Council Min 1 21 02 this meetinCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, January 21, 2002
Council met for dinner at 4:45 P.M. in the Library Rotunda
Council met in Special Session at 5:23 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Michalski, Council Members Buol, Cline, Connors, Markham,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan.
Mayor Pro-Tem Michalski read the call and stated this is a Special Session of the City Council
called for the purpose of discussing Streetscape Design Guidelines in the Historic Preservation
Districts.
Terry Mozena, Chair of the Historic Preservation Commission, introduced the members of the
Historic Design Guidelines Steering Committee that were present.
Kevin Eipperle of The Durrant Group presented the draft Guidelines.
At 6:07 P.M. there being no further business on this subject, upon motion it was resolved to
go into Closed Session – re: Pending Litigation and Acquisition of Property – Iowa Code
Chapter 21.5(1)(c)(j).
At 6:28 P.M. upon consensus Closed Session adjourned stating Staff had been given proper
direction.
Jeanne F. Schneider
City Clerk
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COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 21, 2002
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Michalski, Council Members Buol, Cline, Connors, Markham,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan.
Invocation was given by President Ken Daughters, Emmaus Bible College.
CONSENT ITEMS
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Minutes Submitted: City Council of 1/7; Civil Service Commission of 12/18; Historic
Preservation Commission of 12/20; Park and Recreation Commission of 12/11; Transit Board of
12/13; Zoning Advisory Commission of 12/19 and 1/2; Zoning Board of Adjustment of 12/20,
upon motion received and filed.
Finance Director submitting the City of Dubuque Financial reports for the month ending
December 31, 2001, upon motion received and filed.
Printed Council Proceedings for November 2001, upon motion approved as printed.
Notice of Claims/Suits: David Draper in estimated amount of $629.04 for vehicle damage;
Carol Ernst in estimated amount of $503.97 for vehicle damage; Farm Bureau Mutual Insurance
in undetermined amount for vehicle damage and personal injury of Earl Hinzman; Leuwerke
and Associates, Inc. in undetermined amount for property damage claim of Ellen Close; Randy
Rath in estimated amount of $800 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: Richard J. Hartig
for property damage.; Joe A. Kubicek for personal injury; and SISCO for personal injury claim
of Jody Bradley, upon motion received and filed.
Corporation Counsel recommending approval of the claim of Joe Chapman for property
damage in the amount of $15.00 and directing the Finance Director to issue the proper
payment, upon motion received and filed and directed Finance Director to issue proper
payment.
Citizen Communications:
Communication from John and Tina Perry requesting that the City vacate a portion of
Burlington and Stolz Street abutting their property, upon motion received and filed and referred
to the City Manager.
Communication from Brendan T. Quann, representing the Sisters of Charity of the Blessed
Virgin Mary, requesting that the City vacate a portion of Carmel Drive abutting property owned
by the Sisters of Charity, upon motion received and filed and referred to the City Manager.
Communication from Kenneth J. Moore and Vince Kilburg requesting that parking be allowed
in the alley between Main Street and Iowa Street for tenants in building located at 140 Loras
Boulevard, upon motion received and filed and referred to the City Manager. Mr. Vince Kilburg
of Bellevue, as Building Manager, spoke clarifying this request.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Stock Clerk and amending the certified list for Equipment Operator II, upon motion
received and filed and made a matter of record.
City Precinct and Ward Plan: Communication from Chet J. Culver, Secretary of State,
advising that the State has approved the City Precinct and Ward Plan as submitted, upon
motion received and filed.
Dubuque Girls’ Independent League: City Manager recommending approval of the first
amendment to the lease agreement between the City of Dubuque and the Dubuque Girls’
Independent League for 11.6 acres of the Rip Row Valley property to clearly state when the
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general public will be able to use the leased area, upon motion received and filed. Buol moved
adoption of Resolution No. 9-02 Approving an amendment to the lease agreement with the
Dubuque Girls’ Independent League. Seconded by Cline. Motion carried 6-0.
Phase III Historical/Architectural Survey Grant Agreement: City Manager recommending
approval of a Certified Local Government (CLG) grant agreement for Phase III of Dubuque’s
Architectural/Historic Survey/Evaluation, upon motion received and filed and approved
recommendation.
Final Plat – Lots 1 and 2 of C and Z Addition: Zoning Advisory Commission recommending
approval of the final plat of Lots 1 and 2 of C and Z Addition located at 605 and 611 South
Grandview at the request of Roland Clinton and Richard and Patricia Zahina, upon motion
received and filed. Buol moved adoption of Resolution No. 10-02 Approving the final plat of
Lots 1 and 2 of C and Z Addition. Seconded by Cline. Motion carried 6-0.
330 - 336 Main Street – Acceptance: City Manager recommending acceptance of the
demolition project at 330 – 336 Main Street in the final contract amount of $150,040 as
completed by Tschiggfrie Excavating, upon motion received and filed. Buol moved adoption of
Resolution No. 11-02 Accepting improvement and Resolution No. 12-02 Approving final
contract amount of $150,040. Seconded by Cline. Motion carried 6-0.
Westside Intake Replacement Project – Acceptance: City Manager recommending
acceptance of the Westside Intake Replacement Project in the final contract amount of
$39,704.11 as completed by Renaissance of Dubuque Corporation, upon motion received and
filed. Buol moved adoption of Resolution No. 13-02 Accepting improvement and Resolution
No. 14-02 Approving final contract amount of $39,704.11. Seconded by Cline. Motion carried
6-0.
2001 CDBG Curb Ramp Installation – Acceptance: City Manager recommending acceptance
of the 2001 Curb Ramp Installation (CDBG) Project in the final contract amount of $31,052.28,
upon motion received and filed. Buol moved adoption of Resolution No. 15-02 Accepting
improvement and Resolution No. 16-02 Approving final contract amount of $31,052.28.
Seconded by Cline. Motion carried 6-0.
2001 Sidewalk Assessment Project: City Manager recommending approval of the final
assessment schedule for the 2001 Sidewalk Assessment Project, upon motion received and
filed. Buol moved adoption of Resolution No. 17-02 Adopting the final assessment schedule
for the 2001 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 Cline. Motion
carried 6-0.
Dubuque Yacht Basin Lease Amendments: City Manager recommending approval of three
corrected lease amendments between the City and Dubuque Yacht Basin, Inc., which were
approved on December 17, 2001, upon motion received and filed and approved
recommendation.
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Dodds River Terminals – Lease Amendment: City Manager recommending approval of an
amendment to the lease agreement between the City of Dubuque and Dodds River Terminals
for rail access, upon motion received and filed. Buol moved adoption of Resolution No. 18-02
Approving the First Amendment to Lease and Agreement between Dubuque Twine Company
and the City of Dubuque dated April 10, 1979. Seconded by Cline. Motion carried 6-0.
Authorized Depository Institutions: City Manager recommending increasing the maximum
balance for the City’s authorized depository institutions (Firstar Bank N.A., Dupaco Community
Credit Union, Premier Bank, East Dubuque Savings Bank, and Liberty Bank) from $15,000,000
to $20,000,000, upon motion received and filed and approved recommendation. Buol moved
adoption of Resolution No. 19-02 Naming Depositories. Seconded by Cline. Motion carried 6-
0.
Dubuque Yacht Basin – Firstar Assignment: City Manager recommending approval of the
assignment of real estate and lease agreements for the Dubuque Yacht Basin to Firstar Bank,
upon motion received and filed and approved recommendation.
Quarterly Investment Report: City Manager submitting the December 31, 2001 Quarterly
Investment Report, upon motion received and filed.
Four Mounds Foundation: City Manager recommending support for a grant application by the
Four Mounds Foundation to the State Historical Society for repairs to the exterior of the Grey
House (Conference Center/Inn), upon motion received and filed and approved
recommendation.
Heartland Financial – Notice of No Significant Impact: City Manager recommending approval
of a combined Notice of No Significant Impact on the Environment and Notice of Intent to
Request Release of Funds for the Heartland Financial USA project, upon motion received and
filed. Buol moved adoption of Resolution No. 20-02 Authorizing publication of a Combined
Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request
Release of Funds for Heartland Financial USA Project. Seconded by Cline. Motion carried 6-
0.
Agreement Between the City of Dubuque and Delta Dental Plan of Iowa: City Manager
recommending approval of the Administrative Services and Financial Agreement between the
City of Dubuque and Delta Dental Plan of Iowa for services related to the administration of the
City’s dental plan, upon motion received and filed and approved recommendation.
Iowa League of Cities Conference: City Manager recommending that the City submit a bid for
the Iowa League of Cities Conference scheduled for 2005 and 2006, upon motion received and
filed and concurred.
City Manager recommending approval of Permit Application to Corps of Engineers for
Dubuque County Historical Society Wetlands Project, upon motion received and filed and
approved recommendation.
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Business Licenses: Buol moved adoption of Resolution No. 21-02 Granting issuance of a
Class “C” Beer Permit to Dubuque Discount Gas, Oky Doky #8, IOCO Speede Shoppe #33,
and Liquor Depot of Dubuque and Resolution No. 22-02 Granting issuance of a Class “C”
Beer/Liquor License to Town Clock Inn, Tony’s Place, and Goetz’s; and a Class “B” Wine
Permit to Liquor Depot of Dubuque. Seconded by Cline. Motion carried 6-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Human Rights Commission (Three vacancies for terms through 1/1/05 – terms of Blau,
Determan, and Sutton). Applicants: Sr. Corine Murray, PBVM; Lou Oswald; Bill Ross; Joseph
Hopkins. Upon vote, Sr. Corine Murray, PBVM, Lou Oswald, and Bill Ross appointed to three
year terms which will expire 1/1/05.
Plumbing Board (Journeyman – Term of Papin to expire 11/2/03): Applicant:Paul Papin.
Upon motion Mr. Papin reappointed to the Plumbing Bd. to a term to expire 11/2/03.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Loras College – Request to Amend the ID Institutional District: Proof of publication on notice
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of hearing to consider amending the ID Institutional District located from Henion Street to 16
Street at the request of Loras College to allow for construction of student apartments and
Zoning Advisory Commission recommending approval, upon motion received and filed.
Ordinance No. 1-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinance 18-00 and approving an
amended Campus Development Plan for the Loras College ID Institutional 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 6-0.
White Street Reconstruction 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
adoption of the plans and specifications and that a second public hearing and award of the
contract be scheduled for February 18, 2002; Communication from Ena Rae-Lienne Porter,
2268 White Street, expressing concern regarding the cost of the improvements; Communication
from Brenda Lee Thurston Burke, objecting to the public improvement assessment for
reconstruction of White Street; Communication from Karen M. and Mark J. Kuhle regarding the
White Street reconstruction project; Communication of Ellis Swartz, 2665 Jackson Street;
Communication of Louise Welu, 3103 White Street; and Communication of Raymond O’Brien
2760 Central, objecting to the assessments for the reconstruction of White Street, upon motion
received and filed. Nicholson moved adoption of Resolution No. 23-02 Rescinding the
preliminary schedule of assessments and approving a revised preliminary schedule of
assessments and Resolution No. 24-02 With respect to the adoption of the Resolution of
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Necessity proposed for the White Street Reconstruction Project (with Option Three). Seconded
by Buol. Motion carried 6-0.
515 Garfield Avenue – Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at 515 Garfield Avenue from R-2A Alternate Two-Family
Residential District to OR Office Residential District as requested by Scott Potter and Zoning
Advisory Commission recommending approval, upon motion received and filed.
Scott Potter, 17121 Freund Rd., spoke in favor of the proposed rezoning.
Ordinance No. 2-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 515 Garfield
Avenue from R-2A Alternate Two-Family Residential District to OR Office Residential 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 Cline. Motion carried 6-0.
Holliday Drive – Request to Amend the Planned Unit Development: Proof of publication on
notice of hearing to consider amending the Planned Unit Development at the southwest corner
of Asbury Road and Holliday Drive as requested by A.J. Spiegel and Dr. Timothy Quagliano
and Zoning Advisory Commission recommending approval, upon motion received and filed.
Ordinance No. 3-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by repealing Section 2(C)(2) of Ordinance No. 15-99 and enacting a new
Section 2(C)(2) in lieu thereof pertaining to access requirements of the PC Planned Unit
Commercial District for QHQ Properties, 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 6-0.
Dubuque Jaycees/Peosta Channel Trail 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 that the City proceed with the project, upon motion received and filed.
Nicholson moved adoption of Resolution No. 25-02 Adopting plans and specifications for the
project. Seconded by Cline. Motion carried 6-0.
Port of Dubuque Utility Relocation and Extension 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 the contract for the Port of Dubuque Utility Relocation and
Extension Project to Fischer Excavating, Inc., in the amount of $908,591.98, upon motion
received and filed.
Rod Tschiggfrie, 4105 Thunder Ridge Rd. of Tschiggfrie Excavating Co., spoke of concerns
with the bid letting and stated clarification is necessary in the bid specs and that the Vision
Iowa Funds should be meant for Iowa.
Wayne Fischer, of Fischer Excavating, spoke stressing he is a responsible contractor, and
that their subcontractors are from Iowa.
City Manager Van Milligen spoke stating that no Vision Iowa money is being used in this
project.
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Markham moved adoption of Resolution No. 26-02 Adopting plans and specifications for the
project and Resolution No. 27-02 Awarding contract to Fischer Excavating, Inc. Seconded by
Nicholson. Motion carried 6-0.
Watermain and Road Extension from Chavenelle Road at Radford Road to the Industrial Park
Proof of publication on notice of hearing to consider approving a proposed public improvement
project to construct the Chavenelle Road watermain extension and to acquire property for the
extension of Chavenelle Road, and to acquire agricultural land for the project and City Manager
recommending adoption of the resolution approving construction of the Chavenelle Road
watermain extension and acquisition of property for the extension through condemnation if
necessary, upon motion received and filed. Markham moved adoption of Resolution No. 28-02
Approving a public improvement project to construct the Chavenelle Road Watermain
Extension, to acquire property for the extension of Chavenelle Road, and to acquire agricultural
land for the project. Seconded by Buol. Motion carried 6-0.
Planned Unit Development District – Text Amendment: Proof of publication on notice of
hearing to consider an amendment to Section 3-5.5(B) Planned Unit Development of the City of
Dubuque Code of Ordinances as requested by the City of Dubuque and Zoning Advisory
Commission recommending approval, upon motion received and filed. Ordinance No. 4-02
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
repealing Section 3-5.5(B) and adopting a new Section 3-5.5(b) in lieu thereof pertaining to
general requirements of Planned Unit Developments, 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 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of GDDC, to
present their quarterly report – this item removed from the Agenda.
Housing Authority Governing Board: City Manager recommending approval of an amendment
to the Code of Ordinances to create a municipal housing agency governing board for
administration of the City’s federal Section 8 rental assistance program, upon motion received
and filed. Ordinance No. 5-02 Amending Chapter 15, Community Development, of the City of
Dubuque Code of Ordinances by repealing Article II, Low-Rent Housing, Division I, Generally,
Section 15-11, Designation of Municipal Housing Agency and adopting a new Article II
Municipal Housing Powers, Division 1, Municipal Housing Agency, Section 15-11 Municipal
Housing Agency and Governing Board; and by repealing Section 15-12, Housing Program
Supervisor, 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 6-0.
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Comprehensive Annual Financial Report (CAFR): City Manager submitting the Fiscal Year
2001 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements,
Management Letter and Response to Management Letter, upon motion received and filed.
Sunset Ridge: Communication from Douglas Henry requesting that Sunset Ridge be declared
a public street and related correspondence, presented and read.
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Attorney Doug Henry, 151 W. 8 St., speaking on behalf of several property owners,
requested that this street be declared a public City street.
Cline moved to receive and file the communication. Seconded by Nicholson. Motion passed
6-0.
Markham moved that Sunset Ridge be accepted as a public street and incorporated within the
City. Seconded by Buol. Vote on the motion was as follows: Yeas – Buol, Markham. Nays –
Cline, Connors, Michalski, Nicholson. Motion Failed.
Nicholson moved to direct Corporation Counsel to negotiate a fifty/fifty split of reconstruction
cost with property owners if the City were to accept the street as a public street and if this was
not successful, to take the matter to District Court for a decision. Motion died due to lack of a
second.
Cline moved to refer the matter to staff. Motion died due to lack of a second.
Markham moved to table the matter. Seconded by Buol. Vote on the motion was as follows:
Yeas--Buol, Cline, Connors, Michalski, Markham. Nay–Nicholson. Motion passed 5-1.
Way-Finding Signage: City Manager recommending approval of the Way-Finding Signage
Task Force recommendations with modifications, presented and read. Nicholson moved that
the communication be received and filed and recommended approval of the Task Force’s
recommendation as to the “Grandview District” rather than the alternate “College District.”
Seconded by Buol. Carried by the following vote: Yeas—Connors, Markham, Michalski,
Nicholson, Buol. Nays—Cline.
National League of Cities: Communication from the National League of Cities appointing
Council Member Dan Nicholson to the 2002 Information Technology and Communications
Steering Committee and requesting that he accept the appointment, upon motion received and
filed and approved the appointment.
Iowa League of Cities: Communication from Iowa League of Cities appointing Council
Member Patricia Cline to serve as one of Iowa’s representatives on the Public Safety and Crime
Prevention Policy Committee, upon motion received and filed and approved the appointment.
Rail Feasibility Study: City Manager recommending that a portion of Fiscal Year 2002 funds
programmed by Keyline Transit as the local match for trolley vehicles be redirected as the
matching funds for the Rail Feasibility Study, which has been approved for funding by
Congress, upon motion received and filed and approved recommendation.
Fiscal Year 2003 Operating Budget and Capital Improvement Program: City Manager
presenting the Fiscal Year 2003 Operating Budget and Capital Improvement Program, upon
motion received and filed.
COUNCIL MEMBER REPORTS
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Markham requested an update on the hiring of a Library Director.
ITEMS TO BE SET FOR PUBLIC HEARING
Bond Sale to Support Main Street Reconstruction Project: City Manager recommending that a
public hearing be set for Monday, February 4, 2002 to consider the sale of $1,000,000 General
Obligation Bonds, Series 2002, upon motion received and filed. Buol moved adoption of
Resolution No. 29-02 Fixing date for a meeting on the proposition of the issuance of not to
exceed $1,000,000 General Obligation Bonds (for an Essential Corporate Purpose) of
Dubuque, Iowa, and providing for publication of notice thereof, and further set this for Public
Hearing on 2/4/02 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 6-0.
Downtown Urban Renewal: City Manager recommending adoption of a Resolution of
Necessity finding that an Amendment to the Urban Renewal Plan for the Downtown Urban
Renewal District is necessary and setting a public hearing for April 1, 2002, upon motion
received and filed. Buol moved adoption of Resolution No. 30-02 of Necessity finding that the
expansion of the Downtown Dubuque Urban Renewal District is an area meeting the definitions
of blight and economic development and that development of said area is necessary in the
interest of the residents of the City of Dubuque, Iowa and further set this for Public Hearing on
4/1/02 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 6-0.
Rezoning Request of Dennis and Lori Ansel: City Manager recommending that the public
hearing to consider the rezoning request of Dennis and Lori Ansel, which was tabled on
October 16, 2000, be reset for hearing on February 4, 2002, upon motion received and filed
and set this for Public Hearing on 2/4/02 at 6:30 P.M. in the public library auditorium and that
the City Clerk publish notice in the manner prescribed by law.
Hazard Mitigation Plan Task Force: City Manager recommending that a public hearing be set
for February 4, 2002 to consider the City’s Hazard Mitigation Plan as developed by the Hazard
Mitigation Plan Task Force, upon motion received and filed and set for Public Hearing on
2/4/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the
manner prescribed by law.
Cottingham and Butler - Irrevocable License: City Manager recommending that a public
hearing be set for February 4, 2002 to consider disposing of City-owned property to Cottingham
and Butler to construct an underground tunnel in the public right-of-way from their current
building to their buildings at 823 and 835 Main Street, upon motion received and filed. Buol
moved adoption of Resolution No. 31-02 of Intent to dispose of City’s interests under a portion
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of Main Street between 8 and 9 Streets in the City of Dubuque, Iowa to Cottingham and
Butler and further set this for Public Hearing on 2/4/02 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 6-0.
PUBLIC INPUT
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Richard Kieffer, 2260 White St., spoke of difficulty getting through the non-emergency phone
numbers at the Dispatch Center.
There being no further business, upon motion meeting adjourned at 9:04.
Jeanne F. Schneider
City Clerk
1t 1/30
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