Minutes City Council 11 18 02CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Monday, November 18, 2002
Council met for Dinner at 5:15 P.M. in the Second Floor Library Rotunda.
Council met in Special Session at 5:45 P.M. in the Public 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 Wayfinding Signage.
Greg Malm, member of the local Wayfinding Signage Committee, gave a presentation about the
Wayfinding Signage and answered questions.
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, November 18, 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, 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 discussing such matters which may properly come before the City Council.
Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor.
Proclamation: Welcome to the Trois-Rivieres, Quebec, Canada Delegation
CONSENT ITEMS
Minutes Submitted: City Council of 11/4 and 11/7; Civil Service Commission of 9/5; Historic
Preservation Commission of 10/24; Park and Recreation Commission of 10/8; Transit Board of
4/18; Zoning Board of Adjustment of 10/24, upon motion received and filed.
Proofs of publication of City Council Proceedings of 10/21 and List of Claims and Summary of
Revenues for the month ending September 30, 2002, upon motion received and filed.
Printed Council proceedings for month of September, 2002, upon motion approved as printed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending October
31, 2002, upon motion received and filed.
Notice of Claims/Suits: Mary Asbell for property damage; Tammi Herbst for vehicle damage;
Steve Kafer for vehicle damage; Dean Mattoon for vehicle damage; and Todd Robertson 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: Dubuque Internal
Medicine for property damage, upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Martin Meisenburg for property
damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claims of Tammi Herbst, Kim Paradiso,
and Todd Robertson for vehicle damage and that the Finance Director issue proper payment,
upon motion received and filed and approved recommendation and Finance Director to issue
proper payments.
Iowa Chapter of the American Planning Association: Communication from the Iowa Chapter of
the American Planning Association advising that the City’s Planning Services Department was
selected as the 2002 recipient of the Implementing Smart Growth Award for the Port of Dubuque
Master Plan, upon motion received and filed. Planning Services Manager Laura Carstens spoke
regarding the award and presented the plaque to the Council.
Kerper Boulevard Re-Platting: Zoning Advisory Commission recommending approval of the re-
platting request of McGraw-Hill and Key City Plating for property located at 2460 to 2500 Kerper
Boulevard, upon motion received and filed. Buol moved adoption of Resolution No. 602-02
Approving the final plat of McGraw-Hill, Key City Plating re-plat. Seconded by Michalski. Motion
carried 7-0.
Iowa Finance Authority: Communication from the Historic Preservation Commission to the Iowa
Finance Authority in support of the Low Income Housing Tax Credit application of John Gronen for
th
property located at 1042, 1066, 1086 and 1091 Main Street and 248 West 11 Street, upon
motion received and filed.
Port of Dubuque Utility Relocation – Phase II: City Manager recommending acceptance of the
Port of Dubuque Utility Relocation – Phase II Project in the final contract amount of $672,881.25,
upon motion received and filed. Buol moved adoption of Resolution No. 603-02 Accepting
improvement and Resolution No. 604-02 Approving final contract amount of $672,881.25.
Seconded by Michalski. Motion carried 7-0.
2001 AC Paving Project: City Manager recommending acceptance of the 2001 AC Paving
Project in the final contract amount of $1,751,883.09, upon motion received and filed. Buol moved
adoption of Resolution No. 605-02 Accepting improvement and Resolution No. 606-02 Approving
final contract amount of $1,751,883.09. Seconded by Michalski. Motion carried 7-0.
2
National Scenic Byways Grant: City Manager recommending approval of an agreement with
Scharff-Weisberg to supply some of the technical audio-visual systems at the National Mississippi
River Museum and Aquarium for the Dubuque County Historical Society as provided in the
National Scenic Byways Grant, upon motion received and filed.
General Obligation Bonds, Series 2002C - $3,105,000: City Manager recommending approval of
procedures to complete action on the issuance of $3,105,000 General Obligation Bonds, Series
2002C to support a new water tower and water main along the Northwest Arterial and to refund
the General Obligations Bonds Series 1994, dated May 1, 1994, upon motion received and filed.
Buol moved adoption of Resolution No. 607-02 Appointing Wells Fargo Bank Iowa, National
Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent,
approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing
the execution of the Agreement and Resolution No. 608-02 Authorizing and providing for the
issuance of $3,105,000 General Obligation Bonds, Series 2002C, and levying a tax to pay said
bonds. Seconded by Michalski. Motion carried 7-0.
Taxiway Alpha Lighting: City Manager recommending approval of a change order in the amount
of $8,958 to complete the lighting work on Taxiway Alpha NW at the Airport, upon motion received
and filed and approved recommendation.
Grandview Avenue United Methodist Church: Communication from Jack Borchers, Chair of the
Board of Trustees of Grandview Avenue United Methodist Church, requesting the vacating of a
portion of an old roadway easement parallel to John F. Kennedy Road and lying within Grandview
Avenue United Methodist Church property, upon motion received and filed and referred to the City
Manager.
Pennsylvania Avenue and Keyway Drive Intersection: In response to a citizen request, City
Manager recommending that no changes be made to the intersection of Pennsylvania Avenue and
Keyway Drive, upon motion received and filed and concurred.
Liquor License Refund: Request of Terry McInroy, Arby’s Q-Mart, for a refund in the amount of
$37.50 for his beer and liquor license, upon motion received and filed and approved request.
Business Licenses: Buol moved adoption of Resolution No. 609-02 Granting the issuance of a
license to sell Cigarettes and Cigarette Papers within the City to The Lion of Judah; Resolution
No. 610-02 Granting the issuance of Class “C” Beer Permits to IOCO Speede Shoppe, Kwik Stop
Food Mart (4039 Pennsylvania), Kwik Stop Food Mart (2297 University Avenue), and Kwik Stop
Food Mart (1685 JFK Road) and Resolution No. 611-02 Granting the issuance of a Class “C”
Beer/Liquor License to Aragon Tap and Jorja’s Restaurant and a Special Class “C” Liquor (BW)
License to Mandarin Garden. Seconded by Michalski. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Embassy West Drive Sidewalk: City Manager recommending that a public hearing be set for
December 16, 2002 to consider the Embassy West Drive sidewalk installation, upon motion
received and filed. Cline moved adoption of Resolution No. 612-02 Fixing date of hearing on
plans and specifications for amended 2000 Sidewalk Installation Program and deletion of certain
property therefrom; Resolution No. 613-02 of Necessity – Amended 2000 Sidewalk Installation
Program and deletion of certain property therefrom; Resolution No. 614-02 Fixing date of hearing
3
on Resolution of Necessity – Amended 2000 Sidewalk Installation Program and deletion of certain
property therefrom; and Resolution No. 615-02 Rescinding Resolution 519-02 and approving in
lieu thereof a new preliminary schedule of assessments for the amended 2000 Sidewalk
Installation Program, with said date of Public Hearing to be 12/16/02 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. Seconded by Michalski. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission: Environmental Stewardship Advisory Commission (Two unexpired 3-year terms to
expire 10/1/03 and 10/1/05); Applicants: Daniel Calvert and Mark Henning. Mr. Calvert and Mr.
Henning both spoke requesting consideration for appointment.
Appointments to the following Board: Plumbing Board (One unexpired 3-year term to expire
11/2/04 and two 3-year terms to expire 11/2/05 – Terms of Gonner and Willenborg); Applicants:
Stanley Gonner and Harlan Willenborg. Upon motion Mr. Gonner and Mr. Willenborg reappointed
to terms which will expire 11/2/05.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Emerald Acres - Planned Unit Development District: Proof of publication on notice of hearing to
consider an amendment to the PUD Planned Unit Development District with a PR Planned
Residential designation to match the legal description of Emerald Acres No. 2 Final Plat as
requested by Ed Tschiggfrie/T-Corp and Zoning Advisory Commission recommending approval,
upon motion received and filed. Ordinance No. 96-02 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of
Ordinance No. 10-99 which adopted regulations for the Emerald Acres No. 2 PUD Planned Unit
Development District and approving an amended Ordinance for the Emerald Acres No. 2 Planned
Unit Development District, 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 suspended and further moved final consideration and
passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Asbury Plaza Shopping Center - Planned Unit Development District: Proof of publication on
notice of hearing to consider an amendment to the Asbury Plaza Shopping Center PUD Planned
Unit Development District sign regulations to allow four tenant identification signs thirty feet in
height and to allow an unlimited number of wall-mounted tenant signs as requested by Mark
Vondrak/Rubloff Development Group, Inc. and Zoning Advisory Commission recommending
approval, upon motion received and filed. Ordinance No. 97-02 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances for hereinafter described property
located north of Asbury Road and west of the Northwest Arterial to amend Ordinance 44-99 that
established the PUD Planned Unit Development District for Asbury Plaza and adopting amended
sign regulations, 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.
4
Tax Increment Financing: Town Clock Building Company/Cottingham and Butler: Proof of
publication on notice of hearing to consider the Town Clock Building Company/Cottingham and
Butler’s application for property tax rebates for historic properties, upon motion received and filed.
Rhodes (Bud) Isenhart, 8908 Quail Ridge Ct., spoke in opposition to the proposed TIF. Dan
LoBianco, Director of Dubuque Main Street, spoke in favor of the project.
Cline moved adoption of Resolution No. 616-02 Approving an application for property tax
rebates for the renovation of certain historic structures approving a Tax Rebate Agreement with
Town Clock Building Company/Cottingham and Butler. Seconded by Nicholson. Motion carried
7-0.
City Hall Annex Roof Replacement Project: Proof of publication on notice of hearing on plans
and specifications and awarding of the contract for the City Hall Annex Roof Replacement Project
and City Manager recommending that the bids be rejected and the project re-advertised for bid,
upon motion received and filed. Cline moved adoption of Resolution No. 617-02 Rejecting all bids
for the City Hall Annex Roof and Gutter Replacement Project, authorizing the City Clerk to re-
advertise for bids, and setting a public hearing for December 16, 2002, on the final approval of
plans and specifications and the award of a contract. Seconded by Michalski. Motion carried 7-0.
Proposed Land Use Map Amendment: Proof of publication on notice of hearing to consider an
th
amendment to the City’s land use map for a proposed thirty-acre commercial development at 16
and Sycamore Streets and Long Range Planning Advisory Commission recommending approval,
upon motion received and filed. Cline moved adoption of Resolution No. 618-02 Amending
proposed land use map. Seconded by Connors. Carried by the following vote: Yeas—Markham,
Michalski, Nicholson, Buol, Cline, Connors. Nays—None. Abstain—Duggan.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
ARC Urban Revitalization Plan (Second Reading): An Ordinance Establishing the ARC Urban
Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa,
said Ordinance having been presented and read on 11/4/02, now presented for further action.
Jon Romaine, Director of Area Residential Care, spoke clarifying aspects of this project.
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 failed due to the following vote: Yeas—Duggan. Nays—Markham, Michalski,
Nicholson, Buol, Cline, Connors.
Education and Conference Center – Naming: Education and Conference Center Naming
Committee recommending that the education and conference center in the Port of Dubuque be
named the Grand River Center, upon motion received and filed and approved recommendation.
Arts Policy and Funding: City Manager recommending the formation of an Arts Policy and
Funding Task Force to study the City Council’s Priority regarding this area, upon motion received
and filed and approved recommendation.
5
Fiscal Year 2004 Policy Guidelines: City Manager recommending adoption of the Fiscal Year
2004 Policy Guidelines for the City of Dubuque, upon motion received and filed and adopted.
COUNCIL MEMBER REPORTS
Council commended the students from Senior High School and the boy scouts that were in the
audience.
At 7:58 P.M. there being no further business, upon motion it was resolved to go into Closed
Session re: Property Acquisition – Chapter 21.5(1)(j) 2001 Code of Iowa.
At 8:09 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:10 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 11/27
6