04 03 00 Minutes this Meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, April 3, 2000
Council met in Regular Session 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 of acting upon such business which may properly come before the City
Council.
Invocation was given by Pastor Steve Hansel of the Miracle Harvest Church.
PROCLAMATIONS: "Dubuque Hunger Clean-up Day" received by Nick Irving; "Library
Week" received by Tom Moran; "Volunteer Week" received by Penny Ehlinger; "American
City Quality Month" received by Laura Carstens.
YOUTH IN GOVERNMENT: Mayor Duggan swore in Youth Mayor Michelle Pickel. Youth
Mayor Pickel swore in Youth Council members: Tommy Mitrofanenko, Frank Hefel, Jordan
Nye, and Bill Manzel.
Minutes Submitted: Airport Commission of 2/28; Cable TV Regulatory Commission of 3/15;
Civil Service Commission of 3/1; Five Flags Commission of 2/21; Historic Preservation
Commission of 3115; Housing Commission of 3/14; Housing Commission Trust Fund of 3/23;
Human Rights Commission of 2114, upon motion received and filed.
Proof of Publication of Council Proceedings for 3/6; 317; and 3/8/00, upon motion received
and filed.
Notice of Claims/Suits: Craig and Cindy Van Hove in estimated amount of $894.89 for
vehicle damage, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: BFI of Dubuque for
property damage; Michael E. Conklin for personal injuries, upon motion received and filed.
Corporation Counsel recommending settlement of clothing claim of David Grady in the
amount of $57.78, upon motion directed Finance Director to issue proper check.
Corporation Counsel recommending that the vehicle damage claim of Justin Heim has been
administratively closed, upon motion received and filed.
Communication of Anna O'Shea submitting her resignation from the Long Range Planning
Commission effective March 15, 2000, upon motion received and filed and accepted
resignation with regret.
Gerald Hammel submitting his resignation from the Mechanical Code Board effective March
31, 2000, upon motion received and filed and accepted resignation with regret.
City Manager recommending approval of the Administrative Services and Financial Agreement
between the City of Dubuque and Delta Dental Plan for Iowa for administration of the City's
dental plan, upon motion received and filed and approved recommendation.
City Manager recommending adoption of Supplement #44 to the Code of Ordinances, upon
motion received and filed. Buol moved adoption of Resolution No. 122-00 Adopting
Supplement #44 to the City of Dubuque, Iowa Code of Ordinances. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending approval of Purchase of Service Agreements with Dubuque Main
Street, Inc.; Dubuque Area Labor Management Council; Substance Abuse Services Center;
Dubuque Area Chamber of Commerce Convention and Visitors Bureau; Project Concern, Inc.,
Foster Grandparent Program; Helping Services of Northeast Iowa, Inc.; Operation: New View;
Retired and Senior Volunteer Program; Washington Tool Library, Inc.; and Greater Dubuque
Development Corporation, upon motion received and filed and approved recommendation.
City Manager recommending acceptance of the Schmitt Harbor Boat Ramp Project, upon
motion received and filed. Buol moved adoption of Resolution No. 123-00 Accepting
improvement for project and Resolution No. 124-00 Approving final estimate in amount of
$96,681.46. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending acceptance of the Jackson Street Reconstruction Project and
establishment of final assessment amounts, upon motion received and filed. Suol moved
adoption of Resolution No. 125-00 Accepting improvement for project; Resolution No. 126-
00 Approving preliminary schedule of final assessments for the Jackson Street
Reconstruction Project; Resolution No. 127-00 Approving final estimate in amount of
$528,775.07. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of an Application for Homeownership Assistance Funds
to the Federal Home Loan Bank of Des Moines, upon motion received and filed. Buol moved
adoption of Resolution No. 128-00 Authorizing sponsorship of an application to the Federal
Home Loan Bank of Des Moines for Affordable Housing Program Funds. Seconded by
Nicholson. Motion carried 7-0.
Communication of Iowa Department of Transportation advising of four upcoming public input
meetings around the state, upon motion received and filed.
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Communication from the Iowa Department of Economic Development advising of an
amendment to the City's Home Program contract, upon motion referred to the City Manager.
Communication from East Central Intergovernmental Association advising that the DMATS
Policy Committee will be accepting applications for TEA-21 Transportation Enhancement
Projects from March 21 to May 17, 2000, upon motion referred to the City Manager.
Communication from the Municipal Treasurers' Association presenting the City of Dubuque
with the Association's Investment Policy Certification, upon motion received and filed.
Letter to Senator Mike Connolly from Housing Services Manager David Harris in support for
continuation of the Local Housing Assistance Program, upon motion received and filed.
City Manager submitting a response to the communication from the U.S. Department of
Housing and Urban Development on the timely expenditure of funds, upon motion received
and filed.
City Manager recommending the submittal of a grant application to the U.S. Department of
Housing and Urban Development (HUD) for assistance to homeless families and individuals,
upon motion received and filed.
City Manager recommending that the City enter into a three year insurance renewal
agreement with the Iowa Communities Assurance Pool (ICAP), upon motion received and filed
and approved recommendation.
Buol moved adoption of Resolution No. 129-00 Granting issuance of Cigarettes and Cigarette
Papers License to Davey Robertson Public Bar, Inc.; Resolution No. 130-00 Granting
issuance of Class "C" Beer/Liquor License to Knights of Columbus #510; Chad Streff;
Tugboat Willy's Inc.; and Davey Robertson's Public Bar, Inc.; Resolution No. 131-00
Granting issuance of Class "C" Beer Permit to ArCon, Inc. Seconded by Nicholson. Motion
carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
Civil Service Commission: Richard Wertzberger. Mr. Wertzberger spoke requesting
consideration for appointment to the Civil Service Commission.
APPOINTMENTS to the following Boards/Commissions:
Airport Commission: Applicants - R.J. Blocker, Don Hedeman, Nancy Ann Helling, Jim
O'Neill, Richard Wertzberger.
Communication of Richard Wertzberger withdrawing his name from consideration for
appointment to the Airport Commission; Communication of Nancy Helling in support of her
appointment to the Airport Commission, upon motion received and filed. Upon vote Jim
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O'Neill appointed to the unexpired four year term on the Airport Commission which will expire
9-14-01.
Zoning Board of Adjustment: Applicant - Michael A. Ruden. Upon motion Michael A. Ruden
reappointed to a five year term on the Zoning Board of Adjustment which will expire 3-25-05.
Upon motion the rules were suspended to allow anyone present to address the Council if they
so desire.
Proof of Publication on Notice of Public Hearing to reclassify property located at 2355 Elm
Street from R-2A Alternate Two-Family Residential District to CS Commercial Service and
Wholesale District, upon motion received and filed. John Herrig spoke in favor of the
rezoning.
Ordinance No. 29-00 Amending Appendix A of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 2355 Elm Street from R-2A Alternate
Two-Family Residential District to CS Commercial Service and Wholesale District, with first
and second readings given on 3/20/00, 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 to establish a schedule of fees for the
connection of property to City sewer; Communication of City Manager recommending
approval of the schedule of final connection charges, upon motion received and filed.
Attorney Mike Coyle for Jeff Arensdorf spoke objecting to the high assessment and that this
erroneously did not take into consideration the flood plain on this property. Sandy Arensdorf,
Cathy Hedley, William Walsh and Tim Pancratz, all spoke objecting to these future
assessments.
Ordinance No. 30-00 Establishing the South fork Sanitary Sewer Interceptor District - Phase
I and a schedule of fees for the connection of property to City sewer, with first and second
readings given on March 6, 2000, now presented for final action. Markham moved final
consideration and passage of the Ordinance. Seconded by Buol. Carried by the following
vote: Yeas--Duggan, Markham, Nicholson, Robbins, Buol. Nays-- Cline, Michalski.
Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the
Receipt of Bids for construction of the Skate Park Concrete Slab and City Manager
recommending to award contract for project, upon motion received and filed. Buol moved
adoption of Resolution No. 132-00 Adopting plans and specs for project and Resolution No.
133-00 Awarding contract for project to Connolly Concrete and Excavating in the amount
of $46,616.00. Seconded by Michalski. Motion carried 7-0.
Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders re:
Demolition of the Dolan Building at 330-336 Main St., upon motion received and filed.
Upon motion the rules were reinstated limiting discussion to the Council.
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City Manager recommending that the building permit moratorium for Highway 20 from Bluff
Street east to the City Limits be extended for twelve months and that the portion from Bluff
Street to Cherokee Drive/Collins Street be allowed to expire, upon motion received and filed.
Ordinance No. 31-00 Amending Chapter 11 (Buildings and Building Regulations) of the City
of Dubuque Code of Ordinances by Amending Section 11.58-1 by establishing a twelve
month moratorium on the issuance of permits for work in the U.S. 20 Corridor, 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 approval of the final plat of Lots 1 through 18 and Lot C and
Lot D, Twin Ridge Subdivision No.5, subject to conditions, upon motion received and filed.
Robbins moved adoption of Resolution No. 134-00 Approving the final plat of Lots 1 through
18 and Lot C and Lot D, Twin Ridge Subdivision No.5, in Dubuque County, Iowa.
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of a right-of-way encroachment at 365 Main Street for
installation of a projecting sign, upon motion received and filed. Ordinance No. 32-00
Authorizing Fiegen & Bisenius, Inc. to construct a projecting sign at 365 Main 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 consideration and passage of
the Ordinance. Seconded by Markham. Motion carried 7-0.
Communication from the Long Range Planning Advisory Commission requesting that the
Council direct the Zoning Advisory Commission to appoint a new liaison to the Long Range
Planning Commission upon motion received and filed and strongly urge the Zoning Advisory
Commission to uphold the direction of the Ordinance.
Communication of Historic Preservation Commission regarding the appeal of American Trust
and Savings Bank of the Commission's denial to allow the installation of signs at 901 Locust
Street, upon motion received and filed.
Jim Hamilton of American Trust and Peg Hudson, Director of Marketing at American Trust,
spoke requesting that American Trust be allowed to install specific signs at their 901 Locust
Street location and that the Council override the Historic Preservation Commission's denial
of their request. Ken Kringle, Chair of the Historic Preservation Commission, spoke stating
that the requested signage is not appropriate.
Michalski moved to uphold the Historic Preservation Commission's decision. Seconded by
Cline. Vote on the motion was as follows: Yeas--Cline, Michalski. Nays--Duggan, Markham,
Nicholson, Robbins, Buol. Motion failed.
Nicholson moved to reverse the Historic Preservation Commission's decision. Seconded by
Buol. Vote on the motion was as follows: Yeas--Duggan, Markham, Nicholson, Robbins,
Buol. Nays--Cline, Michalski.
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Communication from the Long Range Planning Commission on the process for update of the
Comprehensive Plan and related planning efforts; and process for 28E Agreement for fringe
area growth and development, upon motion received and filed.
City Manager recommending adoption of an ordinance relating to driver's licenses to conform
to the State Code, upon motion received and filed. Ordinance No. 33-00 Amending the City
of Dubuque Code of Ordinances by enacting a new Section 32-131 entitled "Operators
Licensed - Operation of Commercial Motor Vehicles" and a new Section 32-1432 entitled
"License to be in Possession," 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 final
consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending adoption of an ordinance relating to the requirements for
residential buildings moved within the City limits, upon motion received and filed. Ordinance
No. 34-00 Amending the Section 11-60(c) of the City of Dubuque Code of Ordinances
regulating relocated buildings or structures, presented and read. Robbins 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 Buol. Motion
carried 7-0.
City Manager recommending that the City enter into a contract with WHKS & Co., to assist
staff with the Calendar Year 2000 Downtown Street Reconstruction Project, upon motion
received and filed and approved recommendation.
City Manager recommending that a public hearing be set for April 17, 2000 to consider a
request for the City to dispose of a portion of property adjacent to their property, upon
motion received and filed. Robbins moved adoption of: Resolution No. 135-00 Advising
of intent to dispose of City interest in Lot 2 of 6 of Mineral Lot 322, Dubuque, Iowa;
Resolution No. 136-00 Approving plat of survey of Lot 1 of 6 and Lot 2 of 6 of Mineral Lot
322 and further set this for Public Hearing on 4-17-00 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.
Communication of City Manager recommending that a public hearing be set for April 17,
2000 to consider a second amendment to the Fiscal Year 2000 Budget, upon motion received
and filed. Michalski moved adoption Resolution No. 137-00 Directing the City Clerk to
publish proposed amendment to the Fiscal Year 2000 budget and date of public hearing, and
set the Public Hearing for 4-17-00 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 Robbins. Motion
carried 7-0.
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City Manager recommending reconfiguration of the Dubuque Yacht Basin Lease and that a
public hearing be held on April 17, 2000, upon motion received and filed. Markham moved
adoption of: Resolution No. 138-00 Of intent to dispose of City interest in real property
pursuant to amendment to lease agreement between the Dubuque Yacht Basin, Inc., and the
City of Dubuque, Iowa (Lease Area A); Resolution No. 139-00 Of intent to dispose of City
interest in real property pursuant to amendment to lease agreement between the Dubuque
Yacht Basin, Inc., and the City of Dubuque, Iowa (Lease Area B) and Resolution No. 140-00
Of intent to dispose of City interest in real property pursuant to amendment to lease
agreement between the Dubuque Yacht Basin, Inc., and the City of Dubuque, Iowa (Lease
Area C) and further set this for Public Hearing on 4-17-00 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 Robbins. Motion carried 7-0.
City Manager recommending a revised schedule for bidding and demolition of the Dolan
Building and that a public hearing be set for May 1, 2000, upon motion received and filed.
Michalski moved adoption of Resolution No. 141-00 Rescinding Resolution No. 93-2000 and
ordering bids and fixing dates of hearing on plans and specifications for demolition and site
clearance of the Dolan Building (330-336 Main Street) and further set this for Public Hearing
on 5-1-00 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 Robbins. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 8:24 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t4/12
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TO:
JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, APRIL 3,2000, AT 6:30 P.M., IN THE
LJurh+õ<'I~
LIBRARY ~ TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY
COME BEFORE THE COUNCIL.
1~r
4/3/00