1 20 03 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Monday, January 20, 2003
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, 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 meeting with the Convention and Visitors Bureau.
John Tallent, Division Chair of the Convention and Visitors Bureau, Steward Sandstrom,
Chamber of Commerce President and CEO, and Sue Czeshinski, Director of the Convention &
Visitors’ Bureau, all spoke giving an update of the activities of the organization. Also present
were Jerry Enzler of the Dubuque County Historical Society and Jim Rix, Executive Director of
the Platinum Hospitality Group.
There being no further business, upon motion special meeting adjourned at 6:22 P.M.
/s/ Jeanne F. Schneider, CMC,
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 20, 2003
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 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 Tim Bees, Pastor, First Baptist Church.
Minutes and Reports Submitted: Airport Commission of 12/16; Cable Community
Teleprogramming Commission of 12/3; Civil Service Commission of 12/9 and 12/23;
Environmental Stewardship Advisory Commission of 11/5; Five Flags Commission of 10/21 and
11/18; Transit Board of 11/14; Zoning Advisory Commission of 1/8; Zoning Board of Adjustment
of 12/19, upon motion received and filed.
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Proofs of publication of City Council proceedings of December 9 and December 16, 2002; and
List of Claims and Summary of Revenues for month ending November 30, 2002, upon motion
received and filed.
Printed Official Council Proceedings for month of November, 2002, upon motion received and
filed and approved as printed.
Finance Director submitting the financial reports for the month ending December 31, 2002,
upon motion received and filed.
Fiscal Year 2003 Second Quarter Report from the Substance Abuse Services Center, upon
motion received and filed.
Notice of Claims/Suits: Damian Baumhover for property damage; Paul J. Behnke for vehicle
damage; Tim Bushman for property damage; William Gerlach for vehicle damage; Janice
Hoerner for personal injury; Patricia Morrison for personal injury; 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: Corporation
Counsel recommending denial of the claim of Fannie Stout House for property damage, upon
motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Paul Behnke for property
damage and William Gerlach for vehicle damage and directing Finance Director to issue proper
payment, upon motion received and filed and concurred and Finance Director to issue
payments.
Citizen Communication: Communication from Mary Alice Walsh regarding the recently
enacted “No Parking at Any Time” restriction on Kane Street, upon motion received and filed.
Community Development Advisory Commission: Communication from R.J. Sullivan submitting
his resignation from the Community Development Advisory Commission, upon motion received
and filed and accepted resignation.
Civil Service Commission: Civil Service Commission submitting the certified list for the
positions of Assistant Police Chief, Police Captain, and Police Lieutenant, upon motion
received and filed and made a matter of record.
Wal-Mart Stores, Inc. Tax Appeal: Corporation Council submitting a Stipulation of Settlement
of a tax assessment appeal for property located at 4200 Dodge Street, legally described as Lot
2, Wal-Mart Subdivision, Dubuque, Iowa, upon motion received and filed and approved
settlement.
2389 University Avenue – Final Plat: Zoning Advisory Commission recommending approval of
the plat of survey of Lot 1 of 1 of 224 and Lot 2 of 1 of 224 Finley’s Addition (2380 University
Avenue) as requested by Dennis and Amy McCarthy, upon motion received and filed. Buol
moved adoption of Resolution No. 12-03 Approving the plat of survey of Lot 1 of 1 of 224 and
Lot 2 of 1 of 224 Finley’s Addition. Seconded by Nicholson. Motion carried 7-0.
O’Mara Second Subdivision – Plat of Subdivision: Zoning Advisory Commission
recommending approval of the plat of subdivision of Lot 1 and 2 of O’Mara Second Subdivision
(11983 Kennedy Road) at the request of Roger Kurt/Joseph and Beverly O’Mara, upon motion
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received and filed. Buol moved adoption of Resolution No. 13-03 Approving the plat of
subdivision of Lot 1 and Lot 2 of O’Mara Second Subdivision in the County of Dubuque, Iowa.
Seconded by Nicholson. Motion carried 7-0.
2002 Sidewalk Assessment Project: City Manager recommending approval of the final
assessment schedule for the 2002 Sidewalk Assessment Project, upon motion received and
filed. Buol moved adoption of Resolution No. 14-03 Adopting the final assessment schedule for
the 2002 Sidewalk Assessment Project including certain information required by the Code of
Iowa, specifically, the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable and directing
the Clerk to certify the final schedule and to publish notice thereof. Seconded by Nicholson.
Motion carried 7-0.
Chavenelle Drive – Acceptance: City Manager recommending acceptance of the Chavenelle
Drive Extension Project in the final contract amount of $583,148.07 as completed by Portzen
Construction, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 15-
03 Accepting improvement and Resolution No. 16-03 Approving final estimate. Seconded by
Nicholson. Motion carried 7-0.
US 20 Highway Intersection Improvements: City Manager recommending approval of an
addendum to the Preconstruction Agreement with the Iowa Department of Transportation to
allow for the five-lane widening project from the Northwest Arterial to just west of “Old Highway
Road,” upon motion received and filed. Buol moved adoption of Resolution No. 17-03
Approving an addendum to the Preconstruction Agreement between the City of Dubuque and
the Iowa Department of Transportation for improvements to US 20. Seconded by Nicholson.
Motion carried 7-0.
Henry Stout House – Irrevocable License: City Manager recommending approval of an
amendment to the irrevocable license for encroachment in the public right-of-way for Henry
Stout Place Apartments to include an encroachment for a set of steps on the Iowa Street
sidewalk, upon motion received and filed and approved recommendation.
Conservation Design Forum: Council Member Joyce Connors submitting information on
Conservation Design Forum (CDF), with respect to identifying potential cost effective,
ecologically sustainable stormwater management alternatives, upon motion received and filed.
National Trust for Historic Preservation: Communication from Genell Scheurell, Midwest
Office – National Trust for Historic Preservation, thanking Laura Carstens, Planning Services
Manager, for submitting the final report and project summary for the City’s $2,500 Preservation
Services Fund grant, upon motion received and filed.
Old U.S. Highway 20 Water Main Extension Project – Acceptance: City Manager
recommending acceptance of the Old U.S. Highway 20 Water Main Extension Project in the
final contract amount of $105,392.35, upon motion received and filed. Buol moved adoption of
Resolution No. 18-03 Accepting improvement and Resolution No. 19-03 Approving final
estimate. Seconded by Buol. Motion carried 7-0.
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Fiscal Year 2003 Annual Action Plan Amendment #3: City Manager recommending approval
of Amendment #3 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for
Community Development Block Grant funds, upon motion received and filed. Buol moved
adoption of Resolution No. 20-03 Approving Amendment #3 to the Fiscal Year 2003 (Program
Year 2002) Annual Action Plan for Community Development Block Grant Funds. Seconded by
Nicholson. Motion carried 7-0.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Ziepprecht Block Building and John Bell Block Building have been listed in the
National Register of Historic Places effective December 20, 2002, upon motion received and
filed.
Purchase of Permits Plus Software System: City Manager recommending approval of the
purchase of Permits Plus software system and a replacement network server for Housing and
Community Development Department, upon motion received and filed and approved
recommendation.
Iowa Department of Natural Resources PAYT Grant Proposal: City Manager recommending
approval for the Operations and Maintenance Department to seek a grant from the Iowa
Department of Natural Resources for supplying consulting services at no charge to Iowa
communities considering voluntarily implementing PAYT, upon motion received and filed and
approved recommendation.
Quarterly Investment Report: City Manager transmitting the December 31, 2002 Quarterly
Investment Report, upon motion received and filed.
Business License Refund: Application from Marie Moeller, Bierstube Ltd, for a refund of her
beer and liquor license in the amount of $633.75, upon motion received and filed and approved
refund.
Business Licenses: Buol moved adoption of Resolution No. 21-03 Granting the issuance of a
Class “C” Beer Permit to Dubuque Discount Gas, Liquor Depot, and Oky Doky #21 and
Resolution No. 22-03 Granting the issuance of a Class “C” Beer/Liquor License to The Lounge
and Town Clock Inn; and Class “B” Wine Permit to Liquor Depot. Seconded by Nicholson.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Disposal of Property to Dubuque Initiatives: City Manager recommending that a public
hearing be set for February 3, 2003 to consider the disposal of real property in the Port of
Dubuque to Dubuque Initiatives, upon motion received and filed. Buol moved adoption of
Resolution No. 23-03 of Intent to dispose of real property by deed to Dubuque Initiatives and
further moved that this be set for Public Hearing on 2/3/03 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.
Mississippi River Discovery Center Wetlands, Phase II (Interior Walkways) Project – Initiate:
City Manager recommending initiation of the bidding process for the Mississippi River
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Discovery Center Wetlands, Phase II (Interior Walkways) Project and that a public hearing be
set for February 17, 2003, upon motion received and filed. Buol moved adoption of Resolution
No. 24-03 Preliminary approval of plans and specifications for the Mississippi River Discovery
Center Wetland – Site Package Interior Walkways Project (Contract 1 – Wood Piers and
Decking, Contract 2 – Wood Framing and Railings, Contract 3 – Plumbing, Contract 4 –
Electrical); Resolution No. 25-03 Fixing date of hearing on plans and specifications for the
Mississippi River Discovery Center Wetland – Site Package Interior Walkways Project
(Contract 1 – Wood Piers and Decking, Contract 2 – Wood Framing and Railings, Contract 3 –
Plumbing, Contract 4 – Electrical) and this Public Hearing be set for 2/17/03 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. 26-03 Ordering bids for the Mississippi River
Discovery Center Wetland – Site Package Interior Walkways Project (Contract 1 – Wood Piers
and Decking, Contract 2 – Wood Framing and Railings, Contract 3 – Plumbing, Contract 4 –
Electrical). Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2004 Annual Action Plan: City Manager recommending that a public hearing be
set for February 26, 2003 to consider the proposed Fiscal Year 2004 Annual Action Plan, upon
motion received and filed. Buol moved adoption of Resolution No. 27-03 Setting a public
hearing on the Program Year 2003 (Fiscal Year 2004) Community Development Block Grant
(CDBG) Annual Plan and that this Public Hearing be set for 2/26/03 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.
BOARD AND COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Community Development Advisory Commission (Three unexpired 3-year terms for Census
Tracts 2, 3 and 4; One 3-year term for At-Large – Term of Wainwright; One 3-year term for
Census Tract 1 – Term of Isenhart): Applicant:Thomas Wainwright. Mr. Wainwright spoke
requesting reappointment.
TV Cable Community Teleprogramming Commission (Two unexpired 3-year terms through
6/30/03; One unexpired 3-year term through 6/30/05): Applicant: Burton Everist. Mr. Everist
spoke requesting appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
ARC Design Resources, Inc./JMC Gold Medal Meat, Inc.:
Communication from ARC Design Resources Inc., on behalf of Wal-Mart Stores, Inc.
requesting support of City Council to determine if there are private or government local, state or
federal funds available for assistance with this project.
Joseph Altenhoff, ARC Design Resources, Inc., spoke requesting that the City Council assist
with determining possible sources of government, local, state or federal funds to demolish the
existing buildings and clean up the environmental hazards found on the property. He further
clarified that they were not requesting City financial assistance.
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Michalski moved that the City Council support the effort of ARC Design Resources to discover
if there are state or federal funds available (not local). Seconded by Markham. Carried by the
following vote: Yeas—Cline, Duggan, Markham, Nicholson. Nays—Buol, Connors, Michalski.
Proof of publication on notice of hearing to consider a request from ARC Design Resources,
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Inc./JMC Gold Medal Meat, Inc. to rezone property located at 16 and Sycamore Streets from
HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial
designation to allow a Wal-Mart Super Center and Zoning Advisory Commission recommending
denial; Communications from Mrs. Cecilia Lattner and Karen Hammel in opposition to the Wal-
Mart Super Center; Communication from Dick Hartig in opposition to the City providing any
financial assistance to Wal-Mart; Communication from Phillip A. Ruppel regarding the traffic
impact of the proposed Wal-Mart development; Communication from Richard Trausch
objecting to the proposed Wal-Mart development; Communication from Larry McDermott
regarding the proposed Wal-Mart development; Communication from Kenneth P. Bichel
regarding the proposed Wal-Mart development and an Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances for hereinafter described
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property located at 16 and Sycamore Streets from HI Heavy Industrial District to PUD Planned
Unit Development with a PC Planned Commercial designation, presented and read.
Nicholson moved to send this matter back to the Zoning Advisory Commission for a full
membership hearing. Seconded by Cline. Carried by the following vote: Yeas—Cline,
Duggan, Markham, Nicholson. Nays—Buol, Connors, Michalski.
296 North Grandview - Request to Rezone: Proof of publication on notice of hearing to
consider a request from James Heckmann and Tim and Malin Boge to rezone property located
at 296 North Grandview Avenue from R-1 Single-Family Residential District to OR Office
Residential District and Zoning Advisory Commission recommending denial, Communication
from James Heckmann in support of the proposed rezoning; Communication from Carol
Ruden, Re/Max Advantage, in support of the rezoning, and an Ordinance amending Appendix
A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located at 296 North Grandview Avenue from R-1 Single-Family
Residential District to OR Office/High Density Multi-Family Residential District, presented and
read.
Attorney Jim Heckmann spoke in favor of the rezoning which would provide the correct zoning
for his law office. Bob Felderman and Carol Ruden both spoke in favor of the proposed
rezoning.
John Arenz, speaking for his mother at 275 N. Grandview, Joan and Frank Belcastro at 285 N.
Grandview, Bill and Tammy Pfab of 235 N. Grandview, and Sheila Vierkant of 210 N.
Grandview, all spoke in opposition to this change from residential zoning.
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. Vote on the motion was: Yeas—Buol, Connors, Duggan, Markham, Nicholson.
Nays—Cline, Michalski. Motion failed due to lack of super majority vote.
1320 Locust – Request to Rezone: Proof of publication on notice of hearing to consider a
request from Alfred Kopczyk to rezone property located at 1320 Locust from C-4 Downtown
Commercial District, with conditions, to OC Office Commercial District and Zoning Advisory
Commission recommending approval, upon motion received and filed.
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Al Kopczyk, as owner of this property, spoke in support stating that the requested zoning had
been a previous zoning and they needed this for their single family home. Dave Stuart, 1470
Locust, and Realtor Pat Friedman both spoke in favor of the proposed rezoning.
Ordinance No. 2-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1320 Locust from
C-4 Downtown Commercial District, with conditions, to OC Office Commercial District,
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.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Cedar Crest Subdivision – Final Plat: Zoning Advisory Commission recommending approval
of the final plat of Cedar Crest Subdivision as requested by Buesing and Associates/Dan
Conrad, upon motion received and filed. Cline moved adoption of Resolution No. 28-03
Approving the final plat of Lots 1-33, inclusive, of Cedar Crest Subdivision in Dubuque County,
Iowa. Seconded by Markham. Motion carried 6-0 with Nicholson briefly out of the room.
Stormwater Utility Citizens Advisory Committee: Mike Portzen, Chairperson of the
Stormwater Utility Citizens Advisory Committee, submitting their final report, upon motion
received and filed and referred to Staff. City Manager Michael Van Milligen clarified that a
decision on this would be made at the Budget Public Hearing.
Klauer Manufacturing Company: City Manager recommending approval of an Offer to Buy
Real Estate and Acceptance for the property on the Fourth Street Peninsula owned by Klauer
Manufacturing Company and in recognition of the $250,000 cash and land donation it is
recommended that the plaza directly adjacent and east of the Grand River Center be named
the W.J. Klauer Family Plaza, upon motion received and filed. Markham moved adoption of
Resolution No. 29-03 Approving an Offer to Buy and Acceptance for the purchase of certain
real estate in Dubuque County, Iowa from Klauer Manufacturing Company. Seconded by Cline.
Motion carried 7-0. Markham and Duggan expressed appreciation to the Klauer family.
Bell Street Sidewalk Color Pattern: City Manager recommending approval of a proposed
change to the design of the Bell Street sidewalk, which is currently out for bid, which would
revise the sidewalk pattern to match the buff and white/gray concrete pattern around the
Portside building and revise the crosswalk at Fifth and Bell Streets, upon motion received and
filed and approved recommendation.
Iowa League of Cities Conference: City Manager recommending approval for the City to
submit a bid to the Iowa League of Cities to host the annual conference in 2007, to budget
$8,400 for expenses associated with the conference, and to appoint a City Council Member to
serve as the City’s representative in planning the Conference, upon motion received and filed
and approved recommendation to submit a bid and that Council Member Markham be
appointed as the Council representative in this matter.
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Memorandum of Understanding with Lower Main Development, LLC: City Manager
recommending approval of a Memorandum of Understanding with Lower Main Development,
LLC, concerning the acquisition and renovation of the former Weber Paper Building, owned by
Dubuque Initiatives, upon motion received and filed. Nicholson moved adoption of Resolution
No. 30-03 Approving a Memorandum of Understanding with Lower Main Development, LLC.
Seconded by Michalski. Motion carried 7-0.
City Priorities and Issues: Washington, D.C.: City Manager recommending approval of the
City of Dubuque Priorities and Requests for Federal Appropriations, upon motion received and
filed and approved recommendation.
Graduated Gaming Tax: City Manager submitting a letter to State legislators asking for
support for a graduated gaming tax, upon motion received and filed.
Arts and Culture Task Force: Communication from Jerry Enzler, Executive Director of the
Dubuque County Historical Society, requesting Council consideration to include a
representative of the Society to the recently created Arts and Culture Task Force, upon motion
received and filed.
Council Appointment – Airport Commission: Appointment of a Council Member (currently
Council Member John Markham) to the Airport Commission for a term to expire January 15,
2004. Upon motion Council Member Markham appointed to a one year term on the Airport
Commission which will expire 1/15/04.
Fiscal Year 2004 Operating Budget and Capital Improvement Program: City Manager
presenting the Fiscal Year 2004 Operating Budget and Capital Improvement Program, upon
motion received and filed. City Manager Michael Van Milligen presented an overview of the
proposed FY 04 Budget.
COUNCIL MEMBER REPORTS
Nicholson stated he had been reappointed to the Information Technology Committee of the
National League of Cities. Michalski stated the Martin Luther King celebrations were well
attended and the Mayor’s remarks were very good.
There being no further business, upon motion meeting adjourned at 8:58 P.M.
/s/ Jeanne F. Schneider, CMC,
City Clerk
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