Minutes City Council 4 4 05
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Monday, April 4, 2005
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 Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the Council.
Invocation was given by Reverend Judy Wadding, United Methodist Minister.
Proclamations:
Kids' Day America (May 14, 2005) received by Dr. Andrew Harris of the Community Chiropractic
Clinic;
Child Abuse Prevention Month (April, 2005) received by Mary Gassman;
Public Health Week (April 4 - 10, 2005) received by Public Health Specialist Mary Rose Corrigan;
University of Dubuque Commendation received by Paula Carlson.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2/22; City
Council of 3/21; Five Flags Commission of 2/21; Housing Commission of 2/22; Housing
Commission Trust Fund Committee of 317; Long Range Planning Advisory Commission of 3/16;
Mechanical Board of 3/16; Park and Recreation Commission of 3/8; Transit Board of Trustees of
3/10, upon motion received and filed.
Library Board of Trustees Update from the meeting of February 24, 2005, upon motion received
and filed.
Proofs of publication of City Council proceedings of February 15 and 16, March 7 and 8, 2005
and Governing Board of the Municipal Housing Agency proceedings of March 8, 2005, upon
motion received and filed.
Notice of Claims/Suits: Washington Mutual Bank, F.A. vs. City of Dubuque, et ai, upon motion
received and filed and referred to Legal for investigation.
Dubuque Golf and Country Club: Request of Dubuque Golf and Country Club to display fireworks
on July 4, 2005 on the Dubuque Golf and Country Club grounds, upon motion received and filed
and approved recommendation.
Consultant Agreement for Update of Zoning and Subdivision Ordinances: City Manager
recommending approval of the professional services agreement between the City of Dubuque and
Lane Kendig, Inc., to prepare a comprehensive update of the City's Zoning and Subdivision
Ordinances, upon motion received and filed and approved recommendation.
Community Development Block Grant (CDBG) Program: Communication from the Historic
Preservation Commission applauding the City Council for continued support of the Community
Development Block Grant (CDBG) Program, upon motion received and filed.
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Police Patrol Remodeling Project: City Manager recommending acceptance of the Police Patrol
Remodeling Project as completed by Stumpf Construction and All-Systems in the final contract
amount of $109,686.44, upon motion received and filed. Buol moved adoption of Resolution No.
120-05 Accepting improvement and Resolution No. 121-05 Approving final contract amount.
Seconded by Nicholson. Motion carried 7-0.
Voluntary Annexation of Territory: Corporation Counsel recommending re-approval of the
application for voluntary annexation of approximately forty acres of territory owned by Joel
Callahan, upon motion received and filed. Buol moved adoption of Resolution No. 122-05 Re-
approving the application for the voluntary annexation of territory owned by Callahan Construction,
Inc. Seconded by Nicholson. Motion carried 7-0.
Development Agreement for North Grandview Estates: City Manager recommending approval of
a Development Agreement with Richard Henkel and Sandra Williams for development of
affordable single-family housing in North Grandview Estates, upon motion received and filed and
approved recommendation.
Operating Engineer's Union Petition: City Manager recommending approval of a petition from the
Operating Engineer's Union to amend their bargaining unit to exclude certain classifications, upon
motion received and filed and approved recommendation.
Mediacom: MMC Iowa, LLC (Mediacom) submitting the formal renewal proposal in response to
the City's Request for Renewal Proposal, upon motion received and filed and referred to the City
Manager.
Civil Service Commission: Civil Service Commission submitting the certified list for the position of
Traffic Signal Technician II, upon motion received and filed and made a matter of record.
Legislative Correspondence: City Manager correspondence to State legislators regarding a
possible ten-year state sales tax exemption and requesting support for an amendment to the
proposed legislation allowing use of the sales tax rebate for newly established businesses in
Enterprise Zones, upon motion received and filed and approved.
City of Asbury: Communication from Richard Anderson, Mayor of Asbury, requesting City
Council cooperation for an intersection change at Asbury Road and Seippel Road from a two-way
stop to a four-way stop and a decrease in the speed limit from 45 mph to 35 mph, upon motion
received and filed and referred to the City Manager.
Housing Trust Fund - Gateways to Home: City Manager recommending approval of a $30,000
grant to Gateways to Home (the local Community Housing Development Organization) to purchase
the former Washington Neighborhood Center at 382 East 21st Street for renovation and conversion
to rental units, upon motion received and filed and approved recommendation.
McAleece Concession Operation: City Manager recommending approval to create seasonal
positions to allow the City to operate the concession stand at the McAleece Park and Recreation
Complex, upon motion received and filed and approved recommendation.
Lease Agreements - Dubuque Racing Association and Dubuque Casino Hotel, LLC: City
Manager recommending approval of a First Amendment to the Amended and Restated Lease
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Agreement between the City and the Dubuque Racing Association and the Second Amendment to
the Lease Agreement between the City and Dubuque Casino Hotel, LLC to add a legal description
for the footprint of the hotel, upon motion received and filed and approved recommendation.
Grand River Center Bid Package #3 Project: City Manager recommending acceptance of the
Grand River Center Bid Package #3 Project as completed by JP Cullen and Sons in the final
contract amount of $24,228,119, upon motion received and filed. Buol moved adoption of
Resolution No. 123-05 Accepting improvement and Resolution No. 124-05 Approving final contract
amount. Seconded by Nicholson. Motion carried 7-0.
685 West 32nd Street - Purchase of Property: City Manager recommending approval to purchase
a residential dwelling located at 685 West 32nd Street as part of the acquisition program associated
with expansion of the West 32nd Street Detention Basin, upon motion received and filed. Buol
moved adoption of Resolution No. 126-05 Approving the acquisition of real estate located at 685
West 32nd Street in the City of Dubuque. Seconded by Nicholson. Motion carried 7-0.
General Obligation Bond Issue - Series 2005A: City Manager recommending approval of the
final action necessary for the issuance of the General Obligation Bonds - Series 2005A in support
of stormwater projects, upon motion received and filed. Buol moved adoption of Resolution No.
127-05 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as
Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent and Bond
Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement and
Resolution No. 128-05 Authorizing and providing for the issuance of $1,750,000 General
Obligation Bonds, Series 2005A, and levying a tax to pay said bonds. Seconded by Nicholson.
Motion carried 7-0.
General Obligation Urban Renewal Bonds - Series 2005B: City Manager recommending
approval of the final action necessary for the issuance of the General Obligation Urban Renewal
Bonds - Series 2005B for projects in the Dubuque Industrial Center West, upon motion received
and filed. Buol moved adoption of Resolution No. 129-05 Appointing Wells Fargo Bank, National
Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent
and approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and
authorizing the execution of the Agreement and Resolution No. 130-05 Authorizing and providing
for the issuance of $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, and
levying a tax to pay said bonds. Seconded by Nicholson. Motion carried 7-0.
General Obligation Urban Renewal Taxable Bond Issue - Series 2005C: City Manager
recommending approval of the final action necessary for the issuance of the General Obligation
Urban Renewal Taxable Bonds - Series 2005C for projects in the Dubuque Industrial Center West,
upon motion received and filed. Buol moved adoption of Resolution No. 131-05 Appointing Wells
Fargo Bank, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar,
and Transfer Agent and approving the Paying Agent and Bond Registrar and Transfer Agent
Agreement and authorizing the execution of the Agreement and Resolution No. 132-05
Authorizing and providing for the issuance of $2,995,000 General Obligation Bonds, Taxable
Series 2005C, and levying a tax to pay said bonds. Seconded by Nicholson. Motion carried 7-0.
Mediacom Annual Report: Mediacom submitting their 2004 Annual Report, upon motion received
and filed.
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Citizen Communication: Communication from Sarah and Roger Poling expressing concerns
about a possible new road between 1615 Born Avenue and 1595 Born Avenue, upon motion
received and filed and referred to the City Manager. Mr. Poling spoke stating this possible new
road was a concern to him and his neighbors.
Printing and Mailing of Utility Bills: City Manager recommending discontinuing the use of an
outside service for the printing and mailing of utility bills, upon motion received and filed and
approved recommendation.
Computer System Upgrade: City Manager recommending approval of the purchase of the
Miscellaneous Receivable Module for the Sungard Pentamation computer system upgrade, upon
motion received and filed and approved recommendation.
Request to Purchase City-Owned Property: Communication from Richard J. Hartig, Grandview-
University, LLC, requesting to purchase a portion of a City street and alley abutting properties
located on Stewart Street, upon motion received and filed and referred to the City Manager.
Business License Refund: Request of the Dubuque Inn Corporation for a refund of their cigarette
license in the amount of $25.00, upon motion received and filed and approved refund.
Business Licenses: Buol moved adoption of Resolution No. 133-05 Granting the issuance of a
Class "B" Beer (6 Months) Permit to McAleece Park/Recreation Complex; and Class "C" Beer
Permit to 16th Street Auto Truck Plaza, Plaza 20 Amoco, and Paro Food Mart and Resolution No.
134-05 Granting the issuance of a Class "C" Beer/Liquor License to Copper Kettle, Olive Garden
Restaurant, Loras College and Whiskey River; Class "B" Wine Permit to Carroll's Wine Company;
and Class "WBN" Native Wine to National Mississippi River Museum. Seconded by Nicholson.
Motion carried 7-0.
Acquisition of Property: Corporation Counsel recommending approval of the acceptance of the
deed to certain real estate from Terrence J. and Linda M. Weidemann, upon motion received and
filed. Buol moved adoption of Resolution No. 135-05 Accepting the deed to certain real estate in
Dubuque County, Iowa from Terrence J. and Linda M. Weidemann. Seconded by Nicholson.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
2005 Asphalt Paving Project: City Manager recommending initiation of the bidding process for
the 2005 Asphalt Paving Project and setting a public hearing for May 2, 2005, upon motion
received and filed. Cline moved adoption of Resolution No. 136-05 Preliminary approval of plans
and specifications; Resolution No. 137-05 Fixing date of hearing on plans and specifications for
5/2/05 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. 138-05 Ordering bids
Seconded by Connors. Motion carried 7-0.
Fiscal Year 2006 Guardrail Replacement Program: City Manager recommending initiation of the
bidding process for the Fiscal Year 2006 Guardrail Replacement Program and that a public
hearing be set for May 2, 2005, upon motion received and filed. Cline moved adoption of
Resolution No. 139-05 Preliminary approval of plans and specifications; Resolution No. 140-05
Fixing date of hearing on plans and specifications for 5/2/05 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
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prescribed by law and Resolution No. 141-05 Ordering bids. Seconded by Connors. Motion
carried 7-0.
Sixth and Seventh Street Reconstruction and Washington Park Renovation Project: City Manager
recommending initiation of the bidding process for the Sixth and Seventh Street Reconstruction
and Washington Park Renovation Project and that a public hearing be set for May 2, 2005, upon
motion received and filed.
Communication from the Historic Preservation Commission generally in support of the project and
requesting certain modifications to the plans and specifications prior to bidding the project, upon
motion received and filed. Cline moved adoption of Resolution No. 142-05 Preliminary approval of
plans and specifications; Resolution No. 143-05 Fixing date of hearing on plans and specifications
for 5/2/05 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. 144-05 Ordering
bids. Seconded by Connors. Motion carried 7-0.
City Hall - Third Floor Structural Repair Project: City Manager recommending initiation of the
bidding process for the City Hall - Third Floor Structural Repair Project and that a public hearing
be set for May 16, 2005, upon motion received and filed. Cline moved adoption of Resolution No.
145-05 Preliminary approval of plans and specifications; Resolution No. 146-05 Fixing date of
hearing on plans and specifications for 5/16/05 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. 147-05 Ordering bids. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Marshall Park Rest Room Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids, and City Manager recommending award
of the contract for the Marshall Park Rest Room Project to Kluck Construction Company in the
amount of $130,585.23, upon motion received and filed. Cline moved adoption of Resolution No.
148-05 Adopting plans and specifications for the project and Resolution No. 149-05 Awarding
contract to Kluck Construction Company. Seconded by Buol. Motion carried 7-0.
Dubuque Industrial Center West Third Addition/Contract A Mass Grading Project: Proofs of
publication on notice of hearing on plans and specifications and notice to bidders on the receipt of
bids, and City Manager recommending award of the Dubuque Industrial Center West Third
Addition/Contract A Mass Grading Project to W.C. Stewart Construction, in the amount of
$3,092,815.32, upon motion received and filed. Cline moved adoption of Resolution No. 150-05
Adopting plans and specifications for the project and Resolution No. 151-05 Awarding contract to
W.C. Stewart Construction. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Request to Speak: Communication from Lois Bublitz and Dianna Stonskas requesting to address
the Council regarding the City's denial of their claims for damages related to a water main break,
upon motion received and filed and referred to the City Manager.
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Mrs. Bublitz spoke and clarified that the first water main break in 1985 caused a lot of damage
and this recent one caused even more. Her daughter Laura David spoke of the serious damage to
her mother's home. Dianna Stonskas spoke also of the considerable damage done to her home.
City Manager submitting information regarding the claims of Lois Bublitz and Dianna Stonskas,
upon motion received and filed.
Antique Fire Club: City Manager recommending approval of the disposal of a 1969 American
LaFrance fire engine by the Antique Fire Club and exploration of the restoration and funding of a
1948 Seagrave Tiller fire truck, upon motion received and filed and approved recommendation.
Fiscal Year 2006 Budget Submission for Five Flags Civic Center by SMG: City Manager
recommending approval of the Fiscal Year 2006 operating budget for Five Flags Civic Center as
submitted by SMG, upon motion received and filed and approved recommendation.
Non-Motorized Vehicle Ordinance: City Manager recommending approval of an amendment to
Chapter 46 of the Code of Ordinances to allow for the use of non-motorized vehicles in certain
areas in the downtown district, upon motion received and filed. Ordinance No. 26-05 Amending
the City of Dubuque Code of Ordinances Chapter 46, Vehicles for Hire and Public Transportation,
by adding a new Article I, Public Transportation by Non-Motorized Vehicles, providing for the
licensing and operation of non-motorized vehicles, 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. Seconded by
Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
At 7:10 P.M. upon motion Council moved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1)(c)(j) 2003 Code of Iowa and Collective Bargaining Strategy
-Iowa Code Chapter 20.17(3).,
At 7:41 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:42 P.M.
anne F. Schneider, CMC
City Clerk
1t 4/13
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