8 06 01 minutes of this meeting CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, August 6, 2001
Council met for Dinner in the Library Rotunda at 5:00 P.M.
Council met in Special Session at 5:30 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 a special session of the City Council called for
the purpose of discussing the Town Clock Plaza.
Kevin Eipperle of the Durrant Group spoke giving the specifics of the proposed design for
the reopened Town Clock Plaza. Discussion encompassed responding to specific questions
about the turn-around at the Town Clock, the color of the concrete, benches, the Continuum
sculpture removal and the possibility of moving the Town Clock.
Upon motion Council adjourned this Special Session at 6:28 P.M.
/s/Jeanne F. Schneider
City Clerk
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 6, 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 Council Member Patricia Cline.
PROCLAMATIONS: Responsible Gaming Education Week (August 6 - 10, 2001) received
by Bruce Wentworth and Carrie Zaber; International Dragon Boat Festival (August 10, 11,
and 12, 2001) received by Jean Flowers; United Way Campaign Time (August 15 - October,
2001) received by Marv and Cathy O'Hare.
CONSENT ITEMS
Minutes Submitted: City Council Proceedings of 7/16, 7/23 and 7/30; Civil Service
Commission of 7/3 and 7/17; Community Development Advisory Commission of 6/14 and 7/17;
Five Flags Commission of 7/16; Housing Code Appeals Board of 5/15; Housing Commission
of 7/17; Housing Commission Trust Fund of 7/26; Investment Oversight Commission of 7/27,
upon motion received and filed.
Printed Council Proceedings for April, 2001, upon motion approved as printed. Proof of
publication for Council Proceedings for July 2 and 10, 2001; proof of publication of list of
claims and summary of revenues for month ending June 30, 2001, upon motion received and
filed. Finance Director submitting the City of Dubuque Financial Reports for the month
ending June 30, 2001, upon motion received and filed. Quarterly Report of the Dubuque Area
Chamber of Commerce Convention and Visitors Bureau; Substance Abuse Services Center
Fourth Quarter Report for Fiscal Year 2001; Investment Oversight Commission 33r~ Quarterly
Report, upon motion received and filed.
Notice of Claims/Suits: H. Diane Chevalier in undetermined amount for personal injury;
David Fisch in estimated amount of $50.00 for property damage; Mark D. Fox in estimated
amount of $558.46 for vehicle damage; Julie Harris in undetermined amount for vehicle
damage; Elizabeth Kelly in estimated amount of $58.25 for vehicle damage; Shopko Store
#164 in estimated amount of $855.60 for property damage; John J. Sullivan in estimated
amount of $232.94 for vehicle damage; Phil Toth in estimated amount of $1,500 for personal
injury, upon motion referred to the Legal Staff for investigation and report.
Notice of appeal in the matter of the condemnation of certain rights in land for the Ice Harbor
Urban Renewal District by Agri Industries, 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, H. Diane
Chevalier for personal injury; Mark D. Fox for motorcycle damage; Julie G. Harris for property
damage; Shopko for property damage; Phil Toth for personal injury; upon motion received and
filed and concurred.
Corporation Council recommending denial of the claims of Elizabeth Kelly for vehicle
damage and John Woerdehoff for property damage, upon motion received and filed and
concurred.
Corporation Council recommending that the claim of Kimberly Kohl for personal injury be
forwarded to Mueller Pipeline, upon motion received and filed and concurred.
Citizen Communications: Communication of Roger J. Nemmers requesting to purchase a
parcel of City-owned property on Fremont Avenue, upon motion received and filed and
referred to the City Manager.
Communication of James E. Goodman, Jr., representing James and Patricia Peters,
requesting relocation of an easement on Huntington Drive, upon motion received and filed
and referred to the City Manager.
Communication of Lloyd Gudenkauf requesting City's final acceptance of Jaeger Heights
Subdivision #2, Phase II, upon motion received and filed and referred to the City Manager.
Communication of Lloyd Gudenkauf requesting City's final acceptance of Patricia Ann
Subdivision (second request), upon motion received and filed and referred to the City
Manager.
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Fiscal Year 2002 REAP Plan: City Manager recommending approval of an update for the
City of Dubuque's Fiscal Year 2002 REAP (Resource and Enhancement Program) Plan for
Dubuque County, including a grant application for the Julien Dubuque Nature Trail, upon
motion received and filed. Nicholson moved adoption of Resolution No. 339-01 Authorizing
a grant application for Iowa Department of Natural Resources REAP Funds for the Julien
Dubuque Nature Trail, a portion of the Heritage Trail Extension. Seconded by Michalski.
Motion carried 7-0.
Certified Local Government (CLG) Grant for Design Guidelines: City Manager
recommending approval for the submission of an application to the State Historic Preservation
Office for a Certified Local Government (CLG) Grant application to provide design review
training, upon motion received and filed. Nicholson moved adoption of Resolution No. 340-
01 Approving the submission of an application for certified Local Government Grant to provide
design review training. Seconded by Michalski. Motion carried 7-0.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Foreman and Equipment Mechanic, upon motion received and filed and made a
matter of record.
Supplement No. 50: City Manager recommending adoption of Supplement No. 50 to the
Code of Ordinances, upon motion received and filed. Nicholson moved adoption of
Resolution No. 341-01 Adopting Supplement No. 50 to the Code of Ordinances of the City of
Dubuque. Seconded by Michalski. Motion carried 7-0.
Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set
for August 20, 2001 to consider assessing civil penalties to thirteen businesses for underage
tobacco sales, upon motion received and filed and set the Hearing for 8/20/01 at 6:30 P.M. in
the public library auditorium.
Fireworks Display: Request from the Dubuque Jaycees, KDTH, KATF and KGRR Radio to
conduct a fireworks display on Wednesday, July 3, 2002, in the vicinity of the Hawthorne
Street Boat Ramp, upon motion received and filed and approved request.
Recycling Services Contract: City Manager recommending approval of a new recycling
services contract with Browning Ferris Industries (BFI), upon motion received and filed and
approved recommendation.
Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and
Agreement with the Visiting Nurse Association (VNA): City Manager recommending approval
of a contract with the Iowa Department of Public Health for continued funding of the Childhood
Lead Poisoning Prevention Program and a renewed agreement with the VNA for services,
upon motion received and filed. Nicholson moved adoption of Resolution No. 342-01
Authorizing the City Manager or his designee to sign a contract with the Iowa Department of
Public Health and an agreement with the Dubuque Visiting Nurse Association. Seconded by
Michalski. Motion carried 7-0.
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Mechanics Addition - Plat of Survey: City Manager recommending approval of the plat of
survey of Lots 138, 139, and the east six feet of Lot 155 in Mechanics Addition, upon motion
received and filed. Nicholson moved adoption of Resolution No. 343-01 Approving plat of
survey of Lots 138, 139, and the east six feet of Lot 155 all in Mechanics Addition. Seconded
by Michalski. Motion carried 7-0.
Riverwalk Third Addition - Plat of Survey: City Manager recommending approval of the plat
of survey for the Riverwalk Third Addition which delineates the project boundary for the
Mississippi Education and Conference Center, upon motion received and filed. Nicholson
moved adoption of Resolution No. 344-01 Approving Plat of Survey of Lot 3 of Riverwalk Third
Addition. Seconded by Michalski. Motion carried 7-0.
Local Law Enforcement Block Grant (LLEBG): City Manager recommending approval of the
submission of a Local Law Enforcement Block Grant application to the United States Bureau
of Justice Assistance, upon motion received and filed and approved recommendation.
Vacant Building Status Report: City Manager submitting the Vacant Building Status Report
as prepared by the Housing and Community Development Department, upon motion received
and filed.
Legislative Correspondence: Communication of City Manager to Congressman Greg
Ganske advising of the City's concern with HR 1542, the "Tauzin-Dingell Internet Act" and
requesting opposition to this bill as currently written, upon motion received and filed.
ICMA - Governmental Affairs and Policy Committee: City Manager advising that he has
accepted an invitation to serve a three year term on the Governmental Affairs and Policy
Committee (GAPC) of the International City/County Management Association, upon motion
received and filed.
Quarterly Investment Report: City Manager submitting the City's Quarterly Investment
Report through June 30, 2001, upon motion received and filed.
National League of Cities: Communication from Donald Borut, Executive Director of the
National League of Cities, regarding the opportunity to present proposed amendments to the
National Municipal Policy and separate resolutions, upon motion received and filed.
Renewal of Section 8 Housing Contract: City Manager recommending approval of the
renewal contract for Section 8 Housing for the Garfield single room occupancy project, upon
motion received and filed and approved recommendation.
957 Main Street and 965 Main Street - Request to Demolish: Communication from Brian J.
Kane, representing The Fischer Companies, withdrawing their application to demolish 957
Main Street and 965 Main Street and stating they do not desire to have a public hearing on
the matter, upon motion received and filed.
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Business License Refunds: Refund of Cigarette License for Caseys General Store on
Rockdale Road and Caseys General Store on Peru Road in the amount of $100.00 each,
upon motion received and filed and approved refunds.
Dubuque Jaycees: Request of the Dubuque Jaycees to transfer their liquor license to the
Iowa Street Parking Ramp as a rain site for the August 17, 2001 All That Jazz event, upon
motion received and filed and approved request.
Business Licenses: Nicholson moved adoption of Resolution No. 345-01 Granting the
renewal of one license (Arby's Q-Mart) to sell Cigarettes and Cigarette Papers within the City;
Resolution No. 346-01 Granting issuance of a Class "B" Beer Permit to Tri-State Golf Center,
Inc.; Class "C" Beer Permit to Amoco Food Shop and IOCO Speede Shoppe #3; and Class "B"
(5-Day Special Event) to Dubuque Jaycees (Tent A, B and C) and Music N More; Resolution
No. 347-01 Granting issuance of a Class "C" Beer/Liquor License (Five Day Special Event) to
Carlos O'Kelly's, Inc. and The Busted Lift (One Day Outdoor Service); and Class "C"
Beer/Liquor License to Los Aztecas Mexican Restaurant. Seconded by Michalski. Motion
carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions:
Housing Commission (One unexpired term to expire 8/17/03; Three terms to expire 8/17/04)
Applicants: Jeremy Austin, Char Eddy, Kris Erickson, John L. Henning, Joe Hopkins, David
J. Kapler, John J. Plein. Char Eddy and John Henning both spoke requesting consideration
for appointment.
Housing Advisory Trust Fund Committee (One three year term to expire 9/8/04) - Applicant:
John V. Walsh. No one spoke
Appointments to the following Boards/Commissions:
Long Range Planning Advisory Commission (Two terms expiring 7/1/04) - Applicants: Floyd
Schneider and Charles Winterwood, M.D. Upon motion Floyd Schneider and Charles
Winterwood, M.D. were appointed to three year terms expiring 7/1/04.
Transit Board of Trustees (One term expiring 7/30/04) - Applicant: Don Stedman. Upon
motion Don Stedman appointed to a three year term expiring on 7/30/04.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
Wartburg Place Reconstruction: Proof of publication on notice of hearing on plans and
specifications for the Wartburg Place Reconstruction Project, Communication of City
Manager recommending proceeding with the Wartburg Place Reconstruction Project; a
Resolution Adopting plans and specifications for the project; a Resolution With respect to the
adoption of the Resolution of Necessity proposed for the Wartburg Place Reconstruction
Project, Petition (23 signatures) of residents of Sunset Ridge Drive requesting that the
proposed storm sewer installation be done first to control storm water management and also
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questioned the termination of snowplowing the Sunset Ridge Dr. area by the City after 75
years; Petition (21 signatures) of residents of Wartburg Place and Sunset Ridge Dr.
protesting the creation of a new sidewalk on the east side of Wartburg Place; Petition (13
signatures) of residents of Wartburg Place and Sunset Ridge protesting the creation of a cul-
de-sac at the end of Wartburg Place and at the entrance of Sunset Ridge, presented and
read.
Tim Conlon, 480 Wartburg Place, spoke requesting sidewalks not be installed on the east
side and also that the cul-de-sac design be changed to accommodate snow removal and other
large vehicles.
Regina Thibeau, 530 Sunset Ridge, spoke questioning the City's recent termination of
upkeep of Sunset Ridge, stating that after 75 years it is now a private street and also
requesting that the storm sewer be done at the beginning of the Wartburg project.
Donna Wahlert, 600 Sunset Ridge, spoke reiterating the need for City's snow removal of
Sunset Ridge and the early installation of the storm sewer.
Jim Kennedy, 575 Sunset Ridge, spoke of the same concerns.
Dave Horstmann, of Wartburg Seminary, spoke stating that they agree with the requested
deletion of the sidewalks on the east side but have no position as to the cul-de-sac.
After Council discussion, Nicholson moved to table this matter for two weeks. Seconded by
Michalski. Carried by the following vote: Yeas--Buol, Duggan, Michalski, Nicholson,
Robbins. Nays--Cline, Markham.
Upon motion the rule was reinstated limiting discussion to Council.
ACTION ITEMS
Town Clock : Communication from John E. Butler, President of Cottingham and Butler,
requesting that the City relocate the Town Clock to the Town Clock Building at 835 Main
Street; Communication from Charlie Glab stating he felt the Town Clock should be moved;
Communication from David Wm. Rusk stating his opposition to moving the Town Clock,
Communication of Walter Peterson, of the University of Dubuque, requesting the Town Clock
be relocated to the Town Clock Building; presented and read.
Mary Lou Baal, representing Cottingham and Butler, spoke of their commitment to save and
restore the Town Clock Building and request that the City facilitate the moving of the Town
Clock back onto its original building at 835 Main St.
Upon motion it was resolved to table this matter for two weeks and staff was directed to
research the various issues, i.e., liability, easement, maintenance agreement, and cost.
1998 Sidewalk Assessment Installation: Communication from John W. Herrig requesting that
he not be required to install sidewalks on the east side of Embassy West Drive north from
Pennsylvania Avenue, presented and read. Upon motion it was resolved to give a one year
extension on the original decision to delay the installation of sidewalks in this area.
Long Range Planning Advisory Commission Membership: Communication from Mary Lynn
Neumeister, Chairperson of the Long Range Planning Advisory Commission, regarding
membership on the Commission and recommending changes, upon motion received and filed.
Ordinance No. 49-01 Amending Section 36-4 of the City of Dubuque Code of Ordinances
regarding composition of the Long Range Planning Advisory Commission, presented and
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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.
Long Range Planning Advisory Commission: Communication from the Long Range Planning
Advisory Commission submitting the recommended goals and objectives for the 2001
Comprehensive Plan Update, upon motion received and filed and set for public hearing on
8/20/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in
the manner prescribed by law.
2408 Central - Construction Ordinance: City Manager recommending approval of a
construction ordinance for placement of a roof overhang within the public right-of-way at 2408
Central at the request of Jerry Maro, upon motion received and filed. Ordinance No. 50-01
Authorizing Jerry Maro to construct a roof overhang, 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.
L&I Building/Salina Street Dock - Construction Ordinance: City Manager recommending
approval of a construction ordinance allowing Lester R. Weber, L & I Building (formerly
Anderson-Weber Building) to place an enclosed loading dock within the public right-of-way,
upon motion received and filed. Ordinance No. 51-01 Authorizing Lester R. Weber to
construct a dock, 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 7-0.
Permit Moratorium for the Fourth Street Peninsula: City Manager recommending approval of
a nine-month extension of the Fourth Street Peninsula Permit Moratorium, upon motion
received and filed. Ordinance No. 52-01 Amending Section 11-58.2 of the City Of Dubuque
Code of Ordinances by extending the moratorium for permit applications on the Fourth Street
Peninsula, 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.
Residential Permit Parking in Municipal Lot #1: City Manager recommending that the
Residential Permit Parking District in Municipal Lot #1 be amended to increase the number of
permits that could be issued from 27 to 29, upon motion received and filed. Ordinance No.
53-01 Amending the City of Dubuque Code of Ordinances Section 32-339 Amending
Residential Permit Parking in Municipal Lot #1, 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 Michalski.
Motion carried 7-0.
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Barton Randall Addition - Final Plat: City Manager recommending approval of the final plat
of Barton Randle Addition, upon motion received and filed. Markham moved adoption of
Resolution No. 348-01 Approving the final plat of Barton Randle Addition, in the City of
Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Harvest View Estates First Edition - Final Plat: City Manager recommending approval of
the final plat of Harvest View Estates First Addition, in the City of Dubuque, Iowa, upon motion
received and filed. Michalski moved adoption of Resolution No. 349-01 Approving the final
plat of Harvest View Estates First Addition, in the City of Dubuque, Iowa. Seconded by
Nicholson. Motion carried 7-0.
Cedar Ridge Farm - Final Plat: City Manager recommending approval of a revised
resolution approving the final plat of Cedar Ridge Farm Place No. 4, upon motion received
and filed. Cline moved adoption of Resolution No. 350-01 Rescinding Resolution No. 155-01
and approving the final plat of Cedar Ridge Farm Place No. 4 in the City of Dubuque, Iowa.
Seconded by Markham. Motion carried 7-0.
Historic Preservation Revolving Loan Fund: Historic Preservation Commission submitting
proposed guidelines for the HPC Revolving Loan Fund and requesting Council approval, upon
motion received and filed and approved request..
Historic Preservation Homeowner Grant Program: Historic Preservation Commission
submitting proposed guidelines for the HPC Homeowner Grant Program and requesting
Council approval, upon motion received and filed and approved request.
Iowa League of Cities: City Manager advising that the City Council needs to designate a
voting delegate for the upcoming Iowa League of Cities Annual Meeting in Waterloo, upon
motion designated Dan Nicholson as the voting delegate.
COUNCIL MEMBER REPORTS
Markham stated that the Airport Manager position has been advertised in various
publications, resumes are coming in and interviews will be scheduled for September.
ITEMS TO BE SET FOR PUBLIC HEARING
Redistricting Plan for City Wards and Precincts: City Manager recommending that a public
hearing be set for August 20, 2001, for review and approval of a redistricting plan for City
Wards and Precincts, upon motion received and filed and set Public Hearing for 8/20/01 at
6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner
prescribed by law.
Northwest Arterial Detention Basin - Phase I - Initiate: City Manager recommending
initiation of the bidding process for the Northwest Arterial Detention Basin - Phase I project
and setting a public hearing for August 20, 2001, upon motion received and filed. Michalski
moved adoption of Resolution No. 351-01 Preliminary approval of plans and specifications;
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Resolution No. 352-01 Fixing date of hearing on plans and specifications for 8/20/01 at 6:30
P.M. in the public library auditorium and that the City Clerk publish notice in the manner
prescribed by law; and Resolution No. 353-01 Ordering bids. Seconded by Buol. Motion
carried 7-0.
High Bluff Sanitary Sewer Project - Initiate: City Manager recommending initiation of the
bidding process for the High Bluff Sanitary Sewer project and setting a public hearing for
August 20, 2001, upon motion received and filed. Michalski moved adoption of Resolution
No. 354-01 Preliminary approval of plans and specifications; Resolution No. 355-01 Fixing
date of hearing on plans and specifications for 8/20/01 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. 356-01
Ordering bids. Seconded by Buol. Motion carried 7-0.
Harvest View Estates Sanitary Sewer Project - Initiate: City Manager recommending
initiation of the bidding process for the Harvest View Estates Sanitary Sewer project and
setting a public hearing for August 20, 2001, upon motion received and filed. Michalski
moved adoption of Resolution No. 357-01 Preliminary approval of plans and specifications;
Resolution No. 358-01 Fixing date of hearing on plans and specifications for 8/20/01 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. 359-01 Ordering bids. Seconded by Buol. Motion carried
7-0.
At 8:23 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 8:49 Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:50 P.M.
/s/Jeanne F. Schneider
City Clerk
It 8/15
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