Minutes Council 6 4 01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, June 4, 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 Michael 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 Reverend George Bauman, Pastor, Holy Trinity Lutheran Chumh.
Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation,
gave a verbal progress report.
David Rusk, Chairperson of the Downtown Planning Committee, spoke giving an update
on the Committee's efforts and upcoming events for a downtown visioning process.
CONSENTITEMS
Minutes Submitted: Airport Commission of 5/21; Five Flags Commission of 5/21; Historic
Preservation Commission of 4/19 and 5/17; Housing Commission of 5/1; Human Rights
Commission of 4/9; Transit Board of 5/10, upon motion received and filed.
Notice of Claims/Suits: Zachary S. Breitbach in estimated amount of $370 for vehicle
damage; Scott Lovett in estimated amount of $3,057.29 for vehicle damage; Robert Mclntyre
in estimated amount of $2,425.18 for vehicle damage; Chad Weydert in estimated amount of
$250 for vehicle damage, upon motion received and filed and 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: Amber
Kallenberger for personal injury; Robert Mclntyre for motorcycle damage, upon motion
received and filed and concurred.
Corporation Counsel advising that the claim of Fieldon Atchison for grass replacement has
been settled, upon motion received and filed and concurred.
Citizen Communication: Communication from David W. Leifker to the Iowa Department of
Transportation regarding the dangerous design/condition of Highway 20 West between the
Northwest Arterial and Old Highway 20 intersections, upon motion received and filed.
Starlight Drive and Lake Ridge Drive - Site Plan: Zoning Advisory Commission advising of
their approval of the site plan for a new medical office building on the southeast corner of
Starlight Drive and Lake Ridge Drive in Hansel's Planned Commercial District, upon motion
receivedand filed and approved recommendation.
Brewery Acquisition and Rehabilitation Project - Combined Notice: 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 the Brewery Acquisition and
Rehabilitation Project, upon motion received and filed. Buol moved adoption of Resolution
No. 230-01 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 the Brewery
Acquisition and Rehabilitation Project. Seconded by Markham. Motion carried 7-0.
County of Dubuque - Application for Enterprise Zone Designation: City Manager
recommending that the City support the County's application to the Iowa Department of
Economic Development for an Enterprise Zone in Dubuque County which would include the
Dubuque Technology Park and the Dubuque Regional Airport, upon motion received and
filed. Buol moved adoption of Resolution No. 231-01 of Support for Dubuque County's
application to the Iowa Department of Economic Development requesting certification of an
Enterprise Zone in Dubuque County. Seconded by Markham. Motion carried 7-0.
2000 PC Concrete Paving Project - No. 2 (Burden Street and North Burden Street): City
Manager recommending approval of the Final Assessment Schedule for the 2000 PC
Concrete Paving Project - No. 2 (Burden Street and North Burden Street), upon motion
received and filed. Buol moved adoption of Resolution No. 232-01 Adopting the final
assessment schedule for the 2000 PC Concrete Paving Project - No. 2 (Burden Street and
North Burden Street) 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.
Sheridan Road Storm Sewer Reconstruction: City Manager recommending acceptance
of the Sheridan Road Storm Sewer Reconstruction Project in the final contract amount of
$116,689.71, upon motion received and filed. Buol moved adoption of Resolution No. 233-
01 Accepting improvement and Resolution No. 234-01 Approving final contract amount of
$116,689.71. Seconded by Markham. Motion carried 7-0.
Adoption of Supplement No. 49 to the Code of Ordinances: City Manager recommending
adoption of Supplement No. 49 to the Code of Ordinances, upon motion received and filed.
Buol moved adoption of Resolution No. 235-01 Adopting Supplement No. 49 to the Code of
Ordinances. Seconded by Markham. Motion carried 7-0.
Contract for Red Light Running Pilot Program: City Manager recommending approval of a
contract with Nestor Traffic Systems of Providence, Rhode Island for a Red Light Running
Pilot Program, upon motion received and filed and approved contract.
Dakota, Minnesota, and Eastern Railroad Corporation: Communication from the Surface
Transportation Board of Washington, DC regarding the environmental review process for the
Dakota, Minnesota, and Eastern Railroad Corporation proposed Powder River Basin
Expansion Project, upon motion received and filed.
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National Fire Protection Association Standards: City Manager recommending that the City
encourage the National Fire Protection Association Standards Council to reject Standard
1710 in its entirety, upon motion received and filed and approved recommendation.
McAninch Corporation v. City of Dubuque: Corporation Counsel advising that agreement
has been reached with the McAninch Corporation to resolve the pending lawsuit against the
City of Dubuque within the guidelines established by the City Council, upon motion received
and filed.
iPCS Wireless, Inc. v. Zoning Board of Adjustment: Corporation Counsel advising that the
City has prevailed on a motion to dismiss the certiorari proceeding against the Zoning Board
of Adjustment, upon motion received and filed.
Business License Refund: Request of Tim Martin, Riverside Bowl, Inc. for a beer and
liquor license refund in the amount of $422.50, upon motion received and filed and approved.
Business Licenses: Buol moved adoption of Resolution No. 236-01 Granting issuance of
24 renewals to sell Cigarettes and Cigarette Papers in the City of Dubuque; Resolution No.
237-01 Granting issuance of Class "B" Permit to Pizza Hut #1 (2075 John F. Kennedy Road)
and Pizza Hut (320 East 20th Avenue); and Class "C" Beer Permit to HyVee Food Store #1
(3500 Dodge Street); Resolution No. 238-01 Granting issuance of Class "C" Beer/Liquor
License to Creslanes Bowling and Murphs South End Tap; and Class "B (WP)" Wine Permit
to HyVee Food Store #1 (3500 Dodge Street). Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions:
CIVIC CENTER COMMISSION (3 terms which expire 6/29/04): Rod Bakke, Michael P.
Bannon, Mark M. Nauman, Steve Sesterhenn. Mr. Bakke and Mr. Nauman both spoke
requesting consideration for appointment.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
AIgona Street Reconstruction - Award: Proofs of publication on notice of hearing on
plans and specifications, notice to property owners, and notice to bidders on the receipt of
bids and City Manager recommending award of the contract for the Algona Street
Reconstruction Project to Horsfield Construction, Inc., in the amount of $553,669.60, upon
motion received and filed. Joseph A. Collins, 2120 Grace St. objecting to a specific of the
project, upon motion received and filed. Markham moved adoption of Resolution No. 239-01
Adopting plans and specifications for the project; Resolution No. 240-01 Awarding contract
to Horsfield Construction, Inc., in the amount of $553,669.60; Resolution No. 241-01 With
respect to the adoption of the Resolution of Necessity proposed for the Algona Street
Reconstruction Project. Seconded by Buol. Motion carried 7-0.
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Center Grove Storm Sewer Project - Award: 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 Center Grove Storm Sewer Project to Horsfield
Construction, Inc., in the amount of $7'3,854.88, upon motion received and filed. Robbins
moved adoption of Resolution No. 242-01 Adopting plans and specifications for the project
and Resolution No. 243-01 Awarding contract to Horsfield Construction, Inc., in the amount
of $73,854.88. Seconded by Nicholson. Motion carried 7-0.
Jackson Street Relief Storm Sewer Project - Award: 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 Jackson Street Relief Storm Sewer Project to Portzen
Construction in the amount of $158,222.33, upon motion received and filed. Markham
moved adoption of Resolution No. 244-01 Adopting plans and specifications for the project
and Resolution No. 245-01 Awarding contract to Portzen Construction in the amount of
$158,222.33. Seconded by Nicholson. Motion carried 7-0.
Upon motion it was resolved to reinstate the rule limiting discussion to Council.
ACTION ITEMS
Raven Oaks Senior Apartments - Affordable Housing Tax Credit Program Application
(Tabled at Council Meeting of May 21, 2001), presented and read. Upon motion this matter
was removed from the table.
Communication of Brian D. Brooks, Star Development, LLC, requesting that the City support
their Affordable Housing Tax Credit Program Application to the Iowa Finance Authority and
further advising that the one percent local contribution ($42,000) has been obtained from
other sources and communication from Thomas J. Mueller in opposition to the City providing
financial assistance for this project, upon motion received and filed. Michalski moved
adoption of Resolution No. 246-01 of Support for the development of an affordable housing
project to be known as Raven Oaks Senior Apartments (Star Development). Seconded by
Nicholson. Motion carried 7-0.
Community Housing Initiative - Affordable Housing Tax Credit Program Application
(Tabled at Council Meeting of May 21,2001), presented and read. Upon motion this matter
was removed from the table.
Community Housing Initiative requesting that the City support their Affordable Housing Tax
Credit Program Application to the Iowa Finance Authority with a local contributing effort of
$26,000 and communication from Thomas J. Mueller in opposition to the City providing
financial assistance for this project, upon motion received and filed. Michalski moved
adoption of Resolution No. 247-01 of Support for the development of an affordable housing
project to be known as River Oaks Apartments (Community Housing Initiatives). Seconded
by Nicholson. Motion carried 7-0.
Mayor Duggan turned control of the Meeting to Mayor Pro-Tern Robbins due to potential
conflict of interest and left the Chambers.
Platinum Holdings, L.LC.: City Manager recommending approval of a consent and
subordination to mortgage agreement for Platinum Holdings, L.LC., upon motion received
and filed. Michalski moved adoption of Resolution No. 248-01 Approving a Consent and
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Subordination to Mortgage Agreement for Platinum Holdings, L.L.C., in favor of American
Trust and Savings Bank and assignment of the Amended Development Agreement, Lease
Agreement and Parking Use Agreement by Platinum Holdings, LL.C. to American Trust and
Savings Bank. Seconded by Cline. Motion carried 6-0.
The closing on the land lease took place immediately after the vote on this item.
Mayor Duggan returned to the Chambers and took control of the meeting.
Mississippi River Conference and Education Center: City Manager recommending
approval of HOK Venue as the architectural firm for the proposed Mississippi River
Conference and Education Center, upon motion received and filed. Robbins moved
adoption of Resolution No. 249-01 Approving the selection of a consultant to provide
architectural and engineering services and authorizing the City Manager to execute an
appropriate contract for said services. Seconded by Nicholson. Motion carried 7-0.
Town Clock Plaza: City Manager recommending award of the engineering contract for the
opening of Town Clock Plaza from Fifth to Ninth Streets to the Durrant Group, Inc., upon
motion received and filed. Buol moved adoption of Resolution No. 250-01 Awarding
contract. Seconded by Nicholson. Carried by the following vote: Yeas--Buol, Cline,
Duggan, Markham, Michalski, Nicholson. Nays--Robbins.
Toughman Contests - Five Flags: City Manager submitting a communication from
Leisure Services Manager Gil Spence which provides background information on Toughman
Contests at the Five Flags Center and communication from Lydia Robertson, Market
Coordinator for AdoreAble Promotions requesting that this item be held until the June 18,
2001 Council meeting, upon motion received and filed and placed on the agenda for the next
Council Meeting.
Julien Dubuque/Highway 20 Bridge: Michalski moved adoption of Resolution No. 251-01
Supporting the development of an additional two-lane bridge for U.S. 20 across the
Mississippi River. Seconded by Cline. - Motion carried 7-0. Communications from
Representative Jim Nussle regarding his meeting with Iowa Department of Transportation
officials on the Highway 20 Julien Dubuque Bridge issue and communication from the
Dubuque Area Chamber of Commerce to Governor Vilsack in support of the Highway 20
Bridge, upon motion received and filed.
River's Edge Plaza Pavilion: City Manager requesting direction on final design of the
pavilion for the River's Edge Plaza, motion it was resolved to leave the pavilion at the original
50 feet diameter.
ITEMS TO BE SET FOR PUBLIC HEARING
2001 Asphalt Paving Project - Initiate: City Manager recommending initiation of the
bidding process for the 2001 Asphalt Paving Project and that a public hearing be set for July
16, 2001, upon motion received and filed. Buol moved adoption of Resolution No. 252-01
Preliminary approval of plans and specifications; Resolution No. 253-01 Fixing date of
hearing on plans and specifications for July 16, 2001 at 6:30 p.m. in the Public Library
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Auditorium and direct the City Clerk to publish notice in the manner prescribed by law;
Resolution No. 254-01 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
At 7:47 P.M. upon motion it was resolved to go into Closed Session re: Property
Acquisition and Pending Litigation (Iowa Code Chapter 21-.5(1)Ci)(c).
At 9:07 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 9:08 P.M.
/s/Jeanne F. Schneider
City Clerk
It 6/13
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