Minutes City Council 11 3 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 3, 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, Assistant City Attorney Tim O’Brien
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 Reverend David Solberg, Wartburg Theological Seminary.
Proclamations: Philanthropy Day (November 19, 2003) received by David Solberg; Hospice
Month (November, 2003) received by Carole Carroll; Youth Appreciation Month (November,
2003) received by Beverly Feldermann
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 10/20; Civil Service Commission of 10/10; Five
Flags Commission of 9/25; Historic Preservation Commission of 10/16; Housing Code Appeals
Board of 9/16, as amended; Housing Commission Trust Fund Committee of 10/17 and 10/21;
Investment Oversight Commission of 10/23, upon motion received and filed.
Proof of publication of City Council Proceedings of October 6, 2003, upon motion received and
filed.
Printed Council Proceedings of September, 2003, upon motion approved as printed.
Substance Abuse Services Center Fiscal Year 2004 First Quarter Report, upon motion received
and filed.
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Investment Oversight Commission’s 42 Quarterly Report, upon motion received and filed.
Notice of Claims/Suits: Michael and Allison Lott for property damage; Agnes Vorwald for
property damage, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel recommending settlement of the claim of Agnes Vorwald for property
damage and directing the Finance Department to issue payment, upon motion received and filed
and approved settlement directing Finance Department to issue proper payment.
Citizen Communications:
Communication from Jeff and Julie Chase requesting to purchase a portion of City-owned
property located next to Gay Park, upon motion received and filed and referred to the City
Manager.
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Communication from Steve and Judy Selchert, Steve’s Ace Hardware, requesting to purchase a
portion of City-owned property abutting 3350 John F. Kennedy Road, upon motion received and
filed and referred to the City Manager.
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Communication from the residents on West 16 Street requesting establishment of a Residential
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Parking Permit District in the 500 block of West 16 Street between Cornell and Catherine
Streets, upon motion received and filed and referred to the City Manager.
Request for Public Hearing - Eagle Point Bluff: Communication from Laurel Sprengelmeyer,
General Manager of Teesri Duniya Theatre, requesting that a public hearing be held regarding the
condominium development project at the end of Rhomberg Avenue, upon motion received and
filed.
Environmental Stewardship Advisory Commission: Communication from Mary Rose Corrigan,
Public Health Specialist, advising that Environmental Stewardship Advisory Commissioner William
Niemann has resigned and Commissioner Mark Henning does not plan to renew his application
for reappointment, upon motion received and filed.
Iowa Department of Transportation: Communication from the Iowa Department of Transportation
submitting a Notice of Environmental Assessment Availability and Public Hearing concerning the
proposed capacity improvement of US 20 in Dubuque County from Peosta to just east of the
Northwest Arterial, upon motion received and filed.
Brotherhood of Locomotive Engineers: Communication from the Brotherhood of Locomotive
Engineers Iowa State Legislative Board regarding the operation of remote controlled locomotives,
upon motion received and filed and referred to Dubuque Metropolitan Area Transportation Study.
School Resource Officer (SRO) Agreement: City Manager recommending approval of an
agreement between the City of Dubuque Police Department and the Dubuque Community School
District regarding the duties and responsibilities of the School Resource Officers, upon motion
received and filed and approved agreement.
Woodward Museum – 2002 Renovations Project: City Manager recommending acceptance of
the Woodward Museum – 2002 Renovations Project in the final contract amounts of $79,579.50
(Contract No. 1 – Masonry Tuckpointing), $35,550 (Contract No. 4 – HVAC), $58,464 (Contract
No. 5 - Plumbing and Sprinkler), and $32,930 (Contract No. 6 – Electrical), upon motion received
and filed. Buol moved adoption of Resolution No. 413-03 Accepting improvement – Contract No.
1; Resolution No. 414-03 Approving final estimate of $79,579.50; Resolution No. 415-03
Accepting improvement – Contract No. 4; Resolution No. 416-03 Approving final estimate of
$35,550; Resolution No. 417-03 Accepting improvement – Contract No. 5; Resolution No. 418-
03 Approving final estimate of $58,464; Resolution No. 419-03 Accepting improvement – Contract
No. 6; Resolution No. 420-03 Approving final estimate of $32,930. Seconded by Michalski.
Motion carried 7-0.
Railroad Depot Restoration Project: City Manager recommending acceptance of the completed
construction contracts associated with the Burlington Northern Railroad Depot Restoration Project,
Contract No.13 - HVAC and Contract No.14 – Plumbing, upon motion received and filed. Buol
moved adoption of Resolution No. 421-03 Accepting improvement; Resolution No. 422-03
Approving final estimate of $110,021.67 (HVAC); Resolution No. 423-03 Accepting improvement;
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Resolution No. 424-03 Approving final estimate of $39,583 (Plumbing). Seconded by Michalski.
Motion carried 7-0.
Manson Road Bridge Reconstruction Project: City Manager recommending acceptance of the
Manson Road Bridge Reconstruction Project as completed by Taylor Construction, Inc., in the
final contract amount of $819,628.66, upon motion received and filed. Buol moved adoption of
Resolution No. 425-03 Accepting improvement and Resolution No. 426-03 Approving final
estimate of $819,628.66. Seconded by Michalski. Motion carried 7-0.
First and Main Street Lighting Project: City Manager recommending acceptance of the First and
Main Street Historical Lighting Project as completed by A&G Electric Company of Dubuque, Iowa,
in the final contract amount of $118,247.05, upon motion received and filed. Buol moved adoption
of Resolution No. 427-03 Accepting improvement and Resolution No. 428-03 Approving final
estimate of $118,247.05. Seconded by Michalski. Motion carried 7-0.
Tanzanite Drive Paving Project: City Manager recommending acceptance of the Tanzanite Drive
Paving Project as completed by Flynn Company, Inc., in the final contract amount of $200,385.01,
upon motion received and filed. Buol moved adoption of Resolution No. 429-03 Accepting
improvement and Resolution No. 430-03 Approving final estimate of $200,385.01. Seconded by
Michalski. Motion carried 7-0.
Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project: City
Manager recommending acceptance of the Mississippi River Discovery Center Wetland Site
Package II, Interior Walkways Project – Contract No. 4 in the final contract amount of $169,323,
upon motion received and filed. Buol moved adoption of Resolution No. 431-03 Accepting
improvement and Resolution No. 432-03 Approving final estimate of $169,323. Seconded by
Michalski. Motion carried 7-0.
Designation of Fiscal Officers – Electronic Investment Transactions: City Manager
recommending approval of the designation of fiscal officers to sign checks and drafts and to
execute electronic investment transactions with Treasury Direct on behalf of the City of Dubuque,
upon motion received and filed. Buol moved adoption of Resolution No. 433-03 Authorizing
certain designated fiscal officers for the City of Dubuque to execute electronic investment
transactions with Treasury Direct on behalf of the City of Dubuque, Iowa; Resolution No. 434-03
Authorizing certain designated fiscal officers to sign checks and drafts on behalf of the City of
Dubuque; Resolution No. 435-03 Authorizing certain designated fiscal officers to obtain
information and transfer money between City of Dubuque bank accounts with a banking institution.
Seconded by Michalski. Motion carried 7-0.
Lead Based Paint Hazard Reduction Program: City Manager recommending approval of the
publication of a Notice of Intent to Request Release of Funds for the Lead-Based Paint Hazard
Reduction Grant Program, upon motion received and filed. Buol moved adoption of Resolution
No. 436-03 Authorizing publication of a Notice of Intent to Request Release of Funds for Lead-
Based Paint Hazard Reduction Grant Program. Seconded by Michalski. Motion carried 7-0.
Request to Demolish: Historic Preservation Commission recommending approval of a request to
demolish a second story catwalk at 1598 Central Avenue, upon motion received and filed and
approved recommendation.
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Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for the
quarter ending September 30, 2003, upon motion received and filed.
Adams Company – Acceptance of Deed: Corporation Counsel recommending acceptance of the
deed for certain real estate from the Adams Company, upon motion received and filed. Buol
moved adoption of Resolution No. 437-03 Accepting the deed to certain real estate in Dubuque
County, Iowa from the Adams Company. Seconded by Michalski. Motion carried 7-0.
Four Mounds Foundation: City Manager recommending approval of a letter of support for the
Four Mounds Foundation to fundraise to carry out their mission of preserving the Four Mounds
Estate and making it available to the public for educational purposes, upon motion received and
filed and approved recommendation.
Gronen Adaptive Reuse: Communication from the Historic Preservation Commission reiterating
their support for applications for low-income housing tax credits as well as federal and state
historic tax credits for rehabilitation projects by Gronen Adaptive Reuse, upon motion received
and filed.
Civil Service Commission: Civil Service Commission submitting the certified list for the position
of Water Meter Repairworker I, upon motion received and filed and made a matter of record.
Business License Refund: Request of Eagle Food Centers, Inc. (2050 John F. Kennedy Road)
for a refund of their cigarette license in the amount of $50.00, upon motion received and filed and
approved refund.
Business Licenses: Buol moved adoption of Resolution No. 438-03 Granting the issuance of a
Class “B” Beer Permit to Happy Joe’s Ice Cream and Pizza and a Class “C” Beer Permit to IOCO
Speede Shoppe #93, Big 10 Mart Car Wash and Aldi #30 and Resolution No. 439-03 Granting
the issuance of a Class “C” Beer/Liquor License to Yen Ching Restaurant and Bridge Restaurant;
and a Class “E” Liquor License to Aldi #30. Seconded by Michalski. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Cooper Development Company, LLC – Tax Increment Financing: City Manager recommending
approval of Cooper Development Company’s application for Property Tax Rebates for Historic
Properties and that a public hearing be set for November 17, 2003 and communication from the
Historic Preservation Commission recommending approval of Cooper Development Company’s
application for Property Tax Rebates for Historic Properties, upon motion received and filed.
Cline moved adoption of Resolution No. 440-03 Fixing the date for a public hearing on the
issuance of Urban Renewal Tax Increment Revenue Obligations and a Property Tax Rebate
Agreement relating thereto with Cooper Development Company and providing for publication of
notice thereof and setting public hearing for 11/17/03 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 Nicholson. Motion carried 7-0.
Heritage Trail Extension Project from the Heron Pond Wetlands to the Dubuque Jaycees Trail:
City Manager recommending initiation of the bidding process for the Heritage Trail Extension
Project from the Heron Pond Wetlands to the Dubuque Jaycees Trail and setting a public hearing
for December 1, 2003, upon motion received and filed. Cline moved adoption of Resolution No.
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441-03 Preliminary approval of plans and specifications; Resolution No. 442-03 Fixing date of
hearing on plans and specifications for 12/1/03 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
and Resolution No. 443-03 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
Disposition of Real Property to Riverside Baseball, LLC: City Manager recommending adoption
of a resolution initiating disposition by lease of real property and improvements located in the Port
of Dubuque (Ice Harbor Urban Renewal District) to Riverside Baseball, LLC., upon motion
received and filed. Cline moved adoption of Resolution No. 444-03 (1) Approving the Minimum
Requirements, Competitive Criteria, and offering Procedures for Disposition of Certain Real
Property and Improvements in the Ice Harbor Urban Renewal District; (2) Determining that the
Lease submitted by Riverside Baseball, LLC satisfies the offering requirements with respect to the
real property and improvements and declaring the intent of the City Council to approve the Lease
with Riverside Baseball, LLC in the event that no competing proposals are submitted; and (3)
soliciting competing proposals, setting a date for a Public Hearing on December 15, 2003 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 Nicholson. Motion carried 7-0.
Authorization of a Loan Agreement and Issuance of Not to Exceed $15,000,000 General fund
Capital Loan Notes: City Manager recommending adoption of a Resolution Fixing Dates for
Meetings: for discussion of authorization of a Loan Agreement and the issuance of not to exceed
$15,000,000 General Fund Capital Loan Notes of the city of Dubuque, Iowa and providing for
Publication of Notice Thereof, upon motion received and filed. Cline moved adoption of Resolution
No. 445-03 Fixing dates for meetings on the authorization of a Loan Agreement and the issuance
of not to exceed $15,000,000 General Fund Capital Loan Notes of the city of Dubuque, Iowa and
providing for publication of notice thereof and setting this for discussion and Public Hearing on
November 17, 2003 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 also setting the date of
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December 18, 2003 at 4:30 P.M. in Conference Room “B” City Hall, 50 W. 13 Street, for the
purpose of taking additional action and that the City Clerk publish notice in the manner prescribed
by law. Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION: (One youth member for a one-
year term and two 3-year terms through 10/1/06): Applicants: Stephanie Beecher (Youth);
Andrea Bixler, Joseph D. Suarez. Markham moved that Stephanie Beecher be appointed to the
Youth position which will expire 6/1/04 and that Andrea Bixler and Joseph D. Suarez be appointed
to three year terms which will expire 10/1/06. Seconded by Connors. Motion carried 7-0.
HISTORIC PRESERVATION COMMISSION: (One unexpired term through 7/1/05 for Old Main
District; two 3-year terms through 7/1/06 for At-Large) Applicants: James E. Gibbs (At-Large);
Matthew Lundh (At-Large); Angella Marlatt (At-Large); David C. Stuart (At-Large) Upon vote,
James E. Gibbs and David C. Stuart were appointed to three year terms which will expire 7/1/06.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
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Sale of City Property – Medical Associates Subdivision: Proof of publication on notice of hearing
to consider a request from Oak Park Place of Dubuque, LLC, the developer of Lot 10 of Medical
Associates Subdivision, to purchase Lots 1, 2 and 3 of Medical Associates Subdivision and City
Manager recommending approval, upon motion received and filed.
Bob Hartig, representing Oak Park Dubuque LLC, spoke requesting the sale of this property.
Markham moved adoption of Resolution No. 446-03 Disposing of City interest in Lots 1, 2, and 3
of Medical Associates Subdivision No. 3 in the City of Dubuque, Iowa. Seconded by Nicholson.
Motion carried 7-0.
2003 Local Law Enforcement Block Grant Funds: Proof of publication on notice of hearing to
consider acceptance of the 2003 Local Law Enforcement Block Grant award and City Manager
recommending approval, upon motion received and filed and approved recommendation.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Special Election on Capital Improvements Reserve Fund and Levy: City Manager
recommending that a special election on the establishment of a Capital Improvement Reserve
Fund and levy for a baseball stadium be approved for December 16, 2003 and communication
from Dubuque Main Street in support of the special election, upon motion received and filed. Buol
moved adoption of Resolution No. 447-03 Calling for a special City election on the proposition of
establishing a Capital Improvements Reserve Fund and levying an annual tax for such fund.
Seconded by Markham. Motion carried 7-0.
Vision Iowa Application: City Manager recommending approval of the submission of a Vision
Iowa application n the amount of $3.6 million for a baseball stadium, upon motion received and
filed. Cline moved adoption of Resolution No. 448-03 Authorizing the filing of a Vision Iowa
Application and committing the local match for the project. Seconded by Nicholson. Motion
carried 7-0.
Library Board of Trustees: Communication from Thomas A. Tully, President of the Carnegie-
Stout Public Library Board of Trustees, requesting a work session with the City Council to discuss
the proposed Library renovation/restoration project, upon motion received and filed and directed
the City Manager to schedule a work session after 1/1/04 and before the budget process begins.
Chestnut Street (Highland to Cox) Reconstruction Project (Tabled on 10/20/03): Upon motion
this matter was removed from the table. Communication from the Historic Preservation
Commission regarding the Chestnut Street Reconstruction Project and City Manager
recommending award of the contract for the Chestnut Street (Highland to Cox) Reconstruction
Project to WC Stewart Construction Co., in the amount of $471,823.09, offering to leave trees if a
lien waiver is signed, and requesting Council direction on brick crosswalks and the limestone
curb and gutter, upon motion received and filed. Buol moved adoption of Resolution No. 449-03
Awarding contract to WC Stewart Construction Co. allowing trees targeted for removal to stay if
the property owner signs a lien waiver; and allowing the installation of limestone curb and gutters
at the property owner’s expense. Seconded by Connors. Motion carried 7-0.
Warehouse Demolition Districts: Communication from the Historic Preservation Commission
requesting City Council direction regarding Warehouse Demolition Districts, presented and read.
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Chris Olson, Vice President of the Historic Preservation Commission, explained the request.
Upon motion this matter was tabled until completion of the downtown master plan.
Street Banners in Historic Districts: Communication from the Historic Preservation Commission
requesting that in the future the Commission be allowed to serve as an advisory design review
body to the City Council on the design, size and composition of street banners located in the
historic districts, upon motion received and filed and referred to Staff.
Legislative Issues: City Manager recommending approval of the City of Dubuque’s 2004
Legislative Issues, upon motion received and filed and approved recommendation.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development advising that the City’s overall progress for Program year
2002 was successful, upon motion received and filed and congratulated City Staff.
Awards: International Economic Development Council 2003 Honorable Mention Partnership
Award presented to the City of Dubuque in recognition of the America’s River Partnership;
Communication from the National League of Cities congratulating the City of Dubuque on winning
Honorable Mention in the Partnership category of the 2003 Economic Development Awards
presented by the International Economic Development Council and communication from the Iowa
Ready Mixed Concrete Association advising that the Mississippi Riverwalk Phase II project has
been selected as the recipient of the Recreational Trails/Golf Cart Paths Category Award for
2003, upon motion received and filed.
COUNCIL MEMBER REPORTS
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Nicholson advised that the January 19 Council meeting will conflict with the presidential
caucuses. Upon motion it was decided that the time of that meeting be changed to commence at
3:00 P.M.
PUBLIC INPUT
Katie Krieg, President of Dubuque Initiatives, distributed the press release about the proposed
baseball stadium.
Walt Pregler, 2966 Shiras, representing the Dubuque Boat Club, questioned whether the
relocation of the maintenance shop of the Water Department would result in eminent domain and
loss of business in the area around the boat club. City Manager Van Milligen responded that this
was not the case.
At 7:56 P.M. upon motion it was resolved to go into Closed Session – Pending Litigation –
Chapter 21.5(1)(c) 2003 Code of Iowa.
At 8:27 Council reconvened Regular Session stating staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:28 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 11/12
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