Minutes - Council 12 18 00CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 18, 2000
Council met in Regular Session at 6:30 P.M. in the Public 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 a 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 Greg Bjornstad, Chaplain of Luther Manor.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming Commission
of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21;
Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning Board
of Adjustment of 11/30, upon motion received and filed.
Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary
of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00, upon motion
received and filed.
Finance Director submitting the Financial Report for the month ending November 30, 2000, upon
motion received and filed.
Official Council Proceedings of October, 2000, upon motion approved as printed.
Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property
damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's
Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating in
estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of
$1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of
$1,479.02 for loss of business, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel recommending settlement of the property damage claim of Florence Hird in
the amount of $59.15; the property damage claim of Key Apartments West in the amount of
$335.61; and the property damage claim of Patti Schilling in the amount of $25.00, upon motion
received and filed and directed Finance Director to issue payment.
Appointments to the Owner-Occupied Affordable Housing Committee: City Manager recommending
the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable
Housing Committee, upon motion received and filed and concurred with recommendation.
Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager
recommending acceptance of the deed to property donated to the City by Carl and Mary Ann
Burbach, upon motion received and filed. Buol moved adoption of Resolution No. 590-00
Accepting the deed to certain real estate in Dubuque County, Iowa from Carl J. Burbach
Declaration of Trust dated January 24, 1995. Seconded by Robbins. Motion carried 7-0.
Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court
requesting that the area be designated as a Residential Parking Permit District, upon motion
referred to the City Manager.
Certified Local Government Report to State Historic Preservation Office: City Manager submitting
the 2000 Certified Local Government Annual Report, upon motion received and filed.
Jaeger Heights Subdivision No. 3 - Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No. 3,
upon motion received and filed. Buol moved adoption of Resolution No. 591~00 Approving the Plat
of Survey of Lot 1 of 1 and Lot 2 of 1, and a division of Lot 1 of Jaeger Heights Subdivision No. 3,
in the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0.
Heron Pond Trail Extension: City Manager recommending the submission of a Recreational Trails
Grant application to IDOT for funding of the extension of Heritage Trail from Heron Pond to
Pyatigorsk Park, upon motion received and filed. Buol moved adoption of Resolution No. 592-00
Authorizing a grant application for Iowa Department of Transportation Recreational Trails Funds
for the Heritage Trail Extension Project: Heron Pond to Pyatigorsk Park. Seconded by Robbins.
Motion carried 7-0.
2000 Asphalt Paving Project- Acceptance: City Manager recommending acceptance of the 2000
Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, upon motion
received and filed. Buol moved adoption of Resolution No. 593-00 Accepting improvement for
project and Resolution No. 594-00 Approving final estimate in amount of $476,674.64. Seconded
by Robbins. Motion carried 7-0.
William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending
acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount
of $79,448.65, upon motion received and filed. Buol moved adoption of Resolution No. 595-00
Accepting improvement for project and Resolution No. 596-00 Approving final estimate in amount
of $79,448.65. Seconded by Robbins. Motion carried 7-0.
North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance
of the North End Neighborhood Trail Project in the final contract amount of $492,989.56, upon
motion received and filed. Buol moved adoption of Resolution No. 597-00 Accepting improvement
for project and Resolution No. 598-00 Approving final estimate in amount of $492,989.56.
Seconded by Robbins. Motion carried 7-0.
Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the
Kerper Court Construction Project in the final contract amount of $640,476.08, upon motion
received and filed. Buol moved adoption of Resolution No. 599-00 Accepting improvement for
project and Resolution No. 600-00 Approving final estimate in amount of $640,476.08. Seconded
by Robbins. Motion carried 7-0.
Klauer Manufacturing Parking Request - Withdrawal: City Manager advising that the request of
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Klauer Manufacturing for removal of parking at several corners in the area of 26 and 27 Streets
between Central and Elm Streets has been withdrawn, upon motion received and filed.
Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of
four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond
Dubuque, Incorporated, upon motion received and filed. Buol moved adoption of Resolution No.
601-00 Consenting to the assignment of leases between the City of Dubuque and Riverside Bowl,
Inc. by Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Inc. Seconded by Robbins. Motion
carried 7-0.
Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the
parking rental agreement between the City and Dubuque Historic Improvement Company to Jerry
Lazore, new owner of the Redstone Inn, upon motion received and filed. Buol moved adoption
of Resolution No. 602-00 Consenting to the assignment of the lease agreement between the City
of Dubuque and Dubuque Historic Improvement Company by Dubuque Historic Improvement
Company to Jerry Lazore. Seconded by Robbins. Motion carried 7-0.
Fiscal Year 2002 Policy Guidelines: City Manager recommending approval of the Fiscal Year 2002
Policy Guidelines, upon motion received and filed and approved.
Hospital Signage- US 20/Dodge Street: City Manager recommending that a letter be sent to the
Chairperson of the Iowa Department of Transportation Commission requesting modification to the
hospital signage on Highway 20, upon motion received and filed and approved letter of support.
Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to
the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs
on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, upon motion
received and filed and approved letter.
HOME Investment Partnership Program Contract: Communication from the Iowa Department of
Economic Development revising the master contract and funding agreement for the HOME
Program by changing the completion date and extending the performance period to June 30, 2001,
upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 603-00 Granting issuance of a permit
to sell Cigarettes and Cigarette Papers to Tobacco Outlet Plus and Grandview Milk House;
Resolution No. 604-00 Granting issuance of Class "B" Beer Permit to UAW Local 94; and Class "C"
Beer Permit to Big 10 Mart; Casey's General Store; Kwik Stop (2); and Tobacco Outlet Plus;
Resolution No. 605-00 Granting issuance of Class "B" BeedLiquor License to Holiday Inn Five
Flags and Julien Inn; and Class "C" (Commercial) BeedLiquor License to Michael's Bar-X and The
White House. Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS: Applicants are invited to address the Council to express their desire
to serve on the following Boards/Commissions: Housing Code Appeals Board - Applicants:
William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke.
Appointment to the following Commission: Human Rights Commission (Three terms expiring
1/1/04) Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E.
Jackson. Upon vote Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed
to three year terms which will expire 1/1/04.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council
if they so desire.
Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider
rezoning property located on U.S. Highway 20, southwest of Westside Court from C-3 General
Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit
Development District, with a PC Planned Commercial designation to allow for development of a
new Menard's store, upon motion received and filed. Tom O,Neill of Menard, Inc., Dan Coyte of
WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, all spoke in
favor of the proposed rezoning. Ed Tschiggfrie, as owner of a nearby quarry, spoke in favor of
the project but requested the continuation of a trip lane traffic signal for exiting trucks. Ordinance
No. 106-00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west of
Westside Court from C-3 General Commercial District and CS Commercial Service and Wholesale
District to PUD Planned Unit Development District with a PC Planned Commercial District
designation and adopting a Conceptual Development Plan, with conditions, for Menard, Inc.,
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. Carried by the following vote: Yeas-Markham, Michalski,
Nicholson, Robbins, Buol, Cline. Nays-Duggan.
Hughes Court Investment Co./Schneider Land Surveying - Request for Rezoning: Proof of
publication on notice of hearing to consider rezoning property located at 3195 Hughes Court from
AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment
Co./Schneider Land Surveying, to allow for construction of a warehouse building, upon motion
received and filed. Robert Kirpes of 419 Winona spoke in favor of the rezoning. Ordinance No.
107-00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances
by reclassifying hereinafter described property located at the end of Hughes Court from AG
Agricultural District to LI Light Industrial District. Seconded by Cline. Motion carried 7-0.
Kelly Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning
property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family
Residential District to R-2 Two-Family Residential District at the request of Leonard Witt, to allow
for construction of a duplex, upon motion received and filed. Mike Kelly, 1400 Kelly Lane, spoke
in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along
Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two-Family
Residential District, presented and read. Markham moved to concur with the denial. Seconded
by Cline. Motion carried 7-0.
Molo Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Upon
motion it was removed from the table. Steve Gorius, 2461 Spring Green, spoke requesting the
rezoning. Ordinance No. 108-00 Amending Appendix A (The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2120 John
F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial
District, 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 Cline. Carried by the following vote: Yeas-Duggan, Markham,
Michalski, Robbins, Buol, Cline. Nays-Nicholson.
Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending
approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project,
upon motion received and filed. Markham moved adoption of Resolution No. 606-00 Adopting the
final assessment schedule for the concrete repairs on Grandview at Delhi 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 Nicholson. Motion carried 7-0.
Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on notice
of hearing on plans and specifications and notice to bidders on the receipt of bids for the Fischer
Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project and City
Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,100, upon
motion received and filed. Buol moved adoption of Resolution No. 607-00 Adopting plans and
specifications for project and Resolution No. 608-00 Awarding contract to Peterson Contractors,
Inc. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rule was reinstated limiting discussion to the Council.
ACTION ITEMS
Human Rights Ordinance: Thom Determan, Chair of the Human Rights Commission, submitting
recommended changes to the Human Rights Ordinance, upon motion received and filed.
Thom Determan spoke requesting the changes. Ordinance No. 109-00 Amending the Code of
the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new
Section 27-27(4) Powers and Duties in lieu thereof, 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 Markham. Motion carried 7-0.
Vision Iowa Application: City Manager recommending approval of a Resolution in support of the
Vision Iowa Application for funds for America's River for the Mississippi River Conference and
Education Center and the Mississippi River Discovery Center and Aquarium at the Port of
Dubuque, upon motion received and filed. Markham moved adoption of Resolution No. 589-00
of City of Dubuque support for the Vision Iowa Application for funds for America's River for the
Mississippi River Conference and Education Center and the Mississippi River Discovery Center and
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Aquarium at the Port of Dubuque. Seconded by Nicholson. Motion carried 7-0.
Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking" zone
on the north side of Fifth Street and rescinding of the back-in angle parking on the recently
reconstructed Fifth Street, from Iowa Street to Locust Street, upon motion received and filed.
Ordinance No. 110-00 Amending the City of Dubuque Code of Ordinances, Section 32-363(d)
prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa
and Locust Streets and Ordinance No. 111-00 Amending Code of Ordinances of the City of
Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle parking,
presented and read, Robbins 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
Ordinance. Seconded by Michalski. Motion carried 7-0.
"No Parking" in Alley by Lincoln School: City Manager recommending approval of parking
restrictions in the alley between Alpine and Nevada near West Fifth Street, in response to a petition
from residents of the area, upon motion received and filed. Ordinance No. 112-00 Amending
Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on
designated streets, or portions thereof, by adding the alley between West Fifth Street and
University Avenue from Nevada Street to Alpine Street, 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 Cline. Motion carried 7-0.
Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site
be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001
public hearing, upon motion received and filed and concurred.
Request for Proposals - Fourth Street Peninsula: City Manager recommending that the City issue
a Request for Proposals for Master Planning and Design Services for the ninety acres of the Fourth
Street Peninsula, and to include a price for the thirty acres south of the Ice Harbor to see if that is
affordable at this time, upon motion received and filed and approved recommendation.
Council Member Reports: Michalski stated kudos to Operations and Maintenance for snow removal.
ITEMS TO BE SET FOR PUBLIC HEARING
Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public
hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows
Second Addition at the request of Jim Stock Realty & Construction, upon motion received and filed.
Buol moved adoption of Resolution No. 609-00 of Intent to dispose of City interest and vacate water
main and utility easements over portions of Lot 1, Lot 2, and Lot A of Oak Meadows Second
Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Markham. Motion carried
7-0.
At 8:37 P.M. 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 8:49 Council reconvened Regular Session stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:50 P.M.
Is~ Jeanne F. Schneider
City Clerk
It 12/27