05 01 00 Skeleton Sheet
.
CITY COUl\lCll SPECIAL SESSION, MAY 1, 2000
COUNCIL MET IN et..e9ED SESSION AT 5:30 P.M. IN THE LIBRARY AUDITORIUM
. PRESENT: MAYOR DUGGAN, COUNCil MEMBERS BUOL, CLINE, MARKHAM,
MICHALSKI, NICHOLSON, ROBBINS
CITY MANAGER MICHAEL VAN MllLlGEN, CORPORATION COUNSEL BARRY LINDAHL
ABSENT:
-; /
/,'
f{::r~1- a, / @ //7~/
~
- 3..L:!:'~~.
Mayor Duggan read the call and stated this is a special session of the City Council called
for the purpose of discussing the Community Transportation System Design Study.
,
.
. >)~Z-1'A:. j//74/7j
/;;.2.""", / //T)' "~-<<.,dd"7t'.
/ 7L//''- /
~" /7//. '~/ir>:/
<(~y ,,1>/.>-1'./
/' " . - u. .
. /\ ';'/'/(/, ~/::'?/// //:;'
-r/Z, /'
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Robbins
Buol
Cline
/;
~//A"F//1/
A'v
.,.-- .,..-,/
,_, "",' t;/ /t~C/~
/:b' ;/
&::'
.
1
;
I,.Y ~ J))
(j {J
\
/Cl
J (/ J
o i;/V ;/
i('IfDL r/f~' l~\
" 1/ ! r # v
\~ ~1~J 1(/1 ,-VJ v
J,[)/dl /f v
U r' J!l/ ft,1
fl '
)/v
pi' ;;tI
,/ ,f ;j;J /1 li ;};fP
r;l' /11vif<!" ) /'
~t~ ,1'1/1
i/ j{fj ./
Ilt L,)
.
.
.
CIT'-t COUNCIL REGULAR SESSION, MAY 1, 2000
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
/
v . .
PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, MARKHAM,
~ .. ~
MICHALSKI. NICHOLSON, ROBBINS
~JO
/ /
CITY MANAGER MICHAEL VAN MILLlGEN, CORPORATION COUNSEL BARRY LINDAHL
ABSENT:
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: Reverend David pachdke, Chaplain for The Finley Hospital and Dubuque
Law Enforcement Center . .~I'jo 1 ,
iirfl j '1' /;1-~;;J ,#(V /~.
PROCLAMATIONS,;jlJ1. ,</ , 5;~ '(~t;:? 1~~/d'"
/1 . ' ~ / / ! (~/
Foster Care Month (May, 2000) u;;~,,{?,?f..-e'tP/!/' p-"
Mental Health Month (May, 2000) . 0. / /
Nurses Week (May 6-12,2000) - ..7'.2</ Ot".&/'L/t~-
Peace Officers' Week (May 14-20, 2000) and Peace Officers' Day (May 15, 2000)
Mississippi Walleye Club Kids' Day - June 3, 2000
/
If}'
, /
1/..d
;fJz;;dlv
. /' (/,; ~ . J ,,/1
.I '/ // .___ './(/ ,?_t'./"--
/Y0:.7..rJ. ~L-':: (. . i!...(. C /-: =)?/~ .
/{f.{..fC~,cJ /-(d,,(.~
i ,1 :?f;JL ~) 4Jt/iL/)
)~~v .. ~
,A.-,l .
(;--fiL-? .--/./
J .'
J..e-t .[;,
~
------
2
CONSENT ITEMS
1.
Minutes Submitted
Airport Commission of March 27 and April 5; Cable TV Regulatory Commission of
April 12; Cable TV Community Teleprogramming Commission of April 4; Electrical
Code Board of April 4; Five Flags Commission of April 17; Historic Preservation
Commission of April 6; Human Rights Commission of March 13; Investment
Oversight Advisory Commission of April 20.
.
Printed Official Proceedings for February, 2000.
Proof of Publication of Council Proceedings for meeting of April 3, 2000.
Investment Oversight Commission's Quarterly Investment Report.
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Dan Kruse Pontiac. Inc. vs City of Dubuque and Beidler Towing; Dubuque Bank and
Trust Company vs City of Dubuque, et al; Tom Patterson in estimated amount of
$519.40 for vehicle damages.
Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation
.
Corporation Counsel advising the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Patricia K. Ruden for vehicle damages; SuYen Chong for vehicle damages.
Suggested Disposition: Receive and File
Ayes Nays
.
" Duggan
/ Markham
/ Michalski ,0
/ Nicholson W
/ Robbins
, )/Buol rf}
jJ /0 G" ~/Cline
. . /J //1/ Ii /rY p
YPfJ JtpJ//J . ^'~
tJ!r~J ;~t;tfl/
~:/;fJ !>> 4P,k
~- () d
~~"
3
.
.
.
3.
Plunibing Board Vacancy
Communication of Building Services Manager Rich Russell advising of Jeff
Schwartz' resignation from the Plumbing Board.
Suggested Disposition: Receive and File
4.
Water Playground Design
City Manager recommending approval of the selection of Burbach Aquatics for the
design of the water playgrounds at Flora and Sutton Pools.
Suggested Disposition: Receive and File Communication; Approve
5. Lead Hazard Control Program Grant Application
City Manager recommending approval of an application to the U.S. Department of
Housing and Urban Development for Lead Paint Hazard Reduction Programs.
RESOLUTION //,/.cJ1J Authorizing the Mayor to execute applications for Lead
Paint Hazard Reduction, Healthy Homes Initiatives and Research and Education
Activities.
Suggested Disposition: Receive and File Communication; Adopt Resolution
Ayes
Nays
Duggan
Markham
Michalski
Nicholson
Robbins
Buol
Cline
\j~
4
.
.
.
6.
Conveyance of Property - Klingenberg Terrace
City Manager recommending acceptance of the conveyance of property from Jeff
and Jennifer Conard and Shannon Felderman.
RESOLUTION //;;;1 .cJ7J Accepting a conveyance of property on Klingenberg
Terrace to the City of Dubuque. (Conard)
RESOLUTION /?.3-~ Accepting a conveyance of property on Klingenberg
Terrace to the City of Dubuque. (Felderman)
Suggested Disposition: Receive and File Communication; Adopt Resolutions
7. Environmental Review on Fiscal Year 2001 Annual Plan
City Manager recommending approval of a combined notice of finding of no
significant impact on the environment and notice of intent to request release of
funds for proposed projects in the Fiscal Year 2001 Annual Action Plan for
Community Development Block Grant activities.
RESOLUTION / ?L/ ,/'0 Authorizing publication of a combined notice of finding
of no significant impact on the environment and notice of intent to request release
of funds for certain Community Development Block Grant projects for Fiscal Year
2001 (Program Year 2000).
Suggested Disposition: Receive and File Communication; Adopt Resolution
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Robbins
Buol
Cline
bV\
5
.
.
.
8.
Environmental Consultant for Kerper Court
City Manager recommending selection of engineering firm for Environmental
Services for Kerper Boulevard Industrial Park.
Suggested Disposition: Receive and File Communication; Approve
9.
Eagle Point Software CEBA Amendment
City Manager recommending approval of an amendment to the Community
Economic Betterment Account Loan Agreement with Eagle Point Engineering and
State of Iowa Department of Economic Development.
fi .,ktv
RESOLUTION /75'~ Approving fiimendment No 2. q;() the Community
Economic Betterment Account (CEBA) loan agreement among the City of Dubuque,
Iowa; the Iowa Department of Economic Development; and Eagle Point Engineering.
Suggested Disposition: Receive and File Communication; Adopt Resolution
Ayes
Nays
Duggan
Markham
Michalski
Nicholson
Robbins
Buol
Cline
6
.
.
.
10.
Draft Historic Preservation Survey Report
Historic Preservation Commission submitting Draft Survey Report on
Architectural/Historical Resources.
Suggested Disposition: Receive and File Report
11.
Disaster Assistance Agreement
City Manager recommending approval of a Disaster Assistance Agreement between
the City of Dubuque and the Iowa Emergency Management Division.
RESOLUTION / 'Jc; -tft) Approving a Disaster Assistance Agreement between the
City of Dubuque and the Iowa Emergency Management Division.
/
Suggested Disposition: Receive and File; Adopt Resolution
1 2. Business Licenses ;IN
RESOLUTION /?~.{fJtJ Granting issuance of Class "C" Beer Permit Tobacco
Outlet Plus #504, Oky Doky #1, and Oky Doky #2.
RESOLUTION /?.-9-4'C Granting issuance of Class "C" Beer/Liquor Permit to
Windsor Tap, Marco's, and Loras College campus Center; Class "B" Wine Permit to
Oky Doky #1.
Suggested Disposition: Adopt Resolutions
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Robbins
Buol
Cline
:X-~/u . d '<.~p/ /7:;7 t9-rJ ",~..h/Y/' ~d/-U/
-~-rA'~
'7- . /
~~~~~J Y ~/~~--:Z~
~<LoO /~/~""h/-<-CN/
7
.
.
.
BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the
following Boards/Commissions:
Environmental Stewardship Advisory Commission: Latricia Lord ;~
,<
/
Human Rights Commission: Judith Haley Giesen, Joseph A. Hopkins, Jw.iHmnl R0ss-
I 11~'
APPOINTMENTS to the following Boards/Commissions: t,;{ ("ft./'
Long Range Planning Commission: Chris Curfman and John F. Michalski
I
i' Ii
.;I/o !;
Hrr "
,;/1 fol./
Ayes
Nays
Duggan A
Markham /J;
Michalski /j
Nicholson /1
Robbins /7}
Buol /ll
Cline ~7
1,,0
(/"/.c~~/V7L/
,//}{"b~'
8
.
.
.
PUBL:IC HEARINGS
SUSPEND THE RULES
/0
J
61 '
Ayes Nays
/
,/
/
/
/
/
/
Duggan
Markham
& Michalski
Nicholson
@ Robbins
Buol
Cline
1. Request to Rezone Property at Corner of Nevada Street and YM- YWCA Drive
Proof of publication on notice of public hearing to consider rezoning property
located at the corner of Nevada Street and YM-YWCA Drive from OR Office
Residential to R-1 Single Family.
ORDINANCE 3;"dfJ Amending Appendix A of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at the northeast
corner of Nevada Street and YM-YWCA from OR Office Residential District to R-1
Single Family Residential District. (First and second readings given on April 17,
2000)
Suggested Disposition: Receive and File Proof of Publication; Motion "A"
~ 7.~11 tI
Ii ( , ,/J
I Y ,./M
i J J. dl'
(!! (/
;];1, A))) it J
~ /1'1.
/rU') 4
t,ft
/1 / t,2//
/?~ .t. d / //'7/
V 9W~! flP'
. ) />.tt
:? ;/:;#( L'
Ayes Nays
,/ Duggan
/ Markham
/ Michalski
(iJ Nicholson
/ Robbins
/ (!) Buol
/ Cline
9
.
.
.
Request to Rezone Property at 511 Garfield Avenue
Proof of publication on notice of public hearing to consider rezoning property
located at 511 Garfield Avenue from R-2A Alternate Two-Family Residential to OR
Office Residential.
2.
ORDINANCE ~'8.CJ() Amending Appendix A of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 511 Garfield
Avenue from R-2A Alternate Two-Family Residential District to OR Office
Residential District. (First and second readings given on April 17, 2000)
Suggested Disposition: Receive and File Proof of Publication; Motion" A"
Ayes Nays
/
/
Duggan
Markham
Michalski
;;3}Nicholson
(i) Robbins
Buol
Cline
/
..-
/
/
/
10
3.
Request to Rezone Property at 3966 Asbury Road
Proof of publication on notice of public hearing to consider rezoning property
located at 3966 Asbury Road from AG Agricultural to R-1 Single Family Residential,
R-3 Moderate Density Multi-Family Residential and C-2 Neighborhood Shopping
Center District.
.
ORDINANCE 37'..tnJ Amending Appendix A of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 3966 Asbury
Road from AG Agricultural to R-1 Single Family Residential, R-3 Moderate Density
Multi-Family Residential, and C-2 Neighborhood Commercial Shopping Center
District. (First and second readings given on April 17, 2000)
Suggested Disposition: Receive and File Proof of Publication; Motion "A"
/"/;> //) .;:'7" ./f,~1r::~.(~j
., f:>'>"'/
Ayes
Nays
J
.
// d;;)/1
/~ I 1/17;,/"
/. /!<lP" (;
~a!/"
c/I
Duggan
./ Markham
./ Michalski
/ ~ Nicholson
./ Robbins
,/ (f) Buol
Cline
./
/J;~ttP
'~"1 /') /../.$./ - ./
1 ffAr / t/ ~/ ~ 0/#/.#" '":./~~ 0;>6'
. i:: ..?-A/~ Y1/X,::~~C'-:q,,? ,
/Z(f~7 j;/f.<:ffi$/./z~'/?"' (// / .~./#~
/.&'A'-~' ,/ ..-/ / Y ~/
c..- c . A///.?~/ -"
/l . ~~VV'-
a:k./wP ~J ~ ' , ,--.... /'
(/ ~ & ' /f)t7
" <~ " / ~ / .~ ~" aiel ~~CJ~L77ftU~/
JA.<J9~{"~/~3{JC;~A/.l0 /C7L~r
i/-6zd/aL~(/A/~;P;;l-5/~~/ /' ~/Aj
A,#;lLh 0'"1.. ~~ k" A .'~ /
# 0/. fiM~.
.
1 1
.
.
.
4.
Request to Amend the Dubuque Industrial Center Planned Industrial District
Proof of publication on notice of public hearing to consider amending the Dubuque
Industrial Center Planned Industrial District to allow construction of common
driveways to serve adjacent properties.
ORDINANCE "/0 &f'I Amending Appendix A of the City of Dubuque Code of
Ordinances by repealing Section 2, Attachment C-4 of Ordinance 69-98, and
enacting a new Section 2, Attachment C-4 in lieu thereof pertaining to allowing
common drives between lots for the PI Planned Industrial District for Dubuque
Industrial Center. (First and second readings given on April 17, 2000)
Suggested Disposition: Receive and File Proof of Publication; Motion" A"
Ayes Nays
JJ
<hi!'"
I1LY
t'
./
,/
/
/
/
,/
,/
Duggan
Markham
fi) Michalski
Nicholson
@Robbins
Buol
Cline
12
.
.
.
5.
Zoning Ordinance Text Amendment
Proof of publication on notice of public hearing to consider a text amendment
pertaining to the City Council's public hearing process for rezonings and text
amendments.
ORDINANCE L// ,f[) 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. (First
and second readings given on April 17, 2000)
Suggested Disposition: Receive and File Proof of Publication; Motion "A"
, ;//
d~Y["
/{f :;fI' tdlJ .
:?~,/. (/~/i', / J)
It /,jY/
fllfl;!?{4
J j;!i. l1
Ayes Nays
v Duggan
./ Markham
v Michalski
/, r@Nicholson
/ {!) Robbins
./ Buol
./ Cline
13
.
.
.
6.
General Obligation Bond Issue
Proof of publication on notice of public hearing and communication of City Manager
recommending the issuance of $3,000,000 General Obligation Bonds for expansion
of the Fifth Street Parking Ramp.
/ 5O~OC
RESOLUTION '~.{nJ Instituting proceedings to take additional action for the
issuance of not to exceed $3,000,000 General Obligation Bonds.
Suggested Disposition: Receive and File Proof of Publication; Adopt Resolution
/lJ)
/
Ayes
,/
,/
./
,
./
/
Nays
./
Duggan
() Markham
Michalski
Nicholson
Robbins
@BUOI
Cline
/
7.
Dolan Building Demolition
Proofs of publication on notice of hearing on plans and specs and notice to bidders
on the receipt of bids for demolition of the Dolan Building and the City Manager
recommending to award contract for project.
RESOLUTION ./;;;11. &11 Adopting plans and specs for project.
RESOLUTION ./;;;r &4J Awarding contract for project to Tschiggfrie
Excavating, Inc., in the amount of $151,640.
Suggested Disposition: Receive and File Proofs of Publication; Adopt Resolutions
t;!J{i
"' ./t/5/) .~.
Ittfl
i/{~
Ayes Nays
/
Duggan
/ Markham
/ . Michalski
./ @Nicholson
./ (V Robbins
./ Buol
Cline
/
14
REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
. Ayes Nays
/
Duggan
,/ Markham
//,0 / Michalski
/ Nicholson
,/ ~obbins
/ ( Buol
/ Cline
ACTION ITEMS
1. Housing Action Conference
Housing Services Manager David Harris to address Council regarding the Housing
Action Conference.
Suggested Disposition: Receive and File
.
,
/!IPJJ
, flC/'
///J! J
cJ1v )y
3/4'
Ayes Nays
r/ Duggan
/ Markham
/. () Michalski
/ Nicholson
/ Robbins
/ ~uol
/ Cline
.
15
~\ J
, (~f;'
J
~
'f)
}I
/ i.fU,f) )
\Y I. (!
tG~/ \ t
. ! P
I ~
11\
htl' I :
0' \J I 1
i/)) ~I)
ell l ~'~l
~;{I. "j' f
cu uJ! ~
lit" r0i
~~ vP' (j
II j/'
J;j
if
. .
[,J
~
rlf
I\lv
IV
;}iI
/ .\'
,~ry j.
T
[(p" fAJ
if
/ t
""el) ~}; j
(t 'D 1 ~ I'
1 I ~t
, .pv
.
.
.
2.
Do~ntown Comprehensive Planning to Plan Group ~ rJ 6
Dave Rusk requesting to address the Council regarding City sponsorship of a ,tt f
compmh,""v, dow"'OW" pl,""m, pm"" '. . '.'. 1 fJ.,fJ..f ~0, ~~'}J
Suggested Disposition: Receive and File ;v~';)/
Ayes Nays
rt~ f; /: O~' V Duggan ~ r
~/ () l,1J J);/' If ./ Markham / /7
I A/I' oJ /. 1/) Michalski
, . f, f~. /i'" f I) /U Nicholson
/ J f, , ) i /i '. (/ /J'C / Robbins
I~ ~.i ,L/) lit ; ~ ~~~~
t I'j
Gannon Center - PATH Program
Communication of David Tjarks, Executive Director of the Gannon Center,
requesting Council support for its application for grant funds from the State of Iowa
to continue the PATH Program (Projects for Assistance in Transition from
Homelessness) .
3.
Suggested Disposition: Receive and File Communication;
,J y 1'.
0f# t f"
rl ..IJI,
~
Ayes Nays /<;;1
v'
/ Duggan : I fI /J 'flu'-
/ Markham \-:(/~ U' , '
/ @Michalski '7J 'Yvrf02 hk
/ '1Nicholson (1)l:n'l/1AA/f.i
/ ('J';Robbins
/ /' Buol
/ Cline
''")
;):/(2./ C
.k2.. ~
/-7 //1 (. ~
-~r/~ . /,:- ~4
~ '" -:;;r/ ~
I;:;; ,.:;~~e-c>>' U /
c/t#K/t
.c::---
16
.
.
.
4.
Amendment to Code of Ordinances - Gay Park
ORDINANCE /7,./:') .(:9f) Amending Section 34-52(d) of the City of Dubuque
Code of Ordinances prohibiting the consumption or use of beer in certain City parks
to allow the consumption or use of beer in Gay Park on August 12, 2000.
Suggested Disposition: Motion "B"; Motion "A"
1,0
Ayes Nays
,/ Duggan
/ f,;.ljMarkham
,/ LV Michalski
/ Nicholson
/ Robbins
/ f) Buol
/ Cline
5. General Obligation Bonds
City Manager recommending approval to advertise for the sale of General Obligation
Bonds.
~
RESOLUTION /YcP .t97) Directing the advertisement for sale of $2,750,000
General Obligation Bonds, Series 2000B.
Suggested Disposition: Receive and File Communication; Adopt Resolution
Ayes Nays
1/{)
i/
/
,/
/
/
/
/
Duggan
(j) Markham
Michalski
@ Nicholson
Robbins
Buol
Cline
17
.
.
.
Development Proposal for Stout Place
City Manager recommending approval of a new developer for the Iowa Inn/Stout
Place Project.
RESOLUTION /8,!f.c:nJ Supporting the application of MetroPlains to the Iowa
Finance Authority for housing tax credits.
Suggested Disposition: Receive and File Communication; Adopt Resolution
1 U ~{ ;jtJ
;rt'plt , J
;!))
/tlJ t IV
(/' q!f(
6.
Ayes
Nays
7.
r+J
, l' \ iJ
Ufjprf '/1}11 0
[, ~i (l~ J /
liD r /
[v{\} , l
6~ ' iJ/;tr
consolidat!c; Plan
/
/
/'
/'
/
/
Duggan
o Markham
;:::;} Michalski
CJI Nicholson
Robbins
Buol
Cline
/
City Manager recommending adoption of the Consolidated Plan for Housing and
Community Development for 2001-2006 as required by HUD.
RESOLUTION / J?.t.r i7'tJ Adopting the consolidated plan for 2001 - 2006;
authorizing the Mayor to execute said plan and all necessary certifications;
designating the City Manager as the authorized Chief Executive Officer for the
consolidated plan; and directing that said plan be submitted to the U.S. Department
of Housing and Urban Development.
Suggested Disposition: Receive and File Communication; Adopt Resolution
Ayes Nays
1/{} V Duggan
/ Markham
r ~Michalski
/ / Nicholson
/ Robbins
/ Buol
/ Cline
,
COUNCIL MEMBER REPORTS
18
ITEMS TO BE SET FOR PUBLIC HEARINGS
.
1.
Five Flags Center Skate Tile Installation
City Manager submitting documents providing for installation of the Five Flags
Center Skate Tile.
RESOLUTION /,'?I!? ~d-tJ Preliminary approval of plans and specs for project in
estimated amount of $50,000.
~
/
RESOLUTION
2000.
<2::. .<> /)
/ u,", - {T{/
Fixing Date of Hearing on plans and specs for June 5,
RESOLUTION
/ ;;:;;'- &0
Ordering Bids and directing Clerk to advertise.
Suggested Disposition: Receive and File; Adopt Resolutio,( Public Hearing 6/5/00
Ayes Nays
,/ Duggan
/ Markham
/ () Michalski
/
/ Nicholson
Robbins
. / r!J Buol
/ Cline
.
19
2.
Flexsteel Pump Project
City Manager submitting documents providing for the Olympic Heights/U.S. 52/
Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station
Augmentation) .
.
RESOLUTION /<'?11-dtJ Preliminary approval of plans and specs for project in
estimated amount of $52,887.
'lLJ
RESOLUTION / n.cHJ Fixing Date of Hearing on plans and specs for June
5, 2000.
RESOLUTION
/ '7,.#11 Ordering Bids and directing Clerk to advertise.
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/5/00
Ayes Nays
1,0
./
/
/
/
/
/
/
Duggan
(JMarkham
Michalski
Nicholson
Robbins
(J) Buol
Cline
.
3. Sheridan Road Storm Sewer
City Manager submitting documents providing for construction of the Sheridan
Road Storm Sewer Reconstruction Project.
RESOLUTION / Pdt CJ-tJ Preliminary approval of plans and specs for project in
estimated amount of $174,667.15.
RESOLUTION /',?;?-&t:/ Fixing Date of Hearing on plans and specs for June
5, 2000.
RESOLUTION /:?st thJ Ordering Bids and directing Clerk to advertise.
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/5/00
Ayes Nays
,/ Duggan
,/ Markham
,/ Michalski
. / Nicholson
/ & Robbins
/ ~uol
/
Cline
20
.
.
.
Motion to go into closed session
Time
Adjourn
Ayes
Nays
/
Duggan
@Markham
Michalski
Nicholson
Robbins
(j Buol
Cline
/
1,0
/
r;;; 5/
CLOSED SESSION
Pending Litigation and Property Acquisition (Iowa Code ~21.5( 1 )(c)(j)
';/, :.3cJ
Ayes Nays
duggan
l?J.v~arkham
Michalski
Nicholson
Robbins
tJ) Buol
Cline
21
.
.
.
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
May 1, 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 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 a special session of the City Council called for the
purpose of discussing the Community Transportation System Design Study.
Tim Moerman, Assistant City Manager, presented the study. Mark Munson, Transit Manager, Pam
Renfro, Joel Lightcap, and Harry Bemis of the Transit Board were in attendance to answer questions.
After discussion, direction was to proceed as proposed.
There being no further business, upon consensus this special session adjourned at 6:24 P.M.
Jeanne F. Schneider
City Clerk
####################################################
City Council, Regular Session, May 1, 2000
Council met in Regular Session, 6:30 P.M., 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 David Pacholke, Chaplain for The Finley Hospital and Dubuque
Law Enforcement Center.
PROCLAMATIONS: Foster Care Month (May, 2000) received by JoAnn Roberts, President of the
Foster Care Parents in Dubuque; Mental Health Month (May, 2000) received by Betty Allen,
Secretary of the Mental Health Assn., Nurses Week (May 6-12,2000) received by Alice Prohaska
and Judy McDermott of Mercy Medical Center and Kathy Miller of The Finley Hospital; Peace
Officers' Week (May 14-20, 2000) and Peace Officers' Day (May 15, 2000) received by Rev.
Pacholke; and Mississippi Walleye Club Kids' Day - June 3, 2000 received by Jerry Abing, Bill
Brosnahan and Lynn Smith; Hospital Week - May 7-13,2000 received by Alice Prohaska and Judy
1
McDermott of Mercy Medical Center and Kathy Miller of The Finley Hospital.
Minutes Submitted: Airport Commission of March 27 and April 5; Cable TV Regulatory Commission
of April 12; Cable TV Community Teleprogramming Commission of April 4; Electrical Code Board
of April 4; Five Flags Commission of April 17; Historic Preservation Commission of April 6; Human
Rights Commission of March 13; Investment Oversight Advisory Commission of April 20, upon
motion received and filed.
Printed Official Proceedings for February, 2000, upon motion approved as printed.
Proof of Publication of Council Proceedings for meeting of April 3, 2000, upon motion received and
filed.
Investment Oversight Commission's Quarterly Investment Report, upon motion received and filed.
Dan Kruse Pontiac. Inc. vs City of Dubuque and Beidler Towing; Dubuque Bank and Trust Company
vs City of Dubuque, et al; Tom Patterson in estimated amount of $519.40 for vehicle damages, 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: Patricia K. Ruden for vehicle
damages; SuYen Chong for vehicle damages, upon motion received and filed.
Communication of Building Services Manager Rich Russell advising of Jeff Schwartz' resignation
from the Plumbing Board, upon motion received and filed.
City Manager recommending approval of the selection of Burbach Aquatics for the design of the
water playgrounds at Flora and Sutton Pools, upon motion received and filed and approved
recommendation.
City Manager recommending approval of an application to the U.S. Department of Housing and
Urban Development for Lead Paint Hazard Reduction Programs, upon motion received and filed.
Buol moved adoption of Resolution No. 171-00 Authorizing the Mayor to execute applications for
Lead Paint Hazard Reduction, Healthy Homes Initiatives and Research and Education Activities.
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending acceptance of the conveyance of property from Jeff and Jennifer
Conard and Shannon Felderman, upon motion received and filed. Buol moved adoption of:
Resolution No. 172-00 Accepting a conveyance of property on Klingenberg Terrace to the City of
Dubuque (Conard); Resolution No. 173-00 Accepting a conveyance of property on Klingenberg
Terrace to the City of Dubuque (Felderman). Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of a combined notice of finding of no significant impact on the
environment and notice of intent to request release offunds for proposed projects in the Fiscal Year
2001 Annual Action Plan for Community Development Block Grant activities, upon motion received
and filed. Buol moved adoption of Resolution No. 174-00 Authorizing publication of a combined
notice of finding of no significant impact on the environment and notice of intent to request release
of funds for certain Community Development Block Grant projects for Fiscal Year 2001 (Program
2
e
.
.
Year 2000). Seconded by Nicholson. Motion carried 7-0.
City Manager recommending selection of engineering firm for Environmental Services for Kerper
Boulevard Industrial Park, upon motion received and filed and approved recommendation.
City Manager recommending approval of an amendment to the Community Economic Betterment
Account Loan Agreement with Eagle Point Engineering and State of Iowa Department of Economic
Development, upon motion received and filed. Buol moved adoption of Resolution No. 175-00
Approving amendment No. 2 to the Community Economic Betterment Account (CEBA) loan
agreement among the City of Dubuque, Iowa; the Iowa Department of Economic Development; and
Eagle Point Engineering. Seconded by Nicholson. Motion carried 7-0.
Historic Preservation Commission submitting Draft Survey Report on Architectural/Historical
Resources, upon motion received and filed.
City Manager recommending approval of a Disaster Assistance Agreement between the City of
Dubuque and the Iowa Emergency Management Division, upon motion received and filed. Buol
moved adoption of Resolution No. 176-00 Approving a Disaster Assistance Agreement between the
City of Dubuque and the Iowa Emergency Management Division and Resolution No. 177-00 State
of Iowa Designation of Applicant's Authorized Representatives. Seconded by Nicholson. Motion
carried 7-0.
Buol moved adoption of Resolution No. 178-00 Granting issuance of Class "C" Beer Permit Tobacco
Outlet Plus #504, Oky Doky #1, and Oky Doky #2 and Resolution No. 179-00 Granting issuance of
Class "C" Beer/Liquor Permit to Windsor Tap, Marco's, and Loras College Campus Center; Class
"B" Wine Permit to Oky Doky #1. 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:
Environmental Stewardship Advisory Commission: Applicant - Latricia Lord. No one spoke.
Human Rights Commission. Applicants: Judith Haley Giesen, Joseph A. Hopkins. Mr. Hopkins
spoke.
APPOINTMENT to the following Boards/Commissions:
Long Range Planning Commission. Applicants: Chris Curfman and John F. Michalski. Upon vote
John F. Michalski appointed to fill the unexpired three year term which will expire 7-1-02.
Upon motion the rules were suspended to allow anyone present to address the Council.
Proof of publication on notice of public hearing to consider rezoning property located at the corner
of Nevada Street and YM-YWCA Drive from OR Office Residential to R-1 Single Family, upon motion
received and filed. Julie Steffen, 2260 Coates, for Habitat for Humanity, spoke requesting adoption
of the Ordinance. Ordinance No. 37-00 Amending Appendix A of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at the northeast corner of Nevada
Street and YM-YWCA from OR Office Residential District to R-1 Single Family Residential District,
3
with first and second readings given on April 17, 2000, now presented for final action. BU'OI moved
final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Proof of publication on notice of public hearing to consider rezoning property located at 511 Garfielc.
Avenue from R-2A Alternate Two-Family Residential to OR Office Residential, upon motion received
and filed. Ordinance No. 38-00 Amending Appendix A of the City of Dubuque Code of Ordinances
by reclassifying hereinafter described property located at 511 Garfield Avenue from R-2A Alternate
Two-Family Residential District to OR Office Residential District, with first and second readings given
on April 17, 2000, 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 consider rezoning property located at 3966 Asbury
Road from AG Agricultural to R-1 Single Family Residential, R-3 Moderate Density Multi-Family
Residential and C-2 Neighborhood Shopping Center District, upon motion received and filed. Tom
Hilby of 3966 Asbury, spoke requesting adoption of the Ordinance. Tony Zelinskas of WHKS
presented preliminary plans for the development. Virgil Blocker, 1850 Carter, representing
Resurrection Church, spoke not objecting to the adoption of the Ordinance, but requesting frontage
roads on both sides of Asbury Rd.
Ordinance No. 39-00 Amending Appendix A of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 3966 Asbury Road from AG Agricultural to R-1
Single Family Residential, R-3 Moderate Density Multi-Family Residential, and C-2 Neighborhood
Commercial Shopping Center District, with first and second readings given on April 17, 2000, now
presented for final action. Buol moved final consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Proof of publication on notice of public hearing to consider amending the Dubuque Industrial Center
Planned Industrial District to allow construction of common driveways to serve adjacent properties,
upon motion received and filed. Ordinance No. 40-00 Amending Appendix A of the City of Dubuque
Code of Ordinances by repealing Section 2, Attachment C-4 of Ordinance 69-98, and enacting a new
Section 2, Attachment C-4 in lieu thereof pertaining to allowing common drives between lots for the
PI Planned Industrial District for Dubuque Industrial Center, with first and second readings given on
April 17, 2000, now presented for final action. Michalski moved final consideration and passage
of the Ordinance. Seconded by Robbins. Motion carried 7-0.
Proof of publication on notice of public hearing to consider a text amendment pertaining to the City
Council's public hearing process for rezonings and text amendments, upon motion received and
filed. Ordinance No. 41-00 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, with first and second readings given on April 17, 2000, 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 and communication of City Manager recommending
the issuance of $3,000,000 General Obligation Bonds for expansion of the Fifth Street Parking
Ramp, upon motion received and filed. Markham moved adoption of Resolution No. 180-00
4
.
e
.
Instituting'proceedings to take additional action for the issuance of not to exceed $3,000,000 General
Obligation Bonds. Seconded by Buol. 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 demolition of the Dolan Building and the City Manager recommending to award contract
for project, upon motion received and filed. Robbins moved adoption of Resolution No. 181-00
Adopting plans and specs for project and Resolution No. 182-00 Awarding contract for project to
Tschiggfrie Excavating, Inc., in the amount of $151 ,640. Seconded by Nicholson. Motion carried
7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
Housing Services Manager David Harris to address Council regarding the Housing Action
Conference, upon motion received and filed. David Harris spoke.
At 7:42 P.M. Council, staff and citizens evacuated the Library due to the smell of smoke.
At 8:05 P.M. Council reconvened their Regular Session.
Dave Rusk requesting to address the Council regarding City sponsorship of a comprehensive
downtown planning process. Mr. Rusk spoke. Upon motion it was resolved to refer to the City
Manager to work with the Long Range Planning Commission and to come back with a
recommendation for City Council action.
Communication of David Tjarks, Executive Director of the Gannon Center, requesting Council
support for its application for grant funds from the State of Iowa to continue the PATH Program
(Projects for Assistance in Transition from Homelessness), upon motion received and filed
communication and resolved to send letter of Council support. John Davis of the Gannon Center
spoke requesting support.
Ordinance No. 42-00 Amending Section 34-52{d) of the City of Dubuque Code of Ordinances
prohibiting the consumption or use of beer in certain City parks to allow the consumption or use of
beer in Gay Park on August 12, 2000, 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 final consideration and passage
of the Ordinance. Seconded by Markham. Motion carried 7-0.
City Manager recommending approval to advertise for the sale of General Obligation Bonds, upon
motion received and filed. Markham moved adoption of Resolution No. 183-00 Directing the
advertisement for sale of $2,750,000 General Obligation Bonds, Series 2000B. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending approval of a new developer for the Iowa Inn/Stout Place Project, upon
motion received and filed. Jean Eide of MetroPlains spoke in favor of this project. Markham moved
adoption of Resolution No. 184-00 Supporting the application of MetroPlains to the Iowa Finance
Authority for housing tax credits. Seconded by Nicholson. Motion carried 7-0.
5
City Manager recommending adoption of the Consolidated Plan for Housing and Community
Development for 2001-2006 as required by HUD, upon motion received and filed. Nicholson moved
adoption of Resolution No. 185-00 Adopting the consolidated plan for 2001 - 2006; authorizing the
Mayor to execute said plan and all necessary certifications; designating the City Manager as thl
authorized Chief Executive Officer for the consolidated plan; and directing that said plan be
submitted to the U.S. Department of Housing and Urban Development. Seconded by Michalski.
Motion carried 7-0.
City Manager submitting documents providing for installation of the Five Flags Center Skate Tile,
upon motion received and filed. Suol moved adoption of: Resolution No. 186-00 Preliminary
approval of plans and specs for project in estimated amount of $50,000; Resolution No. 187-00
Fixing Date of Hearing on plans and specs for June 5, 2000; Resolution No. 188-00 Ordering Bids
and directing Clerk to advertise. Seconded by Michalski. Motion carried 7-0.
City Manager submitting documents providing for the Olympic Heights/U.S. 52/Jackson Street
Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation), upon motion received
and filed. Suol moved adoption of: Resolution No. 189-00 Preliminary approval of plans and specs
for project in estimated amount of $52,887; Resolution No. 190-00 Fixing Date of Hearing on plans
and specs for June 5, 2000 and Resolution No. 191-00 Ordering Bids and directing Clerk to
advertise. Seconded by Markham. Motion carried 7-0.
City Manager submitting documents providing for construction of the Sheridan Road Storm Sewer
Reconstruction Project, upon motion received and filed. Robbins moved adoption of: Resolution
No. 192-00 Preliminary approval of plans and specs for project in estimated amount of $174,667.15,
Resolution No. 193-00 Fixing Date of Hearing on plans and specs for June 5, 2000 and Resolution
No. 194-00 Ordering Sids and directing Clerk to advertise. Seconded by Suo!. Motion carried 7-0.
At 8:51 P.M. upon motion it was resolved to go into Closed Session: Pending Litigation and
Property Acquisition (Iowa Code S21.5(1 )(c)U).
At 9:29 P.M. Council reconvened Regular Session stating that Staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 9:30 P.M.
Jeanne F. Schneider
City Clerk
1 t 5/10
6