2 19 01 Council MinuteCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Regular Session, February 19, 2001
Council Met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski via the
telephone, 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 Jerry E. Oakland, Pastor of St. Luke's United Methodist Church.
Proclamation: Tim Moerman Day (February 22, 2001 ) received by departing Assistant City
Manager Tim Moerman who expressed appreciation for all the positive experiences he and
his family have enjoyed while in Dubuque.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 1/29; Cable TV Regulatory Commission of
1/10; City Council Proceedings of 2/5; Electrical Code Board of 2/5; Environmental
Stewardship Advisory Commission of 2/6; Historic Preservation Commission of 1/18; Human
Rights Commission of 1/8; Long Range Planning Advisory Commission of 1/17; Transit Board
of 2/8; Zoning Advisory Commission of 12/6/00 and 2/7; Zoning Board of Adjustment of
1/25, upon motion received and filed.
List of Claims and Summary of Revenues for month ending December 31, 2000; City of
Dubuque Financial Reports for the month ending January 31, 2001, upon motion received
and filed.
Notice of Claims/Suits: Cindy Hanten in undetermined amount for property damage;
Robert C. Hood, Jr. in undetermined amount for personal injuries; Gene A. Kramer in
estimated amount of $2,222.96 for vehicle damage; Bill Moore in undetermined amount for
vehicle damage; Nona R. Nigg in estimated amount of $794.54 for vehicle damage; Linda L.
Sanford in estimated amount of $174.85 for vehicle damage; Subrogation Claim of State
Farm Insurance (for insured, Timothy Grass) in estimated amount of $872.94 for vehicle
damage, upon motion referred to the Legal Staff for investigation and report.
Kane Development Corporation: Communication from Steve Boge, Kane Development
Corporation, requesting the City's acceptance of sanitary sewer and water main system at
Pine Knoll Condominiums (Phase I) on Katrina Circle in the City of Dubuque, upon motion
referred to the City Manager.
Civil Service Commission; Civil Service Commission submitting the certified list for the
position of Police Officer, upon motion resolved to make this a matter of record.
Interagency Agreement Between City and Dubuque County Board of Health for Inspection
of Pools and Spas: City Manager recommending approval of an Interagency Agreement
between the City of Dubuque and the Dubuque County Board of Health for Inspection of
Pools and Spas in Dubuque County, upon motion received and filed and concurred with
recommendation.
Tentative Agreement Between the City of Dubuque and the Dubuque Professional
Firefighters Association, Local #353: City Manager recommending approval of a Tentative
Agreement between the City of Dubuque and the Dubuque Professional Firefighters
Association, Local #353, for a three year period, upon motion received and filed. Buol
moved adoption of Resolution No. 49-01 Accepting the tentative agreement between the City
of Dubuque, Iowa, and the Dubuque Professional Fireflghters Association, Local #353 and
authorizing the Mayor to sign the agreement. Seconded by Robbins. Motion carried 7-0.
U.S. Department of Housing and Urban Development: Communication of the U.S.
Department of Housing and Urban Development advising that they have reviewed the City's
audit report for the period July 1, 1999 through June 30, 2000, upon motion received and
filed,
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation advising of four public input meetings to be held around the State, upon
motion received and filed.
State Grant Contract for Design Guidelines Manual: City Manager recommending approval
of a contract with the State Historical Society of Iowa for a $7,500 grant the City has
received to develop a design review guidelines booklet for historic districts, upon motion
received and filed.
Downtown Vision Process: City Manager recommending confirmation of a facilitator for
the Downtown Vision Process, upon motion received and filed.
Bunker Hill Golf Course - Agreement with Golf Professional: City Manager recommending
approval of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker
Hill Golf Course operation, upon motion received and filed and concurred with
recommendation.
Urban Revitalization/Tax Exemption Applications: City Manager recommending approval
of the eligible Calendar Year 2001 Urban Revitalization Applications, upon motion received
and filed. Buol moved adoption of Resolution No. 50-01 Approving Residential Property Tax
Exemption Applications submitted by property owners in recognized Urban Revitalization
Areas and authorizing the transmittal of the approved applications to the City Tax Assessor
and Resolution No. 51-01 Approving late filed Residential Property Tax Exemption
Applications submitted by property owners in recognized Urban Revitalization Areas and
2
authorizing the transmittal of the approved applications to the City Tax Assessor. Seconded
by Robbins, Motion carried 7-0.
Clara Street Place - Acceptance: City Manager recommending acceptance of the public
improvements as completed by Mercy Medical Center in Clara Street Place, upon motion
received and filed. Buol moved adoption of Resolution No. 52-01 Accepting improvements
in Clara Street Place. Seconded by Robbins. Motion carried 7-0.
Fischer Cold Storage Warehouse Asbestos Abatement Project - Acceptance: City
Manager recommending acceptance of the Fischer Cold Storage Warehouse Asbestos
Abatement Project in the final contract amount of ,~3,200, upon motion received and filed.
Buol moved adoption of Resolution No. 53-01 Accepting improvement and Resolution No.
54-01 Approving final estimate in amount of $3,200. Seconded by Robbins. Motion
carried 7-0.
Salina Street Reconstruction Project: City Manager recommending a change from
concrete panels to wooden railroad ties on portions of the Salina Street Reconstruction
Project, upon motion received and filed and approved recommendation.
Supplement #48 of the Code of Ordinances: City Manager recommending adoption of
Supplement #48 to the City of Dubuque Code of Ordinances, upon motion received and filed.
Buol moved adoption of Resolution No. 54-01 Adopting Supplement #48 to the City of
Dubuque Code of Ordinances. Seconded by Robbins. Motion carried 7-0.
Senator Grassley Letter: Communication of City Manager to Senator Grassley requesting
his support of S. 88 regarding broadband access in rural and Iow income areas, upon motion
received and filed and approved letter.
Business Licenses: Buol moved adoption of Resolution No. 56-01 Granting issuance of
a permit to sell Cigarettes and Cigarette Papers to Clark Retail #2354; Resolution No. 57-01
Granting issuance of a Class C Beer/Liquor License to The Clubhouse and Tony's Place and
Resolution No. 58-01 Granting issuance of a Class B Beer Permit to Kid's World Pizza/Fun
Center; and Class C Beer Permit to Clark Retail #2354 and Lee W. Potter - West Locust Mart.
Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
APPOINTMENTS to the following Boards/Commissions:
Building Code Board of Appeals (2 Vacancies): Upon motion Chuck Carr appointed for
the General Contractor position for term ending 8/1/03 and Richard Luchsinger for the At-
Large position for term ending 8/1/03.
Community Development Advisory Commission (4 Vacancies): Upon motion James Giesen
reappointed for the At-Large position for term ending 2/15/04 and Charles Isenhart appointed
for Census Tract No, I position for term ending 2115/03.
Environmental Stewardship Advisory Commission (1 Vacancy): Upon motion Art Sunleaf
appointed to the unexpired term ending 10/1/02.
3
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
989 Langworthy - Rezoning Request of William May: Proof of publication on notice of
hearing to consider rezoning property located at 989 Langworthy from R-2 Two-Family
Residential District to OS Office Service District, upon motion received and filed. Dr. May
spoke requesting rezoning to allow placement of his dentist's office. Ordinance No. 11-01
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
by reclassifying hereinafter described property located at 989 Langworthy from R-2 Two-
Family Residential District to OS Office Service 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 Robbins.
Motion carried 7-0.
Highway 20 Corridor Between Bluff Street and Cherokee Drive - Rezoning Request: Proof
of publication on notice of hearing to consider rezoning property located in the Highway 20
Corridor between Bluff Street and Cherokee Drive/Collins Street from R-1 Single-Family
Residential, R-2 Two-Family Residential, C-1 Neighborhood Commercial, OR Office
Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service
and POS Public Open Space Districts, upon motion received and filed. Ordinance No. 12-01
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
by reclassifying hereinafter described property located along Highway 20 from Bluff Street
west to Cherokee Drive from R-1 Single-Family Residential, R-2 Two-Family Residential, C-1
Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General
Commercial Districts, to OS Office Service and POS Public Open Space Districts, 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 Buol. Motion carried 7-0.
Lamar Advertising - Request for Text Amendment to Zoning Ordinance: Proof of
publication on notice of hearing to consider an amendment to Section 4-3.11 of the Zoning
Ordinance to increase minimum spacing of off-premise signage, upon motion received and
filed. Jim Schumacher of Lamar Advertising and Chris lverson as VP and General Manager
of Lamar spoke in favor of the text amendment. Jennifer Sloan and Gene Bird of Bird Signs
spoke in opposition to the proposed Ordinance. An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section z~-3.11
Schedule of Sign Regulations for Off-Premise Signs and adopting a new Section 4-3.11
Schedule of Sign Regulations for the Off-Premise Sings in lieu thereof, pertaining to increasing
the spacing between off-premise signs from 100 feet to 750 feet, presented and read.
Nicholson moved to table action on this Ordinance and to refer it back to the Zoning Advisory
Commission. Seconded by Buol. Carried by the following vote: Yeas--Duggan, Michalski,
Nicholson, Buol, Cline. Nays--Markham, Robbins.
4
Five Flags Theater Renovation - Award Contract: Proofs of publication on notice of
hearing on plans and specs and notice to bidders on the receipt of bids for construction of
the Five Flags Theater Renovation Project and City Manager recommending to award contract
for the project to Klauer Construction Company in the amount of $699,950, upon motion
received and filed. Buol moved adoption of Resolution No. 59-01 Adopting plans and
specifications for project and Resolution No. 60-01 Awarding contract for project to Klauer
Construction Company in the amount of 9699,950. Seconded by Michalski. Motion carried
7-0.
Allan J. Becker - Request to Vacate: Proof of publication on notice of public hearing to
consider disposing of City interest in Lot 2A of Bradley Place, Dubuque, Iowa and
communication of City Manager recommending approval of the disposition to Allen J. Becker,
representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc., upon motion received
and filed. Robbins moved adoption of Resolution No. 61-01 Disposing of City interest in Lot
2A of Bradley Place, Dubuque, Iowa. Seconded by Markham. Motion carried 7-0.
Area Residential Care, Inc. - Request to Vacate: Proof of publication on notice of public
hearing to consider disposing of City interest in Lot 2A of Block 15 of River Front Subdivision
No. 3 of Bradley Place, Dubuque, Iowa and communication of City Manager recommending
approval of the disposition to Area Residential Care, Inc., upon motion received and filed.
Markham moved adoption of Resolution No. 62-01 Disposing of City interest in Lot 2A of
' Block 15 of River Front Subdivision No. 3, Dubuque, Iowa. Seconded by Nicholson. Motion
carried 7-0.
Thomas Luksetich and Steve Smith - Request to Vacate: Proof of publication on notice
of public hearing to consider disposing of City interest in Lot lA of Block 13 of River Front
Subdivision No. 3, Dubuque, Iowa and communication of City Manager recommending
approval of the disposition to Thomas Luksetich and Steve Smith, representing Talass, L.L.C.,
upon motion received and filed. Buol moved adoption of Resolution No. 63-01 Disposing of
City interest in Lot lA of Block 13 of River Front Subdivision No. 3, Dubuque, Iowa.
Seconded by Robbins. Motion carried 7-0.
Lease with United Rentals, Inc.: Proof of publication on notice of public hearing to
consider disposing of City interest in real property and City Manager recommending approval
of a lease with United Rentals, Inc. for property located at 301 Iowa Street, upon motion
received and filed. Robbins moved adoption of Resolution No. 64-01 Disposing of an
interest in real property by lease with United Rentals, Inc. Seconded by Nicholson. Motion
carried 7-0.
Upon motion it was resolved to reinstate the rule limiting discussion to Council.
ACTION ITEMS
Bressler Outdoor Advertising: Communication from Jennifer Sloan, General Counsel for
Bressler Outdoor Advertising requesting to address the Council regarding the issuance of a
building permit to construct a sign structure at 3220 Dodge Street, presented and read.
5
Attorney Jennifer Sloan, 170 W. Fairbanks Ave., Winter Park, FI as counsel for Bressler
Advertising spoke requesting issuance of the building permit. Nicholson moved to direct
the Building Department to issue the permit upon receipt of the plans. Seconded by
Markham. Carried by the following vote: Yeas--Buol, Duggan, Michalski, Markham,
Nicholson, Robbins. Nays--Cline,
Amendments to the Historic Preservation Ordinance: Communication of the Historic
Preservation Commission and the Preservation Task Force recommending amendments to the
Historic Preservation Ordinance, upon motion received and filed. Terry Mozena, Chair of
the Historic Preservation Comm. spoke requesting adoption of the amendments. An
Ordinance amending Chapter 2§ (Historic Preservation) of the Code of Ordinances of the City
of Dubuque, presented and read. Cline moved that this be considered the first reading of
the Ordinance. Seconded by Buol. Motion carried 7-0.
Initiatives to Support Historic Preservation in Dubuque: Communication of the Historic
Preservation Commission and the Preservation Task Force recommending initiatives to
support historic preservation in Dubuque, presented and read. Buol moved that the
communication be received and filed and that they approve the recommendation supporting
the initiatives.
Jaycees/Peosta Channel Trail Project: City Manager recommending to lower the height of
the levee where appropriate for construction of the Dubuque Jaycees/Peosta Channel Trail
Project, upon motion received and filed. Buol moved adoption of Resolution No. 65-01
Approving a request to lower the height of the levee where appropriate for the construction
of the Dubuque Jaycees/Peosta Channel Trail Project. Seconded by Nicholson. Motion
carried 7-0.
National League of Cities: Communication from the National League of Cities appointing
Council Member Dan Nicholson to the Information Technology and Communications (ITC)
Steering Committee for the League, upon motion received and filed.
Certificates of Completion - CIGNA: City Manager recommending approval of two
Certificates of Completion for the CIGNA project, upon motion received and filed and
concurred with recommendation1
COUNCIL MEMBER REPORTS
Michalski thanked the Council and Staff for their good wishes at the time of her recent
surgery. Duggan expressed appreciation for the $30 Million grant from Vision Iowa.
Markham stated that the presentation for the Vision Iowa grant request was great, an
outstanding job done by the presenters.
ITEMS TO BE SET FOR PUBLIC HEARING
City of Dubuque Fiscal Year 2002 Budget: City Manager recommending that a public
hearing be set for March 6, 2001 to consider adoption of the Fiscal Year 2002 budget and
6
the Five Year Capital Improvement Program, upon motion received and filed. Buol moved
adoption of Resolution No. 66-01 Setting the date of the public hearing on the Fiscal Year
2002 budget for the City of Dubuque and Resolution No. 67-01 Setting the date of public
hearing on the Five Year Capital Improvement Program, with both dates being Tuesday,
March 6, 2001 at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to
publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried
7-0,
Mississippi River Discovery Center Utility Relocation Project - Initiate: City Manager
recommending initiation of the bidding process for the Mississippi River Discovery Center
Utility Relocation Project and that a public hearing be held on March 19, 2001, upon motion
received and filed and approved recommendation. Buol moved adoption of Resolution No.
68-01 Preliminary approval of plans and specifications; Resolution No. 69-01 Fixing date
of hearing on plans and specifications and Resolution No. 70-01 Ordering bids and further set
this Public Hearing for 3/19/01 at 6:30 P.M. in the Public Library Auditorium and direct the
City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
1999 P.C. Concrete Paving Project - No. I (Bryant, Booth, and Van Buren) Reconstruction
Project - Acceptance: City Manager recommending acceptance of the PCI I (Bryant, Booth,
and Van Buren) Reconstruction Project in the final contract amount of 92,160,641.20 and
recommending that a public hearing be held on April 2, 2001 on a new watermain and
sanitary sewer assessment added to the project at the request of a property owner, upon
motion received and filed and concurred with recommendation. Buol moved adoption of:
Resolution No. 71-01 of Necessity; Resolution No. 72-01 Setting date of hearing on
Resolution of Necessity for April 2, 2001; Resolution No. 73-01 Fixing date of hearing on
plans and specifications for April 2, 2001; Resolution No, 74-01 Accepting improvement;
Resolution No. 75-01 Approving final estimate of 92,160,641.20; Resolution No. 76-01
Approving preliminary final schedule of assessments and further set the Public Hearings for
4/2/01 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 9:04 P.M. Council went into Closed Session re: Property Acquisition and Litigation that
is Imminent (iowa Code Chapter 21-.5(1)(j)(c).
At 9:35 P.M. Council reconvened Regular Session.
There being no further business, upon motion meeting adjourned at 9:36 P.M.
Jeanne F. Schneider
City Clerk
It 2/28
7