05 15 00 Minutes this Meeting
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, May 15, 2000
Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium.
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen, Corporation Counsel Barry A. 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 Rev. Nancy Bickel, of the First Congregational United Church of Christ.
PROCLAMA TlON: Historic Preservation Week (May 14-20, 2000) received by Ken Kringle.
Minutes Submitted: Civil Service Commission of 4/3; Community Development Commission of
4/25; Environmental Stewardship Advisory Commission of 5/2; Historic Preservation Commission
of 4/6 and 4/20; Long Range Planning Advisory Commission of 4/19; Park and Recreation
Commission of 4/12; Zoning Advisory Commission of 4/5; Zoning Board of Adjustment of 4/27;
Library Board of Trustees of 3/23, upon motion received and filed.
Acting Finance Director submitting Financial Report for month ending April 30, 2000. Proof of
e Publication of Council Proceedings for 4/17/00; and List of Claims and Summary of Revenues for
month ending March, 2000, upon motion received and filed.
Quarterly Report of the Convention and Visitors Bureau and the Substance Abuse Services Center,
upon motion received and filed.
Notice of Claims/Suits: Mark Becker in estimated amount of $445.84 for vehicle damage; Dianna
Jean Grob in undetermined amount for various items; Michael Hanson in undetermined amount
for vehicle damages; Gerard Kruse in estimated amount of $1,545.88 for vehicle damages; Chuck
Minnick in estimated amount of $741.68 for motorcycle damages; Allen D. Mohr in estimated
amount of $639.19 for vehicle damages; Craig and Deb Wurdinger in estimated amount of $500
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: Gerard Kruse for vehicle damages,
upon motion received and filed.
Corporation Counsel recommending settlement of the claim of Tom Patterson in the amount of
$519.40 for vehicle damages; and claim of Jimmy and Deb Matheos in the amount of $397 for
a Release and Settlement Agreement, upon motion received and filed and Finance Director to issue
. the proper check.
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Corporation Counsel recommending denial of the vehicle damage claim of Michael A. Nichols,
upon motion received and filed.
Communication of Gary D. Junso, John Morrell & Co., advising that an additional one hundred
employees will be laid off on or about June 9, 2000, upon motion received and filed.
Communication of Terry Ross providing official notification that National Service Company of Iowa
has given a WARN notice to its employees at the Dubuque, Iowa Farmland Foods' plant, upon
motion received and filed.
Communication from Tara Winger regarding the Dubuque Police Department and communication
from Patricia A. Doll, 3035 Arbor Oaks Drive, regarding AT&T Cable Service, upon motion
received and filed.
Communications from the Iowa Department of Economic Development regarding the Community
Economic Betterment Account contracts of FDL Foods, and HBO and Company, upon motion
received and filed.
Letter to Senators Tom Harkin and Charles Grassley and Congressman Jim Nussle in opposition
to expanding the moratorium on the Internet Tax Freedom Act, upon motion received and filed.
Letter to Governor Tom Vilsack in support of Senate File 2453, the Infrastructure Appropriations
Bill, upon motion received and filed.
Communication of Laurie L. Dawley, Shuttleworth & Ingersoll, P.L.C., requesting the vacating of
the west 17 feet of Pine Street, upon motion referred to the City Manager.
Civil Service Commission certifying the Engineering Assistant II eligibility list, upon motion resolved
to make this a matter of record.
City Manager recommending acceptance of the contract for the 1 999 Curb Ramp Installation
Project, upon motion received and filed. Buol moved adoption of Resolution No. 196-00
Accepting improvement for project and Resolution No. 197-00 Approving final estimate in amount
of $60,761.20. Seconded by Michalski. Motion carried 7-0.
City Manager recommending acceptance of the Final Assessment Schedule for the Jackson Street
Reconstruction Project, upon motion received and filed. Buol moved adoption of Resolution No.
198-00 Adopting the final assessment schedule for Jackson Street Reconstruction Project
including certain information required by the Code of Iowa, specifically, the number of annual
installments into which assessments are divided, the interest on all unpaid installments, the time
when the assessments are payable and directing the Clerk to certify the final schedule and to
publish notice thereof. Seconded by Michalski. Motion carried 7-0.
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City Manager recommending approval of a lease agreement with the Iowa Department of
Transportation to allow construction of a parking lot, upon motion received and filed. Buol moved
readoption of Resolution No. 143-00 Approving of Commercial Airspace Lease Agreement with
the Iowa Department of Transportation relating to the construction of a parking lot for automobile
and light truck parking below elevated U.S. 61/151. Seconded by Michalski. Motion carried 7-0.
City Manager recommending acceptance of a Release of Easement for Dubuque Transfer and
Storage adjacent to the North End Neighborhood Bike/Hike Trail, upon motion received and filed.
Buol moved adoption of Resolution No. 199-00 Accepting a Release of Easement for Certain
Property adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street,
in the City of Dubuque, Iowa. Seconded by Michalski. Motion carried 7-0.
Zoning Advisory Commission advising of their approval of the Minor Final Plat of Siegert's Place,
Third Addition, upon motion received and filed. Buol moved adoption of Resolution No. 200-00
Approving the final plat of Siegert's Place, Third Addition, in the City of Dubuque, Iowa.
Seconded by Michalski. Motion carried 7-0.
City Manager recommending that the City sponsor the grant application of the Dubuque County
Historical Society to DMA TS for Phase 2 of the Depot Restoration Project, upon motion received
and filed. Buol moved adoption of Resolution No. 201-00 Providing for an application to DMA TS
for TEA-21 Transportation Enhancement Funds for Phase 2 of the Depot Restoration Project by
Dubuque County Historical Society. Seconded by Michalski. Motion carried 7-0.
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Submittal of the Official Statement for the $2,750,000 General Obligation Bonds to be sold on
May 18, 2000, presented and read. Buol moved that the statement be received and filed.
Seconded by Michalski. Motion carried 7-0.
City Manager recommending the publication of combined notice of no significant impact on the
environment and notice of intent to request release of funds for the HOME Investment Partnership
Program, upon motion received and filed. Buol moved adoption of Resolution No. 202-00
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 the HOME Investment Partnership Program.
Seconded by Michalski. Motion carried 7-0.
City Manager recommending approval of an agreement with the Iowa Department of
Transportation to have Photo Red Light Enforcement equipment installed in Dubuque upon motion
received and filed and approved recommendation.
City Manager recommending approval of an amended Ice Harbor Parking Agreement to allow
development of the River Discovery Center, upon motion received and filed and approved
recommendation.
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City Manager requesting that a work session be scheduled on June 5, 2000 to discuss the design
concepts for 5th, 6th and 7th Streets, upon motion received and filed and approved request.
Buol moved adoption of Resolution No. 203-00 Granting Issuance of a Class "A" Club Beer/Liquo,
License to Dubuque Golf and County Club; Class "C" (Commercial) Beer/Liquor License to Shot
Tower, Silver Dollar, Dempsey's/Molly's Pub, Denny's Lux Club, Kalmes Breaktime Bar and Grill,
Corner Tap; Special Class "C" (BW) Liquor License to Papa Sarducci's, Athenian Grill; and Class
"B" Wine Permit to Beecher Beverage and Resolution No. 204-00 Granting Issuance of a Class "C"
Beer License to Cedar Cross Amoco, Beecher Beverage, McCann's Service, 16th Street
Auto/Truck Plaza, Lein Oriental Food. Seconded by Michalski. Motion carried 7-0.
BOARDS/COMMISSIONS APPOINTMENTS:
Environmental Stewardship Advisory Commission: Upon motion Latricia Lord appointed to the
unexpired term which will expire 10-1-02.
Human Rights Commission - Applicants: Judith H. Giesen, Joseph A. Hopkins. Upon vote Judith
H. Giesen appointed to the unexpired term which will expire 1-1-01 .
Upon motion the rules were suspended to allow anyone present to address the Council if they so
desire.
Proof of publication on notice of public hearing to consider rezoning property located from AG
Agricultural and R-1 Single Family Residential to PUD Planned Unit Development District with a
PO Planned Office District and a PR Planned Residential District designation and Communication,
from Kenneth Thill, 3000 Brunskill Road, Carl and Dianne Engling of 2933 Brunskill Rd., and Chris
J. Davidsaver, Pres. of Oak Meadow Community Assn., objecting to the rezoning, upon motion
received and filed.
Ken Buesing on behalf of Dave Patzer, spoke in support of the rezoning and explaining the
development plans. Planning Director Laura Cartens presented the Staff's report. Kathleen
Perrin, Helen Thill of 3000 Brunskill, Mary Lou Mulgrew, Doug Fischer of 3051 Deerwood, Jim
Stock of 3009 Deerwood Cr., Ken Thill of 3000 Brunskill, Jaime Cutler of 2050 Brunskill and Mike
O'Meara of 2844 Oak Meadow Ct. all spoke in opposition to the proposed development.
An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located at 3030 Brunskill Road from AG Agricultural and R-1 Single
Family Residential to PUD Planned Unit Development District with a PO Planned Office District and
a PR Planned Residential District designation and adopting a Conceptual Development Plan, with
conditions, said Ordinance having been presented and read at the Council Meeting of 4-17-00 now
presented for further action. Michalski moved final consideration and passage of the Ordinance.
Seconded by Nicholson. No vote taken on the motion.
After discussion, Michalski removed her motion for adoption of the Ordinance and then moved
that the public hearing be tabled until 6/5/00 and that Staff work with petitioner on a revised PUD
with a PR Planned Residential District designation. Seconded by Nicholson. Motion carried 7-0.
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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, upon motion received and filed.
a City Manager recommending that the Resolution approving the preliminary plans and specs be
.. rescinded and that the bid be rejected, upon motion received and filed.
Buol moved adoption of Resolution No. 205-00 Rescinding Resolution No. 119-00 preliminary
approval of plans and specifications for expansion of the Third Street Parking Ramp. Seconded
by Robbins. 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 Construction of 2000 Asphalt Paving Project (Fiscal Year 2001), and City
Manager recommending to award contract for project, upon motion received and filed. Robbins
moved adoption of Resolution No. 206-00 Adopting plans and specs for project and Resolution
No. 207-00 Awarding Contract for project to River City Paving in the amount of $325,975.45.
Seconded by Michalski. 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 Construction of the 2000 P.C. Concrete Paving Project _ No.1, and City
Manager recommending to award contract for project, upon motion received and filed. Markham
moved adoption of Resolution No. 208-00 Adopting plans and specs for project and Resolution
No. 209-00 Awarding contract for project to Horsfield Construction in the amount of
$1,015,667.25. Seconded by Nicholson. Motion carried 7-0.
e Upon motion the rules were reinstated limiting discussion to the City Council.
Streetscape Improvements - Main Street from 5th Street to 9th Street, tabled at the meeting of
1-17-00.
Correspondence and petitions from citizens, and property and business owners on Main Street
addressing the issue.
Markham moved to remove this item from the table. Cline seconded. Vote on the motion was:
Ayes--Duggan, Markham, Robbins. Nays--Buol, Cline, Michalski, Nicholson. Motion failed.
Nicholson moved to remove this item from the table for discussion. Seconded by Markham.
Motion carried 7-0.
Nicholson moved to amend the motion on the table to receive and file the communications and
direct staff to hire a consultant to design a concept of what Main Street would look like open to
compare to present renderings of Main Street closed and that there be a worksession with the City
Council and the consultant to discuss the project. Seconded by Michalski. Carried by the
following vote: Yeas--Buol, Cline, Michalski, Nicholson. Nays--Duggan, Markham, Robbins.
City Manager recommending that the speed limit on Pennsylvania Avenue from McPoland Street
to John F. Kennedy Road be raised to 30 miles per hour, upon motion received and filed.
Communication of Joyce R. Kirk, 2960 Pennsylvania, in opposition to increasing the speed limit,
e upon motion received and filed.
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Ordinance No. 43-00 Amending the Code of Ordinances of the City of Dubuque, Iowa by revising
Subsection (Cl of Section 32-231 thereof providing for the establishment of speed limits on
Pennsylvania Avenue, presented and read. Cline moved to amend the proposed Ordinance to
change the speed limit of 25 mph on Pennsylvania Ave. from University Ave. to Hickson St.
(instead of McPoland St.) and 30 mph on Pennsylvania Avenue from Hickson St. to J.F. Kennedy
Rd. Seconded by Michalski. Carried by the following vote: Yeas--Buol, Cline, Markham,
Michalski, Nicholson, Robbins. Nays--Duggan. Michalski moved that the requirement that a
proposed and amended 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. Seconded by
Nicholson. Carried by the following vote: Yeas--Buol, Cline, Markham, Michalski, Nicholson,
Robbins. Nays--Duggan. Michalski moved final consideration and passage of the Ordinance, as
amended. Seconded by Nicholson. Carried by the following vote: Yeas--Buol, Cline, Markham,
Michalski, Nicholson, Robbins. Nays--Duggan.
Communication from William J. Baum, East Central Intergovernmental Association, requesting
appointment of a City representative to the Workforce Investment Board, upon motion Council
Member Nicholson's name will be submitted to the Workforce Investment Board.
City Manager recommending that the July 3, 2000 City Council meeting be rescheduled to
Wednesday, July 5, 2000 due to the Fourth of July holiday, upon motion received and filed and
approved recommendation.
City Manager submitting documents providing for construction of the 2000 PC Concrete Pavin{
Project No.2 (Burden Street and North Burden), upon motion received and filed. Michalski moved
adoption of Resolution No. 210-00 Preliminary approval of plans and specs for project in estimated
amount of $1,216,236.65; Resolution No. 211-00 Fixing date of hearing on plans and specs for
June 19, 2000; Resolution No. 212-00 of Necessity; Resolution No. 213-00 Fixing date of
hearing on Resolution of Necessity; Resolution No. 214-00 Approving preliminary schedule of
assessments. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting documents providing for construction of the 2000 Curb Ramp Installation
project, upon motion received and. filed. Robbins moved adoption of Resolution No. 215-00
Preliminary approval of plans and specs for project in estimated amount of $58,696; Resolution
No. 216-00 Fixing Date of Hearing on plans and specs for June 19, 2000; and Resolution No.
217-00 Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried
7-0.
City Manager recommending an ingress/egress easement to Giese Company and to set a public
hearing on the disposal of the City's interest in the property, upon motion received and filed.
Michalski moved adoption of Resolution No. 218-00 of Intent to dispose of 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 Robbins. Motion carried 7-0.
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Request of John Herrig and Gerald and Judith Siegert to rezone 223 acres of property between
English Mill Road and Highway 20 in conjunction with annexation, upon motion received and filed.
An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
. Ordinances by reclassifying hereinafter described property located at 11 51 5 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, presented and read. Buol moved that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior
to the meeting at which it is to be finally passed be suspended and further moved that a Public
Hearing be held on the proposed Ordinance on the 5th day of June, 2000 at 6:30 P.M. in the
Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of a request from Gerald and Judith Siegert to annex land
east of the Landfill between Highway 20 and English Mill Road and that a public hearing be held
on June 5, 2000, and providing for a Resolution Annexing Certain Property upon motion received
and filed and resolved to set for Public Hearing on 6-5-00 at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Request to rezone property located on East 12th Street from POS Public Open Space District to
MHI Modified Heavy Industrial District, upon motion received and filed. An Ordinance Amending
Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
. hereinafter described property located north of East 12th Street and east of Highway 61/1 51 from
POS Public Open Space to MHI Modified Heavy Industrial District, 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 that a Public Hearing be held on the proposed Ordinance on the 19th day of June, 2000
at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner
prescribed by law. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending that a pUblic hearing be set for June 5, 2000 to consider a lease to
the Dubuque County Historical Society for the America' River Museum, upon motion recllived and
filed. Robbins moved adoption of Resolution No. 219-00 of Intent to dispose of an interest in
real property by lease with the Dubuque County Historical Society. Seconded by Nicholson.
Motion carried 7-0.
Raymond Tayler of 17464 Gondola Dr. spoke regarding urban renewal and T1F districts. Rhodes
J. (Bud) Isenhart spoke questioning the Fifth St. Ramp bidding and contract awarding procedure.
. 1t 5/24
There being no further business, upon motion meeting adjourned at 8:30 P.M.
Jeanne F. Schneider, City Clerk
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City Council, Regular Session, May 15, 2000
Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium.
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl.
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
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. Nancy Bickel, of the First Congregational United Church of Christ.
PROCLAMATION: Historic Preservation Week (May 14-20, 2000) received by Ken Kringle.
Minutes Submitted: Civil Service Commission of 4/3; Community Development Commission of
4/25; Environmental Stewardship Advisory Commission of 5/2; Historic Preservation Commission
of 4/6 and 4/20; Long Range Planning Advisory Commission of 4/19; Park and Recreation
\ / Commission of 4/12; Zoning Advisory Commission of 4/5; Zoning Board of Adjustment of 4/27;
. Library Board of Trustees of 3/23, upon motion received and filed.
Acting Finance Director submitting Financial Report for month ending April 30, 2000. Proof of
.Publication of Council Proceedings for 4/17/00; and List of Claims and Summary of Revenues for
month ending March, 2000, upon motion received and filed.
Quarterly Report of the Convention and Visitors Bureau and the Substance Abuse Services Center,
upon motion received and filed.
Notice of Claims/Suits: Mark Becker in estimated amount of $445.84 for vehicle damage; Dianna
Jean Grob in undetermined amount for various items; Michael Hanson in undetermined amount
-J for vehicle damages; Gerard Kruse in estimated amount of $1,545.88 for vehicle damages; Chuck
Minnick in estimated amount of $741.68 for motorcycle damages; Allen D. Mohr in estimated
amount of $639.19 for vehicle damages; Craig and Deb Wurdinger in estimated amount of $500
for vehicle damages, upon motion referred to the Legal Staff for investigation and report.
J Corporation Counsel advising the following claims have been referred to Public Entity Risk Services
of Iowa, the agent for the Iowa Communities Assurance Pool: Gerard Kruse for vehicle damages,
upon motion received and filed.
Corporation Counsel recommending settlement of the claim of Tom Patterson in the amount of
J $519.40 for vehicle damages; and claim of Jimmy and Deb Matheos in the amount of $397 for
a Release and Settlement Agreement, upon motion received and filed and Finance Director to issue
.he proper check.
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Corporation Counsel recommending denial of the vehicle damage claim of Michael A. Nichols,
\! upon motion received and filed.
~ommunication of Gary D. Junso, John Morrell & Co., advising that an additional one hundred
employees will be laid off on or about June 9, 2000, upon motion received and filed.
~ommunication of Terry Ross providing official notification that National Service Company of Iowa
\ has given a WARN notice to its employees at the Dubuque, Iowa Farmland Foods' plant, upon
motion received and filed.
Communication from Tara Winger regarding the Dubuque Police Department and communication
Vrom Patricia A. Doll, 3035 Arbor Oaks Drive, regarding AT&T Cable Service, upon motion
received and filed.
Communications from the Iowa Department of Economic Development regarding the Community
--jEconomic Betterment Account contracts of FDL Foods, and HBO and Company, upon motion
received and filed.
~etter to Senators Tom Harkin and Charles Grassley and Congressman Jim Nussle in opposition
to expanding the moratorium on the Internet Tax Freedom Act, upon motion received and filed.
t.etter to Governor Tom Vilsack in support of Senate File 2453, the Infrastructure Appropriations
V Bill, upon motion received and filed.
~ommunication of l.aurie L. Dawley, Shuttleworth & Ingersoll, P.L.C., requesting the vacating of
the west 17 feet of Pine Street, upon motion referred to the City Manager.
"civil Service Commission certifying the Engineering Assistant \I eligibility list, upon motion resolved
V to make this a matter of record.
City Manager recommending acceptance of the contract for the 1999 Curb Ramp Installation
;Project, upon motion received and filed. Buol moved adoption of Resolution No. 196-00
V Accepting improvement for project and Resolution No. 197-00 Approving final estimate in amount
of $60,761.20. Seconded by Michalski. Motion carried 7-0.
City Manager recommending acceptance of the Final Assessment Schedule for the Jackson Street
Reconstruction Project, upon motion received and filed. Buol moved adoption of Resolution No.
. ;198-00 Adopting the final assessment schedule for Jackson Street Reconstruction Project
V including certain information required by the Code of Iowa, specifically, the number of annual
installments into which assessments are divided, the interest on all unpaid installments, the time
when the assessments are payable and directing the Clerk to certify the final schedule and to
publish notice thereof. Seconded by Michalski. Motion carried 7-0.
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City Manager recommending approval of a lease agreement with the Iowa Department of
Transportation to allow construction of a parking lot, upon motion received and filed. Buol moved
readoption of Resolution No. 143-00 Approving of Commercial Airspace Lease Agreement with
. }he Iowa Department of Transportation relating to the construction of a parking lot for automobile
' I and light truck parking below elevated U.S. 61/1 51. Seconded by Michalski. Motion carried 7-0.
City Manager recommending acceptance of a Release of Easement for Dubuque Transfer and
Storage adjacent to the North End Neighborhood Bike/Hike Trail, upon motion received and filed.
, ;Suol moved adoption of Resolution No. 199-00 Accepting a Release of Easement for Certain
V Property adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street,
in the City of Dubuque, Iowa. Seconded by Michalski. Motion carried 7-0.
Zoning Advisory Commission advising of their approval of the Minor Final Plat of Siegert's Place,
jThird Addition, upon motion received and filed. Buol moved adoption of Resolution No. 200-00
Approving the final plat of Siegert's Place, Third Addition, in the City of Dubuque, Iowa.
Seconded by Michalski. Motion carried 7-0.
City Manager recommending that the City sponsor the grant application of the DUbuque County
(Historical Society to DMATS for Phase 2 of the Depot Restoration Project, upon motion received
V and filed. Buol moved adoption of Resolution No. 201-00 Providing for an application to DMA TS
for TEA-21 Transportation Enhancement Funds for Phase 2 of the Depot Restoration Project by
Dubuque County Historical Society. Seconded by Michalski. Motion carried 7-0.
· S"bm;n,1 of th, Offlcl,l S''''moot "" 'h. '2,750,000 Goo". Obll,,,I,, Boo', to b. <old "
JMay 18, 2000, presented and read. Buol moved that the statement be received and filed.
Seconded by Michalski. Motion carried 7-0.
City Manager recommending the publication of combined notice of no significant impact on the
environment and notice of intent to request release of funds for the HOME Investment Partnership
~ Program, upon motion received and filed. Buol moved adoption of Resolution No. 202-00
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 the HOME Investment Partnership Program.
Seconded by Michalski. Motion carried 7-0.
City Manager recommending approval of an agreement with the Iowa Department of
VTransportation to have Photo Red Light Enforcement equipment installed in DUbuque upon motion
received and filed and approved recommendation.
,.,city Manager recommending approval of an amended Ice Harbor Parking Agreement to allow
V development of the River Discovery Center, upon motion received and filed and approved
recommendation.
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City Manager requesting that a work session be scheduled on June 5, 2000 to discuss the design
concepts for 5th, 6th and 7th Streets, upon motion received and filed and approved request.
Buol moved adoption of Resolution No. 203-00 Granting Issuance of a Class "A" Club Beer/Liquo.
License to Dubuque Golf and County Club; Class "C" (Commercial) Beer/Liquor License to Shot
Tower, Silver Dollar, Dempsey's/Molly's Pub, Denny's Lux Club, Kalmes Breaktime Bar and Grill,
Corner Tap; Special Class "C" (BW) Liquor License to Papa Sarducci's, Athenian Grill; and Class
"B" Wine Permit to Beecher Beverage and Resolution No. 204-00 Granting Issuance of a Class "C"
Beer License to Cedar Cross Amoco, Beecher Beverage, McCann's Service, 16th Street
AutolTruck Plaza, Lein Oriental Food. Seconded by Michalski. Motion carried 7-0.
BOARDS/COMMISSIONS APPOINTMENTS:
Environmental Stewardship Advisory Commission: Upon motion Latricia Lord appointed to the
unexpired term which will expire 10-1-02.
Human Rights Commission - Applicants: Judith H. Giesen, Joseph A. Hopkins. Upon vote Judith
H. Giesen appointed to the unexpired term which will expire 1-1-01.
Upon motion the rules were suspended to allow anyone present to address the Council if they so
desire.
Proof of publication on notice of public hearing to consider rezoning property located from AG
Agricultural and R-1 Single Family Residential to PUD Planned Unit Development District with a
PO Planned Office District and a PR Planned Residential District designation and Communication:
from Kenneth Thill, 3000 Brunskill Road, Carl and Dianne Engling of 2933 Brunskill Rd., and Chris
J. Davidsaver, Pres. of Oak Meadow Community Assn., objecting to the rezoning, upon motion
received and filed.
Ken Buesing on behalf of Dave Patzer, spoke in support of the rezoning and explaining the
development plans. Planning Director Laura Cartens presented the Staff's report. Kathleen
Perrin, Helen Thill of 3000 Brunskill, Mary Lou Mulgrew, Doug Fischer of 3051 Deerwood, Jim
Stock of 3009 Deerwood Cr., Ken Thill of 3000 Brunskill, Jaime Cutler of 2050 Brunskill and Mike
O'Meara of 2844 Oak Meadow Ct. all spoke in opposition to the proposed development.
An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located at 3030 Brunskill Road from AG Agricultural and R-1 Single
Family Residential to PUD Planned Unit Development District with a PO Planned Office District and
a PR Planned Residential District designation and adopting a Conceptual Development Plan, with
conditions, said Ordinance having been presented and read at the Council Meeting of 4-17-00 now
presented for further action. Michalski moved final consideration and passage of the Ordinance.
Seconded by Nicholson. No vote taken on the motion.
After discussion, Michalski removed her motion for adoption of the Ordinance and then moved
that the public hearing be tabled until 6/5/00 and that Staff work with petitioner on a revised PUD
with a PR Planned Residential District designation. Seconded by Nicholson. Motion carried 7-0.
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e
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, upon motion received and filed.
City Manager recommending that the Resolution approving the preliminary plans and specs be
rescinded and that the bid be rejected, upon motion received and filed.
Buol moved adoption of Resolution No. 205-00 Rescinding Resolution No. 119-00 preliminary
approval of plans and specifications for expansion of the Third Street Parking Ramp. Seconded
by Robbins. 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 Construction of 2000 Asphalt Paving Project (Fiscal Year 2001 l, and City
Manager recommending to award contract for project, upon motion received and filed. Robbins
moved adoption of Resolution No. 206-00 Adopting plans and specs for project and Resolution
No. 207-00 Awarding Contract for project to River City Paving in the amount of $325,975.45.
Seconded by Michalski. 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 Construction of the 2000 P.C. Concrete Paving Project - No.1, and City
Manager recommending to award contract for project, upon motion received and filed. Markham
moved adoption of Resolution No. 208-00 Adopting plans and specs for project and Resolution
No. 209-00 Awarding contract for project to Horsfield Construction in the amount of
$1,015,667.25. Seconded by Nicholson. Motion carried 7-0.
e Upon motion the rules were reinstated limiting discussion to the City Council.
Streetscape Improvements - Main Street from 5th Street to 9th Street, tabled at the meeting of
1-17-00.
Correspondence and petitions from citizens, and property and business owners on Main Street
addressing the issue.
Markham moved to remove this item from the table. Cline seconded. Vote on the motion was:
Ayes--Duggan, Markham, Robbins. Nays--Buol, Cline, Michalski, Nicholson. Motion failed.
Nicholson moved to remove this item from the table for discussion. Seconded by Markham.
Motion carried 7-0.
Nicholson moved to amend the motion on the table to receive and file the communications and
direct staff to hire a consultant to design a concept of what Main Street would look like open to
compare to present renderings of Main Street closed and that there be a worksession with the City
Council and the consultant to discuss the project. Seconded by Michalski. Carried by the
following vote: Yeas--Buol, Cline, Michalski, Nicholson. Nays--Duggan, Markham, Robbins.
City Manager recommending that the speed limit on Pennsylvania Avenue from McPoland Street
to John F. Kennedy Road be raised to 30 miles per hour, upon motion received and filed.
Communication of Joyce R. Kirk, 2960 Pennsylvania, in opposition to increasing the speed limit,
e upon motion received and filed.
5
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Ordinance No. 43-00 Amending the Code of Ordinances of the City of Dubuque, Iowa by revising
Subsection (Cl of Section 32-231 thereof providing for the establishment of speed limits on
Pennsylvania Avenue, presented and read. Cline moved to amend the proposed Ordinance tC'
change the speed limit of 25 mph on Pennsylvania Ave. from University Ave. to Hickson St.
(instead of McPoland St.) and 30 mph on Pennsylvania Avenue from Hickson St. to J.F. Kennedy
j Rd. Seconded by Michalski. Carried by the following vote: Yeas--Buol, Cline, Markham,
\ Michalski, Nicholson, Robbins. Nays--Duggan. Michalski moved that the requirement that a
proposed and amended 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. Seconded by
Nicholson. Carried by the following vote: Yeas--Buol, Cline, Markham, Michalski, Nicholson,
Robbins. Nays--Duggan. Michalski moved final consideration and passage of the Ordinance, as
amended. Seconded by Nicholson. Carried by the following vote: YeasnBuol, Cline, Markham,
Michalski, Nicholson, Robbins. Nays--Duggan.
I Communication from William J. Baum, East Central Intergovernmental Association, requesting
appointment of a City representative to the Workforce Investment Board, upon motion Council
Member Nicholson's name will be submitted to the Workforce Investment Board.
City Manager recommending that the July 3, 2000 City Council meeting be rescheduled to
j Wednesday, July 5, 2000 due to the Fourth of July holiday, upon motion received and filed and
approved recommendation.
City Manager submitting documents providing for construction of the 2000 PC Concrete Pavint
Project No.2 (Burden Street and North Burden). upon motion received and filed. Michalski moved
J adoption of Resolution No. 210-00 Preliminary approval of plans and specs for project in estimated
amount of $1,216,236.65; Resolution No. 211-00 Fixing date of hearing on plans and specs for
June 19, 2000; Resolution No. 212-00 of Necessity; Resolution No. 213-00 Fixing date of
hearing on Resolution of Necessity; Resolution No. 214-00 Approving preliminary schedule of
assessments. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting documents providing for construction of the 2000 Curb Ramp Installation
project, upon motion received and filed. Robbins moved adoption of Resolution No. 215-00
J Preliminary approval of plans and specs for project in estimated amount of $58,696; Resolution
No. 216-00 Fixing Date of Hearing on plans and specs for June 19, 2000; and Resolution No.
217-00 Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried
7-0.
City Manager recommending an ingress/egress easement to Giese Company and to set a public
hearing on the disposal of the City's interest in the property, upon motion received and filed.
J Michalski moved adoption of Resolution No. 218-00 of Intent to dispose of 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, IOWe
Seconded by Robbins. Motion carried 7-0.
6
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Request of John Herrig and Gerald and Judith Siegert to rezone 223 acres of property between
English Mill Road and Highway 20 in conjunction with annexation, upon motion received and filed.
An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
. Ordinances by reclassifying hereinafter described property located at 11 515 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, presented and read. Buol moved that the requirement
! that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior
. to the meeting at which it is to be finally passed be suspended and further moved that a Public
Hearing be held on the proposed Ordinance on the 5th day of June, 2000 at 6:30 P.M. in the
Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of a request from Gerald and Judith Siegert to annex land
I east of the Landfill between Highway 20 and English Mill Road and that a public hearing be held
V on June 5, 2000, and providing for a Resolution Annexing Certain Property upon motion received
and filed and resolved to set for Public Hearing on 6-5-00 at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Request to rezone property located on East 12th Street from POS Public Open Space District to
MHI Modified Heavy Industrial District, upon motion received and filed. An Ordinance Amending
Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
. hereinafter described property located north of East 12th Street and east of Highway 611151 from
POS Public Open Space to MHI Modified Heavy Industrial District, 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 that a Public Hearing be held on the proposed Ordinance on the 19th day of June, 2000
at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publiSh notice in the manner
prescribed by law. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending that a public hearing be set for June 5, 2000 to consider a lease to
the Dubuque County Historical Society for the America' River Museum, upon motion re~eiyed and
filed. Robbins moved adoption of Resolution No. 219-00 of Intent to dispose of an interest in
real property by lease with the Dubuque County Historical Society. Seconded by Nicholson.
Motion carried 7-0.
Raymond Tayler of 17464 Gondola Dr. spOke regarding urban renewal and T1F districts. Rhodes
J. (Bud) Isenhart spoke questioning the Fifth St. Ramp bidding and contract awarding procedure.
There being no further business, upon motion meeting adjourned t 8:30 P.M.
Jeanne F. Schneider, City Clerk
7
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HElD ON MONDAY, MAY 15, 2000, AT 6:30 P.M., IN THE
LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY PROPERL V
COME BEFORE THE COUNCIL.
Terrance M. Duggan
MAYOR
4/17/00