Minutes City Council 3 16 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on March 16, 2009 in the
Historic Federal Building
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Acting City
Manager Mary Rose Corrigan, City Attorney Lindahl
Absent: Council Member Voetberg
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 Elder Robert Tyler of Arbor Oaks Bible Chapel.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated with (#3) Indiana Subdivision Acceptance having been withdrawn from the agenda.
Seconded by Braig. Motion carried 6-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/27;
Cable TV Regulatory Commission of 12/10; Cable TV Teleprogramming Commission of 2/3;
City Conference Board of 1/28; City Council of 3/2, 3/4, and 3/9; Environmental Stewardship
Advisory Commission of 3/10; Governing Board of the Municipal Housing Agency of 3/9;
Historic Preservation Commission of 2/19; Human Rights Commission of 2/9; Long Range
Planning Advisory Commission of 2/18; Zoning Advisory Commission of 3/4
Proofs of publication of City Council Proceedings of February 16 (Special and Regular
Session), February 17, February 19, and February 23, 2009 and List of Claims and Summary
of Revenues for Month Ending January 31, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Al Lundh for vehicle damage; Portzen Construction d/b/a Dubuque
Plumbing and Heating Company for services provided at the Port of Dubuque Parking Facility;
Robert and Aurora Merritt for property damage; April Shoars for personal injury; Paul
Wheelock 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: Rodney Miller for
property damage; Al Lundh for vehicle damage; Robert and Aurora Merritt for property
damage; Paul Wheelock for property damage. Upon motion the documents were received and
filed and concurred.
Historic Old Main Lighting and Sidewalk Project: City Manager recommending acceptance
of the Historic Old Main Lighting and Sidewalk Project as completed by Portzen Construction,
Inc. in the final contract amount of $378,758.63, and the final schedule of assessments. Upon
motion the documents were received and filed and Resolution No. 96-09 Accepting the Historic
Old Main Street Lighting and Sidewalk Replacement Project and authorizing the payment of
the contract amount to the contractor and Resolution No. 97-09 Adopting the final assessment
schedule for the Historic Old Main Street Lighting and Sidewalk Replacement Project were
adopted.
Port of Dubuque Outdoor Plaza – Phase I Project: City Manager recommending acceptance
of the construction contract for the Port of Dubuque Outdoor Plaza – Phase I Project as
completed by Nauman Nursery in the final contract amount of $334,025.16. Upon motion the
documents were received and filed and Resolution No. 98-09 Accepting the Port of Dubuque
Outdoor Plaza Project – Phase I and authorizing the payment of the contract amount to the
contractor was adopted.
PEG Capital Grant Expenditure Requests: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendations for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $925 for Dubuque Community Schools and $14,000 for the City of Dubuque. Upon
motion the documents were received, filed, and approved.
NICC I-Net User Agreement: City Manager recommending approval of an I-Net User
Agreement with Northeast Iowa Community College. Upon motion the documents were
received, filed, and approved.
Lease Amendment for “Dubuque by Carriage”: City Manager recommending approval of the
Seventh Amendment to the lease agreement with Carole Lindstrom of “Dubuque by Carriage”
to extend the original lease of the former Dock Board building for an additional two years.
Upon motion the documents were received, filed, and approved.
Special Events Grant Program: City Manager recommending approval of proposed revisions
and requirements for the Special Events Grant Program. Upon motion the documents were
received, filed, and approved.
Citizen Communication: Communication from Sister Lené Rubly, OSF, thanking the City
Council for their recent action regarding Trailways. Upon motion the document was received
and filed.
Certificate of Appreciation: Certificate of Appreciation from Governor Chester J. Culver and
John R. Norris, Iowa Utilities Board, to the City of Dubuque for valuable contributions to the
Iowa Weatherization Challenge. Upon motion the document was received and filed.
Stormwater Management Utility Subsidy: City Manager recommending approval of
increasing the Stormwater Management Utility Subsidy for residential farms from fifty percent
to seventy-five percent effective March 17, 2009. Upon motion the documents were received,
filed, and approved.
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 Angie’s Tap, 1401 Elm Street; Oky Doky, 1256 Iowa Street;
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Noonan’s Tap, 1618 Central Avenue; Busted Lift, 180 Main Street; and Lien Oriental Food,
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115 West 11 Street. Upon motion the documents were received, filed, and approved.
Clean City Coalition Designation: Communication to Brian Crowe, Iowa Office of Energy
Independence, requesting confirmation of the City’s membership on the Iowa Clean Cities
Coalition from the Iowa Office of Energy Independence. Upon motion the document was
received and filed.
Renewal of Interim Application for Wireless Telecommunications Facilities: City Manager
recommending that the Resolution of Interim Application for Wireless Telecommunications
Facilities be renewed for an additional 120 days. Upon motion the documents were received
and filed and Resolution No. 99-09 Amending Resolution No. 238-08 which adopted an interim
application process for wireless telecommunication facilities by extending the interim
application process until June 1, 2009 was adopted.
Applewood Apartments – Application for Tax Credits: City Manager recommending City
Council endorsement of an application from Horizon Development to the Iowa Finance
Authority for low-income housing tax credits for Applewood Apartments Phase III on
Pennsylvania Avenue. Upon motion the documents were received, filed, and approved.
Mediacom: Communication from Lee Grassley, Senior Manager – Government Relations of
Mediacom, advising that Mediacom will no longer carry the TV Guide Network effective on or
about April 13, 2009 and that the Music Choice lineup will be updated on or about April 15,
2009. Upon motion the document was received and filed.
Signed Contracts: -- Hawkeye Truck and Trailer for ambulance purchase and Water
Pollution Control Plant Sustainable Energy Consultant Services. Upon motion the documents
were received and filed.
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. 100-09 Granting the issuance of a Class “C” Beer Permit to Hy-Vee #3 and Kwik Stop C-
Store; and Resolution No. 101-09 Granting the issuance of a Class “C” Beer/Liquor License to
Salsa’s Mexican Restaurant, Mystique Casino, Ground Round, P.J.’s, and Estrella; a Class “B”
Wine to Hy-Vee #3; and a Class “WBN” Native Wine to Bluff Street Brew Haus, Kwik Stop C-
Store and National Mississippi River Museum were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones 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 Connors. Motion carried 6-0.
J.D. Communications, Inc. Lease: City Manager recommending that a public hearing be set
for April 6, 2009, to consider a five year lease with J.D. Communications, Inc. for space in the
Historic Federal Building. Upon motion the documents were received and filed and Resolution
No. 102-09 Resolution of intent to dispose of an interest in real property owned by the City of
Dubuque by lease between the City of Dubuque, Iowa and J.D. Communications, Inc. was
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adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 6, 2009 in
the Historic Federal Building.
Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project: City
Manager recommending initiation of the public bidding process for the Eagle Point Water Plant
West Clear Well Reservoir Rehabilitation Phase II Project and that a public hearing be set for
April 6, 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. 103-
09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting
date of public hearing and ordering bids for the Eagle Point Water Plant West Clear Well
Reservoir Rehabilitation Phase II Project was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 6, 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: Civil Service Commission (Mayor Appointment): One 4-year
term through April 6, 2013 (Term of White). Applicant: Dan White, 2919 Elm Street. Mr. White
spoke in support of his appointment.
Appointments to 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. Motion by Connors to appoint Heath Hutchinson to the Zoning Board of
Adjustment for a 5-year term through March 25, 2014. Seconded by Jones. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Excess Right-of-Way – Old Mill Road and Manson Road: Proof of publication on notice of
hearing to consider disposing of the City’s interest in excess right-of-way purchased for the
reconstruction of Kelly Lane to Rockdale Methodist Church and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 104-
09 Approving Plat of Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County,
Iowa, and abutting Old Mill Road roadway easement; Resolution No. 105-09 Vacating portions
of excess rights-of-way and easements of Old Mill Road and Manson Road; and Resolution
No. 106-09 Disposing of City interest in Lot 1 of Old Mill Place No. 3 in the City of Dubuque,
Dubuque County, Iowa. Seconded by Jones. Motion carried 6-0.
Kephart Building Improvement Project: Proof of publication on notice of hearing to consider
the plans and specifications, form of contract and estimated cost for the Kephart Building
Improvement Project and City Manager recommending approval. Motion by Connors to receive
and file the documents and adopt Resolution No. 107-09 Approving plans, specifications, form
of contract, and estimated cost for the Kephart Building Improvement Project. Seconded by
Braig. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
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ACTION ITEMS
Electrical Code Ordinance: City Manager recommending approval of replacing the existing
Chapter 18 of the City of Dubuque Code of Ordinances with the latest edition of the National
Electrical Code published by the National Fire Protection Association, including Section 83-2(f)
which is different from the recommendation of the Electrical Code Board. 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. Electrical Code Board Member Dan Hamel,
3163 Hillcrest Road, spoke in support of Electrical Code Board’s recommendation, which
recommends a 1:1 ratio of Journeymen to apprentices/unclassified electricians adding that the
more restrictive ratio would provide a higher level of safety on projects within the City. Council
discussion included a clarification of the terms “apprentice” and “unclassified”, safety issues,
and cost savings. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 17-09 Ordinance
of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be
amended by repealing Section 18-1 thereof and enacting a new Section 18-1 thereof
pertaining to revising and reenacting an Electrical Code of the City of Dubuque, Iowa and
providing for the issuance of permits and collection of fees therefore (Electrical Code Board
recommendation). Seconded by Braig. Motion carried 6-0.
Request for Proposals – Historic Millwork District Energy Analysis: City Manager
recommending approval of the issuance of a Request for Proposals for a District Energy
Analysis for the Historic Millwork District. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Braig. Motion carried 6-0.
Dubuque Sustainable Design Assessment Team (SDAT) Final Report: City Manager
recommending approval of the Dubuque SDAT Final Report and the status report on the
Dubuque SDAT recommendations for incorporation into the Sustainable Dubuque Initiative.
Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Connors. Responding to questions by City Council, Planning Services Manager
Laura Carstens explained that the SDAT recommendations will go to the Sustainable Dubuque
Task Force and a compilation would come back to Council for discussion at a later date.
Motion carried 6-0.
Pre-Disaster Mitigation Plan: City Manager requesting the appointment of up to two City
Council representatives to serve on the Pre-Disaster Mitigation Plan (PDMP) Committee.
Motion by Connors to receive and file the document and appoint Council Members Joyce
Connors and Ric Jones to the Pre-Disaster Mitigation Plan Committee. Seconded by Resnick.
Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 7:08 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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