11 15 99 Minutes
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 15, 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: Council Member Voetberg at Roll Call.
Invocation was given by Father Robert Vogl, Professor-Emeritus of Religious Studies at Loras
College.
Proclamations: November as "Adoption Awareness Month" received by Jessica Lenth; and Nov.
16 as "Irving School Day" received by Barb Schoenaur, Principal of Irving School.
MINUTES SUBMITTED: Airport Commission of 10-25; Billboard Ad Hoc Committee of 10-25; Park
& Recreation Commission of 10-18; Plumbing Board of 10-18 & 10-26; Public Library Board of
Trustee of 9-22, upon motion received and filed.
Proofs of Publication on publishing List of Claims and Summary of Revenues for month ending 9-30-
99; City Board of Health quarterly meeting and Council meeting of 9-15 & 10-18 , upon motion
received and filed.
NOTICES OF CLAIMS/SUITS: Donald V. Brimeyer in amount of $44.52 for backed up sewer
damages; State Farm Insurance on behalf of their client, Glenn Hochberger, subrogation claim in
the amount of $1787.94 for vehicle damages; Michael J. Kelly in amount of $1000.00 for backed up
sewer 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 damage of Allied Property &
Casualty Insurance Company and Vehicle damage of Doug Staudt, upon motion received and filed.
REFUNDS REQUESTED -- Diane Theisen, d/b/a Copper Kettle, $211.15 on unexpired Liquor
License, upon motion received and filed and approved and Finance Director to issue proper check.
Dubuque County Zoning Commission advising of public hearing to be held on November 16 to
consider rezoning of property for J & J Tree Service located on Cedar Cross Road, upon motion
received and filed.
Dubuque County Board of Supervisors submitting "Abstract of Votes" for City general election held
on November 2, 1999, upon motion received and filed.
City Manager recommending granting assignment of Cargill, Inc. to AGRI, upon motion received and
filed. Buol moved adoption of: Resolution No. 624-99 Granting assignment of Cargill, Inc. lease
with City of Dubuque to AGRI Grain Marketing and Resolution No. 649-99 Granting assignment of
Cargill, Lease with City's to AGRI Grain Marketing. Seconded by Markham. Motion carried 6-0.
Zoning Advisory Commission advising of their approval of subdivision plat for property located East
of Tyra Lane in Dubuque County (Kevin & Valerie Schmitt), upon motion received and filed. Buol
moved adoption of Resolution No. 625-99 Approving plat of survey of Lots 1 thru 3 of Red Cedar
Estates NO.2 in Dubuque County, IA. Seconded by Markham. Motion carried 6-0.
City Manager recommending Enterprise Zone contract with IDEO for Cottingham & Butler, upon
motion received and filed. Rhodes (Bud) Isenhart spoke questioning specifics of this matter. Buol
moved adoption of Resolution No. 626-99 Approving Enterprise Zone Agreement by and among City
of Dubuque and Iowa Department of Economic Development and Cottingham & Butler Insurance.
Seconded by Markham. Motion carried 6-0.
City Manager recommending acceptance of Manhole Reconstruction project, upon motion received
and filed. Buol moved adoption of: Resolution No. 627-99 Accepting Improvement for project and
Resolution No. 628-99 Approving final estimate in amount of $54,405.20. Seconded by Markham.
Motion carried 6-0.
City Manager recommending approval of parking agreement for 35 parking spaces with Holiday Inn
Five Flags, upon motion received and filed. Buol moved adoption of Resolution No. 629-99
Authorizing City Manager to execute a parking agreement between City of Dubuque and Holiday Inn.
Seconded by Markham. Motion carried 6-0.
City Manager recommending approval of agreement between City and Match Point, LLC., upon
motion received and filed. Buol moved adoption of Resolution No. 630-99 Approving the termination
and assignment agreement by and among the City, Eagle Window & Door, Inc., Dubuque Eagle LLC
and Otto A, LLC. Seconded by Markham. Motion carried 6-0.
Copy of letter from lOOT to Monica Meissner regarding "train speed" in City, upon motion received
and filed.
City Manager recommending approval of FY'99 Housing Trust Fund Award to YWCA Battered
Woman Shelter in amount of $25,000, upon motion received and filed and approved
recommendation.
Buol moved adoption of Resolution No. 631-99 Granting issuance of Class "C" Beer Permits to Big
1 0 Mart, lOCO Speede Shoppe #93 and KWIK Stop Food Mart and Resolution No. 632-99 Granting
issuance of Class "C" Liquor Licenses to Aragon Tap, Inc., The Ground Round, Inc. Raysan Corp.
Inc. Seconded by Markham. Motion carried 6-0.
Upon motion the rule were suspended to allow anyone present to address the Council if they so
desire.
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Proof of Publication on Notice of Public Hearing to consider disposing of City's interest in Lot A and
B of Maple Leaf Addition NO.2. (Vacated portions of Maple Leaf Ave. and Monroe Ave. aka Louella
Lane), upon motion received and filed. Robbins moved adoption of Resolution No. 633-99 Approve
sale of Lot A and B of Maple Leaf Addition No. to John R. Kreiman upon release of grant of
easement across Lot 2-2-1-2 of SW 1/4 of W 1/4 of Sec. 12, T89N, R2E, 5th P.M. Seconded by
Robbins. Motion carried 6-0.
Proof of Publication on Notice of Public Hearing to dispose of City's interest of an easement in Lot
1 of Kerper Industrial Park to Alliant Utilities (Interstate Power Co.), upon motion received and filed.
Robbins moved adoption of Resolution No. 634-99 Approving disposal of an easement interest in
property located north of East 16th Street between Farmland Foods and the I&M Railroad tracks to
Alliant Utilities ( Interstate Power Company). Seconded by Nicholson. Motion carried 6-0.
Proof of Publication on Notice of Public Hearing to dispose of property at 2618 Jackson St., upon
motion received and filed. Buol moved adoption of Resolution No. 635-99 Approving sale of
property at 2618 Jackson St. to Peter V. and Angela M. Eck for sum of $8000.00. Seconded by
Michalski. Motion carried 6-0.
Proof of Publication on Notice of Hearing on the issuance of $360,000 Urban Renewal Tax
Increment Revenue Bonds for the Dubuque Industrial Center/South Economic Development District
including the funding of an economic development grant to Horizon/DuCarte, LLC., upon motion
received and filed. Buol moved adoption of Resolution No. 636-99 Instituting proceedings to take
additional action for the issuance of not to exceed $360,000 Urban Renewal Tax Increment Revenue
Bonds. Seconded by Nicholson. Motion carried 6-0.
City Manager recommending to authorizing issuance of bonds and approve execution of all
documents, upon motion received and filed. Buol moved adoption of Resolution No. 637-99
Authorizing and providing for the issuance of $360,000 Urban Renewal Tax Increment Revenue
Bonds, Taxable Series 1999C, of the City of Dubuque, and providing for the securing of such bonds
for the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque,
designated as the Dubuque Industrial Center/South Economic Development District. Seconded by
Nicholson. Motion carried 6-0.
Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt
of Bids for Demolition of Building at 351 Iowa Street and City Manager recommending to award
contract for project, upon motion received and filed. Robbins moved adoption of Resolution No.
638-99 Adopting Plans & Specs. for project and Resolution No. 639-99 Awarding Contract for project
to Tschiggfrie Excavating Co. in the amount of $30,248.00. Seconded by Nicholson. 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 Technology Park Maintenance Project and City Manager recommending
to award contract for project, upon motion received and filed. Buol moved adoption of Resolution
No. 640-99 Adopting Plans & Specs. for project and Resolution No. 641-99 Awarding Contract to
Tschiggfrie Excavating Co. in the amount of $30,045.25. Seconded by Nicholson. Motion carried
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6-0.
Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt
of Bids for Construction of Schmitt Harbor Boat Ramp Project and City Manager recommending to
award contract for project, upon motion received and filed. Robbins moved adoption of Resolution
No. 642-99 Adopting Plans & Specs. for project and Resolution No. 643-99 Awarding Contract for
project to Tschiggfrie Excavating Co. in the amount of $96,343.25. Seconded by Michalski. Motion
carried 6-0.
Council Member Voetberg entered the Chambers at 7:34 P.M.
TABLED FROM MEETING OF NOVEMBER 1 1999
Upon motion the following was removed from the table:
Ordinance No. 97-99 Amending Zoning Map by reclassifying property located in the 2900 block of
Kane Street from 10 Institutional District to PUD Planned Unit Development District with a PR
Planned Residential District Regulations and adopting a Conceptual Development Plan with
conditions, for Pine Knolls Condominiums (Boge), with first and second readings given on 10-18-99,
now presented for further action.
Tom Welter, Ralph Schauer, David Ross, Kim Pyle, Barb Becker, Jim Sullivan, and Merle Langkamp
all spoke questioning the possibility of this development affecting the water runoff in that area.
Buol moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion
carried 7-0.
Dr. & Mrs. James A. Sullivan and Norbert Steinhauser opposing any additional water bring run-off
their property on West 32nd St. and City Manager recommending acceptance of storm management
plan as submitted by Steven Soge of Kane Development Corporation, upon motion received and
filed.
Proof of Publication on Notice of Public Hearing to reclassify property at southwest corner of Old
Highway Road and Seippel Road from County R-1 to City MHI and L1, concurrent with annexation.
(Stewart); Petition containing 93 signatures objecting to rezoning request; Joe & Enid Wysocki,
Gwen & Rudy Mulinnix, Pat & Sandi Welsh and Janell & Kevin Kotz objecting to granting rezoning
to Stewart Construction; Communication from Attorney Todd Stevenson, on behalf of Wayne
Stewart, requesting that matter regarding rezoning of property at southwest corner of Old Highway
Road and Seippel Road be removed from the agenda, and the Ordinance Amending Zoning Map
by reclassifying property located at Southwest corner of Old Highway Road and Seippel Road from
Dubuque County R-1 Rural Residential District to the City's MHI Moderate Heavy Industrial and LI
Light Industrial Districts, concurrent with annexation (said matter denied by Zoning Advisory
Commission and then presented at meeting of 10-18-99 with no readings given, upon motion
concurred with the denial of Zoning Advisory Comm.
Proof of Publication on Notice of Public Hearing to reclassify property at 3195 Jackson Street from
C-2 to CS District, Copies of letters to Mark Becker expressing appreciation for improving the
property at 32nd and Jackson Sts; Rezoning of property at 3195 Jackson St. - Zoning Advisory
Comm. advising of their reconsideration taken at previous meeting, therefore, if Council agrees,
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motions should be Motion "B" and Motion "A," upon motion received and filed. Herbert Hoffman,
David Frommelt and Tom Jackson spoke endorsing the project. Roger Gartner, Monica Ehlers, and
John Driscoll spoke objecting to the rezoning. Mark Becker, owner of the property, spoke defending
the objections raised.
Ordinance No. 98-99 Amending Zoning Map by reclassifying property located at 3195 Jackson Street
from C-2 Neighborhood Shopping District to CS Commercial Service and Wholesale District, said
Ordinance presented on October 18 with no readings given, now presented for final 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 consideration and passage of the Ordinance. Seconded by Buol. Motion
carried 7-0.
Proof of Publication on Notice of Public Hearing to amend Sign Regulations for City Code of
Ordinances, upon motion received and filed. Peg Hudson of American Trust spoke requesting to
erect free standing signs at the new American Trust building at 9th and Main Sts. Ordinance No.
99-99 Amending Zoning Ordinance by adopting a new Section 4-3.11 Schedule of Sign Regulations
for the C-4 Zoning District in lieu thereof, pertaining to the On-Premise Sign Regulations for Jackson
Park Historic District properties zoned C-4 Downtown Commercial District, with first and second
readings given on 10-18-99, now presented for final 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 moved final consideration and passage
of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--Duggan, Buol,
Markham, Nicholson, Robbins. Nays--Michalski, Voetberg.
Upon motion the rules were reinstated limiting discussion to the Council.
City Manager recommending approval of Ordinance regarding "Requirements for Vehicles Hauling
Solid Waste," upon motion received and filed. Ordinance No. 100-99 Amending Chapter 40 of City
Code and adding a new paragraph thereto regarding "Requirements for Vehicles hauling Solid
Waste," 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 final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending amendments to Heating, Ventilating and Air Conditioning (Mechanical
Code) Ordinance, upon motion received and filed. Ordinance NO.1 01-99 Enacting a new Section
24-1 of City Code pertaining to revising and reenacting a Mechanical Code for City of Dubuque and
providing for issuance of permits and collection fees therefor, 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
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
Nicholson. Motion carried 7-0.
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City Manager recommending approval of amended city Plumbing Ordinance as presented, upon
motion received and filed. Ordinance No. 102-99 Enacting a new Section 37-1 of the City Code of
Ordinances pertaining to revised and reenacting a plumbing code for the City and providing for
issuance of permits and collection fees therefor, 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 moved final
consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending Flexsteellnc. be authorized to construct underground sprinkler system
on their property on Jackson St., upon motion received and filed. Ordinance No. 103-99 Authorizing
Flexsteellnc. to construct underground sprinkler system at 3400 Jackson St., presented and read.
Markham 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 moved final consideration and passage of the Ordinance. Seconded by Voetberg. Motion
carried 7-0.
City Manager recommending Mike Schmalz Jr. to allowed to bury wires at 2001 Alta Vista St., upon
motion received and filed. Ordinance No. 104-99 Authorizing Mike Schmalz Jr. to bury wires at
2001 Alta Vista St., presented and read. Robbins 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 moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending to purchase property at 301 Main Street (former Army Surplus Building)
from Dubuque Initiatives in the amount of $107,133, upon motion received and filed and approved
recommendation.
City Manager recommending the selection of Vedi Associates and IIW Engineers be selected for
design of the new Parking Ramp at Third & Iowa Streets in total amount of $275,500.00, upon
motion received and filed and approved recommendation.
City Manager recommending reconstruction of street at Alpha & Van Buren as exists without any
realignment of stop signs, upon motion received and filed and concurred with recommendation.
Robert Remakel spoke requesting that they don't narrow the Street at the intersection.
City Manager recommending approval on the appointment of a Cable Franchise Renewal
Negotiating Team for cable franchise renewal with AT&T Cable Services, upon motion received and
filed and approved recommendation.
Zoning Advisory Commission advising of their approval to reclassify property opposite of Red Violet
Drive from AG to R-1 District as requested by QHQ DevelopmenUKen Moore Construction, upon
motion received and filed. An Ordinance Amending Zoning Map by reclassifying East part of Phase
I Sunny Slope Estates opposite of Red Violet Drive from AG Agricultural District to R-1 Single-Family
Residential District, presented and read. Michalski moved that the requirement that a proposec'
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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 6th day of December, 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 reclassify property at 14986 Old Highway
Road from AG to R-1 District as requested by City of Dubuque, upon motion received and filed. An
Ordinance Amending Zoning Map by reclassifying recently annexed property at 14986 Old Highway
Road from AG Agricultural District to R-1 Single-Family Residential District, presented and read.
Markham 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 6th day of
December 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 reclassify properties at 12155, 12101, and
12033 Cousins Road from AG to R-1 District as requested by City of Dubuque, upon motion received
and filed. An Ordinance Amending Zoning Map by reclassifying recently annexed properties_at
12155, 12101 and 12033 Cousins Road from AG Agricultural District to R-1 Single-Family
Residential 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 and further moved that a Public Hearing be held on the
proposed Ordinance on the 6th day of December, 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 Markham.
Motion carried 7-0.
Zoning Advisory Commission advising of their approval to reclassify properties west of the Northwest
Arterial along Highway 20, Westside Court, Radford Road and Old Highway Road, upon motion
received and filed. An Ordinance Amending Zoning Map by reclassifying recently annexed above
properties into the City from AG Agricultural District to R-1 Single-Family Residential, R-3 Moderate
Density Multi-Family Residential District, C-3 General Commercial District, CS Commercial Service
and Wholesale District, and PUD Planned Unit Development with a PR Planned Residential
designation, 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 6th day of December, 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 Markham. Motion
carried 7-0.
City Manager submitting documents providing for construction of Highway 20 Landscape Design Bid
Package #1. upon motion received and filed. Michalski moved adoption of: Resolution No. 644-99
Preliminary approval of plans & specs. for project in estimated amount of $450,000; Resolution No.
645-99 Fixing Date of Hearing on plans & specs. for December 20th at 6:30 P.M. in the Public
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library Auditorium and Resolution No. 646-99 Ordering Bids and directing Clerk to advertise.
Seconded by Voetberg. Motion carried 7-0.
City Manager requesting public hearing be set for December 6th to consider a public hearing on
issuance of $3,100,000 Urban Renewal Tax Increment Revenue Bonds for expansion of the Fifth
Street Parking Ramp, upon motion received and filed. Voetberg moved adoption of Resolution No.
647 -99 Fixing date for meeting on the proposition of the issuance of $3,100,000 Urban Renewal Tax
Increment Revenue Bonds in order to provide funds to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal project activities in Downtown District, including but
not limited to the construction of additional levels of parking spaces and expansion of the structured
parking facility located on Iowa St. between 5th & 6th Sts. Seconded by Robbins. Motion carried
7-0.
City Manager recommending public hearing be set for December 20, 1999 to consider disposing of
Lot 9 (Merchant Hotel site) (and option for Lot 10 "Dolan's Building") to Dubuque Area Chamber of
Commerce, upon motion received and filed. Voetberg moved adoption of Resolution No. 648-99
(1) Approving minimum requirements, Competitive Criteria, Offering procedures for disposition of
certain Urban Renewal property; (2) Determining that the proposal submitted by Dubuque Area
Chamber of Commerce satisfies the offering requirements and declaring the intent of the City to
enter into the Development Agreement with Dubuque Area Chamber of Commerce in the event that
no competing proposal are submitted: and (3) soliciting competing proposals and further set this
matter for Public Hearing on Dec. 20th 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 Buo!' Motion carried 7-0.
At 9:45 P.M. upon motion it was resolved to go into Closed Session In accordance with Chapter
21.5 1.U) State Code of Iowa, 1999 as amended, 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 10:01 P.M. Council reconvened Regular Session stating that Staff had been given direction.
There being no further business, upon motion meeting adjourned at 10:02 P.M.
dAA~A~
~~. ~~ViS CMC,
City Clerk
1t 11/24
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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 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.
I~Vth//;7tlM
MAYOR
11-15-99