Minutes City Council 2 2 04CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, February 2, 2004
Council met in Special Session at 5:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Cline, Connors, Markham, Michalski, Nicholson,
City Manager Van Milligen, Corporation Counsel Lindahl.
Absent: Council Member Buol
Mayor Duggan read the call and stated this is a special session of the City Council called for
the purpose of receiving a presentation by the Convention and Visitors Bureau.
Sue Czeshinski, Director of the Convention & Visitors' Bureau and Steward Sandstrom,
President of the Chamber of Commerce, spoke outlining the encouraging elements of
developments in the City and its positive impacts on Dubuque in general and as a tourism
destination.
There being no further business, upon motion this special meeting adjourned at 6:27 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 2, 2004
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Cline, Connors, Markham, Michalski, Nicholson,
City Manager Van Milligen, Corporation Counsel Lindahl.
Absent: Council Member Buol
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. John E. Kerrigan, Interim President of Loras College.
Proclamation: Child Passenger Safety Week (February 8 – 14, 2004) received by Tilly Giellis
of Mercy Medical Center.
CONSENT ITEMS
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Minutes and Reports Submitted: Cable TV Regulatory Commission of 1/14; City Council of
1/19 and 1/26; Civil Service of 1/8; Environmental Stewardship Advisory Commission of 1/6;
Historic Preservation Commission of 1/15; Housing Code Appeals Board of 12/16; Housing
Commission of 12/9; Investment Oversight Advisory Commission of 1/22; Library Board of
Trustees of 12/18 and 1/7; Long Range Planning Advisory Commission of 1/21; Park and
Recreation Commission of 1/13; Zoning Board of Adjustment of 1/22, upon motion received and
filed.
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Investment Oversight Commission’s 42 Quarterly Report, upon motion received and filed.
Carnegie Stout Public Library Board of Trustees Update, upon motion received and filed.
Substance Abuse Services Center Fiscal Year 2004 Second Quarterly Report, upon motion
received and filed.
Proofs of publication for City Council Proceedings of 12/15, 12/18, and 1/5, upon motion
received and filed.
Notice of Claims/Suits: Dubuque Storage and Transfer Company for property damage;
Glenview Motel for property damage; Linda C. Hoefflin for personal injury; Lynn Jagielski for
personal injury; Eric Schmitt for vehicle damage; Lynn Valley for vehicle 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: Norma Furry for
property damage; Lynne Jagielski for personal injury, Linda Hoefflin for personal injury, upon
motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Eric Schmitt for vehicle damage
and directing the Finance Department to issue payment, upon motion received and filed and
concurred and directed Finance Department to issue payment.
Citizen Communications:
Communication from Michael D. Gibson, Fly-By-Night Productions, expressing concerns
regarding the privatization of the Five Flags Civic Center, upon motion received and filed.
Communication from Brian J. Behr, 9498 Hwy 52 South, regarding the relocation of Apex,
upon motion received and filed.
Residential Parking Permit District: Petition for a Residential Parking Permit District on West
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16 Street (Cornell to Fairview), Cornell Street, Pickett Street, May Place and 15 Street
(Cornell to Fairview), upon motion received and filed and referred to the City Manager.
Environmental Stewardship Advisory Commission: Communication from Daniel J. Calvert
submitting his resignation from the Environmental Stewardship Advisory Commission, upon
motion received and filed and accepted the resignation.
Iowa Department of Economic Development: Communication from Steven R. McCann, City
Development Administrator for the Iowa Department of Economic Development, advising that
the City Development Board will review the City’s request for a voluntary annexation on
February 12, 2004, upon motion received and filed.
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Adams Company Loan Agreement: City Manager recommending approval of a Loan
Agreement with American Trust and Savings Bank, authorizing the issuance of $500,000 in
General Obligation Loan Notes, and levying a tax to pay the notes for the Adams Company
relocation project, upon motion received and filed. Markham moved adoption of Resolution
No. 35-04 Approving and authorizing a form of loan agreement and authorizing and providing
for the issuance of $500,000 General Obligation Capital Loan Notes, Series 2004, and levying
a tax to pay the notes. Seconded by Nicholson. Motion carried 6-0.
Acceptance of Warranty Deeds – US 20 Widening Project: City Manager recommending
acceptance of warranty deeds for property purchased for the US Highway 20 widening project,
upon motion received and filed. Markham moved adoption of Resolution No. 36-04 Accepting
a conveyance of property being a part of Lot 1 of Wilson Bros. Place to the City of Dubuque;
Resolution No. 37-04 Accepting a conveyance of property being a part of Lot 1 of Ramada Inn
Place to the City of Dubuque; Resolution No. 38-04 Accepting a conveyance of property being
a part of Lot 1 of 1 of Harwood Place in Section 27, Dubuque Township, to the City of Dubuque;
Resolution No. 39-04 Accepting a conveyance of property being a part of Lot 1 of Center
Grove Methodist Episcopal Church and Cemetery Subdivision to the City of Dubuque;
Resolution No. 40-04 Accepting a conveyance of property being a part of Lot 1 of 1 of 1 of 1 of
1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, to the City of Dubuque;
Resolution No. 41-04 Accepting a conveyance of property being a part of Lot 2 of 1 of 1 of 1 of
Correction Plat of Lot 1 of Mineral Lot 246 to the City of Dubuque; Resolution No. 42-04
Accepting a conveyance of property being a part of Lot 1 of Cleve Place to the City of
Dubuque. Seconded by Nicholson. Motion carried 6-0.
Iowa Department of Transportation: Communication from Richard Kautz, Iowa Department of
Transportation, advising that the IDOT does not intend to conduct a traffic study or hold a
public hearing concerning the Apex Company rezoning issue, upon motion received and filed.
Fiscal Year 2004 Airport Capital Improvement Project: City Manager recommending approval
of the addition of three Fiscal Year 2004 capital improvement projects in the total amount of
$30,000 at the Dubuque Regional Airport, upon motion received and filed and approved
recommendation.
Garfield Place Urban Revitalization Plan: Communication from the Long Range Planning
Advisory Commission advising that the Amended and Restated Garfield Place Urban
Revitalization Area Plan is consistent with the Comprehensive Plan and recommending City
Council adoption, upon motion received and filed.
John F. Kennedy Road Reconstruction Project: City Manager recommending acceptance of
the John F. Kennedy Road Reconstruction Project as completed by Flynn Company in the final
contract amount of $1,305,965.50 and adoption of the preliminary schedule of final
assessments, upon motion received and filed. Markham moved adoption of Resolution No.
43-04 Accepting improvement; Resolution No. 44-04 Approving final contract amount and
Resolution No. 45-04 Approving preliminary schedule of final assessments. Seconded by
Nicholson. Motion carried 6-0.
2003 Sidewalk Assessment Project: City Manager recommending approval of the final
assessment schedule for the 2003 Sidewalk Assessment Project, upon motion received and
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filed. Markham moved adoption of Resolution No. 46-04 Adopting the final assessment
schedule for the 2003 Sidewalk Assessment Project 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
Nicholson. Motion carried 6-0.
Quarterly Investment Report: City Manager transmitting the December 31, 2003 Quarterly
Investment Report, upon motion received and filed.
Iowa Governor’s Traffic Safety Application: City Manager recommending approval of an Iowa
Governor’s Traffic Safety Application for additional traffic safety funds for the detection and
apprehension of impaired drivers, upon motion received and filed and approved.
Carter Road Detention Basin Property Acquisition: City Manager recommending approval to
establish the fair market value of one parcel of land and an easement necessary to be acquired
for the Carter Road Detention Basin and authorization to negotiate for purchase of the property
and the easement, upon motion received and filed. Markham moved adoption of Resolution
No. 47-04 Establishing the fair market value of certain real estate owned by Delbert G. Miller in
the City of Dubuque, Iowa and Resolution No. 48-04 Establishing the fair market value of
certain interests in real property owned by Larry W. and Kathy F. Miller in the City of Dubuque,
Iowa. Seconded by Nicholson. Motion carried 6-0.
Police Department Fire Proof Vests: City Manager recommending replacement of the Ultima
II vests currently in use by the Police Department, which have been found to be defective, with
the Second Chance Monarch Summet Bulletproof Vests at a cost of $17,061.61, upon motion
received and filed and approved recommendation.
Business Licenses: Markham moved adoption of Resolution No. 49-04 Granting the issuance
of Class “C” Beer Permit to Lee’s 76/West Locust Mart, Dubuque Discount Gas, Oky Doky #8,
and El Paisono and Resolution No. 50-04 Granting the issuance of Class “C” Beer/Liquor
License to Town Clock Inn, Dubuque Mining Company, Goetz’s and Pusateris. Seconded by
Nicholson. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Old Mill Road Property – Lease Agreement: City Manager recommending that a public
hearing be set for February 16, 2004, to consider a lease agreement with David Hartig for four
properties on Old Mill Road which the City acquired through the Hazard Mitigation Grant
Program (HMGP) and which must remain open green space as a condition of the HMGP
program, upon motion received and filed. Cline moved adoption of Resolution No. 51-04
Establishing a public hearing for the disposition of Old Mill Road property and set it for public
hearing on 2/16/04 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 6-0.
Fremont Avenue Reconstruction Project: City Manager recommending initiation of the bidding
process for the Fremont Avenue Reconstruction Project and that a public hearing be held on
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March 1, 2004, upon motion received and filed. Cline moved adoption of Resolution No. 52-
04 Preliminary approval of plans and specifications; Resolution No. 53-04 Setting date of
hearing on plans and specifications; Resolution No. 54-04 Approving preliminary schedule of
assessments; Resolution No. 55-04 of Necessity; Resolution No. 56-04 Fixing date of hearing
on Resolution of Necessity for 3/1/04 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. 57-04 Ordering bids. Seconded by Nicholson. Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Community Development Advisory Commission (Two 3-Year At-Large Terms to Expire
2/15/07 – Terms of Giesen and Maloy and One 3-Year Low/Moderate Income Term to Expire
2/17/07 – Vacant): Applicants: James Giesen and Paula Maloy, SVM No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Downtown Master Plan: Proof of publication on notice of hearing to consider adoption of the
Downtown Master Plan; Communication from the Long Range Planning Advisory Commission
recommending adoption of the Downtown Master Plan; City Manager transmitting
transcriptions of the public comments received to date at the display of the Downtown Master
Plan located in the Carnegie-Stout Public Library; City Manager transmitting revised Action
Matrices by Timeframe for the Downtown Master Plan as requested by the City Council;
Communication from the Historic Preservation Commission in support of the Downtown Master
Plan; Communication from the Community Development Advisory Commission in support of
the Downtown Master Plan; Communication from Dubuque Initiatives in support of the
Downtown Master Plan; Communication from James M. Pfohl, President of The Fischer
Companies, requesting that the Downtown Master Plan be approved, Communication from
Dubuque Main Street, in support of the Downtown Master Plan; Communication from the
Housing Commission in support of the Downtown Master Plan; Communication from the
Dubuque Area Chamber of Commerce in support of the Downtown Master Plan;
Communication from the Dubuque Cultural Alliance in support of the Downtown Master Plan;
Communication from the Iowa Department of Economic Development in support of the
Downtown Master Plan, upon motion received and filed.
Dave Rusk, Chair of Downtown Planning Committee, spoke and introduced members of the
committee and gave the history of the Master Plan. Ann Ricker of Leland Consulting, and
Planning Services Director Laura Carstens, spoke clarifying specifics of the plan. Dean
Rampson, 1198 Bluff St. spoke requesting consideration of having a street car run through the
City.
Michalski moved adoption of Resolution No. 58-04 Adopting the Downtown Dubuque Master
Plan. Seconded by Markham. Motion carried 6-0.
Westbrook Sanitary Sewer Extension Project: Proof of publication on notice of hearing and
notice to bidders and City Manager recommending award of the contract for the Westbrook
Sanitary Sewer Extension Project to Callahan Construction in the amount of $127,141, , upon
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motion received and filed. Cline moved adoption of Resolution No. 59-04 Adopting plans and
specifications and Resolution No. 60-04 Awarding contract to Callahan Construction.
Seconded by Nicholson. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Stone Brook Center Second Addition: City Manager recommending approval of the final plat
of Stone Brook Center Second Addition located along US Highway 20 north of the access drive
for Barrington Lakes Subdivision, upon motion received and filed. Cline moved adoption of
Resolution No. 61-04 Approving the final plat of Stone Brook Center Second Addition in the
City of Dubuque, Iowa. Seconded by Michalski. Motion carried 6-0.
Iowa League of Cities: Communication form Thomas G. Bredeweg, Iowa League of Cities,
advising that Council Member Patricia Cline has been appointed to serve as one of Iowa’s
representatives on the NLC Energy, Environment and Natural Resources Committee, upon
motion received and filed and approved appointment of Cline.
There being no further business, upon motion meeting adjourned at 7:00 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 2/11
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