Minutes City Council 5 5 08
CITY OF DUBUQUE, IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on May 5, 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 Mayor Roy D. Buol.
PROCLAMATIONS
Letter Carrier Food Drive Day (May 10, 2008) was accepted by Steve Heins, 2194 South
Way Drive; Leo McCarthy Day (May 15, 2008) was accepted by Nancy Van Milligen,
Community Foundation of Greater Dubuque, 700 Locust Street; All the Way Home Day (May
17, 2008) was accepted by Ann Carson, Radio Dubuque, 346 W. 8 Street; Nursing Home
Week (May 11–17, 2008) was accepted by Barbara Barker, Luther Manor, 3131 Hillcrest
Road; Mental Health Month (May, 2008) was accepted by Michelle Covey, Mental Health
America, 3199 Fox Borough Ct.; Bike Safety Month (May, 2008) was accepted by Sherry Frye,
Finley Hospital, 350 N. Grandview Avenue.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 3/25; City
Council of 4/21; Historic Preservation Commission of 4/17; Investment Oversight Advisory
Commission of 4/23; Mechanical Code Board of 4/23
Proofs of publication of City Council Proceedings of April 7 and 14, 2008
Investment Oversight Advisory Commission 60 Quarterly Report
Substance Abuse Services Center Third Quarterly Report
Upon motion the documents were received and filed.
Notice of Claims/Suits: IC&E Railroad for property damage; Tim Kelly for vehicle damage;
Renee Manders 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: Premier Linen and Dry
Cleaning for personal injury; IC&E Railroad for property damage
City Attorney recommending denial of the claim of Jessica Young for vehicle damage
Upon motion the documents were received and filed and concurred.
Fiscal Year 2009 Community Development Block Grant Program: City Manager
recommending approval of the publication of a Notice of Intent to Request Release of Funds
for Community Development Block Grant (CDBG) program activities. Upon motion the
documents were received and filed and Resolution No. 138-08 Authorizing publication of a
notice of intent to request release of funds for certain Community Development Block Grant
projects for Fiscal Year 2009 (Program Year 2008) was adopted.
ConAgra Foods, Inc. – Assignment of Leases: City Manager recommending approval of the
assignment of three leases by ConAgra Foods, Inc. to Freebird II, LLC. Upon motion the
documents were received, filed, and approved.
Dubuque Regional Humane Society: Communication from the City Manager to the Miccio
Foundation in support of the Dubuque Humane Society’s grant application for veterinary
equipment. Upon motion the documents were received and filed.
Citizen Communications: Communication from Gerhardt Van Drie regarding present
methods for disposal of sludge from sewage treatment plants.
Communication from Steve Kluesner, Farley, Iowa, regarding garbage laying along the
sides of Highway 20 and littering along Kerper Court.
Communication from Laura Determan regarding the City’s ordinance on tattoo parlors.
Upon motion the documents were received and filed and referred to the City Manager.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Interstate Power Company Building located at 1000 Main Street has been
accepted for nomination to the National Register of Historic Places by the State National
Register Nominations Review Committee. Upon motion the documents were received and
filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the amendment to Enterprise Zone 2 has been
approved. Upon motion the documents were received and filed.
Every Child / Every Promise: Communication from Eric Dregne, Co-Chair Mississippi Valley
Promise, thanking the City Council for their support of the Every Child / Every Promise
initiative. Upon motion the documents were received and filed.
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Purchase of Property – 506 East 22 Street: City Manager recommending approval of the
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purchase of property located at 506 East 22 Street as part of the Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
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139-08 Approving the acquisition of real estate located at 506 East 22 Street in the City of
Dubuque was adopted.
Purchase of Property – 2312 Washington Street: City Manager recommending approval of
the purchase of property located at 2312 Washington Street as part of the Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
140-08 Approving the acquisition of real estate located at 2312 Washington Street in the City of
Dubuque was adopted.
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Purchase of Property – 2014 Kniest Street: City Manager recommending approval of the
purchase of property located at 2014 Kniest Street as part of the Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
141-08 Approving the acquisition of real estate located at 2014 Kniest Street in the City of
Dubuque was adopted.
Purchase of Property – 510, 510½, 512 Rhomberg Avenue: City Manager recommending
approval of the purchase of property located at 510, 510½, and 512 Rhomberg Avenue as part
of the Bee Branch Creek Restoration Project. Upon motion the documents were received and
filed and Resolution No. 142-08 Approving the acquisition of real estate located at 510, 510½,
and 512 Rhomberg Avenue in the City of Dubuque was adopted.
Millworking Historic District: Communication from the Historic Preservation Commission
recommending approval of the nomination of the Dubuque Millworking Historic District to the
National Register of Historic Places. Upon motion the documents were received, filed, and
approved.
Four Mounds Foundation – Historic Resource Development Program (HRDP): City Manager
recommending approval of the State Historical Society of Iowa Historic Development Program
(HRDP) grant application for the Four Mounds Foundation for interior restoration and
rehabilitation of the White House. Upon motion the documents were received and filed and
Resolution No. 143-08 Approving Historic Resource Development Program (HRDP) Grant
Application by Four Mounds Foundation was adopted.
Health Choices Administrative Services Fee: City Manager recommending approval of the
administrative fee presented by Health Choices for the City’s health insurance plan for the
period July 1, 2008, through June 30, 2010. Upon motion the documents were received, filed,
and approved.
Fifth Street Reconstruction Project – Alpine Street to Hill Street: City Manager
recommending acceptance of the Fifth Street Reconstruction Project – Alpine Street to Hill
Street as completed by Horsfield Construction in the final contract amount of $719,093.93 and
the establishment of the final schedule of assessments. Upon motion the documents were
received and filed and Resolution No. 144-08 Accepting the Fifth Street Reconstruction Project
– Alpine Street to Hill Street and authorizing the payment of the contract amount to the
contractor and Resolution No. 145-08 Adopting the final assessment schedule for the Fifth
Street Reconstruction Project – Alpine Street to Hill Street were adopted.
2007 Sidewalk Assessment Program: City Manager recommending approval of the levy of
special assessments for the 2007 Sidewalk Inspection Program. Upon motion the documents
were received and filed and Resolution No. 146-08 Adopting the final assessment schedule for
the 2007 Sidewalk Assessment Program was adopted.
Serenity Ridge Agreement: City Manager recommending approval of an agreement
between the City of Dubuque (City) and John Herrig (Developer) for the proposed intersection
of Plaza Drive and Derby Grange Road. Upon motion the documents were received, filed, and
approved.
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Hawthorne Street Railroad Crossing Agreement: City Manager recommending approval of
the State of Iowa Federal-Aid Grade Crossing Safety Improvement Agreement between the
Iowa Department of Transportation, the City of Dubuque, and the Iowa, Chicago, and Eastern
Railroad (IC&E Railroad) for the construction and installation of safety improvements at the
Hawthorne Street at-grade crossing. Upon motion the documents were received and filed and
Resolution No. 147-08 Approving State of Iowa Federal-Aid Grade Crossing Safety
Improvement Agreement between the Iowa Department of Transportation, the City of Dubuque,
and the Iowa, Chicago, and Eastern Railroad (IC&E Railroad) for the construction of safety
improvements at the Hawthorne Street crossing was adopted.
Chavenelle Court – RISE Application: City Manager recommending approval of a project
agreement with the Iowa Department of Transportation for Revitalize Iowa’s Sound Economy
(RISE) funding of street improvements for Chavenelle Court in Dubuque Industrial Center
West. Upon motion the documents were received and filed and Resolution No. 148-08
Approving an agreement for RISE funding with the Iowa Department of Transportation relating
to development of Chavenelle Court in the Dubuque Industrial Center West was adopted.
Sustainable Land Development International (SLDI): City Manager recommending approval
of an Enterprise Zone Program Agreement between the Iowa Department of Economic
Development, the City of Dubuque and Sustainable Land Development International. Upon
motion the documents were received and filed and Resolution No. 149-08 Approving an
Enterprise Zone Program Agreement between the Iowa Department of Economic
Development, the City of Dubuque and Sustainable Land Development International was
adopted.
Quarterly Investment Report: City Manager submitting the March 31, 2008 Quarterly
Investment Report. Upon motion the documents were received and filed.
Enterprise Zone Appointments: City Manager recommending confirmation of two
appointments to the City’s Enterprise Zone Commission. Upon motion the documents were
received, filed, and approved.
Preference for Local Purchases of Goods and Services: City Manager communication to
Jim Mulgrew, Mulgrew Oil Company, in response to his request to be exempted from the City’s
preference for local purchases of goods and services.
City Attorney’s opinion regarding preference for local purchases of goods and services.
Communication from Public Works Director Don Vogt regarding purchases affected by the
local preference requirement.
Upon motion the documents were received and filed.
Water Pollution Control Plant Facility Planning: City Manager providing responses to
questions raised at the April 14, 2008 City Council Work Session regarding the Water Pollution
Control Plant Facility. Upon motion the documents were received and filed.
West 32nd Street Detention Basin – State Revolving Funds: City Manager recommending
approval of the State Environmental Information Document as a prerequisite for the use of
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State Revolving Loan Funds for the construction of the West 32 Street Detention Basin. Upon
motion the documents were received, filed, and approved.
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Players Bar and Grill Liquor License: City Manager recommending approval of the annual
liquor license for Players Bar and Grill located at 1902 Central Avenue for the renewal period
of March 5, 2008 to March 4, 2009. Upon motion the documents were received and filed and
Resolution No. 150-08 Granting the issuance of a Class “C” Beer/Liquor License to Players
Bar and Grill was adopted.
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. 151-08 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Project
Concern and a Class “C” Beer Permit to Oky Doky #1 and Oky Doky #2 and Resolution No.
152-08 Granting the issuance of a Class “C” Beer/Liquor License to Buffalo Wild Wings Grill
and Bar, Shot Tower Inn and Chance R; Special Class “C” Liquor License to Jorja Restaurant;
Class “B” Wine Permit to Oky Doky #1 and Oky Doky #2; Class “WBN” Native Wine Permit to
Flowers on Main; and a Class “WCN” Native Wine Permit to Stone Cliff Winery were adopted.
Progressive Packaging LLC: City Manger recommending approval of an amendment to the
development agreement between the City of Dubuque and Progressive Packaging LLC to
extend the closing date for an additional 14 days ending May 16, 2008. Upon motion the
documents were received, filed, and approved.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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.
Groveland Place Sanitary Sewer Reconstruction Project: City Manager recommending
initiation of the Groveland Place Sanitary Sewer Reconstruction Project and that a public
hearing be set for May 19, 2008 to consider approval of the plans and specifications, form of
contract and estimate of cost. Upon motion the documents were received and filed and
Resolution No. 153-08 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 the advertisement for bids for the Groveland Place Sanitary Sewer
Reconstruction Project was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on May 19, 2008, in the Historic Federal Building.
Historic Designation – 2537 Windsor Avenue: Historic Preservation Commission
recommending approval of the application of Cheryl Walser Kramer for Individual Historic
Designation by Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of
Ordinances by adding Section 25-6.14(3) Establishing an individually designated historic
property at 2537 Windsor Avenue and that a public hearing be set for July 7, 2008.
Communication from Cheryl Walser Kramer regarding the application for Individually
Designated Historic Property at 2537 Windsor Avenue.
Upon motion the documents were received and filed setting a public hearing for a meeting
to commence at 6:30 p.m. on July 7, 2008, in the Historic Federal Building.
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions;
Human Rights Commission: One 3-year vacant term through January 1, 2010 (Term of
Coan). Applicants: Jim Allan, 850 Hawkeye Drive; Char Eddy, 565 Sunset Ridge. Ms. Eddy
spoke in support of her appointment.
TV Cable Regulatory Commission: One 3-year vacant term through June 30, 2010 (Term of
Pratt). Applicant: Andy Bellings, 2995 Fox Hollow Road. Mr Bellings spoke in support of his
appointment.
Appointments to the following Boards/Commissions:
Airport Zoning Commission: Two 6-year vacant, expired terms through January 3, 2014
(Terms of Gaber and Stiles). Volunteering Commissioner: Jeff Stiles, Vice Chairperson, Zoning
Advisory Commission. Motion by Connors to appoint Jeff Stiles to the Airport Zoning
Commission for a 6-year term expiring January 3, 2014. Seconded by Braig. Motion carried 7-
0.
Electrical Code Board: Five 3-year expired terms through May 21, 2011 (Terms of Mueller,
Dixon, Hammel, Reiss, Pfohl). Applicants: James Dixon, 2505 Marquette Place; and Dan
Hammel, 3163 Hillcrest Road, #4. Motion by Connors to appoint both James Dixon and Dan
Hammel to the Electrical Code Board for 3-year terms expiring May 21, 2011. Seconded by
Jones. Motion carried 7-0.
Library Board of Trustees (Mayor Appointment): Two 4-year vacant terms through June 1,
2011 (Terms of Lindsay and Avery). Applicants: Paula Connors, 818 So. Grandview Avenue;
Elizabeth Leeper, 1576 Glen Oak Street; Thomas Stecher, 2117 Orchard Drive; and Mike
Willis, 1298 Locust Street, #2. Upon Council concurrence, Mayor Buol appointed Paula
Connors and Elizabeth Leeper to the Library Board of Trustees for 4-year terms expiring June
1, 2011.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Real Estate Contract with Dubuque Community School District; Proof of publication on
notice of public hearing to consider approval of a real estate contract between the Dubuque
Community School District and the City of Dubuque for the purchase of the Kephart Building
and City Manager recommending approval.
City Manager submitting information regarding the conversion of the Kephart Building to the
Multicultural Family Center.
City Manager submitting the English Language Learning Program Agreement with the
Dubuque Community School District.
Motion by Jones to receive and file the documents and adopt Resolution No. 154-08
Approving and authorizing execution of a real estate contract between the City of Dubuque
and Dubuque Community School District, as seller, in the principal amount of $185,000.
Seconded by Connors. Motion carried 7-0.
Request to Vacate – Liebe Street and Washington Street: Proof of publication on notice of
public hearing to consider a request from Dubuque Stamp and Manufacturing to vacate and
purchase a portion of Liebe Street and Washington Street and City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 155-08
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Approving plat of proposed vacated portions of Liebe Street and Washington Street; Resolution
No. 156-08 Vacating portions of Liebe Street and Washington Street; and Resolution No. 157-
08 Disposing of City interest in Lot C and Lot D of Liebe’s Subdivision No. 2 in the City of
Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0.
Chavenelle Court Construction Project: Proof of publication on notice of public hearing to
consider the plans and specifications, form of contract and estimated cost for the Chavenelle
Court Construction Project and City Manager recommending approval. Motion by Connors to
receive and file the documents and adopt Resolution No. 158-08 Approval of plans,
specifications, form of contract, and estimated cost for the Dubuque Industrial Center West –
Chavenelle Court Construction Project. Seconded by Voetberg. Motion carried 7-0.
Fiscal Year 2008 Budget Amendment: Proof of publication on notice of public hearing to
consider the second amendment to the Fiscal Year 2008 Budget and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 159-08 Amending the current budget for the Fiscal Year ending June 2008.
Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limited discussion to the City Council.
ACTION ITEMS
Rush Street Reconstruction Project: Communication from Daniel and Mildred Boge
requesting an exemption from having a sidewalk installed along their property at 333 Villa
Street. Motion by Connors to receive and file the documents and refer to the City Manager.
Seconded by Braig. Dan Boge, 333 Villa, was granted time to speak in support of the
exemption request. Motion carried 7-0.
409 Burch Street – Eminent Domain Proceedings: City Attorney recommending that the
resolution authorizing the commencement of eminent domain proceedings to acquire the
property at 409 Burch Street be placed on the agenda for the May 19, 2008 City Council
meeting and that the Notice of Intent to Approve Acquisition of Property by Eminent Domain be
re-sent to the property owner. Motion by Lynch to receive and file the documents and approve.
Seconded by Connors. Motion carried 7-0.
Adult Entertainment Ordinance: City Manager recommending adoption of an ordinance
amending the recently adopted Adult Entertainment ordinance to clarify and revise several
sections of the ordinance.
Communication from Chad W. Thomas, Moyer & Bergman, P.L.C., representing The Adult
Warehouse, regarding the adult entertainment licensure ordinance.
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 Voetberg. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 28-08 Amending City
of Dubuque Code of Ordinances Chapter 31 Business Regulations, Article X, Section 31.143
Application; Section 31.145 Standards for Issuance or Denial of License; and Section 31.149
Regulations Applicable to all Adult Entertainment Establishments, to clarify and revise portions
or the ordinance. Seconded by Voetberg. Motion carried 7-0.
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Dubuque Regional Airport Terminal Relocation Project: City Attorney recommending
approval of the commencement of eminent domain proceedings to acquire property for the
Dubuque Regional Airport Terminal Relocation Project. Motion by Connors to receive and file
the documents and adopt Resolution No. 160-08 Authorizing the commencement of eminent
domain proceedings for the acquisition of certain real property owned by Ronald Bradley, Brian
Bradley and Jeff Bradley at 10719 Merlin Lane in Dubuque County, Iowa for the Dubuque
Regional Airport Terminal Relocation Project. Seconded by Voetberg. Douglas C. Pearce, 880
Locust Street, attorney for the Bradley, family requested this item be tabled for two to four
weeks stating that there had been no good faith negotiations, no discussions at all, and no
opportunity for the two sides to get together. Connors and Lynch expressed disbelief that there
was no negotiation. Assistant City Attorney Tim O’Brien stated if the good faith process goes
on, the City wouldn’t do eminent domain proceedings; and there have been at least a dozen
attempts to contact the Bradleys and their attorney. O’Brien noted that the eminent domain
process does not start until the papers are filed in court. Motion carried 7-0.
2008 Art on the River: Arts and Cultural Affairs Advisory Commission requesting City Council
concurrence with the selection of artwork for the 2008 Art on the River competition. Motion by
Connors to receive and file the documents and approve. Seconded by Lynch. Motion carried 7-
0.
Utility Billing Policies and Procedures: City Manager recommending approval of
amendments to three City ordinances relating to delinquent utility accounts. 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 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 29-08 Amending
City of Dubuque Code of Ordinances Section 40-38 Charges – Billing and Collection,
Ordinance No. 30-08 Amending City of Dubuque Code of Ordinances Section 44-86 Lien for
Failure to Pay, and Ordinance No. 31-08 Amending City of Dubuque Code of Ordinances
Section 44-204 Payment of Bills. Seconded by Braig. Motion carried 7-0.
Beeler Tree Farm and Breitbach Tree Farm Offer: City Manager recommending acceptance
of an offer made to Mayor Roy Buol from Beeler Tree Farm and Breitbach Tree Farm for a
reduced price on 4-inch diameter trees and approval of a “Sponsor Tree Planting Program” for
these trees. Motion by Lynch to receive and file the documents and approve. Seconded by
Connors. Motion carried 7-0.
Greater Dubuque Development Corporation Board of Directors: Communication from the
Greater Dubuque Development Corporation requesting appointments to the Greater Dubuque
Development Corporation Board of Directors (currently Mayor Roy Buol, City Manager Michael
Van Milligen, Economic Development Director Dave Heiar and City Council Members Joyce
Connors and Kevin Lynch). Motion by Connors to appoint Mayor Roy Buol, City Manager
Michael Van Milligen, Economic Development Director Dave Heiar and City Council Members
Joyce Connors and Kevin Lynch to the Greater Dubuque Development Corporation Board of
Directors. Seconded by Jones. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Jones encouraged all veterans to attend the All the Way Home Event and take advantage of
the many services offered.
Lynch reported on his attendance at the recent City workers picnic and congratulated them
on their service during the 2007-2008 winter season.
Braig congratulated City workers on their service during the 2007-2008 winter season.
Resnick reported on his attendance at the recent Bike/Hike event, stating that it was well
attended with many ideas.
CLOSED SESSION
Motion by Jones to convene to Closed Session at 8:04 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by
Connors. Motion carried 7-0.
Upon motion Council reconvened in Regular Session at 9:15 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the Council adjourned at 9:16 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 5/14
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