Minutes City Council 2/20/05CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
City Council Special Session, February 20, 2007.
Council met in Special Session at 5:06 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 special session of the City Council called for
the purpose of discussing the Municipal Fire and Emergency Service Response and
Deployment Study.
Travis Miller of Matrix Consulting reviewed and offered for discussion the Municipal Fire and
Emergency Service Response and Deployment Study. Matrix Consulting recommends adding
one new fire station near Chavenelle and Radford Roads and relocating Station #5 on
Grandview to the Key West area.
There being no further business, upon motion the meeting adjourned at 6:29 p.m.
/s/ Jeanne F. Schneider
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEED{NGS
City Council Regular Session, February 20, 2007.
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 of the City Council called for
the purpose of discussing matters which may properly come before the Council.
Invocation was given by Father Gabriel Anderson of St. Columbkille's Catholic Church.
Proclamations: Professional Social Work Month (March 2007) received by Allison
Lemmers, 1820 Glendale Ct.; Richard Kautz Day (February 22, 2007) received by Richard
Kautz.
Sandy Reno introduced students from France studying at Divine Word College.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 1/22/07; Arts and Cultural Affairs
Advisory Commission of 11/28/06 and 1/23/07; City Council of 2/5/07; Conference Board of
3/6/06 and 1/1$/07; Housing Commission of 1/23/07; Zoning Board of Adjustment of 2/7/07,
upon motion received and filed.
Proof of publication of City Council Proceedings of January 29, 2007, upon motion received
and filed.
Notice of Claims/Suits: Deutsche Bank National Trust Company vs. City of Dubuque, et al,
Nationwide Advantage Mortgage Company vs. City of Dubuque Housing Services Department,
et al; Jerry and Mary Donath for property damage; Evelyn Tharp for vehicle damage; Joyce
Marie Thurston for vehicle damage, upon motion received, filed, and referred to City Attorney.
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: Evelyn Tharp for
vehicle damage and Joyce Marie Thurston for vehicle damage, upon motion received, filed
and concurred.
Historic Preservation Commission: Communication from Robert McCoy submitting his
resignation from the Historic Preservation Commission, upon motion received and filed.
Fifth Street (Alpine to Delhi Streets) Reconstruction Project: City Manager recommending
acceptance of the Fifth Street (Alpine to Delhi Streets) Reconstruction Project as completed by
Portzen Construction, Inc., in the final contract amount of $1,026,674.20 and approval of the
final schedule of assessments. Cline moved to receive, file, and adopt Resolution No. 72-07
Fifth Street (Alpine to Delhi Streets) reconstruction project, Resolution No. 73-07 Approving
final estimate, and Resolution No. 74-07 Adopting the final assessment schedule for the Fifth
Street (Alpine to Delhi 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.
Silver Oaks Estates: Communication from the Zoning Advisory Commission to the Dubuque
County Zoning Commission urging them to facilitate Royal Oaks Development in obtaining a
secondary emergency access to Silver Oaks Estates Subdivision. Upon motion received, filed,
and approved.
Citizen Communication: Communication from Karl Stieglitz regarding the City's snow
removal policies. Upon motion received, filed, and referred to the City Manager.
National Park Service (NPS) Agreement - Preserve America Grant: City Manager
recommending approval of an agreement with the National Park Service (NPS) for a Preserve
America Grant for the Dubuque History Trail, and a subgrantee agreement with the Dubuque
County Historical Society to provide the local match for the grant. Cline moved to receive, file,
and adopt Resolution No. 75-07 Providing for an agreement with the National Park Service for
Preserve America Funds and a subgrantee Agreement with Dubuque County Historical
Society for Dubuque History Trail. Seconded by Connors. Motion carried 7-0.
Preserve America Grant Application: City Manager recommending approval of a $150,000
Preserve America grant application for expansion of the Mines of Spain Interpretive Exhibit and
Education Program at the E.B. Lyons Interpretive Center. Cline moved to receive, file, and
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adopt Resolution No. 76-07 Providing for an
Preserve America funds for Mines of Spain
Seconded by Connors. Motion carried 7-0.
application to the National Park Service for
Interpretive Exhibit and Education Program.
Financial Advisory Services: City Manager recommending approval of the selection of Public
Financial Management (PFM) to provide financial advisory services to the City of Dubuque in
connection with issuing bonds for future projects and/or bond refundings. Upon motion
received, filed, and approved.
2006 Urban Revitalization Program Applications: City Manager recommending approval of
2006 Urban Revitalization Program applications for residential property tax exemption. Cline
moved to receive, file, and adopt Resolution No. 77-07 Approving residential property tax
exemption applications submitted by property owners in recognized urban revitalization areas
and authorizing the transmittal of the approved applications to the City Assessor. Seconded by
Connors. Motion carried 7-0.
Bunker Hill Golf Course Management Agreement: City Manager recommending approval of
the management agreement with G.M.S., Inc., (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1 through November 30, 2007. Upon motion received,
filed, and approved.
Miller-Riverview Park Management Agreement: City Manager recommending approval of
the management agreement with Pat Felderman for Miller-Riverview Park from April 1 through
November 1, 2007. Upon motion received, filed and approved.
Purchase of Replacement Dump Truck #2702: City Manager recommending approval of the
purchase of a replacement dump truck by the Public Works Department. Cline moved to
receive, file, and adopt Resolution No. 78-07 Approving the purchase of a dump truck to
replace #2702. Seconded by Connors. Motion carried 7-0.
Purchase of Replacement Refuse Collection Vehicle #3406 City Manager recommending
approval of the purchase of a replacement refuse collection vehicle by the Public Works
Department. Cline moved to receive, file, and adopt Resolution No. 79-07 Approving the
purchase of a refuse collection vehicle to replace #3406. Seconded by Connors. Motion
carried 7-0.
Iowa Governor's Traffic Safety Grants: City Manager recommending approval of the
submittal of two Iowa Governor's Traffic Safety Grant applications. 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 two requests for
funding from the Capital Grant for Access Equipment and Facilities. Upon motion received,
filed and approved.
Aerial Orthophotography Project: City Manager recommending approval of the selection of
Aerial Services, Inc., for completion of the Digital Orthophotography and Data Collection
Project. Upon motion received, filed, and approved.
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Dubuque Industrial Center West -Seventh Addition: City Manager recommending approval
of the final plat of Lot 1/Lot 2 of Dubuque Industrial Center West -Seventh Addition. Cline
moved to receive, file, and adopt Resolution No. 80-07 Approving Plat of Survey of Dubuque
Industrial Center West -Seventh Addition. Seconded by Connors. Motion carried 7-0.
Port of Dubuque -Subdivision of Lot: City Manager recommending approval of the
subdivision of a lot in the Port of Dubuque to accommodate the sale of the former Adams
Company building to Port of Dubuque Adams Development, LLC to provide space for the
Durrant Group. Cline moved to receive, file, and adopt Resolution No. 81-07 Approving Plat of
Survey of Lot 1 of 2 and Lot 2 of 2 of Adams Company's 4th Addition in the City of Dubuque,
Iowa; and Resolution No. 82-07 Approving Plat of Survey of Lots 1 and 2 of Adams Company's
4th Addition in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0.
University of Iowa College of Public Health: Communication from the University of Iowa
College of Public Health confirming Public Health Specialist Mary Rose Corrigan's
reappointment to the College of Public Health's Board of Advisors for atwo-year term through
December 2008. Upon motion received and filed.
Visioning Process for Washington Neighborhood -Request for Proposals: City Manager
recommending approval of the issuance of a Request for Proposals (RFP) for professional
consulting services related to the Washington: Revitalize! Initiative. City Manager commented
that the Washington neighborhood residents will be included in the process. Connors moved to
received and file. Seconded by Braig. Motion carried 7-0.
Handan City People's Government: Communication from Zhao Guoling, Mayor of Handan,
China, welcoming Mayor Roy D. Buol to visit Handan. Upon motion received and filed.
Four Mounds Archeological Survey: City Manager recommending approval of a $8,200
grant agreement with the State Historical Society of Iowa for a Fiscal Year 2007 Certified Local
Government (CLG) grant to conduct the Phase I Four Mounds Archeological Investigation at
the Four Mounds Estate and approval of a subgrantee agreement with the Four Mounds
Foundation. Cline moved to receive, file, and adopt Resolution No. 83-07 Authorizing Grant
Agreement for Archeological Investigation at Four Mounds Estate. Seconded by Connors.
Motion carried 7-0.
State Revolving Fund Loan (SRF) for Drinking Water Infrastructure Application: City
Manager recommending approval to apply for State Revolving Loan Funds to fund the Eagle
Point Clear Well Reservoir Rehabilitation Project in place of GO Bond financing. Upon motion
received, filed, and approved.
Lead Hazard Reduction Program: City Manager recommending temporary continuation of
the City's Lead Program even though the City did not receive a continuation of the Federal
grant supporting this program. The Mayor asked that partnership opportunities be explored
with DuPont. Michalski moved to receive, file, and approve. Seconded by Lynch. Motion
carried 7-0.
Iowa Occupational Safety and Health Administration (IOSHA): City Manager recommending
approval of the Expedited Informal Settlement Agreement with Iowa Occupational Safety and
Health Administration (IOSHA). Upon motion received, filed, and approved.
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Homeowner Loan Programs in Washington Neighborhood: City Manager advising of
pending amendments to current Housing Department loan guidelines in order to promote
homeownership in the Washington Neighborhood. Upon motion received and filed.
Signed Contracts: Lease Agreement between the City and Congressman Bruce Braley; Bee
Branch Restoration Project, Phase I Contract; Contract with Arensdorf Construction for 2006 -
2007 Snow Removal. Upon motion received and filed.
Improvement Contracts/Performance, Payment and Maintenance Bonds: Chaplain Schmitt
Memorial Project. Upon motion received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted and approval of the liquor license request of Gin Rickey's, 1447 Central Avenue,
for one year annual license versus the six month license previously approved. Lynch
commended Gin Rickey's on their success. Lynch moved to receive, file, and adopt
Resolution No. 84-07 Granting the issuance of a Class "C" Beer Permit to Molo Oil Company,
Dubuque Discount Gas (4110 Dodge Street) and Dubuque Discount Gas (2175 Central
Avenue), and Resolution No. 85-07 Granting the issuance of a Class "B" Liquor License to BW
Midway Hotel/Hoffman House and Class "C" Beer/Liquor License to Gin Rickey's, Town Clock
Inn, Dubuque Mining Company, Hammerheads Bar and Billiards, Eagles Club and The
Clubhouse. Seconded by Jones. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Loras College -Request to Vacate and Purchase: City Manager recommending that a
public hearing be set for March 5, 2007 to consider a request from Loras College to vacate and
purchase the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to
Vernon Street. Lynch moved to receive, file, and adopt Resolution No. 86-07 Intent to vacate
and dispose of City interest in Lot 30A of Levens' Addition in the City of Dubuque, Dubuque
County, Iowa, and providing for the publication of notice thereof and set public hearing for
3/5/07 at a meeting to commence at 6:30 PM in the public library auditorium and direct the City
Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-
0.
Residential Parking Permit District: City Manager recommending that a public hearing be set
for March 5, 2007 to consider a request to establish a Residential Parking Permit District on
Phyllrich Drive between Keystone Drive and Keymont Drive. Lynch moved to receive, file, and
adopt Resolution No. 87-07 Setting a public hearing on establishing a Residential Parking
Permit District on Phyllrich Drive from Keystone Drive to Keymont Drive, and providing for the
publication of notice thereof and set public hearing for 3/5/07 at a meeting to commence at
6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the
manner prescribed by law. Seconded by Jones. Motion carried 7-0
Finley Home Addition -Request to Purchase: City Manager recommending that a public
hearing be set for March 5, 2007 to consider a request from Dennis Benda, representing The
Finley Hospital, to purchase a portion of Lot 25 of Finley Home Addition. Lynch moved to
receive, file, and adopt Resolution No. 88-07 Intent to vacate and dispose of City interest in Lot
1 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, and providing
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for the publication of notice thereof and set public hearing for 3/5/07 at a meeting to commence
at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the
manner prescribed by law. Seconded by Jones. Motion carried 7-0.
Third Street Water Tower Lease Agreement: City Manager recommending that a public
hearing be set for March 5, 2007 to consider approval of a lease agreement with Iowa
Communications and Technology Commission of the State of Iowa (ICN) for the ICN building
beneath the Third Street water tower. Lynch moved to receive, file, and adopt Resolution No.
89-07 Intent to dispose of an interest in real property by lease with the Iowa Communications
and Technology Commission of the State of Iowa, and providing for the publication of notice
thereof and set public hearing for 3/5/07 at a meeting to commence at 6:30 PM in the public
library auditorium and direct the City Clerk to publish notice in the manner prescribed by law.
Seconded by Jones. Motion carried 7-0.
Federal Building Rehabilitation Project: City Manager recommending initiation of the public
bidding process for the Federal Building Rehabilitation Project and that a public hearing on the
plans and specifications, form of contract and estimated cost be set for March 19, 2007. Lynch
moved to receive, file, and adopt Resolution No. 90-07 Preliminary approval of plans and
specifications, form of contract, and estimated cost for the Federal Building Renovation
Project, Resolution No. 91-07 Setting date of hearing on plans and specifications, form of
contract, and estimated cost for the Federal Building Renovation Project, Resolution No. 92-07
Ordering the advertisement for bids for the Federal Building Renovation Project, and providing
for the publication of notice thereof and set public hearing for 3/19/07 at a meeting to
commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish
notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
Historic Old Main Street Lighting and Sidewalk Replacement Project: City Manager
recommending initiation of the public bidding process for the Historic Old Main Street Lighting
and Sidewalk Replacement Project and that a public hearing on the plans and specifications,
form of contract, and estimated cost be set for March 5, 2007. Lynch moved to receive, file,
and adopt Resolution No. 93-07 Preliminary approval of plans and specifications, form of
contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk
Replacement Project; Resolution No. 94-07 Setting date of hearing on plans and
specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting
and Sidewalk Replacement Project; Resolution No. 95-07 Resolution of Necessity, Resolution
No. 96-07 Fixing date of hearing on Resolution of Necessity; Resolution No. 97-07 Approving
preliminary schedule of assessments; Resolution No. 98-07 Ordering the advertisement for
bids for the Historic Old Main Street Lighting and Sidewalk Replacement Project, and providing
for the publication of notice thereof and set public hearing for 3/5/07 at a meeting to commence
at 6:30 PM in the public library auditorium and direct the City Clerk to publish notice in the
manner prescribed by law. Seconded by Jones. Motion carried 7-0.
Fifth Street Reconstruction -Alpine to Hill Streets Project: City Manager recommending
initiation of the public bidding process for the Fifth Street Reconstruction -Alpine to Hill Streets
Project and that a public hearing on the plans and specifications, form of contract, and
estimated cost be set for March 5, 2007. Lynch moved to receive, file, and adopt Resolution
No. 99-07 Preliminary approval of plans and specifications, form of contract, and estimated
cost for the Fifth Street Reconstruction -Alpine to Hill Streets Project; Resolution No. 100-07
Setting date of hearing on plans and specifications, form of contract, and estimated cost for the
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Fifth Street Reconstruction -Alpine to Hill Streets Project; Resolution No.101-07 Resolution of
Necessity; Resolution No. 102-07 Fixing date of hearing on Resolution of Necessity;
Resolution No. 103-07 Approving preliminary schedule of assessments; Resolution No. 104-07
Ordering the advertisement for bids for the Fifth Street Reconstruction -Alpine to Hill Streets
Project; and providing for the publication of notice thereof and set public hearing for 3/5/07 at a
meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
Fiscal Year 2008 Budget: City Manager recommending that a public hearing be set for
March 8, 2007 to consider adoption of the Fiscal Year 2008 Budget and Five Year Capital
Improvement Program. Lynch moved to receive, file, and adopt Resolution No. 105-07 Setting
the date for the public hearing on the Fiscal Year 2008 Budget for the City of Dubuque,
Resolution No. 106-07 Setting the date for the public hearing on the Five Year Capital
Improvement Program for Fiscal Years 2008 through 2012 for the City of Dubuque, and
providing for the publication of notice thereof and set public hearing for 3/8/07 at a meeting to
commence at 6:30 PM in the public library auditorium and direct the City Clerk to publish
notice in the manner prescribed by law. Seconded by Jones. Motion carried 7-0.
Expansion of Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great
River Technologies, LLC: City Manager recommending that a public hearing be set for April 2,
2007 to consider approval of a Development Agreement with Walter Development LLC, who
will be constructing a 120,000 square foot distribution facility and office for Kendall/Hunt
Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC., all
related companies, on 13.915 acres in Dubuque Industrial Center West. Lynch moved to
receive, file, and adopt Resolution No. 107-07 (1) Approving the minimum requirements,
competitive criteria, and offering procedures for the development of certain real property and
improvements in the Dubuque Industrial Center Economic Development Urban Renewal
District; (2) determining that the Development Agreement submitted by Walter Development,
LLC, Kendall/Hunt Publishing Company, Westmark Enterprises, Inc., and Great River
Technologies, LLC satisfies the offering requirements with respect to the real property and
improvements and declaring the intent of the City Council to approve the Development
Agreement with Walter Development, LLC, Kendall/Hunt Publishing Company, Westmark
Enterprises, Inc., and Great River Technologies, LLC in the event that no com~eting proposals
are submitted providing for the sale of Lot 1 Dubuque Industrial Center West 7 h Addition, in the
City of Dubuque, Iowa, according to the recorded plat thereof; and (3) soliciting competing
proposals, and providing for the publication of Notice thereof and set public hearing for 4/2/07
at a meeting to commence at 6:30 PM in the public library auditorium and direct the City Clerk
to publish notice in the manner prescribed by law. Seconded by Jones. 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). Applicants: Michael Gukeisen and
Theresa Caldwell. Theresa Caldwell spoke in support of her appointment.
Appointments to the following Boards/Commissions: Community Development Advisory
Commission (Two At-Large terms -terms of Giesen, Maloy; one Housing Commission
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Representative term -vacant and one Low/Moderate Income term all through February 2010).
Applicant: Paula Maloy, SVM. Connors moved to appoint applicant Paula Maloy to an At-
Large term through February 2010. Second by Michalski. Motion carried 7-0.
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 (B.S. Vacancy), Dan Harris (At-Large), Harlan Willenborg, Paul
Papin, Stanley Gonner (Master Plumbers). Connors moved to appoint applicants Michael
Swift, Dan Harris, and Paul Papin to 3-year terms through November 2009, and Stanley
Gonner and Harlan Willenborg to 3-year terms through November 2008. Seconded by Braig.
Motion carried 7-0.
Electrical Code Board (One 3-year term through May 2008 -term of Pregler). Applicant:
Ronald Mueller. Michalski moved to appoint applicant Ronald Mueller to a 3-year term through
May 2008. Second by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Tanzanite Drive -Planned Unit Development District: Proof of publication on notice of
hearing to consider a request from Ron Klein, Klein Construction Company, to amend the PUD
Planned Unit Development District on Tanzanite Drive (Lot F of Emerald Acres No. 4) to allow
42 two-unit townhouses with revised access and setbacks and Zoning Advisory Commission
recommending denial. Communication from Ron Klein requesting this item be tabled.
Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by providing for the amendment of Ordinances No. 10-99, 96-02, 83-03 and 14-06,
which adopted regulations for the Emerald Acres PUD Planned Unit Development District with
a PR Planned Residential Designation and approving an amended ordinance for the Emerald
Acres PUD Planned Unit Development District. Cline moved to table. Seconded by Connors.
Motion carried 7-0.
Subdivision Regulations -Text Amendment: Proof of publication on notice of hearing to
consider a request from the City of Dubuque to amend Section 42-24-(a) Improvement
Guarantees of the City of Dubuque Subdivision Regulations and Zoning Advisory Commission
recommending approval. Jones moved to receive and file the documents and 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. Second
by Connors. Motion carried 7-0. Jones moved final consideration and passage of Ordinance
No. 5-07 Amending the City of Dubuque Code of Ordinances Section 42-24 Improvement
Guarantees providing for the reduction of securities for public improvements upon substantial
completion of such improvements. Seconded by Braig. Motion carried 7-0.
Greater Downtown Urban Renewal District: Proof of publication on notice of hearing to
consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal
District to include the rehabilitation, restoration, and renovation of historic buildings for public
and governmental uses, including the Carnegie-Stout Public Library and the Former U.S.
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Federal Building, and City Manager recommending approval. Cline moved to receive, file, and
adopt Resolution No. 108-07 Approving the Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District. Seconded by Lynch. Motion carried 7-0.
Vacating Petition -Portion of Union Street South of Rush Street: Proof of publication on
notice of hearing to consider approval of a request from David L. Clemens, representing
Robert McClain, to vacate and purchase a portion of Union Street south of Rush Street, and
City Manager recommending approval. Connors moved to receive, file, and to adopt
Resolution No. 109-07 Approving plat of proposed vacated portion of Union Street south of
Rush Street, Resolution No. 110-07 Vacating a portion of Union Street south of Rush Street,
and Resolution No. 111-07 Disposing of City interest in Lot 209A of Union Addition in the City
of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0.
Heron Pond Tree Removal Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications for the Heron Pond Tree Removal Project and City
Manager recommending award of the contract to Top Grade Excavating in the amount of
$30,299. Michalski moved to receive, file, and adopt Resolution No. 112-07 Adopting plans
and specifications, Resolution No. 113-07 Awarding contract, and Resolution No. 114-07
Approving construction contract with Top Grade Excavating for the Heron Pond Tree Removal
Project. Seconded by Lynch. Motion carried 7-0.
Jones moved to reinstate the rules limiting discussion to the Council. Seconded by Connors.
Motion carried 7-0.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the
Greater Dubuque Development Corporation, to provide verbal update on activities of GDDC.
Dickinson acknowledged the help of the GDDC staff, reviewed the success of the River Valley
Initiatives goals, and requested to speak to Council on April 3, 2007, to discuss the Greater
Dubuque Development Corporation's 5-year plan. Cline moved to receive and file. Seconded
by Connors. Motion carried 7-0.
Amendment to First Transit Contract (Tabled at the February 5, 2007 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.
Connors moved to remove from table. Seconded by Michalski. Motion carried 7-0. Connors
moved to receive, file, and adopt Resolution No. 115-07 Approving the Second Amendment to
the Management Agreement between the City of Dubuque and First Transit. Seconded by
Braig. Motion carried 5-2 with Michalski and Jones dissenting. Dave Baker, President of
Teamsters Local No. 421, spoke in support of retaining the position of Transportation Clerk as
a union position.
Silver Oaks Estate: Zoning Advisory Commission recommending approval of the preliminary
plat of Silver Oaks Estate as requested by Royal Oaks Development, Inc. Jones moved to
receive, file, and approve the preliminary plat of Silver Oaks Estate as requested by Royal
Oaks Development, Inc. Seconded by Connors. Motion carried 7-0.
W.C. Stewart Construction, Inc. / Wayne Briggs Real Estate: Communication from Brian J.
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Kane, counsel for Messrs. Briggs and Stewart, requesting that a public hearing be scheduled
at the site of the W.C. Stewart Construction, Inc. / Wayne Briggs real estate along Old Highway
Road. Lindahl recommended setting public hearing for 3/5/07 at which time a site visit can be
scheduled for 3/12/07. Connors moved to receive, file, and set public hearing for March 5,
2007. Seconded by Jones. Motion carried 7-0.
Construction Management Contract for Port of Dubuque Parking Ramp: City Manager
recommending the selection of Conlon Construction as the Construction Manager for the Port
of Dubuque Public Parking Ramp project in the amount of $535,000. Michalski moved to
receive, file, and approve. Seconded by Braig. Motion carried 7-0.
Erosion and Sediment Control (ESC) Ordinance: City Manager recommending approval of
an amendment to Chapter 44 of the City of Dubuque Code of Ordinances by adding a new
Article VII -Erosion and Sediment Control (ESC). Motion by Connors to receive and file the
documents and 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 Jones. Motion carried 7-0. Connors moved final
consideration and passage of Ordinance No. 6-07 Amending Chapter 44 of the City of
Dubuque Code of Ordinances by adding a new Article VII, Erosion and Sediment Control,
providing for the regulation of land disturbing activity; establishing the requirements for a permit
for such activity and the procedures for monitoring such activity; and providing for violations
and enforcement of such requirements. Seconded by Braig. Motion carried 7-0.
Memorial Request: Communication from Jeffrey Mozena requesting City consideration of
the construction of a memorial, in partnership with his family, to Kris Ann Mozena McNamer at
Eagle Point Park. Connors moved to receive and file. Seconded by Lynch. Motion carried 7-0.
2011 Iowa League of Cities Conference: City Manager recommending that the City submit a
bid for the 2011 Iowa League of Cities Conference and Exhibit and that a City Council Member
serve as the City's representative in planning the conference. Michalski moved to receive, file,
approve submission of bid, and appoint Connors as the Council representative. Seconded by
Connors. Motion carried 7-0.
Iowa League of Cities: Communication from the Iowa League of Cities appointing Council
Member Pat Cline to serve as one of Iowa's representatives on the Energy, Environment and
Natural Resources (EENR) Committee. Motion by Lynch to receive, file, and approve.
Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Braig reported receiving calls regarding parking difficulties along Delhi Street during the
recent snow storm and relayed concerns from the Old Main District regarding the "New Main"
development in the Port of Dubuque. Jones reported that Delhi Street is very narrow by a large
hospital and that it may be necessary to completely prohibit parking on that street. Cline
reported receiving fewer calls about snow removal and commended staff for their efforts.
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CLOSED SESSION
At 8:27 p.m., Jones moved to adjourn to Closed Session regarding Pending Litigation,
Personnel Issue and Property Acquisition -Chapter 21.5(1)(c)(i)Q) 2007 Code of Iowa; and
Collective Bargaining Strategy -Iowa Code Chapter 20.17(3). Seconded by Lynch. Motion
carried 7-0.
Council reconvened in Regular Session at 8:45 p.m. stating that staff had been given proper
direction.
There being no further business, upon motion the meeting was adjourned at 8:46 p.m.
/s/ Jeanne F. Schneider
City Clerk
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