Minutes City Council 5 21 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on May 21, 2007, in the
Public Library Auditorium.
Mayor Buol read the call stating that this was a special session of the Dubuque City Council
to discuss Pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007
Code of Iowa.
Present: Mayor Buol, Council Members Cline, Connors (via conference phone), Jones,
Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
Upon motion Council adjourned special session at 5:29 p.m. having given staff proper
direction.
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:35 p.m. on May 21, 2007, in the
Public Library Auditorium.
Mayor Buol read the call and stated that this was a regular session of the Dubuque City
Council to discuss such matters that should properly come before Council.
Present: Mayor Buol, Council Members Cline, Connors (via conference phone), Jones,
Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
Invocation was provided by Assistant Pastor Sean Hirschy, Word of Life Church
Proclamations
Mental Health Month, May 2007, was accepted by John Cordes, Mental Health America,
1951 Alta Vista, and presented Council with the DVD “Lincoln’s Melancholy;” and Apples for
Students, June and July, 2007.
CONSENT ITEMS
Motion by Cline to receive and file the documents, refer to staff, and adopt resolutions as
specified. Seconded by Lynch. Michalski requested #1 (Minutes and Reports Submitted) be
held for separate discussion. Motion carried 6-0.
Minutes and Reports Submitted: Airport Commission of 4/23; Arts and Cultural Affairs
Advisory Commission 3/27; Civil Service Commission of 4/5 and 4/16; City Council of 5/7;
Environmental Stewardship Advisory Commission of 5/1; Human Rights Commission of 4/9;
Library Board of Trustees of 4/10, 4/13 and 4/18; Park and Recreation Commission of 4/10;
Zoning Advisory Commission of 5/2. Motion by Michalski to receive and file the documents.
Seconded by Jones. Michalski commended the boards and commissions staff for their prompt
submission of minutes. She noted that there were no minutes from the Transit Board of
Trustees March meeting. Please remind the boards and commissions to communicate Council
in a timely manner. Motion carried 6-0.
Library Board of Trustees Update from meeting of April 26, 2007
Proof of Publication of List of Claims and Summary of Revenues for month ending March
31, 2007
Notice of Claims/Suits: Michael Elliot for property damage; Westfield Insurance Company on
behalf of Jeffrey and Dianne Brimeyer for property damage; Pfohl’s Inc., for property damage;
Dubuque Bible Church for property damage. Upon motion the documents were received, filed,
and referred to the 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: Dubuque Bible Church
for property damage; Jeffrey and Dianne Brimeyer for property damage; and Pfohl’s Inc., for
property damage
City Attorney recommending settlement of the claim of Linda M. Loney for property damage
and the claim of Michael Elliot for property damage. Upon motion, the documents were
received, filed, and concurred.
First Amendment to Conlon Johnson Development Agreement: City Manager
recommending approval of an amendment to the Conlon Johnson (Sedgewick) Development
Agreement. Upon motion the documents were received, filed, and approved.
Dubuque Technology Park Plat of Survey: City Manager recommending approval of
subdividing Lot 10, Block 2 of the Dubuque Technology Park to accommodate the Entegee
economic development project. Upon motion the documents were received and filed and
Resolution No. 272-07 Approving plat of survey of Lot 1 Dubuque Technology Park No. 3 in the
City of Dubuque, Iowa; and Resolution No. 273-07 Approving plat of survey of Lot 1 of 10 and
Lot 2 of 10, Block 2 Dubuque Technology Park in the City of Dubuque, Iowa, were adopted.
2006 (Fiscal Year 2007) Asphalt Paving Program: City Manager recommending acceptance
of the 2006 (Fiscal Year 2007) Asphalt Paving Program as completed by River City Paving in
the final contract amount of $1,055,618.25. Upon motion the documents were received and
filed, and Resolution No. 274-07 Accepting the 2006 (Fiscal Year 2007) Asphalt Paving
Program and authorizing the payment of the contract amount to the contractor was adopted.
Four Mounds Archeological Survey: City Manager recommending approval of the selection
of Great Lakes Archaeological Research Center for the Four Mounds Archeological
Investigation. Upon motion the documents were received, filed, and approved.
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Tri-State Development LLC Rezoning/Annexation: City Manager recommending approval of
the withdrawal of the voluntary annexation request by Tri-State Development LLC. Upon
motion the documents were received, filed, and approved.
Kivlahan Farms Preliminary Plat: Zoning Advisory Commission submitting the preliminary
plat of Kivlahan Farms for City Council information only. Upon motion the documents were
received and filed.
Sewer Pipeline Inspection Vehicle and Camera Equipment: City Manager recommending
approval of the purchase of a sewer pipeline inspection vehicle and associated camera
equipment from Cues Inc., in the amount of $126,750. Upon motion the documents were
received, filed, and approved.
Encephalitis (West Nile) Monitoring – Memorandum of Understanding: City Manager
recommending approval of the Memorandum of Understanding with the Iowa Department of
Public Health for activities related to Encephalitis/West Nile disease monitoring. Upon motion
the documents were received, filed, and approved.
Citizen Communications: Correspondence from Larry Youtzy expressing opposition to the
installation of sidewalks along John F. Kennedy Road.
Communication from Jan and Bill Stoffel submitting a petition in support of the installation of
sidewalks along John F. Kennedy Road and communication from Tracy Nowack in support of
the installation of sidewalks along John F. Kennedy Road.
Correspondence from Dr. Charles Winterwood, Vice President of Tri-State Trail Vision,
thanking the Mayor, City Council and staff for including a feasibility study in the Fiscal Year
2007 budget for a hiking/biking trail along the middle fork of Catfish Creek.
Correspondence from Valerie Hogan, owner of the Mississippi Mug, expressing opposition
to the City’s business incentives for Genuine Genius. Upon motion the documents were
received and filed.
Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease
agreement with Tri-State Modelers for a section of the former Roosevelt Park. Upon motion the
documents were received, filed, and approved.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Confidential Account Clerk. Upon motion the documents were received, filed, and
made a Matter of Record.
Mediacom 2006 Annual Report: Mediacom submitting the 2006 Annual Report, which is on
file in the City Clerk’s Office. Upon motion the documents were received and filed.
Calendar Year 2007 Pavement Marking Program: City Manager recommending award of the
contract for the Calendar Year 2007 Pavement Marking Program to Selco, Inc., in the amount
of $60,274.10. Upon motion the documents were received, filed, and approved.
Historic White Water Creek Bridge Relocation Project – Phase II: City Manager
recommending rejection of the bids received for the White Water Creek Bridge Relocation
Project Phase II, Lead Paint Removal, Cleaning, and Painting. Upon motion the documents
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were received and filed, and Resolution No. 275-07 Rejecting the contract bid proposal for the
Historic White Water Creek Bridge Relocation Project, Phase II – Lead Paint Removal,
Cleaning, and Painting was adopted.
City of Asbury Voluntary Annexation: Notice from the City Development Board of the public
hearing to be held on the matter of the City of Asbury voluntary annexation including non-
consenting owners. Findings of Fact and Conclusions of Law and Determination in the matter
of the voluntary annexation of the City of Asbury within the urbanized area of the City of
Dubuque. Upon motion the documents were received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Federal Building
Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass
Replacement, Interior Window Lead Paint Removal & Painting Project. Upon motion the
documents were received, filed, and approved.
Business License Refund: Kevin Menning, One Flight Up Liquor License: Upon motion the
documents were received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed, and Resolution No. 276-07
Granting the issuance of one new permit to sell cigarettes and cigarette papers; Resolution No.
277-07 Granting the issuance of a Class C Beer Permit to HyVee Food Store B, Hartig Drug
#2, and Awn Stop Mart #2; Resolution No. 278-07 Granting the issuance of a Class C
Beer/Liquor License to Easy Street, Denny’s Lux Club, Kalmes Breaktime Bar/Grill; Special
Class C Liquor License to Dubuque Jaycees; Class B Wine License to Hartig Drug #2 and
HyVee Food Store B; and Resolution No. 279-07 Granting the issuance of a Class WCN
Native Wine License to Stone Cliff Winery (contingent on final City inspections and approvals)
were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive, file, adopt resolutions, set public hearings as specified, and
direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones.
Motion carried 6-0.
Ice Harbor Transient Boat Dock Project: City Manager recommending initiation of the public
bidding process for the Ice Harbor Transient Boat Dock Project and that a public hearing on
the plans and specifications, form of contract, and estimated cost be set for June 4, 2007.
Upon motion the documents were received and filed, and Resolution No. 280-07 Preliminary
approval of plans and specifications, form of contract, and estimated cost for the Ice Harbor
Transient Boat Dock Project; Resolution No. 281-07 Setting date of hearing on plans and
specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock
Project; and Resolution No. 282-07 Ordering the advertisement for bids for the Ice Harbor
Transient Boat Dock Project were adopted setting a hearing for a meeting to commence at
6:30 p.m. on June 4, 2007, in the Public Library Auditorium.
Decorative Concrete Repair and Maintenance Project: City Manager recommending
initiation of the public bidding process for the Decorative Concrete Repair and Maintenance
Project and that a public hearing on the plans and specifications, form of contract, and
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estimated cost be set for June 4, 2007. Upon motion the documents were received and filed,
and Resolution No. 283-07 Preliminary approval of plans and specifications, form of contract,
and estimated cost for the Decorative Concrete Repair and Maintenance Project; Resolution
No. 284-07 Setting date of hearing on plans and specifications, form of contract, and estimated
cost for the Decorative Concrete Repair and Maintenance Project; and Resolution No. 285-07
Ordering the advertisement for bids for the Decorative Concrete Repair and Maintenance
Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June
4, 2007, in the Public Library Auditorium.
Third Street Overpass Lighting Project: City Manager recommending initiation of the public
bidding process for the Third Street Overpass Lighting Project and that a public hearing on the
plans and specifications, form of contract, and estimated cost be set for June 4, 2007. Upon
motion the documents were received and filed, and Resolution No. 286-07 Preliminary
approval of plans and specifications, form of contract, and estimated cost for the Third Street
Overpass Lighting Project: Resolution No. 287-07 Setting date of hearing on plans and
specifications, form of contract, and estimated cost for the Third Street Overpass Lighting
Project; and Resolution No. 288-07 Ordering the advertisement for bids for the Third Street
Overpass Lighting Project were adopted setting a public hearing for a meeting to commence at
6:30 p.m. on June 4, 2007, in the Public Library Auditorium.
Kaufmann Avenue Alley Storm Sewer Construction Project: City Manager recommending
initiation of the public bidding process for the Kaufmann Avenue Alley Storm Sewer
Construction Project and that a public hearing on the plans and specifications, form of contract,
and estimated cost be set for June 18, 2007. Upon motion the documents were received and
filed, and Resolution No. 289-07 Preliminary approval of plans and specifications, form of
contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction
Project; Resolution No. 290-07 Setting date of hearing on plans and specifications, form of
contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction
Project; and Resolution No. 291-07 Ordering the advertisement for bids for the Kaufmann
Avenue Alley Storm Sewer Construction Project were adopted setting a public hearing for June
18, 2007, in the Public Library Auditorium.
Vacate of Kerper Boulevard Property: City Manager recommending that a public hearing be
set for June 4, 2007 to consider a request from Union-Hoerman Press to vacate a portion of
Kerper Boulevard that abuts the existing Union-Hoermann facility at 2175 Kerper Boulevard.
Upon motion the documents were received and filed, and Resolution No. 292-07 Resolution of
intent to vacate and dispose of City interest in Lot 1A, Block 19, River Front Subdivision No. 3
in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium.
Port of Dubuque Parking Ramp – Urban Renewal Tax Increment Revenue Bonds: City
Manager recommending that a public hearing be set for July 26, 2007, to consider the sale of
not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds. Upon motion the
documents were received and filed, and Resolution No.293-07 Fixing date for a hearing on the
proposition of the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment
Revenue Bonds, of Dubuque, Iowa, and providing for publication of notice thereof was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on July 26, 2007, in the Public
Library Auditorium.
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Interstate Power Company – Permanent Easement: City Manager recommending that a
public hearing be set for June 4, 2007 to consider approval of granting a permanent easement
to Interstate Power Company in the Port of Dubuque. Upon motion the documents were
received and filed, and Resolution No. 294-07 Resolution of intent to dispose of an interest in
real property by easement to Interstate Power and Light Company setting a public hearing for
a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium.
BOARDS/COMMISSIONS
Appointments to 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, Tom Goodman, Paul Hemmer, Louise Kames, Paul Kohl,
Ioana Mamali, Gene Perry, Susan Riedel, Julie Steffen, John Woodin. Upon vote Paul
Hemmer, Louise Kames, Paul Kohl, and Susan Riedel were appointed to 3-year terms through
June 20, 2010.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Dubuque Industrial Center Planned District: Proof of publication on notice of public hearing
to consider an amendment to the Dubuque Industrial Center Planned District from Open Space
to Industrial as requested by Matt Horsfield, Horsfield Company, and Zoning Advisory
Commission recommending approval. Motion by Michalski to receive and filed the documents,
and 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 Lynch. Motion carried 6-0. Matt Horsfield, 505 E. Main St. Epworth, Iowa, spoke
in support of the ordinance. Kyle Kritz, Planning Services, gave a staff report. Motion by
Michalski for final consideration and adoption of Ordinance No. 22-07 Amending Appendix A
(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised
Planning Unit Development Ordinance for the Dubuque Industrial Center Phases I and II
located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and
by repealing Ordinance 34-06. Seconded by Jones. Motion carried 6-0.
8005 Seippel Court Rezoning: Proof of publication on notice of public hearing to consider
rezoning property located at 8005 Seippel Court from R-2 Two-Family Residential District to
CS Commercial Service and Wholesale District as requested by Brian Lammers, and Zoning
Advisory Commission recommending approval. Motion by Cline to receive and file the
documents and 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 6-0. Brian Lammers 12998 English Mill Road,
spoke in support of the ordinance. Michalski expressed concern over developers urging the
City to zone R-2 and then back again to CS. Lammers explained that the property was
purchased under R-2, which protected one house that he now owns. Kyle Kritz, Planning
Services, gave the staff report explaining the removal of uses and addition conditional zoning.
Motion by Cline for final consideration and adoption of Ordinance No. 23-07 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 8005 Seippel Court from R-2 Two-
Family Residential District to CS Commercial Service and Wholesale District, with conditions.
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Seconded by Jones. Motion carried 6-0.
Tanzanite Drive PUD Text Amendment: Proof of publication on notice of public hearing to
consider an amendment to the Planned Unit Development District to allow 40 two-unit
townhouses with revised access and setbacks for property located on Tanzanite Drive as
described as Lot F of Emerald Acres No. 4 as requested by Ron Klein Construction Company,
and Zoning Advisory Commission recommending approval. Motion by Cline to receive and file
the documents and 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 6-0. Ron Klein, Klein Construction, 15318
Holstein Drive, Sherrill, Iowa, stated that they are changing the layout for on-street parking and
not adding units. Kyle Kritz, Planning Services, gave the staff report noting that this is a
request to amend an existing PUD where the original developer is no longer involved. Garage
units have been increased and the street was designed to handle the increasing traffic.
Michalski asked if the new townhouses were an increase in the housing cost classification.
Kritz concurred. Barb Horsfall, 575 Sapphire Circle, said that although this was an improved
request from the original PUD, she still had concerns regarding traffic and safety. There is less
space between units limiting green space and play areas. Water pressure in the area has
become an issue, and she questioned the access width for emergency vehicles. She
requested a survey be done by the City’s Engineering Department. Rod Tschiggfrie, 600
Sapphire Circle, agreed that the original PUD was unattractive, he agreed with Mr. Klein’s
designs that incorporate a deliberate division between the R2 and mobile home areas. Cline
asked about water runoff in conjunction with Horsfall’s concerns. Kritz said that there is a 3%
permeable increase on the whole site as required in a PUD to address water run off adding
that driveways are for garage access only but could allow for 4 vehicles. There is no concern
with emergency vehicle access. Motion by Cline for final consideration and adoption of
Ordinance No. 24-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinances 10-99, 96-02, 86-03 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 Acers PUD Planned Unit Development District. Seconded by Jones. Motion
carried 6-0.
3105 Cedar Crest Ridge Rezoning: Proof of publication on notice of public hearing to
consider rezoning property located at 3105 Cedar Crest Ridge from CS Commercial Service
and Wholesale District to C-3 General Commercial District as requested by Ron Smith/RRTC
Properties, and Zoning Advisory Commission recommending approval. Motion by Cline to
receive and file the documents and 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. Ron Smith, 1640 Justin Lane, spoke
in support of the ordinance. Kyle Kritz, Planning Services, gave the staff report. He stated that
traffic has been increasing on Cedar Cross, which is conducive to C-3 zoning. Motion by Lynch
for final consideration and adoption of Ordinance No. 25-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at
3105 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General
Commercial District. Seconded by Jones. Motion carried 6-0.
Kebbie Drive Rezoning: Proof of publication on notice of hearing to consider rezoning
property on Kebbie Drive described as Lot 3 of Bies Subdivision #2 from R-2 Two-Family
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Residential District to R-3 Moderate-Density Multi-Family Residential District as requested by
James and Renee Schreiber, and Zoning Advisory Commission recommending approval.
Motion by Michalski to receive and file the documents and 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 6-0. James Schreiber spoke in favor of the rezoning adding that he delayed building on
the rear of his property, which is already R-3 until this request was determined. Kyle Kritz,
Planning Services, gave the staff report noting that this property backs up to the Lifetime
Center building and has undergone multiple rezonings. Motion by Michalski for final
consideration and adoption of Ordinance No. 26-07 Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the
end of Kebbie Drive from R-2 Two-Family Residential District to R-3 Moderate-Density Multi-
Family Residential District. Seconded by Jones. Motion carried 6-0.
Carnegie Stout Public Library Landmark Nomination: Proof of publication on notice of public
hearing to consider the nomination of Carnegie-Stout Public Library as a historic landmark, as
recommended by the Long Range Planning Advisory Commission, and City Manager
recommending approval. Motion by Cline to receive and file the documents and 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 Lynch. Motion carried 6-0. Motion by Lynch for final consideration and adoption
of Ordinance No. 27-07 Amending Chapter 25 (Historic Preservation) of the City of Dubuque
Code of Ordinances by adding a new Section 25-6.15 Designating the Carnegie Stout Public
Library as a Landmark. Seconded by Jones. Motion carried 6-0.
Port of Dubuque Adams Development LLC Special Warranty Deed: Proof of publication on
notice of public hearing to consider approval of the disposition of property by deed to Port of
Dubuque Adams Development, LLC, and City Manager recommending approval. Motion by
Cline to receive and file the documents and adopt Resolution No. 295-07 Disposing of an
interest in real property by deed to Port of Dubuque Adams Development, LLC. Seconded by
Lynch. Motion carried 6-0.
US 52 North Storm Sewer Improvement Project: Proof of publication on notice of public
hearing to consider adoption of the plans and specifications, form of contract, and estimated
cost for the US 52 North Storm Sewer Improvement Project, and City Manager recommending
approval. Motion by Cline to receive and file the documents and adopt Resolution No. 296-07
Approving plans and specifications, form of contract, and estimated cost for the US 52 North
Storm Sewer Improvement Project. Seconded by Jones. Motion carried 6-0.
Grand River Center Carpet Replacement Project: Proof of publication on notice of public
hearing to consider adoption of plans and specifications, form of contact, and estimated cost
for the Grand River Center Carpet Replacement Project and City Manager recommending
approval. Motion by Cline to receive and file the documents and adopt Resolution No. 297-07
Approval of plans and specifications, form of contract, and estimated cost for the Grand River
Center Carpet Replacement Project. Seconded by Michalski. Michalski asked if the new
patterns or designs would retain the beauty of the original carpet. Assistant City Manager
Steinhauser said that the replacement carpet would be similar to the original patterns but more
resistant to stains and fading caused by harsh cleaning chemicals. Motion carried 6-0.
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REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Grandview Pet Park: Request of Lynn Behrens to address the City Council regarding a
petition in support of keeping the Grandview Pet Park open. Motion by Cline to receive and file
the documents. Seconded by Michalski. Julie Thom, 530 Napier Street, spoke in favor of the
pet park disputing previous claims about barking and the park’s appearance. She believes
barking is not continuous and suggested the City’s Animal Control Office investigate. She said
the City does a good job of maintenance and suggested alternating the use of each side of the
park to allow for replanting of the side not in use. She believes a dog park at any location
would affect property owners. An additional petition was submitted for the record. Motion
carried 6-0.
Dubuque Genealogical Society: Nancy Stroup, Vice President, Dubuque Genealogical
Society, requesting to address the City Council regarding City assistance for relocation
pending termination of lease with the Masonic Temple. Motion by Cline to receive and file.
Seconded by Jones. Nancy Stroup, 10004 Westbrook Road., Galena, Illinois, and Vice
President of the Genealogical Society, provided some background on the organization for
Council. It is a non-profit historical group that has records related to 400 surnames from the
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Dubuque area. They currently reside in the Mary of Angels building at 6 and Bluff but will
need new space soon. A partnership with the City would help increase visibility of the Society.
Motion carried 6-0.
Patricia Broessel Special Assessment: Correspondence from Attorney Joseph Bitter on
behalf of Patricia Broessel requesting to address the Council regarding a special assessment
for sidewalk and curb replacement at 2093 Washington Street. Motion by Cline to receive and
file. Seconded by Lynch. Van Milligen said that the City Engineering department has been in
contact with Mr. Bitter and clarified that this issue involved two separate assessments, one
assessable and one non-assessable. Motion carried 6-0.
All Veterans’ Memorial: City Manager recommending approval of construction of a new All
Veterans’ Memorial at the McAleece Park and Recreation Complex. Motion by Cline to receive,
file, and approve the documents. Seconded by Michalksi. George Goebel, Commander, VFW
9663, submitted design documents and reviewed plans stating that this memorial would have
year-round access, would be maintenance free, and efforts would be made to deter vandalism.
Cline inquired about recent controversy. Goebel said that the Marshall Park Memorial has
been plagued by a poor design and lack of funds for repair or redesign. Michalski asked about
the current memorials inside Riverview Park. Goebel said that those memorials are closed for
some occasions. The All Veterans Memorial would be in proximity to those memorials but
accessible for ceremonies year round. Nick Lucy, 783 Fenelon Place, concurred that the
Marshal Park Memorial wasn’t functioning and is unfinished because of the money needed to
repair design flaws. He said that no one has agreed to meet with him to consider working
together and using these funds to repair Marshal Park. He also said that there is no signage
informing people of the memorial. Jones felt that neither memorial detracts from the other.
Since there is no City funding being used, it is a personal choice whether or not to donate.
Michalski expressed concerns about the size of the design. Because of the Chaplain Schmitt
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Memorial, would there be adequate space. Van Milligen said that this re-design is appropriate
in terms of size and cost, and it has good synergy. Motion carried 6-0.
German Bank Building, LLLP – Development Agreement: City Manager recommending
approval of a development agreement between the City of Dubuque and German Bank
Building, LLLP, for the revitalization of the Old German Bank Building. Motion by Michalski to
receive and file, and adopt Resolution No. 298-07 Authorizing the execution of a development
agreement with German Bank Building, LLLP. Seconded by Lynch. Motion carried 6-0.
Historic Preservation Commission Membership: City Manager recommending approval of an
amendment to the Historic Preservation Ordinance which would allow property owners or
business owners to temporarily represent vacant historic district seats until such time that a
resident volunteer can be appointed. Motion by Jones to receive and file the documents and
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 Michalski. Motion carried 6-0. Motion by Jones for final consideration and
adoption of Ordinance No. 28-07 Amending Chapter 25 (Historic Preservation) of the City of
Dubuque Code of Ordinances by adding a new Section 25-3(h) to allow owners of real
property and owners of businesses in the district to be temporarily appointed to vacant district
seats until such a time a qualified resident can be appointed. Seconded by Michalski. Motion
carried 6-0.
Solid Waste Collection Fee Reduction: City Manager recommending approval of a proposed
revision to Section 40-37 of the City Code of Ordinances reducing the monthly solid waste
collection service base fee from $9.91 to $9.89. Motion by Cline to receive and file the
documents and 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 Lynch. Motion carried 6-0. Motion by Cline for final consideration and
adoption of Ordinance No. Amending City of Dubuque Code of Ordinances Section 40-37
paragraphs (a), (b), and (c) establishing charges for the collection and disposal of solid waste
materials. Jones said that the good work of the community made this positive result possible.
Seconded by Lynch. Motion carried 6-0.
DMASWA Delivery Agreement: City Manager recommending approval of the new waste
delivery agreement with the Dubuque Metropolitan Area Solid Waste Agency. Motion by Cline
to receive and file the documents and approve. Seconded by Lynch. Motion carried 6-0.
Community Partnership (cp2) Program – Fiscal Year 2008: City Manager recommending
approval of the allocation of Community Partnership Program (cp2) funds for Fiscal Year 2008.
Motion by Michalski to receive and file the documents and adopt Resolution No. 299-07
Authorizing the award of Community Partnership Program (cp2) funds for Fiscal Year 2008.
Seconded by Jones. Motion carried 6-0.
Summer Food Service Program: City Manger recommending approval of a collaboration
with the Boys and Girls Club of Greater Dubuque to provide additional summer meal sites in
conjunction with the Prescott School and Comiskey Park City of Dubuque Leisure Services
playground programs. Motion by Cline to receive and file the documents and approve.
Seconded by Jones. Buol said that this is a tremendous idea. Michalski was please about high
school students being involved. Motion carried 6-0.
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Pedestrian Wayfinding Sign System Design: City Manager recommending approval of the
design for the Pedestrian Wayfinding Sign System components, initiation of the bidding
process, and that a public hearing on the plans and specifications, form of contract, and
estimated cost be set for June 4, 2007. Motion by Cline to receive and file the documents and
adopt Resolution No. 300-07 Preliminary approval of plans and specifications, form of contract,
and estimated cost for the Pedestrian Wayfinding Sign System; Resolution No. 301-07 Setting
date of hearing on plans and specifications, form of contract, and estimated costs for the
Pedestrian Wayfinding Sign System; and Resolution No. 302-07 Ordering the advertisement
for bids for the Pedestrian Wayfinding Sign System. Seconded by Lynch. Steinhauser
presented a mock up of the map portion. The City is seeking cost estimates for a lighted
design. This signage will have a “trail blazers” design. Cline asked if this would include just
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downtown. Steinhauser said yes. It would include downtown from 15 Street south, the
warehouse district and the Port of Dubuque. It was scaled for pedestrian use and compliments
the vehicle wayfinding sign system.
KeyLine Monthly Pass: City Manager recommending approval of a recommendation by the
KeyLine Transit Board of Trustees to create a monthly pass for KeyLine at a cost of $35 per
month to customers. Motion by Cline to receive and file the documents and adopt Resolution
No. 303-07 Fixing rates for a monthly pass. Seconded by Jones. Motion carried 6-0.
KeyLine Free Rides Program: City Manager recommending approval to proceed with a
partnership with the Dubuque Community School District to provide better transportation
options for students that would include offering free KeyLine rides to students. Motion by Cline
to receive and file the documents and approve. Seconded by Lynch. John Burgart,
Superintendent, Dubuque Community Schools, 2300 Chaney Road, thanked Transit Manager
Jon Rodocker and Economic Development Director Dave Heiar for help and said that the
downtown school principals initiated the program. They hope to create options for families and
possibly help alleviate the parking issues at Hempstead High School. Motion carried 6-0.
Asbury Plaza Area Wastewater Pumping Facilities 2007 Project: City Manager
recommending award of the contract for the Asbury Plaza Area Wastewater Pumping Facilities
2007 Project to McDermott Excavating in the amount of $618,342.84. Motion by Michalski to
receive and file the documents and adopt Resolution No. 304-07 Awarding public improvement
contract for the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project. Seconded by
Cline. Motion carried 6-0.
Rush Street Reconstruction Project: City Manager recommending award of the contract for
the Rush Street Reconstruction Project to Horsfield Construction, Inc., in the amount of
$1,657,853.10. Motion by Cline to receive and file the documents and adopt Resolution No.
305-07 Awarding public improvement contract for the Rush Street Reconstruction Project.
Seconded by Lynch. Motion carried 6-0.
First Amendment to Diamond Jo Development Agreement: City Manager recommending
approval of the first amendment to the Diamond Jo Development Agreement for the
construction of a public parking ramp. Motion by Cline to receive and file the documents, to
include those distributed at this meeting, and adopt Resolution No. 306-07 Approving the first
amendment to the Port of Dubuque Public Parking Facility Development Agreement. Michalski
questioned the wording and phases of green space versus park construction. Van Milligen said
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that Council approved preservation of the green space site line from the Grand River Center to
the Courthouse. The park is a component of the planned outdoor plaza. Seconded by Lynch.
Motion carried 6-0.
Joint Development Agreement between the Dubuque County Historical Society and the City
of Dubuque: City Manager recommending approval of a Joint Development Agreement
between the Dubuque County Historical Society and the City of Dubuque that establishes the
manner in which the Society and the City will cooperate with one another successfully to
complete the Great Rivers Center and RiverMax Theater projects. Motion by Cline to receive
and file, to include documents distributed at this meeting and the executed First Amendment to
the Agreement, and approve. Seconded by Jones. Jerry Enzler, Executive Director of the
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Dubuque County Historical Society, 250 E. 3 Street, thanked Council for allowing the time to
fold this into the Vision Iowa Project. A search for state funds would mean a significant match
by the City but lead to a grant for the wayfinding signage program. Mr. Enzler urged approval
of the agreement. Van Milligen noted that this is contingent on an executed First Amendment
to the Agreement. Michalski requested that the two groups meet more frequently than quarterly
as noted in the Agreement or included with the Vision Iowa meetings. Motion carried 6-0.
Interstate Power/McGraw Hill Parking Lot: City Manager recommending approval of an offer
to purchase a parcel of land from Interstate Power to allow for the construction of the McGraw
Hill parking lot including the granting of an easement to Interstate Power as part of the
consideration for the transfer and recommending 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. Motion by Cline to receive and file the documents and approve. Seconded by Lynch.
Motion carried 6-0.
Contract Authority: City Manager recommending that his authority to make purchases on
behalf of the City be increased to $100,000, per State statute. Motion by Cline to receive and
file the documents and adopt Resolution No. 307-07 Authorizing the City Manager to execute
contracts and leases on behalf of the City of Dubuque. Seconded by Jones. Motion carried 6-
0.
COUNCIL MEMBER REPORTS
(None)
PUBLIC INPUT
(None)
There being no further business, upon motion the Council adjourned at 8:51 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
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