10 21 02 City Council MinutesCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Monday, October 21, 2002
Council met for Dinner at 5:00 P.M. in the Second Floor Library Rotunda.
Council met in Special Session at 5:30 P.M. in the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Duggan, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen, Assistant City Attorney Tim O’Brien.
Mayor Duggan read the call and stated this is a special session of the City Council called for the
purpose of discussing the design of the proposed Public Works facility.
Don Vogt, Operations and Maintenance Manager, spoke introducing the committee members in
attendance, who were Jon Wallenkamp of Kueny Architects LLC, Bob Green, Water Plant
Manager, Mike Brekke of the Water Department, John Klosterman, Street Maintenance
Supervisor, and Rich Russell, Building Department Manager. Jon Wallenkamp then gave a
presentation on the proposed facility with Bob Green and Mike Brekke clarifying aspects of the
proposed new facility.
There being no further business, upon motion meeting adjourned at 6:09 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 21, 2002
Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen, Assistant City Attorney Tim O’Brien.
Mayor Duggan read the call and stated this is the Regular Session of the City Council called for
the purpose of discussing such matters which may properly come before the City Council.
The invocation was given by Sister Dorothy Heiderscheit, President of the Sisters of St. Francis.
Proclamations: Childhood Lead Poisoning Prevention Week (October 20 – 26, 2002) received
by Mary Rose Corrigan and Michelle Lowe; Red Ribbon Week (October 23 – 31, 2002) received
by Aaron Donath and Brett Mueller.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 9/26; City Council of 10/7; Housing Code Appeals
Board of 8/20; Human Rights Commission of 9/9; Long Range Planning Commission of 10/18;
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Plumbing Board of 10/8; Zoning Advisory Commission of 10/2; Zoning Board of Adjustment of
9/26, upon motion received and filed.
Proofs of publication of City Council Proceedings of 9/26 and List of Claims and Summary of
Revenues for month ending August 31, 2002, upon motion received and filed.
Printed City Council Official Proceedings for August, 2002, upon motion approved as printed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending
September 30, 2002, upon motion received and filed.
Notice of Claims/Suits: American Trust and Savings Bank for property damage; Paul Beyer for
property damage; Hartig Drug Company for property damage; Nancy M. and Lynn J. Kalina for
personal injury; Mike Kilcoyne for property damage; Garry Swank for property 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: American Trust and
Savings Bank for property damage and Garry Swank for property damage, upon motion received
and filed and concurred.
Corporation Counsel recommending denial of the claims of Paul Beyer for vehicle damage;
Darryl Galle for property damage; Richard J. Hartig for property damage; Marty Meisenburg for
property damage; Garry Pape for property damage; Mike Portzen of Portzen Construction for loss
of revenue, upon motion received and filed and concurred.
Citizen Communications:
Communication from Eugene F. Schmidt regarding the replacement of trees in Dubuque and
environs, upon motion received and filed and referred to the City Manager.
Communication from the Board of Directors of the Dubuque-Jackson Counties Habitat for
Humanity regarding storm water run-off problems on lots at 10 Nevada Street and 1431 YM/YW
Drive, upon motion received and filed and referred to the City Manager.
Communication from Gary W. Reid in support of the proposed Wal-Mart Store on the former FDL
property and urging the City to provide incentives, if necessary, upon motion received and filed
and referred to the City Manager.
Communication from Christopher and Jennifer Kennedy requesting to purchase a portion of City-
owned property behind 2345 Roosevelt and 2349 Roosevelt Street, upon motion received and
filed and referred to the City Manager.
United States Department of the Interior: Communication from the United States Department of
the Interior advising that the City’s application for a Fiscal Year 2002 Save America’s Treasures
Historic Preservation Fund grant for the Dubuque Shot Tower was not selected for funding, upon
motion received and filed.
International Total Services, Inc.: Communication from Scott E. Brewer, International Total
Services, Inc., advising that they have been required to cease its pre-board screening services at
the Dubuque Municipal Airport as the Federal government will be taking over this operation, upon
motion received and filed.
Tower Hills Drive: Communication from Thomas, J. Straka, representing Brian Feldman,
notifying the City that Mr. Feldman has denied a request from Ed Tschiggfrie to relinquish his
private drive at the end of Tower Hills Drive in Key West to the City for the purpose of making it a
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public street and requesting that he be notified if this subject comes before the City Council, upon
motion received and filed.
Dubuque County Board of Supervisors: Communication from Donna L. Smith, Dubuque County
Board of Supervisors, advising that they have adopted the proposed Comprehensive Land Use
Development Plan and Future Land Use Development Map, upon motion received and filed.
Mediacom: Communication from Mediacom Communications Corporation advising of a channel
line-up change, upon motion received and filed.
Fitz Place – Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of
Survey of Lots 1 through 5 of Fitz Place, located at 3232 Sheridan Road, at the request of John
Fitz, upon motion received and filed. Michalski moved adoption of Resolution No. 557-02
Approving the Plat of Survey of Lots 1 through 5 of Fitz Place. Seconded by Nicholson. Motion
carried 7-0.
Northrange Industrial Park No. 3 – Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey of Northrange Industrial Park No. 3, located on Pennsylvania
Avenue, at the request of Steve Smith, upon motion received and filed. Michalski moved adoption
of Resolution No. 558-02 Approving the Plat of Survey of Northrange Industrial Park No. 3 in the
City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Downtown Master Plan – American Architectural Foundation for Public Outreach Grant
Application: City Manager recommending approval of a $3,000 American Architectural
Foundation grant application for public outreach education programs to introduce the Downtown
Master Plan to the Dubuque community, upon motion received and filed. Michalski moved
adoption of Resolution No. 559-02 Approving the submittal of an application for American
Architectural Grant Funding – Public Outreach for the Downtown Master Plan. Seconded by
Nicholson. Motion carried 7-0.
Subgrantee Agreement with Dubuque County Historical Society: City Manager recommending
approval of a Subgrantee Agreement with the Dubuque County Historical Society for the National
Scenic Byways Grant for design and construction of exhibits for the Great River Road Interpretive
Center, upon motion received and filed and approved recommendation.
Jaeger Heights No. 2 – Phase Two: City Manager recommending acceptance of the public
improvements in Jaeger Heights No. 2 - Phase Two which the developer, Lloyd S. Gudenkauf, has
recently completed, upon motion received and filed. Michalski moved adoption of Resolution No.
560-02 Accepting improvements in Jaeger Heights No. 2 – Phase Two. Seconded by Nicholson.
Motion carried 7-0.
Cooperative Agreement for EPA Grant: City Manager recommending approval of a Cooperative
Agreement with the Environmental Protection Agency (EPA) for a Brownfields Assessment
Demonstration Pilot Program in the amount of $200,000 to complete Phase I and Phase II
environmental assessments in the Port of Dubuque, upon motion received and filed. Michalski
moved adoption of Resolution No. 561-02 Approving a Cooperative Agreement with the
Environmental Protection Agency for the Brownfields Assessment Demonstration Pilot Program for
environmental assessments in the Port of Dubuque. Seconded by Nicholson. Motion carried 7-
0.
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Fourth Street Parking Ramp Project: City Manager recommending acceptance of the Fourth
Street Parking Ramp Construction Project as completed by Conlon Construction, in the final
contract amount of $5,789,960, upon motion received and filed. Michalski moved adoption of
Resolution No. 562-02 Accepting improvement and Resolution No. 563-02 Approving final
estimate. Seconded by Nicholson. Motion carried 7-0.
Lease with the Dubuque County Historical Society: City Manager recommending approval of a
short-term lease agreement with the Dubuque County Historical Society for the old United Rentals
Building at 301 Iowa for use as a storage building, upon motion received and filed and approved
recommendation.
Platinum Holdings, L.L.C.: City Manager recommending approval of a Consent and
Subordination to Second Mortgage Agreement for Platinum Holdings, L.L.C. and communication
from Wayne A. Norman, Jr., representing American Trust and Savings Bank, requesting Council
approval of a Consent and Subordination to Second Mortgage agreement, upon motion received
and filed. Michalski moved adoption of Resolution No. 564-02 Approving Consent and
Subordination to Second Mortgage Agreement for Platinum Holdings, L.L.C. in favor of American
Trust and Savings Bank. Seconded by Nicholson. Motion carried 7-0.
Business Licenses: Michalski moved adoption of Resolution No. 565-02 Approving the renewal
of a license to sell Cigarettes and Cigarette Papers in the City of Dubuque to Cooper Management
LLC and Resolution No. 566-02 Granting the issuance of a Class “C” Beer/Liquor License to
Bridge Restaurant and Scandals; Special Class “C” Liquor License to Grape Harbor; and Class
“B” Wine Permit to Family Mart. Seconded by Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
City Hall Annex Roof Replacement Project: City Manager recommending initiation of the bidding
process for the City Hall Annex Roof Replacement Project and setting a public hearing for
November 18, 2002, upon motion received and filed. Michalski moved adoption of Resolution No.
567-02 Preliminary approval of plans and specifications; Resolution No. 568-02 Fixing date of
hearing on plans and specifications for 11/18/02 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. 569-02 Ordering bids. Seconded by Markham. Motion carried 7-0.
Port of Dubuque Land Sale: City Manager recommending that a public hearing be set for
November 25, 2002 to consider the sale of property in the Port of Dubuque to Dubuque Initiatives,
upon motion received and filed. Michalski moved adoption of Resolution No. 570-02 (1)
Approving the minimum requirements, competitive criteria, offering procedures for disposition of
certain urban renewal property; (2) determining that the Offer to Buy Real Estate and Acceptance
submitted by Dubuque Initiatives satisfies the offering requirements and declaring the intent of the
City to sign the Offer to Buy Real Estate and Acceptance with Dubuque Initiatives in the event that
no competing proposals are submitted, and (3) soliciting competing proposals and further setting
this for Public Hearing on 11/25/02 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
Markham. Motion carried 7-0.
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ARC Urban Revitalization Plan: City Manager recommending rejection of a request from Area
Residential Care to create a new Urban Revitalization District and that this item not be set for
public hearing on November 4, 2002 to consider designating the ARC Urban Revitalization District
and communication from the Long Range Planning Commission regarding the ARC Urban
Revitalization Plan, upon motion received and filed.
Jon Romaine, representing Area Residential Care, spoke in favor of the designation of an Urban
Revitalization District, stressing its necessity for this project which would give more independence
to the ARC residents.
Elena Welsh, of Burns and Burns Architects, spoke requesting this designation and clarifying the
financing gap of $33,000.
Buol moved adoption of Resolution No. 571-02 Finding that the designation of the ARC Urban
Revitalization Plan is necessary in the interest of the public health, safety and welfare of the
residents of the City of Dubuque, Iowa and providing for a public hearing thereon and further
setting this for Public Hearing on 11/4/02 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 Markham. Carried by the following vote: Yeas—Markham, Michalski, Nicholson,
Buol, Connors. Nays—Duggan, Cline.
BOARDS/COMMISSIONS
Appointments to the following Commission:
Housing Commission (One 3-year unexpired term through 8/17/04 and one 3-year term to expire
8/17/05). Applicant: William D. Helling. Upon motion Mr. Helling appointed to the term to expire
8/17/05.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
At the request of the applicant the following item was removed from the Agenda: Garfield Avenue
and Stafford Street Rezoning Request. Proof of publication on notice of hearing to consider
rezoning property located at the corner of Garfield Avenue and Stafford Street from R-2A
Alternate Two-Family Residential District to R-4 Multi-Family Residential District at the request of
Jay Winger/Winger Construction 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 hereinafter described property located at the corner of Garfield
Avenue and Stafford Street from R-2A Alternate Two-Family Residential District to R-4 Multi-
Family Residential District.
University of Dubuque Institutional District: Proof of publication on notice of hearing to consider
amending the University of Dubuque ID Institutional District located north of U.S. Highway 20, 800
feet east of Devon Drive, to allow construction of new student apartments and Zoning Advisory
Commission recommending approval, upon motion received and filed.
Tracy Wagner, representing the University of Dubuque, introduced other individuals available to
respond to questions and spoke in support of the adoption of the Ordinance.
Michelle Maiers, a student at the University of Dubuque, spoke in favor of the proposed project.
Laura Lamb, 2240 Pasadena, also spoke in support.
Ordinance No. 84-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the amendment of Ordinance 48-02, which adopted regulations for
the University of Dubuque ID Institutional District and approving an amended Conceptual
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Development Plan for the University of Dubuque ID Institutional District, 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. Motion carried 7-0.
Grandview Avenue United Methodist Church: Proof of publication on notice of hearing to
consider a voluntary annexation request from Grandview Avenue United Methodist Church and
City Manager recommending approval and proof of publication on notice of hearing to consider
rezoning property located southwest of John Wesley Drive and north of Asbury Plaza from County
A-1 Agricultural to CS Commercial Service and Wholesale District, concurrent with approval of a
voluntary annexation request, and Zoning Advisory Commission recommending approval, upon
motion received and filed.
Mac Klingler, 11696 King Arthur Ct., spoke in support.
Ordinance No. 85-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located southwest of John Wesley
Drive and north of Asbury Road from Dubuque County A-1 Agricultural District to City of Dubuque
CS Commercial Service and Wholesale District, concurrent with annexation, 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. Buol moved adoption of Resolution No. 572-02 Annexing
certain property. Seconded by Nicholson. Motion carried 7-0.
Radford Road – Request to Rezone: Proof of publication on notice of hearing to consider
rezoning property located on Radford Road from C-2 Neighborhood Shopping Center District to
PC Planned Commercial District at the request of Patricia Friedman/Radford Road Development
and Zoning Advisory Commission recommending approval and communication from Mary Janice
Giesler requesting that sidewalks be installed on Radford Road, upon motion received and filed.
Patricia Friedman spoke in favor of the proposed rezoning.
Ordinance No. 86-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located on Radford Road from C-2
Neighborhood Shopping Center District to PUD Planned Unit Development District with a PC
Planned Commercial District designation, 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.
Bond Sale to Support Water Projects: Proof of publication on notice of hearing to consider the
sale of General Obligation Bonds in an amount not to exceed $3,300,000 to support the new water
tower and water main along the Northwest Arterial and City Manager recommending approval,
upon motion received and filed. Markham moved adoption of Resolution No. 573-02 Instituting
proceedings to take additional action for the issuance of not to exceed $3,300,000 General
Obligation Bonds. Seconded by Buol. Motion carried 7-0.
Bond Sale to Refund $3,100,000 General Obligation Bonds: Proof of publication on notice of
hearing to consider the sale of General Obligation Bonds in an amount not to exceed $650,000 for
the purpose of refunding $3,100,000 General Obligation Bonds and City Manager recommending
approval, upon motion received and filed. Markham moved adoption of Resolution No. 574-02
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Instituting proceedings to take additional action for the issuance of not to exceed $650,000
General Obligation Bonds and Resolution No. 575-02 Directing the advertisement for sale of
$3,110,000 General Obligation Bonds, Series 2002C. Seconded by Michalski. Motion carried 7-
0.
Northwest Arterial Watermain Extension Project: Proofs of publication on notice of hearing and
notice to bidders on the receipt of bids for the Northwest Arterial Watermain Extension Project and
City Manager recommending award of the contract to Tschiggfrie Excavating in the contract
amount of $887,683.35, upon motion received and filed. Cline moved adoption of Resolution No.
576-02 Adopting plans and specifications and Resolution No. 577-02 Awarding contract to
Tschiggfrie Excavating of Dubuque, Iowa for the construction of approximately 17,140 feet of 16
inch ductile iron watermain with accessories along the Northwest Arterial starting at the
intersection of Highway 20 and continuing to the northeast to John F. Kennedy Road and for the
construction of approximately 1,400 feet of 12 inch ductile iron watermain with accessories along
Pennsylvania Avenue from the Northwest Arterial west to the Pennsylvania water tank. Seconded
by Buol. Motion carried 7-0.
Fourth Zone Water Tower Project: Proofs of publication on notice of hearing and notice to
bidders on the receipt of bids for the Fourth Zone Water Tower Project and City Manager
recommending award of the contract to Landmark Structures I, L.P. in the contract amount of
$1,206,000, upon motion received and filed. Cline moved adoption of Resolution No. 578-02
Approval of plans and specifications and Resolution No. 579-02 Awarding contract to Landmark
Structures I, L.P. of Fort Worth, Texas for the construction of a 1.25 million gallon composite
elevated water tower with accessories on John F. Kennedy Road. Seconded by Nicholson.
Motion carried 7-0.
Old U.S. Highway 20 Watermain Extension Phase II Project: Proofs of publication on notice of
hearing and notice to bidders on the receipt of bids for the Old U.S. Highway 20 Watermain
Extension Phase II Project and City Manager recommending award of the contract to Drew Cook &
Sons in the contract amount of $77,603.50, upon motion received and filed. Cline moved
adoption of Resolution No. 580-02 Adopting plans and specifications and Resolution No. 581-02
Awarding contract to Drew Cook & Sons for the construction of approximately 1,700 feet of 12 inch
ductile iron watermain with accessories along the north side of Old U.S. Highway 20 starting at the
intersection of Radford Road and Old Highway 20 continuing to the west. Seconded by
Nicholson. Motion carried 7-0.
Ice Harbor Retention Basin Pump Improvement Project: Proofs of publication on notice of
hearing and notice to bidders on the receipt of bids for the Ice Harbor Retention Basin Pump
Improvement Project and City Manager recommending award of the contract to M-Z Construction,
upon motion received and filed. Michalski moved adoption of Resolution No. 582-02 Approval of
plans and specifications and Resolution No. 583-02 Awarding contract. Seconded by Cline.
Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
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Convention and Visitors Bureau: Request of Sue Czeshinski, Convention and Visitors Bureau,
to give an oral report of Bureau activities during the first quarter of Fiscal Year 2003, upon motion
received and filed. Sue Czeshinski gave a verbal report.
Local Option Sales and Services Tax – Dubuque Community School District: Michalski moved
adoption of Resolution No. 584-02 Recognizing the importance of adequate school facilities by
supporting the Dubuque Community School District Board of Education in its proposal to Dubuque
County voters to authorize a one-percent (1%) local option sales and services tax for school
infrastructure purposes. Seconded by Nicholson. Motion carried 7-0.
Gaming Referendum: Buol moved adoption of Resolution No. 585-02 Supporting the
referendum on the continuation of gaming in Dubuque County, Iowa. Seconded by Nicholson.
Motion carried 7-0.
Bee Branch Consultant Selection: City Manager recommending approval of the selection of
MSA Professional Services (MSA) as the Engineering Consulting Firm to conduct a second study
of the Bee Branch Drainage Basin, presented and read. Nicholson moved to receive and file and
approve the recommendation. Seconded by Connors. Motion failed due to the following vote:
Yeas—Duggan, Nicholson. Nays—Markham, Michalski, Buol, Cline, Connors. Buol moved that
Staff bring back the original plan. Seconded by Connors. Carried by the following vote: Yeas—
Markham, Michalski, Nicholson, Buol, Cline, Connors. Nays—Duggan.
The following was removed from the Agenda: Fiscal Year 2003 Annual Action Plan –
Amendment 2. City Manager recommending approval of an amended and restated Fiscal Year
2003 Annual Plan for the City’s Community Development Block Grant (CDBG) program. A
Resolution Approving an amended and restated Fiscal Year 2003 (Program Year 2002) annual
plan for Community Development Block Grant (CDBG) funds
The Mayor turned control of the meeting to Mayor Pro-Tem Buol due to possible conflict of
interest.
Offer to Buy Real Estate and Acceptance – Robert and Lynn Miller and Dubuque Hardwoods,
Inc.: City Manager recommending that the City approve the Offer to Buy Real Estate and
Acceptance for property on the Fourth Street Peninsula owned by Robert and Lynn Miller and
Dubuque Hardwoods, Inc., upon motion received and filed and approved recommendation.
Mayor Duggan resumed control of the meeting.
At 8:14 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition –
Chapter 21.5(1)(j) 2001 Code of Iowa.
At 8:30 P.M. Council reconvened Regular Session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:31 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/30
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