12 4 06 City Council Proceedings
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 4, 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 Joanne M. Burrows, SC, PHD, President of Clarke College
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 10/23 and 11/13; City Council of 11/20;
Electrical Code Board of 11/20; Housing Code Appeals Board of 6/20; Long Range Planning
Advisory Commission of 11/15; Park and Recreation Commission of 10/10; Plumbing Board of
11/15; Transit Board of 10/12 and 11/9, upon motion received and filed.
Proof of publication of City Council Proceedings of November 6, 2006, upon motion received and
filed.
Printed City Council Proceedings for July and August, 2006, upon motion received and filed and
approved as printed.
Notice of Claims/Suits:
Mortgage Electronic Registration Systems, Inc. vs. City of Dubuque Housing and Community
Development Department, et al, upon motion received and filed and referred to the City Attorney.
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: Tricia Vosberg-Padgett for personal
injury, upon motion received and filed and concurred.
E.B. Lyons Interpretive Center Expansion Project: Communications from the Long Range
Planning Advisory Commission, Historic Preservation Commission and the Environmental
Stewardship Advisory Commission in support of the E.B. Lyons Interpretive Center Expansion
Project, upon motion received and filed.
Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the
November update on the Comprehensive Plan, upon motion received and filed.
AIA Sustainable Design Team Grant Application: City Manager transmitting the final grant
application submitted on November 29, 2006 to the American Institute of Architects for the
Sustainable Design Assessment Team Program, upon motion received and filed.
Communication from the Historic Preservation Commission in support of the AIA Sustainable
Design Team Grant Application, upon motion received and filed.
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Bureau of Indian Affairs Regulations: City Manager transmitting information on the proposed
Bureau of Indian Affairs Rules regarding Indian Casinos and recommending that the City submit
comments, upon motion received and filed.
Brownfield Application: City Manager recommending approval of an application to be submitted
to the U.S. Environmental Protection Agency for a Brownfield’s Assessment Grant to assess
environmental contamination in and near the Bee Branch Restoration Area, upon motion received
and filed. Cline moved adoption of Resolution No. 570-06 Endorsing an application for the U.S.
Environmental Protection Agency’s Brownfield Assessment Grant Program. Seconded by Lynch.
Motion carried 7-0.
Paint Ham House Trim Project: City Manager recommending acceptance of the Paint Ham
House Trim Project as completed by John C. Kaiser Company in the final contract amount of
$35,830, upon motion received and filed. Cline moved adoption of Resolution No. 571-06
Accepting improvement and Resolution No. 572-06 Approving final estimate. Seconded by Lynch.
Motion carried 7-0.
Pyatigorsk Park Parking Lot Project: City Manager recommending acceptance of the Pyatigorsk
Park Parking Lot Project as completed by River City Paving in the final contract amount of
$46,247.44, upon motion received and filed. Cline moved adoption of Resolution No. 573-06
Accepting improvement and Resolution No. 574-06 Approving final estimate. Seconded by Lynch.
Motion carried 7-0.
Financial Advisory Services: City Manager recommending approval of a Request for Proposals
for the City’s financial advisory services, upon motion received and filed and approved
recommendation.
City/County Winter Road Maintenance Agreement: City Manager recommending approval of a
new Cooperative Winter Roadway Maintenance Agreement between the City and County of
Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 575-06
Approving the Winter Roadway Maintenance Agreement between the City of Dubuque and
Dubuque County. Seconded by Lynch. Motion carried 7-0.
Human Rights Commission 2006 Annual Report: City Manager submitting the Human Rights
Commission’s Annual Report for Fiscal Year 2006, upon motion received and filed. Braig
commended the Commission and staff for their efforts.
Administrative Service Concepts (ASC) Fee Renewal: City Manager recommending approval of
the renewal rates from Alternative Service Concepts (ASC) for administration of the City’s workers’
compensation program, upon motion received and filed and approved recommendation.
City of Dubuque Voluntary Annexation: Communication from Chester J. Culver, Secretary of
State, advising that the voluntary annexation of property as requested by Dubuque Bank and
Trust has been reviewed and that it complies with the requirements of Iowa Code Section 368.7,
upon motion received and filed.
Cedar Ridge Farm Place No. 7: Communication from Julian G. Nemmers requesting acceptance
of the public improvements in Cedar Ridge Farm Place No. 7 in the City of Dubuque, Iowa, upon
motion received and filed and referred to the City Manager.
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Rosedale Avenue Reconstruction Project: City Manager recommending approval of the partial
release of retainage of five percent of the construction costs to one percent for the Rosedale
Avenue Reconstruction Project, upon motion received and filed and approved recommendation.
Request for Proposals - Local Voice Service, Long Distance and Internet Service: City Manager
recommending approval of a Request for Proposals (RFP) for Local Voice Service, Long Distance
and Internet Services in partnership with Dubuque County, upon motion received and filed and
approved recommendation.
Request for Proposals – Digital Orthophotography and Data Collection: City Manager
recommending approval of a Request for Proposals for Digital Orthophotography and Data
Collection for the corporate limits of the City of Dubuque, as well as potential annexation areas,
upon motion received and filed and approved recommendation.
Purchase of Parking Lot: City Manager recommending approval of the purchase of the parking
lot located at 12th and Bluff Street from Greg Stover in the amount of $115,000, plus the
acknowledgement of a charitable donation, to provide additional parking opportunities for library
customers and employees, upon motion received and filed and approved recommendation.
FCC Notice of Inquiry: City Manager recommending approval for the City of Dubuque to join a
coalition of municipalities in responding to a Federal Communications Commission Notice of
Inquiry on a number of issues affecting local communities, including the effect to local franchising
on video competition, and to authorize up to $5,000 from the Cable TV budget for that purpose,
upon motion received and filed and approved recommendation.
Vision Iowa Update / Request for Extension: Communication to Andy Anderson, Chairman of the
Vision Iowa Board, providing an update on various Vision Iowa projects and requesting an
extension for completion of the Shot Tower Restoration project, upon motion received and filed
and approved.
Grass Cutting Charges: City Manager recommending approval of the levy of special
assessments for grass cutting charges to the Dubuque County Treasurer in order to establish real
property liens for collection of such charges, upon motion received and filed. Cline moved
adoption of Resolution No. 576-06 Adopting the Schedule of Assessments for the grass cutting
charges specifying the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable and directing the
Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice
thereof. Seconded by Lynch. Motion carried 7-0.
Dubuque Screw Products, Inc.: City Manager recommending approval of the Assignment of
Development Agreement of Dubuque Screw Products, Inc. to Michael R. Scherr, President of
Dubuque Screw Products, Inc., upon motion received and filed and approved recommendation.
Signed Contracts: Eagle Point Park Concrete Replacement Project – Change Order; Cost
Estimate – Survey and Plat for Shot Tower; Floodwall Improvement Projects – Change Order #3;
and A.Y. McDonald Park Project, upon motion received and filed.
Business License Refund: Request of Cindy McKenna for a refund of the liquor license for The
Penalty Box in the amount of $633.75, upon motion received and filed and approved refund.
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Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted, upon motion received and filed. Cline moved adoption of Resolution No. 577-06
Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart – 4039 Pennsylvania,
Kwik Stop Food Mart – 2320 Hwy 61, Oky Doky #21 and Big 10 Mart and Resolution No. 578-06
Granting the issuance of a Class “B” Liquor License to Holiday Inn Five Flags, Class “C” Liquor
License to Pepper Sprout, Instant Replay, Cue Masters Billiards, Mario’s Italian Restaurant, The
White House, Bowling and Beyond, Las Margaritas; Special Class “C” Liquor License to Cookin
Something Up; Class “B” Wine to Cookin Something Up; and Class “E” Liquor License for Sam’s
Club. Seconded by Lynch. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Code of Ordinance Update: City Manager recommending that a public hearing be set for
December 18, 2006 to consider approval of the revised Code of Ordinances, upon motion
received and filed and set public hearing for 12/18/06 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.
Development Agreement for the Port of Dubuque Adams Development Project: City Manager
recommending that a public hearing be set for January 16, 2007 to consider approval of a
Development Agreement with Port of Dubuque Adams Development LLC for a development in the
Port of Dubuque, including the Adams Company building site, upon motion received and filed.
Cline moved adoption of Resolution No. 579-06 (1) Approving the Minimum Requirements,
Competitive Criteria, and Offering Procedures for the development of certain real property and
improvements in the Greater Downtown Urban Renewal District; (2) determining that the
Development Agreement submitted by Port Of Dubuque Adams Development, LLC satisfies the
Offering Requirements with respect to the real property and improvements and declaring the
intent of the City Council to approve the Development Agreement with Port of Dubuque Adams
Development, LLC in the event that no competing proposals are submitted; and (3) soliciting
competing proposals, and set this for public hearing on 1/16/07 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.
Chaplain Schmitt Memorial Project: City Manager recommending initiation of the public bidding
process for the Chaplain Schmitt Memorial project and further recommending that a public hearing
be set for January 16, 2007, upon motion received and filed. Cline moved adoption of Resolution
No. 580-06 Preliminary approval of plans and specifications; Resolution No. 581-06 Setting date
of hearing on plans and specifications for 1/16/07 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. 582-06 Ordering bids. Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Human Rights Commission (Three 3-year terms through January 1, 2010 – Terms of Giesen,
Jackson and Jarrard)
Applicants: Mary Coan, Shane Oswald, Gretel Winterwood
Mr. Oswald spoke requesting consideration for appointment.
Appointment to the following Commission:
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Investment Oversight Advisory Commission (One unexpired term through 7/1/08)
Applicant: Virgil Blocker
Upon motion Mr. Blocker was appointed to the unexpired term which will expire 7/1/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Sewer Revenue Capital Loan Notes - $253,850: Proof of publication on notice of hearing to
consider the proposition of issuing not to exceed $253,850 in Sewer Revenue Capital Loan Notes
for rehabilitation of sanitary sewers in connection with the North Fork Catfish Creek Project and
the Water Pollution Control Plant Study and City Manager recommending approval, upon motion
received and filed. Connors moved adoption of Resolution No. 583-06 Instituting proceedings to
take additional action for the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed $253,850 Sewer Revenue Capital Loan Notes and Resolution No. 584-
06 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and
between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for
the issuance and securing the payment of $253,850 Sewer Revenue Capital Loan Notes
Anticipation Project Note, Series 2006, of the City of Dubuque, Iowa under the provisions of the
Code of Iowa, and providing for a method of payment of said Note. Seconded by Jones. Motion
carried 7-0.
General Obligation Capital Loan Notes - $1,889,521: Proof of publication on notice of hearing to
consider the proposition of issuing not to exceed $1,889,521 in General Obligation Capital Loan
Notes from the State of Iowa Revolving Fund Loan (SRF) for the Lower Bee Branch Creek
Restoration Project and Upper Bee Branch Creek Restoration Project and culvert improvements
and creek restoration and stabilization undertaken as part of the North Fork Catfish Creek Project
and City Manager recommending approval, upon motion received and filed. Cline moved
adoption of Resolution No. 585-06 Instituting proceedings to take additional action on the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$1,889,521 General Obligation Capital Loan Notes and Resolution No. 586-06 Approving and
authorizing a form of Interim Loan and Disbursement Agreement by and between the City of
Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and
securing the payment of $1,889,521 General Obligation Capital Loan Notes Anticipation Project
Note, Series 2006, of the City of Dubuque, Iowa under the provisions of the Code of Iowa, and
providing for a method of payment of said Note. Seconded by Lynch. Motion carried 7-0.
Port of Dubuque Storm Sewer Extension – Phase V Project: Proof of publication on notice of
hearing to consider the Port of Dubuque Storm Sewer Extension – Phase V Project and City
Manager recommending award of the contract to Tschiggfrie Excavating in the amount of
$118,492.40, upon motion received and filed. Cline moved adoption of Resolution No. 587-06
Adopting plans and specifications; Resolution No. 588-06 Awarding construction contract for the
Port of Dubuque Storm Sewer Extension – Phase V Project, and Resolution No. 589-06
Approving construction contract with Tschiggfrie Excavating for the Port of Dubuque Storm Sewer
Extension – Phase V Project. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
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Residential Parking Permit District (First Reading on November 6, 2006 and Second Reading on
November 20, 2006): Communication from Jude Claussen, 1833 Hansel Drive, urging a yes vote
on the Residential Parking Permit District on Hansel Drive, upon motion received and filed.
Discussion ensued about this Parking Permit District with Michalski stating she disagrees with
the concept of RPPD’s, Connors commented on the letter from School Superintendent John
Burgart in which he stated that the schools have started to look for resolution of this problem, and
Cline stated that this area would continue to be a problem.
Ordinance No. 75-06 Establishing a Residential Parking Permit District on Hansel Drive from
Keystone Drive to Keymont Drive, said Ordinance having been presented and read at the Council
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Meetings of November 6 and November 20, now presented for final action. Jones moved final
consideration and passage of the Ordinance. Seconded by Braig. Motion carried 5-2 with Cline
and Michalski voting Nay.
Building Code Amendment and Window Replacement and Alteration Policy: City Manager
recommending approval of a Building Code Amendment and Window Replacement and Alteration
Policy which would allow staff to have the ability to approve a building permit for the alteration or
replacement of a window in a historic district in lieu of formal HPC Design Review, provided the
proposed alteration or replacement meets either the City’s Architectural Guidelines for Historic
Structures or the Window Replacement and Alteration Policy, upon motion received and filed.
Ordinance No. 76-06 Amending Chapter 11 (Building Regulations) of the City of Dubuque Code
of Ordinances by amending Section 11-2 International Building Code Amendments and Section
11-6 International Residential Code Amendments, 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
Jones. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Comprehensive Plan Update: Communication from the Long Range Planning Advisory
Commission requesting that a work session be scheduled for an update on the Comprehensive
Plan, upon motion received and filed and set the work session for January 22, 2007 at 5:30 p.m.
Municipal Fire and Emergency Service Response and Deployment Study: City Manager
recommending that a work session be scheduled for January 3, 2007 at 5:00 p.m. to receive a
presentation on the Municipal Fire and Emergency Service Response and Deployment Study from
the consultant, Travis Miller of the Matrix Consulting Group, upon motion received and filed and
approved recommendation for work session for 1/3/07 at 5:00 p.m.
Fiscal Year 2008 Budget Hearing Schedule: City Manager recommending approval to move the
previously scheduled February 20th budget hearing to March 6, 2007, upon motion received and
filed and approved the Budget Hearing date change to March 8, 2007.
At 7:15 P.M. upon motion Council went into Closed Session re: Pending Litigation and Property
Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-
0.
There being no further business, upon motion meeting adjourned at 7:24 P.M.
/s/ Jeanne F. Schneider, CMC
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City Clerk
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