8 5 02 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 5, 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 Sister Joy Peterson, President of the Sisters of the Presentation.
Proclamations: Responsible Gaming Education Week (August 5–9, 2002) received by Bruce
Wentworth and Carrie Zaber; United Way Campaign Time (August 12–October 31, 2002)
received by Rick Dickinson; and Downtown Month in Dubuque (August 2002) received by David
Rusk.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 6/24 and 7/11; City Council of 7/15 and 7/23; Civil
Service Commission of 7/2; Community Development Advisory Commission of 6/5; Electrical Code
Board of 7/15; Five Flags Commission of 6/17; Housing Commission Trust Fund Committee of
7/18; Human Rights Commission of 6/19; Investment Oversight Commission of 7/25; Library Board
of Trustee’s of 4/25 and 5/23; Municipal Housing Agency of 7/15; Park and Recreation
Commission of 7/9; Zoning Advisory Commission of 7/10, upon motion received and filed.
Printed Council Proceedings for March and April, 2002, upon motion approved as printed.
Finance Director submitting the Financial Reports for the month ending June 30, 2002, upon
motion received and filed.
Proof of publication of City Council Proceedings for July 1, 2002, upon motion received and filed.
Quarterly report of the Dubuque Area Chamber of Commerce Convention and Visitors Bureau,
upon motion received and filed.
Notice of Claims/Suits: Paula Deiter in estimated amount of $249.10 for vehicle damage;
Catherine Heinz in estimated amount of $3,942.75 for property damage; Monica Heri in estimated
amount of $2,786.74 for vehicle damage; Kenneth and Jane Lange in undetermined amount for
vehicle damage; James H. Jones in estimated amount of $672.74 for vehicle damage; Marge
Ogelsby in undetermined amount for personal injury; Carl Till in estimated amount of $60.00 for
property damage; Jim and Nancy Stock, and Mary Lou Mulgrew vs the City of Dubuque and the
Zoning Board of Adjustment; Donna Vaske in estimated amount of $88.63 for vehicle damage,
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: James A. Daniel for
personal injury; Design Center, Inc. for expenses incurred due to construction of the Third Street
Parking Ramp; Monica Heri for vehicle damage; Catherine Heinz for property damage; Mary
McAleece Fuhrman for property damage; Kenneth A. Lange for vehicle damage, upon motion
received and filed and concurred.
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Corporation Counsel recommending settlement of the claim of James H. Jones for vehicle
damage; Cottingham and Butler Insurance for vehicle damage and the Finance Director to issue
payment, upon motion received and filed and concurred, directing Finance Director to issue
proper payment.
Corporation Counsel recommending that the claim of Paula Deiter for vehicle damage be
referred to Hamel Parking Lot Service and the claim of Donna Vaske for vehicle damage be
referred to W.C. Stewart Construction Company, upon motion received and filed and concurred.
Citizen Communications:
a. Communication of Kathleen Spangler, 3475 Sunset Park Circle, expressing concerns related
to the proposed extension of Bonson Road, upon motion received and filed and referred to the
City Manager.
b. Communication of George and Helen Weinberg, 3460 Sunset Park Circle, expressing
concerns related to the proposed extension of Bonson Road, upon motion received and filed and
referred to the City Manager.
c. Communication of Gary and Doris Vogel, 3466 Sunset Park Circle, regarding the scheduled
street construction project to extend Bonson Road, upon motion received and filed and referred to
the City Manager.
d. Communication from Dubuque-Jackson Counties Habitat for Humanity regarding storm water
run-off on Nevada Street and YM/YW Drive, upon motion received and filed and referred to the
City Manager.
e. Communication of Amy Pascual regarding Cable TV service and problems along Highway 20,
upon motion received and filed and referred to the City Manager.
Vacant Buildings Status Report: City Manager submitting the Vacant Buildings Status Report
from the Housing and Community Development Department, upon motion received and filed.
Supplement No. 55 to the Code of Ordinances: City Manager recommending adoption of
Supplement No. 55 to the City of Dubuque Code of Ordinances, upon motion received and filed.
Buol moved adoption of Resolution No. 382-02 Adopting Supplement No. 55 to the Code of
Ordinances of the City of Dubuque, Iowa. Seconded by Markham. Motion carried 7-0.
Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for the
period April 1, 2002 through June 30, 2002, upon motion received and filed.
Sign Agreement with Grand Opera House: City Manager recommending approval of an
agreement with the Grand Opera House for the installation and management of a new community
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sign to be located on 8 Street, upon motion received and filed and approved recommendation.
American Red Cross: Communication from the American Red Cross expressing appreciation to
the City for the contribution for the Emergency Response Vehicle, upon motion received and filed.
Iowa Utilities Board – Cost Sharing of Legal Expenses: City Manager recommending that the
City participate in joint representation and sharing of legal costs with the Cities of Grinnell,
Newton, Mason City and Washington, Iowa in the proceedings before the Iowa Utilities Board as a
result of a request for a rate increase and equalization of rates by Interstate Power and Light
Company, upon motion received and filed. Buol moved adoption of Resolution No. 383-02
Authorizing the execution of an agreement for cost sharing in legal expenses. Seconded by
Markham. Motion carried 7-0.
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Loras College – Acceptance of Easement for Public Sidewalk: City Manager recommending
acceptance of an easement from Loras College for a public sidewalk along Loras Boulevard
adjacent to the Academic Resource Center between Cox Street and Alta Vista, upon motion
received and filed. Buol moved adoption of Resolution No. 384-02 Accepting an Easement for
public sidewalk (Part of Lot 2 of the Subdivision of Mineral Lot 90) on Loras Boulevard to the City
of Dubuque, upon motion received and filed. Seconded by Markham. Motion carried 7-0.
John F. Kennedy Reconstruction – City/County Funding Agreement: City Manager
recommending approval of a City/County Funding Agreement for the John F. Kennedy
Reconstruction Project in the estimated amount of $157,583.05, upon motion received and filed.
Buol moved adoption of Resolution No. 385-02 Approving the agreement between the City of
Dubuque and Dubuque County for the construction of John F. Kennedy Road from the Northwest
Arterial to Barony Road. Seconded by Markham. Motion carried 7-0.
Dredged Material Placement Permit: City Manager recommending approval of a Dredged
Material Placement Permit with the U.S. Army Corps of Engineers for the replacement of dredge
material along the shoreline of Miller-Riverview Park, upon motion received and filed and
approved.
University of Iowa – Site Access Agreement: City Manager recommending approval of a Site
Access Agreement with the University of Iowa to allow University of Iowa Hygienic Lab personnel
access to a northern branch of Catfish Creek from City property near Seippel Road, upon motion
received and filed and approved recommendation.
Dubuque Main Street – Grant Application: City Manager recommending that the City endorse an
application from Main Street Ltd. to the Iowa Department of Economic Development/Main Street
Iowa for a Main Street Iowa Challenge Grant in the amount of $50,000 for an Upper Main District
residential development project, upon motion received and filed and approved recommendation.
McGraw Hill – Acceptance of Gazebo Plat and Deed: City Manager recommending acceptance
of the Gazebo property from R/W Dubuque, LLC (developers of the McGraw-Hill facility) and
approval of a plat incorporating the gazebo property into the John G. Bergfeld Recreation Area at
the Dubuque Industrial Center West, upon motion received and filed. Buol moved adoption of
Resolution No. 386-02 Accepting a conveyance of property on Chavenelle Road (Lot 2-5 of
Dubuque Industrial Center West) to the City of Dubuque, Iowa and Resolution No. 387-02
Approving Plat of Survey of Lot H of Dubuque Industrial Center West. Seconded by Markham.
Motion carried 7-0.
Business Licenses:
Michalski moved to table action on the The Busted Lift liquor license for outdoor service.
Seconded by Nicholson. Carried by the following vote: Yeas—Cline, Connors, Michalski,
Nicholson. Nays—Duggan, Markham, Buol.
Nicholson moved adoption of Resolution No. 388-02 Granting the issuance of one new permit to
sell cigarettes and cigarette papers within the City to Sumbal Corporation; Resolution No. 389-
02 Granting the issuance of a Class “B” Beer (Special Event) Permit to Dubuque Area Labor
Management (Tent A and B in Town Clock Plaza), Music N More;, Dubuque Jaycees (Tent A, B
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and C in Town Clock Plaza), and Riverfest; and Class “C” Beer Permit to Kwik Stop Food Mart,
Amoco Food Shop, IOCO Speede Shoppe, and Sumbal Corporation; and Resolution No. 390-02
Granting issuance of a Class “C” Beer/Liquor License to Shannon’s Bar & Grill, Los Aztecas
Mexican Restaurant, and Special Class “C” (BW) Liquor License to Choo Choo Charlie’s Pizza;
and Class “C” Beer/Liquor License (1 Day Special Outdoor Event) to Jumper’s Sports Bar (Blues
Fest), with the exclusion of the listed “The Busted Lift – Outdoor Service.” Seconded by
Michalski.. Carried by the following motion: Yeas—Cline, Connors, Michalski, Nicholson. Nays—
Duggan, Markham, Buol.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commissions:
ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION: (One vacant 3-year term to
expire 10/1/03). Applicant: Andrea Bixler. Ms. Bixler spoke requesting consideration for
appointment.
HISTORIC PRESERVATION COMMISSION (Three 3-year unexpired terms) Applicant: John E.
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Whalen (West 11 District). Dr. Whalen had conveyed he could not be in attendance.
HOUSING COMMISSION (Three 3-year terms to expire 8/17/05 – Neustadt, Swift, Vacant)
Applicant: Harry Neustadt. No one spoke.
Appointments to the following Board:
TRANSIT BOARD OF TRUSTEES (Three 3-year terms of Enderson, Lightcap, and Sand to
expire 7/30/05) Applicants: George O. Enderson, Joel Lightcap, Michael W. Sand Upon motion
Enderson, Lightcap and Sand were reappointed.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
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Vacating Petition – Portion of 12 Street: Proof of publication on notice of hearing and City
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Manager recommending that the City dispose of interest in a portion of City-owned property at 12
Street west of Bluff Street to Greg and Peggy Stover for the amount of $943.68, plus publication
and filing fees, upon motion received and filed. Cline moved adoption of Resolution No. 391-02
Disposing of City interest in Lot 760A and Lot 776B of McDaniel’s Subdivision, Dubuque, Iowa.
Seconded by Connors. Motion carried 7-0.
Wayne and Lynn Stewart – Rezoning Request: Proof of publication on notice of hearing to
consider rezoning property located at 8000 Old Highway Road from R-1 Single-Family Residential
District to CS Commercial Service and Wholesale District and Zoning Advisory Commission
recommending denial of the request and an Ordinance Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located at 8000 Old Highway Road from R-1 Single-Family Residential District to CS
Commercial Service and Wholesale District, presented and read. Attorney Flint Drake,
representing Wayne Stewart, spoke in favor of the rezoning. Kevin Kotz, 14969 Old Highway
Road, Tom McIntyre, 15105 Old Highway Road, Janelle Kotz, 13969 Old Highway Road, Mike
Chapman, 12761 Seippel Road, Mason Cate, 12271 Seippel Road, Joe Fleckenstein, 15133 Old
Highway Road, Sandi Welsh, 14986 Old Highway Road, all spoke in opposition to the proposed
rezoning.
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After Council discussed the proposed rezoning, Buol moved to concur with the denial.
Seconded by Markham. Motion carried 7-0.
Wayne and Lynn Stewart Rezoning Request Concurrent with Annexation: Proof of publication
on notice of hearing to consider rezoning property located along Old Highway Road from County
M-1 Industrial (with conditions) to City LI Light Industrial District at the request of Wayne and Lynn
Stewart and Zoning Advisory Commission recommending denial of the request; Proof of
publication on notice of hearing to consider a voluntary annexation request of Wayne and Lynn
Stewart in conjunction with rezoning and City Manager recommending approval of the voluntary
annexation, an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located along Old Highway
Road from Dubuque County M-1 Industrial with conditions to City of Dubuque LI Light Industrial
District, concurrent with annexation and a Resolution Annexing certain property, presented and
read. Markham moved to concur with denial of the rezoning and deny annexation. Seconded by
Markham. Carried by the following vote: Yeas—Cline, Connors, Markham, Nicholson, Buol.
Nays—Duggan, Michalski.
University of Dubuque – Rezoning Request: Proof of publication on notice of hearing to consider
rezoning property located at 441 McCormick Street from R-1 Single-Family Residential District to
ID Institutional District at the request of the University of Dubuque and Zoning Advisory
Commission recommending approval of the request, upon motion received and filed.
Tracey Wagner, Vice President of Finance for the University of Dubuque, spoke in support of the
rezoning.
Ordinance No. 58-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at 441 McCormick Street
from R-1 Single-Family Residential District to ID Institutional District, 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 Markham. Motion
carried 7-0.
Lamar Advertising – Off Premise Signs Text Amendment: Proof of publication on notice of
hearing to consider a request from Jim Schumacher, Lamar Advertising, to amend the Zoning
Ordinance regarding off-premise signs and Zoning Advisory Commission recommending denial,
and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by repealing Section 4-3.2(39) Definition of Off-Premise Signs and adopting a new
Section 4-3.2(39) Definition of Off-Premise Signs in lieu thereof, presented and read. Jim
Schumacher of Lamar Advertising, 1690 Elm St., spoke requesting the change citing verbal
miscommunication as to the concept of “on-premise signage.” Attorney Mike Coyle, representing
Hyundai, stressed that the particular sign in question is an “off-premise sign” and any other
interpretation of the Ordinance is inappropriate. Buol moved to receive and file the proof and
communication and to concur with the denial. Seconded by Michalski. Motion carried 7-0.
Wartburg Place Reconstruction 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 to Portzen Construction, Inc., in the amount of $464,434.43, upon motion received
and filed.
Tim Conlon, 480 Wartburg Place, spoke requesting that no sidewalks be installed on the east
side and that the Council has petitions to that effect, also stating there already is a sidewalk on
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the west side. Dave Horstmann of Wartburg Seminary, spoke in support of the project but stated
there is no need for the sidewalk.
Cline moved adoption of the Resolutions. Seconded by Nicholson. Motion failed by the
following vote: Yeas—Nicholson. Nays—Buol, Cline, Connors, Duggan, Markham, Michalski.
Markham moved adoption of Resolution No. 392-02 Adopting plans and specifications for the
project, as amended to exclude the sidewalks; Resolution No. 393-02 Awarding contract to
Portzen Construction; and Resolution No. 394-02 With respect to the adoption of the Resolution
of Necessity proposed for the Wartburg Reconstruction Project. Seconded by Buol. Motion
carried 7-0.
Local Law Enforcement Block Grant Funds: Proof of publication on notice of hearing and City
Manager recommending acceptance of the 2002 Local Law Enforcement Block Grant Funds, upon
motion received and filed and approved recommendation.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
ArTS Dubuque: Representatives of ArTS Dubuque, a cooperative effort of the Dubuque
Museum of Art, Dubuque Symphony Orchestra and the Grand Opera House, to address the
Council to encourage the City to include arts and cultural organizations in the 2003 – 2004 top ten
priorities to be set at the City Council’s goal setting in August, upon motion received and filed.
Bob Woodward spoke asking that the Arts be included in the top 10 list of priorities to support in
the City. Geri Schaefer of the Dubuque Museum of Art, Penny Roeder of the Dubuque Symphony
and Chris Chapin-Tilton of The Grand Opera House all spoke requesting the City’s financial
support.
Ken Kringle Historic Preservation Award: Historic Preservation Commission recommending
approval of the creation of a Ken Kringle Historic Preservation Award to promote the preservation
of historic buildings and architectural resources in the community, upon motion received and filed.
Buol moved adoption of Resolution No. 395-02 Approving the creation of the Ken Kringle Historic
Preservation Award. Seconded by Michalski. Motion carried 7-0.
Woodward Museum – 2002 Renovations Project: City Manager recommending award of the six
construction contracts associated with the Woodward Museum – 2002 renovations project, upon
motion received and filed. Cline moved adoption of Resolution No. 396-02 Adopting plans and
specifications; Resolution No. 397-02 Awarding Contract #1 (Masonry Tuckpointing); Resolution
No. 398-02 Awarding Contract #2 (Roof, Gutters and Downspouts); Resolution No. 399-02
Awarding Contract #3 (Carpentry); Resolution No. 400-02 Awarding Contract #4 (HVAC);
Resolution No. 401-02 Awarding Contract #5 (Plumbing and Sprinkler); Resolution No. 402-02 N
Awarding Contract #6 (Electrical). Seconded by Nicholson. Motion carried 7-0.
Outdoor Service of Alcoholic Beverages on Public Right-of-Way: City Manager recommending
approval of criteria for use of public right-of-way for outdoor service of alcoholic beverages
relating
to long-term use of City property, upon motion received and filed and approved criteria with
additional criteria regarding litter cleanup and appropriate lease of area to be used.
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Special Event Insurance Grant: City Manager recommending approval of proposed criteria for a
Special Event Grant Program for events held on public right-of-way that require insurance, upon
motion tabled and referred to Staff to review the standards.
Mississippi River National Education and Conference Center – Cascading Stairs: City Manager
requesting Council direction on the design and height of the proposed signage on both sides of
the cascading stairs being constructed near the Mississippi River National Education and
Conference Center, upon motion received and filed and directed that no lettering be done.
Downtown Planning Committee Membership: Long Range Planning Commission requesting
Council approval of the membership for the Downtown Planning Committee of the Long Range
Planning Commission, upon motion received and filed and approved membership as presented.
Bee Branch Drainage Basin Master Plan Request for Proposals (RFP) City Manager
recommending approval to solicit proposals to develop a Drainage Basin Master Plan for the Bee
Branch Watershed Basin and further recommending that Dr. Charles Winterwood be appointed
chairperson of the Citizen Advisory Committee to be formed as part of the project, upon motion
received and filed and approved recommendation.
Heritage Trail Extension Project: City Manager recommending award of the contract for the
Heritage Trail Extension Project to Tschiggfrie Excavating in the amount of $609,726.65 and
directing staff to prepare a change order for the removal of the route along Volunteer Drive at a
cost of $87,356.25, upon motion received and filed. Nicholson moved adoption of Resolution No.
403-02 Awarding contract. Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Request to Purchase City-Owned Property – Joseph Feltes: City Manager recommending that a
public hearing be set for August 19, 2002 to consider a request from Joseph G. Feltes to purchase
City-owned property located between his property at 2616 Stafford and Linwood Cemetery, upon
motion received and filed. Michalski moved adoption of Resolution No. 404-02 of Intent to
dispose of City interest in Lot 4A of Mineral Lot 472, Dubuque, Iowa and set this for public hearing
on 8/19/02 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. Seconded by Nicholson. Motion
carried 7-0.
Lenox Addition – Sale of City Property: City Manager recommending that a public hearing be set
for August 19, 2002 to consider disposing of City-owned property located in Lenox Addition to Eric
and Bonita Timmerman, upon motion received and filed. Michalski moved adoption of Resolution
No. 405-02 of Intent to dispose of City interest in Lot 130 of Lenox Addition, Dubuque, Iowa and
set this for public hearing on 8/19/02 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. Seconded by
Nicholson. Motion carried 7-0.
Birch Acres – Sale of City Property: City Manager recommending that a public hearing be set for
August 19, 2002 to consider disposing of City-owned property located in Birch Acres to Jeff
Arensdorf, upon motion received and filed. Michalski moved adoption of Resolution No. 406-02
of Intent to dispose of City interest in Lot 3 Block 9 Birch Acres and Lot 4 Block 9 Birch Acres,
Dubuque, Iowa and set this public hearing for 8/19/02 at a meeting to commence at 6:30 P.M. in
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the public library auditorium and that the City Clerk publish notice in the manner prescribed by
law. Seconded by Nicholson. Motion carried 7-0.
Flora Pool Painting Project – Initiate: City Manager recommending initiation of the bidding
process for the Flora Pool Painting Project and setting a public hearing for September 3, 2002,
upon motion received and filed. Michalski moved adoption of Resolution No. 407-02 Preliminary
approval of plans and specifications; Resolution No. 408-02 Fixing date of hearing on plans and
specifications for 9/3/02 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. 409-
02 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
West Locust Street Storm Sewer Improvements – Initiate: City Manager recommending initiation
of the bidding process for the West Locust Street Storm Sewer Improvements Project and setting
a public hearing for September 3, 2002, upon motion received and filed. Michalski moved
adoption of Resolution No. 410-02 Preliminary approval of plans and specifications; Resolution
No. 411-01 Fixing date of hearing on plans and specifications for 9/3/02 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. 412-02 Ordering bids. Seconded by Nicholson.
Motion carried 7-0.
Ice Harbor West Road / Walk Construction Project: City Manager recommending initiation of the
bidding process for the Ice Harbor West Road / Walk Construction Project and setting a public
hearing for September 16, 2002, upon motion received and filed. Michalski moved adoption of
Resolution No. 413-02 Preliminary approval of plans and specifications; Resolution No. 414-02
Fixing date of hearing on plans and specifications for 9/16/02 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. 415-02 Ordering bids. Seconded by Nicholson. Motion
carried 7-0.
There being no further business, upon motion meeting adjourned at 10:14 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/14
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