7 5 06 Minutes this meeting
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Wednesday, July 5, 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, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of discussing
such matters which may properly come before the Council.
Invocation was given by Father Ardel Barta.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 5/25; Cable TV Teleprogramming
Commission of 4/4; City Council of 6/19 and 6/21; Historic Preservation Commission of 6/15; Housing
Code Appeals Board of 3/21; Housing Commission of 5/23; Housing Commission Trust Fund of 6/22;
Library Board of Trustees of 3/30, 4/11, 4/19 and 4/28, upon motion received and filed.
Proof of publication of City Council Proceedings of June 5, 2006, upon motion received and filed.
Notice of Claims/Suits: Kelly Lee Day for personal injury; Jeannine Pauly for property damage;
Jessica Sampson for vehicle damage; Eric Suiter and Sherri Sanwick 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: Kelly Lee Day for personal injury; Sherri
Sanwick for vehicle damage, upon motion received and filed and concurred.
City Attorney recommending settlement of the claim of Jeannine Pauly for property damage and
directing the Finance Department to issue payment, upon motion received and filed and concurred
and Finance Department to issue payment.
First Transit, Inc.: City Manager recommending approval of the first amendment to the Management
Agreement between the City of Dubuque and First Transit, Inc., upon motion received and filed.
Cline moved adoption of Resolution No. 269-06 Approving the First Amendment to the Management
Agreement between the City of Dubuque, Iowa and First Transit, Inc. Seconded by Connors. Motion
carried 7-0.
People for the Ethical Treatment of Animals (PETA): Communication from Lisa Wathne, People for
the Ethical Treatment of Animals, regarding the physical abuse of animals in circuses, upon motion
received and filed and referred to the City Attorney.
Citizen Communication: Communication from Thomas H. Zuccaro, 1496 White Street, regarding
vehicle noise, upon motion received and filed and referred to the City Manager.
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Iowa Clean Air Attainment Program: City Manager recommending execution of an agreement with
the Iowa Department of Transportation for the Iowa Clean Air Attainment Program Project for the US
20 Capacity Improvements, upon motion received and filed. Cline moved adoption of Resolution No.
270-06 Approving the Iowa Department of Transportation Agreement for the Iowa Clean Air
Attainment Program (ICAAP) Project of the US 20 (Devon Drive to Menards) Capacity Improvements
- Priority 1, Traffic Signal and Intelligent Transportation System Improvements. Seconded by
Connors. Motion carried 7-0.
United Rental Demolition Project: City Manager recommending acceptance of the United Rental
Demolition Project as completed by Tri-State Development Company in the final contract amount of
$22,175, upon motion received and filed. Cline moved adoption of Resolution No. 271-06 Accepting
the former United Rental Building Demolition and Site Clearance Project and Resolution No. 272-06
Approving final estimate. Seconded by Connors. Motion carried 7-0.
Water Department I Stealth Racing Demolition Project: City Manager recommending acceptance
of the Water Department I Stealth Racing Demolition Project as completed by Newt Marine Services
in the final contract amount of $38,911.11, upon motion received and filed. Cline moved adoption of
Resolution No. 273-06 Accepting the former Water Department and Stealth Racing Building
Demolition and Site Clearance Project and Resolution No. 274-06 Approving final estimate.
Seconded by Connors. Motion carried 7-0.
University Avenue Reconstruction Project: City Manager recommending acceptance of the
University Avenue Reconstruction Project as completed by Horsfield Construction, in the final
contract amount of $1,340,603.50, upon motion received and filed. Cline moved adoption of
Resolution No. 275-06 Accepting the University Avenue Reconstruction Project from Delhi to Alta
Vista and the University Avenue Patching Project from Alta Vista to Spruce Street Project; Resolution
No. 276-06 Approving final estimate and Resolution No. 277-06 Approving the preliminary schedule
of final assessments. Seconded by Connors. Motion carried 7-0.
Purchase of Property - 1703 Elm Street: City Manager recommending approval of the purchase of
property at 1703 Elm Street to be used for a parking lot next to the new Community Health Center,
upon motion received and filed. Cline moved adoption of Resolution No. 278-06 Approving the
acquisition of real estate located at 1703 Elm Street in the City of Dubuque. Seconded by Connors.
Motion carried 7-0.
Fiscal Year 2007 Community Development Block Grant Agreement: City Manager recommending
approval of the Fiscal Year 2007 Community Development Block Grant Program with the U.S.
Department of Housing and Urban Development in the amount of $1,256,479, upon motion received
and filed. Cline moved adoption of Resolution No. 279-06 Authorizing execution of a Community
Development Block Grant Agreement with the U.S. Department of Housing and Urban Development.
Seconded by Connors. Motion carried 7-0.
Dubuque Industrial Center West - Subdividing of Lot: City Manager recommending approval of the
subdivision of Lot 1 of Dubuque Industrial Center West for Giese Manufacturing Company, Inc.
proposed expansion project, upon motion received and filed. Cline moved adoption of Resolution
No. 280-06 Approving Plat of Survey of Lot 1 of 1 and Lot 2 of 1, Dubuque Industrial Center West
5th Addition in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0.
PEG Access Capital Grant Expenditure I Mediacom Request: City Manager recommending
approval of a request from Mediacom for $2,000 in funding from the PEG Access Capital Grant for
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. networking equipment for the public access studio, upon motion received and filed and approved
recommendation.
PEG Access Capital Grant Expenditure I Dubuque Community School District: City Manager
recommending approval of a request from the Dubuque Community School District for $7,000 in
funding from the PEG Access Capital Grant for a Steadicam Flyer 24SE camera stabilization mount,
upon motion received and filed and approved request.
PEG Access Capital Grant Expenditure I City of Dubuque: City Manager recommending approval
of a request from the City of Dubuque for $4,420 in funding from the PEG Access Capital Grant for
two LED light systems from Lite Panels, Inc., upon motion received and filed and approved
recommendation.
A.Y. McDonald Park Play Unit: City Manager recommending approval of the use of savings from
the Five Flags Renovation Project for the purchase of the play unit for A.Y. McDonald Park, upon
motion received and filed and approved recommendation.
Flora Park Water System Project: City Manager recommending acceptance of the Flora Park
Water System Project as completed by Willenborg Plumbing and Heating, Inc., in the final contract
amount of $67,922.17, upon motion received and filed. Cline moved adoption of Resolution No.
281-06 Accepting improvement and Resolution No. 282-06 Approving final estimate. Seconded by
Connors. Motion carried 7-0.
Dubuque Museum of Art: Communication from the Dubuque Museum of Art regarding the
remaining debt they owe the City from a $300,000 loan they took out in July 1999 from the Downtown
Loan Pool to rehabilitate the Dubuque Museum of Art building be forgiven and City Manager
recommending that the loan agreement be amended to amortize their balloon payment, upon motion
received and filed and approved recommendation.
Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending approval of the
renewal rates submitted by Allianz for specific stop-loss insurance and aggregate stop-loss insurance
for the City's health and prescription drug plans, upon motion received and filed and approved
recommendation.
City Manager Employment Agreement: Submittal of the Fifteenth Amendment to the City
Manager's Employment Agreement for approval, upon motion received and filed and approved.
2006 Pavement Marking Project Service Contract: City Manager recommending award of a service
contract for the 2006 Pavement Marking Project to Selco, Inc. in the amount of $54,458.35, upon
motion received and filed. Cline moved adoption of Resolution No. 283-06 Awarding construction
contract for the 2006 Pavement Marking Project and Resolution No. 284-06 Approving construction
contract with Selco, Inc. for the 2006 Pavement Marking Project. Seconded by Connors. Motion
carried 7-0.
Consultant Services - Port of Dubuque: City Manager recommending approval of the selection of
Durrant Group, in the amount of $49,000, to provide architectural and engineering services for the
Port of Dubuque outdoor plazas and parking lot enhancements associated with the McGraw-Hili
project, upon motion received and filed and approved recommendation.
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Temporary Signs for Non-Profit Organizations: City Manager recommending approval of
establishing a maximum fee of $105 for non-profits who use temporary signs to advertise their
fundraising events, upon motion received and filed. Cline moved adoption of Resolution No. 285-06
Establishing a maximum fee for temporary signs placed by non-profit agencies. Seconded by
Connors. Motion carried 7-0.
Improvement Contracts / Performance, Payment and Maintenance Bonds: West Fifth Street (Delhi
- Alpine) Reconstruction Project; University Avenue Culvert Extension Project, upon motion received
and filed.
Business License Refund: Request of Mulgrew Oil Company for a refund in the amount of $50.00
for a portion of their Class C Beer Permit, upon motion received and filed and approved refund.
Business Licenses: Cline moved adoption of Resolution No. 286-06 Granting the issuance of
twenty-four renewal permits to sell cigarettes and cigarette papers within the City; Resolution No.
287-06 Granting the issuance of a Class "C" Beer/Liquor License to Las Margaritas, Fischer Lanes,
Knicker's Saloon, Airport Inn, Taiko Japanese Restaurant and Resolution No. 288-06 Granting the
issuance of a Class "B" Beer (5-Day Special Event) to Four Mounds Foundation and a Class "C" Beer
Permit to Oky Doky #14 and Dubuque Discount Gas #3. Seconded by Connors. Motion carried 7-
O.
ITEMS TO BE SET FOR PUBLIC HEARING
Giese Manufacturing Company, Inc. - Development Agreement: City Manager recommending that
a public hearing be set for July 17, 2006 to consider disposing of property in the Dubuque Industrial
Center West to Giese Properties, LLC for the purpose of constructing an 18,000 square foot
manufacturing facility and approval of a Development Agreement, upon motion received and filed.
Cline moved adoption of Resolution No. 289-06 Of intent to dispose of an interest in City of Dubuque
real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on
the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a
Development Agreement relating thereto with Giese Manufacturing Company, Inc. and Giese
Properties, LLC and providing for the publication of notice thereof, and set this for public hearing on
7/17/06 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 Lynch. Motion carried 7-0.
Cedar Street and Dog Track Wastewater Pumping Station Improvement Project: City Manager
recommending initiation of the public bidding process for the Cedar Street and Dog Track
Wastewater Pumping Station Improvement Project and that a public hearing be set for August 7,
2006, upon motion received and filed. Cline moved adoption of Resolution No. 290-06 Preliminary
approval of plans and specifications; Resolution No. 291-06 Setting date of hearing on plans and
specifications for 817/06 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. 292-06
Ordering bids. Seconded by Lynch. Motion carried 7-0.
National Mississippi River Museum and Aquarium Expansion Project / Former Adams Company
Building Re-Roof and Structural Repairs Project: City Manager recommending initiation of the public
bidding process for the National Mississippi River Museum and Aquarium Expansion Project / Former
Adams Company Building Re-Roof and Structural Repairs Project and that a public hearing be set for
August 7, 2006, upon motion received and filed. Cline moved adoption of Resolution No. 293-06
Preliminary approval of plans and specifications; Resolution No. 294-06 Setting date of hearing on
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. plans and specifications for 8/7/06 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. 295-06 Ordering bids. Seconded by Lynch. Motion carried 7-0.
Highway 20 Landscaping - Phase II Project: City Manager recommending initiation of the public
bidding process for the Highway 20 Landscaping - Phase II Project and that a public hearing be set
for September 5, 2006, upon motion received and filed. Cline moved adoption of Resolution No.
296-06 Preliminary approval of plans and specifications; Resolution No. 297-06 Setting date of
hearing on plans and specifications for 9/5/06 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. 298-06 Ordering bids. Seconded by Lynch. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Arts and Cultural Affairs Advisory Commission (Three 3-year terms through 6/30/09) -
Business/Professional [W. Intriligator], Business/Professional and LiveslWorks in Cultural District
[Amy Weber], and At Large [Rebecca Fabricius]
Applicants: Business/Professional: Ellen Hartman Henkels, William Intriligator, Karen Ridings;
Business/Professional and LiveslWorks in Cultural District: Amy Weber; At Large: Rebecca
Fabricius, Ellen Hartman Henkels, Geri Shaffer, John Tilton
Ms. Henkels, Ms. Weber, Ms. Fabricius, and Ms. Shaffer all spoke requesting consideration.
Civic Center Commission (Two 3-years terms through 6/29/09 - terms of Fuller and Parks)
Applicants: Cynthia Fuller, Bryce Parks No one spoke.
Transit Board of Trustees (One 3-year term through 7/30/09 - term of Bemis) Applicants: Harry
Bemis, Peter Kies No one spoke.
Appointment to the following Commission:
Park and Recreation Advisory Commission (One 3-year term through 6/30/09 - Term of Duggan)
Applicant: Chuck Duggan Connors moved that Chuck Duggan be reappointed to a three year
term to expire 6/30/09. Seconded by Braig. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Para-Transit Rate Increase: Proof of publication on notice of hearing to consider a para-transit rate
increase and City Manager recommending approval, upon motion received and filed.
Michalski apologized to citizens who could not attend the City Council's public hearing regarding the
para-transit increase due to the scheduled time of the hearing. Economic Development Director
David Heiar stated that the Transit Board hearing had been held at an earlier time than normal
Transit Board meetings in order to allow for citizens to attend and he clarified the specifics of the
proposed rate increase. Mayor Buol read the letter of Sara Davidson objecting to the proposed
increase.
Connors moved adoption of Resolution No. 299-06 Fixing rates for certain para-transit services.
Seconded by Jones. Motion carried 7-0.
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Petition to Vacate and Dispose of a Portion of the Plat of North Dubuque: Proof of publication on
notice of hearing to consider a request from Arnie Van Etten, representing James A. and Shirley A.
Christensen, to vacate and purchase a portion of the plat of North Dubuque and City Manager
recommending approval, upon motion received and filed. Cline moved adoption of Resolution No.
300-06 Vacating a portion of the plat of North Dubuque and Resolution No. 301-06 Disposing of City
interest in Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County,
Iowa. Seconded by Connors. Motion carried 7-0.
2006 Grandview Avenue Concrete Section Repair Project: Proof of publication on notice of hearing
to consider the 2006 Grandview Avenue Concrete Section Repair Project and City Manager
recommending award of the contract to Horsfield Construction, Inc. in the amount of $49,340.00,
upon motion received and filed. Cline moved adoption of Resolution No. 302-06 Adopting plans and
specifications; Resolution No. 303-06 Awarding contract for the 2006 Grandview Avenue Concrete
Section Repair Project to Horsfield Construction, Inc., and Resolution No. 304-06 Approving
construction contract with Horsfield Construction, Inc. for the 2006 Grandview Avenue Concrete
Section Repair Project. Seconded by Lynch. Motion carried 7-0.
Grand River Center - Fountain Sign Rehabilitation Project: Proof of publication on notice of hearing
to consider the Grand River Center - Fountain Sign Rehabilitation Project and City Manager
recommending award of the contract to Dubuque Sign Company in the amount of $44,500, upon
motion received and filed. Cline moved adoption of Resolution No. 305-06 Adopting plans and
specifications; Resolution No. 306-06 Awarding contract for the Grand River Center - Fountain Sign
Rehabilitation Project, and Resolution No. 307-06 Approving construction contract with Dubuque Sign
Company for the Grand River Center - Fountain Sign Rehabilitation Project. Seconded by Connors.
Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Citizen Request: Communication from Linda Carriger to address the City Council regarding the
state of Dubuque's inner city, upon motion received and filed.
Linda Carriger, 1670 Iowa Street, spoke of concerns in the downtown area with increased hostility
between gangs and requested action be taken to alleviate the problem.
Upon motion the following was removed from the table.
John and Sally Jo Herrig - Request to Rezone (Tabled on June 19, 2006): Communications from
Richard W. and Esther A. Farnum, William and Connie Clasen, Marlene Brimeyer, Elaine and
Raymond Backes, Eileen and Douglas Coates, Mary Jo and Roger Zalaznik, Mary Jean and Steve
Reding, Margaret Burns, Kimberly A. Schmitz Van Dee, Ron and Mary Breitbach, Paul and Vicki
Breitbach in opposition to the proposed rezoning; Petition requesting that the request of John and
Sally Jo Herrig to rezone property south of Derby Grange Road be referred back to the Zoning
Advisory Commission and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Derby
Grange Road from County A1 Agricultural to City AG Agricultural District, R-2 Two-Family Residential
District and C-3 General Commercial District, concurrent with annexation to the City of Dubuque,
presented and read.
John Herrig, 13668 Surrey Lane, spoke in support of the rezoning request and explained that he
had met with the surrounding residents of the area and felt there was a good dialogue. He stated he
had agreed to the R-2 classification versus the R-3 that was originally requested; however, he was
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. still requesting the C-3 zoning for a small portion of the area. He distributed an agreement he was
willing to execute which would disallow salvage yards, warehousing, mini-storage or auto body repair
in the C-3 area.
Ron Breitbach, 13233 Derby Grange Road, stated that a list of concerns had been provided to Mr.
Herrig and that the neighbors in opposition to the proposed rezoning had offered a compromise of
accepting the commercial rezoning if it was located directly next to Wendell Corey's land. He
explained that Mr. Herrig had not agreed to this.
After discussion, Michalski moved to receive and file the various communications and give first
consideration and reading to the Ordinance, as proposed by Mr. Herrig with the C-3 classification.
Seconded by Cline. Motion carried 6-1 with Braig voting Nay.
Requests for Voluntary Annexation (Tabled on June 19, 2006): The following items were left on the
table with no action taken at this meeting.
John and Sally Jo Herrig - Proof of publication on notice of hearing to consider a request from John
and Sally Jo Herrig to voluntarily annex to the City of Dubuque contingent on approval of the zoning
and the annexation agreement; Dean and Patricia Butler - Proof of publication on notice of hearing
to consider a request from Dean and Patricia Butler to voluntarily annex to the City of Dubuque
contingent on approval of the zoning and the annexation agreement, City Manager recommending
approval of the three voluntary annexation requests and submitting the signed annexation
agreements for the three properties, a Resolution approving application for voluntary annexation of
territory owned by John W. and Sally Jo Herrig, and a Resolution approving application for voluntary
annexation of territory owned by Dean and Patricia Butler.
Amendment to Development Agreement - North Grandview Estates: City Manager recommending
approval of an amendment to the existing development agreement for the North Grandview Estates
housing subdivision, upon motion received and filed and approved recommendation.
North Grandview Estates - Final Plat: Zoning Advisory Commission recommending approval of the
final plat of North Grandview Estates, upon motion received and filed. Connors moved adoption of
Resolution No. 308-06 Approving the final plat of North Grandview Estates No. 2 in the City of
Dubuque. Seconded by Braig. Motion carried 7-0.
Fiscal Year 2007 Special Projects Arts and Culture Grants: Arts and Cultural Affairs Advisory
Commission recommending the award of six Special Projects Arts and Culture Grants for Fiscal Year
2007, upon motion received and filed and approved recommendation.
Acceptance of Quit Claim Deed: City Manager recommending approval of the acceptance of a Quit
Claim Deed from the General Services Administration (GSA) for the Federal Building to the City of
Dubuque, upon motion received and filed. Lynch moved adoption of Resolution No. 309-06
accepting a conveyance of the United States Post Office and Courthouse (Federal Building).
Seconded by Connors. Motion carried 7-0.
Demolition by Neglect: Communication from the Historic Preservation Commission recommending
approval of an ordinance extending Demolition by Neglect to conservation districts and to extend
eligibility for the Historic Preservation Revolving Loan Fund to conservation districts, upon motion
received and filed.
Ordinance No. 53-06 Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of
Ordinances by amending Section 11-4 Demolition Permits in Conservation Districts to prohibit
demolition by neglect, presented and read. Michalski moved that the requirement that a proposed
Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at
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which it is to be finally passed be suspended. Seconded by Connors. Motion carried 7-0.
Michalski moved final consideration and passage of the Ordinance. Seconded by Braig. Motion
carried 7-0.
Code of Ordinances Chapter 34 - Parks and Recreation: City Manager recommending adoption of
a revised Chapter 34 of the City of Dubuque Code of Ordinances pertaining to parks and recreation,
upon motion received and filed. Ordinance No. 54-06 Of the City of Dubuque, Iowa providing that
the Code of Ordinances, City of Dubuque, Iowa, be amended by repealing Chapter 34 thereof and
enacting a new Chapter 34 Parks and Recreation, 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
Connors. Motion carried 7-0.
Sanitary Sewer at Training Center: City Manager recommending that the City provide additional
financial support for the joint City/County Fire Training Center Project in the amount of $25,000 to
hook up to the sanitary sewer, upon motion received and filed and approved recommendation.
Greater Dubuque Development Corporation: Communication from the Greater Dubuque
Development Corporation requesting appointments to the Greater Dubuque Development
Corporation Board of Directors, upon motion received and filed and affirmed that the Mayor, City
Manager, and Economic Development Director would continue to serve and reappointed City Council
Members Joyce Connors and Patricia Cline.
Dubuque Museum of Art: City Manager Van Milligen stated that Consent Item #18 should have
been an Action Item as John Schmidt, President of Dubuque Bank and Trust, was present to discuss
the request with the City Council. Cline moved to reconsider the previous action taken with regard to
the request of the Dubuque Museum of Art. Seconded by Michalski. Motion carried 7-0. Mr.
Schmidt spoke clarifying the requested action and stated that they were requesting that the loan be
forgiven entirely or that it be amortized an additional five years over the life of the loan. Michalski
requested additional information and asked that the Council be provided the Museum annual
financial report. Upon motion action on this item was tabled to the next meeting.
COUNCIL MEMBER REPORTS
Michalski stated she represented the City on June 24, 2006 and received a Certificate of
Recognition for "Rediscover Downtown." Cline mentioned the crowd control at the recent Alice
Cooper concert was impressive. Braig stated that there was a good film on global warming at the
National Mississippi River Museum. She also mentioned that the United States has not signed the
Kyoto Agreement and requested the staff to look into that and perhaps refer to the City's
Environmental Stewardship Advisory Commission. Mayor Buol thanked all for the fireworks display.
There being no further business, upon motion meeting adjourned at 8:51 P.M.
/ld4~~~
U~'ne F. Schneider, CMC
City Clerk
1t 7/14
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