06 05 00 Minutes this Meeting
.
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
Council met in Regular Session at 6:30 P.M., Monday, June 5, 2000 in the Public Library
Auditorium
Present: Mayor Duggan, Council Members Buot, 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.
The invocation was given by Father Jim Dubert, Associate Pastor of Nativity Catholic Church and
Chaplain of Stonehill Care Center.
PROCLAMATIONS: Homeownership Week (June 3-10,2000) received by Jim Lansing; Dollars
Against Diabetes Day (June 10, 2000); Rising Stars/Independent League Days (June 10-11,
2000).
Minutes Submitted: Cable TV Regulatory Commission of 5/17; Cable Community Teleprogramming
Commission of 5/9; Civil Service Commission of 5/3; Five Flags Commission of 3/20; Historic
. Preservation Commission of 5/4; Human Rights Commission of 4/10; Park and Recreation
Commission of 5/9; Transit Board of 3/2. Proof of Publication of Council Proceedings of 5/1/00,
upon motion received and filed.
Claims/Suits: Thomas Buelow in estimated amount of $137.18 for property damage; Linda M.
Federonich in undetermined amount for personal injuries; Jonathan S. Meyers in estimated amount
of $562.65 for vehicle damage; Rhonda Switzer in estimated amount of $335.25 for vehicle
damage, upon motion referred to the Legal Dept. for investigation and report.
Corporation Counsel advising the following claim has been referred to Public Entity Risk Services
of Iowa, the agent for the Iowa Communities Assurance Pool: Allen Mohr for vehicle damage, upon
motion received and filed.
Corporation Counsel recommending settlement of the vehicle damage claim of Mark W. Becker in
the amount of $445.84, upon motion received and filed and approved recommendation and
Finance Director to issue check.
Corporation Counsel recommending denial of the towing expense reimbursement claim of Michael
L. Hansen, upon motion received and filed.
. Communications from Tara Winger, 1145 Cleveland Avenue, Dubuque, lA, upon ~otion received
and filed.
1
Communication of David W. Leifker, Dubuque County Conservation Society, in opposition to the
City's proposal to relocate barge fleeting to City Island and communication of Gary Newt, Newt
· Marine Service, regarding barge fleeting on City Island, upon motion referred to the City Manager
Communication of Mark Laird and Wayne Reicher to vacate an alley running westerly off South
Algona Street, upon motion received and filed and referred to the City Manager.
City Manager recommending approval of a request from the Dubuque Racing Association to amend
the 2000 ORA CIP Schedule to allow for the purchase of a hot water heater ($11,690.13) and
external defibrillator ($6,500), upon motion received and filed and approved recommendation.
City Manager recommending the issuance of $2,750,000 General Obligation Bonds, Series 2000B,
upon motion received and filed. Buol moved adoption of Resolution No. 221-00 Appointing Wells
Fargo Bank Iowa, National Association of Des Moines, Iowa, to Serve as Paying Agent, Bond
Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and Authorizing the Execution of the Agreement and Resolution No. 222-00
Authorizing and Providing for the issuance of $2,750,000 General Obligation Bonds, Series 2000B,
and Levying a Tax to Pay said Bonds. Seconded by Robbins. Motion carried 7-0.
Communication of the Community Development Advisory Commission regarding allocation of
Community Development Block Grant Funds for the Lead Based Paint Hazard Reduction Program,
upon motion received and filed.
City Manager recommending acceptance of the Merchant Hotel Demolition and Site Clearance
Project and approval of the final payment to Tschiggfrie Excavating Co., upon motion received and
filed. Buol moved adoption of Resolution No. 223-00 Approving final payment to Tschiggfrie
Excavating for the completion of the Merchant Hotel (304-326 Main Street) Demolition and Site
Clearance Project. Seconded by Robbins. Motion carried 7-0.
City Manager recommending approval of a request from St. Luke's United Methodist Church, 1199
Main Street, to demolish a garage, upon motion received and filed and approved recommendation.
Communication of City Manager recommending approval of the Final Plat of Lots 1 through 22
Furuseth's Fifth Subdivision in Dubuque County, Iowa, upon motion received and filed. Buol
moved adoption of Resolution No. 224-00 Approving the final plat of Lots 1 through 22 Furuseth's
Fifth Subdivision, in Dubuque County, Iowa. Seconded by Robbins. Motion carried 7-0.
Historic Preservation Commission submitting the nomination of Four Mounds to the National
Register of Historic Places for Council review, upon motion received and filed and concurred with
the nomination.
City Manager recommending approval of a joint agreement between the Dubuque County Boar<.
of Supervisors and the City of Dubuque for the asphalt reconstruction of Peru Road from Tanzanite
2
Drive to the City, upon motion received and filed. Michalski voiced concerns about accessibility
to Four Mounds during the construction. John Gronen reported on the events scheduled for the
. summer. Michalski moved adoption of Resolution No. 225-00 Approving joint agreement between
Dubuque County and the City of Dubuque for the reconstruction of Peru Road from Tanzanite Drive
to the City limits. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending acceptance of the contract for the Usha Park Grading Project, upon
motion received and filed. Buol moved adoption of Resolution No. 226-00 Accepting
improvement for project and Resolution No. 227-00 Approving final estimate in amount of
$96,611.73. Seconded by Robbins. Motion carried 7-0.
City Manager recommending acceptance of the contract for the Pennsylvania/Northwest Arterial
Project, upon motion received and filed. Buol moved adoption of Resolution No. 228-00
Accepting improvement for project and Resolution No. 229-00 Approving final estimate in amount
of $80,055.12. Seconded by Robbins. Motion carried 7-0.
City Manager recommending acceptance of the contract for the Dell and Chestnut Street Storm
Sewer Project, upon motion received and filed. Buol moved adoption of Resolution No. 230-00
Accepting improvement for project and Resolution No. 231-00 Approving final estimate in amount
of $28,314.10. Seconded by Robbins. Motion carried 7-0.
. City Manager recommending acceptance of the contract for the Sarah and Maryville Storm Sewer
Project, upon motion received and filed. Buol moved adoption of Resolution No. 232-00
Accepting improvement for project and Resolution No. 233-00 Approving final estimate in amount
of $53,854.18. Seconded by Robbins. Motion carried 7-0.
City Manager recommending acceptance of the contract for the Granger Creek Lift Station Project,
upon motion received and filed. Buol moved adoption of Resolution No. 234-00 Accepting
improvement for project and Resolution No. 235-00 Approving final estimate in amount of
$63,378.67. Seconded by Robbins. Motion carried 7-0.
City Manager recommending approval of a Cops in Schools Grant application, upon motion
received and filed and approved recommendation.
City Manager recommending that the City waive its Juvenile Accountability Incentive Block Grant
(JAIBG) allocation of $12,630 and allow the funding to go to the Dubuque Decat project, upon
motion received and filed and approved recommendation.
Communication of Thomas G. Goodman submitting his resignation from the Library Board of
Trustees, effective immediately, upon motion received and filed.
. Buol moved adoption of Resolution No. 236-00 Granting issuance of a permit to sell Cigarettes and
Cigarette Papers to 49 Businesses; Resolution No. 237-00 Granting Issuance of a Class "B"
3
(Special Event) Beer Permit to Donna Ginter (Catfish Festival); and Class "B" (6 Month) Beer Permit
to Dubuque Jaycees; and Resolution No. 238-00 Granting Issuance of a Class "C" Beer/Liquor
License to Dubuque Lanes and B'z Dart Inn. Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commission
HISTORIC PRESERVATION COMMISSION: Kenneth C. Kringle (Cathedral District); Jim Gibbs,
Alfred S. Smemo, Joseph Ungs (At-Large) Mr. Kringle spoke requesting reappointment.
LONG RANGE PLANNING ADVISORY COMMISSION: Chris Curfman, Dr. Mary Lynn Neumeister.
Rick Stein. Dr. Mary Lynn Neumeister and Rick Stein both spoke requesting reappointment.
PARK AND RECREATION COMMISSION: Kim Daykin, Chuck Duggan, Gary Harjehausen. Robert
C. Timmerman. Robert Timmerman spoke requesting appointment.
ZONING ADVISORY COMMISSION: Stephen F. Hardie, Ferd Nesler, Robert W. Nagle. Michael F.
Portzen Stephen Hardie spoke requesting reappointment.
Upon motion the rules were suspended to allow anyone present to address the Council if they so
desire.
Proofs of publication on notice of hearing to consider rezoning 223 acres of property between
English Mill Road and Highway 20 from County A-1 Agricultural District to City C-3 General
Commercial District. R-3 Moderate Density Multi-Family Residential District, and R-1 Single-Family
Residential District in conjunction with annexation, upon motion received and filed.
John Herrig, representing the Siegerts, spoke requesting the rezoning.
Michael Wilson, 14021 Barrington. representing the Barrington Lakes Property Owners' Assn.,
stated that the Association is not opposed to the rezoning.
Ordinance No. 44-00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at 11515 English Mill Road
from Dubuque County A-1 Agricultural District to City of Dubuque C-3 General Commercial
District. R-3 Moderate Density Multi-Family Residential District and R-1 Single-Family Residential
District, with conditions, concurrent with annexation, said Ordinance had been given the first and
second readings on 5/15/00, 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 hearing to consider a request to annex land east of the Landfill
between Highway 20 and English Mill Road and City Manager recommending approval of a request
to annex 222 acres of agricultural land directly east of the Landfill between Highway 20 and
English Mill Road. upon motion received and filed. Robbins moved adoption of Resolution No.
239-00 Annexing Certain Property. Seconded by Michalski. Motion carried 7-0.
Proof of publication on notice of hearing to consider disposing of City's interest in real property
adjacent to the North End Neighborhood Bike/Hike Trail to Giese Sheet Metal and City Manager
recommending approval of an ingress/egress easement to Giese Company and to approve disposa'
4
~ _. ]ill\! I ,,_, ,,_ '" ~_!\' ,,,,,_, ~__.._'_" ~" '" ,. " '" " _',"',"'"
-"
'. ' -'
--
of the City's interest in the property, upon motion received and filed. Buol moved adoption of
Resolution No. 240-00 Disposing of an interest in real property by granting an ingress/egress
. easement to a certain property owner adjacent to the North End Neighborhood Bike/Hike Trail from
22nd Street to 32nd Street, in the City of Dubuque, Iowa. Seconded by Nicholson. Motion
carried 7-0.
At 7:07 P.M. Mayor Duggan turned control of the Meeting to Mayor Pro-Tem Nicholson due to
potential conflict of interest and left the Chambers.
Proof of publication on notice of hearing to consider an amended and restated Urban Renewal Plan
for the Ice Harbor Urban Renewal District, City Manager recommending adoption of the Amended
and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, Communication from
the Long Range Planning Advisory Commission advising that the proposed Urban Renewal District
conforms with the City's Comprehensive Plan and Communication from Brian J. Kane, Counsel for
The Fischer Companies, objecting to the inclusion of his client's property as part of the Urban
Renewal District. upon motion received and filed.
Brian Kane. representing The Fischer Companies, spoke objecting to the proposed Urban Renewal
Plan for the Ice Harbor Urban Renewal District; Lynn Pfohl Quigley of The Fischer Companies.
spoke in opposition to the proposed Urban Renewal Plan for the Ice Harbor Urban Renewal District.
Rhodes J. (Bud) Isenhart, 8908 Quail Ridge Court, spoke regarding various Urban Renewal and TIF
District projects the City has undertaken.
Buol moved adoption of Resolution No. 241-00 Approving the amended and restated Urban
. Renewal Plan for the Ice Harbor Urban Renewal District. Seconded by Nicholson. Motion carried
6-0.
At 7:57 P.M. Mayor Duggan returned to the Chambers and took control of the meeting.
Proof of publication on notice of hearing to consider a lease to the Dubuque County Historical
Society for the America's River Museum and City Manager recommending approval of the lease
to the Dubuque County Historical Society for the America's River Museum, upon motion received
and filed. Jerry Enzler, 1921 Simpson, spoke in appreciation of the lease. Michalski moved
adoption of Resolution No. 242-00 Disposing of an interest in real property by lease with the
Dubuque County Historical Society. 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 Five Flags Center Skate Tile Replacement Project and City Manager recommending
to award contract for project. upon motion received and filed. Robbins moved adoption of
Resolution No. 243-00 Adopting Plans and Specs for project and Resolution No. 244-00 Awarding
contract for project to The Floorshow Companies in the amount of $55,978. 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 Olympic Heights/U.S. 52/Jackson Street Drainage Improvements - Phase II
(Flexsteel Pump Station Augmentation) and City Manager recommending to award contract for
project, upon motion received and filed. Robbins moved adoption of Resolution No. 245-00
5"
Adopting plans and specs for project and Resolution No. 246-00 Awarding contract for project to
CDI Excavating in the amount of $43,514. 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 Reconstruction of the Sheridan Road Storm Sewer and City Manager recommending
to award contract for project, upon motion received and filed. Robbins moved adoption of
Resolution No. 247-00 Adopting plans and specs for project and Resolution No. 248-00 Awarding
contract for project to Tschiggfrie Excavating in the amount of $122,841.95. Seconded by
Nicholson. Motion carried 7-0.
Upon motion the following item was removed from the table.
Ken Buesing spoke in support of the reclassification.
Ordinance No. 45-00 Amending Appendix A of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 3030 Brunskill Road from AG Agricultural
to PUD Planned Unit Development District and a PR Planned Residential District Designation and
adopting a Conceptual Development Plan, with Conditions, said Ordinance having been presented
and read on 5/1/00, now presented for further action. Nicholson moved final consideration and
passage of the Ordinance. Seconded by Michalski. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
Appointment of the Mayor, City Manager and two City Council Members (currently Council
Members Nicholson and Cline) to the GDDC Board of Directors, upon motion received and filed
communication and reappointed the same individuals.
Request of the Dubuque County Board of Supervisors for appointment of a Council Member
(currently Council Member Robbins) to the Resources Enhancement and Protection Committee,
upon motion received and filed communication and reappointed Council Member Robbins.
Ordinance No. 46-00 amending Section 2-22 of the City of Dubuque Code of Ordinances providing
for the regular meetings of the City Council by changing the meeting dates for July, 2000,
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.
Communication of City Manager recommending approval of a projecting sign in the public right-of-
way at 180 Main Street (The Busted Lift), upon motion received and filed. Ordinance No. 47-00
Authorizing John Finn to construct projecting sign, 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 Robbins. Motion carried 7-0.
6
"~_QlT...":>.~. ".~.~ .'_ ~ ,J>l!II! .,~..,....'iJ,~,_~,... "'0"" '"'ft ....,._' '...R,.....~... 1 _ ._..... .,'".],....,.[~ . .,...._....N~~.~__ ~..~1!IWt,.-,.,.._ ~ _._~.~......"."'._~~..
. ~..~. ~ ~I~
.
.
City Manager recommending approval of a construction ordinance to allow the Bluff Street
Neighborhood Association to construct and maintain planters in the public right-of-way, upon
motion received and filed. Michalski voiced her concern that there were too many planters and
they were too close to the street. Ken Kringle, President of the Bluff Street Neighborhood Assn.,
spoke in favor of the plan. Ordinance No. 48-00 Authorizing Bluff Street Neighborhood
Association to construct planter placement, 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. Carried by the
following vote: Yeas--Buol, Cline, Duggan, Markham, Nicholson, Robbins. Nays--Michalski.
City Manager recommending that the City submit written comments to the Iowa Utilities Board
advocating a "geographic split" relief plan, upon motion received and filed and concurred with the
recommendation.
City Manager recommending approval of the Fiscal Year 2001 Community Partnership Program
funding awards, upon motion received and filed. Michalski moved adoption of Resolution No.
249-00 Authorizing the award of Community Partnership Program (cp2) funds for Fiscal Year
2001. Seconded by Robbins. Motion carried 7-0.
.
City Manager submitting documents providing for initiation of the bidding process for the Five
Rags Center Arena Seat Replacement Project, upon motion received and filed. Robbins moved
adoption of: Resolution No. 250-00 Preliminary approval of plans and specs for project in
estimated amount of $350,000; Resolution No. 251-00 Fixing date of hearing on plans and specs
for July 5, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish
notice in the manner prescribed by law; Resolution No. 252-00 Ordering bids and directing the
City Clerk to advertise. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending that a public hearing be set for June 19, 2000 to consider a petition
to vacate Monroe Avenue, upon motion received and filed. Michalski moved adoption of
Resolution No. 253-00 Of Intent to dispose of City interest in Lots C, D, E, and F of Maple Leaf
Addition No.2, Dubuque, Iowa and Resolution No. 254-00 Approving plat of proposed vacated
Monroe Avenue (a/k/a Louise Lane) and setting matter for Public Hearing on 7-19-00 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. Ordinance No. 49-00 Vacating Monroe Avenue
(a/k/a Louise Lane), 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 Robbins. Motion carried 7-0.
.
City Manager submitting documents providing for initiation of the bidding process for the City Hall
Interior Work Project, upon motion received and filed. Michalski moved adoption of: Resolution
No. 255-00 Preliminary approval of plans and specs for project in estimated amount of $190,272;
7
:.};:~,
Resolution No. 256-00 Fixing date of hearing on plans and specs for July 5. 2000 at 6:30 P.M.
in the Public Library Auditorium and directing that the City Clerk publish notice in the manner
prescribed by law and Resolution No. 257-00 Ordering bids and directing the Clerk to advertise.
Seconded by Robbins. Motion carried 7-0.
City Manager submitting documents providing for initiation of the bidding process for the City Hall
Exterior Work Project, upon motion received and filed. Robbins moved adoption of: Resolution
No. 258-00 Preliminary approval of plans and specs for project in estimated amount of $192.692;
Resolution No. 259-00 Fixing date of hearing on plans and specs for July 5. 2000 at 6:30 P.M.
in the Public Library Auditorium and directing that the City Clerk publish notice in the manner
prescribed by law; and Resolution No. 260-00 Ordering bids and directing that the City Clerk to
advertise. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting documents providing for initiation of the bidding process for the
construction of a parking lot at Third and Main Streets, upon motion received and filed. Robbins
moved adoption of: Resolution No. 261-00 Preliminary approval of plans and specs for project
in estimated amount of $50.134.57; Resolution No. 262-00 Fixing date of hearing on plans and
specs for July 5, 2000 at 6:30 P.M. in the Public Library Auditorium and directing that the City
Clerk publish notice in the manner prescribed by law and Resolution No. 263-00 Ordering bids and
directing that the Clerk to advertise. Seconded by Nicholson. Motion carried 7-0.
At 8:32 P.M. upon motion it was resolved to go into Closed Session re: Purchase of Real Estate
{Iowa Code ~21.5{1 )(j).
At 9: 16 P.M. upon motion Council reconvened Regular Session.
There being no further business, upon motion meeting adjourned at 9: 17 P.M.
~J
eanne F. Schneider
City Clerk
1t 6/14
8
.._ _ ,_,L 11_, '"
. "i!I~,_...,
-..
U... _1_ ',_.. ','~' ",""_..jJ,,~.._ ].~!!I~~r:f l~.!''''l_, ~