Minutes Council 6 17 02CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, June 17, 2002
Council met for Dinner at 5:00 P.M. in the Library Rotunda
At 5:30 P.M. Council met in Special Session 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 a special session of the City Council called for
the purpose of discussing the Owner-Occupied Affordable Housing Committee Report.
City Housing and Community Development Director David Harris spoke giving a point by point
clarification of the report. Staff was directed to continue the work in this area.
There being no further business, upon motion special session adjourned at 6:28 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
-----------------------------------------------------------------------------------------------------------------------------
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, June 17, 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 A. Lindahl.
Mayor Duggan read the call and stated this is a regular session of the City Council called for
the purpose of discussing such matters which may properly come before the City Council.
Invocation was given by Reverend Merlin Schlichting, Pastor, St. Peter Lutheran Church.
CONSENT ITEMS
Minutes Submitted: City Council of 6/3 and 6/10; Civil Service of 5/8; Electrical Code Board
of 5/20; Historic Preservation Commission of 5/16; Mechanical Board of 5/23; Park and
Recreation Commission of 5/14; Zoning Board of Adjustment of 5/23, upon motion received and
filed. Proofs of publication of City Council Proceedings for May 6 and 20, 2002; and List of
Claims and Summary of Revenues for month ending April 30, 2002, upon motion received and
filed. Finance Director submitting the City of Dubuque Financial Reports for the month ending
May 31, 2002, upon motion received and filed.
1
Notice of Claims/Suits: Robert Clement in estimated amount of $145.03 for vehicle damage;
Cottingham and Butler in estimated amount of $89.95 for vehicle damage; Jason Duehr in
estimated amount of $3,600 for vehicle damage; Neil Kelley in estimated amount of $10,000 for
property damage; Neil Nelson in estimated amount of $15,000 for personal injury; Dubuque
Bank and Trust vs. Richard White, City of Dubuque, Housing Services Department, Dupaco
Community Credit Union, Appliance Furniture Rent All and State of 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: Cottingham and
Butler (for Jeanne Heinzelman) for personal injury; Jason Duehr for vehicle damage; and Neil
E. Kelley for property damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Marissa Schultz in the amount
of $511.40 for vehicle damage and directing the Finance Director to issue payment, upon
motion received and filed and directed Finance Director to issue proper payment.
Corporation Counsel recommending that the claim of Cindy Frommelt for vehicle damage be
forwarded to Portzen Construction, upon motion received and filed and concurred.
Citizen Communications: a) Communication from Brian J. Kane expressing appreciation for
the City’s efforts in controlling storm water in the Admiral Street area; b) Communication from
a north-end citizen regarding street repair projects in the City; c) Communication from Mary
Sack, 1700 Key Way Drive, regarding the intersection of Keyway and Pennsylvania; d)
Communication from Ken Kringle, Bluff Street Neighborhood President, requesting permission
to install ornamental historic lighting between First, Second and Bluff Streets, upon motion
received and filed and referred to the City Manager.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Medical Officer and Police Officer, upon motion received and filed and made a
matter of record.
nd
895 West 32 Street – Acceptance of Deed: Corporation Counsel recommending that the
ndnd
City accept the deed for property located at 895 West 32 for the West 32 Street Detention
Basin Improvement Project, upon motion received and filed. Buol moved adoption of Resolution
No. 302-02 Accepting the deed to certain real estate in Dubuque County, Iowa from Karen E.
Maury. Seconded by Markham. Motion carried 7-0.
Tobacco Compliance – Cops in Shops: City Manager recommending approval of a 28E
Agreement between the Police Department and the Iowa Alcoholic Beverages Division for the
Cops in Shops program, upon motion received and filed and approved.
Fiscal Year 2003 Annual Action Plan: City Manager recommending approval of a proposed
change to the City’s Community Development Block Grant Fiscal Year 2003 Annual Action Plan
to provide additional funding for the Washington Neighborhood Tool Library, upon motion
received and filed. Buol moved adoption of Resolution No. 303-02 Approving Amendment #1
to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development
Block Grant Funds. Seconded by Markham. Motion carried 7-0.
Purchase of Service Agreement – Operation: New View Community Action Agency for
Washington Neighborhood Tool Library: City Manager recommending approval of a Purchase
2
of Service Agreement with Operation: New View Community Action Agency for operation of the
Washington Neighborhood Tool Library, upon motion received and filed and approved.
nd
Vista Heights 2 Addition – Final Plat: Zoning Advisory Commission recommending approval
nd
of the final plat of Vista Heights 2 Addition in Dubuque County as requested by Frank and
Marilyn Ehrlich and Donald Skelton, upon motion received and filed. Buol moved adoption of
nd
Resolution No. 304-02 Approving the final plat of Vista Heights 2 Addition in Dubuque County,
Iowa. Seconded by Markham. Motion carried 7-0.
Harbor View Place – Certificate of Completion: City Manager recommending issuance of a
Certificate of Completion to Harbor View Development LLC, the Developer of the Harbor View
Place Project at 300 Main Street, upon motion received and filed and approved
recommendation.
Request for Qualifications – Brewery Property: City Manager recommending approval of the
issuance of a Request for Qualifications to solicit qualified developers or development teams
for the redevelopment of the former Dubuque Star Brewery Building in the Port of Dubuque,
upon motion received and filed and approved recommendation.
Bell and Fifth Streets - Iowa Department of Transportation Agreement: City Manager
recommending approval of an agreement between the City of Dubuque and the Iowa
Department of Transportation (IDOT) for financial assistance relating to the construction,
landscaping, and amenities of Bell Street and Fifth Street, upon motion received and filed.
Buol moved adoption of Resolution No. 305-02 Approving the agreement between the City of
Dubuque and the Iowa Department of Transportation for the Bell Street and Fifth Street
Construction. Seconded by Markham. Motion carried 7-0.
Jackson and Locust Streets - Iowa Department of Transportation Agreement: City Manager
recommending approval of an agreement between the City of Dubuque and the Iowa
Department of Transportation (IDOT) for financial assistance relating to the resurfacing of
Jackson Street and West Locust Street, upon motion received and filed. Buol moved adoption
of Resolution No. 306-02 Approving the agreement between the City of Dubuque and the Iowa
Department of Transportation for the Jackson Street and West Locust Street resurfacing.
Seconded by Markham. Motion carried 7-0.
2002 Local Law Enforcement Block Grant Application: City Manager recommending
approval of the 2002 Local Law Enforcement Block Grant application to the Bureau of Justice
Assistance, upon motion received and filed and approved.
City of Dubuque Representation: Communication from Corporation Counsel regarding the
issue of conflict of interest and the City’s legal representation, upon motion received and filed
and approved.
Iowa Utilities Board: Communication of City Manager Michael C. Van Milligen to the Iowa
Utilities Board regarding the electric rate increase request of Interstate Power and Light
Company (Alliant Energy Company), upon motion received and filed.
3
City Manager Employment Agreement: Submittal of the Eleventh Amendment to the City
Manager’s Employment Agreement for approval, upon motion received and filed and approved.
Dubuque County Historical Society: Communication from the Dubuque County Historical
Society requesting that the City sponsor a grant application to the National Scenic Byways
Program in the amount of $475,500 to improve the exhibits at the Fred W. Woodward Riverboat
Museum, upon motion received and filed and approved request.
Aquila: Communication from Marvin Oppedal, Director of Community Relations for Aquila,
advising of a rate increase request filed on June 3, 2002 with the Iowa Utilities Board, upon
motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 307-02 Granting the issuance of
eight renewal permits to sell cigarettes and cigarette papers within the City; Resolution No.
308-02 Granting the issuance of a Class “B” Beer Permit to Pizza Hut (2075 John F. Kennedy
th
Road and 320 East 20 Street); Class “C” Beer Permit to Kwik Stop Food Mart (1401 Central);
and Class “B” Special Event 5-Day Event Permit to Dubuque Jaycees; and Resolution No.
309-02 Granting issuance of a Class “C” Beer/Liquor License to Fischer Lanes, B’Z Dart Inn,
Paul’s Tavern, American Legion #6, and Knicker’s Saloon; and Class “B” Wine Permit to Ooh
La La. Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
LONG RANGE PLANNING ADVISORY COMMISSION: (Two 3-years terms to expire 7/1/05 –
terms of Portzen and Rusk). Applicants: Michael E. Portzen, David Rusk. Mr. Rusk spoke
requesting consideration for appointment. Mr. Portzen had conveyed he could not attend the
meeting.
PARK AND RECREATION COMMISSION: (Two 3-year terms to expire 6/30/05 – terms of
Blocklinger and Schrobilgen): Applicants:Robert J. Blocker, Tom Blocklinger, Danita L.
Galdick, Tom Schrobilgen. Mr. Blocker, Ms. Galdick, and Mr. Schrobilgen spoke requesting
consideration for appointment.
ZONING ADVISORY COMMISSION: (Three 3-year terms to expire 7/1/05 – terms of Christ,
Schiltz, Smith). Applicants: Martha E. Christ, Ferd Nesler, Richard J. Schiltz, Ron Smith. Ms.
Christ and Ron Smith both spoke requesting consideration for appointment. Mr. Schiltz had
conveyed he could not be in attendance.
ZONING BOARD OF ADJUSTMENT: (One 5-year term to expire 3/25/07 – term of Beeler)
Applicant: William J. Felderman. No one spoke.
Appointments to the following Commissions:
ELECTRICAL CODE BOARD (Five 3-year terms/Five vacancies): Applicants: James Dixon,
Dan Hammel, Kevin Pfohl, David A. Pregler, Elaine L. Reiss. Upon motion Mr. Dixon, Mr.
Hammel, Mr. Pfohl, Mr. Pregler, and Ms. Reiss all were reappointed to three year terms to
expire 5/21/05.
ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION: (One 1-year youth term)
Applicant: Michael Hirsch. Upon motion Mr. Hirsch appointed to the one year term which will
expire 6/1/03.
4
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council if they
so desire.
University of Dubuque – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located on the north side of U.S. Highway 20, 300 feet east of
Devon Drive from PC Planned Commercial District to ID Institutional District to allow
construction of a new soccer field and parking lot and Zoning Advisory Commission
recommending approval, upon motion received and filed.
Tracy Wagner, 256 S. Grandview, Dennis Waugh of IIW, and Alan Burr, 256 S. Grandview, all
spoke in support of the request and clarified various points.
Ordinance No. 48-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located north of Dodge
Street between Devon Drive and Collins Street from PUD Planned Unit Development District
with a PC Planned Commercial Designation to ID Institutional District and approving an
amended Conceptual Development Plan for the University of Dubuque, 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
Upon motion it was resolved to remove the following from the table.
Randy Davis – 840 Roosevelt Street – Request to Rezone (Tabled on 4/15/02) Proof of
publication on notice of hearing to consider rezoning property located at 840 Roosevelt Street
from R-1 Single Family Residential District to CS Commercial Service and Wholesale District at
the request of Randy Davis and Zoning Advisory Commission recommending denial, and an
Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying property located at 840 Roosevelt Street from R-1 Single Family
Residential District to CS Commercial Service and Wholesale District, presented and read.
Michalski moved to table this matter indefinitely. Seconded by Nicholson. Vote on the motion
was as follows: Yeas—Duggan, Markham, Michalski. Nays—Buol, Cline, Connors, Nicholson.
Motion failed 3-4.
Nicholson moved to concur with the recommended denial. Seconded by Cline. Carried by the
following vote: Yeas—Buol, Cline, Connors, Nicholson. Nays—Duggan, Markham, Michalski.
South Fork Sanitary Sewer - Phase III Connection Fees: Proof of publication on notice of
hearing to consider an ordinance to establish the South Fork Sanitary Sewer Project – Phase III
schedule of connection fees and City Manager recommending approval, upon motion received
and filed.
Tom Hinz, 14277 Green Hill Drive, as a representative of the Barrington Lakes Assn., spoke
objecting to the possibility of the City running the sewer to this area, and noted that the letter
was unclear.
Ordinance No. 49-02 Establishing a schedule of sewer connection fees for the connection of
property to the South Fork Sanitary Sewer Project – Phase III, 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
5
suspended and further moved final consideration and passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Cable Franchise Lease Extension: Proof of publication on notice of hearing and City Manager
recommending that the existing cable services franchise and an existing hub site lease
agreement with MCCIowa, L.L.C. be extended to September 30, 2002, upon motion received
and filed. Ordinance No. 50-02 Extending the term of the existing cable franchise agreement
and hub site lease of MCCIowa, L.L.C. to September 30, 2002, 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
Nicholson. Motion carried 7-0.
Dubuque County Historical Society: Proof of publication on notice of hearing and City
Manager recommending approval of the First Amendment to the Lease Agreement between the
City of Dubuque and the Dubuque County Historical Society, presented and read. Michalski
moved adoption of Resolution No. 310-02 Disposing of an interest in real property by First
Amendment to Lease Agreement with the Dubuque County Historical Society. Seconded by
Connors. Motion carried 7-0.
Woodward Museum Renovations 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 three of the six components for the Woodward Museum Renovations
Project and that the remaining three components be rejected, a Resolution Adopting plans and
specifications for the project and a Resolution Awarding contract to Renaissance Restoration,
Inc., Rafoth Sheet Metal, Inc., and Simplex Grinnell, Inc., presented and read.
Mr. Don Meek, of Technical Specialty Systems Corp. in Cedar Rapids, spoke objecting to the
bid information process. Jeff Jackson, of Alan Jackson Tuckpointing, spoke requesting that all
bids be thrown out, citing the bid bond form as being unclear.
Cline moved to receive and file the communications and adopt the Resolutions. Seconded by
Buol. Vote on the motion was as follows: Yeas—Buol, Michalski. Nays—Nicholson, Cline,
Connors, Duggan, Markham. Motion failed 2-5.
Nicholson moved to reject all bids and call for rebidding the project as soon as possible.
Seconded by Markham. Carried by the following vote: Yeas—Buol, Cline, Connors, Duggan,
Markham, Nicholson. Nays—Michalski.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Penalties for Tobacco Permit Holders: Council consideration of assessing civil penalties
against nine tobacco permit holders, and the appeals against the Liquor Depot and McCann’s
IOCO to be tabled pending legal action, presented and read. Markham moved that the
penalties be assessed for the tobacco permit holders and to table consideration of the appeals
against the Liquor Depot to July 1, 2002, and McCann’s IOCO pending outcome of legal action.
Seconded by Michalski. Motion carried 7-0.
6
th
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
th
located at 45 West 13 Street to provide parking for the planned rehabilitation of the Bell Block
and Ziepprecht Buildings (former Walsh Store), and communication from the State Historical
th
Society of Iowa advising that the structure located at 45 West 13 Street does not possess
architectural or historical attributes that would qualify it for listing in the National Register of
Historic Places, upon motion received and filed and approved demolition.
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 Ziepprecht Buildings (former Walsh Store) and
communication from the State Historical Society of Iowa advising that the structure located at
1300 – 1322 Iowa Street does not possess architectural or historical attributes that would
qualify it for listing in the National Register of Historic Places, upon motion received and filed
and approved demolition.
Transmission Pole Relocation: City Manager recommending approval of the relocation of a
major lattice structure transmission pole to thirty feet north of its current location in the Port of
Dubuque to allow construction of the Bell Street Extension and the reconstruction of Pine
Street, presented and read. Michalski moved to table action on this matter. Seconded by Buol.
Motion carried 7-0.
Convention and Visitors Bureau: Communication from the Convention and Visitors Bureau
requesting that a second City Council Member be appointed to the Convention and Visitors
Bureau Advisory Board, upon motion received and filed and selected Joyce Connors as the
second Council appointee.
COUNCIL MEMBER REPORTS
Markham requested an update on the Fengler Street Overpass Project. Nicholson reported
that he had been asked to go on a Boss Lift to Norfolk. Cline requested an update on the NW
Arterial Construction project.
ITEMS TO BE SET FOR PUBLIC HEARING
2002 Curb Ramp Installation – CDBG Project: City Manager recommending initiation of the
bidding process for the 2002 Curb Ramp Installation – CDBG Project I and setting a public
hearing for July 15, 2002, upon motion received and filed. Michalski moved adoption of
Resolution No. 311-02 Preliminary approval of plans and specifications; Resolution No. 312-
02 Fixing date of hearing on plans and specifications for 7/15/02 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. 313-02 Ordering bids. Seconded by Nicholson. Motion
carried 7-0.
2002 Maintenance Dredging Project – Ice Harbor Flood Control Gate Structure: City Manager
recommending initiation of the bidding process for the Ice Harbor Flood Control Gate Structure
– 2002 Maintenance Dredging Project and setting a public hearing for July 15, 2002, upon
7
motion received and filed. Michalski moved adoption of Resolution No. 314-02 Preliminary
approval of plans and specifications; Resolution No. 315-02 Fixing date of hearing on plans
and specifications for 7/15/02 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. 316-02 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
Heritage Trail Extension Project: City Manager recommending initiation of the bidding
process for the Heritage Trail Extension Project and setting a public hearing on the plans and
specifications for July 15, 2002, upon motion received and filed. Michalski moved adoption of
Resolution No. 317-02 Preliminary approval of plans and specifications; Resolution No. 318-
02 Fixing date of hearing on plans and specifications for 7/15/02 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. 319-02 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
Bell Street and Fifth Street Construction Project: City Manager recommending initiation of the
bidding process for the Bell Street and Fifth Street Construction Project and setting a public
hearing for July 15, 2002, upon motion received and filed. Michalski moved adoption of
Resolution No. 320-02 Preliminary approval of plans and specifications; Resolution No. 321-
02 Fixing date of hearing on plans and specifications for 7/15/02 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. 322-02 Ordering bids. Seconded by Nicholson. Motion
carried 7-0.
Jackson Street and West Locust Street Resurfacing Project: City Manager recommending
initiation of the bidding process for the Jackson Street and West Locust Street Resurfacing
Project and setting a public hearing for July 15, 2002, upon motion received and filed.
Michalski moved adoption of Resolution No. 323-02 Preliminary approval of plans and
specifications; Resolution No. 324-02 Fixing date of hearing on plans and specifications for
7/15/02 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. 325-02 Ordering bids.
Seconded by Nicholson. Motion carried 7-0.
Sale of City Lots – Napier Street: City Manager recommending that a public hearing be set for
July 1, 2002 to consider a request from Robert J. Cartmill and Glenn and Georgia Bankson to
purchase Lots 138 and 139 of Mechanic’s Addition on the north side of Napier Street, upon
motion received and filed. Michalski moved adoption of Resolution No. 326-02 of Intent to
dispose of City interest in Lots 138 and 139 of Mechanic’s Addition and further set this disposal
for public hearing on 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. 327-02 Approving a plat of easement for storm and sanitary sewers across Lot
138 and Lot 139 of Mechanic’s Addition in the City of Dubuque, Dubuque County, Iowa.
Seconded by Nicholson. Motion carried 7-0.
At 8:38 P.M. there being no further business, Buol moved to adjourn. Seconded by Michalski.
Motion carried 7-0.
/s/ Jeanne F. Schneider, CMC
City Clerk
8
1t 6/26
9