Minutes City Council 6 4 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m., on June 4, 2007, in the Public
Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, Assistant
City Manager Steinhauser; City Attorney Lindahl
Absent: City Manager Van Milligen
Invocation was provided by Reverend Doctor Jim Dotson, Grandview United Methodist Church.
PROCLAMATIONS
United States Army Week (June 11 – 17, 2007)
PRESENTATION
Presentation of photograph to the Citizens of Dubuque from the Officers and men of the USS
Dubuque LPD8
CONSENT ITEMS
Motion by Cline to receive and file the documents including the amended agenda, approve, refer to
staff, and adopt resolutions as indicated. Seconded by Braig. Connors requested that (#13) Fiscal
Year 2008 Arts and Culture Funding Program be held for separate discussion. Cline requested that
(#16) Grandview Pet Park be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/24; City
Council of 5/21; Electrical Code Board of 5/14; Enterprise Zone Commission of 5/8; Historic
Preservation Commission of 5/17; Plumbing Board of 5/16; Transit Board of 5/14. Upon motion the
documents were received and filed.
Notice of Claims/Suits: Jwan E. Brookins for vehicle damage; Christy Link for personal injury;
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Lauren Schrup for vehicle damage. Upon motion the documents were receivedfiled and referred to
the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: Jwan Brookins for vehicle damage. Upon
motion the documents were received, filed, and concurred.
Snow Removal Assessments: City Manager recommending approval of the final assessment
schedule for the 2006 – 2007 Snow Removal and Right-of-Way Obstruction Removal Project in the
amount of $6,792.59. Upon motion the documents were received and filed, and Resolution No. 308-
07 Adopting the final assessment schedule for the Snow Removal Assessment – Right-of-Way
Obstruction Removal Assessment Project was adopted.
Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recommending
approval of a Traffic Paint and Pavement Markings Agreement between the City of Dubuque and the
City of Asbury. Upon motion the documents were received and filed, and Resolution No. 309-07
Approving Traffic Paint and Pavement Markings Agreement between the City of Dubuque and the
City of Asbury was adopted.
Crescent Community Health Center Parking Lot: City Manager recommending acceptance of the
Crescent Community Health Center Parking Lot Project as completed by Portzen Construction, Inc.,
in the final contract amount of $127,552.28. Upon motion the documents were received and filed, and
Resolution No. 310-07 Accepting the Crescent Community Health Center Parking Lot Project and
authorizing the payment of the contract amount to the contractor was adopted.
Loras Boulevard Traffic Signalization Project: City Manager recommending acceptance of the
Loras Boulevard Traffic Signalization Project as completed by Portzen Construction, Inc., in the final
contract amount of $289,081.02. Upon motion the documents were received and filed, and Resolution
No. 311-07 Accepting the Loras Boulevard Traffic Signalization Project and authorizing the payment
of the contract amount to the contractor was adopted.
2411 Central – Request to Demolish: Historic Preservation Commission recommending approval of
a request from Lynn and Amy Schmitz to demolish the condemned building located at 2411 Central
Avenue. Upon motion the documents were received, filed, and approved.
Millworking Historic District Nomination: City Manager recommending approval of the selection of
History Pays! to prepare the National Register of Historic Places nomination for the proposed
Millworking Historic District. Upon motion the documents were received, filed, and approved.
Shot Tower Archeological Survey – Contract Amendment: City Manager recommending approval of
an amendment to the contract with Great Lakes Archeological Research Center for additional
services associated with the Shot Tower Archeological Investigation. Upon motion the documents
were received, filed, and approved.
National League of Cities Application for Technical Assistance: City Manager recommending
approval to respond to a request for proposals for NLC technical assistance in support of youth
leadership development activities. Upon motion the documents were received, filed, and approved.
Municipal Housing Agency Governing Board: City Manager transmitting information about the
Municipal Housing Agency Governing Board and the 2006 HUD Appropriation Act which has
eliminated the need for the board and advising that the Housing Commission has decided to continue
with the board. Upon motion the documents were received and filed.
Washington Neighborhood Visioning Consultant: City Manager recommending approval of the
selection of MSA Professionals to conduct the Washington Neighborhood visioning process in the
amount of $10,292. Upon motion the documents were received, filed, and approved.
Fiscal Year 2008 Arts and Culture Funding Program: Arts and Culture Affairs Advisory Commission
recommending approval of eleven Fiscal Year 2008 Arts and Culture Operating Support funding
requests and authorization for the City Manager to sign the funding agreements. Motion by Connors
to receive and file the documents and approve. Seconded by Michalski. Connors expressed concern
over changing the grant cap from 50% to 40%, but will rely on the judgment of the Commission.
Motion carried 7-0.
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Fiscal Year 2008 Special Projects Arts and Culture Grants: Arts and Cultural Affairs Advisory
Commission recommending approval of the Fiscal Year 2008 Arts and Culture Grants for Special
Projects and authorization for the City Manager to sign the grant agreements. Upon motion the
documents were received, filed, and approved.
Government Finance Officers Association – Certificate of Achievement: City Manager advising that
the City has received the Government Finance Officers Association Certificate of Achievement for
Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the nineteenth
consecutive year. Upon motion the documents were received and filed.
Grandview Avenue Pet Park: Communication from Dave Kelley, 3249 Bittersweet Lane, in support
of the Grandview Avenue Pet Park. Motion by Cline to receive and file the documents. Seconded by
Lynch. Cline stated that no decision has been made to close the park and various options are being
considered. Braig said that closing at 8 p.m. is during high-use hours. She also stated that the park is
not being closed, but the hours had been changed. Motion carried 7-0.
Sidewalks on John F. Kennedy Road: Communication from Ann Cook, 1590 Kane Street, in
support of the installation of sidewalks along John F. Kennedy Road. Upon motion the documents
were received and filed.
Traffic Light Synchronization on Locust Street: Communication from Karl Stieglitz, 533 Lowell
Street, regarding removal of the synchronization of lights on Locust Street. Upon motion the
documents were received, filed, and referred to the City Manager
Cell Phone Contract: City Manager recommending approval of the selection of ComElec-US
Cellular for the City’s basic cellular phone service. Upon motion the documents were received, filed,
and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon motion the
documents were received and filed, and Resolution No. 312-07 Approving public improvement
contracts and bonds: City Hall Parking Lot Reconstruction Project 2007, Asphalt Paving Project,
Downtown Streetlight and Traffic Signalization Pole Painting Project, Third Floor Office Expansion
Project was adopted.
Liquor License Transfer: Request of the Rotary Club of Dubuque to transfer their liquor license to
A.Y. McDonald Park on June 13, 2007. 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. 313-07 Granting
the issuance of a Class “B” Liquor License to Days Inn/Spirits Bar and Grill; Special Class “C” Liquor
License (5-Day Special Event) to Dubuque Jaycees and Dubuque Family Restaurant; Class “C”
Beer/Liquor License to Kalmes Breaktime (1-Day Outdoor Service); Class “B” Wine Permit to Ooh La
La; and Class “WBN” Native Wine Permit to Dubuque American Lady; and Resolution No. 314-07
Granting the issuance of Class “B” Beer Permit to Catfish Festival; and Class “C” Beer Permit to
McCann’s Service, Inc., were adopted.
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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. Seconded by Connors. Motion
carried 7-0.
York and Curtis Street Storm Sewer Improvement Project: City Manager recommending initiation of
the public bidding process for the York and Curtis Street Storm Sewer Improvement 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. 315-07 Preliminary
approval of plans and specifications, form of contract, and estimated cost for the York and Curtis
Street Storm Sewer Improvement Project; Resolution No. 316-07 Setting date of hearing on plans and
specifications, form of contract, and estimated cost for the York and Curtis Street Storm Sewer
Improvement Project: and Resolution No. 317-07 Ordering the advertisement for bids for the York and
Curtis Street Storm Sewer Improvement Project were adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on June 18, 2007, in the Public Library auditorium.
Star Brewery Drive Construction Project: City Manager recommending initiation of the public
bidding process for the Star Brewery Drive 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. 318-07 Preliminary approval of plans and
specifications, form of contract, and estimated cost for the Star Brewery Drive Construction Project;
Resolution No. 319-07 Setting date of hearing on plans and specifications, form of contract, and
estimated cost for the Star Brewery Drive Construction Project; and Resolution No. 320-07 Ordering
the advertisement for bids for the Star Brewery Construction Project were adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on June 18, 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 re-set for June 18, 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. 321-07 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 June 18, 2007, in the Public Library Auditorium.
Release and Acceptance of Sanitary Sewer Easement – Raven Oaks: City Manager
recommending that a public hearing be set for June 18, 2007 to consider vacating and relocating a
portion of an existing sanitary sewer easement and to vacate a utility easement in Lot 4 of Raven
Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place. Upon motion the documents were received and
filed, and Resolution No. 322-07 Resolution of intent to dispose of interest and release a portion of an
existing 20-foot wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-foot
utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of
Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
June 18, 2007, in the Public Library Auditorium.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their application. No one spoke. Park
and Recreation Commission: Three 3-year terms through June 30, 2010 (Terms of Lyness,
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Harjehausen, and Hoffman). Applicants: Karen Lyness, Paul Hoffman, Gary Harjehausen; TV Cable
Regulatory Commission: Two 3-year expired terms through June 30, 2010 (Terms of Pratt and
Stevens). Applicant: Kevin Stevens
PUBLIC HEARINGS
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the City Council.
Vacate of Kerper Boulevard Property: Proof of publication on notice of hearing to consider a
request from Union-Hoermann Press to vacate a portion of Kerper Boulevard that abuts the existing
Union-Hoermann facility at 2175 Kerper Boulevard and City Manager recommending approval.
Motion by Cline to receive and file the documents and adopt Resolution No. 323-07 Approving plat of
proposed vacated portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3;
Resolution No. 324-07 Vacating a portion of Kerper Boulevard in Block 19 of River Front Subdivision
No. 3; and Resolution No. 325-07 Disposing of City interest in Lot 1A, Block 19, River Front
Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion
carried 7-0.
Interstate Power Company – Permanent Easement: Proof of publication on notice of hearing to
consider approval of granting a permanent easement to Interstate Power Company in the Port of
Dubuque and City Manager recommending approval. Motion by Cline to receive and file the
documents and adopt Resolution No. 326-07 Disposing of an interest in real property by easement to
Interstate Power and Light Company. Seconded by Connors. Motion carried 7-0.
Ice Harbor Transient Boat Dock Project: Proof of publication on notice of hearing to consider the
plans and specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock
Project and City Manager recommending approval and further recommending that the date for the
receipt of bids be revised to June 21, 2007. Motion by Cline to receive and file the documents and
adopt Resolution No. 327-07 Approving plans and specifications, form of contract, and estimated cost
for the Ice Harbor Transient Boat Dock Project; and Resolution No. 328-07 Ordering the re-
advertisement for bids for the Ice Harbor Transient Boat Dock Project. Seconded by Michalski. Motion
carried 7-0.
Decorative Concrete Repair and Maintenance Project: Proof of publication on notice of hearing to
consider the plans and specifications, form of contract, and estimated cost for the Decorative
Concrete Repair and Maintenance Project and City Manager recommending approval and further
recommending that the date for the receipt of bids be revised to June 21, 2007. Motion by Cline to
receive and file the documents and adopt Resolution No. 329-07 Approving plans and specifications,
form of contract, and estimated cost for the Decorative Concrete Repair and Maintenance Project;
and Resolution No. 330-07 Ordering the re-advertisement for bids for the Decorative Concrete Repair
and Maintenance Project. Seconded by Jones. Motion carried 7-0.
Third Street Overpass Lighting Project: Proof of publication on notice of hearing to consider the
plans and specifications, form of contract, and estimated cost for the Third Street Overpass Lighting
Project and City Manager recommending approval. Motion by Cline to receive and file the documents
and adopt Resolution No. 331-07 Approving plans and specifications, form of contract, and estimated
cost for the Third Street Overpass Lighting Project. Seconded by Jones. Motion carried 7-0.
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Pedestrian Wayfinding Sign System Design: Proof of publication on notice of hearing to consider
the plans and specifications, form of contract, and estimated cost for the Pedestrian Wayfinding Sign
System Design Project and City Manager recommending approval. Motion by Cline to receive and file
the documents and adopt Resolution No. 332-07 Approving plans and specifications, form of contract,
and estimated cost for the Pedestrian Wayfinding Sign System. Seconded by Jones. Motion carried
7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Citizen Request: Communication from Betty Leibfried, 888 Barbaralee, and Veronica Bender, 895
Barbaralee, requesting to address the City Council regarding the storm retention basin behind their
homes on Barbaralee Drive. Motion by Cline to receive and file the documents and refer to City
Manager for progress report at the July 16, 2007, City Council meeting and a report on other retention
basins in six weeks. Seconded by Lynch. Braig asked if contractors have any responsibility in newer
subdivisions. City Engineer Psihoyos reported that contractors are responsible until City acceptance.
Engineering is in the process of compiling a master plan on all basins. He concurred that the
Barbaralee basin is unacceptable and needs much attention. He stated it will be repaired within 30
days. Motion carried 7-0.
Purchase of Property – 1126 White Street: City Manager recommending approval of the purchase
of a vacant building located at 1126 White Street from the Dubuque Community School Board as part
of the Washington Neighborhood revitalization effort. Motion by Cline to receive and file the
documents and approve. Seconded by Lynch. Jones commented that this is a good project. Motion
carried 7-0.
University Avenue Reconstruction Project: City Manager submitting a response to the
communication from Dean Rampson regarding the University Avenue Reconstruction Project. Motion
by Michalski to receive and file the documents and concur with staff. Seconded by Connors. Connors
said that Mr. Rampson had been given the opportunity to file for financial assistance. Motion carried
7-0.
Final Plat – Asbury Plaza Business Park: City Manager recommending approval of a 180 day
extension and re-approval of the final plat of Asbury Plaza Business Park as requested by Wendell
Corey, Motor City, LLC. Motion by Michalski to receive and file the documents and adopt Resolution
No. 333-07 Re-approving the final plat of Asbury Plaza Business Park First Addition in the City of
Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0.
409 Burch Street (Tabled from December 18, 2006 City Council Meeting): City Manager
recommending that City Attorney Barry Lindahl be directed to restart the property acquisition process
for the residence located at 409 Burch Street. Motion by Michalski to remove from table. Seconded by
Connors. Motion carried 7-0. Motion by Michalski to receive and file and concur with staff pending
information provided by City Attorney Lindahl. Seconded by Connors. Connors said that the City has
been more than patient on this issue. Jones said that it is time to take a stand. Buol said that Mr.
White has been give too many extensions, other residents are being hurt, and it is time to act.
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Michalski cautioned that other long-term renovation projects may fall into this category. The City must
be willing to follow this direction with other areas and residences. She recommended moving forward
and holding a hearing to decide whether to continue with the acquisition process. Lindahl reviewed
the condemnation process stating that the City must “hold a hearing on whether it [the property] is a
public nuisance.” He also said that the hearing would be a quasi judicial due process hearing and not
a public hearing. Motion carried 7-0.
US 20 (Devon Drive to Menards) Capacity Improvements – Phase II Project: City Manager
recommending award of the contract for the US 20 (Devon Drive to Menards) Capacity Improvements
– Phase II Project to Voltmer, Inc., in the amount of $268,740. Motion by Connors to receive and file
the documents and adopt Resolution No. 334-07 Awarding public improvement contract for the US 20
(Devon Drive to Menards) Capacity Improvement Project – Phase II, Traffic Signal and Intelligent
Transportation System Improvements (STP-A-020-9(187) - 22-31). Seconded by Cline. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Lynch reported that he and Council Member Michalski will be participating in the All America City
award competition this week and thanked Assistant City Manager Steinhauser for her work in
facilitating the presentation.
Jones reported that he spent time with the third-grade students at Table Mound Elementary
regarding their Metropolitan Solid Waste Agency “Green Vision” award.
Buol congratulated Jones on being inducted into the Hall of Flame and reminded citizens that this
weekend is the America’s River Festival.
PUBLIC INPUT
(None)
There being no further business, upon motion the City Council adjourned at 7:36 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 6/13
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