09 18 00 Minutes this Meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, September 18, 2000
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Cline, Michalski, Nicholson, Acting City Manager
Pauline Joyce, Corporation Counsel Barry Lindahl.
Absent: Council Members Buol, Markham, Robbins and City Manager Michael Van Milligen.
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. Tim Bees, Pastor, First Baptist Church.
PROCLAMATIONS: Wireless Etiquette Month (September, 2000); Constitution Week
(September 17 - 23, 2000) received by Marilyn McDonald; Crop Walk Day in Dubuque (October
1, 2000) received by Bob Krayer; Mental Illness Awareness Week (October 1 - 7, 2000)
received by Carol Oberfoell; and Trick or Treat Night (October 31, 2000).
Minutes Submitted: Airport Commission of August 28 and September 5; Civil Service
Commission of July 27; Community Development Advisory Commission of August 15; Historic
Preservation Ordinance Task Force of September 7; Housing Commission Trust Fund Committee
of September 7; Human Rights Commission of August 14, Zoning Board of Adjustment of
August 24, upon motion received and filed.
Proof of Publication of Council Proceedings for Meetings of August 21, 28, and 29; List of
Claims and Summary of Revenues for Month Ending July, 2000, upon motion received and filed.
Finance Director Kenneth J. TeKippe submitting the financial reports for the month ending
August 31, 2000, upon motion received and filed.
Dan Bukowski in estimated amount of $735.72 for vehicle damage; Gail Cording in estimated
amount of $2,050 for personal injuries; Sheila Czipar in estimated amount of $20.00 for
property damage; James Kearney in estimated amount of $3,000 for property damage; Robert
Papenthien in estimated amount of $270.50 for property damage, upon motion referred to the
Legal Staff for investigation and report.
Original Notice and Petition filed against the City in connection with a fall at the Five Flags
Center, 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: Patrick Konsen for
vehicle damage; Diane Wertz for vehicle damage, upon motion received and filed and concurred
with the referral.
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Corporation Counsel recommending settlement of the vehicle damage claim of Michele Schreiber
in the amount of $142.00 and Horsfield Construction in amount of $6,248.70 for property
damage and directing the Finance Director to issue payment, upon motion received and filed and
concurred with recommendation of settlement.
Citizen Communications: Communication of Bonnie Maiers regarding the issue of what to do
with the Town Clock Plaza and Communication of Tracy Ploessl requesting that her claim for
vehicle damage, which was denied, be reviewed again, upon motion referred to the City
Manager.
Montcrest Street: Petition containing 22 signatures requesting that Montcrest Street remain
open, and communication of City Manager regarding the Montcrest Street project. upon motion
referred to the City Manager.
Civil Service Commission certifying the eligibility list for Sanitation Driver and Lead
Applications/Network Analyst, upon motion resolved to make a matter of record.
Subdivision Plat - Kerper Court: Zoning Advisory Commission advising of their approval of Plat
of Survey of Lot 1-2 and Lot 2-2 of Kerper Industrial Park and Lots 6, C and D of Kerper
Industrial Park as requested by the City of Dubuque, upon motion received and filed. Nicholson
moved adoption of Resolution No. 441-00 Approving the Plat of Survey of Lot 1-2 and Lot 2-2
of Kerper Industrial Park and Lots 6, C and D of Kerper Industrial Park, in the City of Dubuque,
Iowa. Seconded by Michalski. Motion carried 4-0.
Subdivision Plat - Fourth Street Peninsula: Zoning Advisory Commission advising of their
approval of Plat of Survey of Lots 1 through 3 of Riverwalk Second Addition, as requested by
the City of Dubuque, upon motion received and filed. Nicholson moved adoption of Resolution
No. 442-00 Approving the Plat of Survey of Lots 1 through 3 of Riverwalk Second Addition,
in the City of Dubuque, Iowa. Seconded by Michalski. Motion carried 4-0.
Subdivision Plat - U.S. Highway 20 at Old Highway Road: Zoning Advisory Commission
advising of their approval of the Final Plat of Lots 1, 2 and 3 of Weber Acres as requested by
Edward Tschiggfrie, upon motion received and filed. Nicholson moved adoption of Resolution
No. 443-00 Approving the Final Plat of Lot 1, 2 and 3 of Weber Acres in Dubuque County,
Iowa. Seconded by Michalski. Motion carried 4-0.
Agreement for STP Funding from the Iowa Department of Transportation: City Manager
recommending an agreement for STP Funding from the Iowa Department of Transportation for
the Highway 20 landscaping project, upon motion received and filed. Nicholson moved
adoption of Resolution No. 444-00 Approval of agreement for STP Funding. Seconded by
Michalski. Motion carried 4-0.
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Five Flags Center Skate Tile Installation: City Manager recommending acceptance of the Five
Flags Center Skate Tile Installation project, upon motion received and filed. Nicholson moved
adoption of Resolution No. 445-00 Accepting improvement for project and Resolution No. 446-
00 Approving final estimate in amount of $55,978. Seconded by Michalski. Motion carried
4-0.
1999 PC Concrete Paving Project - No. 2 (West Fifth and Arlington): City Manager
recommending acceptance of the 1999 PC Concrete Paving Project - No. 2 (West Fifth and
Arlington) and adopting the final assessment schedule, upon motion received and filed.
Nicholson moved adoption of Resolution No. 447-00 Adopting the final assessment schedule
for 1999 PC Concrete Paving Project - No. 2 (West Fifth and Arlington) 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 4-0.
Granger Creek Interceptor Sewer Extension Project: City Manager recommending acceptance
of the Granger Creek Interceptor Sewer Extension project, upon motion received and filed.
Nicholson moved adoption of Resolution No. 448-00 Accepting improvement for project and
Resolution No. 449-00 Approving final estimate in amount of $1,462,309.94. Seconded by
Michalski. Motion carried 4-0.
South Fork Interceptor Sewer Extension Project - Phase IV: City Manager recommending
acceptance of the South Fork Interceptor Sewer Extension Project - Phase IV, upon motion
received and filed. Nicholson moved adoption of Resolution No. 450-00 Accepting
improvement for project and Resolution No. 451-00 Approving final estimate in amount of
$349,662.03. Seconded by Michalski. Motion carried 4-0.
County Farm Interceptor Sewer Extension Project: City Manager recommending acceptance of
the County Farm Interceptor Sewer Extension Project, upon motion received and filed.
Nicholson moved adoption of Resolution No. 452-00 Accepting improvement for project and
Resolution No. 453-00 Approving final estimate in amount of $163,982.62. Seconded by
Michalski. Motion carried 4-0.
Fremont Heights and South Glenn Estates: City Manager recommending acceptance of the
public improvements in Fremont Heights and South Glenn Estates, upon motion received and
filed. Nicholson moved adoption of Resolution No. 454-00 Accepting improvements in
Fremont Heights and South Glenn Estates. Seconded by Michalski. Motion carried 4-0.
Fiscal Year 2000 Street Finance Report: City Manager submitting the Street Finance Report
to the Iowa Department of Transportation for Fiscal Year 2000, upon motion received and filed.
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Nicholson moved adoption of Resolution No. 455-00 Approving the City of Dubuque Fiscal Year
2000 Street Finance Report. Seconded by Michalski. Motion carried 4-0.
Cooperative Agreement with Iowa Department of Transportation: City Manager recommending
approval of a Cooperative Agreement with the Iowa Department of Transportation for right-of-
way activities necessary for the Manson Road Bridge project, upon motion received and filed.
Nicholson moved adoption of Resolution No. 456-00 Approving Intergovernmental Agreement
between the City of Dubuque and the Iowa Department of Transportation (IDOT) for staff
relocation assistance and advisory services regarding the City's purchase of the home at 1650
Manson Road. Seconded by Michalski. Motion carried 7-0.
Community Development Block Grant Program FY 2000 Activity Report: City Manager
submitting the Community Development Block Grant Program Activity Summary Report for
Fiscal Year 2000, upon motion received and filed. Nicholson moved adoption of Resolution No.
457-00 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report
(CAPER) for the period commencing July 1, 1999 and concluding June 30, 2000. Seconded
by Michalski. Motion carried 4-0.
City of Dubuque Swimming Pool/Spa Inspection Program: Communication from the State
Department of Public Health certifying the City's swimming pool/spa inspection program, upon
motion received and filed.
Housing Department Awards and Accomplishments: City Manager transmitting the 1999-2000
awards and accomplishments for the Housing Services Department, upon motion received and
filed.
Six Month Report on Housing Committee Activities: City Manager transmitting the Annual
Performance Report of the Housing Services Department, upon motion received and filed.
Six Month Report - Housing Action Conference: City Manager transmitting the Annual
Performance Report of the Housing Services Department from the Housing Action Conference,
upon motion received and filed.
Fiscal Year 2001 Housing Trust Fund Awards: City Manager recommending approval of the
Housing Commission's recommendation for award of Fiscal Year 2001 Housing Trust Fund
grants to two area non-profit agencies, upon motion received and filed and concurred with
recommendation.
Lead Based Paint Hazard Reduction Program: Communication of Housing Services Manager
David Harris to the U.S. Department of Housing and Urban Development requesting an
extension of the Section 8 Lead Based Paint Hazard Reduction Program application from
September 15, 2000 to January 1, 2001, upon motion received and filed.
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Amendment to 28E Agreement - Emergency Communications Center: City Manager
recommending approval of amendments to the 28E Agreement between the City, County, and
E911 Service Board for operation of the Dubuque County Public Safety Communication Center,
upon motion received and filed and concurred with recommendation.
Letter to State Legislators: City Manager submitting a letter to the State Legislators regarding
property tax reform, upon motion received and filed and approved letter.
Letter to Dubuque County Board of Supervisors: Communication of City Manager to Donna
Smith, Dubuque County Board of Supervisors, regarding duplicate street names within cities or
in the unincorporated area of the County, upon motion received and filed and approved letter.
Dubuque Jaycees: Request from the Dubuque Jaycees to transfer their Class "B" Beer Permit
to Cable Car Square on Saturday, October 7, 2000, upon motion received and filed and
approved transfer request.
Business Licenses: Nicholson moved adoption of: Resolution No. 458-00 Granting issuance
of a permit to sell Cigarettes and Cigarette Papers to Main Street Caboose; Resolution No. 459-
00 Granting issuance of Class "C" Beer Permit to Family Mart Inc., Asbury Amoco Food Shop,
Casey's General Store, Wal-Mart Supercenter #2004; Resolution No. 460-00 Granting
issuance of Class "C" Beer/Liquor Permit to One Flight Up, Main Street Caboose, Angie's Bar,
Happy's Place, Attitudes Pub and Grill, and Loras College. Seconded by Michalski. Motion
carried 4-0.
BOARDS/COMMISSIONS: Applicants are invited to address the Council to express their desire
to serve on the following Boards/Commissions:
Environmental Stewardship Advisory Commission: Brianna Tully. Ms. Tully spoke.
Housing Commission (Section 8 Representative): Jeremy Austin; Joe Hopkins. Mr. Austin &
Mr. Hopkins both spoke requesting consideration for appointment.
Investment Oversight Commission: Charles Spielman. Mr. Spielman spoke.
Appointments to the following Boards/Commissions:
Zoning Board of Adjustment: One Vacancy; Applicants: Frederick Beeler, Fred Freebolin. Upon
vote Mr. Beeler appointed to the unexpired 5-year term which will expire 3-25-02.
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
Garfield Place Urban Revitalization Designation/Housing Trust Fund Award: Proof of publication
on notice of hearing on the designation of "Garfield Place" as an Urban Revitalization Area and
City Manager recommending approval of the proposed plan for the "Garfield Place" Urban
Revitalization Area and approval of a Local Housing Assistance Program (LHAP) award to Scott
and Dawn Potter for construction of a single room occupancy (SRO) facility on Garfield Avenue,
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upon motion received and filed. Mr. Scott Potter spoke requesting approval. An Ordinance
Establishing the Garfield Place Urban Revitalization Area as an Urban Revitalization Area
pursuant to Chapter 404 of the Code of Iowa, presented and read. Nicholson moved that this
be the first reading of the Ordinance. Seconded by Cline. Motion carried 4-0.
Request to Rezone Property at 2699 Rockdale Road: Proof of publication on notice of public
hearing to consider rezoning property located at 2699 Rockdale Road from C-1 Neighborhood
Commercial District to C-2 Neighborhood Shopping Center, upon motion received and filed.
An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 2699 Rockdale Road from C-1
Neighborhood Commercial District to C-2 Neighborhood Shopping Center District, presented and
read. Michalski moved that this be considered the first reading of the Ordinance. Seconded
by Nicholson. Motion carried 4-0.
Police Department Block Grant Funds for Calendar Year 1999 and 2000: Proof of publication
on notice of hearing on the expenditure of Police Department 1999 and 2000 Block Grant Funds
and City Manager recommending approval, upon motion received and filed and concurred with
recommendation.
Bond Sale to Support Third Street Parking Ramp: Proofs of publication on notice of public
hearing and communication of City Manager recommending the issuance of $5,600,000 General
Obligation Bonds for construction of the Third Street Parking Ramp, upon motion received and
filed. Cline moved adoption of Resolution No. 461-00 Instituting proceedings to take additional
action for the issuance of not to exceed $5,600,000 General Obligation Bonds. Seconded by
Nicholson. Motion carried 4-0.
Bond Sale to Support Airport T-Hangars: Proofs of publication on notice of public hearing and
communication of City Manager recommending the issuance of $690,000 General Obligation
Bonds for renovation and construction of additional Airport T-Hangars and Resolution Instituting
proceedings to take additional action for the issuance of not to exceed $690,000 General
Obligation Bonds, upon motion tabled public hearing to 10/2/00.
Fiscal Year 2001 Budget Amendment: Proof of publication on notice of public hearing and
communication of City Manager recommending approval of an amendment to the Fiscal Year
2001 Budget, upon motion received and filed. Nicholson moved adoption of Resolution No.
462-00 Amending the Fiscal Year 2001 Budget. Seconded by Cline. Motion carried 4-0.
Villa Street Retaining Wall: Proofs of publication on notice of hearing on plans and specs and
notice to bidders on the receipt of bids for construction of the Villa Street Retaining Wall and
City Manager recommending to award contract for project, upon motion received and filed.
Cline moved adoption of Resolution No. 463-00 Adopting plans and specs for project and
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Resolution No. 464-00 Awarding contract for project to Portzen Construction in the amount of
$118,670.45. Seconded by Nicholson. Motion carried 4-0.
Upon motion the rule was reinstated limiting discussion to the Council.
Citizen Request: Request of Marla Feddersen and Mike Willis, 205 Valley Street, to address the
Council. Ms. Feddersen spoke of a water problem and the need for a catch basin replacement.
She also spoke of problems over the use of Quince St. and how it was divided. Upon motion
this was referred to the City Manager.
Region 1 Workforce Development Board: Communication from Dave Leary, ECIA Employment
and Training Programs, requesting the City select a replacement for Dave Harms on the Region
1 Workforce Development Board and submitting the nomination forms for Michael Portzen and
Richard Wallace, upon motion received and filed and upon vote, appointed Michael Portzen to
the Region 1 Workforce Development Board.
Mike Willis, 205 Valley, spoke of water run-off problems at that address.
At 7:21 P.M., upon motion Council resolved to go into Closed Session re: Pending Litigation
(Iowa Code ~21.5{1 )(c).
At 7:45 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:46 P.M.
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Jeanne F. Schneider
City Clerk
1 t 9/27
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TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, SEPTEMBER 18, 2000, AT 6:30 P.M.,
IN THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY
PROPERLY COME BEFORE THE COUNCIL.
Terrance M. Duggan
MAYOR
9/18/00