2 18 02 Council Min this meetinCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 18, 2002
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager
Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent at Roll Call: Mayor Duggan.
Mayor Pro-Tem Michalski read the call and stated this is the regular session of the City Council for
the purpose of acting upon such business that may properly come before the City Council.
Invocation was given by Father Scott Bullock, Director of Seminarians, Archdiocese of Dubuque.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 1/28; Civil Service Commission of 1/3; Human Rights
Commission of 1/14; Mechanical Code Board of 1/31; Park and Recreation Commission of 1/8;
Plumbing Board of 1/29; Zoning Advisory Commission of 2/6, upon motion received and filed.
Proof of publication of City Council proceedings of 1/21; proof of publication of list of claims and
summary of revenues for the month ending December 31, 2001, upon motion received and filed.
Printed Council Proceedings for December, 2001, upon motion approved as printed.
Chamber of Commerce Convention and Visitors Bureau Quarterly Report, upon motion received
and filed.
Finance Director Ken TeKippe submitting the City of Dubuque Financial Reports for the month
ending January 31, 2002, upon motion received and filed.
Notice of Claims/Suits: Shirley Blong in undetermined amount for property damage; Deborah S.
DeVenuta in estimated amount of $393.53 for vehicle damage; Jorja's Restaurant and Lounge in
estimated amount of $129.47 for property damage; L & I Building Company in estimated amount of
$1,108.12, 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: Shirley Blong for property
damage; Fred White for property damage, upon motion received and filed and concurred.
Mechanical Board of Examiners: Building Services Manager Rich Russell advising that there is a
vacancy on the Mechanical Board of Examiners due to the death of Board Member Bob Bush, upon
motion received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for the positions
of Aquatics and Therapeutic Recreation Supervisor and Sanitation Driver, upon motion received and
filed and made a matter of record.
Hazard Mitigation Plan: Communication from Darwin Polk, East Central Intergovernmental
Association, requesting that the City consider a Resolution formally adopting the Dubuque Hazard
Mitigation Plan, which the Council approved on February 4, 2002, upon motion received and filed.
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Buol moved adoption of Resolution No. 69-02 Approving and adopting the Dubuque Hazard
Mitigation Plan. Seconded by Cline. Motion carried 6-0.
Mediacom Communications Corporation: Communication from City Manager Michael C. Van
Milligen to Bruce Gluckman, Vice President of Legal and Regulatory Affairs for Mediacom
Communications Corporation, regarding franchise fees, upon motion received and filed.
Department of Public Defense - Emergency Management Division: Communication of City
Manager Michael C. Van Milligen to Ellen M. Gordon, Administrator of the Iowa Department of Public
Defense Emergency Management Division regarding Dubuque County's compliance status with
State of Iowa Code Section 29C.9(8), upon motion received and filed.
Legislative Correspondence: Communication of City Manager Michael C. Van Milligen to area
legislators advising that the City supports a bill being considered in the House to set the tax rate at
the Dubuque Greyhound Park and Casino at 28 percent, upon motion received and filed.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising
that the Four Mounds Estate Historic District, and the Town Clock Building have been listed in the
National Register of Historic Places effective January 24, 2002, upon motion received and filed.
Eagle Point No. 2 - Final Plat: Zoning Advisory Commission recommending approval of the final
plat of Eagle Point No. 2 Subdivision at the end of Rhomberg Avenue in the City of Dubuque and
Dubuque County as requested by the City of Dubuque, and a Resolution Approving the final plat of
Eagle Point No. 2 in the City of Dubuque, Iowa, presented and read.
John Duccini spoke and requested that this item be tabled. Rita Johnson spoke and requested
that this be adopted as recommended. Nicholson moved to table this matter for one month.
Seconded by Markham. Motion carried 6-0.
Sullivan's Addition - Final Plat: Zoning Advisory Commission recommending approval of the final
plat of Lots 1 through 6 of Sullivan's Addition on West 32® Street west of Fink Street in the City of
Dubuque and Dubuque County as requested by James and Anita Sullivan, upon motion received
and filed. Buol moved adoption of Resolution No. 70-02 Approving the final plat of Lots 1 through 6
of Sullivan's Addition in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 6-0.
Westview Shopping Center Place No. 2 - Plat of Survey: Zoning Advisory Commission
recommending approval of the plat of survey of Lot 1-2A and Lot 2-2A of Westview Shopping Center
Place No. 2 located in the 1800 block of John F. Kennedy Road as requested by Key City Investment
Company, upon motion received and filed. Buol moved adoption of Resolution No. 71-02 Approving
the plat of survey of Lot 1-2A and Lot 2-2A of Westview Shopping Center Place No. 2 in the City of
Dubuque, Iowa. Seconded by Cline. Motion carried 6-0.
Westview Shopping Center Place No. 3 - Plat of Survey: Zoning Advisory Commission
recommending approval of the plat of survey of Westview Shopping Center Place No. 3 located in
the 1800 block of John F. Kennedy Road as requested by Key City Investment Company, upon
motion received and filed. Buol moved adoption of Resolution No. 72-02 Approving the plat of
survey of Westview Shopping Center Place No. 3 in the City of Dubuque, Iowa. Seconded by Cline.
Motion carried 6-0.
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Certified Local Government Grant: City Manager recommending that the contract for the design
review training program for the City's historic districts be awarded to The Durrant Group, upon
motion received and filed. Buol moved adoption of Resolution No. 73-02 Awarding a contract for
design review training. Seconded by Cline. Motion carried 7-0.
Phase II Historical/Architectural Survey Grant Agreement: City Manager providing a final report for
Phase II of Dubuque's Architectural/Historic Survey/Evaluation, upon motion received and filed.
Woodward Museum - 2002 Renovations Project: City Manager recommending that Resolution
Nos. 66-02, 67-02 and 68-02 relating to the Woodward Museum - 2002 Renovations Project be
rescinded, as the Museum has not received environmental concurrence from the Iowa Department of
Transportation, upon motion received and filed. Buol moved adoption of Resolution No. 74-02
Rescinding Resolution Numbers 66-02, 67-02, and 68-02, giving Preliminary Approval of Plans and
Specifications, Fixing Date of Public Hearing on Plans and Specifications, and Ordering Bids for the
Woodward Museum - 2002 Renovations Project. Seconded by Cline. Motion carried 6-0.
Bunker Hill Golf Course Management Agreement: City Manager recommending that the City enter
into a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1, 2002 and ending November 30, 2002, upon motion
received and filed and approved agreement.
Statewide Disadvantaged Business Enterprise (DBE) Certification Program: City Manager
recommending approval of the Statewide Unified Certification Program for Disadvantaged Business
Enterprises for the City of Dubuque, upon motion received and filed. Buol moved adoption of
Resolution No. 75-02 Approving Iowa Department of Transportation Unified Certification Program
Agreement. Seconded by Cline. Motion carried 6-0.
Project Concern Services Agreement: City Manager recommending approval of the Project
Concern Driver Services Agreement with KeyLine from January 1, 2002 to June 30, 2005, upon
motion received and filed and approved agreement
City of East Dubuque Intergovernmental Agreement: City Manager recommending approval of an
Intergovernmental Agreement with the City of East Dubuque for minibus service from March 1, 2002
to June 30, 2003, upon motion received and filed and approved agreement
Historic Bluffs Neighborhood Association: City Manager submitting a letter of support for the
Historic Bluffs Neighborhood Association's application to the Dubuque Racing Association for
streetscape improvements on Loras Boulevard, upon motion received and filed.
Access Agreement- Giese Company, LLC: City Manager recommending approval of an
Agreement between the City and Giese Properties, L.L.C. to permit access for site preparation
related to the construction of a new manufacturing facility for Giese Manufacturing Company, Inc. in
the Dubuque Industrial Center West, upon motion received and filed and approved agreement.
Urban Revitalization/Tax Exemption Applications: City Manager recommending approval of the
eligible Calendar Year 2002 Urban Revitalization Applications, upon motion received and filed. Buol
moved adoption of Resolution No. 76-02 Approving residential property tax exemption applications
submitted by property owners in recognized Urban Revitalization Areas and authorizing the
transmittal of the approved applications to the City Tax Assessor and Resolution No. 77-02
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Approving late filed residential property tax exemption applications submitted by property owners in
recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications
to the City Tax Assessor. Seconded by Cline. Motion carried 6-0.
Allan and Urbain Contract - Acceptance: City Manager recommending acceptance of the contract
with Allen and Urbain Associates for City-owned improvements for the building at Third and Main
Streets in the final contract amount of $342,428.68, upon motion received and filed. Buol moved
adoption of Resolution No. 78-02 Accepting improvement and 79-02 Approving final estimate.
Seconded by Cline. Motion carried 6-0.
Northwest Arterial: Communication of David W. Leifker to the Iowa Department of Transportation
regarding traffic signals on the Northwest Arterial Extension, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 80-02 Granting issuance of a Class "C"
Beer Permit to Econo Foods #471 and Resolution No. 81-02 Granting issuance of a Class "C"
Beer/Liquor License to Cue Master Billiards, Hammerheads Bar/Billiards, Clubhouse, Chi Chi's
Mexican Restaurant, and The Busted Lift (Two-day outdoor Service); and Class "B" Wine Permit to
Econo Foods #471. Seconded by Cline. Motion carried 6-0.
BOARDS/COMMISSIONS
Appointment to the following Board:
Housing Code Appeals Board (Two three year terms expiring 1/11/05 -Hannan and Sampson)
Applicants: Tom Hannan, Robert L. Sampson. Upon motion Mr. Hannan and Mr. Sampson
reappointed to three year terms expiring 1/11/05.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Upon motion it was resolved to remove the following item from the table.
White Street Reconstruction Project: Proofs of publication on notice of hearing and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract to W. C.
Stewart Construction, Inc.; Communication from Richard Kieffer, et al, regarding the White Street
project; 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, objecting to the assessments for the reconstruction of White
Street, upon motion received and filed.
Richard Kieffer, 2260 White St., spoke stating of the City's need to address existing problems and
also questioned the narrowing of a portion of the street as well as the concrete thickness. Stanley Schroeder, 2244 White St. spoke agreeing with Mr. Kieffer.
Rae Lienne Porter, 2268 White St., spoke agreeing with Mr. Kieffer and requested some
adjustments that would alleviate speeding vehicles.
Markham moved adoption of Resolution No. 82-02 With respect to the adoption of the Resolution of
Necessity proposed for the White Street Reconstruction -21st to 32® Street Project; Resolution No.
83-02 Awarding contract to W. C. Stewart Construction, Inc. Seconded by Nicholson. Motion
carried 6-0.
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Area Residential Care Foundation/Health Services Credit Union: Proof of publication on notice of
hearing to consider rezoning property located at the end of John F. Kennedy Circle from C-3 General
Commercial District to R-4 Multi-Family Residential District at the request of Area Residential Care
Foundation and Zoning Advisory Commission recommending approval, upon motion received and
filed.
Jon Romaine of Area Residential Care, Joe Gonzalez of 5306 S. Mound Rd, Sherrill, IA and Pat
Friedman all spoke in support of the proposed rezoning.
Ordinance No. 6-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at end of John F. Kennedy Circle
from C-3 General Commercial District to R-4 Multi-Family Residential 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
Markham. Motion carried 6-0.
Dubuque Industrial Center West - Request to Rezone: Proof of publication on notice of hearing to
consider rezoning property located at Chavenelle Drive, east of Seippel Road/Dubuque Industrial
Center West, from AG Agricultural to PUD Planned Unit Development with a PI Planned Industrial
District designation at the request of the City of Dubuque and the Zoning Advisory Commission
recommending approval, upon motion received and filed. Ordinance No. 7-02 Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located east of Seippel Road and north of the County Farm from AG Agricultural
to PUD Planned Unit Development District with a PI Planned Industrial District designation and
adopting an amended Conceptual Development Plan, with conditions, for the Dubuque Industrial
Center West, 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.
Zoning Ordinance Text Amendment: Proof of publication on notice of hearing to consider
amending the Zoning Ordinance to reduce lot frontage and lot area requirements in R-1 Single-
Family District as requested by the City of Dubuque and the Zoning Advisory Commission
recommending approval, upon motion received and filed. Ordinance No. 8-02 Amending Appendix A
(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 3-1.1(F)
Bulk Regulations for the R-1 Single-Family Residential District to reduce lot frontage and lot area
requirements for single-family residential lots, 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.
Crescent Heights - Request to Vacate: Proof of publication on notice of hearing and City Manager
recommending approval of a request from Larry and Sharon McDermott to vacate a 20-foot wide
utility easement on Crescent Heights, upon motion received and filed. Markham moved adoption of
Resolution No. 84-02 Disposing of interest and vacate utility easement over Lots 40, 41 and 42 of
Crescent Heights in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion
carried 6-0.
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Mt. Carmel Sanitary Sewer Extension Connection Fees: Proof of publication on notice of hearing
and City Manager recommending adoption of the connection fees for the Mt. Carmel sanitary sewer
extension project, upon motion received and filed. Ordinance No. 9-02 Establishing the Mt. Carmel
Sanitary Sewer Extension Project and a schedule of fees for the connection of property to said
sewer, 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
Penalties for Tobacco Permit Holders: City Manager recommending the assessment of civil
penalties against nine tobacco permit holders, upon motion received and filed and resolved to
assess the penalties.
Southern Hills Subdivision II - Final Plat: City Manager recommending approval of the final plats of
Lots 1 - 24 inclusive of Block 1, and Lots A - E inclusive of Southern Hills Subdivision II located
northeast of the Lake Eleanor Road and Kane Road intersection, upon motion received and filed.
Cline moved adoption of Resolution No. 85-02 Adopting the final plat of Lots 1 - 24, inclusive, of
Block 1, and Lots A - E, inclusive, of Southern Hills Subdivision in Dubuque County. Seconded by
Nicholson. Motion carried 6-0.
Dubuque Industrial Center West - Final Plat: City Manager recommending approval of the final
plat of Lot 6, Lot 7, Lot F and Lot G of Dubuque Industrial Center West to allow for the sale of Lot 6
for construction of a new industrial building, upon motion received and filed. Cline moved adoption
of Resolution No. 86-02 Approving the final plat of Lot 6, Lot 7, Lot F and Lot G of Dubuque
Industrial Center West in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0.
Mayor Duggan entered the Chambers at 7:46 P.M.
Junk Dealers, Secondhand Dealers and Pawnbrokers Ordinance: City Manager recommending an
amendment to Chapter 29 of the City of Dubuque Code of Ordinances that would allow electronic
record keeping and add record keeping requirements for additional items to the Junk Dealers,
Secondhand Dealers and Pawnbrokers Ordinance, upon motion received and filed.
Michael Koch, 1623 Thomas PI., as owner of Dubuque Jewelry & Loan, spoke stating opposition to
the proposed Ordinance, stressing that the Police can request records at any time.
Bob Atkinson, 1542 Central, spoke objecting to the proposed Ordinance, stating there is no way to
keep track of some things he has, such as 6,000 pennies he recently acquired.
Ordinance No. 10-02 Amending the City of Dubuque Code of Ordinances Section 29-2 permitting
electronic record keeping by pawn shops and secondhand dealers and amending Section 29-4 to
require secondhand transactions involving collectibles, computers, software, computer accessories,
CDs, DVDs tapes, videos and other mediums for transmitting images or sounds be included in the
Ordinance, 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.
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Dubuque Jaycees/Peosta Channel Trail Project: City Manager recommending award of the
contract for the Dubuque Jaycees/Peosta Channel Trail Project to Tschiggfrie Excavating in the
amount of $330,607.10, upon motion received and filed. Markham moved adoption of Resolution
No. 87-02 Awarding contract to Tschiggfrie Excavating. Seconded by Michalski. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Markham spoke stating his concern with Mediacom Cable and stressed encouraging the Legislators
to change the deregulation as it is not working. Michalski spoke stating their need for an update on
Cable franchise negotiations as to a basic cable package.
ITEMS TO BE SET FOR PUBLIC HEARING
C.J. Bies Subdivision - Request to Vacate Utility Easement: City Manager recommending that a
public hearing be set for March 4, 2002 to consider a request from Tom Oster to vacate a ten foot
wide utility easement in C.J. Bies Subdivision, upon motion received and filed. Michalski moved
adoption of Resolution No. 88-02 of Intent to dispose of interest and vacate utility easement over
Lots 4 and 5 of C.J. Bies Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa and
further set this for Public Hearing on 3/4/02 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 Nicholson. Motion carried 7-0.
Expansion of Giese Manufacturing, Inc. at the Dubuque Industrial Center West: City Manager
recommending that a public hearing be set for March 4, 2002 to consider disposing of an interest in
real property to Giese Properties, L.L.C. and the Giese Manufacturing Company, Inc., and approval
of a Development Agreement, upon motion received and filed. Michalski moved adoption of
Resolution No. 89-02 Of Intent to dispose of an interest in real property by sale to Giese Properties,
L.L.C. pursuant to Development Agreement with Giese Properties, L.L.C and the Giese
Manufacturing Company, Inc. and further set this for Public Hearing on 3/4/02 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 Nicholson. Motion carried 7-0.
Fiscal Year 2003 Budget: City Manager recommending that a public hearing be set for Tuesday,
March 5, 2002 on the Fiscal Year 2003 Budget, upon motion received and filed. Michalski moved
adoption of Resolution No. 90-02 Setting the date of the public hearing on the Fiscal Year 2003
Budget for the City of Dubuque and Resolution No. 91-02 Setting the date of public hearing on the
Five Year Capital Improvement Program for Tuesday, 3/5/02 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 Nicholson. Motion carried 7-0.
Napier Storm and Sanitary Sewer Reconstruction - Initiate: City Manager recommending initiation
of the bidding process for the Napier Storm and Sanitary Sewer Reconstruction Project and setting a
public hearing for March 18, 2002, upon motion received and filed. Michalski moved adoption of
Resolution No. 92-02 Preliminary approval of plans and specifications; Resolution No. 93-02 Fixing
date of hearing on plans and specifications for 3/18/02 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. 94-02 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 8:08 P.M.
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/s/Jeanne F. Schneider, CMC
City Clerk
It 2/27
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