02 07 00 Mintues this meeting
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 7, 2000
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins,
Cline, 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 Rev. Thomas Hannan, Director of the Dubuque Community Food
Pantry.
MINUTES SUBMITTED: Airport Commission of 1/24/00; Civil Service Commission of 12/10/99;
Community Development Advisory Commission of 12/7/99; Five Flags Commission of 1/1 7/00
(canceled); Housing Commission of 12/14/99; Housing Commission Trust Fund Committee of
1/27/00; Human Rights Commission of 12/13/99; Investment Oversight Commission of
1/20/00; Park and Recreation Commission of 1/11/00; Transit Trustee Board of 9/9/99 and
12/9/99; Zoning Board of Adjustment of 12/15/99, upon motion received and filed.
Proof of Publication on publishing of Council Proceedings for 1/3/00, upon motion received and
filed.
Dubuque Racing Association (ORA) submitting their financial statements for year ending
November 30, 2000 (Copy on file in City Clerk's Office for review), upon motion received and
filed.
Substance Abuse Service Center Second Quarter report for FY 2000, upon motion received and
filed.
Convention and Visitors Bureau Quarterly Report, upon motion received and filed.
NOTICES OF CLAIMS/SUITS: Banner Investments in the estimated amount of $250.00 for
property damage; LuAnn Cox in unknown amount for personal injuries; Su Yen Chong in
unknown amount for vehicle damage; Kirk Dahl in estimated amount of $500.00 for vehicle
damage; Nora Gierens in estimated amount of $73.00 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 for the following claims: personal
injury of Elaine Oberbroeckling; vehicle damage of Kirk Dahl; reimbursement for expenses and
loss of business of Trilog, Inc., upon motion received and filed.
Corporation Counsel recommending denial of vehicle damage claim of Kirk Dahl; reimbursement
of towing, storage and car rental charges of Ron Pergande, upon motion received and filed and
approved recommendations.
Corporation Counsel recommending that the vehicle damage claim of Penny A. Gronen be
referred to Horsfield Construction, upon motion received and filed and approved
recommendation. 8
Corporation Counsel submitting judgment in favor of City on sanitary sewer backup claim of
George and Marilyn Langas resulting from May 1999 rain storm, upon motion received and filed.
City Manager recommending hearings be held on February 21, 2000 to assess civil penalties
for tobacco violations ($300 penalty for first violations n AMOCO Food Shop at 1701 JFK
Road, lOCO Speede Shoppe at 3250 Dodge, and Tri-State Golf Center at 1095 Cedar Cross
Road; 30 day suspension for second violation -- lOCO Speede Shoppe at 2335 University), upon
motion received and filed communication and approved recommendation setting hearings for
2-21-00 at 6:30 p.m. in the Public Library Auditorium.
Petition submitted by Larry G. McMullen, 1755 Overview Court, requesting that no parking be
posted on the south side of Overview Court, upon motion referred to the City Manager.
Communication of City Manager recommending that the City certify to the State Treasurer the
population of areas annexed to the City since the 1990 Census, upon motion received and filed.
Communication of City Manager advising of a $400,000 award to the City from the Iowa
Department of Economic Development for a housing project at Maria House, upon motione
received and filed.
City Manager submitting the Housing Department's fourth annual "River Town Rents" survey,
upon motion received and filed.
City Manager submitting the Fiscal Year 1999 Comprehensive Annual Financial Report and Audit
Reports, upon motion received and filed.
City Manager recommending acceptance of the 1998 Sidewalk Assessment - Pennsylvania
Avenue from Vizaleea to Embassy West Drive and further recommending that the Schedule of
Special Assessments be rescinded, upon motion received and filed. Buol moved adoption of:
Resolution No. 21-00 Accepting Improvement for project; Resolution No. 22-00 Approving
final estimate in amount of $26,206.07; Resolution No. 23-00 Rescinding Resolution #286-98
providing for the schedule of preliminary assessments for the 1998 Sidewalk Assessment -
Pennsylvania Avenue from Vizaleea to Embassy West Drive and rescinding Resolution of
Necessity #326-98. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of a License Agreement with Seneca Environmental
Services, upon motion received and filed. Buol moved adoption of Resolution No. 24-00
Authorizing the Mayor to execute a License Agreement with Seneca Environmental Services t.
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install monitoring wells on public right-of-way at 2301 University.
Motion carried 7-0.
Seconded by Nicholson.
City Manager recommending acceptance of public improvements in Asbury Plaza - Phase lA,
upon motion received and filed. Michalski moved adoption of Resolution No. 25-00 Accepting
sanitary sewer and waterline in Asbury Plaza - Phase IA. Seconded by Robbins. Motion
carried 7-0.
City Manager recommending acceptance of the Wm. M. Black, Phase II Project, upon motion
received and filed. Buol moved adoption of: Resolution No. 26-00 Accepting improvement
for project and Resolution No. 27-00 Approving final estimate in amount of $77,046.57.
Seconded by Robbins. Motion carried 7-0.
City Manager recommending acceptance of Wm. M. Black - Phase III Project, upon motion
received and filed. Buol moved adoption of: Resolution No. 28-00 Accepting improvement
for project and Resolution No. 29-00 Approving final estimate in amount of $87,400.00.
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending acceptance of the Cable Car Square Lighting Project. upon motion
received and filed. Buol moved adoption of: Resolution No. 30-00 Accepting improvement
for project and Resolution No. 31-00 Approving final estimate in amount of $84,309.30.
Seconded by Nicholson. Motion carried 7-0.
Resignation of Kelly Sebastian from the Cable Community Teleprogramming Commission, upon
motion received and filed and accepted the resignation with regret.
City Manager recommending an amendment to the Community Development Block Grant Citizen
Participation Plan, upon motion received and filed. Buol moved adoption of Resolution No. 32-
00 Approving an amendment to the Citizen Participation Plan for the Community Development
Block Grant (CDBG) Program. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval to publish combined notice for release of funds for Maria
House Project, upon motion received and filed. Buol moved adoption of Resolution No. 33-00
Authorizing publication of a combined notice of findings of no Significant Impact on Environment
and Notice of Intent to Request Release of Funds for Maria House Project. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending settlement of claim by Horizon Development for additional site
development expenses in the amount of $20,000, upon motion received and filed and approved
recommendation.
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City Manager submitting information on an Emergency Planning Committee public meeting
which was held January 12, 2000, upon motion received and filed.
City Manager submitting copy of correspondence to local senators and representatives 08
proposed levy legislation, upon motion received and filed.
City Manager submitting correspondence to County Board of Supervisor Chairperson Alan
Manternach supporting a grant application to IDEO for land use planning process, upon motion
received and filed.
Library Board of Trustees submitting the Carnegie-Stout Public Library Long Range Plan 2000 -
2005, upon motion received and filed.
Buol moved adoption of Resolution No. 34-00 Granting issuance of Class "B" Beer Permit to
Bunker Hill Golf Course; and Class "C" Beer Permit to Oky-Doky #8, Big 10 Mart, Econofoods
#471, and Dubuque Discount Gas and Resolution No. 35-00 Granting issuance of Class "C"
Beer/Liquor License to Tony's Place, Pusateri's, Chi-Chi's, Goetz's, The Clubhouse, and Town
Clock Inn; and Class "B" Wine Permit to Econofoods #471. Seconded by Nicholson. Motion
carried 7-0.
BOARDS AND COMMISSIONS
Individuals are invited to address the Council to express their desire to serve on various8
Boards/Commissions.
Civic Center Commission: Applicant - Cynthia A. Fuller. Ms. Fuller spoke.
Community Development Commission: Applicants - Bill Daugherty (Census Tract #1) and
Thomas Wainwright (At-Large). Thomas Wainwright spoke.
TV Cable Regulatory Commission: Applicant - Mike Pratt. Mr. Pratt was unable to be in
attendance.
TV Cable Community Teleprogramming Commission: Applicant - Paul R. Kohl. Mr. Kohl spoke.
APPOINTMENTS to the following Boards/Commissions:
Environmental Stewardship Advisory Commission: Applicant -- David B. Czarnecki. Upon
motion Mr. Czarnecki appointed to fill the unexpired term which will expire 10-1-00.
Housing Code Appeals Board: Applicants -- David Althaus, Thomas Swift. Upon motion Mr.
Althaus and Mr. Swift reappointed to the Housing Code Appeals Board for three year terms
which will expire 1-11-03.
Human Rights Commission: Applicants -- Judith H. Giesen, Joseph A. Hopkins, Marty O'Shea,
William Ross, Charles F. Ryan, Katherine V. Stevens. Upon vote Marty O'Shea reappointed and
Charles F. Ryan and Katherine V. Stevens appointed to three year terms which will expire 1-1-
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Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the
Receipt of Bids for Construction of Highway 20 Landscape Design Bid Package #1 and City
Manager recommending award of contract for project. upon motion received and filed. City
Manager submitted a second recommendation to reject all bids and to rebid the project. Buol
moved to receive and file the communications and to reject the bids. Seconded by Nicholson.
Motion carried 7-0. Attorney Art Gilloon on behalf of Nauman Nursery spoke requesting that
all bids be rejected and the project rebid. John Smith of Smith Seeding spoke in opposition to
the City Manager's recommendation.
Proof of publication on Notice of Public Hearing to reclassify property located in the 2001 block
of Radford Road from AG to R-1 Single Family as requested by Don Bycroft and Joseph Siegert,
upon motion received and filed. Ordinance No. 8-00 Amending the Zoning Ordinance by
reclassifying property located in the 2000 block of Radford Road from AG Agricultural District
to R-1 Single Family Residential District, said Ordinance having been presented and read at the
Council Meeting of 1-17-00, now presented for final action. Buol moved final consideration
and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Proof of publication on Notice of Public Hearing to reclassify 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. Ordinance No. 9-00
Amending the Zoning Ordinance by reclassifying property located at 2239-2241 Central Avenue
from R-2A Alternate Two-Family Residential District to C-4 Downtown Commercial District, said
Ordinance having been presented and read at the Council Meeting of 1-17-00, now presented
for final action. Robbins moved final consideration and passage of the Ordinance. Seconded
by Nicholson. Motion carried 7-0.
Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the
Receipt of Bids for Installation of an Elevator at the Locust Street Parking Ramp AND City
Manager recommending award of contract for project, upon motion received and filed.
Markham moved adoption of: Resolution No. 36-00 Adopting plans and specs for project and
Resolution No. 37-00 Awarding contract for project to Schumacher Elevator Company in the
amount of $65,841.00. Seconded by Nicholson. Motion carried 7-0.
Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the
Receipt of Bids for the Catfish Creek Pump Replacement Project and City Manager
recommending award of contract for project. upon motion received and filed. Nicholson
moved adoption of: Resolution No. 38-00 Adopting Plans and specs for project and Resolution
No. 39-00 Awarding contract for project to Portzen Construction in the amount of $336,680.
Seconded by Markham. Motion carried 7-0.
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Upon motion the rule was reinstated limiting the discussion to the Council.
Request from Royce Wilken, President of American River Transportation, to address CounGiia
concerning barge fleeting. Mr. Wilken of Decatur, IL spoke to the necessity of having sufficie-
area allowed for barges to park. Upon motion this matter was referred to the City Manager.
City Manager recommending adoption of several amendments to the Motor Vehicles and Traffic
Sections of the Code of Ordinances, upon motion received and filed. Ordinance No.1 0-00
Amending Section 32-261 (d) of the Code of Ordinances to prohibit parking at any time in
certain designated zones relating to Eighth Street between Locust and Iowa Streets;
Ordinance No. 11-00 Amending the Code of Ordinances by modifying Subsection (b) of Section
32-214 thereof providing for the addition of a stop sign on Futuro Court at Chavenelle Road;
Ordinance No. 12-00 Amending Section 32-262(d) of the Code of Ordinances to prohibit
parking on designated streets or portions thereof adding Chavenelle Road; Ordinance No. 13-
00 Amending the Code of Ordinances by revising Subsection (c) of Section 32-231 providing
for the establishment of speed limits on Chavenelle Road; Ordinance No. 14-00 Amending the
Code of Ordinances by modifying Subsection (b) of Section 32-214 and Subsection (b) of
Section 32-216 thereof providing for the change from yield signs to stop signs on St. John
Drive at Hillcrest Road; Ordinance No. 15-00 Amending Section 32-262 (d) of the Code of
Ordinances prohibiting parking on designated streets or portions thereof adding certain portions
of Charter Street, presented and read. Buol moved that the requirement that the proposed
Ordinances be considered and voted on for passage at two Council Meetings prior to the
meeting at which they are to be finally passed be suspended and further moved final
consideration and passage of the Ordinances. Seconded by Nicholson. Motion carried 7-0..
City Manager recommending approval of additional local matching funds for the Ice Harbor
Traffic Study, upon final motion resolved to approve the recommendation subject to the deletion
of the #1 element "Study of the intersection of Third & Main St. to determine the feasibility of
an additional two-lane bridge parallel to the existing two-lane Third St. overpass" and further
moving that the City Manager bring back a revised cost figure for the additional work.
City Manager requesting public hearing for Fiscal Year 2001 Budget be set for March 7, 2000,
upon motion received and filed. Michalski moved adoption of Resolution No. 40-00 Setting
the date for Public Hearing on Fiscal Year 2001 Budget to be March 7, 2000 and Resolution No.
41-00 Setting the date for Public Hearing on Five Year Capital Improvement Program to be
March 7, 2000. Seconded by Robbins. Motion carried 7-0.
City Manager requesting public hearing be held on February 23, 2000 on the FY 2001 Annual
Action PIi1n for use of Community Development Block Grant (CDBG) Funds for FY 2000-2001,
upon motion received and filed and approved setting public hearing for February 23, 2000.
City Ml1nl1ger submitting documents providing for construction of Cox Street Storm Sewer,
upon motion received and filed. Robbins moved adoption of: Resolution No. 42-00
Proliminmy approvl1l of plans and specs for project in estimated amount of $47,930.85;
Rosolution No. 43-00 Fixing Date of Hearing on plans and specs for March 6, 2000; and.
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Resolution No. 44-00 Ordering Bids and directing Clerk to advertise.
Motion carried 7-0.
Seconded by Nicholson.
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City Manager submitting documents providing for Expansion of the Fifth Street Parking Ramp,
upon motion received and filed. Markham moved adoption of: Resolution No. 45-00
Preliminary approval of plans and specs for project in estimated amount of $1,900,000;
Resolution No. 46-00 Fixing Date of Hearing on plans and specs for March 6, 2000; and
Resolution No. 47-00 Ordering Bids and directing Clerk to advertise. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending that a public hearing be set for March 6, 2000, to consider a
request from Medical Associates Realty, loP., to vacate portions of Chavenelle Road and
Associates Drive, upon motion received and filed. Buol moved adoption of Resolution No. 48-
00 Approving plat of proposed vacated Chavenelle Road and Resolution No. 49-00 Approving
plat of proposed vacated Associates Drive. Seconded by Nicholson. Motion carried 7-0.
Ordinance No. 16-00 Vacating the portions of Chavenelle Road and Associates Drive, 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. Buol moved adoption of Resolution No. 50-00 Advising of
intent to dispose of City interest in Lot C of Medical Associates Subdivision and Lot C of
Medical Associates Subdivision No.2 and further set this matter for Public Hearing on 3-6-00
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.
8 At 8: 15 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation
(Iowa Code §21.5(1)(c) AND Purchase of Real Estate (Iowa Code §21.5(1)(j).
At 8:43 P.M. Council reconvened Regular Session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:44 P.M.
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Jeanne F. Schneider
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, February 14, 2000
Council Met at 6:15 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 a Special Session of the City Council called
for the purpose to discuss the issuance of Tax Increment Financing Revenue Bonds for
Eagle Window and Door.
City Manager requesting authorization to issue $3,168,538 in Tax Increment Revenue
Bonds to support the Eagle Window and Door Expansion, upon motion received and filed.
Buol moved adoption of Resolution No. 51-00 Repealing Resolution No. 665-99
approved December 7, 1999, and in lieu thereof authorizing and providing for the
issuance of a $3,168,538 Urban Renewal Tax Increment Revenue Bond, Taxable Series
2000A, of the City of Dubuque, Iowa, and providing for the securing of such bond for
the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque,
Iowa designated as the Kerper Boulevard Industrial Park Economic Development District.
Seconded by Nicholson. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 6: 17 P.M.
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~anne F. Schneider
City Clerk
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