2 5 01 City Council Minutes CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 5, 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 Anthony Noel, Pastor of Abundant Harvest
Church of God.
Ralph Vedder of Divine Word Seminary in Epworth, introduced two students with
a group of students from France who addressed the Council expressing
appreciation for this introduction to our city government.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 12/28/00, 1/03, and 1/08; Cable
Community Teleprogramming Commission of 1/9; City Council of 1/11 and 1/15;
Civil Service Commission of 12/27/00; Environmental Stewardship Advisory
Commission of 1/9; Five Flags Commission of 12/18/00 and 1/15/01; Housing
Commission Trust Fund of 1/18; Human Rights Commission of 11/13/00;
Investment Oversight Commission of 1/18; Long Range Planning Advisory
Commission B Downtown Planning Committee of 1/8; Park and Recreation
Commission of 1/9; Transit Board of 1/17, upon motion received and filed.
Proof of Publication for Council Proceedings of 1/2/00, 1/11, and 1/15; upon
motion received and filed. Printed Council Proceedings for December 2000,
upon motion approved as printed.
Finance Director submitting the Financial Reports for the month ending
December 31, 2000; Quarterly Report of the Investment Oversight Advisory
Commission, upon motion received and filed. Substance Abuse Services Center
Second Quarter Report, upon motion received and filed.
Notice of Claims/Suits: Ross Ball in estimated amount of $270 for property damage; Thomas J.
and Michelle M. Frick in undetermined amount for vehicle damage and personal injuries; Grove
Tool, Inc. in estimated amount of $209 for vehicle damage; Kathleen M. Kane in estimated
amount of $48.74 for vehicle damage; Mackenzie Kylmanen for personal injuries; Kelly Larson in
undetermined amount for vehicle damage; Lois Link in undetermined amount for personal
injuries; Mercy Health Center in estimated amount of $191.20 for property damage; Kim Mesch in
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estimated amount of $367.41 for property damage; Monte Carlo Restaurant in undetermined
amount for loss of business; Brian C. Noel in undetermined amount for vehicle damage; Mary C.
Oglesby in undetermined amount for personal injuries; Susan A. Walgamuth in undetermined
amount for vehicle damage, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vicki Bechen for property
damage; Ronnie Hess for vehicle damage; Thomas and Michelle Frick for vehicle damage; State
Farm Insurance for property damage; The Shot Tower Inn for loss of business; and John
Vollenweider for vehicle damage, upon motion received and filed and concurred with disposition.
Corporation Counsel recommending settlement of the claims of David and Monica Ackley in the
amount $275.53 for vehicle damage; Grove Tool, Inc. in the amount of $209 for vehicle damage;
Kelly LeFevour in the amount of $114.18 for tire damage; and Mercy Medical Center in the
amount of $191.20 for property damage, upon motion approved settlement and Finance Director
be directed to issue the appropriate checks.
Corporation Counsel recommending denial of the property damage claim of Ross Ball; the
property damage claim of Don Ernzen; and the vehicle damage claim of Rhonda Gotto;
Corporation Counsel recommending that the sewer backup claim of Dolores M. Kotz be referred
to Tschiggfrie Excavating Company, upon motion received and filed and concurred with the
disposition.
Corporation Counsel advising that the property damage claim of Phil Meyer has been forwarded
to County Attorney Fred McCaw for payment, upon motion received and filed.
Citizen Communications: Communication of Peter Seitz regarding radon levels within the City;
Communications of Dick Wertzberger and Walter Pregler regarding the Town Clock Plaza issue,
upon motion received and filed.
Plastic Center, Inc./United Rental Property: City Manager recommending approval of a
Purchase Agreement with Plastic Center, Inc. for purchase of the United Rental Property, upon
motion received and filed and concurred with recommendation.
Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess, Agency
Secretary, submitting the tipping fees and budget for the Dubuque Metropolitan Area Solid Waste
Agency Landfill for Fiscal Year 2002, upon motion received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for the positions
of Information Technology Specialist and Truck Driver, upon motion received and filed and
resolved to make this a matter of record.
City Manager submitting the fifth edition of the annual ARiver Town Rents@ survey from the
Housing Trust Fund Committee, upon motion received and filed.
Eighth Street B Acceptance: City Manager recommending acceptance of the Eighth Street
Reconstruction Project in the final contract amount of $1,169,718.88, upon motion received and
filed. Buol moved adoption of Resolution No. 21-01 Approving final estimate and Resolution No.
22-01 Accepting improvement; and Resolution No. 23-01 Adopting the final assessment schedule
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for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) 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 Robbins. Motion carried 7-0.
RISE Application B Chavenelle Road Extension West from Seippel Road: City Manager
recommending approval of a RISE Grant application for a new Chavenelle Road extension west
from Seippel Road into the westerly 40 acres of the Dubuque Industrial Center West, upon
motion received and filed. Buol moved adoption of Resolution No. 24-01 Endorsing the
submission of a Revitalize Iowa=s Sound Economy (RISE) Application to the Iowa Department of
Transportation for the extension of Chavenelle Road west from Seippel Road. Seconded by
Robbins. Motion carried 7-0.
Excess Risk Insurance Policy: City Manager recommending approval of the Excess Risk
Insurance Policy with Allianz for the City=s health, prescription drug and dental insurance plans,
upon motion received and filed and approved recommendation.
Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease
agreement with the Tri-State Modelers for a section of the former Roosevelt Park, upon motion
received and filed and approved lease.
Five Flags Theater Rest Room Renovation Project B Acceptance: City Manager recommending
acceptance of the Five Flags Theater Rest Room Renovation Project in the final contract amount
of $142,968.10, upon motion received and filed. Buol moved adoption of Resolution No. 25-01
Accepting Improvement and Resolution No. 26-01 Approving final estimate. Seconded by
Robbins. Motion carried 7-0.
Five Flags Center Lavatory Stations Replacement Project: City Manager recommending
acceptance of the Five Flags Center Lavatory Stations Replacement Project in the final contract
amount of $38,959, upon motion received and filed. Buol moved adoption of Resolution No. 27-
01 Accepting Improvement and Resolution No. 28-01 Approving Final Estimate. Seconded by
Robbins. Motion carried 7-0.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development (HUD) advising of the City=s revised allocations
for various HUD programs, upon motion received and filed.
Expansion of the Bottle Bill: Communication from the Environmental Stewardship Advisory
Commission supporting the continuation and expansion of the Iowa Beverage Container Deposit
Law, upon motion received and filed. Buol moved adoption of Resolution No. 29-01 Supporting
the expansion of the Iowa Beverage Container Deposit Law. Seconded by Robbins. Motion
carried 7-0.
Iowa Department of Transportation: Communication from the Iowa Department of Transportation
advising that they have received the City=s letter regarding hospital signing on U.S. 20 in
Dubuque and offering to meet with Mayor Terry Duggan, upon motion referred to the City
Manager.
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Communication of City Manager to Senator Thomas Flynn urging active opposition to Senate File
47 which discourages the granting of additional cable television franchises in Iowa communities,
upon motion received and filed and concurred.
Harbor Community Investment: City Manager recommending acceptance of the warranty deed
from Harbor Community Investment, LLC, upon motion received and filed. Buol moved adoption
of Resolution No. 30-01 Accepting Warranty Deed for real estate in Dubuque County, Iowa from
Harbor Community Investment, LLC. Seconded by Robbins. Motion carried 7-0.
Quarterly Investment Report: City Manager submitting the Quarterly Investment Report, upon
motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 31-01 Granting issuance of a Class
AC@ Beer/Liquor License to Town Clock Inn, Chi-Chi=s Mexican Restaurant, Hammerheads
Bar/Billiards, Goetz=s, Best Western Dubuque Inn, Pusateri=s, and Busted Lift; and Class AB@
Wine Permit to EconoFoods #471 and Resolution No. 32-01 Granting issuance of a Class AC@
Beer Permit to Dubuque Discount Gas (2), Oky Doky #8, and EconoFoods #471. Seconded by
Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
INTERVIEWS for the following Boards/Commissions:
BUILDING CODE BOARD OF APPEALS (2 Vacancies): Chuck Carr (General Contractor);
Richard Luchsinger (At-Large). Mr. Luchsinger spoke.
COMMUNITY DEVELOPMENT ADVISORY COMMISSION (4 Vacancies): James Giesen (At-
Large); Charles Isenhart (Census Tract #1).
ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Art Sunleaf.
Mr. Sunleaf spoke.
APPOINTMENTS to the following Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Leslee
Spraggins. Upon motion Leslee Spraggins appointed to an unexpired three year term which will
expire 10-1-03.
ACTION ITEMS
Dubuque Golf and Country Club B Stop Sign Change Request: City Manager recommending
approval of a request from the Dubuque Golf and Country Club to reassign the right-of-way to
Bradley Street at Rider, and to place an additional stop sign for northbound vehicles on Perry at
Rider, upon motion received and filed. Ordinance No. 5-01 Amending the Code of Ordinances of
the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for
the addition of a stop sign on Perry Street at Rider Street and a change of designation at Rider
Street and Bradley 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 passed be suspended and further moved final consideration
and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Design Review Process B Town Clock Plaza: Communication from the Historic Preservation
Commission requesting that they be permitted to participate in the future design review process
for improvements to the Town Clock Plaza area, upon motion received and filed and approved
request to participate.
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Amendment to Building Code Demolition Districts: City Manager recommending an amendment
to the Code of Ordinances pertaining to demolition permits, upon motion received and filed.
Ordinance No. 6-01 Amending Chapter 11 (Buildings and Building Regulations) of the City of
Dubuque Code of Ordinances by amending Section 11-4 pertaining to waiting period for
demolition permits, 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.
Loras College B Right-of-Way Construction Ordinance: City Manager recommending approval of
a request from Loras College to utilize public right-of-way to install a water supply line for their
geothermal system for the new Academic Resource Center, upon motion received and filed.
Ordinance No. 7-01 Authorizing Loras College to construct a geothermal water service, 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.
Hazard Mitigation Plan: City Manager recommending appointments to the Hazard Mitigation
Plan Task Force Committee, upon motion received and filed and appointed Terry Duggan and
Dan Nicholson.
ITEMS TO BE SET FOR PUBLIC HEARING
Oak Street Sanitary Sewer: City Manager submitting documents providing for construction of the
Oak Street Sanitary Sewer Extension Project, upon motion received and filed. Buol moved
adoption of: Resolution No. 33-01 Preliminary approval of plans and specifications for project in
estimated amount of $112,344.65; Resolution No. 34-01 Fixing date of hearing on plans and
specifications for March 5, 2001; Resolution No. 35-01 Preliminary approval of Resolution of
Necessity for project; Resolution No. 36-01 Fixing date of hearing on Resolution of Necessary for
March 5, 2001 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. 37-01 Approving preliminary schedule of
assessments; Resolution No. 38-01 Ordering bids and Resolution No. 39-01 Authorizing
Eminent Domain proceedings to be initiated to acquire sanitary sewer easements for construction
of the Oak Street sanitary sewer. Seconded by Michalski. Motion carried 7-0.
Allan J. Becker B Request to Vacate: City Manager recommending that a public hearing be set
for February 19, 2001 to consider a request from Allan J. Becker, representing Oarka Corp., a/k/a
Hawkeye Boat Sales & Service, Inc., to vacate a portion of Kerper Boulevard, upon motion
received and filed. Buol moved adoption of Resolution No. 40-01 Approving plat of a portion of
Kerper Boulevard (Lot 2A of Bradley Place). Seconded by Michalski. Motion carried 7-0.
Ordinance No. 8-01 Vacating a portion of Kerper Boulevard (Lot 2A of Bradley Place), 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.
Buol moved adoption of Resolution No. 41-01 of Intent to dispose of City interest in Lot 2A of
Bradley Place, Dubuque, Iowa and further moved that this be set for public hearing on 2/19/01 at
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6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner
prescribed by law. Seconded by Michalski. Motion carried 7-0.
Area Residential Care, Inc. B Request to Vacate: City Manager recommending that a public
hearing be set for February 19, 2001 to consider a request from Area Residential Care, Inc., to
vacate a portion of Kerper Boulevard, upon motion received and filed. Buol moved adoption of
Resolution No. 42-01 Approving plat of a portion of Kerper Boulevard (Lot 2A, Block 15, River
Front Subdivision No. 3). Seconded by Michalski. Motion carried 7-0. Ordinance No. 10-01
Vacating a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3),
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. Buol moved adoption of Resolution No. 43-01 of
Intent to dispose of City interest in Lot 2A, Block 15, River Front Subdivision No. 3, Dubuque,
Iowa and further set this for public hearing on 2/19/01 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
Michalski. Motion carried 7-0.
Tomas Luksetich and Steve Smith B Request to Vacate: City Manager recommending that a
public hearing be set for February 19, 2001, to consider a request from Thomas Luksetich and
Steve Smith to vacate a portion of Kerper Boulevard, upon motion received and filed. Buol
moved adoption of Resolution No. 44-01 Approving plat of a portion of Kerper Boulevard (Lot 1A,
Block 13, River Front Subdivision No. 3). Seconded by Michalski. Motion carried 7-0.
Ordinance No. 9-01 Vacating a portion of Kerper Boulevard (Lot 1A, Block 13, River Front
Subdivision No. 3), 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. Buol moved adoption
of Resolution No. 45-01 of Intent to dispose of City interest in Lot 1A, Block 13, River Front
Subdivision No. 3, Dubuque, Iowa and further moved that this be set for public hearing on 2/19/01
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 Michalski. Motion carried 7-0.
Fiscal Year 2002 Annual Action Plan: City Manager recommending that a public hearing be set
for February 26, 2001 to consider the Fiscal Year 2002 Community Development Block Grant
Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 46-
01 Setting a public hearing on the Program Year 2001 (Fiscal Year 2002) Community
Development Block Grant (CDBG) Budget and set this public hearing for 2/26/01 at a meeting to
commence 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 Michalski. Motion carried 7-0.
United Rental Property / City of Dubuque B Proposed Lease: City Manager recommending that a
public hearing be set for February 19, 2001, to consider a proposed lease agreement between
the City and United Rentals, Inc., upon motion received and filed. Buol moved adoption of
Resolution No. 47-01 of Intent to dispose of an interest in real property by lease with United
Rentals, Inc. and further set this for public hearing on 2/19/01 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
Michalski. Motion carried 7-0.
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Amendment to Stout Place Urban Revitalization District (Iowa Inn Project): City Manager
recommending that a public hearing be set for Monday, March 5, 2001 to consider amending the
Stout Place Urban Revitalization Plan (Iowa Inn Project), upon motion received and filed. Buol
moved adoption of Resolution No. 48-01 Setting a public hearing on a proposal to amend City of
Dubuque Ordinance #12-98 Establishing the Stout Place Urban Revitalization Area as an Urban
Revitalization Area pursuant to Chapter 404 of the Code of Iowa, and that this public hearing be
set for 3/5/01 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 Michalski. Motion carried 7-0.
At 7:07 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition (Iowa
Code Chapter 21.5(1)(j).
At 7:39 P.M. Council reconvened Regular Session.
There being no further business, upon motion meeting adjourned at 7:40 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 2/14
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 5, 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 Anthony Noel, Pastor of Abundant Harvest Church of God.
Ralph Vedder of Divine Word Seminary in Epworth, introduced two students with a group of students
from France who addressed the Council expressing appreciation for this introduction to our city
government.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 12/28/00, 1/03, and 1/08; Cable Community
Teleprogramming Commission of 1/9; City Council of 1/11 and 1/15; Civil Service Commission of
12/27/00; Environmental Stewardship Advisory Commission of 1/9; Five Flags Commission of
12/18/00 and 1/15/01; Housing Commission Trust Fund of 1/18; Human Rights Commission of
11/13/00; Investment Oversight Commission of 1/18; Long Range Planning Advisory Commission B
Downtown Planning Committee of 1/8; Park and Recreation Commission of 1/9; Transit Board of
1/17, upon motion received and filed.
Proof of Publication for Council Proceedings of 1/2/00, 1/11, and 1/15; upon motion received and
filed. Printed Council Proceedings for December 2000, upon motion approved as printed.
Finance Director submitting the Financial Reports for the month ending December 31, 2000;
Quarterly Report of the Investment Oversight Advisory Commission, upon motion received and filed.
Substance Abuse Services Center Second Quarter Report, upon motion received and filed.
Notice of Claims/Suits: Ross Ball in estimated amount of $270 for property damage; Thomas J. and
Michelle M. Frick in undetermined amount for vehicle damage and personal injuries; Grove Tool, Inc.
in estimated amount of $209 for vehicle damage; Kathleen M. Kane in estimated amount of $48.74
for vehicle damage; Mackenzie Kylmanen for personal injuries; Kelly Larson in undetermined
amount for vehicle damage; Lois Link in undetermined amount for personal injuries; Mercy Health
Center in estimated amount of $191.20 for property damage; Kim Mesch in estimated amount of
$367.41 for property damage; Monte Carlo Restaurant in undetermined amount for loss of business;
Brian C. Noel in undetermined amount for vehicle damage; Mary C. Oglesby in undetermined
amount for personal injuries; Susan A. Walgamuth in undetermined amount for vehicle damage,
upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising the following claims have been referred to Public Entity Risk Services
of Iowa, the agent for the Iowa Communities Assurance Pool: Vicki Bechen for property damage;
Ronnie Hess for vehicle damage; Thomas and Michelle Frick for vehicle damage; State Farm
Insurance for property damage; The Shot Tower Inn for loss of business; and John Vollenweider for
vehicle damage, upon motion received and filed and concurred with disposition.
Corporation Counsel recommending settlement of the claims of David and Monica Ackley in the
amount $275.53 for vehicle damage; Grove Tool, Inc. in the amount of $209 for vehicle damage;
Kelly LeFevour in the amount of $114.18 for tire damage; and Mercy Medical Center in the amount
of $191.20 for property damage, upon motion approved settlement and Finance Director be directed
to issue the appropriate checks.
Corporation Counsel recommending denial of the property damage claim of Ross Ball; the property
damage claim of Don Ernzen; and the vehicle damage claim of Rhonda Gotto; Corporation Counsel
recommending that the sewer backup claim of Dolores M. Kotz be referred to Tschiggfrie Excavating
Company, upon motion received and filed and concurred with the disposition.
Corporation Counsel advising that the property damage claim of Phil Meyer has been forwarded to
County Attorney Fred McCaw for payment, upon motion received and filed.
Citizen Communications: Communication of Peter Seitz regarding radon levels within the City;
Communications of Dick Wertzberger and Walter Pregler regarding the Town Clock Plaza issue,
upon motion received and filed.
Plastic Center, Inc./United Rental Property: City Manager recommending approval of a Purchase
Agreement with Plastic Center, Inc. for purchase of the United Rental Property, upon motion
received and filed and concurred with recommendation.
Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess, Agency
Secretary, submitting the tipping fees and budget for the Dubuque Metropolitan Area Solid Waste
Agency Landfill for Fiscal Year 2002, upon motion received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of
Information Technology Specialist and Truck Driver, upon motion received and filed and resolved to
make this a matter of record.
City Manager submitting the fifth edition of the annual ARiver Town Rents@ survey from the
Housing Trust Fund Committee, upon motion received and filed.
Eighth Street B Acceptance: City Manager recommending acceptance of the Eighth Street
Reconstruction Project in the final contract amount of $1,169,718.88, upon motion received and
filed. Buol moved adoption of Resolution No. 21-01 Approving final estimate and Resolution No.
22-01 Accepting improvement; and Resolution No. 23-01 Adopting the final assessment schedule for
the Eighth Street Reconstruction Project (Locust Street to Iowa Street) 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 Robbins. Motion carried 7-0.
RISE Application B Chavenelle Road Extension West from Seippel Road: City Manager
recommending approval of a RISE Grant application for a new Chavenelle Road extension west from
2
Seippel Road into the westerly 40 acres of the Dubuque Industrial Center West, upon motion
received and filed. Buol moved adoption of Resolution No. 24-01 Endorsing the submission of a
Revitalize Iowa=s Sound Economy (RISE) Application to the Iowa Department of Transportation for
the extension of Chavenelle Road west from Seippel Road. Seconded by Robbins. Motion carried
7-0.
Excess Risk Insurance Policy: City Manager recommending approval of the Excess Risk Insurance
Policy with Allianz for the City=s health, prescription drug and dental insurance plans, upon motion
received and filed and approved recommendation.
Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease
agreement with the Tri-State Modelers for a section of the former Roosevelt Park, upon motion
received and filed and approved lease.
Five Flags Theater Rest Room Renovation Project B Acceptance: City Manager recommending
acceptance of the Five Flags Theater Rest Room Renovation Project in the final contract amount of
$142,968.10, upon motion received and filed. Buol moved adoption of Resolution No. 25-01
Accepting Improvement and Resolution No. 26-01 Approving final estimate. Seconded by Robbins.
Motion carried 7-0.
Five Flags Center Lavatory Stations Replacement Project: City Manager recommending acceptance
of the Five Flags Center Lavatory Stations Replacement Project in the final contract amount of
$38,959, upon motion received and filed. Buol moved adoption of Resolution No. 27-01 Accepting
Improvement and Resolution No. 28-01 Approving Final Estimate. Seconded by Robbins. Motion
carried 7-0.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department of
Housing and Urban Development (HUD) advising of the City=s revised allocations for various HUD
programs, upon motion received and filed.
Expansion of the Bottle Bill: Communication from the Environmental Stewardship Advisory
Commission supporting the continuation and expansion of the Iowa Beverage Container Deposit
Law, upon motion received and filed. Buol moved adoption of Resolution No. 29-01 Supporting the
expansion of the Iowa Beverage Container Deposit Law. Seconded by Robbins. Motion carried 7-
0.
Iowa Department of Transportation: Communication from the Iowa Department of Transportation
advising that they have received the City=s letter regarding hospital signing on U.S. 20 in Dubuque
and offering to meet with Mayor Terry Duggan, upon motion referred to the City Manager.
Communication of City Manager to Senator Thomas Flynn urging active opposition to Senate File 47
which discourages the granting of additional cable television franchises in Iowa communities, upon
motion received and filed and concurred.
Harbor Community Investment: City Manager recommending acceptance of the warranty deed from
Harbor Community Investment, LLC, upon motion received and filed. Buol moved adoption of
Resolution No. 30-01 Accepting Warranty Deed for real estate in Dubuque County, Iowa from
Harbor Community Investment, LLC. Seconded by Robbins. Motion carried 7-0.
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Quarterly Investment Report: City Manager submitting the Quarterly Investment Report, upon
motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 31-01 Granting issuance of a Class
AC@ Beer/Liquor License to Town Clock Inn, Chi-Chi=s Mexican Restaurant, Hammerheads
Bar/Billiards, Goetz=s, Best Western Dubuque Inn, Pusateri=s, and Busted Lift; and Class AB@
Wine Permit to EconoFoods #471 and Resolution No. 32-01 Granting issuance of a Class AC@
Beer Permit to Dubuque Discount Gas (2), Oky Doky #8, and EconoFoods #471. Seconded by
Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
INTERVIEWS for the following Boards/Commissions:
BUILDING CODE BOARD OF APPEALS (2 Vacancies): Chuck Carr (General Contractor); Richard
Luchsinger (At-Large). Mr. Luchsinger spoke.
COMMUNITY DEVELOPMENT ADVISORY COMMISSION (4 Vacancies): James Giesen (At-
Large); Charles Isenhart (Census Tract #1).
ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Art Sunleaf. Mr.
Sunleaf spoke.
APPOINTMENTS to the following Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Leslee Spraggins.
Upon motion Leslee Spraggins appointed to an unexpired three year term which will expire 10-1-03.
ACTION ITEMS
Dubuque Golf and Country Club B Stop Sign Change Request: City Manager recommending
approval of a request from the Dubuque Golf and Country Club to reassign the right-of-way to
Bradley Street at Rider, and to place an additional stop sign for northbound vehicles on Perry at
Rider, upon motion received and filed. Ordinance No. 5-01 Amending the Code of Ordinances of
the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the
addition of a stop sign on Perry Street at Rider Street and a change of designation at Rider Street
and Bradley 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 passed be suspended and further moved final consideration and passage of
the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Design Review Process B Town Clock Plaza: Communication from the Historic Preservation
Commission requesting that they be permitted to participate in the future design review process for
improvements to the Town Clock Plaza area, upon motion received and filed and approved request
to participate.
Amendment to Building Code Demolition Districts: City Manager recommending an amendment to
the Code of Ordinances pertaining to demolition permits, upon motion received and filed.
Ordinance No. 6-01 Amending Chapter 11 (Buildings and Building Regulations) of the City of
Dubuque Code of Ordinances by amending Section 11-4 pertaining to waiting period for demolition
permits, 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.
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Loras College B Right-of-Way Construction Ordinance: City Manager recommending approval of a
request from Loras College to utilize public right-of-way to install a water supply line for their
geothermal system for the new Academic Resource Center, upon motion received and filed.
Ordinance No. 7-01 Authorizing Loras College to construct a geothermal water service, 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.
Hazard Mitigation Plan: City Manager recommending appointments to the Hazard Mitigation Plan
Task Force Committee, upon motion received and filed and appointed Terry Duggan and Dan
Nicholson.
ITEMS TO BE SET FOR PUBLIC HEARING
Oak Street Sanitary Sewer: City Manager submitting documents providing for construction of the
Oak Street Sanitary Sewer Extension Project, upon motion received and filed. Buol moved
adoption of: Resolution No. 33-01 Preliminary approval of plans and specifications for project in
estimated amount of $112,344.65; Resolution No. 34-01 Fixing date of hearing on plans and
specifications for March 5, 2001; Resolution No. 35-01 Preliminary approval of Resolution of
Necessity for project; Resolution No. 36-01 Fixing date of hearing on Resolution of Necessary for
March 5, 2001 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. 37-01 Approving preliminary schedule of
assessments; Resolution No. 38-01 Ordering bids and Resolution No. 39-01 Authorizing Eminent
Domain proceedings to be initiated to acquire sanitary sewer easements for construction of the Oak
Street sanitary sewer. Seconded by Michalski. Motion carried 7-0.
Allan J. Becker B Request to Vacate: City Manager recommending that a public hearing be set for
February 19, 2001 to consider a request from Allan J. Becker, representing Oarka Corp., a/k/a
Hawkeye Boat Sales & Service, Inc., to vacate a portion of Kerper Boulevard, upon motion received
and filed. Buol moved adoption of Resolution No. 40-01 Approving plat of a portion of Kerper
Boulevard (Lot 2A of Bradley Place). Seconded by Michalski. Motion carried 7-0. Ordinance No.
8-01 Vacating a portion of Kerper Boulevard (Lot 2A of Bradley Place), 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.
Buol moved adoption of Resolution No. 41-01 of Intent to dispose of City interest in Lot 2A of
Bradley Place, Dubuque, Iowa and further moved that this be set for public hearing on 2/19/01 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 Michalski. Motion carried 7-0.
Area Residential Care, Inc. B Request to Vacate: City Manager recommending that a public
hearing be set for February 19, 2001 to consider a request from Area Residential Care, Inc., to
vacate a portion of Kerper Boulevard, upon motion received and filed. Buol moved adoption of
Resolution No. 42-01 Approving plat of a portion of Kerper Boulevard (Lot 2A, Block 15, River Front
Subdivision No. 3). Seconded by Michalski. Motion carried 7-0. Ordinance No. 10-01 Vacating a
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portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3), 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. Buol moved adoption of Resolution No. 43-01 of Intent to dispose of
City interest in Lot 2A, Block 15, River Front Subdivision No. 3, Dubuque, Iowa and further set this
for public hearing on 2/19/01 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 Michalski. Motion carried 7-0.
Tomas Luksetich and Steve Smith B Request to Vacate: City Manager recommending that a public
hearing be set for February 19, 2001, to consider a request from Thomas Luksetich and Steve Smith
to vacate a portion of Kerper Boulevard, upon motion received and filed. Buol moved adoption of
Resolution No. 44-01 Approving plat of a portion of Kerper Boulevard (Lot lA, Block 13, River Front
Subdivision No. 3). Seconded by Michalski. Motion carried 7-0. Ordinance No. 9-01 Vacating a
portion of Kerper Boulevard (Lot lA, Block 13, River Front Subdivision No. 3), 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. Buol moved adoption of Resolution No. 45-01 of Intent to dispose of
City interest in Lot lA, Block 13, River Front Subdivision No. 3, Dubuque, Iowa and further moved
that this be set for public hearing on 2/19/01 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 Michalski. Motion
carried 7-0.
Fiscal Year 2002 Annual Action Plan: City Manager recommending that a public hearing be set for
February 26, 2001 to consider the Fiscal Year 2002 Community Development Block Grant Annual
Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 46-01 Setting
a public hearing on the Program Year 2001 (Fiscal Year 2002) Community Development Block Grant
(CDBG) Budget and set this public hearing for 2/26/01 at a meeting to commence 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 Michalski. Motion carried 7-0.
United Rental Property / City of Dubuque B Proposed Lease: City Manager recommending that a
public hearing be set for February 19, 2001, to consider a proposed lease agreement between the
City and United Rentals, Inc., upon motion received and filed. Buol moved adoption of Resolution
No. 47-01 of Intent to dispose of an interest in real property by lease with United Rentals, Inc. and
further set this for public hearing on 2/19/01 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 Michalski. Motion
carried 7-0.
Amendment to Stout Place Urban Revitalization District (Iowa Inn Project): City Manager
recommending that a public hearing be set for Monday, March 5, 2001 to consider amending the
Stout Place Urban Revitalization Plan (Iowa Inn Project), upon motion received and filed. Buol
moved adoption of Resolution No. 48-01 Setting a public hearing on a proposal to amend City of
Dubuque Ordinance #12-98 Establishing the Stout Place Urban Revitalization Area as an Urban
Revitalization Area pursuant to Chapter 404 of the Code of Iowa, and that this public hearing be set
for 3/5/01 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 Michalski. Motion carried 7-0.
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At 7:07 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition (Iowa
Code Chapter 21.5(1 )(j).
At 7:39 P.M. Council reconvened Regular Session.
There being no further business, upon motion meeting adjourned at 7:40 P.M.
It 2/14
/s/Jeanne F. Schneider
City Clerk
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