10 3 05 Minutes this meeting
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Monday, October 3,2005
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tem Connors, Council Members Buol, Cline, Markham, Michalski,
Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl
Absent: Mayor Duggan
Mayor Pro-Tern Connors read the cal! and stated this is a regular session of the City Council
cal!ed for the purpose of discussing such matters which may properly come before the Council.
Invocation was given by Reverend Dr. Craig Nesson, Academic Dean, Wartburg Theological
Seminary.
Proclamations: Disability Employment Awareness Month (October, 2005) received by Earl
Brimeyer of Area Residential Care; Bipolar Disorder Awareness Day (October 6, 2005)
received by Pat Balvanz; White Cane Safety Day (October 15, 2005) received by Shirley
Conrad; Make a Wil! Month received by Dave Schmitz, Susan Henricks and Ric Jones; and
Trick or Treat Night (October 31,2005).
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/18 and
8/23; City Council of 9/19 and 9/28; Five Flags Commission of 8/15; Housing Commission of
8/23 and 9/14; Library Board of 8/31; Mechanical Board of 9/20; Park and Recreation
Commission of 9/13; Zoning Board of Adjustment of 9/22, upon motion received and filed.
Proofs of publication of City Council proceedings of September 6, 7, 8 and 12, 2005, upon
motion received and filed.
Printed Council Proceedings for June, 2005, upon motion received and filed and approved as
printed.
Notice of Claims/Suits: Barbara Johns for vehicle damage, Dave Lynn for property damage,
Steven K. and Leslie E. Neyens for property damage, upon motion received and filed and
referred to Legal for investigation.
Corporation Counsel advising that the fol!owing claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Donnabel!e Kramer for
personal injury/property damage; Barbara Johns for vehicle damage, upon motion received and
filed and concurred.
Corporation Counsel recommending settlement of the claim of Dave Lynn for property damage
and directing the Finance Department to issue payment, upon motion received and filed and
concurred and Finance Department to issue payment.
Iowa 32 Bike/Hike Trail: City Manager recommending approval of the submission of a SAFE-
TEA grant application for funds to complete phase two of the Iowa 32 (Northwest Arterial)
bike/hike trail, upon motion received and filed. Buol moved adoption of Resolution No. 452-05
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Approving the submittal of an application for Statewide Transportation Enhancement funding to
the Iowa Department of Transportation for the Dubuque Heritage Trail Extension: Phase 2 of
the Iowa 32 (Northwest Arterial) bike/hike trail project. Seconded by Cline. Motion carried 6-0.
Ice Harbor Marina Project - Boating Infrastructure Grant: City Manager recommending
approval of an application for Tier 1 of the Boating Infrastructure Grant Program (BIGP) for the
Ice Harbor Marina Project at the Port of Dubuque, upon motion received and filed and approved
recommendation.
America's River Museum - EDI Special Purpose Grant: City Manager recommending
approval of a resolution authorizing the closeout of the Economic Development Initiative (EDI)
special project grant from the U.S. Department of Housing and Urban Development for the
America's River Museum on behalf of the Dubuque County Historical Society, upon motion
received and filed. Buol moved adoption of Resolution No. 453-05 Providing for closeout of the
Economic Development Initiative (EDI) Special Project Grant No. B-02-SP-IA-0178 for the
America's River Museum on behalf of the Dubuque County Historical Society. Seconded by
Cline. Motion carried 6-0.
Dubuque County Conservation Society: Communication from David W. Leifker, Dubuque
County Conservation Society, requesting that the green space along Southern Avenue be
preserved and not sold off as building lots and questioning future plans for Maus Park, upon
motion received and filed and referred to the City Manager.
Drug Awareness Resistance Education (DARE) Contract: City Manager recommending
approval of the Drug Awareness Resistance Education (DARE) contract between the City of
Dubuque, Dubuque Community Schools and Holy Family Catholic Schools for the Fiscal Year
2005/2006 school year, upon motion received and filed and approved recommendation.
School Resource Officer (SRO) Agreement: City Manager recommending approval of an
agreement between the Police Department and the Dubuque Community School District
regarding the duties and responsibilities of the Dubuque Police School Resource Officers, upon
motion received and filed and approved recommendation.
Pennsylvania Avenue / Radford Road Sidewalk Installation Project - Final Schedule of
Assessments: City Manager recommending approval of the final assessment schedule for the
Pennsylvania Avenue / Radford Road Sidewalk Installation Project, upon motion received and
filed Buol moved adoption of Resolution No. 454-05 Adopting the final assessment schedule
for the Pennsylvania Avenue / Radford Road Sidewalk Installation Project including certain
information required by the Code of Iowa, specifically, 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 City Clerk to certify the final schedule and to publish
notice thereof. Seconded by Cline. Motion carried 6-0.
Third Street Overpass Decorative Railing Project: City Manager recommending approval to
modify the Riverwalk railing design for the Third Street Overpass Decorative Railing Project,
upon motion received and filed and approved recommendation.
Bee Branch Creek Restoration Project - Commercial Property Acquisition: City Manager
recommending approval of the selection of Graham Land Acquisition Associates as the
consultant for the commercial property acquisition south of 16th Street associated with the Bee
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Branch Creek Restoration Project, upon motion received and filed and approved
recommendation.
Birch Street Housing Update (Tabled on September 6, 2005): City Manager submitting an
update on the property located at 409 Burch Street and recommending that this item be re-
tabled to November 7,2005, upon motion received and filed and tabled to 11/7/05.
National Register of Historic Places Nomination: Historic Preservation Commission
recommending approval of the nomination of Dubuque Casket Company at 1798 Washington
Street to the National Register of Historic Places, upon motion received and filed and approved
recommendation.
US 20 Improvements - ICAAP Funding: City Manager recommending approval of the
submission of an application to the Iowa Department of Transportation for Iowa Clean Air
Attainment Program for funding of the City of Dubuque Traffic Signal Improvements Priority 2,
3, and 4 - US 20 (Devon Drive to Menards), upon motion received and filed. Buol moved
adoption of Resolution No. 455-05 Authorizing the filing of an application with the Iowa
Department of Transportation for Iowa Clean Air Attainment Program (ICAAP) funding of City of
Dubuque Traffic Signal Improvements Priority 2, 3, and 4 (US 20 - Devon Drive to Menard's).
Seconded by Cline. Motion carried 6-0.
Hwy 151/61 and Maquoketa Drive Intersection - ICAAP Funding: City Manager
recommending approval of an application to the Iowa Department of Transportation for Iowa
Clean Air Attainment Program funds for the US Highway 151/61 and Maquoketa Drive
Intersection Improvement Project, upon motion received and filed. Buol moved adoption of
Resolution No. 456-05 Authorizing the filing of an application with the Iowa Department of
Transportation for Iowa Clean Air Attainment Program (ICAAP) funding of City of Dubuque US
Highway 151/61 and Maquoketa Drive Intersection Improvement Project. Seconded by Cline.
Motion carried 6-0.
IA 32 (Southwest Arterial) RISE Application: City Manager recommending approval of an
updated RISE application for IA 32 (Southwest Arterial) in the amount of $12,000,000, upon
motion received and filed. Buol moved adoption of Resolution No. 457-05 Authorizing the
filing of an amendment to a RISE application to the Iowa Department of Transportation for Iowa
Highway 32 (Northwest Arterial). Seconded by Cline. Motion carried 6-0.
Granger Creek Interceptor Sewer Extension: Revised notice to property owners impacted by
the Granger Creek Interceptor Sewer Extension Project, upon motion received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Third Street
Overpass Decorative Railing Project; Port of Dubuque Recognition Wall Project; Cedar Street
and Dog Track Wastewater Pump Station Rehabilitations; Five Flags Center HVAC - Phase II
Project, upon motion received and filed and approved contracts and bonds.
Business Licenses: Buol moved adoption of Resolution No. 458-05 Granting the issuance of a
new permit to sell cigarettes and cigarette papers to Walgreen's #09708; Resolution No. 459-
05 Granting the issuance of a Class "C" Beer Permit to Kwik Stop Food Mart and Puff n Snuff
and Resolution No. 460-05 Granting the issuance of a Class "B" Liquor License to Hilton
Garden/Houlihan's; and Class "C" Beer/Liquor License to Carlos O'Kelly's, One Flight Up, Cafe
Manna Java, Dog House Lounge and Knickers Saloon. Seconded by Cline. Motion carried 6-0.
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Zoning Advisory Commission (One 3-year term through 7/1/06)
Applicants: Kenneth Bichell, Matthew Lundh, Darren D. White; Darren White spoke
requesting consideration for appointment.
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Board (One 1-year youth term; two 3-year terms through
10/1/08 - terms of Klostermann and O'Toole); Applicants: Youth - Kirsten Berg and Claire
Miller; Wayne Klostermann and Mary Clare O'Toole
Upon motion Wayne Klostermann and Mary Clare O'Toole reappointed to three year terms
which will expire 10/1/08. Upon vote, Claire Miller appointed to a one year term which will
expire 6/1/06.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Vacating Petition - Stewart Street: Proof of publication on notice of hearing to consider a
request from Richard Hartig, representing Grandview University LLC, and John E. Knox,
representing The Finley Hospital, to vacate and dispose of a portion of Stewart Street, a portion
of North Grandview Avenue, and portions of adjacent alleys between Delhi Street and
University Avenue and City Manager recommending approval, upon motion received and filed.
Buol moved adoption of Resolution No. 461-05 Vacating a portion of North Grandview Avenue
north of Delhi Street; Resolution No. 462-05 Vacating a portion of North Grandview Avenue
south of University Avenue; Resolution No. 463-05 Vacating the remaining unvacated 12-foot
alley east of North Grandview Avenue between Delhi Street and University Avenue; Resolution
No. 464-05 Vacating a portion of Stewart Street and adjacent alleys south of University Avenue;
Resolution No. 465-05 Disposing of City interest in Lot 2 of Grandview University Place, Lot 2
of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the
City of Dubuque, Dubuque County, Iowa and Resolution No. 466-05 Disposing of City interest in
Lots C and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County,
Iowa. Seconded by Nicholson. Motion carried 6-0.
Fiscal Year 2006 Budget Amendment: Proof of publication on notice of hearing to consider
the first amendment to the Fiscal Year 2006 budget and City Manager recommending approval,
upon motion received and filed. Cline moved adoption of Resolution No. 467-05 Amending the
current budget for the Fiscal Year ending June 30, 2006 Seconded by Nicholson. Motion
carried 6-0.
North Grandview Sanitary Sewer and Water Main Installation Project: Proofs of publication
on notice to bidders and notice of hearing to consider the plans and specifications for the North
Grandview Sanitary Sewer and Water Main Installation Project and City Manager
recommending award of the contract to Connolly Construction in the amount of $226,161 and
approval to increase the financial assistance to the developer to $78,001, upon motion received
and filed. Michalski moved adoption of Resolution No. 468-05 Adopting plans and
specifications; Resolution No. 469-05 Awarding contract for the watermain portion of the North
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Grandview Estates - Sanitary Sewer and Watermain Project; Resolution No. 470-05 Approving
construction contract with Connolly Construction for the watermain portion of the North
Grandview Estates - Sanitary Sewer and Watermain Project; Resolution No. 471-05 Awarding
contract for the sanitary sewer portion of the North Grandview Estates - Sanitary Sewer and
Watermain Project and Resolution No. 472-05 Approving construction contract with Connolly
Construction for the sanitary sewer portion of the North Grandview Estates - Sanitary Sewer
and Watermain Project. Seconded by Nicholson. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Tri-States' Veteran Museum and Recognition Center: Request of Susan M. Dazey to address
the Council to present a preliminary idea for the formation of a Tri-States' Veteran Museum and
Recognition Center in Dubuque, upon motion received and filed and referred to the City
Manager.
Susan Dazey, 2835 Washington, spoke clarifying the request for a Veteran's Museum.
Tara Winger: Request of Tara Winger to address the Council regarding proper housing in
Dubuque for low income, disabled persons, upon motion received and filed and referred to the
City Manager. Ms. Winger was not in attendance.
Espresso Drive-Thru: Communication from Loretta Thompson, Moo Java Inc., requesting to
address the Council regarding a proposed espresso drive-thru behind Dubuque Discount Gas
by Wal-Mart; City Manager providing additional information regarding the espresso drive-thru
and recommending that a traffic study be required; September 23, 2005 letter from the
Engineering Department to Loretta Thompson, Moo Java Inc., requesting additional information
regarding the proposed drive-thru and communication from Loretta Thompson requesting this
item be tabled, upon motion the item was tabled.
Samantha Drive Culvert: City Manager providing information regarding the issues surrounding
the installation of the culvert in the waterway near Samantha Drive and requesting City Council
direction, upon motion received and filed and referred to the City Manager for investigation.
Seippel Road Commercial Park - Final Plat: City Manager recommending approval of the
final plat of Seippel Road Commercial Park, upon motion received and filed. Buol moved
adoption of Resolution NO.4 73-05 Approving the final plat of Seippel Road Commercial Park in
the City of Dubuque, Dubuque County, Iowa. Seconded by Nicholson. Motion carried 6-0.
West 32nd Street Detention Basin Design: City Manager recommending approval of the
proposed design for the West 32nd Street Detention Basin that includes two wet ponds, upon
motion received and filed and approved recommendation.
Cooper Management Company, LLC (Bricktown) Outdoor Service Application (Tabled on
September 6, 2005): City Manager submitting an update on the Cooper Management
Company, LLC (Bricktown) outdoor service liquor application and recommending approval of
the license, upon motion received and filed. Cline moved adoption of Resolution No. 474-05
Granting the issuance of a Class "C" Beer/Liquor (Outdoor Service) License to
Bricktown/Stonewall Lounge/Blackwater Grill. Seconded by Buol. Motion carried 5-1 with
Michalski voting Nay.
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City of Greenwood: Communication from Harry L. Smith, Mayor of Greenwood, Mississippi,
thanking the Dubuque Racing Association and the people of Dubuque for their compassion and
generosity to the evacuees of Hurricane Katrina and residents of Greenwood, upon motion
received and filed. Markham praised Nicholson for bringing this to the City. Nicholson shared
that our City funds helped set up six families who were victims of Hurricane Katrina.
PUBLIC INPUT
Ken Bichell spoke apologizing for being late and clarifying his interest in serving on the Zoning
Advisory Commission.
At 7:45 P.M. upon motion Council went into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)U) 2005 Code of Iowa.
At 7:56 P.M. Council reconvened Regular Session and stated that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:57 P.M.
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Jeanne F. Schneider, CMC
City Clerk
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