4 1 02 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, April 1, 2002
Council met in Regular Session at 6:30 P.M. in the 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 City Council.
Invocation was given by Reverend Terry Bemis, Pastor, Assembly of God Church.
Council offered a moment of silence in remembrance of slain French Council Members.
Proclamations: Community Development Week (April 1-7, 2002) received by Community
Development Commissioner Walt Pregler; Public Health Week (April 1-7, 2002) received by
The Finley Hospital representative Kathy Ripple; Building Safety Week (April 7-13, 2002)
received by City Building Services Manager Rich Russell, Fair Housing Month (April, 2002)
received by City Human Rights Director Kelly Larson.
CONSENT ITEMS
Minutes Submitted: Cable TV Regulatory Commission of 3/14; City Council of 3/14 and 3/18;
Community Development Advisory Commission of 3/14; Downtown Planning Committee of the
Long Range Planning Advisory Commission of 3/11; Enterprise Zone Commission of 3/15;
Housing Code Appeals Board of 11/20/01; Park and Recreation Commission of 3/12; Plumbing
Board of 3/12; Transit Trustee Board of 1/10, upon motion received and filed.
Proofs of publication of Council Proceedings of 3/4, 3/5 and 3/14; the Governing Board of the
Municipal Housing Agency of 3/5; and the List of Claims and Summary of Revenues for the
month ending 2/28/02, upon motion received and filed.
Notice of Claims/Suits: Karla Kipper in estimated amount of $85.44 for vehicle damage; John
Prochaska in undetermined amount for personal injury; Madonna Redmond in undetermined
amount for personal injury; Kevin T. Taggart in estimated amount of $719.98 for vehicle
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: John Prochaska for
personal injury; Madonna Redmond for personal injury; Kevin Taggart for vehicle damage,
upon motion received and filed and concurred with referrals.
Dubuque Golf and Country Club: Communication from the Dubuque Golf and Country Club
requesting permission to display fireworks on Thursday, July 4, 2002 on the Dubuque Golf and
Country Club grounds, upon motion received and filed and approved.
Iowa Department of Economic Development: City Manager recommending approval of a pre-
application for $50,000 to the Iowa Department of Economic Development's Community
Development Fund for the Downtown Master Plan, upon motion received and filed and
approved recommendation.
Shot Tower Restoration - Save America's Treasures Grant Application: City Manager
recommending approval of an application to the Save America's Treasures Program for the
Shot Tower restoration project, upon motion received and filed and approved recommendation.
Marshall Park - Plat of Survey: City Manager recommending approval of the Plat of Survey
for Marshall Park, which was completed to verify and establish the boundary lines in the field
for Marshall Park and the Arboretum, upon motion received and filed. Michalski moved
adoption of Resolution No. 178-02 Approving the plat of survey of SW ¼ SW ¼ NW ¼ of the
SE ¼ SW ¼ and the balance of Lot 1 of the S ¼ of the SE ¼ SW ¼ and the SW ¼ of the SW ¼
SE ¼, all in Section 10, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa. Seconded by
Cline. Motion carried 7-0.
Dubuque Regional Airport Entrance Road Reconstruction Project- Acceptance: City Manager
recommending acceptance of the Dubuque Regional Airport Entrance Road Reconstruction
Project in the final contract amount of $183,500.40, upon motion received and filed. Michalski
moved adoption of Resolution No. 179-02 Accepting improvement and Resolution No. 180-02
Approving final estimate. Seconded by Cline. Motion carried 7-0.
Fiscal Year 2002 Annual Action Plan - Amendment #3: City Manager recommending approval
of an amendment to the City's Community Development Block Grant (CDBG) Fiscal Year 2002
Annual Action Plan to provide additional funding for the Grand Opera House to create an
accessible restroom, upon motion received and filed. Michalski moved adoption of Resolution
No. 181-02 Approving Amendment 3 to the Fiscal Year 2002 (Program Year 2001) Annual
Action Plan for Community Development Block Grant funds. Seconded by Cline. Motion
carried 7-0.
Iowa Community Cultural Grant Program: Communication of City Manager to the Iowa
Community Cultural Grant Program in support of the Grand Opera House's application for an
Iowa Community Cultural Grant, upon motion received and filed and approved.
Federal Emergency Management Agency: Communication from the Federal Emergency
Management Agency regarding the City's application for permits from the Corps of Engineers
related to work in the Ice Harbor area, upon motion received and filed.
Aquila, Inc. / Peoples Natural Gas: Communication from Marv Oppedal, Director of
Community Relations for Aquila, Inc., advising that the name of Peoples Natural Gas/Energy
One has changed to Aquila, Inc., effective March 18, 2002, upon motion received and filed.
Wireless Data Transmission System Upgrade: City Manager recommending the approval of
Racom Parallel Decode System for upgrading the wireless data transmission system used in
conjunction with the patrol unit computers to transmit data to and from the marked patrol
vehicles, upon motion received and filed and approved.
Business Licenses: Michalski moved adoption of Resolution No. 183-02 Granting the
issuance of a license to sell Cigarettes and Cigarette Papers within the City to MNA Food Mart;
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Resolution No. 184-02 Granting issuance of a Class "B" Beer Permit to DubuqueFest and a
Class "C" Beer Permit to MNA Food Mart and Resolution No. 185-02 Granting issuance of a
Class "A" (Club) Liquor License to Dubuque Moose Lodge #355; and a Class "C" Beer/Liquor
License to Marco's, The Busted Lift, Tugboat Willys and West Dubuque Tap. Seconded by
Cline. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Carmel Drive - Request to Vacate: Proof of publication on notice of hearing and City
Manager recommending the disposal of a portion of Carmel Drive to the Sisters of Charity of
the Blessed Virgin Mary, upon motion received and filed. Cline moved adoption of Resolution
No. 186-02 Disposing of City interest in Lot 5A of Carmel Heights, Dubuque, Iowa. Seconded
by Nicholson. Motion carried 7-0.
Downtown Urban Renewal District: Proof of publication on notice of hearing and City Manager
recommending adoption of an amended and restated Urban Renewal Plan for the Downtown
Urban Renewal District to support reinvestment efforts in the Upper Main area and expansion
of the tax increment financing area boundaries for the Downtown Urban Renewal District and
communication from the Long Range Planning Advisory Commission supporting the Amended
and Restated Downtown Urban Renewal District, upon motion received and filed.
Bud Isenhart, 8908 Quail Ridge Road, spoke regarding the history of Tax Increment Financing
in the City of Dubuque.
Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, spoke
in support of the amended Urban Renewal District.
Dan LoBianco, Director of Dubuque Main Street Ltd., also spoke in support.
Markham moved adoption of Resolution No. 187-02 Approving the amended and restated
Urban Renewal Plan for the Downtown Dubuque Urban Renewal District. Seconded by
Michalski. Motion carried 7-0. Ordinance No. 26-02 Amending Ordinance No. 30-82,
providing that general property taxes levied and collected each year on all property located
within the amended and restated Downtown Dubuque Urban Renewal District of the City of
Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of
Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts,
be paid to a special fund for payment of principal and interest on loans, monies advanced to
and indebtedness, including bonds issued or to be issued, incurred by said City in connection
with the amended and restated Urban Renewal Plan for the Downtown Dubuque Urban
Renewal District, presented and read. Markham 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 Michalski. Motion carried 7-0.
Chicago Street Sanitary Sewer Extension Connection Fees: Proof of publication on notice of
hearing and City Manager recommending adoption of the connection fees for the Chicago
Street sanitary sewer extension project, upon motion received and filed. Ordinance No. 27-02
Establishing a schedule of sewer connection fees for the connection of property to the Chicago
Street Sanitary Sewer Extension Project, presented and read. Buol moved that the
requirement that a proposed Ordinance be considered and voted on for passage at two Council
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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 Nicholson. Motion
carried 7-0.
Oak Street Sanitary Sewer Extension Connection Fees: Proof of publication on notice of
hearing and City Manager recommending adoption of the connection fees for the Oak Street
sanitary sewer extension project, upon motion received and filed.
Dan Walker, 965 Oak St., spoke in opposition to the connection fees.
Ordinance No. 28-02 Establishing a schedule of sewer connection fees for the connection of
property to the Oak Street Sanitary Sewer Extension Project, 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 6-0 with Mayor Duggan temporarily out of the Chambers.
Miller-Riverview Park Campsite Rewiring 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 Miller-Riverview Park Campsite Rewiring Project to
Beichler Electric in the amount of $66,549.69, upon motion received and filed. Cline moved
adoption of Resolution No. 188-02 Adopting plans and specifications for the project and
Resolution No. 189-02 Awarding contract to Beichler Electric. Seconded by Nicholson.
Motion carried 7-0.
Fengler Street Bridge 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 Fengler Street Bridge Construction Project to
Taylor Construction, Inc., in the amount of $1,156,824.81, upon motion received and filed. Buol
moved adoption of Resolution No. 190-02 Adopting plans and specifications for the project and
Resolution No. 191-02 Awarding contract to Taylor Construction, Inc. Seconded by Cline.
Motion carried 7-0.
Chavenelle Drive 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 Chavenelle Drive Extension Project to Portzen Construction, Inc.,
in the amount of $538,208.43, upon motion received and filed. Cline moved adoption of
Resolution No. 192-02 Adopting plans and specifications for the project and Resolution No.
193-02 Awarding contract to Portzen Construction. Seconded by Nicholson. Motion carried 7-
0.
Upon motion the rules were reinstated limiting discussion to the Council.
ITEMS TO BE SET FOR PUBLIC HEARING
Five Flags Arena - Paint Ceiling and Walls - Initiate: City Manager recommending initiation
of the bidding process for the Five Flags Arena - Paint Ceiling and Walls Project and setting a
public hearing for May 6, 2002, upon motion received and filed. Buol moved adoption of
Resolution No. 194-02 Preliminary approval of plans and specifications; Resolution No. 195-
02 Fixing date of hearing on plans and specifications for 5/6/02 at 6:30 P.M. in the public library
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auditorium and that the City Clerk publish notice in the manner prescribed by law and
Resolution No. 196-02 Ordering bids. Seconded by Cline. Motion carried 7-0.
John F. Kennedy Road Reconstruction Project (at the Northwest Arterial) - Initiate: City
Manager recommending initiation of the bidding process for the John F. Kennedy Road
Reconstruction Project, at the Northwest Arterial, and setting public hearings for April 15, 2002
on the plans and specifications and for May 6, 2002 on the Resolution of Necessity, upon
motion received and filed. Buol moved adoption of Resolution No. 197-02 Preliminary approval
of plans and specifications; Resolution No. 198-02 Fixing date of hearing on plans and
specifications for 4/15/02 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. 199-02 of Necessity;
Resolution No. 200-02 Fixing date of hearing on Resolution of Necessity for 5~6~02 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. 201-02 Approving preliminary schedule of assessments.
Seconded by Cline. Motion carried 7-0.
City Hall Remodeling Project (First Floor Ceiling) - Initiate: City Manager recommending
initiation of the bidding process for the City Hall Remodeling Project (First Floor Ceiling) and
setting a public hearing for May 6, 2002, upon motion received and filed. Buol moved adoption
of Resolution No. 202-02 Preliminary approval of plans and specifications; Resolution No.
203-02 Fixing date of hearing on plans and specifications for 5~6~02 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. 204-02 Ordering bids. Seconded by Cline. Motion carried 7-0.
Amended and Restated Garfield Place Urban Revitalization Area Plan: City Manager
recommending that a public hearing be set for May 6, 2002 to consider an amended and
restated Garfield Place Urban Revitalization Area Plan that would add an adjoining lot to allow
property tax exemption for a proposed single-room occupancy (SRO) facility at 513 Garfield
Avenue and extend the duration of the plan, upon motion received and filed. Buol moved
adoption of Resolution No. 182-02 Setting a public hearing on a proposal to amend City of
Dubuque Ordinance 82-00 establishing the Garfield Place Urban Revitalization Area as an
Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, with said Public
Hearing on 5/6/02 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 Cline. Motion carried 7-0.
At 7:19 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition
- Chapter 21.5(1)(j) 2001 Code of Iowa. Seconded by Cline. Motion carried 7-0.
At 7:49 Council reconvened stating proper direction had been given to Staff.
There being no further business, upon motion meeting adjourned at 7:50 P.M.
/si Jeanne F. Schneider, CMC
City Clerk
It 4/10
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