Proof Council meeting Dec. 20STATE OF IOWA ~SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
Kat - /-~f~
I, hyHefel,~d~gCJ~rkfarWoodward Communications, inc., an Iowa
corporation, publisher of the Telegraph Herald, a newspaper of general circu-
lation published in the City of Dubuque, County of Dubuque and State of Iowa;
hereby certify that the attached notice was published in said newspaper on the
following dates ~t~ ~r- ~0
~ 19 .. ~ , and for which the
charge is $... f(~, ~]~
Subscrib, ed to before me, a Notary Public in and for
thi~/d day ofc~a~~ 19 y ? l),b,q,e County, Iowa,
Landscape Desig
#1 a~d City Me~ager recem-
al recom-
of vehicle
i Herbst in
d Finance
ack, upon
icommen
)irector to
el recom-
f $100.00
ry Sewer
rogram to
>n motion
sendation
r to issue
STED —
50.00 on
License,
ed refund
r to issue
mmission
iduals for
t II, Water
irefighter,
1 to make
nmission
mination
A/o addi-
Estates
ignificant
Dted con -
motion
emending
cry sewer
ha Park,
ved and
ed adop-
. 666-99
cry sewer
ha Park.
s. Motion
bmitting
County
ransition
upon
filed.
mending
an ease-
h I & M
ater main
ment on
ty, upon
filed and
cation.
itting the
Local
Report,
ed and
menting
t on var-
motion
nending
the selection of IIW Engineers
for design consultant services
for ,the Manson Road Bridge,
upon motion received and
filed.
Voetberg moved adoption of
Resolution No. 667-99
Granting issuance of Class "B"
Beer Permit to Local 94 UAW
and Resolution No. 668-99
Grantingissuance
uance of Class "C"
Liquor Licenses to Michael's
Bar-X, White House, Ryan
House and Billy's Buck East
St. Tap. Seconded by
Robbins. Motion carried 7-0.
Upon motion it was resolved
to suspend the rules to allow
anyone present to address the
Council if they so desire.
Proof of Publication certified
to by the Publisher on Notice
of hearing to approve disposal
of property in Downtown
Urban Renewal District to
Dubuque Area Chamber of
Commerce, City Manager rec-
ommending to proceed with
sale of property and City Clerk
advising no competing pro-
posals were submitted by the
deadline for submission, upon
motion received and filed.
Steve Horman spoke
requesting the sale to go
through. John Allen, Architect,
spoke of the specific design of
the building. Rhodes "Bud"
isenhart, questioned specifics
of the proposed building.
Buol moved adoption of
Resolution No. 669-99
Determining that the proposal
of Dubuque Area Chamber of
Commerce is in compliance
with the terms of offering for
disposition of Lot 9 (and Lot 10
if purchase option is exer-
cised) Original Town in the City
of Dubuque and Resolution
No. 670-99 Accepting the pro-
posal for sale and private
development of Lot 9 and Lot
10 Original Town in the City;
Approving Agreement for
same, and authorizing actions
to implement said agreement
including execution and deliv-
ery of deed. Seconded by
Voetberg. Motion carried 7-0.
Proofs of Publication on
Notice of Hearing on Plans &
Specs. and Notice to Bidders
on the Receipt of Bids for
Construction of Highway 20
Landscape Design Package
#1 and City Manager recom-
mending to reject all bids and
rebid project, upon motion
received and filed. Buol moved
adoption of Resolution No.
671-99 Rescinding Resolution
No. 644-99 "Preliminary
Approval bf Plans &Specs. for
project" and providing for
rebidding. Seconded by
Robbins. Motion carried 7-0.
Upon motion the rules were
rei
nstated nstated to limit thediscus-
sion
i d scus
sion to Council.
Hearings on assessing civil
penalty of $300 against tobac-
co permit holders for first vio-
lation; AMOCO Auto/Truck
Plaza, 1215 E. 16th St.;•I000
Speede Shoppe, 1998
Jackson St.; McCann's IOCO,
690 W. Locust St.; Oky Doky
#6, 1256 Iowa St.; Tony's
Place, 1707 Central Ave., upon
motion approved penalties.
Tom Thompson of Oky Doky
spoke stating they are trying
hard to train 'their employees
correctly.
The Manager of Wareco
spoke requesting that they not
be given the suspension.
Thirty day suspension for
second violation within two
years: AMOCO Food Shop,
1450 Loras Blvd.; and Wareco,
700 Rhomberg, upon motion
approved suspensions.
An: Ordinance 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 only given on 12-
6-99, now presented for fur-
ther action. Voetberg moved
that the requirement that a
proposed Ordinance be con-
sidered and voted on for pas-
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final adoption of the
Ordinance. Seconded by Buol.
Vote on the motion was as fol-
lows: Yeas—Buol, Markham,
Robbins, Voetberg. Nays-
Duggan, Michalski, Nicholson.
MOTION FAILED DUE TO
LACK OF 3/4 VOTE.
Voetberg moved that this be
considered the second read-
ing only of the Ordinance.
Seconded by Buol. Vote on
the motion was as follows:
Yeas—Buol, Markham,
Robbins, Voetberg. Nays —
Duggan, Michalski, Nicholson.
An Ordinance Amending
Section 34-54 of Code of
Ordinances prohibiting dogs,
cats and other domestic ani-
mals in parks, however, does
not apply to Miller -Riverview
Park, Granger Creek Nature
Trail and John G. Bergfeld
Recreation Area, with first
reading only given on 12-6-99,
now presented for further
action. Vo
etberg
er9
moved tha
t
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
adoption of the Ordinance.
Seconded by Buol. Vote on
the motion was as follows:
Yeas—Buol, Markham,
Robbins, Voetberg. Nays —
Duggan, Michalski, Nicholson.
MOTION FAILED DUE- TO
LACK OF 3/4 VOTE.
Voetberg moved that this be
considered the second read-
ing only of the Ordinance.
Seconded by Buol. Vote on
the motion was as follows:
Yeas—Buol, Markham,
Robbins, Voetberg. Nays —
Duggan, Michalski, Nicholson.
City Manager recommending
approval for Dubuque Rescue
Mission to construct an
awning at 398 Main Street,
upon motion received and
filed. Ordinance No. 112-99
Authorizing the Dubuque
Rescue Mission to construct a
projecting awning sign at 398
Main St., presented and read.
Voetberg 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending
approval of final plat of
Southern Hills Subdivision,
upon motion received and
filed. Robbins moved adop-
tion of Resolution No. 672-99
Approving final plat of Lots 21-
29, inclusive, and Lot D of
Southern Hills Subdivision and
comprised of Lot C of
Southern Hills Subdivision.
Seconded by Nicholson.
Motion carried 7-0.
Long Range Planning
Commission requesting
Council- approval to proceed
with public hearing process for
their proposed amendment to
the zoning ordinance, present-
ed and read. Gordie Mills,
Chair of the Long Range
Planning Commission, spoke
in favor of the amendment.
Buol moved that the communi-
cat
ion on be received and filed
and approved request.
Seconded by Markham. Vote
on the motion was as follows:
Yeas —None. Nays—Buol,
Duggan, Markham, Michalski,
Nicholson, Robbins, Voetberg.
MOTION FAILED.
City Manager recommending
approval of the selection of the
consultant team of History
Paysf to be retained to con-
duct the historic preservation
survey for the City, presented
and read. Voetberg moved to
receive and file and approve
the recommendation.
Seconded by Buol. Carried by
the following vote: Yeas—
Buol,Markham, Michalski,
Nicholson, Voetberg. Nays --
Duggan, Robbins.
City Manager submitting an
ordinance providing' for park-
ing restrictions on Harrison St.,
upon motion received and
filed. Ordinance No. 113-99
Amending Section 32-26(D) of
the Code of Ordinances pro-
hibiting Parking on Portions of
Harrison Street, 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 con-
sideration and passage of the
Ordinance. Seconded by
Michalski. Motion carried 7-0.
City Manager submitting the
Amended and Restated Fiscal
Year 2000 Annual Action Plan
for Community Development
Block Grant Funds, upon
motion received and filed.
Robbins moved adoption of
Resolution No. 673-99
Approving the Amended and
Restated Fiscal Year 2000
Annual Action Plan for CDBG
Funds. Seconded by
Voetberg. Motion carried 7-0.
Historic Preservation
Commission requesting
Council to Affirm or Reverse
their decision regarding appeal
of Tim Wood and Vicki
Bechen, B&W Properties
regarding installation of vinyl
siding at 623-627 Arlington St.
or refer the matter back to the
Commission for further action
as may be appropriate, upon
motion received and filed and
referred back to the Historic
Preservation Commission.
CityManager 9 9
approval of amendment to
Eagle Window & Doqr Project
Development Agreement,
upon motion received and
filed. Voetberg moved adop-
tion of Resolution No. 674-99
Authorizing execution of
amended Development
Agreement with Eagle Window
& Door Co. Seconded by
Nicholson. Motion carried 7-0.
Zoning Advisory Commission
advising of their approval to
reclassify property southeast
of Seippel Rd. and Old
Highway Rd. from AG to R-1,
as requested by James and
Doris Graf, upon motion
received and filed. An
Ordinance Amending Zoning
Map by reclassifying property
Southeast of Seippel Road
and Old Highway Road from
AG Agricultural District 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
meeting at which it is to be
finally passed be suspended
and further moved that a
Public Hearing be held on the
proposed Ordinance on, the
17th day of 2000 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.
Zoning Advisory Commission '
advising of their approval to
reclassify property at 2702
Brunskill Road from R-1 to
PUD Development with PR
Designation for Oak Meadows
Condominiums, as requested -
by Jim Stock/Robert & Mary
Lou Mulgrew, upon motion
received and filed. An
Ordinance Amending Zoning
Map by reclassifying property
at 2702 Brunskill Road from R-
1 Single -Family Residential
District to PUD Planned Unit
Development District with a
PR Planned Residential
District Designation and
adopting an Amended
Conceptual Development Plan
with Conditions, for Oak
Meadows Condominiums,
presented and read. Buol
moved that the requirement
that a Ordinance be
proposed
considered and voted on for
0
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved that a Public
-Hearing be held on the pro-
posed Ordinance on the 17th
day of January, 2000 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. Vote
on the motion was as follows:
Yeas—Buol, Duggan,
Markham, Nicholson, Robbins,
Voetberg. Nays —Michalski.
City Manager requesting
public hearing be held on
January 17, 2000 to consider
proposed lease to Nextel WIP
Lease Corp. for a
Telecommunication Antenna
Facility on the Pennsylvania
Ave. Water Tank, upon motion
received and filed and
approved request.
City Manager submitting doc-
uments providing for construc-
tion of Highway 20 Landscape
Design Bid Package #1, upon
motion received and filed.
Robbins moved adoption of:
Resolution No. 675-99
Preliminary approval of plans &
specs. for project in estimated
amount of $550,000;
Resolution No. 676-99 Fixing
Date of Hearing on plans &
specs. for February 7, 2000
and Resolution No. 677-99
Ordering Bids and directing
Clerk to advertise. Seconded
by Buol. Motion carried 7-0.
City Manager submitting doc-
uments providing for construc-
tion of Catfish Creek Lift
Station Pump Replacement
Project, upon motion received
and filed. Robbins moved
adoption of Resolution No.
678-99 Preliminary approval of
plans & specs. for project in
estimated amount. of
$196,000; Resolution No. 679-
99 Fixing Date of Hearing on
plans & specs. for February 7,
2000 and Resolution No. 680-
99 Ordering Bids and directing
, Clerk to advertise. Seconded
by Buol. Motion carried 7-0.
City Manager submitting doc-
uments providing for construc-
tion of Elm Street Sanitary
Sewer Reconstruction, upon
motion received and filed.
Markham moved adoption of:
Resolutio
n No. 681-99
Prelimin
ary approval of plans &
specs. for project in estimated
amount of $120,579.39;
Resolution No. 682-99 Fixing
Date of Hearing on plans &
specs. for January 17, 2000;
Resolution No. 683-99
Ordering Bids and directing
Clerk to advertise: Seconded
by Robbins. Motion carried 7
o.
City Managerrecommending
approval of Subordination
Agreement with Cottingham
and Butler Insurance Service,
Inc., upon motion received and
filed. Voetberg moved adop-
tion of Resolution No. 684-99
Declaring intent of City to sub-
ordinate a mortgage interest in
certain real estate and set this
matter for Public Hearing on 1-
17-2000 at 6:30 p.m. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law. Seconded by
Michalski. Motion parried 7-0.
At 8:07 P.M., upon motion it
was resolved to go into Closed
Session in accordance with
Chapter 21.5 1.(c) State Code
of Iowa, 1999 as amended, To
discuss strategy with counsel
in matters that are presently in
litigation and (c) To discuss
strategy with counsel in mat-
ters where litigation is,immi-
nent and its disclosure would
be likely to prejudice or disad-
vantage the position of the
governmental body in this liti-
gation and j) To discuss the
purchase of particular real ,
estate where premature dis-
closure could be reasonably
expected to increase the price
the governmental body would
have to pay for that property.
At 9:42 Council reconvened
Regular Session with state-
ment that Staff had been given
proper direction.
There being no further busi-
ness, upon motion -meeting
adjournedat9:43 P.M.
/s/ Mary A. Davis CMC
City Clerk'
1 t 12/30
STATE OF IOWA {ss:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
1, Kathy Hefei, aBng C1Crk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald, a newspaper of general circu-
lation published in the City of Dubuque, County of Dubuque and State of Iowa;
hereby certify that the attached notice was published in said newspaper on the
following dates f>.c-em der 30
19 99 , and for which the
charge is $ %0- 6/3
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this-3 /€ day ofC5�'r /%p e / 19
Notary 13fiblic in and for Dubuque Co4Cnty, Iowa
. WESTERMEYER
MY COMMISSION EXPIRES
FEBRUARY 1, 2002
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session,
Monday, December 20, 1999
Council met at 5:00 P.M. for
Dinner in the Second Floor
Rotunda of the Public Library.
Council then met in the Public
Library Auditorium at 5:30
P.M.
Present: Mayor Duggan,
Council Members Buol,
Markham, Michalski,
Nicholson, Robbins, Voetberg.
Staff presented the
Streetscape Concepts on
Main Street from 5th to 9th
Street
Mike Koch, Public Works
Director, spoke giving the pro-
ject background and update of
recent activities.
Tony Zelinskas, of WHKS,
spoke giving a summary of
design concepts to date and
results of recent stakeholder &
public input meetings.
Dan LoBianco gave an
update on the downtown festi-
vals.
Steve Sesterhenn spoke on
opening Main Street.
John Butler, CEO of
Cottingham and Butler, spoke
of the approximately 700
downtown employees, mainly
women, and asked that Main
St. be reopened which would
afford a better safety situation
for employees.
Nick Schrup, of American
Trust Bank, spoke in favor of
opening Eighth St.
Rick Dickinson, stated that
the City's commitment to
Cigna required a plaza, rather
than opening Main St.
There being no further busi-
ness, upon motion special
meeting adjourned at 6:30
p.m.
/s/ Mary A. Davis CMC
City Clerk
################
#
City Council, Regular Session,
December 20, 1999
Council met at 6:30 P.M.,
Public Library Auditorium
Present: Mayor Duggan,
Council Members Buol,
Markham, .Michalski,
Nicholson, Robbins, Voetberg,
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
Captain Rose Eagle of the
Dubuque Salvation Army.
MINUTES SUBMITTED —
Airport Commission of 11-30
and 12-14; Building Code
Board of Appeals of 12-2;
Cable Regulatory Commission
of 12-8; ' Cable
Teleprogramming of 12-7; Civil
Service Commission of 11-17;
Community Development
Commission of 11-30; Zoning
Advisory Commission of 12-1,
upon motion received and
filed.
Airport Department submit-
ting their monthly report thru
October, 1999, upon motion
received and filed. Human
Rights Department submitting
their 1999 Annual Report,
upon motion received and
filed.
Finance Director submitting
financial report for month end-
ing November, 1999, upon
motion received and filed.
Proof of Publication on List of
Claims and Summary of
Revenues for month ending
October, 1999, upon motion
received and filed.
Proofs of Publication on pub-
lishing Council meetings for
11-13 & 11-15-99, upon
motion received and filed.
NOTICES OF CLAIMS/
SUITS: Ron Pergande in
amount of $387.80 plus daily
storage charges for improper
towing and storage; Benjamin
M. Yoko (Gregory Yoko, par-
ent) in unknown amount for
personal injuries, 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: Personal
injury of Henry Haas; Personal
injury of Steve & Vicky Mueller,
upon motion received and
filed.
Corporation Counsel recom-
mending settlement of vehicle
damage claim of Don Herbst in
amount of 894.82 and Finance
Director to issue check, upon
motion approved recommen-
dation and Finance Director to
issue proper check.
Corporation Counsel recom-
mending payment of $100.00
as part of Sanitary Sewer
Backup Assistance program to
Gerald Schissel, upon motion
approved recommendation
and Finance Director to issue
proper check.
REFUNDS REQUESTED —
Pride Service Inc. $50.00 on
unexpired Cigarette License,
upon motion approved refund
and Finance Director to issue
proper check.
Civil Service Commission
certifying list of individuals for
Engineering Assistant II, Water
Plant Operator and Firefighter,
upon motion resolved to make
a matterof record.
Zoning Advisory Commission
advising of their determination
that the platting of two addi-
tional lots in Loras Estates
Subdivision is not a significant
change from the adopted con-
ceptual plan, upon motion
received and filed.
City Manager recommending
acceptance of . sanitary sewer
improvements in Usha Park,
upon motion received and
filed. Voetberg moved adop-
tion of Resolution No. 666-99
Accepting the sanitary sewer
improvements in Usha Park.
Seconded by Robbins. Motion
carried 7-0.
City Manager submitting
information on the County
Board of Health Transition
Planning Process, upon
motion received and filed.
City Manager recommending
the City enter into an ease-
ment agreement with I & M
Rail, LLC to extend water main
across existing easement on
Perfection Oil property, upon
motion received and filed and
approved recommendation.
City Manager submitting the
1999 Certified Local
Government Annual Report,
upon motion received and
filed.
Sandra Plumley commenting
on lack of enforcement on var-
ious City laws, upon motion
received and filed.
City Manager recommending
the selection of IIW Engineers
for design consultant services
for the Manson Road Bridge,
upon motion received and
filed.
Voetberg moved adoption of
Resolution No. 667-99
Granting issuance of Class "B"
Beer Permit to Local 94 UAW
and Resolution No. 668-99
Granting issuance of Class "C"
Liquor Licenses to Michael's
Bar-X, White Mouse, Ryan
House and Billy's Buck East
St. Tap. Seconded by
Robbins. Motion carried 7-0.
Upon motion it was resolved
to suspend the rules to allow
anyone present to address the
Council if they so desire.
Proof of Publication certified
to by the Publisher on Notice
of hearing to approve disposal
of property in Downtown
Urban Renewal District to
Dubuque Area Chamber of
Commerce, City Manager rec-
ommending to proceed with
sale of property and City Clerk
advising no competing pro-
posals were submitted by the
deadline for submission, upon
motion received and filed.
Steve Norman spoke
requesting the sale to go
through. John Allen, Architect,
spoke of the specific design of
the building. Rhodes "Bud"
Isenhart, questioned specifics
of the proposed building.
Buol moved adoption of
Resolution No. 669-99
Determining that the proposal
of Dubuque Area Chamber of
Commerce is in compliance
with the terms of offering for
disposition of Lot 9 (and Lot 10
if purchase option is exer-
cised) Original Town in the City
of Dubuque and Resolution
No. 670-99 Accepting the pro-
posal for sale and private
development of Lot 9 and Lot
10 Original Town in the City;
Approving Agreement for
same, and authorizing actions
to implement said agreement
including execution and deliv-
ery of deed. Seconded by
Voetberg. Motion carried 7-0.
Proofs of Publication on
Notice of Hearing on Plans &
Specs. and Notice to Bidders
on the Receipt of Bids for
Construction of Highway 20
Landscape Design Package
#1 and City Manager recom-
mending to reject all bids and
rebid project, upon motion
received and filed. Buol moved
adoption of Resolution No.
671-99 Rescinding Resolution
No. 644-99 "Preliminary
Approval bf Plans & Specs. for
project" and providing for
rebidding. Seconded by
Robbins. Motion carried 7-0.
Upon motion the rules were
reinstated to limit the discus-
sion to Council.
Hearings on assessing civil
penalty of $300 against tobac-
co permit holders for first vio-
lation; AMOCO Auto/Truck
Plaza, 1215 E. 16th St.; IOCO
Speede Shoppe, 1998
Jackson St.; McCann's IOCO,
690 W. Locust St.; Oky Doky
#6, 1256 Iowa St.; Tony's
Place, 1707 Central Ave., upon
motion approved penalties.
Tom Thompson of Oky Doky
spoke stating they are trying
hard to train 'their employees
correctly.
The Manager of Wareco
spoke requesting that they not
be given the suspension.
Thirty day suspension for
second violation within two
years: AMOCO Food Shop,
1450 Loras Blvd.; and Wareco,
700 Rhomberg, upon motion
approved suspensions.
An Ordinance 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 only given on 12-
6-99, now presented for fur-
ther action. Voetberg moved
that the requirement that a
proposed Ordinance be con-
sidered and voted on for pas-
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final adoption " of the
Ordinance. Seconded by Buol.
Vote on the motion was as fol-
lows: Yeas—Buol, Markham,
Robbins, Voetberg. Nays-
Duggan, Michalski, Nicholson.
MOTION FAILED DUE TO
LACK OF 3/4 VOTE.
Voetberg moved that this be
considered the second read-
ing only of the Ordinance.
Seconded by Buol. Vote on
the motion was as follows:
Yeas—Buol, Markham,
Robbins, Voetberg. Nays —
Duggan, Michalski, Nicholson.
An Ordinance Amending
Section 34-54 of Code of
Ordinances prohibiting dogs,
cats and other domestic ani-
mals In parks, however, does
not apply to Miller -Riverview
Park, Granger Creek Nature
Trail and John G. Bergfeld
Recreation Area, with first
reading only given on 12-6-99,
now presented for further
action. Voetberg moved that
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
adoption of the Ordinance.
Seconded by Buol. Vote on
the motion was as follows:
Yeas—Buol, Markham,
Robbins, Voetberg. Nays —
Duggan, Michalski, Nicholson.
MOTION FAILED DUE• TO
LACK OF 3/4 VOTE.
Voetberg moved that this be
considered the second read-
ing only of the Ordinance.
Seconded by Buol. Vote on
the motion was as follows:
Yeas—Buol, Markham,
Robbins, Voetberg. Nays —
Duggan, Michalski, Nicholson.
City Manager recommending
approval for Dubuque Rescue
Mission to construct an
awning at 398 Main Street,
upon motion received and
filed. Ordinance No. 112-99
Authorizing the Dubuque
Rescue Mission to construct a
projecting awning sign at 398
Main St., presented and read.
Voetberg 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending
approval of final plat of
Southern Hills . Subdivision,
upon motion received and
filed. Robbins moved adop-
tion of Resolution No. 672-99
Approving final plat of Lots 21-
29, inclusive, and Lot D of
Southern Hills Subdivision and
comprised of Lot C of
Southern Hills Subdivision.
Seconded by Nicholson.
Motion carried 7-0. -
Long Range Planning
Commission requesting
Council, approval to proceed
with public hearing process for
their proposed amendment to
the zoning ordinance, present-
ed and read. Gordie Mills,
Chair of the Long Range
Planning Commission, spoke
in favor of the amendment.
Buol moved that the communi-
cation be received and filed
and approved request.
Seconded by Markham. Vote
on the motion was as follows:
Yeas —None. Nays—Buol,
Duggan, Markham, Michalski,
Nicholson, Robbins, Voetberg.
MOTION FAILED.
City Manager recommending
approval of the selection of the
consultant team of History
Pays! to be retained to con-
duct the historic preservation
survey for the City, presented
and read. Voetberg moved to
receive and file and approve
the recommendation.
Seconded by Buol. Carried by
the following vote: Yeas—
Buol, Markham, Michalski,
Nicholson, Voetberg. Nays—
Duggan, Robbins. ,
City Manager submitting an
ordinance providing' for park-
ing restrictions on Harrison St.,
upon motion received and
filed. Ordinance No. 113-99
Amending Section 32-26(D) of
the Code of Ordinances pro-
hibiting Parking on Portions of
Harrison Street, 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 con-
sideration and passage of the
Ordinance. Seconded by
Michalski. Motion carried 7-0.
City Manager submitting the
Amended and Restated Fiscal
Year 2000 Annual Action Plan
for Community Development
Block Grant Funds, upon
motion received and filed.
Robbins moved adoption of
Resolution No. 673-99
Approving the Amended and
Restated Fiscal Year 2000
Annual Action Plan for CDBG
Funds. Seconded by
Voetberg. Motion carried 7-0.
Historic Preservation
Commission requesting
Council to Affirm or Reverse
their decision regarding appeal
of Tim Wood and Vicki
Bechen, B&W Properties
regarding installation of vinyl
siding at 623-627 Arlington St.
or refer the matter back to the
Commission for further action
as may be appropriate, upon
motion received and filed and
referred back to the Historic
Preservation Commission.
City Manager recommending
approval of amendment to
Eagle Window & Door Project
Development Agreement,
upon motion received and
filed. Voetberg moved adop-
tion of Resolution No. 674-99
Authorizing execution of
amended Development
Agreement with Eagle Window
& Door Co. Seconded by
Nicholson. Motion carried 7-0.
Zoning Advisory Commission
advising of their approval to
reclassify property southeast
of Seippel Rd. and Old
Highway Rd. from AG to R-1,
as requested by James and
Doris Graf, upon motion
received and filed. An
Ordinance Amending Zoning
Map by reclassifying property
Southeast of Seippel Road
and Old Highway Road from
AG Agricultural District 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
meeting at which it is to be
finally passed be suspended
and further moved that a
Public Hearing be held on the
proposed Ordinance on the
17th day of 2000 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.
Zoning Advisory Commission
advising of their approval to
reclassify property at 2702
Brunskill Road from R-1 to
PUD Development with PR
Designation for Oak Meadows
Condominiums, as requested -
by Jim Stock/Robert & Mary
Lou Mulgrew, upon motion
received and filed. An
Ordinance Amending Zoning
Map by reclassifying property
at 2702 Brunskill Road from R-
1 Single -Family Residential
District to PUD Planned Unit
Development District with a
PR Planned Residential
District Designation and
adopting an Amended
Conceptual Development Plan
with Conditions, for Oak
Meadows Condominiums,
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 fur-
ther moved that a Public
-Hearing be held on the pro-
posed Ordinance on the 17th
day of January, 2000 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. Vote
on the motion was as follows:
Yeas—Buol, Duggan,
Markham, Nicholson, Robbins,
Voetberg. Nays —Michalski.
City Manager requesting
public hearing be held on
January 17, 2000 to consider
proposed lease to Nextel WIP
Lease Corp. for a
Telecommunication Antenna
Facility on the Pennsylvania
Ave. Water Tank, upon motion
received and filed and
approved request.
City Manager submitting doc-
uments providing for construc-
tion of Highway 20 Landscape
Design Bid Package #1, upon
motion received and filed.
Robbins moved adoption of:
Resolution No. 675-99
Preliminary approval of plans &
specs. for project in estimated
amount of $550,000;
Resolution No. 676-99 Fixing
Date of Hearing on plans &
specs. for February 7, 2000
and Resolution No. 677-99
Ordering Bids and directing
Clerk to advertise. Seconded
by Buol. Motion carried 7-0.
City Manager submitting doc-
uments providing for construc-
tion of Catfish Creek Lift
Station Pump Replacement
Project, upon motion received
and filed. Robbins moved
adoption of Resolution No.
678-99 Preliminary approval of
plans & specs. for project in
estimated amount . of
$196,000; Resolution No. 679-
99 Fixing Date of Hearing on
plans & specs. for February 7,
2000 and Resolution No. 680-
99 Ordering Bids and directing
Clerk to advertise. Seconded
by Buol. Motion carried 7-0.
City Manager submitting doc-
uments providing for construc-
tion of Elm Street Sanitary
Sewer Reconstruction, upon
motion received and filed.
Markham moved adoption of:
Resolution No. 681-99
Preliminary approval of plans &
specs. for project in estimated
amount of $120,579.39;
Resolution No. 682-99 Fixing
Date of Hearing on plans &
specs. for January 17, 2000;
Resolution No. 683-99
Ordering Bids and directing
Clerk to advertise. Seconded
by Robbins. Motion carried 7
0.
City Manager recommending
approval of Subordination
Agreement with Cottingham
and Butler Insurance Service,
Inc., upon motion received and
filed. Voetberg moved adop-
tion of Resolution No. 684-99
Declaring intent of City to sub-
ordinate a mortgage interest in
certain real estate and set this
matter for Public Hearing on 1-
17-2000 at 6:30 p.m. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law. Seconded by
Michalski. Motion parried 7-0.
At 8:07 P.M., upon motion it
was resolved to go into Closed
Session in accordance with
Chapter 21.5 1.(c) State Code
of Iowa, 1999 as amended, To
discuss strategy with counsel
in matters that are presently in
litigation and (c) To discuss
strategy with counsel in mat-
ters where litigation is immi-
nent and its disclosure would
be likely to prejudice or disad-
vantage the position of the
governmental body in this liti-
gation and (j) To discuss the
purchase of particular real
estate where premature dis-
closure could be reasonably
expected to increase the price
the governmental body would
have to pay for that property.
At 9:42 Council' reconvened
Regular Session with state-
ment that Staff had been given
proper direction.
There being no further busi-
ness, upon motion meeting
adjourned. at 9:43 P.M.
/s/ Mary A. Davis CMC
City Clerk'
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