11 01 99 Minutes
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 1, 1999
Council Met at 7:00 P.M., Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, City
Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl.
Absent at Roll Call: Council Member Voetberg.
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 Pastor Dennis Schmitt of The Dubuque Community Church.
PROCLAMATIONS -- Nov. as "Alzheimer's Disease Public Awareness Month" received by Sister
Michelle Nemmers; and November as "Hospice Month" received by Carole Carroll; and Nov. 8-14 as
"Youth Appreciation Week" received by Noon Optimists President Stephen 'Ding' Bell, Morning
Optimists President Shirley Briggs and Evening Optimists President Kent Roeder.
Council Member Voetberg entered the Chambers at 7:06 P.M.
MINUTES SUBMITTED: Airport Commission of 10-14; Billboard Ad Hoc Committee of 10-18; Cable
Teleprogramming of 10-5; Community Development of 10-19 & 10-25; Environmental Stewardship
Advisory Commission of 10-5; Five Flags Comm. of 10-18; Historic Preservation Commission of 10-7;
Human Rights Commission of 9-13; Investment Oversight Advisory Commission of 10-13; Long Range
Planning Advisory Commission of 10-20; Zoning Advisory Commission 10-6, upon motion received
and filed.
City Manager submitting Quarterly Investment Report ending Sept. 30, 1999; Investment Oversight
Commission submitting their 26th Quarterly Report; Substance Abuse Services Center submitting
their First Quarter Report; Housing Services submitting their annual report; Proofs of Publication on
publishing Council Proceedings for 10-4-99 and Publishing Financial Report for Fiscal Year ending
6-30-99. upon motion received and filed.
Printed Council proceedings for month of September, 1999, upon motion approved as printed.
NOTICES OF CLAIMS/SUITS -- Robert L. Day, Jr. et al vs. City of Dubuque et ai, in unknown amount
for personal injuries and property losses; Allied Insurance Company, in subrogation on behalf of their
client, John Schmid in amount of $1285.10 for vehicle damages; Doug Staudt in unknown amount 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: Personal injury of Jacob Robinson;
Personal injury of Roger W. Winchester, upon motion received and filed.
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. Corporation Counsel recommending payment of $100.00 as part of Sanitary Sewer Backup
Assistance Program to following: Ken Beck; Ronald Jahns; Arthur Tigges, upon motion approved
payment and Finance Director to issue proper checks.
City Manager recommending approval of contract with IA Dept. of Public Health for funding of AIDS
Preventative Health Program, upon motion received and filed. Buol moved adoption of Resolution
No. 598-99 Approving the AIDS Preventative Health Contract between the Iowa Dept. of Public
Health and City of Dubuque, and authorizing City Manager to sign a contract with the Iowa Dept. of
Public Health for funding of a Local AIDS Preventative Health Program. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending acceptance of U.S. Highway 20 Water Main Extension Project from N. W.
Arterial to the new Seippel Road Intersection, upon motion received and filed. Buol moved adoption
of Resolution No. 599-99 Accepting Improvement for project and Resolution No. 600-99 Approving
final estimate in amount of $44,569.58. Seconded by Robbins. Motion carried 7-0.
City Manager recommending acceptance of Vacuum Filter Plant Electrical Room, upon motion
received and filed. Buol moved adoption of Resolution No. 601-99 Accepting Improvement for project
and Resolution No. 602-99 Approving final estimate in amount of $48,747.00. Seconded by Robbins.
Motion carried 7-0.
HUD submitting Consolidated End-of-Year Review for Program Year 1998, upon motion received and
filed.
City Manager recommending approval of Dubuque Racing Association's 2000 Capital Improvement
Program and use of DRA Reserve Association's Capital Improvement Program, upon motion received
and filed and approved recommendation.
City Manager recommending acceptance of Sanitary Sewer at Grove Tool. upon motion received and
filed. Buol moved adoption of Resolution No. 603-99 Accepting Sanitary Sewer Improvements for
Lot 1-1-2 of Bartels-Center Grove Place in the City. Seconded by Robbins. Motion carried 7-0.
City Manager recommending approval of publication of combined notices for YWCA Domestic
Violence Shelter Project, upon motion received and filed. Buol moved adoption of Resolution No.
604-99 Authorizing publication of a combined notice of finding of no significant impact on the
environment and notice of intent to request release of funds for the YWCA Domestic Violence Shelter
Project. Seconded by Robbins. Motion carried 7-0.
Long Range Planning Advisory recommending Council consent to format and schedule regarding
progress toward Vision 2000, upon motion received and filed and approved recommendation and
directed to make tapes available to all Council Members one month in advance before final decision
is to be made.
Copy of letter to Mayor Duggan from Dept. of Public Health providing report of current site conditions
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regarding Dubuque Municipal Landfill Site, upon motion received and filed.
City Manager recommending to proceed with construction of storm sewer along 1793 Glenwood Ct.
and proceed with condemnation proceedings, upon motion received and filed. Buol moved adoption
of Resolution No. 605-99 Authorizing Staff to proceed with public improvements to construct storm
sewer along easterly property line of 1793 Glenwood Ct. Seconded by Robbins. Motion carried
7-0.
City Manager recommending approval of consultant for Architectural/Historical Survey Evaluation
Project, upon motion received and filed and approved recommendation.
Buol moved adoption of Resolution No. 606-99 Granting issuance of Class "C" Beer Permits to Eagle
Food Centers, Inc. (3 locations) and Resolution No. 607-99 Granting issuance of Class "C" Liquor
Licenses to Yen Ching Restaurant, Mario's, and Carlos O'Kelly's; Class "WB" Wine to Eagle Food
Centers, Inc. (3 locations). Seconded by Robbins. Motion carried 7-0.
BOARDS AND COMMISSIONS - HUMAN RIGHTS COMMISSION: Applicants -- Rev. Kris Kincaid,
William (Bill) Ross, Charles Ryan, Katherine Stevens. Upon vote, Rev. Kris Kincaid appointed to fill
the unexpired term which will expire 1-1-01.
Upon motion the rules were suspended to allow anyone present to address the Council if they so
desire.
Proof of Publication of Notice of Public Hearing to reclassify property on Lincoln Ave. from R-2A to R-3
District (Bethany Home), upon motion received and filed. Linda Manternach on behalf of Bethany
Home spoke requesting approval. Arnold Nickolas of 1010 Lincoln spoke objecting to lack of parking.
Ordinance No. 93-99 Amending Zoning Map by reclassifying property on Lincoln Ave from R-2A
Alternate Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District,
with first and second readings given on 10-18-99, now presented for final action. Voetberg moved
final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Proofof Publication on Notice of Public Hearing to reclassify property in 2900 Block of Kane St. from
ID to PUD with a PR District and a Conceptual Development Plan with conditions, for Pine Knolls
Condominiums (Boge) and a Petition with twenty signatures from Chaney Road residents expressing
concerns on existing water problems in the area and requesting a plan be provided before approved,
upon motion received and filed. Steve Boge, Developer with Kane Development Assn., spoke
outlining the development plans. Tom Oster and Dennis Waugh of IIW, spoke concerning the storm
sewer run-off. Merlin Langkamp, of Wildwood Drive, spoke of the need for another detention basin.
Tom Welter, Jerry Merrick, and Mike Mulison, all of Arabian Trail, all spoke of concerns with water
runoff. Donna Sindahl and Kim Peil of Chaney Rd. spoke of great concerns with water runoff. Tom
Leibold stated that there will be water problems if this is completed. Jon Romaine, Ex. Dir. of Area
Residential Care, stated that the problem should not be made worse.
An Ordinance Amending Zoning Map by reclassifying property in 2900 Block of Kane Street from ID
Institutional District to PUD Planned Unit Development District with a PR Planned Residential District
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. designation and adopting a Conceptual Development Plan with Conditions, for Pine Knolls
Condominiums (first and second readings given on 10-18-99), now presented for final action.
Nicholson moved final consideration and passage of the Ordinance. Seconded by Voetberg. No
vote taken on the motion. Buol moved to table for two weeks and Staff to review with developers
and IIW for water run-off solutions. Seconded by Markham. Carried by the following vote: Yeas--
Buol, Duggan, Markham, Michalski, Robbins, Voetberg. Nays--Nicholson.
Proof of Publication on Notice of Public Hearing to reclassify property located at 3201 and 3265
Central Ave. from C-2 to C-3 District (Kretz/Perfection Oil Co), upon motion received and filed.
Ordinance No. 94-99 Amending Zoning Map by reclassifying property located at 3201 and 3265
Central Ave. from C-2 Neighborhood Shopping District to C-3 General Commercial District, with first
and second readings given on 10-18-99, now presented for final action. Voetberg moved final
consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to reclassify property at 51 W. 32nd Street from C-2
to C-3 District (T.M. Co.), upon motion received and filed. Ordinance No. 95-99 Amending Zoning
Map by reclassifying property located at 51 West 32nd Street from C-2 Neighborhood Shopping
District to C-3 General Commercial District, with first and second readings given on 10-18-99, now
presented for final action. Buol moved final consideration and passage of the Ordinance. Seconded
by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting the discussion to the Council.
City Manager recommending approval of revisions to the City of Dubuque Investment Policy, upon
motion received and filed. Markham moved adoption of Resolution No. 608-99 Adopting City of
Dubuque Investment Policy. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of Termination and Assignment Agreement for Eagle Window
and Door, Dubuque Eagle LLC with Herman Ahlers, upon motion received and filed. Voetberg moved
adoption of Resolution No. 609-99 Authorizing Mayor to execute Termination and Assignment
Agreement. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting documents providing for construction of Fifth Street Ramp Phase Two, upon
motion received and filed. Voetberg moved adoption of: Resolution No. 610-99 Preliminary approval
of plans & specs. for project in estimated amount of $1,900,000; Resolution No. 611-99 Fixing Date
of Hearing on plans & specs. for December 6, 1999 and Resolution No. 612-99 Ordering Bids and
directing Clerk to advertise. Seconded by Robbins. Motion carried 7-0.
City Manager submitting documents providing for construction of 1999 Downtown Historical
Neighborhood Ornamental Railing Project, upon motion received and filed. Voetberg moved adoption
of: Resolution No. 613-99 Preliminary approval of plans & specs. for project in estimated amount of
$36,070.00; Resolution No. 614-99 Fixing Date of Hearing on plans & specs. for December 6, 1999;
Resolution No. 615-99 Ordering Bids and directing Clerk to advertise. Seconded by Robbins.
Motion carried 7-0.
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City Manager recommending public hearing be set for November 15th to vacate portion of Maple Leaf
Ave. and Monroe Ave. (aka Louella Lane), upon motion received and filed. Buol moved adoption of
Resolution No. 616-99 Approving plat of proposed vacated Maple Leaf Ave. & Monroe Ave. (aka
Louella Lane). Seconded by Nicholson. Motion carried 7-0. Ordinance No. 96-99 Vacating portion
of Maple Leaf Avenue and Monroe Ave., 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 Nicholson. Motion carried 7-0.
Buol moved adoption of Resolution No. 617-99 Advising of intent to dispose of City's Interest in Lot
A and Lot B of Maple Leaf Addn. NO.2 to John R. Kreiman and setting matter for Public Hearing on
11-15-99 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 Nicholson. Motion carried 7-0.
City Manager submitting documents providing for construction of Technology Park Modifications
Project, upon motion received and filed. Voetberg moved adoption of: Resolution No. 618-99
Preliminary approval of plans & specs. for project in estimated amount of $31 ,364.03; Resolution No.
619-99 Fixing Date of Hearing on plans & specs. for November 15, 1999 and Resolution No. 620-99
Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending public hearing be set for November 15, 1999 to dispose of property at
2618 Jackson St., upon motion received and filed. Voetberg moved adoption of Resolution No. 621-
99 Advising of intent to dispose of property at 2618 Jackson St. to Peter & Angela Eck for sum of
$8000.00. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending public hearing be set for November 15 for issuance of $360,000 Urban
Renewal Tax Increment Revenue Bonds to support Horizon/OuCarte and CarteGraph Systems, Inc.
project. upon motion received and fried. Voetberg moved adoption of Resolution No. 622-99 Fixing
date for a meeting on the proposition of the issuance of not to exceed $360,000 Urban Renewal Tax
Increment Revenue Bonds. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of 5th Amendment to Development Agreement among City,
Horizon/OuCarte and CarteGraph and authorize Mayor to execute documents, upon motion received
and filed and approved recommendation.
City Manager requesting a public hearing be set for November 15 to dispose of easement for property
north of E. 16th St. between Farmland Foods and I & M Railroad tracks to Alliant Utilities (Interstate
Power Co.), upon motion received and filed. Voetberg moved adoption of Resolution No. 623-99
Advising of intent to dispose of Lot 1 of Kerper Industrial Park to Alliant Utilities. Seconded by
Nicholson. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 9:20 P.M.
1t 11/10
Mary 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, NOVEMBER 1,
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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11-1-99