8 19 02 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 19, 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,
Assistant City Manager Cindy Steinhauser, Corporation Counsel Barry Lindahl.
Absent: City Manager Michael Van Milligen
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 Father Lyle Wilgenbusch, Pastor, St. Joseph the Worker Church.
Proclamation: Tour de Dubuque Day (August 24, 2002) received by Mike Martin, Hospice of
Dubuque and Kevin Pike of the Custom Riders for Hospice of Dubuque.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 7/29; City Council of 8/5; Housing Trust Fund
Committee of 7/30; Human Rights Commission of 7/8; Investment Oversight Advisory Commission of
7/25, upon motion received and filed.
Proof of publication of City Council Proceedings of 7/15 and 7/23 and Municipal Housing Agency of
7/15, upon motion received and filed.
Printed Council Proceedings for May, 2002, upon motion approved as printed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending July 31,
2002, upon motion received and filed.
Substance Abuse Services Center Fourth Quarter Report, upon motion received and filed.
Notice of Claims/Suits: Dan Junk in estimated amount of $220 for vehicle damage; Wells Fargo
Home Mortgage vs. City of Dubuque et al, upon motion received and filed and referred to the Legal
Staff for investigation and report.
Corporation Counsel advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Marge Oglesby for personal
injury, upon motion received and filed.
Corporation Counsel recommending settlement of the claim of Carl Till for property damage and
that the Finance Director issue payment, upon motion received and filed and directed Finance
Director to issue proper payment.
Voluntary Annexation Request: Request of Jack Borchers, Chair of Trustees for Grandview
Avenue United Methodist Church, requesting the voluntary annexation of a 26.398 acre parcel of
property to the City of Dubuque, upon motion received and filed and referred to the City Manager.
Cable Community Teleprogramming Commission: Communication from Dave Wanamaker advising
that he will not be renewing his position on the Cable Community Teleprogramming Commission,
upon motion received and filed and accepted with regret.
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Historic Preservation Priorities for City Council Goal Setting Session: Communication from the
Historic Preservation Commission requesting that the City Council consider various historic
preservation priorities at the August goal setting session, upon motion received and filed.
Plat of Survey – West Ridge Third Addition: Zoning Advisory Commission recommending approval
of the Plat of Survey of Lot 1 and Lot A of West Ridge Third Addition, a Division of Lot 1-12,
inclusive, and Lot 13-A of West Ridge Second Addition at the request of Larry Miller, upon motion
received and filed. Buol moved adoption of Resolution No. 416-02 Approving Plat of Survey of Lot
1 and Lot A of West Ridge Third Addition, a Division of Lot 1-12, inclusive, and Lot 13-A of West
Ridge Second Addition in the City of Dubuque. Seconded by Michalski. Motion carried 7-0.
Downtown Master Plan: City Manager recommending approval of a grant application to the Iowa
Department of Economic Development in the amount of $25,000 for preparation of a Downtown
Master Plan, upon motion received and filed.
Dave Rusk, member of the Long Range Planning Commission and Downtown Planning Committee,
spoke in full support of the grant application and gave history of the fund raising.
Buol moved adoption of Resolution No. 417-02 Authorizing Iowa Department of Economic
Development grant application for Downtown Master Plan. Seconded by Michalski. Motion carried
7-0.
Fiscal Year 2003 Budget Amendment – Human Rights Department: City Manager recommending
approval of an amendment to the Human Rights Department’s Fiscal Year 2003 budget to reflect the
receipt of HUD contract amounts, upon motion received and filed and approved.
Irrevocable License – 2900 Jackson: City Manager recommending approval of a right-of-way
encroachment request from Carole A. Swift, 2900 Jackson, to enclose an existing exterior stairway
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on the 29 Street side of her building, upon motion received and filed and approved
recommendation.
Citizen Communication: Communication from Rich Wallace, District Manager for American Family
Insurance, regarding free parking downtown on weekends, upon motion received and filed. Connors
requested information about the difference in revenue if free parking was offered on Saturdays.
Steinhauser explained about the City’s Courtesy Parking Ticket program.
HUD Partnership Initiative: City Manager recommending approval of a contract between the
Human Rights Department and the Disability Management Consulting Group, L.L.C. to perform
accessibility audits of multi-family housing, which is a Housing and Urban Development (HUD)
partnership initiative previously approved by Council, upon motion received and filed and approved
recommendation.
GIS Data Use Agreement: City Manager recommending approval of an agreement between the
City of Dubuque and Dubuque County for the sharing of Geographical Information System (GIS)
data, upon motion received and filed and approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 418-02 Granting the issuance of Class
“B” Beer Permit to Tri-State Golf Center, Inc.; Class “C” Beer Permit to Sids Beverage Store, Inc.,
Mulgrew Oil Company, TMF Company, Oky Doky #21 LLC; and Class “B” Beer (5 Day Special
Event) Permit to Dubuque Jaycees (Tent A, B and C) and Resolution No. 419-02 Granting the
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issuance of Class “C” Beer/Liquor License to Clarke College, Lucky 13 Tap, Cedars Grill &
Steakhouse; Class “B” Wine Permit to TFM Company (Oky Doky #6 and #2); and Class “C” (5 Day
Special Event) Beer Permit to Carlos O’Kelly’s (Dragon Boat Festival). Seconded by Michalski.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commissions:
Historic Preservation Commission (Three 3-year unexpired terms); Applicant: Christopher R.
Scheopner (Cathedral District). Mr. Scheophner spoke requesting consideration for appointment.
Housing Commission (Three 3-year terms to expire 8/17/05); Applicant: Floyd Schneider. No one
spoke.
Appointments to the following Commissions:
Environmental Stewardship Advisory Commission (One vacant 3-year term to expire 10/1/03)
Applicant: Andrea Bixler. Upon motion Andrea Bixler appointed to the unexpired term to expire
10/1/03.
Historic Preservation Commission (Three 3-year unexpired terms); Applicant: John E. Whalen
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(West 11 District). Upon motion John E. Whalen appointed to the W. 11 District unexpired term
which will expire 7/1/04.
Housing Commission (Three 3-year terms to expire 8/17/05 – Neustadt, Swift, Vacant); Applicant:
Harry Neustadt. Upon motion Harry Neustadt reappointed to a three year term which will expire
8/17/05.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if
they so desire.
Request to Purchase City-Owned Property – Joseph Feltes: Proof of publication on notice of public
hearing and City Manager recommending approval of 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. Markham moved adoption of Resolution No. 420-02 Disposing of City
interest in Lot 4A of Mineral Lot 472, Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Lenox Addition – Sale of City Property: Proof of publication on notice of public hearing and City
Manager recommending approval of the disposal of City-owned property located in Lenox Addition to
Eric and Bonita Timmerman, upon motion received and filed. Markham moved adoption of
Resolution No. 421-02 Disposing of City interest in Lot 130 of Lenox Addition, Dubuque, Iowa.
Seconded by Nicholson. Carried by the following vote: Yeas—Buol, Connors, Duggan, Markham,
Michalski, Nicholson, Buol. Nays—Cline.
Birch Acres – Sale of City Property: Proof of publication on notice of public hearing and City
Manager recommending approval of the disposal of City-owned property located in Birch Acres to
Jeff Arensdorf, upon motion received and filed. Buol moved adoption of Resolution No. 422-02
Disposing of City interest in Lot 3 Block 9 Birch Acres and Lot 4 Block 9 Birch Acres, Dubuque, Iowa.
Seconded by Markham. Motion carried 7-0.
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Alpine Park – Planned Unit Development Amendment: Proof of publication on notice of hearing to
consider amending the PUD Planned Unit Development for Alpine Park community, south of
Tanzanite Drive, to allow a 12-foot by 25-foot sign and to place sidewalk along one side of the street
only and Zoning Advisory Commission recommending approval, upon motion received and filed.
Ed Tschiggfrie spoke in favor of the proposed Ordinance.
Ordinance No. 59-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by amending Ordinance No. 72-98 establishing the PUD Planned Unit Development
District with a PR Planned Residential Designation for Alpine Heights Mobile Home Park by
modifying requirements for signage and installation of sidewalks, 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 Cline. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Kane Street – Parking Issue: Request of June Strueber, 2806 Katrina Circle, to address the City
Council regarding parking problems on Kane Street in the vicinity of Pine Knolls, upon motion
received and filed.
June Strueber, 2806 Katrina Circle, representing nine families, spoke to their request.
Communication from Donald Sisler, Principal of Wahlert High School, requesting to be part of any
discussion of the parking problems, upon motion received and filed.
Cline moved that the communications be referred to the City Manager. Seconded by Nicholson.
Motion carried 7-0.
River’s Edge Plaza – Amendment to Code of Ordinances: City Manager recommending approval of
an amendment to the City of Dubuque Code of Ordinances to prohibit swimming adjacent to the
River’s Edge Plaza, upon motion received and filed. Ordinance No. 60-02 Amending Section 10-36
Activities Prohibited by adding a new paragraph (d) Prohibiting swimming or wading in the waters
adjacent to the Rivers Edge Plaza and by renumbering former Paragraph (d) as Paragraph (e);
amending Section 10-23, Boat Landing Areas; and amending Section 10-24, Mooring 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
Connors. Carried by the following vote: Yeas—Buol, Connors, Duggan, Markham, Michalski,
Nicholson. Nays—Cline.
Skateboard Ordinance: City Manager recommending approval of an amendment to the City of
Dubuque Code of Ordinances which authorizes the City Manager to designate and post signs in
areas where skateboarding, skating and riding bicycles and scooters are prohibited, upon motion
received and filed. Ordinance No. 61-02 Amending Section 32-250 of the City of Dubuque Code of
Ordinances prohibiting certain non-motorized vehicles, conveyances and equipment in municipal
parking garages or lots and in certain other places by adding thereto a provision authorizing the City
Manager to designate and post signs in areas where skateboarding, skating and riding bicycles and
scooters is prohibited, 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.
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Installation of Parking Meters - Locust Street: City Manager recommending elimination of the “No
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Parking” zone on the east side of Locust Street between 2 and 3 Streets and the placement of
parking meters along this block in conformance with the existing parking meter ordinance, upon
motion received and filed. Ordinance No. 62-02 Amending Section 32-262(d) of the City of
Dubuque Code of Ordinances, prohibiting parking on designated streets or portions thereof by
deleting a portion of Locust Street, 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 Cline. Motion carried 7-0.
Embassy West Drive: City Manager recommending that Embassy West Drive be designated as a
through street, which will allow for the installation of stop signs at all of the intersecting side streets,
and a stop sign on Embassy West Drive at the north intersection of Camelot Drive and
communication from Diane Arensdorf, 3935 Creston Street, in support of the Ordinance, upon motion
received and filed. Ordinance No. 63-02 Amending the Code of Ordinances of the City of Dubuque,
Iowa, by adding Embassy West Drive to Subsection (b) of Section 32-213 thereof providing for the
designation of through streets and Ordinance No. 64-02 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 Embassy West Drive at the northerly intersection of Camelot Drive,
presented and read. Buol moved that the requirement that the proposed Ordinances be considered
and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally
passed be suspended and further moved final consideration and passage of the Ordinances.
Seconded by Connors. Motion carried 7-0.
Consultant Selection for Downtown Master Plan: City Manager recommending approval of Leland
Consulting Group as the consultant for the Downtown Master Plan, upon motion received and filed.
Markham moved adoption of Resolution No. 423-02 Authorizing contract for services for preparation
of Downtown Master Plan. Seconded by Connors. Carried by the following vote: Yeas—Buol,
Connors, Duggan, Markham, Michalski, Nicholson. Nays—Cline.
Dubuque Bank and Trust – Enterprise Zone Agreement: City Manager recommending approval of
an Enterprise Zone Agreement with the Iowa Department of Economic Development and Dubuque
Bank & Trust related to the redevelopment of the former Walsh Store Building, upon motion received
and filed. Markham moved adoption of Resolution No. 424-02 Approving an Enterprise Zone
Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and
Dubuque Bank & Trust. Seconded by Cline. Motion carried 7-0.
Downtown Dubuque Transit Alternative Analysis: City Manager recommending approval of a
contract with URS/BRW, Inc. to prepare a Downtown Dubuque Transit Alternative Analysis for the
Port of Dubuque, upon motion received and filed. Markham moved adoption of Resolution No. 425-
02 Approving the selection of a consultant to prepare a Transit Alternative Analysis for the Port of
Dubuque and authorizing the City Manager to execute a contract for said study. Seconded by
Michalski. Motion carried 7-0.
Modification to Riverwalk Design: City Manager recommending approval of design changes to the
portion of the Riverwalk yet to be completed in order to improve accessibility for older persons and
persons using wheelchairs, walkers, or other mobility devices, upon motion received and filed and
not approve the recommendation.
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Highway 151 Corridor: Communication from Rich Knepper, Mayor of the City of Cascade,
regarding the new Highway 151 Corridor and requesting City support in renaming of the highway,
upon motion received and filed and approved request. Dave Gudenkauf, a Cascade Council
member, distributed maps and spoke to the request.
COUNCIL MEMBER REPORTS
Michalski spoke of the barge tour sponsored by the Iowa Corn Growers that she and Assistant City
Manager Cindy Steinhauser attended.
Nicholson spoke of how well the various activities went for the staff liaisons from Washington DC
the previous week.
ITEMS TO BE SET FOR PUBLIC HEARING
Raven Oaks – Request to Vacate: Request of Joseph C. Weis, Arbor Glen Limited Partnership, for
the vacation of the proposed extension of Raven Oaks Drive to allow them to proceed with their
development at the end of Raven Oaks and City Manager recommending that a public hearing be set
for September 3, 2002 to consider the request, upon motion received and filed. Michalski moved
adoption of Resolution No. 426-02 Approving plat of proposed vacated portion of Raven Oaks Drive
platted in Oak Brook Development. Seconded by Cline. Motion carried 7-0. An Ordinance Vacating
the portion of Raven Oaks Drive platted in Oak Brook Development, presented and read. Michalski
moved adoption of Resolution No. 427-02 of Intent to dispose of City interest in Lot A of Oak Brook
Development, Dubuque, Iowa and further set this for Hearing on 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. Seconded by Cline. Motion carried 7-0.
Five Flags Theater Projects – Roof Replacement, Paint Exterior Façade and Replace Front Doors:
City Manager recommending initiation of the bidding process for the Five Flags Theater Projects
(Roof Replacement, Paint Exterior Façade, and Replace Front Doors) and setting a public hearing
for September 16, 2002, upon motion received and filed. Michalski moved adoption of Resolution
No. 428-02 Preliminary approval of plans and specifications - Five Flags Theater roof replacement;
Resolution No. 429-02 Fixing date of hearing on plans and specifications - Five Flags Theater roof
replacement 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; Resolution No. 430-02 Ordering
bids - Five Flags Theater roof replacement; Resolution No. 431-02 Preliminary approval of plans
and specifications - Five Flags Theater paint exterior façade project; Resolution No. 432-02 Fixing
date of hearing on plans and specifications - Five Flags Theater paint exterior façade project 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; Resolution No. 433-02 Ordering bids - Five
Flags Theater paint exterior façade project; Resolution No. 434-02 Preliminary approval of plans
and specifications - Five Flags Theater front door replacement project; Resolution No. 435-02 Fixing
date of hearing on plans and specifications - Five Flags Theater front door replacement project 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. 436-02 Ordering bids - Five
Flags Theater front door replacement project. Seconded by Cline. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 8:06 P.M.
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/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/28
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