Minutes City Council 2 17 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 17, 2003
Council met in Regular Session, 6:30 P.M., Library Auditorium
Present: Mayor Pro-Tem Buol, Council Members Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan.
Mayor Pro-Tem Buol 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 Doctor James Dotson, Pastor of Grandview Avenue
United Methodist Church.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 1/31; Cable TV Teleprogramming Commission
of 1/7; City Council of 2/3, 2/5 and 2/10; Civil Service of 12/23; Community Development
Advisory Commission of 1/9; Conference Board of 3/4/02; Downtown Planning Committee of
the Long Range Planning Advisory Commission of 1/13; Electrical Board of 2/10; Five Flags
Commission of 12/16; Housing Commission Trust Fund Committee of 1/23 and 1/28; Human
Rights Commission of 12/9; Park and Recreation Commission of 2/11; Zoning Advisory
Commission of 1/8 (Modified) and 2/5; Zoning Board of Adjustment of 1/23, upon motion
received and filed.
Proof of publication of City Council Proceedings of 1/20, upon motion received and filed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending
January 31, 2003, upon motion received and filed.
Notice of Claims/Suits: Janice E. Hoerner vs. Merlin E. Wagner and City of Dubuque for
personal injury; Florence J. Siefker for personal injury; Thomas Weidenbacher for vehicle
damage; Raymond Worden 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: Tim Bushman
for property damage; Brooke Gassman for vehicle damage; and Florence J. Siefker for
personal injury, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Mary Criss for property
damage, upon motion received and filed and concurred and Finance Director to issue proper
check.
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Citizen Communications: Communication from Tri-State Towing and Recovery regarding
the City’s towing policy, upon motion received and filed and referred to the City Manager.
Communication from Tom and Rebecca LeClere regarding their property at 1195 Thomas
Place, upon motion received and filed and referred to the City Manager.
Anti-War Resolution: Communication from Fabian Yaklin requesting the City Council to
pass an anti-war resolution, upon motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the CEBA contract with the City and CarteGraph
Systems, Inc. has been successfully completed and the employment goals fulfilled, upon
motion received and filed.
Rhodes (Bud) Isenhart, 8908 Quail Ridge Road, spoke requesting an annual accounting of
newly created jobs in TIF districts.
Bunker Hill Golf Course Management Agreement: City Manager recommending approval of
a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1, 2003 and ending November 30, 2003, upon motion
received and filed and approved agreement.
Special Assessment Fund Balance: City Manager requesting authorization to transfer
excess Special Assessment Funds to the Street Construction Fund to support street
construction projects, upon motion received and filed. Michalski moved adoption of
Resolution No. 46-03 Authorizing the transfer of excess special assessment funds to the
Street Construction Fund. Seconded by Connors. Motion carried 6-0.
Design Contract – US 20 Intersection Improvements: City Manager recommending
approval of a project agreement with the firm of Howard R. Green relating to the continued
development of the design phase for the US 20 Intersection Improvement Project, upon
motion received and filed and approved agreement.
Legislative Correspondence: Communications to State Representative Pam Jochum and
State Senator Mike Connolly requesting their opposition to HSB 46 and SSB 1037 relating to
a municipality’s ability to pursue and maintain telecommunication utilities, upon motion
received and filed.
Coast Guard Marine Security Measures: City Manager transmitting information in response
to the Coast Guard Marine Security Regulations and comments regarding key areas that
might impact the City and community projects, upon motion received and filed and approved.
Urban Revitalization/Tax Exemption Applications: City Manager recommending approval of
the eligible Calendar Year 2003 Urban Revitalization Applications, upon motion received and
filed. Michalski moved adoption of Resolution No. 47-03 Approving residential property tax
exemption applications submitted by property owners in recognized urban revitalization
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areas and authorizing the transmittal of the approved applications to the City Tax Assessor.
Seconded by Connors. Motion carried 6-0.
Martin Addition – Plat of Survey: Zoning Advisory Commission recommending approval of
the Plat of Survey of Martin Addition to allow for the subdivision of an existing parcel of land
into five lots as requested by William Burger, upon motion received and filed. Michalski
moved adoption of Resolution No. 48-03 Approving the Plat of Survey of Martin Addition in
the County of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0.
Winner Place – Plat of Survey of Lots 1 and 2: Zoning Advisory Commission
recommending approval of the plat of Survey of Lots 1 and 2 of Winner Place to facilitate the
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sale of a building located at 25/27 West 15 Street, as requested by Delbert and Sharon
Winner, upon motion received and filed. Michalski moved adoption of Resolution No. 49-03
Approving the Plat of Survey of Lots 1 and 2 of Winner Place. Seconded by Connors.
Motion carried 6-0.
Amendments to Federal Legislative Issues: City Manager submitting two amendments to
the City’s Federal Legislative Issues, upon motion received and filed and approved
submission of amendments.
Business Licenses: Michalski moved adoption of Resolution No. 50-03 Granting the
issuance of a Class “C” Beer Permit to Hartig Drug, Clark Retail, Lee’s 76 West Locust Mart,
Dubuque Discount Gas, and Big 10 Mart and Resolution No. 51-03 Granting the issuance of
a Class “C” Beer/Liquor License to Hammerheads Bar and Billiards, Cue Master Billiards,
Tony’s Place, Dubuque Mining Company, and Busted Lift; Class “B” Wine Permit to Hartig
Drug #4; and Class “E” Liquor License to Hartig Drug #4. Seconded by Connors. Motion
carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the
following Commission: Community Development Advisory Commission (Three unexpired 3-
year terms for Census Tracts 2, 3 and 4; One 3-year term for Census Tract 1 to expire
2/15/06 – Term of Isenhart): Applicant: Chuck Isenhart. No one spoke.
PUBLIC HEARINGS
ARC Design Resources, Inc./JMC Gold Medal Meat, Inc.: Communication from Joseph R.
Altenhoff, ARC Design Resources, Inc., on behalf of Wal-Mart Stores, Inc. requesting
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Council withdraw the application to rezone the property at 16 and Sycamore Streets; City
Manager submitting a communication to Joseph Altenhoff of ARC Design regarding possible
source of funds to assist in demolition/cleanup of the Smithfield property; Proof of
publication on notice of hearing to consider a request from ARC Design Resources, Inc./JMC
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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, and an Ordinance Amending Appendix A (the Zoning Ordinance) of
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the City of Dubuque Code of Ordinances by reclassifying hereinafter described property
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located along 16 Street from HI Heavy Industrial District to PUD Planned Unit Development
District with a PC Planned Commercial designation and adopting a conceptual development
plan, with conditions, for Wal-Mart Stores, Inc., presented and read. Nicholson moved to
accept the request to withdraw the application. Seconded by Cline. Motion carried 6-0.
Highway 61/151 and Highway 52 – Request to Rezone: Communication from Daniel J.
Mueller requesting that Council not take action on the rezoning request and refer the matter
to the Zoning Advisory Commission, proof of publication on notice of hearing to consider a
request from Dan Mueller to rezone property located south of Highway 61/151 and Highway
52 (Lot 1 of Key Gate Center No. 2) from PR Planned Residential District to PI Planned
Industrial District to allow for the location of a batch mix plant 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 along U.S. Highway 52 east of U.S. Highway 61/151 from PUD
Planned Unit Development District with a PR Planned Residential District to PUD Planned
Unit Development District with a PI Planned Industrial designation and adopting a
conceptual development plan with conditions, presented and read. Michalski moved to refer
this matter back to the Zoning Advisory Commission. Seconded by Cline. Motion carried 6-
0.
Eagle Villa – 2800 Rhomberg Avenue – Request to Rezone: Communication from A.J.
Spiegel withdrawing his request to rezone property at 2800 Rhomberg Ave.; Proof of
publication on notice of hearing to consider a request from Stott and Associates/A.J. Spiegel
to rezone property located at 2800 Rhomberg Avenue from CR Commercial Recreation
District to PUD Planned Unit Development District with a PR Planned Residential zoning
designation 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 2800 Rhomberg Avenue from CR
Commercial Recreation District to PUD Planned Unit Development District with a PR
Planned Residential District Designation and adopting a conceptual development plan with
conditions, presented and read. Michalski moved that this item be withdrawn from the
Agenda. Seconded by Connors. Motion carried 6-0.
Upon motion the rules were suspended to allow anyone present to speak.
3300 Nightengale Lane – Request to Rezone: Proof of publication on notice of hearing to
consider a request from Patrick and Patricia Kennedy to rezone property located south of
Nightengale Lane from R-1c Single-Family Residential, with conditions, to R-1 Single-Family
Residential District and Zoning Advisory Commission recommending approval, upon motion
received and filed.
Attorney Joe Bitter, representing the Kennedy’s, spoke in support of this rezoning.
Ordinance No. 4-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located south of
Nightengale Lane from R-1 Single-Family Residential District, with conditions, to R-1 Single-
Family Residential 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
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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 6-0.
1205 Cleveland Avenue – Request to Rezone: Proof of publication on notice of hearing to
consider a request from Doug and Marie Colin to rezone property located at 1205 Cleveland
Avenue from R-2 Two-Family Residential District to C-1 Neighborhood Commercial District
and Zoning Advisory Commission recommending approval, upon motion received and filed.
Marie Colin spoke in support of the requested rezoning.
Ordinance No. 5-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1205
Cleveland Avenue from R-2 Two-Family Residential Zoning District to C-1 Neighborhood
Commercial Zoning 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 6-0.
3925 Dodge Street – PUD Amendment: Proof of publication on notice of hearing to
consider a request from Tom Luksetich and Steve Smith to amend the PUD Planned Unit
Development District at 3925 Dodge to allow construction of a new 44,287 square foot
building and Zoning Advisory Commission recommending approval, upon motion received
and filed.
Tom Luksetich spoke stating this is another step in the development of Menard’s Store.
Ordinance No. 6-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinance 67-02, which adopted
regulations for the PUD Planned Unit Development with a PC Planned Commercial
Designation for 3925 Dodge Street, 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 6-0.
Mississippi River Discovery Center Wetland – Site Package Interior Walkways 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 Contract #3 – Plumbing to
Portzen Construction in the amount of $11,100 and Contract #4 – Electrical (including the
alternate) to Paulson Electric Company in the amount of $29,238; and rejection of Contract
#1 – Wood Piers and Decking and Contract #2 – Wood Framing and Railings, upon motion
received and filed. Cline moved adoption of Resolution No. 52-03 Adopting 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. 53-03 Awarding
certain contracts for the Mississippi River Discovery Center Wetland – Site Package II
Interior Walkways Project and rejecting the remaining construction contract bid proposals;
Resolution No. 54-03 Ordering bids for the Mississippi River Discovery Center Wetland –
Site Package Interior Walkways Project (Contract 1 – Wood Piers and Decking and Contract
2 – Wood Framing). Seconded by Connors. Motion carried 6-0.
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Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
2004 National Alliance of Preservation Commission (NAPC): Communication from the
Historic Preservation Commission requesting the City Council submit a letter of support for
the City to host the 2004 National Alliance of Preservation Commission, upon motion
received and filed and approved letter of support.
National League of Cities: Communications from the Iowa League of Cities appointing
Council Member Ann Michalski to serve as one of Iowa’s representatives on the Human
Development Policy Committee of the National League of Cities, upon motion received and
filed.
COUNCIL MEMBER REPORTS
Michalski stated that the trip of City leaders to Washington, D.:C. was very positive. Cline
requested that City Staff look at the creation of a Bluff Land Overlay District in regard to the
possible rezoning of riverfront properties. Markham, Buol, Michalski and Connors said they
were open to information.
At 7:15 P.M. upon motion it was resolved to go into Closed Session – Pending Litigation –
Chapter 21.5(1)(c) 2001 Code of Iowa.
At 7:31 P.M. Council reconvened Regular Session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:32 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 2/26
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