLC. Seconded by Michalski. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Nicholson stated he is applying for the Board of Directors for the Iowa League of Cities.
Markham shared that the search for Airport Manager will be started in trade magazines and
applications are due by mid-September.
ITEMS TO BE SET FOR PUBLIC HEARING\
4
Wartburg Place Reconstruction Project – Initiate: City Manager recommending initiation of the
bidding process for the Wartburg Place Reconstruction Project and setting a public hearing for
August 6, 2001, upon motion received and filed. Nicholson moved adoption of Resolution No.
294-01 Preliminary approval of plans and specifications; Resolution No. 295-01 Fixing date of
hearing on plans and specifications; Resolution No. 296-01 of Necessity; Resolution No.
297-01 Fixing date of hearing on Resolution of Necessity; Resolution No. 298-01 Approving
preliminary schedule of assessments; Resolution No. 299-01 Ordering bids, and that the
Public Hearing be set for 8/6/01 at 6:30 p.m. in the Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried
7-0.
Telecorp Realty, LLC – Lease of Space: City Manager recommending that a public hearing
be set for July 16, 2001 to consider the leasing of space at Louis Murphy Park to Telecorp
Realty, LLC, for the installation of a monopole tower and wireless telecommunication antenna
facility, upon motion received and filed. Nicholson moved adoption of Resolution No. 300-01
Of the City’s Intent to dispose of interest in property described in a lease between the City of
Dubuque, Iowa and Telecorp Realty, LLC for the installation and operation of a wireless
telecommunication facility and setting this for Public Hearing on 7/16/01 at 6:30 p.m. in the
Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by
law. Seconded by Markham. Motion carried 7-0.
Alta Vista Street – Request to Vacate: Communication from David L. Clemens, representing
Rick Dickinson, requesting that the City vacate the alley north of Kirkwood Street and east of
Alta Vista in Union Avenue Subdivision, and City Manager recommending that a public hearing
be set for July 16, 2001 to consider disposing of property located north of Kirkwood Street and
east of Alta Vista Street in Union Avenue Subdivision at the request of Rick Dickinson, upon
motion received and filed.
Nicholson moved adoption of Resolution No. 301-01 Approving plat of proposed vacated
alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision. Seconded
by Markham. Motion carried 6-0 with Duggan abstaining.
Ordinance No. 45-01 Vacating the alley north of Kirkwood Street and east of Alta Vista in
Union Avenue Subdivision, presented and read. Nicholson 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 6-0 with
Duggan abstaining.
Nicholson moved adoption of Resolution No. 302-01 of Intent to dispose of City interest in
Lots A, B, C, and D of Union Avenue Subdivision, Dubuque, Iowa and set this for Public
Hearing on 7/16/01 at 6:30 p.m. in the Public Library Auditorium and that the City Clerk publish
notice in the manner prescribed by law. Seconded by Markham. Motion carried 6-0 with
Duggan abstaining.
At 7:36 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 7:52 P.M. Council reconvened Regular Session with statement that staff had been given
proper direction.
5
Communication of Corporation Counsel requesting direction on the purchase of the Brewery
property, upon motion received and filed and accepted the value of the property as set forth by
the Compensation Commission and directed the City Manager to issue a check to the Dubuque
County Sheriff.
There being no further business, upon motion meeting adjourned at 7:53 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 7/11
6