12 06 99 Minutes
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CITY OF DUBUQUE. IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City CouncIl. Regular Session. December 6. 1999
:cuncli met at 7:00 P.M.. Public Librarv Auoltorlum
Present: Mayor Duggan. Council Members Buol. Markham. Michalski. Robbins. Voetberg, City
Manager Michael Van Milligen. Corporation Counsel Barry Lindahl.
Absent: Council Member Nicholson.
Mayor Duggan read the call and stated thiS IS the Regular Session of the C:~y Council called for the
puroose to act upon such business which may properly come before the CouncIl.
Invocation was given by Father MarK Nemmers. Pastor, Holy Trinity Catholic Church.
Rick Dickinson of the G.D.D.C. and Jerry Koppes. Past President of the Tri-State Human Resources
Assn.. made a presentation of the' Pinnacle Award". :0 the City.
Randy Sigman, Brad Parks, and Chris Wand made a presentation of Gary Olsen's "Dubuque's
Twentieth Century" picture to the City.
MINUTES SUBMITTED: Billboard Ad Hoc Committee of 11-22; Building Code Board of Appeals of
11-4: Cable Regulatory Commission of 11-10: Cable Teleprogrammlng of 11-9: Civil Service
Commission of 10-19; Community Development Commission of 11-16: Electrical Code Board of 11-8;
Environmental Stewardship Commission of 11-2: Five Flags Commission of 11-15: Housing Code
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Appeals Board of 10-19; Human Rights Commission of 10-11: Long Range AdVISOry Commission of
11-17: Park & Recreation Commission of 11-9: Plumbing Board of 11-9: Zoning Advisory Commission
of 11-3; Zoning Board of Adjustment of 11-18. upon motion received and filed.
Financial Director submitting Financial Report for month ending October 31. 1999. upon motion
-2celved and filed.
Proofs of Publication on publishing council proceedings for meetings of 10-25-99 & 11-1-99; Notice
of finding of no Significant Impact and Notice of Intent to request Release of Funds for certain funds,
upon motion received and filed.
Printed Council Proceedings for month of October. 1999 presented for approval. upon motion
approved as printed.
NOTICES OF CLAIMS/SUITS: Henry Haas In amount of $6.00 for personal injuries: Don Herbst in
amount of $894.82 for vehicle damages; Steve & Vicky Mueller for Emliy Mueller in amount of
$1010.20 for personal injuries: Brad Plummer in est. maximum amt. of $450.00 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: Vehicle damages of State Farm Insurance
for their insured Glenn Hochberger: Property damage of Michael J. Kelly. UDon motion received and
~jled.
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:::orporation Counsel recommending settlement of propel1Y damage claim of Larry Hurst. upon motion
-ecelved and filed and approved recommenaatlon and Finance Director to Issue proper check.
Corporation Counsel recommending denial of reimbursement of expenses of sewer backup claim of
Donald V. Brimeyer. upon motion received ana filed and approved recommendation.
REFUNDS REQUESTED: King of Clubs. S50.00 on unexpired Cigarette License; Zirk's, $211.25
on unexpired liquor license. upon motion recelvea and filed ana approvea refunds and Finance
Director to issue checks.
City Manager recommending approval of a cnange In the authOrization from the Community and
Economic Development Department to the Planning Services Department for a historic preservation
grant submitted in January, upon motion received and filed and approvea recommendation.
Voetberg moved adoption of Resolution No. 650-99 Amending Resolution No. 25-99 by changing the
authorization for Project Management and requests for reimbursement for HRDP Historic
Preservation Grant. Seconded by Buo\. Motion earned 6-0.
City Manager recommenaing approval of an agreement With Iowa Department of Natural Resources
for a $200,000 REAP (Resource Enhancement and Protection) grant, upon motion received and filed.
Voetberg moved adoption of Resolution No. 651-99 Authorizing a Grant Agreement for REAP Funds
for Riverwalk Land Acquisition. Seconded by Buo!' Motion carried 7-0.'
Iowa Dept. of Economic Development expressing appreciation given by City's Housing Services
Division-Rehabilitation Department for assistance given during a monitoring visit, upon motion
received and filed.
City Manager recommending acceptance of Landscaping of Dubuque Technology Park, upon motion
received and filed. Voetberg moved adoption of Resolution No. 652-99 Accepting Improvement for
project and Resolution No. 653-99 Approving final estimate in amount of $104,395.00. Seconded
'JV Buo!. Motion carried 6-0.
City Manager recommending hearings be held on December 20, 1999 to assess civil penalties to
Tobacco Permit holders. ($300.00- 1st violations to AMOCO, 1215 E. 16th St.; lOCO Speede
Shoppe, 1998 Jackson St.; McCann's lOCO. 690 W. Locust; Oky Doky #6, 1256 Iowa St.; Tony's
Place, 1701 Central Ave and 30 suspensions - 2nd violation to AMOCO Food Shop, 1450 Loras Blvd.
and Wareco 700 Rhomberg, upon motion approved setting these for Hearing on 12-20-99 at 6:30
P.M. in the Public Library Auditorium.
Letter of "Thanks" from Jane Petrek for partnership with Prescott School, upon motion received and
filed.
City Manager recommending approval to purchase some new eqUipment to remove snow from the
new brick pavers on 8th Street on Town Clock Plaza at an estimated cost of $4,800.00, upon motion
received and filed and approved recommendation.
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:owa League of Cities requesting City Manager serve on the League POlicv Committee. upon motion
received and filed and approved request.
Obles Enterprise. inc. d/b/a A-OK Yellow TaxI CaD Co. aavlslng of their rate Increase effective
December 16. 1999. upon motion recelvea ana filea.
Mayor Duggan advising Iowa Department of Transoortation that the Council has selected the
.soumwest Arterial as highest transportation onorlty Tor the Citv. uoon motion received and filed.
Voetberg moved adoption of Resolution No. 654-99 Granting issuance Class'C" Beer Permits to
lOCO Speede Shoppe #17. Big 10 Mart and KWIK Stop Food Mart (3) ana Resolution No. 655-99
Granting Class "8" Hotel Liquor License to Julien Inn. Holiday Inn Five Flags, and Hoffman
House/3100 Club and Class "C" Liquor License to The Moracco and Instant Replay. Seconded by
Buo!. Motion carried 6-0.
Upon motion the rules were suspended to allow anyone present to address the Council if they so
jeslre.
Proof of Publication on Notice of Public Hearing to reclassify property at 12155. 12101, and 12033
Cousins Road from AG to R-1 District (newly annexed area), upon motion received and filed.
Ordinance NO.1 05-99 Amending Zoning Map by reclassifying property located at 12155, 12101 and
12033 Cousins Road from AG Agricultural District to R-1 Single-Family Residential District as an
Interim Zoning Classification. with first and second readings given 11-15-99. now presented for further
action. 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
Markham. Motion carried 6-0.
Proof of Publication on Notice of Public Hearing to reclassify property at 14986 Old Highway Road
~rom AG to R-1 District {newiv annexea area I ~CGn n:ctlon recelvea ana fiied.')rdinance NO.1 06-99
Amending Zoning Map by reciassifYlng property located at 14986 Old Highway Road from AG
Agricultural District to R-1 Single-Family Residential District. with first and second readings given on
11-15-99, now presented for further action. Robbins moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion carried 6-0.
Proof of Publication on Notice of Public Hearing to reclassify property West of Northwest Arterial
along Highway 20, Westside Court, Radford Road and Old Highway Road (newly annexed area),
upon motion received and filed. Ordinance No 107-99 Amending Zoning Map by reclassifying
property located on U.S. Highway 20 West of the Northwest Arterial. Westside Court, Radford Road
and Old Highway Road from AG Agricultural District to R-1 Single-Family Residential District, R-3
',10aerate Density Multi-FamJiy Resldentlai. C-3 General Commercial and CS Commercial Service and
Wholesale District, and Ordinance No. 108-99 Amending Zoning Map by reclassifying property
located at 13745 Old Highway Road from AG Agricultural District to PUD Planned Unit Development
District with a PR Planned Residential District designation and adopting a Conceotual Development
Plan. with conditions. with first and secona readings given on 11-15. now presented for further action.
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'joetberg moved that the reaUlrement that a proposed Oralnance De considered and voted on for
Jassage at two Council Meetings pnor to me meeting at wnlch It is to De finally passea be suspended
3nd moved final consideration ana passage of the Ordinance, Seconded by Michalski. Motion
:arned 6-0,
Proof of Publication on Notice of Public Heanng to reclassify property located East of Phase IV Sunny
Slope Estates opposite Red Violet Dnve ":r:;m AG Distnct to R-1 District. i OHO DevelopmenUKen
Moore-Construction~-upon motion recelvea and filed, Ken Moore spoke requesting the rezoning.
John Jungblut -spoke in support of the rezoning put oP)ected to the pIecemeal development.
Ordinance NO.1 09-99 Amending Zomng Map by reclassifying property located East of Phase IV
Sunny Slope Estates opposite of Rea Violet Drive from AG Agricultural District to R-1 Single-Family
Residential District. with conditions. with first and second readings given on 11-15-99, now presented
for further action. Robbins moved final conslaeration and passage of the Ordinance. Seconded by
Markham, Motion carried 6-0.
Proofs of Publication on Notice OT Hearing en Plans 8.. Specs. and Notice to Bidders on the Receipt
of Bids for Construction of 1999 Downtown Historical Neighborhood Ornamental Railing Project and
City Manager recommending to award contract for project. upon motion received and filed. Voetberg
moved adoption of: Resolution No. 656-99 AdoptIng Plans & Specs. for project and Resolution No.
657-99 Awarding Contract for project to Winter's Garage & Welding in the amount of $23,588.00.
Seconded by Buol. Motion carried 6-0,
Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt
of Bids for Skate Park Equipment Project and City Manager recommending to award contract for
project, upon motion received and filed. Buol moved adoption of: Resolution No. 658-99 Adopting
Plans & Specs. for project and Resolution No. 659-99 Awarding Contract for project to American
Ramp Company in the amount of $98.500.00. Seconded by Markham. Motion carried 6-0.
Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt
of Bids for Construction of 5th Street Ramp Expansion Phase \I and City Manager recommending to
reject bid received, upon motion received and filed. Markham moved adoption of: Resolution No.
660-99 Rescinding Resolution No. 610-99 "Preliminary Approval of plans & Specs. for project" and
advising of intent to rebid at a later date. Seconded by Buol. Motion carried 7-0.
Proof of Publication on Notice of Hearing to provide for issuance of $3,100,000 Urban Renewal Tax
Increment Revenue Bonds and City Manager recommending to proceeding with proceedings for
issuance of bonds, upon motion received and filed. Markham moved adoption of Resolution No.
661-99 Instituting proceedings to take additional action for the Issuance of $3.100.000 Urban
~.enewal Tax increment Re'Jenue Benes ~:r exoanslon of carking ~acilitv lecated on Iowa Street
between 5th & 6th Streets. Seconded by Buol. Motion carned 6-0.
Upon motion the rules were reinstated limiting the discussion to the CouncIl.
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City Manager recommending to approve an amendment to Development Agreement with Eagle
'Nindow & Door Co. and Otto A. LLC: a Resolution ApproVing and authorizing execution of an
amendment to Development Agreement between City, Eagle Window & Door Co. and Otto A. LLC,
ncluding authorization and approval of the Financial Asslstance::ity Manager recommending
authorization to provide for the issuance of $3.200.000 Urban Renewal Tax Increment Revenue
Bonds and a Resolution Authorizing and orovlding for the Issuance of $3.200.000 Urban Renewal Tax
Increment Revenue Bonds. Taxable Series 19990. and providing for the securing of such bonds for
:he purpose of carrying out an Urban Renewal Project in the area of the City designated as the Kerper
Boulevard IndustrJalPark Economic Development District upon motion recessed action on this matter
to a meeting to be held on 12-7-99 at 5:00 PM. in City Hall.
City Manager submitting Ordinances by adding John Bergfield Recreation Area to Code of
Ordinances and providing for the exclusion of prohibiting dogs, cats and other domestic animals in
certain parks, upon motion received and filed. An Ordinance Amending Code of Ordinances
Chapter 34, by adding to Article IV, Specific Parks. a new Section 34-132 to include John G. Bergfield
Recreation Area and an Ordinance Amending Section 34-54 of Code of Ordinances prohibiting dogs,
cats and other domestic animals in parks. however. does not apply to Miller-Rivervlew Park, Granger
Creek Nature Trail and John G. Bergfield Recreation Area. presented and read. Buol moved that
the requirement that the proposed Ordinance 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 Ordinance. Seconded by Markham. Vote on the motion was
as follows: Yeas--Buol, Markham. Michalski. Robbins, Voetberg. Nays--Duggan. Absent--
Nicholson. MOTION FAILED DUE TO LACK OF 3/4 VOTE.
Voetberg moved to amend the Ordinances to remove the phrase "and other domestic animals."
Seconded by Michalski. Motion carried 6-0. Voetberg moved that this be considered the first
reading of the Ordinances. Seconded by Buol. Carned by the following vote: Yeas-Buol,
Markham, Michalski, Robbins, Voetberg. Nays--Duggan. Absent--Nicholson.
City Manager recommending approval of final plat for portion of Sunny Slope Estates, upon motion
'ecelved and filed. Robbins moved adootion of ReSOlution No. 662-99 Aooroving final plat of Lot 4
and Lot D of Block 11 in Sunny Slope Estates In the City. Seconded by Buol. Motion carried 6-0.
City Manager advising of intent to demolish structure at 336 Main St and to acquire property, upon
motion received and filed. Markham moved adoption of Resolution No. 663-99 Authorizing City
Manager and Corporation Counsel to take necessary action to proceed with demolition of structure
at 336 Main Street for development and to acquire property for project Seconded by Michalski.
Motion carried 6-0.
City Manager submitting two Ordinances regarding changes in Traffic Ordinance, upon motion
received and filed. Ordinance No. 110-99 Amending Section 32-186 of the City Code of Ordinances
::eiining Careiess Driving 2nd a new Section 32-72(d) Prcviding for disolay of elates and Ordinance
No. 111-99 Amending City Code of Ordinances by adding a new Section 5-9 prohibiting possession
of open containers of alcoholic beverages in motor vehicles by drivers and a new Section 5-10
prohibiting open containers of alcoholic beverages in motor vehicles by passengers. presented and
read. Buol moved that the requirement that a proposed Ordinance be conSidered and voted on for
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Jassage at two Council Meetings prior to the meeting at wnlc:i it IS to oe finally passea be suspended
3na further moved final conslaeratlOn ana passage of t.....,e Oralnance. Seconded by Michalski.
Motion carried 6-0.
(~ity Manager recommending approval on commitment of S220000 of C;ty funalng with a FAA grant
Cor Runway 18/36 Extension Project. upon motion recelvea ana fiiea ana approvea recommendation.
,:itv Manager advising of process to ce usea regaramg c:tv;Ccuntv Board of Health Transition. upon
motion regeived and filed.
Communications from Pruaentlal Fneaman Realty. lnc.. McDonald (Bluff Street), Taco John's, Paul
Hemmer, President/General Manager of KGRR. Greg Maim of Maim Outdoor and Best Western
Dubuque Inn requesting Billboard Ordinance remain as IS: upon motion received and filed.
Communication of David Hartig requesting CouncIl to concur With several revisions of the Billboard
Ad Hoc Committee. upon motion received and filea.
Billboard Ad Hoc Committee recommending the City Council form a new Billboara Ad Hoc Committee
:0 look at the billboard regulations. with :2 :epresentatlves "'rom the outdoor advertising industry and
2 representatives from ScenIc America to serve ex-officio as non-voting resources to the committee,
upon motion received and filed.
Walter Peterson requesting Council to create a new Commission and Long Range Planning Advisory
Commission submitting their recommendations on work by Billboard Ad Hoc Committee, upon motion
received and filed.
Request to the City from Governor Vilsack to appoint two (2) representatives to Iowa Earth Year 2000,
upon motion GiI Spence, Leisure Services Director and Mayor Terry Duggan appOInted with Council
Member Nicholson as alternate.
At 8:26 P.M.. upon motion it was resolved to go into Closed Session In accordance with Chapter 21.5
_, State Coae of Iowa. ~ 999 as amenaec - ':::::S::..;3S :"'2 :"';~:~2se:7 ::2n:C:";,2r ~221 estate where
premature disclosure could be reasonably expected to increase the price the governmental body
would have to pay for that property AND (c) To aiscuss strategy with counsel in matters where
litigation is imminent and its disclosure would be likelY to pre!uaice or disadvantage the position of the
governmental body in this litigation.
Council reconvened Regular Session at 8:40 p, M. stating Staff had been given proper direction.
Upon motion at 8:41 P.M., Council recessed this meeting to Tuesday, December 7. 1999 at 5:00 P.M.
at City Hall. Conference Room B.
;-0ESDAY. DECEMBER i.: 999
CITY COUNCIL RECONVENED SESSION FROM DECEMBER 6, 1999
Council met at 5:00 P.M.. in Conference Room "B". City Hall.
Present: Mayor Duggan, Council Members Buol. Michalski. Robbins, Voetberg, City Manager
Michael Van Milligen. Corporation Counsel Barry Lindahl
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.\bsent: ::ouncil Memoers MarKham 2na Nichoison.
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City Manager recommending to approve an amendment to Development Agreement with Eagle
Ninaow & Door Co. and Otto A LLC. :..;oon motlon rece!vea ana filed. Michalski moved adoption of
KeSOlutlon No. 664-99 ApprOVing ana authorizing executIon of an amendment to Development
,-:"greement between City, Eagle Winaow 8. Door Co. ana Otto A LLC. inCluding authorization and
aoproval of the Financial Assistance. 3econded by Voetberg. Motion camed 5-0.
City Manager recommending autnorlzatlon to provide for the Issuance. of $3.200.000 --lJrbaA-ReneY{at-
Tax increment Revenue Banas. uoon motlon recelvea and f:ied. Michalski moved adoption of
,KeSOIUtlOn No. 665-99 Authorizing ana orovlalng for the Issuance of $3.200.000 Urban Renewal Tax
increment Revenue Bonds. Taxable Series 19990. ana oroviding for the securing of such bonds for
,he ourpose of carrying out an Urban Renewal Project in the area of the City designated as the Kerper
BOUlevard Industrial Park Economic Development Distrrct.
There being no further bUSiness. upon motion meeting aaJournea at 5:35 PM.
. 1t 12/15
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Mary A. Davis CMe.
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, DECEMBER 6,
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.
12-6-99