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06 21 99 Minutes CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, June 21, 1999 Council Met at 7:00 P.M., Public Library Auditorium 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. Invocation was given by Rev. Greg Bjornstad, Chaplain of Luther Manor. MINUTES SUBMITTED: Civil Service of 5-5 & 5-18; Environmental Stewardship Advisory Commission of 5-4; Housing Commission Trust Fund Committee of 5-27; Historic Preservation Commission of 6-3; Park & Recreation Commission of 5-11 Zoning Advisory Commission of 6-2; Zoning Board of Adjustment of 6-27, upon motion received and filed. Finance Director submitting Financial report for month ending 5-31-99, upon motion received and filed. Proofs of publication on publishing List of Claims & Summary of Revenues for month ending April, 1999; and published Council proceedings for meeting of 5-17, upon motion received and filed. NOTICE OF CLAIMS/SUITS: Wendy Aitchison, mother of Mark Aitchison, in unknown amount for personal injuries; Dave & Mary Corpstein in amount of $10,000. for backed up sewer damages; John & Loretta Davis in amount of $3500.00 for backed up sewer damages; Kathleen M. Doty in amount of $300.00 for personal belongings loss; John Kass in est. amt. of $994..00 for backed up sewer damages; Greg & Lynn LeBlanc in amount of $160.00 for property damages; Eugene Neilson in amount of $1985.00 for vehicle damages; Keith aids in est. amt. of $1,000 to $1,500 for medical bills and personal injuries; Randy Post in amount of $2,210.09 for vehicle damages; Jeffrey Roen in amt. of $1,979.00 for backed up sewer damages; Roger's Auto Salvage in amount of $637,000 for flood damages; William Rouse in unknown amount for flood waters in basement; Gerald & Joyce Schissel in the amount of $250.00 for reimbursement of deductible amount on insurance for backed up sewer damages; Roger Slattery in amount of $290.00 for backed up sewer damages; Jodi & Jeremy Stuart in amount of $700.00 for backed up sewer damages, upon motion referred to the Legal Staff for investigation and report. Zoning Advisory Commission advising of their approval to grant University of Dubuque extension of time limit to June 20, 2000 for PR Planned Residential Conceptual Development Plan, upon motion received and filed. City Manager recommending approval of Agreement Amendment for recycling processing and marketing services contract with Browning Ferris Industries, upon motion received and filed. Buol moved adoption of Resolution No. 315-99 Authorizing the Third Amendment to City of Dubuque, Iowa Agreement for the processing and marketing of recyclables. Seconded by Nicholson. Motion carried 7-0. 1 Civil Service Commission certifying list of individuals who have successfully passed written exams for Police Promotionals: Police Captain, Police Corporal and Police Lieutenant, upon motion resolved to make this a matter of record. Janet Marxen advising of her withdrawal to be considered for appointment to the Library Board, upon motion received and filed. Zoning Advisory Commission advising of their approval of plat of portion of Dubuque Industrial Center, 12th Addition, upon motion received and filed. Buol moved adoption of Resolution No. 316-99 Approving the plat of survey of Lot 1-3 of Dubuque Industrial Center, 12th Addition in the City. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of amendment to Local Housing Assistance Program Contract, upon motion received and filed. Buol moved adoption of Resolution No. 317-99 Authorizing request for Contract Amendment to the Iowa Department of Economic Development, under the Local Housing Assistant Program Funds. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of Construction of Six Bay Garage Project, upon motion received and filed. Buol moved adoption of: Resolution No. 318-99 Accepting Improvement for project and Resolution No. 319-99 Approving final estimate in amount of $87,814.23. Seconded by Nicholson. Motion carried 7-0. Terrence, Martin, Linda and Wilfred Bahl General Partner of Wilfred R. Bahl Family Limited Partnership advising their preference to have their property annexed into the City of Dubuque and City Manager submitting comments regarding voluntary and Non-Consenting Annexation Request made by City of Asbury to City Development Board, upon motion received and filed. Copy of communication of City Manager to City of Asbury Mayor, requesting that the City of Asbury not approve annexation proposal for land east of Heacock Road, upon motion received and filed and approved request. Proof of Publication on Notice to Bidders on the Receipt of Bids for Five Flags Chiller Equipment and City Manager recommending to award contract for project, upon motion received and filed. Buol moved adoption of Resolution No. 320-99 Awarding Contract for project to Temperature Systems, Inc. in the amount of $53,330.00. Seconded by Nicholson. Motion carried 7-0. Proof of Publication on Notice to Bidders on Receipt of Bids for 1999 Concrete Paving Project NO.2 and City Manager recommending to award contract, upon motion received and filed. Buol moved adoption of Resolution No. 321-99 Awarding contract for project to Tschiggfrie Excavating in the amount of $755,958.68. Seconded by Nicholson. Motion carried 7-0. City Manager advising that Robert Klauer has been granted an extension from June 6, 1999 to July 30, 1999 to complete earth work on site restoration at 1105 Julien Dubuque Dr., upon motion resolved to grant the extension to July 6, 1999. City Manager recommending approval of Consortium Agreement between City and Dubuque County 2 for purposes of entitlement eligibility for HOME Program Funds, upon motion received and filed. Buol moved adoption of Resolution No. 322-99 Approving and authorizing execution of HOME Partnership Participation Program. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of Purchase of Service Agreement with Humane Society through 6-30-2000 and Mayor be authorized to execute, upon motion received and filed and approved recommendation. I DOT submitting their Highway Planning & Programming Guidance, upon motion received and filed. City Manager recommending approval of terms of bargaining agreement with Amalgamated Transit Union, upon motion received and filed. Buol moved adoption of Resolution No. 323-99 Approving Agreement between the City and the Amalgamated Transit Union, Local #329, and authorizing Mayor to sign agreement. Seconded by Nicholson. Motion carried 7-0. City Manager recommending submission of an application to IDEO for Local Housing Assistance Program (LHAP) in amount of $500,000, upon motion received and filed. Buol moved adoption of Resolution No. 324-99 Authorizing an application to the Iowa Department of Economic Development for Local Housing Assistant Program Funds. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of First Street and Locust Street Intersection Project, upon motion received and filed. Buol moved adoption of: Resolution No. 325-99 Accepting Improvement for project and Resolution No. 326-99 Approving final estimate in amount of $50,359.70. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of Public Improvements in Key Gate Center #3, upon motion received and filed. Buol moved adoption of Resolution No. 327-99 Accepting Public Improvements for Key Gate Center #3. Seconded by Nicholson. Motion carried 7-0. City Manager recommending execution of grant agreement with HUD for use of Federal Funds for Fiscal Year 2000, upon motion received and filed. Buol moved adoption of Resolution No. 328-99 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development. Seconded by Nicholson. Motion carried 7-0. City Manager recommending endorsement of the waste delivery contract tendered by the Dubuque Metropolitan Area Solid Waste Agency, upon motion received and filed and approved recommendation. City Manager recommending name change of Mercantile Bank of Eastern Iowa to Mercantile Bank Midwest be approved as a depository for the City, upon motion received and filed. Buol moved adoption of Resolution No. 329-99 Naming Depositories for the City. Seconded by Nicholson. Motion carried 7-0. City Manager recommending accepting of deed for Merchants Hotel property, upon motion received and filed. Buol moved adoption of Resolution No. 330-99 Accepting conveyance of real estate described at Lot 9 in the City of Dubuque from William N. Hos, deceased. Seconded by Nicholson. 3 Motion carried 7-0. City Manager recommending approval of Street Tree & Landscaping on Public right-of-way policy, upon motion received and filed and approved recommendation. Buol moved adoption of Resolution No. 330-99 Granting issuance of renewal Cigarette Permits to 12 outlets; Resolution No. 332-99 Granting issuance of Class liB" Beer Permits to Pizza Hut (2) and Dubuque Jaycees; and Resolution No. 333-99 Granting issuance of Class "C" Liquor Licenses to Airport Inn, Paul's Tavern, American Legion Post #6, Murph's South End Tap, Dubuque Lanes, Jym's Bar, One Flight Up, Dubuque Mining Co., Duke's Place; Class liB" Wine Permit to Ooh La La and Hy- Vee Stores. Seconded by Nicholson. Motion carried 7-0. BOARDS & COMMISSIONS: Individuals are invited to address the Council to express their desire to serve on various Boards or Commissions: Historic Preservation Commission - Applicants: Old Main: Duaine Greenfield. No one spoke. Library Board - Applicants: Thomas G. Goodman & Kevin Lynch. No one spoke. Long Range Planning Advisory Commission - Applicants: Stephen D. Cooper, Anna O'Shea, Michael E. Portzen, & David W. Rusk. Stephen Cooper & David Rusk both spoke. Park & Recreation Commission - Applicants: Tom Blocklinger, Chuck Duggan, Thomas Schrobilgen, Lynn Sheets, Robert Timmerman. No one spoke. TV Cable Regulatory Commission - Applicant: Walter Webster. No one spoke. TV Cable Teleprogramming Commission - Applicants: Anthony Allen and Dave Wanamaker. No one spoke. Zoning Advisory Commission - Applicants: Martha E. Christ, Robert W. Nagle, Carl Scherbring, Richard Schiltz, Ron Smith. Martha Christ, Richard Schiltz and Ron Smith all spoke. Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Asbestos Removal and Demolition and Site Clearance of the Merchants Hotel, and City Manager submitting various options regarding project by recommending approval of bids received for removal of asbestos and demolition of Merchants Hotel, and Terry Mozena requesting extension of deadline for 90 days, upon motion received and filed. Joe Ungs, 486 Clarke Dr., Charlie Glab, 804 English Lane, Jerry Enzler, 1921 Simpson St., Jeff Bertsch, 1040 Prince Phillip Dr., and John Gronen, 1766 Plymouth Ct., all spoke requesting time for salvaging the building. Ed Tschiggfrie spoke stating he is willing to hold his demolition bid price for two weeks. Michalski moved adoption of: Resolution No. 334-99 Adopting Plans & Specs. for project and Resolution No. 335-99 Awarding Contract for Asbestos Removal for the Merchants Hotel Building to Environmental Management Services in amount of $19,700. Seconded by Nicholson. Motion carried 7-0. Nicholson moved to table to the Council Meeting of July 6, 1999 the Resolution Awarding Contract for Demolition & Site Clearance for Merchants Hotel Building to Tschiggfrie Excavating Co. in the amount of $244,140.00. Carried by the following motion: Ayes--Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Nays--Duggan. Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of 4 Bids for Construction of Storm Damage Repair of Washington and Valley Streets and City Manager recommending to award contract for project, upon motion received and filed. Buol moved adoption of Resolution No. 336-99 Adopting Plans & Specs. for project and Resolution No. 337-99 Awarding Contract for project to River City Paving in the amount of $123,681.80. Seconded by Robbins. Motion carried 7-0. Proof of publication on Notice of Public Hearing to consider release of liens on property located in FDL Second Addition and City Manager recommending to approve release of liens, upon motion received and filed. Voetberg moved adoption of Resolution No. 338-99 Approving and authorizing Mayor to execute Partial Releases of real estate liens of the City of Dubuque for property described as Lot 2 of FDL Second Addition. Seconded by Robbins. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider disposing of property in Stone Hill Community Subdivision No. 1 and City Manager recommending to proceed with disposal, upon motion received and filed. Voetberg moved adoption of Resolution No. 339-99 Approving release of easement for an 18 foot wide Sanitary Sewer Easement on Lot 1-1-3 of Stone Hill Community Subdivision No. 1 to Padre Pio Health Care Center for costs of publication and filing fees. Seconded by Robbins. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider disposing of property in Dubuque Industrial Center 12th Addition and City Manager recommending to proceed with disposal, upon motion received and filed. Robbins moved adoption of Resolution No. 340-99 Approving release of easement for an 8 foot wide utility easement on Lot 2 of Dubuque Industrial Center 12th Addition to Dubuque Initiatives. Seconded by Nicholson. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to dispose of property at 975 Thomas Place and City Manager recommending approval of sale, upon motion received and filed. Buol moved adoption of Resolution No. 341-99 Approving disposal of city's interest in Lot 1 of Lot 2 of Mineral Lot 470 in the City to Larry M. Langas for sum of $300.00 plus cost of publication, platting and filing fees and Mayor to execute Quit Claim Deed. Seconded by Robbins. Motion carried 7-0. Upon motion it was resolved to remove the following item from the table. An Ordinance Reclassifying property located on Highway 20 West and Cousins road from Dubuque County A-1 Agricultural District to City of Dubuque C-3 General Commercial District with conditions, concurrent with annexation, Ordinance was tabled at meeting of June 7,1999, now presented for further action. Voetberg moved to amend the original motion with 15' height limitations and 1 DO' setback from Cousins Rd. and site evaluations no higher than 782' with no billboards allowed. Seconded by Buo!. Vote on the motion was as follows: Yeas--Buol, Nicholson, Voetberg. Nays--Duggan, Markham, Michalski, Robbins. Motion failed. Mary Kay Kleiner submitting petition containing 54 signatures requesting reduction of speed limit between 375 Fremont Ave. and 700 Fremont Ave. to 25 mph and City Manager submitting study reports and 2 ordinances providing for reducing speed limit to 30 miles per hour OR 25 miles per hour, upon motion received and filed. An Ordinance Revising Subsection (c) of Sec. 32-231 providing for establishment of speed limits on Fremont, Simpson St. to point approx. 1100 feet south of Simpson St. and from a point 700 feet north of Carriage Hill to Kelly Lane to 30 miles per hour and an Ordinance 5 Revising Subsection (c) of Sec. 32-231 providing for establishment of speed limits on Fremont. Simpson St. to point approx. 1100 feet south of Simpson St. and from a point 700 feet north of Carriage Hill to Kelly Lane to 25 miles per hour, presented and read. Upon motion it was resolved that the Engineering Dept. look at all of Fremont Ave. speed limits from Dodge St. all the way out and come back with a recommendation for speed limits and rational. City Manager recommending approval of final plat of Loras Estates, upon motion received and filed. Buol moved adoption of Resolution No. 342-99 Rescinding Resolution No. 310-95 and reaffirming the final plat of Loras Estates in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Commission requesting work session with City Council to review changes to the Historic Preservation Ordinance, upon motion requested that the Historic Pres. Comm. do the Five Step Problem Solving process and then come back to the Council with recommendations. City Manager concurring with recommended Census 2000 Complete Count Committee process and requesting Council Member to serve as Chairperson for Committee, upon motion recommending John Markham as Chairperson of the Committee. Greg Orwoll Executive Director of Colts, requesting suspension enforcement of residential parking regulations in area surrounding Senior High School from 3 p.m. to 11 p.m. on Wednesday, July 7th, in order to hold annual Music on the March program on Dalzell Field, upon motion received and filed and approved request. City Manager recommending approval of amended City Electrical Ordinance, upon motion received and filed. Ordinance No. 52-99 Amending Code of Ordinances by enacting a new Section 1-1 pertaining to revising and reenacting an Electrical Code for the City and providing for the issuance of permits and collection of fees therefor, 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. Seconded by Nicholson. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager submitting Ordinance providing for removal of parking on comer of 7th St. & Locust Streets and communication of Knights of Columbus supporting the Museum of Arts request, upon motion received and filed. Ordinance No. 53-99 Designating no-parking-at-any-time-zones on 7th Street, North side from Locust to Bluff Streets, 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 Michalski. Motion carried 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. City Manager recommending approval of FY99 Housing Trust Fund awards to Dubuque Food Pantry and as matching funds to an application to the Iowa Department of Economic Development, in support of affordable housing projects, upon motion received and filed and approved recommendation. City appointments to GDDC Board (Currently Board Members are City Manager, Mayor and Council Members Nicholson and Voetberg - terms expire 6-30-99), upon motion approved the same 6 appointees. Zoning Advisory Commission advising of their approval to reclassify property at 13091 Highway 20 West from County B-2 to City C-3 District as requested by Riley Development Co., upon motion received and filed. An Ordinance Amending Zoning Map by reclassifying property located on Highway 20 West from Dubuque County B-2 Business District to City of Dubuque C-3 General Commercial District concurrent with annexation, 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. Seconded by Nicholson. Motion carried 7-0. Michalski moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 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 Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval to reclassify property near Wooten and Clara Streets from R-1 to 10 District with 5 conditions, as requested by Mercy Health Center/Jim Schroeder, upon motion received and filed. An Ordinance Amending Zoning Map by amending Ordinance No. 35-93 by approving an amended Conceptual Development Plan for the Mercy Health Center 10 Institutional District and reclassifying property located at the end of Clara Street from R-2 Two-Family Residential District to 10 Institutional District, 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 Robbins. Motion carried 7-0. Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 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 Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their approval to reclassify property at South side of Starlight Dr. (Woodland Ridge Subdivision) from PUD to R-3 District as requested by Horizon DevelopmentlTim Puis, upon motion received and filed. An Ordinance Amending Zoning Map by reclassifying property located South of Starlite Drive from PR Planned Residential Designation to R-3 Moderate Density Multi- 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. Seconded by Nicholson. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 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 Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval on Text Amendment to Zoning Ordinance to establish requirements for paving of residential driveways as requested by City of Dubuque, upon motion received and filed. An Ordinance Amending Zoning Ordinance by amending Section 4-2.6 and adding a new Section pertaining to standards for installation of driveways, 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 Nicholson. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 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 Nicholson. Motion carried 7-0. City Manager recommending public hearing be set for July 6, 1999 to consider issuance of Tax 7 Increment Revenue Promissory Note (Interstate Power Co.), upon motion received and filed. Michalski moved adoption of Resolution No. 343-99 Fixing date of hearing for July 6 on the issuance of $800,000 Urban Renewal Tax Increment Revenue Promissory Note for Interstate Power Co. Seconded by Voetberg. Motion carried 7-0. City Manager submitting documents providing for Bee Branch Storm Sewer Cleaning, upon motion received and filed. Buol moved adoption of: Resolution No. 344-99 Preliminary approval of plans & specs. for project in estimated amount of $975,315.00; Resolution No. 345-99 Fixing Date of Hearing on plans & specs. for July 6, 1999; and Resolution No. 346-99 Ordering Bids and directing Clerk to advertise. Seconded by Markham. Motion carried 7-0. City Manager submitting documents providing for construction of Heron Pond Wetlands Nature Trail Project, upon motion received and filed. Voetberg moved adoption of: Resolution No. 347-99 Preliminary approval of plans & specs. for project in estimated amount of $194,583.00; Resolution No. 348-99 Fixing Date of Hearing on plans & specs. for July 19, 1999 and Resolution No. 349-99 Ordering Bids and directing Clerk to advertise. Seconded by Buol. Motion carried 7-0. City Manager submitting documents providing for construction of Kerper Court Paving & Utilities Project, upon motion received and filed. Michalski moved adoption of Resolution No. 350-99 Preliminary approval of plans & specs. for project in estimated amount of $929,701.94; Resolution No. 351-99 Fixing Date of Hearing on plans & specs. for July 19, 1999 and Resolution No. 352-99 Ordering Bids and directing Clerk to advertise. Seconded by Buol. Motion carried 7-0. City Manager submitting documents providing for construction of Eighth Street Reconstruction from Locust St. to Iowa St., upon motion received and filed. Voetberg moved adoption of: Resolution No. 353-99 Preliminary approval of plans & specs. for project in estimated amount of $1,034,689.06; Resolution No. 354-99 Fixing Date of Hearing on plans & specs. for July 19, 1999; Resolution No. 355- 99 Preliminary Approval of Resolution of Necessity; Resolution No. 356-99 Setting Hearing on Resolution of Necessity for 7-19-99; Resolution No. 357-99 Ordering Bids and directing Clerk to advertise; and Resolution No. 358-99 Approving Preliminary Schedule of Assessments. Seconded by Buol. Motion carried 7-0. At 9:37 P. M. upon motion it was resolved to go into Closed Session - In accordance with Chapter 21.50) 1997 Code of Iowa, 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 9:43 P.M. Council reconvened Regular Session and stated that Staff had been given direction and approval. There being no further business, upon motion meeting adjourned at 9:44 P.M. { ~:t:~~ City Clerk 1 t 6/30 8 TO: MARY A. DAVIS CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, JUNE 21, 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. ~~ 6-21-99