Minutes City Council Proceedings 10 6 08
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on October 6, 2008 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Lynch, Resnick, Voetberg, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Jones
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 City Council.
Invocation was provided by Senior Pastor Chip Gatto, Christ Church of Dubuque
PROCLAMATIONS
Trick or Treat Night (October 31, 2008); Week without Violence (October 12 – 18, 2008)
was accepted by Sr. Charla Bulko of the Dubuque Community Y; Save for Retirement Week
(October 19 – 25, 2008) was accepted by Personnel Director Randy Peck; Disability
Awareness Month (October 2008) was accepted by Arts and Humanities Month (October
2008) was accepted by Arts and Cultural Affairs Advisory Commission Chairperson Louise
Kames; White Cane Safety Day (October 15, 2008) was accepted by Shirley Conrad, Vice
President, Tri-State Blind Society; and Make-a-Will Month (October 2008) was accepted by
Library Directory Susan Henricks.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Voetberg. Motion carried 6-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/22; City
Council of 9/15, 9/18 and 10/1; Civil Service of 5/2; Electrical Code Board of 9/22; Housing
Commission of 7/22; Library Board of Trustees of 6/24 and 7/24; Park and Recreation
Commission of 9/9
Proof of publication of City Council Proceedings of September 2, 2008 and List of Claims
and Summary of Revenues for month ending August 1, 2008.
Upon motion the documents were received and filed.
Notice of Claims/Suits: Judith A. McMahon vs City of Dubuque – Grand River Center;
Nationstar Mortgage LLC vs Kevin Jerome Potter and City of Dubuque Housing and
Community Development Department; Jane Spurling for vehicle damage; Deutsche Bank
National Trust Company vs City of Dubuque, et al. Upon motion the documents were received
and filed and referred to the City Attorney.
City Attorney recommending denial of the claim of Leonard W. Dress, Jr. for vehicle
damage.
City Attorney recommending settlement of the claim, which was previously denied, of
Theresa Walsh for parking fines and towing expenses.
Upon motion the documents were received and filed and concurred.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Dubuque Millworking Historic District has been accepted for nomination to the
National Register of Historic Places. Upon motion the document was received and filed.
Montcrest Sanitary Sewer Extension Project: City Manager recommending award of the
public improvement contract for the Montcrest Sanitary Sewer Extension Project to McDermott
Excavating, in the amount of $54,310.83. Upon motion the documents were received and filed
and Resolution No. 339-08 Awarding public improvement contract for the Montcrest Sanitary
Sewer Extension Project was adopted.
Washington Neighborhood/Housing Trust Fund Application: City Manager recommending
approval of a Housing Trust Fund Application to the Iowa Finance Authority for $250,000 for
continued support of homeownership activities in the Washington Neighborhood. Upon motion
the documents were received and filed and Resolution No. 340-08 Approving commitment of
matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust
Funds was adopted.
Lofts at Cathedral Square: City Manager recommending approval of a Housing Enterprise
Zone Program Agreement by and among the Iowa Department of Economic Development, the
City of Dubuque, and Lofts at Cathedral Square to provide 25 new housing units in the
downtown. Upon motion the documents were received and filed and Resolution No. 341-08
Approving a Housing Enterprise Zone Program Agreement by and among the Iowa
Department of Economic Development, the City of Dubuque and Lofts at Cathedral Square
was adopted.
Greenfield Development, LLC: City Manager recommending approval of a Housing
Enterprise Zone Program Agreement by and among the Iowa Department of Economic
Development, the City of Dubuque, and Greenfield Development, LLC to provide four new
housing units in the downtown. Upon motion the documents were received and filed and
Resolution No. 342-08 Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and Greenfield
Development, LLC, was adopted.
Agreement with Hillcrest Family Services: City Manager recommending approval of an
agreement with Hillcrest Family Services for the use of Murphy Park for a holiday light display.
Upon motion the documents were received, filed, and approved.
Cedar Street / City Island Pumping Station Project: City Manager recommending
acceptance of the Cedar Street / City Island Pumping Station Project as completed by Portzen
Construction of Dubuque Iowa, in the final amount of $1,441,581.41. Upon motion the
documents were received and filed and Resolution No. 343-08 Accepting the Cedar Street /
City Island Pumping Station Project was adopted.
Legislative Correspondence: Communication to State Legislators thanking them for their
support to secure funding assistance to return passenger rail service to Dubuque. Upon motion
the documents were received and filed.
AmeriCorps School District Contract: City Manager recommending approval of the
AmeriCorps’ Volunteer Contract with the Dubuque Community School District. Upon motion
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the documents were received, filed, and approved.
Purchase of Property – 2345 Elm Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2345 Elm 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. 344-08 Approving the acquisition of
real estate located at 2345 Elm Street in the City of Dubuque, Iowa, was adopted.
Purchase of Property – 2259 Prince Street: City Manager recommending approval of the
purchase of a residential dwelling located at 2259 Prince 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. 345-08 Approving the acquisition of
real estate located at 2259 Prince Street in the City of Dubuque, Iowa, was adopted.
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Purchase of Property – 505 / 507 East 22 Street: City Manager recommending approval of
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the purchase of a residential rental dwelling located at 505 / 507 East 22 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. 346-08 Approving the acquisition of
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real estate located at 505 / 507 East 22 Street in the City of Dubuque, Iowa, was adopted.
Purchase of Property – 2124 / 2126 Kniest Street: City Manager recommending approval of
the purchase of a residential rental dwelling located at 2124 / 2126 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. 347-08 Approving the acquisition of
real estate located at 2124 / 2126 Kniest Street in the City of Dubuque, Iowa, was adopted.
28E Agreement – Iowa Alcoholic Beverages Division: City Manager recommending approval
of a 28E Agreement with the Iowa Alcoholic Beverage Division regarding tobacco compliance
checks. Upon motion the documents were received, filed, and approved.
Certificate of Completion – Chavenelle Warehouse Development: City Manager
recommending approval of the issuance of a Certificate of Completion to Chavenelle
Warehouse Development, LLC acknowledging completion of their obligations to construct
Minimum Improvements for Theisen Supply, Inc. in the Dubuque Industrial Center West. Upon
motion the documents were received, filed, and approved.
Holliday Third Addition - Stormwater Facilities Fee Agreement: City Manager recommending
approval of the assignment of interest in the Stormwater Facilities Agreement for Holliday 3rd
Addition from Gomer Holliday Development, LLC to West Hospitality, LLC. Upon motion the
documents were received, filed, and approved.
Liquor License Transfer: Request of Revive, Inc. to transfer the liquor license of The Gym
from 1097 Elm Street to 1000 Jackson Street for a one-day event on October 11, 2008. Upon
motion the document was received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 348-08 Granting the issuance of a Class “C” Beer Permit to Target Store and Hy-Vee Gas
#2; and Resolution No. 349-08 Granting the issuance of a Class “C” Beer/Liquor License to
Grand River Center, Loras College Athletic/Wellness Center, The Grand Tap, Dog House, and
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Michael Paul’s; Special Class “C” Liquor License to Café Manna Java; Special Class “C”
Liquor License (6 Month) to Mindframe Theaters; Class “B” Wine Permit to Target Store; and
Class “B” Native Wine Permit to Solon Langworthy House were adopted.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Arts and Cultural Affairs Advisory Commission
(Business/Professional, Live/Work in Cultural District). One 3-year term through June 30, 2008
(Term of Weber). Applicant: Julie Steffen, 2260 Coates Street, Employed with Prudential
Financial. Ms. Steffen spoke in support of her appointment.
Appointments to the following Boards/Commissions: Environmental Stewardship Advisory
Commission: One 3-year term through October 1, 2011 (Term of O’Toole). Applicants: Edward
Cawley, 598 Needham Place; Marie Cigrand OSF, 1049 Rush Street (Additional Applicant);
Brendan Houlihan, 2155 Morningview Road (Additional Applicant). Upon a tied vote,
appointment was postponed to October 20, 2008.
Human Rights Commission: One 3-year term through January 1, 2011 (Term of Chatfield).
Applicant: Jim Allan, 850 Hawkeye Drive. Motion by Braig to appoint Jim Allan to the Human
Rights Commission for a 3-year term through January 1, 2011. Seconded by Connors. Motion
carried 6-0.
Library Board of Trustees (Mayoral appointment): One 4-year term through July 1, 2009
(Term of Hauder). Applicants: Matthew Seamer, 432 Summit Street; Mike Willis, 1298 Locust
Street, #2; Frederick Miller, 2462 Central Avenue (Additional Applicant). Mayor Buol appointed
Mike Willis to the Library Board of Trustees for a 4-year term through July 1, 2009.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Amendment to Dubuque County Historical Society Lease: Proof of publication on notice of
public hearing to consider an amendment to the Ice Harbor Lease with the Dubuque County
Historical Society and consent to a conservation easement for property in the Ice Harbor in
connection with a Save America’s Treasure Grant and City Manager recommending approval.
Motion by Connors to receive and file the documents and adopt Resolution No. 350-08
Disposing of an interest in real property by Third Amendment to Lease between the City of
Dubuque, Iowa, and Dubuque County Historical Society, and Resolution No. 351-08 Approving
consent to the granting of a Conservation Easement Agreement for preservation of the dredge
William M. Black and its appurtenant vessels by Dubuque County Historical Society to the
Historical Division of the Iowa Department of Cultural Affairs. Seconded by Lynch. Motion
carried 6-0.
Fiscal Year 2009 Budget Amendment: Proof of publication on notice of public hearing to
consider the first amendment to the Fiscal Year 2009 Budget and City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 352-08
Approving Amendment No. 1 to the Fiscal Year 2009 Budget for the City of Dubuque.
Seconded by Braig. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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Request to Address the City Council – John M. Walsh: Communication from John M. Walsh,
1295 North Booth Street, requesting to address the City Council concerning the minibus
operation. Motion by Connors to receive and file. Seconded by Lynch. Mr. Walsh stated that he
goes to dialysis three times per week and waits over an hour for a ride home. He requested
more money be budgeted for the mini-bus operation. Buol stated that transportation was a
priority of the City Council and hoped a solution could be found. Motion carried 6-0.
Request to Address the City Council – Shirley Schroeder: Communication from Shirley
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Schroeder, 250 West 6 Street, requesting to address the City Council regarding security
around Ecumenical Towers. Motion by Lynch to receive and file. Seconded by Connors. Ms.
Schroder spoke regarding the need for additional police presence around the building. Motion
carried 6-0.
Sale of Water Revenue Bonds: City Manager recommending the sale of $1,195,000 Water
Revenue Bonds. Motion by Connors to receive and file the documents and adopt Resolution
No. 353-08 Directing the sale of $1,195,000 Water Revenue Bonds, Series 2008D. Seconded
by Voetberg. Finance Director Ken TeKippe and PFM Senior Managing Consultant Tianna
Pooler stated that the City did extremely well with the sale. Motion carried 6-0.
Sale of General Obligation Bonds: City Manager recommending the sale of $3,885,000
General Obligation Stormwater Bonds, Series 2008A; $3,290,000 General Obligation Urban
Renewal Bonds, Series 2008B; and $2,465,000 General Obligation Urban Renewal Bonds,
Taxable Series 2008C. Motion by Lynch to receive and file the documents and adopt
Resolution No. 354-08 Directing the sale of $3,885,000 General Obligation Stormwater Bonds,
Series 2008A; Resolution No. 355-08 Directing the sale of $3,290,000 General Obligation
Urban Renewal Bonds, Series 2008B; and Resolution No. 356-08 Directing the sale of
$2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C. Seconded by
Braig. Motion carried 6-0.
Morrison Brothers – Development Agreement: City Manager recommending approval of a
Development Agreement with Morrison Brothers for expansion of their East Seventh Street
facility. Motion by Lynch to receive and file the documents and adopt Resolution No. 357-08
Approving a Development Agreement for the expansion of Morrison Brothers Company at the
East Seventh Street facility. Seconded by Connors. Motion carried 6-0.
DuRide Contract: City Manager recommending approval of an agreement with DuRide to
provide alternative transportation to senior citizens. Motion by Voetberg to receive and file the
documents and approve. Seconded by Connors. Motion carried 6-0.
Washington Neighborhood Initiatives: City Manager submitting a status report on the
Washington Neighborhood Initiatives. Motion by Voetberg to receive and file the documents.
Seconded by Lynch. Motion carried 6-0.
Revocable Permit – James E. Underhill: City Manager recommending approval of the
revocation of Ordinance No. 30-96, the revocable permit authorizing James E. Underhill to
operate and maintain a building located in City right-of-way at 108 Terminal Street. Motion by
Connors to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Braig. Motion carried 6-0.
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Motion by Connors for final consideration and passage of Ordinance No. 59-08 Revoking
the revocable permit granted by Ordinance No. 30-96 to James E. Underhill to operate and
maintain a building located within the Terminal Street right-of-way. Seconded by Braig. Motion
carried 6-0.
Greater Downtown Urban Renewal District (First Reading on September 15, 2008): Motion
by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 60-08 Amending
Ordinance Nos. 63-07, 20-07, 35-04, 30-82 and 66-89, as previously amended, providing that
general property taxes levied and collected each year on all property located within the Greater
Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa,
by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other taxing districts, be paid to a special fund for payment of
principal and interest on loans, monies advanced to and indebtedness, including bonds issued
or to be issued, incurred by said City in connection with the Urban Renewal Plan for the
Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 6-0.
Dubuque Brewing and Malting Urban Renewal District (First Reading on September 15,
2008): Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried
6-0.
Motion by Connors for final consideration and passage of Ordinance No. 61-08 Providing
that general property taxes levied and collected each year on all property located within the
Dubuque Brewing and Malting Urban Renewal District of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special
fund for payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said City in connection with the Dubuque
Brewing & Malting Urban Renewal District. Seconded by Voetberg. Motion carried 6-0.
Application for Demolition Permit (First Reading on September 15, 2008): Motion by
Connors to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Lynch. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 62-08 Amennding
City of Dubuque Code of Ordinances Section 11-57 Application for Permit by adding a new
Subsection (d) requiring the applicant to notify adjacent property owners of the filing of an
application for a demolition permit. Seconded by Braig. Motion carried 6-0.
Purchase of Services Policies: City Manager providing information on the City of Dubuque
Purchase of Service practices and requesting consideration of a possible work session. Motion
by Lynch to receive and file the documents. Seconded by Connors. Upon discussion, Council
concurred that this information will be used for the work session scheduled for October 20,
2008 at 4:00 p.m. Motion carried 6-0.
American Planning Association Award: City Manager advising that the City of Dubuque and
MSA Professional Services have received the Iowa APA Planning Excellence Award for the
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Washington Neighborhood Revitalization Visioning Project - Grassroots Initiative Category.
Motion by Lynch to receive and file the document. Seconded by Connors. Motion carried 6-0.
East / West Connectivity Study Work Session: City Manager requesting that a work session
be scheduled on November 3, 2008 regarding the East / West Connectivity Study. Motion by
Lynch to receive and file the documents and approve. Seconded by Braig. Motion carried 6-0.
Dean Rampson – 1829 Madison Street:City Manager recommending that Mr. Dean
Rampson’s sewer assessment for work done at 1829 Madison Street not be rebated. Motion
by Connors to receive and file and concur. Seconded by Lynch. Motion carried 5-1 with
Resnick voting nay.
Request for Staff Training: City Manager recommending approval of the expenditure of
$6,510 to send Family Self-Sufficiency Program Coordinator Carroll Clark and two recent
graduates of the “Getting Ahead in a Just Getting By World” Program to certification training.
Motion by Connors to receive and file the documents and approve. Seconded by Braig. Motion
carried 6-0.
COUNCIL MEMBER REPORTS
Council Members Connors, Lynch, and Voetberg reported on their trip to Sister City
Handan, China. Lynch stated that the people of Handan were very willing to work with
Dubuque and suggested a work session for further discussion. He then presented Mayor Buol
with a gift from the City of Handan. Connors noted how excited the people of Handan were to
see them and presented Mayor Buol with a gift from the City of Handan. Voetberg stated that
Handan will be sending a delegation of top business people to visit New York, Los Angeles,
and Dubuque and suggested scheduling a work session in October.
PUBLIC INPUT
Dean Ramson, 1829 Madison Street, requested his assessment on his former University
Avenue property be rebated and stated that the City’s policy on assessments is inconsistent.
CLOSED SESSION
Motion by Connors at 7:55 p.m. to go into closed session regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Braig.
Motion carried 6-0.
Upon motion the City Council reconvened in open session stating that staff had been given
proper direction.
There being no further business, upon motion the meeting adjourned at 8:39 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 10/15
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