02 21 00 Minutes This MeetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 21, 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.
The invocation was given by Sr. Jeanette McCarthy, Director of the Hispanic Ministry at St.
Patrick's Catholic Church.
MINUTES SUBMITTED: Civil Service Commission of 1/20; Community Development Advisory
Commission of 1/18; Electrical Code Board of 2/7; Park and Recreation Commission of 2/8;
Transit Trustee Board of 1/13, upon motion received and filed.
Investment Oversight Commission submitting their 27th quarterly report, upon motion received
and filed.
Proof of Publication for List of Claims and Expenditures and Summary of Revenues for December,
1999; Proof of Publication for Council Proceedings for meeting of January 17, 2000; City of
Dubuque Financial Report for month ending January 31, 2000, upon motion received and filed.
NOTICES OF CLAIMS/SUITS: Robert E. Anderson in estimated amount of $207.00 for property
damage; David Grady in estimated amount of $65.00 for property damage; River City Paving
Division of Mathy Construction Company in estimated amount of $8,831.41, 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 claim of LuAnn Cox; and personal injury claim of Nora Gierens, upon motion received and
filed.
Corporation Counsel recommending denial of property damage claim of Craig and Sheri Kruser.
upon motion received and filed and approved recommendation.
Corporation Counsel recommending that the property damage claim of Banner Investments be
forwarded to Portzen Construction, upon motion received and filed.
Communication from Karl Stieglitz, Agri Grain Marketing, regarding barge fleeting, upon motion
received and filed.
Dubuque Metropolitan Area Solid Waste Agency submitting their Fiscal Year 2001 budget and
landfill fees, upon motion received and filed.
Communication of the Dubuque County Zoning Commission regarding a public hearing to hear
a rezoning request of Randy and Melanie Root, upon motion received and filed.
Communication of the Historic Preservation Commission regarding an upcoming seminar to be
held on February 29, 2000, upon motion received and filed.
City Manager recommending approval of an agreement between the City of Dubuque and the
Amalgamated Transit Union, upon motion received and filed. Robbins moved adoption of
Resolution No. 52-00 Approving the agreement between the City of Dubuque, Iowa and the
Amalgamated Transit Union, Local #329, and authorizing the Mayor to sign the agreement.
Seconded by Robbins. Motion carried 7-0.
City Manager recommending approval of an Administrative Services Agreement between the City
of Dubuque and Health Choices, Inc., for administration of the City's medical, disability and
cafeteria plans, upon motion received and filed and approved recommendation.
City Manager recommending acceptance of the Curb Modification Project at 21 st and Central
Avenue, upon motion received and filed. Buol moved adoption of: Resolution No. 53-00
Accepting Improvement for project and Resolution No. 54-00 Approving final estimate in amount
of $20,001. Seconded by Robbins. Motion carried 7-0.
Acceptance of warranty deed to the former Army Surplus Store from Dubuque Initiatives, upon
motion received and filed. Buol moved adoption of: Resolution No. 55-00 Accepting the deed
to certain real estate in Dubuque County, Iowa from Dubuque Initiatives. Seconded by Robbins.
Motion carried 7-0.
Letter from the National League of Cities advising that Council Member Dan Nicholson has been
selected to serve on the 2000 Information Technology and Communications Steering Committee,
upon motion received and filed.
Zoning Advisory Commission approving the Plat of Survey of Lot 1 of 6, Lot 2 of 6, Lot 3 of 6,
Block 10 of Sunny Slope Estate, upon motion received and filed. Buol moved adoption of
Resolution No. 56-00 Approving the Plat of Survey of Lot 1 of 6, Lot 2 of 6, and Lot 3 of 6,
Block 10 of Sunny Slope Estates in the City of Dubuque, Iowa. Seconded by Robbins. Motion
carried 7-0.
Civil Service Commission certifying the second list of individuals who have successfully passed
the Police Officer/Entry Level Exam, upon motion resolved to make them a matter of record.
City Manager recommending approval of the eligible Calendar Year Urban Revitalization
Applications, upon motion received and filed. Buol moved adoption of: Resolution No. 57-00
Approving Residential Property Tax Exemption Applications submitted by property owners in
recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications
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to the City Assessor and Resolution No. 58-00 Approving Residential Property Tax Exemption
Late-Filed Applications submitted by property owners in recognized Urban Revitalization Areas
and authorizing the transmittal of the approved applications to the City Assessor. Seconded by
Robbins. Motion carried 7-0.
City Manager submitting letters to Congressmen Grassley and Harkin, and Representative Nussle
regarding "The State and Local Government Economic Empowerment Act," upon motion received
and filed.
City Manager recommending approval of submission of a letter of intent to the U. S. Department
of Housing and Urban Development (HUD) signifying the City's intent to form a consortium with
Dubuque and Jackson Counties for the HOME Investment Partnership Program, upon motion
received and filed and approved recommendation.
Communication of Roger Maiers regarding the reappointment of Judy Giesen to the Dubuque
Human Rights Commission, upon motion received and filed.
Buol moved adoption of: Resolution No. 59-00 Granting issuance of a permit to sell Cigarettes
and Cigarette Papers to Dubuque Discount Gas, Inc.; Resolution No. 60-00 Granting issuance
of Class "B" Beer Permit to Dubuque Discount Gas, Inc.; and Lee's 76 West Locust Mart; and
Resolution No. 61-00 Granting issuance of Class "C" Beer/Liquor License to Dubuque Mining
Company; Hammerheads Bar and Billiards; Cue Master Limited; Galaxies, Inc.; and TC's Copper
Kettle; and Class "B" Beer/Liquor Permit to Days' Inn.
BOARDS AND COMMISSIONS
APPOINTMENTS to the following Boards/Commissions:
CIVIC CENTER COMMISSION: Applicant - Cynthia A. Fuller. Upon motion Cynthia A. Fuller
appointed to an unexpired three year term which will expire 6-29-00.
COMMUNITY DEVELOPMENT COMMISSION: Applicants - Bill Daugherty (Census Tract #1) and
Thomas Wainwright (At-Large). Upon motion Bill Daugherty and Thomas Wainwright
reappointed to three year terms which will expire 2-15-03.
TV CABLE REGULATORY COMMISSION: Applicant - Michael W. Pratt. Upon motion Michael
W. Pratt appointed to an unexpired three year term which will expire 6-30-01.
TV CABLE COMMUNITY TELEPROGRAMMING COMMISSION: Applicant - Paul R. Kohl. Upon
motion Paul R. Kohl appointed to the unexpired three year tern}( which will expire 6-30-01. /
Discussion of possible appointments to the Airport Commission. Upon consensus it was decided
that Council Member Markham be appointed to the Airport Commission to serve a one year term
and that the Corporation Counsel prepare an Ordinance authorizing this.
Hearing on assessing civil penalty of $300 against tobacco permit holders for 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, and a Thirty day suspension for second violation -- lOCO
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Speede Shoppe at 2335 University, upon motion approved assessments and civil penalties.
Louann Ward and Heidi Jones spoke for Tri-State Golf stating that the fine is unfair for a first
time offence and feel it was a sting operation. Dory Irwin of Iowa Oil Co. spoke stating they
are trying very hard to educate their sales people and objected to their businesses being punished
to this great extent.
City Manager recommending a revision to Zoning Ordinance related to the public hearing process,
upon motion received and filed. An Ordinance Amending Appendix A of the City of Dubuque
Code of Ordinances by amending Section 6-1.4 Commission Action and Section 6-1.5 Council
Action, pertaining to zoning reclassifications and text amendments, presented and read. Buol
moved that this be received and filed and referred to the Zoning Commission. Seconded by
Markham. Motion carried 7-0.
City Manager recommending approval of a revised format for the residential section of the
Zoning Ordinance, upon motion received and filed and approved recommendation.
City Manager recommending approval of an ordinance placing load limits on the Fengler Street
Bridge and the Manson Road Bridge, upon motion received and filed. Ordinance No. 16-00
Amending Section 32-185(a) of the Code of Ordinances prohibiting heavy vehicles on certain
bridges by removing Peru Road Bridge and adding Fengler Street Bridge and Manson Road Bridge,
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.
Historic Preservation Commission requesting a meeting with City Council for review and update
of the Historic Preservation Ordinance, upon motion it was resolved that a Work Session be
scheduled before the 4-17-00 Council Meeting. Ken Kringle, Chair of HPC, spoke requesting
discussion of the proposed Ordinance.
City Manager recommending approval of an assistance program for payment of sewer
assessments, upon motion received and filed and approved recommendation.
City Manager recommending modification to the City's Community Partnership Program (CP2)
Guidelines, upon motion received and filed. Buol moved adoption of Resolution No. 62-00
Approving revised Community Partnership Program (CP2) guidelines/instructions for competitive
applications. Seconded by Nicholson. Motion carried 7-0.
Zoning Advisory Commission advising of their approval of an amendment to the Loras College
IDlnstitutional District and requesting that a public hearing be set for March 6, 2000, upon
motion received and filed. An Ordinance Amending the Zoning Ordinance by providing for the
amendment of Ordinance 2-90 and approving an amended campus development plan for the
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Loras College ID Institutional District, presented and read. Buol moved that the requirement that
a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be suspended and moved that a Public Hearing be
held on the proposed Ordinance on the 6th day of March, 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 Nicholson. Motion carried 7-0.
City Manager recommending that a public hearing be set for March 6, 2000 to consider two
agreements to enable sharing of City-owned communication conduit, upon motion received and
filed and approved recommendation and set Public Hearing for 3-6-2000 at 6:30 P.M. in the
Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.
City Manager recommending rescinding Resolution #675-99 and submitting documents providing
for initiation of the Highway 20 Landscape Design Bid Package #1, presented and read. Buol
moved adoption of: Resolution No. 63-00 Rescinding Resolution #675-99 Preliminary Approval
of Plans and Specifications for Highway 20 Landscape Design Bid Package #1; Resolution No.
64-00 Preliminary approval of plans and specs for project in estimated amount of $515,000.00;
Resolution No. 65-00 Fixing Date of Hearing on plans and specs for March 20, 2000;
Resolution No. 66-00 Ordering Bids and directing Clerk to advertise. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending that a public hearing be set for March 6, 2000 to consider the
disposition of the City interest in Lot 22 of Glenview Addition (adjacent to 1300 Blackhawk
Drive) in the City of Dubuque, upon motion received and filed and approved setting public hearing
for 3-6-2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice
in the manner prescribed by law. Michalski moved adoption of Resolution No. 67-00 Of intent
to dispose of City interest in Lot 22 of Glenview Addition in the City of Dubuque, Iowa.
Seconded by Robbins. Motion carried 7-0.
At 7:47 P.M. upon motion it was resolved to go into Closed Session regarding Pending Litigation
(Iowa Code §21.5(1)(c).
At 7:58 P.M. Council reconvened Regular Session stating Staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 7:59 P.M.
Jeanne F. Schneider
City Clerk
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