Minutes City Council Proceedings 2 5 07CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
City Council Special Session, February 5, 2007
Council met in Special Session at 5:30 p.m.
Present: Mayor Pro Tem Karla Braig; Council Members Pat Cline, Joyce Connors, Ric Jones,
Kevin Lynch, Ann Michalski; City Manager Michael Van Milligen, City Attorney Barry Lindahl
Absent at Roll Call: Mayor Roy D. Buol entered at 5:40 p.m.
Mayor Pro Tem Braig read the call and stated this is a special session of the City Council
called for the purpose of discussing the 2005-2008 Convention and Visitors Bureau Planning
Process and Business Plan.
There being no further business, upon motion the meeting adjourned at 6:16 p.m.
/s/ Jeanne F. Schneider
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
City Council Regular Session, February 5, 2007
Council met at 6:30 p.m. in the Library Auditorium
Present: Mayor Roy D. Buol; Council Members Karla Braig, Pat Cline, Joyce Connors, Ric
Jones, Kevin Lynch, Ann Michalski; City Manager Michael Van Milligen, City Attorney Barry
Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called for the
purpose of discussing matters which may properly come before the Council.
Invocation was given by Chaplain David Pacholke, United Methodist Affiliation -Finley
Hospital
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 12/11; Cable TV Regulatory
Commission of 11/08; Cable TV Teleprogramming Commission of 12/11; City Council of 1/16
and 1/29; Civil Service Commission of 1/9; Electrical Code Board of 1/22; Historic Preservation
Commission of 1/18; Housing Commission of 11/28; Housing Commission Trust Fund
Committee of 1/29; Human Rights Commission of 11/13; Investment Oversight Advisory
Commission of 1/24; Library Board of 12/14; Long Range Planning Advisory Commission of
1/17; Mechanical Board of 1/23; Park and Recreation Commission of 1/9; Zoning Board of
Adjustment of 1/25, upon motion received and filed.
Investment Oversight Commission submitting the 55th quarterly report, upon motion received
and filed.
Proofs of publication of City Council Proceedings of November 20, December 11, December
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19, 2006, January 3, and January 16, 2007 and List of Claims and Summary of Revenues for
Month Ending December 31, 2006, upon motion received and filed.
Notice of Claims/Suits: Thomas J. Kehoe for vehicle damage; Mortgage Electronic
Registration Systems, Inc. vs. City of Dubuque Housing and Community Development
Department, et al; Matthew Smothers for vehicle damage; Lary L. Williams 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: Justin Apel for vehicle
damage; Thomas Kehoe for vehicle damage; Harold O. Miller for vehicle damage; Matthew
Smothers for vehicle damage; Lary L. Williams for vehicle damage, upon motion received and
filed and concurred.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that The Durrant Group, Inc. has been awarded IDED
financial assistance for their project in the Port of Dubuque, upon motion received and filed.
Electrical Code Board: Communication from Steve Neyens, Secretary to the Electrical Code
Board, advising that David Pregler has submitted his resignation from the Board, upon motion
received and filed.
St. Mark Community Center: Communication from Sister Inez Turnmeyer and Sandi
Helgerson, Saint Mark Community Center, requesting City support for after-school programs at
three locations in the Fiscal Year 2008 budget, upon motion received and filed and referred to
the City Manager.
Iowa League of Cities: Communication from the Iowa League of Cities inviting the City to bid
on the 2011 Iowa League of Cities Annual Conference and Exhibit, upon motion received and
filed and referred to the City Manager.
Motion for Rehearing: City Attorney advising that the Supreme Court has denied the Petition
for Rehearing in the Sutton vs. Dubuque City Council case, upon motion received and filed.
Four Mounds Foundation: Communication from Christine Happ Olson, Executive Director of
the Four Mounds Foundation, congratulating the City on the award from the AIA that allows the
City to engage in the Green Sustainable Design Assessment Team study and requesting that
Four Mounds be involved in the planning process and that their site be utilized as a
demonstration model, upon motion received and filed and referred to the City Manager.
Dubuque Metropolitan Area Solid Waste Agency: Communication from Chuck Goddard,
Dubuque Metropolitan Area Solid Waste Agency Administrator, submitting the Agency's Fiscal
Year 2008 budget and fee schedule, upon motion received and filed.
Vision Iowa: Communication from Andrew Anderson, Vision Iowa Board Chairman,
submitting the Vision Iowa Status Report, upon motion received and filed.
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City of Webster City: Communication from Ed Sadler, City Manager of Webster City, Iowa,
requesting that the City of Dubuque send a letter to area legislators urging their commitment to
complete Highway 20 as a four-lane highway across the State of Iowa, upon motion received
and filed.
Citizen Communication: Communication from D. Michael O'Meara requesting that the City
identify and name city streets in honor of those war dead of the Vietnam-era conflict, upon
motion received and filed.
Purchase of Property - 509 East 22"d Street: City Manager recommending that the City
purchase a residential dwelling located at 509 East 22"d Street as part of the acquisition
program associated with the Bee Branch Creek Restoration Project, upon motion received and
filed. Michalski moved to adopt Resolution No. 40-07, Approving the acquisition of real estate
located at 509 East 22"d Street in the City of Dubuque. Seconded by Connors. Motion carried
7-0.
Purchase of Property - 505 Rhomberg Avenue: City Manager recommending that the City
purchase a residential dwelling located at 505 Rhomberg Avenue as part of the acquisition
program associated with the Bee Branch Creek Restoration Project, upon motion received and
filed. Michalski moved to adopt Resolution No. 41-07 Approving the acquisition of real estate
located at 505 Rhomberg Avenue in the City of Dubuque. Seconded by Connors. Motion
carried 7-0.
Eagle Point Park Concrete Replacement Projects: City Manager recommending acceptance
of the Eagle Point Park Concrete Replacement Projects as completed by Kluck Construction in
the final contract amount of $91,312.75, upon motion received and filed. Michalski moved to
adopt Resolution No. 42-07 Accepting improvement and Resolution No. 43-07 Approving final
estimate. Seconded by Connors. Motion carried 7-0.
Five Flags Bleacher Replacement Project: City Manager recommending acceptance of the
Five Flags Bleacher Replacement Project as completed by Iowa Direct Equipment and
Appraisal L.C. in the final contract amount of $354,950, upon motion received and filed.
Michalski moved to adopt Resolution No. 44-07 Accepting improvement and Resolution No.
45-07 Approving final estimate. Seconded by Connors. Motion carried 7-0.
Alta Vista/Carlotta Streets Reconstruction Project: City Manager recommending acceptance
of the Alta Vista/Carlotta Streets Reconstruction Project as completed by Portzen Construction,
Inc., in the final contract amount of $802,249.02 and approval of the final schedule of
assessments, upon motion received and filed. Michalski moved to adopt Resolution No. 47-07
Accepting the Alta Vista -Carlotta Streets Reconstruction Project, Resolution No. 48-07
Approving final estimate, and Resolution No. 49-07 Adopting the final assessment schedule for
the Alta Vista -Carlotta Streets Reconstruction Project 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
Connors. Motion carried 7-0.
Bonson Road Reconstruction Project: City Manager recommending acceptance of the
Bonson Road Reconstruction Project as completed by Horsfield Construction, Inc., in the final
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contract amount of $542,647.00 and approval of the final schedule of assessments, upon
motion received and filed. Michalski moved to adopt Resolution No. 50-07 Accepting the
Bonson Road Reconstruction Project, Resolution No. 51-07 Approving final estimate, and
Resolution No. 52-07 Adopting the final assessment schedule for the Bonson Road
Reconstruction Project 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 Connors. Motion carried
7-0.
GPS Rover Vehicle Purchase: City Manager recommending approval to purchase a
Geographic Position System (GPS) Rover from Eagle Point, Inc. in the amount of $19,920,
upon motion received, filed, and approved.
Seneca Monitoring Well Installation: City Manager recommending approval of a License
Agreement with Seneca Environmental Services to re-install a monitoring well in the City alley
right-of-way east of 500 Locust Street, upon motion received and filed. Michalski moved to
adopt Resolution No. 53-07 Authorizing License Agreement between the City of Dubuque and
Seneca Environmental Services. Seconded by Connors. Motion carried 7-0
Amendment to First Transit Contract: Communication from Dave Baker requesting that this
item be tabled at the February 5, 2007, City Council meeting. City Manager recommending
approval of an amendment to the contract with First Transit to expand their team in Dubuque
from one to two positions to fill the vacant Transportation Clerk position, upon motion received,
filed and tabled until February 20, 2007.
Lease Amendment for "Dubuque by Carriage": City Manager recommending approval of the
Sixth Amendment to the lease agreement with Carole Lindstrom of "Dubuque by Carriage" to
extend the original lease of the former Dock Board building for an additional two years, upon
motion received, filed, and approved.
Cottingham and Butler CEBAAgreement: City Manager recommending approval of an
amendment to the Community Economic Betterment Account (CEBA) Agreement with the Iowa
Department of Economic Development and Cottingham and Butler Insurance Service which
extends the project completion date by one year, upon motion received and filed. Michalski
moved to adopt Resolution No. 54-07 Authorizing the approval of an amendment to the CEBA
Agreement with Cottingham & Butler Insurance Service. Seconded by Connors. Motion
carried 7-0.
Unified Development Code Bluffland Advisory Committee: City Manager recommending City
Council confirmation of the addition of Jim Gonyier, Co-Director of Transportation and Planning at
ECIA (East Central Intergovernmental Association) to the Unified Development Code Bluffland
Advisory Committee, upon motion received, filed, and approved.
Shot Tower Archeological Survey: City Manager recommending approval of a Memorandum
of Agreement (MOA) between the National Parks Service (NPS), State Historical Society of
Iowa (SHSI), and the City of Dubuque for the Shot Tower Archeological Investigation, upon
motion received and filed. Michalski moved to adopt Resolution No. 55-07 Authorizing a
Memorandum of Agreement with the National Park Service and the State Historical Society of
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Iowa for the Shot Tower Archeological Investigation. Seconded by Connors.
Motion carried 7-0.
Historic Preservation Commission: Communication from the Historic Preservation
Commission recommending approval of the nomination of the Star Brewery to the National
Register of Historic Places, upon motion received, filed, and approved.
Legislative Correspondence: Communication to federal legislators urging support efforts to
fund an increase in Health Center funds of at least $181 million; communication to the Science
and Transportation Committee expressing the City's concern over an FCC rule, which sets
severe limitations on local franchising authorities; and communication to local legislators
regarding Iowa Great Places funding, upon motion received and filed.
White Water Creek Bridge Rehabilitation: City Manager recommending approval of an
agreement with the State Historical Society of Iowa (SHSI) fora $55,250 Historic Sites
Preservation Grant (HSPG) for rehabilitation of the White Water Creek Bridge, upon motion
received and filed. Michalski moved to adopt Resolution No. 56-07 Authorizing an agreement
for the Historic Sites Preservation Grant Program for the White Water Creek Bridge.
Seconded by Connors. Motion carried 7-0.
Water Pollution Control Plant Facility Plan: City Manager recommending approval of the
issuance of a Request for Proposals for the Water Pollution Control Plant Facility Plan, upon
motion received, filed, and approved.
PEG Access Capital Grant Expenditure: City Manager recommending approval of the
recommendation from the Cable TV Teleprogramming Commission to approve three requests
for funding from the Capital Grant for Access Equipment and Facilities, upon motion received,
filed, and approved.
Quarterly Investment Report: City Manager submitting the December 31, 2006, Quarterly
Investment Report, upon motion received and filed.
Substance Abuse Services Center: Diane K. Thomas, Executive Director of Substance
Abuse Services Center, submitting the Second Quarter Report for Fiscal Year 2007, upon
motion received and filed.
Mediacom Cultural Affairs Charitable Foundation of Dubuque, Inc.: Communication from
Kathleen McMullen, Mediacom Area Manager, requesting appointments to the Mediacom
Cultural Affairs Charitable Foundation of Dubuque, Inc., upon motion received, filed, and
referred to City Manager.
Miller-Riverview Park Expansion: City Manager recommending approval to enter into a
service agreement with IIW Engineers and Surveyors in the amount of $41,007.50 to study
expansion of Miller-Riverview Park, upon motion received, filed, and approved.
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Governor's Traffic Safety Grant: City Manager recommending approval to seek an Iowa
Governor's Traffic Safety special grant opportunity in the amount of $24,430, for the period
April 1, 2007 through September 30, 2007, to supply 200 hours of traffic safety reimbursement
overtime funds and to fund the purchase of five in-car video systems, upon motion received,
filed, and approved.
Asbury Plaza Business Park First Addition: Communication from Wendell W. Corey, Motor
City LLC, requesting a one hundred eighty day (180) extension for the Asbury Plaza Business
Park First Addition, upon motion received, filed, and referred to City Manager.
Telecommunications Carrier Recommendation: City Manager recommending approval of the
selection of Qwest Choice for analog connections, McLeod for PRI and long distance services,
and Lightedge for Internet services, upon motion received, filed, and approved.
Historic Preservation Revolving Loan Fund: City Manager recommending approval of the
expansion of the Historic Preservation Revolving Loan Fund to the Old Main Historic District
and to individually designated historic properties that lie outside the City's historic districts; and
communication from Terry L. Mozena, Premier Bank, requesting that the City Council approval
the expansion of the Historic Preservation Revolving Loan Fund to include the Old Main
Historic District, upon motion received, filed, and approved.
Labor-Management Relations Funding: Communication to Governor Chet Culver requesting
his support to reinstate efforts to bring about labor-management cooperation throughout the
State of Iowa, upon motion received and filed.
Signed Contracts: #1 -Eagle Point Concrete Replacement Project -Change Order; #2 -
Door Relocation Project -Second Floor Engineering Offices Contract; #3 -Dubuque Federal
Building Rehabilitation Project -Asbestos and Lead Inspection Contract; #4 -Water Treatment
Plant South Plant Chamber Wall Sealant Project; #5 -Water Treatment Plant Pump Room
Pipe Painting Project; #6 -Dubuque Industrial Center West 3`d Addition -Sanitary Sewer
Construction across Middle Road Contract, upon motion received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted, upon motion received and filed. Michalski moved to adopt Resolution 57-07
Granting the issuance of a Class "C" Beer Permit to Oky Doky #8, Lee's 76 West Locust Mart,
Awn Stop Mart and Hartig Drug and Resolution No. 58-07 Granting the issuance of a Class "C"
Beer/Liquor License to Tony's Place, Bootleggers Pub, Goetz's, and Pusateri's; and a Class
"B" Wine Permit to Hartig Drug Company and Oky Doky #8. Seconded by Connors. Motion
carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Union Street -Request to Vacate: City Manager recommending that a public hearing be set
for February 20, 2007 to consider a request from David L. Clemens, representing Robert
McClain, to vacate and purchase a portion of Union Street south of Rush Street, upon motion
received and filed. Lynch moved to adopt Resolution No.59-07 Intent to vacate and dispose of
City interest in Lot 209A of Union Addition in the City of Dubuque, Dubuque County, Iowa, and
providing for the publication of Notice thereof and set public hearing for 2/20/07 at a meeting to
commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish
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notice in the manner prescribed by law. Seconded by Braig. Motion carried 7-0.
Eagle Point Park Fee Collector's Building: City Manager recommending initiation of the public
bidding process for the Eagle Point Park Fee Collector's Building Project and that a public
hearing on adoption of the plans and specifications be set for March 19, 2007, upon motion
received and filed. Lynch moved to adopt Resolution No. 60-07 Preliminary approval of plans
and specs, Resolution No. 61-07 Setting date of hearing on plans and specs, and Resolution
No. 62-07 Ordering bids, and providing for the publication of Notice thereof and set public
hearing for 3/19/07 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.
BOARDS/COMMISSIONS
Applicants were invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Community Development Advisory Commission (Two At-Large terms -terms of Giesen,
Maloy; one Housing Commission Representative term -vacant and one Low/Moderate
Income term all through February 2010). Applicant Paula Maloy, SVM.
Plumbing Board (Three 3-year terms through November 2009 -terms of Harris, Papin, one
vacancy; two 3-year terms through November 2008 -terms of Gonner, Willenborg).
Applicants: Michael Swift, Dan Harris, Harlan Willenborg, Paul Papin, Stanley Gonner.
Michael Swift spoke.
Electrical Code Board (One 3-year term through May 2008 -term of Pregler). Applicant:
Ronald Mueller.
Appointments were made to the following Boards/Commissions: Environmental Stewardship
Advisory Commission (One 3-year term through October 1, 2010 -term of Suarez). Upon
motion applicant Joseph Suarez was appointed to one 3-year term expiring 10/1/10.
Housing Code Appeals Board (Two 3-year terms through January 11, 2009 -terms of Durley
and Swift and three 3-year terms through January 11, 2010 -terms of Schaub, Kinsella and
one vacancy). Upon motion applicants William J. Kinsella, Jim Matheos, and Robert Schaub
were appointed to 3-year terms through 1/11/10.
Transit Board of Trustees (One 3-year unexpired term through July 30, 2008). Upon motion
applicant Sarah Davidson was appointed to a 3-year term expiring 7/30/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Request to Purchase: Proof of publication on notice of hearing to consider a request from
Jason M. Schneider to vacate and purchase a portion of Kelly Lane between Manson Road
and Pego Court and City Manager recommending approval, upon motion received and filed.
Motion by Lynch to adopt Resolution No. 63-07 Approving plat of proposed vacated portion of
Kelly Lane between Manson Road and Pego Court, Resolution No. 64-07 Vacating a portion of
Kelly Lane between Manson Road and Pego Court, and Resolution No. 65-07 Disposing of
City interest in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County,
Iowa, subject to receiving waivers of right to purchase from two adjoining property owners.
Seconded by Connors. Motion carried 7-0.
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Washington Neighborhood Urban Revitalization Area Plan: Proof of publication on notice of
hearing to consider adoption of the Washington Neighborhood Urban Revitalization Area Plan
and City Manager recommending approval, upon motion received and filed.
Ordinance No. 04-07 Repealing the existing Washington Neighborhood Urban Revitalization
Area and establishing the Washington Neighborhood Urban Revitalization Area as an Urban
Revitalization Area pursuant to Chapter 404 of the Code of Iowa, 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 Braig. Motion carried 7-0. Connors moved that this be the final
consideration and adoption of the Ordinance. Seconded by Lynch. Motion carried 7-0.
Eagle Point Rock Bluff Stabilization Project: Communication from Richard Vorwald regarding
the Eagle Point Bluff Scaling and Tree Removal Project. Proof of publication on notice of
hearing regarding the Eagle Point Rock Bluff Stabilization Project and City Manager
recommending rejection of the one bid received, upon motion received and filed. Motion by
Cline to adopt Resolution No. 66-07 Rejecting bids for the Eagle Point Rock Bluff Stabilization
Project. Seconded by Jones. Motion carried 7-0.
Reeder and Lois Street Sanitary Sewer Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications for the Reeder and Lois Street Sanitary
Sewer Project and City Manager recommending award of the contract to WC Stewart
Construction, Inc., in the amount of $42,602.02, upon motion received and filed. Motion by
Connors to adopt Resolution No. 67-07 Adopting plans and specifications, Resolution No. 68-
07 Awarding construction contract for the Reeder and Lois Street Sanitary Sewer Project, and
Resolution 69-07 Approving construction contract with WC Stewart Construction Company for
the Reeder and Lois Street Sanitary Sewer project. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Stone Cliff Winery Project: Request of Bob and Nan Smith, Stone Cliff Winery, to provide a
report on the status of the Stone Cliff Winery project at the Brewery, upon motion received and
filed.
American Institute of Architects: Communication from the American Institute of Architects
advising that the City's application for technical assistance from the American Institute of
Architects' Sustainable Design Assessment Team (SDAT) program has been accepted, upon
motion received and filed.
Port of Dubuque Public Parking Facility Development Agreement: City Manager
recommending approval of the development agreement with Diamond Jo, L.L.C. for the
construction and financing of a public parking ramp in the Port of Dubuque, upon motion
received and filed. Motion by Jones to adopt Resolution No. 70-07 Accepting the proposal
from Diamond Jo, L.L.C. for the financing of the design, construction, and the cost of on-going
operations and maintenance of a public parking facility in the Greater Downtown Urban
Renewal District in the Port Of Dubuque in the City of Dubuque, Iowa and approving the Port
of Dubuque Public Parking Facility Development Agreement between the City of Dubuque,
Iowa and Diamond Jo, L.L.C. Seconded by Connors. Motion carried 7-0.
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Architectural Design Contract for Public Parking Facility in the Port of Dubuque: City Manager
recommending approval of the Architectural Design Contract for the Public Parking Facility in
the Port of Dubuque with The Durrant Group, Inc., upon motion received, filed, and approved.
Five Year Street Construction Program: City Manager recommending approval of the Five
Year (Fiscal Years 2008 - 2012) Street Construction Program, upon motion received and filed.
Motion by Jones to adopt Resolution No. 71-07 Adopting the Five Year Street Construction
Program for Fiscal Years 2008 - 2012. Seconded by Connors. Motion carried 7-0.
Request for Reconsideration -Stewart Construction, Inc. / Wayne Briggs Real Estate along
Old Highway Road: Communication from Brian Kane, representing Messrs. Briggs and
Stewart, requesting reconsideration of the rezoning request approved by City Council on
January 16, 2007, for property located at the southwest corner of Seippel Road and Old
Highway Road, upon motion received and filed. Connors moved to reconsider previous vote
from 1 /16/07. Seconded by Jones. Motion carried 7-0. Jones moved to table to special
meeting date to be determined. Seconded by Braig. Motion carried 7-0.
Kane explained that if the motion to reconsider was approved, it was his clients' intent to
provide topographical maps and drawings, to meet with the neighbors, and to have a special
City Council meeting at the site to explain the project. City Attorney Lindahl advised the
Council that if they were going to be given additional information regarding the rezoning, it was
necessary that this be done in a public meeting.
COUNCIL MEMBER REPORTS
Buol commented on the recent US Conference of Mayors meeting he attended where he
accepted the "Best Community for Young People" award for the City, and he advised that the
Mayors in attendance approved an action agenda for the 110th Congress, and beyond, as
"Strong Cities, Strong Families...for a Strong America."
Michalski congratulated the City Manager and staff on the positive outcome regarding the
routing of the DM&E Railroad through the City of Dubuque.
There being no further business, upon motion the meeting was adjourned at 7:47 p.m.
/s/ Jeanne F. Schneider
City Clerk
1t 2/15
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