3 6 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 6, 2006
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski,
Assistant City Manager Steinhauser, City Attorney 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 City Council.
Invocation was given by Reverend Joan Haug, Chaplain of Mercy Health Center
Proclamation: Mental Retardation Awareness Month (March 2006) received by Julie Jordahl of
ARC Advocates.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 2/14,2/20,2/21, and 2/23; Housing Commission
Trust Fund Committee of 6/23; Park and Recreation Commission of 2/14; Zoning Board of
Adjustment of 2/23, upon motion received and filed.
Proofs of publication of City Council Proceedings of February 6 and February 7,2006 and List of
Claims and Summary of Revenues for month ending January 31,2006, upon motion received and
filed.
Notice of Claims/Suits: Tina Marie Hessel vs City of Dubuque, et ai, upon motion received and
filed and referred to City Attorney for investigation/report.
City Attorney recommending settlement of the claim of Randy Seay 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 State University - Dubuque County Extension: Nancy Everman, County Extension
Education Director, submitting the annual Stakeholders Report for Dubuque County, upon motion
received and filed.
U.S. Conference of Mayors: City Manager recommending approval of funding for the City of
Dubuque to participate in the U.S. Conference of Mayors beginning in Fiscal Year 2006, upon
motion received and filed and approved recommendation.
Legislative Correspondence:
City Manager correspondence to area legislators urging a "no" vote on HSB 697 and SSB 3179 _
Deferred Retirement Option Plan (DROP), upon motion received and filed.
City Manager correspondence to members of the State Senate Judiciary Committee, Ways and
Means Committee, Local Government Committee and local legislators encouraging their
opposition to HF 2351 regarding changes to the requirements when a city is considering the use of
eminent domain, upon motion received and filed.
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City Manager correspondence to the local State Representatives advising that he has written to
members of the State Senate encouraging opposition to HF 2351 regarding eminent domain, upon
motion received and filed.
City Manager correspondence to local legislators encouraging their opposition to HF 2321 (HF
2351) regarding changes to the requirements when a city is considering the use of eminent
domain, upon motion received and filed.
City Manager correspondence to Representatives Pam Jochum, Pat Murphy, Rick Olson and
Walt Tomenga thanking them for their efforts and vote to oppose HF 2351 regarding the use of
eminent domain, upon motion received and filed.
City Manager correspondence to local legislators urging support for HSB 530 regarding the use
of withholding tax credits for job creation in urban renewal districts, upon motion received and filed.
City Manager correspondence to local legislators encouraging them to support an amendment to
Iowa Code ~364.2 to clarify a city's authority to charge a franchise fee to a utility based on the
gross revenue from the sale of the utility's product, upon motion received and filed.
City Manager correspondence to Senators Mike Connolly, Tom Hancock, and Roger Stewart
encouraging them to oppose SSB 3146 that establishes a State Communication Franchise which
would, as proposed, eliminate all existing municipal franchise agreements and replace them with a
State Franchise Agreement, upon motion received and filed.
City Manager correspondence to Representatives Pam Jochum, Pat Murphy, Thomas Schueller,
Steve Lukan, and Ray Zirkelbach urging them to oppose HSB 670, which establishes a State
Communication Franchise which would, as proposed, eliminate all existing municipal franchise
agreements and replace them with a State Franchise Agreement, upon motion received and filed.
University Avenue Embankment Stabilization Project: City Manager recommending approval to
hire IIW Engineers & Surveyors, P.C. to complete the engineering design services for the
University Avenue Embankment Stabilization Project in an amount not to exceed $13,900, upon
motion received and filed and approved recommendation.
University Avenue Culvert Extension/Sanitary Sewer Reconstruction Project: City Manager
recommending approval to hire IIW Engineers for design services associated with the University
Avenue Culvert Extension and Sanitary Sewer Reconstruction projects, upon motion received and
filed and approved recommendation.
Upper Catfish Creek Watershed Project: City Manager recommending approval of a letter of
support for the Dubuque County Soil and Water Conservation District grant application to fund the
Upper Catfish Creek Watershed Project, upon motion received and filed.
Bergfeld Recreation Area Development Project: City Manager recommending acceptance of
the Bergfeld Recreation Area Development Project as completed by Drew Cook & Sons
Excavating in the final contract amount of $506,512.99, upon motion received and filed. Connors
moved adoption of Resolution No. 67-06 Accepting improvement and Resolution No. 68-06
Approving final contract amount. Seconded by Cline. Motion carried 7-0.
Golf Cart Lease Agreement: City Manager recommending approval of a five-year lease
agreement with Dubuque Bank and Trust Company, the leasing agent for Harris Golf Cars, for fifty
golf cars for the Bunker Hill Golf Course, upon motion received and filed and approved
recommendation.
Bunker Hill Golf Course Management Agreement: City Manager recommending approval of a
management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course
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for the period beginning March 1, 2006 through November 30, 2006, upon motion received and
filed and approved recommendation.
Five Flags HVAC Phase II Project: City Manager recommending acceptance of the Five Flags
HV AC Phase II Project as completed by Geisler Brothers Company in the final contract amount of
$119,588.05, upon motion received and filed. Connors moved adoption of Resolution No. 69-06
Accepting improvement and Resolution No. 70-06 Approving final contract amount. Seconded by
Cline. Motion carried 7-0.
Five Flags Center Renovation Project: City Manager recommending acceptance of the Five
Flags Center Renovation Project as completed by Conlon Construction Company in the final
contract amount of $1,694,578.48, upon motion received and filed. Connors moved adoption of
Resolution No. 71-06 Accepting improvement and Resolution No. 72-06 Approving final contract
amount. Seconded by Cline. Motion carried 7-0.
Swimming Pool Concession Agreement: City Manager recommending approval of a concession
agreement with Choo Choo Charlie's to operate the concession stands at Flora and Sutton
swimming pools, upon motion received and filed and approved recommendation.
2006 Sidewalk Inspection Program: City Manager recommending approval of a modification to
the Sidewalk Inspection Program allowing a 50 percent permit fee reduction if the sidewalk repair
is completed prior to the initial 30-day deadline, upon motion received and filed and approved
recommendation.
Stormwater Facilities Fee Agreement: City Manager recommending approval of a proposed
Stormwater Facilities Fee Agreement with the development group of The Finley Hospital, Hartig
Drug and Dubuque Bank and Trust to provide detention basin services for the development at
University Avenue and North Grandview Avenue, upon motion received and filed and approved
recommendation.
West 32nd Street Detention Basin: City Manager recommending approval to establish the fair
market value of a property located at 655 Gillespie Street for purchase of the property for
expansion of the West 32nd Street Detention Basin, upon motion received and filed. Connors
moved adoption of Resolution No. 73-06 Establishing the fair market value of real property located
at 655 Gillespie Street in the City of Dubuque. Seconded by Cline. Motion carried 7-0.
Washington Neighborhood Park: City Manager recommending approval of the acquisition of
three properties in the Washington Street neighborhood for the purpose of developing a park at
the intersection of 18th Street and Washington Street, upon motion received and filed. Connors
moved adoption of Resolution No. 74-06 Approving the acquisition of three parcels of real estate
located at the northwest corner of the intersection of 18th and Washington Streets, at 1837
Washington Street and at 1839 Washington Street in the City of Dubuque. Seconded by Cline.
Motion carried 7-0.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development advising that they are in receipt of the City's third amendment
to the Fiscal Year 2006 Community Development Block Grant Annual Action Plan, upon motion
received and filed.
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Dakota, Minnesota and Eastern Railroad Corporation: City Manager correspondence to the City's
federal legislators regarding the plans of the Dakota, Minnesota and Eastern Railroad Corporation
to extend their rail line, upon motion received and filed.
Voluntary Annexation Requests: Communications from Gary and Mary Beth Valentine and
Martin J. McNamer, North Cascade Road Developers, L.L.C., requesting voluntary annexation into
the City of Dubuque, upon motion received and filed and referred to the City Manager.
Transient Boat Dock Contract: City Manager recommending approval of a contract with
Abonmarche Group to complete engineering design services for the Port of Dubuque - Ice Harbor
Transient Boat Dock Facility Project in the amount of $24,000, upon motion received and filed and
approved recommendation.
Sam's Club Escrow Agreement: City Manager recommending approval of an Escrow Agreement
with Wal-Mart related to the required street improvements for the Sam's Club development at the
Northwest Arterial and Asbury Road, upon motion received and filed.
Business Licenses: Connors moved adoption of Resolution No. 75-06 Granting the issuance of
a Class "C" Beer Permit to Dubuque Discount Gas; Resolution No. 76-06 Granting the issuance of
a Class "C" Beer/Liquor License to Eagles Club, PJ's, and the Yardarm Bar; and Resolution No.
77-06 Granting the issuance of a Class "C" Beer/Liquor License to the Water Hole. Seconded by
Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
General Obligation Bonds - Stormwater Projects: City Manager recommending that a public
hearing be set for March 20, 2006 to consider issuing $2,900,000 in General Obligation Bonds to
support stormwater projects, upon motion received and filed. Cline moved adoption of Resolution
No. 78-06 Fixing date for a meeting on the proposition of the issuance of not to exceed
$2,900,000 General Obligation Bonds (for essential corporate purposes) of Dubuque, Iowa and
providing for publication of notice thereof and set this for public hearing on 3/20/06 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 Connors. Motion carried 7-0.
General Obligation Urban Renewal Bonds - Parking Ramp Restoration Projects: City Manager
recommending that a public hearing be set for March 20, 2006 to consider issuing $910,000 in
General Obligation Urban Renewal Bonds to support restoration projects at the Locust Street and
Iowa Street Parking Ramps, upon motion received and filed. Cline moved adoption of Resolution
No. 79-06 Fixing date for a meeting on the proposition of the issuance of not to exceed $910,000
General Obligation Urban Renewal Bonds of Dubuque, Iowa and providing for publication of notice
thereof and set public hearing for 3/20/06 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 Connors. Motion carried 7-0.
Refunding of General Obligation Bonds: City Manager recommending that a public hearing be
set for March 20, 2006 to consider issuing $3,730,000 in General Obligation Bonds to refund the
outstanding balance on 2000 Series Band C bonds, upon motion received and filed. Cline
moved adoption of Resolution No. 80-06 Fixing date for a meeting on the proposition of the
issuance of not to exceed $3,730,000 General Obligation Refunding Bonds (for an essential
corporate purpose) of Dubuque, Iowa and providing for publication of notice thereof and set this is
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for public hearing on 3/20/06 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 Connors. Motion carried 7-0.
Bonson Road Reconstruction Project: City Manager recommending initiation of the public
bidding process for the Bonson Road Reconstruction Project and setting a public hearing for April
3, 2006, upon motion received and filed. Cline moved adoption of Resolution No. 81-06
Preliminary approval of plans and specifications; Resolution No. 82-06 Fixing the date of hearing
on plans and specifications for 4/3/06 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; Resolution
No. 83-06 Of necessity; Resolution No. 84-06 Fixing date of hearing on Resolution of Necessity
for 4/3/06 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; Resolution No. 85-06 Approving
preliminary schedule of assessments and Resolution No. 86-06 Ordering bids. Seconded by
Cline. Motion carried 7-0.
Former Water Department and Stealth Racing - Building Demolition Project: City Manager
recommending initiation of the public bidding process for the Former Water Department and
Stealth Racing - Building Demolition Project and setting a public hearing for April 3, 2006, upon
motion received and filed. Connors moved adoption of Resolution No. 87-06 Preliminary approval
of plans and specifications; Resolution No. 88-06 Fixing the date of hearing on plans and
specifications for 4/3/06 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. 89-
06 Ordering bids. Seconded by Cline. Motion carried 7-0.
Custer Street / Allison Henderson Sewer and Detention Basin Project: City Manager
recommending initiation of the public bidding process for the Custer Street / Allison Henderson
Sewer and Detention Basin Project and setting a public hearing for April 3, 2006, upon motion
received and filed. Cline moved adoption of Resolution No. 90-06 Preliminary approval of plans
and specifications; Resolution No. 91-06 Fixing the date of hearing on plans and specifications
for 4/3/06 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. 92-06 Ordering
bids. Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Community Development Advisory Commission (One At-Large position [Wainwright] through
2/15/09 and one Low/Moderate Income position [Isenhart] through 2/15/09)
Applicants for At-Large Position: R.J. Sullivan, Thomas C. Wainwright
Applicant for Low/Moderate Position: Hillary A. Stubben
Ms. Stubben spoke requesting consideration for appointment.
Electrical Code Board (One Journeyman/Maintenance position [Pfohl] through 5/21/08, one At-
Large position [Pregler] through 5/21/08, and two Electrical Background positions [new] through
5/21/09) Applicants: Bob Schmidt, Paul J. Uhlrich Mr. Uhlrich spoke requesting consideration
for appointment.
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TV Cable Teleprogramming Commission (one vacant term through 6/30/06 and one vacant term
through 6/30/07) Applicant: Burton Everist
ACTION ITEMS
River Pointe Development, LLC - Request to Rezone (First Reading on February 20, 2006):
George Murphy, River Pointe Development, LLC, submitting a revised design for the development,
upon motion received and filed.
Communication from Sister Margaret Ann Willging regarding the River Pointe Development
project, upon motion received and filed.
Communications from Robin M. Kennicker regarding the River Pointe Development project, upon
motion received and filed.
Steve Juergens, representing River Pointe, LLC, reviewed the three architectural renderings that
had been submitted to the City Council and stated that the final design has not been determined.
Council discussed various aspects of the development including the soil borings that had been
performed, stability of the bluff face, erosion control and the type of materials that would be used
on the buildings.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying property located at 600 Mazzuchelli Drive from R-2 Residential District
to PUD Planned Unit Development District with a Planned Residential designation, said Ordinance
having been presented and read at the Council Meeting of February 20, 2006, now presented for
further action. Connors moved that this be considered the second reading of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
. Storage Container Ordinance (First Reading on February 6, 2006 and Second Reading on
February 20, 2006)
City Manager submitting a revised schedule of fees for exterior storage containers to be
implemented should the ordinance be passed, upon motion received and filed.
Steward Sandstrom, President of the Dubuque Area Chamber of Commerce, spoke objecting to
the Ordinance and its fee schedule and requested Council use this last chance to make a right
decision for Dubuque.
Ordinance No. 26-06 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, said Ordinance having been presented and read on 2/6/06 and 2/20/06, now presented for
further action. Connors moved final consideration and passage of the Ordinance. Seconded by
Jones. Carried by the following vote: Yeas-Buol, Connors, Jones, Michalski. Nays-Braig,
Cline, Lynch.
Upon motion the following was removed from the table: Organizational Development and
Diversity Training (Tabled on February 20, 2006): City Manager recommending approval to
authorize staff to negotiate a contract with One Ummah Consulting to perform Organizational
Development and Diversity Training for City employees at a cost not to exceed $79,200, upon
motion received and filed and approved.
Sedgwick Claims Management Services, Inc. - CEBA Application: City Manager recommending
approval of the submission of a Community Economic Betterment Account (CEBA) Application on
behalf of Sedgwick Claims Management Services, Inc., upon motion received and filed. Cline
moved adoption of Resolution No. 93-06 Authorizing the filing of a Community Economic
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Betterment Account (CEBA) application on behalf of Sedgwick Claims Management Services, Inc.
Seconded by Lynch. Motion carried 7-0.
Hunting and Target Practice Within City Limits: City Manager recommending approval of an
ordinance to allow hunting and target practice within the City limits on private property zoned
Agricultural of not less than ten acres, upon motion received and filed. An Ordinance Amending
City of Dubuque Code of Ordinances Chapter 33, Offenses and Miscellaneous Provisions, by
adopting a new Section 33-17 Hunting Permitted, allowing hunting and target practice within the
corporate limits of the City under certain conditions, presented and read. Connors moved that
this be considered the first reading of the Ordinance. Seconded by Michalski. Carried by the
following vote: Yeas-Buol, Braig, Connors, Jones, Lynch, Michalski. Nays-Cline.
Examining Board: Communication from Richard A. Engelken, City Assessor, requesting
appointment of a member to the Examining Board (previously former Administrative Services
Manager Pauline Joyce) to serve a six-year term, upon motion received and filed and referred to
the City Manager for recommendation on the appointment.
COUNCIL MEMBER REPORTS
Michalski mentioned the Council's upcoming trip to Washington D.C.
PUBLIC INPUT
Gabrielle DeVega, 1617 % White, read a letter on diversity training and requested that minorities
be involved in the training.
Cathy Breitbach, 1209 Prairie, spoke on various issues including how hard it is for small
businesses to survive in Dubuque.
There being no further business, upon motion meeting adjourned at 8:13 P.M.
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Jeanne F. Schneider, CMC
City Clerk
1t 3/15
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