Minutes City Council 10 2 06
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council Meeting, Regular Session, October 2, 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, 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 Reverend Jerry E. Oakland, Pastor of St. Luke's United Methodist
Church
Proclamations: Arts and Humanities Month (October, 2006) received by Sue Riedel and John
Woodin; Make a Will Month (October, 2006) received by Nancy Van Milligen, Dave Schmidt and
Ric Jones; Week without Violence (October 15 - 21, 2006) received by Toby Wisecup and Sister
Charla Bulko; Trick or Treat Night (October 31, 2006); and Energy Star "Change a Light" Day
received by Mark Henning
CONSENT ITEMS
Minutes and Reports Submitted: Cable TV Regulatory Commission of 7/12; Cable TV
Teleprogramming Commission of 8/8; City Council of 9/18; Civil Service Commission of 8/16 and
9/1; Enterprise Zone Commission of 9/18; Environmental Stewardship Advisory Commission of
9/5; Historic Preservation Commission of 9/21; Housing Commission of 8/22; Human Rights
Commission of 8/14; Transit Board of Trustees of 9/14; Zoning Board of Adjustment of 8/24, upon
motion received and filed.
Proofs of publication of City Council Proceedings of 8/21, 8/29, 8/30, and 9/5, upon motion
received and filed.
Notice of Claims/Suits: Karen Brokus for personal injury; Lisa Fuller for property damage; Linda
L. and Zachary D. Lanham for property damage; Ferd A. Nesler vs. City of Dubuque for vehicle
damage; Patricia A. Ralston for personal injury; Karia Riedl (Progressive Insurance - Ashley
Wilkeson) for personal injury, 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: Karen Brokus for personal injury,
Lisa Fuller for property damage, Linda and Zachary D. Lanham for property damage; Patricia A.
Ralston for personal injury, and Karia Riedl (Progressive Insurance - Ashley Wilkeson) for
personal injury, upon motion received and filed and concurred.
Civil Service Commission: Civil Service Commission submitting the certified list for the positions
of Account Clerk I, Firefighter, and Transit Dispatcher/Scheduler, upon motion received and filed
and made a matter of record.
1
Five Flags Arena Fall Protection Project: City Manager recommending acceptance of the Five
Flags Arena Fall Protection Project as completed by Hy-Safe Technology in the final contract
amount of $85,573, upon motion received and filed. Cline moved adoption of Resolution No. 457-
06 Accepting improvement and Resolution No. 458-06 Approving final estimate. Seconded by
Jones. Motion carried 7-0.
Purchase of Property at 2104 Kniest Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2104 Kniest Street as part of the acquisition program
associated with the Bee Branch Creek Restoration Project, upon motion received and filed. Cline
moved adoption of Resolution No. 459-06 Approving the acquisition of real estate located at 2104
Kniest Street in the City of Dubuque. Seconded by Jones. Motion carried 7-0.
Purchase of Property at 2307 Prince Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2307 Prince Street as part of the acquisition program
associated with the Bee Branch Creek Restoration Project, upon motion received and filed. Cline
moved adoption of Resolution No. 460-06 Approving the acquisition of real estate located at 2307
Prince Street in the City of Dubuque. Seconded by Jones. Motion carried 7-0.
Purchase of Property at 2305 Prince Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2305 Prince Street as part of the acquisition program
associated with the Bee Branch Creek Restoration Project, upon motion received and filed. Cline
moved adoption of Resolution No. 461-06 Approving the acquisition of real estate located at 2305
Prince Street in the City of Dubuque. Seconded by Jones. Motion carried 7-0.
Main Street Challenge Grant - Step by Step: City Manager recommending approval of a letter of
support for Dubuque Main Street, Ltd. funding of Step by Step, upon motion received and filed and
approved letter of support.
Human Rights Commission: Communication from James L. Jarrard, Chair of the Human Rights
Commission, thanking the City Council for supporting the Human Rights Commission accessibility
goal, upon motion received and filed.
Health Choices Administrative Services Fee: City Manager recommending approval of the
administrative services fee presented by Health Choices for the City's health insurance plan
effective July 1, 2006 through June 30, 2008, upon motion received and filed and approved
recommendation.
Airport Commission: Communication from Eric R. Savage thanking the City Council for the
opportunity to apply for the Dubuque Airport Commission, upon motion received and filed.
Flexsteel Drainage Improvement Agreement: City Manager recommending approval of a
modification to the terms for the operation and maintenance agreement for the Flexsteel flood
contract system established in 1992 between Flexsteellndustries, DUbuque County, and the City
of Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 462-06
Approving the Second Amendment to the Flexsteel Drainage Improvement Agreement. Seconded
by Jones. Motion carried 7-0.
Acceptance of Warranty Deed: City Manager recommending approval of the acceptance of a
warranty deed from Dubuque Bank and Trust for construction of an additional eastbound lane on
Asbury Road west of the Northwest Arterial, upon motion received and filed. Cline moved
2
adoption of Resolution No. 463-06 Accepting a conveyance of property (Lot A of Lot 1 of Holliday
Addition in the City of Dubuque, Dubuque County, Iowa). Seconded by Jones. Motion carried 7-
O.
West 32nd Street Detention Pond - Acceptance of Warranty Deeds: City Manager
recommending approval of the acceptance of two warranty deeds for purchases necessary for the
improvements to the West 32nd Street Detention Pond, upon motion received and filed. Cline
moved adoption of Resolution No. 464-06 Accepting a conveyance of property (Lot 2 of Gillespie's
Third Addition in the City of Dubuque, Dubuque County, Iowa) and Resolution No. 465-06
Accepting a conveyance of property (Lot A of Lot B of Sullivan's Second Addition in the City of
Dubuque, Dubuque County, Iowa). Seconded by Jones. Motion carried 7-0.
University Avenue Reconstruction Project: City Manager recommending approval of the final
schedule of assessments for the University Avenue Reconstruction project, upon motion received
and filed. Cline moved adoption of Resolution No. 466-06 Adopting the final assessment schedule
for the University Avenue Reconstruction Project from Delhi to Alta Vista and the University
Avenue Patching Project from Alta Vista to Spruce Street including certain information required by
the Code of Iowa, specifically, the number of annual installments into which assessments are
divided, the interest on all unpaid installments, the time when the assessments are payable and
directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Jones.
Motion carried 7-0.
Resolution of Support - Dubuque County Friends of Extension: Jones moved adoption of
Resolution No. 467-06 Of support for Public Measure D. Seconded by Michalski. Motion carried 7-
O.
Community Economic Betterment Account Application (CEBA): City Manager recommending
approval to submit a Community Economic Betterment Account (CEBA) program application to the
Iowa Department of Economic Development on behalf of Cottingham and Butler, Inc., upon motion
received and filed. Cline moved adoption of Resolution No. 468-06 Authorizing the filing of a
Community Economic Betterment Account (CEBA) Application on behalf of Cottingham and
Butler, Inc. Seconded by Jones. Motion carried 7-0.
Dubuque Screw Products, Inc.: City Manager recommending approval of the Assignment of Right
to Purchase Property Under Development Agreement from Dubuque Screw Products, Inc. to
Michael R. Scherr, President of Dubuque Screw Products, Inc., upon motion received and filed
and approved recommendation.
Request to Purchase Property: Communication from Joseph J. Bitter, representing Roger Kunde
and North End Wrecking, Inc., requesting to purchase a portion of City-owned property located
adjacent to North End Wrecking, upon motion received and filed and referred to the City Manager.
Communication from Jay and JoAnn Roussel requesting to purchase the City-owned alley on
Lois Street, upon motion received and filed and referred to the City Manager.
National Incident Management System (NIMS): City Manager recommending approval of the
City's compliancy with the National Incident Management System (NIMS), upon motion received
and filed. Cline moved adoption of Resolution No. 469-06 Adopting a National Incident
Management System Policy for the City of Dubuque. Seconded by Jones. Motion carried 7-0.
3
Rotary Club of Dubuque: Application of the Rotary Club of Dubuque to transfer their liquor
license from the Grand Opera House at 135 West 8th Street to 1000 Jackson Street on October
14, 2006, upon motion received and filed and approved transfer.
Business License Refund: Request of Marsha Saunders, The Water Hole, for a refund of her
liquor license in the amount of $633.75, upon motion received and filed and approved refund.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Cedar Street and Dog
Track Lift Station Improvements Project, upon motion received and filed.
Signed Contracts: Postage Machine Lease Agreement; Weather Monitoring, Forecasting and
Notification Service Contract; and 800 MHZ Radio Agreement, upon motion received and filed.
Business Licenses: Cline moved adoption of Resolution No. 470-06 Granting the issuance of a
Class "C" Beer Permit to Aldi #30, 5-Point Mart and Puff n Snuff and Resolution No. 471-06
Granting the issuance of a Class "C" Beer/Liquor License to Clarke College; Special Class "C"
Liquor License to Grape Harbor, and a Class "B" Wine Permit to Aldi #30. Seconded by Jones.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition - River Front Subdivision No.3: City Manager recommending that a public
hearing be set for October 16, 2006 to consider a request from Airgas North Central, Inc. (Airgas)
to vacate a portion of Kerper Boulevard that abuts the existing Airgas facility at 2240 Kerper
Boulevard, upon motion received and filed. Cline moved adoption of Resolution No. 472-06 Of
intent to vacate and dispose of City interest in Lot 1A, Block 6, River Front Subdivision No.3 in the
City of Dubuque, Dubuque County, Iowa and set this for public hearing on 10/16/06 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 Braig. Motion carried 7-0.
Crescent Community Health Center Parking Lot Construction Project: City Manager
recommending initiation of the public bidding process for the Community Health Center Parking
Lot Construction Project and setting a public hearing for November 6, 2006, upon motion received
and filed. Cline moved adoption of Resolution No. 473-06 Preliminary approval of plans and
specifications; Resolution No. 474-06 Setting date of hearing on plans and specifications for
10/16/06 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. 475-06 Ordering bids.
Seconded by Braig. Motion carried 7-0.
Villa Street Retaining Wall - Ornamental Railing Project: City Manager recommending initiation
of the public bidding process for the Villa Street Retaining Wall - Ornamental Railing Project and
setting a public hearing for November 6, 2006, upon motion received and filed. Cline moved
adoption of Resolution No. 476-06 Preliminary approval of plans and specifications; Resolution
No. 477-06 Setting date of hearing on plans and specifications for 11/6/06 at 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. 478-06 Ordering bids. Seconded by Braig.
Motion carried 7-0.
Eagle Point Bluff Scaling and Tree Removal Project: City Manager recommending initiation of
the public bidding process for the Eagle Point Bluff Scaling and Tree Removal Project and setting
4
a public hearing for November 6, 2006, upon motion received and filed. Cline moved adoption of
Resolution No. 479-06 Preliminary approval of plans and specifications; Resolution No. 480-06
Setting date of hearing on plans and specifications for 11/6/06 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. 481-06 Ordering bids. Seconded by Braig. Motion carried
7-0.
US 20 (Devon Drive to Menards) Capacity Improvements Project: City Manager recommending
initiation of the public bidding process for the US 20 (Devon Drive to Menards) Capacity
Improvements Project and that a public hearing be set for November 6, 2006, upon motion
received and filed. Cline moved adoption of Resolution No. 482-06 Preliminary approval of plans
and specifications; Resolution No. 483-06 Setting date of hearing on plans and specifications for
11/6/06 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. 484-06 Ordering bids.
Seconded by Braig. Motion carried 7-0.
City Hall - First Floor Restroom Remodel Project: City Manager recommending initiation of the
public bidding process for the City Hall - First Floor Restroom Remodel Project and setting a
public hearing for November 6, 2006, upon motion received and filed. Cline moved adoption of
Resolution No. 485-06 Preliminary approval of plans and specifications; Resolution No. 486-06
Setting date of hearing on plans and specifications for 11/6/06 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. 487-06 Ordering bids. Seconded by Braig. Motion carried
7-0.
Schmitt Memorial Concrete Project: City Manager recommending initiation of the public bidding
process for the Schmitt Memorial Concrete Project and setting a public hearing for November 6,
2006, upon motion received and filed. Cline moved adoption of Resolution No. 488-06
Preliminary approval of plans and specifications; Resolution No. 489-06 Setting date of hearing on
plans and specifications for 11/6/06 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. 490-06 Ordering bids. Seconded by Braig. Motion carried 7-0.
University Avenue Embankment Stabilization Project: City Manager recommending initiation of
the public bidding process for the University Avenue Embankment Stabilization Project and setting
a public hearing for November 6, 2006, upon motion received and filed. Cline moved adoption of
Resolution No. 491-06 Preliminary approval of plans and specifications; Resolution No. 492-06
Setting date of hearing on plans and specifications for 11/6/06 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. 493-06 Ordering bids. Seconded by Braig. Motion carried
7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Cable TV Teleprogramming Commission (Three 3-year terms through 6/30/09 - Term of Tigges
and two vacancies) Applicant: Jennifer Tigges No one spoke.
PUBLIC HEARINGS
5
Upon motion the rules were suspended to allow anyone present to address the Council.
Fiscal Year 2007 Budget Amendment: Proof of publication on notice of hearing to consider the
first amendment to the Fiscal Year 2007 budget and City Manager recommending approval, upon
motion received and filed. Cline moved adoption of Resolution No. 494-06 Amending the current
budget for the Fiscal Year ending June 30, 2006. Seconded by Connors. Motion carried 7-0.
Eagle Point Park Roofing Projects: Proof of publication on notice of hearing on the adoption of
the plans and specifications for the Eagle Point Park Roofing Projects and City Manager
recommending award of the contract to Kluck Construction, Inc. in the amount of $41,170, upon
motion received and filed. Cline moved adoption of Resolution No. 495-06 Adopting plans and
specifications; Resolution No. 496-06 Awarding contract; and Resolution No. 497-06 Approving
construction contract with Kluck Construction, Inc. for the Eagle Point Park Roofing Projects.
Seconded by Lynch. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Council Chambers: City Manager requesting that the Mayor and two City Council Members
serve on the committee that will deal with the specific design criteria for the Council Chambers in
the Federal Building, upon motion received and filed and approved request, naming Council
Members Michalski and Cline as the Council representatives to this Committee.
Code of Ordinances Revisions: City Manager recommending approval of proposed changes to
Chapter 31 - Licenses and Miscellaneous Regulations and Chapter 35 - Peddlers and Transient
Merchants of the City of Dubuque Code of Ordinances, upon motion received and filed and
approved recommendation.
COUNCIL MEMBER'S REPORTS
Michalski shared positive specifics of the recent Iowa League Meeting at Coralville. Buol stated
the Panel of Mayors at the Energy Council was a good program. Next week Dubuque hosts the
Iowa Association of Solid Waste Conference.
At 7:22 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)U) 2005 Code of Iowa.
At 8:43 P.M. Council reconvened Regular Session stating staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:44 P.M.
1t 10/11
/; .~."~"" "") )
/j;/?,~,Y..(/,~:;/~..~~<"Y/d;/../
{// Jeanne F. Schneider, CMC
.. City Clerk
6