8 20 01 City Council MinutesCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Monday, August 20, 2001
Council met 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 Reverend Ken Bickel, First Congregational United Church of Christ
CONSENT ITEMS
Minutes Submitted: Airport Commission of 7/13 and 7/30; City Council Proceedings of 8/6;
Community Development Advisory Commission of 8/9; Historic Preservation Commission of
7/19; Human Rights Commission of 7/9; Zoning Advisory Commission of 7/5; upon motion
received and filed.
Proof of publication of Council proceedings of 7/16, 7/23 and 7/30; upon motion received and
filed.
Printed Council Proceedings for May and June, 2001, upon motion approved as printed.
Finance Director submitting the Financial Reports for the month ending July 31, 2001, upon
motion received and filed.
Notice of Claims/Suits:
Kevin and Melissa Felderman in estimated amount of $50.00 for property damage; Lisa
Greenwood in estimated amount of $316.22 for vehicle damage; Robert J. Reding in estimated
amount of $76.43 for vehicle damage; Joan Schlueter in undetermined amount for personal
injury, upon motion referred to the Legal Staff for investigation and report.
Public Improvement Claim on behalf of S & T Services, Inc. d/b/a Timian Construction, relating
to the Bunker Hill Clubhouse Renovation and Addition, upon motion received and filed and
referred to 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 received and filed and referred to Legal
Staff for investigation and report.
Citizen Communications:
Communication from Girl Scout Troop 146 of Hoover School regarding gun control, upon
motion received and filed and referred to the City Manager.
Communication from N. J. Yiannias requesting the vacating of Congress Circle, a City street,
upon motion received and filed and referred to the City Manager.
Petition from residents of Rosemont Street regarding Hempstead High School students
parking on their street, upon motion received and filed and referred to the City Manager.
Communication from Roger F. Klauer requesting the vacation of Kebbie Street from the north
lot line of Lot 5, Block 3 of C.J. Bies Subdivision to its southern termination, upon motion
received and filed and referred to the City Manager.
Public Safety Communications Center Agreement: Communication from Denise Dolan, E911
Service Board, requesting approval of a revised 28E Public Safety Communications Center
Agreement, upon motion received and filed and approved recommendation.
Stormwater Management Study: Communication from City Manager Michael C. Van Milligen
inviting State and Federal legislators to attend a bus tour of the areas proposed for
improvement in the Stormwater Management Study, upon motion received and filed.
Fifth Street - Acceptance: City Manager recommending acceptance of the Fifth Street
Reconstruction Project in the final contract amount of $228,882.59 and establishing the final
assessment schedule, upon motion received and filed. Buol moved adoption of Resolution No.
360-01 Accepting improvement; Resolution No. 361-01 Approving final contract amount of
$228,882.59; Resolution No. 362-01 Adopting the final assessment schedule for Fifth Street
Reconstruction, Iowa to Main Street Project, including certain information required by the Code
of Iowa, specifically, the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable and directing
the Clerk to certify the final schedule and to publish notice thereof. Seconded by Robbins.
Motion carried 7-0.
Salina Street Railroad Agreement: City Manager recommending approval of an agreement
between the City and the Canadian National/Illinois Central (CN) Railroad relating to
reconstruction of Salina Street, upon motion received and filed. Buol moved adoption of
Resolution No. 363-01 Approving agreement with the Canadian National/Illinois Central
Railroad (CN) relating to the reconstruction of Salina Street railroad tracks. Seconded by
Robbins. Motion carried 7-0.
Ricann Farms Inc. No. 2 - Final Plat: Zoning Advisory Commission advising of their approval
of the final plat of Ricann Farms Inc. No. 2 in Dubuque County as requested by Richard
LeConte, upon motion received and filed. Buol moved adoption of Resolution No. 364-01
Approving the final plat of Ricann Farms Inc. No. 2. Seconded by Robbins. Motion carried 7-0.
Wartburg Seminary: Communication from Wartburg Theological Seminary withdrawing their
request for rezoning of property located at 330 Wartburg Place, upon motion received and filed.
Dubuque Jaycees: Request of the Dubuque Jaycees to transfer their liquor license to the
Iowa Street Parking Ramp as a rain site for the September 7, 2001 All That Jazz event, upon
motion received and filed and approved request.
Business Licenses: Buol moved adoption of Resolution No. 365-01 Granting the renewal of
Cigarettes and Cigarette Papers within the City to Kalmes Breaktime Bar and Grill; Resolution
No. 366-01 Granting issuance of a Class "B" Beer Permit to Riverfest Special Event, Dubuque
Jaycees (Tent A, B, and C); and Class "C" Beer Permit to TFM Co (Oky Doky #6 and 21), IOCO
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Speede Shoppe #3, Family Mart, Inc., Kwik Stop Food Mart, and Sids Beverage Store;
Resolution No. 367-01 Granting issuance of a Class "C" Beer/Liquor License to Clarke
College; Class "B" Wine Permit to Sids Beverage Store; Class "C" (Special) Liquor License to
Choo Choo Charlies and Class "E" Liquor License to TFM Co (Oky Doky #2). Seconded by
Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions: Airport Commission (Two four-year terms to
expire 9/14/05 - Brotherton and O'Neill) --Applicants: Doug Brotherton, Jim O'Neill and Dale
Hirsch. Mr. Brotherton and Mr. Hirsch spoke requesting consideration for appointment.
Cable Teleprogramming Commission (One three-year term to expire 6/30/04 - Kohl) ---
Applicant: Paul R. Kohl. Mr. Kohl spoke requesting consideration for reappointment.
Appointments to 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. Communication
from John J. Plein advising of his interest in serving on the Commission. Upon vote, David J.
Kapler reappointed, Char Eddy and John L. Henning appointed to three year terms to expire
8/17/04. Upon vote John J. Plein appointed to the unexpired three year term which will expire
8/17/03.
Housing Advisory Trust Fund Committee (One three year term to expire 9/8/04). - Applicant:
John V. Walsh. Upon motion Mr. Walsh reappointed to the three year term to expire 9/8/04.
PUBLIC HEARINGS
Wartburg Place Reconstruction (Tabled on August 6, 2001): Proof of publication on notice of
hearing on plans and specifications for 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, presented and read.
Regina Thibeau spoke stating of the residents' request to have Sunset Ridge be converted to
a public street and also unanimous support for 25' width street with no sidewalks. Tim Conlon
spoke requesting that sidewalks not be installed on east side of the street.
Michalski moved to receive and file the proof and to adopt the Resolutions. Seconded by
Nicholson. Yeas--None. Nays--Buol, Cline, Duggan, Markham, Michalski, Nicholson,
Robbins. Motion Failed.
Upon consensus of the Council, Staff was directed to continue snow removal on Sunset Ridge
this winter.
Redistricting Plan for City Wards and Precincts: Proof of publication on notice of hearing for
review of a redistricting plan for City Wards and Precincts, City Manager recommending
approval of plan, City Manager recommending approval of the City/County Agreement for
Extraterritorial Precincts and Communication from County Auditor Denise Dolan regarding the
redistricting, upon motion received and filed. Walter Pregler spoke thanking the Planning staff
for responding to his objections. Ordinance No. 54-01 Amending the City of Dubuque, Iowa
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Code of Ordinances by repealing Chapter 17, Elections, and adopting in lieu thereof a new
Chapter 17, Elections, establishing boundaries for four (4) Wards and twenty-one (21)
Precincts, 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 Nicholson. Motion carried 7-0.
2001 Comprehensive Plan Goals and Objectives: Proof of publication on notice of hearing on
the 2001 Comprehensive Plan Goals and Objectives, upon motion received and filed and
approved recommendation.
Sutton Pool Painting 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 to
award the contract for the Sutton Pool Painting Project to Fred Jackson Tuckpointing Company
in the amount of $32,221, upon motion received and filed. Markham moved adoption of
Resolution No. 368-01 Adopting plans and specifications for the project; Resolution No. 369-
01 Awarding contract to Fred Jackson Tuckpointing Company. Seconded by Robbins. Motion
carried 7-0.
Dubuque Air Service ADA Improvements: Proofs of publication on notice of hearing on plans
and specifications and notice to bidders on the receipt of bids, and City Manager
recommending to award the contract for the Dubuque Air Service ADA Improvements Project to
Klauer Development in the amount of $37,850, upon motion received and filed. Michalski
moved adoption of Resolution No. 370-01 Adopting plans and specifications for the project and
Resolution No. 371-01 Awarding contract to Klauer Development. Seconded by Nicholson.
Motion carried 7-0.
Northwest Arterial Detention Basin - Phase I: Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on the receipt of bids, and City Manager
recommending to award the contract for the Northwest Arterial Detention Basin - Phase I
Project to Horsfield Construction in the amount of $171,649.75, upon motion received and filed.
Buol moved adoption of Resolution No. 372-01 Adopting plans and specifications for the
project and Resolution No. 373-01 Awarding contract to Horsfield Construction. Seconded by
Markham. Motion carried 7-0.
High Bluff Sanitary Sewer 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 to
award the contract for the High Bluff Sanitary Sewer Project to Drew Cook and Sons
Excavating, Inc., in the amount of $110,833.24, upon motion received and filed. Cline moved
adoption of Resolution No. 374-01 Adopting plans and specifications for the project and
Resolution No. 375-01 Awarding contract to Drew Cook and Sons Excavating, Inc. Seconded
by Robbins. Motion carried 7-0.
Harvest View Estates Sanitary Sewer 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 to award the contract for the Harvest View Estates Sanitary Sewer Project to
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McDermott Excavating in the amount of $263,799.30, upon motion received and filed.
Markham moved adoption of Resolution No. 376-01 Adopting plans and specifications for the
project and Resolution No. 377-01 Awarding contract to McDermott Excavating. Seconded by
Cline. Motion carried 7-0.
Upon motion the rule was reinstated limiting discussion to the Council.
ACTION ITEMS
Town Clock (Tabled on August 6, 2001): Upon motion the following item was removed from
the table.
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 City Manager on construction costs; Corporation Counsel submitting a proposal from
Mary Lou Baal on behalf of the Town Clock Building Company for relocation of the town clock;
Communications from Charlie Glab, David Wm. Rusk, Walter F. Peterson, Thomas E. Graham,
Eugene F. Schmidt, Sr. Margaret Ann Willging, Brad Parks, Lisa Spencer, John Meehan, and
the Executive Committee of the Dubuque County Historical Society, regarding the relocation of
the Town Clock, presented and read.
John Butler, 2000 S. Grandview, spoke requesting consideration of their proposal to move the
Town Clock, that they will guarantee the $100,000 matching State grant (if obtained), and
stressed that the visibility on their historic Town Clock building would be higher than on its
current pedestal.
David Rusk, 2340 Coates St., spoke in opposition of moving the Town Clock for various
reasons.
Nick Lucy, 783 Fenelon Place, spoke in opposition of moving the Town Clock and opening the
Plaza.
John Meehan, 830 Boyer, with the Dubuque Jaycees, spoke stating they had voted
unanimously to keep the Town Clock at its present location.
Dave Stewart, 1470 Locust, spoke stating the Clock is a traffic hindrance and should be
moved, and that we accept the generosity of Cottingham and Butler.
Tim Conlon, 480 Wartburg Place, spoke stating that the Clock should be returned to its
original home.
Walter Peterson, 1760 Overview Ct., stressed that it is critical for the downtown's future that
the Town Clock be returned to its original site.
John Ehlers, 1617 Kebbie, spoke in opposition of moving the Town Clock.
Bob Felderman, 1980 Marion St., spoke requesting that the Clock not be moved.
Brad Parks, 186 Bluff, spoke stating the Town Clock stay where it is as it is an icon of the
Downtown.
Thomas J. Really, 951 Oxford, spoke stating that the Clock is the focal point of the downtown
and should be left where it is.
Greg Stover, 1145 Locust, spoke requesting the Clock be moved so that the downtown area
would be more viable and useful.
Charlie Glab, 804 English Lane, spoke stating that the Clock is a barrier and should be
moved, that it is important that Main St. be opened.
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Cline moved to receive and file the communications and to keep the Town Clock at its present
position. Seconded by Markham. Carried by the following vote: Yeas--Buol, Cline, Duggan,
Markham, Michalski, Robbins. Nays--Nicholson.
Penalties for Tobacco Permit Holders: Consideration of assessing civil penalties to thirteen
businesses for underage tobacco sales, upon motion it was resolved to receive and file the
communication and to assess the penalties.
COUNCIL MEMBER REPORTS
Michalski commended the City Staff in working the Historical Society and the American Rivers'
Organization from Washington DC that hosted the Workshop at the Dubuque County Jail.
ITEMS TO BE SET FOR PUBLIC HEARING
Plastic Center, Inc. - Conceptual Development Plan: Zoning Advisory Commission
reaffirming their approval of a rezoning request from Plastic Center, Inc., to rezone property
located at the southeast corner of the Northwest Arterial and Asbury Road from AG Agricultural
District to PUD Planned Unit Development with a PC Planned Commercial, PO Planned Office
and PR Planned Residential designation; Communication from Brian J. Kane requesting that
the public hearing on the above matter be set for October 1, 2001, upon motion received and
filed the communications and set matter for public hearing on 10/1/01 at a meeting to
commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in
the manner prescribed by law.
At 8:45 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation
(Iowa Code Chapter 21 -.5(1 )(c)
At 8:57 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:58 P.M.
It 8/29
/s/Jeanne F. Schneider
City Clerk
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