09 05 00 Skeleton Sheet
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CITY COUNCIL REGULAR SESSION, SEPTEMBER 5, 2000
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
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PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, MA~KHAM,
MICHALS,~'I, NICHO~ON, ROBylNS / .
CITY M;NAGER MICHAEL )fAN MILLlGEN, CORPORATION COUNSE~AR~Y 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 Robert Weinhold, St. Paul Lutheran Church
Mayor to swear in Mayor Pro-Tern John Markham
PROCLAMA TIONS
Supporting the Dragon Boat Festival -- Received by -... J{j <"L ~j;~t~//
, . ,/"/'7 " L...-,'/
/, ! .' /
Assisted Living Week -- Received by c'v:'i::'a4--c/(:/"j~c?~4..r.d?A-/'
Awareness Day for A-T -- Received by ,~;;~ ikm ~
~~Y'd ~;?~
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CONSENT ITEMS ;('
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Minutes Submitted
Electrical Code Board of 8/14; Five Flags Commission of 7/24 and 8/21; Human
Rights Commission of 7/1 0; Library Board of Trustees of 7/27; Long Range
Planning Advisory Commission - Downtown Planning Committee of 8/14; Plumbing
Board of 8/22; Zoning Board of Adjustment of 7/27
Proof of Publication of Council Proceedings for Meetings of July 31, August 7, 14,
and 17; List of Claims and Summary of Revenues for Month Ending June, 2000.
Investment Oversight Commission submitting the 29th Quarterly Report, and the
Civic Center Commission's Fiscal Year 2000 Year-End Report.
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Patrick A. Konsen in estimated amount of $800 for vehicle damage and Diane
Wertz in estimated amount of $1,045.07 for vehicle damage.
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:
Mary Harkey for reimbursement of medical expenses, and Beth A. Miller for sewer
backup damage.
Corporation Counsel recommending denial of the vehicle damage claim of David G.
Hennessy, the vehicle damage claim of Donald Kohl, and the vehicle damage claim
of Tracy Ploessl.
Corporation Counsel advising that the claim of Richard S. Hillard for vehicle damage
has been forwarded to the Dubuque Jaycees for handling.
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending settlement of the truck damage claim of Greg
Swartz in the amount of $100.27 and directing the Finance Director to issue
payment.
Suggested Disposition: Receive and File; Approve Settlement
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3.
Dock Division Manager
ORDINANCE t::Y:' t9~ Amending the City of Dubuque Code of Ordinances by
changing the reference in Sections 10-23, 10-24, and 10-38 from "Dock Division
Manager" to "City Manager".
Suggested Disposition: Motion A - Final Adoption (1 st and 2nd Readings on 8/7/00
and 8/21/00)
4. Iowa Department of Economic Development
Communications from the Iowa Department of Economic Development regarding
the City's Local Housing Assistance Program Applications #01-LHAP-002 and #01-
LHAP-003.
Suggested Disposition: Receive and File
5. Worker Adjustment and Retraining Notification Act (WARN)
Notice of Warn Act from The Sinsinawa Dominicans stating that the services
provided at St. Dominic Villa in Dubuque are being transferred to a new facility at
the Mother House in Wisconsin.
Suggested Disposition: Receive and File
/Ayes Nays
/ ;1 Robbins
lY Buol
./ Cline
/ Duggan
/ Markham
/ Michalski
/ 3 Nicholson
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6.
Usage Agreement with the Dubuque Fighting Saints
City Manager recommending approval of the Five Flags usage agreement with the
Dubuque Fighting Saints for the upcoming season.
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Suggested Disposition: Receive and File; Approve Agreement
7.
Recreation Infrastructure Grant Application
City Manager recommending support of a grant application that the Dubuque Girls
Independent League will be submitting to the Iowa Department of Natural
Resources (IDNR) for Recreation Infrastructure funding for the Riprow Valley
Recreational Area.
RESOLUTION '/'/6~tfl~ Supporting a grant application for Iowa Department of
Natural Resources Recreation Infrastructure Funds for the Riprow Valley
Recreational Area
Suggested Disposition: Receive and File; Adopt Resolution
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Ayes Nays
Robbins
Buol
Cline
Duggan
Markham
Michalski
Nicholson
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8.
Dubuque Industrial Center West - Acceptance
City Manager recommending acceptance of Dubuque Industrial Center West
Grading, Paving and Utilities Phase I Project as completed by McAninch
Construction Company in the final amount of $5,622,265.19.
RESOLUTION 7'/-;"" tY-tJ Accepting improvement for project
RESOLUTION .y/? - ~tJ Approving final estimate in amount of
$5,662,265.19.
Suggested Disposition: Receive and File; Adopt Resolutions
9. Fifth Street Reconstruction Project
City Manager recommending to award the contract for the Fifth Street
Reconstruction Project to Portzen Construction in the amount of $194,853.15.
RESOLUTION ~/9'~d':.cl Awarding contract to Portzen Construction in the
amount of $194,853.15.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Robbins
Suol
Cline
Duggan
Markham
Michalski
Nicholson
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10. Dubuque Girls Independent League
City Manager submitting letter of support for the Dubuque Girls Independent
League and their Riprow Valley Recreation Area development project.
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Suggested Dispositin: Receive and File; Approve Letter of Support
11 . Communication with Iowa Congressional Delegation
City Manager recommending City sponsorship of communcations to the Iowa
Congressional delegation in support of legislation to assist Section 8 households at
risk of loss of housing due to expiration of existing project-based HUD contracts.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Robbins
Buol
Cline
Duggan
Markham
Michalski
Nicholson
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12. Liquor License Transfer
Request of Phillip Love to transfer The Lounge liquor license, LC13969, to Miller
Riverview Park for the Dragon Boat races on September 9, 2000.
Suggested Disposition: Receive and File; Approve Request
13. Cigarette License Refund
Sharon A. Eickhorn, Oky Doky #5, requesting a refund of Cigarette License #00
4511, in the amount of $75.00
Suggested Disposition: Receive and File; Approve
Ayes Nays
Robbins
Buol
Cline
Duggan
Markham
Michalski
Nicholson
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14. Business licenses
RESOLUTION 7"'~' tf-t/ Granting issuance of a permit to sell Cigarettes and
. Cigarette Papers to Midway Hotel/Hoffman House
RESOLUTION .:'/;;?7' ~ ~ Granting issuance of Class "C" Beer Permit to Rainbo
Oil Company (Kwik Stop at 2255 Kerper Blvd)
RESOLUTION CYC??;P- (10 Granting issuance of Class "C" Beer/Liquor Permit to
Lucky 13 Tap aRB MuiR ~trut Caboose
Suggested Disposition: Adopt Resolutions
Ayes Nays
Robbins
Buol
Cline
Duggan
Markham
Michalski
Nicholson
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BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the
following Boards/Commissions: frr/
Zoning Board of Adjustment: Frederick R. Beeler, Fred Freebol~Pt',/ ~ . JJ.~'-. _." .' . .
);J~ ,a .~~ ,/;JO
Appointmen .to. the following Boards/Commissions: .'0 ~' _ ':.cd:A~
ommlsslon: l
R. J. Blocker
-.""()
/-
eman
Nancy Ann Helling
TV Cable Teleprogramming Commission: Jennifer Tigges
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AY(j Nays
/ Robbins
/ . Buol
/ Cline
/ Duggan
/' Markham
./ (j) Michalski
/ Nicholson
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PUBLIC HEARINGS
Motion to Suspend the Rules
1.
JY~. Nays
'/ ::;I) Robbins
:; Buol
/ Cline j#
/ Duggan
/ Markham ti?I.. .' !.~ .
/ 0 Michalski ~
/ N_iCh~A ~/ f):J}
Conceptual Development Plan - Menard Inc. / -::r--/~ ~
Proof of publication on notice of hearing to consider re ning property on U.S.
Highway 20 from C-3 General Commercial and CS Commercial Service and
Wholesale District to PUD Planned Unit Development District with a PC Planned
Commercial designation to allow for development of a new Menard's Store.
ORDINANCE X Amending Appendix A (The Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located along U.S. Highway 20 west of Wests ide Court from C-3 General
Commercial District and CS Commercial Service and Wholesale District to PUD
Planned Unit Development District with a PC Planned Commercial District
designation and adopting a Conceptual Development Plan, with conditions, for
Menard, Inc. f'(7l
Suggested Disposition: Receive and File; Motion B; Motion A L ,} 'I (/
. Ayes Nays i/
/ Robbins
/ fjBUOI
/ . Y;;))Cline
/ -~ Duggan
/ Markham
/ Michalski
/ Nicholson
Ayes Nays
Robbins
Buol
Cline
Duggan
Markham
Michalski
Nicholson
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2.
Salina Street Reconstruction Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Salina Street Reconstruction Project.
RESOLUTION X Adopting plans and specifications for project
RESOLUTION ,X' With respect to the adoption of the Resoll4tion of
Necessity proposed for the Salina Street Reconstruction Project.
Suggested Disposition: Receive and File; Adopt Resolutions
/
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<l(j!/ AY~ Nays
f... i (f) Robbins I
rJ /1;1 i . Buol ;<J b J~~fiJr 10
j \' /i~J Cline ~ /}J
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3.
Eagle Point Water Plant - Chlorine Feed Room Expansion Project
Proofs of publication on notice of hearing on plans and specs and notice to bidders
on the receipt of bids for the Eagle Point Water Plant Chlorine Feed Room
Expansion Project.
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City Manager recommending that the Resolution approving the preliminary plans
and specs be rescinded and that the bids be rejected.
RESOLUTION j/C}5--c9'tJ Rescinding Resolution No. 375-00 Preliminary approval
of plans and specifications for construction of the Chlorine Feed Room at the Eagle
Point Water Plant
Suggested Disposition: Receive and File; Adopt Resolution
1/0
Ayes Nays
t( Cr) Robbins
/ - Buol
/ /:::J Cline
/ (;7 Duggan
/ Markham
'/' Michalski
Nicholson
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4.
Bennett Street Storm Sewer Extension Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for construction of the Bennett Street Storm Sewer
Extension Project and City Manager recommending to award contract for project.
RESOLUTION L/;) .y'.tf-t1 Adopting plans and specifications for project.
RESOLUTION yc:?,;::.)',c::Y1J Awarding contract for project to Royal Oaks
Excavating in the amount of $26,557.65.
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Suggested Disposition: Receive and File; Adopt Resolutions
~/ Ayes Nays
1/0 (l) Robbins
/ Buol
/ Cline
/ Duggan
/' @ Markham
/
Michalski
/ Nicholson
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5.
Discovery Center Parking Lot Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Mississippi River Discovery Center Parking Lot
Pavement Removal Project and City Manager recommending to award contract for
project.
RESOLUTION {/c?t: -#() Adopting plans and specifications for project
RESOLUTION "Y'c? ?~-t1 Awarding contract for project to McDermott
Excavating in the amount of $12,746.25.
Suggested Disposition: Receive and File; Adopt Resolutions
. /Ayes Nays
/) /() 1.-- Robbins
./ Buol
/ / Cline
/ & Duggan
/ Markham
../ Michalski
. / ~Nicholson
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REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
1/0
/' Ayes
/ (}
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Nays
Robbins
Buol
Cline
Duggan
/J) Markham
(;Y Michalski
Nicholson
/'
ACTION ITEMS
1 . Iowa Department of Transportation
Communication from the Iowa Department of Transportation clarifying their request
for a development moratorium in the Southwest Arterial Corridor.
Communication from City Manager to the Iowa Department of Transportation
asking for clarification of their request for a development moratorium.
Communication from the Iowa Department of Transportation requesting a J)
development moratorium. , %~ )
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Suggested Disposition: Receive and File; Council Oirectien I')
, . ~ .f~JlJI'
. A)/es Nays
r/ Robbin,
Buol 'i j :J(t
AI;}). Cline' 1 ~}
J Pd/ . Duggan ~ /1./ -
/. Markham J Ilft.Y-
. '[!J Michalski .1''/' . J ~~ j L j/- ~
/ Nicholson I' ~ !J
Ayes Nays ~ It{
ROb~in~R r
Buol
Clin
Duggan
Markham
Michalski
Nicholson
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2.
Consulting Contract for Conceptual Design of Main Street
City Manager recommending that the City enter into an agreement with Durrant
Group for preparation of a Conceptual Design of Main Street.
Suggested Disposition: Receive and File; Council Direction
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,fktJf ,1 4 pi .J ~ Ayes Nays
tfv ~ ~)f 1 j I; j}J / I'):~~~ins
,~ '/IV In .)1 j?IJ} Cline
A?)1; /~ J l!iOj j(I~1J1)}J ~~;~~;~
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. ,AjJ,/j If' r0IAJ. Jf;ll' Nicholson
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fl1 /1 () 01'" "Pf/' jJJ Ayes Nays
I I U C/ J ) "if-'"I'f) Robbins
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f1 VI) fJ . If Duggan
tJI"'j/J ( M~rkha~
~AJJ Michalski
j/"'Y" Nicholson
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3.
Long Range Planning Commission
ORDINANCE &" f'J{9tJ Amending the City of Dubuque Code of Ordinances
Section 36-4 Long Range Planning Advisory Commission Created; Composition, by
suspending the membership on the Commission of a member of the Zoning
Advisory Commission until September 1, 2001
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Suggested Disposition: Motion A - Final Consideration (First and Second Readings
on August 7 and August 21, 2000)
Ayes Nays
J Robbi,
Buol
Cline /
{/ Duggan
c/ Markham
(i J Michalski /
/ ~Nicholson
4.
()J
Board of Health Dissolution
ORDINANCE -;/ c7 ---c9C Amending the City of Dubuque Code of Ordinances by
Repealing Sec. 23-1 Providing for a Board of Health; by Repealing Sec.. 23-3
Providing for the Conduct of Appeal by the Board of Health; by amendi~g Sec. 7-75
and 7-81 relating to Dangerous Animals.
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Suggested Disposition: Motion A - Fin,1 Consideration (First and Second Readings
on August 7 an;;;;;r .
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5.
Proposed Ordinance - Increasing Fines for Code Violations
City Solicitor William G. Blum submitting an ordinance amending the Code of
Ordinances by increasing the fine for a Code of Ordinance violation.
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ORDINANCE 7/ - (9-t? Amending the City of Dubuque Code of Ordinances
Section 1-8 "General Penalty" by increasing the fine for a Code of Ordinance
violation to a sum not to exceed five hundred dollars ($500)
Suggested Disposition: Receive and File; Motion B; Motion A
1,0
Ayes
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Nays
Robbins
@BUOI
. Cline
Duggan
Markham
(!J Michalski
Nicholson
6. Stop Sign - James Street
City Manager recommending the addition of a stop sign on James Street at
Langworthy Street.
ORDINANCE ~Y2 -#tJ Amending the Code of Ordinances of the City of
Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing
for the addition of a stop sign on James Street at Langworthy Street.
Suggested Disposition: Receive and File; Motion B; Motion A
t/{)
Ayes Nays
i/ Robbins
,,/ Buol
./ Cline
./ Duggan
/j (j), t Markham
/ {;j Michalski
Nicholson -
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7.
Right-ot-Way Encroachment - Projecting Sign at 1169-1179 Iowa Stre~t
City Manager recommending approval of a request from Jojanaro Investments to
install a projecting sign at 1168-11 79 Iowa Street.
ORDINANCE /':3 - (9-0 Authorizing Jojanaro Investments to construct a
projecting sign at 1169-1179 Iowa Street
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Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
/ Robbins
/) 10 / (j) Buol
'/ Cline
/ / Duggan
/ @ Markham
/
. Michalski
/ Nicholson
8.
Right-ot-Way Encroachment - Projecting Sign at 1824 Central Avenue
City Manager recommending approval of a request from Pfohl Investment to install
a projecting sign at 1824 Central Avenue
ORDINANCE 7r'-t:fJ;tJ Authorizing Pfohl Investment to construct a projecting
sign at 1824 Central Avenue
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Suggested Disposition: Receive and File; Motion B; Motion A
/}/o
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Ay~ Nays
[/' l~ Robbins
// Buol
Cline
/ Duggan
~/ & Markham
/ Michalski
/ Nicholson
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9.
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Neighborhood Grant Process
City Manager recommending approval of a revised Neighborhood Grant Program.
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Suggested Disposition: Receive and File; Approve
Historic Preservation Initiatives
Communication from the Historic Preservation Commission submitting prOJ!jPsed .
historic preservation incentives for review and evaluation. ., . .;J
Suggested Disposition: Receive and File; Council Direction /iJ t
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Robbins
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Ayes Nays
~ Robbins
:/ @) Buol
Cline
/ Duggan
/ Markham
/ (j) Michalski
/ Nicholson
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11 . Operation: New View Representative
City Council appointment of Council Member Patricia Cline as the City's
representative on the Operation: New View Board (currently Council Member
. Nicholson). '
Suggested Disposition: Council Appointment
1/0
Ayes Nays
v: ~J Robbins
./,' l}I Buol
~ Cline
, Duggan
// (!) Markham
Michalski
/ Nicholson
COUNCIL MEMBER REPORTS
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ITEMS TO BE SET FOR PUBLIC HEARING
1.
Five Flags Center Lavatory Stations Replacement Project
City Manager submitting documents providing for initiation of the Five Flags Center
Lavatory Stations Replacement Project.
RESOLUTION L';/C)g ~ t!tJ Preliminary approval of plans and specifications in
estimated amount of $45,500.
RESOLUTION //cfl7~ #tJ Fixing date of hearing on plans and specifications for
October 2, 2000
RESOLUTION ~:3c:J -;111 Ordering bids and directing Clerk to advertise
.
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10/2/00
b/IJ
Nays
Robbins
Buol
Cline
Duggan
~ Markham
/ Michalski
./ @ Nicholson
/Ayes
/ ()
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2.
Villa Street Retaining Wall Reconstruction
City Manager submitting documents providing for the Villa Street Retaining Wall
Reconstruction Project.
RESOLUTION ~:3'/ ~~ Preliminary approval of plans and specifications in
estimated amount of $104,500,
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RESOLUTION /;/:3/ - #11
September 18, 2000.
RESOLUTION 1/5?3-tfJ-tJ
Fixing date of hearing on plans and specifications for
Ordering bids and directing Clerk to advertise
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/18/00
Ayes Nays
/' Robbins
/ gBuol '.
/ . Cline
/}/O / Duggan
../ Markham
/ (?) Michalski
/ Nicholson
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3.
2000 Sidewalk Assessment - Center Grove/Cedar Cross Road/Emassy West Drive
City Manager submitting documents providing for construction of the 2000
Sidewalk Assessment (Center Grove/Cedar Cross Road/Embassy Wes~ Drive)
Project. ·
RESOLUTION L?;3L/ -/lO Preliminary approval of plans and specifications in
estimated amount of $300,509.81
RESOLUTION ~:3'5 -c:JO Fixing date of hearing on plans and specifications for
October 2, 2000
RESOLUTION L'/':36" d'O p-rFl!lil "il Ial=y appl t:I . jf of Resolution of Necessity
.
RESOLUTION 4;/37, t:PtJ Approval of preliminary estimated assessments for
project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10/2/00
Ayes Nays
V Robbins
. ./ (iJ Buol
// Cline
/ Duggan
/ Markham ..
./ Michalski
./ (1J Nicholson
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4.
Police Department Block Grant Funds for Calendar Year 1999 '..
City Manager recommending that a public hearing be scheduled for September 18,
2000, to consider the expenditure of Police Department 1999 Block Grant Funds,
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Suggested Disposition: Receive and File; Set Public Hearing for 9/18/0'0
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Ayes Nays
/ Robbins
; @~~~~
/' Duggan
/ Markham
/ . t) Michalski
/ Nicholson
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5.
Bond Sale to Support Third Street Parking Ramp and Airport T -Hangars
City Manager recommending that a public hearing be set for September 18, 2000
to consider the sale of General Obligation Bonds to support construction of the
Third Street Parking Ramp ($5,600,000) and Airport T-Hangars ($69(};000).
RESOLUTION C:;/..:3P-cJt/ Fixing date for a meeting on the proposition of the
issuance of not to exceed $690,000 General Obligation Bonds (for an Essential
Corporate Purpose) of Dubuque, Iowa, and providing for publication of notice
thereof. '
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RESOLUTION /''/39-'t7'tJ Fixing date for a meeting on the proposition of the
issuance of not to exceed $5,600,000 General Obligation Bonds (for an Essential
Corporate Purpose) of Dubuque, Iowa, and providing for publication of 'notice
thereof. .
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/18/00
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1/{)
~yes Nays
:;; Robbins
(t) Buol
~ Cline
Duggan
/ Markham
/ Michalski
./ (3 Nicholson
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Fiscal Year 2001 Budget Amendment ,
City Manager recommending that a public hearing be set for September 18, 2000
to consider an amendment to the Fiscal Year 2001 Budget. ".
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RESOLUTION 7"'f"C<c1t'Oirecting the City Clerk to publish proposed ~mendment
to the Fiscal Year 2000 budget and date of public hearing.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hea'~ing 9/18/00
1/{)
/,Ayes Nays
. Robbins
~BUOI
Cline
Duggan
Markham
(j) Michalski
Nicholson
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PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on m~tters which
are of concern to that person and which are not an agenda item. Please take your place
at the microphone and state your name and address clearly. Proceed with your
comments; however, no formal or official action may be taken at this time on your
comments because of the notice requirements of the Iowa Open Meetings Lax".
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Motion to go into closed session ,8'.':59
Ayes
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Nays
Robbins
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Pending Litigation and Property Acquisition (Iowa Code ~ 21. 5( 1 )(c)(j)
Council reconvened at
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Motion to adjourn
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"r' - ~l ~
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Ayes Nays
Robbins
Buol
Cline
Duggan
Markham
Michalski
Nicholson
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CITY OF DUBUQUE, IOWA
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COUNCIL PROCEEDINGS
OFFICIAL
. City Council, Regular Session, September 5, 2000
Council met in Regular Session at 6:30 P.M. in the 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.
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The invocation was given by Rev. Robert Weinhold, Pastor of St. Paul Lutheran Church.
Mayor Duggan swore in Mayor Pro-Tem John Markham.
PROCLAMATIONS: Supporting the Dragon Boat Festival (September 8, 9, 10, 2000) received
by Sue Hamilton, President of the Dubuque Dragon Boat Assn.; Assisted Living Week
(September 10 - 16, 2000) received by Diane Brondyke, Manager of Sunset Park Place, and
Awareness Day for A-T (September 16, 2000) received by Tony and Linda Harvey.
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Minutes Submitted: Electrical Code Board of 8114; Five Flags Commission of 7/24 and 8/21;
Human Rights Commission of 711 0; Library Board of Trustees of 7/27; Long Range Planning
Advisory Commission - Downtown Planning Committee of 8/14; Plumbing Board of 8/22;
Zoning Board of Adjustment of 7/27, upon motion received and filed.
Proof of Publication of Council Proceedings for Meetings of July 31, August 7, 14, and 17; List
of Claims and Summary of Revenues for Month Ending June, 2000, upon motion received and
filed.
Investment Oversight Commission submitting the 29th Quarterly Report, and the Civic Center
Commission's Fiscal Year 2000 Year-End Report, upon motion received and filed.
Notice of Claims/Suits: Patrick A. Konsen in estimated amount of $800 for vehicle damage
and Diane Wertz in estimated amount of $1,045.07 for vehicle damages, upon motion referred
to the Legal Staff for investigation and report.
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Corporation Counsel advising the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mary Harkey for
reimbursement of medical expenses, and Beth A. Miller for sewer backup damage, upon motion
received and filed.
Corporation Counsel recommending denial of the vehicle damage claim of David G. Hennessy,
the vehicle damage claim of Donald Kohl, and the vehicle damage claim of Tracy Ploessl, upon
motion received and filed and concurred with the recommendation.
Corporation Counsel advising that the claim of Richard S. Hillard for vehicle damage has been
forwarded to the Dubuque Jaycees for handling, upon motion received and. filed.
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Ordinance No. 68-00 Amending the City of Dubuque Code of Ordinances by changing the
reference in Sections 10-23, 10-24, and 10-38 from "Dock Division Manager" to "Ci+
Manager," said Ordinance having been presented and read at the Council Meetings of 8/7/0_
and 8/21/00 now presented for final action. Buol moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
Communications from the Iowa Department of Economic Development regarding the City's
Local Housing Assistance Program Applications #01-LHAP-002 and #01-LHAP-003, upon
motion received and filed.
Notice of Warn Act from The Sinsinawa Dominicans stating that the services provided at St.
Dominic Villa in Dubuque are being transferred to a new facility at the Mother House in
Wisconsin, upon motion received and filed.
City Manager recommending approval of the Five Flags usage agreement with the Dubuque
Fighting Saints for the upcoming season, upon motion received and filed and concurred with
recommendation.
City Manager recommending support of a grant application that the Dubuque Girls Independent
League will be submitting to the Iowa Department of Natural Resources (IDNR) for Recreation
Infrastructure funding for the Riprow Valley Recreational Area, upon motion received and filed.
Buol moved adoption of Resolution No. 416-00 Supporting a grant application for loV\
Department of Natural Resources Recreation Infrastructure Funds for the Riprow Valley
Recreational Area. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending acceptance of Dubuque Industrial Center West Grading, Paving and
Utilities Phase I Project as completed by McAninch Construction Company in the final amount
of $5,622,265.19, upon motion received and filed. Buol moved adoption of: Resolution No.
417-00 Accepting improvement for project and Resolution No. 418-00 Approving final estimate
in amount of $5,662,265.19. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending to award the contract for the Fifth Street Reconstruction Project
to Portzen Construction in the amount of $194,853.15, upon motion received and filed. Buol
moved adoption of Resolution No. 419-00 Awarding contract to Portzen Construction in the
amount of $194,853.15. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting letter of support for the Dubuque Girls Independent League and their
Riprow Valley Recreation Area development project, upon motion received and filed and
approved letter of support.
City Manager recommending City sponsorship of communications to the Iowa Congression,
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del~gation in support of legislation to assist Section 8 households at risk of loss of housing due
to expiration of existing project-based HUD contracts, upon motion received and filed and
concurred with recommendation.
Request of Phillip Love to transfer The Lounge liquor license, LC13969, to Miller Riverview Park
for the Dragon Boat races on September 9, 2000, upon motion received and filed and approved
request.
Sharon A. Eickhorn, Oky Doky #5, requesting a refund of Cigarette License #00 4511, in the
amount of $75.00, upon motion received and filed and approved request.
Buol moved adoption of: Resolution No. 420-00 Granting issuance of a permit to sell Cigarettes
and Cigarette Papers to Midway Hotel/Horfman House; Resolution No. 421-00 Granting
issuance of Class /lC" Beer Permit to Rainbo Oil Company (Kwik Stop at 2255 Kerper Blvd);
Resolution No. 422-00 Granting issuance of Class /lC" Beer/Liquor Permit to Lucky 13 Tap.
Seconded by Nicholson. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
ZONING BOARD OF ADJUSTMENT: Frederick R. Beeler, Fred Freebolin. Mr. Freebolin spoke.
Appointments to the following Boards/Commissions:
AIRPORT COMMISSION: R. J. Blocker, Teri Goodmann, Don Hedeman, Nancy Ann Helling.
Upon vote Teri Goodmann was appointed to the four year term which will expire 9-14-04.
TV CABLE TELEPROGRAMMING COMMISSION: Jennifer Tigges. Upon motion Jennifer Tigges
reappointed to a three year term which will expire 6-30-03.
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
Conceptual Development Plan - Menard Inc.: Proof of publication on notice of hearing to
consider rezoning property on U.S. Highway 20 from C-3 General Commercial and CS
Commercial Service and Wholesale District to PUD Planned Unit Development District with a
PC Planned Commercial designation to allow for development of a new Menard's Store and an
Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west
of Westside Court from C-3 General Commercial District and CS Commercial Service and
Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial
District designation and adopting a Conceptual Development Plan, with conditions, for Menard,
Inc., upon motion approved request to table.
Salina Street Reconstruction Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids for the Salina Street Reconstruction
Project, a Resolution Adopting plans and specifications for project and a Resolution With respect
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to the adoption of the Resolution of Necessity proposed for the Salina Street Reconstruction '
Project, upon motion tabled until Staff is ready to bring back.
Eagle Point Water Plant - Chlorine Feed Room Expansion Project: Proofs of publication ('
notice of hearing on plans and specs and notice to bidders on the receipt of bids for the Eag"
Point Water Plant Chlorine Feed Room Expansion Project and City Manager recommending that
the Resolution approving the preliminary plans and specs be rescinded and that the bids be
rejected, upon motion received and filed. Robbins moved adoption of Resolution No. 423-00
Rescinding Resolution No. 375-00 Preliminary approval of plans and specifications for
construction of the Chlorine Feed Room at the Eagle Point Water Plant. Seconded by Cline.
Motion carried 7-0.
Bennett Street Storm Sewer Extension Project: Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on the receipt of bids for construction of the
Bennett Street Storm Sewer Extension Project and City Manager recommending to award
contract for project, upon motion received and filed. Robbins moved adoption of: Resolution
No. 424-00 Adopting plans and specifications for project and Resolution No. 425-00 Awarding
contract for project to Royal Oaks Excavating in the amount of $26,557.65. Seconded by
Markham. Motion carried 7-0.
Discovery Center Parking Lot Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids for the Mississippi River Discovery
Center Parking Lot Pavement Removal Project and City Manager recommending to award
contract for project, upon motion received and filed. Markham moved adoption of Resolutic
No. 426-00 Adopting plans and specifications for project and Resolution No. 427-00 Awarding
contract for project to McDermott Excavating in the amount of $12,746.25. Seconded by
Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation clarifying their request for a development moratorium in the Southwest Arterial
Corridor, communication from City Manager to the Iowa Department of Transportation asking
for clarification of their request for a development moratorium, and communication from the
Iowa Department of Transportation requesting a development moratorium, upon motion referred
to Staff for preparation of documents.
Consulting Contract for Conceptual Design of Main Street: City Manager recommending that
the City enter into an agreement with Durrant Group for preparation of a Conceptual Design of
Main Street, upon motion received and filed and concurred with recommendation.
Long Range Planning Commission: Ordinance No. 69-00 Amending the City of Dubuque Code
of Ordinances Section 36-4 Long Range Planning Advisory Commission Created; Compositior
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by .susp~nding the membership on the Commission of a member of the Zoning Advisory
Commission until September 1, 2001, said Ordinance having been presented and read at the
Council meeting of 817100 and 8/21/00, now presented for final action. Michalski moved final
consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following
vote: Yeas--Robbins, Duggan, Markham, Nicholson. Nays-- Buol, Cline, Michalski.
Board of Health Dissolution: Ordinance No. 70-00 Amending the City of Dubuque Code of
Ordinances by Repealing Sec. 23-1 Providing for a Board of Health; by Repealing Sec. 23-3
Providing for the Conduct of Appeal by the Board of Health; by amending Sec. 7-75 and 7-81
relating to Dangerous Animals, said Ordinance having been presented and read at the Council
Meetings of 817100 and 8/21/00, now presented for final action. Robbins moved final
consideration and passage of the Ordinance.'- Seconded by Markham. Carried by the following
vote: Yeas--Robbins, Buol, Duggan, Markham, Nicholson. NaysuCline, Michalski.
Proposed Ordinance - Increasing Fines for Code Violations: City Solicitor William G. Blum
submitting an ordinance amending the Code of Ordinances by increasing the fine for a Code of
Ordinance violation, upon motion received and filed. Ordinance No. 71-00 Amending the City
of Dubuque Code of Ordinances Section 1-8 "General Penalty" by increasing the fine for a Code
of Ordinance violation to a sum not to exceed five hundred dollars ($ 500), 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
Buo/. Motion carried 7-0.
Stop Sign - James Street: City Manager recommending the addition of a stop sign on James
Street at Langworthy Street, upon motion received and filed. Ordinance No. 72-00 Amending
the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section
32-214 thereof providing for the addition of a stop sign on James Street at Langworthy Street,
presented and read. Markham moved that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council Meetings prior to the meeting at which it
is to be finally passed be suspended and further moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion carried 6-0. Nicholson absent during vote.
Right-of-Way Encroachment - Projecting Sign at 1169-1179 Iowa Street: City Manager
recommending approval of a request from Jojanaro Investments to install a projecting sign at
1168-1179 Iowa Street, upon motion received and filed. Ordinance No. 73-00 Authorizing
Jojanaro Investments to construct a projecting sign at 1169-1179 Iowa Street, 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 final consideration and passage of the Ordinance. Seconded by
Markham. Motion carried 7-0.
Right-of-Way Encroachment - Projecting Sign at 1824 Central Avenue:
City Manager
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recommending approval of a request from Pfohl Investment to install a projec~ng sign at 1824
Central Avenue, upon motion received and filed. Ordinance No. 73-00 Authorizing Pfohl
Investment to construct a projecting sign at 1824 Central Avenue, presented and read. Suol
moved that the requirement that a proposed Ordinance be considered and voted on for passagr
at two Council Meetings prior to the meeting at which it is to be finally passed be suspende.
and further moved final consideration and passage of the Ordinance. Seconded by Markham.
Motion carried 7-0.
Neighborhood Grant Process: City Manager recommending approval of a revised Neighborhood
Grant Program, upon motion received and filed and concurred with recommendation.
Historic Preservation Initiatives: Communication from the Historic Preservation Commission
submitting proposed historic preservation incentives for review and evaluation, upon motion
received and filed and referred to Staff for study in connection with budget process.
Operation: New View Representative: City Council appointment of Council Member Patricia
Cline as the City's representative on the Operation: New View Board (currently Council Member
Nicholson). Upon motion it was resolved to appoint Council Member Cline.
Five Flags Center Lavatory Stations Replacement Project: City Manager submitting documents
providing for initiation of the Five Flags Center Lavatory Stations Replacement Project, upon
motion received and filed. Suol moved adoption of: Resolution No. 428-00 Preliminary
approval of plans and specifications in estimated amount of $45,500; Resolution No. 429-00
Fixing date of hearing on plans and specifications for October 2, 2000 at 6:30 P.M. in the Publ
Library Auditorium and that the City Clerk publish notice in the manner prescribed by law;
Resolution No. 430-00 Ordering bids and directing Clerk to advertise. Seconded by Nicholson.
Motion carried 6-0. Markham absent during vote.
Villa Street Retaining Wall Reconstruction: City Manager submitting documents providing for
the Villa Street Retaining Wall Reconstruction Project, upon motion received and filed.
Michalski moved adoption of: Resolution No. 431-00 Preliminary approval of plans and
specifications in estimated amount of $104,500; Resolution No. 432-00 Fixing date of hearing
on plans and specifications for September 18, 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. 433-00 Ordering bids and directing Clerk to advertise. Seconded by Suo!. Motion carried
7-0.
2000 Sidewalk Assessment - Center Grove/Cedar Cross Road/Embassy West Drive: City
Manager submitting documents providing for construction of the 2000 Sidewalk Assessment
(Center Grove/Cedar Cross Road/Embassy West Drive) Project, upon motion received and filed.
Suol moved adoption of: Resolution No. 434-00 Preliminary approval of plans and specifications
in estimated amount of $300,509.81; Resolution No. 435-00 Fixing date of hearing on plans
and specifications for October 2, 2000 at 6:30 P.M. in the Public Library Auditorium and the
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the.City Glerk publish notice in the manner prescribed by law; Resolution No. 436-00 Resolution
of Necessity; Resolution No. 437-00 Approval of preliminary estimated assessments for
project. Seconded by Nicholson. Motion carried 7-0.
Police Department Block Grant Funds for Calendar Year 1999 and Calendar Year 2000: City
Manager recommending that a public hearing be scheduled for September 18, 2000, to consider
the expenditure of Police Department 1999 Block Grant Funds and 2000 Block Grant Funds,
upon motion received and filed and set Public Hearing for 9-18-00 at 6:30 P.M. in the Public
Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Bond Sale to Support Third Street Parking Ramp and Airport T-Hangars: City Manager
recommending that a public hearing be set for September 18, 2000 to consider the sale of
General Obligation Bonds to support construction of the Third Street Parking Ramp
($5,600,000) and Airport T-Hangars ($690,000), upon motion received and filed. Buol moved
adoption of: Resolution No. 438-00 Fixing date for a meeting on the proposition of the
issuance of not to exceed $690,000 General Obligation Bonds (for an Essential Corporate
Purpose) of Dubuque, Iowa, and providing for publication of notice thereof and Resolution No.
439-00 Fixing date for a meeting on the proposition of the issuance of not to exceed
$5,600,000 General Obligation Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa,
and providing for publication of notice thereof, and further set these for Public Hearing on 9-18-
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 Nicholson. Motion carried 7-0.
Fiscal Year 2001 Budget Amendment: City Manager recommending that a public hearing be
set for September 18, 2000 to consider an amendment to the Fiscal Year 2001 Budget, upon
motion received and filed. Michalski moved adoption of Resolution No. 440-00 Directing the
City Clerk to publish proposed amendment to the Fiscal Year 2000 budget and date of public
hearing, and set Public Hearing for 9/18/00 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 Buo!' Motion
carried 7-0.
At 8:38 P.M., upon motion it was resolved to go into Closed Session: Pending Litigation and
Property Acquisition (Iowa Code s21.5(1 )(c)(j).
At 9:34 P.M., Council reconvened Regular Session with statement that Staff had been given
proper direction.
There being no further business, upon motion meeting adjourned at 9:35 P.M.
Jeanne F. Schneider
City Clerk
1 t 9/14
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