7 2 07 Clerk's Skeleton Notes,~~~
CITY COUNCIL REGULAR SESSION, JU 8, 2007
COUNCIL MET IN RE ULAR SESSION T 6:30 P.M. IN E LIBRARY AUDITORIUM
• PRESE T: MAYO BUOL COUNCIL MEMBERS RAIG C ~ E CO NORS JO S
LYNC,I~i, MICF~-LSKI
,~
CITY MANAGER VAN~IVIILLIGEN; CITY ATTORNEY L~NDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Reverend Wayne Ressler, St. Raphael's Cathedral
PRESENTATION: 2007 Program of the Year Award for the HEART Program Partnership.
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CONSENT ITEMS
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1. 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
Suggested Disposition: Receive and File
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2. 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; Helen Sherman for personal injury; Paul Schiffman
for personal injury
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: 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.
Suggested Disposition: Receive and File; Concur
2
3. 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.
Suggested Disposition: Receive and File; Approve
4. John F. Kennedy Sidewalks
Communication from Nancy McKillip in opposition to the installation of sidewalks on the
east side of John F. Kennedy Road.
Suggested Disposition: Receive and File
5. 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.
RESOLUTION ~~~ 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
Suggested Disposition: Receive and File; Adopt Resolution
6. 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.
Suggested Disposition: Receive and File
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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7. 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.
Suggested Disposition: Receive and File
8. 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.
RESOLUTION _ ~~ ~ Approving Amendment #1 to the Fiscal Year 2008
(Program Year 2007) Annual Action Plan for Community Development Block Grant
funds
Suggested Disposition: Receive and File; Adopt Resolution
9. 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.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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4
• 10. 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.
RESOLUTION ~~ ~~ Accepting a conveyance of easements over part of
Lot 1 of Pfohl Farm to the City of Dubuque
RESOLUTION ~~ ~ 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
RESOLUTION ~~~~-- 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
Suggested Disposition: Receive and File; Adopt Resolutions
11. Mobile Data Computers for Fire Apparatus
City Manager recommending approval of the selection of Racom to provide mobile data
computers for fire apparatus.
Suggested Disposition. Receive and File, Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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. 12.
13.
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.
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.
Suggested Disposition: Receive and File
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.
Suggested Disposition: Receive and File; Approve
14. 2007 Property Tax Appeal
Communication from the Office of the City Assessor advising that Catalin S. and loa ,a~
V. Mamali have appealed their 2007 property tax assessment to the Property
Assessment Appeal Board in Des Moines. ~ ~~~
Suggested Disposition: Receive and File
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Ayes Nays
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15. 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.
Suggested Disposition: Receive and File; Refer to City Manager
16. 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.
RESOLUTION ~ ~~~ Awarding public improvement contract for the Third
Street Overpass Light Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
17. 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.
RESOLUTION , ~~ ~~ Awarding public improvement contract for the
Pedestrian Wayfinding Sign System to McCullough Creative, in the amount of $77,268
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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18. 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.
Suggested Disposition: Receive and File; Approve
19. 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.
Suggested Disposition: Receive and File; Approve
20. Swiss Valley Farms
Communication from David Zwart, Swiss Valley Farms, requesting a waiver for the
construction of sidewalks along their Jackson Street frontage.
Suggested Disposition: Receive and File; Refer to City Manager
21. Improvement Contracts /Performance, Payment and Maintenance Bonds
RESOLUTION ~ ~~ Approving public improvement contracts and bonds
-- Rush Street (Bryant -Villa) Reconstruction Project
-- Calendar Year 2007 Pavement Parking Project
-- Asbury Plaza Area Wastewater Pumping Facilities Project
Suggested Disposition: Receive and File; Adopt Resolution
22. 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.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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23. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION .~~~ Granting the issuance of sixteen (16) renewal licenses
to sell cigarettes and cigarette papers
RESOLUTION ~ ~ ~ Granting the issuance of a Class "C" Beer Permit to
Oky Doky #14, Haun's Specialty Meats, and Cedar Cross Amoco
RESOLUTION J~ ~ 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 Restaurant; and a Special Class "C" Liquor (5-
Day Special Event) to Four Mounds Foundation
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
10
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
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1. CIPP Lining Project -July 16, 2007
2. Dubuque Community Ice and Recreational Center -July 16, 2007
3. Individual Historic Designation - 40-42 Main -August 20, 2007
1. 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.
RESOLUTION ~ G~~ 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
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/16107
2. 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.
RESOLUTION ~i U of Intent to dispose of an interest in real property by
lease agreement with Dubuque Community Ice and Recreational Center
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Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7116/07
• 3. 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.
Suggested Disposition: Receive and File; Public Hearing 8/20107
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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BOARDS/COMMISSIONS
• Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next Ci
Council meeting, i
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 ~/~
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Zoning Advisory Commission
(Two 3-year expired terms through July 1, 2010 -terms of Bird and Stiles)
Applicants: Eugene Bird, Jeff Stiles, Giles it ~ ~
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Appointments to the following Boards/Commissions:
175th Anniversary Celebration Coordinating Committee
• Fifteen Member Ad Hoc Committee, Temporary Terms
(1 High School Student, 2 Young Professionals, 1 Historical Society Representative,
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)
Amanda Brechler, Scott Frost, Brooke Gassman, Susan Hess, Jennifer Lien, Lindsey
McNeeley-Moeller, Christopher Wand, Tammy Welbes, Marcie Winkelman
Connors Jones L nch Michalski Brai Buol ~ Cline
Brechler
Frost
Gassman
Hess
Lien
McNeele
Wand
Welbes
Wilkelman
•
Historical Society Representative (1) ,~
Meg Wall-Wild
~ye Nays
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Jones
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Chamber of Commerce Representative (1)
Sue Czeshinski y
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
Arts Commissioner (1)
Louise Kames, Amy Weber
Connors Jones L nch Mich lski Brai Buol Cline
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Weber
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Telegraph Herald Representative (1) ~~
Diane Mohr
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
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Education Representative (1)
Gary Olsen
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
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Citizen Representatives (6)
Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp,
Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann, and any applicant not
already appointed
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Communication from Susan M. Hess regarding her application for the 175th Anniversary Celebration
Committee.
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Library Board of Trustees
Four 4-year expired terms through July 1, 2011 (Terms of Schubatt, Lindsay, Smith, and
Avery)
Applicants:
Alan Avery, Susan Lindsay, Michael Schubatt, Kristen Smith
Aye Nays
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Mechanical Board
One 3-year expired term through March 16, 2009 (Term of Geisler)
Applicant:
Todd Geisler
A,Yes Nays
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PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
Ayes Nays
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1. 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.
RESOLUTION ~ % ~ Approving plans and specifications, form of contract,
and estimated cost for the Port of Dubuque Parking Facilities Project
RESOLUTION ~ i ~~ Ordering the re-advertisement for bids for the Port of
Dubuque Public Parking Facility Project
Suggested Disposition: Receive and File; Adopt Resolutions
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REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
These are items where discussion is held by the City Council -public comments are not
allowed except as authorized by the Mayor.
•,
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. ,
Suggested Disposition: Receive and File; Approve
ye Nays
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•
2. 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.
Suggested Disposition: Receive and File; Set Hearing
Ayes Nays
~~ Connors
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Ayes Nays
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3. 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 license for their operations at 299
Main Street that includes Stonewall Lounge, Bricktown Brewery and the Blackwater
Grill.
Suggested Disposition: Receive and File; Set Hearing
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4. 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.
RESOLUTION ~/~ Authorizing a REAP Grant Application to the
Iowa Department of Natural Resources for Trolley Line Trail
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Suggested Disposition: Receive and File; Adopt Resolution; Council ~
Appointment
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•
Ayes Nays
Ayes Nays
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5. 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.
Suggested Disposition: Receive and File; Approve
~yyes Nays
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6. Ice Harbor Transient Boat Dock Project
RESOLUTION ,.~~ ~ Awarding public improvement contract for the 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.
Suggested Disposition: Receive and File; Adopt Resolution
•
Ayes Nays
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7. Decorative Concrete Repair and Maintenance Project
City Manager recommending that some of the element 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.
RESOLUTION ~~~ Awarding public improvement contract for the
Decorative Concrete Repair and Maintenance Project ~r ~~,~
Suggested Disposition: Receive and File; Adopt Resolution
•
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COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)(j) 2005 Code of Iowa
Motion to go into Closed Session at '~ ~~ ~•%~
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Motion to adjourn at
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