Minutes City Council 11 5 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on November 5, 2007, in the
Historic Federal Building
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 was provided by Mayor Roy D. Buol
PROCLAMATIONS
Philanthropy Day (November 15, 2007); Hospice of Dubuque Month (November, 2007) was
accepted by Carole Carroll, 141 Princeton Place; Dubuque National Family Week (November,
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2007) was accepted by Brian Stutzman, Four Oaks Foundation,180 W. 15 Street; Allison
Evans Day (November 5, 2007) was accepted by Allison Evans, 1450 Alta Vista Street.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Lynch. Planning Services Manager Laura Carstens requested (#23) Planning Excellence
Award be held for separate discussion, and Joyce Connors requested (#25) NICC Small
Business Director Award be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 9/4 and
9/24; City Council of 10/15 and 10/22; Civil Service Commission of 10/11; Investment
Oversight Advisory Commission of 10/24; Library Board of Trustee’s of 6/15, 6/28, 7/26, 8/9,
8/23 and 9/14; Park and Recreation Commission of 10/16
Proofs of publication of City Council Proceedings of October 1, 8, and 15, 2007 and List of
Claims and Summary of Revenues for month ending September 30, 2007
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Investment Oversight Advisory Commission submitting the 58 Quarterly Report. Upon
motion the documents were received and filed.
Notice of Claims/Suits: Robin Leib for property damage; Mike Moore/Holiday Inn Dubuque
for property damage; Terry Mozena for vehicle damage; James E. Newman for vehicle
damage; Ethel and Bill Schneider for property damage; Qwest/CMR Claims for property
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damage at 986 West 5, 996 West 5, 896 West 5, 999 West 5 and 995 West 5; Richard
Wright for vehicle damage; Robert E. Sabers et al. v. Callahan Construction, Inc. and the City
of Dubuque for personal injuries; Michael Burds and the Association of Professional
Firefighters, Local 353 v. City of Dubuque, an Iowa Municipal Corporation, Michael C. Van
Milligen, and Dan Brown; Latanji Threadgill for personal injury; Wesley A. Heimke for property
damage. Upon motion the documents were received and 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: James Newman for
property damage; Ethel and Bill Schneider for property damage; Richard L. Wright for vehicle
damage.
City Attorney recommending that the claim of Tom Hoffman for vehicle damage be referred
to Selco, Inc.; the claim of Robin Leib for vehicle damage be referred to River City Paving; the
claims of Qwest for property damage be referred to Horsfield Construction, Inc.; and the claim
of Holiday Inn Dubuque be referred to Portzen Construction.
City Attorney recommending settlement of the claim of Terry Mozena for vehicle damage
and directing the Finance Department to issue payment. Upon motion the documents were
received and filed and concurred.
Delta Queen: Communication from Neal Kapp urging support of legislation exempting the
Delta Queen from the provisions of the 1966 Safety at Sea Law.
Communication from Robert Blomberg requesting passage of a resolution in support of the
Delta Queen.
Upon motion the documents were received and filed and referred to the City Manager.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Water Pollution Control Plant Operator, Landfill Foreman, Water Plant Operator,
Police Lieutenant, Police Corporal, Fire Equipment Operator, Fire Lieutenant, Fire Captain,
Medical Officer, EMS Supervisor, Assistant Fire Marshal and Assistant Fire Chief. Upon motion
the documents were received and filed and made a Matter of Record.
GSS, Inc.: Communication from GSS, Inc., advising that U.S. Cellular Corp. (USCC) intends
to file an application to collocate antennas on an existing tower on an existing building at 1550
Clark Drive, Dubuque, Iowa. Upon motion the documents were received and filed.
Letter of Appreciation: Communication from Christine O. Corken, Assistant County Attorney,
expressing appreciation to the Police and Fire Departments for their assistance on Sunday,
October 14, 2007. Upon motion the document was received and filed.
Purchase of Property: City Manager recommending approval of the purchase of property at
the corner of White Street and US Hwy 61 from Plastic Center, Inc. for construction of a Port of
Dubuque sign. Upon motion the documents were received and filed and Resolution No. 517-07
Accepting the deed to certain real estate in Dubuque County, Iowa from Plastic Center, Inc.,
was adopted.
Community Development Block Grant (CDBG) Fiscal Year 2007 Annual Action Plan
Amendment: City Manager recommending approval of an amendment to the Fiscal Year 2007
Annual Action Plan to facilitate the reallocation of funds for the Cottingham and Butler
economic development project. Upon motion the documents were received and filed and
Resolution No. 518-07 Approving amendment to the Fiscal Year 2007 (Program Year 2006)
Annual Action Plan for Community Development Block Grant funds was adopted.
Emerald Acres No. 1 and 2: City Manager recommending acceptance of public
improvements that the developer, T-Corp, has completed in Emerald Acres No. 1 and No. 2,
which includes the sanitary sewer along Heritage Trail from Peru Road north to the subdivision.
Upon motion the documents were received and filed and Resolution No. 519-07 Accepting
improvements in Emerald Acres No. 1 and 2 was adopted.
Iowa Finance Authority: Communication from the Iowa Finance Authority advising that an
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Affordable Housing Tax Credit Application has been submitted for a project at St. Mary’s
Apartments. Upon motion the documents were received and filed.
UDAG – Genuine Genius Solutions, LLC: City Manager recommending approval of a
$40,000 Urban Development Action Grant (UDAG) loan agreement with Genuine Genius
Solutions, LLC. Upon motion the documents were received and filed and Resolution No. 520-
07 Approving a UDAG Loan of Forty Thousand Dollars ($40,000) to Genuine Genius Solutions,
LLC was adopted.
Medline Industries – CEBA Application: City Manager recommending approval of a
resolution authorizing the submission of a $480,000 Community Economic Betterment Account
(CEBA) program application to the Iowa Department of Economic Development on behalf of
Medline Industries, Inc. Upon motion the documents were received and filed and Resolution
No. 521-07 Authorizing the filing of a Community Economic Betterment Account (CEBA)
application on behalf of Medline Industries, Inc. was adopted.
McFadden Right-of-Way Acquisition: City Manager recommending approval to purchase
approximately 1.64 acres of land at $50,000 per acre and .5 acres of easement for $5,400
from the McFadden family for a proposed rail line. Upon motion the documents were received,
filed, and approved.
McFadden 2001 Agreement: City Manager recommending approval to provide the
McFadden family a $26,400 payment to be paid over three years, in lieu of the previous
commitment to construct a cattle underpass, at a projected cost of $50,000, as part of the
Chavenelle Street extension project. Upon motion the documents were received, filed, and
approved.
Dubuque Industrial Center West – North Siegert Farm: City Manager recommending
approval of the selection of IIW Engineers and Surveyors for the preliminary and final design of
the Dubuque Industrial Center West – North Siegert Farm for a cost not to exceed $203,010.
Upon motion the documents were received, filed, and approved.
Hwy 151/61 Development LLC: City Manager recommending approval of a third amendment
to the Development Agreement with Hwy 151/61 Development, LLC that extends several
deadlines based on the timing issues related to the Bee Branch project and the site
redevelopment. Upon motion the documents were received and filed and Resolution No. 522-
07 Authorizing Amendment #3 to a Development Agreement with Hwy 151/61 Development,
LLC, was adopted.
Economic Development Administration Grant: City Manager recommending approval of the
submittal of an application to the Economic Development Administration (EDA) for $75,000 in
financial assistance for a Master Plan of the Warehouse District. Upon motion the documents
were received and filed and Resolution No. 523-07 Approving an application for funding
assistance from the Economic Development Administration was adopted.
Agreement with Hillcrest Family Services: City Manager recommending approval of an
agreement with Hillcrest Family Services for the use of Murphy Park from October 26, 2007
through January 10, 2008 for a holiday light display. Upon motion the documents were
received, filed, and approved.
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Grand River Center Carpet Replacement Project: City Manager recommending acceptance
of the Grand River Center Carpet Replacement Project as completed by Commercial Flooring
in the final contract amount of $119,245. Upon motion the documents were received and filed
and Resolution No. 524-07 Accepting improvement and Resolution No. 525-07 Approving final
estimate were adopted.
Authorized Depository Institutions: City Manager recommending approval of a depository
resolution that increases the maximum balance for U.S. Bank from $20,000,000 to
$40,000,000. Upon motion the documents were received and filed and Resolution No. 526-07
Naming Depositories was adopted.
Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for
the period ending September 30, 2007. Upon motion the documents were received and filed.
Floodwall Pumping Station Improvement Projects: City Manager recommending acceptance
of the construction contract for the Floodwall Pumping Station Improvement Projects, as
completed by Kluck Construction, in the final contract amount of $465,730.81. Upon motion the
documents were received and filed and Resolution No. 527-07 Accepting Floodwall Pumping
Station Improvement Project and authorizing payment was adopted.
Planning Excellence Award: Communication from the Iowa Chapter of the American
Planning Association advising that the City of Dubuque has been selected to receive the Iowa
APA Planning Excellence Award for implementation of the Port of Dubuque Master Plan.
Motion by Jones to receive and file the document. Seconded by Connors. Planning Services
Manager Laura Carstens presented the award and expressed appreciation to the Council for
their support. Motion carried 7-0.
Iowa League of Cities: Communication from the Iowa League of Cities expressing gratitude
to the City of Dubuque for the assistance and support provided for the recent Iowa League of
Cities Annual Conference. Upon motion the documents were received and filed.
NICC Small Business Director Award: Press release announcing that Terry Sullivan, Iowa
Small Business Development Center Director at NICC, was named the 2007 Iowa State Star
by the Association of Small Business Development Centers. Motion by Connors to receive and
file the documents. Seconded by Michalski. Connors said Terry Sullivan is instrumental in
helping people in small business and wanted to publicly congratulate him. Motion carried 7-0.
Vehicle Maintenance Activity Replacement Truck: City Manager recommending approval to
replace Public Works Department Vehicle #3301, a ½ ton 4-wheel-drive service truck. Upon
motion the documents were received, filed, and approved.
Vehicle Maintenance Activity Software Purchase: City Manager recommending approval to
replace software for the Public Works Department’s Vehicle Maintenance Activity. Upon motion
the documents were received, filed, and approved.
Downtown Area Parking Needs Assessment Study: City Manager recommending approval
of awarding the contract for the Downtown Area Parking Needs Assessment Study to Walker
Parking and Associates in the amount of $91,000.00. Upon motion the documents were
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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. 528-07
Granting the issuance of one permit to sell cigarettes and cigarette papers in the City of
Dubuque; Resolution No. 529-07 Granting the issuance of a Class “C” Beer Permit to Plaza
20/BP Amoco, Kwik Stop Food Mart, and Target Store; and Resolution No. 530-07 Granting the
issuance of a Class “C” Beer/Liquor License to Bridge Restaurant, Loras College, and L. May;
and Class “B” Wine Permit to Target Store were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline 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 Connors. Motion
carried 7-0.
Residential Parking Permit District: City Manager recommending that a public hearing be set
for November 19, 2007 to consider amending Residential Parking Permit District A by
excluding from it that section of Grace Street from McCormick Street to a point 270 feet east of
McCormick Street. Upon motion the documents were received and filed and Resolution No.
531-07 Setting a public hearing on amending Residential Parking Permit District A to exclude
Grace Street, from McCormick Street to a point two hundred seventy (270) feet east of
McCormick Street was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on November 19, 2007, in the Historic Federal Building.
Quigley Lane – Vacating Petition: City Manager recommending that a public hearing be set
for November 19, 2007 to consider a request from David L. Clemens, representing Denise M.
Keller, for the vacating and purchase of a portion of Quigley Lane west of Pierce Street. Upon
motion the documents were received and filed and Resolution No. 532-07 Resolution of Intent
to vacate and dispose of City interest in Lot 1-6-A of Kringle’s Subdivision of Out Lot 743 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 November 19, 2007, in the Historic Federal Building.
Brunswick Street and Adjacent Alley – Vacating Petition: City Manager recommending that a
public hearing be set for November 19, 2007 to consider a request from Esther J. Thome to
vacate a portion of Brunswick Street south of Lawther Street and the northerly portion of an
alley west of Balke Street south of Lawther Street. Upon motion the documents were received
and filed and Resolution No. 533-07 Resolution of Intent to vacate and dispose of City interest
in Lot 49-A and Lot 66-A of Belmont Addition 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 November
19, 2007, in the Historic Federal Building.
Development Agreement – Medline Industries, Inc.: City Manager recommending that a
public hearing be set for November 19, 2007 to consider the disposition of approximately 10.43
acres in Dubuque Industrial Center West to Medline Industries, Inc. and approval of a
Development Agreement. Upon motion the documents were received and filed and Resolution
No. 534-07 Resolution of Intent to dispose of an interest in City of Dubuque real estate and
fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution
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of a Development Agreement relating thereto with Medline Industries, Inc., and providing for
the publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on November 19, 2007, in the Historic Federal Building.
Five Flags HVAC and Promenade Roof Replacement Project: City Manager recommending
initiation of the public bidding process for the Five Flags HVAC and Promenade Roof
Replacement Project and that a public hearing be set for November 19, 2007 to consider
approval of the plans and specifications. Upon motion the documents were received and filed
and Resolution No. 535-07 Preliminary approval of plans, specifications, form of contract, and
estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project;
Resolution No. 536-07 Setting date of public hearing on plans, specifications, form of contract,
and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project; and
Resolution No. 537-07 Ordering bids for the Five Flags HVAC and Promenade Roof
Replacement Project were adopted setting a public hearing for a meeting to commence at 6:30
p.m. on November 19, 2007, in the Historic Federal Building.
Greater Downtown Urban Renewal District: City Manager recommending that a public
hearing be set for December 17, 2007 to consider an amendment to the Greater Downtown
Urban Renewal District to expand the district to include the Warehouse District and portions of
property along South Main Street. Upon motion the documents were received and filed and
Resolution No. 538-07 Resolution of Necessity finding that certain areas adjacent to the
Greater Downtown Urban Renewal District meet the definition of a blighted area under the
Urban Renewal Law, and that development of said areas is necessary in the interest of the
residents of the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointment was made to the following Commission: Housing Advisory Trust Fund. One 3-
year at-large term through September 8, 2010 – Term of Walsh. Applicant: John Walsh. Motion
by Michalski to appoint John Walsh to the Housing Advisory Trust Fund Committee for a 3-
year expired term through September 8, 2010. Seconded by Braig. Motion carried 7-0.
ACTION ITEMS
General Obligation Bonds – Series 2007A: City Manager advising that the sale of General
Obligation Bonds to support sanitary sewer projects would be held on Monday, November 5,
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2007 and the results brought to the November 5 City Council meeting. Motion by Cline to
receive and file the documents and adopt Resolution No. 539-07 Directing sale of $1,055,000
General Obligation Bonds, Series 2007A. Seconded by Jones. Connors thanked the Finance
Department. Finance Director Ken TeKippe introduced Tionna Pooler, Senior Managing
Consultant from Public Financial Management, Inc. Ms Pooler reviewed the bid results,
answered questions, and recommended accepting the bids from UMB Bank for the 2007A
Series and Stiefel Nicolaus for the 2007B Series.
General Obligation Refunding Bonds – Series 2007B: City Manager advising that the sale of
General Obligation Refunding Bonds would be held on Monday, November 5, 2007 and the
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results brought to the November 5 City Council meeting. Motion by Michalski to receive and
file the documents and adopt Resolution No. 540-07 Directing sale General Obligation
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Refunding Bonds, Series 2007B. Seconded by Cline. Motion carried 7-0.
AmeriCorps Contract: City Manager recommending approval of a renewal application to the
Corporation for National and Community Service for Partners in Learning AmeriCorps Program
funding. Motion by Cline to receive and file the documents and adopt Resolution No. 541-07
Approving an application to the Corporation for National and Community Service for
AmeriCorps program funding. Seconded by Connors. Michalski said that the City Council
almost gave up on this program and it is now in its eighth year and very successful. Motion
carried 7-0.
Dubuque as a Sustainable Community: City Manager recommending approval of the
selection of Down to Earth Solutions to provide consulting services for various activities
promoting sustainable community projects as part of the City’s “green” initiative. Motion by
Cline to receive and file the documents and approve. Seconded by Braig. Housing and
Community Development Director David Harris said that this fits in with the Neighborhood
Revitalization areas and includes education, demonstration projects, and energy use
promotion. Motion carried 7-0.
Legislative Priorities: City Manager submitting the City’s Legislative Priorities for the 2008
Legislative Session. Motion by Connors to receive and file the documents and approve.
Seconded by Jones. Motion carried 7-0.
There being no further business, Cline moved to adjourn. Seconded by Cline. Motion
carried 7-0. Meeting adjourned at 7:07 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 11/14
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