Minutes Council 10 15 01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 15, 2001
Council Met at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Nicholson,
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 Rev. Thomas Hannan, Director of the Dubuque Community Food
Pantry.
Proclamations: White Cane Safety Day (October 15, 2001) received by Shirley Conrad and
Robert Nesler; Radiologic Technology Week (November 4 - 10, 2001) received by Rosie
Hansen; and Red Ribbon Week received by Jesse Ernst of St. Patrick/St. Mary's School.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 9/24; Civil Service Commission of 9/7; City
Council Proceedings of 10/1 and 10/8; Historic Preservation Commission of 9/20; Housing
Code Appeals Board of 9/18; Human Rights Commission of 9/10 and 9/17; Long Range
Planning Advisory Commission - Downtown Planning Committee of 9/10; Zoning Board of
Adjustment of 9/27, upon motion received and filed.
Proof of publication of City Council Proceedings of 9/4 and 9/17; and List of Claims and
Summary of Revenues for month ending August 31, 2001, upon motion received and filed.
Substance Abuse Services Center Fiscal Year First Quarter Report, upon motion received
and filed.
Notice of Claims/Suits: Matt Bay in estimated amount of $100 for vehicle damage; David
Cavanaugh in estimated amount of $100 for vehicle damage; Karen Buelow in estimated
amount of $3,000 for personal injury; Dan Loney in estimated amount of $500 for property
damage; Karen Ludovissy in estimated amount of $365.99 for vehicle damage; William Miller in
estimated amount of $600 for personal injury; Vickie Mueller and Emily Mueller vs City of
Dubuque and Loras College; George L. Rieder in estimated amount of $1,937.88 for vehicle
damage, upon motion referred to the Legal Staff for investigation and report.
Notice of Appeal from Notice of Appraisement of Damages by Edward and Joan Tschiggfrie in
the matter of condemnation of rights in land by the Iowa Department of Transportation, 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: Karen Buelow for
personal injury; Dan Loney for property damage; William Miller for personal injury; George
Rieder for vehicle damage, upon motion received and filed and concurred.
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Corporation Counsel recommending that the claims of Elizabeth Heiberg for property damage
and Mark and Jamaica Heacock for property damage be denied, upon motion received and
filed and concurred.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Park Ranger, upon motion received and filed and resolved to make a matter of
record.
Design and Bid Preparation Services for Riverwalk: City Manager recommending approval
of a contract with URS-BRW to complete the design, pre-construction and construction review
services for the balance of the riverwalk and amenities project, upon motion received and filed
and approved contract.
Iowa Department of Natural Resources: Communication from the Iowa Department of
Natural Resources submitting the Industrial Pretreatment Compliance Inspection Report for the
City's Water Pollution Control Plant, upon motion received and filed.
Pinto Ridge - Final Plat: City Manager recommending approval of the final plat of Pinto
Ridge Subdivision, upon motion received and filed. Buol moved adoption of Resolution No.
450-01 Approving the final plat of Pinto Ridge Subdivision in the City of Dubuque, Iowa.
Seconded by Markham. Motion carried 7-0.
Riprow Valley - Land and Water Conservation Fund Grant Agreement: City Manager
recommending approval of a Land and Water Conservation Fund grant agreement with the
Iowa Department of Natural Resources for the Riprow Valley Recreation Area project, upon
motion received and filed and approved recommendation.
C.J. Bies Subdivision No. 2 - Final Plat: The Zoning Advisory Commission recommending
approval of the Final Plat of Lot A and Lots 1, 2, 3, 4, and 5 of C.J. Bies Subdivision No. 2,
along the east and west sides of Kebbie Drive, upon motion received and filed. Buol moved
adoption of Resolution No. 451-01 Approving the final plat of Lot A and Lots 1, 2, 3, 4, and 5 of
C.J. Bies Subdivision No. 2 in the City of Dubuque, Iowa. Seconded by Markham. Motion
carried 7-0.
Project Concern Minibus Purchase of Service Agreement for Fiscal Year 2001: City Manager
recommending approval of an amendment to the Project Concern Minibus Purchase of Service
Agreement for Fiscal Year 2001, upon motion received and filed and approved
recommendation.
Traffic Pre-Emption Vendor: City Manager recommending approval of 3-M Intelligent
Transportations Systems as the vendor for the City of Dubuque's traffic pre-emption system,
upon motion received and filed and approved recommendation.
Cornerstone Apartments - Right-of-Way Encroachment: City Manager recommending
approval of an Irrevocable License for the Cornerstone Apartments (former Iowa Inn) to allow
for two areas of encroachment into the public right-of-way, upon motion received and filed and
approved recommendation.
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Cooper Wagon Works - Right-of-Way Encroachment: City Manager recommending approval
of an Irrevocable License for the Cooper Wagon Works Building to allow an encroachment into
the public right-of-way to provide for handicap accessibility, upon motion received and filed and
approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 452-01 Granting the issuance of
two licenses to sell Cigarettes and Cigarette Papers within the City; Resolution No. 453-01
Granting issuance of a Class "C" Beer Permit to Puff n Snuff; Resolution No. 454-01 Granting
issuance of a Class "C" Beer/Liquor License to Rainbow Lounge, Europa Haus Restaurant,
Tollbridge, and Dog House Lounge. Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions: TV Cable Regulatory Commission (2
Vacancies). Applicant: Michael Pratt. Mr. Pratt spoke requesting consideration for
reappointment.
Appointments to 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. Upon vote, Michael J. Buelow and John S. Bennett reappointed to
three year terms which will expire 10/1/04.
Mechanical Code Board (Five Vacancies) Applicant: Todd Geisler (Pipefitter). Upon motion
Todd Geisler appointed to an unexpired three year term which will expire 3/16/03.
Plumbing Board (Two Vacancies) Applicant: Dan Harris (At-Large). Upon Motion Dan Harris
appointed to an unexpired three year term which will expire 11/2/03.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
2727 Dodge Street - Rezoning Request: Proof of publication on notice of hearing to consider
rezoning property located at 2727 Dodge Street from C-2 Neighborhood Shopping Center
District to C-3 General Commercial District at the request of Beverly Miller and Zoning Advisory
Commission recommending that the City Council deny 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 at 2727 Dodge Street from C-2
Neighborhood Shopping Center District to C-3 General Commercial District, presented and
read. Robbins moved that the documents be received and filed and concur with the denial.
Seconded by Nicholson. Motion carried 7-0.
Herrig Real Estate - John F. Kennedy Circle: Proof of publication on notice of hearing to
consider rezoning property located at the end of John F. Kennedy Circle from C-3 General
Commercial to CS Commercial Service and Wholesale District at the request of Herrig Real
Estate and Zoning Advisory Commission recommending approval of the request with
conditions, upon motion received and filed. Eldon Herrig spoke in favor of the proposed
rezoning. Ordinance No. 67-01 Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end
of John F. Kennedy Circle from C-3 General Commercial District to CS Commercial Service and
Wholesale District, with conditions, presented and read. Buol moved that the requirement that
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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.
390 Mississippi View - Rezoning Request: Proof of publication on notice of hearing to
consider rezoning property located at 390 Mississippi View from R-1 Single-Family Residential
District to R-2 Two-Family Residential District at the request of Mary Lee Marting and Zoning
Advisory Commission recommending approval of the request, upon motion received and filed.
Mary Lee Marting, 360 Mississippi View, spoke in favor of the proposed rezoning. Ordinance
No. 68-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 390 Mississippi View
from R-1 Single-Family Residential District to R-2 Two-Family Residential District, 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 Markham. Motion carried 7-0.
Fiscal Year 2002 Budget Amendment: Proof of publication on notice of hearing to consider
an amendment to the Fiscal Year 2002 budget and City Manager recommending approval,
upon motion received and filed. Markham moved adoption of Resolution No. 455-01
Amending the current budget for the fiscal year ending June 30, 2002. Seconded by
Nicholson. Motion carried 7-0.
The Finley Hospital - Request to Vacate: Proof of publication on notice of hearing 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 and City Manager recommending approval, upon
motion received and filed. Cline moved adoption of Resolution No. 456-01 Disposing of City
interest in Lots 7A and 8A of Finley Home Addition in the City of Dubuque. Seconded by
Nicholson. Motion carried 7-0.
Comiskey Park Building Construction: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids, and City Manager recommending
award of the contract to S & S Construction, upon motion received and filed. Michalski moved
adoption of Resolution No. 457-01 Adopting plans and specifications for the project and
Resolution No. 458-01 Awarding contract to S & S Construction. Seconded by Nicholson.
Motion carried 7-0.
2001 Harbor Maintenance Dredging 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 award of the contract to Newt Marine Service in the amount of $78,880, upon
motion received and filed. Robbins moved adoption of Resolution No. 459-01 Adopting plans
and specifications for the project and Resolution No. 460-01 Awarding contract to Newt Marine
Service. Seconded by Nicholson. Motion carried 7-0.
Manson Road Bridge Reconstruction 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 award of the contract to Taylor Construction Inc., in the amount of $785,074.83,
upon motion received and filed. Cline moved adoption of Resolution No. 461-01 Adopting
plans and specifications for the project and Resolution No. 462-01 Awarding contract to Taylor
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Construction Inc. Seconded by Nicholson.
emergency access during construction.
Motion carried 7-0.
Michalski questioned
Ruscilli Development Co., Ltd.: Proof of publication on notice of public hearing to consider
disposing of an interest in real property by sale and option to purchase to Ruscilli Development
Co., Ltd., and City Manager recommending approval of the sale and option to purchase to
Ruscilli Development Co., Ltd., upon motion received and filed. Cline moved adoption of
Resolution No. 463-01 Approving a Development Agreement providing for the sale and option
to purchase property in the Dubuque Industrial Center West in the City of Dubuque, Iowa, to
Ruscilli Development Co., Ltd. Seconded by Michalski. Motion carried 7-0.
Kebbie Drive - Roger Klauer: 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-2 Two-Family Residential District at the request of Roger Klauer and
Zoning Advisory Commission recommending approval of the request, upon motion received
and filed. Mr. Klauer spoke in favor of the requested rezoning. Ordinance No. 69-01 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located along Kebbie Drive from R-1 Single-Family Residential
to R-2 Two-Family Residential District, 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.
Kebbie Drive - Request to Vacate (Tabled at Meeting of October 1, 2001): Upon motion the
following was removed from the table: Proof of publication on notice of public hearing and City
Manager recommending to dispose of City-owned property to Roger Klauer and recommending
modification of the Memorandum of Agreement regarding limited access to Century Drive for
property rezoned to C-3, 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 received and filed. Nicholson moved that the proof and communications be received
and filed and Memorandum of Agreement approved. Seconded by Buol. Carried by the
following vote: Yeas--Buol, Duggan, Markham Michalski, Nicholson, Robbins. Nays--Cline.
Nicholson moved adoption of Resolution No. 464-01 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.
Carried by the following vote: Yeas--Buol, Duggan, Markham Michalski, Nicholson, Robbins.
Nays--Cline.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
The River's Edge Plaza: Dubuque Main Street, Ltd recognizing The River's Edge Plaza as
the Best Public Improvement Project for 2000 - 2001, upon motion received and filed.
N. J. Yiannias - Request to Address Council: Request of N. J. Yiannias requesting to address
the City Council regarding his request to vacate Congress Circle Street, upon motion received
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and filed. Mr. Yiannis spoke requesting a fair deal as to the sale price of the property.
Direction was given to work with Staff and complete the appraisal.
COUNCIL MEMBER REPORTS
Duggan invited concerned community citizens to a meeting hosted by 365 Dubuque on
Saturday 10/20/01 from 9 to 11:00 A.M. at Irving School where Dubuque community efforts for
assistance in the 9/11/01 tragedies will be discussed and considered. Markham stated he is
going to Washington DC soon and will talk to the Legislators, and also that Airport officials are
arranging a meeting in February.
At 7:55 P.M. upon motion it was resolved to go into Closed Session: Collective Bargaining
Strategy - Iowa Code Chapter 20.17(3).
At 8:01 Council reconvened Regular Session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:02 P.M.
1 t 10/24
/s/Jeanne F. Schneider
City Clerk
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