12 20 99 Minutes
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
.
City Council, Special Session, Monday, December 20, 1999
Council met at 5:00 P.M. for Dinner in the Second Floor Rotunda of the Public Library.
Council then met in the Public Library Auditorium at 5:30 P.M.
Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg.
Staff presented the Streetscape Concepts on Main Street from 5th to 9th Street
Mike Koch, Public Works Director, spoke giving the project background and update of recent activities.
Tony Zelinskas, of WHKS, spoke giving a summary of design concepts to date and results of recent
stakeholder & public input meetings.
Dan LoBianco gave an update on the downtown festivals.
Steve Sesterhenn spoke on opening Main Street.
John Butler, CEO of Cottingham and Butler, spoke of the approximately 700 downtown employees,
mainly women, and asked that Main St. be reopened which would afford a better safety situation for
employees.
Nick Schrup, of American Trust Bank, spoke in favor of opening Eighth St.
Rick Dickinson, stated that the City's commitment to Cigna required a plaza, rather than opening Main
St.
There being no further business, upon motion special meeting adjourned at 6:30 p.m.
.
) ~c/l7U11l ~Lt~
Mary A. Davis CMC K c-
City Clerk
#####################################################
City Council, Regular Session, December 20, 1999
Council met at 6:30 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 Captain Rose Eagle of the Dubuque Salvation Army.
.
MINUTES SUBMITTED - Airport Commission of 11-30 and 12-14; Building Code Board of Appeals
1
of 12-2; Cable Regulatory Commission of 12-8; Cable Teleprogramming of 12-7; Civil Service
Commission of 11-17; Community Development Commission of 11-30; Zoning Advisory Commission
of 12-1, upon motion received and filed.
Airport Department submitting their monthly report thru October, 1999, upon motion received and filed.
Human Rights Department submitting their 1999 Annual Report, upon motion received and filed.
Finance Director submitting financial report for month ending November, 1999, upon motion received
and filed.
Proof of Publication on List of Claims and Summary of Revenues for month ending October, 1999,
upon motion received and filed.
Proofs of Publication on publishing Council meetings for 11-13 & 11-15-99, upon motion received and
filed.
NOTICES OF CLAIMS/SUITS: Ron Pergande in amount of $387.80 plus daily storage charges for
improper towing and storage; Benjamin M. Yoko (Gregory Yoko, parent) 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: Personal injury of Henry Haas; Personal
injury of Steve & Vicky Mueller, upon motion received and filed.
Corporation Counsel recommending settlement of vehicle damage claim of Don Herbst in amount of
894.82 and Finance Director to issue check, upon motion approved recommendation and Finance
Director to issue proper check.
Corporation Counsel recommending payment of $100.00 as part of Sanitary Sewer Backup
Assistance program to Gerald Schissel, upon motion approved recommendation and Finance Director
to issue proper check.
REFUNDS REQUESTED -- Pride Service Inc. $50.00 on unexpired Cigarette License, upon motion
approved refund and Finance Director to issue proper check.
Civil Service Commission certifying list of individuals for Engineering Assistant II, Water Plant Operator
and Firefighter, upon motion resolved to make a matter of record.
Zoning Advisory Commission advising of their determination that the platting of two additional lots in
Loras Estates Subdivision is not a significant change from the adopted conceptual plan, upon motion
received and filed.
City Manager recommending acceptance of sanitary sewer improvements in Usha Park, upon motion
received and filed. Voetberg moved adoption of Resolution No. 666-99 Accepting the sanitary sewer
improvements in Usha Park. Seconded by Robbins. Motion carried 7-0.
City Manager submitting information on the County Board of Health Transition Planning Process, upon
2
motion received and filed.
.
City Manager recommending the <2ity enter into an easement agreement with I & M Rail, LLC to
extend water main across existing easement on Perfection Oil property, upon motion received and
filed and approved recommendation.
City Manager submitting the 1999 Certified Local Government Annual Report, upon motion received
and filed.
Sandra Plumley commenting on lack of enforcement on various City laws, upon motion received and
filed.
City Manager recommending the selection of IIW Engineers for design consultant services for the
Manson Road Bridge, upon motion received and filed.
Voetberg moved adoption of Resolution No. 667-99 Granting issuance of Class "B" Beer Permit to
Local 94 UAW and Resolution No. 668-99 Granting issuance of Class "C" Liquor Licenses to Michael's
Bar-X, White House, Ryan House and Billy's Buck East St. Tap. Seconded by Robbins. Motion
carried 7-0.
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if
they so desire.
. Proof of Publication certified to by the Publisher on Notice of hearing to approve disposal of property
in Downtown Urban Renewal District to Dubuque Area Chamber of Commerce, City Manager
recommending to proceed with sale of property and City Clerk advising no competing proposals were
submitted by the deadline for submission, upon motion received and filed.
Steve Horman spoke requesting the sale to go through. John Allen, Architect, spoke of the specific
design of the building. Rhodes "Bud" Isenhart, questioned specifics of the proposed building.
Buol moved adoption of Resolution No. 669-99 Determining that the proposal of Dubuque Area
Chamber of Commerce is in compliance with the terms of offering for disposition of Lot 9 (and Lot 10
if purchase option is exercised) Original Town in the City of Dubuque and Resolution No. 670-99
Accepting the proposal for sale and private development of Lot 9 and Lot 10 Original Town in the City;
Approving Agreement for same, and authorizing actions to implement said agreement including
execution and delivery of deed. Seconded by Voetberg. Motion carried 7-0.
Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt
of Bids for Construction of Highway 20 Landscape Design Package #1 and City Manager
recommending to reject all bids and rebid project, upon motion received and filed. Buol moved
adoption of Resolution No. 671-99 Rescinding Resolution No. 644-99 "Preliminary Approval of Plans
& Specs. for project" and providing for rebidding. Seconded by Robbins. Motion carried 7-0.
I.
3
Upon motion the rules were reinstated to limit the discussion to Council.
Hearings on assessing civil penalty of $300 against tobacco permit holders for first violation; AMOCO
Autoffruck Plaza, 1215 E. 16th St.; lOCO Speede Shoppe, 1998 Jackson St.; McCann's lOCO, 69(
W. Locust St.; Oky Doky#6, 1256 Iowa St.; Tony's Place, 1707 Central Ave., upon motion approved
penalties.
Tom Thompson of Oky Doky spoke stating they are trying hard to train their employees correctly.
The Manager of Wareco spoke requesting that they not be given the suspension.
Thirty day suspension for second violation within two years: AMOCO Food Shop, 1450 Loras Blvd.;
and Wareco, 700 Rhomberg, upon motion approved suspensions.
An Ordinance Amending Code of Ordinances Chapter 34, by adding to Article IV, Specific Parks, a
new Section 34-132 to include John G. Bergfeld Recreation Area, with first reading only given on 12-6-
99, now presented for further action. 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 and further moved final adoption of the Ordinance.
Seconded by Buo!. Vote on the motion was as follows: Yeas--Buol, Markham, Robbins, Voetberg.
Nays--Duggan, Michalski, Nicholson. MOTI,ON FAILED DUE TO LACK OF 3/4 VOTE.
Voetberg moved that this be considered the second reading only of the Ordinance. Seconded by
Buo!' Vote on the motion was as follows: Yeas-Buol, Markham, Robbins, Voetberg. Nays--Duggan,
Michalski, Nicholson.
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-Riverview Park, Granger Creek Nature
Trail and John G. Bergfeld Recreation Area, with first reading only given on 12-6-99, now presented
for further action. 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 and further moved final adoption of the Ordinance. Seconded by Buol. Vote
on the motion was as follows: Yeas-Buol, Markham, Robbins, Voetberg. Nays--Duggan, Michalski,
Nicholson. MOTION FAILED DUE TO LACK OF 3/4 VOTE.
Voetberg moved that this be considered the second reading only of the Ordinance. Seconded by
Buo!' Vote on the motion was as follows: Yeas-Buol, Markham, Robbins, Voetberg. Nays--Duggan,
Michalski, Nicholson.
City Manager recommending approval for Dubuque Rescue Mission to construct an awning at 398
Main Street, upon motion received and filed. Ordinance No. 112-99 Authorizing the Dubuque Rescue
Mission to construct a projecting awning sign at 398 Main St., 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 and further
moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried
7-0.
4
.
.
.
City Manager recommending approval of final plat of Southern Hills Subdivision, upon motion received
and filed. Robbins moved adoption of Resolution No. 672-99 Approving final plat of Lots 21-29,
inclusive, and Lot 0 of Southern Hills Subdivision and comprised of Lot C of Southern Hills
Subdivision. Seconded by Nicholson. Motion carried 7-0.
Long Range Planning Commission requesting Council approval to proceed with public hearing
process for their proposed amendment to the zoning ordinance, presented and read. Gordie Mills,
Chair of the Long Range Planning Commission, spoke in favor of the amendment. Buol moved that
the communication be received and filed and approved request. Seconded by Markham. Vote on
the motion was as follows: Yeas--None. Nays-Buol, Duggan, Markham, Michalski, Nicholson,
Robbins. Voetberg. MOTION FAILED.
City Manager recommending approval of the selection of the consultant team of History Pays! to be
retained to conduct the historic preservation survey for the City, presented and read. Voetberg
moved to receive and file and approve the recommendation. Seconded by Buo!. Carried by the
following vote: Yeas-Buol, Markham, Michalski. Nicholson, Voetberg. Nays-Duggan, Robbins.
City Manager submitting an ordinance providing for parking restrictions on Harrison St., upon motion
received and filed. Ordinance No. 113-99 Amending Section 32-26(0) of the Code of Ordinances
prohibiting Parking on Portions of Harrison Street, 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.
City Manager submitting the Amended and Restated Fiscal Year 2000 Annual Action Plan for
Community Development Block Grant Funds, upon motion received and filed. Robbins moved
adoption of Resolution No. 673-99 Approving the Amended and Restated Fiscal Year 2000 Annual
Action Plan for CDBG Funds. Seconded by Voetberg. Motion carried 7-0.
Historic Preservation Commission requesting Council to Affirm or Reverse their decision regarding
appeal of Tim Wood and Vicki Bechen, B&W Properties regarding installation of vinyl siding at 623-
627 Arlington S1. or refer the matter back to the Commission for further action as may be appropriate,
upon motion received and filed and referred back to the Historic Preservation Commission.
City Manager recommending approval of amendment to Eagle Window & Door Project Development
Agreement. upon motion received and filed. Voetberg moved adoption of Resolution No. 674-99
Authorizing execution of amended Development Agreement with Eagle Window & Door Co.
Seconded by Nicholson. Motion carried 7-0.
Zoning Advisory Commission advising of their approval to reclassify property southeast of Seippel Rd.
and Old Highway Rd. from AG to R-1, as requested by James and Doris Graf, upon motion received
and filed. An Ordinance Amending Zoning Map by reclassifying property Southeast of.Seippel Road'
5
and Old Highway Road from AG Agricultural District to R-1 Single-Family Residential District,
presented and read. Michalski 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 that a Public Hearing be held on the proposed
Ordinance on the 17th day of 2000 at 6:30 p.rn. 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.
Zoning Advisory Commission advising of their approval to reclassify property at 2702 Brunskill Road
from R-1 to PUD Development with PR Designation for Oak Meadows Condominiums, as requested
by Jim StocklRobert & Mary Lou Mulgrew, upon motion received and filed. An Ordinance Amending
Zoning Map by reclassifying property at 2702 Brunskill Road from R-1 Single-Family Residential
District to PUD Planned Unit Development District with a PR Planned Residential District Designation
and adopting an Amended Conceptual Development Plan with Conditions, for Oak Meadows
Condominiums, 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 that a Public Hearing be held on the proposed
Ordinance on the 17th day of January, 2000 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. Vote on the
motion was as follows: Yeas-Buol, Duggan, Markham, Nicholson, Robbins, Voetberg. Nays--
Michalski.
City Manager requesting public hearing be held on January 17,2000 to consider proposed lease to
Nextel WIP Lease Corp. for a Telecommunication Antenna Facility on the Pennsylvania Ave. Water
Tank. upon motion received and filed and approved request.
City Manager submitting documents providing for construction of Highway 20 Landscape Design Bid
Package #1, upon motion received and filed. Robbins moved adoption of: Resolution No. 675-99
Preliminary approval of plans & specs. for project in estimated amount of $550,000; Resolution No.
676-99 Fixing Date of Hearing on plans & specs. for February 7, 2000 and Resolution No. 677-99
Ordering Bids and directing Clerk to advertise. Seconded by Buot. Motion carried 7-0.
City Manager submitting documents providing for construction of Catfish Creek Lift Station Pump
Replacement Project, upon motion received and filed. Robbins moved adoption of Resolution No.
678-99 Preliminary approval of plans & specs. for project in estimated amount of $196,000;
Resolution No. 679-99 Fixing Date of Hearing on plans & specs. for February 7,2000 and Resolution
No. 680-99 Ordering Bids and directing Clerk to advertise. Seconded by Buot. Motion carried 7-0.
City Manager submitting documents providing for construction of Elm Street Sanitary Sewer
Reconstruction, upon motion received and filed. Markham moved adoption of: Resolution No. 681-
99 Preliminary approval of plans & specs. for project in estimated amount of $120.579.39;
Resolution No. 682-99 Fixing Date of Hearing on plans & specs. for January 17, 2000; Resolution
No. 683-99 Ordering Bids and directing Clerk to advertise. Seconded by Robbins. Motion carried
6
.
.
.
7-0.
City Manager recommending approval of Subordination Agreement with Cottingham and Butler
Insurance Service, Inc., upon motion received and filed. Voetberg moved adoption of Resolution No.
684-99 Declaring intent of City to subordinate a mortgage interest in certain real estate and set this
matter for Public Hearing on 1-17-2000 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 Michalski. Motion carried 7-0.
At 8:07 P.M., upon motion it was resolved to go into Closed Session in accordance with Chapter 21.5
1.(c) State Code of Iowa, 1999 as amended, To discuss strategy with counsel in matters that are
presently in litigation and (c) To discuss strategy with counsel in matters where litigation is imminent
and its disclosure would be likely to prejudice or disadvantage the position of the governmental body
in this litigation and 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.
At 9:42 Council reconvened Regular Session with statement that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:43 P.M.
;j(A7v; Ib dku~
Mary A. Davis CMc,4
City Clerk
1t 12/30
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, DECEMBER 20,
1999 AT 6:30 O'CLOCK P.M. IN THE PUBLIC LIBRARY AUDITORIUM
FOR THE PURPOSE TO ACT UPON SUCH BUSINESS WHICH MAY
PROPERLY COME BEFORE THE COUNCIL.
12-20-99