8 16 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 16, 2004
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Nicholson, Council Members Buol, Cline, Connors, Markham,
Michalski, City Manager Van Milligen, Corporation Counsel Lindahl.
Absent: Mayor Duggan
Mayor Pro-Tem Nicholson 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 Deacon J.C. Otto of Sacred Heart Catholic Church.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 8/2; Five Flags Commission of 6/21 and 7/19;
Historic Preservation Commission of 7/15; Long Range Planning Commission of 7/21; Zoning
Board of Adjustment of 7/22, upon motion received and filed.
Proof of publication of City Council Proceedings of 7/19 and List of Claims and Summary of
Revenues for month ending June 30, 2004 (On file in City Clerk's Office), upon motion received
and filed.
City of Dubuque Financial Reports for month ending July 31, 2004 (On file in City Clerk's
Office), upon motion received and filed.
Notice of Claims/Suits: Ryan M. Beyer for towing of vehicle; Rose Brandenburg for personal
injury; Paul A. Ernst for vehicle damage; Sarah J. Merges for vehicle damage; Delbert G. Miller
vs. City of Dubuque; Keith Phillips 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: Rose Brandenburg for
personal injury; Keith Phillips for vehicle damage, upon motion received and filed and
concurred.
Corporation Counsel recommending that the claim of Michael Rettenmeier for property
damage be referred to WC Stewart Construction Company, upon motion received and filed and
concurred.
Iowa Arts Council: Copy of communication from Anita Walker, Iowa Arts Council, to Jane
Kenworthy, Dubuque Symphony Orchestra, expressing gratification that the City of Dubuque is
exploring ways to invest in the arts, upon motion received and filed.
Purchase of Property at 815 West 32"d Street: City Manager recommending approval of the
purchase of a residential dwelling located at 815 West 32"0 Street as part of the acquisition
program associated with expansion of the West 32"d Street detention basin, upon motion
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received and filed. Buol moved adoption of Resolution No. 321-04 Approving the acquisition
of real estate located at 815 West 32"d Street in the City of Dubuque. Seconded by Michalski.
Motion carried 6-0.
Citizen Communication: Communication from Bob Felderman, Jojanaro, in opposition to the
proposed closing of 1ih Street, upon motion received and filed.
Collective Bargaining Agreement Amendment: City Manager recommending approval of an
amendment to the Collective Bargaining Agreement between the City and the International
Union of Operating Engineers to provide for a work week that consists of ten hours per day and
four days per week for full-time Public Safety Dispatchers, upon motion received and filed and
approved recommendation.
Grand River Center: City Manager recommending approval of the installation of video
conferencing equipment in the Grand River Center and that the system be supplied by and
installed by Communication Engineering Company in the amount of $48,159.27, upon motion
received and filed and approved recommendation.
Iowa Department of Transportation RISE Application: City Manager recommending approval
of the submission of a Revitalize Iowa's Sound Economy (RISE) grant application, in the
amount of $1,283,262, to the Iowa Department of Transportation for the extension of
Chavenelle Road from Dubuque Industrial Center to Dubuque Industrial Center West, upon
motion received and filed. Buol moved adoption of Resolution No. 322-04 Endorsing the
submission of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa Department of
Transportation for the extension of Chavenelle Road West from Dubuque Industrial Center to
Dubuque Industrial Center West. Seconded by Michalski. Motion carried 6-0.
Dubuque Initiatives Staffing Agreement: City Manager recommending approval of a one year
Agreement for Professional Services to provide administrative and accounting services to
Dubuque Initiatives, upon motion received and filed and approved recommendation.
Stonehill Community Association: Communication from Harold Conzett and Larry Zettel,
Stonehill Community Association, requesting that the Association be allowed to remove the
sidewalk on the west side of Windsor Avenue, north of Stone Ridge Place and to replace the
walk with grass, upon motion received and filed and referred to the City Manager.
Stealth Race Cars: City Manager recommending approval to send a letter to Terry and Linda
Weidemann, owners of Stealth Race Cars property in the Port of Dubuque, officially notifying
them of the City's intent to acquire their property; City Manager recommending approval of an
Economic Development Initiative (EDI) Grant Agreement amendment for the purchase and
demolition of the Stealth Race Cars property in the Port of Dubuque, upon motion received and
filed. Buol moved adoption of Resolution No. 323-04 Authorizing the filing of an amendment
request to the Department of Housing and Urban Development. Seconded by Michalski.
Motion carried 6-0.
Amendment to Lease with Historical Star Redevelopment, LLC: City Manager recommending
approval of an amendment to the Lease with Historical Star Redevelopment, LLC to extend an
additional $210,000 in loan proceeds to complete roof replacement on the Star Brewery
building, upon motion received and filed. Buol moved adoption of Resolution No. 324-04
Authorizing the execution of a first amendment to lease agreement with Historical Star
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Redevelopment, LLC for the Star Brewery Building. Seconded by Michalski. Motion carried 6-
O.
Davis-Bacon Labor Standards Requirements/New Facility: City Manager recommending
approval to outsource the monitoring requirements associated with the Davis-Bacon Labor
Standard Requirements with the construction of the new Municipal Service Center Facility, upon
motion received and filed and approved recommendation.
Grand Opera House Conservation Easement: City Manager recommending that the City, as
mortgage holder, consent to a fifty-year Conservation Easement Agreement between the Grand
Opera House and the Historical Division of the Iowa Department of Cultural Affairs for
preservation of the Grand Opera House, upon motion received and filed. Buol moved adoption
of Resolution No. 325-04 Consenting to a Conservation Easement Agreement between the
Grand Opera House, an Iowa Nonprofit Corporation, as Grantor, and the Historical Division of
the Iowa Department of Cultural Affairs, as Grantee, for the preservation of the Grand Opera
House. Seconded by Michalski. Motion carried 6-0.
Housing Commission - Resignation: Communication from Gina Bell advising that she is
resigning from the Housing Commission effective August 2004, upon motion received and filed.
Cultural and Entertainment District Application: City Manager recommending approval of the
submission of an application to the Iowa Department of Cultural Affairs to establish a Cultural
and Entertainment District in downtown Dubuque, upon motion received and filed. Cline moved
adoption of Resolution No. 326-04 Establishing the Dubuque Cultural and Entertainment
District. Seconded by Connors. Motion carried 6-0.
Business Licenses: Buol moved adoption of Resolution No. 327-04 Granting the issuance of
a Class "C" Beer/Liquor License to Tri-State Golf Center, Players Sports Bar, Los Aztecas, and
National Mississippi River Museum; Class "C" Beer/Liquor License (Special One-Day Event) to
Grand Opera House and Bricktown; Special Class "C" Liquor to Choo Choo Charlies and Colts
Center; Class "B" Wine to Oky Doky #6 and #2; and Native Wine (WBN) to Mandolin Inn and
Resolution No. 328-04 Granting the issuance of a Class "B" Beer (Five-Day Special Event) to
Dubuque Jaycees (2) and Riverfest; and Class "C" Beer Permit to Clark Services, Rainbo Oil
Company, Oky Doky #6 and Amoco Food Shop. Seconded by Michalski. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
2004 Local Law Enforcement Block Grant: City Manager recommending that a public hearing
be set for September 7, 2004 regarding the acceptance of the 2004 Local Law Enforcement
Block Grant award, upon motion received and filed and set Public Hearing for 9/7/04 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.
Marshall Park Sanitary Sewer Extension Project - Initiate: City Manager recommending
initiation of the public bidding process for the Marshall Park Sanitary Sewer Extension Project
and setting a public hearing for September 20, 2004, upon motion received and filed. Cline
moved adoption of Resolution No. 329-04 Preliminary approval of plans and specifications;
Resolution No. 330-04 Setting date of hearing on plans and specifications for 9/20/04 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. 331-04 Ordering bids.
Seconded by Markham. Motion carried 6-0.
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Arboretum Entrance Road Construction Project - Initiate: City Manager recommending
initiation of the public bidding process for the Arboretum Entrance Road Construction Project
and setting a public hearing for September 20, 2004, upon motion received and filed. Cline
moved adoption of Resolution No. 332-04 Preliminary approval of plans and specifications;
Resolution No. 333-04 Setting date of hearing on plans and specifications for 9/20/04 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. 334-04 Ordering bids.
Seconded by Markham. Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Housing Commission (Three 3-year terms through 8/17/04 - Terms of Eddy, Kapler and
Schwendinger): Applicants: Char Eddy, David J. Kapler, Dorothy Schwendinger, OSF No one
spoke.
Appointments to the following Commissions:
Airport Commission (One four-year term through 9/14/08 - term of Goodmann) Applicant:
Teri Hawks Goodmann Upon motion Teri Hawks Goodmann was reappointed for a four year
term which will expire 9/14/08.
Long Range Planning Advisory Commission (One vacant three-year term through 7/1/07):
Applicant: James F. Prochaska Upon motion James F. Prochaska appointed to the Long
Range Planning Advisory Commission for a three year term which will expire 7/1/07.
ACTION ITEMS
Eagle Point Park Bluff: Request of SA Sutton to address the City Council regarding the
Eagle Point Park Bluff; communication from Robert Eichman and Richard Vorwald requesting
that a public hearing be set for September 7, 2004 to discuss the Eagle Point Park Bluff - Rock
Face issue; and communications from Ellen Motsch and Leslie L. Motsch regarding the Eagle
Point Park Bluffs, presented and read.
S. A. Sutton, 1875 Custer St., spoke of the chain of events of the Eagle Point Bluff
development and questioned why City should now pay to repair damages.
Upon motion, this matter was received and filed. Sutton was directed to provide a copy of the
documents she had to the City Clerk, and that the issue would be discussed at the September
7,2004 meeting.
Request to Address the Council - Proposed Liquor Ordinance: Request of Kevin A. Menning
to address the Council regarding the proposed City ordinance banning drink specials, presented
and read. Mr. Menning, 1525 Alta Vista, was present to speak. Mayor Pro-Tem Nicholson
requested that public input into this matter be postponed until the Ordinance was brought
before Council. Further Council direction was given that Mr. Menning provide Corporation
Counsel Lindahl with a letter addressing his concerns.
Downtown Conservation District - Dubuque Community School District: Communication from
the Dubuque Community School District requesting that the new downtown school building site
located on the northeast edge of the Downtown Demolition District be removed from the district;
City Manager recommending approval of the Dubuque Community School District request;
communication in opposition to the request of the Dubuque Community School District, upon
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motion received and filed. An Ordinance Amending Chapter 11 (Building Regulations) of the
City of Dubuque Code of Ordinances regarding the Downtown Neighborhood Conservation
District, presented and read.
Council Member Michalski stressed the need to work with the School Board on the Demolition
Ordinance. She also stated that this has been a long term process which, until very recently,
Dubuque citizens were not addressing the issue and sharing any concerns. Other Council
Members concurred.
Buol moved that this be considered the first reading of the Ordinance. Seconded by Markham.
Motion carried 6-0.
Installation of Sidewalks - Dubuque Middle School: Communication from the Dubuque
Community School District requesting that the City require the installation of sidewalks on areas
surrounding the new middle school site on Radford Road, upon motion received and filed and
referred to the City Manager with a recommendation to install sidewalks.
Request to Change Tattoo Ordinance: City Manager submitting information regarding the
practice of micro-pigmentation and recommending that the City not change the current
ordinance requiring a physician's supervision, upon motion received and filed and directed that
the current Ordinance not be changed.
Conservation District Process: City Manager recommending approval of a proposed process
to establish, expand or alter conservation districts (formerly known as demolition districts), in
response to a City Council referral of a request for direction from the Historic Preservation
Commission, upon motion received and filed. Ordinance No. 63-04 Amending Chapter 11
(Building Regulations) of the City of Dubuque Code of Ordinances regarding the process for the
establishment, expansion or alteration of Conservation 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
suspended and further moved final consideration and passage of the Ordinance. Seconded by
Michalski. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Cline shared the fact that she enjoyed the Iowa Corn Growers' Tour. Michalski commended
the City Staff on the recent, well-planned legislative visit.
At 7:30 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation -
Chapter 21.5(1)(c) 2003 Code of Iowa and Collective Bargaining Strategy - Chapter 20.17(3)
2003 Code of Iowa.
At 8:01 P.M. Council reconvened regular session stating staff had been given proper direction.
At 8:02 P.M. there being no further business, upon motion meeting adjourned.
1t 8/25
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eanne F. Schneider, CMC
City Clerk
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