Minutes, this meeting 9 17 01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, September 17, 2001
Council met for Dinner at 5:00 P.M. in the Library Rotunda
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 the regular session of the City Council called for
the purpose of hearing a presentation by HOK Venue.
Representatives of HOK Venue presented schematic designs of the proposed Conference and
Education Center and discussed various elements of the project.
There being no further business, upon motion special meeting adjourned at 6:23 P.M.
/s/Jeanne F. Schneider
City Clerk
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, September 17, 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.
A Color Guard provided by the Dubuque Police and Fire Departments and representatives of
the Military, Pledge of Allegiance, Striking the Four Fives by the Dubuque Fire Department and
a Proclamation in remembrance of the recent Attack on America.
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 Sr. Dolores UIIrich, OSF, Stonehill Franciscan Services.
PROCLAMATION: Stonehill Adult Center Day (September 22, 2001) received by Sr. Dolores
UIIrich, OSF, President of Stonehill Franciscan Services.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 8/27; Civil Service Commission of 7/31; Community
Development Advisory Commission of 9/6; Downtown Planning Committee of the Long Range
Planning Commission of 8/13; Electrical Code Board of 8/30; Environmental Stewardship
Advisory Commission of 9/4; Historic Preservation Commission of 8/27; Housing Commission
of 8/27; Housing Commission Trust Fund Committee of 8/23; Zoning Advisory Commission of
9/5; Zoning Board of Adjustment of 8/23, upon motion received and filed.
Proof of publication of Council Proceedings of 8/6, 8/20, 8/22 and 8/23; Proof of Publication of
List of Claims and Summary of Revenues for month ending July 31, 2001, upon motion
received and filed.
Notice of Claims/Suits: Karen A. Healy in undetermined amount for personal injury; Elizabeth
Heiberger in estimated amount of $115.00 for property damage; Norma J. Winter Smith in
undetermined amount for property damage, Teamsters Local Union No. 421 v. City of
Dubuque, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel recommending settlement of the claim of Robert Reding in the amount of
$76.43 for vehicle damage; Corporation Counsel recommending denial of the claim of Karen
A. Saboe for vehicle damage; upon motion received and filed and concurred.
Whiskey River: Communication from Joseph J. Bitter, representing Chad Streff (d/b/a Whiskey
River), regarding the City's noise ordinance and City Manager response on the enforcement of
municipal infractions for noise/disturbance complaints, upon motion received and filed.
Consolidated Annual Performance and Evaluation Report (CAPER): City Manager
recommending approval of the Consolidated Annual Performance and Evaluation Report
(CAPER) for the period of July 1, 2000 through June 30, 2001 as required by the U.S.
Department of Housing and Urban Development (HUD) for the City's Community Development
Block Grant Program, upon motion received and filed. Buol moved adoption of Resolution
No. 398-01 Authorizing the submission of a Consolidated Annual Performance and Evaluation
Report (CAPER) for the period commencing July 1, 2000 and concluding June 30, 2001.
Seconded by Markham. Motion carried 7-0.
Grand Opera House - Downtown Rehab Loan: City Manager recommending approval of a
request from the Grand Opera House Foundation for a Downtown Rehabilitation Loan in the
amount of $73,000 to complete renovation of the front facade of the Grand Opera House, upon
motion received and filed. Buol moved adoption of Resolution No. 399-01 Authorizing a Letter
of Commitment and additional actions concerning a Downtown Rehabilitation Loan to the
Grand Opera House Foundation. Seconded by Markham. Motion carried 7-0.
Cottingham and Butler - CEBA Agreement Approval: City Manager recommending execution
of a CEBA Loan Agreement of $120,000 to support Cottingham and Butler's renovation project
of the Town Clock Building, upon motion received and filed. Buol moved adoption of
Resolution No. 400-01 Authorizing the execution of a Community Economic Betterment
Account Loan Agreement for One Hundred Twenty Thousand Dollars ($120,000) with
Cottingham and Butler Insurance Service, Inc. Seconded by Markham. Motion carried 7-0.
Assumption and Subordination of Mortgage Obligation - Bakey Property: City Manager
recommending approval of an Assumption Agreement and a Mortgage Subordination
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Agreement for the purchase of the Bakey property at 231 West 2nd Street, upon motion
received and filed. Buol moved adoption of Resolution No. 401-01 Authorizing an
Assumption Agreement and a Mortgage Subordination Agreement in regard to a mortgage
interest in the easterly 40 feet of Lot 85 in the City of Dubuque, Dubuque County, Iowa.
Seconded by Markham. Motion carried 7-0.
Preservation Services Grant Application for Design Guidelines: City Manager recommending
approval of an application to the State Historic Preservation Office for a $5,000 Preservation
Services Grant to develop, print, and distribute a historic design guidelines manual, upon
motion received and filed. Buol moved adoption of Resolution No. 402-01 Authorizing
application for a Preservation Services Grant. Seconded by Markham. Motion carried 7-0.
Certified Local Government Grant Contract for Historic Design Guidelines: City Manager
recommending approval of a contract with the State Historical Society of Iowa for a $10,000
grant for historic design review training, upon motion received and filed and approved
recommendation.
Train Depot - IDOT Agreement: City Manager recommending approval of a Supplemental
Agreement with the Iowa Department of Transportation (IDOT) for the Burlington Northern
Railroad Depot Restoration Project, upon motion received and filed.
2000 PC Paving Project - Acceptance: City Manager recommending acceptance of the 2000
PC Paving Project in the final contract amount of $1,039,554.82 and establishing the
preliminary schedule of final assessments, upon motion received and filed. Buol moved
adoption of Resolution No. 403-01 Accepting improvement; Resolution No. 404-01
Approving final contract amount of $1,039,554.82; Resolution No. 405-01 Adopting the final
assessment schedule for the 2000 P.C. Concrete Paving Project - No. 1 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 Markham. Motion carried 7-0.
Manson Road - Acceptance of Warranty Deeds: City Manager recommending acceptance of
warranty deeds for right-of-way purchases on Manson Road, upon motion received and filed.
Buol moved adoption of Resolution No. 406-01 Accepting a conveyance of property - a part of
Lot 1-1-1-1-1-1-1-1-1 of Mineral Lot 499 in the City of Dubuque, Iowa - on Manson Road to the
City of Dubuque; Resolution No. 407-01 Accepting a conveyance of property - a part of Lot
2-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa - on Manson Road to the City of
Dubuque; Resolution No. 408-01 Accepting a conveyance of property - a part of Lot 1-1-2-4
of Mineral Lot 501 in the City of Dubuque - on Manson Road to the City of Dubuque;
Resolution No. 409-01 Accepting a conveyance of property - a part of Lot 1-2-1-2-4 of Mineral
Lot 501 in the City of Dubuque, Iowa - on Manson Road to the City of Dubuque. Seconded
by Markham. Motion carried 7-0.
Fiscal Year 2001 Street Finance Report: City Manager recommending approval of the City of
Dubuque's Fiscal Year 2001 Street Finance Report and authorize the filing of the report with
the Iowa Department of Transportation, upon motion received and filed. Buol moved adoption
of Resolution No. 410-01 Approving the City of Dubuque Fiscal Year 2001 Street Finance
Report. Seconded by Markham. Motion carried 7-0.
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Civil Penalties - Tobacco Permit Holders: City Manager recommending that a hearing be set
for October 1, 2001 to assess civil penalties against five establishments for underage sale of
tobacco, upon motion received and filed and set hearing for 10/1/01 at a meeting to commence
at 6:30 P.M. in the public library auditorium.
Unit Based Pricing Program: City Manager providing information on planning and
implementation of the Unit Based Pricing Program for solid waste collection, upon motion
received and filed.
Water Pollution Control Plant Evaluation Inspection: Communication from the Iowa Department
of Natural Resources submitting the inspection report completed for the Water Pollution
Control Plant, upon motion received and filed.
Platinum Hospitality: Communication from Jim Rix, Platinum Holdings, LLC, requesting
permission to display fireworks on September 21, 2001 as part of their groundbreaking
ceremony, upon motion received and filed and approved request.
Dubuque County Land Use Development Plan: Communication from Jim Gonyier, East
Central Intergovernmental Association, regarding revision of the Dubuque County Land Use
Development Plan and inviting the City Council to attend a Community Workshop on Tuesday,
September 25, 2001, from 6:30 p.m. to 9:00 p.m. at the Carnegie Stout Library Auditorium,
upon motion received and filed.
Liquor License Refund: The Monday Co., d/b/a Casey's General Store, requesting a refund of
their Class C Beer Permit in the amount of $25.00, upon motion received and filed and
approved refund.
Business Licenses: Buol moved adoption of Resolution No. 411-01 Granting issuance of a
Class "B" Beer Permit (5 Day Special Event) to Dubuque Jaycees and Class "C" Beer Permit
to Wal-Mart Supercenter #2004, 5-Point Mart, Kwik Stop Food Mart, and Asbury Amoco
Foodshop and Resolution No. 412-01 Granting issuance of a Class "C" Beer/Liquor License to
Grand Tap, Angie's Bar, Attitudes Pub & Grill, One Flight Up, Main Street Caboose, and Loras
College Alumni Center; Special Class "C" Liquor License to Sugar Ray's Barbeque and Loras
College Campus Field House; and Class "B" Wine Permit to Wal-Mart Supercenter #2004.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Plumbing Board (Three unexpired terms). Applicant: Harlan Willenborg (Master Plumber).
Upon motion Harlan Willenborg appointed to the unexpired three year Master Plumber position
on the Plumbing Board which will expire 11/2/02.
Zoning Advisory Commission (One vacancy to expire 7/1/03). Applicants: Ferd Nesler and
Ben Roush. Upon vote, Ben Roush appointed to the unexpired term which will expire 7/1/03.
PUBLIC HEARINGS
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Upon motion the rules were suspended to allow anyone present to speak.
Kebbie Drive - Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located along the east and west sides of Kebbie Drive from R-1 Single-
Family Residential District to R-3 Moderate Density Multi-Family Residential District and
Zoning Advisory Commission recommending denial of the request, and an Ordinance
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located along the east and west sides of Kebbie
Drive from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family
Residential District, presented and read.
Roger Klauer, 381 Moore Heights, spoke in support of this proposed rezoning. Steve Krieg
spoke of concerns with larger structures and increased traffic. Neil Ransford, 1584 spoke of
concerns with increased traffic.
Upon final motion this matter was tabled and referred back to the Zoning Advisory
Commission.
Roger Klauer - Request to Rezone Along Kebbie Drive: Proof of publication on notice of
hearing to consider rezoning property located along the east and west sides of Kebbie Drive
from R-1 Single-Family Residential District and R-4 Multi-Family Residential District to C-3
General Commercial District and Zoning Advisory Commission recommending approval of the
request, upon motion received and filed. Roger Klauer spoke in support of this requested
rezoning. Steve Krieg spoke of concerns with traffic on Bies Dr. Ordinance No. 56-01
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located along the east and west sides of Kebbie
Drive from R-4 Multi-Family Residential District and R-1 Single-Family Residential District to C-
3 General Commercial District, with conditions, 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.
Mediacom Cable Franchise Extension: Proof of publication on notice of public hearing and
City Manager recommending that the City extend the Mediacom Cable Franchise lease to
June 30, 2002, upon motion received and filed. Ordinance No. 57-01 Extending the term of
the existing Cable Franchise Agreement and Hub Site Lease of MCCIowa, L.L.C. to June 30,
2002, 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.
Arbor Oaks Easement - Request to Vacate: Proof of publication on notice of public hearing
and City Manager recommending approval of a request to vacate a portion of Arbor Oaks,
upon motion received and filed. Markham moved adoption of Resolution No. 413-01
Disposing of interest and vacate 5 feet of a 10-foot wide utility easement over Lot 23 Block 9
Arbor Oaks in the City of Dubuque, Iowa, Dubuque County, Iowa. Seconded by Robbins.
Motion carried 7-0.
Lease with Iowa State Conservation Commission: Proof of publication on notice of public
hearing and City Manager recommending amending the lease for the E.B. Lyons Prairie-
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Woodland Preserve and Nature Interpretive Center with the Iowa State Conservation
Commission to include a section of the Rip Row Valley property, upon motion received and
filed. Robbins moved adoption of Resolution No. 414-01 Approving an amendment to the
lease agreement with the Iowa State Conservation Commission. Seconded by Nicholson.
Motion carried 7-0.
Iowa National Guard Training at Roosevelt Park: Proof of publication on notice of hearing and
City Manager recommending approval of a usage agreement with the Iowa National Guard
allowing them to do training at the former Roosevelt Park, upon motion received and filed.
Robbins moved adoption of Resolution No. 415-01 Approving a Usage Agreement with the
Iowa National Guard for the former Roosevelt Park, Seconded by Nicholson. Motion carried
7-0.
Local Law Enforcement Block Grant Award: Proof of publication on notice of public hearing
and City Manager recommending final acceptance of the 2001 Local Law Enforcement Block
Grant Award, upon motion received and filed and concurred with recommendation.
ACTION ITEMS
Standard Encroachment Policy: City Manager recommending approval of a standard
encroachment policy which would grant the City Manager authority to issue permits for
encroachments into the public right-of-way, upon motion received and filed. Ordinance No.
58-01 Amending the Code of Ordinances of the City of Dubuque, Iowa, by adopting a new
Section 5, including new Sections 41-160 through 41-169, Authorizing the City Manager to
Issue Permits for Right-of-Way Encroachments, 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.
Human Rights Commission - Utilization of HUD Funds: City Manager recommending that the
City apply for HUD Partnership Initiative funds in four different categories: (1) $11,000 for
testing; (2) $5,000 for novel and complex cases; (3) $5,000 for outreach and education; and
(4) $20,000 for enforcement projects, upon motion received and filed and approved
recommendation.
Rebuild Iowa Program: Communication from the Environmental Stewardship Advisory
Commission requesting City Council approval to prepare an application for submission to the
Iowa Department of Natural Resources for the "Rebuild Iowa" Program, upon motion received
and filed and approved recommendation.
Stormwater Management Plan: Communication from the Environmental Stewardship Advisory
Commission requesting that the Commission be involved in the discussions and planning for
the City's Storm Water Management Plan, upon motion received and filed the communication
and approved request.
COUNCIL MEMBER REPORTS
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Markham stated the City responded exceptionally well to last week's events, especially at the
Airport.
ITEMS TO BE SET FOR PUBLIC HEARING
1133 White Street - Request to Dispose: City Manager recommending that a public hearing
be set for October 1, 2001 to consider disposing of City-owned property at 1133 White Street
to Jack and Steven Stackis, upon motion received and filed. Michalski moved adoption of
Resolution No. 416-01 of Intention to dispose of City-owned property, specifically, South One-
Half (Sl/2) of the Middle One-Fifth (Ml/5) of Out Lot 479 in the City of Dubuque, County of
Dubuque, Iowa, according to the United States Commissioners Map; otherwise known as 1133
White Street and further that this be set for Public Hearing on 10/1/01 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 7-0.
2001 Harbor Maintenance Dredging Project: City Manager recommending initiation of the
bidding process for the 2001 Harbor Maintenance Dredging Project and setting a public
hearing for October 15, 2001, upon motion received and filed. Michalski moved adoption of
Resolution No. 417-01 Preliminary approval of plans and specifications; Resolution No. 418-
01 Fixing date of hearing on plans and specifications for 10/15/01 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; Resolution No. 419-01 Ordering bids. Seconded by Nicholson. Motion
carried 7-0.
Manson Road Bridge Project - Initiate: City Manager recommending initiation of the bidding
process for the construction of the Manson Road Bridge and setting a public hearing for
October 15, 2001, upon motion received and filed. Michalski moved adoption of Resolution
No. 420-01 Preliminary approval of plans and specifications; Resolution No. 421-01 Fixing
date of hearing on plans and specifications for 10/15/01 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 7-0.
Kebbie Drive - Request to Vacate: City Manager recommending that a public hearing be set
for October 1, 2001 to consider a request from Roger Klauer to vacate a portion of Kebbie
Drive, upon motion received and filed. Michalski moved adoption of Resolution No. 422-01
Of Intent to dispose of City interest in Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of
Block 3 C.J. Bies Subdivision, Dubuque, Iowa and setting this for public hearing at a meeting
on 10/1/01 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. Seconded by Nicholson. Motion carried 7-0.
Ordinance No. 59-01 Vacating a portion of Kebbie Drive south of Daniels Street, 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. Michalski moved adoption of
Resolution No. 423-01 Approving Plat of Survey of proposed vacated portion of Kebbie Drive
south of Daniels Street. Seconded by Nicholson. Motion carried 7-0.
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There being no further business, upon motion meeting adjourned at 8:11 P.M.
/s/Jeanne F. Schneider
City Clerk
It 9/27
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