8 2 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 2, 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 Father Thomas Rhomberg.
Proclamations: Responsible Gaming Education Week (August 2 - 6,2004) received by Shannon
Gaherty and Carrie Tedore and Tour de Dubuque Day (August 28,2004) received by Mike Martin
and three Freedom Rider Members.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 7/6 and 7/14; Cable TV Regulatory
Commission of 7/14; City Council of 7/19; Enterprise Zone Commission of 6/14; Housing Code
Appeals Board of 6/15 (Revised); Housing Commission of 6/22; Human Rights Commission of 6/7;
Investment Oversight Commission of 7/26; Library Board of Trustees of 6/24, upon motion
received and filed.
Quarterly Report of the Investment Oversight Commission, upon motion received and filed.
Substance Abuse Services Center Fourth Quarter Report for Fiscal Year 2004, upon motion
received and filed.
Proof of publication of City Council Proceedings of July 6,2004 (On file in the City Clerk's Office),
upon motion received and filed.
Printed Council Proceedings for May, 2004, upon motion received and filed and approved as
printed.
Notice of Claims/Suits: Jeanne Helling for personal injury; JP Cullen and Sons, Inc. for payments
due; Robert J. Lyons for vehicle damage; Qwest for property damage; Michael Rettenmeier for
property 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: Jeanne Helling for
personal injury; Robert J. Lyons for vehicle damage, upon motion received and filed and
concurred.
Corporation Counsel recommending settlement of the claim of Country Springs Condo
Homeowners Association for property damage and directing the Finance Department to issue
payment, upon motion received and filed and concurred and Finance Department to issue proper
check.
Corporation Counsel recommending denial of the claim of Henry Haas, Jr. for vehicle damage,
upon motion received and filed and concurred.
City of Asbury - Annexation Update: Communication from Richard A. Anderson, Mayor - City of
Asbury, providing an annexation update, upon motion received and filed.
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2004 Local Law Enforcement Block Grant Application: City Manager recommending approval of
the submission of the Police Department's 2004 Local Law Enforcement Block Grant application,
upon motion received and filed and approved recommendation.
Ice Harbor Pump Auxiliary Power Project: City Manager recommending acceptance of the Ice
Harbor Pump Auxiliary Power Project as completed by Portzen Construction in the final contract
amount of $69,395, upon motion received and filed. Buol moved adoption of Resolution No. 296-
04 Accepting improvement and Resolution No. 297-04 Approving final contract amount.
Seconded by Connors. Motion carried 7-0.
Fourth Zone Water Tower Construction Project: City Manager recommending acceptance of the
Fourth Zone Water Tower Construction Project as completed by Landmark Structures 1, L.P. in
the final contract amount of $1,234,770.11, upon motion received and filed. Buol moved adoption
of Resolution No. 298-04 Accepting improvement and Resolution No. 299-04 Approving final
contract amount. Seconded by Connors. Motion carried 7-0.
Workers' Compensation Excess Insurance: City Manager recommending approval of the
continuation of Safety National as the City's excess workers' compensation carrier effective July 1,
2004 and an increase of the self-insured retention to $450,000, upon motion received and filed
and approved recommendation.
Burlington Trailways Contract: City Manager recommending approval of an Independent
Commission Agency Contract between the City of Dubuque and Burlington Trailways upon
termination of the Greyhound Bus service, upon motion received and filed and approved
recommendation.
Enterprise Zone Contract for Gronen Adaptive Reuse LLLP: City Manager recommending
approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department
of Economic Development, the City of Dubuque, and Gronen Adaptive Reuse LLLP, related to the
redevelopment of properties in the 1000 block of Main Street, upon motion received and filed.
Buol moved adoption of Resolution No. 300-04 Approving a Housing Enterprise Zone Program
Agreement by and among the Iowa Department of Economic Development, the City of Dubuque,
and Gronen Adaptive Reuse, LLLP. Seconded by Connors. Motion carried 7-0.
Jackson StreetlWest Locust Street Resurfacing Project: City Manager recommending
acceptance of the Jackson StreetlWest Locust Street Resurfacing Project as completed by River
City Paving, a Division of Mathy Construction Co., in the final contract amount of $1,162,381.33,
upon motion received and filed. Buol moved adoption of Resolution No. 301-04 Accepting
improvement and Resolution No. 302-04 Approving final contract amount. Seconded by Connors.
Motion carried 7-0.
Port of Dubuque Building Demolition and Clearance Project: City Manager recommending
acceptance of the Port of Dubuque Building Demolition and Clearance Project as completed by
WC Stewart Construction Company in the final contract amount of $91,500, upon motion received
and filed. Buol moved adoption of Resolution No. 303-04 Accepting improvement and Resolution
No. 304-04 Approving final contract amount. Seconded by Connors. Motion carried 7-0.
Downtown Master Plan: City Manager transmitting the Citizen Guide for the Downtown Master
Plan, upon motion received and filed.
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Adams Street - Plat of Survey: City Manager recommending approval of the plat of survey
showing the recently-surveyed Adams Street and Bodega Street between East 5th Street and Ice
Harbor Drive (formerly East 4th Street), upon motion received and filed. Buol moved adoption of
Resolution No. 305-04 Approving Plat of Survey of Adams Street, the easterly line of Bodega
Street, the southerly line of East Fifth Street, the northerly line of Ice Harbor Drive and Lot B of Lot
11 in Industrial Subdivision No.2 all in the City of Dubuque. Seconded by Connors. Motion
carried 7-0.
Heron Pond Fishing Pier - 28E Agreement: City Manager recommending approval of an
amendment to the 28E Agreement with the Iowa Department of Natural Resources for funding for
the Heron Pond Fishing Pier Project, upon motion received and filed and approved
recommendation.
Kavanaugh Estate: City Manager recommending the City accept a $19,644.77 bequest from the
estate of Jeanette Kavanaugh and target the funds for marketing and promotion of the KeyLine
system, upon motion received and filed and approved acceptance.
Purchase of Property: City Manager recommending approval of the purchase of a residential
dwelling owned by Tim and Victoria Widmeier at 775 Gillespie Street for the planned expansion of
the West 32nd Street detention basin, upon motion received and filed. Buol moved adoption of
Resolution No. 306-04 Approving the acquisition of real estate located at 775 Gillespie Street in
the City of Dubuque. Seconded by Connors. Motion carried 7-0.
Quarterly Investment Report: City Manager submitting the June 20, 2004 Quarterly Investment
Report as prescribed within the City of Dubuque Investment Policy Section 17.0 "Reporting," upon
motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development congratulating the City on the successful completion of the Community
Economic Betterment Account (CEBA) Program with Swiss Valley Farms, upon motion received
and filed.
Business Licenses: Buol moved adoption of Resolution No. 307-04 Granting the issuance of
two renewal licenses to sell cigarettes and cigarette papers to Bricktown/Cooper Management and
Hammerheads Bar and Grill; Resolution No. 308-04 Granting the issuance of a Class "C" Beer
Permit to Sid's Beverage Store; and Resolution No. 309-04 Granting the issuance of a Class "C"
Beer/Liquor License to Clarke College and Shannon's Bar and Grill; a Special Class "C" Liquor
License to Bell Tower Productions; and a Class "B" Wine Permit to Sid's Beverage Store.
Seconded by Connors. Motion carried 7-0.
ConAgra Foods: City Manager recommending approval of a request from ConAgra Foods to
construct two storage tanks and a building to be used for the storage and transfer of liquid fertilizer
on property leased from the City of Dubuque, upon motion received and filed and recommendation
approved with the inclusion of specific language in the agreement with regards to the appearance
of the tanks.
ITEMS TO BE SET FOR PUBLIC HEARING
The following item was removed from the Agenda: Praxair Oxygen Supply Agreement: City
Manager recommending that a public hearing be set for August 16, 2004 to consider disposing of
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an interest in real property at the Water Pollution Control Plant for the installation of an oxygen
generating and liquid oxygen storage facility by Praxair, Inc; and Resolution of intent to dispose of
an interest in real property at the Water Pollution Control Plant by agreement with Praxair, Inc., a
Delaware Corporation.
Villa Street Retaining Wall 2004 Reconstruction Project - Initiate: City Manager recommending
initiation of the bidding process for the Villa Street Retaining Wall 2004 Reconstruction Project and
that a public hearing be set for September 7, 2004, upon motion received and filed. Michalski
moved adoption of Resolution No. 310-04 Preliminary approval of plans and specifications;
Resolution No. 311-04 Fixing date of hearing on plans and specifications for Tuesday, 9/7/04 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. 312-04 Ordering bids. Seconded by
Connors. Motion carried 7-0.
Port of Dubuque Storm Sewer Extension Project - Initiate: City Manager recommending
initiation of the bidding process for the Port of Dubuque Storm Sewer Extension Project and that a
public hearing be set for September 7, 2004, upon motion received and filed. Michalski moved
adoption of Resolution No. 313-04 Preliminary approval of plans and specifications; Resolution
No. 314-04 Fixing date of hearing on plans and specifications for Tuesday, 9/7/04 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. 315-04 Ordering bids. Seconded by Connors.
Motion carried 7-0.
Heron Pond Fishing Pier Construction Project: City Manager recommending initiation of the
bidding process for the Heron Pond Fishing Pier Construction Project and that a public hearing be
set for September 7, 2004, upon motion received and filed. Michalski moved adoption of
Resolution No. 316-04 Preliminary approval of plans and specifications; Resolution No. 317-04
Fixing date of hearing on plans and specifications for Tuesday, 9/7/04 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. 318-04 Ordering bids. Seconded by Connors. Motion
carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commissions:
Airport Commission (One four-year term through 9/14/08 - term of Goodmann); No one spoke.
Applicant: Teri Hawks Goodmann
Long Range Planning Advisory Commission (One vacant three-year term through 7/1/07):
Applicant: James Prochaska. No one spoke.
Appointments to the following Boards/Commissions:
Historic Preservation Commission (Old Main - One vacancy through 7/1/05; At-Large - One term
through 7/1/06); Applicants: At-Large - Mary Loney Bichell, Timothy G. Goen (Applicant
Matthew Lundh requested that his application be withdrawn) Upon vote, Mary Loney Bichell was
appointed to fill the unexpired three year At-Large term which will expire 7/1/06.
Transit Board of Trustees (One three-year term through 7/30/07): Applicant: Don Stedman
Upon motion Don Stedman was reappointed to a three year term to expire 7/30/07.
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PUBLIC HEARINGS
Petition for Landmark Status - 1339 Alta Vista: Proof of publication on notice of hearing to
consider a request from David Moessner and Jeanne Stevenson-Moessner to have their property
located at 1339 Alta Vista Street designated as a City (local) landmark; communication from the
State Historical Society of Iowa advising that the application submitted is incomplete; and Historic
Preservation Commission recommending that the public hearing be tabled and the State's of Iowa
letter referred to the Commission; 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 tabled
and referred back to the Historic Preservation Commission.
Upon motion the rules were suspended to allow anyone present to speak.
Greater Downtown Urban Renewal District Amendment: Proof of publication on notice of hearing
to consider amending the Urban Renewal Plan for the Greater Downtown Urban Renewal District
to identify the Stealth Race Car property as a possible acquisition site and City Manager
recommending approval and communication from the Long Range Planning Advisory Commission
in support of the proposed amendment to the Downtown Urban Renewal District Plan, upon
motion received and filed. Cline moved adoption of Resolution No. 319-04 Approving an
amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District.
Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Dubuque Area Chamber of Commerce Convention and Visitors Bureau: Request of Sue
Czeshinski, Director of the Convention and Visitors Bureau, to present the quarterly report of the
Dubuque Area Chamber of Commerce Convention and Visitors Bureau, upon motion received and
filed.
Bee Branch Creek Restoration Project: Communication from Charlie Winterwood, Chairman of
the Bee Branch Citizen Advisory Committee, submitting the Bee Branch Citizens Advisory
Committee recommendations, upon motion received and filed and referred to the City Manager.
Communication from College Presidents: Communication from the Presidents of the University
of Dubuque, Loras College and Clarke College requesting support of a proposed City ordinance
that would prohibit underage persons from being in a bar/tavern from 9:00 p.m. until closing time,
upon motion referred to the City Manager and the Legal Staff.
Demolition District Correspondence: Historic Preservation Commission submitting proposed
amendments to the City's Demolition District regulations and requesting City Council approval,
upon motion received and filed. Ordinance No. 57-04 Amending Chapter 11 (Building Regulations)
of the City of Dubuque Code of Ordinances regarding Demolition Districts, 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
Michalski. Motion carried 7-0.
Historic District Public Improvement Program Applications: Historic Preservation Commission
recommending approval of the funding of two previously approved projects submitted for the
Historic District Public Improvement Program (HDPIP), upon motion received and filed and
approved recommendation.
Arts and Cultural Task Force: Communication from the Arts and Cultural Task Force submitting
information on the work of the Arts and Cultural Task Force, presenting recommendations and
requesting City Council direction, upon motion received and filed and approved the first three
requests and Council direction was given that staff approach the Dubuque Racing Association for
funding through their grant program and if this was not successful, that the issue of funding be
brought back to the Council for further discussion.
Middle School Traffic Signalization: City Manager recommending approval of the Dubuque
Middle School/Radford Road Traffic Signalization project and that the City enter into a partnership
with the Dubuque Community School District, upon motion received and filed and approved
recommendation.
Citizen Participation Plan Amendment: City Manager recommending approval of an amendment
to the Citizen Participation Plan to reflect administrative changes that have occurred and to revise
the definition of a substantial amendment, upon motion received and filed. Michalski moved
adoption of Resolution No. 320-04 Amending the Citizen Participation Plan by repealing the
existing plan and adopting a new Citizen Participation Plan in lieu thereof for the Community
Development Block Grant (CDBG) Program. Seconded by Nicholson. Motion carried 7-0.
Dubuque Community School District Partnership: City Manager recommending approval of a
partnership with the Dubuque Community School District to assist with financing construction of a
neighborhood resource center at the new downtown elementary school, upon motion received and
filed and approved recommendation.
Eagle Point Park Rock Face: City Manager recommending approval of the issuance of a Request
for Proposals for an engineering firm to examine the Eagle Point Park rock bluff, identify any
problems, the potential causes for those problems and a course of action to remedy the problems,
upon motion received and filed and approved recommendation.
Plumbing Code Ordinance: City Manager recommending adoption of the 2003 Uniform Plumbing
Code (UPC) published by the International Association of Plumbing and Mechanical Officials,
upon motion received and filed. Ordinance No. 58-04 Of the City of Dubuque, Iowa providing that
the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 37-1 thereof
and enacting a new Section 37-1 thereof pertaining to revising and reenacting a Plumbing Code
for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees
therefore, 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.
Heating, Air Conditioning and Ventilating (Mechanical) Ordinance: City Manager recommending
adoption of the 2003 International Mechanical Code (IMC) published by the International Code
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Council, upon motion received and filed. Ordinance No. 59-04 Of the City of Dubuque, Iowa
providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by repealing Section
24-1 thereof and enacting a new Section 24-1 thereof pertaining to revising and reenacting a
Mechanical Code of the City of Dubuque, Iowa and providing for the issuance of permits and
collection of fees therefore, 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.
Fifth and Bell Street Signage (Third Reading): Ordinance No. 60-04 Amending the Code of
Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof
providing for the addition of stop signs on East Fifth Street; Ordinance No. 61-04 Amending the
Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-214
thereof providing for the deletion of stop signs at the intersection of East Fifth Street and Bell
Street; Ordinance No. 62-04 Amending the Code of Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield sign at the
intersection of East Fifth Street and Bell Street, with first readings given on July 6, 2004, second
readings given on July 19, 2004 and now presented for final action. Buol moved that this be
considered the third and final reading and passage of the Ordinances. Seconded by Connors.
Carried by the following vote: Yeas-Buol, Connors, Duggan, Markham. Nays-Cline, Michalski,
Nicholson.
COUNCIL MEMBER REPORTS
Connors thanked the Police and Fire Departments for the quick response to the recent fire at the
Archdiocesan building.
There being no further business, upon motion meeting adjourned at 7:58 P.M.
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eanne F. Schneider, CMC
City Clerk
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