4 5 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, April 5, 2004
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, City
Manager Michael Van Milligen, Corporation Counsel Lindahl.
Absent: Council Member Connors
Mayor Duggan read the call and stated this is a special 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 Sr. Paula Maloy.
Proclamations: Fair Housing Month (April, 2004) received by Bruce Ray of Housing and Urban
Development; Community Development Week (April 12 - 18, 2004) received by Sister Paula
Maloy; Make-A-Wish Week (April 18 - 24,2004) received by Sue Mohr; Poppy Day (May 1,
2004) received by Norman Nelson.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 2/23 and 3/22; Cable TV Regulatory
Commission of 3/10; City Conference Board of 2/17; City Council of 3/15; Community
Development Advisory Commission of 3/10; Five Flags of 2/16; Housing Code Appeals Board of
1/20 (as amended) and 2/17; Housing Commission of 2/24; Housing Commission Trust Fund of
3/11; Long Range Planning Advisory Commission of 3/17; Plumbing Board of 3/16; Transit Board
of 3/11; Zoning Advisory Commission of 3/2, upon motion received and filed.
Printed Council Proceedings for January, 2004, upon motion received and filed and approved as
printed.
Proofs of publication of City Council meetings of 2/23, 2/24, 3/1, 3/3 and 3/15, upon motion
received and filed.
Notice of Claims/Suits: Del Banowetz for vehicle damage; Marilyn Campbell for vehicle damage;
Mary Criss for personal injury to Demond Criss; Carol J. Eberlein for vehicle damage; Marguerite
Martin for personal injury and vehicle damage; Thomas J. Mueller for personal injury and vehicle
damage; James A. Daniel vs. Peninsula Gaming Company, LLC, City of Dubuque, and Fischer
Excavating, Inc., 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: Del Banowetz for vehicle
damage; Mary Criss for personal injury to Demond Criss; Carol Eberlein for vehicle damage;
Marguerite Martin for personal injury/vehicle damage; Thomas Mueller for personal injury/vehicle
damage, upon motion received and filed.
Corporation Counsel recommending settlement of the claim of Marilyn Campbell for vehicle
damage and Sarah Neis for vehicle damage and directing the Finance Department to issue
payment, upon motion received and filed and concurred and Finance Department to issue
payments.
City Development Board: Ruling on Motion to Dismiss from the City Development Board in the
matter of the voluntary annexation of the City of Asbury within the urbanized area of the City of
Dubuque, upon motion received and filed.
Dubuque Golf and County Club: Communication from Richard Bugalski, General Manager of the
Dubuque Golf and Country Club, requesting permission to display fireworks on July 4, 2004 on the
Dubuque Golf and Country Club grounds, upon motion received and filed and approved request.
Lease Agreement with Tri-State Modelers: City Manager recommending approval of a three-year
lease agreement with the Tri-State Modelers for a section of the former Roosevelt Park, upon
motion received and filed and approved recommendation.
Target Grant Application: City Manager recommending approval of a grant application to the
Target Corporation in the amount of $1,149 for a laptop computer for use by the Community
Oriented Policing program, upon motion received and filed and approved recommendation.
Development Agreement for Westbrook Subdivision: City Manager recommending approval of a
development agreement with Callahan Construction, Inc. fOr development of affordable single-
family housing in the Westbrook Subdivision, upon motion received and filed and approved
recommendation.
Memorandums of Understanding with the Visiting Nurse Association and United Clinical
Laboratories; City Manager recommending approval of an agreement with the Visiting Nurse
Association and United Clinical Laboratories to provide HUD lead grant-related services, upon
motion received and filed and approved recommendation.
Legislative Correspondence:
Communication from the City Managertoarea legislators urging their opposition to SF2297 and
HSB718 - Property Tax Limitation Bills, SF2298 - Appropriations Bill Regarding Property Tax
Credits, and HSB727 - Department of Revenue Technical Corrections Bill, upon motion received
and filed.
Communication from the City Manager to area legislators urging their support of any
amendments to SSB3169, the Appropriations Bill, which would remove a reference in Section 227
that would force cities to absorb the $20 million shortfall in State reimbursement of property tax
credits and support of Amendment #216 which reinstates Iowa Code Section 25B.7, upon motion
received and filed.
Communication from the City Manager to area senators encouraging them to vote against
SSB3168, the property tax limitation bill, upon motion received and filed.
Communication from the Mayor to Congressman Jim Nussle thanking him for identifying the IA 32
(Southwest Arterial) and the US 20 Julien Dubuque Bridge as projects to be included in the new
transportation authorization bill, upon motion received and filed.
Wartburg Place Reconstruction Project: City Manager recommending approval of the Final
Assessment Schedule for the Wartburg Place Reconstruction Project, upon motion received and
filed. Michalski moved adoption of Resolution No. 124-04 Adopting the final assessment schedule
for the Wartburg Place Reconstruction 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.
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White Street Reconstruction Project: City Manager recommending approval of the Final
Assessment Schedule for the White Street Reconstruction Project, upon motion received and filed.
Michalski moved adoption of Resolution No. 125-04 Adopting the final assessment schedule for
the White Street Reconstruction 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-
O.
Assignment of CIGNA Agreements to Prudential: City Manager recommending approval of a
Memoranda of Understanding and Assignment and Assumption of the Enterprise Zone and
Development Agreements for the assignment of CIGNA Agreements to Prudential Financial, Inc.,
upon motion received and filed. Michalski moved adoption of Resolution No. 126-04 Approving a
Memorandum of Understanding between the City of Dubuque, Iowa and Prudential Insurance
Company of America for the assignment of an Enterprise Zone Agreement among the City of
Dubuque, the State of Iowa and CIGNA Retirement Benefits Services from CIGNA Retirement
Benefits Services to Prudential Insurance Company of America and approving the assignment of
such Enterprise Zone Agreement; and approving a Memorandum of Understanding between the
City of Dubuque, Iowa and Prudential Insurance Company of America for the assignment of a
Development Agreement between the City of Dubuque, and CIGNA Retirement Benefits Services
from CIGNA Retirement Benefits Services to Prudential Insurance Company of America and
approving the assignment of such Development Agreement. Seconded by Nicholson. Motion
carried 6-0.
Purchase of Service Agreement with St.Stephen's Food Bank: City Manager recommending
approval of a Purchase of Service Agreement with St. Stephen's Food Bank in the amount of $500
for the Deer Management Food Program, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent Program: City
Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc.
in the amount of $5,435 for the Foster Grandparent Program, upon motion received and filed and
approved recommendation.
Purchase of Service Agreement with the Retired and Senior Volunteer Program: City Manager
recommending approval of a Purchase of Service Agreement with the Retired and Senior
Volunteer Program in the amount of $7,341, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Project Concern, Inc. - Information and Referral and Child
Care Referral - City Manager recommending approval of a Purchase of Service Agreement with
Project Concern, Inc. in the amount of $24,339 for the Information and Referral Program plus a
payment of $8,576 for the Child Care Referral Program, upon motion received and filed and
approved recommendation.
Purchase of Service Agreement with Operation: New View: City Manager recommending
approval of a Purchase of Service Agreement with Operation: New View in the amount of $16,708,
upon motion received and filed and approved recommendation.
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Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.: City Manager
recommending approval of a Purchase of Service Agreement with Helping Services of Northeast
Iowa, Inc. in the amount of $1 ,964, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Greater Dubuque Development Corporation: City Manager
recommending approval of a Purchase of Service Agreement with Greater Dubuque Development
Corporation in the amount of $127,500 including $87,500 for economic development services and
$40,000 for marketing of the City's industrial parks, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Dubuque Main Street, Ltd.: City Manager recommending
approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd in the amount of
$43,966, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Dubuque Area Lifetime Center: City Manager
recommending approval of a Purchase of Service Agreement with Dubuque Area Lifetime Center
in the amount of $20,000, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Dubuque Area Labor Management Council: City Manager
recommending approval of a Purchase of Service Agreement with Dubuque Area Labor
Management Council in the amount of $15,051, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and
Visitors Bureau: City Manager recommending approval of a Purchase of Service Agreement with
the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of
$554,705, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Washington Neighborhood Tool Library: City Manager
recommending approval of a Purchase of Service Agreement with the Washington Neighborhood
Tool Library in the amount of $15,500, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Substance Abuse Services Center: City Manager
recommending approval of a Purchase of Service Agreement with Substance Abuse Services
Center in the amount of $12,390, upon motion received and filed and approved recommendation.
Alliant Energy: Notice of proposed rate increase from Alliant Energy and communication of the
City Manager to the Iowa Utilities Board regarding the rate increase requested by Interstate Power
and Light Company (Alliant Energy Company), upon motion received and filed and approved City
Manager's letter.
Parking Ramp Structural Analysis Request for Proposals: City Manager recommending approval
of the issuance of a Request for Proposals to solicit qualified firms to perform a complete structural
analysis of the Iowa Street and the Locust Street Parking Ramps. upon motion received and filed
and approved recommendation.
Greater Downtown Urban Renewal District: Communication from the Long Range Planning
Advisory Commission advising that the Commission has reviewed the Urban Renewal Plan for the
Greater Downtown Urban Renewal District and finds it to be consistent with the Comprehensive
Plan and recommends City Council approval, upon motion received and filed.
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Historic Preservation Revolving Loan Fund and Historic Preservation Homeowner Grant
Programs: Communication from the Historic Preservation Commission recommending City Council
approval of amendments to the Historic Preservation Revolving Loan Fund and Historic
Preservation Homeowners Grant Programs, upon motion received and filed and approved
recommendation.
Continuum of Care Program: City Manager recommending approval of an application to the US
Department of Housing and Urban Development (HUD) for renewal of funding under the
Continuum of Care Program for homeless assistance, upon motion received and filed and
approved recommendation.
Mediacom: Submission of the 2003 Annual Report of Mediacom, upon motion received and filed.
Mississippi Riverwalk Phase II and Amenities Project: City Manager recommending acceptance
of the construction contract for the Mississippi Riverwalk Phase II and Amenities Project as
completed by Portzen Construction in the final contract amount of $3,783,606.08, upon motion
received and filed. Michalski moved adoption of Resolution No. 127-04 Accepting improvement
and Resolution No. 128-04 Approving final estimate. Seconded by Nicholson. Motion carried 6-
O. I
Peninsula Gaming Lease Agreement for Patio Area: City Manager recommending approval of a
lease agreement with Peninsula Gaming for the lease of the patio area adjacent to the Portside
Building for the 2004 season, upon motion received and filed and approved recommendation.
Business Licenses: Michalski moved adoption of Resolution No. 129-04 Granting the issuance of
a Class "C" Beer Permit to Plaza 20 Amoco and Resolution No. 130-04 Granting the issuance of a
Class "C" Beer/Liquor License to A & B Tap, Salsa's Mexican Restaurant, Loras College, Whiskey
River, Neighbor's Tap, Marco's Italian American Food, Noonan's Tap, and the Busted Lift; Class
"C" Beer/Liquor License (6 Month) to Sugar Ray's; Class "B" (WB) Wine Permit to Carroll's Wine
Company; Special Class "C" (BW) Liquor License to Mississippi Mug; and Class "B" Native Wine
Permit to National Mississippi River Museum. Seconded by Nicholson. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Operations and Service Center Construction Project - Initiate: City Manager recommending
initiation of the public bidding process for the Operations and Service Center Construction Project
and that a public hearing be set for May 17, 2004, upon motion received and filed. Cline moved
adoption of Resolution No. 131-04 Preliminary approval of plans and specifications; Resolution
No. 132-04 Setting date of hearing on plans and specifications for 5/17/04 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. 133-04 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:
TV Cable Community Teleprogramming Commission: Two 3-Year Unexpired Terms Through
6/30/06) - Applicant: Marie Araeipour. Ms. Araeipour spoke.
Appointments to the following Board/Commission:
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Environmental Stewardship Advisory Commission (One 3-Year Unexpired Term Through
10/1/05) - Applicant: Sr. Mary Clare O'Toole. Upon motion Sr. Mary Clare O'Toole was appointed
to serve an unexpired term which will expire 10/1/05.
Zoning Board of Adjustment (One 5-Year Term Through 3/25/09 - Term of Gasper)
Applicant: William M. Gasper. Upon motion Mr. Gasper reappointed to serve a five year term
which will expire 3/25/09.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Utility Franchise Agreement with Maquoketa Valley Electric Cooperative: Proof of publication on
notice of hearing to consider a Utility Franchise Agreement with Maquoketa Valley Electric
Cooperative to be effective May 1, 2004 and City Manager recommending approval, upon motion
received and filed. Ordinance No. 20-04 Granting to Maquoketa Valley Electric Cooperative, its
successors. and assigns, a nonexclusive authority to maintain and operate its existing electrical
system and construct extensions thereto within the limits of the City of Dubuque, Iowa, including
any territory which may be annexed thereto during the term of this franchise to the extent any such
territory is within the exclusive service territory of the company under Iowa Code Chapter 476 (or
its successor), and including the right to ørect and maintain all necessary facilities and equipment
in, under, upon, over, across and along the streets, alleys, bridges and other similar public places
within the city for the production, transmission, distribution and sale of electric power, and
prescribing terms and conditions under which the company is to operate, presented and read.
Buol 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
Markham. Motion carried 6-0.
Amendment to Utility Franchise Agreements with Aquila and Alliant Energy: Proof of publication
on notice of hearing to consider approval of an amendment to the Utility Franchise Agreements
with Aquila and Alliant Energy to provide that the franchise fee applies to all sales of gas or
electricity to residential customers regardless of sales tax exemptions and City Manager
recommending approval, upon motion received and filed. Ordinance No. 21-04 Amending
Ordinance No. 58-03 Establishing a franchise fee of two percent (2%) of the gross revenue of
Interstate Power Company, its successors and assigns, generated from the sale of electricity within
the City of Dubuque and Ordinance No. 22-04 Amending Ordinance No. 59-03 Establishing a
franchise fee of two percent (2%) of the gross revenue of Peoples Natural Gas Company, its
successors and assigns, generated from the sale of natural gas or mixed gas within the City of
Dubuque, presented and read. Buol moved that the requirement that the proposed Ordinances be
considered and voted on for passage at two Council Meetings prior to the meeting at which they
are to be finally passed be suspended and further moved final consideration and passage of the
Ordinances. Seconded by Markham. Motion carried 6-0.
Loras Boulevard Historic Lighting: Proof of publication on notice of hearing and notice to bidders
and City Manager recommending award of the contract for the Loras Boulevard Historic Lighting
Projectto Westphal & Company, Inc., in the amount of $110,338.68, upon motion received and
filed.
Carleen Schroeder, 1493 Cornell St., Chris Olson, 1090 Grove Terrace and Bob Fisch, 722 W.
11 th, all spoke in appreciation of the Council support for this project.
Cline moved adoption of Resolution No. 134-04 Adopting plans and specifications and
Resolution No. 135-04 Awarding contract. Seconded by Nicholson. Motion carried 6-0.
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Flood Hazard Mitigation Demolition Project - Phase 11.: Proof of publication on notice of hearing
and notice to bidders and City Manager recommending award of the contract for the Flood Hazard
Mitigation Demolition Project - Phase II to Top Grade Excavating, Inc., in the amount of $18,384,
upon motion received and filed. Markham moved adoption of Resolution No. 136-04 Adopting
plans and specifications and Resolution No. 137-04 Awarding contract. Seconded by Cline.
Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Dubuque Humane Society: Communication from Mona Woodward, President of the Board of
Directors of the Dubuque Humane Society, regarding the Purchase of Service Agreement between
the City and the Dubuque Humane Society and requesting an increase in the amount and City
Manager responding to the request of the Dubuque Humane Society and asking that the issue be
referred to staff, upon motion received and filed and referred to the City Manager.
Attorney Jennifer Clemens Conlon, as a member of the Dubuque Humane Society Board of
Directors, spoke explaining the need for additional funds.
Dubuque Nursery and Landscaping - UDAG Loan: City Manager recommending approval of a
$20,000 UDAG Loan to Dubuque Nursery and Landscaping, a new nursery and landscaping
business, for the purchase and renovation of the former Hopper's Nursery on Jackson Street, upon
motion received and filed. Michalski moved adoption of Resolution No. 138-04 Approving loan
agreement with Dubuque Nursery and Landscape. Seconded by Nicholson. Motion carried 6-0.
Port of Dubuque Remediation Contract: City Manager recommending approval of a contract with
Terraconas the environmental design and remediation consultant for petroleum cleanup in the
Port of Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 139-
04 Confirming selection of Terracon to provide environmental design and remediation services for
petroleum cleanup in the Port of Dubuque. Seconded by Nicholson. Motion carried 6-0.
Dubuque Racing Association: City Manager recommending approval of the new expansion plan
for the City-owned Dubuque Greyhound Park and Casino, upon motion received and filed and
approved recommendation.
Transit Alternatives Analysis: City Manager recommending approval of the selection of the "no-
build" alternative that includes the implementation of the two diesel-powered American Heritage
Streetcars to provide a better transit link between the Port of Dubuque and the downtown area,
upon motion received and filed and approved recommendation.
Parking Meter Ordinance: City Manager recommending approval of an amendment to the Code
of Ordinances Section 32-337 allowing for a forty-minute time limit on parking meters, upon motion
received and filed. Ordinance No. 23-04 Amending Section 32-337 Parking fee schedule of the
City of Dubuque Code of Ordinances, presented and read. Buol 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 6-0.
Fire Lane Violations: City Manager recommending approval of an amendment to the Code of
Ordinances to better define fire lane locations and to increase the violation fine to $50.00, upon
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motion received and filed. Ordinance No. 24-04 Amending City of Dubuque Code of Ordinances
Section 32-269 Fire Lanes, authorizing the Fire Chief to . designate fire lanes, prohibiting
obstruction of fire lanes, providing for signs and markings of fire lanes, and establishing a penalty
for violations thereof; amending City of Dubuque Code of Ordinances Section 32-279 Parking
Violations by adding thereto Paragraph (9) Fire Lane Violation, presented and read. Buol 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 Markham. Motion carried
6-0.
Local Non-Law Enforcement Criminal History Records: City Manager recommending approval of
an amendment to the Code of Ordinances Section 38-31 Service Charges by adding the
requirement of a service charge of $10 for a non-law enforcement local criminal history record
request, upon motion received and filed. Ordinance No. 25-04 Amending the City of Dubuque
Code of Ordinances Section 38-31 Service Charges by adding a service charge for a non-law
enforcement local criminal history record, presented and read. Buol 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 Markham. Motion carried 6-0.
Certificate of Occupancy Standards: City Manager recommending approval of an amendment to
the Code of Ordinances by adding a requirement that structures may not be occupied until
required site plan improvements have been made, upon motion received and filed. Ordinance No.
26-04 Amending the City of Dubuque Code of Ordinances Section 11-2 International Building
Code by adding a new section requiring installation and completion of site plan requirements prior
to issuance of certificates of occupancy, presented and read. Buol 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 Markham. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Michalski mentioned that Dubuque was the recent recipient of various Main Street Iowa
Governor's Awards.
At 7:42 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation .and
Property Acquisition - Chapter 21.5(1 )(c)G) 2003 Code of Iowa.
At 8:11 P.M. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:12 P.M.
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Jeanne F. Schneider, CMC
City Clerk
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