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07 06 99 Minutes CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, Tuesday, July 6, 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 cailed for the purpose to act upon such business which may properly come before the Council. Invocation was given by Ann Barrash, President, Dubuque Area Congregations United. PROCLAMATIONS: Supporting and recognizing musicians, volunteers and Director Greg Orwoll regarding Colts Drum and Bugle Corps of Dubuque, lA, received by Greg Orwoll; Supporting the Dubuque Census 2000 Complete Count Committee received by Laura Carstens. MINUTES SUBMITTED -- Five Flags Commission of 5-17; Housing Code Appeals Board of 1-19; Human Rights of 5-10; Long Range Planning Commission of 6-16; Park & Recreation of 6-8; Transit Board of 5-13, upon motion received and filed. Proofs of Publication on publishing Council proceedings for meetings of 6-2 & 6-7, upon motion received and filed. Printed Council Proceedings for month of May, 1999 for approval, upon motion approved as printed. NOTICE OF CLAIMS/SUITS: Brian Davis in amount of $60.86 for vehicle damages; Louis Hendricks in amount of $2000.00 for backed up sewer damages; C.Gaa Holdiman in unknown amount for property damages; Ronald & Carol Jahns in amount of $171.39 for backed up sewer damages; Mrs. Ruth Metcalf in amount of $1,671.51 for backed up sewer damages; Dale & Marcia Weiland in amount of $1900.00 for backed up storm sewer damages; Marion Williams 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 ro Public Entity Risk Services of Iowa, the Agent for the Iowa Communities Assurance Pool: Personal injury of Wendy Aitchison; Vehicle damage of William R. Armstrong; Property damage of Kenneth Beck; Vehicle damage of Lindsy Brandes; Property damage of Dave & Mary Corpstein; Property damage of Cottingham & Butler; Property damage of John & Loretta Davis; Property damage of Kathleen M. Doty; Property damage of Michele Harry-Segura; Property damage of Russell & Leona Hibben; Sewer backup of Larry Hurst; Property damage of John M. Kass; Property damage of George & Marilyn Langas; Property damage of Thomas J. Lange; Property damage of Larry & Lorri Liddle; Personal injury and vehicle damages of Robert McPoland; Property damages of John Merkes (2); Property damage of Patrick M. Miller; Vehicle damage of Eugene A. Neilson; Personal injury of Keith Olds; Property damage of Mike & Sue Polkinghorn; Vehicle damage of Randy J. Post; Property damage of Dat Quach; Property damage of Jeffrey A. Roen; Property and Business Loss of Roger's 1 Auto Salvage; Property damage of William G. Rouse; Property damage of Gerald & Joyce Schissel; Property damage of Dianne Schneider; Property damage of Roger Slattery; Property damage of Jodi and Jeremy Stuart; Property damage of Marvin Weber, upon motion received and filed. Corporation Counsel recommending denial of following claims: Tire damage of Marlene Furry; Property damage of Daniel R. Grutz, upon motion received and filed and approved recommendations of denial. Corporation Counsel recommending settlements of property damage claim of Phill Schmerbach in the amount of $75.00 and vehicle damage claim of Dennis Richey in the amount of $164.30 and direct Finance Director to issue proper checks, upon motion received and filed and approved recommendations of settlements. Mercy Medical Center (Mercy) requesting Clara Street be shortened and cul-de-sac relocated to allow for development of property owned by Mercy, upon motion referred to the City Manager. City Manager recommending approval of Hillcrest Usage Agreement for use of Murphy Park from November 1 st, 1999 through January 12, 2000, upon motion received and filed and approved recommendation. City Manager requesting approval to execute Licensing Agreement for GIS, upon motion received and filed. Buol moved adoption of Resolution No. 359-99 Authorizing City Manager or his designee to sign contracts with Dubuque Area Geographic Information System Data Licenses. Seconded by Michalski. Motion carried 7-0. City Manager recommending approval of subordination agreement with State of Iowa for CEBA award on behalf of Dubuque Data Services, upon motion received and filed. Buol moved adoption of Resolution No. 360-99Authorizing and directing Mayor to execute a UCC Security AgreemenUFinancing statement Subordination Agreement with State of Iowa for Dubuque Data Services Community Economic Betterment Account (CEBA) Loan. Seconded by Michalski. Motion carried 7-0. Copy of City Manager's letter to City Development Board requesting public input be allowed regarding two voluntary annexation requests by the City of Asbury, upon motion received and filed. City Manager recommending approval of assignment of the Ice Harbor Parking Agreement, upon motion received and filed. Buol moved adoption of Resolution No. 361-99 Consenting to assignment of the Ice Harbor Parking Agreement and the Ice Harbor Sublease Agreement from Greater Dubuque Riverboat Entertainment Company, L.C. to Peninsula Gaming Company, L.C.C. Seconded by Michalski. Motion carried 7-0. Buol moved adoption of: Resolution No. 362-99 Granting issuance of Cigarette Licenses to 6 outlets; Resolution No. 363-99 Granting issuance of Class "C" Beer Permits to KWIK Stop Convenience Store; Oky Doky Food #14, JFK Amoco Foodshop and Family Beverage Center; Resolution No. 364-99 Granting issuance of Class "C" Liquor Licenses to Fischer Lanes, Bodine's, 2 Walnut Tap, Knickers Saloon, House of China and Loras College and Class "B" Wine Permit to Family Beverage Center. Seconded by Michalski. Motion carried 7-0. BOARDS AND COMMISSIONS: - APPOINTMENTS to following Boards/Commissions: Historic Preservation Commission: Applicant-- Duaine Greenfield (Old Main District). Upon motion Duaine Greenfield reappointed to a three year term that will expire 7-1-02. Library Board of Trustees: Applicants -- Thomas Goodman & Kevin Lynch. Mayor appointed and upon motion Council concurred with the appointment of Thomas Goodman and Kevin Lynch for four year terms that will expire 7-1-03. Long Range Planning Commission: Applicants -- Stephen Cooper, Anna O'Shea, Michael Portzen, David Rusk. Upon motion Stephen Cooper appointed to the unexpired term which will expire 7-1-01 and Anna O'Shea, Michael Portzen and David Rusk reappointed to three year terms which will expire 7-1-02. Park & Recreation Commission: Applicants: Tom Blocklinger, Chuck Duggan, Thomas Schrobilgen, Lynn Sheets, Robert Timmerman. Upon vote Tom Blocklinger and Thomas Schrobilgen reappointed to three year terms which will expire 6-30-02. TV Cable Regulatory Commission: Applicant -- Walter Webster. Upon motion Walter Webster reappointed to a three year term which will expire 6-30-02. TV Cable Teleprogramming Commission: Applicants -- Anthony Allen, Dave Wanamaker Upon motion Anthony Allen and Dave Wanamaker reappointed to three year terms which will expire 6-30-02. Zoning Advisory Commission: Applicants--Martha Christ, Robert Nagle, Carl Scherbring, Richard Schiltz, Ron Smith. Upon vote Martha Christ, Richard Schiltz and Ron Smith reappointed to three year terms which will expire 7-1-02. Upon motion it was resolved to suspend the rules 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 Property Owners for 1999 Sidewalk Assessments - John F. Kennedy Road from Asbury Road to Spring Valley; communications of Henry 1. and Marion D. Pliner, Sheri & Patrick Clancy and a Petition containing 41 signatures (100% of assessed property owners) objecting to assessments and the need for project, upon motion received and filed. Arnie Honkamp, on behalf of Honkamp & Krueger at 2345 JFK Road, spoke objecting to the project and the assessments. Mike Maggio, 2343 Gordon Dr., Mike Rettenberger, 2291 Gordon, LeRoy Timmerman, 2636 J. F. Kennedy Rd., Kathy Burton, 2531 J. F. Kennedy Rd., Donna Morris, Manager of Kennedy Manor - Owen Cl. apartments, Gene Siegert, 2659 J. F. Kennedy, Gene Heeren, 2639 J.F. Kennedy, Mike Donlin, 2361 Gordon, Nancy McKillip, 2419 Gordon, all spoke objecting to the project citing there is no need for the sidewalks in this area, plus there would be extreme difficulty in keeping it shoveled. A Resolution Adopting Plans & Specs. for project; A Resolution With Respect to adoption of the Resolution of Necessity for project; and Resolution Ordering Bids for project and Clerk to advertise, presented and read. Buol moved adoption of the Resolutions. Seconded by Nicholson. Vote on the motion was as follows: Yeas--None. Nays--Buol, Duggan, Markham, Michalski, Nicholson, Robbins, Voetberg. MOTIONS FAILED. 3 Proof of Publication on Notice to Property Owners regarding amendment to 1999 P.C. Concrete Paving Project - No. 1 Preliminary Schedule of Assessments to include Water Service Assessments and City Manager recommending to proceed with project, upon motion received and filed. Mary Kay Schwind spoke objecting to assessment for the water. Maxine Fresinger of 2603 Van Burne spoke objecting to the assessment cost. Voetberg moved adoption of Resolution No. 365-99 With Respect to the adoption of the Resolution of Necessity, as amended, for project. Seconded by Robbins. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans & Specs.; Notice to Property Owners and Notice to Bidders on the Receipt of Bids for Construction of Adams Addition Sanitary Sewer Extension on Rockdale Road and City Manager recommending to award contract for project, upon motion received and filed. Markham moved adoption of: Resolution No. 366-99 Adopting Plans & Specs. for project; Resolution No. 367-99 With Respect to the adoption of the Resolution of Necessity for proposed project; Resolution No. 368-99 Awarding Contract for project to Portzen Construction Co. in the amount of $62,380.60. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans & Specs.; Notice to Property Owners and Notice to Bidders on the Receipt of Bids for Construction of Miller Road Sanitary Sewer Extension Project and City Manager recommending to award contract for project, upon motion received and filed. Buol moved adoption of: Resolution No. 369-99 Adopting Plans & Specs. for project; Resolution No. 370-99 With Respect to the adoption of the Resolution of Necessity for proposed project; Resolution No. 371-99 Awarding Contract for project to Drew Cook & Sons Excavating, Co., Inc. in the amount of $56,702.55. Seconded by Robbins. Motion carried 7-0. The following was tabled from the meeting of June 21, 1999 and upon motion it was removed from the table. Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Merchants Hotel Building (304-326 Main St.) Demolition and Site Clearance Project and City Manager recommending to award contract for project, upon motion received and filed. John Gronen submitted an updated progress report regarding renovation of Merchants Hotel and requesting an additional thirty days to put together agreements with interested parties and Kenneth Kringle, Chairperson of the Historic Preservation Commission, supporting the restoration of the Merchants Hotel, upon motion received and filed. Jeff Bertsch on behalf of JMJ Partnership spoke stating the need for discussion with the City Manager and Chamber of Commerce for final arrangements and agreements, also stating that Scan. Net Inc. is submitting a proposal agreement and requesting an additional thirty days time and $250,000 from the City for renovation of the building. Steve Harman of the Chamber of Commerce spoke of the lack of progress and the Chamber's need for a building. John Gronen spoke stating their commitment to continuing with the project. Ed Tschiggfrie spoke that he is willing to hold his demolition bid for another 30 days. A Resolution Adopting Plans & Specs. for project and a Resolution Awarding Contract for project to Tschiggfrie Excavating Company in the amount of $244,140.00, presented and read. Buol moved that the $250,000 not be given to JMJ Partnership. Seconded by Markham. Carried by the following vote: Yeas--Buol, Duggan, Markham, Nicholson, Robbins, Voetberg. Nays--Michalski. Robbins moved to grant an extension of time to the 8-2-99 4 Council Meeting. Seconded by Nicholson. Carried by the following vote: Yeas--Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Nays--Duggan. Proof of Publication on Notice of Public Hearing to consider reclassifying property at 2509 Lincoln from R-1 to R-2 District (Requested by Ron White), upon motion received and filed. Ron White, the applicant for this rezoning, showed slides of his work and requested favorable rezoning. Ordinance No. 54-99 Amending Zoning Map by reclassifying property at 2509 Lincoln Ave. from R-1 Single-Family Residential District to R-2 Two-Family Residential District (said rezoning denied by Zoning Advisory Commission, the set for hearing on 6-7-99), 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. Seconded by Robbins. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider amendment of Ordinance No. 35- 93 amending Conceptual Development Plan for Mercy Health Center 10 District, upon motion received and filed. Jim Schroeder of Mercy Medical Center spoke requesting favorable rezoning. Jeff Bahl, Ambulance Driver with Heartland, of 15650 Derby Grange Rd., spoke requesting approval of the amendment. Ordinance No. 55-99 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 (first & second readings given 6-21-99), now presented for further action. Voetberg moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7 -0. Proof of Publication on Notice of Public Hearing to consider reclassifying property located on Highway 20 West from County B-2 District to City C-3 District (Riley Development Co.), upon motion received and filed. Jim Riley spoke requesting the rezoning. Ordinance No. 56-99 Amending Zoning Map by reclassifying property located on Highway 20 West from Dubuque County B-2 Business District to City's C-3 General Commercial District, concurrent w/annexation (first and second reading given on 6-21-99), now presented for further action. Robbins moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider reclassifying property South of Starlite Drive from PR to R-3 District. (Horizon Development Group, LLC), upon motion received and filed. Tim Puis spoke requesting the rezoning as proposed. Ordinance No. 57-99 Amending Zoning Map by reclassifying property located South of Starlight Drive from PR Planned Residential Designation to R-3 Moderate Density Multi-Family Residential District (first and second readings given on 6-21-99), now presented for further action. Robbins moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider Text Amendment to Zoning Ordinance providing for special provisions for off-street parking and storage of vehicles in residential district and installation of driveways, upon motion received and filed. An Ordinance Amending 5 Zoning Ordinance by adding definitions of "Aisle" and "Driveway" and modifying the definition of "Garage, Residential," and by amending Section 4-2.6 Special Provisions for Off-Street Parking and Storage of Vehicles in Residential District by adding a new Section 4-2.6(D) Standards for installation of driveways (first & second reading given 6-21-99), now presented for further action. Voetberg moved to refer this matter back to Staff. Seconded by Nicholson. 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 Bee Branch Storm Cleaning Project and City Manager recommending to reschedule public hearing and readvertise for bids, upon motion received and filed. Michalski moved adoption of: Resolution No. 372-99 Rescinding Resolution NO.345-99 Resetting Date of Hearing on plans & specs. to July 19, 1999 and Resolution No. 373-99 Rescinding Resolution No. 346-99 and Directing Clerk to readvertise for bids for project. 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 William M. Black Steamboat Restoration Project - Phase I (Fire Protection and Watermain Extension) and City Manager recommending to award contract for project, upon motion received and filed. Markham moved adoption of: Resolution No. 374-99 Adopting Plans & Specs. for project and Resolution No. 375-99 Awarding Contract for project to Tri-State Automatic Sprinkler Corporation in the amount of $59,675.15. Seconded by Buo!. 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 William M. Black Steamboat Restoration Project - Phase II (Hurricane Deck Roofing) and City Manager recommending to award contract for project, upon motion received and filed. Robbins moved adoption of: Resolution No. 376-99 Adopting Plans & Specs for project and Resolution No. 377-99 Awarding Contract for project to Geisler Brothers Roofing, subject to concurrence of IDOT, in the amount of $79,464.57. Seconded by Nicholson. 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 1999 Curb Ramp Installation - CDBG AND City Manager recommending to award contract for project, upon motion received and filed. A Resolution Adopting Plans & Specs. for project and a Resolution Awarding Contract for project to Perry Construction in the amount of $57,572.40, presented and read. Robbins moved to table action on this matter. Seconded by Michalski. 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 USHA Park Grading AND City Manager recommending to award contract for project, upon motion received and filed. Voetberg moved adoption of: Resolution No. 378-99 Adopting Plans & Specs. for project and Resolution No. 379-99 Awarding Contract for project to Connolly Construction Inc. in the amount of $65,252.55. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the 6 Receipt of Bids for Construction of Five Flags Theater Toilet Renovation Project and City Manager recommending to award contract for project, upon motion received and filed. Michalski moved adoption of: Resolution No. 380-99 Adopting Plans & Specs. for project and Resolution No. 381-99 Awarding Contract for project to Renaissance Development in the amount of $132.861.00. Seconded by Markham. 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 Five Flags Chiller Equipment Installation and City Manager recommending to award contract for project, upon motion received and filed. Robbins moved adoption of Resoiution No. 382-99 Adopting Plans & Specs. for project and Resolution No. 383-99 Awarding Contract for project to MMC Mechanical Contractors, Inc. in the amount of $72,800.00. Seconded by Nicholson. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider issuance of $800,000 Urban Renewal Tax Increment Revenue Promissory Note (Interstate Power Company Loan) and City Manager recommend to proceed with issuance and Note, upon motion received and filed. Voetberg moved adoption of: Resolution No. 384-99 Instituting Proceedings to take additional action for the issuance of a $800,000 Urban Renewal Tax Increment Revenue Promissory Note and Resolution No. 385-99 Authorizing and providing for the issuance and securing the payment of a $800,000 Urban Renewal Tax Increment Revenue Promissory Note of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said promissory note. Seconded by Nicholson. Motion carried 7-0. Michael Pratt, General Manager of McLeodUSA addressed the Council advising of the return of loan agreement between City and McLeodUSA, upon motion received and filed and accepted the return of the unsigned loan agreement. City Manager recommending to concur with Dubuque County's request to have 8th Street remain closed to traffic for expansion of Law Enforcement Center, upon motion received and filed and approved recommendation. Atty. David Setter, representing Paul & Jayne Cate, requesting Council to reconsider their rezoning request for land located on Highway 20 West, upon motion it was resolved to reconsider and to place this matter on the next Council Agenda. Atty. Todd Stevenson, on behalf of Wayne Stewart and Stewart Construction requesting Council reconsider its action regarding zoning of approx. 9.5 acres of real estate located on Highway 20 West and Cousins Road, upon motion resolved to reconsider. City Manager recommending approval of Ordinance fixing fees for domestic (Septic Tanks) sewage discharged at treatment plant, Welu Pumping Services and Triple J Septic Tank Service commenting on proposed rate increase, upon motion received and filed. Ordinance No. 58-99 Amending Section 44-71(f) providing for fixing fees for haulers of Domestic (Septic Tanks) Sewage Discharged at the Wastewater Treatment Plant, 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 Nicholson. Carried by the following vote: Yeas--Buol, Duggan, Markham, Michalski, Robbins, Voetberg. Nays--Nicholson. Voetberg moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--Buol, Duggan, Markham, Michalski, 7 Robbins, Voetberg. Nays--Nicholson. City Manager recommending installation of steps and landing on public right-of-way at 900 Central Ave., upon motion received and filed. Ordinance No. 59-99 Authorizing Marde Enterprises to construct steps and landing at 900 Central Ave., 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 Buol. Motion carried 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. City Manager submitting an ordinance providing for increase in false alarm responses, upon motion received and filed. Ordinance No. 60-99 Enacting a new Sec. 3-16(3) in lieu thereof providing an increase in service charges for false alanm responses, 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 requesting confinmation on the appointment of the members of the Ad Hoc Committee on Billboards, upon motion confinmed the committee as recommended and Lamar Outdoor Advertising Co. representative be Ann Tressel. City Manager submitting bidding documents providing for Klingenberg Terrace Retaining Wall Reconstruction Project, upon motion received and filed. Voetberg moved adoption of: Resolution No. 386-99 Preliminary approval of plans & specs. for project in estimated amount of $336,183.00; Resolution No. 387-99 Fixing Date of Hearing on Plans & Specs. for August 2, 1999; Resolution No. 388-99 Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0. Kathleen McMullen, General Manager of TCI requesting possible waiver of franchise Ordinance to grant TCI permission to charge an administrative fee on delinquent accounts and City Manager recommending public hearing be set for August 16, 1999 to consider request on waiver of certain provisions of Ordinance No. 42-81, upon motion set public hearing for 8-16-99 at 7:00 p.m. in the Public Library Auditorium. City Manager recommending approval of amendment to lease with DRA for property in Ice Harbor, upon motion received and filed. Voetberg moved adoption of Resolution No. 389-99 Advising of intent to dispose of an interest in real property by an amendment to Lease with Dubuque Racing Association (Ice Harbor). Seconded by Robbins. Motion carried 7-0. There being no further business, upon motion meeting adjourned at 11 :31 P.M. Jlu1d~ Mary A. Davis CMC, City Clerk 1t 7/16 8 TO: MARY A. DAVIS CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON TUESDAY, JULY 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. 7 -6-99