Minutes Council 6 03 02CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
OFFICIAL
Council met for Dinner at 5:00 P.M. in the Library Rotunda
City Council, Special Session, June 3, 2002
Council met in Special Session at 5:37 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson,
City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is the special session of the City Council called for the
purpose of discussing the Stormwater Utility Fund.
A presentation was given by Dan Lau and Steve Sedgwick of CDM. Tony Zelinskas of WHKS was
also present.
At 6:28 P.M. there being no further business, upon motion special session adjourned.
/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
OFFICIAL
City Council, Regular Session, June 3, 2002
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson,
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 David Pacholke, Chaplain, The Finley Hospital.
Proclamations: Rising Stars Independent League Days (June 8 and 9, 2002) received by three
team members of “The Reds;” Apples for Students Months (June and July, 2002) received by
Tasha Weitl of St. Mark Community Center.
CONSENT ITEMS
Minutes Submitted: City Council of 5/20; Downtown Planning Committee of the Long Range
Planning Advisory Commission of 5/13; Enterprise Zone Commission of 4/25; Housing Trust Fund
of 5/10; Long Range Planning Advisory Commission of 5/15, upon motion received and filed.
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Notice of Claims/Suits: Dodds River Terminal, Inc., Molo Oil Company, Mulgrew Oil Company, D
R B E Properties, L.L.C., and Iowa Oil Company vs. City of Dubuque, Iowa and the City Council of
the City of Dubuque, Iowa; Mary M. Huseman in undetermined amount for property damage; Gary
Newt and Karen Newt, Newt Marine, Inc., Dubuque Barge and Fleeting Service, Inc. d/b/a/ Newt
Marine and Dubuque Terminals, Inc. vs. the City of Dubuque, Iowa; Marissa Schultz in estimated
amount of $511.40 for vehicle damage; Terrance J. Weidemann and Linda M. Weidemann vs. the
City of Dubuque, Iowa and the City Council of the City of Dubuque, Iowa, upon motion referred to
the Legal Staff for investigation and report.
Corporation Counsel recommending that the claim of John Noel for property damage be
forwarded to Horsfield Construction, Inc., upon motion received and filed and concurred.
Corporation Counsel recommending that the claim of John Kivlahan for property damage be
denied, upon motion received and filed and concurred.
Residential Parking Permit District Petition: Petition containing 28 signatures requesting that a
residential parking permit district be established to include all of Green Street from Asbury to
Algona and Avoca Street from Green to Cherry Street, upon motion received and filed and
referred to the City Manager.
Dubuque Racing Association: City Manager recommending approval of a request from the
Dubuque Racing Association to amend the 2002 DRA capital improvement schedule, upon motion
received and filed and approved recommendation.
Grand Opera House: Communication from the Historic Preservation Commission recommending
the nomination of the Grand Opera House to the National Register of Historic Places, upon motion
received and filed and approved recommendation.
Lead Hazard Reduction Grant: City Manager recommending execution of an application to the
U.S. Department of Housing and Urban Development for the continuation of the Lead Based Paint
Hazard Prevention Program, upon motion received and filed. Buol moved adoption of Resolution
No. 276-02 Authorizing the Mayor to execute an application for a Lead Based Paint Hazard
Reduction Grant. Seconded by Cline. Motion carried 7-0.
Healthy Homes Grant: City Manager recommending execution of an application to the U.S.
Department of Housing and Urban Development for a Healthy Homes Initiative Demonstration
Grant to promote cost-effective measures to correct multiple safety and health hazards in home
environments, upon motion received and filed. Buol moved adoption of Resolution No. 277-02
Authorizing the Mayor to execute an application for a Healthy Homes Initiative Demonstration
Grant. Seconded by Cline. Motion carried 7-0.
Hillcrest Family Services HOPES Project: City Manager recommending approval of the
publication of the Combined Notice of No Significant Impact on the Environment and Notice of
Intent to Request Release of Funds for the Hillcrest Family Services HOPES Project, upon motion
received and filed. Buol moved adoption of Resolution No. 278-02 Authorizing publication of a
Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to
Request Release of Funds for Hillcrest Family Services HOPES Project. Seconded by Cline.
Motion carried 7-0.
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Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be held on
June 17, 2002 to consider assessing the appropriate civil penalty for underage tobacco sales to
eleven tobacco permit holders, upon motion received and filed and set hearing for 6/17/02.
Algona Street Reconstruction Project: City Manager recommending adoption of the final
schedule of assessments for the Algona Street Reconstruction Project, upon motion received and
filed. Buol moved adoption of Resolution No. 279-02 Adopting the final assessment schedule for
the Algona Street Reconstruction Project including certain information required by the Code of
Iowa, specifically, the number of annual installments into which assessments are divided, the
interest of 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 Cline. Motion
carried 7-0.
Audubon Society Bulletin Board: City Manager recommending acceptance of the donation of a
bulletin board by the Dubuque Audubon Society to be installed in the park area on the west side
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of the East 15 Street Stormwater Detention Basin near the wildlife observation shelter, upon
motion received and filed and approved recommendation.
Bergfeld Recreation Area Jetty and Access Trail Project: City Manager recommending
acceptance of the Bergfeld Recreation Area Jetty and Access Trail Project in the final contract
amount of $68,779.89, upon motion received and filed. Buol moved adoption of Resolution No.
280-02 Accepting improvement and Resolution No. 281-02 Approving final estimate. Seconded
by Cline. Motion carried 7-0.
2001 Harbor Maintenance Dredging Project: City Manager recommending acceptance of the
2001 Harbor Maintenance Dredging Project in the final contract amount of $83,708.95, upon
motion received and filed. Buol moved adoption of Resolution No. 282-02 Accepting
improvement and Resolution No. 283-02 Approving final estimate. Seconded by Cline. Motion
carried 7-0.
Transfers Between City of Dubuque Bank Accounts: City Manager recommending authorization
for certain Finance Department employees to obtain information and transfer money between City
of Dubuque bank accounts, upon motion received and filed. Markham moved adoption of
Resolution No. 284-02 Authorizing certain City of Dubuque Finance Department employees to
obtain bank account information and make transfers between City of Dubuque bank accounts
within a banking institution. Seconded by Cline. Motion carried 7-0.
United States Environmental Protection Agency: Communication from the United States
Environmental Protection Agency advising that the City of Dubuque has been selected as one of
the pilots with whom EPA will pursue negotiations to award a Brownfields Assessment Pilot
cooperative agreement, upon motion received and filed.
Mediacom: Communication from Mediacom advising of a change in their channel line-up for
Dubuque customers, presented and read. Council questioned the proposed Cable changes,
especially the removal of MoviePlex – Channel 75. Duggan stated he is on record as this being
unacceptable. Nicholson moved that this communication be received and filed and that direction
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is given to send a letter of protest to Mediacom to the action of taking Ch. 75 off and also objecting
to the proposed package and rate changes. Seconded by Michalski. Motion carried 7-0.
Business Licenses: Buol moved adoption of Resolution No. 285-02 Granting the issuance of
one new permit to sell cigarettes and cigarette papers within the City to M & Z Food; Resolution
No. 286-02 Granting the issuance of twenty-nine renewal permits to sell cigarettes and cigarette
papers within the City; Resolution No. 287-02 Granting the issuance of a Class “C” Beer Permit to
Cedar Cross Amoco, Hy-Vee Store, and M & Z Food; and Resolution No. 288-02 Granting
issuance of a Class “C” Beer/Liquor License to Jake’s, Dubuque Bowling Lanes and Jym’s Bar;
Special Class “C” Liquor License to Four Seasons Buffet and Mama Cassetti’s; and Class “B”
Wine Permit to Hy-Vee Food Store. Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
Electrical Code Board (Five 3-year terms/Five vacancies); Applicants: James Dixon, Dan
Hammel, Kevin Pfohl, David A. Pregler, Elaine L. Reiss. No one spoke.
Environmental Stewardship Advisory Commission (One 1-year youth term); Applicant: Michael
Hirsch. Mr. Hirsch spoke requesting consideration for appointment.
Appointments to the following Commissions:
Civil Service Commission (Mayor appointment with Council concurrence – One 4-year term to
expire 4/6/06): Applicant:Loras Kluesner. Mayor appointed, with concurrence of Council, Loras
Kluesner for a four year term which will expire April 6, 2006.
Investment Oversight Commission: (One 3-year term to expire 7/1/05); Applicant: Charles
Spielman. Upon motion Charles Spielman reappointed to a three year term which will expire July
1, 2005.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Vacating of Henion and Helena Streets: Proof of publication on notice of hearing and City
Manager recommending approval of the vacating and sale of Helena Street and a portion of
Henion Street to Loras College, upon motion received and filed. Steve Schmall of Loras College
spoke in support of the request. Markham moved adoption of Resolution No. 289-02 Disposing of
City interest in Lots 1A and 2A of Hodgdon’s Subdivision, Dubuque, Iowa. Seconded by Cline.
Motion carried 7-0.
Old Highway 20 Water Main Extension Project: Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on the receipt of bids, and City Manager
recommending award of the contract for the Old Highway 20 Water Main Extension Project to
McDermott Excavating in the amount of $101,867.90, upon motion received and filed. Cline
moved adoption of Resolution No. 290-02 Adopting plans and specifications for the project and
Resolution No. 291-02 Awarding contract to McDermott Excavating. Seconded by Nicholson.
Motion carried 7-0.
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City Hall First Floor Remodeling Project – First Floor Ceiling: Proofs of publication on notice of
hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager
recommending award of the contract for the City Hall First Floor Remodeling Project – First Floor
Ceiling to Tricon Construction Group in the amount of $56,000, upon motion received and filed.
Cline moved adoption of Resolution No. 292-02 Adopting plans and specifications for the project
and Resolution No. 293-02 Awarding contract to Tricon Construction Group. Seconded by Cline.
Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
By request of applicant the following two items removed from the Agenda:
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45 West 13 Street – Request for Demolition Permit: Historic Preservation Commission
recommending approval of a request from Dubuque Bank and Trust to demolish a structure
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located at 45 West 13 Street to provide parking for the planned rehabilitation of the Bell Block
and Zieprrecht Buildings (former Walsh Store).
1300 – 1322 Iowa Street – Request for Demolition Permit: Historic Preservation Commission
recommending approval of a request from Dubuque Bank and Trust to demolish a structure
located at 1300 - 1322 Iowa Street (True Value) to provide parking for the planned rehabilitation of
the Bell Block and Zieprrecht Buildings (former Walsh Store).
Plumbing Code: City Manager recommending adoption of the 2000 Uniform Plumbing Code
(UPC) published by the International Association of Plumbing and Mechanical Officials (IAPMO),
upon motion received and filed. Ordinance No. 42-02 of the City of Dubuque, Iowa providing
that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 37-1
thereof and enacting a new Section 37-1 thereof pertaining to revising and reenacting a Plumbing
Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of
fees therefore, 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.
Historic Buildings Code: City Manager recommending adoption of the Dubuque Historic
Buildings Code, upon motion received and filed. Ordinance No. 43-02 Amending the City of
Dubuque Code of Ordinances Chapter 11 by adding a new Article V Historic Buildings, providing
alternative building standards for preserving or restoring buildings or structures designated as
historic buildings and providing for the administration and enforcement of said standards,
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.
International Residential Code: City Manager recommending adoption of the 2000 International
Residential Code (IRC) published by the International Code Council, Inc., six amendments
recommended by the Building Code Board of Appeals, and Appendix F, and communication from
the Environmental Stewardship Advisory Commission in support of Appendix F (Radon Control
Methods), upon motion received and filed.
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Ron Smith, as a contractor and on behalf of Homebuilders, spoke in opposition to the addition of
Appendix F – Radon control methods.
Bill Niemann, as a member of the Environmental Stewardship Advisory Commission, spoke in
support of the addition of Appendix F – Radon control methods.
Ordinance No. 44-02 Amending the Code of Ordinances, City of Dubuque, Iowa by adding and
enacting new Sections 11-5 and 11-6 thereof adopting the 2000 International Residential Code for
the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees
therefore, 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. Vote on the motion was as follows: Yeas—Nicholson,
Michalski. Nays—Buol, Cline, Connors, Duggan, Markham. Motion Failed. 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, as amended to not include Appendix F –
Radon control methods. Seconded by Buol. Motion carried 7-0.
International Building Code: City Manager recommending adoption of the 2000 International
Building Code (IBC) published by the International Code Council, Inc., upon motion received and
filed. Ordinance No. 45-02 Amending the Code of Ordinances, City of Dubuque, Iowa by
repealing Section 11-1 and Section 11-2 and enacting new Sections 11-1 and 11-2 thereof
adopting the 2000 International Building Code for the City of Dubuque, Iowa and providing for the
issuance of permits and collection of fees therefore, 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.
Electrical Code: City Manager recommending adoption of the 2002 National Electric Code
(NEC) published by the National Fire Protection Association (NFPA), upon motion received and
filed. Ordinance No. 46-02 Amending the Code of Ordinances, City of Dubuque, Iowa by
repealing Section 18-1 thereof and enacting a new Section 18-1 pertaining to revising and
reenacting an Electrical Code for the City of Dubuque, Iowa and providing for the issuance of
permits and collection of fees therefore, 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.
Heating, Air Conditioning and Ventilating (Mechanical) Code: City Manager recommending
adoption of the 2000 Uniform Mechanical Code (UMC) published by the International Association
of Plumbing and Mechanical Officials (IAPMO), upon motion received and filed. Ordinance No. 47-
02 Amending the Code of Ordinances, City of Dubuque, Iowa by repealing Section 24-1 thereof
and enacting a new Section 24-1 pertaining to revising and reenacting a Mechanical Code for the
City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore,
presented and read. Cline 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.
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Human Relations Ordinance: City Manager recommending adoption of an amendment to
Chapter 27, “Human Relations” of the Code of Ordinances to make the Ordinance more consistent
with actual practices, clarify some provisions and remove others, and tighten some sections by
removing extraneous language, presented and read. An Ordinance Amending the City Of
Dubuque Code of Ordinances Section 27-1 by substituting new definitions for “Court,” “Person,”
and “Unfair Practice or Discriminatory Practice”; by amending Section 27-23(b) Relating to
Meetings; by amending Section 27-27(4), (6) and (7) Clarifying the Powers and Duties of
Commissioners; by amending Section 27-29 Relating to the Issuance of Subpoenas; by amending
Section 27-51(1) and (2) Relating to Illegal “Aiding or Abetting”; by amending 27-52(1) Concerning
Involuntary Retirement of Persons; by amending Section 27-61 Concerning Prohibited Practices in
Accommodations or Services; by amending Section 27-72 Exemptions from Employment
Practices; by amending Section 27-81(a) Relating to Employment Prohibited Practices; by
amending Section 27-82 Concerning Exemptions to Disability Discrimination by Religious Entities
and the Family Exemptions and the Employment Prohibitions; by amending Section 27-84(e)
which changes “Transportation Employees” to “Governmental Regulations”; by amending Section
27-85(a) Relating to Prohibited Practices in Public Accommodations and Section 27-85(c)
Relating to Prohibited Practices in Public Accommodations; by Amending Section 27-111
Clarifying who can file civil rights complaints; by amending Section 27-114 Clarifying the ability of
the Director to screen complaints; by amending Section 27-116(a) Concerning the remedial action
in contested cases; by amending Section 27-117 clarifying the Section and by deleting
extraneous words; by repealing Section 27-119 Procedural Rules; by amending Section 27-121
concerning how the Chapter is to be construed; and by substituting a new definition of “Person” in
Section 27-130, 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. No vote taken on this motion.
Nicholson moved to table action on this Ordinance. Seconded by Cline. Motion carried 7-0.
Affordable Housing Task Force: City Manager providing additional information and requesting
City Council direction on the recommendations presented in the December 2001 report of the
Affordable Owner-Occupied Housing Committee, presented and read. Markham moved to
receive and file the communication and direct staff to schedule a worksession to discuss this
matter. Seconded by Nicholson. Carried by the following motion: Yeas—Buol, Cline, Connors,
Markham, Michalski, Nicholson. Nays—Duggan.
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Expansion of Parking Meter District on 8 Street and Main Street (First Reading on 5/6/02;
Second Reading on 5/20/02): An Ordinance Amending Section 32-336 of the City of Dubuque
Code of Ordinances, establishing the Municipal Parking Meter District by adding both sides of
Eighth Street from Main Street to Locust Street and both sides of Main Street from Fifth Street to
Ninth Street, presented and read. Nicholson moved final consideration and passage of the
Ordinance. Seconded by Buol. Vote on the motion was as follows: Yeas—Buol, Markham,
Nicholson. Nays—Cline, Connors, Duggan, Michalski. Motion failed.
Greater Dubuque Development Corporation: Communication from Rick Dickinson, Executive
Director of Greater Dubuque Development Corporation, requesting appointments to the GDDC
Board of Directors (currently Mayor, Council Member Dan Nicholson and Council Member Patricia
Cline, City Manager and Economic Development Director), upon motion received and filed and
reaffirmed the same appointments.
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ITEMS TO BE SET FOR PUBLIC HEARING
Education and Conference Center – Bid Package #2 Project: City Manager recommending
initiation of the bidding process for the Education and Conference Center – Bid Package #2
Project and setting a public hearing for July 1, 2002, upon motion received and filed. Cline moved
adoption of Resolution No. 294-02 Preliminary approval of plans and specifications; Resolution
No. 295-02 Fixing date of hearing on plans and specifications for 7/1/02 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; and Resolution No. 296-02 Ordering bids. Seconded by Buol. Motion
carried 7-0.
Bunker Hill Sidewalk Installation Project: City Manager recommending initiation of the bidding
process for the Bunker Hill Sidewalk Installation Project and setting a public hearing for July 1,
2002, upon motion received and filed. Cline moved adoption of Resolution No. 297-02
Preliminary approval of plans and specifications; Resolution No. 298-02 Fixing date of hearing on
plans and specifications for 7/1/02 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; and Resolution
No. 299-02 Ordering bids. Seconded by Buol. Motion carried 7-0.
The following item was deleted from the Agenda: Port of Dubuque Utility Relocation and
Extension Project – Phase III, City Manager recommending initiation of the bidding process for the
Port of Dubuque Utility Relocation and Extension Project – Phase III and setting a public hearing
for July 1, 2002; Resolution Preliminary approval of plans and specifications; Resolution Fixing
date of hearing on plans and specifications; Resolution Ordering bids.
There being no further business, upon motion meeting adjourned at 7:49 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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