11 20 00 Minutes this Meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 20,2000
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 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 Council.
Invocation was given by Father Craig Welbaum, Pastor of St. John's Episcopal Church.
Proclamation: Thanks and Gratitude to Sister Mary Martensen received by her sister, Betty
Mauser.
William McNarney, Department of Housing and Urban Development, presented two "Best
Practices" Award to the Housing Services Department.
Minutes Submitted: Environmental Stewardship Advisory Commission of 11/7; Historic
Preservation Ordinance Task Force of 11/2; Housing Commission Trust Fund Committee of 11/2;
Housing Code Appeals Board of 10/17; Human Rights Commission of 10/9; Investment Oversight
Advisory Commission of 10/16; Zoning Board of Adjustment of 10/26, upon motion received and
filed.
Investment Oversight Commission Quarterly Report, upon motion received and filed.
Finance Director Kenneth TeKippe submitting the financial reports for month ending October 31,
2000, upon motion received and filed.
Proof of Publication of Council Proceedings for 10/16; List of Claims and Summary of Revenues
for Month Ending 10/30/00, upon motion received and filed.
Notice of Claims/Suits: Grace Brade in undetermined amount for personal injuries; Florence Hird
in estimated amount of $59.15 for property damage; Geri Ryan in undetermined amount for
personal injuries; Kristen Smith in estimated amount of $2,606.53 for vehicle 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: Shirley Elliott for personal injuries;
Dorothea Tschiggfrie for property damage, upon motion received and filed and concurred with the
referrals.
Plumbing Board: Building Services Manager Rich Russell advising of an upcoming vacancy
(Leonard Rhomberg) on the Plumbing Board, upon motion received and filed.
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Section 8 Staffing Request: City Manager recommending approval of increasing the part-time
secretarial position in the Housing Services Section 8 Activity to full-time status, upon motion
received and filed and concurred with the recommendation.
1999 Sidewalk Assessment Project: City Manager recommending approval of the final special
assessment schedule for the 1999 Sidewalk Inspection Program, upon motion received and filed.
Buol moved adoption of Resolution No. 541-00 Adopting the final assessment schedule for 1999
sidewalk repairs 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 Nicholson. Motion carried 7-0.
Elm Street Sanitary Sewer Reconstruction Project - Acceptance: City Manager recommending
acceptance of the Elm Street Sanitary Sewer Reconstruction Project in the final amount of
$109,510.43, upon motion received and filed. Buol moved adoption of Resolution No. 542-00
Accepting improvement for project and Resolution No. 543-00 Approving final estimate in amount
of $109,510.43. Seconded by Nicholson. Motion carried 7-0.
Fengler and Kerper Intersection Project - Acceptance: City Manager recommending acceptance
of the Fengler and Kerper Intersection Project in the final amount of $288,346.16, upon motion
received and filed. Buol moved adoption of Resolution No. 544-00 Accepting improvement for
project and Resolution No. 545-00 Approving final estimate in amount of $288,346.16. Seconded
by Nicholson. Motion carried 7-0.
Sanitary Sewer Reconstruction Project - Alley Between Rhomberg and Garfield - Acceptance:
City Manager recommending acceptance of the Sanitary Sewer Reconstruction Project in the Alley
between Rhomberg and Garfield in the final amount of $109,137.08, upon motion received and
filed. Buol moved adoption of Resolution No. 546-00 Accepting improvement for project and
Resolution No. 547-00 Approving final estimate in amount of $109,137.08. Seconded by
Nicholson. Motion carried 7-0.
Cox Street Storm Sewer Rehabilitation Project - Acceptance: City Manager recommending
acceptance of the Cox Street Storm Sewer Rehabilitation Project in the final amount of $37,899.40,
upon motion received and filed. Buol moved adoption of Resolution No. 548-00 Accepting
improvement for project and Resolution No. 549-00 Approving final estimate in amount of
$37,899.40. Seconded by Nicholson. Motion carried 6-0.
Adams Addition Sanitary Sewer Extension - Acceptance: City Manager recommending
acceptance of the Adams Addition Sanitary Sewer Extension Project in the final amount of
$52,622.24 and approval of the final assessment schedule, upon motion received and filed. Buol
moved adoption of: Resolution No. 550-00 Accepting improvement for project; Resolution No. 551-
00 Approving final estimate in amount of $52,622.24; Resolution No. 552-00 Adopting the final
assessment schedule for Adams Addition Sanitary Sewer Extension including certain information
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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 Nicholson. Motion carried 7-0.
Discovery Center Parking Lot Removal Project - Acceptance: City Manager recommending
acceptance of the Discovery Center Parking Lot Removal Project in the final amount of $13,371,
upon motion received and filed. Buol moved adoption of Resolution No. 553-00 Accepting
improvement for project and Resolution No. 554-00 Approving final estimate in amount of $13,371.
Seconded by Nicholson. Motion carried 7-0.
Miller Road Sanitary Sewer Extension Project - Acceptance: City Manager recommending
acceptance of the Miller Road Sanitary Sewer Extension Project in the final amount of $64,174.30
and approving the final assessment schedule, upon motion received and filed. Buol moved
adoption of: Resolution No. 555-00 Accepting improvement for project; Resolution No. 556-00
Approving final estimate in amount of $64,174.30; Resolution No. 557-00 Adopting the final
assessment schedule for Miller Road Sanitary Sewer Extension 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 Nicholson. Motion carried 7-0.
John F. Kennedy Road - Acquisition Plat Approval: City Manager recommending approval of an
acquisition plat for a right-of-way on John F. Kennedy Road on land owned by the City of Dubuque,
upon motion received and filed. Buol moved adoption of Resolution No. 558-00 Approving
acquisition plat for widening of John F. Kennedy Road. Seconded by Nicholson. Motion carried
7-0.
Project Concern Para-Transit Contract - Fiscal Year 2001: City Manager recommending approval
of a Project Concern Para-Transit Agreement with Keyline for Fiscal Year 2001, upon motion
received and filed and concurred with recommendation.
Notice of Expiration of Right of Redemption: Notice from Eric Stierman, Dubuque County
Treasurer, regarding the Notice of Expiration of Right of Redemption on tax sale property, upon
motion received and filed.
Business Licenses: Buol moved adoption of: Resolution No. 559-00 Granting issuance of a
permit to sell Cigarettes and Cigarette Papers to Jorja's Restaurant & Lounge; Resolution No.
560-00 Granting issuance of Class "C" Beer Permit to Kwik Stop Food Mart on University and Kwik
Stop Food Mart on John F. Kennedy Road; Resolution No. 561-00 Granting issuance of Class "C"
Beer/Liquor Permit to Mario's Italian Restaurant; The Tollbridge; and Jorja's Restaurant and
Lounge. Seconded by Nicholson. Motion carried 7-0.
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BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the following
Commission.
Housing Commission (Section 8) - Applicants: Jeremy Austin; Kris Erickson; Joe Hopkins; Denise
Miller; John Plein. Kris Erickson and Joe Hopkins spoke requesting consideration for appointment.
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council
if they so desire.
PUBLIC HEARINGS
2120 John F. Kennedy Road - Molo Big 10 Mart - Request to Rezone: Proof of publication on
notice of hearing to consider rezoning property located at 2120 John F. Kennedy Road from C-2
Neighborhood Shopping Center District to C-3 General Commercial District; Communication from
Steve Gorius, Molo Big 10 Mart, requesting that Council approve the rezoning; and an Ordinance
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 2120 John F. Kennedy Road from C-2
Neighborhood Shopping Center District to C-3 General Commercial District, upon motion referred
back to the Zoning Advisory Commission.
2100 Asbury Road - Marty and Nancy McNamer - Request to Rezone: Proof of publication on
notice of hearing to consider rezoning property located at 2100 Asbury Road from ID Institutional
District to OS Office Services District, upon motion received and filed. Marty McNamer, 1199
Hunter's Ridge, spoke requesting the rezoning. Ordinance No. 99-00 Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter
described property located at 2100 Asbury Road from ID Institutional District to OS Office Services
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 further moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion carried 7-0.
Dubuque Yacht Basin, Inc. - Request to Rezone: Proof of publication on notice of hearing to
consider rezoning the Dubuque Yacht Basin, Inc., property located at Bissell Harbor, Schmitt
Harbor from HI Heavy Industrial District to CR Commercial Recreation District, upon motion
received and filed. Helen Shanley of the Dubuque Yacht Basin spoke explaining the request for
the rezoning. Ordinance No. 100-00 Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by reclassifying hereinafter described property located at Schmitt
Harbor from HI Heavy Industrial District to CR Commercial Recreation District, 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 7-0.
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Southwest Arterial - Development Moratorium: Proof of publication on notice of hearing to consider
a text amendment to the Zoning Ordinance and City Manager recommending approval of an
amendment to the Building Code regarding a development moratorium in the proposed Southwest
Arterial Corridor. upon motion received and filed. Attorney Bill Maiers, representing Bill & Janet
Siegert, spoke stating they are withdrawing their resistance. Ordinance NO.1 01-00 Amending
Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by
adding Section 11-58.3, establishing a moratorium for permit applications in the Southwest Arterial
Corridor; Ordinance No. 102-00 Amending Appendix A (Zoning Ordinance) of the City of
Dubuque Code of Ordinances by amending Section 4-4.2 regarding site plans, and by amending
Section 6-1-5.5 regarding rezonings, to establish a moratorium for site plan and rezoning
applications in the Southwest Arterial Corridor; Ordinance No. 103-00 Amending Chapter 42
(Subdivision Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16,
to establish a moratorium for subdivision plats in the Southwest Arterial Corridor, presented and
read. Robbins moved that the requirement that the proposed Ordinances be considered and
voted on for passage at two Council Meetings prior to the meeting at which they are to be finally
passed be suspended and further moved final consideration and passage of the Ordinances.
Seconded by Markham. Motion carried 7-0.
Fischer Cold Storage Warehouse Asbestos Abatement Project: Proofs of publication on notice
of hearing on plans and specs and notice to bidders on the receipt of bids for the Fischer Cold
Storage Warehouse Asbestos Abatement Project and City Manager recommending to award
contract for project to Advanced Technologies Corporation in the amount of $3,200, upon motion
received and filed. Buol moved adoption of Resolution No. 562-00 Adopting plans and specs for
project and Resolution No. 563-00 Awarding contract. Seconded by Nicholson. Motion carried
7-0.
Crescent Ridge - Request to Vacate: Proof of publication on notice of hearing to consider
disposing of interest in Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Iowa and City
Manager recommending disposal of the property to McDermott Real Estate, upon motion received
and filed. Robbins moved adoption of Resolution 564-00 Disposing of City interest in Lot F of
Mineral Lots 232 and 291, in the City of Dubuque, Iowa. Seconded by Michalski. Motion carried
7-0.
Upon motion the rule was reinstated limiting discussion to the Council.
ACTION ITEMS
Freedom, Inc.lSalina Street Reconstruction Project: Communication from Brian J. Kane,
representing Freedom, Inc., requesting that their assessment for the Salina Street Reconstruction
Project be reconsidered, upon motion received and filed. Attorney Brian Kane spoke requesting
reconsideration.
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Southern Hills Subdivision in Dubuque County - Final Plat: City Manager recommending approval
of the final plat of Lots 30-61, inclusive, of Southern Hills Subdivision in Dubuque County, upon
motion received and filed. Robbins moved adoption of Resolution No. 565-00 Approving the final
plat of Lots 30-61, inclusive, of Southern Hills Subdivision as comprised of Lot E of Southern Hills
Subdivision. Seconded by Markham. Motion carried 7-0.
Crescent Heights Subdivision - Final Plat: City Manager recommending approval of the final plat
of Crescent Heights Subdivision, upon motion received and filed. Robbins moved adoption of
Resolution No. 566-00 Approving the final plat of Lots 1 thru 42 inclusive, of Block 1, Lots 1 thru
10 inclusive of Block 2, Lots 1 thru 22 inclusive, of Block 3 and Lots A, B, C, D, and E of Crescent
Heights Subdivision in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Elected Officials Compensation Task Force: Council discussion on appointments to the Elected
Officials Compensation Task Force. Upon motion it was resolved that all of the Council Members
choose an individual to be part of the Elected Officials Compensation Task Force, and those
individuals to be: Katie Krieg, Jerry Westmeyer, Jr., Teri Goodmann, Ken Hansen, Judie
Fjellman, Dave Baker and Dan White and that a recommendation be made before the end of
January.
COUNCIL MEMBER REPORTS: Nicholson reported that he had been asked to fill an open seat
on the Project Concern Board of Directors. Consensus of the Council was that this would be
appropriate. Nicholson reported that a voting delegate needed to be selected for the NLC Meeting
in December. Michalski moved that Nicholson be the voting delegate. Seconded by Buo!'
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Request to Vacate - Lloyd Gudenkauf: City Manager recommending that a public hearing be set
for December 4, 2000, to consider disposing of interest and to vacate a utility easement over Lot
1 Block 4 of Patricia Ann Acres at the request of Lloyd Gudenkauf, and Lloyd S. Gudenkauf
requesting vacation of an easement for utilities on the westerly lot line of Lot 1, Block 4 of Patricia
Ann Subdivision, upon motion received and filed. Buol moved adoption of Resolution No. 567-00
of Intent to dispose of interest and vacate utility easement over Lot 1 Block 4 Patricia Ann Acres
in the City of Dubuque, Iowa, Dubuque County, Iowa and further set this for Public Hearing on
12/4/00 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 Cline. Motion carried 7-0.
Demolition of Fischer Cold Storage Warehouse: City Manager submitting documents providing
for demolition of the Fischer Cold Storage Warehouse and setting a public hearing for December
18, 2000, upon motion received and filed. Michalski moved adoption of: Resolution No. 568-00
Preliminary approval of plans and specs for project; Resolution No. 569-00 Fixing date of hearing
on plans and specs for December 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. 570-00 Ordering bids
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and directing Clerk to advertise. Seconded by Robbins. Motion carried 7-0.
North Grandview at Delhi Project - Acceptance and Public Hearing: City Manager recommending
acceptance of the concrete repairs on the North Grandview at Delhi Project in the final amount of
$124,337.05 and setting a public hearing for December 18, 2000 to consider the final schedule of
assessments, upon motion received and filed. Markham moved adoption of: Resolution No. 571-
00 Accepting improvement for project; Resolution No. 572-00 Approving final estimate in amount
of $124,337.05; Resolution No. 573-00 Fixing date of hearing on Resolution of Necessity for
12/18/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the
manner prescribed by law; Resolution No. 574-00 Fixing Date of Hearing on Resolution of
Necessity. Seconded by Robbins. Motion carried 7-0.
Residential Parking Permit District "C" - Senior High School Area: City Manager recommending
that a public hearing be set for December 4, 2000 on a proposed amendment to Residential
Parking Permit District "C" on portions of North Grandview and Rosedale Street, upon motion
received and filed. Robbins moved adoption of Resolution No. 575-00 Setting a public hearing on
amending Residential Parking Permit District "C" as defined by Section 32-395 of the Code of
Ordinances to include parts of North Grandview Avenue and Rosedale Street for 12/4/00 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 Markham. Motion carried 7-0.
At 7:59 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition (Iowa Code 921.5(1 )(c)U).
At 9:39 P.M., Council reconvened Regular Session stating that Staff had been given direction.
There being no further business, upon motion meeting adjourned at 9:40 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 11/29
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