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CITY COUNCIL SPECIAL SESSION, MAY 3, 2004
COUNCIL MET IN SPECIAL SESSION AT 5:00 P.M. IN THE LIBRARY AUDITORIUM
. PRESE~T: MAYOR ~GAN. COUNCIL MEMBERS stoL, C~. CO~RS,
MARKjlAM, MIC~ALSKI, NIC~LSON /
CITY MANAGER v.,I MILUGEN; CORPORATION COUNSEy(INDAHL
ABSENT:
Mayor Duggan read the call and stated this is a special session of the City Council
called for the purpose of discussing the Bunker Hill Golf Course Renovation project.
Motion to adjourn at
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. CITY COUNCIL REGULAR SESSION, MAY 3, 2004
COUNCIL MET IN RE.GU~R SESSION AT 6:30 P.M. IN JHE UBiRY AUo/TORIUM
PRESE~ MA YORPUGGA., AN, CÇJÜNCIL MEMBERS B&::IOL, CuNE, CON,(ORS,
MARKH)'M, MICHfLSKI~NICHØLSON /
CITY MANAGER VA~;LUGEN; CORPORATION COUNSEli'UNDAHL
ABSENT:
Mayor Duggan read the call and stated this is a~1 session of the City Council
called for the purpose of discussing such matters Which may properly come before the
City Council.
INVOCATION: Msgr. Wayne Ressler, Pastor of St. Raphael's Cathedral
PROCLAMATIONS
Mental HeaHh -¿¥~ø'v/
. Historic Preservation Week ~-Á-)~ ///J
Nursing Home Week -:Ø~L/L£V"--;::? ~.L~)
Arbor Day t? 4/~ ~Pn.æ" ;t/
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CONSENT ITEMS
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1.
Minutes and Reports Submitted
Airport Commission of 4/8; Cable TV Teleprogramming Commission of 4/6; City Council
of 4/19; Historic Preservation Commission of 4/15; Housing Code Appeals Board of
3/16; Housing Commission of 3/23; Housing Commission Trust Fund of 4/2; Human
Rights Commission of 318; Library Board of Trustees of 3/28
Proof of publication of City Council Proceedings of April 5, 2004
Library Board ofTrustees Update from Meeting of April 22, 2004
Dubuque Area Chamber of Commerce Convention and VISitors Bureau Quarterly
Report
Fiscal Year 2004 Third Quarter Report of Substance Abuse Services Center
Suggested Disposition: Receive and File
2.
Notice of Claims/Suits
Craig W. Crist for property damage; Donna Flynn for personal injury; Donald Kowalski
for personal injurylvehicle damage; Lynne Jagielski for personal injury; Nathan MeAvan
for property damage; Angela McCarthy for personal injury; Brenda Smothers for
personal injury
Suggested Disposition: Receive and File; Refer to Legal for InvestigationlReport
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:
Steve and Kathy Cornelius for property damage; Craig W. Crist for property damage;
Donna Flynn for personal injury; Donald Kowalski for personal injury/vehicle damage;
Nathan MeAvan for property damage; Brenda Smothers for personal injury
Suggested Disposition: Receive and File; Concur
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3.
Legislative Correspondence
Communication of City Manager to area legislators urging support for SR 2291 -
Rehabirltating Abandoned Properties.
Communication of City Manager to area legislators urging their opposition to any efforts
to approve SJR 2010 which imposes a constitutional amendment requiring voter
approval of tax increases.
Communication of City Manager to area legislators encouraging them to vote no for a
House amendment to HF 2574, a Department of Revenue technical correction bill.
Communication of City Manager to area legislators urging their support of HF 2578
which provides funding for Community Attraction and Tourism (CAT).
Communication of City Manager to Senator Charles Grassley and Senator Tom Harkin
expressing opposition to the Internet T ax-Non-Discrimination Act and support for the
Internet Access Tax Ban Extension and Improvement Act as a substitute bill.
4.
Suggested Disposition: Receive and File
Collective Bargaining Agreement Between City and Teamster's Local #421
City Manager recommending approval of an amendment to the collective bargaining
agreement between the City of Dubuque and the Teamster's Union, Local #421 to
provide for a work week that consists of ten hours per day and four days per week for
Airport Maintenanceworkers.
5.
Suggested Disposition: Receive and File; Approve
Iowa Utilities Board
Communication from Chuck Seel, Iowa Utilities Board, regarding the Interstate Power
and Light Company electric rate increase requested.
Suggested Disposition: Receive and File
Ayes
Nays
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Duggan
Markham
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6.
United States Environmental Protection Agency
Communication from the United States Environmental Protection Agency
acknowledging receipt of materials from the City to fulfill a requirement under the Public
Health Security and Bioterrorism Preparedness and Response Act of 2002.
Suggested Disposition: Receive and File
7.
Chemical Compound Building Renovation Project
City Manager recommending acceptance of the Chemical Compound Building
Renovation Project at the Eagle Point Water Plant as completed by Kluck Construction
in the final contract amount of $35,848.36.
RESOLUTION /.¿5 - 0 ~ Accepting improvement
RESOLUTION / 7?- ~ tJ y' Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
8.
Southwest Arterial Supplemental Agreement
City Manager recommending approval of a Supplemental Agreement with the Iowa
Department of Transportation for the preliminary design of Iowa Highway 32 (Southwest
Arterial).
0/ Approving the Iowa Department of Transportation
preliminary design of Iowa Highway 32 (Southwest
RESOLUTION
Supplemental Agree
Arterial)
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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Howard R. Green Supplemental Agreement No.2
City Manager recommending approval of Supplemental Agreement No. Two between
the City and Howard R. Green for the University Avenue Extension Project.
RESOLUTION ./?1/ - {'J ~ Approving Supplemental Agreement No.2 between the
City of Dubuque and the Howard R. Green Company for the University Avenue Project
(STP-U-2100(623) - 70-31)
Suggested Disposition: Receive and File; Adopt Resolution
Klingenberg Terrace - Quit Claim Deed
City Manager recommending approval of the acceptance of a quit claim deed from U.S.
Bank, NA for right-of-way on Klingenberg Terrace for property the City purchased in
1999 for construction of a retaining wall.
RESOLUTION /1-'1" (J &j Accepting a conveyance of property, a part of Lot 2
of 1 of the subdivisi6n "of Lots 138, 140 and 142 of LH. Langworthy's Addition in the
City of Dubuque, Dubuque County, Iowa, more particularly described in Exhibit A, to the
City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Compensation Estimates - US Highway 20
City Manager recommending approval of the use of Compensation Estimates for three
parcels of property needed as temporary construction easements for the realignment of
University Avenue from Ethel Street to US 20 at the entrance to Theisen's.
RESOLUTION /ø - ¿J~ Establishing the use of compensation estimates for the
acquisition of temporary construction easements owned by Thomas T. and Lee Ann
Frost, Best Car Washes, LTD (owner), University Carwash Inc. (tenant), and James E.
and Linda Stark (owners), Colonial Terrace Animal Hospital, P.C. (lessee)
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Nays
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Establishment of Fair Market Value - Eunice and James Newman
City Manager recommending approval of the establishment of the fair market value of
the Eunice and James Newman property needed for right-of-way for the realignment of
University Avenue from Ethel Street to US 20 at the entrance to Theisen's.
RESOLUTION X Establishing fair market value for the acquisition of certain
real property owned bý James E. Newman in the City of Dubuque, Iowa for the University
Avenue extension project
Suggested Disposition: Receive and File; Adopt Resolution
1042 Main Street- Demolition Request
Historic Preservation Commission recommending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolition of a structure at 1042 Main Street.
Suggested Disposition: Receive and File; Approve
1066 Main Street- Demolition Request
Historic Preservation Commission recommending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolition of a structure at 1066 Main Street.
Suggested Disposition: Receive and File; Approve
1086 Main Street- Demolition Request
Historic Preservation Commission recommending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolition of a structure at 1086 Main Street.
Suggested Disposition: Receive and File; Approve
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Nays
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Dubuque Museum of Art
City Manager recommending approval of a request from the Dubuque Museum of Art
(DuMA) to defer payments on their $300,000 Downtown Rehabilitation Loan until July 1,
2006 and accept the Personal Guaranty from Charles E. Stoltz as collateral for the
deferred payments.
Suggested Disposition: Receive and File; Approve
Dubuque Industrial Center West - 3rd Addition
City Manager recommending approval of the issuance of a Request for Proposal (RFP)
for the selection of a consultant to do the design of the next phase of the Dubuque
Industrial Center West.
Suggested Disposition: Receive and File; Approve
Purchase of Iowa Department of Transportation Right-of-Way
City Manager recommending approval of the purchase of 58,588 square feet of property
from the Iowa Department of Transportation for placement of a sign för the Dubuque
Technology Park at a cost of $14,647.
RESOLUTION /!f7 - {7 ¥ Approving the purchase of Lot F of Dubuque
Technology Park
Suggested Disposition: Receive and File; Adopt Resolution
Quarterly Investment Report
City Manager transmitting the March 31, 2004 Quarterly Investment Report.
Suggested Disposition: Receive and File
Ayes
Nays
Buol
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Duggan
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u.s. Department of Homeland Security
Communication from the U.S. Department of Homeland Security/United States Coast
Guard advising that the facility security plan for Rivers Edge Plaza does not meet the
requirements of Title 33 Code of Federal Regulations and providing a summary of the
insufficient or missing element(s) ofthe plan.
Suggested Disposition: Receive and File
Arboretum Drive - Parking
City Manager recommending denial of the request for no parking on the south side of
Arboretum Drive as Jack Frick. Board President of the Dubuque Arboretum and
Botanical Gardens, has withdrawn his original petition and his modified petition.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION /!?P-t1¿¡/ Granting the issuance of a Class "C" Beer Permit to Lien
Oriental American Food Store and Beecher Beverage
RESOLUTION /2?1- t9-Ý Granting the issuance of a Class "A" (Club) Liquor
License to Dubuque Moose Lodge; Class "C" BeerlLiquor License to Dempsey'slMolly's
Pub; Charhouse Restaurant; Breaktime Bar and Grill; Central Tap; Denny's Lux Club;
Shot Tower Inn; Olive Garden; Sublime; Lot One LLC; and Class "B" Wine Permit to
Beecher Beverage
Suggested Disposition: Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
Sale of Park Property - May 17, 2004
Residential Parking Permit District- May 17, 2004
Tax Increment Revenue Bonds - Lower Main Development, L.L.C. - May 17, 2004
Eagle Point Water Plant Elevator Replacement Project - June 7, 2004
Roosevelt Road Phase II Water Main Extension Project - June 7, 2004
Sale of Park Property
City Manager recommending that a public hearing be set for May 17, 2004 to consider a
request from Jeffrey and Julie Ann Chase to purchase a portion of Gay Park.
RESOLUTION /¿;-q"/t/:V' Of intent to dispose of City interest in Lot 1-3 of
Grommersch Place, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/17/04
2.
Residential Parking Permit District
City Manager recommending that a public hearing be set for May 17, 2004 to consider a
request from residents on West 11th Street, West 16th Street, Cornell Street and Picket
Street.
RESOLUTION /f?;? / ¿7 ~ Setting a public hearing on establishing a Residential
Parking Permit District on West 15th Street, West 16th Street, Cornell Street, and Picket
Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/17104
AY. es Nays
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3.
Tax Increment Revenue Bonds - Lower Main Development, LLC.
City Manager recommending that a public hearing be set for May 17, 2004 to consider
the issuance of not to exceed $185,000 in urban renewal tax increment revenue bonds
to support Lower Main Development, LLC.'s redevelopment of the former Weber
Paper Company Building.
RESOLUTION ./ &b ~ él 1./ Fixing date for a meeting on the proposition of the
issuance of not to exceed $185,000 urban renewal tax increment revenue notes of
Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
4.
Eagle Point Water Plant Elevator Replacement Project
City Manager recommending initiation of the public bidding process for the Eagle Point
Water Plant Elevator Replacement Project and that a public hearing be set for June 7,
2004.
RESOLUTION /!?/ / tJ ~ Adopting preliminary plans and specifications
RESOLUTION / ff / ¿J1 c/ Setting date of hearing on plans and specifications
RESOLUTION / ¿:f'f /0 ¥ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6nlO4
5.
Roosevelt Road Phase II Water Main Extension Project
City Manager recommending initiation of the public bidding process for the Roosevelt
Road Phase II Water Main Extension Project and that a public hearing be set for June
7, 2004.
RESOLUTION /'f?'c:J - ¿l L/'
RESOLUTION /' 1:/ ~ ¿J' ¥
RESOLUTION / Y ¿?1 ~ ð ý'
Adopting preliminary plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6nJ04
Ayes
Nays
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Connors
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Michalski
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BOARDS/COMMISSIONS
Appointments to the following Commission:
Civil Service Commission (One 4-Year Term to Expire 4/6/08 - Mayor Appointment)
Applicants: Dick Wertzberger
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PUBLIC HEARINGS
SUSPEND THE RULES
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Lease Agreement with Hoffmann Schneider Funeral Home / .
Proof of publication on notice of hearing to consider a lease agreement with Hoffmann
Schneider Funeral Home for a section of Jackson Park and City Man age¿.
recommending approval. ,
Suggested DiSPOS. itio ~n:. Re eive and~ File; Approve .. .. I IJ.. ~
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Right-of-Way Easement
Proof of publication on notice 9f hearing 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 Farms, LLC and City Manager
recommending approval.
RESOLUTION /Y-J -¿;l / Disposing of interest and vacating 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
Suggested Disposition: Receive and File; Adopt Resolution
Ave¡s:) Nays
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Fiscal Year 2004 Budget Amendment
Proof of publication on notice of hearing to consider the fourth amendment to the Fiscal
Year 2004 budget and City Manager recommending approval.
RESOLUTION / 'f' -'Y ~ {J ~ Amending the Fiscal Year 2004 Budget
Suggested Disposition: Receive and File; Adopt Resolution
yes Nays
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2004 Curb Ramp Installation - CDBG Project No.1
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the 2004 Curb Ramp Installation - CDBG Project No.1 and City
Manager recommending award of the contract to Kluck Construction in the amount of
$29,550.
RESOLUTION / 1'6 -tJ z/ Adopting plans and specifications
RESOLUTION /'76 / {J ~ Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
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REINSTATE THE RULES
Aye~!.. Nays
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1. Dubuque H ACTION ITEMS
City Manag u~ne Soc;u,¡, ¡;
D .neoom -ð"
ubuque Humane S m:nding that the City 1 J
oclety and u accept the'
Commoo..r p "'"0 .-.ro"" m Ie"","atio" "oIiĆ
Society Cont~nctfmm .Ie"",", A CI eIhod$ of oe- d':'rom ""
. . e~..c""~ ven¡.
Suggeste n regarding the D
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on. Rec ive umane
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Arbor Estates - Final Plat (Tabled on April 19, 2004)
City Manager recommending approval of the final plat of the second phase of Arbor
Estates.
RESOLUTION /f'?~Cl ~ Adopting final plat ofLots 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
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution
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UDAG L'an'f~r Medline ~/// ~ ~ {(V~
City Manager recommending approval of a UDAG Loan of $62,OÕO1o Medline as the
City's match for the company's application to the Iowa Department of Economic
Development (IDEO) for an Iowa Values Fund forgivable loan to support their expansion II
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RESOLUTION / j?Ç' - Cl;/'" Approving a UDAG loan of sixty-two thousand dollars l'
($62,000) to Medline
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Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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4.
Port of Dubuque Passenger Boarding Facility
City Manager recommending that the City abandon current plans to build a stand-alone
transit passenger boarding facility in the Port of Dubuque; that a portion of local
matching funds from an existing CIP be used to leverage a grant from the State of Iowa
to expand the existing waiting area at the KeyLine Transit Office; and that the remaining
funds in the CIP be redirected to the additional costs anticipated in the new garage
project on Kerper Court and improvements to the bus shelter system.
Suggested Disposition: Receive and File; Approve
A!J') Nays
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Five Flags Civic Center - Privatization 1 ,)
City Manager recommending authorization to negotiate a fIVe year Management
Agreement with Compass Facility Management, Inc. to manage the Five Flags Center
beginning July 1, 2004.
Communication regarding IPERS coverage for Five Flags Civic Center employees.
Communication and proposal from Compass Facility Management, Inc.
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Proposal from SMG.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concem to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because ofthe notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2003 Code of Iowa
Motion to go into Closed Session at
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Motion to adjoum at
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CLAY COUNTY REGIONAL EVENT CENTER (Spencer)
. Smallest building market Compass manages
. Compass has been involved during the planning, construction, and now operation -
over two years.
. Compass has done an outstanding job getting them organized and up and operating
. All are Compass employees - General Manager, Event Coordinator, and Business
Manager, plus 3/4 time custodian
. They have a third party caterer.
. Building operation is just starting - pleased so far.