6 7 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, June 7, 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 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 Doctor Katherine Achtemeier, Pastor, First Presbyterian Church.
Proclamations: Rising Stars Independent League Days (June 12 and 13,2004).
CONSENT ITEMS
Minutes and Reports Submitted: Cable TV Regulatory Commission of 5/12; Cable TV
Teleprogramming Commission of 5/4; City Council of 5/17 and 6/1; Civil Service Commission of 3/4;
Community Development Advisory Commission of 5/12; Environmental Stewardship Advisory
Commission of 5/4; Five Flags Commission of 3/15; Housing Code Appeals Board of 4/20; Housing
Commission of 4/27; Long Range Planning Commission of 5/19; Park and Recreation Commission of
5/11; Zoning Advisory Commission of 4/7, upon motion received and filed.
Proof of publication of City Council Proceedings of 5/3, upon motion received and filed.
Printed Council Proceedings for February, 2004, upon motion received and filed and approved as
printed.
City of Dubuque Financial Reports for month ending April 30, 2004, upon motion received and filed.
Notice of Claims/Suits: Sandra G. Adams for personal injury; William Felderman for property damage;
Patrick Heiderscheit for spousal consortium loss; Dale Hefel for property damage; Charles N. and/or
Vonda L. Hosch for vehicle damage; Kennedy Mall for property damage; Jodi McDonell for vehicle
damage, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Patrick Heiderscheit for spousal
consortium loss; Charles Nand/or Vonda L. Hosch for vehicle damage; Kennedy Mall for property
damage, upon motion received and filed and concurred.
Corporation Counsel recommending that the claim of Dan Galle for vehicle damage be denied, upon
motion received and filed and concurred.
Citizen Communications:
Communication of Steven Boge, Kane Development Corporation, requesting City acceptance of the
public utility improvements in Pine Knoll Subdivision, upon motion received and filed and referred to the
City Manager.
Request of THE CU LINK, Inc., to purchase a portion of City-owned property in Associates Park, upon
motion received and filed and referred to the City Manager.
Communication of Timothy J. Quagliano, QHQ Properties, requesting acceptance of all public
improvements completed in Holliday Drive First Addition, upon motion received and filed and referred to
the City Manager.
Visiting Nurse Association: Communication from Nan Colin, Director of the Visiting Nurse Association,
expressing appreciation to the City for approval of the Fiscal Year 2005 Community Partnership Grant
for the VNA Elderly Home-Based Oral Health Program, upon motion received and filed.
Montgomery Watson Harza/Thiele Geotech, Inc. Monitoring Well Installations: City Manager
recommending approval of a License Agreement Right-of-Way for Site Assessment for Montgomery
Watson Harza (MWH) and Thiele Geotech, Inc. to install monitoring wells within the City right-of-way at
the area surrounding the former Eagle Window facility at 375 East 9th Street, upon motion received and
filed. Buol moved adoption of Resolution No. 224-04 Authorizing license agreement between the City
of Dubuque and Thiele Geotech, Inc., to install monitoring wells on public right-of-way surrounding the
former Eagle Window site at 375 East 9th Street. Seconded by Markham. Motion carried 7-0.
Heritage Trail Extension Project: City Manager recommending accepting of the Heritage Trail
Extension Project as completed by Tschiggfrie Excavating, Inc., in the final contract amount of
$522,830.31, upon motion received and filed. Buol moved adoption of Resolution No. 225-04
Accepting improvement and Resolution No. 226-04 Approving final estimate. Seconded by Markham.
Motion carried 7-0.
Holliday 3rd Addition - Detention Basin Requirements: City Manager recommending approval of a
service agreement with QHQ Properties whereby the City will provide detention basin services for a fee
in the amount of $62,250, upon motion received and filed and approved recommendation.
Fiscal Year 2005 Wage Plan and Compensation Package for Non-Bargaining Unit Employees: City
Manager recommending approval of the Wage Plan and Compensation Package for Non-Bargaining
Unit Employees for Fiscal Year 2005, upon motion received and filed. Buol moved adoption of
Resolution No. 227-04 Approving the Wage Plan and Compensation Package for Non-Bargaining Unit
Employees for Fiscal Year 2005. Seconded by Markham. Motion carried 7-0.
Civil Service Commission: Civil Service Commission submitting the certified list for the position of
Public Safety Dispatcher, upon motion received and filed and made a matter of record.
Legislative Correspondence: Communications from Senator Tom Harkin regarding the Internet Tax
Freedom Act, upon motion received and filed.
Jackson Park - Hoffmann Schneider Funeral Home Lease Agreement: Communication from David L.
Hammer and Angela C. Simon regarding the lease for a portion of Jackson Park; City Manager
recommending approval of the termination of the lease agreement with Hoffmann Schneider Funeral
Home for a section of Jackson Park at the request of Jim Schneider, upon motion received and filed
and approved termination of lease.
Concrete Repair Project on Kerper Boulevard and North Grandview: City Manager recommending
acceptance of the Concrete Repair Project on Kerper Boulevard and North Grandview as completed by
Drew Cook and Sons Excavating Company, Inc., in the final contract amount of $111,855.64, upon
motion received and filed. Buol moved adoption of Resolution No. 228-04 Accepting improvement and
Resolution No. 229-04 Approving final estimate. Seconded by Markham. Motion carried 7-0.
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Eastern Iowa Clan Lab Task Force - 28E Agreement: City Manager recommending approval of the
Police Department entering into a 28E Agreement with the newly formed Eastern Iowa Clan Lab Task
Force, upon motion received and filed and approved recommendation.
Iowa Department of Natural Resources: Communication from the Iowa Department of Natural
Resources regarding the recent inspection of the Dubuque Regional Airport Wastewater Treatment
Facility, upon motion received and filed and referred to the City Manager.
Dubuque Community School District: Communication from the Dubuque Community School District
requesting that the City share in the cost of intersection improvements associated with the new Middle
School at Radford Road/Radford Court and City Manager recommending approval to do the design and
inspection work of intersection improvements associated with the new Middle School in partnership with
the School District, upon motion received and filed and approved recommendation.
Proposed Downtown Elementary School Traffic Study: Communication from the Dubuque Community
School District requesting that the City vacate 1 ih Street between Central Avenue and White Street and
the alleys between 11 th Street and 13th Street between Central Avenue and White Street and City
Manager recommending that the Dubuque Community School District be asked for a Traffic Study prior
to final consideration of this request, upon motion received and filed and approved recommendation.
City of Dubuque's Non-Discrimination Policy: Communication from the leadership team of the Sisters
of St. Francis of Dubuque encouraging the City Council to take positive action on the request of the
Dubuque Human Rights Commission to include sexual orientation as a protected class in the City's non-
discrimination policy, upon motion received and filed.
Busted Lift Outdoor Service Agreement: City Manager recommending approval of a Lease Agreement
between the City of Dubuque and John Finn for the use of public right of way for outdoor service at the
Busted Lift, upon motion received and filed and approved recommendation.
Proposed Shelter, Bench and Sign Design for Trolley Stops: Historic Preservation Commission
recommending approval of the City of Dubuque Transit Division's proposed design of shelters, benches
and signs for trolley stops, upon motion received and filed and approved recommendation.
Historic Bluffs Neighborhood Association: Historic Preservation Commission recommending approval
of a request from the Historic Bluffs Neighborhood Association/City of Dubuque to replace benches and
waste receptacles and to repaint light poles in Avon Park, upon motion received and filed and approved
recommendation.
Grandview Avenue Parkway Demolition District: Communication from Chris Wand, Chairperson of the
Historic Preservation Commission, regarding the Grandview Avenue Parkway Demolition District, upon
motion received and filed.
City Development Board: City Manager recommending approval of a resolution in support of the City
Development Board's conditional approval of the City's voluntary annexation request for approximately
704.5 acres and support to sever six parcels of land from Dubuque to Asbury, upon motion received
and filed. Buol moved adoption of Resolution No. 230-04 In support of City Development Board's
Conditional Approval of Voluntary Annexation of Territory to Dubuque. Seconded by Markham. Motion
carried 7-0.
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National League of Cities: Communication from the National League of Cities congratulating the City
of Dubuque on the inclusion of the America's River project in the National League of Cities' Examples of
Programs for Cities database, upon motion received and filed.
Parking Ramp Structural Analysis Contract: City Manager recommending approval of a contract with
Desmond Associates for the Iowa and Locust Street Parking Ramp Structural Analysis in the amount of
$18,300, upon motion received and filed. Buol moved adoption of Resolution No. 231-04 Approving
contract with Desmond Associates for a structural analysis of the Iowa and Locust Street Parking
Ramps. Seconded by Markham. Motion carried 7-0.
Library Emergency Back-Up Lighting System: City Manager advising of the emergency
repair/replacement of the Library back-up lighting system, upon motion received and filed and approved
emergency repair.
Family Self-Sufficiency and Homeownership Program Coordinators: City Manager recommending
approval of an application to the US Department of Housing and Urban Development (HUD) for funds to
renew the current Family Self-Sufficiency Program Coordinator position, upon motion received and filed
and approved recommendation.
Oak Park Place - Final Plat: City Manager recommending approval of the final plat of Oak Park Place,
as requested by Oak Park Place of Dubuque, LLC, upon motion received and filed. Buol moved
. adoption of Resolution No. 232-04 Approving final plat of Oak Park Place in the City of Dubuque, Iowa.
Seconded by Markham. Motion carried 7-0.
Liquor License Transfer: Dubuque County Historical Society requesting to transfer their liquor license
to the Ham House on July 4, 2004, upon motion received and filed and approved transfer request.
Business License Refund: Request of Raymond Sanders, Sugar Ray's BBQ, for a refund of his beer
and liquor combination license in the amount of $168.75, upon motion received and filed and approved
refund.
Business Licenses: Buol moved adoption of Resolution No. 233-04 Granting the issuance of 52
Renewals to sell Cigarettes and Cigarette Papers with the City of Dubuque; Resolution No. 234-04
Granting the issuance of a Class "B" Beer (5 Day Special Event) to Dubuque Jaycees (Tents A, Band
C); and Class "C" Beer Permit to Hy-Vee and Resolution No. 235-04 Granting the issuance of a Class
"C" Beer/Liquor License to Dubuque Bowling Lanes, Dip Tap, Jym's Bar and Creslanes Bowling; Class
"B" Wine to Hy-Vee Food Store #1 and Ooh La La; and Class "B" Native Wine to River City Gift Shop.
Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Alley Vacating Petition: City Manager recommending that a public hearing be set for June 21, 2004 to
consider a request from Randy E. and Pamela J. Davis, Benjamin J. Mueller and Margaret M. Mueller to
vacate the alley between 825 and 855 Salem Street from Roosevelt to Salem, upon motion received
and filed. Cline moved adoption of Resolution No. 236-04 Of intent to dispose of City interest in Lot
179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque, Dubuque, Iowa and set this for
public hearing on 6/21/04 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.
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Mediacom Franchise Extension: City Manager recommending that a public hearing be set for June
21, 2004 to consider an additional short-term extension through December 31, 2004 of the existing
Mediacom cable franchise and side agreements under the terms currently in effect, upon motion
received and filed. Cline moved adoption of Resolution No. 237-04 of Intent to grant a short-term
extension of an existing cable services franchise and an existing hub site lease to MCClowa L.L.C. and
set this for public hearing on 6/21/04 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.
Petition for Landmark Status - 1339 Alta Vista: Historic Preservation Commission requesting that the
petition for landmark status for property located at 1339 Alta Vista be set for a public hearing on August
2, 2004 and that the proposed ordinance and supporting documentation be forwarded to the State
Historic Preservation Office and Long Range Planning Advisory Commission recommending denial of
the request of David Moessner and Jeanne Stevenson-Moessner to have their property located at 1339
Alta Vista designated as a City (local) Landmark, and an Ordinance Amending Chapter 25 (Historic
Preservation Ordinance) of the City of Dubuque Code of Ordinances by amending Section 25-6
Identification and Designation of Landmarks, Landmark Sites and Historic Districts to include the
structure at 1339 Alta Vista Street as a City Landmark, upon motion received and filed and set this for
public hearing on 8/2/04 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.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Long Range Planning Advisory Commission (Two vacancies which will expire 7/1/07); Applicant:
Charles Winterwood. No one spoke.
Park and Recreation Commission (Three vacancies which will expire 6/30/07 - Terms of Lyness,
Harjehausen, Hoffmann); Applicants: Gary L. Harjehausen, Paul F. Hoffmann, Karen Lyness, Evelyn
Nadeau. Ms. Nadeau spoke requesting consideration for appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
University of Dubuque - Request to Amend Institutional District: Proof of publication on notice of
hearing to consider a request from the University of Dubuque to amend the Institutional District to allow
a new parking lot on the campus and rezoning property from R-1 Single-Family Residential District to ID
Institutional District and Zoning Advisory Commission recommending approval, upon motion received
and filed.
Tracey Wagner and Alan Burr of the University of Dubuque spoke requesting approval of the
Ordinance.
Ordinance No. 36-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by providing for the amendment of Ordinances 48-02 and 84-02, which adopted regulations
for the University of Dubuque ID Institutional District and approving an amended Conceptual
Development Plan for the University of Dubuque ID Institutional District, 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 7-0.
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Dubuque Racing Association Lease Agreement: Proof of publication on notice of hearing to consider
approval of a lease agreement between the City of Dubuque and the Dubuque Racing Association for
operation of the Dubuque Greyhound Park and Casino, upon motion received and filed.
Bruce Wentworth, General Manager of Dubuque Greyhound Park, requested approval of the lease
agreement.
Cline moved adoption of Resolution No. 238-04 Disposing of interest in real property by lease with
Dubuque Racing Association, Ltd. Seconded by Nicholson. Motion carried 7-0.
Eagle Point Water Plant ADA Elevator Renovation Project: Proofs of publication on notice of hearing
and notice to bidders and City Manager recommending award of the contract for the Eagle Point Water
Plant ADA Elevator Renovation Project to Klauer Construction Company in the contract amount of
$135,991, upon motion received and filed. Cline moved adoption of Resolution No. 239-04 Adopting
plans and specifications for the project and Resolution No. 240-04 Awarding contract to Klauer
Construction Company. Seconded by Nicholson. Motion carried 7-0.
Roosevelt Road Phase II Water Main Extension Project: Proofs of publication on notice of hearing and
notice to bidders and City Manager recommending award of the contract for the Roosevelt Road Phase
II Water Main Extension projèct to McClain Excavating in the contract amount of $94,600, upon motion
received and filed. Michalski moved adoption of Resolution No. 241-04 Adopting plans and
specifications for the project and Resolution No. 242-04 Awarding contract to McClain Excavating Co.,
of Peosta, Iowa for the construction of approximately 1,950 feet of 12-inch ductile iron water main with
accessories along Roosevelt Road to the Eagle Valley Subdivision. Seconded by Connors. Motion
carried 7-0.
Police Department Remodeling Project: Proofs of publication on notice of hearing and notice to
bidders and City Manager recommending award of the contract for the Police Department Remodeling
Project to Stumpf Construction for Base Bid #1 and Alternate #1 in the contract amount of $69,827 and
to All Systems for Base Bid #2 and Altemate #2 in the contract amount of $22,699, upon motion
received and filed. Cline moved adoption of Resolution No. 243-04 Adopting plans and specifications
for the project and Resolution No. 244-04 Awarding contracts for the Police Department Remodeling
Project. Seconded by Nicholson. Motion carried 7-0.
Operations and Service Center Construction Project (Tabled 5/19/04): Upon motion the following was
removed from the table.
Proofs of publication on notice of hearing and notice to bidders and City Manager recommending
award of the contract for the Operations and Service Center Construction Project to Portzen
Construction in the contract amount of $11 ,532,831, upon motion received and filed. Markham moved
adoption of Resolution No. 245-04 Adopting plans and specifications for the project and Resolution No.
246-04 Awarding contract to Portzen Construction. Seconded by Buol. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Grand Excursion 2004: Communication from Patrick Seeb, Executive Director of Grand Excursion
2004, inviting the City of Dubuque's financial support of Grand Excursion 2004, upon motion received
and filed and approved request of $10,000. Patrick Seeb spoke clarifying the request.
Steven Drahozal and Mark Kressig - Request to Address Council: Request of Steven J. Drahozal,
3712 Pennsylvania Avenue, and Mark Kressig, 1733 Lori Street, to address the City Council regarding
emergency services within the City. Mr. Kressig spoke and stated that Dorothy Kressig fell on 5/1/04
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and called 911 and it was an hour later that the Asbury ambulance arrived. He stressed the need for a
Public Safety Commissioner position.
Upon motion this matter was received and filed and referred to the City Manager.
Darren D. White - Request to Address Council: Request of Darren D. White to address the City
Council regarding the "Safe Ride" program. Mr. White spoke clarifying this program. Upon motion this
was received and filed and referred to the City Manager.
Board of Directors - Greater Dubuque Development Corporation: Communication from Rick
Dickinson, Executive Director of the Greater Dubuque Development Corporation, requesting
appointment of Council Members to the GDDC Board of Directors (currently Council Member Dan
Nicholson and Council Member Pat Cline) and affirming that Mayor Terry Duggan, City Manager Mike
Van Milligen and Economic Development Director Bill Baum will continue to serve as provided by
GDDC's by-laws, upon motion received and filed and reaffirmed the same appointments with direction
to discuss all Council appointments at the next goal setting session.
Dubuque Humane Society Purchase of Services Agreement: City Manager recommending approval of
a five-year Purchase of Service Agreement between the City of Dubuque and the Dubuque Humane
Society in the amount of $46,400 for Fiscal Year 2005 and continuing to $112,400 for Fiscal Year 2008-
09, upon motion received and filed and approved recommendation.
Jane McCall, Executive Director of the Humane Society, spoke in support of the proposed five year
agreement.
Dubuque Racing Association Loan Documents: City Manager recommending approval of the
Dubuque Racing Association bank loan documents allowing them to borrow up to $22 million for their
renovations at Dubuque Greyhound Park & Casino, upon motion received and filed and approved
recommendation.
National Register of Historic Places: Historic Preservation Commission recommending approval of the
nomination of the Multiple Property Document entitled 'The Architectural and Historic Resources of
Dubuque, Iowa, 1833 - 1955" to the National Register of Historic Places, upon motion received and filed
and approved recommendation.
West 11th Street Historic District: Historic Preservation Commission recommending approval of the
application of the City of Dubuque for nomination of the West 11th Street Historic District to the National
Register of Historic Places, upon motion received and filed and approved recommendation.
Langworthy Historic District: Historic Preservation Commission recommending approval of the
application of the City of Dubuque for nomination of the Langworthy Historic District to the National
Register of Historic Places, upon motion received and filed and approved recommendation.
Riverwalk Sixth Addition - Final Plat: City Manager recommending approval of the final plat of Lot 1 of
Riverwalk Sixth Addition in the City of Dubuque, upon motion received and filed. Cline moved adoption
of Resolution No. 247-04 Approving final plat of Lot 1 of Riverwalk Sixth Addition in the City of Dubuque,
Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0.
Mayor Duggan turned control of the meeting to the Mayor Pro-Tem due to possible conflict of interest.
Holliday Third Addition - Final Plat: City Manager recommending approval of the final plat of Holliday
Third Addition providing for the platting of eight commercial lots along an extension of Holliday Drive,
upon motion received and filed. Cline moved adoption of Resolution No. 248-04 Approving the final plat
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of Lots 1 thru 8, inclusive, and Lot A and Lot B of Holliday 3rd Addition in the City of Dubuque, Iowa.
Seconded by Connors. Motion carried 6-0.
Mayor Duggan retumed and took control of the meeting.
Process for Establishing Demolition Districts: Historic Preservation Commission requesting Council
direction regarding the process to be used for establishing demolition districts within the City, upon
motion received and filed and referred to the City Manager and staff.
Animal Ordinance Update: City Manager recommending approval of amendments to Chapter 7,
Animals and Fowl, of the Code of Ordinances to be consistent with amendments to the Code of Iowa,
upon motion received and filed. Ordinance No. 37-04 Amending the City of Dubuque Code of
Ordinances Section 7-20 City Manager's Authority to Contract for the Collection, Protection and
Disposition of Dogs, Cats and Other Animals and Section 7-24 Disposition of Unredeemed Dogs or
Cats, 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.
Highway 61/151 Billboard: Request of David Hartig, 1255 Southern Avenue, to address the Council
regarding reconsideration of the City Council's approval on May 17, 2004 of the installation of a
billboard on Highway 61/151 and City Manager submitting additional information regarding the issue of
the billboard, upon motion received and filed. David Hartig spoke stating he had no additional
comments.
COUNCIL MEMBER REPORTS
Nicholson reported on the ribbon cutting for the directional sign at Dubuque Technology Park and
questioned whether these events could be scheduled on a non-Council meeting day. The majority of
the City Council was in favor of scheduling them just prior to the Council meetings. Michalski informed
the Council that she would be a presenter at the fall meeting of the Iowa League of Cities. Markham
reported that he had been part of a contingent of people who attended the recent Iowa Department of
Transportation meeting in Decorah to gather support for the funding of the Southwest Arterial.
City Manager Van Milligen requested Council direction on the date of the first Council meeting in July
as the Library is scheduled to be closed on Monday, July 5th due to the holiday. Corporation Counsel
was directed to provide an ordinance at the next meeting (June 21, 2004) changing the date of the
meeting to Tuesday, July 6, 2004.
PUBLIC INPUT
Richard Henkel and Sandi Williams, developers of Grandview Estates, stated that they thought their
subdivision plat was to have been on the Council agenda that evening and expressed concerns they
had with the Zoning Advisory Commission.
There being no further business, upon motion meeting adjourned at 8:12 P.M.
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City Clerk
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