Minutes City Council 10 6 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, October 6, 2003
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 a regular session of the City Council called for
the purpose of discussing such matters which may properly come before the City Council.
Invocation was given by Dr. Dan Thornton, Interim Pastor of Third Presbyterian Church.
Proclamations: White Cane Safety Day (October 15, 2003) received by Shirley Conrad;
World Food Prize Week (October 12 – 18, 2003 received by Dick Landis; and Make a Will
Month (October, 2003) received by Ken Werth.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 9/15 and 9/26; Civil Service Commission of
7/30 and 9/5; Community Development Advisory Commission of 9/3; Downtown Planning
Committee of 8/25 and 9/8; Electrical Code Board of 9/22; Five Flags of 8/18; Historic
Preservation Commission of 8/21 and 9/18; Housing Code Appeals Board of 8/19; Housing
Commission Trust Fund Committee of 9/12; Long Range Planning Advisory Commission of
8/20; Park and Recreation Commission of 9/23; Plumbing Board of 9/9; Zoning Advisory
Commission of 9/3; Zoning Board of Adjustment of 8/28, upon motion received and filed.
Proofs of publication of City Council Proceedings of August 11, September 2, 3, and 4, 2003
and List of Claims and Summary of Revenues for month ending August 31, 2003, upon motion
received and filed.
Printed Council Proceedings for month of July, 2003, upon motion approved as printed.
Notice of Claims/Suits: Amy Ellis for vehicle damage; Rachel Houselog for vehicle damage;
Shawn Kohnen for vehicle damage; Kristina Keuter for vehicle damage; James Mess for towing
expense; Sodarock Properties, LLC vs Board of Review of the City of Dubuque, 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: Mary Criss for
personal injury; Charles Miller for personal injury, upon motion received and filed and
concurred.
Corporation Counsel recommending settlement of the claims of Rachael Houselog for vehicle
damage; Shawn Kohnen for vehicle damage, and Paula Martens for property damage and
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directing the Finance Department to issue proper payment, upon motion received and filed and
concurred and Finance Director to issue proper payment.
Corporation Counsel recommending denial of the claim of Amy Ellis for vehicle damage, upon
motion received and filed and concurred.
Corporation Counsel recommending that the claim of Gary Nauman for vehicle damage be
referred to the Greyhound Corporate Office, upon motion received and filed and concurred.
Sodarock Properties, L.L.C. Tax Appeal: Corporation Counsel submitting a Stipulation of
Settlement of a tax assessment appeal for property located at 1607 Wingate Drive, upon
motion received and filed and approved Stipulation of Settlement.
Eagle Food Centers, Inc.: Communication from David W. Leifker regarding the closing of the
Elm Street Eagle’s store, upon motion received and filed.
Notices of filing in the United States Bankruptcy Court for the Northern District of Illinois
Eastern Division by Eagle Food Centers, Inc., et al, notices of motion authorizing and
approving the retention of Grafe Auction Company, Inc. as Liquidating Agent; and proposed
agenda for September 30, 2003 hearings, upon motion received and filed.
Downtown Comprehensive Plan: Communication from Bob Felderman requesting that the
City Council support the implementation of the Dubuque Downtown Comprehensive Plan by
placing it in the Top Priority List, upon motion received and filed.
Citizen Communications:
Request of David A. Ludovissy and Alan Arzu to vacate the Hodgden Street/Steps located
between 715 and 787 West Locust, upon motion received and filed and referred to the City
Manager.
Request of Damian F. Arensdorf to purchase a portion of a City street/alley abutting his
property at 2117 Saint Celia Street, upon motion received and filed and referred to the City
Manager.
Communication of Mary Brashaw regarding the traffic situation around the Washington
School/Lombard Street area, upon motion received and filed and referred to the City Manager.
USS Dubuque: Communication from LTJG Joe Goldsberry of the USS Dubuque, LPD-8
inviting the Mayor and City Council Members to take a cruise on the USS Dubuque during Fleet
Week in San Diego, CA on October 4, 2003, upon motion received and filed.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Account Clerk I, upon motion received and filed and made a matter of record.
Flora Pool Painting Project: City Manager recommending acceptance of the Flora Pool
Painting Project in the final contract amount of $86,175.00, upon motion received and filed.
Buol moved adoption of Resolution No. 349-03 Accepting improvement and Resolution No.
350-03 Approving final contract amount of $86,175.00. Seconded by Markham. Motion
carried 7-0.
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Port of Dubuque Utility Extension - Phase III Project: City Manager recommending acceptance
of the Port of Dubuque Utility Extension - Phase III Project as completed by Stewart
Construction in the final contract amount of $341,108.64, upon motion received and filed. Buol
moved adoption of Resolution No. 351-03 Accepting improvement and Resolution No. 352-03
Approving final contract amount. Seconded by Markham. Motion carried 7-0.
Peosta Channel/Jaycee Trail Project: City Manager recommending acceptance of the Peosta
Channel/Jaycee Trail Project as completed by Tschiggfrie Excavating Co., in the final contract
amount of $348,927.03, upon motion received and filed. Buol moved adoption of Resolution
No. 353-03 Accepting improvement and Resolution No. 354-03 Approving final contract
amount. Seconded by Markham. Motion carried 7-0.
Woodward Museum Restoration Project: City Manager recommending acceptance of the
Woodward Museum Restoration Project as completed by Klauer Construction Company in the
final contract amount of $83,069, upon motion received and filed. Buol moved adoption of
Resolution No. 355-03 Accepting improvement and Resolution No. 356-03 Approving final
contract amount. Seconded by Markham. Motion carried 7-0.
Railroad Depot Restoration Project: City Manager recommending acceptance of the Railroad
Depot Restoration Project – Contract #7 as completed by Renaissance Restoration, Inc., in the
final contract amount of $35,928 and Contract #8 as completed by Rafoth Sheet Metal, Inc. in
the final contract amount of $99,747, upon motion received and filed. Buol moved adoption of
Resolution No. 357-03 Accepting Improvement – Contract #7; Resolution No. 358-03
Approving Final Estimate – Contract #7; Resolution No. 359-03 Accepting Improvement –
Contract #8; Resolution No. 360-03 Accepting Final Estimate – Contract #8. Seconded by
Markham. Motion carried 7-0.
Acceptance of Sanitary Sewer Easement – John F. Kennedy Road: City Manager
recommending acceptance of a corrected sanitary sewer easement from Dubuque Community
School District, upon motion received and filed. Buol moved adoption of Resolution No. 361-03
Accepting a sanitary sewer easement on a part of Lot 2-3-1 of Helen E. and Mary H. Stewart
Subdivision in the City of Dubuque. Seconded by Markham. Motion carried 7-0.
Acceptance of Warranty Deed: City Manager recommending acceptance of a warranty deed
from DuTrac Community Credit Union for a right-of-way purchase on South Way at Asbury
Road, upon motion received and filed. Buol moved adoption of Resolution No. 362-03
Accepting a conveyance of property on South Way to the City of Dubuque. Seconded by
Markham. Motion carried 7-0.
Alexander Company – Application for Historic Tax Credits: City Manager recommending that
the City endorse The Alexander Company’s applications for National Register certification and
federal and state historic tax credits for the rehabilitation of the Star Brewery Company, upon
motion received and filed and approved recommendation.
Iowa Brownfield Redevelopment Program Application: City Manager recommending approval
of an Iowa Brownfield Development Program application to the Iowa Department of Economic
Development to assist with environmental remediation of City-owned property in the Port of
Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 363-03
Endorsing the submission of an Iowa Brownfield Redevelopment Program Application to the
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Iowa Department of Economic Development for environmental remediation activities in the Port
of Dubuque. Seconded by Markham. Motion carried 7-0.
Thunderbirds’ Contract: City Manager recommending approval of the rental agreement with
Dubuque Hockey, Inc. (Thunderbirds) for use of the Five Flags Center for the 2003 – 2004
season, upon motion received and filed and approved recommendation.
Iowa Federal Recreational Trails Program: City Manager submitting a letter to the Iowa
Federal Recreational Trails Program in support of the City of Farley’s request for funding for
their Heritage Trail Connection project, upon motion received and filed and approved
recommendation.
Federal Recreation Trail Grant – Pyatigorsk Park: City Manager recommending approval of
the submission of a Federal Recreational Trails grant application for Pyatigorsk Park to the
Iowa Department of Transportation, upon motion received and filed. Buol moved adoption of
Resolution No. 364-03 Authorizing a grant application to the Iowa Department of
Transportation for Federal Recreational Trails Funds for Pyatigorsk Park. Seconded by
Markham. Motion carried 7-0.
S. 150 – The Internet Nondiscrimination Act: City Manager recommending approval of the
submittal of letters to Senator Charles Grassley and Senator Tom Harkin regarding concerns
with S. 150 – The Internet Nondiscrimination Act, upon motion received and filed and approved
recommendation.
United States Conference of Mayors: Communication from Tom Cochran, Executive Director,
The United States Conference of Mayors, regarding the MTBE (methyl tertiary butyl ether)
liability issue, upon motion received and filed.
City Manager submitting letters to Senator Grassley, Senator Harkin and Representative
Nussle urging them to oppose any amendment to the comprehensive energy bill limiting liability
for manufacturers of MTBE, upon motion received and filed and approved letters of opposition.
General Obligation Bond Sale for Stormwater Projects: City Manager recommending approval
of the final action for the issuance of the $2,100,000 General Obligation Bonds to support
stormwater projects, upon motion received and filed. Buol moved adoption of Resolution No.
365-03 Appointing Paying Agent, Bond Registrar and Transfer Agent, appointing the Paying
Agent and Bond Registrar and Transfer Agent Agreement and authorizing execution of the
agreement and Resolution No. 366-03 Authorizing and providing for the issuance of
$2,110,000 General Obligation Bonds, Series 2003, and levying a tax to pay said bonds.
Seconded by Markham. Motion carried 7-0.
Homeownership Assistance Funds (PATH): City Manager recommending approval of an
application to the Federal Home Loan Bank (FHLB) for an Affordable Housing Program grant
(PATH - Pathways Affordable to Homeownership) to assist income-qualifying families to
purchase a home, upon motion received and filed. Buol moved adoption of Resolution No.
367-03 Authorizing sponsorship of an application to the Federal Home Loan Bank of Des
Moines for Affordable Housing Program Funds. Seconded by Markham. Motion carried 7-0.
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Voluntary Annexation Request – Kenneth and Maurine Harris: City Manager submitting a
request for voluntary annexation from Kenneth and Maurine Harris, upon motion received and
filed.
Mississippi River’s Edge Plaza and Alternate Components Project: City Manager
recommending acceptance of the Mississippi River’s Edge Plaza and Alternate Components
Project as completed by Renaissance Construction in the final contract amount of $767,761.20,
upon motion received and filed. Buol moved adoption of Resolution No. 368-03 Accepting
improvement and Resolution No. 369-03 Approving final estimate. Seconded by Markham.
Motion carried 7-0.
Business License Refund: Request of Eagle Food Centers, Inc., 300 South Locust, for a
refund of the cigarette license in the amount of $75.00, upon motion received and filed and
approved refund.
Business Licenses: Buol moved adoption of Resolution No. 370-03 Granting the issuance of
one new permit to sell cigarettes and cigarette papers to Downtown Eagle, Inc.; Resolution No.
371-03 Granting the issuance of a Class “C” Beer Permit to Downtown Eagle, Inc. and
Resolution No. 372-03 Granting the issuance of a Class “C” Beer/Liquor License to Dog House,
Grand Tap and Grand River Center; Special Class “C” Liquor License to Café Manna Java;
Class “B” Wine Permit to Downtown Eagle, Inc.; and Class “E” Liquor License to Downtown
Eagle, Inc. Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition – John F. Kennedy Roadway Easement: City Manager recommending that a
public hearing be set for October 20, 2003 to consider a request from Grand View Avenue
United Methodist Church to vacate a portion of John F. Kennedy Road easement, upon motion
received and filed. Cline moved adoption of Resolution No. 373-03 Of Intent to dispose of
interest and vacate a portion of the John F. Kennedy roadway and utility easement over Lot 1
and Lot 2 of Barton Randle Addition in the City of Dubuque, Dubuque County, Iowa and set this
for Public Hearing on 10/20/03 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 Connors. Motion carried 7-0.
Economic Development Grant – Adams Company: City Manager recommending that a public
hearing be set for October 20, 2003 to consider the issuance of not to exceed $500,000 in
General Obligation Capital Loan Notes to support the Adams Company expansion project at the
Dubuque Industrial Center West, upon motion received and filed. Cline moved adoption of
Resolution No. 374-03 Fixing date for a meeting on the authorization of a loan agreement and
the issuance of not to exceed $500,000 General Obligation Capital Loan Notes of Dubuque,
Iowa, and providing for publication of notice thereof and set this date as 10/20/03 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 Connors. Motion carried 7-0.
Dubuque Bank and Trust Tunnel Easement: City Manager recommending that a public
hearing be set for October 20, 2003 to consider a request from Dubuque Bank and Trust to
enter into a tunnel easement agreement to construct a tunnel within the public right-of-way of
Central Avenue, upon motion received and filed. Cline moved adoption of Resolution No. 375-
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03 Of intent to dispose of a portion of the City’s interest under a portion of Central Avenue
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between 13 and 14 Streets in the City of Dubuque and set this for public hearing on 10/20/03
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 Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Vacating Petition – South Way at Asbury Road: Proof of publication on notice of hearing to
consider a request from Clarence P. Pfohl to vacate a portion of South Way at Asbury Road
and City Manager recommending approval, upon motion received and filed.
Don Pfohl, 1895 Bennett, spoke in support of the disposition.
Markham moved adoption of Resolution No. 376-03 Disposing of City interest in Lot 1A of
part of South Way in Block 10 in Westchester Subdivision in the City of Dubuque, Iowa.
Seconded by Connors. Motion carried 7-0.
Subordination Agreement – Premier Bank: Proof of publication on notice of hearing to
consider approval of a Subordination Agreement with Premier Bank related to the City’s
mortgage interest in property located at 101 – 123 Main Street and City Manager
recommending approval, upon motion received and filed. Markham moved adoption of
Resolution No. 377-03 Authorizing a Subordination Agreement in regard to a mortgage interest
in City Lot 80 and the South 1 and 5/12 feet of Lot 79 in the City of Dubuque, Dubuque County,
Iowa. Seconded by Connors. Motion carried 7-0.
Chestnut Street Reconstruction Project: Proofs of publication on notice of hearing to consider
adoption of the plans and specifications and Resolution of Necessity for the Chestnut Street
Reconstruction Project and City Manager recommending approval, upon motion received and
filed.
Pam Bradford, 1245 Highland Place, spoke and submitted a petition and pictures and
objected to the plans to widen the street and resultant loss of trees.
Roman Ciapalo, 1209 Highland Place, spoke and submitted a petition and pictures and
requested the rescinding of the project concerning the portion of sidewalk from Dell St. to
Highland St.
Bethany Golombeski, 1295 Prairie, spoke in opposition to sidewalks and in support of
retaining original aspects of the street.
Buol moved adoption, as amended, of Resolution No. 378-03 Approving plans and
specifications and Resolution No. 379-03 With respect to the adoption of the Resolution of
Necessity proposed for the Chestnut Street (Highland to Cox) Reconstruction Project, with the
amendment to leave the street width at 29.5 and remove the sidewalks between Dell St. and
Highland. Seconded by Connors. Motion carried 7-0.
Carter Road Detention Basin 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 Carter Road Detention Basin Project to Tschiggfrie Excavating in
the amount of $590,316.35, upon motion received and filed. Buol moved adoption of
Resolution No. 380-03 Adopting plans and specifications for the project and Resolution No.
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381-03 Awarding contract to Tschiggfrie Excavating. Seconded by Markham. Motion carried 7-
0.
Port of Dubuque Parking Lot Renovation and Resurfacing 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 Parking Lot
Renovation and Resurfacing Project to Portzen Construction, Inc. in the amount of
$476,492.35. upon motion received and filed. Buol moved adoption of Resolution No. 382-03
Adopting plans and specifications for the project and Resolution No. 383-03 Awarding contract
to Portzen Construction. Seconded by Markham. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Eagle Point Bluff – Request for Public Hearing: Communication from S.A. Sutton, Charles
Winterwood, Francine Banwarth and Matt Lundh submitting signatures opposing the Royal
Oaks condominium project and requesting that the City Council set a public hearing for the next
meeting, upon motion received and filed.
Matthew Lundh, 2678 Marywood, spoke objecting to the loss of the bluff and old steps at this
2800 Rhomberg site, citing the importance of the connection between the river and Eagle Point
Park.
City Manager submitting information on the development, upon motion received and filed.
Irish Fest: Request of John Finn and Fran Henkels to address the Council regarding the
location of Irish Fest and City Manager submitting background information on Irish Fest,
presented and read.
John Finn, 180 Main St., and Fran Henkels, 1400 University, spoke clarifying and requesting
approval of the Council to hold Irish Fest behind the Busted Lift.
After discussion, Council moved to receive and file the communications and amend the
request to allow Murphy Park as the Festival site with Mr. Finn providing the proper
documentation.
Nicholson moved adoption of Resolution No. 384-03 Granting issuance of a Class “B” Beer
(5-Day Special Event) for The Busted Lift – Irish Fest at Murphy Park. Seconded by Buol.
Carried by the following vote: Yeas—Buol, Duggan, Cline, Connors, Michalski, Nicholson.
Nays—Markham.
Mayor Duggan turned control of the meeting to the Mayor Pro-Tem due to possible conflict of
interest.
QHQ Request for Rezoning (Tabled on August 4, 2003): Communication of Kenneth L.
Buesing requesting that the QHQ request for rezoning property located south of Holliday Drive,
west of the Northwest Arterial, be placed back on the City Council agenda, presented and read.
Upon motion this item was removed from the table.
Attorney Steve Juergens, for QHQ, spoke of the Agreement reached with the neighbors, with
the excellent help of Dubuque Dispute Resolution Center Mediator Hiram Melendez.
Upon motion the communication of Mr. Buesing was received and filed.
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Ordinance No. 77-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located south of Holliday
Day, west of the Northwest Arterial, from AG Agricultural District to C-2 Neighborhood
Shopping Center District and C-3 General Commercial zoning district, with conditions,
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 and further moved final consideration and passage of the
Ordinance. Seconded by Connors. Motion carried 6-0.
Mayor Duggan returned and took control of the meeting.
Westbrook Subdivision – Final Plat: City Manager recommending approval of the final plat of
Phase I of Westbrook Subdivision, which was recently approved for annexation in the City of
Dubuque, as requested by Joel Callahan, upon motion received and filed. Cline moved
adoption of Resolution No. 385-03 Approving the final plat of Lots 1 thru 48, inclusive, of Block
1, Lots 1 thru 10, inclusive, of Block 3 and Lots A, B, C, D, E, F, G, H, I, J, and K of Westbrook
Subdivision. Seconded by Nicholson. Motion carried 6-0 with Markham out of the Chambers
briefly.
Northwest Arterial Access: City Manager recommending approval of a request from Martin J.
McNamer, Harvest Development Group, LLC, to construct a temporary access on to the
Northwest Arterial for construction of an assisted living project, upon motion received and filed
and approved recommendation.
University Avenue Reconstruction Project: City Manager recommending award of the contract
for the University Avenue Reconstruction Project from Delhi to Alta Vista and the University
Avenue Patching Project from Alta Vista to Spruce Street to Horsfield Construction, Inc., in the
amount of $1,007,996.36, upon motion received and filed. Markham moved adoption of
Resolution No. 386-03 Awarding contract to Horsfield Construction. Seconded by Michalski.
Motion carried 7-0.
Letter of Appreciation - Paramedic Services: Council Member Dan Nicholson presenting a
$100 check and letter from Pauline Wegner of Van Dyne, WI thanking the City for paramedic
services provided to her husband on August 15, 2003, upon motion received and filed.
Ric Jones, EMS Supervisor, received the check and letter on behalf of all the City emergency
services.
At 8:46 P.M. upon motion it was resolved to go into Closed Session re: Collective Bargaining
Strategy – Chapter 20.17(3) 2003 Code of Iowa.
At 9:01 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 9:02 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/15
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