Minutes City Council 11 01 04City Council, Special Session, November 1, 2004
Council met in Special Session at 5:30 P.M. in the Carnegie Stout Public Library Board Room
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Connors, Michalski, Nicholson,
Corporation Counsel Lindahl, City Clerk Schneider
Absent: Mayor Duggan
Mayor Pro-Tem Markham read the call and stated this is the special session of the City Council
called for the purpose of conducting a performance evaluation of the Corporation Counsel and City
Clerk.
Upon motion it was resolved to go into Closed Session pursuant to Ch. 21.5 1 (i) at 5:45 P.M.
Council reconvened special session stating Staff was given proper direction at 6:27 P.M.
There being no further business, upon motion the special meeting adjourned at 6:28 P.M.
Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November, 1, 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.
Invocation was given by Reverend Murray Phillips, Executive Director, Dubuque Rescue Mission.
Proclamations: Philanthropy Day (November 10, 2004) received by Chris Chapin-Tilton; Hunger
and Homelessness Awareness Month (November, 2004) received by Helen Blatz of Four Oaks;
Youth Appreciation Month (November, 2004) received by Morning Optimists Club President Melinda
Rettenberger and Hillcrest Services representative Don Keck; Noon Optimists Club President Joan
Steve and Evening Optimist Club President Darrell Whitt.
Randy Thor and Todd Christensen of J.P. Cullen Co. and Sons, Inc. presented to the City the
Masonry Construction Project of the Year Award - Dubuque's Grand River Center.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 10/18; Housing Commission of 9/28; Human
Rights Commission of 8/9; Mechanical Board of 10/20; Transit Trustee Board of 9/30; Zoning Board
of Adjustment of 9/23, upon motion received and filed.
Printed Council Proceedings of September, 2004, upon motion approved as printed.
Proof of publication of City Council Proceedings of October 4, 2004, upon motion received and filed.
Notice of Claims/Suits: Leroy R. Cain for property damage; Dubuque Internal Medicine for property
damage; Michael Gibson for property damage; Thomas J. Lang for property damage; Susan Myers
for personal injury; Thomas Sharkey, Jr., for vehicle damage, upon motion received and filed and
referred to Legal for investigation.
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: Dubuque Internal Medicine
for property damage; Thomas J. Lange for personal injury; Susan Myers for personal injury, upon
motion received and filed and concurred.
Corporation Counsel recommending that the claim of Thomas Sharkey, Jr. for vehicle damage be
referred to River City Paving Company, upon motion received and filed and concurred.
Corporation Counsel recommending approval of the claim of LeRoy Cain for property damage and
directing Finance Department to issue payment, upon motion received and filed and concurred and
direct Finance Department to issue proper payment.
Downtown Elementary School Neighborhood Resource Center: Communication from John L.
Burgart, Superintendent of Schools, advising that the Board of Education of the Dubuque Community
School District unanimously voted to accept the City of Dubuque's contribution of $250,000 toward
the construction of a Neighborhood Resource Center within the new downtown elementary school,
upon motion received and filed.
Purchase of Service Agreement Amendments: City Manager recommending approval of
amendments to the purchase of service agreements with Downtown Neighborhood Council, Inc. and
the Langworthy District Neighborhood Association for the historic district public improvements
projects, upon motion received and filed and approved amendments.
Peninsula Gaming Patio Lease Extension: City Manager recommending approval a one-month
extension of the patio lease with Peninsula Gaming Company through November 31, 2004 to allow
for the storage and unloading of slot machines, upon motion received and filed and approved
recommendation.
Hispanic Ministry of Dubuque: Communication from Sister Jeanette McCarthy, PBVM, in opposition
to the $100 rental fee for park reservations starting in 2005, upon motion received and filed and
referred to the City Manager.
Iowa Homeland Security and Emergency Management Division - Appeal of Decision:
Communication from Congressman Jim Nussle submitting a letter he sent to Michael D. Brown,
United States Department of Homeland Security - Emergency Preparedness and Response,
regarding a problem the City is experiencing with the Federal Emergency Management Agency
(FEMA); Communication from Senator Charles Grassley advising that he received a response from
the Federal Emergency Management Agency which upheld the decision to deny payment; and
communication of City Manager to David L. Miller, Iowa Homeland Security and Emergency
Management Division, appealing the decision to deny the City's claim of $28,203 for pumping costs
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at the floodwall incurred during the severe flooding of May and June 2004, upon motion received and
. filed and approved appeal.
Human Rights Commission: Communication from Sarah Davidson submitting her resignation from
the Dubuque Human Rights Commission, upon motion received and filed.
Request to Vacate - Utility Easement: Communication from Steve Fuerst, IIW Engineers and
Surveyors, P.C., requesting the vacation of an existing twenty-foot utility easement that crosses Lot 1
of Southgate Center Second Addition on behalf of Dan Mueller, upon motion received and filed and
referred to the City Manager.
Quarterly Investment Report: City Manager submitting the September 30, 2004 Quarterly
Investment Report of the Investment Oversight Advisory Commission, upon motion received and
filed.
Port of Dubuque Parking Lot: City Manager recommending acceptance of the Port of Dubuque
Parking Lot Renovation and Resurfacing Project as completed by Portzen Construction in the final
contract amount of $510,421.39, upon motion received and filed. Buol moved adoption of
Resolution No. 399-04 Accepting improvement and Resolution No. 400-04 Approving final contract
amount. Seconded by Nicholson. Motion carried 7-0.
Iowa Department of Transportation: Communication to Richard Kautz, Iowa Department of
Transportation, expressing concerns regarding the US 20 reconstruction project, specifically the
Wacker Drive/Hwy 20 intersection work, upon motion received and filed and approved
communication.
Southwest Arterial Memorandum of Agreement: City Manager recommending approval of a Cultural
Resources Memorandum of Agreement for the improvement of Iowa Highway 32 (Southwest
Arterial), upon motion received and filed. Buol moved adoption of Resolution No. 401-04 Approving
the Consultant Agreement among the Federal Highway Administration (FHWA), Iowa Department of
Transportation (Iowa DOT), the County of Dubuque (County), and the City of Dubuque (City) for the
Cultural Resources Memorandum of Agreement for the improvement of the Highway 32 Corridor
(Southwest Arterial). Seconded by Nicholson. Motion carried 7-0.
Southwest Arterial Consultant Agreement for Professional Services: City Manager recommending
approval of a Consultant Agreement for Professional Services to complete pre-flight ground control
survey work as required to facilitate the development of design level aerial photography for the
Preliminary Design of Iowa Highway 32 corridor (Southwest Arterial), upon motion received and filed.
Buol moved adoption of Resolution No. 402-04 Approving the Consultant Agreement among the Iowa
Department of Transportation (Iowa DOT), the City of Dubuque (City) and IIW Engineers &
Surveyors, PC for the professional services - ground control survey for the Highway 32 Corridor
(Southwest Arterial). Seconded by Nicholson. Motion carried 7-0.
Employee Recognition: City Manager advising that Housing and Community Development
employee, Joleen Patterson, was recently recognized by the Iowa National Association of Housing
and Redevelopment Officials (NAHRO) and presented the 2004 Community Development Award for
exemplary service to the community development profession, upon motion received and filed.
Vision Iowa: Communication to Michael Gartner, Chairman of the Vision Iowa Board, affirming the
City's financial commitment to the Vision Iowa Grant Agreement, upon motion received and filed and
approved recommendation.
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Business Licenses: Buol moved adoption of Resolution No. 403-04 Granting the issuance of a
Class "C" Beer Permit to Big 10 Mart and Resolution No. 404-04 Granting the issuance of a Class "C"
Beer/Liquor License to Bridge Restaurant, Jumpers Sports Bar/Grill, and Europa Haus/Bierstube.
Seconded by Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Disposal of City-Owned Property: City Manager recommending that a public hearing be set for
November 15, 2004 to consider vacating and disposing of a portion of City-owned property located at
Lombard and Collins Streets, upon motion received and filed. Cline moved adoption of Resolution
No. 405-04 Of intent to vacate and dispose of City interest in Lot A of Lot 2 of Lot 2 of Mineral Lot
156 in the City of Dubuque, Dubuque County, Iowa and set this for public hearing on 11/15/04 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.
Transit Fare Increase: City Manager recommending that a public hearing be set for December 6,
2004 to consider a recommendation from the Transit board to raise minibus fares and to adopt other
recommendations from the Human Rights ADA Paratransit Review conducted last summer, upon
motion received and filed and set public hearing on 12/6/04 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.
Fiber Optic Conduit System Project - Phase I: City Manager recommending initiation of the public
bidding process for the Fiber Optic Conduit System Project - Phase I and that a public hearing be set
for November 15, 2004, upon motion received and filed. Cline moved adoption of Resolution No.
406-04 Preliminary approval of plans and specifications; Resolution No. 407-04 Setting date of
hearing on plans and specifications for 11/15/04 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
, Resol,ution No. 408-04 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
Park Maintenance Headquarters Roofing Project: City Manager recommending initiation of the
public bidding process for the Park Maintenance Headquarters Roofing Project and that a public
hearing be set for December 20, 2004, upon motion received and filed. Cline moved adoption of
Resolution No. 409-04 Preliminary approval of plans and specifications; Resolution No. 410-04
Setting date of hearing on plans and specifications for 12/20/04 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. 411-04 Ordering bids. Seconded by Nicholson. Motion carried
7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Reallocation of General Obligation Bonds Series 2002C: Proof of publication on notice of hearing
to consider the reallocation of General Obligation Bond proceeds for use on the new Municipal
Services Center and City Manager recommending approval, upon motion received and filed. Cline
moved adoption of Resolution No. 412-04 Instituting proceedings to take additional action and
approving the reallocation of certain unspent proceeds of the Gèneral Obligation Bonds, Series
2002C, of Dubuque, Iowa for the Municipal Services Center Project. Seconded by Nicholson.
Motion carried 7-0.
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Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Upon motion the following was removed from the table: Chamber of Commerce Convention and
Visitors Bureau (Tabled from October 18, 2004 Meeting) Request of Sue Czeshinski, Director -
Convention and Visitors Bureau, to provide the Convention and Visitors Bureau report, upon motion
received and filed. Ms. Czeshinski gave a positive report.
Mediacom Franchise Fee Payment Analysis: City Manager submitting the final report of Lewis &
Associates regarding Mediacom Cable Franchise fees paid to the City of Dubuque for calendar years
2002 and 2003, upon motion received and filed.
Sidewalk Removal Request: City Manager recommending denial of the request of Stonehill
Community Association to permanently remove public sidewalk abutting Windsor Avenue, presented
and read.
Harold Conzett, 800 Stoneridge Place, spoke clarifying the request of Stonehill Community
Association. He states that if the trees were removed, the Association would replace the sidewalk.
However, it was their hope that the trees not be removed at this time and the stretch of sidewalk in
question be replaced with crushed limestone for a pathway. At such time that the area is developed,
the sidewalks would be replaced at their expense. The City Manager explained that if the request to
remove the sidewalk was denied, the City would remove one tree at the northerly end of the sidewalk
and evaluate the second tree prior to installation of the new sidewalk and he requested direction for
future requests of this nature. Council requested that a written agreement be signed by the
Association stating that the sidewalks would be replaced, when warranted, at their expense. Upon
motion this item was tabled.
Upon motion the following was removed from the table: Dubuque River Rides (Tabled from October
18,2004 Meeting): Communication from Nancy M. Webster, President and Chief Executive Officer-
Dubuque River Rides, requesting to extend their lease with the City of Dubuque for an additional
eight-year term and City Manager recommending denial of the Dubuque River Rides' request to
extend their lease under the current language and that they be approached regarding the negotiation
of a new lease, upon motion received and filed the lease extension denial and referred to the City
Manager for renegotiation.
Bee Branch Creek Restoration Project Alignment Study: City Manager recommending approval of
the inclusion of the Bee Branch Creek Restoration Project Phase II from 24th Street to Garfield
Avenue as part of the approved Drainage Basin Master Plan and requesting that a work session be
scheduled to review the preliminary design of the Bee Branch Creek Restoration Project;
communication from Wayne Klostermann regarding the issue of the Bee Branch study and response
from the City Manager to communication from Wayne Klostermann, upon motion received and filed.
Michalski questioned whether they were approving the final design of the waterway and the City
Manager explained that he was requesting the inclusion of the Bee Branch Creek Restoration Project
Phase II as part of the Drainage Basin Master Plan in order to develop the financing aspect of the
project and that a worksession be scheduled to discuss the final design, which would include a
discussion of environmental issues and engineering aspects. After further discussion Buol moved to
receive and file the communications, approve the inclusion of the Bee Branch Creek Restoration
Project Phase II as part of the Drainage Basin Master Plan and to direct that a worksession be
scheduled. Seconded by Connors. Motion carried 6-1.
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NPDES Permit: City Manager recommending approval of the National Pollution Discharge
Elimination System (NPDES) stormwater permit as authored by the Iowa Department of Natural
Resources (IDNR) for the City, upon motion received and filed. Nicholson moved adoption of
Resolution No. 413-04 Approving the National Pollution Discharge Elimination System (NPDES)
Stormwater Permit as authored by the Iowa Department of Natural Resources (IDNR) for the City of
Dubuque. Seconded by Michalski. Motion carried 7-0.
Enterprise Zone #1 and Enterprise Zone #2: City Manager recommending approval of the filing of
applications with the Iowa Department of Economic Development requesting an expansion of
Enterprise Zone #1 and Enterprise Zone #2 by adding additional areas that meet the State's eligibility
requirements, upon motion received and filed. Cline moved adoption of Resolution No. 414-04
Authorizing the filing of an application with the Iowa Department of Economic Development
requesting Enterprise Zone Certification of an expansion of the existing Enterprise Zone - 1 in the
City of Dubuque and Resolution No. 415-04 Authorizing the filing of an application with the Iowa
Department of Economic Development requesting Enterprise Zone Certification of an expansion of
the existing Enterprise Zone - 2 in the City of Dubuque. Seconded by Connors. Motion carried 7-0.
United States Department of the Interior: Communication from the United States Department of the
Interior advising that the City has been selected for a Federal Save America's Treasures grant in the
amount of $295,000 for restoration of the Dubuque Shot Tower, upon motion received and filed.
Legislative Issues: City Manager submitting the City's legislative issues for the 2005 legislative
session, upon motion received and filed and approved submission of list. Michalski requested that
the legislative issues be prioritized and that TIF be a top priority.
COUNCIL MEMBER REPORTS
Michalski reported on the positive joint all-day meeting with City and Davenport staff.
PUBLIC INPUT
Richard Vorwald, 2921 Washington, spoke requesting he be included in meetings regarding the
Request for Proposals for the bluff stabilization project.
At 8:13 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)U) 2003 Code of Iowa and Collective Bargaining Strategy -
Chapter 20.17(3) 2003 Code of Iowa.
At 8:30 P.M. Council reconvened Regular Meeting stating staff had been given proper direction.
There being no further business. upon motion meeting adjourned at 8:31 P.M.
Jeanne F. Schneider, CMC
City Clerk
1t 11/10
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