8 7 06 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 7, 2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Buol, Council Members Bralg, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attomey 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 Reverend John Sorenson, Pastor of Lord of Life Lutheran Church
PROCLAMATIONS: Responsible Gaming Week (August 7 - 11, 2006) received by Carrie
Tedore and Shannon Gaherty; Cory Bowman Week (August 23 - 28, 2006) received by Cory
Bowman and family; Tour de Dubuque Day (August 26, 2006) received by Mike Martin, Kevin
Pike and Gino Rokusek of the Freedom Riders.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 7/9/06; Arts and Cultural Affairs Advisory
Commission of 5/23 and 6/12; City Council of 7/19; Housing Commission of 6/27; Housing
Commission Trust Fund Committee of 7/25; Investment Oversight Advisory Commission of 7/26;
Long Range Planning Advisory Commission of 7/19, upon motion received and filed.
Proof of publication of City Council Proceedings of July 5, 2006, upon motion received and filed.
Library Board of Trustees Update of July 27, 2006, upon motion received and filed.
Investment Oversight Advisory Commission 53rd Quarterly Report, upon motion received and
filed.
Notice of Claims/Suits: Gary M. Blosch for property damage; Bemice M. Breitfelder for property
damage; Milton Emst for property damage; Emily Freiburger for property damage; Barbara l.
Hansen for personal injury/vehicle damage; Ralph G. Hemesath for property damage; Cynthia
Henkel and Tracey Tittle for property damage; Gerald B. Hingtgen for vehicle damage/personal
injury; Jamie Lee Kremer for property damage; Leo Link for property damage; Ricky Meyer for
personal injury; Gerald Pickel for property damage; Barbara J. Schnee for vehicle damage; Gary
and Tina Smith for property damage; Laverne Strohmeyer for property damage, upon motion
received and filed and referred to the City Attomey for Investigation/report.
City Attomey advising that the following claims have been referred to Public Entity Risk Services
of Iowa, the agent for the Iowa Communities Assurance Pool: City of Bellevue for vehicle damage;
Gary M. Blosch for property damage; Barbara L. Hanson for personal injurylvehicle damage;
Cynthia Henkel and Stacey Tittle for property damage; Gerald Hingtgen for personal
injury/property damage; Jane M. Jaeger for property damage; Robert Kaesbauer for property
damage; Leo Link for property damage; Ricky Meyer for personal injury; Gerald F. Pickel for
property damage; Michael Rooney for property damage; Michael Skahill for property damage;
Laveme Strohmeyer for property damage; Bemice M. Breitfelder for property damage; Ralph G.
Hemesath for property damage; Jamie Lee Kremer for property damage; Barbara J. Schnee for
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vehicle damage; and Gary and Tina Smith for property damage, upon motion received and filed
and concurred.
Dubuque Bank and Trust: Communication from Nelson Klavitter, Dubuque Bank and Trust,
requesting voluntary annexation of property located at 2690 Rockdale Road into the City of
Dubuque, upon motion received and filed and referred to the City Manager.
Requests to Purchase: Communication from Stephen J. Schmall, Loras College, requesting to
purchase a portion of a City-owned alley abutting their property and communication from KC
Jones, Airgas-North Central, Inc., requesting to purchase a portion of Kerper Boulevard as it abuts
property being purchased at 2240 Kerper Boulevard, upon motion received and filed and referred
to the City Manager.
2007 Fireworks Display: Request of the Dubuque Jaycees, KDTH, KATF, KGRR and The River
to conduct a fireworks display on Tuesday, July 3, 2007 on Volunteer Road between Hawthome
and Lime, with a rain date of July 4,2007, upon motion received and filed and approved request.
Department of the Army: Communication from the Department of the Army advising of public
meetings to be held by the Mississippi RIver Commission, upon motion received and filed.
Certified Local Government (CLG) Program Grant Application: City Manager recommending
support for an application to the State Historical Society of Iowa for a Fiscal Year 2007 Certified
Local Govemment (CLG) Grant to conduct a Phase I Four Mounds Archeological Investigation,
upon motion received and filed. Cline moved adoption of Resolution No. 343-06 Authorizing the
submission of an application for Certified Local Govemment (CLG) program funding to conduct a
Phase I Archeological Investigation at Four Mounds Estate. Seconded by Jones. Motion carried
7-0.
Emergency Preparedness and Security Information: City Manager recommending approval of a
resolution providing for the confidentiality of emergency preparedness information and security
procedures where, if disclosed, could reasonably be expected to jeopardize the safety of City
employees, visitors, persons, or property, upon motion received and filed. Cline moved adoption
of Resolution No. 344-06 Adopting a Security Information Policy for the City of Dubuque, Iowa.
Seconded by Jones. Motion carried 7-0.
Engineering Services Contract Award for the Clear Well/Baffling Rehabilitation Project: City
Manager recommending approval of the selection of Veenstra & Kimm, Inc., to provide
engineering services for the Clear Well/Baffling Rehabilitation Project in the amount of $62,000,
upon motion received and filed and approved recommendation.
Community Economic Betterment Account (CEBA) Loan - Sedgwick CMS: City Manager
recommending approval of the execution of a CEBA Loan Agreement by and among the Iowa
Department of Economic Development, Sedgwick CMS and the City of Dubuque, upon motion
received and filed. Cline moved adoption of Resolution No. 345-06 Authorizing the execution of a
Community Economic Betterment Account Loan Agreement for One Hundred and Fifty Thousand
Dollars ($150,000) with Sedgwick CMS. Seconded by Jones. Motion carried 7-0.
Handan City: Communication from Ding Ynghui, Vice-Mayor of Handan City, thanking the City of
Dubuque for the hospitality received during their recent visit and inviting the Mayor and City
Council to Handan City, upon motion received and filed.
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Sisters of St. Francis: Communication from the Sisters of St. Francis requesting that the City
Council develop a comprehensive plan to reduce carbon emissions into the atmosphere, upon
motion received and filed and thanked the Sisters for the attention to the environment.
Legislative Communications: Communication to local legislators in appreciation of their vote
against efforts to override Governor Vilsack's veto of HF 2351 regarding the use of eminent
domain and communication to Senator Tom Harkin and Senator Charles Grassley expressing
opposition to H.R. 5252, the Advanced Telecommunications and Opportunity Reform Act (ATOR),
upon motion received and filed.
Community Health Center: City Manager recommending approval of the payment of $250,000 in
support of the Community Health Center as authorized through the Fiscal Year 2007 budget, upon
motion received and filed. Michalski moved adoption of Resolution No. 346-06 Authorizing the
distribution of $250,000 to the Tri-State Community Health Center in Dubuque for capital and
equipment funding. Seconded by Braig. Motion carried 7-0.
Environmental Stewardship Advisory Commission: Resignation of Andrea Bixler from the
Environmental Stewardship Advisory Commission, upon motion received and filed.
Worker's Compensation Claim: City Manager recommending settlement of the worker's
compensation claim of Brian Cortez, upon motion received and filed and approved
recommendation.
Community Economic Betterment Account (CEBA) Loan - Kunkel Bounds & Associates, Inc.:
City Manager recommending approval of the execution of a CEBA Loan Agreement by and among
the Iowa Department of Economic Development, Kunkel Bounds & Associates, Inc. and the City of
Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 347-06
Authorizing the execution of a Community Economic Betterment Account Loan Agreement for
Seventy-Five Thousand Dollars ($75,000) with Kunkel Bounds & Associates, Inc. Seconded by
Jones. Motion carried 7-0.
Purchase of Property - 1731 Elm Street: City Manager recommending approval of the purchase
of property located at 1731 Elm Street to be used for construction of additional parking at the new
Community Health Center, upon motion received and filed. Cline moved adoption of Resolution
No. 348-06 Approving the acquisition of real estate located at 1731 Elm Street in the City of
Dubuque. Seconded by Jones. Motion carried 7-0.
Unified Development Code (UDC) Consultant Contract: City Manager recommending approval of
the contract with JEO Consulting Group, Inc., the consultant selected for the preparation of a
Unified Development Code for the City of Dubuque, in the amount of $119,850, upon motion
received and filed and approved recommendation.
Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the July
2006 Report on the Comprehensive Plan Update process, upon motion received and filed.
City Development Board: Communication from Steven R. McCann, City Development Board
Administrator, advising that the Board will consider the City of Dubuque's voluntary annexation
request for property owned by Motor City LLC, John and Sally Jo Herrig, and Dean and Patricia
Butler at the August 9, 2006 City Development Board meeting, upon motion received and filed.
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Prosperity Eastem Iowa Marketing Efforts: City Manager recommending approval of a contract
with ECIA to assist in funding a collaborative marketing effort by Prosperity Eastem Iowa to
promote economic development opportunities, upon motion received and filed and approved
recommendation, with Lynch abstaining.
Transportation Planner - ECIA Agreement: City Manager recommending approval of a contract
with ECIA to assist in funding a part-time transportation planner to primarily provide traffic and
transportation planning for the City of Dubuque Engineering Department and Planning Services
Department, upon motion received and filed and approved recommendation.
Subdivision of Lot - Conlon Johnson Development LLC: City Manager recommending approval
to subdivide Parcel F adjacent to the Dubuque Technology Park to accommodate the
development plans submitted by Conlon John Development, LLC, upon motion received and filed.
Cline moved adoption of Resolution No. 349-06 Approving Plat of Survey of Lot 1 of F and Lot 2 of
F in Dubuque Technology Park in the City of Dubuque, Iowa and Resolution No. 350-06 Approving
Plat of Survey of Dubuque Technology Park No.2 in the City of Dubuque, Iowa. Seconded by
Jones. Motion carried 7-0.
Subdivision of Lot - First Supply, LLC: City Manager recommending approval to subdivide Lot 3
in the Dubuque Industrial Center West 5th Addition to accommodate First Supply LLC's need for a
five acre expansion site, upon motion received and filed. Cline moved adoption of Resolution No.
351-06 Approving Plat of Survey of Lot 1 of 3 and Lot 2 of 3 Dubuque Industrial Center West 5th
Addition in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0.
Quarterly Investment Report: City Manager submitting the Finance Department Quarterly
Investment Report for the period of April 1 through June 30, 2006, upon motion received and filed.
Installation of Street Lights - 1105 Locust Street: Historic Preservation Commission
recommending approval of the Installation of restored antique street lights in the City right-of-way
abutting 1105 Locust Street as requested by Dave Stuart, upon motion received and filed and
approved recommendation.
Fire Training Facility - Connection Charge: City Manager recommending approval of the
payment of the $4,659.70 sanitary sewer connection fee for the Dubuque County Emergency
Responder Training Center, upon motion received and filed.
State of Iowa Press Release: Press release issued by the State of Iowa recognizing the City of
Dubuque Housing Department for their efforts to develop or preserve independent living units to
ensure people with disability have access to housing in our community, upon motion received and
filed.
Improvement Contracts I Performance, Payment and Maintenance Bonds: Grand River Center
Fountain Sign Rehabilitation Project and Five Flags Arena Fall Protection Project, upon motion
received and filed.
Business Licenses: Cline moved adoption of Resolution No. 352-06 Granting the issuance of two
renewal permits to sell cigarettes and cigarette papers within the City limits and Resolution No.
353-06 Granting the issuance of a Class "C. Liquor License to Choo Choo Charlles, Bell Tower
Productions and Players Sports Bar. Seconded by Jones. Motion carried 7-0.
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ITEMS TO BE SET FOR PUBLIC HEARING
Conlon Johnson Development LLC Development Agreement: City Manager recommending that
a public hearing be set for August 21, 2006 to consider approval of a Development Agreement and
selling 4.694 acres of land in Dubuque Technology Park to Conlon Johnson Development LLC for
construction of a 22,000 square foot office building, upon motion received and filed. Lynch moved
adoption of Resolution No. 354-06 Intent to dispose of an interest in City of Dubuque real estate
and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a
Development Agreement relating thereto with Conlon Johnson Development LLC, and providing
for the publication of notice thereof and set public hearing for 8/21/06 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. Seconded by Connors. Motion carried 7-0.
US 20 (Devon Drive to Menards) Capacity Improvements Project: City Manager recommending
initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity
Improvements Project and that a public hearing be set for September 5, 2006, upon motion
received and filed. Lynch moved adoption of Resolution No. 355-06 Preliminary approval of plans
and specifications and Resolution No. 356-06 Setting date of hearing on plans and specifications
for 9/5/06 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. Seconded by Connors. Motion
carried 7-0.
Loras Boulevard Traffic Signalization Replacement Project: City Manager recommending
initiation of the public bidding process for the Loras Boulevard Traffic Signalization Replacement
Project and that a public hearing be set for September 5, 2006, upon motion received and filed.
Lynch moved adoption of Resolution No. 360-06 Preliminary approval of plans and specifications;
361-06 Setting date of hearing on plans and specifications for 9/5/06 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. 359-06 Ordering bids. Seconded by Connors. Motion
carried 7-0.
Expansion of First Supply LLC: City Manager recommending that a public hearing be set for
August 21, 2006 to consider selling five acres of land in Dubuque Industrial Center West to First
Supply LLC to construct a 30,000 square foot distribution warehouse, upon motion received and
filed. Lynch moved adoption of Resolution No. 360-06 Of Intent to dispose of an interest in City of
Dubuque real estate, setting a time and place for hearing on a Development Agreement relating
thereto with First Supply LLC, and providing for the publication of notice thereof, and set for public
hearing on 8/21/06 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. Seconded by Connors.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory Commission (One 1-year youth term - term of Miller)
Applicant: Claire Miller No one spoke.
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Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09 - term of
Hingtgen) Applicant: Doris M. Hingtgen No one spoke.
Housing Commission (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz
and Grant and one 3-year Section 8 term through 8/17/09 - term of Plein) At-Large Applicants:
Dorothy A. Culbertson, Jim Holz No one spoke.
Section 8 Applicant: John J. Plein Mr. Plein spoke requesting consideration for reappointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Residential Parking Permit District - Vizaleea / Keymont Street: Proof of publication on notice of
hearing to consider a request to form a Residential Parking Permit District in the Vlzaleea /
Keymont Street area and City Manager recommending approval, upon motion received and filed.
Donald Schumacher, 1762 Vizaleea, objected to the proposed Permit District, stating he should
not have to pay for parking in front of his home.
Lisa McCarthy stated this is Hempstead High School's problem and they should do something.
As it is now, emergency vehicles can not even get through when students park closely on the
nearby streets.
Robert Cook, 1819 Vizaleea, spoke in support of the Residential Parking Permit District.
Matt Zmudka, 1834 North Court and a student at Hempstead High School, spoke in opposition to
the proposed district, stating the homeowners knew they would have parking problems living next
to a school and establishing the district would push the problem to other streets.
Sydney Smith, Hempstead Student Council President, spoke in opposition to the proposed
Residential Parking Permit District stating it was unfair to students as it made them walk further.
Rose Manders, 1835 Vizaleea, spoke stating that the students are rude and act in retaliation.
Howard Haigh, representing a nearby Hillcrest facility, spoke and stressed concerns for
emergency vehicles accessibility.
Dave Olson, 909 Spires Drive, Principal of Hempstead High School, stated that parking has been
a long time, multi-faceted issue and the school is trying to address this but with a two year
remodeling program there will be less space in the parking lots.
Council discussed the ongoing parking issues near Hempstead and the students' need for
respect of the neighborhood residents.
An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by adopting a new
Section 32-401 providing for the designation of Vizaleea Drive from Pennsylvania Avenue to
Keystone Drive and Keymont Drive from Keyway Drive to its westerly terminus as a Residential
Parking Permit District, presented and read. Connors 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 Lynch. Motion carried 7-0. Jones
moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0.
Cedar Street and Dog Track Wastewater Pumping Stations Improvement Project: Proof of
publication on notice of hearing to consider adoption of the plans and specifications for the Cedar
Street and Dog Track Wastewater Pumping Stations Improvement Project and City Manager
recommending approval and award of the contract to Portzen Construction, in the amount of
$1,400,000, with the possibility of a $100,000 deduction in the contract price for an alternative
pump selection, upon motion received and filed. Michalski moved adoption of Resolution No. 361-
06 Adopting plans and specifications; Resolution No. 362-06 Awarding contract and Resolution
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No. 363-06 Approving construction contract with Portzen Construction, Inc. Seconded by Braig.
Motion carried 7-0.
National Mississippi River Museum and Aquarium Expansion Project I Former Adams Company
Building Re-Roof and Structural Repairs Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the National Mississippi River Museum and
Aquarium Expansion Project I Former Adams Company Building Re-Roof and Structural Repairs
Project and City Manager recommending approval and award of the contract to Tricon General
Construction, upon motion received and filed. Connors moved adoption of Resolution No. 364-06
Adopting plans and specifications; Resolution No. 365-06 Awarding the contract for the National
Mississippi River Museum and Aquarium Project, Former Adams Company Building Re-Roof and
Structural Repairs (EDA Project No. 05-01-03816) to Tricon General Construction and Resolution
No. 366-06 Approving construction contract with Tricon General Construction for the National
Mississippi River Museum and Aquarium Expansion Project, Former Adams Company Building
Re-Roof and Structural Repairs (EDA Project No. 05-01-03816). Seconded by Michalski. Motion
carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Sidewalk Installation Delay Request City Manager recommending that the request of Mr. and
Mrs. Michael Lombardi, 948 Spires Drive, and Mr. and Mrs. Richard Soens, 978 Spires Drive, to
delay the installation of new public sidewalk ion the Knight Court side of their property be approved
and that the City's sidewalk policy be amended, upon motion received and filed and approved
recommendation and directed a policy amendment to reflect this change.
Liquor License - Gin Rickey's: City Manager recommending that the liquor license for Gin
Rickey's be approved for a period of six months, upon motion received and filed. Connors moved
adoption of Resolution No. 367-06 Granting a six-month Class .C" Liquor License to Gin Rickey's.
Seconded by Jones. Carried by the following vote: Yeas-Suol, Cline, Connors, Lynch, Michalski.
Nays-Braig, Jones.
Dubuque Screw Products, Inc.: City Manager submitting a request from Dubuque Screw
Products, Inc. to assign the Purchase Agreement, but not the Development Agreement, approved
by the City Council on June 19, 2006 to Beck Construction, Inc., upon motion received and filed
and approved request and the City Attomey authorized to finalize the non-material changes.
Fiscal Year 2007 Dubuque County REAP Plan: City Manager recommending approval of the
City of Dubuque's update of the FY 2007 Dubuque County REAP Plan, submittal of the FY 2007
REAP grant application of $200,000 for the Trolley Line Trail at Eagle Point Park and appointment
of a City Council representative (currently Council Member Joyce Connors) to the REAP
Committee, upon motion received and filed and approved recommendation and reappointment of
Joyce Connors. Michalski moved adoption of Resolution No. 368-06 Authorizing a REAP Grant
Application to the Iowa Department of Natural Resources for Trolley Line Trail. Seconded by
Cline. Motion carried 7-0.
l.owa League of Cities' Legislative Issues Survey: City Manager recommending approval of the
City's response to the Iowa League of Cities' Legislative Issues Survey, upon motion received and
filed and approved response.
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COUNCIL MEMBER REPORTS
Ann Michalski stated that an article in the New York Times sounded amazingly like Dubuque.
Roy D. Buol stated that the people at the Kiwanis Convention were impressed with Dubuque. Ric
Jones stated there were 600+ people at the Kiwanis Convention who were very impressed with
Dubuque and want to come back again next year.
At 8:37 P.M. upon motion Council went into Closed Session: re: Pending Litigation and Property
Acquisition - Chapter 21.5(1 )(c)G) 2005 Code of Iowa.
At 9:01 P.M. Council reconvened stating that Staff had been given proper direction.
There being no further business, upon motion meeting adjoumed at 9:02 P.M.
A~
a;ne F. Schneider, CMC
City Clerk
1 t 8/16
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