8 1 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 1,2005
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members 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 Council.
Invocation was given by Loren Hirschy, Senior Pastor, Word of Life Church.
Proclamation: Responsible Gaming Education Week (August 1 - 5,2005) received by
Shannon Gaherty and Carrie Tedore
Appointment/Swearing In of City Council Member for the Second Ward: Upon vote, Roy D.
Buol was appointed and sworn in as City Council Member for the Second Ward until the
November election.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/24; City
Council of 7/18; Housing Commission of 6/25; Park and Recreation Commission of 7/12;
Zoning Advisory Commission of 7/6
Proof of publication of City Council Proceedings of July 5,2005, upon motion received and
filed.
Printed City Council Proceedings for April, 2005, upon motion received and filed and approved
as printed.
Notice of Claims/Suits: Clarence Armbruster (for son Richard Kremer) for personal injury;
Daniel Fairchild/Teresa Boxleiter for property damage; Brendan Forrest for vehicle damage;
Interstate Power and Light for property damage; Mark Stone for vehicle damage; Mary
Weidenbacher for property damage; Federal National Mortgage Association vs. City of
Dubuque, et ai, 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: Gregory A. Carew for
personal injury; Barbara M. Deppe for vehicle damage; Daniel Fairchild/Teresa Boxleiter for
property damage; Brendan Forrest for vehicle damage; Interstate Power and Light for property
damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Mark Stone for vehicle damage
and directing Finance Department to issue payment, upon motion received and filed and
approved recommendation and Finance Department to issue payment.
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Corporation Counsel recommending denial of the claim of Yolanda Feldman-Brauer for
property damage, upon motion received and filed and approved recommendation.
MCC Iowa LLC - Letter of Credit: City Manager recommending approval of a Consent to the
Amendment to MCC Iowa LLC's Letter of Credit from $100,000 to $25,000 pursuant to the
recently adopted Franchise Agreement between the City of Dubuque and MCC Iowa LLC, upon
motion received and filed and approved recommendation.
Purchase of Property: City Manager recommending approval of the purchase of a residential
dwelling located at 775 West 32nd Street as part of the acquisition program associated with
expansion of the West 32nd Street detention basin, upon motion received and filed. Michalski
moved adoption of Resolution No. 342-05 Approving the acquisition of real estate located at
775 West 32nd Street in the City of Dubuque. Seconded by Connors. Motion carried 7-0.
Iowa Individual Health Benefit Reinsurance Assessment: City Manager recommending
approval of the payment of the City's Iowa Individual Health Benefit Reinsurance Assessment
amount of the $34,426.15, upon motion received and filed and approved payment.
Engineering Contract Award - Iowa and Locust Street Parking Ramps: City Manager
recommending approval to award a contract to Desman Associates for engineering services for
restoration of the Locust and Iowa Street Parking Ramps in an amount not to exceed $98,000,
upon motion received and filed and approved recommendation.
2005 Curb Ramp Installation CDBG #1 Project: City Manager recommending acceptance of
the 2005 Curb Ramp Installation CDBG #1 Project as completed by Perry Construction in the
final contract amount of $18,020.55, upon motion received and filed. Michalski moved adoption
of Resolution No. 343-05 Accepting the 2005 Curb Ramp Installation - CDBG Project #1 and
Resolution No. 344-05 Approving final estimate. Seconded by Connors. Motion carried 7-0.
2004 Sanitary Sewer Lining Project: City Manager recommending acceptance of the 2004
Sanitary Sewer Lining Project as completed by Visu-Sewer Clean & Seal Company in the final
contract amount of $74,801.89, upon motion received and filed. Michalski moved adoption of
Resolution No. 345-05 Accepting the 2004 Sanitary Sewer Lining Project and Resolution No.
346-05 Approving final estimate. Seconded by Connors. Motion carried 7-0.
Dubuque Casino Hotel - Assignment of Parking Use Agreement and Lease Agreement: City
Manager recommending approval of an Assignment of the Parking Use Agreement between the
Dubuque Racing Association, Dubuque Casino Hotel and the City of Dubuque and an
Assignment of the Lease Agreement between Dubuque Casino Hotel and the City of Dubuque
to Dubuque Bank and Trust as security for a loan that Dubuque Bank and Trust has made to
Dubuque Casino Hotel LLC, upon motion received and filed and approved recommendation.
2005 Justice Assistance Grant: City Manager recommending approval and acceptance of the
2005 Justice Assistance Grant award in the amount of $40,704, upon motion received and filed
and approved recommendation.
Quarterly Investment Report: City Manager submitting the June 30, 2005 Quarterly Investment
Report, upon motion received and filed.
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GFOA Certificate of Achievement: City Manager advising that the City has received a
Certificate of Achievement Award from the Government Finance Officers Association (GFOA)
for the fiscal year ended June 30, 2004, upon motion received and filed.
Airport Commission: City Council Member Dan Nicholson submitting his resignation from the
Airport Commission effective immediately and communication from Corporation Counsel Barry
Lindahl regarding City Council membership on the Airport Commission, upon motion received
and filed and accepted resignation, with direction given to get Declaratory Ruling from District
Cou rt.
MCC Iowa LLC - Performance Bond: City Manager recommending approval of the Form of
Performance Bond submitted by MCC Iowa LLC as required by the Franchise Agreement
between the City of Dubuque and MCC Iowa LLC, upon motion received and filed and
approved recommendation.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the City's HOME Investment Partnership program has
been amended by extending the completion date and expanding the target area, as requested
by the City of Dubuque, upon motion received and filed.
City of Sageville Voluntary Annexation: Notice from the City Development Board advising that
the Sageville Voluntary Annexation will be considered at the City Development Board's regular
meeting on August 17, 2005, upon motion received and filed.
KeyLine Transit Bus Shelters: City Manager recommending approval of the selection of
Brasco International, Inc. as the vendor for the City to purchase three shelters for the downtown
trolley route and seven shelters for the KeyLine fixed route for a total amount of $39,670, upon
motion received and filed and approved recommendation.
Business Licenses: Michalski moved adoption of Resolution No. 347-05 Granting the
issuance of a Class "B" Beer Permit to Panchero's Mexican Grill and Resolution No. 348-05
Granting the issuance of a Class "C" Beer/Liquor License to Shannon's Bar, Tri-State Golf
Center and Taiko Japanese Restaurant; and a Special Class "C" Liquor License to Choo Choo
Charlies and Bell Tower Productions. Seconded by Connors. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Flora Park Water System Project: City Manager recommending initiation of the public bidding
process for the Flora Park Water System Project and that a public hearing be set for September
6, 2005, upon motion received and filed. Cline moved adoption of Resolution No. 349-05
Approving preliminary plans and specifications; Resolution No. 350-05 Setting date of hearing
on plans and specifications for 9/6/05 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. 351-05 Ordering bids. Seconded by Connors. Motion carried 7-0.
Five Flags Center HV AC - Phase II Project: City Manager recommending initiation of the
public bidding process for the Five Flags Center HVAC - Phase II Project and that a public
hearing be set for September 6, 2005, upon motion received and filed. Cline moved adoption
of Resolution No. 352-05 Approving preliminary plans and specifications; Resolution No. 353-
05 Setting date of hearing on plans and specifications for 9/6/05 at a meeting to commence at
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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. 354-05 Ordering bids. Seconded by Connors.
Motion carried 7-0.
Third Street Overpass Decorative Railing Installation Project: City Manager recommending
initiation of the public bidding process for the Third Street Overpass Decorative Railing
Installation Project and that a public hearing be set for September 6, 2005, upon motion
received and filed. Cline moved adoption of Resolution No. 355-05 Approving preliminary plans
and specifications; Resolution No. 356-05 Setting date of hearing on plans and specifications
for 9/6/05 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. 357-05
Ordering bids. Seconded by Connors. Motion carried 7-0.
Port of Dubuque Recognition Wall Project: City Manager recommending initiation of the public
bidding process for the Port of Dubuque Recognition Wall Project, approval of the names and
organizations that will be included in this recognition and that a public hearing be set for
September 6, 2005, upon motion received and filed and approved names and organizations.
Michalski moved adoption of Resolution No. 358-05 Approving preliminary plans and
specifications; Resolution No. 359-05 Setting date of hearing on plans and specifications for
9/6/05 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. 360-05 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
Boards/Commissions:
Mediacom Cultural Affairs Charitable Foundation Board (Two Council appointments):
Applicants: Richard Hall, John Woodin, Ellen Hartmann Henkels, and Rebecca Fabricius
(currently on Arts and Cultural Affairs Advisory Commission) Richard Hall, John Woodin, Ellen
Hartmann Henkels and Rebecca Fabricious all spoke requesting consideration for appointment.
Electrical Code Board (Three 3-year terms through 5/21/08 - Hammel, Pfohl, Pregler)
Applicant: Dan Hammel No one spoke.
Housing Commission (Three 3-year terms through 8/17/08 - Helling, Neustadt, Mozena)
Applicants: Anthony Allen, Alphonse H. Boge, Jr., William D. Helling, Julie A. LeClere, Angela
Mozena, Harry Neustadt William Helling spoke requesting consideration for appointment.
Human Rights Commission (One unexpired term through 1/1/08 - term of McAlpin)
Applicants: Mary Gassman, Marcos Rubinstein. Marcos Rubinstein spoke requesting
consideration for appointment.
Library Board of Trustees (One 4-year term through 7/1/09 - term of Felderman) (Mayor
Appointment) Applicant: Dennis Healy Dennis Healy spoke requesting consideration for
appointment.
Appointments to the following Boards/Commissions:
TV Cable Regulatory Commission (One unexpired 3-year term through 6/30/07 and two 3-year
terms through 6/30/08 - terms of Tigges and Webster) Applicants: Ronald Tigges, Walter
Webster Upon motion Mr. Tigges and Mr. Webster were both reappointed to three year terms
to expire 6/30/08.
TV Cable Community Teleprogramming Commission (Two 3-year terms through 6/30/08 -
terms of Everist and Hoverman, one unexpired term through 6/30/06 and one unexpired term
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through 6/30/07) Applicants: George P. Herrig, Sr. Carol Hoverman Upon motion Sr. Carol
Hoverman reappointed and George P. Herrig appointed to three year terms which will expire
6/30/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Granger Creek Interceptor Sewer Extension Connection Fee: Proofs of publication on notice
of hearing to consider the Granger Creek Interceptor Sewer Extension Connection Fees and
City Manager recommending approval; Communications from Charles Klein, 9634 Maquoketa
Drive; Rick M. Urbain, 9620 Maquoketa Drive; and Victor and Loretta Prevatt, 9617 Maquoketa
Drive in opposition to the proposed Granger Creek Sewer Connection Fees, upon motion
received and filed.
Ray Mueller requested clarification of the project.
Nick Goodmann spoke concerning the Granger Creek connection fee schedules and
requested a possible policy change to allow County residents to hook up to City sewer.
Tom Stierman spoke questioning the proposed scheduled cost.
Grace Mueller spoke in opposition of the fee.
Ordinance No. 46-05 Establishing a schedule of sewer connection fees for the connection of
property to the Granger Creek Sanitary Interceptor Sewer Extension, 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 6-1 with Cline voting Nay. Buol moved
final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-1
with Cline voting Nay. Staff was directed to send a letter to the affected homeowners clarifying
the connection fee and that it was not the first step towards annexation of their property.
Rosedale Avenue Reconstruction Project: Proofs of publication on notice of hearing on plans
and specifications and notice to notice to property owners, and City Manager recommending
adoption of the plans and specifications for the Rosedale Avenue Reconstruction Project, upon
motion received and filed.
Mike Mulgrew, 1694 Catherine, spoke objecting to the project.
Anthony Rokusek, 1168 Rosedale, spoke objecting to the project, citing inaccessibility to his
home during construction.
Cline moved adoption of Resolution No. 361-05 Adopting plans and specifications for the
project; Resolution No. 362-05 With respect to the adoption of the Resolution of Necessity
proposed for the Rosedale Avenue Reconstruction Project; and Resolution No. 363-05 Ordering
bids. Seconded by Connors. Motion carried 7-0.
Nowata Street Reconstruction Project: Proofs of publication on notice of hearing on plans and
specifications and notice to property owners, and City Manager recommending adoption of the
plans and specifications for the Nowata Street Reconstruction Project, upon motion received
and filed. Kathy Scremin, 1475 University Ave., spoke objecting for herself and her father, Larry
Hesse. Markham moved adoption of the Resolution No. 364-05 Adopting plans and
specifications for the project; Resolution No. 365-05 With respect to the adoption of the
Resolution of Necessity proposed for the Nowata Street Reconstruction Project; and
Resolution No. 366-05 Ordering bids. Seconded by Connors. Motion carried 7-0.
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Synergy Court DICW - Street and Utilities Construction 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 Synergy Court DICW - Street and
Utilities Construction Project to Top Grade Excavating, Inc., in the amount of $386,446.60, upon
motion received and filed. Cline moved adoption of Resolution No. 367-05 Adopting plans and
specifications for the project; Resolution No. 368-05 Awarding construction contract for the
Synergy Court DICW - Street and Utilities Construction Project; and Resolution No. 369-05
Approving construction contract with Top Grade Excavating, Inc. for the Synergy Court DICW -
Street and Utilities Construction Project. Seconded by Nicholson. Motion carried 7-0.
University Avenue Extension Project - Phase II: Proof of publication on notice of hearing on
the plans and specifications and City Manager recommending award of the contract for the
University Avenue Extension Project - Phase II, which was bid through the Iowa Department of
Transportation, to Horsfield Construction, Inc. in the amount of $880,000, upon motion received
and filed. Buol moved adoption of Resolution No. 370-05 Adopting plans and specifications;
Resolution No. 371-05 Awarding contract for the University Avenue Extension Project - Phase
II, PCC Pavement Project; and Resolution No. 372-05 Approving construction contract with
Horsfield Construction, Inc. for the University Avenue Extension - Phase II, PCC Pavement
Project. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Water Works Park: Communication from Rob McDonald, AY. McDonald Mfg. Co. Charitable
Foundation, requesting that the name of Water Works Park be permanently changed to AY.
McDonald Park in consideration for a $250,000 contribution towards construction of the park by
the AY. McDonald Mfg. Co. Charitable Foundation, upon motion received and filed and referred
to the City Manager to re-evaluate this process and the amount of money proposed for various
naming rights. The City Manager was also given authority to visit with the McDonald family and
come back with a recommendation.
Commissioner of Elections: Communication from Denise M. Dolan, Commissioner of
Elections, proposing that various precincts be combined for school board and City elections,
upon motion received and filed and concurred. County Auditor Denise Dolan spoke stating this
is a cost-saving measure for the City.
Upon motion the following was removed from the table.
409 Burch Street (Tabled from July 18, 2005 Meeting): City Manager submitting an update
on the progress being made on 409 Burch Street; City Manager recommending approval of the
initiation of eminent domain proceedings for the property located at 409 Burch Street;
communication from Joseph Bitter requesting that the City delay any further action regarding
the property at 409 Burch Street and a Resolution Authorizing the acquisition by eminent
domain of certain real property at 409 Burch Street, Dubuque, Iowa, owned by John White,
upon motion received and filed and tabled to September 6,2005.
Knob Hill Subdivision Sidewalk Installation: City Manager recommending concurrence on the
enforcement of sidewalk installation, as part of the Sidewalk Inspection Program, on properties
in the Knob Hill Subdivision that abut Fremont Avenue, as well as for any other subdivisions
with installation requirements or streets that were part of a street paving program but did not
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have sidewalk installed at the time of construction, upon motion received and filed and
concurred.
REAP Committee: City Manager recommending approval of the Fiscal Year 2006 Dubuque
County REAP Plan, submittal of the Fiscal Year 2006 REAP grant application of $200,000 for
Phase 1 of the Iowa 32 Bike/Hike Trail, and reaffirming Council Member Joyce Connors as the
City Council representative to the REAP Committee, upon motion received and filed and
reaffirmed Joyce Connors as Council representative to the REAP Committee. Cline moved
adoption of Resolution No. 373-05 Authorizing a REAP Grant Application to the Iowa
Department of Natural Resources for Phase I of Iowa 21 Bike/Hike Trail. Seconded by
Nicholson. Motion carried 7-0.
New Sidewalk Installation: Financial Assistance Funding Opportunity: City Manager
recommending approval of a revision to the sidewalk program to provide financial assistance for
new sidewalk installation costs for eligible low and moderate income, owner occupied
residential properties, upon motion received and filed and approved recommendation.
Weed Ordinance Revision: City Manager recommending approval of an amendment to the
Weed Ordinance to provide for notification by certified mail in order to comply with the
requirements in the Iowa Code, upon motion received and filed. Ordinance No. 47-05 Amending
City of Dubuque Code of Ordinances, Sec. 45-52 Notice to Owner to Remove and Sec. 45-54
Collection of Cost of Removal by City, 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.
Downtown Parking Meters: City Manager recommending approval of parking on certain
portions of Main Street, Ninth Street and 12th Street and the addition of sixteen parking meters
at these locations, upon motion received and filed.
Ordinance No. 48-05 Amending Section 32-262(d) of the Code of Ordinances of the City of
Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by deleting
portions of Ninth Street and Twelfth 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. Seconded by
Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Ordinance No. 49-05 Amending Section 32-262(f) of the Code of Ordinances of the City of
Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by deleting a
portion of Ninth 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. Seconded by Connors. Motion
carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Cooper Management Company, LLC - Outdoor Service Liquor Application: City Manager
submitting an update of police calls for service regarding Cooper Management Company, LLC
(Stonewall Lounge, Bricktown Brewery, Blackwater Grill and the Underground) located at 299
Main Street and recommending that the liquor application for an outdoor service be tabled to
September 6, 2005, communication from Scott Neuwoehner, Bricktown Brewery, requesting
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that the license be approved or the matter dismissed but not tabled, and a Resolution Granting
the issuance of a Class "C" Beer/Liquor (Outdoor Service) License to Bricktown/Stonewall
Lounge/Blackwater Grill, presented and read. Upon motion this matter was tabled to 9/6/05
with direction to look at safety issues of an outdoor service license at this busy intersection.
Contract and Bond Approval for Public Improvement Contracts: City Manager recommending
that he be authorized to approve executed contracts and bonds, upon review by the
Corporation Counsel, for public improvement projects, upon motion received and filed. Buol
moved adoption of Resolution No. 374-05 Authorizing the City Manager to approve public
improvement contracts and bonds. Seconded by Nicholson. Motion carried 7-0.
COUNCIL REPORTS
Council Member Michalski reported that Council Member Nicholson had been nominated as
President-Elect of the League of Iowa Cities.
PUBLIC INPUT
Dale Wilming, 2650 Shiras, addressed the Council regarding the amount of vehicles that use
Shiras Avenue as a race track and questioned why the speed limits and noise violations were
not being enforced.
There being no further business, upon motion meeting adjourned at 8:30 P.M.
/Jd44(~/~cW~~
0~~nne F. Schneider, CMC
City Clerk
1t 8/10
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