Minutes City Council 6 6 05
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, June 6, 2005
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Connors, Council Members Buol, Cline, Michalski, Nicholson, City
Manager Van Milligen, Corporation Counsel Lindahl
Absent: Mayor Duggan, Council Member Markham
Mayor Pro-TemConnors 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 Reverend Tim Bees, Pastor, First Baptist Church.
Proclamation: Dubuque Main Street Month received by Dubuque Main Street Council
representative Ann Michalski.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/2; Cable TV
Community Teleprogramming Commission of 5/3; Cable TV Regulatory Commission of 5/11; City
Council of 5/16; Civil Service of 4/8; Community Development Advisory Commission of 5/11;
Electrical Code Board of 5/23; Housing Code Appeals Board (Revised) of 8/17/04; Housing
Commission of 4/26; Park and Recreation Commission of 5/10; Transit Board of 5/12, upon motion
received and filed.
Proof of publications of City Council Proceedings of 3/21 and 5/2; and List of Claims and
Summary of Revenues for month ending March 31, 2005, upon motion received and filed.
Printed City Council Proceedings for March, 2005, upon motion received and filed and approved
as printed.
Notice of Claims/Suits: Laura Feldermann for vehicle damage; Elmer Flynn for property damage;
Linda Slaats for vehicle damage; Kathy Jo Steger, et al, vs. City of Dubuque; Vernon Van Cleve for
property 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: Laura Feldermann for
vehicle damage; Elmer Flynn for property damage; Patricia Ruden for personal injury; Kathy Jo
Steger for personal injury; Vernon Van Cleve for property damage, upon motion received and filed
and concurred.
Corporation Counsel recommending settlement of the claim of Linda Slaats for vehicle damage
and directing the Finance Department to issue payment, upon motion received and filed and
directed Finance Department to issue proper payment.
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Community Development Block Grant Program (CDBG): Communication from Congressman Jim
Nussle regarding funding for the Community Development Block Grant Program, upon motion
received and filed.
Long Range Planning Commission: Communication from Dave Rusk advising that he will not be
applying for reappointment to the Long Range Planning Commission, upon motion received and
filed.
Shot Tower Rehabilitation and Stabilization Project: City Manager recommending approval of a
contract with Hasbrouck Peterson Zimoch Sirirattumrong (HPZS) for the Shot Tower Rehabilitation
and Stabilization Project, upon motion received and filed and approved recommendation.
City of Sageville Annexation: City Manager communication to Ralph Dean, Mayor of the City of
Sageville, advising that the City of Dubuque objects to the three proposed annexations to the City
of Sageville, upon motion received and filed and approved communication.
Lease Agreement with Miller Enterprises of Dubuque, Inc., d/b/a The Busted Lift: City Manager
recommending approval of a lease with Miller Enterprises of Dubuque, Inc., d/b/a The Busted Lift,
for approximately a five month period for outdoor service, upon motion received and filed and
approved recommendation.
155 East Fifth Street: Historic Preservation Commission recommending approval of the request
to demolish the brick warehouse (formerly Stealth Racing) as requested by the City of Dubuque,
upon motion received and filed and approved recommendation.
Tax Assessment Appeal – Stipulation of Settlement: Corporation Counsel submitting a Stipulation
of Settlement of a tax assessment appeal by Dubuque Golf and Country Club, upon motion
received and filed and approved settlement.
Community Partnership (cp2) Program – Fiscal Year 2006: City Manager recommending
approval of the recommendation of the Community Development Advisory Commission for
allocation of Community Partnership Program (cp2) funds, upon motion received and filed. Buol
moved adoption of Resolution No. 236-05 Authorizing the award of Community Partnership
Program (cp2) funds for Fiscal Year 2006. Seconded by Nicholson. Motion carried 5-0.
755 West 32nd Street: City Manager recommending approval of the purchase of property located
at 755 West 32nd Street as part of the acquisition program for expansion of the West 32nd Street
detention basin, upon motion received and filed. Buol moved adoption of Resolution No. 237-05
Approving the acquisition of real estate located at 755 West 32nd Street in the City of Dubuque.
Seconded by Nicholson. Motion carried 5-0.
745 Gillespie Street: City Manager recommending approval of the purchase of property located
at 745 Gillespie Street as part of the acquisition program for expansion of the West 32nd Street
detention basin, upon motion received and filed. Buol moved adoption of Resolution No. 238-05
Approving the acquisition of real estate located at 755 West 32nd Street in the City of Dubuque.
Seconded by Nicholson. Motion carried 5-0.
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Northeast Iowa School of Music: City Manager recommending approval of a grant agreement
with the Northeast Iowa School of Music to provide music lessons for four children as part of the
Uptown Recreation Program, upon motion received and filed and approved recommendation.
Dubuque County ISU Extension: City Manager recommending approval of a grant agreement
with Dubuque County ISU Extension to conduct recreation programs as part of the Uptown
Recreation Program, upon motion received and filed and approved recommendation.
Children’s Zoo Boosters: City Manager recommending approval of a lease renewal with the
Dubuque Children’s Zoo Boosters, Inc., for approximately ten acres of the former Roosevelt Park
to operate the Storybook Hill Children’s Zoo, upon motion received and filed and approved
recommendation.
Operating Engineers Union – Petition for Bargaining Unit Amendment: City Manager
recommending approval of a modification to the Stipulation of Bargaining Unit for the Operating
Engineers Union to include the position of Lab Technician I, upon motion received and filed and
approved recommendation.
Asbury Road Widening Project: City Manager recommending acceptance of the Asbury Road
Widening Project as completed by Portzen Construction, Inc. in the final contract amount of
$59,165.50, upon motion received and filed. Buol moved adoption of Resolution No. 239-05
Accepting the widening of Asbury Road at the Northwest Arterial Project and Resolution No. 240-
05 Approving final estimate. Seconded by Nicholson. Motion carried 5-0.
Radford Road – Acceptance of Warranty Deed: City Manager recommending approval of the
acceptance of a warranty deed for a right-of-way purchase on Radford Road to accommodate an
additional lane for right-turn movements into the new middle school, upon motion received and
filed. Buol moved adoption of Resolution No. 241-05 Accepting the deed to certain real estate in
Dubuque County, Iowa from Dubuque Community School District. Seconded by Nicholson. Motion
carried 5-0.
Healthy Homes Grant Application: City Manager recommending approval of an application to the
U.S. Department of Housing and Urban Development (HUD) for an approximate $900,000 Healthy
Homes Initiative demonstration project grant for the Washington Neighborhood Revitalization area,
upon motion received and filed and approved recommendation.
Child Care Lasts a Lifetime Campaign: City Manager recommending approval for the City of
Dubuque to be listed as a partner on the Empowerment proposal being submitted to the Iowa
State University for funding and technical assistance to assist communities in hosting a Quality
Child Care Forum, upon motion received and filed and approved recommendation.
Economic Development Administration – Amendment #2: City Manager recommending approval
of Amendment #2 to the contract with the Economic Development Administration for a six month
extension to either demolish or provide a re-use proposal for the Adams Company building, upon
motion received and filed. Buol moved adoption of Resolution No. 242-05 Authorizing the
execution of Project Amendment #2 to a contract with the Economic Development Administration.
Seconded by Nicholson. Motion carried 5-0.
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Washington Court (Dubuque Casket Factory): City Manager submitting information on funding
for the Washington Court (Dubuque Casket Factory) project and providing an update on
construction of a park in the area, upon motion received and filed.
Mediacom Reply to the City’s FCC Opposition Filing: City Manager transmitting information on
Mediacom’s latest filing regarding its FCC Petition to declare the presence of “Effective
Competition” in Dubuque, upon motion received and filed.
Collective Bargaining Agreement – Teamsters Local Union No. 421: City Manager recommending
approval of the collective bargaining agreement between the City and the Teamsters Local Union
No. 421 for the contract period beginning July 1, 2005 through June 30, 2006, upon motion
received and filed. Buol moved adoption of Resolution No. 243-05 Approving the agreement
between the City of Dubuque, Iowa and the Teamsters Local Union No. 421 and authorizing the
Mayor to sign the agreement. Seconded by Nicholson. Motion carried 5-0.
Collective Bargaining Agreement – Dubuque Police Protective Association: City Manager
recommending approval of the collective bargaining agreement between the City and the Dubuque
Police Protective Association for the contract period beginning July 1, 2005 through June 30, 2008,
upon motion received and filed. Buol moved adoption of Resolution No. 244-05 Approving the
agreement between the City of Dubuque, Iowa and the Dubuque Police Protective Association and
authorizing the Mayor to sign the agreement. Seconded by Nicholson. Motion carried 5-0.
RFP Engineering Services – Locust and Iowa Street Parking Ramps: City Manager
recommending approval of the issuance of a request for proposal for the engineering services
related to structural repairs to the Locust Street and Iowa Street Parking Ramps, upon motion
received and filed and approved recommendation.
Library Board of Trustees: Communication from Mary Strom advising that she will not be
reapplying to serve on the Carnegie Stout Public Library Board of Trustees and recommending
consideration of Beverly Kolz, upon motion received and filed.
Purchase of Service Agreement with St. Stephen’s Food Bank: City Manager recommending
approval of a Purchase of Service Agreement with St. Stephen’s Food Bank in the amount of $700
for the Deer Management Food Program, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Project Concern, Inc. – Foster Grandparent Program: City
Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc.
in the amount of $5,435 for the Foster Grandparent Program, upon motion received and filed and
approved recommendation.
Purchase of Service Agreement with the Retired and Senior Volunteer Program: City Manager
recommending approval of a Purchase of Service Agreement with the Retired and Senior
Volunteer Program in the amount of $7,341, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Project Concern, Inc. – Information and Referral and Child
Care Referral: City Manager recommending approval of a Purchase of Service Agreement with
Project Concern, Inc. in the amount of $24,339 for the Information and Referral Program plus a
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payment of $8,576 for the Child Care Referral Program, upon motion received and filed and
approved recommendation.
Purchase of Service Agreement with Operation: New View: City Manager recommending
approval of a Purchase of Service Agreement with Operation: New View in the amount of $16,708,
upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.: City Manager
recommending approval of a Purchase of Service Agreement with Helping Services of Northeast
Iowa, Inc. in the amount of $2,023, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Greater Dubuque Development Corporation: City Manager
recommending approval of a Purchase of Service Agreement with Greater Dubuque Development
Corporation in the amount of $130,125 including $90,125 for economic development services,
$40,000 for marketing of the City’s industrial parks, and $35,000 towards a partnership with
Dubuque Initiatives to be used to partially assist in funding a new position for Dubuque area retail
expansion services which will now be part of the Greater Dubuque Development Corporation
Purchase of Service Agreement, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Dubuque Main Street, Ltd.: City Manager recommending
approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., in the amount of
$43,966, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Dubuque Area Lifetime Center: City Manager
recommending approval of a Purchase of Service Agreement with Dubuque Area Lifetime Center
in the amount of $25,000, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Dubuque Area Labor Management Council: City Manager
recommending approval of a Purchase of Service Agreement with Dubuque Area Labor
Management Council in the amount of $15,503, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and
Visitors Bureau: City Manager recommending approval of a Purchase of Service Agreement with
the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of
$644,886, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with Washington Neighborhood Tool Library: City Manager
recommending approval of a Purchase of Service Agreement with the Washington Neighborhood
Tool Library in the amount of $15,500, upon motion received and filed and approved
recommendation.
Purchase of Service Agreement with Substance Abuse Services Center: City Manager
recommending approval of a Purchase of Service Agreement with Substance Abuse Services
Center in the amount of $12,762, upon motion received and filed and approved recommendation.
Purchase of Service Agreement with America’s River Corporation: City Manager recommending
approval of a Purchase of Service Agreement with America’s River Corporation in the amount of
$10,000, upon motion received and filed and approved recommendation.
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Mediacom: Communication from Mediacom advising that their customers in the City of Dubuque
will be offered a limited tier of service beginning July 1, 2005, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 245-05 Granting the issuance of one
new permit to sell cigarettes and cigarette papers within the City to Hy-Vee Wine and Spirits;
Resolution No. 245A-05 Granting the issuance of fifty-one (51) renewal permits to sell cigarettes
and cigarette papers within the City; Resolution No. 246-05 Granting the issuance of a Class “B”
Beer Permit to Pizza Hut of Dubuque (2075 JFK Road and 320 East 20th Street); and Class “B”
Beer (5 Day Special Event) Permit to Dubuque Jaycees (Tent A, B, and C) and Dubuque Rotary
Club; and Resolution No. 247-05 Granting the issuance of a Class “C” Beer/Liquor License (One
Day Outdoor Service) to Clarke College; and Class “C” Beer/Liquor License to Creslanes Bowling,
Paul’s Tavern, Dubuque Bowling Lanes and The Busted Lift; and Class “B” Wine of Ooh La La.
Seconded by Nicholson. Motion carried 5-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Lease Agreement between the City of Dubuque and Peninsula Gaming Company, L.L.C.;
Second Amendment to Amended and Restated Lease Agreement between the City of Dubuque
and Dubuque Racing Association, Ltd.; Settlement Agreement between Peninsula Gaming
Company, L.L.C. and the City of Dubuque; City Manager recommending that a public hearing be
set for June 20, 2005 to consider approval of a lease agreement between the City of Dubuque and
Peninsula Gaming Company, L.L.C. and the Second Amendment to Amended and Restated
Lease Agreement between the City of Dubuque and Dubuque Racing Association and City
Manager recommending approval of a Settlement Agreement between Peninsula Gaming
Company, L.L.C. and the City of Dubuque, upon motion received and filed. Cline moved
adoption of Resolution No. 248-05 Of intent to dispose of an interest in real property by
amendment to lease with Dubuque Racing Association, Ltd. and Resolution No. 249-05 Of intent
to dispose of an interest in real property by lease agreement with Peninsula Gaming Company,
L.L.C., with public hearing for 6/20/05 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. Seconded
by Nicholson. Motion carried 5-0.
Five Flags Theater Tuckpointing Project – Initiate: City Manager recommending initiation of the
bidding process for the Five Flags Theater Tuckpointing Project and that a public hearing be set for
July 5, 2005, upon motion received and filed. Cline moved adoption of Resolution No. 250-05
Preliminary approval of plans and specifications; Resolution No. 251-05 Fixing date of hearing on
plans and specifications for 7/5/05 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. 252-05 Ordering bids. Seconded by Nicholson. Motion carried 5-0.
Grandview Avenue Concrete Section Repair Project – Initiate: City Manager recommending
initiation of the bidding process for the Grandview Avenue Concrete Section Repair Project and
that a public hearing be set for July 5, 2005, upon motion received and filed. Cline moved
adoption of Resolution No. 253-05 Preliminary approval of plans and specifications; Resolution
No. 254-05 Fixing date of hearing on plans and specifications for 7/5/05 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. 255-05 Ordering bids. Seconded by Nicholson.
Motion carried 5-0.
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Electrical Code Board (Five 3-year terms through 5/21/08 – Terms of Dixon, Hammel, Pfohl,
Pregler, Reiss) Applicants: James Dixon, Elaine Reiss. No one spoke.
Historic Preservation Commission (Three 3-year terms through 7/1/08 – Langworthy District
[Mozena], Architect/At-Large [Wand], and Old Main District [Berzins] Applicants: Christopher
Wand, Mirdza Erika Berzins. No one spoke.
Investment Oversight Advisory Commission (One 3-year term through 7/1/08 – Term of
Spielman) Applicant: Charles Spielman No one spoke.
Library Board of Trustees (Five 5-year terms through 7/1/09 – Felderman, Shubatt, Smith, Strom,
Tully) Applicants: Diann Guns, Beverly Kolz, Michael Shubatt, Kristin Smith. Michael Shubatt
spoke clarifying his request to hold over a couple of the four year terms so that the Library Board
would have more staggered expiration dates. Diann Guns, Beverly Kolz and Michael Shubatt all
spoke requesting consideration for appointment.
Communication from Michael Shubatt regarding the Carnegie Stout Public Library Board of
Trustees, presented and read.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Water Works Park Development (Phase I) Project: Proofs of publication on notice of hearing on
the plans and specifications and notice to bidders and City Manager recommending award of the
contract for the Water Works Park Development (Phase I) Project to Portzen Construction, Inc., in
the amount of $649,200, upon motion received and filed. Buol moved adoption of Resolution No.
256-05 Adopting plans and specifications and Resolution No. 257-05 Awarding contract.
Seconded by Nicholson. Motion carried 5-0.
Gateway Landscaping Project: Proofs of publication on notice of hearing and notice to bidders
for the Gateway Landscaping Project and City Manager recommending award of the contract to
Portzen Construction, Inc., in the amount of $742,400, upon motion received and filed. Buol moved
adoption of Resolution No. 258-05 Adopting plans and specifications and Resolution No. 259-05
Awarding contract. Seconded by Nicholson. Motion carried 5-0.
Pyatigorsk Park Development Project: Proofs of publication on notice of hearing and notice to
bidders and City Manager recommending award of the contract for the Pyatigorsk Park
Development Project to Tricon General Construction in the amount of $259,600, upon motion
received and filed. Buol moved adoption of Resolution No. 260-05 Adopting plans and
specifications and Resolution No. 261-05 Awarding contract. Seconded by Nicholson. Motion
carried 5-0.
Lindberg Terrace and Eagle Street Sanitary Sewer Extension: Proofs of publication on notice of
hearing and notice to bidders and City Manager recommending award of the contract for the
Lindberg Terrace and Eagle Street Sanitary Sewer Extension Project to McDermott Excavating in
the amount of $56,388.81, upon motion received and filed. Michalski moved adoption of
Resolution No. 262-05 Adopting plans and specifications and Resolution No. 263-05 Awarding
contract. Seconded by Nicholson. Motion carried 5-0.
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Asbury Road Sidewalk Installation Project: Proofs of publication on notice of hearing and notice
to bidders and City Manager recommending award of the contract for the Asbury Road Sidewalk
Installation Project to Winger Construction in the amount of $50,766, upon motion received and
filed. Buol moved adoption of Resolution No. 264-05 Adopting plans and specifications;
Resolution No. 265-05 Awarding contract and Resolution No. 266-05 With respect to the adoption
of the Resolution of Necessity for the Asbury Road Sidewalk Installation Project. Seconded by
Nicholson. Motion carried 5-0.
Upon motion the rules were reinstated limiting discussion to Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater
Dubuque Development Corporation, to present the GDDC quarterly report, upon motion received
and filed. Rick Dickinson thanked the Council and staff for their support during these ten years of
his employment and specifically noted various programs to market Dubuque.
Bricktown Liquor License Renewal: City Manager transmitting information regarding the number
of calls for service for Bricktown and recommending approval of a six month liquor license, upon
motion received and filed and approved a one year liquor license. Buol moved adoption of
Resolution No. 267-05 Granting the issuance of a Class “C” Beer/Liquor License to Cooper
Management LLC (Bricktown). Seconded by Nicholson. Motion carried 5-0.
Demolition Related to Downtown School: Historic Preservation Commission applauding the
efforts of City staff to provide options to demolition of historic structures related to development of
the downtown school and requesting that City Council direct the School Board to refrain from the
demolition of buildings and to use available surface parking in the area of the downtown school
site, upon motion received and filed.
Dubuque Metropolitan Area Solid Waste Agency (First Reading May 16, 2005): City Manager
recommending that the second reading of the Dubuque Metropolitan Area Solid Waste Agency’s
rezoning request be postponed until additional information can be obtained and an Ordinance
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located on Highway 20 West from AG Agricultural
District to LI Light Industrial District, upon motion tabled until additional information is obtained.
Sidewalk Café Ordinance: City Manager recommending approval of a revision to the sidewalk
café ordinance to require a four foot minimum width of unobstructed sidewalk with a straight travel
path to increase room for physically challenged persons and further recommending that anchored
fencing no longer be allowed, upon motion received and filed.
Scott Neuwoehner of Bricktown, spoke requesting consideration for a special setup of delineated
serving areas which would allow consideration for their protruding light poles.
An Ordinance Amending Chapter 41 Streets, Sidewalks and Other Public Places of the City of
Dubuque Code of Ordinances, presented and read. Buol moved that this be considered the first
reading of the Ordinance. Seconded by Michalski. Motion carried 5-0.
Northend Wrecking: City Manager submitting an update on enforcement issues at Northend
Wrecking and letters from Attorney Joseph J. Bitter on behalf of Roger Kunde requesting to lease
property if it is not available to buy, upon motion received and filed.
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City Council Strategic Planning - Fiscal Year 2007: City Manager requesting City Council
approval of proposed dates for the Fiscal Year 2007 strategic planning sessions, upon consensus
stated that the dates of September ih & 8th are the best for the Council Members present.
Best Development Award: City Manager advising that the City has received a Best Development
Award for the America's River Project and requesting that a representative be named to receive
the award, upon motion received and filed and named Council Member Michalski to attend the
Award Ceremony accompanied by Planning Services Manager Laura Carstens.
Barry A. Lindahl Recognition: City Manager advising that Corporation Counsel Barry A. Lindahl
has been selected to be a speaker at the Iowa State Bar Association Annual Meeting, upon motion
received and filed and congratulated him.
COUNCIL MEMBER REPORTS
Michalski stated that there is an increase in vehicle accidents downtown with drivers using
cellphones.
PUBLIC INPUT
Roger Kunde of Northend Wrecking, spoke thanking the Council Members for visiting his
business and inviting others. He mentioned he would like still like to buy the nearby property but
could understand if the City would lease it.
At 7:56 P.M. upon motion Council went into Closed Session re: Pending Litigation and Property
Acquisition - Chapter 21.5(1 )(c)U) 2005 Code of Iowa.
At 8:23 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:24 P.M.
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Karen M. Chesterman
Deputy City Clerk
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