11 06 00 Minutes this Meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Special Session, November 6, 2000
Council met for Dinner at 5:00 P.M. in the Library Rotunda
Council met in Special Session at 5:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tern Markham, Council Members Buol, Cline, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan.
Mayor Pro-Tern Markham read the call and stated this is a special session of the City
Council called for the purpose of providing an update on the paperless agenda process and to
act upon such business which may properly come before the Council.
Direction was provided by Chris Kohlman, Information Services Manager and Jeanne
Schneider, City Clerk on the usage of their laptop computers, the CD Roms which provide
access to the Council meeting agendas, and the ability to access the supporting documents
via icons and other means. Discussion ensued and questions were answered.
Upon consensus the meeting adjourned at 6:25 P.M.
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C<Jeanne F. Sr: '1:1eider
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 6, 2000
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tern Markham, Council Members Buol, Cline, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan.
Mayor Pro- Tem Markham read the call and stated this is the regular session of the City Council
called for the purpose of acting upon such business which may properly come before the City
Council.
Invocation was given by Reverend Matthew Harris, Pastor of The Bridge Christian Church.
Proclamations: Youth Appreciation Month, received by Morning Optimists President Wayne
Zumhof and Noon Optimists Vice Pres. Dr. J. P. Quinlan; Hospice Month received by Kim
Link.
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Minutes Submitted: Airport Commission of 10/23; Civil Service Commission of 10/3 and
10/19; Downtown Planning Committee of 9/11; Environmental Stewardship Advisory
Commission of 10/3; Five Flags Commission of 10/16; Historic Preservation Commission of
10/19; Housing Code Appeals Board of 8/15; Housing Commission of 10/1 0; Human Rights
Commission of 10/11; Park and Recreation Commission of 10/10; Transit Board of 9/14, upon
motion received and filed.
Proof of Publication of Council Proceedings for 10/2 and 10/4; Substance Abuse Services
Center Quarterly Report; Quarterly Investment Report; and Carnegie Stout Library Fiscal Year
2000 Annual Report, upon motion received and filed.
Printed Council Proceedings for month of September, 2000, upon motion approved as printed.
Notice of Claims/Suits: Shirley Elliott in estimated amount of $227.00 for personal injuries;
Marlin Jorgensen in estimated amount of $20.00 for property damage; Linda Lucey in
estimated amount of $255.88 for vehicle damage; Phil Meyer in undetermined amount for
property damage; Dorothea Tschiggfrie in estimated amount of $977.72 for property damage,
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: Hillcrest Association
for property damage; Betty Loeffelholz for property damage; Mark Puccio for reimbursement
of medical expenses; Terryl Stewart for vehicle damage; Angela Woolf for vehicle damage,
upon motion received and filed and concurred with the recommendation.
Corporation Counsel recommending settlement of the vehicle damage claim of Linda Lucey in
the amount of $255.88 and the property damage claim of Marlin Jorgensen in the amount of
$20.00 and that the Finance Director be directed to issue payment, upon motion received and
filed and approved settlement.
Citizen Communications: Howard W. Klauer and John P. Klauer expressing their appreciation
to Gil Spence, Leisure Services Manager, for the removal of dead trees along the right-of-way
of Dexter Street; Mr. and Mrs. Myron Cole regarding parking problems in the alley between
Nevada Street and Alpine Street, upon motion received and filed and referred to the City
Manager.
City Manager recommending acceptance of the Five Flags Center Arena Seat Replacement
Project, upon motion received and filed. Buol moved adoption of Resolution No. 513-00
Accepting Improvement for project and Resolution No. 514-00 Approving final estimate in
amount of $166,155. Seconded by Nicholson. Motion carried 6-0.
Section 8 Housing Vouchers: City Manager recommending approval of an applica~o the
US Department of Housing and Urban Development for additional Section 8 Prograllf)2fusing
,~uchers, upon motion received and filed. Buol moved adoption of Resolution No. 515-00
Authorizing the Mayor to execute an application to the US Department of Housing and Urban
2
Development (HUD) for additional Section 8 Program Housing Vouchers; and to execute a
standard Amended Annual Contributions Contract for the additional funds. Seconded by
Nicholson. Motion carried 6-0.
Application for Local Housing Assistance Program (LHAP) Funds: City Manager
recommending approval of an application to the Iowa Department of Economic Development
for Local Housing Assistance Program funds for a pilot program promoting low-income
homeownership, upon motion received and filed. Buol moved adoption of Resolution No. 516-
00 Authorizing an application to the Iowa Department of Economic Development for Local
Housing Assistance Program Funds. Seconded by Nicholson. Motion carried 6-0.
Acceptance of Deeds from Plastic Center, Inc.: Corporation Counsel recommending
acceptance of the Warranty Deed and Correction Warranty Deed from Plastic Center, Inc.,
upon motion received and filed. Buol moved adoption of Resolution No. 517-00 Accepting
the deeds to certain real estate in Dubuque County, Iowa from Plastic Center, Inc. Seconded
by Nicholson. Motion carried 6-0.
Hazard Mitigation Planning Grant Contracts: East Central Intergovernmental Association
submitting a Hazard Mitigation Planning Grant Contract between the City, ECIA and Iowa
Emergency Management and an Administration Contract between the City and ECIA, upon
motion received and filed and approved contracts.
Department of Housing and Urban Development: communication advising that the City's
application to the Lead-Based Paint Hazard Control Grant Program was not approved;
communication advising that no objections to the City's Fiscal Year 2000 Community
Development Block Grant Program had been received; and communication advising that their
review of the City's Community Development Block Grant Program for 1999 was satisfactory,
upon motion received and filed.
Iowa Department of Natural Resources: The Iowa Department of Natural Resources
submitting the Industrial Pretreatment Compliance Inspection report for the Water Pollution
Control Plant, upon motion received and filed.
Notice of Expiration of Right of Redemption: County Treasurer advising of the Notice of
Expiration of Right of Redemption for property described as Lot 1 of Lot 1 of the Subdivision
of Mineral Lot 251A and part of Mineral Lot 250; and Lot 1 of Lot 1 of Mineral Lot 501 in the
City of Dubuque, upon motion received and filed.
Dubuque Area Labor-Management Council: DUbuque Area Labor-Management Council
requesting a letter of support for their grant application from the U.S. Department of Labor to
conduct a Workforce Development Community Audit in the Dubuque area, upon motion
received and filed and approved letter of support.
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Supplement #47 - Code of Ordinances: City Manager recommending adoption of Supplement
#47 to the Code of Ordinances of the City of Dubuque, upon motion received and filed. Buol
moved adoption of 518-00 Adopting Supplement #47 to the Code of Ordinances. Seconded
by Nicholson. Motion carried 6-0.
Disposition of Buettell Brothers Building at 821-845 Central Avenue: Historic Preservation
Commission requesting that the City Council work with the Dubuque County Board of
Supervisors to preserve the Buettell Brothers Building at 821-845 Central Avenue if the Law
Enforcement Center is expanded to this area, upon motion received and filed.
Iowa League of Cities: Communication from the Iowa League of Cities requesting that the City
Manager serve on the League Policy Committee, upon motion received and filed and concurred
with recommendation.
Water Service - Lock and Dam No. 11: City Manager recommending approval of a Contract
Agreement with the Army Corp of Engineers to provide water service to Lock and Dam No.
11 , upon motion received and filed and approved agreement.
Enrich Iowa Grant: Tom Moran, Library Director, advising that the Library has once again
qualified for an Enrich Iowa Grant and requesting that this additional revenue amount be
included in the next budget amendment, upon motion received and filed.
Vacation/Purchase of Allison Place: City Manager advising that Finley Hospital has exercised
their option to purchase Allison Place and that process is now complete, upon motion received
and filed.
Civil Service Commission: Civil Service Commission certifying the eligibility lists for Parking
Meter Checker, Laborer, and Lead Mechanic, upon motion resolved to make these a matter of
reco rd.
Diamond Jo/Bird Sign - Appeal of the Fourth Street Peninsula Permit Moratorium: City
Manager recommending approval of the issuance of sign permits for the Diamond Jo on the
Fourth Street Peninsula, upon motion received and filed and concurred with recommendation.
Dubuque County Historical Society - Appeal of the Fourth Street Peninsula Permit Moratorium:
City Manager recommending approval of the issuance of a sign permit for the Mississippi River
Discovery Center on the Fourth Street Peninsula, upon motion received and filed and concurred
with recommendation.
Issuance of $6,265,000 General Obligation Bonds: City Manager recommending the issuance
of $6,265,000 General Obligation Bonds, Series 2000C, upon motion received and filed. Buol
moved adoption of Resolution No. 519-00 Appointing Wells Fargo Bank Iowa, National
Association of Des Moines, Iowa, to Serve as Paying Agent, Bond Registrar, and Transfer
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Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and
Authorizing the Execution of the Agreement and Resolution No. 520-00 Authorizing and
Providing for the Issuance of $6,265,000 General Obligation Bonds, Series 2000C, and
Levying a Tax to Pay Said Bonds. Seconded by Nicholson. Motion carried 6-0.
County Board of Health: Communication of Mayor Terrance M. Duggan to the County Board
of Supervisors expressing the City's desire to have representation on the County Board of
Health, upon motion received and filed.
319 Area Code: City Manager submitting information on the change of the City of Dubuque's
area code, upon motion received and filed.
NLC Policy Informer: City Manager submitting the October edition of the Policy Informer from
the National League of Cities, upon motion received and filed.
Business license Refunds: Beer and liquor Combination license refund to the Old Shang and
Class B Beer Permit to Cedar Cross Amoco, upon motion received and filed and concurred with
recommendation.
Business licenses: Buol moved adoption of Resolution No. 521-00 Granting issuance of a
permit to sell Cigarettes and Cigarette Papers Oky Doky #15 and Bunker Hill Snack Bar;
Resolution No. 522-00 Granting issuance of Class "C" Beer Permit to lOCO Speede Shoppe
#93; Big 10 Mart; and Oky Doky #15; and Resolution No. 523-00 Granting issuance of Class
"C" Beer/liquor Permit to Yen Ching Restaurant; The Bridge Restaurant; and Aragon Tap.
Seconded by Nicholson. Motion carried 6-0.
BOARDS/COMMISSIONS: Appointment to the following Boards/Commissions:
Historic Preservation Commission (Old Main District) - Applicant Audrey Henson. Upon
motion it was resolved that Audrey Henson be appointed to the unexpired term which will
expire 7-1-02.
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
2000 Sidewalk Assessment Project - Center Grove/Cedar Cross/Embassy West Dr. (Public
Hearing tabled from meeting of October 2, 2000). City Manager providing additional
information on the 2000 Sidewalk Assessment Project and requesting Council direction, upon
motion received and filed communication and removed Center Grove Drive from the proposed
project.
Jack Schumacher of Shinoak Ct. spoke in favor of the proposed project. Gary Pfab, 3360
Center Grove, Peggy Gruber of 3347 Center Grove, Mark Dominy, Lonnie Hamm, 3369 Center
Grove, Tom Zalaznik for his father Edward of 3338 Center Grove, Jeff Weber, 3450 Center
Grove all spoke in opposition to the proposed project.
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Voluntary Annexation - Riprow Valley Project: Proof of publication on notice of public hearing
to consider rezoning property located east of Julien Dubuque Drive and City Manager
recommending approval of a voluntary annexation request for the Riprow Valley Project, upon
motion received and filed. Ordinance No. 96-00 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described
property located east of Julien Dubuque Drive from County A-1 Agricultural District to R-1
Single Family Residential Zoning District concurrent with annexation, presented and read.
Robbins moved that the requirement that a proposed Ordinance be considered and voted on
for passage at two Council Meetings prior to the meeting at which it is to be finally passed be
suspended and further moved final consideration and passage of the Ordinance. Seconded
by Nicholson. Motion carried 6-0. Robbins moved adoption of Resolution 524-00 Annexing
certain territory east of Julien Dubuque Dr. Seconded by Nicholson. Motion carried 6-0.
Ingress/Egress Easement for Klauer Manufacturing Company: Proof of publication on notice
of public hearing to consider the disposition of real property to Klauer Manufacturing Company
and City Manager recommending approval of an ingress/egress easement, upon motion
received and filed. Robbins moved adoption of Resolution 525-00 Disposing of interest in real
property by granting an ingress/egress easement to Klauer Manufacturing Company 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 6-0.
Tschiggfrie Commercial - Vacating of Utility Easements: Proof of publication on notice of
public hearing to consider the vacating of utility easements on Lots 4 and 5 of Block 2 of
Tschiggfrie Commercial and City Manager recommending approval, upon motion received and
filed. Buol moved adoption of Resolution No. 526-00 Disposing of interest and vacate utility
easements over Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of Dubuque,
Dubuque County, Iowa. Seconded by Nicholson. Motion carried 6-0.
Salina Street Reconstruction: 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 and City Manager recommending award of the project to Portzen Construction in the
amount of $458,069.80, upon motion received and filed. Richard Wertzberger, representing
P & I Building Company and Brian Kane, representing Freedom, Inc. spoke in opposition to the
project. Mike Portzen and Mike Walters spoke in favor of the project. Cline moved adoption
of Resolution No. 527-00 Adopting plans and specifications for project; Resolution No. 528-
00 Awarding contract to Portzen Construction; Resolution No. 529-00 With respect to the
adoption of the Resolution of Necessity proposed for the Salina Street Reconstruction Project.
Seconded by Nicholson. Motion carried 6-0.
Water Department - Supervisory Control and Data Acquisition System: Proofs of publication
on notice of hearing on plans and specifications and notice to bidders on the receipt of bids
for the Supervisory Control and Data Acquisition System Project and City Manager
recommending award of the contract to Miller Electric Supply, Inc. in the amount of
232,999.00, upon motion received and filed. Michalski moved adoption of Resolution No.
530-00 Adopting plans and specifications for project; Resolution No. 531-00 Awarding
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contract to Miller Electric Supply, Inc. and Resolution No. 529-00 Awarding Contract to Miller
Electric Supply, Inc. Seconded by Robbins. Motion carried 6-0.
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, and City Manager recommending
award of the contract to Portzen Construction in the amount of $115,649.00, upon motion
received and filed. Robbins moved adoption of Resolution 532-00 Adopting plans and
specifications for project and Resolution No. 533-00 Awarding contract to Portzen
Construction. Seconded by Michalski. Motion carried 6-0.
Water Department - Pennsylvania Pump Station: Proofs of publication on notice of hearing on
plans and specs and notice to bidders on the receipt of bids for the Pennsylvania Pump Station
Project, and City Manager recommending award of the contract to Portzen Construction for
$326,111.00, upon motion received and filed. Buol moved adoption of Resolution No. 534-
00 Adopting plans and specifications for project and Resolution No. 535-00 Awarding contract
to Portzen Construction. Seconded by Nicholson. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
623 - 627 Arlington - Appeal of Historic Preservation Commission Decision: Historic
Preservation Commission submitting information regarding the appeal of the Commission's
decision for property located at 623-627 Arlington, upon motion it was resolved to uphold the
decision of the Historic Preservation Commission. Terry Mozena of the Historic Preservation
Commission spoke of the sequence of events and their decision. Attorney Bill Conzett for
Ms. Bechen and Mr. Woods, applicants, spoke and requested that the HPC decision be
reversed.
Oak Meadows II - Water Main Connection Fee: City Manager submitting response to Jim
Stock's request regarding a $1,298 connection fee on his Oak Meadows II project, upon
motion received and filed communication and moved to absolve Mr. Stock from paying the
connection fee. Mr. Stock explained that this bill received 10 years after the connection was
not fair and he had been led to believe this would never be charged.
Barge Fleeting: City Manager submitting information on barge fleeting and requesting City
Council direction; communication of Walter Hartman, Dubuque County Conservation Society,
in opposition to the proposal to relocate barge fleeting to the southeast portion of Schmitt/City
Island, upon motion received and filed all pertinent information received and gave direction to
staff to prepare RFP for barge fleeting in select areas of the Mississippi River and hold public
hearing on 12/4.
Comprehensive Plan Update: Long Range Planning Commission providing a progress report
on the 2000 update of the Comprehensive Plan and the joint City/County planning process for
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fringe area growth and development, upon motion received and filed. Dr. Mary Lynn
Neumeister, Chair of the Long Range Planning Commission, gave a verbal progress report.
Downtown Comprehensive Plan Process: City Manager transmitting the recommendations
of the Long Range Planning Advisory Commission regarding the Downtown Comprehensive
Plan process, and communication from the Board of Directors of the Dubuque Area Chamber
of Commerce regarding the Downtown Comprehensive Plan, upon motion received and filed.
Burbach Charitable Contribution: City Manager recommending that the City accept the offer
of Carl J. And Mary Ann Burbach to donate Lot 22 of Sunset Park Eighth Addition for park
purposes, upon motion received and filed.
No Parking Zone - Hawthorne Street: City Manager recommending that the "No Parking" zone
in front of the Eagle Point Water Plant be modified, upon motion received and filed and chose
Option No.2, not allowing any truck or trailer parking. Mark'ohn and Steve Meyers, spoke
requesting that the No Parking zone be eliminated.
Amendment to the Ice Harbor Urban Renewal District: City Manager recommending approval
of an amendment to the Ice Harbor Urban Renewal District, upon motion received and filed.
Ordinance No. 97-00 Amending Ordinance No. 66-89, and providing that general property
taxes levied and collected each year on all property located within the Ice Harbor Urban
Renewal District, as amended, of the City of Dubuque, County of Dubuque, State of Iowa, by
and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other taxing districts, be paid to a special fund for payment
of principal and interest on loans, monies advanced to and indebtedness, including bonds
issued or to be issued, incurred by said City in connection with the Amended and Restated
Urban Renewal Plan for the Ice Harbor Urban Renewal District, presented and read. Michalski
moved that the requirement that a proposed Ordinance be considered and voted on for passage
at two Council Meetings prior to the meeting at which it is to be finally passed be suspended
and further moved final consideration and passage of the Ordinance. Seconded by Nicholson.
Motion carried 6-0.
Owner-Occupied Affordable Housing Committee: City Manager submitting proposed process
and participants for the Owner-Occupied Affordable Housing Committee, upon motion received
and filed and concurred.
Legislative Positions for 2001 Legislative Session: City Manager submitting the City's
legislative positions for the 2001 Legislative Session. upon motion received and filed and
approved submission.
Council Member Reports: Nicholson requested that consideration of a salary increase for the
Mayor and Council Members be put on the next Council Agenda.
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Fischer Cold Storage Warehouse Asbestos Abatement Project: City Manager submitting
documents providing the Fischer Cold Storage Warehouse Asbestos Abatement Project and
setting a public hearing for November 20, 2000, upon motion received and filed. Michalski
moved adoption of Resolution No. 536-00 Preliminary approval of plans and specs for project;
Resolution No. 537-00 Fixing date of hearing on plans and specs for November 20, 2000 at
6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner
prescribed by law; and Resolution No. 538-00 Ordering bids and directing Clerk to advertise.
Seconded by Suo!. Motion carried 6-0.
Crescent Ridge - Request to Vacate: City Manager recommending that a public hearing be
set for November 20, 2000 to consider disposing of real property and Attorney David
Clemens, representing Larry and Sharon McDermott, requesting that a portion of Crescent
Ridge Road be vacated, upon motion received and filed. Suol moved adoption of Resolution
No. 539-00 Approving plat of survey of proposed vacated portion of Crescent Ridge Road
right-of-way. Seconded by Nicholson. Motion carried 6-0. Ordinance No. 98-00 Vacating
a portion of Crescent Ridge Road right-of-way, presented and read. Suol moved that the
requirement that a proposed Ordinance be considered and voted on for passage at two Council
Meetings prior to the meeting at which it is to be finally passed be suspended and further
moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion
carried 6-0. Suol moved adoption of Resolution No. 540-00 of Intent to dispose of City
interest in Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Iowa and further set this
for Public Hearing on 11/20/00 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
6-0.
At 9:46 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition (Iowa Code ~ 21 .5 (1 ) (cHj).
At 9:58 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:59 P.M.
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// Jeanne F. Schneider
G-/ City Clerk
1t 11 /1 6
9
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, NOVEMBER 6, 2000, AT 6:30 P.M., IN
THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY
PROPERLY COME BEFORE THE COUNCIL.
~ ~, 21wJ~~
MAYOR
11/6/00
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL A SPECIAL SESSION OF THE CITY
COUNCIL TO BE HELD ON MONDAY, NOVEMBER 20, 2000, AT 5:30 P.M., IN
THE LIBRARY AUDITORIUM FOR THE PURPOSE OF DISCUSSING THE PAPERLESS
AGENDA PROCESS
~~,\w.PzP~
MAYOR
10/24/00