08 07 00 Minutes
CITY OF DUBUQUE, IOWA
COUNaLPROCEErnNGS
OFFICIAL
City Council, Regular Session, August 7,2000
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Cline, Markham, Michalski, Nicholson, Robbins, City
Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Council Member Buol.
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 Rev. Constance Miller, Pastor, St. John Lutheran Church.
PROCLAMATIONS: Responsible Gaming Education Week (August 7 -11,2000) received by Bruce
Wentworth and George Papanier; Downtown Month (August, 2000) received by Linda Herbst; and
United Way Campaign Time (August 8 - October 31, 2000) received by Ron Koppes.
Minutes: Airport Commission of 7/6 and 7/24; Civil Service Commission of 6/28 and 7/11;
Community Development Advisory Commission of 6/20; Five Flags Commission of 6/19; Housing
Commission of 7/11; Human Rights Commission of 6/12; Library Board of 6/21; Park and Recreation
Commission of 7/11, upon motion received and filed.
Proof of publication of Council Proceedings for June 12, June 19, and July 5, 2000; and List of
Claims and Summary of Revenues for month of May, 2000, upon motion received and filed.
Printed Council Proceedings for May, 2000, upon motion approved as printed.
Finance Director submitting the Quarterly Investment Report, upon motion received and filed.
Notices of Claims and Suits: David Hennessy in estimated amount of $483.45 for vehicle damage;
Rick Hillard in undetermined amount for vehicle damage; Donald Kohl in estimated amount of
$100.78 for vehicle damage; Beth Miller in estimated amount of $50,000; Jan Troy in estimated
amount of $331.36 for property damage; Mona Turner in undetermined amount for vehicle damage;
and Wells Fargo Home Mortgage, Inc. versus City of Dubuque, 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: Farm Bureau Mutual Insurance for
property damage; Tim Patterson for vehicle damage; Joseph and Lois Stelken for vehicle damage;
and Robert and Jeanette Welu for personal injuries, upon motion received and filed.
Corporation Counsel recommending denial of the vehicle damage claim of Jonathan S. Meyers,
upon motion received and filed and concurred with the recommendation.
Civil Service Commission certifying the eligibility list for Inspector I, upon motion resolved to make
this a matter of record.
Communication of John F. Michalski submitting his resignation from the Long Range Planning
Advisory Commission and communication of Duaine H. Greenfield submitting his resignation from
the Historic Preservation Commission, upon motion received and filed.
Communication of Lloyd S. Gudenkauf requesting a 180 day extension for the installation of
improvements for Jaeger Heights Subdivision, upon motion referred to the City Manager.
Communication of E.C. Vandenburgh regarding damages to Clara Court, upon motion received and
filed.
City Manager recommending that certain City employees be authorized to execute checks on behalf
of the City, upon motion received and filed. Michalski moved adoption of Resolution No. 346-00
Authorizing certain designated employees of the City of Dubuque limited authorization to execute
checks on behalf of the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0.
City Manager recommending acceptance of the Heron Pond Wetlands Nature Trail Project, upon
motion received and filed. Michalski moved adoption of Resolution No. 347-00 Accepting
improvement for project and Resolution No. 348-00 Approving final estimate in amount of
$167,102.45. Seconded by Nicholson. Motion carried 6-0.
City Manager recommending acceptance of the 1999 PC Paving Project, No.2, upon motion
received and filed. Michalski moved adoption of: Resolution No. 349-00 Accepting improvement
for project; Resolution No. 350-00 Approving preliminary schedule of final assessments for the
1999 PC Concrete Paving Project - No.2; Resolution No. 351-00 Approving final estimate in
amount of $742,522.43. Seconded by Nicholson. Motion carried 6-0.
City Manager recommending approval of a City/County pavement marking agreement, upon motion
received and filed. Michalski moved adoption of Resolution No. 352-00 Approving a cooperative
agreement between the City of Dubuque and Dubuque County for the painting of pavement markings
on streets and roads. Seconded by Nicholson. Motion carried 6-0.
City Manager recommending acceptance of the public improvements in the Tiffany Ridge
Subdivision, upon motion received and filed. Michalski moved adoption of Resolution No. 353-00
Accepting improvements in Tiffany Ridge. Seconded by Nicholson. Motion carried 6-0.
Communication of City Manager recommending an amendment to the Code of Ordinances, upon
motion received and filed. An Ordinance Amending the City of Dubuque Code of Ordinances by
changing the reference in Sections 10-23, 10-24, and 10-38 from "Dock Division Manager" to "City
Manager," presented and read. Michalski moved that this be the first reading of the Ordinance.
Seconded by Nicholson. Motion carried 6-0.
The following was pulled from this Agenda and will be put on the 8/21/00 Agenda: City Manager
recommending an amendment to the Chamber of Commerce Development Agreement and a
Resolution Approving and authorizing execution of an amended and restated Development
Agreement by and among the City of Dubuque, Harbor View Development, LLC, and the Dubuque
Area Chamber of Commerce.
City Manager recommending acceptance of the Skate Park Concrete Slab Construction Project,
upon motion received and filed. Michalski moved adoption of Resolution No. 354-00 Accepting
improvement for project and Resolution No. 355-00 Approving final estimate in amount of
$43,334.57. Seconded by Nicholson. Motion carried 6-0.
City Manager advising that Carnegie Stout Public Library has again been awarded full certification
by the State of Iowa, upon motion received and filed.
City Manager recommending approval to allow Crime Stoppers to place their signs on sign posts
throughout the City, upon motion received and filed and concurred with the recommendation.
Request from Rigel Corporation (Godfather's Pizza) of a liquor license refund in the amount of
$225.00, upon motion received and filed and approved request.
Michalski moved adoption of: Resolution No. 356-00 Granting issuance of a new permit to sell
Cigarettes and Cigarette Papers to Shannon's Bar & Grill, 521 East 22nd Street; Resolution No.
357-00 Granting issuance of a renewal of a permit to sell Cigarettes and Cigarette Papers to Oky-
Doky #21 at 2010 Kerper Blvd, and Bodine Lounge at 1445 Central; Resolution No. 358-00
Granting issuance of Class B Beer Permit to Music N More Promotions; Donna Ginter (Riverfest),
and Tri-State Golf Center, Inc.; and Class C Beer Permit to Amoco Food Shop; Resolution No. 359-
00 Granting issuance of a Class C Liquor License to Shannon's Bar & Grill and King of Clubs.
Seconded by Nicholson. Motion carried 6-0.
BOARDS AND COMMISSIONS:
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
HOUSING COMMISSION: Dorothy A. Culbertson, Jim Holz, Dan Teply. Dorothy Culbertson spoke
requesting reappointment.
LIBRARY BOARD OF TRUSTEES: Sue Lindsay. Sue Lindsay spoke requesting appointment.
LONG RANGE PLANNING ADVISORY COMMISSION: Chris Curfman. Chris Curfman spoke
requesting appointment and submitted his resume.
Appointments to the following Boards/Commissions:
HOUSING ADVISORY TRUST FUND COMMITTEE: Doris Hingtgen. Upon motion Doris Hingtgen
appointed to a three year term which will expire 9-8-03.
Upon motion the rules were suspended to allow anyone present to address the Council.
City Manager recommending that the City dispose of Lots 7A and 8A in O'Neill's Subdivision to
Wayne Reicher and Mark Laird, upon motion received and filed. Markham moved adoption of
Resolution No. 360-00 Disposing of City interest in Lots 7 A and 8A in O'Neill's Subdivision NO.3 in
the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt
of bids for construction of the Parking Lot at Third and Main and City Manager recommending to
award contract for project, upon motion received and filed. Robbins moved adoption of Resolution
No. 361-00 Adopting plans and specs for project and Resolution No. 362-00 Awarding contract for
project to Conlon Construction in the amount of $71 ,042. Seconded by Nicholson. Motion carried
6-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt
of bids for construction of the Third Street Parking Ramp and City Manager recommending to award
contract for project, upon motion received and filed. Markham moved adoption of Resolution No.
363-00 Adopting plans and specs for project and Resolution No. 364-00 Awarding contract for
project to Conlon Construction in the amount of $5,395,868.00. Seconded by Robbins. Motion
carried 6-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt
of bids for the Bunker Hill Building Remodeling Project and City Manager recommending to award
contract for project, upon motion received and filed. Robbins moved adoption of Resolution No.
365-00 Adopting plans and specs for project and Resolution No. 366-00 Awarding contract for
project to Execucon, Ltd., in the amount of $309,574.56. Seconded by Michalski. Motion carried
6-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt
of bids for construction of the Chicago Street Sanitary Sewer Extension Project and City Manager
recommending to award contract for project, upon motion received and filed. Markham moved
adoption of: Resolution No. 367-00 Adopting plans and specs for project; Resolution No. 368-00
With respect to the adoption of the resolution of necessity proposed for the Chicago Street Sanitary
Sewer Extension Project; and Resolution No. 369-00 Awarding contract for project to McDermott
Excavating in the amount of $110,961.47. Seconded by Nicholson. Motion carried 6-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt
of bids for construction of the Walker and Oneida Storm Sewer Replacement Project and City
Manager recommending to award contract for project, upon motion received and filed. Robbins
moved adoption of Resolution No. 370-00 Adopting plans and specs for project and Resolution No.
371-00 Awarding contract for project to Drew Cook and Sons Excavating in the amount of
$132,588.97. Seconded by Nicholson. Motion carried 6-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt
of bids for the reconstruction of Fifth Street from Iowa to Main; City Manager recommending to award
contract for project and to reduce the Preliminary Assessment schedule, upon motion received and
filed. Robbins moved adoption of: Resolution No. 372-00 Adopting plans and specs for project;
Resolution No. 373-00 With respect to the adoption of the Resolution of Necessity proposed for the
Fifth Street Reconstruction - Iowa to Main Street Project; Resolution No. 374-00 Ordering bids.
Seconded by Nicholson. Motion carried 6-0.
Upon motion the rule was reinstated limiting discussion to the Council.
Request from Michael Sills, Lucent Technology, to address the Council regarding the submittal of
their RFP for the City's communications system, upon motion received and filed. Mr. Sills spoke
requesting consideration of his RFP.
Planning Services Manager Laura Carstens presenting a report on the status of the Comprehensive
Plan Update, upon motion received and filed. Laura Carstens spoke briefly on the Comprehensive
Plan Update.
Corporation Counsel Barry Lindahl submitting an Ordinance to provide that the liaison from the
Zoning Advisory Commission shall not be a member of the Long Range Planning Advisory
Commission until September 1, 2001, upon motion received and filed. An Ordinance Amending the
City of Dubuque Code of Ordinances Section 36-4 Long Range Planning Advisory Commission
created; composition, by suspending the membership on the Commission of a member of the Zoning
Advisory Commission until September 1, 2001, presented and read. Robbins moved that this be
the first reading of the Ordinance. Seconded by Nicholson. Carried by the following vote; Yeas--
Nicholson, Robbins, Cline, Duggan, Markham. Nays--Michalski.
Communication of City Manager recommending approval of a projecting sign in the public right-of-
way at 356 Main Street, upon motion received and filed. Ordinance No. 64-00 Authorizing Guy Gard
to construct awning signs, presented and read. Markham 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 6-0.
Communication of City Manager recommending approval of a projecting sign in the public right-of-
way at 255 Locust Street, upon motion received and filed. Ordinance 65-00 Authorizing Miracle Car
Wash to install a projecting sign, 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 Nicholson. Motion carried 6-0.
Communication of City Manager recommending approval of a projecting sign in the public right-of-
way at 1091 Main Street, upon motion received and filed. Ordinance No. 66-00 Authorizing Lime
Rock Springs Co., Inc. (Pepsi-Cola) to install a projecting sign, presented and read. Markham
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
6-0.
City Manager recommending that the City enter into an agreement with Durrant Group for
preparation of a Conceptual Design of Main Street, presented and read. Michalski moved that this
be received and filed and to concur with the recommendation. Seconded by Cline. Vote on the
motion was as follows: Yeas--Nicholson, Cline, Michalski. Nays--Robbins, Duggan, Markham.
Motion failed. Michalski moved to table this matter. Seconded by Nicholson. Vote on the motion
was as follows: Yeas--Nicholson, Cline, Michalski. Nays--Robbins, Duggan, Markham. Motion
failed.
City Manager recommending that a building permit moratorium for the Fourth Street Peninsula be
enacted for a twelve month period, upon motion received and filed. Ordinance No. 67-00
Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of
Ordinances by adding Section 11-58.2, establishing a moratorium for permit applications on the
Fourth Street Peninsula, 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 Markham. Motion carried 6-0.
An Ordinance amending the City of Dubuque Code of Ordinances by Repealing Sec. 23-1 Providing
for a Board of Health; by Repealing Sec. 23-3 Providing for the Conduct of Appeal by the Board of
Health; by amending Sec. 7-75 and 7-81 relating to Dangerous Animals, presented and read.
Markham 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 Robbins. Vote
on the motion was as follows: Yeas--Nicholson, Robbins, Duggan, Markham. Nays--Cline,
Michalski. Motion failed due to lack of 3/4 vote. Markham moved that this be considered the first
reading of the Ordinance. Seconded by Robbins. Carried by the following vote: Yeas--Nicholson,
Robbins, Duggan, Markham. Nays--Cline, Michalski.
Communication from the Iowa Department of Transportation requesting that the City Council
implement a one-year moratorium on development along U.S. 20 and communications from Gary
K. Norby, Attorney for Edward Tschiggfrie and Tschiggfrie Excavating Company; Thomas W. O'Neill,
Menards' Inc.; and Wm. J. Maiers, Attorney for Bill and Janet Siegert; regarding the request from
IDOT for a moratorium along U.S. 20, upon motion received and filed and instructed the City
Manager to obtain specific written information from IA Dept. of Transportation. Ed Tschiggfrie,
Attorney Gary Norby and Attorney Bill Meiers all spoke objecting to implementation of a moratorium.
City Manager submitting documents providing for expansion of the Eagle Point Water Plant Chlorine
Feed Room, presented and read. Michalski moved adoption of: Resolution No. 375-00
Preliminary approval of plans and specs for project in estimated amount of $117,000; Resolution
No. 376-00 Fixing date of hearing on plans and specs for September 5, 2000; Resolution No. 377-
00 Ordering bids and directing Clerk to advertise. Seconded by Robbins. Motion carried 6-0.
City Manager submitting documents providing for the reconstruction of Salina Street, upon motion
received and filed. Markham moved adoption of: Resolution No. 378-00 Preliminary approval of
plans and specs for project in estimated amount of $611 ,375.77; Resolution No. 379-00 Fixing date
of hearing on plans and specs for September 5, 2000; Resolution No. 380-00 Of necessity;
Resolution No. 381-00 Fixing date of hearing on Resolution of Necessity; Resolution No. 382-00
Adopting preliminary schedule of assessments; Resolution No. 383-00 Ordering bids and directing
Clerk to advertise. Seconded by Robbins. Motion carried 6-0.
City Manager submitting documents providing for construction of the Bennett Street Storm Sewer
Extension Project, upon motion received and filed. Michalski moved adoption of: Resolution No.
384-00 Preliminary approval of plans and specs for project in estimated amount of $34,941.83;
Resolution No. 385-00 Fixing date of hearing on plans and specs for September 5, 2000;
Resolution No. 386-00 Ordering bids and directing Clerk to advertise. Seconded by Robbins.
Motion carried 6-0.
City Manager submitting documents providing for Removal of the Discovery Center Parking Lot,
upon motion received and filed. Markham moved adoption of: Resolution No. 387-00 Preliminary
approval of plans and specs for project in estimated amount of $27,855.00; Resolution No. 388-00
Fixing date of hearing on plans and specs for September 5, 2000; Resolution No. 389-00 Ordering
bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 6-0.
City Manager recommending that a public hearing be set for September 18, 2000 to consider the
designation of the "Garfield Place" as an Urban Revitalization area; and further recommending
approval of a Housing Trust Fund Award for construction of a single room occupancy facility on
Garfield Avenue, upon motion received and filed. Michalski moved adoption of Resolution No. 390-
00 1) Finding that the designation of "Garfield Place" as an Urban Revitalization area is necessary
in the interest of public health, safety and welfare of the residents of the City; 2) determining that
said Area meets the eligibility requirements of Section 404.1 of the Code of Iowa; 3) acknowledging
a proposed plan for the Garfield Place Area; 4) providing for a public hearing and published notice;
and 5) waiving notification of occupants by ordinary mail and further set this for Public Hearing on
9/18/00. Seconded by Nicholson. Motion carried 6-0.
Rhodes (Bud) Isenhart spoke regarding TIF funding.
At 8:47 P.M. upon motion it was resolved to go into Closed Session re: Purchase of Real Estate
(Iowa Code 921.5(1)(j) and Pending Litigation (Iowa Code 921.5(1 )(c).
At 9:52 Council reconvened Regular Session stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 9:53 P.M.
Jeanne F. Schneider
City Clerk
1 t 8/16
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, AUGUST 7,2000, AT 6:30 P.M., IN
THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY
PROPERL Y COME BEFORE THE COUNCIL.
Terrance M. Duggan, Mayor
8/7/00