Minutes City Council 2 18 08CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on Monday, February 18,
2008, in the Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
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 City Council.
Invocation was provided by Rick Mihm of the Dubuque Rescue Mission.
PROCLAMATIONS
Friendship Force Day (March 1, 2008) was accepted by Gail Noel, 2104 Bennett Street, and
Phyllis Lee, 520 S. Grandview Avenue.
CONSENT ITEMS
Motion by Connors to receive and file the documents and dispose of as indicated. Seconded
by Braig. Lynch requested (#4) East-West Corridor Study be held for separate discussion.
Connors requested (#12) Center on Sustainable Communities Certified Sustainable
Professional held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 12/17; City Council of 2/4 and 2/11;
Human Rights Commission of 1/14; Zoning Advisory Commission of 1/30; Zoning Board of
Adjustment of 1/24
Proof of publication of City Council Proceedings for January 22, 2008
Printed City Council Proceedings for 2006
Upon motion the documents were received and filed and approved as printed.
Notice of Claims/Suits: Rosemarie Orbell for vehicle damage; Ben Otten for vehicle
damage; Katherine E. Kluesner vs. City of Dubuque; Kyle Coohey 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: Rosemarie Orbell for
vehicle damage. Upon motion the documents were received, filed, and concurred.
Bunker Hill Golf Course Management Agreement: City Manager recommending approval of
the management agreement with G.M.S., Inc., (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1 through November 30, 2008. Upon motion the
documents were received, filed, and approved.
East-West Corridor Connectivity Study: City Manager recommending approval of the
selection of HDR for engineering services to complete the East -West Corridor Connectivity
Study. Motion by Lynch to receive and file the documents and approve. Seconded by Jones.
Lynch asked if there was a plan of action and what the impact on Asbury Road would be.
Assistant City Engineer Bob Schiesl responded saying that Asbury Road is the first corridor to
be studied with possible intersection and turn lanes being recommended. The study is
expected to yield master plan ideas that can be implemented 20-30 years out. It will include
the study of some north-west corridors as they relate to east and west routes. Braig stated that
this issue arises often with her constituents and is more than just adding lights. Van Milligen
added that the resurfacing of Asbury Road is in the Public Works Department's short-term plan
to resurface 10 miles of City roads per year. Some of Asbury Road will be done this coming
summer, and it will be evaluated against results of the study. Motion carried 7-0.
Payment Enhancements for Ambulance Service: City Manager recommending approval of
additional alternatives for paying ambulance bills through website access and use of credit and
debit cards. Upon motion the documents were received, filed, and approved.
Port of Dubuque Adams Development, LLC: City Manager recommending approval of the
Assignment of Development Agreement between the City of Dubuque, Port of Dubuque Adams
Development, LLC and the Durrant Group, LLC to Dubuque Bank and Trust Company. Upon
motion the documents were received, filed, and approved.
Teamsters Local Union No. 421: City Manager recommending approval of the Collective
Bargaining Agreement between the City of Dubuque and the Teamsters Local Union No. 421.
Upon motion the documents were received and filed and Resolution No. 56-08 Approving the
Agreement between the City of Dubuque, Iowa and the Teamsters Local Union No. 421 and
authorizing the Mayor to sign the Agreement was adopted.
Historic Preservation Commission: Michael Coty submitting his resignation from the Historic
Preservation Commission, effective immediately. Upon motion the documents were received
and filed and the resignation accepted.
2007 Urban Revitalization Program Applications: City Manager recommending approval of
2007 Urban Revitalization Program applications for residential property tax exemption. Upon
motion the documents were received and filed and Resolution No. 57-08 Approving residential
property tax exemption applications submitted by property owners in recognized urban
revitalization areas and authorizing the transmittal of the approved applications to the City
Assessor was adopted.
Arts and Cultural Entertainment District: City Manager recommending approval of submitting
a request to the Iowa Department of Cultural Affairs for expansion of the Arts and Cultural
Entertainment District to include the Warehouse District. Upon motion the documents were
received and filed and Resolution No. 58-08 Expanding the Dubuque Arts and Cultural
Entertainment District was adopted.
Washington Court/Crescent Community Health Center -Warranty Deed: City Manager
recommending acceptance of the warranty deed from Washington Court, L. P., and Pine Box,
L.L.L. P., related to the property exchange for the parking lot of the Crescent Community Health
Center project. Upon motion the documents were received and filed and Resolution No. 59-08
Accepting the deed to certain real estate in Dubuque County, Iowa from Washington Court,
L. P. and Pine Box, L. L. L. P, was adopted.
Center on Sustainable Communities -Certified Sustainable Professional: City Manager
advising that Building Services Manager Rich Russell has passed the Building and Sustainable
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Iowa Workshop test and is now a "COSC Certified Sustainable Professional." Motion by
Connors to receive and file the documents. Seconded by Jones. Connors congratulated Rich
Russell on his certification. Motion carried 7-0.
Liquor License Transfer: Application of the Julien Inn to temporarily transfer their liquor
license from 200 Main Street to 700 White Street on February 19, 2008. Upon motion the
documents were received, filed, and approved.
Liquor License Refunds: Request of Kevin Seymour, Rudy's Tacos, for a refund of Liquor
License #LC0034830 in the amount of $422.50.
Request of Carroll's Wine Company for a refund of Liquor License #BW0092187 in the
amount of $253.13.
Request of Pat Broessel, Corner Tap, for a refund of Liquor License #LC25829 in the
amount of $211.25.
Upon motion the documents were 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. 60-08 Granting the issuance of a Class "C" Beer Permit to Econo Foods, Lee's 76 West
Locust Mart, Hy-Vee Gas #3 and Hy-Vee #3; and Resolution No. 61-08 Granting the issuance
of a Class "C" Beer/Liquor License to Gin Rickeys, Isabella's at the Ryan House, Bootleggers
Pub, The Club House, Tony's Place, Dubuque Mining Company, and Mr. Rogers Pub; Special
Class "C" Liquor License to Pusateri's; Class "B" Wine Permit to Econo Foods and Hy-Vee #3;
and Class "WBN" Native Wine to Hy-Vee Gas #3 were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents for Items to Be Set #2-#5, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
Carnegie-Stout Public Library Renovation Project (Tabled on January 22, 2008): 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 March 3, 2008.
City Manager recommending that the request from the Library Board of Trustees to initiate
the public bidding procedure for the Carnegie-Stout Public Library Renovation Project not be
approved until the funds have been raised to complete the project.
Motion by Connors to remove from table. Seconded by Braig. Motion carried 7-0.
Motion by Connors to receive and file the documents and deny adoption of the resolution.
Seconded by Jones. Van Milligen read his recommendation into the record. Connors said that
it has been stated from the beginning that there would be no City funding until the Library's
fundraising was complete. She could not support going to bid with a project that is $2 million
short in funding. Voetberg stated that he is bothered by putting City assets up as collateral and
that the property cited by the Library belongs to the citizens and is not the private property of
the Library. Jones said that although everyone is excited about the project, he cannot support
mortgaging assets to leverage money. Buol stated that there was too much money in play and
he was not in favor of initiating bidding. Motion to receive and file and deny adoption of the
resolution carried 7-0.
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Iowa Wireless Services, LLC: City Manager recommending that a public hearing be set for
March 3, 2008 to consider a proposed lease of space to Iowa Wireless Services, LLC for a
telecommunication antenna facility in Madison Park. Upon motion the documents were
received and filed and Resolution No. 62-08 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 March 3, 2008, in the Historic Federal Building.
Cleveland Avenue Reconstruction Project: City Manager recommending preliminary
approval of the construction plans and specifications for the Cleveland Avenue Reconstruction
Project, using the City standard width for collector streets of 37 feet, approval of the Resolution
of Necessity and the Preliminary Schedule of Assessments, and that a public hearing be set
for March 3, 2008. Upon motion the documents were received and filed and Resolution No. 63-
08 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting
date of public hearing on plans, specifications, form of contract, and estimated cost; and
ordering bids for the Cleveland Avenue Reconstruction Project; Resolution No. 64-08
Approving the plat, preliminary schedule of assessments and estimate of total cost and setting
date of public hearing on Resolution of Necessity; and Resolution No. 65-08 Resolution of
Necessity for the Cleveland Avenue Reconstruction Project -Bryant Street to Villa Street were
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2008, in
the Historic Federal Building.
West 32"d Street Detention Basin Pro~ect: City Manager recommending initiation of the
public bidding process for the West 32" Street Detention Basin Project and that a public
hearing be set for March 3, 2008 to consider approval of the plans and specifications, form of
contract and estimated cost. Upon motion the documents were received and filed and
Resolution No. 66-08 Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract, and
estimated cost; and ordering bids for the West 32"d Street Detention Basin Project was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2008, in
the Historic Federal Building.
ITC Development Agreement: City Manager recommending that a public hearing be set for
March 3, 2008 to consider the disposition of approximately 12.951 acres in Dubuque Industrial
Center West to ITC Holdings Corporation and approval of a Development Agreement. Upon
motion the documents were received and filed and Resolution No. 67-08 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 of a Development Agreement relating
thereto with ITC Holdings Corporation, 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 March 3, 2008, in
the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Community Development Advisory Commission (Three 3-year
terms through February 15, 2011 -Two Low/Moderate Income Area; One At-Large [Terms of
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Oliver, Shaw, Craddieth). Applicants: Ann Michalski (At-Large), David Shaw (Low/Moderate),
Janice Craddieth (Low/Moderate). Ann Michalski, 1520 Altura Street, spoke in support of her
at-large appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Cable Television Franchise Agreement: Proof of publication on notice of public hearing to
consider an amendment to the Cable Television Franchise Agreement to add Sageville School
to the Institutional Network and approving a separate agreement between the City, Dubuque
Community School District and Mediacom that details the terms of adding Sageville School to
the I-Net and City Manager 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. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 7-08 Approving the
Third Amendment to the Cable Franchise Agreement between the City of Dubuque, Iowa and
MCC Iowa, LLC, that details the terms of adding Sageville School to the I-Net. Seconded by
Braig. Motion carried 7-0.
Windsor Avenue Storm Sewer Construction Project: Proof of publication on notice of public
hearing to consider the plans and specifications, form of contract and estimated cost for the
Windsor Avenue Storm Sewer Construction Project and City Manager recommending
approval. Motion by Jones to receive and file the documents and adopt Resolution No. 68-08
Approving plans, specifications, form of contract, and estimated cost for the Windsor Avenue
Storm Sewer Construction Project. Seconded by Connors. Connors stated that she was
grateful for this project and that it might help the street flooding in the area. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Medical Associates Clinic /Robert Hartig -Planned Unit Development District (PUD)
Amendment (First Reading on February 4, 2008): City Manager providing additional
information on the Medical Associates Clinic PUD Amendment and City Council actions on
PUD amendment requests over the past five years.
Communications from Tim and Georgia Schmitt, 2575 Donovan Drive; Eric Kaufmann,
owner of 3814 Cora Drive; Emily K. Bush and Marcus J. Albers, 3828 Cora Drive; Rick Stumpf,
3840 Cora Drive; Joan Steve, 3910 Cora Drive; Dorothy Stumpf, 3840 Cora Drive; Joe
Hallahan, 79 Diagonal Street; Dianne Glanz, 1305 North Grandview; Mary Pat Kerper, 3830
Cora Drive; A.J. Kerper, 240 Devon Drive; and Larry Stumpf in opposition to the proposed
rezoning.
Motion by Connors to receive and file the documents and to consider this the second
reading of an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the
Medical Associates West Campus Planned Unit Development District and by repealing
Ordinances 24-94, 32-96 and 35-99 and which includes the language from Medical Associates
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describing their proposed conditions of the green space. Planning Services Manager Laura
Carstens responded to inquiries by the City Council that there are no conditions attached to
this amendment and that two of the City's 24 PUD areas have been amended. This ordinance
would be adopted as is, but wording regarding the green space screening could be added if
the City Council desired. Jones said he favored adding the specific language provided by
Medical Associates for the benefit of the adjacent property owners. Lindahl said that it can be
included in the Ordinance for the third reading. Connors clarified a misperception by a citizen
that she had visited with a citizen regarding the zoning issue. She noted that athird-ward
citizen contacted her about green space and was not for or against this issue. She has spoken
with the City Attorney about the issue. Lindahl stated that contact with citizens cannot be
prevented, and disclosing all communications from citizens to the City Clerk for the record is
the recommended procedure for zoning issues. Resnick asked Carstens what the reasons
were for changes in the two of the City's previous PUDs and if they had been challenged.
Carstens recalled the Dubuque Industrial Center West PUD amendment for the Hormel facility
involving the North Siegert Farm for which the adjacent property owners did speak of their
concerns. Voetberg stated that he believed Medical Associates has land available elsewhere
on its campus that can be utilized, and holding land for use in 20 or 30 years was not a
persuasive argument. Braig said she appreciated hearing from the neighbors about their
concerns, but the pictures provided by Medical Associates of residents encroaching on its
property in terms of vehicle storage and drainage were influential. She said she plans to vote
to hold Medical Associates to their promise and won't chip away at green space. Buol said he
will support the project, and Medical Associates has provided a good solution that is also good
for the neighbors. Motion carried 4-3 with Resnick, Voetberg, and Braig voting nay.
Dubuque Regional Airport Terminal Relocation Project: City Manager recommending that
the fair market value for property at 10719 Merlin Lane, which is needed for the Dubuque
Regional Airport Terminal Relocation Project, be established at $809,000. Motion by Voetberg
to receive and file the documents and adopt Resolution No. 69-08 Establishing the Fair Market
Value of real property at 10719 Merlin Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey
Bradley, and Brian Bradley was adopted. Seconded by Connors. Motion carried 7-0.
Liquor License Application -Players Bar and Grill: City Manager recommending that the
current license for Players Bar and Grill be allowed to continue past the expiration date of
March 5, 2008, allowing for asixty-day review period. Motion by Connors to receive and file
the documents and approve. Seconded by Braig. Motion carried 7-0.
Fiscal Year 2009 - 2013 Street Construction Program: City Manager recommending
approval of the Fiscal Year 2009 - 2013 Street Construction Program. Motion by Lynch to
receive and file the documents and adopt Resolution No. 70-08 Adopting the Fiscal Year 2009
- 2013 Street Construction Program. Seconded by Voetberg. Motion carried 7-0.
Multi-Function Printer-Copier-Scanner-Fax Vendor: City Manager recommending approval
of the selection of Solutions Management Group (SMG) to provide the multifunction printer-
copier-scanner-fax machines for the City. Motion by Connors to receive and file the documents
and approve. Seconded by Jones. Lynch questioned the difference in the five-year estimated
cost and why the lowest vendor was not chosen. Information Services Manager Chris
Kohlmann explained that selecting a vendor involved workflow implementation, document and
records management, total hours of training, experience with similar projects, and knowledge
of software not total cost alone. Braig congratulated Kohlmann on completing the long process.
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Connors commended Kohlmann for her detailed work and clearly stated information. Motion
carried 5-2 with Lynch and Voetberg voting nay.
Parking Ordinance: City Manager recommending approval of an ordinance for no parking on
the west side of Iowa Street between Sixth and Seventh Streets to accommodate the new
KeyLine transfer point, and to add parking meters to the previous site in the 900 block of Main
Street. Motion by Jones 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 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 8-08 Amending City
of Dubuque Code of Ordinances Section 32-321.666 Municipal Parking Meter District
Established by amending the north -south streets in the District from Main Street, both sides,
between Tenth Street and Loras Boulevard to Main Street, both sides, between Ninth Street
and Loras Boulevard and the east -west streets in the District from Ninth Street, south side,
between Locust Street and the alley west of Main Street to Ninth Street, south side, between
Locust Street and Main Street; and Ordinance No. 9-08 Amending City of Dubuque Code of
Ordinances Section 32-321.602 Parking Prohibited on Designated Streets or Portions Thereof.
Seconded by Braig. Motion carried 7-0.
Concealed Weapons Ordinance: City Manager recommending approval of a revision to the
Code of Ordinances regarding carrying concealed weapons. Motion by Jones 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 Connors. Braig questioned if the City's Ordinance would then be
easier than the State's. Lindahl said that the City is limited to misdemeanors and cannot
charge for aggravated criminal offenses. Persons can be charged under the State Code.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 10-08 Amending City
of Dubuque Code of Ordinances Section 33-10 Carrying Concealed Weapons by adding
exceptions to such offense. Seconded by Connors. Motion carried 7-0.
Water Pollution Control Plant Work Session: City Manager recommending that the work
session regarding the Water Pollution Control Plant Renovation Study upgrade be rescheduled
from March 31, 2008 to April 14, 2008. Motion by Lynch to receive and file the documents and
approve. Seconded by Braig. Van Milligen confirmed that the work session would be held at
the same time with the same structure, which includes a plant tour. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Braig requested consensus on scheduling a future work session regarding the Purchase of
Service process at the next City Council meeting. Van Milligen will work on it.
Jones said that the background information on Purchase of Services that he recently
requested from the City Manager could be compiled for use at the work session.
CLOSED SESSION
Motion by Braig to convene in closed session at 7:50 p.m. regarding pending litigation
pursuant to Chapter 21.5(1)(c)Q) 2007 Code of Iowa. Seconded by Lynch. Motion carried 7-0.
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Motion by Braig to reconvene to open session. Seconded by Connors. Motion carried 7-0.
Council reconvened in open session at 8 p.m. stating that staff had been given proper
direction.
There being no further business, upon motion, City Council adjourned at 8:01 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
1 t 2/27
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