10-01-01 Minutes - this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 1, 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 City Council.
Invocation was given by Reverend Terry Simm, Pastor, First Presbyterian Church.
PROCLAMATIONS: Domestic Violence Awareness Month (October) received by Lisa
McCarthy; Crop Walk Day in Dubuque (October 7, 2001); Trick or Treat Night (October 31,
2001).
CONSENT ITEMS
Minutes Submitted: Airport Commission of 10/13; City Council of 9/4 and 9/17; Community
Development Advisory Commission of 9/20; Five Flags Commission of 9/17; Housing Code
Appeal Board of 8/21 and 9/18; Human Rights of 8/13; Library Board of 7/26; Long Range
Planning Advisory Commission of 8/15; Mechanical Board of 9/12, upon motion received and
filed.
Printed Council Proceedings for July, 2001, upon motion approved as printed.
Proof of Publication of City Council Proceedings of 8/28, upon motion received and filed.
Finance Director submitting the Financial Reports for the month ending August 31, 2001,
upon motion received and filed.
Notice of Claims/Suits: Mark Heacock in estimated amount of $129.96 for property damage;
Bev Hodgson in undetermined amount for vehicle damage; Morse Electric, Inc., in amount of
$18,900 for labor and materials used for renovation of the Bunker Hill Clubhouse, upon motion
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: Karen A. Healy for
personal injury, upon motion received and filed and concurred.
Citizen Communications: Communication of James R. Myers regarding the electrical system
at Miller-Riverview Park, upon motion received and filed and referred to the City Manager.
Request of Frank J. Fincel that a portion of his property which was involuntarily annexed to
the City of Dubuque in 1979 be detached from the City, upon motion received and filed and
referred to the City Manager.
Wilbricht Lane Storm Sewer - Acceptance: City Manager recommending acceptance of the
Wilbricht Lane Storm Sewer Reconstruction Project in the final contract amount of $21,489.80,
upon motion received and filed. Michalski moved adoption of Resolution No. 424-01 Accepting
improvement and Resolution No. 425-01 Approving final contract amount of $21,489.80.
Seconded by Nicholson. Motion carried 7-0.
Manson Road - Acceptance of Warranty Deeds: City Manager recommending acceptance of
a warranty deed for a right-of-way purchase on Manson Road, upon motion received and filed.
Michalski moved adoption of Resolution No. 426-01 Accepting a conveyance of property - a
part of Lot 2-1-1-1-1-1-2-1-4 of Mineral Lot 501 in the City of Dubuque, Iowa - on Manson
Road to the City of Dubuque. Seconded by Nicholson. Motion carried 7-0.
Tanzanite Drive - Acceptance of Deeds: City Manager recommending acceptance of
warranty deeds for a right-of-way purchase on Tanzanite Drive, upon motion received and filed.
Michalski moved adoption of Resolution No. 427-01 Accepting a conveyance of property (Lot A
of Lot 1 of Lot 2 of Lot 27, Section 2, T89N, R2D, 5th P.M., Dubuque County, Iowa) to the City of
Dubuque for Tanzanite Drive Extension and Resolution No. 428-01 Accepting a conveyance of
property (Lot A of Lot 2 of Lot 2 of Lot 27, Section 2, T89N, R2E, 5th P.M., Dubuque County,
Iowa) to the City of Dubuque for Tanzanite Drive Extension. Seconded by Nicholson. Motion
carried 7-0.
Woodward Place - Plat of Survey: City Manager recommending approval of the plat of survey
of Woodward Place to expand an off-street parking lot for use by Woodward Communication,
Inc. employees and the Dubuque Museum of Art at the northeast corner of Bluff Street and 7th
Street, upon motion received and filed. Michalski moved adoption of Resolution No. 429-01
Approving the plat of survey of Woodward Place in the City of Dubuque, Iowa. Seconded by
Nicholson. Motion carried 7-0.
America's River Project - Boating Infrastructure Grant: City Manager recommending
approval of a grant application to the Iowa Department of Natural Resources (IDNR) for Federal
Boating Infrastructure Funds for dredging and construction of transient boat docks in the Ice
Harbor and construction of a riverfront boat pier as part of the America's River project, upon
motion received and filed. Michalski moved adoption of Resolution No. 430-01 Authorizing a
grant application to the Iowa Department of Natural Resources for Federal Boating
Infrastructure Funds for the America's River Project. Seconded by Nicholson. Motion carried
7-0.
Heritage Trail Extension - Grant Application: City Manager recommending approval of a
grant application to the Iowa Department of Transportation (IDOT) for Statewide Transportation
Enhancement Funds for the extension of Heritage Trail from Heron Pond to the Dubuque
Jaycees Trail, upon motion received and filed. Michalski moved adoption of Resolution No.
431-01 Authorizing a grant application for Iowa Department of Transportation Statewide
Transportation Enhancement Funds for the extension of Heritage Trail from the Heron Pond
Wetlands Nature Trail to the Dubuque Jaycees Trail. Seconded by Nicholson. Motion carried
7-0.
Riprow Valley Project - Federal Recreational Trail Grant: City Manager recommending
approval of the submission of a grant application to the Iowa Department of Transportation for
Federal Recreational Trail Funds for the acquisition of land for a trailhead for the Heritage Trail
Extension in the Riprow Valley Recreation Area, upon motion received and filed. Michalski
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moved adoption of Resolution No. 432-01 Authorizing a grant application for Iowa Department
of Transportation Federal Recreational Trails Funds for acquisition of property in the Riprow
Valley. Seconded by Nicholson. Motion carried 7-0.
Phase I Highway 20 Landscaping Project - Acceptance: City Manager recommending
acceptance of the Phase I Highway 20 Landscaping Project in the final contract amount of
$445,959.67, upon motion received and filed. Michalski moved adoption of Resolution No.
433-01 Accepting improvement and Resolution No. 434-01 Approving final contract amount of
$445,959.67. Seconded by Nicholson. Motion carried 7-0.
Dubuque Industrial Center West Landscaping Project - Acceptance: City Manager
recommending acceptance of the Dubuque Industrial Center West Landscaping Project in the
final contract amount of $105,605, upon motion received and filed. Michalski moved adoption
of Resolution No. 435-01 Accepting improvement and Resolution No. 436-01 Approving final
contract amount of $105,605. Seconded by Nicholson. Motion carried 7-0.
Sale of Land Along Rhomberg Avenue: City Manager recommending approval of the proposal
to sell City-owned property in the 2700 block of Rhomberg Avenue to the adjoining property
owners, upon motion received and filed and approved recommendation.
Depot Restoration Project: City Manager recommending that the City support the Dubuque
County Historical Society's grant application to the State Historical Society of Iowa for the depot
restoration project, upon motion received and filed and approved recommendation.
Human Rights Commission - Application for HUD Contract Funds: City Manager
recommending approval of the Human Rights Commission application to the U.S. Department
of Housing and Urban Development (HUD) for contract funds for various proposed projects,
upon motion received and filed and approved recommendation.
United Rentals Site - Restrictive Covenant: Corporation Counsel recommending execution
of a Declaration of Restrictive Covenants on behalf of the City for the United Rentals property
located at 301 Iowa Street, upon motion received and filed and approved recommendation.
Manson Road Bridge Reconstruction Project: Corporation Counsel recommending that the
City issue a check to the Dubuque County Sheriff in the amount of $4,650 to complete the
acquisition of property for the Manson Road Bridge Reconstruction Project, upon motion
received and filed and approved recommendation.
Supplement No. 51 to the Code of Ordinances: City Manager recommending adoption of
Supplement No. 51 to the City of Dubuque Code of Ordinances, upon motion received and
filed.
Michalski moved adoption of Resolution No. 437-01 Adopting Supplement No. 51 to the Code
of Ordinances of the City of Dubuque. Seconded by Nicholson. Motion carried 7-0.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the City has received a Certified Local Government (CLG) grant in the amount of
$10,000 to fund the City's Design Review Training Program, upon motion received and filed.
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Grand Opera House Accessible Restroom Project: City Manager recommending authorization
of the publication of combined notice of no significant impact on the environment and notice of
intent to request release of funds for the Grand Opera House Accessible Restroom project,
upon motion received and filed. Michalski moved adoption of Resolution No. 438-01
Authorizing publication of the Combined Notice of No Significant Impact on the Environment
and Notice of Intent to Request Release of Funds for the Grand Opera House Accessible
Restroom project. Seconded by Nicholson. Motion carried 7-0.
Physical Infrastructure Assistance Program: City Manager recommending execution of a
Physical Infrastructure Assistance Program (PIAP) loan agreement to support the City's Kerper
Boulevard Industrial Park Project, upon motion received and filed. Michalski moved adoption
of Resolution No. 439-01 Authorizing execution of a Physical Infrastructure Assistance Program
(PIAP) loan agreement for One Million One Hundred Eighty-Four Thousand Dollars
($1,184,000) with the Iowa Department of Economic Development. Seconded by Nicholson.
Motion carried 7-0.
FTA Recognition: City Manager advising that Transit Manager Mark Munson and Keyline staff
received a Certificate of Appreciation from the Region VII Federal Transit Administration in
recognition for innovative approaches to addressing public transportation services in Dubuque
and East Dubuque, upon motion received and filed.
Liquor License Transfer: Transfer of The Busted Lift liquor license to Louis Murphy Park for a
special event on October 13, 2001, upon motion received and filed and approved request.
Business Licenses: Michalski moved adoption of Resolution No. 440-01 Granting issuance of
a Class "B" Beer Permit to Happy Joes Ice Cream/Pizza; and Class "C" Beer Permit to Ron's
Discount Smokes & Beverage and Eagle Food Center #018, #130 and #320 and Resolution
No. 441-01 Granting issuance of a Class "C" Beer/Liquor License to Fat Tuesday and Knickers
Saloon (1 Day Outdoor Sales); and Class "B" Wine Permit to Oky Doky #2, Eagle Food Center
#018, #130, and #320. Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions:
Environmental Stewardship Advisory Commission (Two 3-year terms to expire 10/1/04)
Applicants: Michael J. Buelow, John S. Bennett, John Nemmers.
Mechanical Code Board (Five Vacancies): Applicant: Todd Geisler (Pipefitter).
Plumbing Board (Two Vacancies): Applicant: Dan Harris (At-Large). Mr. Harris spoke
requesting consideration for appointment.
After discussion about the possibility of non-residents being considered for appointment to
City Boards and Commissions, upon motion it was resolved that the City Manager and staff
look into the requirements for appointments to technical advisory boards.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak
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Due to possible conflict of interest, Mayor Duggan turned control of the meeting to Mayor Pro-
Tem Robbins.
Plastic Center, Inc. - Conceptual Development Plan: Proof of publication on notice of hearing
and 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, presented
and read.
Correspondence from the Fischer Companies regarding the rezoning request for property
located at the southeast corner of the Northwest Arterial and Asbury Road, presented and read.
Attorney Brian Kane, 2100 Asbury Rd., for The Plastic Center and Fischer Co., spoke and
requested that action on this matter be tabled until November 19, 2001.
An ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at the southeast corner of
Highway 32 (Northwest Arterial) and Asbury Road from AG Agricultural District to PUD
Planned Unit Development District with PC Planned Commercial District, PO Planned Office
and PR Planned Residential District Designations, and adopting a Conceptual Development
Plan, with conditions, for Plastic Center, Inc., presented and read. Markham to receive and file
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. No vote taken on this motion. Nicholson then moved to receive and file the proof
and correspondence and to table the Public Hearing for continuance to the Council Meeting of
11/19/01. Seconded by Cline. Motion carried 6-0.
Mayor Duggan returned and took control of the meeting.
1133 White Street - Sale of Real Property: Proof of publication on notice of public hearing
and City Manager recommending the sale of City-owned property at 1133 White Street to Jack
and Stephen Stackis for the amount of $5,165, upon motion received and filed. Steve Stackis,
of Sprucewood Dr., spoke in support of the proposed sale. Markham moved adoption of
Resolution No. 442-01 Approving the disposal of City-owned property, specifically, South One-
Half (Sl/2) of the Middle One-Fifth (M1/5) 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. Seconded by Buol. Motion carried 7-0.
Kebbie Drive - Request to Vacate: Proof of publication on notice of public hearing and City
Manager recommending to dispose of City-owned property to Roger Klauer and a Resolution
Disposing 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, presented and read. Upon motion it was resolved to table
the public hearing and refer the matter to the Engineering Division for review.
Bergfeld Recreation Area Jetty and Access Trail Project: Proof of publication on notice of
public hearing and receipt of bids and City Manager recommending award of the contract for
the Bergfeld Recreation Area Jetty and Access Trail Project to Portzen Construction, Inc., in the
amount of $62,304.56, upon motion received and filed. Robbins moved adoption of Resolution
No. 443-01 Adopting plans and specifications and Resolution No. 444-01 Awarding contract to
Portzen Construction, Inc. Seconded by Nicholson. Motion carried 7-0.
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Upon motion it was resolved to reinstate the rule limiting discussion to Council.
ACTION ITEMS
Penalties for Tobacco Permit Holders: Consideration of assessing civil penalties to five
businesses for underage tobacco sales, upon motion received and filed and approved penalty
assessments.
Roger F. Klauer - Request for Clarification: Communication of Roger F. Klauer requesting
clarification of the Memorandum of Agreement of C-3 zoned property in C.J. Bies Subdivision,
and communication from the Zoning Advisory Commission regarding the condition of limited
access to Century Drive from the commercial property and offering to review the issue at their
next meeting, upon motion resolved to consider this matter as part of Public Hearing in
progress and to refer the matter to the Engineering Division for review.
Animal Control Ordinance: City Manager recommending approval of changes to the Animal
Control Ordinance relative to vicious dogs and other minor updates to the Ordinance, upon
motion received and filed. Ordinance No. 60-01 Amending Chapter 7 Animals and Fowl, Article
II, Dogs and Cats, by amending Sec. 7-16 Definitions, Sec. 7-18 Nuisance, Sec. 7-19 Female
Dogs in Season, Sec. 7-23 Redemption, Sec. 7-24 Disposition of Unredeemed Dogs or Cats,
Sec. 7-25 Running at Large; by adopting a new Sec. 7-26 Directing Dog With Malicious Intent;
by adopting a new Se. 7-27 Use of Dog in Illegal Activity; by adopting a new Sec. 7-28.10
Keeping Unlicensed Dog or Cat Prohibited; by amending Sec. 7-32 Application for License,
Sec. 7-33 Dogs-License Fee, 7-35 Cats-License Fee; and by adopting a new article IV
Potentially Vicious Dogs, Defining Potentially Vicious Dog, Providing a Procedure for
Declaration of Potentially Vicious Dog and the Disposition of Potentially Vicious Dog, 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.
Special Events Project - Ordinance Changes: City Manager recommending approval of a
Special Events Project format and several related changes to the Code of Ordinances, upon
motion received and filed. Ordinance No. 61-01 Repealing City of Dubuque Code of
Ordinances Section 6-96, Police Officers Employed at Dance Halls; repealing Section 6-98
relating to Police Supervision at Public Dances; and amending Section 6-99 relating to
Conditions at Dance Halls; Ordinance No. 62-01 Requiring a permit for certain events on
private property and providing for the application and standards for the issuance of such a
permit; Ordinance No. 63-01 Amending City of Dubuque Code of Ordinances Section 33-46
Prohibited Noises, by adding a new Paragraph 13, Prohibiting Outdoor Music or Amplified
Noise at Certain Times, presented and read. Markham moved that the requirement that the
proposed Ordinances be considered and voted on for passage at two Council Meetings prior to
the meeting at which they are to be finally passed be suspended and further moved final
consideration and passage of the Ordinances. Seconded by Buol. Motion carried 7-0.
Highway 20 Moratorium Appeal Process: City Manager recommending approval of an appeal
process for the issuance of building permits within the Highway 20 Moratorium area, upon
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motion received and filed. Ordinance No. 64-01 Amending Section 11-58.1 of the City of
Dubuque Code of Ordinances Establishing Highway 20 Corridor/Bridge Study Moratorium by
providing for an appeal to the City Council, 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.
Highway 20 Moratorium - MidAmerican Energy Appeal: City Manager recommending that
the Building Services Manager be directed to issue a building permit to MidAmerican Energy to
construct a temporary building along Highway 20 for the purpose of remediating underground
contamination, upon motion received and filed and approved. Bob Buschbom of MidAmerican
Energy spoke stating that the building would be up for about five years.
Fiscal Year 2002 Annual Action Plan Amendment: City Manager recommending approval of
an amended and restated Fiscal Year 2002 Annual Action Plan for the Community
Development Block Grant (CDBG) Program, upon motion received and filed. Robbins moved
adoption of Resolution No. 445-01 Approving an amended and restated Fiscal Year 2002
(Program Year 2001) Annual Action Plan for Community Development Block Grant funds.
Seconded by Nicholson. Motion carried 7-0.
Design for Expansion of Law Enforcement Center: Communication from the Historic
Preservation Commission regarding the design for the expansion of the Law Enforcement
Center, upon motion received and filed and further moved that the letter from the Historic
Preservation Commission be forwarded to the Dubuque County Board of Supervisors with the
statement that the City Council agrees with their concerns.
Louise Lane Bridge - Weight Limits: City Manager recommending approval of weight limit
changes for the Louise Lane Bridge, upon motion received and filed. Ordinance No. 65-01
Amending Section 32-185(a) of the City of Dubuque Code of Ordinances prohibiting heavy
vehicles on certain bridges by modifying the weight limit on Louise Lane, 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.
COUNCIL MEMBER REPORTS
Michalski praised the Fire Dept. for their great work at the recent fire on lower Main St.
Duggan shared the news from Governor Vilsack that the National Guard will help with security
at the Dubuque Regional Airport. Markham stated that they are reviewing applications for the
position of Airport Manager and hopefully will finalize the process by the end of November.
ITEMS TO BE SET FOR PUBLIC HEARING
Fiscal Year 2002 Budget Amendment: City Manager recommending that a public hearing be
set for October 15, 2001, to consider an amendment to the Fiscal Year 2002 budget, upon
motion received and filed. Michalski moved adoption of Resolution No. 446-01 Directing the
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City Clerk to publish proposed amendment to the Fiscal Year 2002 budget and date of public
hearing and set the Public Hearing 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.
The Finley Hospital - Request to Vacate: City Manager recommending that a public hearing be
set for October 15, 2001 to consider a request from The Finley Hospital to vacate an alley west
of College Street and the southwest corner of West 5th Street and College Street, upon motion
received and filed. Michalski moved adoption of Resolution No. 447-01 Approving plat of
proposed vacated alley west of College Street and the southwest corner of West Fifth Street
and College Street. Seconded by Nicholson. Motion carried 7-0. Ordinance No. 66-01
Vacating the alley west of College Street and the southwest corner of West Fifth Street and
College 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. 448-01 of Intent to dispose of City interest in Lots 7A and 8A of
Finley Home Addition in the City of Dubuque and set this for Public Hearing on 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.
At 8:03 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 8:31 Council reconvened regular session stating that Staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:32 P.M.
It 10/10
/s/Jeanne F. Schneider
City Clerk
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