Minutes City Council 5 7 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session on at 6:30 p.m. on May 7, 2007, in the
Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski,
City Manager Van Milligen; Assistant City Attorney Tim O’Brien, and Assistant City Attorney
Crenna Brumwell.
Mayor Buol read the call and stated this is a regular session of the City Council called for
the purpose of reviewing such matters which may properly come before the Council.
Invocation was provided by Mayor Buol.
Swearing-In of Mayor Pro-Tem Patricia Cline.
PROCLAMATIONS
Bike Safety Month (May 2007) was accepted by Cindy Temperly; National Tourism Month
(May 2007) was accepted by Sue Czeshinski; Nursing Home Month (May 2007) was accepted
by Barbara Barber; and Iowa School Board Recognition Week (May 13-19, 2007) was
accepted by Larry Loeppke and Otto Krueger from Dubuque Community Schools and Steve
Cornelius from Holy Family Schools.
CONSENT ITEMS
Motion by Cline to receive, file, refer to staff, and adopt resolutions as indicated. Second by
Lynch. Michalski requested that (#16) Designated Signatories – Federal Transit Administration
Documents, and (#36) Citizen Communications be held for separate discussion. Connors
requested that (#37) Home Builders Association of Iowa be held for separate discussion.
Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Regulatory Commission of 1/10; Cable TV
Teleprogramming Commission of 2/6; City Council of 4/16; Civil Service Commission of 3/28
and 4/5; Environmental Stewardship Advisory Commission of 4/3; Historic Preservation
Commission of 4/19; Investment Oversight Advisory Commission of 4/25; Proofs of publication
on City Council Proceedings of April 2 and 16, 2007; Investment Oversight Advisory
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Commission 54 Quarterly Report, upon motion received and filed.
Notice of Claims/Suits: Jeffrey A. and Dianne Brimeyer for property damage; Allen G.
Gloeckner for property damage; Linda M. Loney for property damage; Nationalwide Advantage
Mortgage Company vs. City of Dubuque Housing Services Department, et al; Ken and Billie
Rolwes for property damages; Martha Schmid for vehicle damage, upon motion received, filed,
and concurred
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: Allen C. Gloeckner for
property damage; Alan and Margaret Jones for vehicle damage; Doris Kinsella for personal
injury; Ken and Billie Rolwes for property damage; Martha Schmid for vehicle damage. City
Attorney recommending that the claim of David A. Jones for vehicle damage be referred to
MSA Professional Services, Inc., for consideration, upon motion received, filed, and concurred.
Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recommending
approval of a new Cooperative Traffic Paint and Pavement Markings Agreement between the
City of Dubuque and County of Dubuque. Upon motion the documents were received and filed
and Resolution No. 236-07 Approving Traffic Paint and Pavement Markings Agreement
between the City of Dubuque and Dubuque County was adopted.
Grade Crossings – Jones Street and Fifth Street: City Manager recommending approval of
the State of Iowa Federal-Aid Grade Crossing Surface Repair Agreements between the
Chicago, Central & Pacific Railroad, Iowa Department of Transportation and the City of
Dubuque for the Jones Street and Fifth Street grade crossings. Upon motion the documents
were received and filed and Resolution No. 237-07 Approving State of Iowa Federal-Aid Grade
Crossing Surface Repair Agreements for the construction of surface improvements at the
railroad crossings located at Fifth Street (Agreement A18138) and Jones Street (Agreement
A18139) was adopted.
HUD Lead Paint Hazard Control Grant: City Manager recommending approval of the
submission of an application to the US Department of Housing and Urban Development for
continuation of the Lead-Based Paint Hazard Prevention Program, upon motion the documents
were received, filed, and approved.
Acceptance of Sanitary Sewer Lift Station in Arbor Estates: City Manager recommending
acceptance of the sanitary sewer lift station that the developer, Kivlahan Farms, LLC, recently
completed in Arbor Estates – Phase 3. Upon motion the documents were received and filed
and Resolution No. 238-07 Accepting sanitary sewer lift station in Arbor Estates – Phase 3 was
adopted.
Washington Court Second Addition: City Manager recommending approval of the plat of
survey of Washington Court Second Addition. Upon motion the documents were received and
filed, and Resolution No. 239-07 Approving plat of survey describing the proposed
consolidation of lots owned by the City of Dubuque and Washington Court, LP to be known as
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Washington Court 2 Addition was adopted.
Demolition of Property at 598 Central Avenue: Historic Preservation Commission
recommending City Council approval of a request to demolish the building at 598 Central
Avenue. Upon motion the documents were received, filed, and approved.
Demolition of Property at 1051 White Street: Historic Preservation Commission
recommending City Council approval of a request to demolish the building at 1051 White
Street. Upon motion the documents were received, filed, and approved.
Unified Development Code Sign Review Advisory Committee: City Manager recommending
approval of the appointment of Joe LoBianco and Tom Culbertson to the Unified Development
Code Sign Review Advisory Committee. Upon motion the documents were received, filed, and
approved.
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The Durrant Group – CEBA Contract: City Manager recommending approval of the
execution of a CEBA Loan Agreement in the amount of $50,000 and an Enterprise Zone
Funding Agreement to support The Durrant Group’s expansion project in the Port of Dubuque.
Upon motion the documents were received and filed and Resolution No. 240-07 Authorizing
the execution of a Community Economic Betterment Account Loan Agreement and an
Enterprise Zone Funding Agreement for Fifty Thousand Dollars ($50,000) with the Durrant
Group, Inc. was adopted.
Cottingham and Butler – CEBA Contract: City Manager recommending approval of the
execution of a CEBA Loan Agreement in the amount of $300,000 and an Enterprise Zone
Funding Agreement to support Cottingham & Butler’s expansion project in downtown Dubuque.
Upon motion the documents were received and filed and Resolution No. 241-07 Authorizing
the execution of a Community Economic Betterment Account Loan Agreement and an
Enterprise Zone Funding Agreement for Three Hundred Thousand Dollars ($300,000) with
Cottingham and Butler, Inc. was adopted.
Purchase of Property – 511-513 Rhomberg Avenue: City Manager recommending approval
of the purchase of a duplex residential dwelling for $92,000 located at 511-513 Rhomberg
Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration
Project. Upon motion the documents were received and filed and Resolution No. 242-07
Approving the acquisition of real estate located at 511-513 Rhomberg Avenue in the City of
Dubuque was adopted.
Asbury Voluntary Annexation: Notification from Steven R. McCann, City Development
Board, advising that the matter of the City of Asbury Voluntary Annexation, including non-
consenting owners within the urban area of the City of Dubuque, will be considered by the City
Development Board on May 9, 2007. Upon motion the documents were received and filed.
Designated Signatories – Federal Transit Administration Documents: City Manager
recommending approval of an Authorizing Resolution designating the Mayor and the General
Manager of KeyLine Transit as the authorized signatories to execute and file all Federal Transit
Administration documents on behalf of the City of Dubuque. Motion by Michalski to receive,
file, and adopt Resolution No. 243-07 Authorizing the filing of an application with the Federal
Transit Administration, an Operating Administration of the United States Department of
Transportation, for Federal Transportation Assistance authorized by 49 U.S.C. Chapter 53, Title
23 United States Code and other Federal statutes administered by the Federal Transit
Administration. Seconded by Connors. Michalski said this distances City Council from control
over important issues so Keyline must keep the Council up to date. Motion carried 7-0.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Equipment Operator II, Engineering Technician and Sanitation Driver. Upon motion
the documents were received, filed, and made a matter of record.
Five Flags Center Fiscal Year 2008 Budget: City Manager recommending approval of the
Fiscal Year 2008 budget for the Five Flags Civic Center. Upon motion the documents were
received, filed, and approved.
Purchase of Play Equipment for Lincoln School: City Manager recommending approval of
the purchase of play equipment from Boland Recreation in the amount of $64,900 to be placed
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at Lincoln School. Upon motion the documents were received, filed, and approved.
Walter Development/Kendall-Hunt Assignment of Right to Purchase: City Manager
recommending approval of a request from Walter Development/Kendall-Hunt of the
assignment of its right to purchase property in the Dubuque Industrial Center West Seventh
Addition to Dubuque Bank & Trust Company. Upon motion the documents were received, filed,
and approved.
Legislative Communication: Communication to State Representatives Pam Jochum and Pat
Murphy requesting that they consider sponsoring an amendment to the Economics
Appropriations bill to include funding to support the statewide labor-management program.
Upon motion the documents were received and filed.
Notice of Intent to Request Release of Funds – Fiscal Year 2008 CDBG Programs: City
Manager recommending approval of the publication of a Notice of Intent to Request Release of
Funds for Community Development Block Grant (CDBG) program activities. Upon motion the
documents were received and filed and Resolution No. 244-07 Authorizing publication of a
Notice of Intent to Request Release of Funds for certain Community Development Block Grant
Projects for Fiscal Year 2008 (Program Year 2007) was adopted.
Keystone Area Education Agency I-Net User Agreements: City Manager recommending
approval of the Institutional Network User Agreement between the City of Dubuque and
Keystone AEA. Upon motion the documents were received, filed, and approved.
2007 – 2008 Deer Management Plan: City Manager recommending that the Urban Deer
Management Program be continued for the 2007-2008 hunting season. Upon motion the
documents were received, filed, and approved.
Administrative Services Agreement: City Manager recommending approval of an
amendment to the Administrative Services Agreement between the City and Express Scripts,
Inc. through June 30, 2010. Upon motion the documents were received, filed, and approved.
Claims Audit for the Third Party Administrator for Health Insurance Plan: City Manager
recommending approval to retain Gallagher Benefit Services to assist the City with a Request
for Proposal for claims auditing services and an optional claims office operational review. Upon
motion the documents were received, filed, and approved.
Fiscal Year 2008 Wage Plan and Compensation Package for Non-Bargaining Unit
Employees: City Manager recommending approval of the Fiscal Year 2008 Wage Plan and
Compensation Package for Non-Bargaining Unit employees. Upon motion the documents were
received and filed and Resolution No. 245-07 Approving the Wage Plan and Compensation
Package for Non-Bargaining Unit Employees for Fiscal Year 2008 was adopted.
Quarterly Investment Report: City Manager submitting the March 31, 2007, Quarterly
Investment Report. Upon motion the documents were received and filed.
Request for Proposals – Water Meter Reading Services Consultant: City Manager
recommending approval of the issuance of a Request for Proposal (RFP) for Water Meter
Reading Consultant Services. Upon motion the documents were received, filed, and approved.
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Iowa/Locust Street Parking Ramp Restoration Project: City Manager recommending
acceptance of the Parking Ramp Restoration Project as completed by Brent Anderson
Associates in the final contract amount of $949,087.80 and payment of the retainage. Upon
motion the documents were received and filed and Resolution No. 246-07 Accepting the
Iowa/Locust Street Parking Ramp Restoration Project and authorizing the payment of the
contract amount to the contractor was adopted.
Results of Facility Plan RFP and Interviews: City Manager recommending approval of the
selection of Strand and Associates to work with the City in the development of the Water
Pollution Control Plant Facility Plan at an estimated cost of $85,000. Upon motion the
documents were received, filed, and approved.
City Hall Parking Lot Reconstruction Project: City Manager recommending award of the
contract for the City Hall Parking Lot Reconstruction Project to Portzen Construction, Inc., in
the amount of $607,607.00. Upon motion the documents were received and filed and
Resolution No. 247-07 Awarding public improvement contract for the City Hall Parking Lot
Reconstruction Project to Portzen Construction was adopted.
2007 Asphalt Paving Program: City Manager recommending award of the contract for the
2007 Asphalt Paving Project to Mathy Construction Company in the amount of $695,470. Upon
motion the documents were received and filed and Resolution No. 248-07 Awarding public
improvement contract for the 2007 Asphalt Paving Project to Mathy Construction Company
was adopted.
Downtown Streetlight and Traffic Signalization Pole Painting Project: City Manager
recommending award of the contract for the Downtown Streetlight and Traffic Signalization
Pole Painting Project to Alan Jackson Tuckpointing, Inc., in the amount of $46,571. Upon
motion the documents were received and filed and Resolution No. 249-07 Awarding public
improvement contract for the Downtown Streetlight and Traffic Signalization Pole Painting
Project to Alan Jackson Tuckpointing, Inc., was adopted.
City Hall Third Floor Office Expansion Project: City Manager recommending award of the
contract for the City Hall Third Floor Office Expansion Project to Klauer Development
Corporation in the amount of $62,696. Upon motion the documents were received and filed
and Resolution No. 250-07 Awarding public improvement contract for the City Hall Third Floor
Office Expansion Project to Klauer Development Corporation was adopted.
Citizen Communications: Communication from Dean Rampson, 670 Cleveland Street,
regarding his application for financial assistance for the University Avenue Reconstruction
Project assessment being denied.
Communication from David H. Parrett, 9349 April Lynne Court, regarding the initiative to
make Dubuque a “green” community and suggesting that codes regarding the use of geo-
thermal air conditioning and heating be established.
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Communication from Fred and Tari Beeler, 3019 West 32 Street, and Wayne Maiers, 3016
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West 32 Street, requesting that the property located at 3015 West 32 Street not be allowed
to continue as a daycare center. Motion by Michalski to receive and file the documents and
refer to the City Manager. Seconded by Connors. Michalski said staff should report back to
Council as appropriate. Motion carried 7-0
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Home Builders Association of Iowa: Communication from A. Schmidt, Home Builders
Flora
Association of Iowa, encouraging the City to pass a Storm Water Post Construction Ordinance,
which is in compliance with the Federal Clean Water Act NPDES requirements. Motion by
Connors to receive and file the documents and refer to the City Manager. Seconded by Lynch.
Connors asked that this be brought back to Council for consideration. Motion carried 7-0.
Agreement with Area Residential Care: City Manager recommending approval of an
agreement with Area Residential Care, Inc., Vocational Services to pick up trash at the skate
park, Allison-Henderson, Comiskey and Bunker Hill. Upon motion the documents were
received, filed, and approved.
PEG Capital Grant Expenditure Request: City Manager recommending approval for funding
from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were
received, filed, and approved.
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Improvement Contracts / Performance, Payment and Maintenance Bonds -- West 5 Street
(Alpine – Hill) Reconstruction Project: Upon motion the documents were received and filed.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 251-07
Granting the issuance of a Class B Beer Permit to Pizza Ranch and Class C Beer Permit to
Casey’s General Store – 2699 Rockdale, Casey’s General Store – 4003 Peru Road, Paro Food
Mart, Ron’s Discount Smokes, Oky Doky #2, Beecher Beverage, and Oky Doky #1, and
Resolution No. 252-07 Granting the issuance of a Class A Liquor License to Dubuque Golf and
Country Club; Class B Liquor License to Julien Inn; Class C Beer/Liquor License to Clarke
College, Shot Tower Inn, Loras College, Corner Tap, Busted Lift, Tott’s Tap, and Bartinis;
Special Class C Liquor License to Chuck-n-Jo’s; Special Class C Liquor License (5-Day
Special Event) to Music n More and Dubuque Jaycees; and Class B Wine Permit to Beecher
Beverage, Oky Doky #1, and Oky Doky #2 were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearings as specified, and
direct the City Clerk to publish notice in the manner prescribed by law.
Port of Dubuque Adams Development LLC Special Warranty Deed: City Manager
recommending that a public hearing be set for May 21, 2007, to consider disposing of property
by deed to Port of Dubuque Adams Development, LLC. Upon motion the documents were
received and filed and Resolution No. 253-07 Resolution of Intent to dispose of an interest in
real property by deed to Port of Dubuque Adams Development, LLC was adopted setting a
public hearing at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library
Auditorium.
White Water Creek Bridge Relocation Project – Phase III: City Manager recommending
initiation of the public bidding process for the White Water Creek Bridge Relocation Project -
Phase III and that a public hearing on the plans and specifications, form of contract, and
estimated cost be set for May 21, 2007. This item was removed from the agenda.
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US 52 North Storm Sewer Improvement Project: City Manager recommending initiation of
the public bidding process for the US 52 North Storm Sewer Improvement Project and that a
public hearing on the plans and specifications, form of contract, and estimated cost be set for
May 21, 2007. Upon motion the documents were received and filed and Resolution No. 254-07
Preliminary approval of plans and specifications, form of contract, and estimated cost for the
US 52 North Storm Sewer Improvement Project; Resolution No. 255-07 Setting date of hearing
on plans and specifications, form of contract, and estimated cost for the US 52 North Storm
Sewer Improvement Project; and Resolution No. 256-07 Ordering the advertisement for bids
for the US 52 North Storm Sewer Improvement Project were adopted setting a public hearing
at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library Auditorium.
Grand River Center Carpet Replacement Project: City Manager recommending initiation of
the public bidding process for the Grand River Center Carpet Replacement Project and that a
public hearing on the plans and specifications, form of contract, and estimated cost be set for
May 21, 2007. Upon motion the documents were received and filed and Resolution No. 257-07
Preliminary approval of plans and specifications, form of contract, and estimated cost for the
Grand River Center Carpet Replacement Project; Resolution No. 258-07 Setting date of
hearing on plans and specifications, form of contract, and estimated cost for the Grand River
Center Carpet Replacement Project; and Resolution No. 259-07 Ordering the advertisement
for bids for the Grand River Center Carpet Replacement Project were adopted setting a public
hearing at a meeting to commence at 6:30 p.m. on May 21, 2007, in the Public Library
Auditorium.
L & J Properties Dubuque, LLC Development Agreement: City Manager recommending that
a public hearing be set for June 18, 2007, to consider approval of a Development Agreement
with L & J Properties Dubuque, LLC, and the disposition of 2.74 acres of property in Dubuque
Technology Park for construction of a 11,255 square foot office building. Upon motion the
documents were received and filed and Resolution No. 260-07 (1) Approving the minimum
requirements, competitive criteria, and offering procedures for the development of certain real
property and improvements in the Dubuque Industrial Center – South Economic Development
Urban Renewal District; (2) Determining that the Development Agreement submitted by L & J
Properties Dubuque, 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 L & J Properties Dubuque, LLC, in the event that no competing proposals are
submitted providing for the sale of Lot 1 of 10 Dubuque Technology Park, in the City of
Dubuque, Iowa, as shown on the attached map; and (3) soliciting competing proposals was
adopted setting a public hearing at a meeting to commence at 6:30 p.m. on June 18, 2007, in
the Public Library Auditorium.
McGraw Hill Parking Lot: City Manager recommending that a public hearing be set for May
21, 2007, to consider approval of a permanent construction easement granted by Interstate
Power to allow for the construction of the McGraw Hill parking lot and sanitary storm sewer and
an indemnification agreement between the City and McGraw Hill. Upon motion the documents
were received and filed setting public hearing for a meeting to commence at 6:30 p.m. on May
21, 2007, in the Public Library Auditorium.
BOARDS/COMMISSIONS
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Applicants were invited to address the Council regarding their desire to serve on the
following Boards/Commissions: Arts and Cultural Affairs Advisory (Four 3-year “Arts” terms
through June 30, 2010 – Terms of Kames, Kohl, Riedel, Wahlert). Applicants: Catherine
Goodman, 505 English Lane; Tom Goodman, 3055 Powers Court; Paul Hemmer, 2375
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Simpson Street; Louise Kames, 201 W. 17 Street; Paul Kohl, 50 Lindberg Terrace; Ioana
Mamali, 700 Lowell Street; Gene Perry, 1510 Kehl Court; Susan Riedel, 282 Kelly’s Bluff; Julie
Steffen, 2260 Coates Street; John Woodin, 725 Laurel Street. Applicants C. Goodman,
Kames, Kohl, Steffen, Mamali, and Woodin spoke in support of their appointments.
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the Council.
PUBLIC HEARINGS
Fiscal Year 2007 Budget Amendment: Proof of publication on notice of hearing to consider
the second amendment to the Fiscal Year 2007 operating budget and City Manager
recommending approval. Motion by Cline to receive and file the documents and adopt
Resolution No. 261-07 Amending the Fiscal Year 2007 budget. Seconded by Jones. Motion
carried 7-0.
Port of Dubuque Outdoor Plaza – Phase I Project: Proof of publication on notice of hearing
to consider adoption of the plans and specifications, form of contract, and estimated cost for
the Port of Dubuque Outdoor Plaza – Phase I Project and City Manager recommending
approval and award of the contract to Nauman Nursery in the amount of $283,000. Motion by
Cline to receive and file the documents and adopt Resolution No. 262-07 Approving the plans
and specifications, form of contract, and estimated cost for the Port of Dubuque Outdoor Plaza
– Phase I Project, and Resolution No. 263-07 Awarding public improvement contract for the
Port of Dubuque Outdoor Plaza – Phase I Project to Nauman Nursery. Seconded by Connors.
Motion carried 7-0.
White Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting:
Proof of publication on notice of hearing to consider adoption of the plans and specifications,
form of contract, and estimated cost for the White Water Creek Bridge Relocation Project
Phase II – Lead Paint Removal, Cleaning and Painting and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 264-
07 Approving plans and specifications, form of contract, and estimated cost for the White
Water Creek Bridge Project Phase II – Lead Paint Removal, Cleaning and Painting. Seconded
by Lynch. Motion carried 7-0.
Rush Street Reconstruction Project: Proof of publication on notice of hearing to consider
adoption of the plans and specifications, form of contract, and estimated cost for the Rush
Street Reconstruction Project and City Manager recommending approval. City Manager
submitting information in response to a request from Daniel D. and Millie Boge, 333 Villa
Street, requesting that the City Council exempt their property from the directive requiring
installation of a sidewalk when replacing a street and recommending that the sidewalk be
required and that no retaining wall be built at this time. Motion by Cline to receive and file the
documents and adopt Resolution No. 265-07 Approving plans and specifications, form of
contract, and estimated cost for the Rush Street Reconstruction Project; Resolution No. 266-07
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With respect to the adoption of the Resolution of Necessity proposed for the Rush Street
Reconstruction project – Bryant Street to Villa Street; and Resolution No. 267-07 Approving
schedule of assessments and estimate of total cost for the Rush Street Reconstruction project
– Bryant Street to Villa Street. Seconded by Connors. Motion carried 7-0.
Asbury Plaza Area Wastewater Pumping Facilities Project: Proof of publication on notice of
hearing to consider adoption of the plans and specifications, form of contract, and estimated
cost for the Asbury Plaza Area Wastewater Pumping Facilities Project and City Manager
recommending approval. Motion by Michalski to receive and file the documents and adopt
Resolution No. 268-07 Approving plans and specifications, form of contract, and estimated
cost for the Asbury Plaza Area Wastewater Pumping Facilities Project. Seconded by Braig.
Motion carried 7-0.
US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II: Proof of
publication on notice of hearing to consider adoption of the plans and specifications, form of
contract, and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements
Project – Phase II and City Manager recommending approval. Motion by Cline to receive and
file the documents and adopt Resolution No. 269-07 Approving plans and specifications, form
of contract and estimated cost for the US 20 (Devon Drive to Menards) Capacity Improvements
Project – Phase II. Seconded by Jones. Motion Carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Convention and Visitors Bureau Quarterly Report: Sue Czeshinski, Dubuque Area Chamber
of Commerce Convention and Visitors Bureau presented the Convention and Visitors Bureau
Quarterly Report. Motion by Cline to receive and file. Seconded by Connors. Motion carried 7-
0.
John F. Kennedy Road Sidewalk Installation: City Manager recommending that if the City
Council requires the installation of sidewalks along John F. Kennedy Road, that the property
owners be given the opportunity to construct said sidewalks prior to August 31, 2007, and after
that date, a special assessment project be presented to the City Council to complete the
sidewalk construction on the remaining parcels in the corridor.
Petition from property owners in opposition to the placement of sidewalks on the east side
of John F. Kennedy Road.
Motion by Michalski to receive and file the documents and refer to the City Manager for
preliminary study. Seconded by Jones. Braig said that there is a definite need for sidewalks but
was in favor of exempting the east side of JFK from Asbury to Kaufman and recognized the
hardship in maintaining sidewalks. She felt a deadline of August 31 was too soon, and she
wanted to see the cost and inconvenience to property owners as well as protect them from
unreasonable costs. Connors has heard from citizens on the northerly end of JFK regarding
problems with keeping those sidewalks clear. She believes making an exception here will
jeopardize the City’s credibility with other sidewalk installations and open the door to more
exceptions. Michalski said that some blocks have been exempted and things have changed
over seven years when the Council voted it down in 1999. She did not have a problem with
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exempting the area. She questioned if there was enough space on the east side of JFK from
Asbury to Kaufmann for a sidewalk. There are arguments for both sides and the City has
already made exceptions by not requiring sidewalks. Cline asked who is responsible for
clearing sidewalks on JFK. Sidewalks would encourage people to use the west end. Buol said
the school children have a paved walking path, but he doesn’t see foot traffic. Jones said
maintenance is not workable and it is fool hardy to develop plans if the project is not going
forward. The City should look at a pedestrian safety plan. Sidewalk installation would put an
unreasonable burden on citizens. The City should place crosswalks where necessary and
sidewalks where feasible. Lynch was opposed to sidewalk installation, and there are no
compelling arguments to support it. He expressed concern over exempting one block and the
hardship on citizens. Van Milligen said that the maintenance responsibility lies with the abutting
property owner. City Engineer Psihoyos said a design could be done, but the major
cost/problem was the maintenance. This area was considered for sidewalks in 1999. Motion
carried 4-3 with Buol, Cline and Lynch voting nay.
Millworking District National Register of Historic Places Nomination (Tabled on April 2,
2007): City Manager recommending approval of the nomination of the proposed Millworking
Historic District to the National Register of Historic Places. Motion by Michalski to remove from
table. Seconded by Connors. Motion carried 7-0. Motion by Connors to receive and file the
documents and approve the recommendation. Motion carried 7-0.
Pet Park: City Manager submitting remedial steps for the Grandview Avenue Pet Park.
Motion by Cline to receive and file the communications and petition and to proceed with the
City Manager’s recommendations. Seconded by Connors. Lynch recommended limiting the
hours, modifying the fencing, and continue looking for another site. Michalski was in favor of
trying the recommended remedial steps. Braig said that a one-hour change in hours would not
make a difference unless adjusted according to the season. Although she has respect for the
neighbors, the dogs in the general neighborhood also bark. Cline was in favor of changing the
hours. Jones said that the suggested changes were all viable solutions and should be tried
before opting to close the park. Motion carried 6-1 with Braig voting nay.
HRDP Grant Application for Downtown Dubuque Design Guidelines: City Manager
recommending approval of a $25,000 State Historical Society of Iowa Historic Resource
Development Program (HRDP) grant application for the Downtown Dubuque Design
Guidelines. Motion by Cline to receive and file the documents and adopt Resolution No. 270-
07 Approving submittal of an HRDP grant application funds to the State Historical Society of
Iowa for Downtown Dubuque Design Guidelines. Seconded by Lynch. Motion carried 7-0.
Genuine Genius Solutions: City Manager recommending approval of submission of an
Entrepreneurial Ventures Assistance (EVA) program application to the Iowa Department of
Economic Development on behalf of Genuine Genius Solutions, LLC. Motion by Connors to
receive and file the documents and adopt Resolution No. 271-07 Authorizing the filing of an
Entrepreneurial Ventures Assistance (EVA) application of behalf of Genuine Genius Solutions,
LLC. Seconded by Jones. Lynch said this is a fantastic opportunity. Motion carried 7-0.
Western Dubuque BIODIESEL: City Manager recommending approval of an agreement with
Western Dubuque BIODIESEL to discharge waste from its facility to the sanitary sewer system
at the City of Dubuque. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Michalski. Motion carried 7-0.
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Sign at Fifth and White Streets: City Manager recommending approval of the revised design
for the Port of Dubuque sign at Fifth and White Streets providing one monument sign instead
of the larger sign with three flag poles. Motion by Michalski to receive and file the documents
and approve the recommendation. Seconded by Jones. Motion carried 7-0.
Port of Dubuque Design Review – Port of Dubuque Parking Ramp: City Manager requesting
City Council input regarding the design of the Port of Dubuque Public Parking Facility. Motion
by Cline to receive and file the documents and approve the design. Seconded by Connors.
Michalski asked if a bus waiting area would be included. Van Milligen said there are plans for
an intermodal facility, but it is not part of this plan. A separate grant for that project has been
submitted. Michalski expressed concern over losing the site for such a facility if the City does
not receive the grant. Jones commended the subcommittee for doing a good job. Connors
concurred with the committee’s recommendation. Motion carried 7-0.
School Physical Plant and Equipment Levy Tax Increment Financing: City Manager
recommending approval that beginning in Fiscal Year 2009, the City of Dubuque ceases to
collect the PPEL levy from the Dubuque Community School District for Dubuque Industrial
Tech Park South and Kerper Boulevard Industrial Park. Motion by Cline to receive and file the
documents and approve the recommendation. Seconded by Lynch. Michalski asked if the
school has been notified. Van Milligen said it had and that this will increase the schools PPEL
funding by $25,000. Motion carried 7-0.
Grandview Gallop: City Manager submitting an application from the Mississippi Valley
Running Association to hold a June 16, 2007, four mile run/walk that includes a partial closure
of Grandview Avenue for City Council review and direction. Motion by Cline to receive and file
the documents and approve the application. Seconded by Lynch. Motion carried 7-0.
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City of Dubuque 175 Anniversary Celebration Committee: City Manager recommending
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approval of the creation of the 175 Anniversary Celebration Committee. Motion by Lynch to
receive and file the documents and approve the recommendation. Seconded by Cline. Motion
carried 7-0.
National League of Cities – Appointments: Communication from the National League of
Cities appointing City Council Member Ann Michalski to the 2007 Human Development
Steering Committee.
Communication from Christopher Hoene, National League of Cities, appointing City Council
Member Ann Michalski to the City Futures Panel on Democratic Governance for the National
League of Cities.
Communication from Alice Walkup, National League of Cities, appointing City Council
Member Ann Michalski as a University Communities Council Member. Motion by Cline to
receive and file the documents. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
(None)
PUBLIC INPUT
Greg Walsh, 1295 North Booth Street, expressed his thoughts on the Council’s compliance
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with the Open Meetings Law and Chapter 21.2 – Sec. 2 of the Iowa State Code.
There being no further business, upon motion the Council adjourned at 9:05 p.m.
/s/ Jeanne Schneider, CMC
City Clerk
1t 5/16
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