Mintues City Council Regular 2 2 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on February 2, 2009 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.
Pledge of Allegiance
Invocation was provided by the Reverend Kathleen Milligen, St. John's Episcopal Church
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/25;
City Council of 1/15, 1/20 and 1/26; Electrical Code Board of 1/26; Housing Commission of
10/7; Library Board of 10/23, 11/10, 11/20, and 12/18; Park and Recreation Commission of
1/13
Library Board of Trustees Update from Meeting of December 18, 2008
Proofs of publication of City Council Proceedings of January 5 (Special Meeting and
Regular Session), January 6, and January 15, 2009
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Investment Oversight Commission submitting the 63 Quarterly Report
Upon motion the documents were received and filed.
Notice of Claims/Suits: Ken Duffy for vehicle damage; Thomas J. Hamel for property
damage; Lindsay Kruser for vehicle damage; Craig Pfohl for vehicle damage; Gina Seeling for
vehicle damage; John F. Moran for vehicle damage; Austin M. Eppler for vehicle damage;
Mary Lucas for personal injury; Courtney Dolan for personal injury; Gary and Kerry Massey for
property damage; Nicole Morgan for personal injury/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: Paul Swartzel for
vehicle damage; Tom Hamel for property damage; Ken Duffy for vehicle damage; Craig Pfohl
for vehicle damage; Lindsay Kruser for vehicle damage; Mary Lucas for personal
injury/property damage; Austin Eppler for vehicle damage; John Moran for vehicle damage;
Gina Seeling for vehicle damage; Courtney Dolan for personal injury
City Attorney recommending denial of the claim of Scott D. Hos for vehicle damage.
Upon motion the documents were received and filed and concurred.
Acceptance of Warranty Deeds – Junnie and Rich’s Coin Partnership: City Manager
recommending acceptance of the warranty deeds for two parcels of land owned by Junnie and
Rich’s Coin Partnership which were needed for the Bee Branch Creek Restoration Project.
Upon motion the documents were received and filed and Resolution No. 33-09 Accepting
conveyance of real property described as Lot 319 and the Westerly Half of Lot 352 in East
Dubuque No. 2, an addition in the City of Dubuque, Iowa and Lot 353 and the Easterly One-
Half of Lot 352 in East Dubuque No. 2, an addition in the City of Dubuque, Iowa, to the City of
Dubuque was adopted.
Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for
the period from October 1, 2008 through December 31, 2008. Upon motion the document was
received and filed.
Professional Services for Design of the Iowa 32 Hike/Bike Trail – Phase II Project: City
Manager recommending approval of the selection of Buesing and Associates for professional
design services for the Iowa 32 Bike/Hike Trail Phase 2 project. Upon motion the documents
were received, filed, and approved.
2008 Government Performance and Results Act (GPRA) Annual Report: City Manager
submitting the 2008 Government Performance and Results Act (GPRA) Annual Products
Report. Upon motion the documents were received and filed.
2008 Certified Local Government (CLG) Annual Report: City Manager submitting the 2008
Certified Local Government (CLG) Annual Report. Upon motion the documents were received
and filed.
PEG Access Request: City Manager recommending approval of a request from Mediacom
for $1,300 from the Capital Grant for Access Equipment and Facilities to configure the master
control room at the public access studio and install the necessary equipment to provide audio
for the Cablecast Carousel graphic bulletin board system. Upon motion the documents were
received, filed, and approved.
Cable Car Square Association: Communication from Teri Connely, Cable Car Square
President, thanking the City and the snow removal crews for their efforts after the heavy
snowfall the weekend before Christmas. Upon motion the document was received and filed.
Iowa Department of Economic Development – International Business Machines
Corporation: City Manager recommending approval of the submittal of a State of Iowa financial
assistance application to the Iowa Department of Economic Development on behalf of IBM
Corporation. Upon motion the documents were received and filed and Resolution No.34-09
Authorizing the filing of a State of Iowa Financial Assistance Application on behalf of IBM
Corporation was adopted.
Dubuque Professional Firefighters Association Local #353: City Manager recommending
approval of a two-year collective bargaining agreement between the City and the Dubuque
Professional Firefighters Association Local #353. Upon motion the documents were received
and filed and Resolution No. 35-09 Approving the agreement between the City of Dubuque,
Iowa and Dubuque Professional Firefighters Association, Local #353, and authorizing the
Mayor to sign the agreement was adopted.
Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Communication from Chuck
Goddard, Agency Administrator for DMASWA, submitting the Agency’s Fiscal Year 2010 fee
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schedule which goes into effect on July 1, 2009. Upon motion the document was received and
filed.
Lease Agreement – Dubuque Racing Association: City Manager recommending approval of
the Third Amendment to the existing Lease Agreement between the City of Dubuque, as
owner of Dubuque Greyhound Park and Casino, and the Dubuque Racing Association. Upon
motion the documents were received, filed, and approved.
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Purchase of Property – 317 / 319 East 22 Street: City Manager recommending approval of
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the purchase of a residential rental dwelling located at 317 / 319 E 22 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. 36-09 Approving the acquisition of
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real estate located at 317 / 319 E 22 Street in the City of Dubuque was adopted.
Isaac Hanna Subdivision: Communication from George B. Isaac, Isaac Hanna, LLC,
requesting a final inspection and acceptance of public improvements completed in Isaac
Hanna Subdivision. Upon motion the documents were received and filed and referred to the
City Manager.
Iowa Department of Transportation – Right-of-Way Acquisition Services Agreement: City
Manager recommending approval of a Right-of-Way Acquisition Services Agreement with the
Iowa Department of Transportation for the Southwest Arterial Project. Upon motion the
documents were received and filed and Resolution No. 37-09 Approving the Iowa Department
of Transportation Right-of-Way Acquisition Services Agreement for City street relocations
and/or reconstruction for City of Dubuque Southwest Arterial 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. 38-09 Granting the issuance of a Class “B” Beer Permit to Pizza Hut #4690 and #4691 and
a Class “C” Beer Permit to Big 10 Mart and Resolution No. 39-09 Granting the issuance of a
Class “C” Beer/Liquor License to Goetz’ and Mario’s Italian Restaurant; and a Special Class
“C” Liquor License to Café Manna Java West and Pusateri’s were adopted.
Legislative Correspondence: City Manager submitting correspondence to area State
Legislators regarding the State’s budget proposal to reduce the state-funded Homestead
Property Tax Credit. Upon motion the documents were received and filed.
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.
Vacating of Property: City Manager recommending that a public hearing be set for February
16, 2009 to consider the vacating of Gillespie Street, Fink Street and the adjacent alley, which
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are now located within the West 32 Street Detention Basin. Upon motion the documents
were received and filed and Resolution No. 40-09 Resolution of Intent to vacate public interest
in Gillespie Street, Fink Street, and adjacent alley in the City of Dubuque, Dubuque County,
Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
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February 16, 2009 in the Historic Federal Building.
Sewer Revenue Capital Loan Notes: City Manager recommending that a public hearing be
set for February 16, 2009 to consider approval of the issuance of not to exceed $3,500,000
Sewer Revenue Capital Loan Notes for the planning and design of the Water Pollution Control
Plant renovation project. Upon motion the documents were received and filed and Resolution
No. 41-09 Fixing date for a meeting on the authorization of a Loan and Disbursement
Agreement and the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes
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 February 16, 2009 in the Historic Federal
Building.
Neighborhood Stabilization Program: City Manager recommending that a public hearing be
set for February 16, 2009 to receive comments on 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. 42-09 Setting a public hearing on
an application to the Iowa Department of Economic Development (IDED) for Neighborhood
Stabilization Program funds was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on February 16, 2009 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following commission: Community Development Advisory
Commission. Two 3-year terms through February 15, 2012, Low/Moderate Income Area and
At-Large Requirements (Terms of Wainwright and Stubben). Applicants: Hilary Stubben, 2433
Broadway Street (Low/Moderate Income Area); Thomas Wainwright, 1800 Elm Street (At-
Large). Motion by Braig to appoint Hilary Stubben and Thomas Wainwright to the Community
Development Advisory Commission for three-year terms through February 15, 2012.
Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Floodwall Levee Slope Stabilization Project: Proof of publication on notice of public hearing
to consider approval of the plans and specifications, form of contract and estimated cost for the
Floodwall Levee Slope Stabilization Project and City Manager recommending approval. Motion
by Jones to receive and file the documents and adopt Resolution No. 43-09 Approving plans,
specifications, form of contract, and estimated cost for the Floodwall Levee Slope Stabilization
Project. Seconded by Lynch. Public Work Director Don Vogt provided photos of the area
involved and gave an explanation of the project stating that there is not a problem with the
floodwall. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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Bricktown Liquor License Renewal: City Manager recommending approval of a six-month
liquor license renewal for Bricktown Brewery. Motion by Connors to receive and file the
documents and adopt Resolution No. 44-09 Granting the issuance of a six-month Class “C”
Beer/Liquor License to Bricktown Brewery. Seconded by Lynch. Connors expressed concerns
regarding how business owners are informed about providing proof of ownership per City and
State Codes. Police City Attorney Lindahl stated this information is provided in the liquor
application packet provided to applicants. Motion carried 7-0.
Development Agreement and Incentive Agreement – International Business Machines
Corporation (Tabled on January 26, 2009): City Manager recommending that action on this
item be tabled to February 16, 2009.
Motion by Braig to remove from the table. Seconded by Connors. Motion carried 7-0.
Motion by Braig to table a proposed resolution approving and authorizing execution of the
Development Agreement between the City of Dubuque, Iowa, and Dubuque Initiatives, and the
Incentive Agreement between the City and International Business Machines Corporation to
February 16, 2009. Seconded by Voetberg. Motion carried 7-0.
15264 Middle Road – Request to Rezone (First Reading on January 20, 2009): 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. 2-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 15264 Middle Road from Dubuque
County R-2 Single-Family Residential District to City CS Commercial Services and Wholesale
District. Seconded by Connors. Motion carried 7-0.
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607 East 22 Street – Request to Rezone (First Reading on January 20, 2009): 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. 3-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
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reclassifying hereinafter described property located at 607 – 609 East 22 Street from C-1
Neighborhood Commercial District, with conditions, to C-1 Neighborhood Commercial District,
with conditions. Seconded by Braig. Motion carried 7-0.
777 Edwards Road – Amendment to Planned Unit Development District (First Reading on
January 20, 2009): 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. 4-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 777 Edwards Road from R-1 Single
Family Residential District to PUD Planned Unit Development District with a PI Planned
Industrial District designation and adopting a revised Conceptual Development Plan for
Edwards Cast Stone. Seconded by Voetberg. Motion carried 7-0.
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Oak Grove Sanitary Sewer and Water Main Extension Project (Tabled on January 20,
2009): Motion by Braig to remove from the table. Seconded by Connors. Motion carried 7-0.
Motion by Braig to receive and file the documents and adopt Resolution No. 45-09
Approving plans, specifications, form of contract, and estimated cost for the Oak Grove
Sanitary Sewer and Water Main Extension Project; Resolution No. 46-09 With respect to the
adoption of the Resolution of Necessity proposed for the Oak Grove Sanitary Sewer and Water
Main Extension Project; and Resolution No. 47-09 Approvingschedule of assessments and
estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project.
Seconded by Connors. Motion carried 7-0.
Award of Contract – Oak Grove Sanitary Sewer and Water Main Extension Project: City
Manager recommending award of the public improvement contract for the Oak Grove Sanitary
Sewer and Water Main Extension Project to Drew Cook & Sons Excavating, Inc., in the
amount of $117,926.00. Motion by Connors to receive and file the documents and adopt
Resolution No. 48-09 Awarding public improvement contract for the Oak Grove Sanitary Sewer
and Water Main Extension Project. Seconded by Braig. Motion carried 7-0.
Valet Parking (First Reading on January 20, 2009): 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 Voetberg. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 5-09 Amending
City of Dubuque Code of Ordinances Sections 33-21 and 33-21.2 to provide for valet parking
in the downtown business district by requiring businesses to obtain a special events permit and
provide a plan for compliance with the Americans with Disabilities Act and Americans with
Disabilities Act Accessibility Guidelines. Seconded by Lynch. Motion carried 7-0.
Fiscal Year 2010 Operating Budget and Capital Improvement Program: City Manager
submitting the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement
Program. Motion by Connors to receive and file the documents. Seconded by Jones. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Resnick reported on citizen input he has received regarding the biking and walking
accessibility of Dubuque streets and intersections as this pertains to the East-West Corridor
Connectivity Study.
Buol reported on his attendance at the recent U.S. Conference of Mayors and highlighted
their Main Street Economic Recovery Plan for sustainable jobs and infrastructure. Four
presidential advisors spoke of the administration’s focus on cities, green jobs, renewable fuels
and directing stimulus to cities. He spoke with members of the 2016 Olympic Committee about
the benefits of Dubuque and gathered information to pass on to Keith Rahe. He then
highlighted events while attending the Presidential Inauguration, which included greeting the
Colts Drum and Bugle Corps prior to their performing in the inaugural parade and attending the
Midwestern Inaugural Ball. The Mayor stated that the presentation he and Assistant City
Manager Cindy Steinhauser gave on the City’s warehouse district at the New Partners for
Smart Growth Conference in Albuquerque, New Mexico, was well received.
CLOSED SESSION
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Motion by Jones to go into closed session at 7:25 p.m. regarding pending litigation pursuant
to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Connors. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 7:59 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:00 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 2/11
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