Minutes City Council 8 18 08CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on August 18, 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 called for the purpose of
discussing such matters which may properly come before the City Council.
Invocation was provided by Sr. Jennifer Rausch, Sisters of the Presentation.
PROCLAMATION
Irish Hooley Day (August 23, 2008) was accepted by Mary Kate Knabel and Katie Michel.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 8/4; Civil Service Commission of 7/8;
Enterprise Zone Commission of 8/11; Environmental Stewardship Advisory Commission of 8/5;
Historic Preservation Commission of 7/17; Human Rights Commission of 7/14
Proof of publication of City Council Proceedings of July 21, 2008 and List of Claims and
Summary of Revenues for Month Ended June 30, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Jay McDonald for vehicle damage; Rosamond K. Lytle for personal
injury; Megan Hefel for vehicle 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: Megan Hefel for
vehicle damage; Jay McDonald for property damage; Rosamond K. Lytle for personal
injury/property damage. Upon motion the documents were received and filed and concurred.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Public Safety Dispatcher and Traffic Signal Technician II (as corrected). Upon
motion the documents were received and filed and made a Matter of Record.
Citizen Communications: Petition from the residents of Heeb Street requesting a review of
the City ordinance requiring anyone parking on City streets to park with the direction of the flow
of traffic.
Communication from Matt, Melanie and Isaiah Schlimm requesting the installation of stop
signs at the intersection of Sunnyview Drive and Saint Ambrose Street.
Upon motion the documents were received and filed and referred to the City Manager.
Sutton Pool Parking Lot Resurfacing Project: City Manager recommending acceptance of
the Sutton Pool Parking Lot Resurfacing Project improvements and payment of the contract
amount of $31,493.95 to River City Paving. Upon motion the documents were received and
filed and Resolution No. 266-08 Accepting the Sutton Pool Parking Lot Resurfacing Project
and authorizing payment of the contract amount to the contractor was adopted.
Request for Water Main Extension: Communication from Thomas L. Henschel, 995 June
Drive, requesting that the City extend the water main to Miller Road. Upon motion the
document was received and filed.
Miller Road – Request for Water Main Extension: City Manager advising that water main will
be extended to properties in the first section of Miller Road in response to a request from Kathy
Bitter. Upon motion the documents were received and filed.
Farley and High Bluff Street Storm Sewer Project: City Manager recommending acceptance
of the Farley and High Bluff Street Storm Sewer Project and payment of the contract amount of
$27,580.00 to Drew Cook & Sons Excavating, Inc. Upon motion the documents were received
and filed and Resolution No. 267-08 Accepting the Farley and High Bluff Street Storm Sewer
Project and authorizing payment of the contract amount to the contractor was adopted.
Request for Proposals – KeyLine Transit System: City Manager recommending approval of
the issuance of a Request for Proposals for a Comprehensive Operational Analysis (COA) of
the KeyLine Transit System. Upon motion the documents were received, filed, and approved.
Collective Bargaining Agreement – Teamsters Local Union No. 421 (Bus Operators): City
Manager recommending approval of a three-year collective bargaining agreement between the
City and the Teamsters Local Union No. 421. Upon motion the documents were received and
filed and Resolution No. 268-08 Approving the Agreement between the City of Dubuque, Iowa
and the Teamsters Local Union No. 421 (Bus Operators) and authorizing the Mayor to sign the
Agreement was adopted.
PEG Capital Grant Expenditure Request: City Manager recommending approval of two
requests for funding from the Capital Grant for Access Equipment and Facilities. Upon motion
the documents were received, filed, and approved.
Acceptance of Deed – Purchase of 6900 Pennsylvania Avenue: City Manager
recommending acceptance of the deed from Elaine M. White for property located at 6900
Pennsylvania Avenue. Upon motion the documents were received and filed and Resolution No.
269-08 Accepting the deed to certain real estate in Dubuque County, Iowa from Elaine M.
White was adopted.
Plat of Survey – Westbrook Subdivision: Zoning Advisory Commission recommending
approval of the Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook Subdivision.
Upon motion the documents were received and filed and Resolution No. 270-08 Approving the
Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook Subdivision in the City of
Dubuque, Iowa, was adopted.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors requesting that the City review the intersection of Old Highway Road and Seippel
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Road regarding movement of truck traffic. Upon motion the document was received and filed
and referred to the City Manager.
Couler Valley Drainage Area: City Manager submitting a response to Dubuque County
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Supervisor Donna Smith regarding the moving of dirt from the 32 Street Detention Basin to a
location north of Flexsteel Industries within the Couler Valley Drainage area. Upon motion the
documents were received and filed.
International Economic Development Council (IEDC) Award: City Manager advising that the
City of Dubuque has been selected for an Honorable Mention Award in the Public-Private
Partnerships (population 50,000-200,000) by the International Economic Development Council
for the America’s River Project. Upon motion the document was received and filed.
2008 Comprehensive Plan: City Manager transmitting the Citizens Guide to the 2008
Comprehensive Plan and 2030 Future Land Use Map. Upon motion the documents were
received and filed.
Settlement Agreement and General Release – Aerial Services, Inc.: City Manager
recommending acceptance of a $52,884 payment from Aerial Services, Inc. and approval of
the Settlement Agreement related to the 2007 Orthophotography and Mapping Project. Upon
motion the documents were received, filed, and approved.
University of Dubuque Fireworks Display: Communication from Steve Kelley, University of
Dubuque, requesting permission to display fireworks on September 6, 2008 at the new
Chlapaty Sports Complex and to close Grace Street from McCormick Street to Algona Street.
Upon motion the document was 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. 271-08 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to
Riverfest; and a Class “C” Beer Permit to Family Mart, Kwik Stop Food Mart, and Ron’s
Discount Smokes; and Resolution No. 272-08 Granting the issuance of a Class “C”
Beer/Liquor License to Fat Tuesday’s, Courtside Sports Bar, Chances R, and Star Restaurant;
Special Class “C” (BW) Liquor License (5-Day Special Event) to Four Mounds Foundation; and
a Class “B” Wine Permit to Star Restaurant were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
Quince Street Utility Project: City Manager recommending initiation of the public bidding
process for the Quince Street Utility Project and that a public hearing be set for September 2,
2008 to consider approval of the plans and specifications, form of contract and estimated cost.
Upon motion the documents were received and filed and Resolution No. 273-08 Preliminary
approval of plans, specifications, form of contract, and estimated cost, setting date of public
hearing and ordering bids for the Quince Street Utility Project; Resolution No. 274-08
Approving the plat, schedule of assessments and estimate of total cost and setting date of
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public hearing on Resolution of Necessity; and Resolution No. 275-08 Resolution of Necessity
were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September
2, 2008 in the Historic Federal Building.
Fire Station No. 2 Parking Lot Reconstruction Project: City Manager recommending initiation
of the public bidding process for the Fire Station No. 2 Parking Lot Reconstruction Project and
that a public hearing be set for September 2, 2008 to consider approval of the plans and
specifications, form of contract and estimated cost. Upon motion the documents were received
and filed and Resolution No. 276-08 Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the Fire
Station No. 2 Parking Lot Reconstruction Project was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on September 2, 2008 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
Airport Commission: One 4-year term through September 14, 2012 (Term of Czeshinski).
Applicant: Susan Czeshinski, 2203 Sunnyslope Drive.
Appointments to the following Boards/Commissions:
Historic Preservation Commission (Langworthy District Interim Appointment): One 3-year
vacant term through July 1, 2011 (Term of Wainwright). Applicant: Pamela Cleek, 285 Burch
Street. Motion by Connors to appoint Pamela Cleek to a 3-year term on the Historic
Preservation Commission as an Interim Commissioner for the Langworthy District through July
1, 2011. Seconded by Jones. Motion carried 7-0.
TV Cable Community Teleprogramming Commission: One 3-year term through June 30,
2011 (Term of Hoverman). Applicant: Sr. Carol Hoverman, 1555 White Street. Motion by Jones
to appoint Sr. Carol Hoverman to a 3-year term on the TV Cable Teleprogramming
Commission through June 30, 2011. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Request to Rezone – 2635 / 2635 ½ University Avenue: Proof of publication on notice of
hearing to consider a request from Greg Prehm, Dubuque Property Management, to rezone
property located at 2635 / 2635 ½ University Avenue from R-1 Single-family Residential District
and R-2 Two-Family Residential District to PR Planned Residential District and Zoning
Advisory Commission recommending denial.
Communication from Greg Prehm, Dubuque Property Management, withdrawing his request
for rezoning property at 2635 / 2635 ½ University Avenue.
Motion by Voetberg to receive and file the document and accept the request to withdraw.
Seconded by Connors. Motion carried 7-0.
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U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project: Proof of
publication on notice of hearing to consider the plans and specifications, form of contract and
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estimated cost for the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial
Project and City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 277-08 Approving plans, specifications, form of contract,
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and estimated cost for the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial
Project. Seconded by Braig. Motion carried 7-0.
Green Alley Pilot Project: Proof of publication on notice of hearing to consider the plans and
specifications, form of contract and estimated cost for the Green Alley Pilot Project and City
Manager recommending that the project be abandoned at this time. Motion by Lynch to receive
and file the documents and adopt Resolution No. 278-08 Rescinding Resolution No. 265-08
which provided preliminary approval of plans, specifications, form of contract, and estimated
cost and ordered the advertisement for bids for the Green Alley Pilot Project. Seconded by
Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Tri-State Stamp Club: Request of Ted Clemens, Tri-State Stamp Club, to address the City
Council concerning the special cover which will be issued in connection with the November 1,
2008 stamp show. Motion by Connors to receive and file. Seconded by Voetberg. Mayor Buol
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suggested Mr. Clemens contact the 175 Anniversary Committee. Motion carried 7-0.
Five Flags Report: Joyce White, General Manager of the Five Flags Center for SMG, to
present a report on the activity level of the Center in Fiscal Year 2008 and the prospects for
Fiscal Year 2009. Motion by Lynch to receive and file the document. Seconded by Jones.
Motion carried 7-0.
Settlement Agreement – Eagle Point Rock Face: City Manager recommending approval of
the settlement agreement with Royal Oaks Development for the Eagle Point Bluff Scaling and
Tree Removal Project. Motion by Jones to receive and file the documents and approve.
Seconded by Connors. Motion carried 7-0.
Placement of Helicopter at Veterans’ Memorial Plaza: City Manager recommending
approval of the placement of a Cobra Helicopter at the Veterans’ Memorial Plaza at McAleece
Park and Recreation Complex. Motion by Lynch to receive and file the documents and adopt
Resolution No. 279-08 Approving the placement of a helicopter at Veterans’ Memorial Plaza at
the McAleece Park and Recreation Complex. Seconded by Jones. Motion carried 7-0.
Amendments to Fiscal Year 2008 and Fiscal Year 2009 Annual Action Plans: City Manager
recommending approval of an amendment to the Fiscal Year 2008 and Fiscal Year 2009
Annual Action Plans for the City’s Community Development Block Grant (CDBG) program.
Motion by Connors to receive and file the documents and adopt Resolution No. 280-08
Approving Fiscal Year 2008 Annual Action Plan Amendment #4 and Fiscal Year 2009 Annual
Action Plan Amendment #2 for Community Development Block Grant Funds. Seconded by
Jones. Developer John Gronen stated that he has worked with the Economic Development
Department for a façade grant and that the relocated building would provide retail and
apartment space. Motion carried 7-0.
Downtown Parking Needs Assessment Study: City Manager submitting the final report on
the Downtown Parking Needs Assessment Study and recommending a course of action.
Motion by Connors to receive and file the documents and concur. Seconded by Jones. City
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Council questioned the cost of new parking facilities versus the gain in space and the concepts
of overselling and un-reserving. Parking System Supervisor Tim Horsfield stated that this
would keep the project moving, and a plan would be brought back to the City Manager. Motion
carried 7-0.
Bee Branch Creek Restoration Project: City Manager recommending approval to negotiate a
contract with Strand Associates, Inc. to provide engineering and design services for the Bee
Branch Creek Restoration Project. Motion by Connors to receive and file the documents and
approve. Seconded by Braig. Motion carried 7-0.
Dubuque Industrial Center West – North Siegert Farm Grading Project: City Manager
recommending award of the contract for the Dubuque Industrial Center West – North Siegert
Farm Grading Project to Frattalone Companies, Inc. in the amount of $3,522,871.19. Motion by
Connors to receive and file the documents and adopt Resolution No. 281-08 Awarding public
improvement contract for the Dubuque Industrial Center West – North Siegert Farm Grading
Project. Seconded by Lynch. Motion carried 7-0.
Advisory Committee on Rules of Civil Procedure: City Manager advising that City Attorney
Barry Lindahl has been appointed to the Advisory Committee on Rules of Civil Procedure by
the Supreme Court of Iowa, for a three-year term ending September 30, 2011. Motion by
Connors to receive and file the document. Seconded by Braig. City Council congratulated
Lindahl on his appointment. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors reported on the Bike Rodeo and give-away sponsored by the Downtown
Neighborhood Council in Jackson Park on August 16. She commented on the need for
restrooms at the park.
Voetberg reported on the unveiling of the bike rack and noted that the City should look at
using the design in other areas.
Buol mentioned a possible “Art on the Street” program after having received citizen
comments regarding the need for bike racks around the city.
CLOSED SESSION
Motion by Jones to go into closed session at 8:00 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) of the 2007 Code of Iowa. Seconded by
Connors. Motion carried 7-0.
Upon motion at 8:11 p.m., City Council reconvened in open session stating they had given
staff proper direction.
There being no further business, upon motion the City Council adjourned at 8:12 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 8/27
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