Minutes City Council 9 4 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on September 4, 2007, in the
Public Library Auditorium.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of discussing
such matters which may properly come before the Council.
INVOCATION
Invocation was provided by Reverend Dwayne Thoman, Nativity Church.
PROCLAMATIONS
Dubuque Regional Dragon Boat Festival (September 8 and 9, 2007) was accepted by Doug
McCallum, 9442 Noonan Street; National Assisted Living Week (September 9 – 15, 2007).
PRESENTATION
The Community Partner in Education Award was presented to the City by Dubuque Community
Schools Superintendent John Burgart.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Braig. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 8/20 and 8/22; Proof of publication of City
Council Proceedings of August 6, 2007 and List of Claims and Summary of Revenues for month
ended July 31, 2007; Library Board of Trustees Update from meeting of June 27, 2007. Upon
motion the documents were received and filed.
Notice of Claims/Suits: Ryan and Brenda Duve for property damage; Teri Noel for property
damage. Upon motion the documents were received and filed 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: Ryan Duve for property damage.
City Attorney recommending that the claim of Teri Noel for property damage be referred to
Tricor Insurance and Financial Services, insurer for Fred Jackson Tuckpointing.
Upon motion the documents were received, filed and concurred.
Five Flags Commission: Communications from Mark Nauman and Mike Brannon submitting
their resignations from the Five Flags Civic Center Commission. Upon motion the documents were
received and filed and resignations accepted.
John F. Kennedy Road Sidewalks: Communications from Marion Martin Pliner, 2690 Marywood
Drive, and Sheri and Pat Clancy, 2691 Marywood Drive, in opposition to the installation of
sidewalks on John F. Kennedy Road. Upon motion the documents were received and filed.
Port of Dubuque Recognition Wall: City Manager recommending acceptance of the Port of
Dubuque Recognition Wall Project as completed by Tricon General Construction in the final
contract amount of $148,000.00. Upon motion the documents were received and filed and
Resolution No. 445-07 Accepting the Port of Dubuque Recognition Wall Project and authorizing the
payment of the contract amount to the contractor was adopted.
Rail/Passenger Station Analysis in Port of Dubuque: City Manager recommending approval to
hire Frank Hall, a retired Amtrak employee, as a consultant to investigate the best potential
platform/station site for a passenger rail station to service Amtrak in Dubuque. Upon motion the
documents were received, filed, and approved.
International Union of Operating Engineers, Local #758: City Manager recommending approval
of an amendment to the collective bargaining agreement with the International Union of Operating
Engineers, Local #758, to provide for a work week that consists of ten hours per day and four days
per week for full-time Public Safety Dispatchers. Upon motion the documents were received, filed,
and approved.
Workers’ Compensation Excess Insurance: City Manager recommending approval of the
selection of Safety National as the City’s excess workers’ compensation carrier, effective July 1,
2007 through June 30, 2009. Upon motion the documents were received, filed, and approved.
Purchase of Property – 509 Lincoln Avenue: City Manager recommending approval of the
purchase of a residential rental dwelling located at 509 Lincoln Avenue as part of the acquisition
program associated with the Bee Branch Creek Restoration Project. Upon motion the documents
were received and filed and Resolution No. 446-07 Approving the acquisition of real estate located
at 509 Lincoln Avenue in the City of Dubuque was adopted.
Purchase of Property – 2010 Kniest Street: City Manager recommending approval of the
purchase of a residential rental dwelling located at 2010 Kniest Street as part of the acquisition
program associated with the Bee Branch Creek Restoration Project. Upon motion the documents
were received and filed and Resolution No. 447-07 Approving the acquisition of real estate located
at 2010 Kniest Street in the City of Dubuque was adopted.
Eagle Point Plant Clear Well Rehabilitation Project: City Manager recommending award of the
public improvement contract for the Eagle Point Plant Clear Well Rehabilitation Project to Tricon
General Construction Group in the amount of $751,180.00. Upon motion the documents were
received and filed and Resolution No. 448-07 Awarding public improvement contract for the Eagle
Point Water Plant Clear Well Reservoir Rehabilitation Project was adopted.
Plastic Center, Inc. / Sam’s Club Project: City Manager recommending acceptance of the Quit
Claim Deed from Plastic Center, Inc. for additional public right-of-way along Asbury Road for the
east lane widening project. Upon motion the documents were received and filed and Resolution
No. 449-07 Accepting the deed to certain real estate in Dubuque County, Iowa from Plastic Center,
Inc., d/b/a The Fischer Companies was adopted.
Terminal Street Pumping Station Electrical Upgrade – Request for Proposals: City Manager
recommending approval of the issuance of a Request for Proposals (RFP) for the Terminal Street
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Pumping Station Electrical Upgrade project. Upon motion the documents were received, filed, and
approved.
2007 Justice Assistance Grant (JAG): City Manager recommending approval and acceptance of
the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $53,747 to
provide funds for overtime for illegal drug investigations and special enforcement teams and
authorize the signing of the award document. Upon motion the documents were received, filed,
and approved.
Flora Park Horseshoe Courts: City Manager advising that the Flora Park horseshoe courts have
received the Horseshoe Court Sanction Certificate from the National Horseshoe Pitchers
Association of America which will allow sanctioned leagues and tournaments. Upon motion the
documents were received, filed, and approved.
East Central Intergovernmental Association: Communication from Mark Schneider, requesting
City Council approval of the submission of an application to the Hazard Mitigation Grant Program
to the Iowa Homeland Security and Emergency Management (HSLEM) to secure funding to assist
with the updating of the City’s Pre-Disaster Mitigation Plan. Upon motion the documents were
received and filed and Resolution No. 450-07 Designating ECIA as the Applicant for the Hazard
Mitigation Grant Program and Resolution No. 451-07 Designating an authorized representative
(Mark Schneider) for the Hazard Mitigation Grant Program were adopted.
Liquor License Transfer: Transfer of the liquor license of the Rotary Club of Dubuque from the
Grand Opera House to 1000 Jackson Street on September 15, 22, 29 and October 6, 2007 for
Voices from the Warehouse. 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. 452-07
Granting the issuance of three new permits to sell cigarettes and cigarette papers within the City to
Road Ranger #159, #160 and #161; Resolution No. 453-07 Granting the issuance of three renewal
permits to sell cigarettes and cigarette papers within the City to A & B Tap, Aragon Tap, Cedar
Cross Amoco, and Cue Master Billiards; Resolution No. 454-07 Granting the issuance of a Class
“B” Beer Permit (Special 5-Day License) to Carlos O’Kelly’s; and Class “C” Beer Permit to Kwik
Stop Food, Phillips 66/Arby’s, Road Ranger #159, Road Ranger #160, and Road Ranger #161;
and Resolution No. 455-07 Granting the issuance of a Class “C” Beer/Liquor License to Fat
Tuesdays, Lucky 13 Tap, Angie’s Bar, National Mississippi River Museum, and Chances R; and a
Class “B” (WBN) Native Wine to Diamond Jo (Portside) and Kwik Stop Food Mart were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Michalski to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 7-
0.
University of Dubuque Residential Parking Permit District: City Manager recommending that a
public hearing be set for September 17, 2007, to consider a request from the University of
Dubuque for proposed changes to parking on City streets in and around the University of Dubuque
campus. Upon motion the documents were received and filed and Resolution No. 456-07 Setting a
public hearing on amending Residential Parking Permit District A to exclude McCormick Street,
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from Grace Street to Bennett Street, and Bennett Street, from McCormick Street to Algona Street
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 17,
2007, at the Historic Federal Building.
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards/Commissions. Civic Center Commission:
Three 3-year expired terms through June 29, 2010 – Terms of Bakke, Brannon, Nauman.
Applicant: Rod Bakke.
Appointments to the following Boards/Commissions: Civil Service Commission (Mayor’s
Appointment). One 4-year vacant term through April 6, 2008 – Term of Wertzberger. Applicants:
John Stevens, Paula Gieseman. Mayor Buol appointed Paula Gieseman to a 4-year vacant term
through April 6, 2008, with City Council concurrence.
Zoning Advisory Commission: One 3-year vacant term through July 1, 2009 – Term of Bichell.
Applicant: Charles Miller. Motion by Michalski to appoint Charles Miller to a 3-year vacant term
through July 1, 2009. Seconded by Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Raven Oaks – Request to Vacate: Proof of publication on notice of hearing to consider a
request from Kluck Construction to vacate a portion of Raven Oaks Drive abutting Lot 4 of Raven
Oaks No. 2 and City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 457-07 Approving plat of proposed vacated portion of Raven
Oaks Drive; Resolution No. 458-07 Vacating Lot 4A of Raven Oaks No. 2 in the City of Dubuque,
Dubuque County, Iowa; and Resolution No. 459-07 Disposing of City interest in Lot 4A of Raven
Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-
0.
Vacation and Sale of Undeveloped Alley: Proof of publication on notice of hearing to consider
the vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant to SB
Development, LLC and City Manager recommending approval. Motion by Cline to receive and file
the documents and withdraw from consideration. Seconded by Connors. Motion carried 7-0.
Town Clock Renovation Project: Proof of publication on notice of hearing to consider approval of
the plans and specifications, form of contract, and estimated cost for the Town Clock Renovation
Project and City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 460-07 Approving plans and specifications, form of contract
and estimated cost for the Town Clock Renovation 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
Open Letter to Community: Letter from the Mayor and City Council to the community of
Dubuque. Motion by Cline to receive and file the documents. Seconded by Connors. Michalski
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confirmed that she had signed the letter despite a newspaper misprint. Jones commended the
family’s reasonable and compassionate response. Motion carried 7-0.
409 Burch Street: Communication from Joseph J. Bitter requesting that the hearing regarding
the property located at 409 Burch Street be continued for at least two weeks.
City Manager recommending that the Mayor and City Council set a date for a hearing to
determine whether 409 Burch Street is a public nuisance according to Chapters 23 and 26 of the
Dubuque Code of Ordinances.
Motion by Cline to receive and file the documents and schedule a hearing for a meeting to
commence at 6:30 p.m. on October 8, 2007, at the Historic Federal Building. Seconded by
Connors. Motion carried 7-0.
Downtown Rehabilitation Loan and Façade Grant – Interstate Building, LLLP: City Manager
recommending approval of a Letter of Commitment for the Downtown Rehabilitation Loan and
Façade Grant for Interstate Building, LLLP to support their rehabilitation of the former Interstate
Power Company Building. Motion by Cline to receive and file the documents and adopt Resolution
No. 461-07 Authorizing a Letter of Commitment and additional actions concerning a Downtown
Rehabilitation Loan and Façade Grant for the former Interstate Power Company building.
Seconded by Connors. Motion carried 7-0.
Downtown Rehabilitation Loan and Façade Grant – Butt’s Florist: City Manager recommending
approval of a Letter of Commitment for the Downtown Rehabilitation Loan and Façade Grant for
Butt’s Florist, Inc. to support their rehabilitation of property located at 233-241 Main Street. Motion
by Connors to receive and file the documents and adopt Resolution No. 462-07 Authorizing a
Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan and
Façade Grant for the Butt’s Florist building. Seconded by Cline. Motion carried 7-0.
Memorandum of Understanding – Miller Development Group: City Manager recommending
approval of a Memorandum of Understanding between the City of Dubuque and Miller
Development Group to redevelop property located at 40-42 Main Street in downtown Dubuque.
Motion by Cline to receive and file the documents and adopt Resolution No. 463-07 Approving a
Memorandum of Understanding with Miller Development Group for the redevelopment of 40 – 42
Main Street. Seconded by Lynch. Michalski said that these are three great projects. Braig said that
the City’s commitment to downtown Dubuque is very exciting. Motion carried 7-0.
Offer to Purchase – Dubuque Initiatives: City Manager recommending approval to purchase
approximately 1.8 acres in the Dubuque Industrial Center from Dubuque Initiatives to provide a site
for a West-end Fire Station. Motion by Cline to receive and file the documents and adopt
Resolution No. 464-07 Approving an Offer to Buy real estate for real estate located in the Dubuque
Industrial Center in the City of Dubuque. Seconded by Connors. Michalski said that the City
Council members of Dubuque Initiatives were not involved in the negotiations. Motion carried 7-0.
Loras College – Request to Purchase: Communication, dated August 8, 2007, from James E.
Collins, President of Loras College, requesting to purchase the portion of Cox Street located
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between Loras Boulevard and 17 Street.
Communication, dated August 28, 2007, from James E. Collins, President of Loras College,
regarding the purchase of a portion of Cox Street and requesting that the issue be referred to the
City Manager.
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Communication from Margaret Breese, 711 West 17 Street, in opposition to the requested
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purchase of Cox Street by Loras College. Motion by Jones to receive and file the documents and
deny the request. Seconded by Connors. Jones said that he had heard from a number of residents
who believe the City should not be selling a public street that people need. Connors suggested
working out a solution with the college. She could not support the request; and if Loras College
needed to close the street, they should submit a Special Events permit. Michalski said a public
street should not be turned over to a private entity. She cited the same issue with Clarke College
regarding a cul-de-sac that was voted down unanimously. Braig questioned if she can vote
because she works at Loras College. City Attorney Lindahl said yes she could. She also said that
of the two letters received from Loras College, the second letter stated the street would only be
closed occasionally. If the request was granted, Loras College would be giving back to the City by
maintaining the street. Buol questioned whether or not restrictions could be put on the sale. Lindahl
said yes, restrictions could be placed on the sale. Motion to deny request carried 5-2 with Buol and
Braig voting nay.
Green Communities Initiative: City Manager providing an update on establishing Dubuque as a
Green Community and requesting City Council approval. Assistant City Manager Steinhauser
provided a presentation. Motion by Cline to receive and file the documents and approve the
recommendation. Seconded by Lynch. Braig asked if a citizen wants to be on the committee, can
they contact Assistant City Manager Steinhauser or would it be up to City Council. She said that
the neighborhood associations have good representatives and the committee will get good citizen
input from them throughout the process. Cline said neighborhood associations are good for the
community and anyone wanting an association in their area should contact Neighborhood
Development Specialist Jerelyn O’Connor. Buol said citizens will be heard. Motion carried 7-0.
Iowa League of Cities Conference Budget: City Manager recommending that the budget for the
City to host the Iowa League of Cities Conference be increased from the existing $10,000
allocation, up to $14,845. Motion by Michalski to receive and file the documents and approve.
Seconded by Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors said that local school and city elections will be taking place in the next two months
reminding everyone to attend forums and get involved.
There being no further business, upon motion the meeting adjourned at 7:51 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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