11 17 08 City Council Minutes
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on November 17, 2008 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the Dubuque City Council
called for the purpose of discussing such matters that may properly come before Council.
Invocation was provided by Reverend Dr. Ken Bickel, First Congregational United Church of
Christ
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/26 and
9/30; Building Code Appeals Board of 11/6; Cable TV Regulatory Commission of 1/9 and 9/10;
Cable Community Teleprogramming Commission of 10/7; City Council of 11/3; Environmental
Stewardship Advisory Commission of 11/4; Housing Code Appeals Board of 5/20; Human
Rights Commission of 10/10 and 10/13; Park and Recreation Commission of 10/14; Zoning
Advisory Commission of 11/5; and Zoning Board of Adjustment of 10/23
Library Board of Trustees Update from meeting of October 23, 2008
Proofs of publication of City Council Proceedings of October 20, 2008 (Special Session and
Regular Session) and October 28, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Deborah M. Naderman for vehicle damage; Wells Fargo Bank,
National Association as Trustee vs. City of Dubuque, et al; Gordon Mills for vehicle damage.
Upon motion the documents were received and filed and referred to the City Attorney.
City Attorney recommending settlement of the claim of Deborah Nadermann for vehicle
damage. Upon motion the document was received and filed and concurred.
City Development Board: Communication from Steven R. McCann, City Development
Board, advising that the City of Dubuque’s voluntary annexation proposal will be considered by
the Board on November 12, 2008. Upon motion the document was received and filed.
Property Donation: City Manager recommending acceptance of property located behind Fire
Station No. 2 on John F. Kennedy Road from Hohnecker’s Incorporated. Upon motion the
documents were received and filed and Resolution No. 398-08 Approving plat of Lot 1 of
Hohnecker Place No. 2 and Resolution No. 399-08 Accepting the deed to certain real estate in
Dubuque County, Iowa, from Hohnecker Incorporated were adopted.
Professional Services Agreement: City Manager recommending approval to execute the
Professional Services Agreement for Acquisition of ACTRA/TACTICS Software for the Primary
Highway Improvement Project No. 2008-16-019, Final Traffic Control Systems Improvements.
Upon motion the documents were received and filed and Resolution No. 400-08 Approving the
Iowa Department of Transportation Professional Services Agreement for acquisition of
ACTRA/TACTICS Software for the Primary Highway Improvement Project No. 2008-16-019,
Final Traffic Control Systems Improvements (STP-A-946-0(1)--86-31) was adopted.
High Bluff Retaining Wall Reconstruction: City Manager recommending that the award of the
contract for the 911 High Bluff Retaining Wall Reconstruction Project be officially recorded in
the minutes of the City Council. Upon motion the documents were received and filed.
St. Mary’s Retaining Wall Reconstruction: City Manager recommending that the award of
the contract for the St. Mary’s Retaining Wall Reconstruction Project be officially recorded in
the minutes of the City Council. Upon motion the documents were received and filed.
Fire Headquarters Green Roof Replacement Project: City Manager recommending award of
the contract for the Fire Headquarters Green Roof Replacement Project to Giese Roofing
Company in the amount of $188,920. Upon motion the documents were received and filed and
Resolution No. 401-08 Awarding public improvement contract for the Fire Headquarters Roof
Replacement Project was adopted.
Scenic Byways - Great River Road Interpretive Center / National Mississippi River Museum
and Aquarium Project: City Manager recommending approval of the Certificate of Completion
and Final Acceptance of Agreement Work Form for the Scenic Byways – Great River Road
Interpretive Center / National Mississippi River Museum and Aquarium Project. Upon motion
the documents were received and filed and Resolution No. 402-08 Approving the Certificate of
Completion and Final Acceptance of Agreement Work Form for the Scenic Byways – Great
River Road Interpretive Center / National Mississippi River Museum and Aquarium Project was
adopted.
Windsor Avenue Storm Sewer Extension Project: City Manager recommending acceptance
of the construction contract and improvements associated with the Windsor Avenue Storm
Sewer Extension Project. Upon motion the documents were received and filed and Resolution
No. 403-08 Accepting the Windsor Avenue Storm Sewer Extension Project and authorizing the
payment of the contract amount to the contractor was adopted.
Iowa 32 Bike / Hike Trail: City Manager recommending approval of a Resource
Enhancement and Protection (REAP) grant agreement with the Iowa Department of Natural
Resources for Phase 2 of the Iowa 32 Bike / Hike Trail. Upon motion the documents were
received and filed and Resolution No. 404-08 Approving a grant agreement for Resource
Enhancement and Protection (REAP) funding with the Iowa Department of Natural Resources
for Phase 2 of the Iowa 32 Bike / Hike Trail was adopted.
Joint Motion for Dubuque and Asbury Annexations of Sandwedge Subdivision: City
Manager recommending approval to file a joint motion with the City of Asbury before the City
Development Board to allow the City of Dubuque to delete the Sandwedge Subdivision
property owners from Dubuque’s annexation proposal. Upon motion the documents were
received and filed.
Final Plat – Conlan Place: Zoning Advisory Commission recommending approval of the final
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plat of Conlan Place located on Kemp Road in Dubuque County, Iowa. Upon motion the
documents were received and filed and Resolution No. 405-08 Approving the final plat of
Conlan Place in Dubuque County, Iowa, was adopted.
Five Flags Management Agreement: City Manager recommending approval to extend the
Five Flags Management Agreement with SMG for the period July 1, 2009 to June 30, 2014.
Upon motion the documents were received and filed and Resolution No. 406-08 Approving the
first amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG
was adopted.
PetData Animal Licensing Agreement: City Manager recommending approval of an
agreement with PetData to provide animal licensing services for the City. Upon motion the
documents were received, filed, and approved.
Tobacco Compliance – Civil Penalties for Tobacco Permit Holders: City Manager
recommending acceptance and approval of Acknowledgement/Settlement Agreements for a
first offense violation for Casey’s General Store #2420, 2699 Rockdale Road; Kwik Stop, 4039
Pennsylvania Avenue; A.W.N. Stop Mart, 1998 Jackson Street and for a second offense
violation for Hy-Vee #2, 2395 Northwest Arterial. Upon motion the documents were received,
filed, and approved.
Employee Wellness Program: City Manager recommending approval of the issuance of a
Request for Proposals (RFP) to solicit proposals for the incentive-based health risk appraisal
program funded and approved for Fiscal Year 2009. Upon motion the documents were
received, filed, and approved.
Renewal Rates for the Voluntary Dental Plan: City Manager recommending approval of the
renewal rates for the City’s Voluntary Dental Plan, which is paid in full by the employees. Upon
motion the documents were received, filed, and approved.
Dubuque Warehouse District: Application to the Environmental Protection Agency for an
Assessment Grant for the Dubuque Warehouse District. Upon motion the documents were
received and filed.
Canadian Pacific Railroad: Communication from Fred Green, President and CEO of the
Canadian Pacific Railroad, advising that the acquisition of the Dakota, Minnesota & Eastern
Railroad Corporation (DM&E) and its subsidiaries has been declared officially final by the US
Surface Transportation Board. Upon motion the documents were received and filed.
PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $39,000 for Dubuque Community Schools for new cameras for The Forum board
room where school board meeting telecasts originate. Upon motion the documents were
received, filed, and approved.
Business License Refund: Tri-State Independent Blind Society, Inc. requesting a refund in
the amount of $225.00 for their Beer / Wine / Liquor license. Upon motion the document was
received, filed, and approved.
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Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 407-08 Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart and
Plaza 20 BP / Amoco and Resolution No. 408-08 Granting the issuance of a Class “B”
(Hotel/Motel) Liquor License to Grand Harbor Resort; Class “C” Beer/Liquor License to Bridge
Restaurant and Q; and a Class “WBN” Native Wine Permit to Kwik Stop Food Mart were
adopted.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Civil Service Commission: One 4-year
term through April 6, 2010 (Term of Kluesner). Applicant: James Schilling, 3283 Bittersweet
Lane. Upon City Council concurrence, Mayor Buol appointed James Schilling to a 4-year term
through April 6, 2010.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Council
Dubuque Industrial Center Planned Unit Development District (Tabled on September 15,
2008): City Manager requesting that this item be re-tabled until the January 20, 2009 City
Council meeting.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/
Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial
Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of
property from open space to commercial and Zoning Advisory Commission recommending
approval, with conditions.
Motion by Voetberg to remove from the table. Seconded by Connors. Motion carried 7-0.
Motion by Connors to table the proposed ordinance amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit
Development Ordinance for the Dubuque Industrial Center Phases I and II located at the
southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing
Ordinance 22-07. Seconded by Braig. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Designation of Queen Street as Through Street: City Manager recommending approval of
the designation of Queen Street from the north right-of-way line of East Twenty-Fourth Street
to its northerly terminus at Burden Avenue as a through street. Motion by Jones to receive and
file the documents and 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 passed
be suspended. Seconded by Lynch. Motion carried 7-0
Motion by Jones for final consideration and passage of Ordinance No. 77-08 Amending City
of Dubuque Code of Ordinances Section 32-321.321 Entering Through Streets by adding
Queen Street, from the north right-of-way line of East Twenty-Fourth Street to its northerly
terminus at Burden Avenue as a through street. Seconded by Lynch. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Connors reported on her attendance at the recent National League of Cities Conference in
Orlando, Florida. She stated that sustainability and clean air were priority issues.
Voetberg reported that the visit from the delegation from Tianjin, China, has been
postponed to spring.
Resnick reported receiving an e-mail from a citizen regarding trash on Coates Street and
stated that he appreciated receiving this type of input from citizens.
Lynch reported on his attendance at the recent National League of Cities Conference in
Orlando, Florida. He expressed his pleasure over Orlando’s public art display and suggested
the City of Dubuque expand its Art on the River program. He also stated that National DARE
Program representatives attending the conference stated that Dubuque’s program was one of
the top five programs in the nation.
CLOSED SESSION
Motion by Jones at 6:47 p.m. to go into closed session regarding pending litigation pursuant
to Chapter 21.5(1)(j) 2007 Code of Iowa. Seconded by Connors. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 6:51 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 6:52 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 11/26
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