Minutes City Council Regular Meeting 1 5 09CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on January 5, 2009 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 Reverend Nancy Bickel, First Congregational United Church of
Christ
PROCLAMATIONS
Special Olympics Iowa Dubuque Winter Games Proclamation (January 12 - 14, 2009) was
accepted by Paul Correll, 917 Patricia Ann Drive; Martin Luther King Days (January 18 and 19,
2009) was accepted by Reverend Tim Bees, 1401 Henion Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 12/15; Civil Service Commission of 12/23;
Park and Recreation Commission of 12/9; Plumbing Board of 12/18
Proofs of publication of City Council Proceedings of December 1, 2008 (Regular and
Special Meeting)
Upon motion the documents were received and filed.
Notice of Claims/Suits: Bonjour Estates for property damage; Gloria Kramer for vehicle
damage; Timothy Wolfe for personal injury; Debbie Kieffer for vehicle damage; French Quarter
Estates, L.C. vs. City of Dubuque for overcharging for water service; Jim David for property
damage; William Latham for personal injury; Noel F. Ploessl 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: Timothy R. Wolfe for
personal injury; Debbie Kieffer for vehicle damage; Gloria Kramer for vehicle damage. Upon
motion the documents were received, filed and concurred.
Worker's Compensation Claims Administrative Services Agreement: City Manager
recommending approval of the agreement between the City of Dubuque and Alternative
Services Concepts (ASC) for services related to the administration of the City's Worker's
Compensation Program. Upon motion the documents were received, filed, and approved.
Hempstead Safety Improvements -Crosswalks and Geometrics Project: City Manager
recommending that the Hempstead Safety Improvements -Crosswalks and Geometrics
Project contract award to McDermott Excavating in the amount of $83,403.51 be recorded in
the official minutes of the City Council. Upon motion the documents were received and filed
and made a Matter of Record.
2008 Sidewalk Assessment Program: City Manager recommending approval of the levy of
special assessments for the 2008 Sidewalk Inspection Program. Upon motion the documents
were received and filed and Resolution No. 1-09 Adopting the final assessment schedule for
the 2008 Sidewalk Assessment Program was adopted.
Mayor Communication: Communication from Mayor Roy Buol to The Honorable Thomas
Vilsack congratulating him on his appointment by President-Elect Barack Obama as Secretary
of the U.S. Department of Agriculture and offering a suggestion on how to help revitalize rural
America. Upon motion the document was received and filed.
City of Epworth: Communication from Phillip W. Silker, Mayor of the City of Epworth,
thanking the City of Dubuque Fire Department for their assistance with a fire in the early
morning hours of December 7th. Upon motion the document was received and filed.
1000 Friends of Iowa: Two news releases announcing that the City of Dubuque HEART
Program has received the 1000 Friends of Iowa 2008 Best Development Award. Upon motion
the documents were received and filed.
Groveland Place Sanitary Sewer Reconstruction Project: City Manager recommending
acceptance of the Groveland Place Sanitary Sewer Reconstruction Project as completed by
Arensdorf Excavating & Trucking in the final contract amount of $46,884.14. Upon motion the
documents were received and filed and Resolution No. 2-09 Accepting the Groveland Place
Sanitary Sewer Reconstruction Project and authorizing the payment of the contract amount to
the contractor was adopted.
John F. Kennedy Road and Kaufmann Avenue Storm Sewer Project: City Manager
recommending acceptance of the John F. Kennedy Road and Kaufmann Avenue Storm Sewer
Project as completed by McDermott Excavating in the final contract amount of $70,278.16.
Upon motion the documents were received and filed and Resolution No. 3-09 Accepting the
John F. Kennedy Road-Kaufmann Avenue Storm Sewer Project and authorizing the payment
of the contract amount to the contractor was adopted.
Hawthorne Street - Sutton Pool Storm Sewer Extension Project: City Manager
recommending acceptance of the Hawthorne Street -Sutton Pool Storm Sewer Extension
Project as completed by Drew Cook & Sons Excavating Co., Inc. of Dubuque, Iowa, in the final
contract amount of $41,286.40. Upon motion the documents were received and filed and
Resolution No. 4-09 Accepting the Hawthorne Street -Sutton Pool Storm Sewer Extension
Project and authorizing the payment of the contract amount to the contractor was adopted.
Supervisory Training Agreement: City Manager recommending approval of an agreement
with Dale Carnegie Training to provide supervisory training for the City of Dubuque. Upon
motion the documents were received, filed, and approved.
Purchase of Property - 1576 Maple Street: City Manager recommending approval of the
purchase of a residential dwelling located at 1576 Maple 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. 5-09 Approving the acquisition of real
estate located at 1576 Maple Street in the City of Dubuque, Iowa, was adopted.
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Zoning Board of Adjustment Resignation: Resignation of William Gasper from the Zoning
Board of Adjustment. Upon motion the document was received and filed and the resignation
accepted.
Five Flags HVAC and Promenade Roof Replacement Project: City Manager recommending
acceptance of the Five Flags HVAC and Promenade Roof Replacement Project as completed
by Giese Sheet Metal in the final contract amount of $711,126.00. Upon motion the documents
were received and filed and Resolution No. 6-09 Accepting improvement and Resolution No.
7-09 Approving final estimate were adopted.
Veterans Memorial Park Rest Room Renovation Project: City Manager recommending
acceptance of the Veterans Memorial Park Rest Room Renovation Project as completed by
Klauer Construction Company in the final contract amount of $70,485. Upon motion the
documents were received and filed and Resolution No. 8-09 Accepting improvement and
Resolution No. 9-09 Approving final estimate was adopted.
ACHIEVE Healthy Communities Grant: City Manager recommending approval of an
application to the National Recreation and Park Association to become an ACHIEVE Healthy
Communities Demonstration Site. Upon motion the documents were received, filed, and
approved.
2008 Annual Tax Increment Financing Report: City Manager recommending approval of the
2008 Annual Tax Increment Financing Report. Upon motion the documents were received,
filed, and approved.
Coalition for Supreme Court Appeal: City Manager recommending that the City join a
coalition of communities to file a certiorari petition in the United States Supreme Court asking
the Court to review and revise the decision of the United States Court of Appeals for the Sixth
Circuit which upheld the Federal Communications Commission order preempting local
authority over cable franchising for new entrants. Upon motion the documents were received,
filed, and approved.
Signed Contracts: Chassis purchases for pumper in Fiscal Year 2010 CIP. 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. 10-09 Granting the issuance of a Class "B" Beer Permit to UAW Local #94; and a Class
"C" Beer Permit to Clark of Dubuque; and Resolution No. 11-09 Granting the issuance of a
Class "B" Liquor License to Champps; Class "C" Beer/Liquor License to The Lounge and
Breezers Pub; Class "B" Wine Permit to Dubuque Religious Center; and a Class "WBN" Native
Wine Permit to Hy-Vee Gas #2 were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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 Connors. Motion carried 7-0.
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Oak Grove Sanitary Sewer and Water Main Extension Project: City Manager recommending
initiation of the public bidding process for the Oak Grove Sanitary Sewer and Water Main
Extension Project and that a public hearing be set for January 20, 2009, 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. 12-09 Preliminary approval of plans,
specifications, form of contract, and estimated cost, setting date of public hearing and ordering
bids for the Oak Grove Sanitary Sewer and Water Main Extension Project; Resolution No. 13-
09 Approving the plat, preliminary schedule of assessments and estimate of total cost and
setting date of public hearing on Resolution of Necessity; and Resolution No. 14-08 Resolution
of Necessity for the Oak Grove Sanitary Sewer and Water Main Extension Project were
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 20, 2009
in the Historic Federal Building.
Fiscal Year 2010 Annual Action Plan: City Manager recommending that a public hearing be
set for February 19, 2009 to consider approval of the Fiscal Year 2010 Annual Action Plan.
Upon motion the documents were received and filed and Resolution No. 15-09 Setting a public
hearing on the Fiscal Year 2010 (Program Year 2009) Community Development Block Grant
(CDBG) Annual Action Plan was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on February 19, 2009 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following Board: Housing Code Appeals Board. Two 3-year
terms through January 11, 2012 (Terms of Durley and Newman). Applicants: Fred Miller, 2462
Central Avenue; Paul Newman, 1895 Central Avenue, #3. Motion by Connors to receive and
file the document and appoint Fred Miller and Paul Newman to the Housing Code Appeals
Board for three-year terms through January 11, 2012. Seconded by Lynch. Motion carried 7-0.
ACTION ITEMS
National Trust for Historic Preservation Memorandum of Understanding (MOU): City
Manager recommending approval of a Memorandum of Understanding with the National Trust
for Historic Preservation for the City to participate in a Preservation Green Lab demonstration
project. Motion by Voetberg to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 7-0.
Electrical Code Ordinance: City Manager recommending approval of a correction to a
typographical error in the Electrical Code Ordinance. 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 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 1-09 Rescinding
Ordinance No. 15-06 which contained references to an incorrect section of Chapter 18
Electricity of the City of Dubuque Code of Ordinances and adopting a new ordinance which
amends Chapter 18, Section 2 by increasing the number of members, providing for regular and
special meetings, and amending and adding definitions. Seconded by Connors. Motion carried
7-0.
Greater Dubuque Development Corporation: City Manager recommending approval of a
three-year funding request by Greater Dubuque Development Corporation for support of the
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Dubuque Works workforce development program. Motion by Connors to receive and file the
document and approve the request. Seconded by Jones. Mr. Dickinson, 300 Main Street,
spoke to the City Council in support the request. Motion carried 7-0.
Dubuque Area Labor Management Council: City Manager recommending approval of the
Dubuque Area Labor Management Council's five-year funding request. Motion by Connors to
receive and file the documents and approve the request. Seconded by Jones. Dubuque Area
Labor Management Director Rick Running, 2478 Beacon Hill Drive, spoke to the City Council
in support of the request and about the purpose of the Dubuque Area Labor Management
Council. Motion carried 7-0
Federal Legislative Priorities: City Manager recommending approval of the City's 2009
Federal Legislative Priorities. Motion by Braig to receive and file the documents and approve
the recommendation. Seconded by Jones. Motion carried 7-0.
City Council Appointments: Communication from M. Thomas Stovall, Executive Director of
Operation: New View Community Action Agency, requesting that the City make appointments
to the Board of Directors at the first meeting in January 2009 (currently City Council Members
Ric Jones and David Resnick), and a representative appointed by the City Manager (currently
Janet Walker).
Communication from the Dubuque Racing Association Board of Directors requesting
appointment of representatives to the DRA Board of Directors for 2009 (currently Mayor Roy
D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van
Milligen).
Mayor and City Council appointments to various Boards and Commissions.
Motion by Connors to receive and file the documents and retain the current membership for
all boards. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Jones reported that he appreciated receiving the updated information regarding the
Trailways 1St Street depot issue. City Manager Van Milligen informed City Council that the
deadline previously given to Trailways to vacate the 1St Street facility would be extended.
There being no further business, upon motion the City Council adjourned at 7:17 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 1/14
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