99 09 15 Minutes (Missing Cover Page!)Patricia Hogan in unknown amount for personal injuries Lisa K. Klein in undetermined amount for
property damages and losses; Robert & Heidi McDonald in amount of $176.00 for backed up sewer
damages; Marilyn J. Wilson in amount of $109.59 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: Vehicle damage of Leona Ryan;
Property damage and personal injury of Gail and Leonard Stoffel; Vehicle damage of Michael Van
Voors, upon motion received and filed.
Corporation Counsel recommending denial of following claims: Machinery damage of Gary
Augustin; Sewer backup of Kristi Trowbridge, upon motion approved denials.
Corporation Counsel recommending settlements of following claims and direct Finance Officer to
issue checks: Vehicle damage of Robert G. Puls in amount of $196.31; Reimbursement of tow
charges of Heather L. Dague in amount of $42.20; Sanitary Sewer backup damages of John
Merkes as part of the Sanitary Sewer Backup Assistance Program, upon motion received and filed
and approved recommendation.
Gail Stoffel appealing the denial of her claim for backup sewer damages and personal injuries,
upon motion referred to the City Manager.
City Manager recommending approval of resolution providing for use of revenues generated in
Downtown Urban Renewal TIF District, upon motion received and filed. Voetberg moved adoption
of Resolution No. 461-99 Rescinding Resolution No. 146-94 which established an annual limit
(75%) on the use of Revenues generated in the Downtown Urban Renewal Tax Increment
Financing District. Seconded by Nicholson. Motion carried 7-0.
Patrick Crahan of Flexsteel Industries, requesting City plant a few shrubs and deciduous trees in
the green space on east of Jackson St. from Milwaukee St. past Diamond Street up to Ruby Street,
upon motion referred to the City Manager.
Patrick Crahan requesting permission to install sprinkling system on Jackson St. between Ruby and
Milwaukee Streets, upon motion referred to the City Manager.
IDOT advising bid letting for project involving the Third Street bridge over U.S. 52/61/151 will be
at a later revised date, upon motion received and filed.
Civil Service Commission certifying list of individuals who has successfully passed the written exam
for position of Animal Control Officer, upon motion resolved to make this a matter of record.
City Manager requesting concurrence on purchase of generator for Five Flags, upon motion
received and filed and approved recommendation.
City Manager recommending approval to purchase 2 portable generators for Walter Pollution
2
control Plant, upon motion received and filed and approved recommendation.
City Manager recommending approval of Usage Agreement with the Dubuque Fighting Saints for
Five Flags facility, upon motion received and filed and approved recommendation.
City Manager recommending approval of partnership agreement with the U.S. Census Bureau,
upon motion received and filed and approved recommendation.
Zoning Advisory Commission approving correction plat of Emerald Acres No. 1, upon motion
received and filed. Voetberg moved adoption of Resolution No. 462-99 Approving rescinding
Resolution No. 336-99 and approving the correction plat of Emerald Acres No. 1 in the City.
Seconded by Nicholson. Motion carried 7-0.
City Manager submitting FY 1999 Street Finance Report, upon motion received and filed.
Voetberg moved adoption of Resolution No. 463-99 Approving City of Dubuque FY'99 Street
Finance Report. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending Letter of Support for Mines of Spain Trail Grant, upon motion received
and filed and approved.
City Manager recommending acceptance of Airport Restroom Remodeling and ADA Improvements,
upon motion received and filed. Voetberg moved adoption of: Resolution No. 464-99 Accepting
Improvement for project and Resolution No. 465-99 Approving final estimate in amount of
$54,472.68. Seconded by Nicholson. Motion carried 6-0.
City Manager recommending acceptance of Warranty Deed - 21st & Central, upon motion received
and filed. Voetberg moved adoption of Resolution No. 466-99 Accepting conveyance of property
located at 21st & Central from Melvin J. and Carmen Leslein. Seconded by Nicholson. Motion
carried 7-0.
Historic Preservation Commission advising of an appeal from Tim Wood and Vicki Bechen,
property owners at 623-627 Arlington St. in the West 11th St. Historic District regarding the denial
of installation of vinyl siding and requesting Council affirm or reverse the decision or refer back to
the Commission for further action, upon motion referred back to the Historic Preservation Comm.
Alice Connor submitting petition containing approx. 196 signatures requesting the maintenance of
present park-like atmosphere of Town Clock Plaza by preserving the trees along Main St. between
Town Clock & 9th Streets, upon motion referred to the City Manager.
City Manager recommending approval of CEBA loan for Cottingham and Butler Insurance Service,
Inc., upon motion received and filed. Voetberg moved adoption of Resolution No. 467-99
Authorizing the execution of a CEBA Loan Agreement of $90,000 to support Cottingham and
Butler's expansion project in downtown Dubuque. Seconded by Nicholson. Motion carried 7-0.
3
City Manager recommending approval of Agreement for the Region One Chief Elected Official
Board Workforce Investment Act of 1998, upon motion received and filed and approved
recommendation.
Dubuque Federation of Labor advising of their nomination of Emil "Mike" Stackis" and United Labor
Participation Committee submitting nomination of Marvin Mulert to serve as representative on
Regional Work Force Advisory Board, upon motion received and filed and approved
recommendation. Voetberg moved adoption of Resolution No. 468-99 Providing for cooperation
with other governmental units in the creation and operation of the service delivery Area One
Consortium. Seconded by Nicholson. Motion carried 7-0.
Upon motion it was resolved to approve Council Member Dan Nicholson as Voting Alternate for
NLC meeting.
Zoning Advisory Commission advising of their approval of plat of Adam's Company's Addn., upon
motion received and filed. Voetberg moved adoption of Resolution No. 469-99 Approving the plat
of Adams Company's Third Addition in the City. Seconded by Nicholson. Motion carried 7-0.
Voetberg moved adoption of: Resolution No. 470-99 Granting issuance of Renewal Cigarette
Permit to One Flight Up; Resolution No. 471-99 Granting issuance of Class "C" Beer Permits to
Casey's General Store, Family Mart, Inc., Kwik Stop Food Mart (2); Resolution No. 472-99
Granting issuance of Class "C" Liquor Licenses to One Flight Up and Tollbridge Inn. Seconded
by Nicholson. Motion carried 7-0.
BOARDS AND COMMISSIONS:
BUILDING CODE BOARD OF APPEALS:
Individuals invited to address Council requesting appointment. Applicants: Chuck Carr, Ronald
Jahns and Steven Gudenkauf. No one spoke.
Upon motion the rules were suspended to allow anyone present to address the Council if they so
desire.
Proof of Publication on notice of Public Hearing to consider reclassifying property located on
Highway 20 West and Cousins Road from AG to C-3 District (CatelStewart), upon motion received
and filed. Ordinance No. 69-99 Amending Zoning Map by reclassifying property located on
Highway 20 West and Cousins Road from AG Agricultural District to C-3 General Commercial
District, with conditions, said Ordinance having been presented and read at the Council Meeting
of 8-16-99, now presented for further action. Buol moved final consideration and passage of the
Ordinance. Seconded by Markham. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to consider reclassifying property located on
Highway 20 West near Cousins Road intersection from AG to C-3. (Dubuque Metropolitan Solid
Waste Agency), upon motion received and filed. Ordinance No. 70-99 Amending Zoning Map by
reclassifying property located on Highway 20 West near Cousins Road intersection from AG
Agricultural District to C-3 General Commercial District, said Ordinance having been presented and
4
read at the Council Meeting of 8-16-99, now presented for further action. Buol moved final
consideration and passage of the Ordinance. Seconded by Voetberg. Motion carried 7-0.
Proof of Publication in notice of Public Hearing to reclassify property at 11515 English Mill Road
from County A-1 to City C-3 and R-1 Districts, with conditions, concurrent with annexation; Mike
Portzen requesting that a second access be allowed for this development and Planning Services
Manager advising that 3/4 vote needed due to 20% of adjoining owners objecting to the rezoning,
upon motion received and filed. Ordinance No. 71-99 Amending Zoning Map by reclassifying
property located at 11515 English Mill Road from Dubuque County A-1 Agricultural District to City
of Dubuque C-3 General Commercial District and R-1 Single-Family Residential District, with
conditions, concurrent with annexation, said Ordinance having been presented and read at the
Council Meeting of 8-16-99 now presented for further action. Voetberg moved final consideration
and passage of the Ordinance and allow the second access. Seconded by Robbins. Motion
carried 7-0.
Proof of Publication on notice of Public Hearing to annex approx. 213 acres of property lying
outside of corporate limits located between English Mill Road and U.S. Highway 20, and
communication of Betty and Margaret Bradley objecting to proposed annexation and rezoning as
requested by Mr. Portzen, upon motion received and filed. Robbins moved adoption of Resolution
No. 473-99 Approving annexing certain property to the City of Dubuque as requested by Michael
Portzen, Developer and Gerald and Judith Siegert, Property owners/sellers located between
portions of English Mill Rd. & U.S. Hwy. #20. Seconded by Buol. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to amend Zoning Ordinance by amending Section
2-5.3(b), upon motion received and filed. Ordinance No. 72-99 Amending Zoning Ordinance by
amending Section 2-5.3(b) Temporary Uses to allow the City Planner to grant extensions to the
time limit for temporary uses, said Ordinance having been presented and read at the Council
Meeting of 8-16-99 now presented for further action. Buol moved final consideration and passage
of the Ordinance. Seconded by Michalski. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to dispose of City-owned property located on 9th
and Locust to American Trust and Savings Bank and City Manager recommending to proceed with
sale, upon motion received and filed. Robbins moved adoption of Resolution No. 474-99
Approving plat of survey of Lot A and Lot 1 of Tenth Street Subdivision and Resolution No. 475-99
Approving sale of Lot A and Lot 1 of Tenth Street Subdivision to American Trust & Savings Bank
for the sum if $18,000.00 plus related costs and authorizing Mayor to execute Quit Claim Deed.
Seconded by Nicholson. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to dispose of City's interest in West Ridge Second
Addition to Delbert Miller and City Manager recommending to approve sale, upon motion received
and filed. Markham moved adoption of Resolution No. 476-99 Approving disposal of City's
interest in Lot 13A of West Ridge Second Addition to Delbert Miller for the sum of $890.00 plus
related costs and Mayor to execute Quit Claim Deed. Seconded by Michalski. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to dispose of property described in a lease with
5
Nextel WIP Lease Corp. and City Manager recommending approval of lease, upon motion received
and filed. Buol moved adoption of Resolution No. 477-99 Approving Lease between City and
Nextel WIP Lease Corp. for the installation and operation of a wireless Telecommunication
Antenna Facility identified as site W-2 and located at 1575 West Third St. Seconded by Voetberg.
Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to dispose of property described in a lease with
Iowa Wireless Services, LP. and City Manager recommending approval of lease, upon motion
received and filed. Buol moved adoption of Resolution No. 478-99 Approving Lease between City
and Iowa Wireless Services, LP for the installation and operation of a wireless telecommunication
antenna facility identified as site W-2 and located at 1575 West Third St. Seconded by Robbins.
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 Cable Car Square Historic Lighting Project and City Manager
recommending to award contract for project, upon motion received and filed. Robbins moved
adoption of Resolution No. 479-99 Adopting Plans & Specs. for project and Resolution No. 480-99
Awarding Contract for project to Westphal Co., Inc. in the amount of $83,648.64. 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 Sanitary Sewer Reconstruction Project-Alley between Rhomberg and
Garfield, from Stanton to Shiras Ave. and City Manager recommending to award contract for
project, upon motion received and filed. Robbins moved adoption of Resolution No. 481-99
Adopting Plans & Specs. for project and Resolution No. 482-99 Awarding Contract for project to
W. C. Stewart in the amount of $106,996.51. 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 III AND City
Manager recommending to award contract for project, upon motion received and filed. Voetberg
moved adoption of Resolution No. 483-99 Adopting Plans & Specs. for project and Resolution No.
484-99 Awarding Contract for project to Putnam County Painting in the amount of $87,400.00.
Seconded by Robbins. Motion carried 7-0.
Upon motion it was resolved to reinstate the rules limiting discussion to Council.
DEFERRED FROM AUGUST 16th MEETING -John Herrig requesting that sidewalk scheduled to
be constructed on the East side of Embassy West Drive to the North from Penn. Ave. be deleted
from sidewalk project, upon motion it was resolved that section of Embassy West Dr. be deleted,
Staff bring back new assessments and rest of sidewalks go forth as development proceeds.
City Manager recommending adoption of an Ordinance relating to vehicular noise and prohibiting
the use of engine brakes; Petition containing 139 signatures requesting relief from excessive
exhaust noise with use of engine brakes; Wm. Kinsella requesting relief on use of engine brakes;
R. Scott Weiser, President of Iowa Motor Truck Assn., requesting that use of engine brakes be
6
allowed to continued to be used, upon motion received and filed. Ordinance No. 73-99 Amending
the Code of Ordinances Section 32-118 restricting the use of engine brakes and compression
brakes in such a way to cause excessive noise, 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
Voetberg. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance.
Seconded by Voetberg. Motion carried 7-0.
City Manager submitting ordinance providing for amendment to the Tax Increment Ordinance for
the Kerper Boulevard Industrial Park Economic Development District, upon motion received and
filed. Ordinance No. 74-99 Amending Ordinance No. 43-94 by amending the Tax Increment
Ordinance for the Kerper Boulevard Industrial Park Economic Development 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 Voetberg. Motion carried 7-0. Buol moved final consideration and
passage of the Ordinance. Seconded by Voetberg. Motion carried 7-0.
City Manager recommending approval of Forest Ridge Estates, upon motion received and filed.
Robbins moved adoption of Resolution No. 485-99 Approving final plat of Forest Ridge Estates in
Dubuque County. Seconded by Michalski. Motion carried 7-0.
City Manager recommending approval of survey plat of Block 13 Downtown Plaza, upon motion
received and filed. Voetberg moved adoption of Resolution No. 486-99 Approving plat of survey
of Lot 1 and 2 of Block 13, Dubuque Downtown Plaza. Seconded by Nicholson. Motion carried
7-0.
Mayor Duggan requesting to change start of meeting time of Council meetings to 6:30 P.M.
effective December 20, 1999, upon motion received and filed and approved request.
City Clerk advising of retirement effective 1-28-2000 and City Manager submitting a process to fill
the position, upon motion received and filed and accepted the resignation with regret and agreed
with the process.
Council Members Report -- Upon consensus it was agreed to set a date for a Special Meeting with
the Airport Commissioners.
Gity Manager submitting documents providing for construction of Landscaping of the Dubuque
Industrial Center West, upon motion received and filed. Michalski moved adoption of: Resolution
No. 487-99 Preliminary approval of plans & specs. for project in estimated amount of $100,000.00;
Resolution No. 488-99 Fixing Date of Hearing on plans & specs. for October 4, 1999; and
Resolution No. 489-99 Ordering Bids and directing Clerk to advertise. Seconded by Buol. Motion
carried 7-0.
City Manager submitting documents providing for construction of the Florence, Villa, and Mountain
7
Lane Sanitary Sewer Extension project, upon motion received and filed. Buol moved adoption of:
Resolution No. 490-99 Setting October 4, 1999 as date for public hearing on the intent to
commence a public improvement project to construct a sanitary sewer system and to acquire
property and easement for the sewer project; Resolution No. 491-99 Preliminary approval of plans
& specs. for project in estimated amount of $233,707.49; Resolution No. 492-99 Fixing Date of
Hearing on plans & specs. for October 4, 1999; Resolution No. 493-99 Preliminary approval of
Resolution of Necessity for project; Resolution No. 494-99 Fixing Date of Hearing on Resolution
of Necessity for October 4; Resolution No. 495-99 Preliminary Approval of Schedule of
Assessments for project; and Resolution No. 496-99 Ordering Bids and directing Clerk to advertise.
Seconded by Robbins. Motion carried 7-0.
City Manager submitting documents providing for construction of Curb Modification to the
intersection of 21st & Central, upon motion received and filed. Voetberg moved adoption of:
Resolution No. 497-99 Preliminary approval of plans & specs. for project in estimated amount of
$26,177.91; Resolution No. 498-99 Fixing Date of Hearing on plans & specs. for September 20,
1999; and Resolution No. 499-99 Ordering Bids and directing Clerk to advertise. Seconded by
Nicholson. Motion carried 7-0.
City Manager submitting documents providing for construction of Maryville Drive to Sarah Street
area, upon motion received and filed. Robbins moved adoption of: Resolution No. 500-99
Preliminary approval of plans & specs. for project in estimated amount of $71,319.18; Resolution
No. 501-99 Fixing Date of Hearing on plans & specs. for September 20, 1999; Resolution No.
502-99 Ordering Bids and directing Clerk to advertise. Seconded by Voetberg. Motion carried 7-0.
At 9:33 P.M., upon motion it was resolved to go into Closed Session In accordance with Chapter
21.5 1.(c) State Code of Iowa, 1999 as amended, To discuss strategy with counsel in matters that
are presently in litigation and (j) 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 10:40 P. M., Council reconvened Regular Session with statement that Staff had been given
proper direction.
There being no further business, upon motion meeting adjourned at 10:41 P.M.
/s/ Mary A. Davis CMC,
City Clerk
1 t 9/15
8