Minutes Council 3 4 02CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, March 4, 2002
Council met for Dinner at 5:00 P.M. in the Second Floor Library Rotunda.
Council met in Special Session at 5:30 P.M. in the Third Floor Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Michalski,
Mayor Duggan read the call and stated this is the special session of the City Council called
for the purpose of receiving an update on the Conference and Education Center.
Jim Swords, David Grice and Beth Harmon-Balm from HOK Venue, Steve Ulstad, Architect,
and Jim Kolf, Project Manager, were in attendance.
David Grice spoke and visually walked through the interior and exterior of the proposed
building, including wall and floor colors and coverings.
Council expressed concern regarding the carpet for the ballroom.
Council Member Michalski stressed meeting the new ADA Standards for handicapped
parking.
By consensus, Council gave approval on the proposed design of the Conference and
Education Center Building, with the exception of the final interior package.
There being no further business, upon motion meeting adjourned at 6:25 P.M.
/si Jeanne F. Schneider, CMC
City Clerk
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 4, 2002
Council met in Regular Session at 6:30 P.M. in the Third Floor Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Michalski,
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 Council.
Invocation was given by Pastor Tim Jeske of the Dubuque Bible Church.
Tom Berger, Mike Elliott and Al Wessels of the Dubuque County Firefighters Association
gave a Certificate of Appreciation to the City for the contribution to their Truck Fund.
CONSENT ITEMS
Minutes Submitted: City Council of 2/4, 2/6, 2/14, 2/18, 2/20, 2/21 and 2/25; Civil Service
of 2/3; Five Flags of 1/14; Library Board of 11/29 and 12/20; Plumbing Board of 2/14, upon
motion received and filed.
Proofs of publication of City Council Official Proceedings for 2/4, 2/6 and 2/14, upon motion
received and filed.
Notice of Claims/Suits: Christine M. Gross in estimated amount of $2,059 for vehicle
damage; Christine Kuhle in estimated amount of $179.55 for vehicle damage; John Noel in
undetermined amount for property damage; Bernard Weber in estimated amount of $12.99
for property damage; Lois Wubben in estimated amount of $88.37 for vehicle damage;
James VanVors in undetermined amount for personal injury; Jennifer Ziegler in estimated
amount of $375.00 for personal injury, 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: Christine Gross
for personal injury/vehicle damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Randy Rath for vehicle
damage in the amount of $662.10 and that the Finance Director issue payment, upon motion
received and filed and Finance Director to issue payment.
Corporation Counsel recommending that the claim of L & I Building Company for loss of
revenue be forwarded to Portzen Construction, Inc. for further processing, upon motion
received and filed and concurred.
Citizen Communications:
Communication from John Schreiber regarding the cable service rate increase, upon
motion received and filed and referred to the City Manager.
Communication of residents on Oak Street regarding the constant flow of dump trucks
disposing of their loads on the end of Oak Street, upon motion received and filed and
referred to the City Manager.
Legislative Correspondence: Communication of City Manager to State Representative
George Eichhorn requesting support of HF 2290 regarding the tax rate at the Dubuque
Greyhound Park & Casino, upon motion received and filed.
America's River - EDI Special Purpose Grant: City Manager recommending approval of
the admission of an Economic Development Initiative (EDI) Special Project Grant application
to the U.S. Department of Housing and Urban Development for the America's River Museum
on behalf of the Dubuque County Historical Society, upon motion received and filed. Buol
moved adoption of Resolution No. 99-02 Authorizing the filing of an Economic Development
Initiative (EDI) Special Project Application for the America's River Museum on behalf of the
Dubuque County Historical Society. Seconded by Markham. Motion carried 7-0.
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Iowa Department of Transportation: Communication from the Iowa Department of
Transportation advising that the State proposes to let a U.S. 20 bridge deck joint repair
project on the bridge between Dubuque and East Dubuque, upon motion received and filed.
Communication from the Iowa Department of Transportation advising of 2002 Public Input
Meetings around the State, upon motion received and filed.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the former Dubuque Young Men's Christian Association Building at 125 West
Ninth Street has been listed in the National Register of Historic Places, upon motion
received and filed.
Mediacom: Communication from Kathy McMullen, Area Manager of Mediacom, regarding
the discontinuation of high-speed Internet service to subscribers, upon motion received and
filed.
Key City Investment Company: Corporation Counsel submitting a Stipulation of Settlement
of a tax assessment appeal for property owned by Key City Investment Company located at
75 John F. Kennedy Road, upon motion received and filed.
Iowa League of Cities: Communication from the Iowa League of Cities advising that the
City of Dubuque was not selected to host the 2005 or 2006 Iowa League of Cities Annual
Conference and Exhibit and soliciting a bid for the 2007 Annual Conference, upon motion
received and filed.
Plat of Survey - Cypress, Wall and Washington Streets and Adjacent Alleys: City
Manager recommending approval of the plat of survey of Cypress, Wall and Washington
Streets and adjacent alleys in response to a State requirement, upon motion received and
filed. Buol moved adoption of Resolution No. 100-02 Approving plat of survey of a portion of
Cypress, Wall, and Washington Streets and adjacent alleys. Seconded by Markham.
Motion carried 7-0.
2000 Curb Ramp Installation - CDBG - Acceptance: City Manager recommending
acceptance of the 2000 Curb Ramp Installation - CDBG Project in the final contract amount
of $32,906.30, upon motion received and filed. Buol moved adoption of Resolution No. 101-
02 Accepting improvement and Resolution No. 102-02 Approving final estimate. Seconded
by Markham. Motion carried 7-0.
Salina Street Reconstruction - Acceptance: City Manager recommending acceptance of
the Salina Street Reconstruction Project in the final contract amount of $511,108.97, upon
motion received and filed. Buol moved adoption of Resolution No. 103-02 Accepting
improvement; Resolution No. 104-02 Approving final estimate and Resolution No. 105-02
Adopting the final assessment schedule for the Salina Street Reconstruction Project
including certain information required by the Code of Iowa, specifically, the number of annual
installments into which assessments are divided, the interest on all unpaid installments, the
time when the assessments are payable and directing the Clerk to certify the final schedule
and to publish notice thereof. Seconded by Markham. Motion carried 7-0.
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Five Flags Study: City Manager recommending approval of the selection of CSL
International to conduct the feasibility study and a community survey related to the Five
Flags Center, upon motion received and filed and approved recommendation.
Fiscal Year 2003 - 2007 Capital Improvement Program: Long Range Planning Advisory
Commission advising that they have reviewed the Fiscal Year 2003 - 2007 Capital
Improvement Program and find it to be consistent with the City's Comprehensive Plan, upon
motion received and filed.
28E Agreement for Fiber Optic Cable Relocation: City Manager recommending approval of
a 28E Agreement with Dubuque County for the fiber optic cable relocation project, upon
motion received and filed. Buol moved adoption of Resolution No. 106-02 Approving a 28E
Agreement with Dubuque County, Iowa for loan funds for fiber optic cable relocation.
Seconded by Markham. Motion carried 7-0.
Supplement No. 54 to the Code of Ordinances: City Manager recommending adoption of
Supplement No. 54 to the City of Dubuque Code of Ordinances, upon motion received and
filed. Buol moved adoption of Resolution No. 107-02 Adopting Supplement No. 54 to the
Code of Ordinances of the City of Dubuque, Iowa. Seconded by Markham. Motion carried
7-0.
Iowa Department of Transportation: Communication from Mayor Terry Duggan to Mark
Wandro, Iowa Department of Transportation, regarding the future of IA32, upon motion
received and filed.
Iowa-Northwestern Development Company: City Manager recommending acceptance of the
deed to certain real estate in Dubuque County, Iowa from Iowa-Northwestern Development
Company, upon motion received and filed. Buol moved adoption of Resolution No. 108-02
Accepting the deed to certain real estate in Dubuque County, Iowa from Iowa-Northwestern
Development Company. Seconded by Markham. Motion carried 7-0.
Downtown Rehabilitation Loan Agreement - Guy Gard and Ellen Willis: City Manager
recommending approval of an amendment to the Downtown Rehabilitation Loan Agreement
for Guy Gard (356 Main Street) and Ellen Willis (372 Main Street) to allow additional loans
for temporary shoring, upon motion received and filed. Buol moved adoption of Resolution
No. 109-02 Approving an amendment to the Downtown Rehabilitation Loan Agreements for
Guy Gard (356 Main Street) and Ellen Willis (372 Main Street). Seconded by Markham.
Motion carried 7-0.
Stormwater Management Community Planning Processes: Long Range Planning Advisory
Commission requesting that the City Council appoint Commissioner Charles Winterwood as
the Chairperson for the Bee Branch Corridor Study citizen input group and Commissioner
Mike Portzen to lead the stormwater utility citizen input group, upon motion received and
filed and appointed Charles Winterwood and tabled other action.
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GASB 34: City Manager recommending approval of Virchow, Krause & Company for GASB
34 Planning and Implementation Assistance, upon motion received and filed and approved
recommendation.
Business Licenses: Buol moved adoption of Resolution No. 110-02 Granting issuance of a
Class "C" Beer Permit to Clark Retail Enterprises, Inc. and Resolution No. 111-02 Granting
issuance of a Class "B" (Hotel/Motel) Beer/Liquor License to Days Inn and Class "C"
Beer/Liquor License to Galaxies, P.J.'s and the Yardarm. Seconded by Markham. Motion
carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Commission: Community Development Advisory Commission:
Three vacancies - Census Tract 2; Census Tract 5 (term of Dan Shireman); At-Large (term
of Walter Pregler). Applicants: Census Tract 5 - Dan Shireman; At-Large - Walter Pregler.
No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
White Street Reconstruction Project: Proof of publication on notice of hearing and City
Manager recommending adoption of the Resolution of Necessity for additional properties,
upon motion received and filed. Markham moved adoption of Resolution No. 112-02 With
respect to the adoption of the Resolution of Necessity proposed for the White Street
Reconstruction -21st to 32® Street Project. Seconded by Nicholson. Motion carried 7-0.
Amendment to the Riverfront Plan: Port of Dubuque Master Plan: Proof of publication on
notice of hearing and Long Range Planning Advisory Commission recommending that the
City Council adopt an amendment to the Riverfront Plan to include the Port of Dubuque
Master Plan, presented and read. A Resolution Amending Riverfront Plan to include Port of
Dubuque Master Plan, presented and read.
Amendment to the Ice Harbor Urban Renewal District: Master Plan and Design Standards:
Proof of publication on notice of hearing and City Manager recommending adoption of an
Amendment to the Urban Renewal Plan for the Ice Harbor Urban Renewal District, and
communication from the Long Range Planning Advisory Commission recommending
approval of the proposed amended and restated Urban Renewal Plan for the Ice Harbor
Urban Renewal District, presented and read. A Resolution Approving the amended and
restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, presented and
read.
Gordy Mills spoke in favor of the plan and urged adoption.
John Hendry of the Adams Company spoke requesting that attention be given to the
existing jobs and economic base currently in place in the Ice Harbor.
Jerry Enzler, of the Mississippi River Museum, spoke encouraging support of the Plan.
Sue Czeshinkski, Director of the Convention and Visitors' Bureau, spoke in support.
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Attorney Brian Kane, representing the Diamond Jo, spoke in support of the design
standards but expressed concern about applying standards to existing businesses, such as
the Diamond Jo. He asked the Council to confirm the continuing dialogue between the City
and the Diamond Jo as to working on unresolved items.
Laura Carstens, Planning Services Manager, stated that the Long Range Planning
Advisory Commission went on record with a commitment to continued dialogue between the
City and existing businesses and urged adoption of the plan.
Rick Dickinson, Executive Director of GDDC, spoke in support.
Buol moved that the proofs of publication and communication of the Long Range Planning
Commission and the City Manager be received and filed and moved adoption of Resolution
No. 113-02 Amendment of Riverfront Plan to include Port of Dubuque Master Plan and
Resolution No. 114-02 Approving the amended and restated Urban Renewal Plan for the Ice
Harbor Urban Renewal District. Seconded by Nicholson. Motion carried 6-0 with Mayor
Duggan removing himself from the discussion and vote.
Expansion of Giese Manufacturing, Inc. at the Dubuque Industrial Center West: Proof of
publication on notice of hearing to consider disposing of an interest in real property to Giese
Properties, L.L.C. and the Giese Manufacturing Company, Inc., and approval of a
Development Agreement, upon motion received and filed.
Rick Dickinson, Executive Director of the GDDC, spoke in support of this project.
Michalski moved adoption of Resolution No. 115-02 Approving a Development Agreement
Providing for the Sale of Property in the Dubuque Industrial Center West in the City of
Dubuque, Iowa, to Giese Properties, L.L.C. Seconded by Cline. Motion carried 6-0 with
Council Member Markham excusing himself from the discussion and vote.
Riprow Valley - Utility Extension 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 Riprow Valley - Utility Extension Project to
Horsfield Construction, Inc. in the amount of $77,973.40, upon motion received and filed.
Regina Thibeau spoke in support of the Riprow Valley projects.
Buol moved adoption of Resolution No. 116-02 Adopting plans and specifications for the
project and Resolution No. 117-02 Awarding contract to Horsfield Construction, Inc. in the
amount of $82,973.40. Seconded by Markham. Motion carried 7-0.
Riprow Valley - Demolition and Grading of Ballfield Site 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 Riprow Valley - Demolition
and Grading of Ballfield Site Project to Horsfield Construction, Inc. in the amount of
$108,928.15, upon motion received and filed. Michalski moved adoption of Resolution No.
118-02 Adopting plans and specifications for the project and Resolution No. 119-02
Awarding contract to Horsfield Construction, Inc. in the amount of $118,925.15. Seconded
by Nicholson. Motion carried 7-0.
C.J. Bies Subdivision - Request to Vacate Utility Easement: Proof of publication on notice
of hearing to consider a request from Tom Oster to vacate a ten-foot wide utility easement in
C.J. Bies Subdivision and City Manager recommending approval, upon motion received and
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filed. Markham moved adoption of Resolution No. 120-02 Disposing of interest and vacate
utility easement over Lots 4 and 5 of C.J. Bies Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
John Osterhaus - Address the Council: Request of John Osterhaus, 2530 Elm Street, to
address the Council regarding the proposed drainage system, upon motion received and
filed and referred to the City Manager. Mr. Osterhaus spoke requesting Council
consideration of extending the Bee Branch Storm Sewer to the Morrison property and back
to the bike trail and then on to the river.
Quebecor - Memorandum of Understanding and CEBA Application: City Manager
recommending approval of a Memorandum of Understanding between the City and
Quebecor and an application to the Iowa Department of Economic Development for a major
expansion of their Dubuque facility, upon motion received and filed.
Rich Dunn, General Manager of Quebecor, spoke requesting Council approval.
Cline moved adoption of Resolution No. 121-02 Approving a Memorandum of
Understanding with Quebecor World Dubuque, Inc. for an expansion in Dubuque and
Resolution No. 122-02 Authorizing the filing of a Community Economic Betterment Account
(CEBA) application on behalf of Quebecor World Dubuque, Inc. Seconded by Buol. Motion
carried 7-0.
Fourth Street Parking Ramp Operation: City Manager recommending approval of
operational protocol, equipment and fees for the Fourth Street Parking Ramp in anticipation
of its June 1, 2002 opening, upon motion received and filed and approved recommendation.
Local Housing Assistance Program Funds: City Manager recommending approval of an
application to the Iowa Department of Economic Development for Local Housing Assistance
Funds in the amount of $250,000 to assist Scott and Dawn Potter construct a 19 room SRO
facility on Garfield Avenue, upon motion received and filed and approved recommendation.
ITEMS TO BE SET FOR PUBLIC HEARING
Miller-Riverview Park Campsite Rewiring Project: City Manager recommending initiation of
the bidding process for the Miller-Riverview Campsite Rewiring Project and setting a public
hearing for April 1, 2002, upon motion received and filed. Michalski moved adoption of
Resolution No. 123-02 Preliminary approval of plans and specifications; Resolution No.
124-02 Fixing date of hearing on plans and specifications for 4/1/02 at a meeting to
commence 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. 125-02 Ordering bids. Seconded by
Nicholson. Motion carried 7-0.
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Chicago Street Sanitary Sewer Project: City Manager recommending acceptance of the
Chicago Street Sanitary Sewer Reconstruction Project in the final contract amount of
$93,178.80 and further recommending that a public hearing be set for April 1, 2002 on the
connection fees for the sanitary sewer, upon motion received and filed. Michalski moved
adoption of Resolution No. 126-02 Accepting improvement; Resolution No. 127-02
Approving estimate; Resolution No. 128-02 Adopting the preliminary schedule of final
assessments for the Chicago Street Sanitary Sewer Extension Project and Resolution No.
129-02 Providing for notice of the date, time and place for a public hearing on an Ordinance
establishing a schedule of connection fees for the Chicago Street Sanitary Sewer Extension
Project within the City of Dubuque, Iowa and that the Public Hearing be scheduled for 4/1/02
at a meeting to commence 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 Nicholson. Motion
carried 7-0.
Oak Street Sanitary Sewer Project: City Manager recommending acceptance of the Oak
Street Sanitary Sewer Reconstruction Project in the final contract amount of $93,738.94 and
further recommending that a public hearing be set for April 1, 2002 on the connection fees
for the sanitary sewer, upon motion received and filed. Michalski moved adoption of
Resolution No. 130-02 Accepting improvement; Resolution No. 131-02 Approving
estimate; Resolution No. 132-02 Adopting the preliminary schedule of final assessments for
the Oak Street Sanitary Sewer Extension Project and Resolution No. 133-02 Providing for
notice of the date, time and place for a public hearing on an Ordinance establishing a
schedule of connection fees for the Oak Street Sanitary Sewer Extension Project within the
City of Dubuque, Iowa, with said Public Hearing on 4/1/02 at a meeting to commence 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 Nicholson. Motion carried 7-0.
Fengler Street Bridge - Initiate: City Manager recommending initiation of the bidding
process for the Fengler Street Bridge Reconstruction Project and setting a public hearing for
April 1, 2002, upon motion received and filed. Michalski moved adoption of Resolution No.
134-02 Preliminary approval of plans and specifications; Resolution No. 135-02 Fixing
date of hearing on plans and specifications for 4/1/02 at a meeting to commence 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. 136-02 Ordering bids. Seconded by Nicholson.
Motion carried 7-0.
Chavenelle Road Extension - Initiate: City Manager recommending initiation of the bidding
process for the Chavenelle Road Extension Project and setting a public hearing for April 1,
2002, upon motion received and filed. Buol moved adoption of Resolution No. 137-02
Preliminary approval of plans and specifications; Resolution No. 138-02 Fixing date of
hearing on plans and specifications for 4/1/02 at a meeting to commence 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. 139-02 Ordering bids. Seconded by Michalski. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 8:36 P.M.
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It 3/13
/s/Jeanne F. Schneider, CMC
City Clerk
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