Minutes City Council 8 4 08
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on August 4, 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 Pastor Terry Bemis, Assembly of God Church.
PROCLAMATIONS
Tour de Dubuque Day (August 23, 2008) was accepted by Mike Martin and Gene Rokusek;
Responsible Gaming Week (August 4 – 8, 2008) was accepted by Carrie Tedore, Diamond Jo
Casino; and Jesus Aviles, Dubuque Greyhound Park and Casino.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/24 and 6/30;
City Council of 7/21; Housing Commission of 6/24; Human Rights Commission of 6/9; Investment
Oversight Advisory Commission of 7/23; Library Board of Trustees of 5/1 and 5/22
Proofs of publication of City Council Proceedings of June 30, 2008 and July 7, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Audrea Walsh for vehicle damage; Zach Schreiber for vehicle damage;
McDermott Excavating for work completed on behalf of Rubloff Development Group; Bruce W.
Ohnesorge 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: Audrea Walsh for vehicle damage;
Zach Schreiber for vehicle damage. Upon motion the documents were received and filed and
concurred
Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, advising
that Neztrop, LLC has appealed their 2008 assessment to the Property Assessment Appeal Board
in Des Moines. Upon motion the document was received and filed.
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Advisory Design Review - Locust Street Resurfacing Project from 9 to 17 Streets:
Communication from the Historic Preservation Commission recommending approval of the Locust
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Street Resurfacing Project from 9 to 17 Streets. Upon motion the documents were received,
filed, and approved.
Historic District Public Improvement Project (HDPIP) Funding – Four Mounds Interpretive Sign
Project: Communication from the Historic Preservation Commission recommending approval of
HDPIP funding for installation of two outdoor interpretive signs and a concrete pad within the farm
campus of Four Mounds. Upon motion the documents were received, filed, and approved.
English Language Learner Instruction Services Program: City Manager recommending approval
of a 28E Agreement between the City of Dubuque and the Dubuque Community School District for
the English Language Learner Instructional Services (ELL) program. Upon motion the documents
were received, filed, and approved.
High Quality Jobs Program (HQJP) Contract for Progressive Packaging, LLC: City Manager
recommending approval of the contract with the Iowa Department of Economic Development for
High Quality Jobs Program benefits on behalf of Progressive Packaging, LLC. Upon motion the
documents were received and filed and Resolution No. 251-08 Approving a High Quality Jobs
Program Agreement by and among the Iowa Department of Economic Development, the City of
Dubuque, and Progressive Packaging, LLC, was adopted.
Iowa 32 Bike/Hike Trail – Phase I: Notice of Use Restriction: City Manager recommending
approval of the Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail – Phase 1 as part of the
Resource Enhancement and Protection (REAP) grant. Upon motion the documents were received
and filed and Resolution No. 252-08 Approving the Notice of Use Restrictions related to Phase 1 of
the Iowa 32 Bike/Hike Trail was adopted.
Quarterly Investment Report: City Manager transmitting the June 30, 2008 Quarterly Investment
Report. Upon motion the document was received and filed.
Port of Dubuque Adams Development, LLC: Communication from Brian J. Kane, counsel for
Port of Dubuque Adams Development, LLC, requesting approval of a “Partial Assignment of
Development Agreement for Security.” Upon motion the documents was received and filed and
referred to the City Attorney.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Interstate Power Company Building, 1000 Main Street, was listed in the National
Register of Historic Places effective June 26, 2008. Upon motion the document was received and
filed.
Citizen Petition: Petition from the residents of the 2200 block of Foye Street requesting that the
street be changed to a one-way street from Lowell Street to Napier Street going from south to
north. Upon motion the document was received and filed and referred to the City Manager.
Citizen Communication: Communication from Rosemary Timmerman expressing concerns over
traffic enforcement on Dodge Street. Upon motion the document was received and filed and
referred to the City Manager
Wartburg Theological Seminary I-Net User Agreement: City Manager recommending approval of
an I-Net User Agreement with Wartburg Theological Seminary. Upon motion the documents were
received, filed, and approved.
Iowa Street Parking Ramp to NICC Building – Walkway Project: City Manager recommending
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award of the public improvement contract for the Iowa Street Parking Ramp to NICC Building –
Walkway Project to Portzen Construction in the amount of $67,346.07 and also approve the
alternate bid for the guardrail in the amount of $1,500.00. Upon motion the documents were
received and filed and Resolution No. 253-08 Awarding public improvement contract for the Iowa
Street Parking Ramp to NICC Building – Walkway Project was adopted.
PEG Capital Grant Expenditure Request: City Manager recommending approval of one request
for funding from the Capital Grant for Access Equipment and Facilities to install the necessary
equipment to send the live feed of the County Board of Supervisors meetings to the CityChannel 8
control room at City Hall Annex via the I-Net. Upon motion the document was received, filed, and
approved.
Fly-By-Night Productions: Communication from Michael D. Gibson, Fly-By-Night Productions,
thanking the City Council for the recent Special Project Grant of $8,558 and General Operating
Support Grant of $1,227. Upon motion the documents were received and filed.
City Development Board: Communication from Steven R. McCann, City Development Board
Administrator, submitting the Findings of Fact and Conclusions of Law and The Final Order filed by
the City Development Board approving the voluntary annexation petition submitted by the City of
Dubuque. Upon motion the documents were received and filed.
Assignment of Meter Reading Service Agreement: City Manager recommending approval of the
Assignment of the Meter Reading Service Agreement by Aquila, Inc. to Black Hills/Iowa Gas Utility
Company, LLC d/b/a Black Hills Energy. 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.
254-08 Granting the issuance of a Class “B” Beer Permit to Tri-State Independent Blind Society
and a Class “B” Beer Permit (5-Day Special Event) to Dubuque Jaycees and Resolution No. 255-
08 Granting the issuance of a Class “C” Beer/Liquor License to Ten Pin Tap and Shannon’s Bar
and Grill; a Special Class “C” Liquor License to Bell Tower Productions; and a Class “WBN” Native
Wine Permit to Mandolin Inn and Casey’s General Store #2420 were adopted.
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.
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U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project: City Manager
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recommending initiation of the public bidding process for the U.S. Highway 52 Resurfacing – 32
Street to the Northwest Arterial Project and that a public hearing be set for August 18, 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. 256-08 Preliminary approval of
plans, specifications, form of contract, and estimated cost, setting date of public hearing and
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ordering bids for the U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 18, 2008
in the Historic Federal Building.
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Greater Downtown Urban Renewal District: City Manager recommending that a public hearing
be set for September 2, 2008 to consider an amendment to the Urban Renewal Plan for the
Greater Downtown Urban Renewal District. Upon motion the documents were received and filed
and Resolution No. 257-08 Resolution of Necessity finding that certain areas adjacent to the
Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban
Renewal law, and that development of said areas is necessary in the interest of the residents of the
City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on September 2, 2008 in the Historic Federal Building.
Dubuque Brewing and Malting Company Urban Renewal District: City Manager recommending
that a public hearing be set for September 2, 2008 to consider creation of the Dubuque Brewing
and Malting Urban Renewal District which would include approximately 14 acres of property
located along Jackson Street. Upon motion the documents were received and filed and Resolution
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No. 258-08 Resolution of Necessity finding that certain property bounded by 30, Jackson, and
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32 Streets and the Heritage Biking Trail is a blighted area and that the redevelopment of said
area is necessary in the interest of the residents of the City of Dubuque, Iowa, was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on September 2, 2008 in the Historic
Federal Building.
Spiegel Family Realty of Iowa, LLC – Development Agreement: City Manager recommending
that a public hearing be set for September 15, 2008 to consider approval of a Development
Agreement with Spiegel Family Realty of Iowa, LLC for the construction of a 200,000 square foot
speculative industrial building in Dubuque Industrial Center West. Upon motion the documents
were received and filed and Resolution No. 259-08 (1) Approving the minimum requirements,
competitive criteria, and offering procedures for the development and the sale of certain real
property and improvements in the Dubuque Industrial Center Urban Renewal District; (2)
Determining that the Development Agreement submitted by Spiegel Family Realty of Iowa, LLC
satisfies the offering requirements with respect to the real property and improvements and
declaring the intent of the City Council to approve the Development Agreement with Spiegel Family
Realty of Iowa, LLC in the event that no competing proposals are submitted and further declaring
the intent of the City Council to dispose of the real estate described herein upon the terms in the
Development Agreement; and (3) soliciting competing proposals was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on September 15, 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:
Historic Preservation Commission (Langworthy District Interim Appointment): One 3-year vacant
term through July 1, 2011 (Term of Wainwright). Applicant: Pamela Cleek, 285 Burch Street. Ms.
Cleek spoke in support of her appointment.
TV Cable Community Teleprogramming Commission: One 3-year term through June 30, 2011
(Term of Hoverman). Applicant: Sr. Carol Hoverman, 1555 White Street.
Appointments to the following Boards/Commissions:
Housing Commission: Three 3-year terms through August 17, 2011 (Terms of Helling,
Frommelt, Mozena). Applicants: Linda Frommelt , 140 N. Algona Street; William Helling, 4988 Red
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Violet Drive; Lynn Sutton, 876 Yale Court. Motion by Connors to appoint Linda Frommelt, William
Helling, and Lynn Sutton to 3-year terms through August 17, 2011. Seconded by Braig. Motion
carried 7-0.
Library Board of Trustees (Mayor Appointment): One 4-year vacant term through July 1, 2011
(Term of Shubatt). Applicant: Matthew Seamer, 432 Summit Street; Additional applicant: David
Hammer, 720 Laurel Park Road. Upon concurrence from the City Council, Mayor Buol appointed
David Hammer to a 4-year term through July 1, 2011.
PUBLIC HEARINGS
Upon motion the rules were reinstated limiting discussion to the City Council.
Petrakis Field Turf Replacement Project: Proof of publication on notice of hearing to consider
the plans and specifications, form of contract and estimated cost for the Petrakis Field Turf
Replacement Repair Project and City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 260-08 Approving plans, specifications,
form of contract, and estimated cost for the Petrakis Field Turf Replacement Project. Seconded by
Connors. Motion carried 7-0.
Dubuque Industrial Center West – Demolition and Grading Project: Proof of publication on
notice of hearing to consider the plans and specifications, form of contract and estimated cost for
the Dubuque Industrial Center West – Demolition and Grading Project and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 261-08 Approving plans, specifications, form of contract, and estimated cost for the
Dubuque Industrial Center West – Demolition and Grading Project. Seconded by Jones. Motion
carried 7-0.
Terminal Street Pumping Station Project: Proof of publication on notice of hearing to consider
the plans and specifications, form of contract and estimated cost for the Terminal Street Pumping
Station project and award of the contract to Morse Electric, in the amount of $552,200, and City
Manager recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 262-08 Approving plans, specifications, form of contract, and estimated cost;
Resolution No. 263-08 Awarding public improvement contract to Morse Electric for the Terminal
Street Pumping Station Project; and Resolution No. 264-08 Approving the construction contract for
the Terminal Street Pumping Station Improvement Project. Seconded by Lynch. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dodds River Terminal, Inc.: Communication from Arthur F. Gilloon, representing Dodds River
Terminal, Inc., requesting to address the City Council regarding the Dubuque Municipal River-Rail
Terminal Lease dated April 10, 1979 and the Shorefront Lease and Easement dated May 31, 1958
(as amended on October 4, 1968).
February 7, 2002 communication to Dodds River Terminals’ attorney Al Hughes, from Public
Works Director Mike Koch, advising for the record that the Dodds lease was set to expire on March
31, 2008 for both leases and that because of the redevelopment taking place in the area, the City
had no plans to extend the lease past this date.
Motion by Connors to receive and file the documents and refer to the City Manager. Seconded
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by Braig. Attorney Art Gilloon, 770 Main Street, spoke on behalf of his client, Dodds River
Terminal. Mr. Gilloon reviewed the information distributed to City Council agenda highlighting
Exhibits G and H and follow-up letters regarding the leases’ expiration dates. Mr. Gilloon believes
the extension dates of the leases are in dispute, and his client is exercising their right to extend. He
requested City Council to direct the City Manager to meet with Mr. Dodds and re-evaluate their
position on the first lease and agree to rent the land on which the Dodds’ building stands until
definite plans are made for the South Port. He asked the City Council to please consider both
leases together and provide his client with the right of first refusal. Van Milligen informed the City
Council that he had contacted Dodds regarding a meeting, but had not received a response.
Motion carried 7-0.
Keymont Drive – Request to Rezone (First Reading on July 21, 2008): Proposed ordinance
amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located east of Keymont Drive from R-1 Single-Family
Residential District to R-2 Two-Family Residential District
Communication from Charles Daoud, dated July 26, 2008, responding to City Council questions
regarding the proposed rezoning.
Communication from Charles Daoud, dated July 25, 2008, offering to organize an educational
seminar on “green designs” in partnership with Eric Schmechel (Dubuque Soil and Water
Conservation District) and Wayne Peterson (Iowa Department of Agriculture Land Stewardship).
Communication from City Manager in response to Mr. Daoud regarding the educational
seminar.
Communication from Kenneth Buesing submitting responses to comments made at the July 21,
2008 public hearing regarding the request to rezone property on Keymont Drive.
Communication from Donna Smith requesting that residents of Key Knolls Subdivision area,
including Kyle Stewart and Dean Reichmann, be allowed to address the City Council regarding the
rezoning of property on Keymont Drive.
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 Jones. Motion carried 7-0.
Kyle Stewart, 1815 Keyway Drive, spoke in opposition to the proposed ordinance on behalf of
area residents and distributed a letter and geological map. Charles Daoud, 396 Moore Heights,
spoke in support of the proposed ordinance and provided information on the educational seminars.
Responding to questions by Council, City Engineer Gus Psihoyos stated that the City will work
with the developer and the City’s Public Works Department to make this sustainable pilot project
work and that there is not enough traffic on Keymont Street to warrant a traffic study. Connors
stated that the issue of plowing and maintaining pavers is successfully handled in other cities.
Jones stated that the City Council was not waiving any design standards because the project will
go through the required design review process. Voetberg questioned if there was a signed
agreement committing the developer to a sustainable design. Buol stated that this is a great
sustainable project with a committed developer.
Motion by Connors for final consideration and passage of Ordinance No. 53-08 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying
hereinafter described property located east of Keymont Drive from R-1 Single-Family Residential
District to R-2 Two-Family Residential District. Seconded by Braig. Motion carried 6-1 with
Voetberg voting nay.
Advisory Design Review – Five Points Building: Communication from the Historic Preservation
Commission requesting that City Council allow the Commission to conduct advisory design review
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of the future Walgreen’s to be located at the current Five Points building site. Motion by Connors to
receive and file the documents and deny the request. Seconded by Lynch. Rich Whitty, Attorney for
the developer, spoke in opposition to the request and asked the City Council to deny it. Motion
carried 7-0.
Contract for Services – Project HOPE: City Manager recommending approval of a contract with
the Community Foundation of Greater Dubuque to provide staff support to the City’s Project HOPE
(Helping our People Excel) initiative. Motion by Jones to receive and file the documents and
approve. Seconded by Voetberg. Motion carried 7-0.
Green Alley Pilot Project: City Manager recommending initiation of the public bidding process for
the Green Alley Pilot Project and that a public hearing be set for August 18, 2008 to consider
approval of the plans and specifications, form of contract and estimated cost and further proposing
that this pilot project not be an assessable project. Motion by Connors to receive and file the
documents and adopt Resolution No. 265-08 Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the Green Alley
Pilot Project . Seconded by Jones. Motion carried 7-0.
Riverfront Marina Project: City Manager recommending approval of in the selection of JJR, from
Madison, Wisconsin, as the professional design consultant for the Port of Dubuque – Riverfront
Marina Project. Motion by Lynch to receive and file the documents and approve. Seconded by
Braig. Motion carried 7-0.
Purchase of Services Work Session: City Manager requesting that a new date be selected for
the Purchase of Services work session. Motion by Connors to receive and file the document and
set a work session prior to the regular City Council meeting on October 20, 2008. Seconded by
Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Jones reported on the recent visit of Fatoumata Manjang from Uganda. Ms. Manjang wrote a
book referencing Dubuque, which she presented to the City along with a plaque and a wood
carving. Jones asked that a location be found to display the items for the public.
CLOSED SESSION
Motion by Jones to go into closed session at 8:10 p.m. regarding pending litigation and property
acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Braig. Motion
carried 7-0.
Upon motion the City Council reconvened in open session at 8:45 p.m. stating they had given
staff proper direction.
There being no further business, upon motion the City Council adjourned at 8:46 p.m.
Jeanne F. Schneider, CMC
City Clerk
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