Minutes Council 12 17 01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, December 17, 2001
Council met for dinner at 5:00 P.M. in the Library Rotunda
Council met in Special Session at 5:39 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Nicholson,
Mayor Duggan read the call and stated this is the special session of the City Council called for
the purpose of discussing the design of the Education and Conference Center at the Port of
Dubuque.
David Grice, HOK Venue, reviewed the design plans to date. Steve Ulstad of Ulstad Architects
spoke reviewing the landscape portion of the design. Jim Swords of HOK Venue spoke
reviewing the cost estimates.
Discussion ensued about the priorities of the alternatives and specifics and the time frame for
the various portions of construction with completion scheduled for October 2003.
There being no further business, upon motion meeting adjourned at 6:25 P.M.
/s/Jeanne F. Schneider
City Clerk
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 17, 2001
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Nicholson,
Mayor Duggan read the call and stated this is the regular session of the City Council called for
the purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Sister Margaret Jungers, OSF, Director of Shalom Retreat Center.
Michael Mullen, 1280 S. Grandview, spoke thanking Council Member Robbins for his years on
the Council. Mayor Duggan also spoke appreciatively of Robbins' many years of service as a
Council Member.
Minutes Submitted: Airport Commission of 11/26; Cable Community Teleprogramming
Commission of 12/4; City Council of 12/3 and 12/10; Civil Service Commission of 11/16 and 12/11;
Community Development Advisory Commission of 11/15; Electrical Code Board of 12/3; Historic
Preservation Commission of 11/15 and 12/10; Housing Commission of 11/27; Housing
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Commission Trust Fund of 11/29; Zoning Advisory Commission of 12/5; Zoning Board of
Adjustment of 11/29, upon motion received and filed.
Printed Council Proceedings for October, 2001, upon motion approved as printed.
Proof of publication for City Council Proceedings of November 13 and 19, 2001 and List of
Claims and Summary of Revenues for month ending October 31, 2001, upon motion received and
filed.
Finance Director submitting the Financial Reports for the month ending November 30, 2001,
upon motion received and filed.
Notice of Claims/Suits: Kelly Davis in estimated amount of $512.00 for vehicle damage; Farm
Bureau Insurance in undetermined amount for personal injury and property damage of Earl
Hinzmann; James Schumacher in estimated amount of $983.29 for vehicle damage; Robert Wild
in undetermined amount for property damage, upon motion referred to the Legal Staff for
investigation and report.
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: Kelly Davis for vehicle
damage; Carla Deutmeyer for personal injury; Dubuque Rescue Mission for property damage;
Dubuque Thunderbirds d/b/a Dubuque Hockey, Inc. for property damage; Kenneth Metz for
vehicle damage; James Schumacher for vehicle damage, upon motion received and filed and
concurred.
Corporation Counsel recommending settlement of the claim of Theresa Northouse in the amount
of $84.80 and that the Finance Director be authorized to issue a check in that amount, upon
motion received and filed and approved recommendation.
Corporation Counsel recommending denial of the claim of Virginia Bird for vehicle damage, upon
motion received and filed and concurred.
Grant Agreement with Northeast Iowa School of Music: City Manager recommending approval of
a grant agreement with Northeast Iowa School of Music as part of the Uptown Recreation
Program, upon motion received and filed and approved recommendation.
Civil Service Commission: Civil Service Commission submitting the certified list for the position
of Firefighter, upon motion received and filed and made a matter of record.
Multi-Unit Housing Assessment: Communication of City Manager to area legislators requesting
that they oppose legislation on multi-unit housing assessments, upon motion received and filed.
City Hall Interior Remodeling Project - Acceptance: City Manager recommending acceptance of
the City Hall Interior Remodeling Project in the final contract amount of $80,945.32, upon motion
received and filed. Buol moved adoption of Resolution No. 521-01 Accepting improvement and
Resolution No. 522-01 Approving final contract amount of $80,945.32. Seconded by Robbins.
Motion carried 7-0.
City Hall Exterior Remodeling Project - Acceptance: City Manager recommending acceptance of
the City Hall Exterior Remodeling Project in the final contract amount of $308,356.21, upon motion
received and filed. Buol moved adoption of Resolution No. 523-01 Accepting improvement and
Resolution No. 524-01 Approving final contract amount of $308,356.21. Seconded by Robbins.
Motion carried 7-0.
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Walker and Oneida Street Storm Sewer Replacement Project - Acceptance: City Manager
recommending acceptance of the Walker and Oneida Street Storm Sewer Replacement Project in
the final contract amount of $121,343.97, upon motion received and filed. Buol moved adoption of
Resolution No. 525-01 Accepting improvement and Resolution No. 526-01 Approving final
contract amount of $121,343.97. Seconded by Robbins. Motion carried 7-0.
Dubuque Regional Airport Air Service Building ADA Improvements - Acceptance: City Manager
recommending acceptance of the Dubuque Regional Airport Air Service Building ADA
Improvements Project in the final contract amount of $37,850, upon motion received and filed.
Buol moved adoption of Resolution No. 527-01 Accepting improvement and Resolution No. 528-
01 Approving final contract amount of $37,850. Seconded by Robbins. Motion carried 7-0.
Sanitary Sewer Reconstruction - Alley Between Rhomberg and Garfield from Dock to Fengler
Project - Acceptance: City Manager recommending acceptance of the Sanitary Sewer
Reconstruction - Alley Between Rhomberg and Garfield from Dock to Fengler Project in the final
contract amount of $104,713.82, upon motion received and filed. Buol moved adoption of
Resolution No. 529-01 Accepting improvement and Resolution No. 530-01 Approving final
contract amount of $104,713.82. Seconded by Robbins. Motion carried 7-0.
Fifth Street Ramp Improvements Project - Acceptance: City Manager recommending
acceptance of the Fifth Street Ramp Improvements Project in the final contract amount of
$415,062, upon motion received and filed. Buol moved adoption of Resolution No. 531-01
Accepting improvement and Resolution No. 532-01 Approving final contract amount of $415,062.
Seconded by Robbins. Motion carried 7-0.
Supplement No. 53 to the Code of Ordinances: City Manager recommending adoption of
Supplement No. 53 to the Code of Ordinances, upon motion received and filed. Buol moved
adoption of Resolution No. 533-01 Adopting Supplement No. 53 to the Code of Ordinances.
Seconded by Robbins. Motion carried 7-0.
Clark's Subdivision No. 2 - Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey of Clark's Subdivision No. 2 as requested by the City of Dubuque,
upon motion received and filed. Buol moved adoption of Resolution No. 534-01 Approving the
Plat of Survey of Clark's Subdivision No. 2 in the City of Dubuque, Iowa. Seconded by Robbins.
Motion carried 7-0.
Riprow Valley - Recreational Trails Grant: City Manager recommending approval of the
submission of a grant application for Recreational Trail Funds in the amount of $247,096 for
acquisition of land for the Riprow Valley Recreational Area, upon motion received and filed. Buol
moved adoption of Resolution No. 535-01 Authorizing a grant application to the Iowa Department
of Transportation for Recreational Trails Funds for acquisition of land in the Riprow Valley.
Seconded by Robbins. Motion carried 7-0.
Historic District Design Guidelines Grant Agreement: City Manager recommending approval of a
Preservation Services grant agreement for the Historic District Design Guidelines Manual, upon
motion received and filed and approved.
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Hughes Court Subdivision - Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey of Hughes Court Subdivision as requested by Schneider Land
Surveying, upon motion received and filed. Buol moved adoption of Resolution No. 536-01
Approving the Plat of Survey of Hughes Court Subdivision. Seconded by Robbins. Motion carried
7-0.
550 May Place - Demolition Permit Request: Historic Preservation Commission recommending
approval of a request from Loras College to demolish property located at 550 May Place to
provide parking for proposed student housing, upon motion received and filed and approved
recommendation.
1504 Henion Street - Demolition Permit Request: Historic Preservation Commission
recommending approval of a request from Loras College to demolish property located at 1504
Henion Street to provide parking for proposed student housing, upon motion received and filed
and approved recommendation.
1490 Henion Street - Demolition Permit Request: Historic Preservation Commission
recommending approval of a request from Loras College to demolish property located at 1490
Henion to provide parking for proposed student housing, upon motion received and filed and
approved recommendation.
1470 Henion Street - Demolition Permit Request: Historic Preservation Commission
recommending approval of a request from Loras College to demolish property located at 1470
Henion Street to provide parking for proposed student housing, upon motion received and filed
and approved recommendation.
Routley Center - Irrevocable License: City Manager recommending approval of a request from
Lowell Routley for an irrevocable license to install an entrance ramp and steps at the 13th Street
side of the Routley Center to facilitate access to two entrances, upon motion received and filed
and approved recommendation.
Human Rights Commission 2001 Annual Report: Communication from the Human Rights
Commission submitting their 2001 Annual Report, upon motion received and filed.
Series 2001 General Obligation Bond Sale: City Manager recommending the issuance of
$9,500,000 General Obligation Bonds, Series 2001 in support of the America's River Project,
upon motion received and filed. Buol moved adoption of Resolution No. 538-01 Appointing Wells
Fargo Bank Iowa, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond
Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer
Agent Agreement and authorizing the execution of the Agreement and Resolution No. 537-01
Authorizing and providing for the issuance of $9,500,000 General Obligation Bonds, Series 2001,
and levying a tax to pay said bonds. Seconded by Robbins. Motion carried 7-0.
Series 2002 General Obligation Bond Sale: City Manager recommending the issuance of
$2,860,000 General Obligation Bonds, Series 2002 in support of the America's River Project,
upon motion received and filed. Buol moved adoption of Resolution No. 539-01 Appointing
Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, to serve as Paying Agent,
Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer
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Agent Agreement and authorizing the execution of the Agreement and Resolution No. 540-01
Authorizing and providing for the issuance of $2,860,000 General Obligation Bonds, Series 2002,
and levying a tax to pay said bonds. Seconded by Robbins. Motion carried 7-0.
Ruscilli/McGraw-Hill Subordination Agreement: Corporation Counsel recommending approval of
a Subordination Agreement as submitted by National City Bank as provided for in the
Development Agreement with Ruscilli Development Co., Ltd. and the McGraw-Hill Companies,
Inc., upon motion received and filed and approved agreement.
Dubuque County Law Enforcement Center- Irrevocable License: City Manager recommending
approval of a request from Prism Corporation on behalf of Dubuque County for an irrevocable
license to install a tie-back system beneath Central Avenue - this item removed from the Agenda.
Business Licenses: Buol moved adoption of Resolution No. 541-01 Granting issuance of a
Class "B" Beer Permit to UAW Local #94 and Class "C" Beer Permit to Iowa Potato and Produce
House and IOCO Speede Shoppe and Resolution No. 542-01 Granting issuance of a Class "LB"
(Hotel/Motel) Liquor License to Hoffman House Restaurant/3100 Club, Julien Inn, and Holiday Inn
Five Flags; and Class "C" Beer/Liquor License to Michael's Bar X, Ryan House, Ten Pin Tap, The
Moracco, The White House, Copper Kettle, The Fannie Stout House, and Pepper Sprout.
Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS: Interview for the following Board/Commission: Human Rights
Commission (Three vacancies for terms through 1/1/05 - Blau, Determan, and Sutton).
Applicants: Sr. Corine Murray, PBVM; Lou Oswald; Bill Ross. Sr. Corine Murray, Lou Oswald
and Bill Ross all spoke requesting consideration for appointment. Upon motion it was resolved to
keep the interview process open through the next Council Meeting.
Appointment to the following Commission: Environmental Stewardship Advisory Commission
(One unexpired term through 10/01/04). Applicant: John Nemmers. Upon motion Mr. Nemmers
appointed.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
3030 Brunskill Road - Rezoning Request: Proof of publication on notice of hearing to consider
rezoning property located at 3030 Brunskill Road from PUD Planned Unit Development District to
R-1 Single-Family Residential District as requested by Paula Behr, American Realty/Patzer
Investments, LLC, and Zoning Advisory Commission recommending approval, upon motion
received and filed. Paula Behr spoke in favor of the proposed zoning change. Ordinance No. 79-
01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 3030 Brunskill Road from PUD Planned
Unit Development District to R-1 Single-Family Residential District, 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 Markham. Motion
carried 7-0.
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Dubuque Yacht Basin Lease Amendments: Proof of publication on notice of hearing regarding
amendments to three lease agreements between the City and Dubuque Yacht Basin to extend the
termination dates and City Manager recommending approval, upon motion received and filed.
Communication from Art Gilloon, representing the Dubuque Yacht Basin, clarifying the Lease
Amendments and Public Works Director Mike Koch confirming that the City agrees with the
clarification, upon motion received and filed. Markham moved adoption of Resolution No. 543-01
Approving Fourth Amendment to Lease Agreement (April 8, 1970) between Dubuque Yacht Basin,
Inc., and the City of Dubuque; Resolution No. 544-01 Approving Second Amendment to Lease
Agreement (February 5, 1974) between Dubuque Yacht Basin, Inc., and the City of Dubuque, and
Resolution No. 545-01 Approving Fourth Amendment to Lease Agreement (November 23, 1987)
between Dubuque Yacht Basin, Inc., and the City of Dubuque. Seconded by Cline. Motion
carried 7-0.
Main Street Opening from 5th to 9th - Award of Contract: 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 opening of Main Street from 5th Street to 9th
Street to Portzen Construction, Inc., in the amount of $1,864,870.39, presented and read.
Communication from Thomas G. Bond, Dubuque TV Limited Partnership, expressing opposition
to the proposed assessment to his property at 744 Main Street, upon motion received and filed.
Communication from Michael J. Kielty, Banner Investments, in opposition to the proposed street
assessment for his property at 799 Main Street, presented and read.
Communication of David W. Leifker regarding Town Clock Plaza, presented and read.
Petition from property owners (13) in support of reopening Main Street and their proposed
assessments, presented and read.
A Resolution adopting plans and specifications for the project; a Resolution amending
preliminary schedule of assessments for Main Street Reconstruction Project - 5t" to 9th Streets; a
Resolution with respect to the adoption of the Resolution of Necessity proposed for the Main
Street Reconstruction, 5t" to 9th Streets; and a Resolution awarding contract to Portzen
Construction, Inc. in the amount of $1,864,870.39, presented and read. Cline moved to receive
and file the proofs and communications and adopt the Resolutions. Seconded by Nicholson. No
vote taken on the motion.
Becky Sisco, 1205 Pamela Ct., spoke in favor of opening the Town Clock Plaza to through traffic
with a stop light at Fifth and Main and other considerations.
Dan LoBianco of Dubuque Main St. spoke in support of reopening on behalf of many property
owners downtown, citing the fact that the design is good and bid extremely favorable.
Karla Berns, Provost and as a representative of the Northeast Iowa Community College Board
of Trustees, spoke stating that the Board of Trustees reaffirmed their earlier position that the
Plaza should remain closed.
Thad Gavin, a Partner of Banner Investments, an assessed property, spoke in favor of opening
but questioned the amount of the assessments.
Mike Portzen, of Portzen Construction, the firm with the most favorable bid, spoke stating that he
had bid this project in good faith and was disappointed to learn that the project needed a three-
fourth vote to go forward.
Jim Gruber, 3103 Asbury, spoke objecting to the possible reopening of the Plaza.
Bob Felderman, 1980 Marion, spoke requesting that that the Council open the Plaza and award
the contract.
Discussion ensued about the bid being good for only 30 days with the next Council Meeting
being 32 days. Mr. Portzen said he would extend the bid for that extra amount of time.
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Buol moved to close the public hearing and table this matter to the January 7th Council meeting
and extend the construction time frame accordingly. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Iowa Friends of Extension Award: Beverly Berna and Ellen Spurlock, Field Specialists from the
Dubuque County Extension Office, presented David Harris and Joleen Patterson with Iowa
Friends of Extension Award. Upon motion the Council commended Housing and Community
Development Director David Harris and Housing Rehabilitation Supervisor Joleen Patterson.
Sanitary Sewer Connection Policy: City Manager recommending approval of revisions to the
City's policy for establishing limits on sanitary sewer connection costs, upon motion received and
filed and approved recommendation.
Jaeger Heights Subdivision No. 2 - Final Plat: City Manager recommending approval of the
final plat of Jaeger Heights Subdivision No. 2 with conditions, upon motion received and filed.
Robbins moved adoption of Resolution No. 546-01 Approving Lots 3 and 4 of Block 5, Lots 4
through 10 of Block 6, Lot D of Block 6, and Lots 1 through 15 of Block 7 of Jaeger Heights
Subdivision No. 2, in the City of Dubuque, Iowa. Seconded by Buol. Motion carried 6-0 -
Nicholson out of the Chambers briefly.
Transition for the Imposition of Taxes and Annexation Areas: Communication from Corporation
Counsel Barry Lindahl regarding the transition for the imposition of taxes after property has been
annexed to the City and communication from Art and Karen Rokusek, Kim Sanford, and Tom and
Charlotte Pfeiffer regarding the imposition of property taxes, upon motion received and filed.
Ice Harbor Urban Renewal District: City Manager recommending adoption of a Resolution of
Necessity finding that an Amendment to the Urban Renewal Plan for the Ice Harbor Urban
Renewal District is necessary, upon motion received and filed. Markham moved adoption of
Resolution No. 547-01 of Necessity finding that an amendment to the Urban Renewal Plan for the
Ice Harbor Urban Renewal District is necessary in the interest of the residents of the City of
Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0.
Port of Dubuque - Brownfields Assessment Demonstration Pilot Program: City Manager
recommending approval of an application to the U.S. Environmental Protection Agency for
participation in the Brownfields Assessment Demonstration Pilot Program for the Port of Dubuque
area, upon motion received and filed. Robbins moved adoption of Resolution No. 548-01
Authorizing the filing of a proposal for the Brownfields Assessment Demonstration Pilot Program
for environmental assessments in the Port of Dubuque. Seconded by Markham. Motion carried 7-
0.
Stormwater Management - Drainage Basin Plan and Stormwater Management Plan: City
Manager recommending adoption of the City of Dubuque Drainage Basin Master Plan (DBMP)
and authorization to prepare Requests for Proposals for a corridor study to establish the alignment
of the Bee Branch basin flood control channel, upon motion received and filed.
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Discussion ensued about the 20 year duration of the storm water utility, the loss of 70 homes,
and the time frame for the proposed Plan.
Nicholson moved adoption of Resolution No. 548-01 Adopting the City of Dubuque Drainage
Basin Master Plan, authorizing a Request for Proposals for a corridor study to establish the
alignment of the flood control channel recommended in the Drainage Basin Master Plan.
Seconded by Buol. Carried by the following vote: Yeas--Buol, Cline, Markham, Michalski,
Nicholson, Robbins. Nays--Duggan.
ITEMS TO BE SET FOR PUBLIC HEARING
White Street Reconstruction Project - Initiate: City Manager recommending initiation of the
bidding process for the White Street Reconstruction Project and City Manager recommending that
a public hearing be set for January 21, 2002, upon motion received and filed. Buol moved
adoption of Resolution No. 550-01 Preliminary approval of plans and specifications; Resolution
No. 551-01 Fixing date of hearing on plans and specifications; Resolution No. 552-01 Resolution
of Necessity; Resolution No. 553-01 Fixing date of hearing on Resolution of Necessity for 1/21/02
at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner
prescribed by law; Resolution No. 554-01 Approving preliminary schedule of assessments;
Resolution No. 555-01 Ordering bids. Seconded by Markham. Motion carried 7-0.
Jaycee Trail - Initiate: City Manager recommending initiation of the bidding process for the
Jaycee Trail Project and City Manager recommending that a public hearing be set for January 21,
2002, upon motion received and filed. Buol moved adoption of Resolution No. 556-01
Preliminary approval of plans and specifications; Resolution No. 557-01 Fixing date of hearing
on plans and specifications for 1/21/02 at 6:30 P.M. in the public library auditorium and that the
City Clerk publish notice in the manner prescribed by law and Resolution No. 558-01 Ordering
bids. Seconded by Markham. Motion carried 7-0.
Port of Dubuque Utility Relocation Project Phase II - Initiate: City Manager recommending
initiation of the bidding process for the Port of Dubuque Utility Relocation Project Phase II and
City Manager recommending that a public hearing be set for January 21, 2002, upon motion
received and filed. Buol moved adoption of Resolution No. 559-01 Preliminary approval of plans
and specifications; Resolution No. 560-01 Fixing date of hearing on plans and specifications for
1/21/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the
manner prescribed by law and Resolution No. 561-01 Ordering bids. Seconded by Markham.
Motion carried 7-0.
Watermain and Road Extension from Chavenelle Road at Radford Road to the Industrial Park:
City Manager recommending that a public hearing be set for January 21, 2002 on the acquisition
of land to construct the Chavenelle Road Watermain Extension and for the extension of
Chavenelle Road, upon motion received and filed. Buol moved adoption of Resolution No. 562-01
Setting a time and place for public hearing on a proposed public improvement project to construct
the Chavenelle Road watermain extension and to acquire property for the extension of Chavenelle
Road, and to acquire agricultural land for the project and that the public hearing be 1/21/02 at
6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner
prescribed by law. Seconded by Markham. Motion carried 7-0.
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City Manager recommending approval of a Purchase Agreement with Vincent and Louella
McFadden for acquisition of property for the extension of Chavenelle Road and watermain
extension, upon motion received and filed and approved recommendation.
There being no further business, upon motion meeting adjourned at 8:11 P.M.
It 12/26
/s/Jeanne F. Schneider
City Clerk
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