Minutes City Council 5 7 01CITY OF DUBUQUE,
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, May 7, 2001
Council Met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is the regular session of the City Council called
for the purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Pastor Victor St. George, St. Matthew's Lutheran Church.
Mayor Duggan swore in Council Member Joseph Robbins as Mayor Pro-Tem.
PROCLAMATIONS: Hospital Week (May 6 - 12, 2001) received by David Schaller of The
Finley Hospital; Tourism Week (May 6 - 12, 2001) received by Sue Czeshinski of the
Convention and Visitors Bureau; Historic Preservation Week (May 13- 19, 2001) received by
Planning Director Laura Carstens; Nursing Home Week (May 13 - 19, 2001) received by
Barbara Barker; Mental Health Month (May) received by Betty Allen; and Leave a Legacy
Month (May) received by Stan Schwartz and Pat Judge; Cystic Fibrosis Weekend (May 19-20,
2001) received by Mary Ernst.
CONSENTITEMS
Minutes Submitted: City Council Proceedings of 4/16; Civil Service Commission of 4/3 and
4/6; Environmental Stewardship Advisory Commission of 4/3; Five Flags Commission of 4/16;
Human Rights Commission of 3/12 and 3/26; Investment Oversight Advisory Commission of
4/19; Library Board of Trustees of 3/22; Mechanical Code Board of 4/24; Transit Board of 2/8,
upon motion received and filed. Proof of Publication of Council Proceedings for April 2, 2001,
upon motion received and filed. Investment Oversight Commission Quarterly Report; Third
Quarterly Report of the Substance Abuse Services Center; Chamber of Commerce Convention
and Visitors Bureau Quarterly Report, upon motion received and filed,
Notice of Claims/Suits: Eleanor Avenarius in estimated amount of $1,741 for personal
injury; B & W Properties (Vicki Bechen and Tim Wood) vs. the City Council of Dubuque;
Crompton Corporation vs. City of Dubuque; Dutrac Community Credit Union vs. City of
Dubuque Housing Services Department and City of Dubuque; Peter J. Eisbach in estimated
amount of $656.28 for property damage; Hillcrest Associates vs. City of DubUque; James E.
Judge in estimated amount of $1,777.50 for property damage; Judy K. Kaiser in undetermined
amount for personal injury; David Ludovissy in estimated amount of $500 for property damage;
McKillup Auto Diagnostics, Inc., in estimated amount of $879 for property damage; Old
Republic Insurance Company vs. City of Dubuque and Chartaire, Inc.; Carol J. Paul in
estimated amount of $548.32 for vehicle damage; Ronald R. Riniker in estimated amount of
$2,784.60 for property damage; Sheila C. Wolbers in estimated amount of $166.56 for property
damage, upon motion referred to the legal staff for investigation and report.
Corporation Counsel advising that the following claims have been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Eleanor
Avenarius for personal injury; Peter J. Eisbach for property damage; James E. Judge for
property damage; Judith Kaiser for personal injury; McKillip Auto Diagnostics, Inc. for property
damage; Carol J. Paul for vehicle damage; Ronald R. Riniker for property damage, and
Corporation Counsel recommending denial of the claim of Joseph E. Dolan for property
damage, upon motion received and filed and concurred with the recommendations.
Dubuque County - Request to Vacate: Communication from Fred H. McCaw, Dubuque
County Attorney, requesting that a portion of Eighth Street between Central Avenue and Iowa
Street be vacated, upon motion received and filed and referred to the City Manager.
Cathedral Neighborhood Association: Communication from Ken Kringle, President of the
Cathedral Neighborhood Association, requesting permission to place historic benches in their
neighborhood, upon motion received and filed and referred to the City Manager.
Dubuque Museum of Art: Communication from the Dubuque Museum of Art requesting the
vacating of parking places on Seventh Street and the addition of new parking spaces on the
east side of Bluff Street between Seventh and Eighth Streets, upon motion received and filed
and referred to the City Manager.
Civil Service Commission - Maintenance Worker: Civil Service Commission submitting the
certified list for the position of Maintenance Worker, upon motion received and filed and made a
matter of record.
Agreement with Four Mounds Foundation for Summer Day Camp Program: City Manager
recommending approval of a grant agreement with the Four Mounds Foundation to provide the
summer day camp program as part of the Uptown Recreation Program, upon motion received
and filed and approved agreement.
Agreement with ISU Extension Services for Uptown Recreation Programs: City Manager
recommending approval of a grant agreement with ISU Extension Services to provide summer
programs as part of the Uptown Recreation Program, upon motion received and filed and
approved agreement.
Sister City Program: Communication of Council Member John Markham inviting Mrs.
Ludmila Mitrofanenko to visit the City of Dubuque as part of the Sister City program and letter
from Jeff Bullock, on behalf of the Presidents of the Tri~College Cooperative Effort, extending
their official invitation, upon motion received and filed.
Legislative Issues: Communication of City Manager to area legislators advising of the City's
opposition to House File 324 and House File 582; and urging support for the passage of the
state gaming tax bill as passed by the House Ways and Means Committee, upon motion
received and filed.
CEBA - Cottingham and Butler Insurance Service, Inc.: Communication from the Iowa
Department of Economic Development advising that they have approved the City's Community
Economic Betterment Account (CEBA) on behalf of Cottingham and Butler Insurance Service,
Inc., upon motion received and filed.
Florence, Villa, Mountain Lane - Final Assessment Acceptance: City Manager
recommending approval of the final schedule of assessments for the Florence, Villa and
Mountain Lane sanitary sewer installation project. Buol moved adoption of Resolution No. 164-
01 Adopting the final assessment schedule for the Florence, Villa, and Mountain Lane sanitary
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sewer extension including certain information required by the Code of Iowa, specifically, the
number of annual installments into which assessments are divided, the interest on all unpaid
installments, the time when the assessments are payable and directing the Clerk to certify the
final schedule and to publish notice thereof. Seconded by Markham. Motion carried 7-0.
Bennett Street Storm Sewer Reconstruction Project - Acceptance: City Manager
recommending acceptance of the Bennett Street Storm Sewer Reconstruction Project in the
final contract amount of $39,302.06, upon motion received and filed. Buol moved adoption of
Resolution No. 165-01 Accepting improvement and Resolution No. 166-01 Approving final
contract amount of $39,302.06. Seconded by Markham. Motion carried 7-0.
Fifth Street Ramp Expansion - Acceptance: City Manager recommending acceptance of the
Fifth Street Ramp Expansion project in the final contract amount of $2,001,920.53, upon motion
received and filed. Buol moved adoption of Resolution No. 167-01 Accepting improvement
and Resolution No. 168-01 Approving final contract amount of $2,001,920.53. Seconded by
Markham. Motion carried 7-0.
HUD Healthy Homes Initiative Grant Application: City Manager recommending authorization
to execute an application for a Healthy Homes Initiative Demonstration Grant, upon motion
received and filed. Buol moved adoption of Resolution No. 169-01 Authorizing the Mayor to
execute an application for a Healthy Homes Initiative Demonstration Grant. Seconded by
Markham. Motion carried 7-0.
Enterprise Zone Commission: City Manager recommending approval of the appointment of
members to the Enterprise Zone Commission, upon motion received and filed and approved
recommendation.
Iowa Inn - Downtown Rehab Loan Terms: City Manager recommending approval of a
change in the repayment terms of the City's TIF funded Downtown Rehabilitation Loan
previously approved for the Iowa Inn project, upon motion received and filed. Buol moved
adoption of Resolution No. 170-01 Authorizing a change in the terms of the Downtown
Rehabilitation Loan to MetroPlains Development, LLC. Seconded by Markham. Motion
carried 7-0.
Quarterly Investment Report: City Manager submitting the March 31, 2001 Quarterly
Investment Report, upon motion received and filed.
Riprow Valley Restoration Project - Selection of Amheologist: City Manager recommending
the approval of Mississippi Valley Archeology Center to perform a Phase I archeological survey
for the Riprow Valley Recreation Area project, upon motion received and filed.
Fire Grant Application: City Manager recommending approval of a $43,000 grant application
to the United States Fire Administration in the Wellness/Fitness Category and authorizing the
$13,500 (10 percent) local share, upon motion received and filed and approved
recommendation.
Notice of Finding of No Significant Impact and Release of Funds for Community
Development Block Grant Programs: City Manager recommending approval of publication of a
combined notice of no significant impact on the environment and notice of intent to request
release of funds for Community Development Block Grant Programs, upon motion received and
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filed and approved recommendation. Buol moved adoption of Resolution No. 171-01
Authorizing publication of a combined notice of finding of no significant impact on the
environment and notice of intent to request release of funds for certain Community
Development Block Grant projects for Fiscal Year 2002 (Program Year 2001). Seconded by
Markham. Motion carried 7-0.
Amendment to the Platinum Hospitality Group LLC Facility Management Agreement: City
Manager recommending approval of an amendment to the Platinum Hospitality, Inc. Facility
Management Agreement for the Mississippi River Education and Conference Center, upon
motion received and filed and approved recommendation.
Amendment to the Platinum Hospitality Group LLC Development Agreement: City Manager
recommending approval of an amendment to the Platinum Hospitality Development Agreement,
upon motion received and filed. Buol moved adoption of Resolution No. 172-01 Approving
Third Amendment to the Development Agreement between the City of Dubuque and Platinum
Holdings, LLC. Seconded by Markham. Motion carried 7-0.
Dubuque Jaycees - Transfer of Liquor License: Transfer of Class B Beer Permit for
Dubuque Jaycees "All that Jazz" Tent A, on June 15, 2001, from Town Clock Plaza to Iowa
Street Ramp in case of rain, upon motion received and filed and approved.
Business Licenses: Buol moved adoption of Resolution No. 173-01 Granting issuance of a
Class C Beer Permit to Oky Doky #1, Beecher Beverage, McCann's Service, Inc., 16th Street
Auto/'rruck Plaza, Tobacco Outlet Plus #504, and Oky Doky #2; and Class B Beer Permit to
Catfish Festival, Dubuque Jaycees Main Event, and Dubuque Jaycees Tent A, B and C for All
That Jazz, and Resolution No. 174-01 Granting issuance of a Class A Liquor License to
Dubuque Golf and Country Club; Class C Liquor License to Dempsey's & Molly's Pub and
Grub, Breaktime Bar and Grill, and Denny's Lux Club; Class BW Liquor License to Athenian
Grill and Four Seasons Buffet; and Class WB Wine License to Oky Doky #1 and Beecher
Beverage #2. Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Community Development Advisory Commission: (Two Vacancies) Applicant: Paula Maloy
SVM (Census Tract 10). Upon motion Paula Maloy SVM appointed to the Community
Development Advisory Commission, representing Census Tract 10, for an unexpired three year
term which will expire 2/15/04.
Zoning Board of Adjustment (One Vacancy), Applicant: Randall J. Klauer. Upon motion
Randall J. Klauer appointed to a five year term which will expire 3/25/06.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council if
they so desire;
Residential Parking Permit District - Senior High School Area: Proof of publication on notice
of hearing on establishment of Residential Parking Permit District E for portions of streets
around Senior High School, upon motion received and filed. Ordinance No. 24-01 Amending
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the Code of Ordinances of the City of Dubuque, Iowa by adopting a new Section 32-398 thereto
providing for the designation of portions of North Grandview Avenue, Rosedale Avenue, Algona
Street, and Avoca Street as a Residential Parking Permit 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 final consideration and passage of the Ordinance. Seconded
by Nicholson. Motion carried 7-0.
General Obligation Bonds for the America's River Project: Proof of publication on notice of
hearing and City Manager recommending the sale of not to exceed $12,500,000 General
Obligation Bonds for the America's River Project, upon motion received and filed. Jerry Enzler,
Executive Director of the Dubuque County Historical Society and Sue Czeshinski of the
Convention and Visitors Bureau both spoke in favor of the sale of the bonds. Rhodes Isenhart,
8908 Quail Ridge Ct. spoke questioning the use of TIF monies. Markham moved adoption of
Resolution No. 175-01 Instituting proceedings to take additional action for the issuance of not to
exceed $12,500,000 General Obligation Bonds. Seconded by Robbins. Motion carried 7-0.
Flat Iron Park Renovation: Proofs of publication on notice of hearing on plans and
specifications, and notice to bidders on the receipt of bids, and City Manager recommending
award of the contract for the renovation of Flat Iron Park to Fondell Excavating, Inc., in the
amount of $142,921.02, upon motion received and filed. Markham moved adoption of
Resolution No. 176-01 Adopting plans and specifications for the project and Resolution No.
177-01 Awarding contract to Fondell Excavating, Inc., in the amount of $142,921.02.
Seconded by Michalski. Motion carried 7°0.
Hamilton Street Storm Sewer Reconstruction: Proofs of publication on notice of hearing on
plans and specifications, and notice to bidders on the receipt of bids, and City Manager
recommending award of the contract for reconstruction of the Hamilton Street Storm Sewer to
Drew Cook and Sons Excavating in the amount of $23,285.73, upon motion received and filed.
Robbins moved adoption of Resolution 178-01 Adopting plans and specifications for the
project and Resolution No. 179-01 Awarding contract to Drew Cook and Sons Excavating in the
amount of $23,285.73. Seconded by Nicholson. Motion carried 7-0.
Wilbdcht Lane Storm Sewer Improvements: Proofs of publication on notice of hearing on
plans and specifications, and notice to bidders on the receipt of bids, and City Manager
recommending award of the contract for the Wilbricht Lane Storm Sewer Improvements to
Connolly Construction, Inc. in the amount of $22,971.29, upon motion received and filed.
Robbins moved adoption of Resolution 180-01 Adopting plans and specifications for the project
and Resolution No. 181-01 Awarding contract to Connolly Construction, Inc. in the amount of
$22,971.29. Seconded by Michalski. Motion carried 7-0.
Upon motion the rule was reinstated limiting discussion to the Council.
ACTION ITEMS
Request for Proposals (RFP) for Preparation of Plans and Specifications for the Opening of
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Main Street from 5 Street to 9 Street; City Manager recommending approval of the issuance
of a Request for Proposals for the Town Clock Plaza, upon motion received and filed and
approved recommendation.
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Off-Premise Sign Permit Moratorium: City Manager recommending that the existing permit
moratorium for off-premise signs be rescinded, upon motion received and filed. Ordinance No.
25-01 Amending Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances by
amending Section 3-43(f), to establish a ninety (90) day extension of the existing moratorium
on the issuance of permits for off-premise signs, presented and read. Buol moved that the
requirement that a proposed Ordinance be considered and voted on for passage at two Council
Meetings prior to the meeting at which it is to be finally passed be suspended and further
moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion
carried 7-0.
Audit Services: City Manager recommending approval of the appointment of Eide Bailly LLP
as the City's auditing firm for the next five years, upon motion received and filed and approved
recommendation.
ITEMS TO BE SET FOR PUBLIC HEARING
Flora Pool and Sutton Pool Water Playgrounds: City Manager recommending initiation of
the bidding process for the construction of the Flora Pool and Sutton Pool Water Playgrounds
and setting a public hearing for June 18, 2001, upon motion received and filed. Michalski
moved adoption of: Resolution No. 182-01 Preliminary approval of plans and specifications;
Resolution No. 183-01 Fixing date of hearing on plans and specifications for 6/18/01 at a
meeting to commence at 6:30 p.m. in the Public Library Auditorium and direct the City Clerk to
publish notice in the manner prescribed by law; and Resolution No. 184-01 Ordering bids.
Seconded by Nicholson. Motion carried 7-0.
Dubuque Girls' Independent Softball League Lease: City Manager recommending that a
public hearing be set for May 21,2001 to consider a lease with the Dubuque Girls' Independent
Softball League for part of the Riprow Valley property, upon motion received and filed.
Michalski moved adoption of Resolution No. 185-01 Fixing date of hearing on lease agreement
for 5/21/01 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium and direct
the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
Center Grove Storm Sewer: City Manager recommending initiation of the bidding process
for the Center Grove Storm Sewer reconstruction project and setting a public hearing for June
4, 2001, upon motion received and filed. Michalski moved adoption of: Resolution No. 186-
01 Preliminary approval of plans and specifications; Resolution No. 187-01 Fixing date of
hearing on plans and specifications for 6/4/01 at a meeting to commence at 6:30 p.m. in the
Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by
law; and Resolution No. 188-01 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
Jackson Street Storm Sewer Reconstruction: City Manager recommending initiation of the
bidding process for the Jackson Street Storm Sewer Reconstruction Project and setting a public
hearing for June 4, 2001, upon motion received and filed. Michalski moved adoption of:
Resolution No. 189-01 Preliminary approval of plans and specifications; Resolution No.190-01
Fixing date of hearing on plans and specifications for 6/4/01 at a meeting to commence at 6:30
p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner
prescribed by law; and Resolution No. 191-01 Ordering bids. Seconded by Nicholson. Motion
carried 7-0.
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Algona Street Reconstruction Project: City Manager recommending initiation of the bidding
process for the Algona Street Reconstruction Project and setting a public hearing for June 4,
2001, upon motion received and filed. Michalski moved adoption of Resolution No. 192-01
Preliminary approval of plans and specifications; Resolution No. 193-01 Fixing date of hearing
on plans and specifications for 6/4/01 at a meeting to commence at 6:30 p.m. in the Public
Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law;
Resolution No. 194-01 of Necessity; Resolution No. 195-01 Fixing date of hearing on
Resolution of Necessity for 6/4/01 at a meeting to commence at 6:30 p.m. in the Public Library
Auditorium and direct the City Clerk to publish notice in the manner prescribed by law;
Resolution No. 196-01 Approving preliminary schedule of assessments; Resolution No. 197-
01 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2001 Second Budget Amendment: City Manager recommending that a public
hearing be set for May 21, 2001 to consider the Fiscal Year 2001 Second Budget Amendment,
upon motion received and filed. Michalski moved adoption of Resolution No. 198-01 Directing
the City Clerk to publish proposed amendment to the Fiscal Year 2001 Budget and date of
public hearing for 5/21/01 at a meeting to commence at 6:30 p.m. in the Public Library
Auditorium and direct the City Clerk to publish notice in the manner prescribed by law;
Seconded by Nicholson. Motion carried 7-0.
Canfield Hotel - Temporary Easement and Intent to Dispose: City Manager recommending
that a public hearing be set for May 21,2001 to consider a temporary easement on the Canfield
Hotel site and the disposition of property south of the Canfield Hotel to Robert Klauer, upon
motion received and filed. Michalski moved adoption of Resolution No.199-01 Intent to
dispose of an interest in City-owned Real Property to Robert D. Klauer and set for Public
Hearing on 5/21/01 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium and
direct the City Clerk to publish notice in the manner prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
At 7:19 P.M. upon motion it was resolved to go into Closed Session re: Property acquisition
(Iowa Code Chapter 21-.5(1)(j).
At 8:00 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 8:01 P.M.
hneider
City Clerk
It 5/16
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