7 5 05 City Council Mintes
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Tuesday, July 5, 2005
Council met in Regular Session at 6:30 P.M., Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Duggan, 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 Council.
Invocation was given by Reverend Nick March, Associate Pastor of Resurrection Church.
Proclamation: United Way Campaign Time (August 3 - October 31, 2005) received by Mike
Donahue
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 6/20; Cable TV Regulatory Commission
of 6/28; City Council of 6/20 and 6/27, upon motion received and filed.
Proofs of publication of City Council Proceedings of June 6 and 13, 2005, upon motion received
and filed.
Notice of Claims/Suits: Patricia A. Ruden for personal injury, upon motion received and filed and
referred to Legal for investigation.
Corporation Counsel recommending denial of the claims of Lynn Lang for vehicle damage;
Jeffrey W. Robbins for property damage; and Jill Seymour for property damage, upon motion
received and filed and concurred.
Human Rights Commission: Communication from Gary McAlpin advising that he is resigning
from the Human Rights Commission, upon motion received and filed.
Long Range Planning Commission: Communication from Michael E. Portzen advising that he
will not be applying for reappointment to the Long Range Planning Commission, upon motion
received and filed.
Citizen Communication: Communication from Robin Kennicker regarding Olympic Heights and
the proposed development in that area, upon motion received and filed and referred to the City
Manager.
Substance Abuse Policy: City Manager recommending approval of the City's Substance Abuse
Policy as a part of the City's drug and alcohol testing and substance abuse prevention program,
upon motion received and filed and approved recommendation.
Grant Agreement - Four Mounds Foundation: City Manager recommending approval of the grant
agreement with the Four Mounds Foundation to provide the Day Camp Program as part of the
summer Uptown Recreation Program, upon motion received and filed and approved
recommendation.
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Consulting and Actuarial Services Agreement: City Manager recommending approval of the
Amendment to the Administrative Services Agreement with Gallagher Benefit Services for benefit
consulting and actuarial services through June 30, 2007, upon motion received and filed and
approved recommendation.
Clarke College Construction Agreement: City Manager recommending approval of improvements
to the student and pedestrian crossing corridor on Clarke Drive between the Atrium building and
the Kehl Center with Clarke College being responsible for construction costs and taking
responsibility for extraordinary snow removal and maintenance costs, upon motion received and
filed and approved recommendation.
Community Development Block Grant Agreement: City Manager recommending approval of a
Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing
and Urban Development in the amount of $1,398,731 for the program year beginning July 1,2005,
upon motion received and filed. Buol moved adoption of Resolution No. 291-05 Authorizing
execution of a Community Development Block Grant Agreement with the U.S. Department of
Housing and Urban Development. Seconded by Nicholson. Motion carried 7-0.
Contract for Ride-Along Training: City Manager recommending approval of a contract with
Northeast Iowa Community College for the Fire Department to provide preceptorships for students
in the college's EMS training programs, upon motion received and filed and approved
recommendation.
City of Dubuque / Dubuque Community School District Lease Agreement: City Manager
recommending approval of a lease between the City of Dubuque and the Dubuque Community
School District for rental of the former Kephart's Music Center for the temporary relocation of
Engineering staff during the City Hall third floor structural repairs, upon motion received and filed
and approved recommendation.
Phase V Architectural/Historical Survey/Evaluation: Historic Preservation Commission submitting
the Phase V Architectural/Historic Survey/Evaluation final report, upon motion received and filed.
Dubuque Industrial Center West Third Addition - Final Plat: Zoning Advisory Commission
recommending approval of the final plat of the Dubuque Industrial Center West Third Addition,
upon motion received and filed. Buol moved adoption of Resolution No. 292-05 Approving the
final plat of Lots 1 thru 4, and Lots A, B, and C of Dubuque Industrial Center West 3rd Addition in
the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Asbury Road Widening: City Manager recommending acceptance of the Widening of Asbury
Road at the Northwest Arterial Project and approving the final contract in the amended amount of
$68,045.60, which includes $4,500 incentive compensation to Portzen Construction, Inc., upon
motion received and filed. Buol moved adoption of Resolution No. 293-05 Amending Resolution
No. 239-05 Accepting the Widening of Asbury Road at the Northwest Arterial Project and
approving the final contract amount. Seconded by Nicholson. Motion carried 7-0.
City of Sageville - Voluntary Annexation: Notice from the City Development Board that the
hearing on the City of Sageville's voluntary annexation will be at 10:00 a.m. on July 13, 2005, upon
motion received and filed.
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Cultural and Entertainment District: Communication to Anita Walker of the Iowa Department of
Cultural Affairs urging her support to allow current historic preservation projects located in
Dubuque's Cultural and Entertainment District to be eligible for the $4 million in state historic tax
credits designated for CED properties, upon motion received and filed and approved
recommendation.
City Manager Employment Agreement: Submittal of the Fourteenth Amendment to the City
Manager's Employment Agreement for approval, upon motion received and filed and approved
recommendation.
Lease Agreement - Dubuque Yacht Basin: City Manager recommending approval of a new lease
between the City and Dubuque Yacht Basin for placement of a sign for Catfish Charlie's
Restaurant, upon motion received and filed and approved recommendation.
Ecumenical Towers: Communication/petition from Sr. Mary Patricia Conlon, Administrator of
Ecumenical Towers, regarding concerns with the traffic patterns on Sixth Street and City Manager
submitting information regarding the communication/petition from Sr. Mary Patricia Conlon,
Administrator of Ecumenical Towers, upon motion received and filed.
Superfine, Inc. / Jackson Films, Inc.: City Manager recommending approval of a request from
Superfine, Inc. / Jackson Films, Inc. to film a documentary on City-owned property, upon motion
received and filed and approved recommendation.
Business Licenses: Buol moved adoption of Resolution No. 294-05 Granting the issuance of 11
renewal permits to sell cigarettes and cigarette papers within the City; Resolution No. 295-05
Granting the issuance of a Class liB" Beer Permit to Colts Drum and Bugle Corps; Class "B" Beer
(5-Day Special Event) to Dubuque Jaycees (Tents A, B and C) and Dubuque Area Labor
Management Council (Tent C); and Class "C" Beer Permit to Cedar Cross Amoco and Oky Doky
#14 and Resolution No. 296-05 Granting the issuance of a Class "C" Beer/Liquor License to
Walnut Tap, Fischer Lanes, Knicker's Saloon, Airport Inn, Murph's Southend Tap and Courtside
Sports Bar; Class "B" Wine Permit to Basket Expressions; and Class "C" Liquor (5-Day Special
Event) to Dubuque Area Labor Management Council (Tents A and B). Seconded by Nicholson.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
The following item was removed from the Agenda due to the request of the applicant.
Finley Hospital - Request to Vacate: City Manager recommending that a public hearing be set
for July 18, 2005 to consider a request from John E. Knox, The Finley Hospital, and Richard Hartig,
Hartig USA Drug Stores, to vacate and purchase a portion of North Grandview Avenue and
portions of adjacent alleys between Delhi Street and University Avenue; Resolution of intent to
dispose of City interest in Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2,
and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque
County, Iowa; Resolution of intent to vacate and dispose of City Interest in Lots C and D of
Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa.
Rosedale Avenue Reconstruction Project: City Manager recommending initiation of the bidding
process for the Rosedale Avenue Reconstruction Project and that a public hearing be set for
August 1,2005, upon motion received and filed. Markham moved adoption of Resolution No.
297 -05 Preliminary approval of plans and specifications; Resolution No. 298-05 Fixing date of
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hearing on plans and specifications for 8/1/05 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. 299-05 Of
Necessity; Resolution No. 300-05 Fixing date of hearing on Resolution of Necessity for 8/1/05 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. 301-05 Approving preliminary
schedule of assessments. Seconded by Cline. Motion carried 7-0.
Nowata Street Reconstruction Project: City Manager recommending initiation of the bidding
process for the Nowata Street Reconstruction Project and that a public hearing be set for August 1,
2005, upon motion received and filed. Markham moved adoption of Resolution No. 302-05
Preliminary approval of plans and specifications; Resolution No. 303-05 Fixing date of hearing on
plans and specifications for 8/1/05 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. 304-05 Of Necessity; Resolution No. 305-05 Fixing date of hearing on Resolution of Necessity
for 8/1/05 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. 306 Approving
preliminary schedule of assessments. Seconded by Cline. Motion carried 7-0.
Synergy Court DICW - Street and Utilities Construction Project: City Manager recommending
initiation of the bidding process for the Synergy Court DICW - Street and Utilities Construction
Project and that a public hearing be set for August 1, 2005, upon motion received and filed.
Markham moved adoption of Resolution No. 307-05 Preliminary approval of plans and
specifications; Resolution No. 308-05 Fixing date of hearing on plans and specifications for 8/1/05
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. 309-05 Ordering bids.
Seconded by Cline. Motion carried 7-0.
Granger Creek Interceptor Sewer Extension Connection Fee: City Manager recommending that a
public hearing be set for August 1, 2005 to consider establishment of the Granger Creek
Interceptor Sewer Extension Connection Fee, upon motion received and filed. Markham moved
adoption of Resolution No. 310-05 Providing for the notice of the date, time and place of a public
hearing on an ordinance establishing a connection fee for the Granger Creek Interceptor Sewer
Extension, and set public hearing for 8/1/05 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 Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Library Board of Trustees (Five 4-year
terms through 7/1/09 - Felderman, Shubatt, Smith, Strom, Tully) (Tabled from 6/20/05 Meeting) -
Mayor Appointment Applicants: Diann Guns, Beverly Kolz, Michael Shubatt, Kristin Smith
Upon motion, Diann Guns and Beverly Kolz appointed to the four year terms which will expire
7/1/09. Upon motion, the terms of Michael Shubatt and Kristin Smith are to be extended an
additional two years, resulting in their terms expiring 7/1/07. Upon motion the following was tabled
to the next meeting: the addition of Council Member Cline to the Library Board to fill the vacancy
left by Board Member Felderman.
Park and Recreation Commission (Three 3-year terms through 6/30/08 - terms of Blocklinger,
Daykin and Schrobilgen) Applicants: Tom Blocklinger, Evelyn Nadeau, Matthew Lundh, Richard
Vorwald, Kim Daykin Upon vote, Tom Blocklinger and Kim Daykin were reappointed and Evelyn
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Nadeau appointed to the Park and Recreation Advisory Commission for three year terms which will
expire 6/30/08.
Communication from Mary Fuhrman in support of the application of Evelyn Nadeau for the Park
and Recreation Commission, upon motion received and filed.
TV Cable Community Teleprogramming Commission (One vacant 3-year term through 6/30/06,
one vacant 3-year term through 3/30/07, three 3-year terms through 6/30/08 - terms of Everist,
Hoverman and one vacant) Applicant: Pauline J. Maloney. Upon motion Pauline J. Maloney
was appointed to the TV Cable Community Teleprogramming Commission for a term to expire
6/30/08.
Zoning Advisory Commission (Three 3-year terms through 7/1/08 - terms of Christ, Schiltz and
Smith) Applicants: Martha E. Christ, Richard J. Schiltz, Ron Smith Upon motion Martha E.
Christ, Richard J. Schiltz, and Ron Smith reappointed to three year terms on the Zoning Advisory
Commission which will expire 7/1/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Vacating Petition: Proof of publication on notice of hearing to consider a request from Nathan
Boyes to vacate and dispose of a sanitary sewer easement over Lot 29 Emerald Acres NO.2 in the
City of Dubuque and City Manager recommending approval, upon motion received and filed. Buol
moved adoption of Resolution No. 311-05 Disposing of interest and vacating a sanitary sewer
easement over part of Lot 29 Emerald Acres No.2 in the City of Dubuque, Dubuque County, Iowa.
Seconded by Nicholson. Motion carried 7-0.
Tri-State Industries - Development Agreement: Proof of publication on notice of hearing to
consider approval of a Development Agreement by and between the City of Dubuque and Heller
Family Realty Company, LLC for the sale and private development of Lot 3 of Dubuque Industrial
Center West 3rd Addition and City Manager recommending approval, upon motion received and
filed. Markham moved adoption of Resolution No. 312-05 Approving a Development Agreement
providing for the sale and private development of Lot 3 of Dubuque Industrial Center West 3rd
Addition in the City of Dubuque, Iowa, to the Heller Family Realty Company, LLC. Seconded by
Nicholson. Motion carried 7-0.
Five Flags Theater Tuckpointing Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders and City Manager recommending that the one bid received for
the Five Flags Theater Tuckpointing Project be rejected, upon motion received and filed. Cline
moved adoption of Resolution No. 313-05 Rescinding Resolution Number 250-05 giving
preliminary approval of plans and specifications for the Five Flags Theater Tuckpointing Project.
Seconded by Michalski. Motion carried 7-0.
Grandview Avenue Concrete Section Repair Project: Proof of publication on notice of hearing on
the plans and specifications and notice to bidders and City Manager recommending that the public
bidding process for the Grandview Avenue Concrete Section Repair Project be re-initiated as no
bids were received and that a public hearing be set for July 18, 2005, upon motion received and
filed. Michalski moved adoption of Resolution No. 314-05 Preliminary approval of plans and
specifications; Resolution No. 315-05 Fixing date of hearing on plans and specifications for 7/18/05
at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to
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publish notice in the manner prescribed by law; and Resolution No. 316-05 Ordering bids.
Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Exterior Storage Containers: City Manager communication regarding exterior storage containers
and request of Steward Sandstrom, President and CEO of the Dubuque Area Chamber of
Commerce to address the Council regarding the regulation of exterior storage containers, upon
motion received and filed and directed that this issue be brought back with recommendations at
the December 5, 2005 Council Meeting.
Greater Dubuque Development Corporation: Communication from Rick Dickinson, Director of the
Greater Dubuque Development Corporation, requesting that the Mayor, City Manager, Economic
Development Director and two City Council Members (currently John Markham and Patricia Cline)
be reappointed to serve on the Greater Dubuque Development Corporation Board of Directors,
upon motion received and filed and reappointed the current members.
Update of Zoning and Subdivision Ordinances: City Manager recommending that a work session
on the update of the Zoning and Subdivision Ordinances be scheduled for August 1 or August 15
from 4:00 p.m. to 6:00 p.m., upon motion received and filed and set work session for 8/15/05.
PUBLIC INPUT
Walt Pregler spoke of his concerns with the Chaplain Schmitt Memorial which had been
dedicated in 1967 and has been left to depreciate. He stated he hoped something could be done
for it and requested that it be moved to a more prominent place.
At 7:27 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)U) 2005 Code of Iowa.
At 7:44 P.M. Council reconvened Regular Session stating staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 7:45 P.M.
/J~4X~~
~nne F. Schneider, CMC
City Clerk
1 t 7/13
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