4 19 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Meeting, Special Session, April 19, 2004
Council Met in Special Session at 5:20 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson (by telephone), City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl
Mayor Duggan read the call and stated this is a special session of the City Council called for the
purpose of discussing the privatization of the Five Flags Civic Center.
Council discussed the privatization of the Five Flags Civic Center. Gil Spence reviewed the final
report of the Five Flags Review Committee in considering how the Five Flags Center could reduce
the amount of property tax support and whether or not the Five Flags Center should be privatized.
Representatives of the three firms that responded to the Request for Proposals for private
management - Compass, Kinseth and SMG - spoke briefly on their proposals. Council directed
that this issue should be on an upcoming City Council agenda and that the three firms should be
prepared to discuss their proposals and to answer specific questions.
There being no further business, upon motion meeting adjourned at 6:34 P.M.
d~{fo=t'Q~
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Meeting, Regular Session, April 19, 2004
Council Met in regular session at 6:35 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson (by telephone), 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 Reverend John Sorenson, Pastor of Lord of Life Lutheran Church,
Presentation: Ray Owensby and Ken Roeder presented the "Seven Seals Award" and
"Statement of Reserve Award" to the City of Dubuque from the Employer Support of the Military
Guard and Reserves Group.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 4/5; Community Development Advisory
Commission of 3/10; Historic Preservation Commission of 3/18; Housing Commission Trust Fund
of 3/11 and 3/26; Park and Recreation Commission of 3/9; Zoning Board of Adjustment of 3/25,
upon motion received and filed.
Library Board of Trustees Update from Meeting of March 25, 2004, upon motion received and
filed.
Proof of publication of List of Claims and Summary of Revenue for the month ending February
28, 2004, upon motion received and filed.
Ken TeKippe, Finance Director, submitting the City of Dubuque Financial Reports for the month
ending March 31, 2004, upon motion received and filed.
Notice of Claims/Suits: Sharon Krohn for property damage; Joanne E. Temperly 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: Joanne Temperly for
personal injury, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Sharon Krohn and that Finance
Department issue payment, upon motion received and filed and concurred and Finance
Department to issue payment.
Request to Purchase City Property: Communication from Randy Davis, 825 Salem Street, and
Ron, Margaret and Ben Mueller, 855 Salem Street, requesting to purchase of a portion of a City-
owned alley abutting their property, upon motion received and filed and referred to the City
Manager.
Federal COPS Grant Opportunity: City Manager recommending approval for the Police
Department to participate with the Governor's Office of Drug Control Policy regarding
establishment of an eighteen county Methamphetamine Clandestine Laboratory Drug Task Force
and the addition of one full-time Police Officer through the grant program, upon motion received
and filed and approved recommendation.
Five Flags Theater - Paint Exterior Façade Project: City Manager recommending acceptance of
the Five Flags Theater - Paint Exterior Façade Project as completed by Jackson Tuckpointing
Company, Inc, in the final contract amount of $38,300, upon motion received and filed. Buol
moved adoption of Resolution No. 140-04 Accepting improvement and Resolution No. 141-04
Approving final estimate. Seconded by Markham. Motion carried 7-0.
Northeast Iowa School of Music for Uptown Recreation Programs - Fiscal Year 2005 Agreement
City Manager recommending approval of the grant agreement with the Northeast Iowa School of
Music to provide music lessons in Fiscal Year 2005 as part of the Uptown Recreation Program,
upon motion received and filed and approved recommendation.
ISU Extension Services for Uptown Recreation Programs - Fiscal Year 2005 Agreement: City
Manager recommending approval of a grant agreement with the ISU Extension Services to provide
summer programs in Fiscal Year 2005 as part of the Uptown Recreation Program, upon motion
received and filed and approved recommendation.
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Dubuque Museum of Art for Uptown Recreation Programs - Fiscal Year 2005 Agreement: City
Manager recommending approval of the grant agreement with the Dubuque Museum of Art to
provide summer art programs in Fiscal Year 2005 as part of the Uptown Recreation Program,
upon motion received and filed and approved recommendation.
Four Mounds Foundation for Summer Day Camp Program - Fiscal Year 2005 Agreement: City
Manager recommending approval of the grant agreement with the Four Mounds Foundation to
provide the summer day camp program in Fiscal Year 2005 as part of the Uptown Recreation
Program, upon motion received and filed and approved recommendation.
Grand River Center Bid Package #2 Project: City Manager recommending acceptance of the
Grand River Center Bid Package #2 Project as completed by Canam Steel Corporation in the final
contract amount of $411 ,323, upon motion received and filed. Buol moved adoption of Resolution
No. 142-04 Accepting improvement and Resolution No. 143-04 Approving final contract.
Seconded by Markham. Motion carried 7-0.
Bonson Road Watermain: City Manager recommending acceptance of the Bonson Road
Watermain Project as completed by McDermott Excavating in the final contract amount of
$21,429.95, upon motion received and filed. Buol moved adoption of Resolution No. 144-04
Accepting improvement and Resolution No. 145-04 Approving final estimate. Seconded by
Markham. Motion carried 7-0.
Napier Street Storm and Sanitary Sewer Extension Project: City Manager recommending
acceptance of the Napier Street Storm and Sanitary Sewer Extension Project as completed by
Fondell Excavating of Dubuque, Iowa, in the final contract amount of $100,631.22, upon motion
received and filed. Buol moved adoption of Resolution No. 146-04 Accepting improvement and
Resolution No. 147-04 Approving final estimate. Seconded by Markham. Motion carried 7-0.
Southwest Arterial - Request for Proposals: City Manager recommending approval of a Request
for Proposal for the preliminary highway design - major facilities of IA 32 (Southwest Arterial),
upon motion received and filed and approved recommendation.
Cable TV Regulatory and Teleprogramming Commissions: Communication from Merrill Crawford,
Cable Franchise Administrator, advising of the resignation of Kevin Nekvinda from the Cable TV
Regulatory Commission and Dan Wilant from the Cable Community Teleprogramming
Commission, upon motion received and filed.
Legislative Correspondence:
City Manager correspondence to Senators Chuck Grassley and Tom Harkin urging their
continued support of funding for Iowa Highway 32 (Southwest Arterial), upon motion received and
filed.
City Manager correspondence to State Representatives requesting their support of HSB 728
which implements a moratorium on the reclassification of certain apartment facilities from
commercial to residential, upon motion received and filed.
City Manager correspondence to area legislators requesting their support of an amendment to
Senate Study Bill 3169 which changes the qualifying date to a two-year date prior to project
completion for qualifying for State historic tax credits, upon motion received and filed.
City Manager correspondence to area legislators requesting their opposition to S 5150, an
amendment to House File 686, regarding Tax Increment Financing, upon motion received and
filed.
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Code of Ordinance Supplement No. 61: City Manager recommending adoption of Supplement
No. 61 to the City of Dubuque Code of Ordinances, upon motion received and filed. Buol moved
adoption of Resolution No. 148-04 Adopting Supplement No. 61 to the City of Dubuque Code of
Ordinances. Seconded by Markham. Motion carried 7-0.
Notice of Intent to Request Release of Funds - Fiscal Year 2005 CDBG Programs: City Manager
recommending approval of the publication of a Notice of Intent to Request Release of Funds for
Community Development Block Grant (CDBG) program activities, upon motion received and filed.
Buol moved adoption of Resolution No. 149-04 Authorizing publication of a notice of intent to
request release of funds for certain Community Development Block Grant Projects for Fiscal Year
2005 (Program Year 2004). Seconded by Markham. Motion carried 7-0.
Dubuque Water Ski Club Lease: City Manager recommending approval of a lease with the
Dubuque Water Ski Club for approximately five acres of Schmitt Island, upon motion received and
filed and approved recommendation.
Sully Transport Lease Agreement: City Manager recommending approval of entering into a
month-to-month lease agreement with Sully Transport, Inc. for a portion of a City-owned parking
lot on 16th and Sycamore Streets, upon motion received and filed and approved.
Letter of Appreciation: Communication from William C. Fuerste, 1360 South Grandview Avenue,
expressing appreciation to City of Dubuque employees for their assistance, upon motion received
and filed.
Business Licenses:
Buol moved adoption of Resolution No. 150-04 Granting the issuance of one new permit to sell
cigarettes and cigarette papers in the City of Dubuque; Resolution No. 151-04 Granting the
issuance of a Class "C" Beer Permit to Kwik Stop C Store, Paro Food Mart, Tobacco Outlet, 16th
Street AutolTruck Plaza, McCann's Service, Oky Doky #2 and Oky Doky #1; and Class "B" Beer (5
Day Special Event) to Catfish Festival, DubuqueFest, Music N More - Tents A, Band C.
Seconded by Markham. Motion carried 7-0.
Michalski expressed concern about issues with the Bricktown liquor license. Michalski moved
adoption of Resolution No. 152-04 Granting the issuance of a Class "A" Liquor License to
Dubuque Moose Lodge; Class "C" Beer/Liquor License to Bodine's, Stonewall Lounge/Bricktown,
Special Class "C" (BW) Liquor (5-Day Special Event) License to Dubuque Arts Council; and
Special Class "C" (BW) Liquor License to Oky Doky #1 and Mississippi Mug. Seconded by
Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Lease Agreement with Hoffmann Schneider Funeral Home: City Manager recommending that a
public hearing be set for May 3, 2004 to consider a lease agreement with Hoffmann Schneider
Funeral Home for a section of Jackson Park, upon motion received and filed and set it for public
hearing on 5/3/04 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.
Right-of-Way Easement: City Manager recommending that a public hearing be set for May 3,
2004 to consider vacating a 10-foot wide right-of-way easement in the City of Dubuque, Iowa, in
accordance with an agreement adopted by City Council on February 16, 2004 with Kivlahan
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Farms, LLC., upon motion received and filed. Cline moved adoption of Resolution No. 153-04 Of
intent to dispose of interest and vacate a right-of-way easement over Lot N Arbor Estates, being a
part of the SE Y. of the SE Y. of Section 9, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque
County, Iowa and set this for public hearing on 5/3/04 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 Markham. Motion carried 7-0.
Fiscal Year 2004 Budget Amendment: City Manager recommending that a public hearing be set
for May 3, 2004 to consider the fourth amendment to the Fiscal Year 2004 budget, upon motion
received and filed. Cline moved adoption of Resolution No. 154-04 Directing the City Clerk to
publish proposed amendment to the Fiscal Year 2004 Budget and date of public hearing which is
5/3/04 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 Markham. Motion carried 7-0.
2004 Curb Ramp Installation - CDBG Project No.1: City Manager recommending initiation of the
public bidding process for the 2004 Curb Ramp Installation - CDBG Project No.1 and that a
public hearing be set for May 3, 2004, upon motion received and filed. Cline moved adoption of
Resolution No. 155-04 Preliminary approval of plans and specifications; Resolution No. 156-04
Setting date of hearing on plans and specifications for 5/3/04 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. 157-04 Ordering bids. Seconded by Markham. Motion carried 7-0.
Samuel Street Repair Project: City Manager recommending initiation of the public bidding
process for the Samuel Street Repair Project and that a public hearing be set for May 17, 2004,
upon motion received and filed. Cline moved adoption of Resolution No. 158-04 Preliminary
approval of plans and specifications; Resolution No. 159-04 Setting date of hearing on plans and
specifications for 5/17104 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. 160-04
Ordering bids. Seconded by Markham. Motion carried 7-0.
26th Street Storm Sewer Extension Project: City Manager recommending initiation of the public
bidding process for the 26th Street Storm Sewer Extension Project and that a public hearing be set
for May 17, 2004, upon motion received and filed. Cline moved adoption of Resolution No. 161-04
Preliminary approval of plans and specifications; Resolution No. 162-04 Setting date of hearing
on plans and specifications for 5/17104 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. 163-04 Ordering bids. Seconded by Markham. Motion carried 7-0.
2004 Asphalt Paving Program: City Manager recommending initiation of the public bidding
process for the 2004 Asphalt Paving Program and that a public hearing be set for May 17, 2004,
upon motion received and filed. Cline moved adoption of Resolution No. 164-04 Preliminary
approval of plans and specifications; Resolution No. 165-04 Setting date of hearing on plans and
specifications for 5/17104 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. 166-04
Ordering bids. Seconded by Markham. Motion carried 7-0.
Police Department Remodeling Project: City Manager recommending initiation of the Police
Department Remodeling Project and that a public hearing be set for June 7, 2004, upon motion
received and filed. Cline moved adoption of Resolution No. 167-04 Preliminary approval of plans
and specifications; Resolution No. 168-04 Setting date of hearing on plans and specifications for
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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. 169-04 Ordering bids. Seconded by
Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission: Civil Service Commission (One 4-Year Term to Expire 4/6/08 - Term of
Wertzberger) Applicants: Debra Fondell, Dick Wertzberger. Ms. Fondell withdrew her
application.
Appointment to the following Commission: TV Cable Community Teleprogramming Commission:
Two 3-Year Unexpired Terms Through 6/30106). Applicant: Marie Araeipour. Upon motion Ms.
Araeipour was appointed to an unexpired three year term which will expire 6/30106.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Greater Downtown Urban Renewal District: Proof of publication on notice of hearing to consider
the creation of an Urban Renewal Plan for the Greater Downtown Urban Renewal District that
combines two existing urban renewal districts and City Manager recommending approval, upon
motion received and filed.
Stewart Sandstrom, Dubuque Area Chamber of Commerce and Dan LoBianco, Dubuque Main
Street, spoke in favor of the District.
Markham moved adoption of Resolution No. 170-04 Approving the Urban Renewal Plan for the
Greater Downtown Urban Renewal District. Seconded by Cline. Motion carried 7-0.
Grandview United Methodist Church: Proof of publication on notice of hearing to consider a
request to rezone property located at 419, 439, and 485 North Grandview Avenue from R-1
Single-Family Residential District to OC Office Commercial District at the request of Grandview
United Methodist Church and Ambrose and LaVerne Klein and Zoning Advisory Commission
recommending approval, upon motion received and filed.
James Bradley of Prudential/Friedman Realty spoke in favor of the proposed rezoning.
Arvid Saele, 12695 Cousins Road, as a member of the congregation, spoke in favor.
Phil Keating, 2224 Aspen Drive, as the owner of the men's store which will use part of this church
space, spoke in favor of the rezoning.
Mel Miller of the Grandview Avenue United Methodist Church steering committee, spoke in favor
of the proposed rezoning.
Corey Thein, 1764 Bennett, spoke stating this proposal was a good compromise.
Ordinance No. 27-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located at 419,439 and 485 North
Grandview Avenue from R-1 Single-Family Residential District to OC Office Commercial District,
with conditions, 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 Connors. Motion carried 7-0.
Westbrook Subdivision Water Main Extension Project: Proof of publication on notice of hearing
to consider adoption of the plans and specifications for the Westbrook Subdivision Water Main
Extension Project and award of the contract to Callahan Construction and City Manager
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recommending approval, upon motion received and filed. Cline moved adoption of Resolution No.
171-04 Adopting plans and specifications and Resolution No. 172-04 Awarding contract.
Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Convention and Visitors Bureau - Quarterly Report: Sue Czeshinski, Dubuque Area Chamber of
Commerce Convention and Visitors Bureau, presented a quarterly report. Upon motion this report
was received and filed.
Arbor Estates - Final Plat: City Manager recommending approval of the final plat of the second
phase of Arbor Estates and a Resolution Adopting final plat of Lots 12 thru 19, inclusive, of Block
5, Lots 1 thru 10, inclusive of Block 6, Lots 3 thru 5, inclusive, Block 7, Lot 1 of Block 8, Lot 1 of
Block 9, and Lots H thru N, inclusive, all of Arbor Estates in the City of Dubuque, Iowa, upon
motion tabled to the 5/3/04 Council Meeting.
Lower Main L.L.C. Tax Increment Financing Agreement: City Manager recommending approval
of a Development Agreement between the City of Dubuque and Lower Main Development, L.L.C.,
the developer of the former Weber Paper Company building at 137 Main Street and two adjacent
parking lots, and authorization of tax increment financing of $150,000, upon motion received and
filed. Cline moved adoption of Resolution No. 173-04 Authorizing the execution of a Development
Agreement with Lower Main Development, L.L.C. Seconded by Connors. Motion carried 7-0.
Library Ordinance Amendment: City Manager recommending approval of an amendment to the
Library ordinance allowing the Library Director to handle personnel matters for librarian assistants
or employees, upon motion received and filed. Ordinance No. 28-04 Amending Section 30-
54(a)(4) of the City of Dubuque Code of Ordinances providing for the removal of the Librarian by
the Library Board of Trustees, 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 7-0.
Extension of Benefits for Voluntary Annexation: City Manager recommending approval of the
extension of all benefits of the annexation agreement to all property owners, including the non-
consenting property owners, in the annexation area, upon motion received and filed. Cline moved
adoption of Resolution No. 174-04 Extending all benefits for annexation of territory on the west
side of Dubuque to all property owners, including non-consenting property owners. Seconded by
Michalski. Motion carried 7-0.
Illicit Connections/Discharges to Drainage Systems: City Manager recommending approval of an
amendment to the Code of Ordinances prohibiting non-stormwater related discharges into the
City's system and the prohibition of geothermal pump-and-dump heating and cooling systems
without the written consent of the City Manager, upon motion received and filed. Ordinance No.
29-04 Amending Chapter 44 of the City of Dubuque Code of Ordinances by adding a new Article
VI. Illicit Connections and Discharges to the Stormwater Drainage System, 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
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suspended and further moved final consideration and passage of the Ordinance. Seconded by
Connors. Motion carried 7-0.
Buming of Material for Land Clearing and Agricultural Land: City Manager recommending
approval of permits that would provide for the open burning of land clearance materials and open
burning on a property that is zoned agricultural two times during the year (spring and fall), upon
motion received and filed. Ordinance No. 30-04 Amending Section 19-34 Permits Required of the
City of Dubuque Code of Ordinances by adding thereto new Subparagraph (d) Requiring a Permit
for Open Buming of Land Clearance Materials and new Subparagraph (e) Requiring a Permit for
Open Burning on Agricultural Property, 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 Connors. Motion carried 7-0.
At 7:38 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition -
Chapter 21.5(1)(j) 2003 Code of Iowa.
At 7:50 P.M. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:51 P.M.
A~çu¿/f ~
~ F. Schneider, CMC
City Clerk
1t 4/28
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