Minutes City Council 12 15 08CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on December 15, 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
Invocation was provided by Father John Haugen of Loras College
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: Cable TV Regulatory Commission of 11/12; Cable TV
Teleprogramming Commission of 11/12; City Council of 12/1; Civil Service Commission of
11/17 and 11/25; Electrical Code Board of 12/1; Environmental Stewardship Advisory
Commission of 12/2; Human Rights Commission of 11/10; Zoning Advisory Commission of
11/5; Zoning Board of Adjustment of 11/20
Library Board of Trustees Update from meeting of November 20, 2008
Proofs of publication of City Council Proceedings of November 17, 2008 (Special Session
and Regular Session) and November 21, 2008 and List of Claims and Summary of Revenues
for the month ended October 31, 2008
Printed Official Proceedings of the City Council for 2007
Upon motion the documents were received and filed.
Claims/Suits: 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: Grand
Opera House for property damage and Amanda Reynolds for vehicle damage.
City Attorney recommending settlement of the claim of Irene Holz for property damage.
Upon motion the documents were received and filed and concurred.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Foreman and Park Ranger. Upon motion the documents were received and filed
and made a Matter of Record.
Five Flags Sidewalk Replacement Project: City Manager recommending acceptance of the
Five Flags Sidewalk and Lighting Replacement Project as completed by Portzen Construction,
Inc., in the final contract amount of $232,158.83. Upon motion the documents were received
and filed and Resolution No. 423-08 Accepting the Five Flags Sidewalk and Lighting
Replacement Project and authorizing payment of the contract amount to the contractor was
adopted.
Fire Station No. 2, John F. Kennedy Road Parking Lot Reconstruction Project: City Manager
recommending acceptance of the Fire Station No. 2, John F. Kennedy Road Parking Lot
Reconstruction Project as completed by Portzen Construction, Inc., in the final contract amount
of $73,470.34. Upon motion the documents were received and filed and Resolution No. 424-08
Accepting the Fire Station No. 2 -John F. Kennedy Road Parking Lot Reconstruction Project
and authorizing payment of the contact amount to the contractor was adopted.
Timber-Hyrst Estates, Phase I -Acceptance: City Manager recommending acceptance of
the public improvements which the developer, North Cascade Road Developers, LLC (NCR
Developers), has recently completed in Timber-Hyrst Estates. Upon motion the documents
were received and filed and Resolution No. 425-08 Accepting public improvements in Timber-
Hyrst Estates was adopted.
Stone Brook Center Second Addition -Acceptance: City Manager recommending
acceptance of the public improvements which the developer, NEZTROP, LLC has recently
completed in Stone Brook Center Second Addition. Upon motion the documents were received
and filed and Resolution No. 426-08 Accepting public improvements in Stone Brook Center
Second Addition was adopted.
Eagle Valley Subdivision -Acceptance: City Manager recommending acceptance of the
public improvements that the developer, Fondell Excavating, Inc., has recently completed in
Eagle Valley Subdivision in the City of Dubuque, Iowa. Upon motion the documents were
received and filed and Resolution No.427-08 Accepting Public Improvements in Eagle Valley
Subdivision was adopted.
2008 Weed Assessments: City Manager recommending approval of the levy of special
assessments for the second half of the 2008 Weed Enforcement Program in the total amount
of $1,810. Upon motion the documents were received and filed and Resolution No. 428-08
Adopting the schedule of assessments for the second half of the 2008 Weed/Garbage/Junk
Enforcement Program 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 was adopted.
Neighborhood Stabilization Program Funds: City Manager recommending approval of an
application to the Iowa Department of Economic Development (IDED) for Neighborhood
Stabilization Program funds. Upon motion the documents were received and filed and
Resolution No. 429-08 Authorizing submission of an application to the Iowa Department of
Economic Development (IDED) for Neighborhood Stabilization Program Funds was adopted.
Purchase of Property - 2273 / 2301 Prince Street: City Manager recommending approval of
the purchase of a residential rental dwelling located at 2273 / 2301 Prince Street as part of the
acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion
the documents were received and filed and Resolution No. 430-08 Approving the acquisition of
real estate located at 2273 / 2301 Prince Street in the City of Dubuque, Iowa, was adopted.
Purchase of Property - 1575 Maple Street: City Manager recommending approval of the
purchase of a residential dwelling located at 1575 Maple Street as part of the acquisition
program associated with the Bee Branch Creek Restoration Project. Upon motion the
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documents were received and filed and Resolution No. 431-08 Approving the acquisition of
real estate located at 1575 Maple Street in the City of Dubuque, Iowa, was adopted.
Purchase of Property - 510-512 Rhomberg Avenue: City Manager recommending approval
of the purchase of a rental dwelling located at 510 - 512 Rhomberg Avenue as part of the
acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion
the documents were received and filed and Resolution No. 432-08 Rescinding Resolution No.
142-08 which contained an incorrect legal description and approving this resolution for the
acquisition of real estate located at 510, 510'/2, and 512 Rhomberg Avenue, in the City of
Dubuque, Iowa, was adopted.
Purchase of Property - 2290 Washington Street: City Manager recommending approval of
the purchase of a residential dwelling located at 2290 Washington Street as part of the
acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion
the documents were received and filed and Resolution No. 433-08 Approving the acquisition of
real estate located at 2290 Washington Street in the City of Dubuque, Iowa, was adopted.
Administrative Services Fee Renewal - Flexible Spending Plan: City Manager
recommending approval of the renewal rates from Total Administrative Services Corporation
(TASC) for administration of the City's flexible spending plan. Upon motion the documents
were received, filed, and approved.
Human Rights Commission Annual Report: Human Rights Commission submitting the
Annual Report for Fiscal Year 2008. Upon motion the document was received and filed.
Alcohol Compliance - Civil Penalties for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for a first offense
alcohol compliance violation for EI Paisano Grocery Store and Isabella's at the Ryan House.
Upon motion the documents were received, filed, and approved.
Citizen Communication: Communication from Jim and Anita Sullivan regarding the West
32"d Street Detention Basin. Upon motion the documents were received and filed and referred
to the City Manager.
Amendment to B & G Consulting, LLC Agreement: City Manager recommending approval of
an amendment to the consulting agreement with B & G Development, LLC for identifying and
marketing City parcels or facilities to New Market Tax Credit Community Development Entities.
Upon motion the documents were received, filed, and approved.
WS Live -Community Development Block Grant (CDBG) Loan Agreement: City Manager
recommending approval of a $375,000 forgivable loan request from WS Live, LLC for funding
through the City's Community Development Block Grant (CDBG) Economic Development Loan
Program to assist in the company's relocation to 131 W. 10th Street. Upon motion the
documents were received and filed and Resolution No. 434-08 Authorizing a commitment letter
and the execution of a Community Development Block Grant Loan of Three Hundred Seventy-
Five Thousand Dollars ($375,000) to WS Live, LLC, was adopted.
Interstate Building, LLLP and WS Live, LLC -First Amendment to Development Agreement:
City Manager recommending approval of the First Amendment to the Development Agreement
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with Interstate Building, LLLP and WS Live, LLC to reflect changes in employment numbers
and that WS Live must be completely out of their current facility by January 15, 2009. Upon
motion the documents were received and filed and Resolution No. 435-08 Approving the first
amendment to the Interstate Building, LLLP and WS Live, LLC Development Agreement was
adopted.
West Side Annexation: Joint Motion: City Manager transmitting a letter from Asbury City
Administrator Beth Bonz and the joint motion by Dubuque and Asbury supporting the voluntary
annexation of Sandwedge Subdivision to the City of Asbury. Upon motion the documents were
received and filed.
Dubuque Main Street, Ltd Program Agreement: City Manager recommending approval of a
Program Agreement between Dubuque Main Street, Ltd., the City of Dubuque and the Iowa
Department of Economic Development. Upon motion the documents were received and filed
and Resolution No. 436-08 Resolution of Support and financial commitment for the Main Street
Program in Dubuque, Iowa, was adopted.
SRF Loan Agreement -West 32"d Street Detention Basin: City Manager recommending
approval of the suggested proceedings to complete the action required on the issuance of
$2,000,000 Sewer Capital Loan Notes (State of Iowa Revolving Fund Loan). Upon motion the
documents were received and filed and Resolution No. 437-08 Relating to the issuance of
Sewer Revenue Bonds by the City of Dubuque under the provisions of Chapter 384 of the
Code of Iowa, authorizing and providing for the issuance and securing the payment of
$2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, and providing for a method of
payment thereof and related matters, was adopted.
Donation of Firefighter Gear: City Manager recommending approval of the donation of
firefighter gear to firefighters in the Philippines. Upon motion the documents were received,
filed, and approved.
U.S. Conference of Mayors: Communication from the U.S. Conference of Mayors advising
that the City has received a Best Practice Award for our lead safety efforts. Upon motion the
document was received and filed.
Business License Refunds Diamond Jo, LLC requesting a refund of Cigarette License No.
DBQ-037 in the amount of $50.00.
David Wetter, Club Phoenix, requesting a refund of Beer/Wine/Liquor License #L00035579
in the amount of $422.50.
Upon motion the documents were received and filed and the refunds approved.
Business License Applications: City Manager recommending approval of annual liquor
license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 438-08 Granting the issuance of one new license to sell cigarettes to Diamond
Jo Casino and Resolution No. 439-08 Granting the issuance of a Class "B" (Hotel/Motel)
Liquor License to Holiday Inn Five Flags; Class "C" Beer/Liquor License to The White House,
Mario's Italian Restaurant, Pepper Sprouts, Bowling and Beyond, The Moracco, Cue Masters
Billiards, and Instant Replay; a Class "B" Wine Permit to Diamond Jo, LLC; and a Class "WBN"
(Native Wine) Permit to Engraved Gift Collection were adopted.
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Housing Code Appeals Board: Two 3-year terms through
January 11, 2012 (Terms of Durley and Newman). Applicants: Fred Miller, 2462 Central
Avenue; and Paul Newman, 1895 Central Avenue, #3. Mr. Miller spoke in support of his
appointment.
Appointments to the following Boards/Commissions:
Historic Preservation Commission -Langworthy District Interim Commissioner: One 4-year
term through July 1, 2011 (Term of Cleek). Applicant: Eli Licht, 1759 Vizaleea Drive. Motion by
Lynch to appoint Eli Licht to the Historic Preservation Commission as an Interim Commissioner
for the Langworthy Historic District fora 4-year term through July 1, 2011. Seconded by
Connors. Motion carried 7-0.
Human Rights Commission: Three 3-year terms through January 1, 2012 (Terms of Allen,
Wilberding, Vanden Heuvel). Applicants: Anthony Allen, 575 Almond Street; Terry Driskell, 249
York Street; and Katrina Wilberding, 3715 Asbury Road. Motion by Jones to appoint Anthony
Allen and Katrina Wilberding to the Human Rights Commission for 3-year terms through
January 1, 2012. Seconded by Voetberg. Jones stated that it is important for applicants who
are unknown to the City Council be present for the interview portion of the appointment
process. Voetberg concurred with Jones. Connors stated that many applicants are appointed
without coming forward to introduce themselves and asked the City Clerk's Office to use
stronger language when informing applicants to be present. Motion carried 5-2 with Connors
and Lynch voting nay.
Motion by Connors to appoint Terry Driskell to the Human Rights Commission fora 3-year
term through January 1, 2012. Seconded by Resnick. Motion carried 4-2 with Voetberg and
Braig voting nay and Jones voting present.
Mediacom Charitable Foundation: Two 1-year terms through December 31, 2009 (Terms of
Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly Lane; and Connie Twining,
421 North Booth Street. Motion by Braig to appoint Gail Chavenelle and Connie Twining to the
Mediacom Charitable Foundation for 1-year terms through December 31, 2009. Seconded by
Connors. Motion carried 7-0.
Transit Board of Trustees: One 3-year term through July 30, 2011 (Term of Davidson):
Applicant: John Curtis, 1951 Alta Vista. Motion by Jones to appoint John Curtis to the Transit
Board of Trustees fora 3-year term through July 30, 2011. Seconded by Braig. Motion carried
7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City Council.
Request to Rezone - 6255 Pennsylvania Avenue: Proof of publication on notice of public
hearing to consider a request from Dave and Tim Blake to rezone property located at 6255
Pennsylvania Avenue (west of Heacock Road and north of Pennsylvania Avenue) from AG
Agricultural to AG Agricultural District with a RROD Rural Residential Overlay Designation and
Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 80-08 Amending
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Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located a# the northwest corner of Middle Road
and Heacock Road from AG Agricultural District to AG Agricultural District with a Rural
Residential Overlay District Designation. Seconded by Jones. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Alley at St. Anthony's School: City Manager recommending that the City plow and de-ice the
alley that connects St. Ambrose Street and Grandview Avenue through the St. Anthony's
property as a safety precaution. Motion by Voetberg to receive and file the documents and
approve the recommendation. Seconded by Connors. Motion carried 7-0.
Renaming of David Court: Zoning Advisory Commission recommending approval of the
renaming of David Court to Peach Tree Lane as requested by the City of Dubuque. Motion by
Lynch to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 81-08 Renaming the
street currently named David Court to Peach Tree Lane. Seconded by Connors. Motion carried
7-0.
Community Foundation (Project HOPE) Contract: City Manager recommending approval of
an amendment to the contract for services with the Community Foundation of Greater
Dubuque for services relating to Project HOPE which extends the termination date until
June 30, 2009, and modifies the scope of work. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Motion carried 7-0.
Fiscal Year 2010 Budget Policy Guidelines: City Manager recommending approval of the
Budget Policy Guidelines for Fiscal Year 2010. Motion by Braig to receive and file the
documents and approve the recommendation. Seconded by Voetberg. Jones objected to
Guideline #10. Lynch congratulated staff on a fantastic job. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Braig inquired as to the status of the Trailways Bus Depot issue. Van Milligen stated that the
City is looking at options at the Keyline Transit Office as well as exploring alternative locations.
He stated that a transition period may be needed.
Resnick stated that he has obtained a quantity of information regarding green roofs like the
one recently approved for the fire station. He said the technology is unique and it is the right
thing to do.
CLOSED SESSION
Motion by Lynch to go into closed session at 7:16 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by
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Voetberg. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 7:39 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:40 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1 t 12/24
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