Minutes City Council Proceedings 12 01 08CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on December 1, 2008 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the City Council.
Invocation was provided by Ann Wertz, Pastoral Assistant, St. Mary's/St. Patrick's Catholic
Churches
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 6-0.
Minutes and Reports Submitted: City Council of 11/17 and 11/21; Civil Service of 10/23;
Library Board of Trustees of 8/28 and 9/25; Park and Recreation Commission of 11/12
Proofs of publication of City Council Proceedings of October 28 and November 3, 2008
(Special Session and Regular Session)
Upon motion the documents were received and filed.
Notice of Claims/Suits: Judith A. McMahon and Ronald J. McMahon for personal injury;
Amanda Reynolds for vehicle damage; Wells Fargo Bank, N.A. vs. City of Dubuque, et al;
Irene Holz for property damage; Grand Opera House for property damage. Upon motion the
documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Gordon E. Mills for
vehicle damage; Judith McMahon for personal injury. Upon motion the documents were
received and filed and concurred.
U.S. Department of Housing and Urban Development: Communication from Patricia M.
McCauley, U.S. Department of Housing and Urban Development, advising that the City's
Community Development Block Grant Program's accomplishments for Program Year 2007
were satisfactory. Upon motion the document was received and filed.
Human Rights Commission: Communication from Vincent Vanden Huevel advising that he
is not re-applying for an additional term on the Human Rights Commission. Upon motion the
document was received, filed, and the resignation accepted with the City Council's gratitude.
Citizen Communications: Communication from Fred Gross, 2997 Deerwood Circle,
regarding trash on Coates Street.
Communication from Amanda W. Benckhuysen, 1324 Tomahawk Drive, submitting a
petition requesting that a sidewalk be installed along Rockdale Road.
Communication from Dan Boge, Kane Development Corporation, requesting that the City
accept the entire completed sanitary sewer and water main system for Pine Knoll
Condominiums.
Upon motion the documents were received and filed and referred to the City Manager.
Carnegie-Stout Public Library Renovation Project: City Manager recommending award of
the contracts for Contract #6 (Flooring and Tile) and Contract #8 (Elevator) of the Carnegie-
Stout Public Library Renovation Project to Commercial Flooring (Contract #6) and Tri-Con
Construction (Contract #8). Upon motion the documents were received and filed and
Resolution No. 411-08 Awarding public improvement contracts for the Carnegie-Stout Public
Library Renovation Project was adopted.
Iowa 32 Bike /Hike Trail -Request for Proposals: City Manager recommending approval of
the issuance of a Request for Proposals for the design of the Iowa 32 Bike /Hike Trail, Phase
2. Upon motion the documents were received, filed, and approved.
Town Clock Renovation Project: City Manager recommending acceptance of the Town
Clock Renovation Project as completed by Klauer Construction in the final contract amount of
$266,063.00. Upon motion the documents were received and filed and Resolution No. 412-08
Accepting improvement and Resolution No. 413-08 Approving final estimate were adopted.
Purchase of Property - 2317 Elm Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2317 Elm Street as part of the acquisition program
associated with the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 414-08 Approving the acquisition of real estate located
at 2317 Elm Street in the City of Dubuque, Iowa, was adopted.
Purchase of Property - 2020 Kniest Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2020 Kniest Street as part of the acquisition
program associated with the Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 415-08 Approving the acquisition of
real estate located at 2020 Kniest Street in the City of Dubuque, Iowa, was adopted.
Purchase of Property - 2238 / 2240 Washington Street: City Manager recommending
approval of the purchase of a residential dwelling located at 2238 / 2240 Washington Street as
part of the acquisition program associated with the Bee Branch Creek Restoration Project.
Upon motion the documents were received and filed and Resolution No. 416-08 Approving the
acquisition of real estate located at 2238 / 2240 Washington Street in the City of Dubuque,
Iowa, was adopted.
Authorized Depository Institutions: City Manager recommending approval of adding First
Bank of Irving, Texas, as an authorized depository institution for the City of Dubuque funds
collected for dog and cat licenses by PetData, Inc. Upon motion the documents were received
and filed and Resolution No. 417-08 Naming Depositories was adopted.
New Market Tax Credits: City Manager recommending approval of a contract with Kutak
Rock, LLP, for legal services associated with securing New Market Tax Credits. Upon motion
the documents were received, filed, and approved.
2
Amendment to Development Agreement for McGraw-Hill Companies, Inc.: City Manager
recommending approval of a request from McGraw-Hill Companies for a time extension to
June 19, 2010 for the creation of jobs committed to in the June 2006 Development Agreement.
Upon motion the documents were received and filed and Resolution No. 418-08 Approving the
first amendment to the McGraw-Hill Companies, Inc. Development Agreement was adopted.
Acceptance of Easement for Pedestrian Walkway: City Manager recommending acceptance
of an easement for a pedestrian walkway lying within the Northeast Iowa Community College
Building as part of the skywalk connection to the Iowa Street parking ramp. Upon motion the
documents were received and filed and Resolution No. 419-08 Acceptance of the grant of an
easement for a pedestrian walkway lying within the Northeast Iowa Community College
Building was adopted.
Resolution of Support: Communication to the Members of the 2009 Presidential Inaugural
Committee in support of the Inaugural Parade participation by the Colts Drum and Bugle
Corps. Upon motion the documents were received and filed and Resolution No. 420-08
Resolution of Support for the Colts Drum and Bugle Corps was adopted.
Mediacom: Communication from Mediacom advising the City of upcoming channel changes
effective on or about December 17, 2008. Upon motion the document was received and filed.
Liquor License Transfer: Diamond Jo Casino (Portside) requesting to permanently transfer
their liquor license from 400 East Third Street to 301 Bell Street. Upon motion the documents
were received, filed, and approved.
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. 421-08 Granting the issuance of a Class "C" Beer Permit to Hy-Vee #2, Sam's Club, and
Informed Buyers; and Resolution No. 422-08 Granting the issuance of a Class "B"
(Hotel/Motel) Beer/Liquor License to Hotel Julien Dubuque; Class "C" Beer/Liquor License to
Las Margaritas; Special Class "C" Liquor License to Cookin Something Up; Class "B" Wine
Permit to Cookin Something Up, Hy-Vee #2, and Sam's Club; and a Class "B" Native Wine
Permit to Dubuque Humane Society and Dubuque Area Chamber of Commerce were adopted.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
Historic Preservation Commission - Langworthy District Interim Commissioner: One 4-year
term through July 1, 2011 (Term of Cleek). Applicant: Eli Licht, 1759 Vizaleea Drive.
Human Rights Commission: Three 3-year terms through January 1, 2012 (Terms of Allen,
Wilberding, Vanden Heuvel). Applicants: Anthony Allen, 575 Almond Street; Terry Driskell, 249
York Street; Katrina Wilberding, 3715 Asbury Road.
Mediacom Charitable Foundation: Two 1-year terms through December 31, 2009 (Terms of
Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly Lane; Connie Twining, 421
North Booth Street. Ms. Twining spoke in support of her appointment.
Transit Board of Trustees: One 3-year term through July 30, 2011 (Term of Davidson).
Applicant: John Curtis, 1951 Alta Vista. Mr. Curtis spoke in support of his appointment.
3
ACTION ITEMS
Transit Consultant Recommendation: City Manager recommending approval of the selection
of LSC Transportation Consultants to provide a comprehensive operational analysis of the
Keyline Transit System. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 6-0.
Fire Department Ladder Truck and Pumper Truck Replacement: City Manager
recommending approval to order a replacement ladder truck, which is budgeted in Fiscal Year
2010, prior to December 31, 2008 in order to avoid price increases. Motion by Jones to receive
and file the documents and approve the recommendation. Seconded by Lynch. Motion carried
6-0.
Winter Collection of Food Scraps and Yard Waste: City Manager recommending that the
City provide for year-round collection of yard waste and food scraps and that the fee for an
annual yard waste decal be increased from $26.00 to $28.00. 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 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 78-08 Amending the
City of Dubuque Code of Ordinances Section 40-39 Paragraphs (c), (d), and (e) Establishing
year-round collection of yard waste and food scraps and increasing the annual yard waste
decal fee for the collection of yard waste from $26.00 to $28.00. Seconded by Lynch. Council
Member Connors was informed that current users would be notified. Motion carried 6-0.
Personnel Manager Randy Peck Selected for Dubuque Area Labor Management Council
Bob Bennett Award: Announcement that Personnel Manager Randy Peck has been selected
for Dubuque Area Labor Management Council's Bob Bennett Award for Good Faith in
Collective Bargaining. Motion by Connors to receive and file the document and congratulate
Mr. Peck. Seconded by Jones. Motion carried 6-0.
City Council Meeting Date: City Manager recommending that the second meeting in
February be changed from February 17, 2009 to February 16, 2009. 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 Connors. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 79-08 Changing the
date for the second regular City Council meeting in February 2009 from February 17, 2009 to
February 16, 2009. Seconded by Connors. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Braig recognized Scouts and students in attendance.
Jones and Braig reported on conversations they have had with citizens regarding the
Trailways Bus Depot zoning issue. Jones asked about the role the City has in finding an
appropriate facility and suggested City Council discuss the issue at a future meeting. Transit
Manager Jon Rodocker informed City Council that he has discussed options with Trailways
4
and they have until January 15, 2009 to vacate the building at First and Main Streets. City
Council concurred that this issue be brought to a future meeting.
PUBLIC INPUT
Steve Dunne, 2250 Foye Street, addressed the City Council about the City ordinance which
requires cars to park on the correct side of the street in the proper direction. He asked that the
ordinance be changed to allow cars to park in the opposing direction on steep streets
particularly in the winter.
Resnick stated that this is a tough situation and there are other streets with the same
problem.
There being no further business, upon motion the City Council adjourned at 7:05 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 12/10
5