Minutes City Council 1 22 08
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on January 22, 2008, in the
Historic Federal Building.
Mayor Pro-Tem Jones 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.
Present: Mayor Pro-Tem Jones, Council Members Braig, Connors, Lynch, Resnick,
Voetberg, City Manager Van Milligen; City Attorney Lindahl
Absent: Mayor Buol
Invocation was provided by Reverend Alan Crandall.
CONSENT ITEMS
Motion by Connors to receive and file the documents and dispose of as indicated.
Seconded by Lynch. Lou Oswald, 1080 Nowata Street, requested (#11) 409 Burch Street be
held for separate discussion. Motion carried 6-0.
Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 12/4;
Cable TV Regulatory Commission of 11/14; City Council of 1/7; Electrical Code Board of 12/26;
Enterprise Zone Commission of 1/4; Environmental Stewardship Advisory Commission of 1/8;
Historic Preservation Commission of 12/20 and 1/8; Housing Code Appeals Board of 7/17;
Library Board of 10/25; Plumbing Board of 12/12; Zoning Advisory Commission of 1/2; Zoning
Board of Adjustment of 12/20
Proofs of publication of City Council Proceedings of December 10 and 17, 2007 and List of
Claims and Summary of Revenues for month ending November 30, 2007
Upon motion the documents were received and filed.
Notice of Claims/Suits: John Hefel for vehicle damage; Walter Burke for vehicle damage;
Marlene Booth for vehicle damage; Dennis Avenarius for vehicle damage; Heath Koster for
vehicle damage; Mashiro Iwaskai for vehicle damage; Chris Blakeman for vehicle damage;
Michael Keuter for property damage; Dubuque Bank and Trust vs City of Dubuque, et al; Misty
L. Streif for vehicle 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: Marlene Booth for
vehicle damage; Joyce Whelan for vehicle damage; Walter Burke for vehicle damage; John
Hefel for vehicle damage;
City Attorney recommending denial of the claim of Lois Pearce for vehicle damage.
Upon motion the documents were received and filed and concurred.
Purchase of Property – 655 Gillespie Street: City Manager recommending approval of the
Offer to Buy Real Estate and Acceptance from Gary A. Anderson for property located at 655
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Gillespie Street for the 32 Street Detention Basin Project. Upon motion the documents were
received, filed, and approved.
Dubuque Metropolitan Area Solid Waste Agency: Communication from Chuck Goddard,
Agency Administrator for the Dubuque Metropolitan Area Solid Waste Agency, submitting the
Agency’s Fiscal Year 2009 budget and fee schedule. Upon motion the documents were
received and filed.
University Avenue Embankment Stabilization Project: City Manager recommending
acceptance of the University Avenue Embankment Stabilization Project as completed by
Connolly Construction in the final contract amount of $356,739.39. Upon motion the
documents were received and filed and Resolution No. 16-08 Accepting the University Avenue
Embankment Stabilization Project (Iowa DOT No. ER 2100 (636)—8R-31) and authorizing
payment of the contract amount was adopted.
Decorative Concrete Repair and Maintenance Project: City Manager recommending
acceptance of the Decorative Concrete Repair and Maintenance Project as completed by
Tschiggfrie Excavating in the final contract amount of $159,175.12. Upon motion the
documents were received and filed and Resolution No. 17-08 Accepting the Decorative
Concrete and Repair Maintenance Project and authorizing payment of the contract amount
was adopted.
Citizen Communication: Communication from John and Barbara Tranel regarding the
billboard at First Street. Upon motion the documents were received and filed and referred to
the City Manager.
Fiscal Year 2008 Annual Action Plan – Amendments #2 and #3: City Manager
recommending approval of Amendments #2 and #3 for the Fiscal Year 2008 Annual Action
Plan for the City’s Community Development Block Grant (CDBG) program. Upon motion the
documents were received and filed and Resolution No. 18-08 Approving the Fiscal Year 2008
(Program Year 2007) Annual Action Plan – Amendments #2 and #3 for Community
Development Block Grant funds was adopted.
Engineering Design of North Siegert Farm: City Manager recommending approval of a
contract with IIW Engineers and Surveyors, PC in the amount of $203,010 for engineering
design of the North Siegert Farm. Upon motion the documents were received and filed and
Resolution No. 19-08 Authorizing contract with IIW Engineering and Surveyors, P.C. for the
design and engineering of Dubuque Industrial Center West – North Siegert Addition was
adopted.
Washington Court: City Manager recommending approval of an amendment to Declaration
of Submission to Horizontal Property Regime Washington Court Building and an Amendment
to Mortgage related to the Washington Court project. Upon motion the documents were
received and filed and Resolution No. 20-08 Approving an amendment to Declaration of
Submission to Horizontal Property Regime Washington Court Building, Dubuque, Iowa, and an
amendment to certain mortgages between the City of Dubuque, Iowa and Washington Court,
LP, was adopted.
409 Burch Street: City Manager recommending that the fair market value for property
located at 409 Burch Street be established at $34,000. Motion by Connors to receive and file
the documents and adopt Resolution No. 21-08 Establishing the Fair Market Value of real
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property at 409 Burch Street, Dubuque, Iowa, owned by John White. Seconded by Voetberg.
Lou Oswald, 1080 Nowata Street, asked how the fair market value of $34,000 was arrived at.
Jones stated the City went through an independent appraiser. Resnick stated the appraiser
went through an intricate process and that he was satisfied with the amount. Lindahl stated
that the City will make the offer to purchase, and if it is not accepted, the City will then begin
the condemnation process. Motion carried 6-0.
Lead-Based Paint Hazard Control Grant Program: City Manager recommending approval of
the publication of a Notice of Intent to Request Release of Funds for the Lead-Based Paint
Hazard Control Grant Program. Upon motion the documents were received and filed and
Resolution No. 22-08 Authorizing publication of a Notice of Intent to Request Release of Funds
for Lead-Based Paint Hazard Control Grant Program was adopted.
Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year
2007 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements,
Dubuque Metropolitan Solid Waste Agency Report, Management Letter and City Response to
the Management Letter. Upon motion the documents were received and filed.
Metropolitan Coalition: City Manager recommending approval of the designation of Mayor
Roy D. Buol as the City’s Delegate to the Metropolitan Coalition and Assistant City Manager
Teri Goodmann as the Alternate. Upon motion the documents were received and filed.
Bee Branch Floodwall Pumping Station Auxiliary Power Project: City Manager
recommending award of the contract for the Bee Branch Floodwall Pumping Station Auxiliary
Power Project to A & G Electric in the amount of $370,038.00. Upon motion the documents
were received and filed and Resolution No. 23-08 Awarding public improvement contract for
the Bee Branch Floodwall Pumping Station Auxiliary Power Project to A & G Electric was
adopted.
West Third Street and Hill Street – Traffic Control: City Manager advising that stop signs will
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be installed on Hill Street at West 3 Street, making this a 4-way stop controlled intersection.
Upon motion the documents were received and filed.
Arthur Frommelt Estate: City Manager recommending approval of the Offer to Buy Real
Estate regarding the Frommelt Estate. Upon motion the documents were received, filed, and
approved.
Holliday Third Addition – Stormwater Facilities Agreement: City Manager recommending
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approval of a request from QHQ, the developer of Holliday 3 Addition, for consent to the
assignment of interest in the Stormwater Facilities Agreement. 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. 24-08
Granting the issuance of a Class “C” Beer Permit to Big 10 Mart, Oky Doky #8, Oky Doky #21
and Hartig Drug #4; and Resolution No. 25-08 Granting the issuance of a Class “C”
Beer/Liquor License to Town Clock Inn, DeMac’s Copper Kettle and Taiko Japanese
Restaurant; and Class “B” Wine Permit to Hartig Drug #4 were adopted.
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents with exception to (#1) Library Renovation
Project, set the public hearings as indicated, and direct the City Clerk to publish notice as
prescribed by law. Seconded by Braig. Motion carried 5-1 with Resnick voting Nay.
Library Renovation Project: Library Board of Trustees recommending initiation of the public
bidding procedure for the Carnegie-Stout Public Library Renovation Project and that a public
hearing be set for February 4, 2008, to consider a Resolution approving plans, specifications,
form of contract, and estimated cost; setting date of public hearing on plans, specifications,
form of contract, and estimated cost; and ordering the advertisement for bids
City Manager recommending that the request from the Library Board of Trustees to initiate
the public bidding procedure for the Library Renovation Project not be approved.
Motion by Lynch to table. Seconded by Voetberg. Connors stated that it was clear from the
beginning that the Library should have its money committed and fundraising completed.
Voetberg stated that the issue was if the money was available. Library Director Susan
Henricks spoke requesting this item be tabled. Motion carried 6-0.
Arboretum Drive – Request to Vacate: City Manager recommending that a public hearing be
set for February 4, 2008 to consider a request from Mike Felderman to vacate and purchase a
portion of Arboretum Drive.
Communication from Mike Felderman requesting to purchase a portion of City-owned
property along Arboretum Drive.
Upon motion the documents were received and filed and Resolution No. 26-08 Resolution
of Intent to vacate and dispose of City interest in Lots B, C and D of Breven Place No. 2 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 February 4, 2008, in the Historic Federal Building. Motion carried
6-0.
Iowa Wireless Services, LLC: City Manager recommending that a public hearing be set for
February 4, 2008 to consider a proposed lease of space to Iowa Wireless Services, LLC for a
telecommunication antenna facility on the Pennsylvania Avenue Water Tank. Upon motion the
documents were received and filed and Resolution No. 27-08 Resolution of Intent to dispose of
an interest in real property owned by the City of Dubuque by lease agreement between the
City of Dubuque, Iowa and Iowa Wireless Services, LLC for the installation and operation of a
wireless telecommunication antenna facility was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on February 4, 2008, in the Historic Federal Building.
Fiscal Year 2009 Annual Action Plan: City Manager recommending that a public hearing be
set for March 4, 2008 to consider approval of the Fiscal Year 2009 Annual Action Plan as part
of the Fiscal Year 2009 budget. Upon motion the documents were received and filed and
Resolution No. 28-08 Setting a public hearing on the Fiscal Year 2009 (Program Year 2008)
Community Development Block Grant (CDBG) Annual Action Plan for March 4, 2008, in the
Historic Federal Building was adopted.
BOARDS/COMMISSIONS
Appointment was made to the following Board/Commission: Mediacom Charitable
Foundation (Two 1-year terms through December 31, 2008 – Terms of Hall and Chavenelle).
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Motion by Connors to appoint Gail Chavenelle to a 1-year term through December 31, 2008.
Seconded by Lynch. Twining’s application will be brought back at the February 4, 2008,
meeting. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion, the rules were suspended allowing anyone to address the Council.
Request to Rezone – Northwest Arterial and Arboretum Drive: Proof of publication on notice
of public hearing to consider a request from Mike Felderman to rezone property located at the
northeast corner of the Northwest Arterial and Arboretum Drive from AG Agricultural District to
R-1 Single-Family Residential District and Zoning Advisory Commission recommending
approval. 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. Mike Felderman,
2380 Samantha Drive, spoke in favor of the Ordinance. Connors questioned if this was in
conflict with the Comprehensive Plan and hoped it didn’t mean homes would be built all along
the NW Arterial to Hwy 52. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 2-08 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located on the east side of Arboretum Drive from
AG Agricultural District to R-1 Single-Family Residential District. Seconded by Lynch. Motion
carried 6-0.
Sale of Property – 46 Diagonal Street (Tabled on December 17, 2007): Proof of publication
on notice of public hearing to consider a request from Gregory Laufenberg and Linda K.
Laufenberg to purchase 11 feet of right-of-way of Traut Terrace abutting the property at 46
Diagonal Street and City Manager recommending establishment of the sale price for the
property.
City Manager submitting information relating to the City’s policy that it is the responsibility of
each property owner to determine the location of his or her lot line.
Motion by Connors to remove from the table. Seconded by Braig. Motion carried 6-0.
Motion by Connors to receive and file the documents. Seconded by Lynch. Greg
Laufenberg, 46 Diagonal Street, stated that he agreed to the purchase price.
Motion by Connors to amend the purchase price. Seconded by Lynch. Motion carried 6-0.
Motion by Connors to receive and file the documents as amended and adopt Resolution No.
29-08 Approving plat of proposed vacated portion of Traut Terrace south of Diagonal Street;
Resolution No. 30-08 Vacating a portion of Traut Terrace south of Diagonal Street; and
Resolution No. 31-08 Disposing of City interest in Lot 8A of Dunn’s Subdivision in the City of
Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-0.
Dubuque Regional Airport Terminal Relocation – Eminent Domain Proceedings: Proof of
publication on notice of public hearing to consider eminent domain proceedings to acquire
property for the Dubuque Regional Airport Terminal Relocation Project and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 32-08 Making the final selection of a site for the Dubuque Regional Airport
Terminal Relocation Project and authorizing the acquisition or condemnation, if necessary, of
property for the Dubuque Regional Airport Terminal Relocation Project. Seconded by Voetberg.
It was confirmed for Connors that the Bradley family was aware of eminent domain. Lynch
stated that he did not like the idea of taking anyone’s property and that it was serious business.
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Lindahl outlined the process the City will take and said the City is not authorizing
condemnation but approving the final site. This is a preliminary step and the issue will have to
come back to Council to establish a fair market value in order to begin the eminent
domain/condemnation process. Braig reiterated that the City is not actually taking the property
but paying a fair price as it involves a large amount of property and money. Airport Manager
Bob Grierson provided a history of the project saying that the FAA requires 26,000 square feet
for a terminal and the existing space is 11,655 square feet. He reviewed the offers and counter
offers as well as the FAA recommendations. Motion carried 6-0.
Comprehensive Plan Update: Proof of publication on notice of public hearing to consider the
update of the 2002 Comprehensive Plan and City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 33-08 Approving the
update of the City of Dubuque 2002 Comprehensive Plan. Seconded by Lynch. Long Range
Planning Advisory Commission Chairperson Charles Winterwood spoke saying he did not
agree with the City Attorney’s language recommendations and requested the City Council to
reconsider keeping the original language. LRPA Commission Member Lou Oswald stated that
the LRPA Commission-approved language was sent to the City Council who referred it to the
City Attorney. He questioned one man changing the entire plan. Lynch stated that he was
disappointed in Mr. Winterwood’s pointed references to an All America City and did not like the
award being minimized. Braig stated that she was at first in favor of stronger language but
defers to the City Attorney. City Attorney Lindahl stated that some of the language was specific
to implementation and that the Comprehensive Plan is a guide to implementation. Resnick
stated that advisors to the City Council are important. Connors stated that it was not a case of
one man changing the Plan, but that the City Attorney did so at the Council’s request. The
Council did not want language that said the City “had” to do something. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council – Frank Belcastro: Communication from Frank
Belcastro, 285 North Grandview Avenue, requesting to address the City Council regarding
emergency room signs. Motion by Connors to receive and file the documents and refer to the
City Manager. Seconded by Voetberg. Frank Belcastro, 285, North Grandview Avenue, spoke
of the signage problem he is finding in locating the emergency rooms at Mercy and Finley
Hospitals. He asked City Council to contact the CEO’s of both facilities to install signs. Motion
carried 6-0.
Request to Address the City Council – John G. Kroeger: Communication from John G.
Kroeger, 2930 Kane Street, to address the City Council regarding the proposed smoking ban.
Motion by Connors to receive and file the documents. Seconded by Braig. Mr. Kroeger spoke
regarding government interference with free enterprise by prohibiting smoking within privately
owned business establishments. Voetberg reiterated that there is no proposed smoking ban
for Dubuque at this time. Motion carried 6-0.
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the
Greater Dubuque Development Corporation, provided a verbal report on the activities of
GDDC and the various programs they offer. Motion by Lynch to receive and file the documents.
Seconded by Braig. Motion carried 6-0.
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Home Rule – State Legislative Correspondence: City Manager recommending approval to
send correspondence to our State Legislators asking that they support a law that allows cities
to have local determination over the implementation of smoke-free environments.
City Manager submitting information provided by City Council Member Joyce Connors
related to smoke-free indoor air.
Motion by Connors to receive and file the documents and approve. Seconded by Braig.
Motion carried 6-0.
Tobacco Compliance Hearing: City Manager recommending that a tobacco compliance
hearing be held regarding the tobacco compliance violation by AWN Stop Mart #2 and if the
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violation is sustained the attached order assessing the 1 violation civil penalty of $300 to AWN
Stop Mart #2 be issued. Assistant City Attorney Crenna Brumwell swore in Police Chief Kim
Wadding who testified regarding the tobacco compliance check and subsequent violation.
Motion by Connors to receive and file the documents, accept the testimony, find AWN Shop
guilty and assess the penalty. Seconded by Voetberg. Motion carried 6-0.
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West 11 Street Stairs Project: : Historic Preservation Commission recommending approval
of the reallocation of $90,000 in Historic District Public Improvement Program (HDPIP) funding
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from the West 11 Street Historic Lighting Project to the West 11 Street Stairs Project, subject
to Historic Preservation Commission advisory design review. Motion by Voetberg to receive
and file the documents and approve. Seconded by Lynch. Resnick questioned the money
being reallocated rather than being put back in the budget. Motion carried 6-0.
Purchase of Properties – Washington Neighborhood: City Manager recommending approval
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of the purchase of two vacant residential properties located at 351 East 15 Street and 1523
Elm Street as part of the Washington Neighborhood revitalization activities. Motion by Lynch to
receive and file the documents and adopt Resolution No. 34-08 Approving the acquisition of
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real estate located at 351 East 15 Street and at 1523 Elm Street in the City of Dubuque.
Resnick asked about the status of other owner-occupied homes in the DREAMS program.
Connors commended Wayne Briggs as a good City partner. Motion carried 6-0.
Memorandum of Understanding – Julien Inn Renovation: City Manager recommending
approval of a Memorandum of Understanding with the Fischer Companies for the renovation of
the Julien Inn. Motion by Lynch to receive and file the documents and approve. Seconded by
Braig. Fischer Companies representative Tony Pfohl, 290 Main Street, said they were very
excited about the project and that it will be an asset to downtown. Motion carried 6-0.
Haz Mat Memorandum of Agreement: City Manager recommending approval of a
Memorandum of Agreement (MOA) for the City of Dubuque to be one of seven FEMA Type I
Hazmat teams in Iowa to provide coverage for weapons of mass destruction terrorism attacks
in Iowa. Motion by Connors to receive and file the documents and approve. Seconded by
Lynch. Motion carried 6-0.
Riverwalk Eighth Addition – Final Plat: Zoning Advisory Commission recommending
approval of the final plat of Riverwalk Eighth Addition as requested by the City of Dubuque.
Motion by Braig to receive and file the documents and adopt Resolution No. 35-08 Approving
final plat of Riverwalk Eighth Addition. Seconded by Connors. Motion carried 67-0.
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City of Dubuque Pavilion Reservations: City Manager recommending approval of an
amendment to the Code of Ordinances to allow pavilion reservations to be made up to 23
months in advance. 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.
Motion by Connors for final consideration and passage of Ordinance No. 3-08 Amending the
City of Dubuque Code of Ordinances Section 34-68 Meetings and Gatherings, allowing Park
Group Gathering Reservations to be made 23 months in advance. Seconded by Lynch. Motion
carried 6-0.
International Energy Conservation Code: City Manager recommending adoption of the 2006
International Energy Conservation Code, with four amendments. 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.
Motion by Connors for final consideration and passage of Ordinance No. 4-08 Amending
City of Dubuque Code of Ordinances Sections 11-7 and 11-8 providing for the adoption of the
International Energy Conservation Code (2006) and making amendments thereto. Seconded
by Braig. Motion carried 7-0.
Heating, Air Conditioning and Ventilating (Mechanical) Ordinance: City Manager
recommending adoption of the 2006 International Fuel Gas Code published by the
International Code Council. Motion by Lynch 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.
Motion by Lynch for final consideration and passage of Ordinance No. 5-08 Providing that
the City of Dubuque Code of Ordinances be amended by creating Section 24-3 thereto
pertaining to the adoption of a Fuel Gas Code for the City of Dubuque, Iowa. Seconded by
Braig. Motion carried 6-0.
Request for Proposals: City Manager recommending approval of the issuance of a Request
for Proposals for consulting services related to advancing Dubuque as a sustainable
community and achieving “designated green city” status. Motion by Lynch to receive and file
the documents and approve. Seconded by Braig. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Connors said that she attended the Special Olympics and found it to be most enjoyable.
The City should be proud of its participation in this great event.
Braig said that many businesses contributed to the success of the Special Olympics such as
the National Mississippi River Museum and Aquarium, which offered free admission to
participants in the Special Olympics.
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Voetberg wanted to let people know about the four-way stop signs going up at West 3 and
Hill Streets. He also commented on the departmental tours he and Council Member Resnick
had and how impressed they were by City employees.
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CLOSED SESSION
Upon motion at 8:50 p.m., the City Council convened in closed session regarding Litigation
and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa.
The City Council convened in regular session at 9:06 stating that they had given staff proper
direction.
There being no further business, upon motion the Council adjourned at 9:07 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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