01 17 00 minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL '
Monday, January 17, 2000
At 5:00 P.M. Council had dinner on the Second Floor Rotunda, Public Library
At 5:30 P.M. Council met at the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
City Staff presented design concepts for the Third Street Parking Ramp.
Upon consensus meeting adjourned at 6:13 P.M. ,,~ ~
Mary A,~Davis CMC
City Clerk
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 17, 2000
Council Met at 6:30 P.M., in the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call .and stated this is the Regular Session of the City Council called for the
purpose to act upon such business which may properly come before the Council.
Invocation was given by Murray Phillips, Acting Director of the Dubuque Rescue Mission.
PROCLAMATIONS: January 18-20, 2000 as "Special Olympics Iowa Dubuque Winter Games Time"
received by Paul Gorrell and Amy Powers; January 28, 2000 as "Mary A. Davis Day" received by
City Clerk Mary A. Davis.
Rick Dickinson, Executive Director, Grea[er Dubuque Development Corporation, gave a verbal
progress report.
BOARDS AND COMMISSIONS:
Individuals are invited to address the Council to express their desire to serve on various
Boards/Commissions
Environmental Stewardship Advisory Commission: Applicant -- David B. Czamecki. No one
spoke.
Housing Code Appeals Board: Applicants -- David Althaus, Thomas G. Swift. No one spoke.
Human Rights Commission: Applicants -- Judith H. Giesen, Joseph A. Hopkins, Marty O'Shea,
William Ross, Charles F. Ryan, and Katherine V. Stevens. Judith Haley Giesen, Bill Ross and
Katherine V. Stevens spoke requesting appointment. Melissa Hopkins spoke requesting
reappointment for her husband.
MINUTES SUBMITTED: Cable TV Regulatory Commission of 1/12/00; Cable Community
Teleprogramming Commission of 114100; Historic Preservation Commission of 12116/99; Library
Board of Trustees of 11/17/99; Zoning Advisory Commission of 1/6/00, upon motion received and
filed. Financial reports for the month ending 12131199, upon motion received and filed. Finance
Director Duane Pitcher submitting Quarterly Investment Report for period 7/1/99 through 12/31/99,
upon motion received and filed. Proof of Publication and List of Claims and Summary of Revenues
for the Month Ending 10/99, upon motion received and filed. Proof of Publication on publishing
of Council Proceedings for 12/6/99 and 12/20/99, upon motion received and filed.
Pdnted Council Proceedings for month of November and December, 1999, upon motion approved
as printed.
NOTICES OF CLAIMS/SUITS: Kirk Dahl in the estimated amount of $3,200 for vehicle damage;
Craig and Shed Kruser in the amount of $83.14 for vehicle damage; Elaine A. Oberbroeckling in
unknown amount for personal injuries; Terry Schmitt/Butt's Florist in the amount of $73.67 for vehicle
damage; Trilog in unknown amount for electrical damages; Dubuque Bank and Trust Company vs
City of Dubuque Housing Services Rehabilitation, et al, submitting petition for foreclosure of real
estate, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising following claims have been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool for the following claims: personal injury
of Judith and Gerald Cottrell; personal injury of Gregory M. Yoko, upon motion received and filed.
Corporation Counsel recommending denial of vehicle damage claim of Butts Florist, upon motion
received and filed and approved recommendation.
Corporation Counsel recommending settlement of vehicle damage claim of Lois M. Wubben in
amount of $61.80 and Finance Director to issue check, upon motion received and filed and approved
settlement.
Zoning Advisory Commission advising of their approval of Plat of Survey for 461 and 495 West 5th
Street, upon motion received and filed. Buol moved adoption of Resolution No. 1-00 Approving Plat
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of Survey of Lots 1 and 2 of Al Miller Place in the City of Dubuque, Iowa.
Motion carried 7-0.
Seconded by Markham.
Zoning Advisory Commission advising of their approval of final plat of Fensterman Subdivision, First
Addition, splitting an existing lot into three lots (Dubuque County), upon motion received and filed.
Buol moved adoption of Resolution No. 2-00 Approving final plat of Fensterman Subdivision, First
Addition, in Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0.
City Manager recommending acceptance of 1999 AC Paving Project, upon motion received and filed.
Buol moved adoption of Resolution No. 3-00 Accepting Improvement for project and Resolution No.
4-00 Approving final estimate in amount of $184,146.14. Seconded by Markham. Motion carried
7-0.
City Manager recommending acceptance of WashingtonNalley Storm Sewer Repair Project, upon
motion received and filed. Buol moved adoption of Resolution No. 5-00 Accepting Improvement for
project and Resolution No. 6-00 Approving final estimate in amount of $132,268.31. Seconded by
Markham. Motion carried 7-0.
HUD advising of Fiscal Year 2000 formula allocation for CDBG, HOME Investment Partnerships,
Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS programs, upon motion
received and filed.
HUD advising of receipt of the City's amendment to the Federal Fiscal Year 1999 Community
Development Block Grant Annual Action Plan, upon motion received and filed.
City Manager recommending approval of operating agreement with golf professional George
Stephenson for the Bunker Hill Golf Course, upon motion received and filed and approved
recommendation.
City Manager recommending approval of management agreement for Miller-Riverview Park with Pat
Felderman, upon motion received and filed and approved recommendation.
City Manager recommending award of the swimming pool concession agreement to Dave Maiers
Concessions, upon motion received and filed and approved recommendation.
City Manager recommending approval of an application for a Marine Fuel Tax Grant, upon motion
received and filed. Buol moved adoption of Resolution No. 7-00 Authorizing application for a Marine
Fuel Tax Grant for Construction of Non-Motorized Water Craft Docking Facility. Seconded by
Markham. Motion carried 7-0.
Communication from Dubuque Metropolitan Area Solid Waste Agency advising of landfill rate
increase for FY 2001, upon motion received and filed.
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Terry Stanton advising of his resignation from the Airport Commission, upon motion received and
filed and accepted with regret.
Request of William A. Conzett on behalf of Thomas Luksetich and Steven Smith requesting vacating
and purchase of a portion of City property along Kerper Blvd., upon motion referred to the City
Manager and Staff.
City Manager recommending approval of a consultant for the Northern Levee (Peosta Channel) Trail
Project, upon motion received and filed and approved recommendation.
City Manager recommending approval of an amendment to the Project Concern Purchase of Service
Agreement, upon motion received and filed and approved recommendation.
Request of Kenneth Birch to vacate a portion of Louise Lane in Maple Leaf Addition #2, upon motion
referred tothe City Manager and Staff.
City Manager supporting Dubuque County's application on behalf of Hillcrest Family Services for
State CDBG Funding, upon motion received and filed.
City Manager recommending approval of a grant agreement for ISTEA Statewide Enhancement
Funds for the Hedtage Trail Principal Route, upon motion received and filed. Buol moved adoption
of Resolution No. 8-00 Authorizing a grant agreement for ISTEA Statewide Enhancement Project
Funds for the Heritage Trail Principal Route. Seconded by Markham. Motion carried 7-0.
City Manager submitting the 1999 Pretreatment Compliance Report for the Wastewater Pollution
Control Plant, upon motion received and filed.
Communication of the City Manager to Jim Fischer, U.S. Fish and Wildlife Office, advocating the
elimination of barge fleeting in Pearl Island, upon motion received and filed and approved
recommendation.
City Manager recommending adoption of Supplement #43 to the Code of Ordinances, upon motion
received and filed. Buol moved adoption of Resolution No. 9-00 Adopting Supplement #-43 to the
Code of Ordinances of the City of Dubuque, Iowa. Seconded by Markham. Motion carried 7-0.
Buol moved adoption of Resolution No. 20-00 Granting issuance of Cigarette License to Hy-Vee,
Inc., and Breezers Pub Com.; Resolution No. 10-00 Granting issuance of Class "B" Beer Permit
to Godfathers' Pizza and Class "C" Beer Permit to Iowa Potato Products Hs, Liquor Depot of
Dubuque, Cedar Cross AMOCO, IOCO Speede Shoppe, Casey General Store and HyVee #2;
Resolution No. 11-00 Granting issuance of Class "B" BeedLiquor Permit to Best Western Dubuque
Inn; Class "C" Liquor Permit to Breezers Pub Co, The Lounge, A & B Tap, and Ten Pin Tap; Class
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"B" Wine Permit to Dubuque Religious and Liquor Depot of Dubuque and HyVee #2.
Markham. Motion carried 7-0.
Seconded by
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council
if they so desire.
Proof of Publication on Notice of Public Hearing to reclassify property located southeast of Seippel
Road and Old Highway Road from AG to R-1 Single Family, upon motion received and filed.
Ordinance No. 1-00 Amending the Zoning Ordinance by reclassifying property located southeast
of Seippel Road and Old Highway Road from AG Agricultural District to R-1 Single Family
Residential District, with first and second readings given 12/20/99, now presented for final action.
Robbins moved final consideration and passage of the Ordinance. Seconded by Buol. Motion
carried 7-0.
Proof of Publication on Notice of Public Hearing to reclassify property located at 2702 Brunskill Road
from R-1 to PUD, upon motion received and filed. Ordinance No. 2-00 Amending the Zoning
Qrdinance by reclassifying property located at 2702 Brunskill Road from R-1 Single Family to
Planned Unit Development District with a PR Planned Residential District Designation and Adopting
an Amended Conceptual Development Plan with Conditions, for Oak Meadows Condominiums, with
first and second readings given 12/20/99, now presented for final action. Robbins moved final
consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing of the City's subordination of a mortgage interest
in certain real estate, upon motion received and filed. Buol moved adoption of Resolution'No. 12-
00 Authorizing a subordination agreement in regard to a mortgage interest in City Lot 29, City Lot
30 and South 1/3 of City Lot 31 in Original Town, City of Dubuque, Dubuque County, Iowa.
Seconded by Michalski. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to lease space on the City water tank site at 4136
Pennsylvania Avenue to Nextel Corp. to support a wireless telecommunication antenna facility, upon
motion received and filed. Markham moved adoption of Resolution No. 13-00 Approving a lease
between the City of Dubuque,.Iowa, and Nextel WIP Lease Corp for the installation and operation
of a wireless telecommunication antenna facility. Seconded by Robbins. Motion carried 7-0.
Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt
of Bids Reconstruction of the Elm Street Sanitary Sewer and City Manager recommending to award
contract for project, upon motion received and filed. Michalski moved adoption of Resolution No.
14-00 Adopting Plans and Specs. for project and Resolution No. 15-00 Awarding Contract for project
to Drew Cook and Sons, Inc, in the amount of $91,459.76. Seconded by Robbins. Motion carried
7-0.
Upon motion the rule was reinstated limiting the discussion to the Council.
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City Manager recommending approval of the final design concept for Main Street from Fifth Street
to Ninth Street; Correspondence from property owners and business owners on Main Street
requesting that Main Street be opened to traffic from 9th to 5th, without parking; Monica Hoefer
requesting not to disrupt the Town Clock Plaza, presented and read.
John Butler of Cottingham and Butler spoke requesting that Main Street be opened to two way traffic
with no parking. Dick Hartig of Hartig Drug Co., spoke of the petitions presented and majority of
businesses requesting to open the Main St. from Fifth to Ninth. Linda Herbst of Herbst Upholstery
spoke stating that as a small business at the end of Main St. she was never invited to any planning
session. Rick Dickinson on behalf of CIGNA spoke requesting to proceed with the design as
presented and to improve amenities in the downtown plaza. Nicholson moved to table action on this
matter. Seconded by Cline. Carried by the following vote: Buol, Cline, Duggan, Michalski,
Nicholson. Nays~-Robbins, Markham.
City Manager recommending approval of final plat for Woodland Ridge Subdivision No. 2, upon
motion received and filed. Robbins moved adoption of Resolution No. 16-00 Approving final prat
of Woodland Ridge Subdivision No. 2 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion
carried 7-0.
City Manager recommending to rename a portion of Cottingham Road to Seippel Road, upon motion
received and filed. Ordinance No. 3-00 Changing the street name of the north 1,300 feet of
Cottingham Road to Seippel Road, 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.
City Manager recommending to rename a portion of Oak Street to Oak Court, upon motion received
and filed. Ordinance No. 4-00 Changing the street name of the east 485 feet of Oak Street to Oak
Court, 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. ..
City Manager submitting ordinance providing for amendment to Chapter 26 Housing Regulation,
upon motion received and filed. Ordinance No. 5-00 Amending Chapter 26 of the Code of
Ordinances relating to maintenance responsibilities of occupants for storage and disposal of garbage
and adopting in lieu thereof a new Section 26-3(b)(2)c. relating to responsibilities for storage and
disposal of garbage; and adopting in lieu thereof a new Section 26-10(j)(3)b. relating to exterior
painted surfaces, 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 Michalski. Motion carried 7-0.
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APPOINTMENT of City's designees to DRA Board of Directors for calendar year 2000 (currently
Mayor Terry Duggan, Council Members Roy Buol and John Markham, and City Manager Michael
C. Van Milligen), upon motion resolved to have the designees for the DRA Board stay as is.
Mayor and City Council appointments to various Boards and Commissions, upon motion resolved
to have Council Member Pat Cline take over the seats formerly held by Council Member Voetberg,
except that the representative to the Sister City Committee be Council Member Markham.
Ordinance No. 6-00 Amending Code of Ordinances Chapter 34, by adding to Article IV, Specific
Parks, a new Section 34-132 to include John G. Bergfeld Recreation Area, with first reading on
12/6/99 and second reading 12/20/99 now presented for final action. Buol moved final consideration
and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--
Buol, Cline, Markham, Nicholson, Robbins. Nays-- Duggan, Michalski.
Ordinance No. 7-00 Amending Section 34-54 of Code of Ordinances prohibiting dogs, cats and other
domestic animals in parks, however, does not apply to Miller-Rivervie~v Park, Granger Creek Nature
Trail and John G. Bergfeld Recreation Area, with first reading on 12/6/99 and second reading
12120199, now presented for final action. Buol moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Carded by the following vote: Yeas--Buol, Cline, Markham,
Nicholson, Robbins. Nays- Duggan, Michalski.
City Manager recommending approval for proposed management practices for sanitary sewer
maintenance near Catfish Creek, upon motion received and filed and approved recommendation.
City Manager presented the Fiscal Year 2001 Operating Budget and Fiscal Year 2001-2005 Capital
Improvement Budget.
Zoning Advisory Commission advising of their approval to rezone property located in the 2000 block
of Radford Road from AG to R-1 Single Family as requested by Don Bycroft and Joseph Siegert,
upon motion received and filed. An Ordinance Amending the Zoning Ordinance by reclassifying
'property located in the 2000 Block of Radford Road from AG Agricultural Distdct 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 to the Council
meeting at which it isto be~finally adopted be suspended and further moved that a Public Hearing
be held on the proposed Ordinance on the 7th day of February 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
Robbins. Motion carried 7-0.
Zoning Advisory Commission advising of their approval to rezone property located at 2239-2241
Central Avenue from R-2A Alternate Two-Family Residential to C-4 Downtown Commercial, as
requested by Richard and Brenda Hartig, upon motion received and filed. An Ordinance Amending
the Zoning Ordinance by reclassifying property located at 2239-2241 Central Avenue from R-2A
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Alternate Two-Family Residential District to C-4 Downtown 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 Council meeting at which it is to be finally adopted be
suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 7th
day of February 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 Markham. Motion carried 7-0.
City Manager submitting documents providing for installation of an elevator at the Locust Street
Parking Ramp, upon motion received and filed. Michalski moved adoption of: Resolution No. 17-
00 Preliminary approval of plans & specs for project in estimated amount of $83,325.00; Resolution
No. 18-00 Fixing Date of Hearing on plans & specs for February 7, 2000; and Resolution No. 19-00
Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0.
At 9:00 P.M. upon motion it was resolved to go into Closed Session (c) To discuss strategy with
counsel in matters where litigation is imminent and its disclosure would be likely to prejudice or
disadvantage the position of the governmental body in this litigation and (j) To discuss the purchase
of particular real estate where premature disclosure could be reasonably expected to increase the
price the governmental body would have to pay for that property.
At 9:30 P.M. Council reconvened Regular Session stating Staff had been given direction.
There being no further business, upon motion meeting adjourned at 9:31 P.M.
It 1126
Davis CMC
City Clerk
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