Minutes City Council 10 7 02CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 7, 2002
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, 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 Joellen McCarthy, BVM, President of the Sisters of Charity, BVM.
Proclamations: Healthcare Quality Week (October 13 – 19, 2002) received by John Knox,
CEO of The Finley Hospital; YWCA Appreciation Month (October, 2002) received by Jane
O’Neill; and Make A Will Month (October, 2002) received by Ken Werth.
CONSENT ITEMS
Minutes Submitted: Cable Community Teleprogramming Commission of 9/3 and 10/1; City
Council of 9/16; Community Development Advisory Commission of 9/4; Downtown Planning
Committee of 9/9; Environmental Stewardship Advisory Commission of 9/3; Five Flags
Commission of 7/22 and 7/30; Historic Preservation Commission of 9/19; Human Rights
Commission of 8/12; Park and Recreation Commission of 9/17, upon motion received and filed.
Proofs of publication of City Council Proceedings for 8/27, 8/29, and 9/3, upon motion
received and filed.
Notice of Claims/Suits: Michael Delaney for vehicle damage; Geraldine A. Foley for vehicle
damage; Darryl Galle for property damage; Rebecca L. Griebel for vehicle damage; Denise
Kennedy for vehicle damage; Garry Pape for vehicle damage; Portzen Construction for
nonpayment of work; Rebecca Roepsch for personal injury; Kris Weland for personal injury,
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: Geraldine Foley
for vehicle damage; Rebecca Roepsch for personal injury, Victoria Sawvell for personal injury,
Peggy Weland for personal injury, upon motion received and filed and concurred.
Corporation Counsel recommending that the claim of Denise Kennedy for vehicle damage be
denied, upon motion received and filed and concurred.
Corporation Counsel recommending approval of the claim of Michael F. Delaney for vehicle
damage and the Finance Director to issue payment, upon motion received and filed and
concurred.
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Citizen Communication: Communication from Dow and Susan Prouty regarding the
resurrection and reconstruction of the narrow gauge rail line from Dubuque to Cascade, upon
motion received and filed.
Request to Purchase City-Owned Property: Request from Douglas and Jean Kapp and
William and Carole Hartman-Kubler to purchase a portion of a City street/alley abutting their
property between 1590 and 1600 Adair Street. upon motion received and filed and referred to
the City Manager.
Rip Row Valley Utilities Extension: City Manager recommending acceptance of the Rip Row
Valley Utilities Extension Project in the final contract amount of $83,115.12, upon motion
received and filed. Buol moved adoption of Resolution No. 521-02 Accepting improvement
and Resolution No. 522-02 Approving final estimate. Seconded by Markham. Motion carried
7-0.
Five Flags - Paint Arena Ceiling and Walls Project: City Manager recommending acceptance
of the Five Flags – Paint Arena Ceiling and Walls Project in the final contract amount of
$79,190, upon motion received and filed. Buol moved adoption of Resolution No. 523-02
Accepting improvement and Resolution No. 524-02 Approving final estimate. Seconded by
Markham. Motion carried 7-0
Rip Row Valley Ball Field Development Project: City Manager recommending acceptance of
the Rip Row Valley Ball Field Development Project in the final contract amount of $111,418.49,
upon motion received and filed. Buol moved adoption of Resolution No. 525-02 Accepting
improvement and Resolution No. 526-02 Approving final estimate. Seconded by Markham.
Motion carried 7-0.
Amendment to Collective Bargaining Agreement Between the City and the Police Protective
Association: City Manager recommending approval of an amendment to the Collective
Bargaining Agreement between the City and the Dubuque Police Protective Association to
accommodate the new four-day (ten hour) work week, upon motion received and filed and
approved.
Ziepprecht Block Building: Historic Preservation Commission recommending approval of the
nomination of the Ziepprecht Block Building (1347 Central Avenue) to the National Register of
Historic Places, upon motion received and filed and approved recommendation.
John Bell Block Building: Historic Preservation Commission recommending approval of the
nomination of the John Bell Block Building (1301 – 1307 Central Avenue) to the National
Register of Historic Places, upon motion received and filed and approved recommendation.
Historic Bluffs Trail Project Grant Application: City Manager recommending approval of the
submission of a TEA-21 Grant Application for construction of the Historic Bluffs Trail Project
which involves restoration of the Hodgdon Street and Catherine/West Locust Street steps, upon
motion received and filed. Buol moved adoption of Resolution No. 527-02 Approving the
submittal of an application for Statewide Transportation Enhancement Funding to the Iowa
Department of Transportation for the Historic Bluffs Trail Project. Seconded by Markham.
Motion carried 7-0.
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Iowa 32 (Northwest Arterial) Bike/Hike Path Grant Application: City Manager recommending
approval of the submission of a Federal Recreational Trail Grant Application for construction of
the Iowa 32 (Northwest Arterial) Bike/Hike Path project, upon motion received and filed. Buol
moved adoption of Resolution No. 528-02 Approving the submittal of an application for Federal
Recreation Trail Funding to the Iowa Department of Transportation for the Dubuque Heritage
Trail Extension: Iowa 32 (Northwest Arterial) Bike/Hike Trail Project. Seconded by Markham.
Motion carried 7-0.
Landscaping Gateways Grant Application: City Manager recommending approval of the
submission of a TEA-21 Grant Application for landscaping of the gateways to the City located
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at Dodge and Locust Streets, the Port of Dubuque at 5 Street, and at 9 and 11 Streets
adjacent to Highway 61/151, upon motion received and filed. Buol moved adoption of
Resolution No. 529-02 Approving the submittal of an application for Statewide Transportation
Enhancement Funding to the Iowa Department of Transportation for the Dubuque Gateways
Project. Seconded by Markham. Motion carried 7-0.
Grant of Easement for Public Sidewalk and Sprinkler System: City Manager recommending
approval of an easement agreement between the City of Dubuque and the Peninsula Gaming
Company, LLC for the installation of a public sidewalk and sprinkler system abutting Bell Street
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in front of their parking lot at the corner of 3 and Bell Street, upon motion received and filed.
Buol moved adoption of Resolution No. 530-02 Grant of Easement for public sidewalk and
sprinkler system relating to the construction of sidewalk, ornamental rail and irrigation system
with Peninsula Gaming Company, LLC. Seconded by Markham. Motion carried 7-0.
ECIA: Communication from ECIA presenting a certificate from the Iowa Emergency
Management Division to the City of Dubuque in recognition of the City’s Multi-Hazard Mitigation
Plan, upon motion received and filed.
Dubuque County Board of Supervisors: Communication from Donna L. Smith, Chairperson of
the Dubuque County Board of Supervisors, advising that the Supervisors have adopted the
Comprehensive Land Use Development Plan and Future Land Use Development Map, upon
motion received and filed.
Bell Street – Award of Contract: City Manager recommending approval of a change in the
award date for the Bell Street Construction Project from October 7, 2002 to February 3, 2003
due to a change in the State’s bidding schedule, upon motion received and filed. Buol moved
adoption of Resolution No. 531-02 Ordering bids. Seconded by Markham. Motion carried 7-0.
Hempstead High School: Request of Hempstead High School to conduct a fireworks display
on October 18, 2002 at 7:45 p.m. at their Homecoming Football Game, upon motion received
and filed and approved request.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Grand Opera House was listed in the National Register of Historic Places
effective September 20, 2002, upon motion received and filed.
Liquor License Refunds:
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Request from Galaxies, 3203 Jackson Street, for a refund of their liquor license in the amount
of $422.50, upon motion received and filed and approved request.
Request from ArCon, Inc. (Arby’s Q-Mart) for a refund on their beer and liquor license in the
amount of $75.00 and Cigarette Permit, upon motion received and filed and approved request.
Business Licenses: Buol moved adoption of Resolution No. 532-02 Granting the issuance of
Class “C” Beer Permit to Puff N Snuff, Eagle Food #130, Eagle Food #018, Eagle Food #320,
and Wal-Mart Supercenter and Resolution No. 533-02 Granting the issuance of Class “C”
Beer/Liquor License to Europa Haus Restaurant/Bierstube, Dog House Lounge and Rainbow
Lounge; Class ”C” (5 Day Special Event) License to Loras College – Field House, Loras
College – Alumni Center and Clarke College – Atrium; and Class “B” Wine Permit to Wal-Mart
Supercenter, Eagle Food Center #320, Eagle Food Center #018, and Eagle Food Center #130.
Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Bond Sale to Support Water Projects: City Manager recommending that a public hearing be
set for October 21, 2002 to consider the sale of General Obligation Bonds in an amount not to
exceed $3,300,000 to support the new water tower and water main along the Northwest
Arterial, upon motion received and filed. Michalski moved adoption of Resolution No. 534-02
Fixing date for a meeting on the proposition of the issuance of not to exceed $3,300,000
General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa, and
providing for publication of notice thereof, and further set this for Public Hearing on 10/21/02 at
a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk
publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0.
Bond Sale to Refund $3,100,000 General Obligation Bonds: City Manager recommending
that a public hearing be set for October 21, 2002 to consider the proposition of selling not to
exceed $650,000 in General Obligation Bonds for the purpose of refunding $3,100,000 General
Obligation Bonds, upon motion received and filed. Michalski moved adoption of Resolution No.
535-02 Fixing date for a meeting on the proposition of the issuance of not to exceed $650,000
General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa, and
providing for publication of notice thereof, and further set this for Public Hearing on 10/21/02 at
a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk
publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0.
Concrete Repairs on Kerper Boulevard and North Grandview Avenue – Initiate: City Manager
recommending initiation of the bidding process for the Concrete Repairs on Kerper Boulevard
and North Grandview Avenue Project and recommending that a public hearing on the plans and
specifications be set for November 4, 2002, upon motion received and filed. Michalski moved
adoption of Resolution No. 536-02 Preliminary approval of plans and specifications; Resolution
No. 537-02 Fixing date of hearing on plans and specifications for November 4, 2002 at a
meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk
publish notice in the manner prescribed by law and Resolution No. 538-02 Ordering bids.
Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
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Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Housing Commission (One 3-year unexpired term through 8/17/04 and one 3-year term to
expire 8/17/05) Applicant: William D. Helling. Mr. Helling spoke requesting consideration for
appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Dubuque Girls’ Independent League Ballfield Fencing Project: 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 Dubuque Girls’ Independent League
Project to Pride Fencing and Landscaping in the amount of $54,111.47, upon motion received
and filed. Markham moved adoption of Resolution No. 539-02 Adopting plans and
specifications for the project and Resolution No. 540-02 Awarding contract to Pride Fencing
and Landscaping. Seconded by Cline. Motion carried 7-0.
Shady Oaks Storm Sewer – Request to Vacate: Proof of publication on notice of hearing to
consider a request from Ed Tschiggfrie to vacate a twenty-foot wide storm sewer easement
over Lot 36 of Shady Oaks and City Manager recommending approval, upon motion received
and filed. Buol moved adoption of Resolution No. 541-02 Disposing of interest and vacate a
twenty-foot wide storm sewer easement over Lot 36 of Shady Oaks Subdivision, in the City of
Dubuque, Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0.
Tiffany Ridge – Sale of Property: Proof of publication on notice of hearing to consider the sale
of a portion of City-owned property on Tiffany Ridge to the abutting property owners and City
Manager recommending approval, upon motion received and filed. Buol moved adoption of
Resolution No. 542-02 Disposing of City interest in Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Lot 7,
and Lot 8 of Block 4 of Tiffany Ridge, Dubuque, Iowa. Seconded by Nicholson. Motion carried
7-0.
Lease Agreement with ConAgra, Inc.: Proof of publication on notice of hearing to consider
disposing of interest in real property by lease agreement with ConAgra Foods, Inc. d/b/a
Peavey Company for property on the Twelfth Street Extension and City Manager
recommending approval, upon motion received and filed. Michalski moved adoption of
Resolution No. 543-02 Disposing of an interest in real property by lease agreement with
ConAgra Foods, Inc. d/b/a/ Peavey Company. Seconded by Connors. Motion carried 7-0.
Fiscal Year 2003 Budget Amendment: Proof of publication on notice of hearing to consider
the first amendment to the Fiscal Year 2003 budget and City Manager recommending approval,
upon motion received and filed. Cline moved adoption of Resolution No. 544-02 Amending the
current budget for the Fiscal Year ending June 30, 2003. Seconded by Nicholson. Motion
carried 7-0.
2000 Sidewalk Installation Program: 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 2000 Sidewalk Installation Program to Perry Construction in the
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amount of $24,985.34, upon motion received and filed. Cline moved adoption of Resolution
No. 545-02 Adopting plans and specifications for the project; Resolution No. 546-02
Rescinding Resolution #472-00 and approving in lieu thereof a new Resolution of Necessity
with respect to the adoption of the 2000 Sidewalk Installation Program; Resolution No. 547-02
Awarding contract to Perry Construction. Seconded by Nicholson. Motion carried 7-0.
Flora Park Rest Room Project: 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 Flora Park Rest Room Project to S & S Construction in the amount
of $119,000, upon motion received and filed. Markham moved adoption of Resolution No.
548-02 Adopting plans and specifications for the project and Resolution No. 549-02
Awarding contract to S & S Construction. Seconded by Cline. Motion carried 7-0.
First Street and Main Street Lighting Project: 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 First Street and Main Street Lighting Project to
A&G Electric in the amount of $115,671.10, upon motion received and filed. Cline moved
adoption of Resolution No. 550-02 Adopting plans and specifications for the project and
Resolution No. 551-02 Awarding contract to A&G Electric. Seconded by Michalski. Motion
carried 7-0.
Port of Dubuque Phase #3 (Utilities) Project: 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 Port of Dubuque Phase #3 (Utilities) Project to WC
Stewart Construction in the amount of $337,837.45, upon motion received and filed. Cline
moved adoption of Resolution No. 552-02 Adopting plans and specifications for the project and
Resolution No. 553-02 Awarding contract to WC Stewart Construction. Seconded by
Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Michele Harry – Request to Address the Council: Request of Michele Harry to address the
City Council to present the current results of the petitioning being performed in the north end
community regarding the open water way, upon motion received and filed. Michelle Harry
spoke citing statistical information of those petitioners in favor of the open water way and
requested no more delays in commencement of action to alleviate the flooding.
Petitions submitted by Michele Harry, upon motion received and filed.
Mayor Duggan turned control of the meeting to Mayor Pro-Tem Buol due to possible conflict of
interest.
Mississippi Valley Truck Center, Inc. Property: City Manager recommending approval of the
commencement of eminent domain proceedings for acquisition of the property of Mississippi
Valley Truck Center, Inc. in the Port of Dubuque, upon motion received and filed. Cline
moved adoption of Resolution No. 554-02 Authorizing the commencement of proceedings for
the acquisition by eminent domain of real property owned by Mississippi Valley Truck Center,
Inc. Seconded by Nicholson. Motion carried 6-0.
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Mayor Duggan resumed control of the meeting.
Installation of Stop Signs – Vernon Street at Glen Oak Street: City Manager recommending
approval of the installation of stop signs on Vernon Street at Glen Oak Street, upon motion
received and filed. Ordinance No. 81-02 Amending the Code of Ordinances of the City of
Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the
addition of stop signs on Vernon Street at Glen Oak, presented and read. Markham 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.
Seventeenth Street – No Parking Area: City Manager recommending approval of the creation
of a new “No Parking” district between the hours of 5:00 a.m. and 5:00 p.m. and that the south
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side of 17 Street be included within the district, upon motion received and filed. Ordinance
No. 82-02 Amending the Code of Ordinances of the City of Dubuque, Iowa, by enacting a new
Subsection (i) of Section 32-262 thereto providing for no parking between five o’clock (5:00)
a.m. and five o’clock (5:00) p.m., Monday through Saturday, except public holidays and
designating certain areas in Subsection (i) in Section 32-262, presented and read. Cline
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
Michalski. Motion carried 7-0.
Wild Wood Estates – Final Plat: City Manager recommending approval of the final plat of
Wild Wood Estates, a new residential development off of North Cascade Road in Dubuque
County, upon motion received and filed. Cline moved adoption of Resolution No. 555-02
Approving the final plat of Wild Wood Estates in Dubuque County, Iowa. Seconded by
Nicholson. Motion carried 7-0.
Disposition of Lamar Billboards on John F. Kennedy Road and First Street: City Manager
recommending that Lamar Advertising be issued a notice of violation for the billboards on John
F. Kennedy Road (Calcars Hyundai) and First Street (U.S. Cellular) which would allow the
billboards to remain until the advertising contracts have lapsed, at which time the on-premise
copy would be removed or subject to civil citation, upon motion received and filed and
approved.
Sunset Ridge Repaving Request: Communication from Douglas M. Henry, representing
residents of Sunset Ridge, requesting the repaving of Sunset Ridge as a public street, and
additional communication from Douglas Henry, upon motion received and filed.
Attorney Doug Henry, representing Sunset Ridge property owners, spoke in support of the
proposed Resolution.
Buol moved adoption of Resolution No. 556-02 Acknowledging the acceptance of Sunset
Ridge as a public street of the City of Dubuque. Seconded by Nicholson. Carried by the
following vote: Yeas—Markham, Michalski, Nicholson, Buol, Cline, Connors. Nays—Duggan.
Citizens Committed to Our Communities: Communication from Arnold N. Honkamp, Co-Chair
of the PAC Committee “Citizens Committed to Our Communities” requesting that the City
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Council pass a resolution extolling the benefits to the community of Dubuque’s two gambling
facilities and urging all Dubuquers to vote Yes-Yes on November 5, 2002, presented and read.
Carrie Zaber, Diamond Jo Casino, spoke in support of the gaming referendum.
Nicholson moved that that the communication be received and filed and that staff prepare a
Resolution of Support. Seconded by Cline. Carried by the following vote: Yeas—Markham,
Michalski, Nicholson, Buol, Cline, Connors. Nays—None. Abstain—Duggan.
John F. Kennedy Road – Removal of “No Parking” Restriction (First Reading on September 3,
2002; Second Reading on September 16, 2002), upon motion received and filed. Ordinance
No. 83-02 Amending Section 32-262 (d) of the City of Dubuque Code of Ordinances, prohibiting
parking on designated streets or portions thereof by deleting portions of John F. Kennedy
Road, said Ordinance having been read on 9/3/02 and 9/16/02, now presented for final action.
Buol moved final consideration and passage of the Ordinance. Seconded by Connors.
Carried by the following vote: Yeas—Duggan, Markham, Buol, Connors. Nays—Michalski,
Nicholson, Cline.
COUNCIL MEMBER REPORTS
Connors recognized the Senior High School student who was in attendance at the meeting.
Cline commended the young teenagers who cleaned up City Island. Michalski praised the
great collaborative effort put forth to get the Four Mounds accepted on the National Historic
Register.
PUBLIC INPUT
Darren White, a candidate for County Supervisor, spoke introducing himself and commented
he would work with the City regarding the Land Use Map.
At 8:06 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition –
Chapter 21.5(1)(j) 2001 Code of Iowa.
At 9:01 P.M. Council reconvened Regular Session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:02 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/16
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