Minutes City Council 3 2 09CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on March 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 Deacon David McGhee, Nativity Catholic Church
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Connors requested (#11 and #12)) Dubuque Stamping and
Manufacturing, Inc. Development Agreement and Morrison Bros. CEBA Contract be held for
separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 2/16 (Special and Regular Meeting), 2/17,
2/19, and 2/23
Proofs of publication of City Council Proceedings of February 2, 9 and 10, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Tim J. Kramer for property damage; Debra A. Heim for property
damage; Peter M. and Sarah A. Ross for property damage; Denise Hoag for property damage;
State Central Bank vs. City of Dubuque, et al; Charlotte A. Hansen for vehicle damage;
Rowena Boyer for property damage; Rodney C. Miller 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: Noreen Engelken for
personal injury; Nicole Lammer for personal injury; Mark W. Sarazin for property damage;
Suellen Flynn for vehicle damage; Jennifer Ney for vehicle damage; Gordon Dailey for vehicle
damage; Charlotte Hansen for vehicle damage; Tim Kramer for property damage; Debra Heim
for property damage; Denise Hoag for property damage; Peter Ross for property damage;
Rowena Boyer for property damage. Upon motion the documents were received and filed and
concurred.
Iowa League of Cities: Communications from Alan W. Kemp, Executive Director of the
Iowa League of Cities, advising of the following appointments: Mayor Roy Buol to the National
League of Cities Energy, Environment and Natural Resources (EENR) Committee, Council
Member Dirk Voetberg to the Community and Economic Development (CED) Committee, and
Council Member Joyce Connors to the Human Development (HD) Committee. Upon motion
the documents were received and filed.
Acquisition Plat -Devon Drive: City Manager recommending approval of the acquisition
plat for additional right-of-way on Devon Drive at Dodge Street (US Highway 20) which is
necessary to construct aright-turn lane on the west side of Devon Drive at Dodge Street..
Upon motion the documents were received and filed and Resolution No. 77-09 Approving the
Acquisition Plat of a part of Lot 1 of Tranel Place in the City of Dubuque, Dubuque County,
Iowa, and accepting the dedication of right-of-way for Devon Drive (Lot A) was adopted.
Intermodal Facility Location Study -Consultant Professional Services: City Manager
recommending approval of the issuance of a Request for Proposals (RFP) for engineering
services required to design the Port of Dubuque Intermodal Transportation Center. Upon
motion the documents were received, filed, and approved.
Land and Water Conservation Fund (LWCF) Grant Agreement: City Manager
recommending approval of a Land and Water Conservation Fund (LWCF) grant agreement for
the E.B. Lyons Interpretive Center Expansion. Upon motion the documents were received and
filed and Resolution No. 78-09 Approving a LWCF grant agreement with the Iowa Department
of Natural Resources for the E.B. Lyons Interpretive Center Expansion was adopted.
Miller Riverview Park -Management Agreement: City Manager recommending approval
of the Management Agreement for camping at Miller Riverview Park with Kenneth M. Clayton.
Upon motion the documents were received, filed, and approved.
Bunker Hill Golf Course -Management Agreement: City Manager recommending
approval of a Management Agreement with G.M.S., Inc. (George Stephenson) for the Bunker
Hill Golf Course for the period beginning March 1, 2009 and ending November 30, 2009. Upon
motion the documents were received, filed, and approved.
SRF Loan Agreement -Water Pollution Control Plant Rehabilitation Project: City
Manager recommending approval of the suggested proceedings approving and authorizing a
form of Interim Loan and Disbursement Agreement and authorizing the issuance of a Project
Note to the Iowa Finance Authority. Upon motion the documents were received and filed and
Resolution No. 79-09 Approving and authorizing a form of Interim Loan and Disbursement
Agreement by and between the City of Dubuque and the Iowa Finance Authority, and
authorizing and providing for the issuance and securing the payment of $3,200,000 Sewer
Revenue Capital Loan Notes Anticipation Project Note, Series 2009, of the City of Dubuque,
Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said
note was adopted.
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 Fat Tuesdays and The Lounge. Upon motion the documents
were received, filed, and approved.
Dubuque Stamping and Manufacturing, Inc. -Development Agreement: City Manager
recommending approval of a Development Agreement with Dubuque Stamping and
Manufacturing, Inc., who will be expanding their operation at the Jackson Street facility, adding
10 new jobs and retaining 161 positions. Motion by Connors to receive and file the documents
and adopt Resolution No. 80-09 Approving a Development Agreement for the expansion of
Dubuque Stamping and Manufacturing, Inc., at the Jackson Street facility. Seconded by Braig.
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Connors recognized the efforts of Dubuque Stamping to expand locally. Motion carried 7-0.
Community Economic Betterment Account Contract (CEBA) -Morrison Bros.: City
Manager recommending approval of a contract among the Iowa Department of Economic
Development and Morrison Brothers for Community Economic Betterment Account Program
(CEBA) and Enterprise Zone benefits for their expansion that will retain 97 jobs and create 10
new positions. Motion by Connors to receive and file the documents and adopt Resolution No.
81-09 Approving a contract with the Iowa Department of Economic Development and Morrison
Bros. Co. for Community Economic Betterment Account (CEBA) and Enterprise Zone (EZ)
benefits on behalf of Morrison Bros. Co. Seconded by Braig. Connors recognized the efforts of
Morrison Bros. to expand locally. Motion carried 7-0.
Voluntary Termination of Prudential Financial, Inc. CEBA Contract: City Manager
recommending approval of a voluntary termination agreement with Prudential Insurance
Company relieving them of the commitment to create 69 additional positions in Dubuque. Upon
motion the documents were received, filed, and approved.
Cooper Development Company, LLC: City Manager recommending approval of a
request from Cooper Development Company, LLC to defer payments on the existing loans and
the 2008 parking lot agreement to January 1, 2010. Upon motion the documents were
received, filed, and approved.
Dubuque Racing Association - Lump Sum Principal Payments: City Manager
recommending approval of a request from Jesus Aviles, Dubuque Racing Association, to pay
down the principal on two existing loans for the period April 2009 to November 2010, saving
the DRA about $362,218. Upon motion the documents were received, filed, and approved.
Dubuque Racing Association -Line of Credit: City Manager recommending approval of
a request from Jesus Aviles, Dubuque Racing Association, to establish a line of credit with
American Trust and Savings Bank to fund the Dubuque Greyhound Park & Casino remodeling
project. Upon motion the documents were received, filed, and approved.
Legislative Correspondence: Communication of the City Manager to area legislators
urging opposition to House File 83 and Senate File 61 as the bills presume that cancer is a
disease contracted while on active duty as a firefighter. Upon motion the documents were
received and filed.
Prosperity Eastern Iowa -Letter of Support: City Manager submitting a Letter of
Support for Prosperity Eastern Iowa's Iowa Department of Economic Development grant
application to continue to enhance the Accessmyfuture.com web site. Upon motion the
documents were received and filed.
Players Sports Bar -Liquor License Renewal: City Manager recommending approval of
the annual liquor license renewal for Players Sports Bar, 1902 Central Avenue. Upon motion
the documents were received and filed and Resolution No. 82-09 Granting the issuance of a
Class "C" Beer/Liquor License to Players Sports Bar 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
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Resolution No. 83-09 Granting the issuance of a Class "C" Beer Permit to Hy-Vee Gas #4 and
Econo Foods #471 and Resolution No. 84-09 Granting the issuance of a Class "C" Beer/Liquor
License to Bulldog Billiards, Bunker Hill Golf Course, and Yardarm Restaurant; a Class "B"
Wine Permit to Econo Foods #471; and a Class "WBN" Native Wine Permit to Hy-Vee Gas #3
were adopted.
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.
Excess Right-of-Way -Old Mill Road and Manson Road: City Manager recommending that
a public hearing be set for March 16, 2009 to consider disposing of the City's interest in excess
right-of-way purchased for the reconstruction of Kelly Lane. Upon motion the documents were
received and filed and Resolution No. 85-09 Resolution of intent to vacate and dispose of City
interest in Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa, and
abutting Old Mill Road roadway easement was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on March 16, 2009 in the Historic Federal Building.
Kephart Building Improvement Project: City Manager recommending initiation of the public
bidding process for the Kephart Building Improvement Project and that a public hearing be set
for March 16, 2009, 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. 86-09
Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date
of public hearing and ordering bids for the Kephart Building Improvement Project was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on March 16, 2009 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: Zoning Board of Adjustment. One 5-year term through March
25, 2014 (Term of Gasper). Applicant: Heath Hutchinson, 221 Bradley Street. Mr. Hutchinson
spoke in support of his appointment.
Appointments to the following Boards/Commissions: Mechanical Code Board. Two 3-year
terms through March 16, 2012 (Terms of Willenborg and Geisler) Background/Experience
requirement). Applicants: David Grothe, 2544 Elm Street; Corey Valaskey, 1787 Lawndale
Street. Motion by Connors to appoint David Grothe and Corey Valaskey to the Mechanical
Code Board for 3-year terms through March 16, 2012. Seconded by Jones. Motion carried 7-0.
ACTION ITEMS
Southwest Arterial Final Design -Consultant Selection: City Manager recommending
approval of the consultant selection for the Southwest Arterial Final Design Project. Motion by
Lynch to receive and file the documents and adopt Resolution No. 87-09 Approving the
Consultant Professional Services Agreement for final design services for the Southwest
Arterial. Seconded by Connors. Responding to questions by City Council, Van Milligen stated
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that cost figures will be negotiated in accordance with the federal and state guidelines that
govern this process. Motion carried 7-0.
Burlington Trailways: City Manager recommending approval of the creation of a service
agreement between the City of Dubuque and Burlington Trailways for lease of a building at
400 Rhomberg Avenue to provide a new ticket sales location for Burlington Trailways. Motion
by Connors to receive and file the documents and approve the recommendation. Seconded by
Jones. Connors thanked residents for welcoming Burlington Trailways into the Northend
neighborhood. Jones thanked staff for finding a good solution. Responding to questions from
Council, Transit Manager Jon Rodocker stated that the monthly/annual terms of the lease have
not yet been determined. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Voetberg stated that with the closing of Isabella's at the Ryan House, he is looking for a
new, accessible location to conduct one-on-one meetings with his ward's constituents.
CLOSED SESSION
Motion by Jones at 6:50 p.m. to go into closed session regarding pending Litigation and
Property Acquisition pursuant to Chapter 21.5(1)(c)(j), Code of Iowa. Seconded by Voetberg.
Motion carried 7-0.
Upon motion the City Council reconvened in open session at 7:35 p.m. stating they had
given staff proper direction.
There being no further business, upon motion the City Council adjourned at 7:36 p.m.
/s/Jeanne Schneider, CMC
City Clerk
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