08 21 00 Minutes this Meeting
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
. August 21, 2000, City Council, Special Session followed by Regular Session.
At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library.
At 5:30 P.M. Council convened for the meeting, 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 Reverend Mel Hooten, Pastor, Grandview Heights Baptist Church
Proclamations: Enhancing End-of-Life Care Month (September, 2000) received by Sue Wilford;
Ride to the River Day (August 26, 2000) received by Gary Frederick.
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Minutes: Community Development Advisory Commission of 6/20; Environmental Stewardship
Advisory Commission of 811; Historic Preservation Commission of 7/20; Housing Code Appeals
Board of 7/25; Investment Oversight Commission of 8/10; Long Range Planning Commission of
7/19; Park and Recreation Commission of 8/8; Zoning Advisory Commission of 8/2, upon motion
received and filed.
Printed Official Council Proceedings for June, 2000, upon motion approved as printed.
Proof of Publication of Council Proceedings for meeting of July 17, 2000, upon motion received
and filed.
Finance Director submitting financial report for July, 2000, upon motion received and filed.
Quarterly report from the Convention and Visitors Bureau and Substance Abuse Services Center,
upon motion received and filed.
Notices of Claims and Suits: Mary Harkey in the estimated amount of $1,210.50 for personal
injuries; Tracy Ploessl in undetermined amount for vehicle damage; Michele Schreiber in
undetermined amount for vehicle damage; Greg Swartz in estimated amount of $127.20 for
vehicle damage, upon motion referred to the Legal Staff for investigation and report.
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", said
Ordinance having been presented and read at the Council Meeting of 8/7/00, now presented for
further action. Buol moved that this be the second reading of the Ordinance. Seconded by
Markham. Motion carried 7-0.
Communication from Karma J. Wanamaker advising that she will not be applying for reappointment
to the commission, upon motion received and filed.
Communication from Donald H. Kelliher regarding a traffic safety problem in the area of the
. Dubuque Golf and Country Club, upon motion referred to the City Manager.
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Communication of Jon Romaine, Executive Director of Area Residential Care, Inc., requesting the
City to vacate a parcel of land adjacent to property at 2455 Kerper Boulevard, upon motion
referred to the City Manager.
Communication of Donna Smith, Dubuque County Board of Supervisors, regarding duplicate stret..
names within cities or in the unincorporated area of the County, upon motion referred to the City
Manager.
Communication of Gene Fangman, Chief of the Asbury Police Department and Chair of the
Dubuque Public Safety Communications Center Committee expressing concern about the
duplication of City street and County road names, upon motion referred to the City Manager.
Communication of Katie Selle, Chairperson of the Stonehill Adult Center Advisory Committee,
requesting a letter of support for the proposed renovation and expansion of Stonehill Adult
Center's adult day care program, upon motion referred to the City Manager.
City Manager submitting letter of support for expansion of Stonehill Adult Center's adult day care
program, upon motion received and filed and approved letter of support.
Communication of Ruth Nash urging Council adoption of the Historic Preservation Task Force
proposal, upon motion received and filed.
Communication of Chad Sampson expressing his appreciation for the opportunity to work as an
intern for the Dubuque Human Rights Department, upon motion received and filed.
Communication from the Visiting Nurse Association regarding recent changes, upon motic
received and filed.
Communication of Zoning Advisory Commission advising of their approval of Plat of Survey for Lot
1 of Lightning Ridge as requested by Dan Conlan, upon motion received and filed. Buol moved
adoption of Resolution No. 391-00 Approving the Plat of Survey for Lot 1 of Lightning Ridge in
Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0.
Communication of Zoning Advisory Commission advising of their approval of Plat of Survey of Lot
1, Lot 2, and Lot 3 of Harbor View Place as requested by the City of Dubuque, upon motion
received and filed. Buol moved adoption of Resolution No. 392-00 Approving the Plat of Survey
for Lot 1, Lot 2, and Lot 3 of Harbor View Place. Seconded by Markham. Motion carried 7-0.
Communication of Zoning Advisory Commission advising of their approval of the Final Plat of Lots
1, 2, A, B, C, and D of Maple Leaf Addition No.3, upon motion received and filed. Buol moved
adoption of Resolution No. 393-00 Approving the Final Plat of Lots 1, 2, A, B, C, and D of Maple
Leaf Addition No.3. Seconded by Markham. Motion carried 7-0.
Communication of Zoning Advisory Commission advising that the University of Dubuque's
proposed site plan changes do not represent a significant change to the intent and purpose of the
Planned Unit Development section of the Zoning Ordinance, upon motion received and filed.
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Communication of City Manager recommending approval of a 180 day extension for security
bonding for Jaeger Heights Subdivision No.2, upon motion received and filed. Buol moved
adoption of Resolution No. 394-00 Rescinding Resolution No.1 03-00 and reaffirming the final plat
of Lots 1 thru 4 of Block 4, Lots 1 and 2 of Block 5, and Lots 1 thru 3 of Block 6 of Jaeger
Heights Subdivision No.2, in the City of Dubuque, Iowa. Seconded by Markham. Motion carried
7-0.
Communication of City Manager recommending approval of the acquisition of property at 1650
Manson Road which is necessary for the Manson Road Bridge Replacement project, upon motion
received and filed. Buol moved adoption of Resolution No. 395-00 Authorizing the acquisition of
property at 1650 Manson Road. Seconded by Markham. Motion carried 7-0.
Communication of City Manager recommending approval of the acquisition of real estate at 3425
Pennsylvania Avenue, upon motion received and filed. Buol moved adoption of Resolution No.
396-00 Authorizing the acquisition of property at 3425 Pennsylvania Avenue. Seconded by
Markham. Motion carried 7-0.
Communication of City Manager recommending that the Southwest Arterial Environmental
Assessment Contract with WHKS & Company be terminated, upon motion received and filed.
Michalski moved adoption of Resolution No. 397-00 Authorizing the City Manager to execute an
agreement with the Iowa Department of Transportation terminating the current contract agreement
between the City of Dubuque, the Iowa Department of Transportation, and WHKS & Company for
the Southwest Arterial Environmental Assessment. Seconded by Nicholson. Carried by the
following vote: Yeas--Nicholson, Robbins, Buol, Cline, Duggan. Nays--Michalski.
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Communication of City Manager recommending approval of an amendment to the Fiscal Year 2001
Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 398-
00 Approving an amendment to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for
Community Development Block Grant Funds. Seconded by Markham. Motion carried 7-0.
Communication of City Manager recommending release of real estate mortgage for property
located at 185 Main Street, upon motion received and filed. Buol moved adoption of Resolution
No. 399-00 Approving the release of real estate mortgage for property located at 185 Main Street.
Seconded by Markham. Motion carried 7-0.
Communication of City Manager recommending acceptance of the Skate Park Equipment
Construction Project in the final contract amount of $98,500, upon motion received and filed.
Buol moved adoption of Resolution No. 400-00 Accepting improvement for project, and Resolution
No. 401-00 Approving final estimate in amount of $98,500. Seconded by Markham. Motion
carried 7-0.
Communication of City Manager recommending approval of a contract with the Iowa Department
of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and
an agreement with VNA for related services, upon motion received and filed. Buol moved adoption
of Resolution No. 402-00 Authorizing the City Manager or his designee to sign a contract with the
Iowa Department of Public Health and an agreement with the Dubuque Visiting Nurse Association.
. Seconded by Markham. Motion carried 7-0.
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Communication of City Manager submitting an update on the status of the Iowa Utilities Board
consideration of the changes to the 319 area code, upon motion received and filed.
Communication of City Manager recommending changes to the City's authorized depositor
institutions, upon motion received and filed. Buol moved adoption of Resolution No. 403-0,
Naming depositories. Seconded by Markham. Motion carried 7-0.
Communication of City Manager recommending that certain designated agents of the City be
authorized to execute checks on behalf of the City to pay workers compensation expenses, upon
motion received and filed. Buol moved adoption of Resolution No. 404-00 Authorizing certain
designated agents of the City of Dubuque limited authorization to execute checks on behalf of the
City of Dubuque, Iowa. Seconded by Markham. Motion carried 7-0.
Communication of City Manager recommending approval of an application for a Fiscal Year 2000
Law Enforcement Block Grant from the Department of Justice, upon motion received and filed, and
approved recommendation.
Communication of City Manager submitting a letter of support for the University of Dubuque's
Student Service Program, upon motion received and filed.
Communication of City Manager recommending an addendum to the contract with Vedi Associates
for expenses incurred for redesign and rebid of the Third Street Parking Ramp, upon motion
received and filed and approved addendum.
Communication of City Manager recommending an agreement with the Iowa Emergenc"
Management Division and the Federal Emergency Management Agency to prepare a Hazal
Mitigation Plan for the City, upon motion received and filed. Buol moved adoption of Resolution
No. 405-00 Developing a Hazard Mitigation Plan and Resolution No. 406-00 Guaranteeing local
match for the Hazard Mitigation Planning Grant. Seconded by Markham. Motion carried 7-0.
Communication of City Manager recommending that the City enter into a contract with QED
Consulting of Lakeside Park, Kentucky for an analysis of the economic impact the America's River
Project, as required for the Vision Iowa grant application, upon motion received and filed and
approved contract.
Communication of City Manager recommending an amendment to the Development Agreement
with Platinum Holdings, LLC (formerly Platinum Hospitality Group, LLC) to reflect the name
changes and other minor modifications, upon motion received and filed. Buol moved adoption of
Resolution No. 407-00 Approving and authorizing execution of an amended and restated
Development Agreement by and between the City of Dubuque and Platinum Holdings, LLC.
Seconded by Markham. Motion carried 7-0.
Communication from the County Board of Supervisors expressing their dissatisfaction over recent
legislation relating to the Local Option Sales Tax, and communication of City Manager submitting
a reply to the County Board of Supervisors stating that the City of Dubuque opposes the legislation
relating to the Local Option Sales Tax, upon motion received and filed.
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Communication of the City Manager to the Iowa Department of Transportation regarding the
Southwest Arterial Moratorium, upon motion received and filed.
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Buol moved adoption of Resolution No. 408-00 Granting issuance of a permit to sell Cigarettes and
Cigarette Papers to One Flight Up, Inc.; Resolution No. 409-00 Granting issuance of Class C Beer
Permit to Oky Doky #21, Sid's Beverage, lOCO Speede Shoppe (2335 University and 1998
Jackson), Oky Doky #6; and Class B Wine Permit to Oky Doky #6 and Sid's Beverage; and
Resolution No. 410-00 Granting issuance of Class C Beer/Liquor Permit to Clarke College and Los
Aztecas Mexican Restaurant and Class E Liquor Permit to Eagle Food Center #130. Seconded by
Markham. Motion carried 7-0.
BOARDS/COMMISSIONS:
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
Airport Commission: R. J. Blocker, Teri Goodmann, Don Hedeman, Nancy Ann Helling
TV Cable Teleprogramming Commission: Jennifer Tigges
Appointments to the following Boards/Commissions:
Housing Commission: Dorothy Culbertson, Jim Holz, Dan Teply. Upon motion Dorothy Culbertson,
Jim Holz, reappointed and Dan Teply appointed to three year terms expiring August 17, 2003.
Library Board of Trustees: Sue Lindsay. Mayor appointed Sue Lindsay to the unexpired term
which will expire on July 1, 2003. Upon motion Council concurred with Mayor's appointment.
Long Range Planning Advisory Commission: Chris Curfman. Upon motion Chris Curfman appointed
to the unexpired term which will expire on July 1, 2002.
e Upon motion the rules were suspended to allow anyone present to address the Council.
Request of Julie Harry to consider rezoning property located at 3251 Roosevelt Street from R-l
Single Family Residential District to CS Commercial Service and Wholesale District, and proof of
publication on Notice of Public Hearing to amend the Zoning Ordinance, upon motion received and
filed. Julie Harry spoke in favor of the rezoning. Walt Pregler, Sr. Cathy Lynch, John Dolan, Diane
Beau, Shirley Heacock, Ken Kaiser, Albert Doland, and Lowell Davis spoke in opposition to the
rezoning. Nicholson moved to receive and file the communication and concur with the denial of
the Zoning Advisory Commission. Seconded by Buol. Motion carried 7-0.
Upon motion the rule was reinstated limiting discussion to the Council.
Request of Doug Brotherton, Chairman of the Airport Commission, to address the Council on
current Airport issues. Mr. Brotherton addressed the Council.
Request of Ed Tschiggfrie to address the Council regarding the West End Commercial Subdivision
Final Plat, upon motion referred to the City Manager. Mr. Tschiggfrie spoke concerning the storm
water drainage ordinance.
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Communication of Thomas W. O'Neil, Menard, Inc., requesting (1) that this item be set for a public
heming on September 5, 2000, (2) that Council suggest access alternatives; and (3) that Council
iJllow City staff to participate in determining access as well. Communication of William J. Maiers,
011 behalf of Mr. and Mrs. William A. Siegert, requesting that Menard's' application for plat
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approval be tabled. Michalski moved to receive and file the communication and that a public
hearing be set for 9/5/00. Seconded by Buo!' Motion carried 7-0.
Communication of City Manager recommending an amendment to the Chamber of Commen
Development Agreement, upon motion received and filed. Buol moved adoption of Resolution NlJ.
411-00 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. Seconded by Cline. Motion carried 7-0.
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, said
Ordinance having been presented and read at the Council meeting of 817/00 now presented for
further action. Buol moved that this be the second reading of the Ordinance. Seconded by
Nicholson. Carried by the following vote: Yeas--Nicholson, Robbins, Buol, Cline, Duggan,
Markham. Nays--Michalski.
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, said Ordinance having
been presented and read at the Council Meeting of 817/00 now presented for further action.
Markham moved that this be the second reading of the Ordinance. Seconded by Robbins. Carried
by the following vote: Yeas - Nicholson, Robbins, Buol, Duggan, Markham. Nays--Cline, Michalski.
Request of Mayor Terry Duggan to discuss allowing the citizens of Dubuque to vote on the issu'
of opening or closing the Town Clock Plaza.
Communication of Corporation Counsel submitting an opinion to the Mayor and City Council that
Council can submit issue to voters and communication of Corporation Counsel regarding
referendum ordinance. Markham moved that the communications be received and filed and that
the issue be put to a vote on the next general election, November 7, 2000. Seconded by Robbins.
Vote on the motion was as follows: Yeas--Robbins, Duggan, Markham. Nays--Nicholson, Buol,
Cline, Michalski. Motion failed.
Corporation Counsel Barry Lindahl submitting an ordinance amending the Code of Ordinances to
remove the durationallimitations for political sign and an Ordinance Amending the City of Dubuque
Code of Ordinances Section 4-3.5(c) of Appendix A (the Zoning Ordinance) regulating political
signs by deleting the durationallimitations for such signs, presented and read. Nicholson moved
that this matter be referred to the Zoning Advisory Comm. Seconded by Buo!' Motion carried
7-0.
Communication of City Manager recommending that an application be submitted to the State
Historic Preservation Office for a Certified Local Government grant to develop design guidelines
for the City's five historic districts, upon motion received and filed. Buol moved adoption of
Resolution No. 412-00 Approving the submission of an application for Certified Local Government
funding to develop design review guidelines for the City's historic districts. Seconded by
Nicholson. Motion carried 7-0.
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Communication of City Manager submitting the proposed training and implementation schedule for
converting to a paperless City Council agenda, upon motion received and filed.
Council Member Reports: Council Member Nicholson stated he had consensus of four Council
Members that the agreement with Durrant Group for preparation of a Conceptual Design of Main
Street be placed on the 9/5/00 City Council agenda and gave direction to staff.
City Manager submitting documents providing for construction of the Sutton Pool Water
Playground, upon motion received and filed. Robbins moved adoption of: Resolution No. 413-00
Preliminary approval of plans and specs in estimated amount of $242,500; Resolution No. 414-00
Fixing date of hearing on plans and specs for October 2, and Resolution No. 415-00 Ordering bids
and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0.
At 8: 13 p.m. upon motion is was resolved to go into Closed Session regarding Purchase of Real
Estate (Iowa Code ~21.5(1 )(j) and Pending Litigation (Iowa Code ~ 21.5(1 )(c).
At 8:34 p.m. Council reconvened regular Session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:35 p.m.
Jeanne F. Schneider
City Clerk
1t 8/31
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TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE SPECIAL SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, AUGUST 21, 2000, AT 5:30 P.M., IN
THE LIBRARY AUDITORIUM TO CONSIDER THE ICE HARBOR MASTER PLAN
Terrance M. Duggan, Mayor
8/21/00
TO: JEANNEF.SCHNBDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, AUGUST 21,2000, 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
8/21/00