02 15 99 Minutes this Meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 15, 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 A. 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 Father Dwayne Thoman, Spiritual Director of Wahlert High School.
PROCLAMATIONS -- Feb. 14-20 as "Business Professionals of America Week."
MINUTES SUBMITTED -- Cable Teleprogramming of 2-2; Electrical Code Bd. of 2-1; Housing
Commission Trust Fund Committee of 1-29 & 2-4; Human Rights Commission of 12-14; Long Range
Planning Advisory Commission of 1-20; Park & Recreation Commission of 1-12 & 2-9; Plumbing Board
of 2-2; Transit Board of 1-21; Zoning Board of Adjustment of 1-28, upon motion received and filed.
Investment Oversight Commission submitting their 23rd quarterly report, upon motion received and
filed.
Proofs of Publication on publishing council proceedings for meeting of 1-18-99; List of Claims and
Summary of Revenues for month ending December, 1998, upon motion received and filed.
Finance Director submitting Financial reports for month ending January, 1999, upon motion received
and filed.
NOTICES OF CLAIMS/SUITS - Emily Balis in est. amt. of $1882.69 for vehicle damages; Fred Brenke,
Jr. in unknown total amount for vehicle damages and personal injuries; Jack Crahan in amt. of
$1,407.04 for vehicle damages; Christina Schiessl in unknown amount for injuries; Terrence Schmidt
in est. amt. of $820.44 for vehicle damages; Jeff Vandermillen in amount of $4025.00 for vehicle
damages, upon motion referred to the 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: Property damage & cleanup costs of Doris
Anthony; Vehicle damage of Coca Cola Bottling Co., upon motion received and filed.
Corporation Counsel recommending denial of car damage claim of Scott Leibfried, upon motion
received and filed and approved denial.
Corporation Counsel recommending settlement of property damage claim of Joseph & Margaret Kemp
in amount of $20.00 and direct Finance Officer to issue check, upon motion received and filed and
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City Manager recommending acceptance of 1998 P.C. Concrete Paving Project, upon motion received
and filed. Voetberg moved adoption of: Resolution No. 67-99 Accepting Improvement for project;
Resolution No. 68-99 Approving final estimate in amount of $590,748.27; Resolution No. 69-99
Approval of Preliminary Schedule of Assessments for project. Seconded by Buo!. Motion carried 7-0.
City Manager recommending acceptance of Radford Road Reconstruction Project, upon motion
received and filed. Voetberg moved adoption of: Resolution No. 70-99 Accepting Improvement for
project; Resolution No. 71-99 Approving final estimate in amount of $1,503,381.49; Resolution No.
72-99 Approval of Preliminary Schedule of Assessments for project. Seconded by Buo!. Motion
carried 7-0.
City Manager recommending to proceed with voluntary annexation request of Patrick and Sandra
Welsh for property south to the future industrial park, or north to the Dubuque Industrial Center West,
upon motion received and filed and approved recommendation.
City Manager recommending approval of Residential Urban Revitalization applications, upon motion
received and filed. Voetberg moved adoption of: Resolution No. 73-99 Approving residential property
tax exemption applications in Urban Revitalization Areas;. Resolution No. 74-99 Approving Residential
Property Tax Exemption Applications submitted after the legislated filing date. Seconded by Buo!.
Motion carried 7-0.
City Manager recommending approval of Enterprise Zone Commission Membership for the City, upon
motion received and filed. Voetberg moved adoption of Resolution No. 75-99 Confirming membership
of Enterprise Zone Commission for the City of Dubuque. Seconded by Buo!. Motion carried 7-0.
City Manager recommending contribution of an additional $10,000 from Cable TV fund to Iowa League
of Cities in support to protect the rights of Iowa cities in their rights-of-way, upon motion received and
filed and approved recommendation.
City Manager recommending approval of an application for M1 08 Loan Guarantee for Eagle Window,
upon motion received and filed. Voetberg moved adoption of Resolution No. 76-99 Authorizing filing
of an application for $2.03 Million Loan Guarantee through Subpart M Section 108 of Community
Development Block Grant program to assist Eagle Window. Seconded by Buo!. Motion carried 7-0.
Human Rights Commission Chairperson requesting input comments regarding reactivation of the
concept of "Talk Circles" in the City, upon motion received and filed.
Voetberg moved adoption of Resolution No. 77-99 Accepting conveyance of property at 120 W. 4th St.
Seconded by Buo!. Motion carried 7-0.
Voetberg moved adoption of Resolution No. 78-99 Granting issuance of Cigarette License to Liquor
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Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of
Bids for the Construction of Westside Intake Replacement Project - 1999, upon motion received and
filed. Markham moved adoption of Resolution No. 85-99 Adopting Plans & Specs. for project.
Seconded by Robbins. Motion carried 7-0. City Manager recommending to award contract for bids,
upon motion received and filed. Markham moved adoption of Resolution No. 86-99 Awarding Contract
for project to Renaissance of Dubuque in the amount of $37,321.00. Seconded by Robbins. Motion
carried 7-0.
Proof of Publication on Notice of hearing to dispose of City property to Dubuque Lodging, Inc. d/b/a
Days Inn-Dubuque and City Manager recommending to approve sale of land, upon motion received and
filed. Voetberg moved adoption of Resolution No. 87-99 Approving sale of Lots 1, 1 A, 2 and 2A of
Watters Subdivision NO.2 to Dubuque Lodging, Inc. for amt. of cost of publication and filing fees.
Seconded by Buo!. Motion carried 7-0.
Proof of Publication on Notice of Hearing to dispose of Lot 2 of Finley Home Addition to Finley Hospital
and City Manager recommending approval of disposal, upon motion received and filed. Markham
moved adoption of Resolution No. 88-99 Approving disposal of City's interest in and approving an
"Option to Purchase" for Lot 2A of Finley Home Addition in the City in the amount of $5,000.
Seconded by Robbins. Motion carried 7-0.
Diane TeKippe requesting an Interpreter be available at Police Dept. for the hearing impaired and City
Manager recommending to continue with current practices, upon motion received and filed and
approved Manager's recommendation. Deb Herrig interpreted for Diane Tekippe in her request.
Atty. Arnold Van Etten, on behalf of Rockdale Cemetery Association, requesting Council approval to
abate the special assessment for the Kelly Lane project insofar as it relates to the Rockdale Cemetery
Association real estate (Deferred from meeting of 2-1-99), upon motion assessment reduced to $5.00.
Dennis Bradley, Pres. of the Rockdale Cemetery Assn. and Marian Williams spoke requesting
abatement of assessment.
City Manager recommending approval of 28E Agreement with Dubuque Community School District and
authorization to execute, upon motion received and filed and approved recommendation. Rhodes
"Bud" Isenhart spoke giving an update on proposed State legislation regarding monies school districts
will receive.
The following item was tabled from meeting of 2-15-99, now upon motion removed from the table. City
Manager submitting Ordinances providing for back-in angle parking in Fourth and Fifth Street; an
Ordinance Amending Code of Ordinances by deleting subsection (e) and adding new Subsections (e),
(f) and (g) to Section 32-263 relating to angle parking and adding portions of Fourth and Fifth Streets
for new subsection (f) and an Ordinance Adopting a new Section 32-271 in lieu thereof to the City Code
of Ordinances, upon motion tabled to the Council Meeting of 3-15-99.
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Ordinance on the 1 st day of March, 1999 at 7:00 p.rn. 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.
Zoning Advisory Commission advising of their approval to rezone property on Peru Road north of
Kennedy Court off Peru Rd. from AG to R-1 District (Tschiggfrie), upon motion received and filed. An
Ordinance Amending Zoning Map by reclassifying property located North of Kennedy Court and West
of Peru Road from AG Agricultural to R-1 Single-Family Residential District, presented and read.
Voetberg 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.
Seconded by Buo!. Motion carried 7-0. Voetberg moved that a Public Hearing be held on the proposed
Ordinance on the 1 st day of March, 1999 at 7:00 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.
Zoning Advisory Commission advising of their approval to rezone property at Southwest Corner of
Asbury Rd. and Northwest Arterial from C-3 and AG to PUD with PC designation (Jessie AnesilAldi
Inc.), upon motion received and filed. An Ordinance Amending Zoning Map by reclassifying property
located at Southwest corner of Asbury Road and the Northwest Arterial from C-3 General Commercial,
with conditions, and AG Agricultural to PUD Planned Unit Development District with a PC Planned
Commercial District designation and adopting a Conceptual Development Plan, with conditions,
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. Seconded by Robbins. Motion carried 7-0. Buol moved that a Public Hearing be held
on the proposed Ordinance on the 1 st day of March, 1999 at 7:00 p.m. in the Public Library Auditorium
and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion
carried 7-0.
Zoning Advisory Commission advising of their approval to rezone property adjacent to and West of
3939 Pennsylvania Ave. from R-1 to C-3 District. (East Dubuque Bancshares/Dubuque Assemblies of
God), upon motion received and filed. An Ordinance Amending Zoning Map by reclassifying property
located adjacent to 3939 Pennsylvania Avenue from R-1 Single-Family Residential District to C-3
General Commercial 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. Seconded by Robbins. Motion carried 7-0. Buol moved
that a Public Hearing be held on the proposed Ordinance on the 1 st day of March, 1999 at 7:00 p.m.
in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Seconded by Robbins. Motion carried 7-0.
Zoning Advisory Commission advising of their approval to amend PC district for property at 255 J.F.
Kennedy Road to allow freestanding signs (Kieffer & Co., Inc./ShopKo), upon motion received and filed.
An Ordinance Amending Zoning Ordinance by enacting a new Section 2.E(1) in lieu thereof pertaining
to freestanding signage of the PC Planned Commercial District located at 255 John F. Kennedy Road,
presented and read. Buol moved that the requirement that a proposed Ordinance be considered and
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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, FEBRUARY 15,
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.
2-15-99