Minutes City Council 7 18 05
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, July 18, 2005
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Nicholson, City
Manager Van Milligen, Corporation Counsel Lindahl
Absent: Council Member Michalski
Mayor Duggan 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 Victor St. George, Pastor, St. Matthew Lutheran Church.
PROCLAMATIONS: Dubuque County Fair Week (July 26 - July 31, 2005) received by
Shannon Lundgren; Apples for Students (July and August, 2005) received by Linda Schmitt of St.
Mark's Community Center; City of Promise received by Jane Steele.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 7/5; Civil Service Commission of 5/26; Enterprise
Zone Commission of 6/27; Human Rights Commission of 6/13; Park and Recreation Commission
of 6/14, upon motion received and filed.
Proof of publication of List of Claims and Summary of Revenues for the month ended May 31,
2005 and City Council Proceedings of June 20, 2005, upon motion received and filed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending June 30,
2005, upon motion received and filed.
Fourth Quarter Report of the Substance Abuse Services Center for Fiscal Year 2005, upon
motion received and filed.
Notice of Claims/Suits: Yolanda Feldman-Brauer for property damage; Gregory A. Carew for
personal injury; Barbara M. Deppe for vehicle damage; Connie Jones for property damage; David
J. Welu for vehicle damage, upon motion received and filed and referred to Legal for investigation.
Bell Street Construction Project: City Manager recommending acceptance of the Bell Street
Construction Project as completed by Tschiggfrie Excavating Company in the final contract amount
of $1,604,452.08, upon motion received and filed. Buol moved adoption of Resolution No. 317-05
Accepting improvement and Resolution No. 318-05 Approving final contract amount of
$1,604,452.08. Seconded by Nicholson. Motion carried 6-0.
Fremont Avenue Reconstruction Project: City Manager recommending acceptance of the
Fremont Avenue Reconstruction Project as completed by WC Stewart Construction Company in
the final contract amount of $670,143.59 and approving the preliminary schedule of final
assessments, upon motion received and filed. Buol moved adoption of Resolution No. 319-05
Accepting improvement; Resolution No. 320-05 Approving final contract amount of $670,143.59;
and Resolution No. 321-05 Approving the preliminary schedule of final assessments. Seconded
by Nicholson. Motion carried 6-0.
U.S. Department of Housing and Urban Development - Economic Development Initiative Grant
City Manager recommending approval of the Certificate of Completion and Grant Close-out
Agreement for the Economic Development Initiative Grant from the U.S. Department of Housing
and Urban Development for land acquisition and cleanup in the Port of Dubuque, upon motion
received and filed. Buol moved adoption of Resolution No. 322-05 Authorizing the submission of
Certificate of Completion and Grant Close-Out Agreement to the Department of Housing and
Urban Development. Seconded by Nicholson. Motion carried 6-0.
University of Iowa Healthcare: City Manager recommending approval of a contract with University
of Iowa Healthcare for the Fire Department to provide preceptorships for students in the college's
EMS training programs, upon motion received and filed and approved.
University of Dubuque/City of Dubuque Memorandum of Agreement: City Manager
recommending approval of a Memorandum of Agreement with the University of Dubuque for
clinical site usage for the University of Dubuque's nursing program, upon motion received and filed
and approved recommendation.
Fly-by-Night Productions: Communication from Fly-by-Night Productions thanking the Arts and
Cultural Affairs Advisory Commission for the $10,000 grant for the Musical Cabaret Project, upon
motion received and filed.
Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health
for Inspection of Pools and Spas in Dubuque County: City Manager recommending approval of an
Interagency Agreement with the Dubuque County Board of Health for the inspection and
enforcement of swimming pools and spas, upon motion received and filed and approved
recommendation.
Gateway Landscaping Project: City Manager recommending approval of an Application and
Permit to Sponsor Highway Planting along IA 936 and US 52 with the Iowa Department of
Transportation for the Gateway Landscaping Project, upon motion received and filed and approved
recommendation.
Plat of Survey - Ridgeway Park: Zoning Advisory Commission recommending approval of the
plat of survey of Lot 1 - 9 and Lot 2 - 9 of Ridgeway Park, upon motion received and filed. Buol
moved adoption of Resolution No. 323-05 Approving plat of survey of Lot 1 - 9 and Lot 2 - 9 of
Ridgeway Park in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 6-0.
Tobacco Compliance - Civil Penalties for Tobacco Permit Holder: City Manager recommending
acceptance and approval of an Acknowledgement/Settlement Agreement for Walgreen's #0377
and the assessment of a $1,500 penalty for a second tobacco compliance violation, upon motion
received and filed and approved recommendation.
409 Burch Street: City Manager recommending approval of the initiation of eminent domain
proceedings for the property located at 409 Burch Street; communication from Joseph Bitter
requesting that the City delay any further action regarding the property at 409 Burch Street, and a
Resolution authorizing the acquisition by eminent domain of certain real property at 409 Burch
2
Street, Dubuque, Iowa, owned by John White, upon motion tabled for two weeks. John White,
owner of the property, spoke requesting additional time for repairs and urged Council to visit.
Iowa Department of Public Health Childhood Lead Poisoning Funding and Agreement with the
Visiting Nurse Association and City Manager recommending approval of a contract with 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 for services
related to the CLPPP, upon motion received and filed. Buol moved adoption of Resolution No.
334-05 Authorizing the City Manager or his designee to sign a contract with the Dubuque County
Board of Health and an agreement with the Dubuque Visiting Nurse Association. Seconded by
Nicholson. Motion carried 6-0.
Civil Service Commission: Civil Service Commission submitting the certified list for the positions
of Water Pollution Control Plant Operator, Lead Applications/Network Analyst, Fire Equipment
Operator, Fire Lieutenant, Fire Captain, Assistant Fire Marshal, Emergency Management
Supervisor, Assistant Fire Chief and Medical Officer, upon motion received and filed and made a
matter of record.
Ice Harbor West Road and Trail Construction Project: City Manager recommending acceptance
of the Ice Harbor West Road and Trail Construction Project as completed by Tschiggfrie
Excavating Co. in the final contract amount of $1,834,271.51, upon motion received and filed.
Buol moved adoption of Resolution No. 325-05 Accepting improvement and Resolution No. 326-05
Approving final contract amount of $1,834,271.51. Seconded by Nicholson. Motion carried 6-0.
Purchase of Property - 503 Rhomberg Avenue: City Manager recommending approval of the
purchase of a residential dwelling located at 503 Rhomberg Avenue as part of the acquisition
program associated with the Bee Branch Creek Restoration Project, upon motion received and
filed. Buol moved adoption of Resolution No. 327-05 Approving the acquisition of real estate
located at 503 Rhomberg Avenue in the City of Dubuque. Seconded by Nicholson. Motion carried
6-0.
Granger Creek Sewer Connection Fees: Communication from Charles Klein, 9634 Maquoketa
Drive, in opposition to the proposed Granger Creek Sewer Connection Fees, upon motion received
and filed.
City of Dubuque 2005 Annual Report: City Manager submitting the City's 2005 Annual Report,
upon motion received and filed and approved recommendation.
2006 Fireworks Display: Request of the Dubuque Jaycees, KDTH, KATF, KGRR and The River
to conduct a fireworks display on Monday, July 3, 2006 on Volunteer Road between Hawthorne
and Lime, with a rain date of July 4, 2006, upon motion received and filed and approved
recommendation.
Business License Refund: Request for a refund of the liquor license for Andaluz in the amount of
$422.50, upon motion received and filed and approved refund.
Business Licenses: Buol moved adoption of Resolution No. 328-05 Granting the issuance of
one renewal permit to sell cigarettes and cigarette papers within the City to White House Tavern;
Resolution No. 329-05 Granting the issuance of a Class liB" Beer (5-Day Special Event) Permit to
Four Mounds Foundation, Music n More, Dubuque Jaycees (August - Tents A, B and C), and
3
Dubuque Jaycees (September - Tents A, B and C); and a Class "C" Beer Permit to Amoco Food
Shop and Resolution No. 330-05 Granting the issuance of a Class "C" Beer/Liquor License to
House of China and National River Museum (One-Day Outdoor Event); and a Class "WBN" Native
Wine Permit to Mandolin Inn. Seconded by Nicholson. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
University Avenue Paving Project: City Manager recommending approval of the preliminary plans
and specifications for the University Avenue Extension Project - Phase II, which was bid through
the Iowa Department of Transportation, and that a public hearing be set for August 1, 2005, upon
motion received and filed. Connors moved that the communication be received and filed.
Seconded by Markham. Motion carried 7-0. Connors moved adoption of Resolution No. 331-05
Preliminary approval of plans and specifications; Resolution No. 332-05 Fixing date of hearing on
plans and specifications for 8/1/05 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 Markham. Motion carried 6-0.
Great River Road Interpretive Signage Project: City Manager recommending initiation of the
public bidding process for the Great River Road Interpretive Signage Project and that a public
hearing be set for August 15, 2005, upon motion received and filed. Connors moved adoption of
Resolution No. 334-05 Preliminary approval of plans and specifications; Resolution No. 334-05
Setting date of hearing on plans and specifications for 8/15/05 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. 335-05 Ordering bids. Seconded by Markham. Motion
carried 6-0.
Kerper Boulevard Industrial Park Economic Development District: City Manager recommending
approval of a Resolution of Necessity that begins the process of amending the Urban Renewal
Plan for the Kerper Boulevard Industrial Park Economic Development District and that a public
hearing be set for September 19, 2005 to consider the new plan, upon motion received and filed.
Connors moved adoption of Resolution No. 336-05 Of Necessity finding that an amendment to the
Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District is
necessary in the interest of the residents of the City of Dubuque, Iowa and set this for public
hearing on 9/19/05 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 Markham.
Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commissions:
TV Cable Regulatory Commission (One unexpired 3-year term through 6/30/07 and two 3-year
terms through 6/30/08 - terms of Tigges and Webster) Applicants: Ronald Tigges, Walter
Webster No one spoke.
TV Cable Community Teleprogramming Commission (Two 3-year terms through 6/30/08 - terms
of Everist and Hoverman, one unexpired term through 6/30/06 and one unexpired term through
6/30/07) Applicants: George P. Herrig, Sr. Carol Hoverman Mr. Herrig spoke requesting
consideration for appointment.
PUBLIC HEARINGS
4
Upon motion the rules were suspended to allow anyone present to address the Council.
Links Glen Residential Development: Proof of publication on notice of hearing to consider
rezoning property located in the 300 block of Wartburg Place from R-1 Single-Family Residential
District to PUD Planned Unit Development with a PR Planned Residential District designation as
requested by Tim Conlon/Conlon Partners and Zoning Advisory Commission recommending
approval, upon motion received and filed. Keith Gaherty of Conlon Construction spoke clarifying
their plans for this requested rezoning.
Ordinance No. 45-05 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter described property located In the 300 block of Wartburg
Place from R-1 Single-Family Residential District to PUD Planned Unit Development District with a
PR Planned Residential District Designation and amending Ordinance 23-96 and adopting a
revised Conceptual Development Plan, with conditions, for Links Glen Residential Development,
presented and read. Buol 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 6-0. Buol moved final consideration
and passage of the Ordinance. Seconded by Markham. Motion carried 7-0.
Grandview Avenue Concrete Section Repair Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the Grandview Avenue Concrete Section
Repair Project and City Manager recommending award of the contract to Drew Cook & Sons
Excavating, Inc., in the amount of $38,934, upon motion received and filed. Markham moved
adoption of Resolution No. 337-05 Adopting plans and specifications; Resolution No. 338-05
Awarding contract to Drew Cook & Sons and Resolution No. 338A Approving Construction
Contract with Drew Cook and Sons for the Grandview Avenue Concrete Section Repair Project.
Seconded by Cline. Motion carried 6-0.
Comiskey Park Tennis Court/Skate Park Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the Comiskey Park Tennis Court/Skate Park
Project and City Manager recommending award of the contract to Drew Cook & Sons Excavating
in the amount of $84,211.25, upon motion received and filed. Cline moved adoption of Resolution
No. 339-05 Adopting plans and specifications and Resolution No. 340-05 Awarding contract to
Drew Cook & Sons Excavating. Seconded by Connors. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Convention and Visitors Bureau - Quarterly Report: Sue Czeshinski, Dubuque Area Chamber of
Commerce Convention and Visitors Bureau, to present quarterly report, upon motion received and
filed. Sue Czeshinski spoke
Dubuque on the Move: Request of Christine A. Sinsky to address the Council regarding
Dubuque on the Move and requesting a letter of support from the City, upon motion received and
filed and approved sending a letter of support. Dr. Christine Sinsky spoke clarifying the project.
QHQ Properties: Communication from Tim Quagliano, QHQ Properties, requesting an extension
of time for sidewalk installation on Asbury Road due to an anticipated closing and subsequent
development of the property in question. Mayor Duggan turned over control of the meeting to
5
Mayor Pro-Tem Connors due to possible conflict of Interest. After Council discussion, Buol moved
to receive and file and to deny the request. Seconded by Cline. Motion carried 5-0.
Alarm Monitoring Equipment: City Manager recommending approval for the Emergency
Communications Center to cease providing monitoring of burglar and fire alarms effective
September 1, 2005, upon motion received and filed and approved recommendation.
Final Plat - Indiana Subdivision: City Manager recommending approval of the final plat of
Indiana Subdivision located south of Pennsylvania Avenue and west of Born Avenue, upon motion
received and filed. Buol moved adoption of Resolution No. 341-05 Approving the final plat of
Indiana Subdivision in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0.
Mediacom Cultural Affairs Charitable Foundation Board: Appointment by City Council of two
representatives to the Mediacom Cultural Affairs Charitable Foundation Board, upon motion
received and filed and directed the City Clerk to send a letter to former applicants for the Arts and
Cultural Affairs Advisory Commission and publicize this also on Channel 8, with interviews to be
8/1/05 and appointment on 8/15/05.
Upon motion the following was removed from the table. Library Board of Trustees (Tabled from
July 5, 2005 Meeting): Appointment by the Mayor of one person to fill the vacancy of Jack
Felderman on the Library Board of Trustees through July 1, 2009, upon motion received and filed
and the Mayor withdrew the appointment.
Second Ward City Council Seat: Communication from Corporation Counsel regarding the
resignation of Council Member Roy Buol, the Second Ward City Council Seat and the upcoming
City Council election in November, upon motion received and filed and accept resignation of Mr.
Buol, with an appointment to fill his vacancy on the Council to be made 8/1/05.
COUNCIL MEMBER REPORTS
Council Member Cline questioned the City's costs for taking someone's property by eminent
domain and questioned passing these costs on to the current owner.
Council Member Nicholson commented on the financial aid available to citizens to repair
sidewalks on their property but noted there is none for new installation of sidewalks. He urged,
and Council concurred by consensus, that an Ordinance be brought to the next meeting to
address this issue.
There being no further business, upon motion meeting adjourned at 7:51 P.M.
a ----~/ /7 )
~~C;r~
eanne F. Schneider, CMC
City Clerk
1t 7/27
6