Minutes - Council 9 4 01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Tuesday, September 4, 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 Father Tom Rhomberg.
PROCLAMATIONS: Awareness Day for A-T (September 8, 2001) received by Joel Harvey
and family; Alzheimer’s Association Memory Walk Awareness Day (September 15, 2001)
received by Sr. Michelle Nemmers.
CONSENT ITEMS
:
Minutes SubmittedCity Council Proceedings of 8/20, 8/22, and 8/23, Electrical Code Board of
8/14; Five Flags Commission of 8/21; Housing Code Appeals Board of 5/15 (Corrected); Library
Board of 4/25; Park and Recreation Commission of 8/14; Zoning Board of Adjustment of 7/26;
upon motion received and filed.
Minutes of the August 6, 2001 City Council Special Meeting on the opening of Main Street
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from 5 to 9 Streets; upon motion received and filed.
Notice of Claims/Suits:
Sharon Armbruster in estimated amount of $245.00 for personal injury; Gene Chapman in
estimated amount of $17.00 for property damage; Karen A. Saboe in estimated amount of
$62.90 for property damage; Servicemaster in estimated amount of $102.35 for vehicle
damage; upon motion received and filed and referred to the Legal Staff for investigation and
report.
Crompton Corporation and The Aspermont Company Original Notice of Appeal of
Appraisement Award and Resistance to Motion to Dismiss; Agri Industries a/k/a American Grain
and Related Industries – Resistance to Motion to Dismiss by Defendant City of Dubuque; upon
motion received and filed and 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: Sharon Armbruster for
personal injury; upon motion received and filed and concurred with referral.
Corporation Counsel advising that the personal injury claim of Joan Schlueter and the vehicle
damage claim of Tracy Burns have been administratively closed; upon motion received and
filed.
Corporation Counsel recommending that the claim of David Fisch for property damage be
denied; upon motion received and filed and concurred with recommendation.
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Corporation Counsel recommending settlement of the claims of Jayne Banfield (for
Servicemaster) in the amount of $102.35 for vehicle damage, Lisa Greenwood in the amount of
$316.22 for vehicle damage, and John Sullivan in the amount of $232.94, and that the Finance
Director be directed to issue payment; upon motion received and filed and concurred with
recommendation and Finance Director to issue check.
Citizen Communications:
Communication of Eric and Bonita Timmerman requesting to purchase City-owned property
known as Lot 130 in Lenox Subdivision; upon motion received and filed and referred to the City
Manager.
Petition requesting repaving of the alley off the east side of Wilson Avenue; upon motion
received and filed and referred to the City Manager.
Supervisory Control and Data Acquisition System Project – Acceptance: City Manager
recommending acceptance of the Supervisory Control and Data Acquisition System in the final
contract amount of $232,999, upon motion received and filed. Michalski moved adoption of
Resolution No. 378-01 Accepting improvement; and Resolution No. 379-01 Approving final
contract amount of $232,999. Seconded by Robbins. Motion carried 7-0.
Eagle Point Water Plant Chlorine Feed Room Expansion Project – Acceptance: City Manager
recommending acceptance of the Eagle Point Water Plant Chlorine Feed Room Expansion
Project in the final contract amount of $135,283, upon motion received and filed. Michalski
moved adoption of Resolution No. 380-01 Accepting improvement; and Resolution No. 381-01
Approving final contract amount of $135,283. Seconded by Robbins. Motion carried 7-0.
Pennsylvania Pump Station Project – Acceptance: City Manager recommending acceptance
of the Pennsylvania Pump Station Project in the final contract amount of $328,796.11, upon
motion received and filed. Michalski moved adoption of Resolution No. 382-01 Accepting
improvement; and Resolution No. 383-01 Approving final contract amount of $328,796.11.
Seconded by Robbins. Motion carried 7-0.
Pine Knoll – Acceptance: City Manager recommending acceptance of the public sanitary
sewer improvements in Pine Knoll Subdivision – Phase I as completed by Kane Development
Corp., upon motion received and filed. Michalski moved adoption of Resolution No. 384-01
Accepting sanitary sewer improvements in Pine Knoll – Phase I. Seconded by Robbins.
Motion carried 7-0.
U.S. Army Corps of Engineers: City Manager recommending approval of an agreement with
the U.S. Army Corps of Engineers for repair of the City of Dubuque floodwall, upon motion
received and filed. Michalski moved adoption of Resolution No. 385-01 Approving an
agreement with the U.S. Army Corps of Engineers for repair of the City of Dubuque floodwall.
Seconded by Robbins. Motion carried 7-0.
966 Liberty Street: City Manager recommending the acceptance of a deed to real property
located at 966 Liberty Street from the United States of America, upon motion received and filed.
Michalski moved adoption of Resolution No. 386-01 Accepting the deed to certain real estate in
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Dubuque County, Iowa from the United States of America. Seconded by Robbins. Motion
carried 7-0.
Four Mounds Estate: Historic Preservation Commission recommending that the Four Mounds
Estates Historic District located at 4900 Peru Road be nominated to the National Register of
Historic Places, upon motion received and filed and approved nomination.
Town Clock Building: Historic Preservation Commission recommending that the Town Clock
Building located at 823/825 Main Street be nominated to the National Register of Historic
Places, upon motion received and filed and approved nomination.
Young Men’s Christian Association (Iowa Inn) Building: Historic Preservation Commission
recommending that the former YMCA/Iowa Inn Building located at 125 West Ninth Street be
nominated to the National Register of Historic Places, upon motion received and filed and
approved nomination.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Four Mounds Estate Historic District at 4900 Peru Road, the Town Clock
Building located at 823 – 825 Main Street and the Dubuque Young Men’s Christian Association
Building located at 125 West Ninth Street will be considered by the State National Register
Nominations Review Committee for nomination to the National Register of Historic Places on
October 12, 2001, upon motion received and filed.
Demolition Permit – 125 West Ninth Street: Historic Preservation Commission recommending
approval of the request of MetroPlains/MDI Development for a demolition permit at 125 West
Ninth Street, upon motion received and filed and approved.
Iowa Department of Economic Development – City Development Board: Communication from
the City Development Board advising that the City of Asbury has petitioned for a voluntary
annexation within the urbandized area of the City of Dubuque, upon motion received and filed;
Communication from the City Development Board advising that the City of Dubuque has
petitioned for a voluntary annexation within the urbandized area of the City of Asbury, upon
motion received and filed.
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation in the matter of the condemnation of certain rights in land by the IDOT for the
improvement of Primary Road No. U.S. 20 in and south of the City of Dubuque located in
Dubuque County, Iowa, upon motion received and filed.
Great Lakes Aviation, Ltd: Communication from the United States Department of
Transportation allowing suspension of service by Great Lakes Aviation, Ltd between Dubuque
and Chicago O’Hare as of August 25, 2001, upon motion received an filed.
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Commission on Accreditation for Law Enforcement Agencies: Communication from the
Commission on Accreditation for Law Enforcement Agencies advising that the Dubuque Police
Department has been awarded reaccreditation status, upon motion received and filed.
Local Housing Assistance Program: Communication from the Iowa Department of Economic
Development advising that the City’s Local Housing Assistance Program has achieved
substantial compliance with financial and program requirements, upon motion received and
filed.
Zoning Advisory Commission Vacancy: Communication from the Zoning Advisory
Commission advising that Commission Member Bob Nagle no longer lives in the City of
Dubuque and requesting that this position be declared vacant, upon motion received and filed
and position declared vacant.
Housing Trust Fund Awards: City Manager recommending approval of Housing Trust Fund
Awards to Maria House ($5,130); Scott and Dawn Potter for the Davis Place SRO facility
($31,884); and the Dubuque Food Pantry ($7,666), upon motion received and filed and
approved.
Worker’s Compensation Claim: Communication from City Solicitor Bill Blum requesting
approval of a proposed settlement for a Workers’ Compensation claim, upon motion received
and filed and approved.
Business Licenses: Michalski moved adoption of Resolution No. 387-01 Granting issuance of
a Class “C” Beer/Liquor License to Happy’s Place and Lucky 13 Tap; and Special Class “C”
Liquor License to Colts Community Center. Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions: Plumbing Board (Three unexpired terms –
Master Plumber to expire 11/2/02) – Applicant: Harlan Willenborg. Zoning Advisory
Commission (One vacancy to expire 7/1/03) – Applicants: Ferd Nesler and Ben Rousch. Mr.
Rousch spoke requesting consideration for appointment.
Appointments to the following Boards/Commissions: Airport Commission (Two four-year terms
to expire 9/14/05) Applicants: Doug Brotherton, Jim O’Neill and Dale Hirsch. Upon vote,
Doug Brotherton and Jim O’Neill reappointed to the four year terms to expire 9/14/05.
Cable Teleprogramming Commission (One three-year term to expire 6/30/04) Applicant: Paul
R. Kohl. Upon motion, Mr. Kohl reappointed to the three year term to expire 6/30/04.
ACTION ITEMS
Seippel Road – Speed Limits: City Manager recommending that the speed limit on Seippel
Road from Old Highway Road to U.S. Highway 20 be raised from 35 miles per hour to 45 miles
per hour, upon motion received and filed. Ordinance No. 55-01 Amending the Code of
Ordinances of the City of Dubuque, Iowa, by revising Subsection (C) of Section 32-231 thereof
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providing for the establishment of speed limits on Seippel Road, 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.
Project Manager – Port of Dubuque: City Manager recommending approval of a Request for
Proposals for a Project Manager for the Port of Dubuque project, upon motion received and
filed and approved recommendation.
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Request to Vacate a Portion of 12 Street: City Manager recommending preliminary approval
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of a request from Greg and Peggy Stover to vacate a 12-foot wide portion of 12 Street right-of-
way immediately west of Bluff Street, upon motion received and filed and approved
recommendation.
Ice Harbor Hotel (Platinum Hospitality) Request for Building Permit: (Mayor Duggan turned
the meeting over to Mayor Pro-Tem Robbins) City Manager recommending approval of
Platinum Hospitality’s request for a building permit to construct a 192 room, seven-story hotel
with attached indoor Water Park on the Fourth Street Peninsula; upon motion received and
filed and approved recommendation.
Mayor Duggan returned to the table and took over control of the meeting.
National League of Cities: Communication from Donald J. Borut, Executive Director of the
National League of Cities, requesting that the City designate Voting and Alternate Voting
Delegates for the Annual Congress of Cities, upon motion received and filed. Nicholson moved
that Markham be the Voting Delegate and Cline the Alternate Voting Delegate. Seconded by
Michalski. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski commended City Staff for their work on the Labor Day Parade. Cline requested
information on what repairs were necessary on the Town Clock.
ITEMS TO BE SET FOR PUBLIC HEARING
Mediacom Cable Franchise Extension: City Manager recommending that a public hearing be
set for September 17, 2001 to consider extending Mediacom Cable Franchise lease to June 30,
2002, upon motion received and filed. Michalski moved adoption of Resolution No. 388-01
Advising of the City’s intent to grant a short-term extension of an existing cable services
franchise and an existing hub site lease to MCCIowa L.L.C. and further set this matter for
Public Hearing on 9/17/01 at a meeting to commence at 6:30 p.m. in the Library Auditorium and
direct the City Clerk to publish notice in the manner prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
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Arbor Oaks Easement – Request to Vacate: City Manager recommending that a public
hearing be set for September 17, 2001 to consider a request to vacate a portion of Arbor Oaks,
upon motion received and filed. Michalski moved adoption of Resolution 389-01 of Intent to
dispose of interest and vacate utility easement over Lot 23 Block 9 Arbor Oaks in the City of
Dubuque, Iowa, Dubuque County, Iowa and further set this matter for Public Hearing on 9/17/01
at a meeting to commence at 6:30 p.m. in the Library Auditorium and direct the City Clerk to
publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0.
Lease with Iowa State Conservation Commission: City Manager recommending that a public
hearing be set for September 17, 2001 to consider amending the lease for the E.B. Lyons
Prairie-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. Michalski moved adoption of Resolution No. 390-01 Declaring City Council intent to
amend the Lease Agreement with the Iowa State Conservation Commission for the E.B. Lyons
Prairie-Woodland Preserve and Nature Interpretive Center and further set this matter for Public
Hearing on 9/17/01 at a meeting to commence at 6:30 p.m. in the Library Auditorium and direct
the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
Iowa National Guard Training at Roosevelt Park: City Manager recommending that a public
hearing be set for September 17, 2001 to consider a usage agreement with the Iowa National
Guard allowing them to do training at the former Roosevelt Park, upon motion received and
filed. Michalski moved adoption of Resolution No. 391-01 Declaring City Council intent to enter
into an agreement with the Iowa National Guard for a section of the former Roosevelt Park and
authorizing a public hearing and further set this matter for Public Hearing on 9/17/01 at a
meeting to commence at 6:30 p.m. in the Library Auditorium and direct the City Clerk to publish
notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0.
Local Law Enforcement Block Grant Award: City Manager recommending that a public
hearing be set for September 17, 2001 to consider final acceptance of the 2001 Local Law
Enforcement Block Grant Award, upon motion received and filed. Michalski moved to set this
matter for Public Hearing on 9/17/01 at a meeting to commence at 6:30 p.m. in the Library
Auditorium and directed the City Clerk to publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Comiskey Park Building – Initiate: City Manager recommending initiation of the bidding
process for the Comiskey Park Building Project and that a public hearing be held October 15,
2001, upon motion received and filed. Michalski moved adoption of Resolution No. 392-01
Preliminary approval of plans and specifications; Resolution No. 393-01 Fixing date of hearing
on plans and specifications for October 15, 2001 in the Public Library Auditorium and direct the
City Clerk to publish notice in the manner prescribed by law; and Resolution No. 394-01
Ordering bids. Seconded by Nicholson. Motion carried 7-0.
Fishing Jetty at Bergfeld Recreation Area: City Manager recommending initiation of the
bidding process for the Fishing Jetty at Bergfeld Recreation Area and that a public hearing be
held October 1, 2001, upon motion received and filed. Michalski moved adoption of Resolution
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No. 392-01 Preliminary approval of plans and specifications; Resolution No. 393-01 Fixing date
of hearing on plans and specifications for October 1, 2001 in the Public Library Auditorium and
direct the City Clerk to publish notice in the manner prescribed by law; and Resolution No. 394-
01 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 7:22 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 9/12
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