Minutes City Council 9 2 08CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on September 2, 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 Dianne Christopher, St. Luke's Methodist Church.
SWEARING-IN
Mayor Pro-Tem Kevin Lynch
PROCLAMATIONS
National Alcohol and Drug Addiction Recovery Month (September, 2008) was accepted by Diane
Thomas, Substance Abuse Services Center, and Malissa Sprenger, Mercy Turning Point Treatment
Center. City Employer Support of the Guard and Reserve Week (September 14 - 20, 2008) was
accepted by Tom Flynn and Dan Nicholson.
CONSENT ITEMS
Motion by Jones 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: City Council of 8/18, 8/25 and 8/26; Civil Service Commission of
8/7 and 8/20; Historic Preservation Commission of 8/21; .Long Range Planning Advisory Commission
of 8/20; Zoning Advisory Commission of 8/6;
Proof of publication of printed City Council proceedings of August 4, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Bert and Dave Ament for property damage; US Bank National Association
vs. City of Dubuque, et al; Dennis A. Roling for property damage
Upon motion the documents were received and filed and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: Bert Ament for property damage
City Attorney recommending denial of the claim of Bruce Ohnesorge for vehicle damage.
Upon motion the documents were received, filed and concurred.
Citizen Communication: Communication from David H. Parrett, 9349 April Lynne Court, regarding
air-brake, air tank modifications to City vehicles. Upon motion the document was received and filed
and referred to the City Manager.
Purchase of Property - 7000 Pennsylvania Avenue: City Manager recommending approval of the
acceptance of the warranty deed from Allen F. and Mary Ann Lex for property located at 7000
Pennsylvania Avenue. Upon motion the documents were received and filed and Resolution No. 282-
08Accepting the deed to certain real estate in Dubuque County, Iowa from Allen F. Lex and Mary Ann
Lex was adopted.
Sale of Property - 141 East 11t" Street: City Manager recommending approval of the sale of
property located at 141 East 11t" Street to Doug Horsfall/Horsfall, Inc., as part of the condominium
renovation project located adjacent at 1126 White Street. Upon motion the documents were received
and filed and Resolution No. 283-08 Approving the sale of real estate located at 141 East 11t" Street
in the City of Dubuque was adopted.
Port of Dubuque Adams Development, LLC/Partial Assignment of Development Agreement for
Security: City Manager recommending approval of a Partial Assignment of Development Agreement
for Security as requested by Brian Kane, attorney for Port of Dubuque Adams Development, LLC.
Upon motion the documents were received, filed, and approved.
Eagle Point Water Plant Clear Well Renovation Project -Phase I: City Manager recommending
acceptance of the Eagle Point Water Clear Well Renovation Project - Phase I as completed by Tricon
General Construction in the final contract amount of $751,181. Upon motion the documents were
received and filed and Resolution No. 284-08 Accepting the Eagle Point Water Plant Clear Well
Rehabilitation Project - Phase I and authorizing payment of the contract amount to the contractor was
adopted.
Holliday Third Addition -Stormwater Facilities Fee Agreement: City Manager recommending
approval of the assignment of interest in the Stormwater Facilities Agreement for Holliday Third
Addition from Commercial Holliday Development, LLC to both WBBW Holliday Development, LLC
and Gomer Holliday Development, LLC. Upon motion the documents were received, filed, and
approved.
Snow and Ice Removal Assessments: City Manager recommending approval of the levy of special
assessments for snow and ice removal. Upon motion the documents were received and filed and
Resolution No. 285-08 Adopting the schedule of assessments for snow and ice removal specifying
the number of annual installments into which assessments are divided, the interest on all unpaid
installments, the time when the assessments are payable and directing the Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof and Resolution No.
286-08 Authorizing the City to collect delinquent snow and ice removal charges in accordance with
Section 364.12.2.b of the State of Iowa Code; Section 41-86, Section 26-(b)(3) & Section 26-6.(b) of
the Code of Ordinances of the City of Dubuque, Iowa, were adopted.
AmeriCorps Grant: City Manager recommending approval of a three-year AmeriCorps Grant
agreement with the Corporation for National and Community Service. Upon motion the documents
were received, filed, and approved.
Four Mounds Archeological Survey: Historic Preservation Commission transmitting the final report
for the Four Mounds Archeological Survey and recommending City Council approval. Upon motion
the documents were received, filed, and approved.
Request for Proposals for Engineering Services: City Manager recommending approval of the
issuance of a Request for Proposals for engineering services for the water main extension along
Highway 61/151 south from Gateway Drive to Key West Drive. Upon motion the documents were
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received, filed, and approved.
Engineering Services -Miller Road Water Main Extension: City Manager recommending approval
of the issuance of a Request for Proposals for the engineering services for the water main extensions
along Miller Road. Upon motion the documents were received, filed, and approved.
Water Pollution Control Plant -Request for Proposals: City Manager recommending approval of
the issuance of a Request for Proposals for engineering design and construction services for the
upgrades to the Water Pollution Control Plant. Upon motion the documents were received, filed, and
approved.
Legislative Correspondence: Communication to Senator Tom Harkin, Senator Charles Grassley
and Representative Bruce Braley regarding the City's concern over a petition currently before the
Federal Communications Commission (FCC) and requesting their support in opposition to this action.
Upon motion the documents were received and filed.
German Bank Building Renovation Project: City Manager recommending approval of the loan
agreement fora $300,000 Downtown Rehabilitation Loan, $10,000 Facade Grant and $10,000
Design Grant for the German Bank Renovation Project. Upon motion the documents were received
and filed and Resolution No. 287-08 Authorizing execution of a Downtown Rehabilitation Loan,
Facade Grant, and Design Grant to German Bank Building (342 Main Street) Renovation was
adopted.
Workers' Compensation Settlement: City Manager recommending approval of the settlement
agreement for the workers' compensation claim of Francis Marshall. Upon motion the documents
were received, filed, and approved.
Agreement 2009-16-008 Final (U.S. 52 from 32nd Street to NW Arterial in Dubuque): City Manager
recommending approval of the Iowa Department of Transportation Agreement for the Drainage
Improvement and Hot Mix Asphalt Resurfacing Project on U.S. 52 from 32"d Street to the Northwest
Arterial. Upon motion the document were received and filed and Resolution No. 288-08 Approving the
Iowa Department of Transportation Agreement for 2009-16-008 Final (US 52 from 32"d Street to
Northwest Arterial in Dubuque) for the Drainage Improvement and Hot Mix Asphalt (HMA)
Resurfacing Project on US 52 between 32"d Street and the Northwest Arterial was adopted.
Curtis Collection: City Manager recommending approval of the sale of the Curtis Collection to the
Dubuque Cultural Preservation Committee through the Purchase Agreement and Purchase
Agreement Addendum. 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. 289-
08 Granting the issuance of a Class "B" Beer Permit (5-Day Special Event) to Dubuque Jaycees,
Rhody's, and Colts Community Center; and a Class "C" Beer Permit to Wal-Mart Supercenter and
Eagle Country Market and Resolution No. 290-08 Granting the issuance of a Class "C" Beer/Liquor
License (5-Day Special Event) to Clarke College; Class "C" Beer/Liquor License to National
Mississippi River Museum, Los Aztecas Mexican Restaurant; Special Class "C" (BW) Liquor License
to Bandana's Bar-B-Q; and a Class "B" Wine Permit to Eagle Country Market and Wal-Mart
Supercenter were adopted.
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings
as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones.
Motion carried 7-0.
Water Revenue Bonds: City Manager recommending that a public hearing be set for September
15, 2008 to consider the issuance of not to exceed $1,350,000 Water Revenue Bonds to pay the
costs of water main replacements and repairs, construction of water main extensions, and the
acquisition and installation of pump station radio communications equipment. Upon motion the
documents were received and filed and Resolution No. 291-08 Fixing date for a meeting on the
proposition of the issuance of not to exceed $1,350,000 Water Revenue Bonds of Dubuque, Iowa,
and providing for publication of notice thereof 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.
General Obligation Bonds -Bee Branch Project: City Manager recommending that a public
hearing be set for September 15, 2008 to consider the issuance of not to exceed $4,000,000 General
Obligation Bonds for the Bee Branch Project. Upon motion the documents were received and filed
and Resolution No. 292-08 Fixing date for a meeting on the proposition of the issuance of not to
exceed $4,000,000 General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa,
and providing for publication of notice thereof 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.
General Obligation Bonds - Greater Downtown Urban Renewal District: City Manager
recommending that a public hearing be set for September 15, 2008 to consider the issuance of not to
exceed $3,000,000 to provide funds for the Library Renovation Project and the Kephart Building
renovations. Upon motion the documents were received and filed and Resolution No. 293-08 Fixing
date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General Obligation
Bonds (for an urban renewal purpose) of Dubuque, Iowa, and providing for publication of notice
thereof 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.
General Obligation Bonds -Dubuque Industrial Center West Urban Renewal District: City Manager
recommending that a public hearing be set for September 15, 2008 to consider the issuance of not to
exceed $3,100,000 General Obligation Bonds to pay the costs associated with the North Siegert
Farm demolition and grading project at the Dubuque Industrial Center West (DICW). Upon motion the
documents were received and filed and Resolution No. 294-08 Fixing date for a meeting on the
proposition of the issuance of not to exceed $3,100,000 General Obligation Bonds (for an urban
renewal purpose) of Dubuque, Iowa, and providing for publication of notice thereof 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.
Montcrest Street Sanitary Sewer Reconstruction Project: City Manager recommending initiation of
the public bidding process for the Montcrest Street Sanitary Sewer Reconstruction Project and that a
public hearing be set for September 15, 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. 295-08 Preliminary approval of plans, specifications, form of contract, and estimated
cost, setting date of public hearing and ordering bids for the Montcrest Street Sanitary Sewer
Reconstruction Project; Resolution No. 296-08 Approving the plat, schedule of assessments and
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estimate of total cost and setting date of public hearing on Resolution of Necessity; and Resolution
No. 297-08 Resolution of Necessity were adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on September 15, 2008 in the Historic Federal Building.
Carnegie Stout Public Library Renovation Project: City Manager recommending initiation of the
public bidding process for the Carnegie Stout Public Library Renovation Project and that a public
hearing be set for September 15, 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.
298-08 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting
date of public hearing and ordering bids for the Carnegie Stout Public Library Renovation Project 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.
Fiscal Year 2009 Budget Amendment: City Manager recommending that a public hearing be set for
October 6, 2008 to consider approval of the first amendment to the Fiscal Year 2009 Budget. Upon
motion the documents were received and filed and Resolution No. 299-08 Setting the date for the
public hearing on Amendment No. 1 to the Fiscal Year 2009 Budget for the City of Dubuque was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 6, 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: Environmental Stewardship Advisory Commission: One 3-year term through
October 1, 2011 (Term of Klostermann). Applicant: Wayne Klostermann, 2636 Queen Street. Mr.
Klostermann spoke in support of his appointment.
Appointments to the following Boards/Commissions: Airport Commission: One 4-year term through
September 14, 2012 (Term of Czeshinski). Applicant: Susan Czeshinski, 2203 Sunnyslope Drive.
Motion by Connors to appoint Sue Czeshinski to the Airport Commission fora 4-year term through
September 14, 2012. Seconded by Braig. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Greater Downtown Urban Renewal District -South Port Area: Proof of publication on notice of
hearing to consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban
Renewal District -South Port Area and City Manager recommending approval.
Communication from the Long Range Planning Advisory Commission recommending approval of
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District.
Motion by Connors to receive and file the documents and adopt Resolution No. 300-08 Approving
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District.
Seconded by Jones. Motion carried 7-0.
Dubuque Brewing and Malting Urban Renewal District: Proof of publication on notice of hearing to
consider creation of the Dubuque Brewing and Malting Urban Renewal District which would include
approximately 14 acres of property located along Jackson Street and City Manager recommending
approval.
Communication from the Long Range Planning Advisory Commission recommending approval of
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the Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District.
Motion by Connors to receive and file the documents and adopt Resolution No. 301-08 Approving
the Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District. Seconded by
Lynch. Motion carried 7-0.
Quince Street Underground Utility Reconstruction Project: Proof of publication on notice of hearing
to consider adoption of the plans and specifications, form of contract, estimated cost and preliminary
schedule of assessments for the Quince Street Underground Utility Reconstruction Project and City
Manager recommending approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 302-08 Approving plans, specifications, form of contract, and estimated cost for the
Quince Street Underground Utility Reconstruction Project; Resolution No. 303-08 With respect to the
adoption of the Resolution of Necessity proposed for the Quince Street Underground Utility
Reconstruction Project; and Resolution No. 304-08 Approving schedule of assessments and estimate
of total cost for the Quince Street Underground Utility Reconstruction Project. Seconded by Lynch.
Motion carried 7-0.
Fire Station No. 2 Parking Lot Reconstruction Project: Proof of publication on notice of hearing to
consider adoption of the plans and specifications, form of contract and estimated cost for the Fire
Station No. 2 Parking Lot Reconstruction Project and City Manager recommending approval. Motion
by Jones to receive and file the documents and adopt Resolution No. 305-08 Approving plans,
specifications, form of contract, and estimated cost for the Fire Station No. 2 Parking Lot
Reconstruction Project. Seconded by Voetberg. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council
ACTION ITEMS
Historic Preservation Commission - Request for Demolition Permit: Historic Preservation
Commission recommending denial of a request from Richard and Kathy Neuses for a demolition
permit for the existing building at 1672 Central Avenue. Motion by Jones to receive and file the
document and grant the request for a demolition permit. Seconded by Braig. Motion carried 7-0.
New Market Tax Credits: City Manager recommending approval of an agreement with B&G
Development, LLC for New Market Tax Credit Consulting Services. Motion by Connors to receive and
file the documents and approve the agreement. Seconded by Lynch. Motion carried 7-0.
Dubuque Industrial Center West Speculative Building: City Manager recommending that the
ordinance that allows not-for-profit community development entities to build an industrial spec building
and receive a property tax exemption be expanded to include for-profit entities. 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. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 54-08 Amending City of
Dubuque Code of Ordinances Chapter 15 Article VI. Speculative Shell Buildings for Community
Development Organizations by amending Section 15-59 Speculative Shell Buildings: Definitions;
Section 15-60 Exemption Allowed; and Section 15-61 Application for Exemption by Property Owner.
Seconded by Connors. Motion carried 7-0.
Partial Exemption for Industrial Properties: City Manager recommending approval of an
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amendment to the Industrial Property Tax Exemption ordinance for clarification purposes. 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. 55-08 Amending City of
Dubuque Code of Ordinances Section 43-21 Partial exemption for value added to industrial real
estate by new construction and acquisition or improvements to certain machinery or equipment.
Seconded by Braig. Motion carried 7-0.
American Tank and Fabrication Development Agreement: City Manager recommending approval of
a Development Agreement with American Tank and Fabrication to replace the agreement originally
approved in 2003 with Vessel Systems. Motion by Connors to receive and file the documents and
approve the agreement. Seconded by Braig. Motion carried 7-0.
Antique Fire Truck Restoration Project: City Manager recommending approval of the commitment
of an additional $6,000 toward the completion of the Antique Fire Truck restoration. Motion by
Connors to receive and file the document and approve. Seconded by Jones. Motion carried 7-0.
Chapter 5 -Alcohol Violation Fines: City Manager recommending approval of an amendment to
Chapter 5 -Alcoholic Beverages to be consistent with the fine schedule of the Code of Iowa. 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. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 56-08 Amending City of
Dubuque Code of Ordinances Section 5-7 Persons Under Legal Age to reference the Iowa Code Fine
Provision, Section 5-7.1 Persons under legal age prohibited from attempting to purchase or otherwise
obtain alcoholic beverages and from misrepresenting the person's age by modifying required sign
language, and Section 5-7.2 Persons under legal age prohibited from premises where alcoholic
beverage is sold or dispensed by modifying required sign language. Seconded by Connors. Motion
carried 7-0.
U.S. Highway 52 Resurfacing - 32"a Street to the Northwest Arterial Project: City Manager
recommending award of the public improvement contract for the U.S. Highway 52 Resurfacing - 32"a
Street to the Northwest Arterial Project to River City Paving, Inc., in the amount of $931,239.54.
Motion by Lynch to receive and file the documents and adopt Resolution No. 306-08 Awarding public
improvement contract for the U.S. Highway 52 Resurfacing - 32"a Street to the Northwest Arterial
Project. Seconded by Connors. Motion carried 7-0.
Amendment to 2006 Annexation Study: City Manager recommending approval of an amendment to
the 2006 Annexation Study prepared by Veenstra & Kimm, Inc. Motion by Voetberg to receive and file
the documents and approve the amendment. Seconded by Jones. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to go into closed session at 7:25 p.m. regarding pending litigation and property
acquisition pursuant to Chapter 21.5(1)(c)Q) 2007 Code of Iowa. Seconded by Connors. Motion
carried 7-0.
Upon motion the City Council reconvened in open session at 7:44 p.m. stating that staff had been
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given proper direction.
There being no further business, upon motion the meeting adjourned at 7:45 p.m.
/s/Jeanne Schneider, CMC
City Clerk
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