12 6 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Regular Session, December 6, 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 Gary McAlpin, Assistant Pastor of Faith, Center Grove and Rockdale
United Methodist Churches.
Proclamation: Human Rights Day (December 10, 2004) received by Judy Giesen.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 10/25; Cable TV Regulatory Commission of
11/10; Cable TV Teleprogramming Commission of 11/9; City Council of 11/10 and 11/15; Electrical
Board of 11/8; Five Flags Commission of 9/20 and 10/18; Historic Preservation Commission of 11/18;
Housing Commission of 10/26; Housing Trust Fund Committee of 11/23; Library Board of 10/18;
Mechanical Board of 11/2; Park and Recreation Commission of 11/9; Zoning Board of Adjustment of
11/18, upon motion received and filed.
Proof of publication of City Council Proceedings of November 1 and November 10, 2004 and List of
Claims and Summary of Revenues for month ending October 31, 2004 (On file in the City Clerk's
Office), upon motion received and filed.
Printed City Council Proceedings of October, 2004, upon motion received and filed and approved
as printed.
Notice of Claims/Suits: James Bauerly for property damage; Ronald Hendricks for vehicle damage;
Steven Kelly for vehicle damage; Richard and Connie Neumann for negligence, 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: Amy Boekholder for personal
injury; Ronald Hendricks for vehicle damage; Steve Kelly for vehicle damage; Richard and Connie
Neumann for negligence; Theresa Sawvell for vehicle damage; Greg Tuthill for vehicle damage, upon
motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Bernard C. Bockes for vehicle
damage and directing the Finance Department to issue payment, upon motion received and filed and
concurred and Finance Department to issue payment.
Request to Purchase City-Owned Property: Request of Harry and Mary Althaus to purchase an
easement they had previously sold to the City for construction of Tanzanite Drive, upon motion
received and filed and referred to the City Manager.
Human Rights Ordinance: Communication from Fred F. Ertl, III, urging the City Council to vote no
on the initiative to include sexual orientation into the City Code of Ordinances, upon motion received
and filed.
Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation
of Settlement of a tax assessment appeal by Lynn M. McCullough, upon motion received and filed
and approved recommendation.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department of
Housing and Urban Development's Office of Healthy Homes and Lead Hazard Control requesting
assistance and partnership to establish the City of Dubuque as a Safe and Healthy Homes
Community and communication from Housing and Community Development Director David Harris to
the U.S. Department of Housing and Urban Development volunteering Dubuque as one of twenty-five
sites to assist in development of a revitalization strategy, upon motion received and filed and
approved.
Roosevelt Road Phase II Water Main Extension Project: City Manager recommending acceptance
of the Roosevelt Road Phase II Water Main Extension Project as completed by McClain Excavating
Co., Inc., in the final contract amount of $88,216.19, upon motion received and filed. Buol moved
adoption of Resolution No. 436-04 Accepting improvement and Resolution No. 437-04 Approving
final estimate. Seconded by Nicholson. Motion carried 7-0.
Substance Abuse Services Center: Communication from Diane K. Thomas, Executive Director of
Substance Abuse Services Center, requesting financial support for their Fiscal Year 2005 program,
upon motion received and filed and referred to the City Manager.
Carter Road Detention Basin Project: City Manager recommending acceptance of the Carter Road
Detention Basin Project as completed by Tschiggfrie Excavating, Inc., in the final contract amount of
$749,060.88, upon motion received and filed. Buol moved adoption of Resolution No. 438-04
Accepting improvement and Resolution No. 439-04 Approving final contract amount. Seconded by
Nicholson. Motion carried 7-0.
Madison Street Sanitary Sewer Extension Project: City Manager recommending acceptance of the
Madison Street Sanitary Sewer Extension Project as completed by Top Grade Excavating in the final
contract amount of $90,484.50 and approving the preliminary schedule of final assessments, upon
motion received and filed. Buol moved adoption of Resolution No. 440-04 Accepting improvement;
Resolution No. 441-04 Approving final contract amount and Resolution No. 442-04 Approving
preliminary schedule of final assessments. Seconded by Nicholson. Motion carried 7-0.
Loras Boulevard Historic Lighting Project: City Manager recommending acceptance of the Loras
Boulevard Historic Lighting Project as completed by Westphal & Company, Inc., in the final contract
amount of $105,180.08, upon motion received and filed. Buol moved adoption of Resolution No. 443-
04 Accepting improvement and Resolution No. 444-04 Approving final contract amount. Seconded
by Nicholson. Motion carried 7-0.
2004 Curb Ramp Installation - CDBG #1 Project: City Manager recommending acceptance of the
2004 Curb Ramp Installation - CDBG #1 Project as completed by Kluck Construction in the final
contract amount of $32,168.50, upon motion received and filed. Buol moved adoption of Resolution
No. 445-04 Accepting improvement and Resolution No. 446-04 Approving final contract amount.
Seconded by Nicholson. Motion carried 7-0.
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Dubuque Racing Association: City Manager recommending approval of the request from the
Dubuque Racing Association to construct an additional storage facility near the dog kennels, upon
motion received and filed and approved recommendation.
White Water Creek Bridge - Grant Agreement: City Manager recommending approval of an
agreement with the State Historical Society of Iowa for a Historic Resource Development Program
(HRDP) grant for relocation of the White Water Creek Bridge, upon motion received and filed. Buol
moved adoption of Resolution No. 447-04 Approving a Historic Resource Development Program
Grant Agreement for Relocation of the White Water Creek Bridge. Seconded by Nicholson. Motion
carried 7-0.
Heritage Trail Interpretive Signs - Grant Agreement: City Manager recommending approval of an
agreement with the State Historical Society of Iowa for a Historic Resource Development Program
(HRDP) grant for the third phase in the development of interpretive signs for the Heritage Trail
Riverfront System, upon motion received and filed. Buol moved adoption of Resolution No. 448-04
Authorizing Grant Agreement for HRDP funds for Heritage Trail Interpretive Signs. Seconded by
Nicholson. Motion carried 7-0.
Save America's Treasures Grant Agreement - Shot Tower: City Manager recommending approval
of a $295,000 Save America's Treasures grant agreement to stabilize and rehabilitate the Shot
Tower, upon motion received and filed. Buol moved adoption of Resolution No. 449-04 Approving a
Save America's Treasures Grant Agreement to stabilize and rehabilitate the Shot Tower. Seconded
by Nicholson. Motion carried 7-0.
Restore-O-Rama Workshop: Communication from the Historic Preservation Commission advising
that the Midwest Office of the National Trust for Historic Preservation (NTHP) has asked the City to
host a Restore-O-Rama Workshop to be held in May, 2005, upon motion received and filed.
Project Concern Purchase of Service Agreement Amendment: City Manager recommending
approval of an amendment to the Purchase of Service Agreement with Project Concern to provide for
completion of the Downtown Resource Guide by December 31,2004, upon motion received and filed
and approved recommendation.
Section 8 Housing Program Assessment: City Manager advising that the City's Section 8 Housing
Project has received a High Performance Rating from the U.S. Department of Housing and Urban
Development, upon motion received and filed.
West 32nd Street Detention Basin Request for Proposals: City Manager recommending approval of
the issuance of a Request for Proposals (RFP) for design services for the West 32nd Street Detention
Basin project, upon motion received and filed and approved recommendation.
Grand Excursion 2004: Report from the Dubuque Area Chamber of Commerce regarding the
success of the Grand Excursion 2004, upon motion received and filed.
Dubuque Area Workforce Recruitment Campaign: Communication from Steward Sandstrom
regarding the Dubuque Area Workforce Recruitment Campaign, upon motion received and filed.
Zoning Board of Adjustment: Planning Services Manager Laura Carstens advising that Bill
Felderman has resigned from the Zoning Board of Adjustment due to time conflicts, upon motion
received and filed.
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Highway 32 (Southwest Arterial) Consultant Contract: City Manager recommending approval of the
Consultant Contract Scope of Services and the associated cost proposal for the Highway 32
(Southwest Arterial) design and approaching the Dubuque County Board of Supervisors and DMATS
for funding assistance, upon motion received and filed. Buol moved adoption of Resolution No. 450-
04 Approving the Consultant Scope of Services and the associated cost proposal on behalf of Earth
Tech, Inc. to complete preliminary engineering design services for the improvement of Iowa Highway
32 (Southwest Arterial) and Resolution No. 451-04 Authorizing the City Manager to request additional
funding through the Dubuque Metropolitan Area Transportation Study (DMATS) and to request that
Dubuque County participate in the local match to fund the preliminary engineering design services for
the improvement of Iowa Highway 32 (Southwest Arterial). Seconded by Nicholson. Motion carried
7-0.
Traffic Signal Removal - 16th and Sycamore Streets: City Manager recommending approval of the
removal of traffic signals at 16th and Sycamore Streets, upon motion received and filed. Buol moved
adoption of Resolution No. 452-04 Requiring the removal of the traffic signal at 16th and Sycamore
Streets. Seconded by Nicholson. Motion carried 7-0.
Human Rights Commission Annual Report: City Manager transmitting the 2004 Human Rights
Commission Annual Report, upon motion received and filed.
Government Performance and Results Act (GPRA) Annual Products Report: City Manager
transmitting the 2004 Government Performance and Results Act (GPRA) Annual Products Report,
upon motion received and filed.
Iowa League of Cities: Communication from the Iowa League of Cities requesting that the City
Manager serve on the League's Policy Committee, upon motion received and filed and approved
request.
Citizen Communication: Communication from Dave Meyers, 835 Council Hill Drive, regarding the
intersection of Highway 20/John F. Kennedy Road/Cedar Cross Road, upon motion received and
filed and referred to the City Manager.
Business Licenses: Michalski moved adoption of Resolution No. 453-04 Granting the issuance of a
Class "C" Beer Permit to Big 10 Mart, Kwik Stop Food Mart (4039 Pennsylvania), and Kwik Stop
Food Mart (2320 Hwy 61) and Resolution No. 454-04 Granting the issuance of a Class "B"
(Hotel/Motel) Liquor License to Julien Inn, Holiday Inn Dubuque Five Flags, and Hoffman
House/3100 Club; a Class "C" Beer/Liquor License to Andaluz, Instant Replay, Cue Master Billiards,
The White House, Pepper Sprout, and The Moracco; and a Class "B" Native Wine Permit to the
Dubuque Area Chamber of Commerce. Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Historic Preservation Revolving Loan Fund - $200,000 General Obligation Capital Loan Note: City
Manager recommending that a public hearing be set for December 20, 2004 to consider approval of
an offer by Premier Bank to provide $200,000 to the City for ten years, interest free, for the Historic
Preservation Revolving Loan Fund, financed with a $200,000 General Obligation Capital Loan Note,
upon motion received and filed. Cline moved adoption of Resolution No. 455-04 Fixing date for a
meeting on the proposition of the issuance of a $200,000 General Obligation Capital Loan Note of
Dubuque, Iowa, and providing for publication of notice thereof and setting this date of public hearing
for 12/20/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the
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City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried
7-0.
2004 Sanitary Sewer Lining Project - Initiate: City Manager recommending initiation of the public
bidding process for the 2004 Sanitary Sewer Lining Project and recommending that a public hearing
be set for January 17, 2005 on adoption of the plans and specifications and award of the contract,
upon motion received and filed. Cline moved adoption of Resolution No. 456-04 Preliminary
approval of plans and specifications; Resolution No. 457-04 Setting date of hearing on plans and
specifications for 1/17/05 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. 458-04
Ordering bids. Seconded by Connors. Motion carried 7-0.
Highway 20 Sanitary Sewer Extension Project - Initiate: City Manager recommending initiation of
the public bidding process for the Highway 20 Sanitary Sewer Extension Project and recommending
that a public hearing be set for January 17, 2005 on adoption of the plans and specifications and
award of the contract, upon motion received and filed. Cline moved adoption of Resolution No. 459-
04 Preliminary approval of plans and specifications; Resolution No. 460-04 Setting date of hearing
on plans and specifications for 1/17/05 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; Resolution
No. 461-04 Of Necessity; Resolution No. 462-04 Fixing date of hearing on Resolution of Necessity;
Resolution No. 463-04 Approving preliminary schedule of assessments; Resolution No. 464-04
Ordering bids. Seconded by Connors. Motion carried 7-0.
Harvest View Park Construction Project - Initiate: City Manager recommending initiation of the
public bidding process for the Harvest View Park Construction Project and recommending that a
public hearing be set for January 17, 2005 on adoption of the plans and specifications and award of
the contract, upon motion received and filed. Cline moved adoption of Resolution No. 465-04
Preliminary approval of plans and specifications; Resolution No. 466-04 Setting date of hearing on
plans and specifications for 1/17/05 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. 467-04 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:
Human Rights Commission (One Unexpired 3-Year Term Through
Through 1/1/07 - Terms of Murray, Oswald and Ross)
Applicants: James Jarrard, Gary McAlpin, Lou Oswald, Bill Ross
James Jarrard, Gary McAlpin, Lou Oswald, and Bill Ross spoke
appointment.
1/1/07; Three 3-Year Terms
requesting consideration for
Arts and Cultural Affairs Commission: (1) Four Three-Year Terms Through 6/30/07 - Arts
Knowledge/Interest; (2) Two Two-Year Terms Through 6/30/06 - Business/Professional (One
Applicant Must Live/Work Within District); (3) One Two-Year Term Through 6/30/06 - At Large
Applicants - Arts Knowledge/Interest: Ken Bichell, Catherine Goodman, Richard Hall, Ellen Henkels,
Louise Kames, Jane Kenworthy, Paul Kohl, loana Mamali, Michele McKinlay, Gene Perry, Susan
Riedel, John Tilton, Mark Wahlert, Vincent Williams, John Woodin; Applicants-
Business/Professional (One Applicant Must Live/Work Inside District): Inside District: Mirdza
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Berzins, William Intriligator, Louise Kames, Amy Link, John Tilton; Outside District: Catherine
Goodman, Jim Grady, Ellen Henkels, Cheryl Jacobsen, David Kessler, Karen Ridings -
Applicants - At Large: Rebecca Fabricius, Catherine Goodman, Jim Grady, Ellen Henkels, Louise
Kames, David Kessler, Susan Riedel, John Tilton
The following spoke requesting consideration for appointment to the Arts/Cultural Affairs Advisory
Commission: Rebecca Fabricius, Richard Hall, Ellen Hartmann Henkels, William Intrilligator, Cheryl
Jacobsen, Louise Kames, Jane Kenworthy, David Kessler, Paul Kohl, Amy Link, loana Mamali,
Susan Riedel, John Tilton, Mark Wahlert, Vincent Williams, John Woodin.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Transit Fare Increase: Proof of publication on notice of hearing 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 and City Manager recommending approval,
presented and read. Markham moved to receive and file the proof and communication and approve
the recommendation to increase the fares. Seconded by Cline. Motion failed due to the following
vote: Yeas-Duggan; Nays-Buol, Cline, Connors, Markham, Michalski, Nicholson.
Bonnie Meyers and Sara Davidson spoke objecting to any fare increase. Lou Oswald objected
also, citing a hardship on the very low income riders and stating that $31,000 is a small amount to
find in the budget so as not to raise fares.
Mark Munson, Transit Manager, stressed the service is required by the ADA and the cost for each
ride is $6.00.
After Council discussion, Michalski moved to refer back to the Transit Board. Seconded by Cline.
Motion carried 7-0.
Twelfth Street - Request to Vacate: Proof of publication on notice of hearing to consider a request
from the Dubuque Community School District for the vacating and disposal of a portion of 1ih Street
between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street and
City Manager recommending approval, upon motion received and filed.
Communication from John Burgart, Superintendent of Schools, advising that the Dubuque
Community School District will be responsible for the relocation of public utilities on the proposed
vacated 12th Street and the adjacent alley between 11 th and 13th Streets between Central Avenue
and White Streets, upon motion received and filed.
Communication from Gene Sands, 1516 Central Avenue, in opposition to the closing of 12th Street,
upon motion received and filed.
Doug Horstmann of the Dubuque Community School Board spoke and gave the history and
specifics of this project.
Robert Felderman, 1980 Marion Street, spoke voicing concern of the "island" mentality and stressed
using a temporary closing, rather than fully closing Twelfth St. between Central and White.
P.J. Anglin, 5130 Dunn Rd., East Dubuque, IL, spoke stating he is a property owner in the area and
was not contacted and objects to the closing, stating 13th Street can't handle the additional traffic.
Tony Zelinskas with WHKS, spoke stating they contacted over fifty business owners for the study
and received only eleven responses.
Council discussed the closing of Twelfth Street, ultimately stating it was necessary for the new
school.
Buol moved adoption of Resolution No. 468-04 Approving a plat of proposed vacated 1 ih Street
between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street.
Seconded by Cline. Motion carried 7-0.
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Ordinance No. 80-04 Vacating 1ih Street between Central Avenue and White Street and the
adjacent alley from 11th Street to 13th Street, 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 Cline. Motion carried 7-0.
Buol moved adoption of Resolution No. 469-04 Disposing of City interest in part of 1 ih Street
between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street in the
City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0.
Southgate Center Second Addition - Request to Vacate: Proof of publication on notice of hearing to
consider vacating and disposing of a twenty-foot wide utility easement over and across Lot 1 of 1 of
Southgate Center Second Addition as requested by IIW Engineers & Surveyors, PC and City
Manager recommending approval, upon motion received and filed. Buol moved adoption of
Resolution No.4 70-04 Disposing of City interest and vacating a 20-foot wide utility easement over
Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa.
Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Proceedings to Acquire Vacant and Abandoned Property - 409 Burch Street: City Manager
recommending approval to petition the District Court to enter judgment for a vacant and abandoned
home located at 409 12~~treet and awarding title of the property to the City, presented and read.
Dave Stuart spok€1ñaf-l9>hn White, the owner of the property, could not be in attendance at this
meeting but he was authorized to speak for him. He stated enormous work had been done on the
house and claimed there was no accumulated garbage and that the roof was half finished.
Margaret Wimmer, 420 Burch, stated she has looked at it every day and there has not been much
improvement in the last year.
Cline moved to table this matter. Seconded by Michalski. Motion failed due to the following vote:
Yeas-Cline, Michalski. Nays-Buol, Connors, Duggan, Markham, Michalski, Nicholson.
Cline moved to receive and file the documents and approve the proceedings to acquire the
property. Seconded by Markham. Motion carried 7-0.
Stonehill Sidewalk Removal Request (Tabled at Meeting of November 1, 2004): Upon motion this
item was removed from the table. City Manager recommending approval of an agreement which
permits Stonehill Community Association to remove the public sidewalk on their property abutting
Windsor Avenue with the understanding that it will be replaced upon development of the abutting
property, upon motion received and filed and approved recommendation.
North Grandview Estates - Final Plat: City Manager recommending approval of the final plat of Lots
1 through 40, inclusive, and Lot A of North Grandview Estates and further recommending that the
property owners extend City utilities, including the installation of a sanitary sewer main, for future
development of adjoining property, upon motion received and filed.
Joe Bitter, Attorney at Law, representing the property owners, stated it was unreasonable to make
improvements for future development that may not occur.
Richard Henkel spoke stating they have worked with staff from day one and felt he should not have
to make improvements from which his subdivision will not benefit.
Cling moved that the property owner be required to install the manhole and dedicate the easement
but not install the sanitary sewer main and adoption of Resolution No. 471-04 Approving the final plat
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of Lots 1 through 40, inclusive, and Lot A of North Grandview Estates in the City of Dubuque.
Seconded by Buol. Motion carried 7-0.
Designation of "No Parking" Area: City Manager recommending approval of the designation of a
"No Parkint area in the alley that extends from Nevada Street east toward Alpine Street and south
to West 3' Street, upon motion received and filed. Ordinance No. 81-04 Amending Section 32-
262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated
streets or portions thereof adding the alley from Nevada Street to West Third Street, 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 Cline. Motion
carried 7-0.
MidAmerica Housing Partnership Application: City Manager recommending approval of a resolution
of support for the MidAmerica Housing Partnership's application to the Department of Economic
Development for HOME Program funds for construction of affordable town homes in Eagle Valley
Subdivision, upon motion received and filed. Michalski moved adoption of Resolution No. 472-04 Of
support for the construction of affordable single family town homes in the Eagle Valley Subdivision.
Seconded by Nicholson. Motion carried 7-0.
American Public Works Association: City Manager advising that Operations and Maintenance Street
and Sewer Maintenance Supervisor John Klostermann has received the American Public Works
Association Iowa "Leader of the Year" award, upon motion received and filed and offered
congratulations to John.
Fiscal Year 2006 Budget Hearing Schedule: City Manager recommending approval of the Fiscal
Year 2006 budget hearing schedule, upon motion received and filed and approved recommendation.
Fiscal Year 2006 Policy Guidelines: City Manager recommending approval of the Policy Guidelines
for the Fiscal Year 2006 budget, upon motion received and filed and approved recommendation.
COUNCIL MEMBER REPORTS
Michalski commented that the WinterFest weekend was remarkable. Markham reported that a
workshop at the National League of Cities Conference regarding cooperation between a city and
local school board was very interesting and that the City of Dubuque and Dubuque Community
School Board could be proud of their working relationship.
PUBLIC INPUT
Scott Runde spoke stating he had been told he could not stop City refuse pickup for his apartment
house and questioned the policy. Michalski referred him to the Solid Waste Agency and the City's
Solid Waste Management Supervisors will contact him.
There being no further business, upon ~otion mee:: ~urned~ 9:33¡.M.
/JAf44~/Øf~¿QJ
¿¡::nne F. Schneider, CMC
City Clerk
1 t 12/15
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