Minutes City Council 7 2 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on July 2, 2007, in the Public
Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Invocation was provided by Reverend Wayne Ressler, St. Raphael’s Cathedral
PROCLAMATION
Dubuque Drum and Bugle Corps Music on the March and Music, July 6, 2007,
and Music on the March II, July 26, 2007
PRESENTATION
2007 Program of the Year Award for the HEART Program Partnership was presented to City
Manager Van Milligen by City Manager Tim Vick of Manchester, Iowa, on behalf of the Iowa
City/County Management Association.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Lynch. Cline requested (#13) Dubuque Drum and Bugle Corps be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 6/18; Long Range Planning Advisory
Commission of 6/20, Proof of publication of City Council Proceedings of June 4, 2007. Upon
motion the documents were received and filed.
Notice of Claims/Suits: Beth Hilkin for property damage; Michael Hogan for property
damage; Roger Jones for vehicle damage; Zachary Mattison for vehicle damage; Wells Fargo
Bank vs. City of Dubuque, et al; Paul Schiffman for vehicle damage; Helen Sherman for
personal injury; Lisa Huinker 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: Jeff Brimeyer for
property damage; Roger Jones for vehicle damage; Michael C. Hogan for personal
injury/property damage; Zachary Mattison for vehicle damage.
City Attorney recommending settlement of the claim of Gansen Excavating, Inc., and
directing the Finance Department to issue payment. Upon motion the documents were
received, filed, and concurred.
Four Mounds Public Improvement Project: Communication from the Historic Preservation
Commission recommending approval of a letter of support for the Four Mounds Foundation
Public Improvement Project. Upon motion the documents were received, filed, and approved.
John F. Kennedy Sidewalks: Communication from Nancy McKillip in opposition to the
installation of sidewalks on the east side of John F. Kennedy Road. Upon motion the
documents were received and filed.
Bi-Lingual Bike/Hike Trail Signage Project: City Manager recommending approval of the
submission of an Iowa Department of Recreation Trails Grant application in the amount of
$91,000 for the Bi-Lingual Bike/Hike Trail Signage Project. Upon motion the documents were
received and filed, and Resolution No. 358-07 Approving the submittal of an application for
State Recreational Trails Program funding to the Iowa Department of Transportation for the Bi-
Lingual Bike/Hike Trail Signage Project was adopted.
Population in Annexed Areas: City Manager recommending approval of the certification of
population in areas annexed into the City of Dubuque since the 2000 Census, as required by
State law. Upon motion the documents were received and filed.
United States Department of the Interior: Communication from Stephen E. Whitesell,
National Park Centennial Coordinator, to Senator Charles E. Grassley regarding his support for
the Mississippi River Trail as a National Park Centennial project. Upon motion the documents
were received and filed.
Fiscal Year 2008 Annual Action Plan – Amendment #1: City Manager recommending
approval of Amendment #1 to the Fiscal Year 2008 (Program Year 2007) Annual Action Plan
for the use of Community Development Block Grant (CDBG) program funds. Upon motion the
documents were received and filed, and Resolution No. 359-07 Approving Amendment #1 to
the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for Community Development
Block Grant funds was adopted.
Iowa Department of Economic Development: City Manager recommending approval of a
technical assistance contract with the Iowa Department of Economic Development for
purposes of administration of the lead paint hazard reduction program. Upon motion the
documents were received, filed, and approved.
Asbury Road Widening at Sam’s Club: City Manager recommending acceptance of the
dedication of right-of-way and Grant of Easement for storm sewer and traffic signals needed
for construction of an additional eastbound lane on Asbury Road by Sam’s Club. Upon motion
the documents were received and filed, and Resolution No. 360-07 Accepting a conveyance of
easements over part of Lot 1 of Pfohl Farm to the City of Dubuque; Resolution No. 361-07
Approving the acquisition plat of a part of Lot 1 of Pfohl Farm in the City of Dubuque, Dubuque
County, Iowa, and accepting the dedication of right-of-way for Asbury Road; and Resolution
No. 362-07 Approving the acquisition plat of a part of Lot 2 of 2 of Pfohl Farm in the City of
Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Asbury
Road were adopted.
Mobile Data Computers for Fire Apparatus: City Manager recommending approval of the
selection of Racom to provide mobile data computers for fire apparatus. Upon motion the
documents were received, filed, and approved.
City of Asbury Voluntary Annexation: Steven R. McCann, City Development Board
Administrator, submitting the Filing of Written Decision in the matter of the City of Asbury
Voluntary Annexation within the urbanized area of the City of Dubuque.
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Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact
and Conclusions of Law and Determination in the matter of the City of Asbury Voluntary
Annexation including land without the consent of the owner and within the urbanized area of
the City of Dubuque. Upon motion the documents were received and filed.
Dubuque Drum and Bugle Corps: Communication from Greg Orwoll, Executive Director of
the Dubuque Drum and Bugle Corps, requesting that the residential parking restrictions around
Senior High School and any noise ordinances be suspended on July 6 and July 26, 2007 to
accommodate the Colts’ annual Music on the March. Motion by Cline to receive, file, and
approve the documents. Seconded by Braig. Cline reminded area residents of the event.
Motion carried 7-0.
2007 Property Tax Appeal: Communication from the Office of the City Assessor advising that
Catalin S. and Ioana V. Mamali have appealed their 2007 property tax assessment to the
Property Assessment Appeal Board in Des Moines. Upon motion the documents were received
and filed.
Alley between North Grandview Avenue and St. Ambrose Street: Communication from Leslie
Furuseth and Lloyd Seaman, et al, requesting that the City vacate the alley that is located
between North Grandview Avenue and St. Ambrose Street.
Communication from Kenneth J. Leppert, 2075 Sunnyview Drive, in opposition to the
vacating and closing of the alley between North Grandview Avenue and St. Ambrose Street.
Upon motion the documents were received, filed, and referred to the City Manager.
Third Street Overpass Light Replacement Project: City Manager recommending award of
the public improvement contract for the Third Street Overpass Lighting Project to Giese Sheet
Metal Company, Inc., in the amount of $39,474.60. Upon motion the documents were received
and filed, and Resolution No. 363-07 Awarding public improvement contract for the Third Street
Overpass Light Replacement Project was adopted.
Pedestrian Wayfinding Sign System Design: City Manager recommending award of the
public improvement contract for the Pedestrian Wayfinding Sign System Design Project to
McCullough Creative, in the amount of $77,268. Upon motion the documents were received
and filed, and Resolution No. 364-07 Awarding public improvement contract for the Pedestrian
Wayfinding Sign System to McCullough Creative, in the amount of $77,268, was adopted.
Shelter + Care Program Contract: City Manager recommending approval of a contract with
the US Department of Housing and Urban Development (HUD) for administration of the
Shelter + Care program. Upon motion the documents were received, filed, and approved.
I-Net Design and Planning Request for Proposal: City Manager recommending approval of
the issuance of a Request for Proposal for I-Net Design and Planning. Upon motion the
documents were received, filed, and approved.
Swiss Valley Farms: Communication from David Zwart, Swiss Valley Farms, requesting a
waiver for the construction of sidewalks along their Jackson Street frontage. Upon motion the
documents were received and filed and referred to the City Manager.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Rush Street
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(Bryant – Villa) Reconstruction Project; Calendar Year 2007 Pavement Parking Project; and
Asbury Plaza Area Wastewater Pumping Facilities Project. Upon motion the documents were
received and filed, and Resolution No. 365-07 Approving public improvement contracts and
bonds was adopted.
Liquor License Transfer: Request of the National Mississippi River Museum to transfer their
liquor license to the Alliant Amphitheater/Stone Cliff Parking Lot on August 1, 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. 366-07
Granting the issuance of sixteen (16) renewal licenses to sell cigarettes and cigarette papers;
Resolution No. 367-07 Granting the issuance of a Class “C” Beer Permit to Oky Doky #14,
Haun’s Specialty Meats, and Cedar Cross Amoco; and Resolution No. 368-07 Granting the
issuance of a Class “C” Beer/Liquor License to Knicker’s Saloon, House of China, Diamond Jo
Casino Portside, Murphs Southend Tap and American Legion Post #6; a Class “B” Wine Permit
to Haun’s Specialty Meats; a Class “WBN” Native Wine Permit to Haun’s Specialty Meats; a
Special Class “C” Liquor License to Jorja’s Restaurant; and a Special Class “C” Liquor (5-Day
Special Event) to Four Mounds Foundation were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as specified,
adopt the resolutions and direct the City Clerk to publish notice in the manner prescribed by
law. Seconded by Connors. Motion carried 7-0.
CIPP Lining Project: City Manager recommending initiation of the public bidding process for
the CIPP Lining Project and that a public hearing on the plans and specifications, form of
contract, and estimated cost be set for July 16, 2007. Upon motion the documents were
received and filed, and Resolution No. 369-07 Preliminary approval of plans and specifications,
form of contract, and estimated cost; setting date of public hearing on plans and specifications,
form of contract, and estimated cost; and ordering the advertisement for bids for the CIPP
Lining Project was adopted setting a public hearing for July 16, 2007, at a meeting to
commence at 6:30 p.m. in the Public Library Auditorium.
Dubuque Community Ice and Recreational Center: City Manager recommending that a
public hearing be set for July 16, 2007 to consider approval of a lease agreement with
Dubuque Community Ice and Recreational Center for a section of the McAleece Park and
Recreation Complex. Upon motion the documents were received and filed, and Resolution No.
370-07 Resolution of Intent to dispose of an interest in real property by lease agreement with
Dubuque Community Ice and Recreational Center was adopted setting a public hearing for
July 2, 2007 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium.
Individual Historic Designation – 40-42 Main: Communication from the Long Range
Planning Advisory Commission recommending that a public hearing be set for August 20, 2007
to consider approval of the Individual Historic Designation of 40-42 Main Street. Upon motion
the documents were received and filed, and a public hearing was set for August 20, 2007, at a
meeting to commence at 6:30 p.m. in the Public Library Auditorium.
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Historic Preservation Commission: (Two 3-year expired terms
through July 1, 2010 – terms of Stuart and Whalen). Applicants: Dave Stuart, John Whalen
Investment Oversight Advisory Commission: (Two 3-year expired terms through July 1,
2010 – terms of Ruden and Reisdorf). Applicants: Stephen Reisdorf, Gary Ruden
Long Range Planning Advisory Commission: (Two 3-year expired terms through July 1,
2010 – terms of Winterwood and Prochaska). Applicants: Dr. Charles Winterwood, James
Prochaska
TV Cable Teleprogramming Commission: (One 3-year expired term through June 30, 2010
– term of Everist). Applicant: Burton Everist
Zoning Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of
Bird and Stiles). Applicants: Eugene Bird, Jeff Stiles.
Applicants Eugene Bird and Jeff Stiles spoke in support of their re-appointment.
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Appointments were made to the following Boards/Commissions: 175 Anniversary
Celebration Coordinating Committee. Fifteen Member Ad Hoc Committee, Temporary Terms
(1 High School Student, 2 Young Professionals, 1 Historical Society Representative, 1
Chamber of Commerce Representative, 1 Arts Commissioner, 1 Telegraph Herald
Representative, 1 Education Representative, 6 Citizen Representatives)
Applicants: High School Student (1) – No applicants
Young Professionals (2). Applicants: Amanda Brechler, Scott Frost, Brooke Gassman,
Susan Hess, Jennifer Lien, Lindsey McNeeley-Moeller, Christopher Wand, Tammy Welbes,
Marcie Winkelman.
Historical Society Representative (1). Applicant: Meg Wall-Wild.
Chamber of Commerce Representative (1). Applicant: Sue Czeshinski.
Arts Commissioner (1): Applicants: Louise Kames, Amy Weber
Telegraph Herald Representative (1): Applicant: Diane Mohr
Education Representative (1): Applicant: Gary Olsen
Citizen Representatives (6): Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson,
Bart Kintzinger, Joseph Rapp, Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie
Weidemann, this appointment also included any eligible applicant not already appointed
Upon vote Michalski moved to appoint Christopher Wand, Lindsey McNeeley-Moeller, Meg
Wall-Wild, Sue Czeshinski, Amy Weber, Diane Mohr, Gary Olsen, Wallace Brown, Susan
Farber, Michael Gibson, Ralph Scharnau, Jennifer Tigges, and Katie Weidemann to temporary
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terms on the 175 Anniversary Celebration Coordinating Committee. Seconded by Connors.
Motion carried 7-0.
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Communication from Susan M. Hess regarding her application for the 175 Anniversary
Celebration Committee.
Connors encouraged recruitment for the teen applicant.
Library Board of Trustees: Four 4-year expired terms through July 1, 2011 (Terms of
Shubatt, Lindsay, Smith, and Avery). Applicants: Alan Avery, Susan Lindsay, Michael Shubatt,
Kristen Smith. Motion by Michalski to appoint Alan Avery, Susan Lindsay, Michael Shubatt,
Kristen Smith to 4-year expired terms through July 1, 2011. Seconded by Connors. Motion
carried 7-0.
Mechanical Board: One 3-year expired term through March 16, 2009 (Term of Geisler).
Applicant: Todd Geisler. Motion by Connors to appoint Todd Giesler to a 3-year expired term
through March 16, 2009. Seconded by Lynch. Motion carried 7-0.
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PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Port of Dubuque Parking Facilities Project: Proof of publication on notice of hearing to
consider the plans and specifications, form of contract, and estimated cost for the Port of
Dubuque Parking Facilities Project and City Manager recommending approval and further
recommending that the revised bid date of July 25, 2007 be approved. Motion by Connors to
receive and file the documents and adopt Resolution No. 371-07 Approving plans and
specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities
Project and Resolution No. 372-07 Ordering the re-advertisement for bids for the Port of
Dubuque Public Parking Facility Project. Seconded by Jones. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Serenity Ridge – Preliminary Plat: Zoning Advisory Commission recommending approval of
the preliminary plat of the Serenity Ridge Subdivision, with conditions. City Manager
recommending that Condition #1 be retained as part of the approval of the Serenity Ridge
Subdivision preliminary plat. Motion by Cline to receive and file the documents and approve
the recommendations of the Zoning Advisory Commission and the City Manager. Seconded by
Connors. John Herrig, 13668 Surrey Lane, requested that the condition be removed stating
that the speed limit should remain at 35 mph and that the road meets the 35 mph criteria. City
Engineer Gus Psihoyos said that Plaza Drive is currently 35 mph, but the road is designed for
45 mph, and that the average traffic speed on roads in the area is 40-45 mph. Braig said that
citizens shouldn’t pay for improvement of an intersection that a private developer will benefit
from. She favored not removing the condition. City Manager Van Milligen said that the City has
294 miles of street and that it cannot all be constantly enforced. He explained that HDR
strongly suggested improving the sight distance, and also that he is not suggesting the City
pay all of the cost of the improvement. Cline questioned why the City is making it convenient
for people to go over the speed limit. Zoning Advisory Commission Chairperson Jeff Stiles said
the Commission was going on the recommendation of the City Manager and that is was a
matter of safety. Michalski questioned if the intersection was safe at 35 mph. The required
condition is for improvement of the intersection to meet the 45 mph criteria, but the posted
speed limit remain at 35 mph. Jones favored increasing the safety of the intersection while not
increasing the speed limit. Connors agreed that the bottom line is safety. Motion carried 7-0.
Designation of Public Nuisance – 409 Burch Street: City Manager recommending that a
hearing be set to determine whether 409 Burch Street is a public nuisance according to
Chapters 23 and 26 of the Dubuque Code of Ordinances. Motion by Braig to set the hearing
for 6:30 p.m. on Monday, August 27, 2007 in the Public Library Auditorium. Seconded by Cline.
Michalski requested that the City Council be provided guidelines regarding the hearing. Motion
carried 7-0.
Cooper Management, LLC (Bricktown) Liquor License: City Manager recommending that a
hearing date be set to consider a 21-day suspension of the Cooper Management, LLC liquor
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license for their operation at 299 Main Street that includes Stonewall Lounge, Bricktown
Brewery and the Blackwater Grill. Motion by Cline to set a hearing at 6:30 p.m. on Wednesday,
July 18, 2007, in the Public Library Auditorium. Seconded by Braig. Motion carried 7-0.
Fiscal Year 2008 Dubuque County REAP Plan: City Manager recommending approval of the
City of Dubuque’s update of the Fiscal Year 2008 Dubuque County REAP Plan, submittal of
the Fiscal Year 2008 REAP grant application of $200,000 for the Trolley Line Trail at Eagle
Point Park and appointment of a City Council representative (currently Council Member Joyce
Connors) to the REAP Committee. Motion by Cline to receive and file the documents, adopt
Resolution No. 373-07 Authorizing a REAP Grant Application to the Iowa Department of
Natural Resources for Trolley Line Trail, and appoint Council Member Joyce Connors as the
Council representative. Seconded by Jones. Connors thanked Planning Services Manager
Laura Carstens for her hard work on the REAP Committee. Motion carried 7-0.
Identification Signs at the Dubuque Technology Park: City Manager recommending approval
of Design Option 4 submitted by Lange Sign Group of Dubuque as the design style for the
Dubuque Technology Park. Motion by Jones to receive and file the documents and approve.
Seconded by Cline. Motion carried 7-0.
Ice Harbor Transient Boat Dock Project: City Manager recommending award of the public
improvement contract for the Ice Harbor Transient Boat Dock Project to the only bidder, Newt
Marine Service, in the amount of $520,546.71, for the Alternate Bid – Floating Docks with
Composite Decking and further recommending that staff be authorized to review value
engineering design alternatives to evaluate project cost saving opportunities. Motion by Cline
to receive and file the documents and adopt Resolution No. 374-07 Awarding public
improvement contract for the Ice Harbor Transient Boat Dock Project. Seconded by Jones.
Motion carried 7-0.
Decorative Concrete Repair and Maintenance Project: City Manager recommending that
some of the elements of the Decorative Concrete Repair and Maintenance Project be delayed
for a future project and that the remaining elements be awarded to Tschiggfrie Excavating in
the amount of $227,449.45. Motion by Lynch to receive and file the documents and adopt
Resolution No. 375-07 Awarding public improvement contract for the Decorative Concrete
Repair and Maintenance Project. Seconded by Jones.
COUNCIL MEMBER REPORTS
Jones requested that staff look into the left turn visibility at the NW Arterial and Asbury Road
intersection. He said there is no visibility for the left turn and suggested replacing the left turn
on green with a green arrow only. City Engineer Gus Psihoyos said that staff has met with
IDOT to discuss concerns on that intersection as well as other intersections on the NW
Arterial. An action plan has been developed.
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PUBLIC INPUT
(None)
There being no further business, upon motion the City Council adjourned at 7:53 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 7/13
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