03 15 99 Minutes
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, March 15, 1999, 5:30 P.M., Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins,
Voetberg.
There was a discussion on the Design and Reconstruction of 8th St. Between Locust St. and Iowa
St. and the Improvement of the Main Street Streetscape from Ninth St. to Fifth St.
7ft d~
Ma~aViS CMC
City Clerk
####################################################
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 15, 1999
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.
Wayne Whitten baugh, Pastor of the Apostolic Christian Church, gave the Invocation.
PROCLAMATIONS -- Mar. 14 - 20 as "Older Workers Employment Week" received by Janeen
Kaufmann; March as "Mental Retardation Awareness Month" received by Kay Sendt; Mar. 28 - Apr.
3 as "Community Development Week."
MINUTES SUBMITTED -- Cable Teleprogramming of 3-2; Community Development Commission
of 10-20 & 11-17; Electrical Code Board of 3-1; Enterprise Zone Commission of 2-8; Housing
Commission of 2-9; Housing Commission Trust Fund Committee of 2-25; Historic Preservation
Commission of 1-28; Long Range Planning Commission of 2-24; Plumbing/Mechanical Boards of
2-23; Zoning Advisory Commission of 3-3; Zoning Board of Adjustment of 2-25, upon motion
received and filed.
Proofs of Publication on Notice of publishing Council proceedings for meetings of 2-1, 2-15 & 2-18;
AND List of Claims & Summary of Revenues for month of January, 1999, upon motion received and
1
filed.
Finance Director submitting Financial Reports for month ending Feb. 28, 1999, upon motion received
and filed.
Swiss Valley Farms submitting audit report for their fiscal year ending September 30, 1998. (Copy
of audit on file in the City Clerk's Office), upon motion received and filed.
NOTICES OF CLAIMS/SUITS: Bonnie Charboneau in amount of $600.00 for vehicle damages; Judy
Healy in amount of $90.88 for tire damage; Rita Reiser in unknown amount for personal injuries; Patti
Schmitz in unknown amount for personal injuries, 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: Vehicle damage of B.F.1. Waste Systems
of North America; Personal injury of Ricky Eugene Meyer; Vehicle damage of Thomas O. Nesler;
Personal injury of Bernadine A. Schmid, upon motion received and filed.
Corporation Counsel recommending settlements of property damage claim of Dr. & Mrs. William J.
Dall in amount of $60.15 and Vehicle damage of Timothy H. Kelly in amount of $208.11 and Finance
Director to issue proper checks, upon motion received and filed and approved settlements with
Finance Director to issue proper checks.
Corporation Counsel advising of forwarding Ronda L. and Paul Kirkegaard claim to Les Reddick,
Esq., for a defense, upon motion received and filed.
Harold McMahon suggesting Rosedale Ave. from West Locust Street to Grandview be re-named
"East Rosedale Avenue" and that Rosedale from Avoca Street to Asbury Road be re-named "West
Rosedale Avenue," upon motion referred to the City Manager and Staff.
Voetberg moved adoption of Resolution No. 120-99 Accepting the deed from Elizabeth A. Takes for
property at 503 East 22nd St. Seconded by Buo!' Motion carried 7-0.
Mike Strader requesting to purchase a portion of city property located in the southern portion of the
AP Woods Addition (includes Williams Street and the strip north of Williams St., which is owned by
the City), upon motion received and filed and referred to the City Manager and Staff.
Zoning Advisory Commission advising of their approval of plat for Warren and Robin Amling - 2274
Washington St., upon motion received and filed. Voetberg moved adoption of Resolution No. 121-
99 Approving the plat of subdivision of Lots 1 and 2 of Warren and Robin Amling Subdivision in the
City. Seconded by Buo!' Motion carried 7-0.
Zoning Advisory Commission advising of their approval of plat of Tim Widmeier - 775 Gillespie
2
Street, upon motion received and filed. Voetberg moved adoption of Resolution No. 122-99
Approving survey plat of Widmeier Place in the City. Seconded by Buo/. Motion carried 7-0.
Zoning Advisory Commission advising of their approval of plat for Charles Burkhart - 3347, 3349 &
3359 Center Grove Drive, upon motion received and filed. Voetberg moved adoption of Resolution
No. 123-99 Approving survey plat of Lot 1 of Center Grove School Addition in the City. Seconded
by Buo/. Motion carried 7-0.
Zoning Advisory Commission advising of their approval of Preliminary Plat of Forest Ridge Estates _
Woodview Drive in Barrington Lakes Subdivision (County), upon motion received and filed.
City Manager recommending to approve 2nd amendment to Development Agreement for ADC
Properties, L.C. and Advanced Data-Comm, Inc., upon motion received and filed. Voetberg moved
adoption of Resolution No. 124-99 Approving Second Amendment to Development Agreement
between City, ADC Properties, L.C. and Advanced Data-Comm, Inc. Seconded by Buo/. Motion
carried 7-0.
City Manager recommending to proceed with issuance of Urban Renewal Tax Increment Revenue
Bonds for ADA Properties" L.C/Advanced Date-Comm, Inc., upon motion received and filed.
Voetberg moved adoption of Resolution No. 125-99 Authorizing and providing for the issuance of
$900,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Series 1999A, and providing for
the securing of such bonds for the purpose of carrying out an Urban Renewal project in the area of
the City designated as the Dubuque Industrial Center/South Economic Development District.
Seconded by Buo/. Motion carried 7-0.
City Manager recommending approval of CEBA application for Cigna Corp. parent company of
Trilog, Inc., upon motion received and filed. Voetberg moved adoption of Resolution No. 126-99
Authorizing filing of a Community Economic Betterment Account application on behalf of Cigna Corp.
Seconded by Buo/. Motion carried 7-0.
City Manager recommending approval to file for a Highway Safety Grant in the amount of $9,000,
upon motion received and filed and approved recommendation.
City Manager recommending approval of sub-lease for City land leased by Dubuque Yacht Basin,
Inc. to Michael E. Welch, d/b/a Tugboat Willy's Inc., upon motion received and filed and approved
recommendation.
City Manager recommending acceptance of construction of roadway improvements for Dubuque
Industrial Center/South, upon motion received and filed. Voetberg moved adoption of Resolution
No. 128-99 Accepting Improvement for project and Resolution No. 129-99 Approving final estimate
in amount of $1,002,448.10. Seconded by Buo/. Motion carried 7-0.
City Manager recommending City enter into a contract with Northeast Iowa Small Business
3
Development Center to provide Fourth Entrepreneurship Training Course through the City's
Enterprise Opportunity Program, upon motion received and filed. Voetberg moved adoption of
Resolution No. 139-99 Approving Contract for services with Northeast Iowa Small Business
Development Center. Seconded by Buo!. Motion carried 7-0.
Voetberg moved adoption of Resolution No. 130-99 Granting issuance of Class "B" Beer Permit to
8th Inning L.L.C. and Resolution No. 131-99 Granting issuance of Class "B" Liquor License to
Redstone Inn; Class "C" Liquor License to Yardarm and P.J.'s. Seconded by Buo!. Motion carried
7-0.
BOARDS AND COMMISSIONS:
ZONING BOARD OF ADJUSTMENT:
One Five Year term which will expire 3-25-00 (term of Gasper). Applicants: William Gasper and Carl
Scherbring. Individuals are invited to address the Council to express their desire to serve. No one
spoke.
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council
if they so desire.
Proof of Publication on Notice of Public Hearing to reclassify property at 4100 Asbury Road from AG
to C-2 District (Tim Hilby), upon motion received and filed. Tim and Sara Hilby spoke requesting
rezoning. Ordinance No. 21-99 Amending Zoning Map by reclassifying property located at 4100
Asbury Road from AG Agricultural District to C-2 Neighborhood Shopping Center District, said
Ordinance denied by Zoning Commission, first and second readings given 2-15-99, now presented
for final action. Buol moved final consideration and passage of the Ordinance. Seconded by
Robbins. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to reclassifying property located on Highway 20
West from County AG to C-3 District, concurrent with annexation, and Communication of Wm. and
Janet Siegert requesting their property be rezoned to C-3 with no restrictions or special
considerations and therefore would agree to voluntary annexation (Request to address the Council
if they choose), upon motion received and filed. William Siegert spoke requesting rezoning and that
there be no special conditions at this time. Ordinance No. 22-99 Amending Zoning Map by
reclassifying property located on Highway 20 West from Dubuque County A-1 Agricultural District
to City's C-3 General Commercial District, concurrent with annexation, with first and second
readings given on 3-1-99, now presented for final action. Markham moved final consideration and
passage of the Ordinance, as amended. Seconded by Voetberg. Motion carried 7-0.
Proof of Publication on Notice to consider annexation of land in Highway 20 Corridor from Northwest
Arterial west to the Landfill Entrance Road and Cottingham Road, Petitions of Dubuque Metropolitan
Area Solid Waste Agency, Paul W. and Jayne H. Cate and Wm. & Janet Siegert requesting voluntary
annexation into the City; Petition of Patrick & Sandra Welsh requesting voluntary annexation and
4
requesting to hook onto the city water supply; and City Manager advising effective April 1, the
Welshes will have access to City water, upon motion received and filed. John Riley of Riley
Development spoke expressing concerns with the timing of the annexation and requesting
postponement until the SW Arterial Study is finalized. Rod Christ, Richard Kelly, and Vern Sindt all
spoke objecting to annexation at this time. Dick McFadden and Walter McFadden spoke of delayed
City service extensions in past annexations. Voetberg moved adoption of Resolution No. 132-99
Annexing approximately 1,061 acres in an area known as the Highway 20 Annexation Plan
(Voluntary annexation is for 288 acre City Industrial Park on Cousins Road, 348 acre landfill
property, 105 acre Cate farm, 179 acre Wm. & Janet Siegert farm and 0.5 acre Welsh residence on
Old Highway Road - 95 acres of land is considered involuntary annexation). Seconded by Buo/.
Motion carried 7-0.
Upon motion the following item was removed from the table. Request to institute Eminent Domain
Proceedings for services to Alpine Mobile Home Park, Request from Ed Tschiggfrie to table this
matter to the April 19th meeting, and Communication of Galen Manternach concurring with request
to table to 4-19, upon motion approved request and tabled to the Council Meeting of 4-19-99.
Upon motion the following item was removed from the table. City Manager submitting Ordinances
providing for back-in angle parking on Fourth and Fifth Streets, upon motion received and filed. 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 to new subsection (f) and an Ordinance Adopting a new Section 32-271 in lieu thereof to the
City Code of Ordinances, presented and read. Voetberg moved that this be considered the first
reading only of these Ordinances. Seconded by Nicholson. Carried by the following vote: Yeas--
Buol, Michalski, Nicholson, Robbins, Voetberg. Nays--Duggan, Markham.
Shirley Strub, President, Beta Sigma Phi requesting to have 5th Street from Adams St. to the River
renamed in honor of Regina Hayford and City Planner submitting information regarding the renaming
of the street, and an Ordinance Changing the name of Fifth Street from Adams Street East to its
eastern terminus, to Regina Hayford Boulevard, upon motion received and filed. Shirley Strub
spoke to the request.
City Manager submitting ordinance providing for right-of-way encroachment at 84 Main Street, upon
motion received and filed. Ordinance No. 23-99 Authorizing Steve Gudenkauf to construct a sign
and a projecting awning at 84 Main St., 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 Voetberg. Motion carried
7 -0. Buol moved final consideration and passage of the Ordinance. Seconded by Voetberg.
Motion carried 7-0.
Environmental Stewardship Commission recommending to continue with Dubuque Urban Deer
5
Management Plan for 1999-2000 season. upon motion received and filed. City Manager advising
1999 Urban Deer Management Plan was successful and recommending to continue for next season,
upon motion received and filed and approved recommendation.
City Manager advising of filing an appeal by the City from action of Historic Preservation Commission
tabling application for Certificate of Economic Hardship for 304-320 and 330-336 Main St., upon
motion received and filed and moved to reverse the Commission's action and approve a Certificate
of Economic Hardship be issued to the City for the Merchants Hotel and Union Cigar Store
buildings. Gail Naughton, Vice Chair of Historic Pres. Commission, spoke requesting Council not
override their motion to table. Steve Harman spoke of time constraints for the proposed new
building.
Communication of Zoning Advisory Commission advising of the approval to amend the PI District
at 1105 Julien Dubuque Drive with conditions (Roger Kunde), upon motion received and filed. An
Ordinance Enacting of new Development Land Use Map for Ordinance No. 75-92, Second
Amendment, in lieu thereof pertaining to permitted uses and development on Parcel"G" of the PI
Planned Industrial District for Julien Dubuque Drive, with conditions, 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 Markham. Vote on the motion was as follows: Yeas--Duggan, Nicholson,
Robbins, Voetberg. Nays-Buol, Markham, Michalski. MOTION FAILED. Voetberg moved that a
Hearing be set on this Ordinance on 4-5-99 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 Markham. Vote on
the motion was as follows: Yeas--Duggan, Nicholson, Robbins, Voetberg. Nays--Buol, Markham,
Michalski. Motion Passed.
Zoning Advisory Commission advising of their denial to rezone property at 1125 Rockdale Road from
R-1 to OS District (Patricia Mohr) and Communication of Ruth Hartig reques~ing to deny the request
for rezoning the Kinderland property at 1125 Rockdale Rd., and an Ordinance Amending Zoning
Map by reclassifying property at 1125 Rockdale Rd. from R-1 Single-Family Residential District to
OS Office Service District, upon motion concurred with denial.
City Manager requesting public hearing be set for April 5 to amending Clock Tower Easement on
City Lot 54, upon motion received and filed. Voetberg moved adoption of Resolution No. 133-99
Advising of intent to dispose in a Clock Tower Easement on City Lot 54 and further set this matter
for Hearing on 4-5-99 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 Buol. Motion carried 7-0.
City Manager recommending to consider an amendment to Lease and Agreement with Dubuque
Marina, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 134-99
Advising of intent to dispose of City's interest in real estate property by amendment to lease and
agreement with Dubuque Marina, Inc. and further set this matter for Hearing on 4-5-99 at 7:00 p.m.
in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by
6
law. Seconded by Seconded by Robbins. Motion carried 7-0.
City Manager submitting documents providing for construction of Soccer Field Complex for Sanitary
Sewer extension, upon motion received and filed. Robbins moved adoption of: Resolution No.
135-99 Authorizing Legal Staff in institute Eminent Domain Proceedings for right-of-way and
easements from property owners for project; Resolution No. 136-99 Preliminary approval of plans
& specs. for project in estimated amount of $129,993.27; Resolution No. 137-99 Fixing Date of
Hearing on plans & specs. for April 19, 1999; and Resolution No. 138-99 Ordering Bids and directing
Clerk to advertise. Seconded by Nicholson. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 8:53 p.m.
$-;d~
Mary A. Davis CMC
City Clerk
1 t 3/24
7
TO: MARY A. DAVIS
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION
OF THE CITY COUNCIL TO BE HELD ON MONDAY, MARCH 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.
3-15-99