9 5 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Tuesday, September 5,2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called for the
purpose of discussing such matters which may properly come before the Council.
Invocation was given by Sister Joy Peterson, President of Sisters of the Presentation
Mayor Buol swore in Mayor Pro-Tem Karla Braig
Proclamations: Public Safety Memorial Day (September 14, 2006) received by Reverend David
Pacholke; Dubuque, Iowa POW - MIA Recognition Day (September 15, 2006) received by Elaine
Palen and Mike Neyens; Assisted Living Week (September 10-16, 2006); and Support the
International Dragon Boat Days (September 9-10,2006) received by Doug and Jean McCallum
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/25; City
Council of 8/21; Historic Preservation Commission of 8/17; Human Rights Commission of 6/12;
Long Range Planning Advisory Commission of 8/16; Zoning Board of Adjustment of 7/27, upon
motion received and filed.
Proof of publication of City Council Proceedings of August 7, 2006, upon motion received and
filed.
Printed City Council Proceedings for month of February, 2006, upon motion received and filed
and approved as printed.
Library Board of Trustees Update from the meetings of August 24 and August 28, 2006, upon
motion received and filed.
Notice of Claims/Suits: Thomas Koch (Paul's Tavern) for property damage; John Oberhausen
for property damage, upon motion received and filed and referred to the City Attorney for
i nvestig atio n/ report.
City Attorney advising that the following claim has been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: Thomas Koch for property damage,
upon motion received and filed.
City Attorney recommending settlement of the claim of John Oberhausen for property damage
and directing the Finance Department to issue payment, upon motion received and filed and
approved recommendation and Finance Department to issue payment.
Citizen Communications: Communication from Rose Manders, 1835 Vizaleea Drive, thanking the
City Council for approving the Residential Parking Permit District on Vizaleea Drive, upon motion
received and filed.
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Communication of Penny Ehlinger, 1017 Aspen Court, regarding the Americans with Disabilities
Act, upon motion received and filed.
Regency Iowa, Inc.: Communication from Regency Iowa, Inc. advising that Regency
Thermographers, located at 750 White Street, Dubuque, Iowa, will be permanently closing, upon
motion received and filed.
Iowa Department of Economic Development: Steven R. McCann, City Development Board
Administrator, submitting the Findings of Fact and Conclusions of Law and The Final Order filed
by the City Development Board approving the voluntary annexation petition submitted by the City
of Dubuque, upon motion received and filed.
Iowa Department of Natural Resources: Notification of Violation from the Iowa Department of
Natural Resources for the City's Wastewater Treatment facility, upon motion received and filed
and referred to the City Manager.
Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the July
2006 Report on the Comprehensive Plan Update process, presented and read. Michalski moved
that the Goal 5, Objective 5-3 of the Fiscal Element be modified to read "low and moderate income
and persons with disabilities." Seconded by Connors. Motion carried 7-0.
Historic District Public Improvement Program - Four Mounds Interpretive Signs: Historic
Preservation Commission recommending City Council approval of $7,394.23 of Historic District
Public Improvement Project (HDPIP) funding for the installation of three outdoor interpretive signs
and a concrete walk within the farm campus of Four Mounds, upon motion received and filed and
approved recommendation.
Historic District Public Improvement Program - Four Mounds Archeological Survey: Historic
Preservation Commission recommending City Council approval of $2,304.06 of HDPIP funding for
the Phase I Intensive Archeological Survey and Evaluation on the cultured grounds of Four
Mounds, upon motion received and filed and approved recommendation.
Historic Sites Preservation Grant Application: City Manager recommending approval of the
submission of a grant application for $55,250 from the Historic Sites Preservation Grant program
for rehabilitation of the White Water Creek Bridge and authorizing the use of the Bridge
Maintenance CIP as the source of the required local match, upon motion received and filed. Cline
moved adoption of Resolution No. 402-06 Authorizing an application to the Historic Sites
Preservation Grant Program for the White Water Creek Bridge. Seconded by Jones. Motion
carried 7-0.
Operating Engineers' Collective Bargaining Agreement: City Manager recommending approval
of an amendment to the collective bargaining agreement with the International Union of Operating
Engineers, Local #758, that would provide for a work week that consists of ten hours per day/four
days per week for full-time Public Safety Dispatchers, upon motion received and filed and
approved recommendation.
Utility Expense and Cost Analysis Study: City Manager recommending approval of a
Management Consulting Service Agreement with Springsted, Inc. to conduct a Utility Expense and
Cost Analysis Study, upon motion received and filed. Cline moved adoption of Resolution No.
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403-06 Approving the Agreement for Management Consulting Services between the City of
Dubuque, Iowa and Springsted, Inc. Seconded by Jones. Motion carried 7-0.
Lower Main Development, LLC: City Manager recommending approval of a Downtown
Rehabilitation Loan in the amount of $300,000 to Lower Main Development, LLC for rehabilitation
of the former Weber Paper Building located at 137 Main Street, upon motion received and filed.
Cline moved adoption of Resolution No. 404-06 Authorizing the completion of a Downtown
Rehabilitation Loan to Lower Main Development LLC. Seconded by Jones. Motion carried 7-0.
Establishment of Fair Market Value: City Manager recommending that the fair market value for
property located at 1721 Elm Street be established at Forty-Eight Thousand Dollars ($48,000),
upon motion received and filed. Cline moved adoption of Resolution No. 405-06 Establishing the
Fair Market Value of real property owned by Troy Hansen located at 1721 Elm Street in the City of
Dubuque. Seconded by Jones. Motion carried 7-0.
Asbury Plaza Area Lift Station and Force Main Project: City Manager recommending approval of
the selection of IIW Engineers and Surveyors, P.C. to perform engineering services for the Asbury
Plaza Area Lift Station and Force Main Project at a cost of $49,000, upon motion received and
filed and approved recommendation.
Relocation Services for Bee Branch Realignment Project: City Manager recommending approval
of a contract with the East Central Intergovernmental Association for services in connection with
residential acquisitions and relocations for the Bee Branch Realignment Project, upon motion
received and filed. Cline moved adoption of Resolution No. 406-06 Approving a contract with the
East Central Intergovernmental Association for acquisition and relocation assistance services.
Seconded by Jones. Motion carried 7-0.
Telecommunications Carrier Assessment Study: City Manager recommending approval of the
selection of RSM McGladrey to complete a Telecommunications Carrier Assessment Study in
cooperation with the County of Dubuque, upon motion received and filed and approved
recommendation.
Siegert Farm Lease Extension: City Manager recommending approval to enter into a one-year
lease extension on the north farm (Middle Road) and a three-year lease extension on the south
farm (Cousins Road) with William and Janet Siegert, upon motion received and filed. Cline moved
adoption of Resolution No. 407-06 Approving a farm lease with William and Janet Siegert.
Seconded by Jones. Motion carried 7-0.
Safe Roads to School Grant: Communication from Elizabeth Bonz, City Administrator of the City
of Asbury, requesting approval of a resolution of support for the Intersection Improvement Project
to assist the City of Asbury in obtaining funds from the Safe Roads to School Grant, upon motion
received and filed. Cline moved adoption of Resolution No. 408-06 Expressing support for the City
of Asbury Intersection Improvement Project. Seconded by Jones. Motion carried 7-0.
Residential Parking Permit District: Communication from Mr. Shannon Mussman submitting a
petition requesting that Hansel Drive be designated as a Residential Parking Permit District, upon
motion received and filed and referred to the City Manager.
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Request to Purchase: Communication from Stephen J. Schmall, Vice President for Finance and
Administration Services - Loras College, requesting to purchase a portion of the City alley abutting
their property, upon motion received and filed and referred to the City Manager.
Pandemic Influenza Plan: City Manager submitting the Dubuque County Pandemic Influenza
Plan for City Council review, presented and read. Michalski moved that the City of Dubuque be
added to list of entities to be notified. Seconded by Cline. Motion carried 7-0.
Mediacom System Upgrade: City Manager recommending that the City Council receive and file a
Mediacom notice that they intend to begin their upgrade of the Dubuque cable system in mid-
September, upon motion received and filed.
Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement
with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health and City
Manager recommending execution of a contract with the Dubuque County Board of Health for
continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed
agreement with the Visiting Nurse Association (VNA) for services related to the CLPPP, upon
motion received and filed and approved recommendation.
Dubuque Screw Products: Communication from James E. Goodman, Jr., representing Dubuque
Screw Products, requesting approval of the assignment of the Development Agreement between
the City of Dubuque and Dubuque Screw Products to Beck Construction, upon motion received
and filed and referred to the City Manager.
Contracts: City Manager advising that he has signed the following contracts: Roadway
Maintenance Agreement; Encephalitis Monitoring Memorandum of Understanding with the Iowa
Department of Public Health Amendment; Asbury Road Culvert and Garfield Street Manhole
Repairs, upon motion received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: National Mississippi
River Museum and Aquarium Expansion Project - Former Adams Company Building Re-Roof and
Structural Repairs Project; Paint Ham House Trim Project, upon motion received and filed.
Liquor License Transfer: Request of Chad Witthoeft, Isabella's at the Ryan House, requesting to
transfer his liquor license to 1000 Jackson Street for Voices for the Art on September 17, 2006,
upon motion received and filed and approved request.
Business License Refund: Request of Laurie Vigen, The Avenew Sports Bar, for a refund of the
liquor license in the amount of $633.75, upon motion received and filed and approved refund.
Business Licenses: Cline moved adoption of Resolution No. 409-06 Granting the issuance of
three renewal permits to sell cigarettes and cigarette papers within the City; Resolution No. 410-
06 Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to Carlos O'Kelly's;
Class "B" Beer Permit to Taqueria Mexico; and Class "C" Beer Permit to Wal-Mart Super Center,
Phillips 66/Arbys, Kwik Stop Food Mart, and Family Mart; and Resolution No. 411-06 Granting
the issuance of a Class "C" Beer/Liquor License to Europa House, Angie's Bar, Lucky 13 Tap,
Grand River Center, Red Robin Burgers and Rudy's Tacos; Class "B" Wine Permit to Wal-Mart
Super Center; and a Class "WBN" Wine Permit to Mandolin Inn. Seconded by Jones. Motion
carried 7-0.
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ITEMS TO BE SET FOR PUBLIC HEARING
Eagle Point Park Roofing Projects: City Manager recommending initiation of the public bidding
process for the Eagle Point Park Roofing Projects and that a public hearing be set for October 2,
2006, upon motion received and filed. Cline moved adoption of Resolution No. 412-06 Preliminary
approval of plans and specifications; Resolution No. 413-06 Setting date of hearing on plans and
specifications for 10/2/06 at a meeting to commence at 6:30 P.M. in the public library auditorium
and direct the City Clerk to publish notice in the manner prescribed by law; and Resolution No.
414-06 Ordering bids. Seconded by Connors. Motion carried 7-0.
Individual Historic Designation - 565 Fenelon Place: Communication from the Long Range
Planning Advisory Commission recommending that a public hearing be set for November 6, 2006
to consider approval of the Individual Historic Designation of 565 Fenelon Place, upon motion
received and filed and set public hearing for 11/6/06 at a meeting to commence at 6:30 P.M. in the
public library auditorium and direct the City Clerk to publish notice in the manner prescribed by
law.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Airport Commission (One four-year term through 9/14/10 - Term of Accinelli) Applicants:
Steven R. Accinelli, Eric R. Savage Mr. Accinelli and Mr. Savage spoke requesting consideration
for appointment to the Airport Commission.
Environmental Stewardship Advisory Commission (One vacant three-year term through 10/1/09)
Applicant: Gayle Casel Ms. Casel spoke requesting consideration for appointment to the
Environmental Stewardship Advisory Commission.
Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old Main
District and one unexpired three-year term through 7/1/08 - Langworthy District) Applicant:
Keisha Wainwright - Langworthy District Ms. Wainwright spoke requesting consideration for
appointment to the Historic Preservation Commission.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Loras College - Request to Vacate: Proof of publication of notice of hearing to consider a
request from Loras College to vacate and purchase a portion of a City-owned alley between West
16th Street and West 17th Street west of Catherine Street and City Manager recommending
approval, upon motion received and filed.
Beverly Boettcher, 669 W. 16th Street, spoke objecting to the sale of the property to Loras
College.
Steve Schmall, Vice President for Finance and Administrative Affairs of Loras College, clarified
the request.
Cline moved adoption of Resolution No. 415-06 Approving plat of proposed vacating of the
westerly thirty feet of the alley between West 16th Street and West 17th Street west of Catherine
Street; Resolution No. 416-06 Vacating the westerly thirty feet of the alley between West 16th
Street and West 17th Street west of Catherine Street; and Resolution No. 417-06 Disposing of City
interest in Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque
County, Iowa. Seconded by Jones. Motion carried 7-0.
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Vacate Unnamed Road Off of Rosedale Avenue: Proof of publication of notice of hearing to
consider vacating a portion of an unnamed street off of Rosedale Avenue and City Manager
recommending approval, upon motion received and filed. Connors moved adoption of Resolution
No. 418-06 Approving plat of Lot D and Lot E of Rosedale Addition NO.2 in the City of Dubuque,
Dubuque County, Iowa, being the proposed vacating of an unnamed road south of Rosedale
Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa; Resolution No.
419-06 Approving plat of Lot F and Lot G of Rosedale Addition No. 2 in the City of Dubuque,
Dubuque County, Iowa, being the proposed vacating of an unnamed road south of Rosedale
Avenue near Glen Oak Street in the City of Dubuque, Dubuque County, Iowa; Resolution No.
420-06 Vacating an unnamed road south of Rosedale Avenue near Glen Oak Street in the City of
Dubuque, Dubuque County, Iowa; and Resolution No. 421-06 Disposing of City interest in Lots D,
E, F and G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa. Seconded
by Jones. Motion carried 7-0.
Fourth Street Extension Vacating: Proof of publication of notice of hearing to consider vacating
the Fourth Street Extension to reconstruct the street in this area to provide access to the Shot
Tower and parking areas adjacent to the Brewery and City Manager recommending approval,
upon motion received and filed. Cline moved adoption of Resolution No. 422-06 Approving plat of
proposed vacating of Fourth Street Extension and Resolution No. 423-06 Vacating Fourth Street
Extension. Seconded by Braig. Motion carried 7-0.
Highway 20 Landscaping - Phase II Project: Proof of publication of notice of hearing to consider
adoption of the plans and specifications for the Highway 20 Landscaping - Phase II Project and
City Manager recommending award of the contract to Smith Seeding in the amount of $240,657,
upon motion received and filed. Cline moved adoption of Resolution No. 424-06 Adopting plans
and specifications; Resolution No. 425-06 Awarding contract and Resolution No. 426-06
Approving construction contract with Smith Seeding for the Highway 20 Landscaping - Phase II
Project. Seconded by Lynch. Motion carried 7-0.
US 20 (Devon Drive to Menards) Capacity Improvements Project: Proof of publication of notice
of hearing to consider adoption of the plans and specifications for the US 20 (Devon Drive to
Menards) Capacity Improvements Project and City Manager advising that the only bid received
was incomplete and therefore the project will be re-bid later this year, upon motion received and
filed. Cline moved adoption of Resolution No. 427-06 Rejecting the contract bid proposal for the
US 20 (Devon Drive to Menards) Capacity Improvements Project - Phase I Traffic Signal and
Intelligent Transportation System Improvements (STP-A-020-9(186)-22-31). Seconded by Lynch.
Motion carried 7-0.
Loras Boulevard Traffic Signalization Replacement Project: Proof of publication of notice of
hearing to consider adoption of the plans and specifications for the Loras Boulevard Traffic
Signalization Replacement Project and City Manager recommending award of the contract to
Portzen Construction, Inc., in the amount of $282,680.25, upon motion received and filed.
Connors moved adoption of Resolution No. 428-06 Adopting plans and specifications; Resolution
No. 429-06 Awarding contract; and Resolution No. 430-06 Approving construction contract with
Portzen Construction, Inc. for the Loras Boulevard Traffic Signalization Replacement Project.
Seconded by Cline. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
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ACTION ITEMS
Dubuque Main Street, Ltd.: Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal
quarterly report.
Mr. LoBianco spoke giving a positive verbal report of their activities this last quarter.
Upon motion the report was received and filed.
Request to Address the City Council: Request of Tara Winger regarding discrimination in
housing, upon motion received and filed and referred to the Housing and Police Departments. Ms.
Winger had phoned that she could not be in attendance at the meeting.
Architectural Services for Federal Building: City Manager recommending approval to enter into
an agreement with Neumann Monson Architects to provide design services for the Federal
Building project in the amount of $118,580, and additional letters concerning the agreement, upon
motion received and filed and after discussion of true costs, authorized the City Manager to
negotiate and execute contract with the Durrant Group. Cline moved adoption of Resolution No.
431-06 Approving an agreement with the Durrant Group Architects for services related to the
design and adaptive reuse of the Federal Building. Seconded by Connors. Motion carried 7-0.
America's River Corporation: City Manager recommending approval of a contribution of up to
$5,000 toward the deficit of the 2006 America's River Festival based on a request from Jerry
Enzler, Chair of America's River Corporation, upon motion received and filed and approved
recommendation.
Municipal Infraction Penalties: City Manager recommending approval of an ordinance amending
the City of Dubuque Code of Ordinances to increase the amount of the penalties for civil
infractions, upon motion received and filed. Ordinance No. 60-06 Amending the City of Dubuque
Code of Ordinances Section 1-16 Penalties for Civil Infractions by increasing the amount of the
penalties, presented and read. Michalski 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. Seconded by Connors. Motion carried 7-0. Jones moved
final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski mentioned that last week was a "wow" week for the City, with the successful City
Council goal-setting; Fire Training Center flag raising; Arts Exhibit opening at the Port of Dubuque,
and the Labor Day Parade.
There being no further business, upon motion meeting adjourned at 7:57 P.M.
44~~QJ
~;ne F. Schneider, CMC
City Clerk
1 t 9/13
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