4 3 06 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, April 3, 2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski,
Assistant City Manager Steinhauser, City Attorney Lindahl
Absent: City Manager Van Milligen
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 Reverend Terry Bemis, Pastor, Assembly of God Church
Mayor Buol presented a City flag to visiting Librarian Irinia Koleva from Bulgaria.
Proclamations: Public Health Week (April 3 – 9, 2006) received by Public Health Specialist
Mary Rose Corrigan; Credit Education Week (April 16 – 22, 2006) received by Tom Berryman
and Mark Lansing; Days of Remembrance of the Victims of the Holocaust (April 23 – 30,
2006); and New Homes Month (April, 2006) received by Ron Smith.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 3/16; Cable TV Regulatory
Commission of 2/8; Cable TV Teleprogramming Commission of 2/7; City Council of 3/20 and
3/27; Civil Service Commission of 3/10; Electrical Code Board of 3/27; Environmental
Stewardship Advisory Commission of 3/7; Historic Preservation Commission of 2/23 and 3/16;
Housing Code Appeals Board of 7/19/05 (As Amended) and 9/20/05; Housing Commission of
1/24; Housing Commission Trust Fund Committee of 3/3; Library Board of 1/26; Long Range
Planning Advisory Commission of 3/15; Transit Board of 3/9, upon motion received and filed.
Library Board of Trustees Update from Meeting of February 23, 2006, upon motion received
and filed.
Printed City Council Proceedings for December, 2005, upon motion received and filed and
approved as printed.
Proofs of publication of City Council Proceedings of 3/2 and 3/6, the Governing Board of the
Municipal Housing Agency of 3/2, and the List of Claims and Summary of Revenues for month
ending February 28, 2006, upon motion received and filed.
Notice of Claims/Suits: Allied Waste for property damage; Allied Waste for vehicle damage;
Tina Marie Hessel v. City of Dubuque, et al; Crystal Howel for personal injury; Richard Jaeger
for vehicle damage, upon motion received and filed and referred to the City Attorney for
investigation/report.
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: Crystal L. Howell for
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personal injury; Richard Jaeger for vehicle damage, upon motion received and filed and
concurred.
City Attorney recommending approval of the claims of Francis McDonald for property damage
and Roger Voss for personal injury and directing Finance Department to issue payment, upon
motion received and filed and concurred.
City Attorney recommending denial of the claim of Robert D. Boelk for property damage, upon
motion received and filed and concurred.
Timber-Hyrst Estates – Creek Wood Drive Bridge: City Manager recommending approval to
hire IIW Engineers and Surveyors, P.C. for an amount not to exceed $7,900 to provide bridge
construction engineering and inspection services for the Timber-Hyrst Estates – Creek Wood
Drive Bridge, upon motion received and filed and approved recommendation.
NPDES Stormwater Permit - Storm Drain Stenciling Partnership: City Manager submitting
information on the City of Dubuque’s partnership with the National Mississippi River Museum
and Aquarium to stencil storm drain intakes to help fulfill a requirement for the City's NPDES
Stormwater Permit, upon motion received and filed.
Acceptance of Easement: City Manager recommending approval of the acceptance of an
easement from the Dubuque Community School District for traffic control devices for new
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signals at 11 and12th Streets at Prescott School, upon motion received and filed. Cline
moved adoption of Resolution No. 115-06 Accepting a Grant of Easement for traffic control
devices to the City of Dubuque. Seconded by Michalski. Motion carried 7-0.
Harvest View Estates: City Manager recommending acceptance of the public improvements
that Harvest Development Group, LLC has recently completed in Harvest View Estates, upon
motion received and filed. Cline moved adoption of Resolution No. 116-06 Accepting
improvements in Harvest View Estates and Harvest Business Center. Seconded by Michalski.
Motion carried 7-0.
Long Range Planning Advisory Commission: Communication from Shannon Lundgren
submitting her resignation from the Long Range Planning Advisory Commission effective
immediately, upon motion received and filed.
Fiscal Year 2007 – 2011 Capital Improvement Program: Communication from the Long
Range Planning Advisory Commission stating that the Fiscal Year 2007 – 2011 Recommended
CIP Budget is in conformance with the Comprehensive Plan, upon motion received and filed.
Legislative Correspondence: City Manager correspondence to Senators Mike Connolly, Tom
Hancock and Roger Stewart urging their opposition to SF 2361 regarding the creation of a
statewide cable franchise, upon motion received and filed.
Bunker Hill Golf Course Reservation License Agreement: City manager recommending
approval of a Reservations License Agreement with FORE for software for the tee time
reservation and point of service system for the Bunker Hill Golf Course, upon motion received
and filed and approved.
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Dubuque Metropolitan Area Solid Waste Agency: Communication from the Dubuque
Metropolitan Area Solid Waste Agency advising that the Agency has extended the City’s Waste
Delivery Contract for an additional one-year term from July 1, 2006 through June 30, 2007,
upon motion received and filed.
Certificate of Appreciation: Certificate of Appreciation to Sandi Hutchcroft for outstanding
contributions made in the Standard Operating Procedures Committee National Emergency
Number Association, upon motion received and filed.
Dubuque Regional Airport: Communication to Norman Mineta, Office of the Secretary of
Transportation, endorsing the Dubuque Regional Airport’s application for the Small Community
Air Service Development Pilot Program and their plan for improving air service in the tri-state
region, upon motion received and filed and approved recommendation.
Civil Service Commission: Civil Service Commission submitting the corrected certified list for
the position of Fire Lieutenant, upon motion received and filed and made a matter of record.
Business Licenses: Cline moved adoption of Resolution No. 117-06 Granting the issuance of
two new licenses to sell cigarettes and cigarette papers within the City to Hy-Vee Gas #3 and
Hy-Vee #3; Resolution No. 118-06 Granting the issuance of a Class “B” (5 Day Special Event)
Beer Permit to Music n More Promotions; a Class “B” Beer Permit to Panchero’s Mexican Grill
and McAleece Park/Park and Recreation Commission; and Class “C” Beer Permit to Hy-Vee
Gas #3, Hy-Vee #3 and Tobacco World; and Resolution No. 119-06Granting the issuance of a
Class “C” Beer/Liquor License to Salsa’s Mexican Restaurant, Noonan’s Tap, Marco’s Italian
American Food, and Neighbor’s Tap; a Class “B” Wine Permit to Hy-Vee #3; a Class “B” Native
Wine Permit to National Mississippi River Museum, Park Farm Winery and Hy-Vee Gas #3; and
a Class “E” Liquor License to Hy-Vee #3. Seconded by Michalski. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Arts and Cultural Affairs Advisory Commission (One unexpired three-year term (Arts position)
through 6/30/07 Applicants:Gail Chavenelle, Catherine Goodman, Thomas Goodman,
Richard Hall, Ellen Hartman Henkels, Louise Kames, Otto Krueger, Ioana Mamali, Michelle
McKinlay, Gene Perry, Edwin Ritts, Jr., John Tilton, Gene Tully, John Woodin
Vote on the appointment was as follows: Cline voted for Krueger; Connors voted for Kames;
Jones – Abstain; Lynch voted for Hall; Michalski voted for Kames; Braig voted for Kames;
Buol voted for Henkels. There being no majority a second vote was taken: Cline voted for
Krueger; Connors voted Kames; Jones – Abstain; Lynch voted for Kames; Michalski voted for
Kames; Braig voted for Kames; Buol voted for Kames. Therefore, Louise Kames was
appointed to the unexpired (Arts) three year term which will expire 6/30/07.
Zoning Board of Adjustment (One 5-year term through 3/25/11 – term of Klauer) Applicant:
Randy Klauer; Upon motion Randy Klauer reappointed to a five year term on the Zoning
Board of Adjustment which will expire 3/25/11.
PUBLIC HEARINGS
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Upon motion the rules were suspended to allow anyone present to address the Council.
Bonson Road Reconstruction Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications and Resolution of Necessity for the Bonson Road
Reconstruction Project and City Manager recommending approval, upon motion received and
filed. Cline moved adoption of Resolution No. 120-06 Adopting plans and specifications and
Resolution No. 121-06 With respect to the adoption of the Resolution of Necessity proposed for
the Bonson Road Reconstruction Project. Seconded by Connors. Motion carried 7-0.
Former Water Department and Stealth Racing Buildings Demolition Project: Proof of
publication on notice of hearing to consider adoption of the plans and specifications for the
Former Water Department and Stealth Racing Buildings Demolition Project and City Manager
recommending approval and award of the contract to Newt Marine Service in the amount of
$38,911.11, upon motion received and filed. Connors moved adoption of Resolution No. 122-
06 Adopting plans and specifications; Resolution No. 123-06 Awarding construction contract
for the Former Water Department and Stealth Racing Buildings Demolition and Site Clearance
Project and Resolution No. 124-06 Approving construction contract with Newt Marine Service
for the Former Water Department and Stealth Racing Buildings Demolition and Site Clearance
Project. Seconded by Cline. Motion carried 7-0.
Custer Street / Allison Henderson Sewer and Detention Basin Project: Proof of publication on
notice of hearing to consider adoption of the plans and specifications for the Custer Street /
Allison Henderson Sewer and Detention Basin Project and City Manager recommending
approval and award of the contract to McDermott Excavating in the amount of $208,795.87,
upon motion received and filed. Cline moved adoption of Resolution No. 125-06 Adopting
plans and specifications; Resolution No. 126-06 Awarding construction contract for the Custer /
Allison Henderson Sewer and Detention Basin Project and Resolution No. 127-06 Approving
construction contract with McDermott Excavating for the Custer / Allison Henderson Sewer and
Detention Basin Project. Seconded by Connors. Motion carried 7-0.
Floodwall Pumping Station Improvement Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the Floodwall Pumping Station
Improvement Project and City Manager recommending that all bids be rejected, upon motion
received and filed. Michalski moved adoption of Resolution No. 128-06 Rejecting all bids
received for the Hawthorne Street Generator Project, Maus Lake Generator Project and Bee
Branch Pumping Station Improvement Projects. Seconded by Lynch. Motion carried 7-0.
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 giving a detailed report of the activities of the
Convention and Visitors Bureau.
General Obligation Bonds – Stormwater Projects: City Manager advising that the sale of
General Obligation Bonds to support stormwater projects will be held on Monday, April 3, 2006
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at 11:00 a.m. and that results will be brought to the April 3 City Council meeting, upon motion
received and filed.
Finance Director Ken TeKippe and Tionna Pooler, Public Management Services, spoke
clarifying the project and noted that the low bid was UMB Bank.
Cline moved adoption of Resolution No. 129-06 Directing sale of $2,900,000 General
Obligation Bonds, Series 2006A. Seconded by Connors. Motion carried 7-0.
General Obligation Urban Renewal Bonds – Parking Ramp Restoration Projects: City
Manager advising that the sale of General Obligation Urban Renewal Bonds to support
restoration projects at the Locust Street and Iowa Street Parking Ramps will be held on
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Monday, April 3, 2006 at 11:00 a.m. and that results will be brought to the April 3 City Council
meeting, upon motion received and filed. Cline moved adoption of Resolution No. 130-06
Directing sale of $910,000 General Obligation Urban Renewal Bonds, Series 2006B to UMB
Bank. Seconded by Jones. Motion carried 7-0.
General Obligation Bonds – Refunding of Balances: City Manager advising that the sale of
General Obligation Refunding Bonds to refund the outstanding balance on 2000 Series B and
C Bonds will be held on Monday, April 3, 2006 at 11:00 a.m. and that results will be brought to
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the April 3 City Council meeting, upon motion received and filed. Cline moved adoption of
Resolution No. 131-06 Directing sale of General Obligation Refunding Bonds, Series 2006C in
the amended amount of $3,525,000 to UMB Bank. Seconded by Jones. Motion carried 7-0.
Roger Kunde/North End Wrecking – Request to Rezone (First Reading on March 20, 2006):
City Manager transmitting a revised ordinance/memorandum of agreement and planting plan,
as well as property/enforcement history, for the HI Heavy Industrial rezoning request filed by
Roger Kunde for North End Wrecking; Communication from Paul J. Uhlrich, 489 Olympic
Heights Road, requesting to address the Council regarding the proposed rezoning for Roger
Kunde/North End Wrecking and communication from Hope Huseman, 245 Olympic Heights,
requesting to address the Council regarding the proposed rezoning for Roger Kunde/North End
Wrecking, upon motion received and filed.
Paul Uhlrich, 489 Olympic Heights and Hope Huseman, 245 Olympic Heights, both spoke
objecting to the rezoning, requested strict restrictions including no heavy equipment traffic on
Olympic Heights Road, and stringent enforcement of the site if rezoned.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
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Ordinances by reclassifying property located at 55 West 32 Street from AG Agricultural
District to HI Heavy Industrial District, said Ordinance having been presented and read at the
Council Meeting of March 20, 2006, now presented for further action. Jones moved that this be
considered the second reading of the Ordinance. Seconded by Connors. Carried by the
following vote: Yeas—Cline, Connors, Jones, Lynch, Braig. Nays—Buol, Michalski.
The McGraw-Hill Companies, Inc.: City Manager recommending approval of the submission of
an application for State financial assistance on behalf of The McGraw-Hill Companies, Inc. to
assist with the relocation and expansion of the operation to the Port of Dubuque, upon motion
received and filed. Cline moved adoption of Resolution No. 132-06 Authorizing the filing of an
Iowa Department of Economic Development Application for Financial Assistance on behalf of
The McGraw-Hill Companies, Inc. Seconded by Connors. Motion carried 7-0.
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Walnut Ridge Estates – Final Plat: City Manager recommending approval of the final plat of
Walnut Ridge Estates as requested by Lester and Barbara Jennings, upon motion received and
filed. Connors moved adoption of Resolution No. 133-06 Approving the final plat of Walnut
Ridge Estates in Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0.
Historic District Entry Signs: Historic Preservation Commission recommending approval of the
sign designs and locations for Historic District Entry Signs, upon motion received and filed and
approved recommendation.
Transit Management Contract: City Manager recommending approval of a five-year contract
with First Transit, Inc. to provide a General Manager for KeyLine Transit, upon motion received
and filed. Cline moved adoption of Resolution No. 134-06 Approving the selection of First
Transit, Inc. for transit management services and authorizing the City Manager to execute an
appropriate contract for said management contract. Seconded by Connors. Motion carried 7-0.
Michalski requested that the City Council be provided quarterly reports.
Historic Preservation Commission – Demolition by Neglect: Historic Preservation Commission
recommending that the City Council incorporate Demolition by Neglect into the Dubuque City
Code for Conservation Districts and City Manager requesting that the Historic Preservation
Commission request to extend Demolition by Neglect to Conservation Districts be referred to
the City Manager to prepare a report on the impact to staff resources, and an Ordinance
amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by
amending Section 11-4 Demolition Permits in Conservation Districts, upon motion received and
filed and referred to the City Manager.
Alta Vista/Carlotta Street Reconstruction Project: City Manager recommending award of the
contract for the Alta Vista / Carlotta Street Reconstruction Project to Portzen Construction, Inc.,
in the amount of $774,981.40, upon motion received and filed. Connors moved adoption of
Resolution No. 135-06 Awarding construction contract for the Alta Vista / Carlotta Streets
reconstruction project and Resolution No. 136-06 Approving construction contract with Portzen
Construction, Inc. for the Alta Vista / Carlotta Streets reconstruction project. Seconded by
Jones. Motion carried 7-0.
Partners in the Dubuque Continuum of Care: Communication from Erica Haugen, Dubuque
Continuum of Care, requesting City Council support of a resolution calling for the United States
Department of Housing and Urban Development to expand the current definition of
homelessness, upon motion received and filed. Michalski moved adoption of Resolution No.
137-06 Expanding HUD’s Definition of Homelessness: Providing Local Flexibility, Responding
to Families, Children, and Youth. Seconded by Lynch. Motion carried 7-0.
Hunting and Target Practice within City Limits (First Reading 3/6/06; Second Reading
3/20/06): City Manager transmitting a suggested revision to the previously submitted ordinance
that would allow hunting/target practice within the City limits to require that the property owner
shall be present to supervise target practice on the owner’s property and 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, said Ordinance having
been presented and read at the Council Meetings of 3/6/06 and 3/20/06, now presented for
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final action. Connors moved to receive and file the communication and moved final
consideration and passage of the Ordinance. Seconded by Jones. Motion failed due to the
following vote: Yeas—None. Nays—Braig, Buol, Cline, Connors, Jones, Lynch, Michalski.
Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the
Comprehensive Plan Update Schedule and requesting City Council direction on involvement of
other governmental bodies in the process, upon motion received and filed. Direction was given
that the Commission provide notice of public meetings to other governmental bodies to receive
input and that any policy questions be referred to the Council. Michalski requested that a 28E
Agreement for fringe area development be looked at.
COUNCIL MEMBER REPORTS
Braig questioned whether there was consensus on the Council to look at a comprehensive
bluff top plan. Staff explained that this was being looked at as a part of the Unified
Development Code update.
Buol requested that Council Members think about the need for a “big box” ordinance.
PUBLIC INPUT
Stacie Neldaughter spoke thanking the City Council for passing the Human Rights Sexual
Orientation ordinance.
At 8:56 P.M. Upon motion it was resolved to go into Closed Session: Pending Litigation and
Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa.
At 9:10 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:11 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 4/12
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