2 6 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 6, 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, Corporation Counsel 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 President Ken Daughters, Emmaus Bible College.
Proclamation: Parent Leadership Month (February 2006) received by Julie Woodyard.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/29; City
Council of 1/12, 1/17 and 1/30; Civil Service Commission of 12/16; Environmental Stewardship
Advisory Commission of 1/3; Historic Preservation Commission of 1/19; Housing Commission of
11/22; Human Rights Commission of 12/12; Investment Oversight Advisory Commission of 1/25;
Library Board of 12/15; Long Range Planning Advisory Commission of 1/18; Mechanical Code
Board of 10/6; Park and Recreation Commission of 1/10; Zoning Board of Adjustment of 1/26,
upon motion received and filed.
Investment Oversight Commission submitting the 51st Quarterly Report, upon motion received
and filed.
Substance Abuse Services Center Second Quarter Report for Fiscal Year 2006, upon motion
received and filed.
Library Board of Trustees Update from Meeting of January 26, 2006, upon motion received and
filed.
Proofs of publication of City Council Proceedings of 12/5, 1/3, 1/12 and 1/17; Proofs of
publication of List of Claims and Summary of Revenues for months ending November 30, 2005
and December 31,2005, upon motion received and filed.
Notice of Claims/Suits: Stacey Duster for vehicle damage; Vincent and Marjorie Erhart for
property damage; Jerry Grutz for property damage; Maureen Schulz for personal injury; Donald
Stumpf for personal injury; Paul J. Uhlrich for vehicle damage; Union Insurance Company for
property damage; Wells Fargo Bank Minnesota vs City of Dubuque, et ai, upon motion received
and filed and referred to Legal for investigation and report.
Corporation Counsel advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bernice Breitfelder for
property damage; Mary V. Kearney for personal injury; Stacey Duster for vehicle damage, upon
motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Vincent and Marjorie Erhart for
property damage and the claim of Paul Uhlrich for vehicle damage and direct the Finance
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Department to issue payment, upon motion received and filed and concurred and Finance
Department to issue payment.
Corporation Counsel recommending denial of the claim of Jesse Rans for property damage,
upon motion received and filed and concurred.
Corporation Counsel recommending that the claim of Jerry Grutz for property damage be
referred to the Control Board of the Dubuque Drug Task Force, upon motion received and filed
and concurred.
Governor's Traffic Safety Grant: City Manager recommending approval of the submission of a
Governor's Traffic Safety Grant application for special traffic enforcement from April 1, 2006 to
September 30, 2006, upon motion received and filed and approved recommendation.
Synergy Court Construction Project: City Manager recommending acceptance of the Synergy
Court Construction Project as completed by Top Grade Excavating, Inc., in the final contract
amount of $410,342.13., upon motion received and filed. Jones moved adoption of Resolution
No. 30-06 Accepting the Synergy Court DICW - Street and Utilities Construction Project and
Resolution No. 31-06 Approving estimate. Seconded by Connors. Motion carried 7-0.
Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project: City
Manager recommending acceptance of the Sixth Street, Seventh Street and Washington Park
Reconstruction/Renovation Project as completed by Portzen Construction in the final contract
amount of $786,666.02, upon motion received and filed. Jones moved adoption of Resolution
No. 32-06 Accepting the 6th and ih Street Reconstruction and the Washington Park Renovation
Project and Resolution No. 33-06 Approving final estimate. Seconded by Connors. Motion
carried 7-0.
Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project: City Manager
recommending acceptance of the Eagle Street and Lindberg Terrace Sanitary Sewer
Reconstruction Project as completed by McDermott Excavating in the final contract amount of
$55,270.02, upon motion received and filed. Jones moved adoption of Resolution No. 34-06
Accepting improvement and Resolution No. 35-06 Approving final contract amount. Seconded by
Connors. Motion carried 7-0.
Mediacom: Communication from Kathleen McMullen, Area Manager of Mediacom, advising of
channel changes to be effective February 20, 2006, upon motion received and filed.
Fiscal Year 2006 Annual Action Plan - Amendment #3: City Manager recommending approval of
Amendment #3 to the Fiscal Year 2006 Annual Action Plan for expansion of the Historic
Preservation Homeowner Grant Program to include non-profit organizations providing residential
facilities to HUD income-eligible tenants and communication from the Historic Preservation
Commission recommending approval of a proposed change to the Historic Preservation
Homeowner Grant Program to include non-profit organizations providing residential facilities to
HUD income-eligible tenants and to establish the Historic Preservation Housing Grant Program,
upon motion received and filed. Jones moved adoption of Resolution No. 36-06 Approving the
Fiscal Year 2007 (Program Year 2006) Annual Plan - Amendment 3 for Community Development
Block Grant (CDBG) Funds. Seconded by Connors. Motion carried 7-0.
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Dubuque Area Chamber of Commerce: Communication from Steward Sandstrom, President and
CEO of the Dubuque Area Chamber of Commerce, regarding the River Pointe Condominium
Project, upon motion received and filed.
East Central Intergovernmental Association: Communication from Kelley Hutton Deutmeyer, East
Central Intergovernmental Association, regarding the Keyline transfer I drop off location at the
Dubuque Kennedy Mall, upon motion received and filed and referred to the City Manager.
Downtown Dubuque Design Guidelines: City Manager recommending approval of a Historic
Resource Development Program (HRDP) Grant Application in the amount of $13,000 for phase
one of development of the Downtown Dubuque Design Guidelines Manual, a goal of the 2004
Downtown Dubuque Master Plan, upon motion received and filed. Jones moved adoption of
Resolution No. 37-06 Approving the submittal of an application for Historic Resource Development
Program (HRDP) Grant Funds to the State Historical Society of Iowa for Downtown Dubuque
Design Guidelines: Phase 1 (Streetscape/Landscape Guidelines). Seconded by Connors. Motion
carried 7-0.
White Water Creek Bridge: City Manager recommending approval of a new site for the White
Water Creek Bridge at the Bergfeld Recreation Area, upon motion received and filed and
approved recommendation.
Citizen Communication: Communication from Sister Margaret Ann Willging regarding the
possibility of a Wal-Mart at the site of the former meat packing plant, upon motion received and
filed.
Comprehensive Plan Update: Communication from the Long Range Planning Advisory
Commission submitting the proposed schedule for the 2006 update of the Dubuque
Comprehensive Plan, upon motion received and filed.
Request for Proposal (RFP) for Professional Auditing Services: City Manager recommending
approval of the issuance of a Request for Proposals for professional auditing services for fiscal
years ending June 30, 2006 through June 30, 2010, upon motion received and filed.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development (HUD) advising that the City's Fiscal Year 2006 allocation for
the Community Development Block Grant Program is $1,256,479, upon motion received and filed.
National League of Cities Legal Defense: City Manager recommending approval of the
contribution of $198 to the National League of Cities (NLC) Legal Defense Fund, upon motion
received and filed and approved recommendation.
Ice Harbor Marina Grant: City Manager recommending approval of a revised project scope for
the Iowa Department of Natural Resources (IDNR) Boating Infrastructure Grant for the Ice Harbor
Marina Project to provide for the construction of eight transient slips in the Ice Harbor, upon motion
received and filed and approved recommendation.
Long Range Planning Advisory Commission: Communication from the Long Range Planning
Advisory Commission recognizing the commitment of the Envision 2010 Steering Committee, the
sponsors, and the many volunteers for their efforts to successfully engage citizens in the
community visioning process, upon motion received and filed.
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Job Access Contract: City Manager recommending approval of a contract with A-OK Yellow Cab
Company for the purpose of providing evening, weekend, and peak time transportation service to
Area Residential Care using Job Access Reverse Commute (JARC) funding, upon motion
received and filed and approved recommendation.
Railroad Revolving Loan and Grant Program: City Manager recommending approval of an
application in the amount of $750,000 to the Iowa Department of Transportation for the
construction of a railroad lead line and spur in the Dubuque Industrial Center West, upon motion
received and filed. Jones moved adoption of Resolution No. 38-06 Authorizing the filing of an
application to the Iowa Department of Transportation. Seconded by Connors. Motion carried 7-0.
409 Burch Street (Tabled on January 3, 2006): City Manager submitting an update on the
property located at 409 Burch Street and recommending that due to the weather this item be re-
tabled to May 20, 2006, upon motion received and filed and approved recommendation to table to
5/20/06.
International Institute of Municipal Clerks: Notification from the International Institute of Municipal
Clerks that City Clerk Jeanne Schneider has been recertified through 2009, upon motion received
and filed.
Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Manager recommending
acceptance and approval of Acknowledgement/Settlement Agreements for Econofoods,
Dempsey's and Molly's Pub, Kwik Stop, and Puff-N-Snuff and assessment of a $300 penalty for
their first tobacco compliance violations and acceptance of the Acknowledgement/Settlement
Agreements for Ron's Discount Smokes and Hartig Drug Company and assessment of a $1,500
penalty for their second tobacco compliance violations, upon motion received and filed and
approved recommendation.
PEG Access Capital Grant Expenditure: City Manager recommending approval for funding in the
amount of $36,800 for the Capital Grant for Access Equipment and Facilities, upon motion
received and filed and approved recommendation.
Franchise Fee Amicus Brief: Corporation Counsel recommending approval of the expenditure of
approximately $3,000 for preparation of an amicus brief to the Iowa Supreme Court on behalf of
the cities in Iowa with franchise fees, upon motion received and filed and approved
recommendation.
Alcoholic Beverages Division: Communication from Lynn M. Walding, Administrator of the
Alcoholic Beverages Division, advising that they have denied the liquor license application for the
Water Hole, upon motion received and filed.
Justice Assistance Grant: City Manager recommending approval of the submission of the 2006
Justice Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the
amount of $29,008, upon motion received and filed and approved recommendation.
Request for Extension - Vision Iowa: City Manager submitting a letter to the Vision Iowa Board
providing an update on several projects and requesting an extension on three projects, upon
motion received and filed and approved letter.
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2006 State Legislative Issues: City Manager recommending approval of an amendment to the
2006 State Legislative Issues to include language requesting that the Code of Iowa be amended
to clarify that a franchise fee may be based on the gross revenue from the sale of the utility's
product and that the fees that have been collected under franchise agreements were legal, upon
motion received and filed and approved recommendation.
Quarterly Investment Report: City Manager submitting the December 31, 2005 Quarterly
Investment Report, upon motion received and filed.
University Avenue Embankment Failure: City Manager approval to request consideration for
Federal Emergency Relief Funding to complete permanent repair work for the University Avenue
Embankment Failure project, upon motion received and filed and approved recommendation.
Residential Parking Permit District - West 16th Street / Catherine Street: City Manager
recommending that a request to add West 16th Street and Catherine Street to Residential Parking
Permit District "G" be denied, upon motion received and filed and approved recommendation.
U.S. Department of Housing and Urban Development: Communication from the Department of
Housing and Urban Development regarding the City's recent audit report, upon motion received
and filed.
3-M Development, Ltd.: Communication from David L. Clemens, representing 3-M Development,
Ltd., requesting that the City Council's action to delay the development of the Dubuque Brewing
and Malting Company Building be rescinded immediately, upon motion received and filed.
Dubuque Comprehensive Plan: Communication from Lou Oswald regarding the Dubuque
Comprehensive Plan, upon motion received and filed.
ConAgra Foods: City Manager recommending approval of a request from ConAgra Foods to
construct a third storage tank on property leased from the City subject to two conditions, upon
motion received and filed and approved recommendation.
National Community Development Association Conference: Communication from Housing and
Community Development Director David Harris that Aggie Tauke attended the National
Community Development Association (NCDA) Winter Conference, upon motion received and filed.
Dubuque County Historical Society: City Manager submitting a letter to Jerry Enzler, Dubuque
County Historical Society, in support of an application to the Iowa Department of Cultural Affairs,
upon motion received and filed and approved letter.
Business Licenses: Jones moved adoption of Resolution No. 39-06 Granting the issuance of a
Class "B" Beer Permit to Hartig Drug #4, Hy-Vee #2, Econo Foods #471, Lee's 76/West Locust
Mart and Oky Doky #8 and Resolution No. 40-06 Granting the issuance of a Class "C" Beer/Liquor
License to Dubuque Mining Company, Hammerheads Bar/Billiards, Goetz's, Tony's Place, and
Pusateri's; a Class "B" Wine Permit to Econo Foods #471, Hartig Drug #4, and Hy-Vee #2; and
Class "B" Native Wine to Hy-Vee Gas #2. Seconded by Connors. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
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Fiscal Year 2007 Operating Budget: City Manager recommending that a public hearing be set for
Thursday, March 2, 2006 to consider adoption of the Fiscal Year 2007 Operating Budget and
Capital Improvement Program, upon motion received and filed. Michalski moved adoption of
Resolution No. 41-06 Setting the date for the public hearing on the Fiscal Year 2007 budget for the
City of Dubuque for 3/2/06 at a meeting to commence at 6:15 P.M. in the public library auditorium
and that the City Clerk publish notice in the manner required by law and Resolution No. 42-06
Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal
Years 2007 through 2011 for the City of Dubuque for 3/2/06 at a meeting to commence at 6:15
P.M. in the public library auditorium and that the City Clerk publish notice in the manner required
by law. Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission: Airport Commission (One four-year term through 9/14/10) Applicants: Charles
Dauod, J.K. Hanson III, Dan Nicholson Charles Dauod spoke requesting consideration for
appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Garfield Place Urban Revitalization Area: Proof of publication on notice of hearing to consider
approval of an amended and restated Garfield Place Urban Revitalization Area to add two
adjoining lots for a proposed 12-room single-room occupancy facility at 601 Garfield Avenue and
to extend the duration of the plan and City Manager recommending approval, upon motion
received and filed.
Communication from the Long Range Planning Advisory Commission recommending expansion
of the Garfield Place Urban Revitalization District, upon motion received and filed.
Request of Ted Stackis that his property at 525/527 Garfield not be included in the Urban
Revitalization Area.
An Ordinance Establishing the Amended and Restated Garfield Place Urban Revitalization Area
as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read.
Upon motion action on this item was tabled.
Dubuque County Historical Society Lease Agreement: Proof of publication on notice of hearing to
consider disposing of real property by lease to the Dubuque County Historical Society and City
Manager recommending approval, upon motion received and filed.
Jerry Enzler of the National Mississippi River Museum spoke in appreciation of this action.
Cline moved adoption of Resolution No. 43-06 Disposing of an interest in real property by lease
agreement to the Dubuque County Historical Society. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Assistant City Attorney: Corporation Counsel recommending approval of the selection of Crenna
Brumwell as the Assistant City Attorney, effective March 20, 2006, upon motion received and filed.
Lindahl introduced Brumwell to the City Council and expressed appreciation to current Assistant
City Attorney Bill Blum for his thirty-three years of service.
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Cline moved adoption of Resolution No. 44-06 Approving the appointment of Crenna M.
Brumwell as Assistant City Attorney. Seconded by Connors. Motion carried 7-0.
Human Rights Ordinance: Communication from Judy Haley Giesen, Chair of the Dubuque
Human Rights Commission, recommending adoption of an amendment to the Human Rights
Ordinance to add sexual orientation to the ordinance and to include an exemption for religious
educational institutions in employment, upon motion received and filed.
Ordinance No. 8-06 Amending Chapter 27, Human Relations, of the City of Dubuque Code of
Ordinances by adding two new paragraphs to Section 27-1 defining "Sexual Orientation" and
defining "Religious Education Institution" and amending Sections 27-51(2),27-61(1)-(2),27-71(1)-
(3), 27-72, 27-91(1)-(3), 27-131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, and 27-145(1)-(3)
prohibiting discrimination based on "Sexual Orientation," presented and read. Braig 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 6-1 with Cline voting Nay. Braig moved final consideration and passage
of the Ordinance. Seconded by Jones. Motion carried 6-1 with Cline voting Nay.
Storage Container Ordinance: City Manager recommending approval of an ordinance to allow
for the permitting and use of exterior storage containers and trailers; Communication from Steward
Sandstrom requesting to address the City Council regarding the proposal to regulate exterior
storage containers; Communication from Michael J. Coyle, representing Bill and Carol Denlinger,
requesting to address the City Council regarding the proposed ordinance, upon motion received
and filed.
Steward Sandstrom, President of the Dubuque Chamber of Commerce, spoke urging opposition
to the proposed Ordinance as it is unenforceable and can be addressed through existing
Ordinances.
Attorney Mike Coyle, representing Bill and Carol Denlinger, spoke urging a "No" vote.
An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque
Code of Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage
Trailers establishing requirements for the use of exterior storage containers and storage trailers,
presented and read.
Council discussed the various aspects of the proposed Ordinance including whether the same
objective could be accomplished with current laws. Staff explained part of the purpose was to
centralize enforcement and to have site plans available to know what is in the various containers.
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 Michalski. Motion failed due to lack of a three-fourths vote: Yeas-
Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch.
Connors moved that this be considered the first reading of the Ordinance and directed that one
year from the effective date of the Ordinance the committee be reconvened to evaluate the
effectiveness of the Ordinance. Seconded by Michalski. Carried by the following vote: Yeas-
Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch.
Arbor Estates Phase III Lift Station: City Manager recommending that any action to acquire an
easement for the proposed lift station on property owned by John P. and Pamela J. Gartner be
postponed to a later date as staff intends to approve the installation of a lift station in the Arbor
Estates subdivision; Communication from Davin C. Curtiss requesting to address the City Council
on behalf of the Forest Grange Property Owner's Association, regarding the proposed placement
of a lift station on Association property and two letters regarding the issue, upon motion received
and filed and approved recommendation.
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Sexual Offender Residency Restrictions: City Manager recommending that the City of Dubuque
monitor the current restrictions and any upcoming actions by the State of Iowa Legislature and to
not create a local ordinance at this time regarding sexual offender residency restrictions, upon
motion received and filed and approved recommendation.
Unified Development Code: City Manager recommending approval of terminating the contract
with Lane Kendig, Inc. for creation of a Unified Development Code and the drafting of a new
Request for Proposals, upon motion received and filed and approved recommendation.
Federal Building Application: City Manager recommending approval of the submission of an
application to the Federal Parks Service and GSA for conveyance of the Federal Building to the
City, upon motion received and filed. Connors moved adoption of Resolution No. 45-06
Authorizing application to the General Services Administration for historic monument conveyance
of the Federal Building to the City of Dubuque. Seconded by Jones. Motion carried 7-0.
Iowa League of Cities Conference: City Manager recommending approval of submitting a bid to
the Iowa League of Cities, including a letter of support, to host the annual conference in 2010 and
the appointment of a City Council liaison, upon motion received and filed and approved submittal
of the bid and approved the appointment of Council Member Michalski as the liaison.
National League of Cities: Communication from the National League of Cities advising of the
appointment of City Council Member Ann Michalski to the 2006 Human Development Steering
Committee for the National League of Cities, upon motion received and filed and congratulated
Council Member Michalski.
Convention and Visitors Bureau: City Manager recommending that a work session be scheduled
for Monday, February 20, 2006 regarding the Dubuque Area Chamber of Commerce Convention
and Visitors Bureau three year plan and budget, upon motion received and filed and approved
recommendation.
Long Range Planning Advisory Commission: Corporation Counsel submitting an ordinance
deleting the requirement of an alternate City Council Member appointment to the Long Range
Planning Advisory Commission, upon motion received and filed. Ordinance No. 9-06 Amending
City of Dubuque Code of Ordinances Section 36-4 Long Range Planning Advisory Committee
Created; Composition, deleting the requirement of an appointment of an alternate City Council
Member, 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 Michalski. Motion carried 7-0. Connors
moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-
O.
February 20, 2006 City Council Meeting: City Manager recommending approval of an ordinance
that sets February 20, 2006 as the date of the second regular City Council meeting in February,
upon motion received and filed. Ordinance No. 10-06 Providing that the second regular meeting
of the City Council in February, 2006 shall be February 20, 2006, presented and read. Jones
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 Braig. Motion carried 7-0. Jones moved final consideration and passage of the
Ordinance. Seconded by Braig. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Michalski shared that the Iowa League of Cities meeting was very informative. Buol stated that
the Washington Chamber briefings and conversations with Congressmen were good. Braig
thanked the Chamber for their impressive setup.
PUBLIC INPUT
Lou Oswald, 1080 Nowata, expressed appreciation to the Council for their hard work and time
commitment. He also questioned the majority of Human Rights Commissioners being present at
this meeting without a public notice and stated he felt it was a violation of the open meetings law.
Corporation Counsel Lindahl clarified that there was no deliberation or action taken by that body
and therefore their attendance at the City Council meeting did not constitute a public meeting.
At 8:30 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1)(c)G) 2005 Code of Iowa.
At 9:37 P.M. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:38 P.M.
Jeanne F. Schneider, CMC
City Clerk
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