Minutes Council 11 19 01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
Council, Regular Session, Monday, November 19, 2001
Council Met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Cline, Markham, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Council Member Buol
by electronic means.
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 Father Dwayne Thoman, Spiritual Director of Wahlert High School.
CONSENT ITEMS
Minutes Submitted: City Council of 11/5; Civil Service Commission of 10/2 and 10/16;
Electrical Code Board of 9/25; Historic Preservation Commission of 10/9; Human Rights
Commission of 10/8; Park and Recreation Commission of 10/9; Transit Board of 10/11; Zoning
Advisory Commission of 11/7; Zoning Board of Adjustment of 10/25, upon motion received and
filed.
Proof of publication of City Council Proceedings of 10/15; Proof of publication of List of Claims
and Summary of Revenues for month ending September 30, 2001, upon motion received and
filed.
Finance Director submitting the Financial Reports for the month ending October 31, 2001,
upon motion received and filed.
Notice of Claims/Suits: Virginia A. Bird in estimated amount of $107.43 for vehicle damage;
Dale J. Ehlers in estimated amount of $1,513.16 plus rental reimbursement for vehicle damage;
Hank’s Specialties in estimated amount of $2,724.68 for vehicle damage; Timothy Klinkhammer
in undetermined amount for vehicle damage; Theressa Northouse in estimated amount of
$84.80 for property damage; Susan and Ronald Tigges in estimated amount of $1,288 plus car
rental for vehicle damage, upon motion referred to the Legal Staff for investigation and report.
Appeal of William Kelly v. the City of Dubuque, Iowa and Civil Service Commission of the City
of Dubuque, Iowa, 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: Dale J. Ehlers for
vehicle damage; Candace and Elizabeth Fuerst for vehicle damage and personal injury;
Timothy Klinkhammer for vehicle damage; State Farm Insurance for vehicle damage; and
Ronald and Susan Tigges for vehicle damage; upon motion upon motion received and filed and
concurred with recommendation.
Corporation Counsel recommending denial of the claim of Matt Bay for vehicle damage, upon
motion received and filed and concurred with recommendation.
Corporation Counsel recommending that the claims of Corey Lorenz for vehicle damage and
Gene Chapman for property damage be settled and that the Finance Director be directed to
issue payment, upon motion received and filed and concurred with the recommendation and
Finance Director to issue proper check.
Substance Abuse Services Center: Communication from Diane K. Thomas, Substance Abuse
Services Center, requesting financial support for Fiscal Year 2002, upon motion received and
filed and referred to the City Manager.
Parking Lot Project at Third and Main: City Manager recommending that Resolution No. 469-
01 – Accepting Improvement and Resolution No. 470-01 – Final Estimate for the Parking Lot
Project at Third and Main be rescinded as the project had previously been accepted on May 21,
2001, upon motion received and filed. Nicholson moved adoption of Resolution No. 481-01
Rescinding Resolutions 469-01 and 470-01. Seconded by Robbins. Motion carried 7-0.
Five Flags Theater Renovation Project – Acceptance: City Manager recommending
acceptance of the Five Flags Theater Renovation Project in the final contract amount of
$750,283.36, upon motion received and filed. Nicholson moved adoption of Resolution No.
482-01 Accepting improvement and Resolution No. 483-01 Approving final contract amount of
$750,283.36. Seconded by Robbins. Motion carried 7-0.
Bunker Hill Building Renovation Project – Acceptance: City Manager recommending
acceptance of the Bunker Hill Building Renovation Project in the final contract amount of
$378,787.00, upon motion received and filed. Nicholson moved adoption of Resolution No.
484-01 Accepting improvement and Resolution No. 485-01 Approving final contract amount of
$378,787. Seconded by Robbins. Motion carried 7-0.
Amendment of Legal Description for Previously Annexed City Property: City Manager
recommending approval of a revised legal description for property annexed to the City of
Dubuque, Iowa, upon motion received and filed. Nicholson moved adoption of Resolution No.
486-01 Amending Resolution No. 481A-98 by approving a revised legal description for certain
property annexed to the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0.
Megan-Nicole Valley Subdivision – Final Plat: Zoning Advisory Commission recommending
approval of the final plat of Megan-Nicole Valley Subdivision at the end of Miller Road in the
City of Dubuque and Dubuque County as requested by Richard and Tom Henschel, upon
motion received and filed. Nicholson moved adoption of Resolution No. 487-01 Approving the
final plat of Megan-Nicole Valley Subdivision. Seconded by Robbins. Motion carried 7-0.
Plat of Survey of Westview Shopping Center Place No. 2: Zoning Advisory Commission
recommending approval of the Plat of Survey of Westview Shopping Center Place No. 2
located at John F. Kennedy Road and Congress Circle as requested by Nick Yiannias, upon
motion received and filed. Nicholson moved adoption of Resolution No. 488-01 Approving the
plat of survey of Westview Shopping Center Place No. 2. Seconded by Robbins. Motion
carried 7-0.
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Fiscal Year 2002 Annual Action Plan: City Manager recommending approval of a second
amendment to the City’s Fiscal Year 2002 Community Development Block Grant (CDBG)
Annual Plan, upon motion received and filed. Nicholson moved adoption of Resolution No.
489-01 Approving Amendment 2 to the Fiscal Year 2002 (Program Year 2001) Annual Action
Plan for Community Development Block Grant Funds. Seconded by Robbins. Motion carried
7-0.
Federal Aid Surface Transportation Project – University Avenue from Spruce to Delhi: City
Manager recommending approval of a Project Agreement with the Iowa Department of
Transportation for Federal-Aid Surface Transportation Program funds relating to the
construction of University Avenue from Delhi to Spruce, upon motion received and filed.
Nicholson moved adoption of Resolution No. 490-01 Approving the Project Agreement with the
Iowa Department of Transportation for Federal Aid Surface Transportation Program (STP)
Project 6-01-STPU-13 with the Iowa Department of Transportation relating to the construction
of University Avenue from Delhi to Spruce. Seconded by Robbins. Motion carried 7-0.
Retaining Wall Adjacent to Third Street Overpass: City Manager recommending approval of
an amendment to the contract between the City and Allen and Urbain Associates for
construction of a proposed retaining wall and sidewalk adjacent to the Third Street Overpass,
upon motion received and filed. Michalski moved adoption of Resolution No. 491-01 Approving
an amendment to the contract between the City of Dubuque and Allen and Urbain Associates
for the City owned improvements for the building on Third and Main Streets. Seconded by
Nicholson. Motion carried 7-0. Michalski requested an update on this project in consideration
of the recent water main break. City Manager Van Milligen gave an update on this matter,
stating that it had actually helped solve an engineering dilemma.
Water Plant Security: City Manager recommending approval for the installation of a closed
circuit monitoring system at the Water Plant for improved security at the facility, upon motion
received and filed and approved recommendation.
Project Concern Paratransit Contract for Fiscal Year 2002: City Manager recommending
approval of the Project Concern Paratransit Contract for Fiscal Year 2002, upon motion
received and filed and approved recommendation.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development (HUD) regarding the City’s Consolidated End-
of-Year Review for Program Year 2000, upon motion received and filed. Michalski requested
further clarification of this communication. David Harris, Housing and Community
Development Director, spoke clarifying the report.
Appeal of FCC’s Pasadena Franchise Fee Decision: City Manager recommending that the
City participate with a coalition of cities, the National League of Cities and NATOA in a court
appeal of the FCC’s Pasadena franchise fee decision, upon motion received and filed and
approved recommendation.
Business License Refund: Ronald J. Meloy, Oky Doky #15, requesting a refund of his
cigarette license in the amount of $50.00, upon motion received and filed and approved refund.
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Business Licenses: Nicholson moved adoption of Resolution No. 492-01 Granting issuance
of a Class “C” Beer Permit to Tobacco Outlet Plus, Kwik Stop Food Mart at 1685 JFK Road,
Kwik Stop Food Mart at 2297 University Avenue, Kwik Stop Food Mart at 4039 Pennsylvania,
and IOCO Speede Shoppe #93 and Resolution No. 493-01 Granting issuance of a Class “C”
(Commercial) Beer/Liquor License to Jorja’s Restaurant and Lounge, Ground Round, Instant
Replay, Aragon Tap, and Mario’s Italian Restaurant. Seconded by Robbins. Motion carried 7-
0.
BOARDS/COMMISSIONS
Interview for the following Commission: Community Development Advisory Commission (One
unexpired term through 2/15/04 – Census Tract 3 – Currently vacant). Applicant: Richard J.
Sullivan. No one spoke.
Appointment to the following Commission: Civic Center Commission: (One unexpired term
ending 6/29/04 – Term of Sesterhenn). Applicants: Mark M. Nauman, Bryce Parks, Katie
Peterson. Upon vote Mr. Nauman appointed to the unexpired three year term which will expire
6/29/04.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Upon motion the following item was removed from the table.
Mayor Duggan turned control of the meeting over to Mayor Pro-Tem Robbins.
Plastic Center, Inc. – Conceptual Development Plan (Tabled on October 1, 2001): 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, upon motion received and filed.
Lynn Pfohl Quigley of New York, as owner of the property, spoke in favor of the requested
rezoning and stated that relevant engineers and attorneys for this project were there to answer
questions.
Ken Buesing of Buesing and Associates, as Engineer for this program, spoke giving specifics
of the proposed rezoning and requested ingress and egress for this project, also the proposed
plans for stormwater management.
Jeff Roda, Traffic Engineer for Yaggy Colby, spoke specifically about the placement of the
requested traffic signal on the NW Arterial – Entrance No. 1, and Entrance No. 3 and 5 on
Asbury Road being signalized and Entrance No. 6 which would not be signalized and answered
other specific traffic related questions.
Attorney Brian Kane spoke to this requested rezoning, adding that it was a good project for
the City, that they met with the neighbors over a year ago and answered Council questions on
storm water and traffic. He also stated that a letter from Super Target required two accesses
of which one must be signalized before their commitment to this project.
Eugene Bird Jr. as Chair of Zoning Advisory Commission responded to questions of
necessary trees and stated that the City and the developer would work together.
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Ken Bichell spoke in opposition to the project, stating that he has not seen any Master Plan
for expansion in Dubuque and questioned the park ratio to the large project.
Lou Oswald, 1015 Nowata, questioned the amount of green space for this project also.
Ordinance No. 73-01 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. The motion
on the table was: 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. Vote taken at this meeting and motion carried 6-0.
Mayor Duggan returned and took control of the meeting.
430 Garfield Avenue – Rezoning Request: Proof of publication on notice of hearing to
consider rezoning property located at 430 Garfield Avenue from LI Light Industrial District to CS
Commercial Service and Wholesale District as requested by Robert Klauer and Robert Walser
and Zoning Advisory Commission recommending approval of the request, upon motion
received and filed.
Rob Klauer, of Dubuque Wholesale Carpet, spoke clarifying specifics of the request for
rezoning.
Ordinance No. 74-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 430 Garfield
Avenue from LI Light Industrial District to CS Commercial Service and Wholesale District, with
conditions, 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 Robbins. Motion carried 7-0.
800 Rhomberg Avenue – Rezoning Request: Proof of publication on notice of hearing to
consider rezoning property located at 800 Rhomberg Avenue from C-1 Neighborhood
Commercial and R-2A Alternate Two-Family Residential District to CS Commercial Service and
Wholesale District at the request of Charles and Joyce Arthofer 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 at 800 Rhomberg Avenue from C-1 Neighborhood Commercial and
R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale
District, presented and read.
John McCann spoke in support of the recommended denial.
Michalski moved to concur with the recommended denial. Seconded by Nicholson. Motion
carried 7-0.
Development Moratorium for Proposed Southwest Arterial Corridor: Proof of publication on
notice of hearing to consider amending the Zoning Ordinance and the Subdivision Regulations
regarding a development moratorium in the proposed Southwest Arterial Corridor as requested
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by the Iowa Department of Transportation and the City of Dubuque and the Zoning Advisory
Commission recommending approval of the amendment, upon motion received and filed.
Dick Kautz of IDOT spoke to the requested development moratorium.
Karen Rokusek, of 12101 Cousins Road, speaking for neighbors also, spoke in opposition to
the requested moratorium, stressing their anxiety in not knowing the future for their properties
and being stuck in a holding pattern for marketing their homes and home improvements.
Ordinance No. 71-01 Amending Chapter 42 (Subdivision Regulations) of the City of
Dubuque Code of Ordinances by amending Section 42-16, to establish a moratorium for
subdivision plats in the Southwest Arterial Corridor and Ordinance No. 72-01 Amending
Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending
Section 4-4-.2 regarding site plans, and by amending Section 6-1-5.5 regarding rezonings, to
establish a moratorium for site plan and rezoning applications in the Southwest Arterial
Corridor, presented and read. Buol 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, as amended (to three month development moratorium). Seconded by
Markham. Motion carried 7-0.
Zoning Ordinance Text Amendment: Proof of publication on notice of hearing to consider
amending the Zoning Ordinance to allow mini-warehouses as a conditional use in the C-3
General Commercial District as requested by the City of Dubuque and the Zoning Advisory
Commission recommending approval, presented and read. Ordinance No. 75-01 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending
Section 3-3.3(D) for Off-Premise Signs and C-3 General Commercial District Conditional Uses
by adding mini-warehousing as a conditional use, 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 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 City
Manager recommending approval, upon motion received and filed. Michalski moved adoption
of Resolution No. 494-01 Disposing of City interest in Lot 4A of Finley Home Addition in the
City of Dubuque. Seconded by Cline. Motion carried 7-0.
Alliant Energy Expansion at the Dubuque Industrial Center West: Proof of publication on
notice of hearing to consider disposing of 16.67 acres of real property by installment contract to
Interstate Power Company and City Manager recommending approval of a Development
Agreement with Interstate Power Company (Alliant Energy), upon motion received and filed.
Walter Hargraves of Alliant spoke in favor of the project.
Bud Isenhart, 8908 Quail Ridge Rd., spoke stating he was not opposed to this project but
concerned about remainder of TIF district in the area. City Manager Van Milligen stated
detailed answers will be provided on the next Council Consent Agenda.
Cline moved adoption of Resolution No. 495-01 Approving a Development Agreement
providing for the sale and private development of proposed Lot 2, Lot 3 and Lot 5 of the
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Dubuque Industrial Center West 2 Addition in the City of Dubuque, Iowa, to Interstate Power
Company. Seconded by Markham. Motion carried 7-0.
Disposal of City Property on Oneida Street: Proof of publication on notice of hearing to
consider disposing of City property on Oneida Street to Robert J. VanderMuelen and City
Manager recommending approval, upon motion received and filed. Robbins moved adoption
of Resolution No. 496-01 Disposing of City interest in Lot 2-2-1-1-1-3 N ½ SE ¼ NW ¼ of
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Section 12, T89N, 5 P.M., Dubuque County, Dubuque, Iowa. Seconded by Markham. Motion
carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Penalties for Tobacco Permit Holders: Consideration of assessing civil penalties to five
businesses for underage tobacco sales and one conviction of selling cigarettes when the
tobacco license had expired, upon motion received and filed the communications and assessed
the penalties.
Ward and Precinct Ordinance Modifications: City Manager recommending approval of minor
modifications to the City’s ward and precinct plan ordinance and map as suggested by Sandy
Steinbach, Secretary of State - Elections Division, after review of the City’s reprecincting plans
and an Ordinance Amending the City of Dubuque, Iowa Code of Ordinances by repealing
Chapter 17, Elections and adopting in lieu thereof a new Chapter 17, Elections, establishing
boundaries for four (4) wards and twenty-one (21) precincts, presented and read. This matter
was removed from the Agenda at this time at the request of the City Manager.
ARTCO Barge Fleeting Request: City Manager requesting authorization from the City Council
to negotiate a short-term lease with Artco Fleeting for frontage space at the former Sinclair
dock at the southerly end of Terminal Street for storage of up to six barges, upon motion
received and filed and approved recommendation.
Severance (De-Annexation) Request of Frank Fincel: City Manager recommending approval
of the request of Frank Fincel to have his property severed (de-annexed) from the City limits,
upon motion received and filed. Nicholson moved adoption of Resolution No. 497-01
Approving severance of certain territory from the City of Dubuque. Seconded by Robbins.
Motion carried 7-0.
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Meter Ordinance – 7 Street: City Manager recommending approval of a change to the Code
of Ordinances to create a no parking area on the south side of Seventh Street between Locust
and Bluff Streets and establishes the portion along the east side of the 700 block of Bluff Street
as part of the meter district., upon motion received and filed. Ordinance No. 76-01 Amending
Section 32-262(d) of the City of Dubuque Code of Ordinances, prohibiting parking on
designated streets or portions thereof by adding portions of Seventh Street, 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
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passed be suspended and further moved final consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
Rivers Edge Plaza – Iowa Ready Mixed Concrete Association Award: Press release from the
Iowa Ready Mixed Concrete Association awarding the Rivers Edge Plaza, Port of Dubuque,
Iowa with the 2001 Excellence in Concrete Award, upon motion received and filed.
Rivers Edge Plaza – APA Award: City Manager advising that the Iowa Chapter of the
American Planning Association (APA) named the City of Dubuque as the recipient of the annual
“Excellence in Planning Project Award” for the America’s River project, upon motion received
and filed.
Commercial/Industrial Rehabilitation Loan: City Manager recommending approval of a
Commercial/Industrial Rehabilitation Loan to Cooper Development in an amount not to exceed
$100,000 for work to be done at the Cooper Wagon Works project, upon motion received and
filed. Cline moved adoption of Resolution No. 498-01 Approving a Community Development
Block Grant Commercial/ Industrial Building Rehabilitation Loan of up to One Hundred
Thousand Dollars ($100,000) for property located at 299 Main Street and authorizing a Letter of
Commitment. Seconded by Nicholson. Motion carried 7-0.
Bond Sale to Support America’s River Project Components: City Manager recommending the
advertisement for sale of $12,360,000 General Obligation Bonds and setting the date of sale
for December 3, 2001, upon motion received and filed. Cline moved adoption of Resolution No.
499-01 Directing the advertisement for sale of $9,500,000 General Obligation Bonds, Series
2001 and Resolution No. 500-01 Directing the advertisement for sale of $2,860,000 General
Obligation Bonds, Series 2002. Seconded by Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
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Main Street Reconstruction, 5 to 9 Streets – Initiate: City Manager recommending initiation
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of the bidding process for the Main Street Reconstruction from 5 to 9 Project and setting a
public hearing for December 17, 2001. upon motion received and filed. Michalski moved
adoption of Resolution No. 501-01 Preliminary approval of plans and specifications; Resolution
No. 502-01 Fixing date of hearing on plans and specifications; Resolution No. 503-01 of
Necessity; Resolution No. 504-01 Fixing date of hearing on Resolution of Necessity for
12/17/01 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. 505-01 Approving preliminary schedule of
assessments; Resolution No. 506-01 Ordering bids. Seconded by Nicholson. Motion carried
7-0.
Congress Circle – Request to Vacate: City Manager recommending that a public hearing be
set for December 3, 2001 to consider a request to vacate Congress Circle, upon motion
received and filed. Michalski moved adoption of Resolution No. 507-01 Approving plat of
proposed vacated Congress Circle. Seconded by Nicholson. Motion carried 7-0. Ordinance
No. 77-01 Vacating Congress Circle, 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
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moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion
carried 7-0. Michalski moved adoption of Resolution No. 508-01 of Intent to dispose of City
interest in Lot 2A of Westview Shopping Center Place No. 2, Dubuque, Iowa and further set this
matter for Public Hearing on 12/3/01 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.
Rick Dickinson of GDDC spoke stating that Dubuque ranked second in the nation on business
retention.
There being no further business, upon motion meeting adjourned at 9:02 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 11/28
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