7 16 01 Council Minutes(this mtCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, July 16, 2001
Council met for Dinner in the Library Rotunda at 5:00 P.M.
Council met in Special Session at 5:35 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 a special session of the City Council called for the
purpose of discussing a request for assistance from Harvest Development Group.
Communication of the City Manager concerning the Harvest Development’s Group request for
financial assistance to facilitate development on the proposed residential subdivision on the 70
acres on Asbury Road purchased from the Hilby family, upon motion received and filed.
Laura Carstens, Planning Services Director, gave a verbal staff report. Discussion ensued with
input from Public Works Director Mike Koch and Assistant City Engineer Gus Psihoyos. Various
aspects of the proposed project were considered, especially sewer, inspection fees, and financial
assistance.
Upon motion it was resolved to go with the City Manager’s recommendation to assist in the area of
sanitary sewer work and the possible development of a small park. Direction was given to Staff to
look at inspection fees.
There being no further business, upon motion meeting adjourned at 6:31 P.M.
/s/ Jeanne F. Schneider
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, July 16, 2001
Council met in Regular Session at 6:31 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 City Council.
Invocation was given by Wayne Holt, Bishop of The Church of Jesus Christ of Latter Day Saints.
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PROCLAMATIONS: Dubuque County Fair Week (July 24 – 29, 2001) received by departing Fair
Manager Paula Wolfe who introduced the new Fair Manager Shannon Lundgren and the Fair 4-H
King and Queen: Brett Farnum and Molly Decker.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 6/18 and 6/29; City Council Proceedings of 7/2 and
7/10; Civil Service Commission of 6/1; Electrical Code Board of 6/20; Enterprise Zone
Commission of 6/14; Human Rights Commission of 6/11; Library Board of Trustees of 5/24;
Zoning Advisory Commission of 6/6 and 7/5, upon motion received and filed.
Printed Council Proceedings for March, 2001; upon motion approved as printed.
Proof of publication for Council Proceedings of 6/13 and 6/28; List of claims and summary of
revenues for the month ending May 31, 2001, upon motion received and filed.
Notice of Claims/Suits: D & A Cable, Inc. in estimated amount of $544.02 for vehicle damage;
Kimberly Kohl in undetermined amount for personal injuries to Nelson Kohl; Joseph J. Lange in
undetermined amount for personal injury; Ralph Lemmer in estimated amount of $20.77 for
vehicle damage; Bruce Scheffert in undetermined amount for personal injury; John J. Woerdehoff
in estimated amount of $236.50 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: D & A Cable, Inc. for
vehicle damage; Joseph J. Lange for personal injury; and Bruce Scheffert for personal injury,
upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claims of Ralph Lemmer in the amount of
$20.77 for vehicle damage and Delmer Scales in the amount of $263.36 for property damage, and
Finance Director to issue payment, upon motion received and filed and concurred with
recommendation and Finance Director to issue payment.
Civil Service Commission: Civil Service Commission submitting the certified lists for the positions
of Assistant Fire Chief; Fire Captain, Fire Lieutenant, Fire Equipment Operator; Operator I and
Operator II, upon motion received and filed and made a matter of record.
City Representative for FEMA Assistance: City Manager recommending that he be designated as
the City’s representative for obtaining federal/state finance assistance under the Disaster Relief
Act, upon motion received and filed. Buol moved adoption of Resolution No. 303-01
Designating the City Manager as the City of Dubuque’s authorized representative for signing and
filing documents to obtain federal/state finance assistance under the Disaster Relief Act.
Seconded by Markham. Motion carried 7-0.
Riprow Valley Archeological Survey: Historic Preservation Commission recommending that the
City Council concur with the findings of the Archeological Survey Report for the Riprow Valley
Restoration Project and to transmit that concurrence to the State Historic Preservation Office and
the Iowa Department of Natural Resources, upon motion received and filed and concurred.
Architectural/Historical Survey/Evaluation – Phase III – CLG Grant: City Manager recommending
approval of an application to the State Historic Preservation Office for a Certified Local
Government grant to conduct Phase III of an architectural/historical survey/evaluation in the
community, upon motion received and filed. Buol moved adoption of Resolution No. 304-01
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Approving submission of an application for Certified Local Government Grant to conduct an
Architectural/Historic Survey/Evaluation – Phase III. Seconded by Markham. Motion carried 7-0.
Fischer Companies - Request for Demolition Permit: Historic Preservation Commission
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recommending the approval of a demolition permit for a structure located at 115 West 12 Street,
upon motion received and filed and approve request.
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West 32 Street – Acceptance of Warranty Deeds: City Manager recommending acceptance of
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warranty deeds for right-of-way purchases on West 32 Street for the reconstruction project
scheduled for 2001-2002, upon motion received and filed. Buol moved adoption of: Resolution
No. 305-01 Accepting a conveyance of property (part of Lot 3 of 2 of Helen E. and Mary H.
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Stewart Subdivision and part of Lot 5 of 2 of 6 of the NE ¼ of Section 16, T89N, R2E, 5 P.M.) of
Brueck Subdivision) from Frank Hardie Advertising, Inc. on John F. Kennedy Road to the City of
Dubuque; Resolution No. 306-01 Accepting a conveyance of property (a part of Lot 10 of Brueck
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Subdivision) from Edwin W. and Linda K. Faust on West 32 Street to the City of Dubuque;
Resolution No. 307-01 Accepting a conveyance of property (part of Lot 2 of Brueck Subdivision)
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from Sean A. and Christine Rupp on West 32 Street to the City of Dubuque; Resolution No.
308-01 Accepting a conveyance of property (a part of Lot 2 of 1 of 7 of the NE ¼ of Section 16,
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T89N, R2E, 5 P.M. from Earlyn J. and Judith L. Loeffelholz on West 32 Street to the City of
Dubuque; Resolution No. 309-01 Accepting a conveyance of property (parts of Lots 3 and 1 of
Lot 1 of 4 in the NE ¼ NE ¼, Lot 1 of 1 of 7 in the SE ¼ NE ¼ and Lot 1-1-1-1-1-1-1-1-1-1-3 of
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Helen E. and Mary H. Stewart Subdivision in the NW ¼ NE ¼ all in Section 16, T89N, R2E, 5
P.M., Dubuque County, Iowa) from Kivlahan Farms, L.C. on John F. Kennedy Road to the City of
Dubuque; Resolution No. 310-01 Accepting a conveyance of property (part of Lot 1 of 1 of 4 in
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the NE ¼ NE ¼ Section 16, T89N, R2E, 5 P.M.) from Kivlahan Farms, L.C. on John F. Kennedy
Road to the City of Dubuque; Resolution No. 311-01 Accepting a conveyance of property (part
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of Lot 8 of Brueck Subdivision) from Carl W. & Debra L. Thumser on West 32 Street to the City
of Dubuque; Resolution No. 312-01 Accepting a conveyance of property (part of Lot 1 of 1 of 11
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of Brueck Subdivision) from Marjorie H. Sweeney on West 32 Street to the City of Dubuque.
Seconded by Markham. Motion carried 7-0.
Grant of Easement – John F. Kennedy Road: City Manager recommending the reaffirmation of
the acceptance of a Grant of Easement for Lateral Support on John F. Kennedy Road from
Richard J. and Marie V. Benson, upon motion received and filed. Buol moved adoption of
Resolution No. 313-01 Rescinding Resolution 261-01 and reaffirming the acceptance of a Grant
of Easement for Lateral Support from Richard J. and Marie V. Benson, Seconded by Markham.
Motion carried 7-0.
Peavey Company – Lease Extension: City Manager recommending approval of a lease extension
with Peavey Company through November 30, 2021, upon motion received and filed and approved
recommendation.
Hillcrest Family Services – Festival of Lights: City Manager recommending approval of an
agreement with Hillcrest Family Services for the use of Murphy Park for the Festival of Lights from
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November 1 through January 12, upon motion received and filed and approved
recommendation.
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Regional Transit Authority: City Manager recommending approval of a Job Access Contract with
the Regional Transit Authority (RTA) for Fiscal Years 2001 and 2002, upon motion received and
filed and approved recommendation.
Consolidated Annual Action Plan – Fiscal Year 2001: City Manager recommending approval of a
Grant Agreement with the U.S. Department of Housing and Urban Development for the Fiscal
Year 2001 (July 1, 2001 – June 30, 2002) Consolidated Annual Action Plan in the amount of
$1,489,000, upon motion received and filed. Buol moved adoption of Resolution No. 314-01
Authorizing execution of a Community Development Block Grant Agreement with the U.S.
Department of Housing and Urban Development. Seconded by Markham. Motion carried 7-0.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors thanking the City Council for their cooperation and assistance for the Law
Enforcement Center Addition Project, upon motion received and filed.
Dubuque Museum of Art: City Manager advising that he plans to approve meter changes as
requested by the Dubuque Museum of Art for meters along Seventh Street between Locust and
Bluff Streets, upon motion received and filed.
City of Asbury – Voluntary Annexation: Communication from City of Asbury notifying the City of
the voluntary annexation of property known as Lot 2 Juran Place of the SE ¼ of the NE ¼ of
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Section 18, T89N, R2D, 5 P.M., Dubuque County, Iowa and that a pubic hearing has been
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scheduled for July 242001 at 7:00 P.M., upon motion received and filed.
Dubuque County Historical Society: Request of the Dubuque County Historical Society to transfer
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their liquor license from the Ryan House to 350 East 3 Street (Museum parking lot) for the Taste
of Dubuque on August 1, 2001, upon motion received and filed and approved recommendation.
Business Licenses: Michalski moved adoption of Resolution No. 315-01 Granting the renewal of
three licenses to sell Cigarettes and Cigarette Papers within the City; Resolution No. 316-01
Granting issuance of a Class “B” Beer Permit (Special Event) to Loras College Campus; Dubuque
Area Labor Management Council (Tents A, B, and C); and Four Mounds Foundation; Resolution
No. 317-01 Granting issuance of a Class “C” Beer/Liquor License to House of China; Tott’s Tap;
Shannon’s Bar and Grill; Applebee’s Grill and Bar; Bodines; and Holiday Inn Five Flags.
Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions:
Long Range Planning Advisory Commission (2 Terms Expiring 7/1/04) Applicants: Floyd
Schneider and Charles Winterwood, M.D. Dr. Winterwood and Mr. Schneider both spoke
requesting consideration for appointment.
Transit Board of Trustees (1 Term Expiring 7/30/04) Applicant: Don Stedman. Mr. Stedman
spoke requesting consideration for appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
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Telecorp Realty, LLC – Lease of Space: Proof of publication on notice of hearing and City
Manager recommending 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. Mike Singer, Leasing Mgr. for Whalen & Co., spoke giving specifics of the
lease. Buol moved adoption of Resolution No. 318-01 Approving of a Lease Between the City of
Dubuque and Telecorp Realty, LLC for the installation and operation of a wireless
telecommunication antenna facility. Seconded by Cline. Motion carried 7-0.
Mayor Duggan turned control of the meeting to Mayor Pro-Tem Robbins due to potential conflict of
interest.
Alta Vista Street – Request to Vacate: Proof of publication on notice to hearing to consider a
request that the City vacate the alley north of Kirkwood Street and east of Alta Vista in Union
Avenue Subdivision and the City Manager recommending disposal of the property to Rick
Dickinson, upon motion received and filed. Nicholson moved adoption of Resolution No. 319-01
Disposing of City interest in Lots A, B, C, and D of Union Avenue Subdivision, Dubuque, Iowa.
Seconded by Michalski. Motion carried 6-0.
Mayor Duggan returned and took control of the meeting.
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. Markham moved
adoption of Resolution No. 320-01 Annexing certain property to the City of Dubuque, Iowa,
concurrent with rezoning from County R-1 Rural Residential to City R-1 Single-Family Residential
District Zoning District. Seconded by Buol. Motion carried 7-0.
2001 Curb Ramp Installation – CDBG Project #2: Proofs of publication on notice of hearing on
plans and specifications, and notice to bidders on the receipt of bids for the 2001 Curb Ramp
Installation – CDBG Project #2, and City Manager recommending award of the contract to
Superior Concrete in the amount of $20,744.75, upon motion received and filed. Robbins moved
adoption of Resolution No. 321-01 Adopting plans and specifications for the project; Resolution
No. 322-01 Awarding contract to Superior Concrete in the amount of $20,744.75. Seconded by
Nicholson. Motion carried 7-0.
2001 Asphalt Paving Project: Proofs of publication on notice of hearing on plans and
specifications, and notice to bidders on the receipt of bids for the 2001 Asphalt Paving Project and
City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of
$1,694,717.78, upon motion received and filed. Robbins moved adoption of Resolution No. 323-
01 Adopting plans and specifications for the project and Resolution No. 324-01 Awarding contract
to Portzen Construction, Inc., in the amount of $1,694,717.78. Seconded by Nicholson. Motion
carried 7-0.
Upon motion the rules were reinstated limiting discussion to Council.
ACTION ITEMS
Vision Iowa Grant Award Agreement and 28E Agreement: City Manager recommending approval
of the Vision Iowa Grant Award Agreement and a 28E Agreement with the Dubuque County
Historical Society, upon motion received and filed. Michalski moved adoption of Resolution No.
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325-01 Approving the Vision Iowa Grant Award Agreement and Resolution No. 326-01 Approving
the 28E Agreement between the City of Dubuque and the Dubuque County Historical Society.
Seconded by Cline. Motion carried 7-0.
Behr Funeral Home – Construction Ordinance: City Manager recommending approval of a
request from Behr Funeral Home to install ornamental lighting and trees within the City right-of-
way at 1491 Main Street, upon motion received and filed. Ordinance No. 47-01 Authorizing Behr
Funeral Home to construct and maintain four street lights at 1491 Main Street, Dubuque, Iowa,
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.
Maxim Technologies – Monitoring Wells: City Manager recommending approval of a request from
Maxim Technologies to install monitoring wells within the City right-of-way on Kerper Boulevard,
upon motion received and filed. Markham moved adoption of Resolution No. 327-01 Authorizing
a license agreement between the City of Dubuque, Iowa and Maxim Technologies, Inc., to install
monitoring wells on public right-of-way in the vicinity of 2255 Kerper Boulevard. 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 Downtown Rehab Loan for the Cooper Wagon Works
Building at 299 Main Street, upon motion received and filed. Robbins moved adoption of
Resolution No. 328-01 Authorizing a revised Letter of Commitment and additional actions
concerning a Downtown Rehabilitation Loan to the Cooper Development Company, LLC.
Seconded by Nicholson. Motion carried 7-0.
Iowa Department of Transportation Preconstruction Agreement (Tabled at Meeting of July 2,
2001): Upon motion the following was removed from the table.
Communication from Richard E. Kautz, Iowa Department of Transportation, regarding the
proposed extension of Iowa 32 (Northwest Arterial) and 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.
Nicholson moved adoption of Resolution No. 329-01 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. Seconded by Michalski. Motion carried 7-0.
Plastic Center, Inc. – Conceptual Development Plan: Communication from Brian J. Kane, Counsel
for Plastic Center, Inc., requesting that the conceptual development plan and rezoning request for
property located on the southeast corner of the Northwest Arterial and Asbury Road, which was
tabled on July 17, 2000, be removed from the table and set for public hearing on August 6, 2001,
presented and read. Upon motion it was resolved to receive and file the documents and refer
matter to the Zoning Advisory Commission.
Street Tree and Landscaping on Public Right-of-Way Policy : City Manager recommending
approval of revisions to the Street Tree and Landscaping on Public Right-of-Way Policy, upon
motion received and filed and approved recommendation.
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America’s River Project - Vacating of Various Streets: City Manager recommending approval of
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the vacating of Wall Street, Tower Street, East 6 Street and adjacent alleys all east of Bell Street
for future platting purposes, upon motion received and filed. Buol moved adoption of Resolution
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No. 330-01 Approving plat of proposed vacated Wall Street, Tower Street, East 6 Street and
adjacent alleys all east of Bell Street. Seconded by Markham. Motion carried 7-0. Ordinance
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No. 48-01 Vacating Wall Street, Tower Street, East 6 Street and adjacent alleys all east of Bell
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.
Housing Commission: Communication from David Harris, Housing and Community Development
Director regarding the attendance of a Housing Commission Member and requesting that the
position be declared vacant, upon motion received and filed and declared the relevant seat
vacant.
City Manager recommending approval of an amendment to the Demolition Ordinance, upon
motion received and filed. Ordinance No. 46-01 amending Ordinance No. 37-01, Demolition
Permits in Demolitions Districts, Section 7, providing for exceptions to the Demolition Permit
requirement, 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 Nicholson. Motion carried 7-0.
COUNCIL MEMBERS REPORTS
Michalski commended the Director of Housing and Community Development Department David
Harris on obtaining additional Housing Vouchers.
ITEMS TO BE SET FOR PUBLIC HEARING
Airport Air Service Building (FBO) ADA Improvements – Initiate: City Manager recommending
initiation of the bidding process for the Airport Air Service Building (FBO) ADA Improvements
Project and that a public hearing be set for August 20, 2001, upon motion received and filed.
Michalski moved adoption of Resolution No. 331-01 Preliminary approval of plans and
specifications; Resolution No. 332-01 Fixing date of hearing on plans and specifications for
8/6/01 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. 333-01 Ordering bids.
Seconded by Nicholson. Motion carried 7-0.
Sutton Pool Tank Painting Project – Initiate: City Manager recommending initiation of the bidding
process for the Sutton Pool Tank Painting Project and that a public hearing be set for August 20,
2001, upon motion received and filed. Michalski moved adoption of Resolution No. 334-01
Preliminary approval of plans and specifications; Resolution No. 335-01 Fixing date of hearing
on plans and specifications for 8/20/01 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. 336-01 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 7:34 P.M.
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/s/ Jeanne F. Schneider
City Clerk
1t 7/25
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