01 04 99 Minutes this Meeting
CITY OF DUBUQUE, IOWA
OFFICIAL COUNCIL PROCEEDINGS
City Council, Regular Session, January 4, 1999
Council met at 7:00 P.M. Public Library Auditorium
Present-Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins,
Voetberg. 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 to act upon such business which may properly come before the Council.
Invocation was given by Rev. Ron Schardt of Wartburg Theological Seminary.
MINUTES SUBMITTED -- Airport Commission of 8-17, 9-10, 9-21, 9-22, 10-13, 10-19 & 11-
16; Human Rights Commission of 11-9; Library Board of Trustees of 11-19 and Proof of
Publication certified to by the Publisher on publishing council proceedings for meeting of 12-7-
98, upon motion were received and filed.
NOTICE OF CLAIMS/SUITS -- Louis Lugrain submitting claim for labor and materials
according to a contract with McGill Restoration; Richard Meehan in amount of $298.15 for
vehicle damages; Michael Joseph Shaffer in total amount of $200,000.00 for personal injuries
and related incidence; Doug Shinkunas in amount of $140.00 for parking fines and
impoundment; Ms. Lois Westemier in total amount of $982.80 for personal injuries upon
motion were referred to Legal Staff for investigation and report.
Corporation Counsel advising following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vehicle damage of
Daniel R. Starkey, Personal injury of Medical Associates Health Plans (Sarah A. Hickey), upon
motion received and filed. Corporation Counsel recommending denial of Parking tickets and
impoundment of vehicle claim of Doug Shinkunas, upon motion denial was approved.
Corporation Counsel recommending settlement of vehicle damage of Kim M. Eppler in amount
of $264.75 and direct Finance Director to issue check, upon motion recommendation
approved.
HUD expressing appreciation for timely submission of the Grantee Performance Report (GPR) .',~=
for the 1994 Disaster Recovery Assistance Program; HUD submitting Consolidated End-of-
Year Review - Program Year 1997 and commending the City on various accomplishments
realized this year, particularly in the area of housing and in the timely utilization of funds;
lOOT submitting notification that they propose to let a U.S. 20 bridge repair project within the
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City at the Julien Dubuque Bridge over the Mississippi River on February 16, 1999, upon
motions were received and filed.
City Manager recommending approval of application to IDEO for HOME Investment
Partnership Program funding, upon motion received and filed. Council Member Voetberg
moved adoption of Resolution No. 1-99 Authorizing the Mayor to execute an application to
participate in the Iowa HOME Investment Partnership Program. Seconded by Council
Member Buo!. Approved 7-0.
City Manager recommending approval from APEX Environmental to install monitoring wells
upon motion received and filed. Council Member Voetberg moved adoption of Resolution No.
2-99 Authorizing License Agreement between the City and APEX Environmental to install
monitoring wells on public right-of-way at 198 Locust S1. Seconded by Council Member Buo!.
Approved 7-0.
City Manager recommending approval of Plat of Survey of Radford Rd. upon motion was
received and filed. Council Member Voetberg moved adoption of Resolution No. 3-99
Approving plat of survey of portion of Radford Road right-of-way. Seconded by Council
Member Buo!. Approved 7-0.
City Manager recommending approval of replatting for Airport Road Subdivision upon motion
received and filed. Council Member Voetberg moved adoption of Resolution No. 4-99
Approving plat of proposed Airport Road Subdivision. Seconded by Council Member Buo!.
Approved 7-0.
City Manager recommending acceptance of Improvements in Lots 7, 8, 9 & 0 in Westmark
upon motion received and filed. Council Member Voetberg moved adoption of Resolution No.
5-99 Accepting improvements in Westmark Subdivision. Seconded by Council Member Buo/.
Approved 7-0.
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City Manager recommending acceptance of Improvements to Edwards Road upon motion
received and filed. Council Member Voetberg moved adoption of Resolution No. 6-99
Accepting improvements to Edwards Road. Seconded by Council Member Buo/. Approved 7-
O.
Council Member Voetberg moved adoption of Resolution No. 7-99 Granting issuance of
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Cigarette License to KWIK Stop at 280 Locust St.; Resolution No. 8-99 Granting issuance of
Class liB" Beer Permit to Local 94 UAW and Class "C" Beer Permits to lOCO Speede Shoppe
#33 and KWIK Stop Food Mart; Resolution No. 9-99 Granting issuance of Class "C" Liquor
License to A & B Tap, Holiday Inn 5 Flags and Class liB" Wine Permit to Dubuque Religious
Center. Seconded by Council Member Buo!' Approved 7-0.
APPOINTMENTS TO HUMAN RIGHTS COMMISSION - Applicants - Kathy Blau, Thomas
Determan, Rev. Kris Kincaid, Katherine Stevens, Ruby Sutton. Upon nominations, Kathy
Blau, Thomas Determan and Ruby Sutton were reappointed to three year terms to expire 1-1-
2002.
Upon motion rules were suspend to allow individuals to address the Council.
Proof of Publication, certified to by the Publisher on Notice of Public Hearing to consider
reclassifying property located at Southwest Corner of the Northwest Arterial and Asbury Road
from AG and C-3 to PUD with PC and PR District Regulations (QHQ Properties); Petition
containing 16 signatures (residents of Wild Flower Dr., Gabriel Dr. and High Cloud Dr.
objecting to rezoning of property south of Asbury Rd and west of the Northwest Arterial;
Petition of 95 signers objecting to rezoning; Bob & Linda Schmidt objecting to proposal by
QHQ Properties/Mike Quagliano to rezone property; Ron Paisley objecting to rezoning
proposal; Steven M. Sanders, Ann & Jeff Liddle and Paul Engelberth objecting to rezoning as
proposed; Communications sent to Council Member Nicholson objecting to proposed plans
from Virgil Nauman, M. Janice Giesler, Dave Schroeder, Tom Schroeder, Pat Schroeder,
Kenneth Brown, Lucille Giesler and Steven & Cynthia Redman; Larry Weitz Sign Systems Inc.
and Gen Bird Sign requesting reconsideration on redevelopment plan and adopt the C3 sign
regulations as the governing doctrine; Petition with 132 signers requesting denial of another
access to the arterial; Tom Schroeder objecting to proposed rezoning as requested by QHQ
Properties, upon motion were received and filed. Petition containing 360 signatures (183 of
which are City residents) approving the rezoning request, upon motion was received and filed.
Mike Quagliano, Developer for property, addressed the Council requesting approval of plan as
presented. Following addressed the Council voicing their objections to the proposed plans:
Duane Geisler, Bob Schmidt, John Youngbluth, Tom Schroeder, Ron Paisley, Becky Wall and
Steve Sanders. Planning Services Manager advising opposition to PUD request of QHQ
Properties totals over 20%, therefore, 3/4 vote of Council is now required for adoption, upon
motion was received and filed. Council Member Nicholson moved final adoption of an
Ordinance Amending Zoning Map by reclassifying property located at Southwest corner of the
Northwest Arterial and Asbury Road from AG Agricultural District and C-3 General Commercial
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District, with conditions, to PUD Planned Unit Development District with PC Planned
Commercial District and PR Planned Residential District designations and adopting a
Conceptual Development Plan, with conditions (1st & 2nd readings given on 12-21-98).
Seconded by Council Member Michalski. Motion was voted down by vote of 7-0. (Rezoning
Denied).
Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider
reclassifying property located at 35 North Booth Street (the existing YMCA-YWCA Building)
from OR to OS and area from R-1 to OS District. (YMCA-YWCA), upon motion received and
filed. Council Member Buol moved final adoption of Ordinance No. 1-99 Amending Zoning
Map by reclassifying property located at 35 North Booth Street (the existing YMCA-YWCA
Building) from OR Office Residential District to OS Office Service District and West and East
of the YMCA-YWCA Building from R-1 Single-Family Residential District to OS Office Service
District, (1 st & 2nd readings given on 12-21-98). Seconded by Council Member Voetberg.
Approved 7-0.
Proof of Publication certified to by the Publisher, on Notice of Public Hearing to reclassify
property North of 2275 Elm Street from R-2A to CS District (Todd Schmitz), upon motion
received and filed. Council Member Robbins moved final adoption of Ordinance No. 2-99
Amending Zoning Map by reclassifying property located North of 2275 Elm Street (Lot 2 of
Ambling Subdivision) from R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District (1st & 2nd readings given 12-21-98). Seconded by Council
Member Nicholson. Carried by the following vote: Yeas-Mayor Duggan, Council Members
Buol, Markham, Nicholson, Robbins, Voetberg. Nays-Council Member Michalski.
Proof of Publication certified to by the Publisher on Notice of Public Hearing to amending
Zoning Ordinance establishing regulations for placement of towers and antennas, upon motion
received and filed. Council Member Voetberg moved final adoption of Ordinance Amending
the Zoning Ordinance (Appendix A of City Code of Ordinances) by adding a Section 4-9 to
establish regulations for the placement of Towers and Antennas (1 st & 2nd readings. given on
12-21-98). Seconded by Council Member Nicholson. Approved 7-0.
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Communication of Joel Morris, on behalf of the Board of Education of the Dubuque
Community School District, requesting Tim Hodge, President of the Board of Education be
allowed to address the Council to consider the development of a 28E Agreement between the
City and School District to share the proceeds from a proposed Local Option Sales and
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Services Tax was presented. Mr. Hodge addressed the Council indicating the election for a
1 % tax for property tax relief was to be held in May with a 10 year limit on the tax. Upon
motion it was resolved that the communication be received and filed and Staff directed to work
with appropriate School District Staff to prepare 28E Agreement. Communications from
Donna Bauerly and Parker Bauer, Dubuque Community School District Board Members
supporting the development of a 28E Agreement between City and School on proposed Local
Option Sales and Services Tax.
Council appointed City Manager Michael Van Milligen or his designee as their representative
on the Enterprise Zone Commission.
City Manager requesting a public hearing be set for Feb. 15, 1999 to consider disposing of
property in Urban Renewal District to Eagle Window & Door upon motion received and filed.
Council Member Voetberg moved adoption of Resolution NO.1 0-99 Adopting minimum
requirements, competitive criteria, disposing of Urban Renewal property etc. to Eagle Window
& Door and setting public hearing for February 15, 1999. Seconded by Council Member Buo/.
Approved 7-0.
City Manager requesting a public hearing be set for Feb. 15, 1999 to consider property
exchange on Kerper Boulevard with John P. Michalakis and Richard L. Billmeyer upon motion
received and filed. Council Member Buol moved adoption of Resolution No. 11-99 Adopting
minimum requirements, competitive criteria, disposing of Urban Renewal property to John P.
Michalakis and Richard L. Billmeyer and setting public hearing for Feb. 15, 1999. Seconded
by Council Member Markham. Approved 7-0
At 9:00 P.M. Council Member Michalski moved to go into Closed Session In accordance with
Chapter 21.5 1.0) To discuss the purchase of particular real estate where premature
disclosure could be reasonably expected to increase the price the governmental body would
have to pay for that property. Seconded by Council Member Buo/. Approved 7-0.
Council reconvened at 9:25 P.M. and stated that Staff had been given direction regarding
acquisition of real estate.
There being no further business, upon motion meeting adjourned at 9:36 P.M.
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Mart' A. Davis CMC
City Clerk
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TO: MARY A. DAVIS
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION
OF THE CITY COUNCIL TO BE HELD ON MONDAY, JANUARY 4,
1999 AT 7:00 O'CLOCK P.M. IN THE PUBLIC LIBRARY AUDITORIUM
FOR THE PURPOSE TO ACT UPON SUCH BUSINESS WHICH MAY
PROPERLY COME BEFORE THE COUNCIL.
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1-4-99