5 3 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Meeting, Special Session, May 3, 2004
Council met in Special Session at 5:00 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors,
Manager Van Milligen, Corporation Counsel Lindahl.
Absent: Michalski at roll call but entered at 5:31 P.M.
Markham, Nicholson, City
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.
Discussion ensued regarding the Bunker Hill Golf Course Renovation Project.
There being no further business, upon motion meeting adjourned at 5:47 P.M.
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Jeanne F. Schneider, CMC,
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, May 3, 2004
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 Van Milligen, Corporation Counsel 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 Msgr. Wayne Ressler, Pastor of St. Raphael's Cathedral.
Proclamations: Mental Health Month (May, 2004) received by Betty Allen; Historic Preservation
Week (May 3 - 7,2004) received by Chris Wand; Nursing Home Week (May 9 - 15, 2004) received
by Barbara Barker; and Arbor Day (May 17, 2004) received by Chris Frommelt.
CONSENT ITEMS
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 3/8; Library Board of Trustees of 3/28, upon motion received and filed.
Proof of publication of City Council Proceedings of April 5, 2004, upon motion received and filed.
Library Board of Trustees Update from Meeting of April 22, 2004, upon motion received and filed.
Dubuque Area Chamber of Commerce Convention and Visitors Bureau Quarterly Report, upon
motion received and filed.
Fiscal Year 2004 Third Quarter Report of Substance Abuse Services Center, upon motion received
and filed.
Notice of Claims/Suits: Craig W. Crist for property damage; Donna Flynn for personal injury; Donald
Kowalski for personal injury/vehicle damage; Lynne Jagielski for personal injury; Nathan McAvan for
property damage; Angela McCarthy for personal injury; Brenda Smothers 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: 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 McAvan for property damage; Brenda Smothers
for personal injury, upon motion received and filed and concurred.
Legislative Correspondence:
Communication of City Manager to area legislators urging support for SR 2291 - Rehabilitating
Abandoned Properties, upon motion received and filed.
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, upon
motion received and filed.
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, upon motion received
and filed.
Communication of City Manager to area legislators urging their support of HF 2578 which provides
funding for Community Attraction and Tourism (CAT), upon motion received and filed.
Communication of City Manager to Senator Charles Grassley and Senator Tom Harkin expressing
opposition to the Internet Tax-Non-Discrimination Act and support for the Internet Access Tax Ban
. Extension and Improvement Act as a substitute bill, upon motion received and filed.
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, upon motion received and filed and
approved recommendation.
Iowa Utilities Board: Communication from Chuck Seel, Iowa Utilities Board, regarding the Interstate
Power and Light Company electric rate increase request, upon motion received and filed.
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, upon motion received and filed. .
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, upon motion received and filed. Buol
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moved adoption of Resolution No. 175-04 Accepting improvement and Resolution No. 176-04
Approving final contract amount. Seconded by Cline. Motion carried 7-0.
The following item was removed from the Agenda - 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), and a Resolution
Approving the Iowa Department of Transportation Supplemental Agreement for preliminary design of
Iowa Highway 32 (Southwest Arterial).
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, upon motion received and filed. Buol moved adoption of Resolution No. 178-04
Approving Supplemental Agreement No.2 between the City of Dubuque and the Howard R. Green
Company for the University Avenue Project (STP-U-21 00(623) - 70-31). Seconded by Cline. Motion
carried 7-0.
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, upon motion received and filed. Buol
moved adoption of Resolution No. 179-04 Accepting a conveyance of property, a part of Lot 2 of 1 of
the subdivision of Lots 138, 140 and 142 of L.H. Langworthy's Addition in the City of Dubuque,
Dubuque County, Iowa, more particularly described in Exhibit A, to the City of Dubuque. Seconded
by Cline. Motion carried 7-0.
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,
upon motion received and filed. Buol moved adoption of Resolution No. 180-04 Establishing the use
of compensation estimates for the acquisition of temporary construction easements owned by
Thomas T. and Lee Ann Frost, Best Car Washes, L TD (owner), University Carwash Inc. (tenant), and
James E. and Linda Stark (owners), Colonial Terrace Animal Hospital, P.C. (lessee). Seconded by
Cline. Motion carried 7-0.
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 Streetto US 20 at the
entrance to Theisen's and a Resolution Establishing fair market value for the acquisition of certain
real property owned by James E. Newman in the City of Dubuque, Iowa for the University Avenue
extension project, upon motion received and filed and referred to the City Manager. Eunice Newman
spoke in opposition and challenged the necessity of the acquisition.
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, upon motion received and filed and approved reèommendation.
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, upon motion received and filed and approved recommendation.
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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, upon motion received and filed and approved recommendation.
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, upon motion received and filed and approved recommendation.
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, upon motion received and filed and approved
recommendation.
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 for the Dubuque Technology Park at a cost of $14,647, upon
motion received and filed. Buol moved adoption of Resolution No. 181-04 Approving the purchase
of Lot F of Dubuque Technology Park. Seconded by Cline. Motion carried 7-0.
Quarterly Investment Report: City Manager transmitting the March 31, 2004 Quarterly Investment
Report, upon motion received and filed.
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) of the plan, upon motion received and filed.
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, upon motion
received and filed and approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 182-04 Granting the issuance of a
Class "C" Beer Permit to Lien Oriental American Food Store and Beecher Beverage and Resolution
No. 183-04 Granting the issuance of a Class "A" (Club) Liquor License to Dubuque Moose Lodge;
Class "C" Beer/Liquor License to Dempsey's/Molly'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. Seconded by Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
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, upon
motion received and filed. Cline moved adoption of Resolution No. 184-04 Of intent to dispose of
City interest in Lot 1-3 of Grommersch Place, Dubuque, Iowa and set this for public hearing on
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. Seconded by Nicholson. Motion carried 7-0.
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, and
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portions of Cornell Street and Pickett Street, upon motion received and filed. Cline moved adoption of
Resolution No. 185-04 Settinð! a public hearing on establishing a Residential Parking Permit District
on West 15th Street, West 16 Street, and portions of Cornell Street, and Pickett Street and set this
for public hearing on 5/17/04 at a meeting to commence at 6:30 P.M. in the public library auditorium
and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
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, L.LC.'s
redevelopment of the former Weber Paper Company Building, upon motion received and filed. Cline
moved adoption of Resolution No. 186-04 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 and set this public hearing date for 5/17/04 at a
meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish
notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0.
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, upon motion received and filed. Cline moved adoption of
Resolution No. 187-04 Adopting preliminary plans and specifications; Resolution No. 188-04
Setting date of hearing on plans and specifications with said date of public hearing being 6/7/04 at a
meeting to commence at 6:30 P.M. and direct the City Clerk to publish notice in the manner
prescribed by law and Resolution No. 189-04 Ordering bids. Seconded by Nicholson. Motion
carried 7-0.
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, upon motion received and filed. Cline moved adoption of
Resolution No. 190-04 Adopting preliminary plans and specifications; Resolution No. 191-04
Setting date of hearing on plans and specifications for 6/7/04 at a meeting to commence at 6:30 P.M.
in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by
law and Resolution No. 192-04 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Commission: Civil Service Commission (One 4-Year Term to Expire
4/6/08 - Mayor Appointment) Applicant: Dick Wertzberger. Upon motion Council concurred with
Mayor's reappointment of Dick Wertzberger to the Civil Service Commission for a four year term
which will expire 4/6/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
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 Manager recommending approval, presented and read.
Rick Mihm and Mary Moody of the Catholic Worker House voiced opposition to this lease. David
Stewart, 1492 Locust, requested another public hearing when plans are more set stating that the
Historic Preservation Commission and neighborhood organizations need to look at it.
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Jim Schneider spoke and requested approval of the lease agreement and stated this is subject to
Historic Preservation Commission and Engineering approval.
Upon motion, the lease agreement was approved conditionally, if approved by Historic Preservation
Commission.
Right-of-Way Easement: Proof of publication on notice of 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, upon motion received and filed. Buol moved adoption of Resolution No. 193-04 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.
Seconded by Markham. Motion carried 7-0.
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, upon
motion received and filed. Cline moved adoption of Resolution No. 194-04 Amending the Fiscal
Year 2004 Budget. Seconded by Nicholson. Motion carried 7-0.
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, upon motion received and filed. Cline moved adoption of Resolution No. 195-04
Adopting plans and specifications and Resolution No. 196-04 Awarding contract. Seconded by
Nicholson. Motion carried 7-0.
Upon motion the ruÎes were reinstated limiting discussion to the Council.
ACTION ITEMS
Dubuque Humane Society: City Manager recommending that the City accept the termination notice
from the Dubuque Humane Society and pursue alternative methods of service delivery and
communication from Jennifer A. Clemens-Conlon regarding the Dubuque Humane Society Contract,
presented and read. Jane McCall, Executive Director of the Humane Society, spoke and offered
$61,000 in negotiations, not termination of the contract at the end of the contract year. Council
discussed various specifics and ramifications of this issue. Cline moved to approve the
recommendation of the City Manager and accept the termination of the Humane Society. Seconded
by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham,
Nicholson. Nays-Michalski.
Arbor Estates - Final Plat (Tabled on April 19, 2004): Upon motion the following was removed
from the table.
City Manager recommending approval of the final plat of the second phase of Arbor Estates, upon
motion received and filed.
John Kivlahan spoke requesting adoption of the final plat and requested that the name of the
extension of Bittersweet Lane be Arbor Wood Court.
Michalski moved adoption of Resolution No. 197-04 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 and that the
extension be named Bittersweet Lane. Seconded by Nicholson. Motion carried 7-0.
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UDAG Loan for Medline: City Manager recommending approval of a UDAG Loan of $62,000 to
Medline as the City's match for the company's application to the Iowa Department of Economic
Development (IDED) for an Iowa Values Fund forgivable loan to support their expansion project in
Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 198-04 Approving
a UDAG loan of sixty-two thousand dollars ($62,000) to Medline. Seconded by Connors. Motion
carried 7-0.
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, upon motion received and filed and approved
recommendation.
Five Flags Civic Center - Privatization: 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. and
proposal from SMG, presented and read.
Michalski moved to enter into a contract for private management of the Five Flags Civic Center.
Seconded by Connors. Carried by the following vote: Yeas-Buol, Connors, Duggan, Markham,
Michalski, Nicholson. Nays-Cline.
Vote on the specific management company for the Five Flags Civic Center: Buol voted for SMG;
Cline voted for SMG; Connors voted for Compass; Duggan voted for SMG; Markham voted for
SMG; Michalski voted for SMG; Nicholson voted for SMG. Buol moved that the City Manager
should negotiate a contract with SMG. Seconded by Nicholson. Motion carried 7-0.
At 8:52 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. Seconded by Michalski. Motion
carried 7-0.
At 9:18 P.M. Council reconvened stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 9:19 P.M.
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Jeanne F. Schneider, CMC
City Clerk
1t5/12
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