Minutes City Council Regular Session 4 20 09CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on April 20, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, Assistant City Attorney O’Brien
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Reverend Loren Hirschy, Word of Life Church.
PROCLAMATIONS
Silver Star Banner Day (May 1, 2009) was accepted by John Galle and Gene Giltner of the
American Legion Post 6, 1306 Delhi Street.
Rotary Foundation Group Study Exchange Days (May 2-6, 2009) was accepted by Geri
Shafer, 1207 Adeline Street.
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: City Council of 4/6; Civil Service Commission of 1/30;
Historic Preservation Commission of 3/19; Zoning Advisory Commission of 3/25 and 4/1;
Zoning Board of Adjustment of 3/3 and 3/26. Upon motion the documents were received and
filed.
Notice of Claims/Suits: 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:
William Enk for vehicle damage. Upon motion the document was received, filed, and
concurred.
Indiana Subdivision: City Manager recommending acceptance of the public improvements
which the developer, KZ Investments, LLC, has recently completed in Indiana Subdivision.
Upon motion the documents were received and filed and Resolution No. 121-09 Accepting
improvements in Indiana Subdivision was accepted.
IDOT Agreement for Traffic Safety Improvement Funding: City Manager recommending
approval of the Iowa Department of Transportation Agreement for Traffic Safety Improvement
Funding (Iowa DOT Project No. CS-TSF-2100(644)--85-31, Agreement No. 2010-TS-018) for
the Pennsylvania Avenue Improvements Project, IA 32 to Vizaleea Drive. Upon motion the
documents were received and filed and Resolution No. 122-09 Approving the Iowa Department
of Transportation Agreement for Traffic Safety Improvement Funding for the Pennsylvania
Avenue from IA 32 to Vizaleea Drive Safety Improvements (CS-TSF-2100(644)--85-31,
Agreement # 2010-TS-018) was adopted.
Historic Old Main Street – Lighting and Sidewalk Replacement Project Assessments: City
Manager recommending approval of a revised schedule of final assessments for the Historic
Old Main Street – Lighting and Sidewalk Replacement Project. Upon motion the documents
were received and filed and Resolution No. 123-09 Adopting the revised final assessment
schedule for the Historic Old Main Street – Lighting and Sidewalk Replacement Project was
adopted.
Vision Iowa Board – Community Attraction and Tourism Agreement: City Manager
recommending approval of the execution and delivery of a $440,000 Community Attraction and
Tourism (CAT) grant agreement with the Vision Iowa Board for the E.B. Lyons Interpretive
Center Expansion.
Communication from Andrew Anderson, Vision Iowa Board Chair, advising that the Vision
Iowa Board intends to award the City of Dubuque and the Friends of the Mines of Spain a
Community Attraction and Tourism Grant of $440,000 on behalf of the E.B. Lyons Interpretive
Center Expansion Project.
Upon motion the documents were received and filed and Resolution No. 124-09 Authorizing
execution of CAT Grant Agreement for E.B. Lyons Interpretive Center Expansion Project was
adopted.
Population of Annexed Areas: City Manager recommending that the City certify to the State
Treasurer the population of any areas annexed since the 2000 Census as required by Section
312.3(4) of the Code of Iowa. Upon motion the documents were received and filed.
Revitalize Iowa’s Sound Economy (RISE) Grant: City Manager recommending approval of a
Project Agreement with the Iowa Department of Transportation for RISE funding in the amount
of $285,002 for a new street in the Dubuque Industrial Center West to service the former North
Siegert farm area. Upon motion the documents were received and filed and Resolution No.
125-09 Approving an Agreement for RISE funding with the Iowa Department of Transportation
relating to development of a new street in the Dubuque Industrial Center West was adopted.
Certificate of Completion – Port of Dubuque Adams Development, LLC: City Manager
recommending approval of the issuance of a Certificate of Completion for Port of Dubuque
Adams Development, LLC in the Dubuque Industrial Center West acknowledging completion
of their obligations to construct Minimum Improvements as stipulated in the Development
Agreement. Upon motion the documents were received, filed, and approved.
Millwork District Energy Plan: City Manager recommending approval of the selection of the
consultant for the Millwork District Energy Plan. Upon motion the documents were received,
filed, and approved.
Environmental Stewardship Advisory Commission: Communication from Wayne
Klostermann, Chair of the Environmental Stewardship Advisory Commission, regarding
methane gas. Upon motion the document was received and filed.
Fiscal Year 2009 COPS Secure Our Schools Grant Application: City Manager
recommending approval of the submittal of a Fiscal Year 2009 Community Oriented Policing
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Secure our Schools Grant application for the purpose of obtaining grant funding for school
security measures. Upon motion the documents were received, filed, and approved.
Tobacco Compliance – Civil Penalties for Tobacco License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreement for a first offense
tobacco compliance violation for HIBA Petroleum (Clarke of Dubuque), 700 Rhomberg
Avenue. 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 House of China, 170 John F. Kennedy Road and Applebee’s
Neighborhood Grill and Bar, 1395 Associates Drive, acceptance and approval of the payment
and the Acknowledgement/Settlement Agreement when it is received for a first offense alcohol
compliance violation for HIBA Petroleum (Clarke of Dubuque), 700 Rhomberg Avenue, and to
schedule a first offense alcohol civil penalty hearing regarding Tott’s Tap, 3457 Jackson Street,
for May 4, 2009 concerning their December 18, 2008 alcohol violation. Upon motion the
documents were received, filed, and approved.
Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and stormwater
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 126-09 Adopting the schedule of assessments for
delinquent water, sewer, refuse and stormwater accounts and directing the City Clerk to certify
the schedule of assessments to the County Treasurer and to publish notice thereof.
Request for Proposals – Procurement Card Services: City Manager recommending approval
of the issuance of a Request for Proposals for implementing a Procurement Card Program.
Upon motion the documents were received, filed, and approved.
Dubuque Water Ski Club: City Manager recommending approval of the annual lease with
the Dubuque Water Ski Club for a section of Schmitt Island. Upon motion the documents were
received, filed, and approved.
Health Alert Network (HAN) Memorandum of Understanding Agreement: City Manager
recommending approval of a Memorandum of Understanding (MOU) for continued use of the
Health Alert Network (HAN) portal system with the Iowa Department of Public Health. Upon
motion the documents were received, filed, and approved.
Intergovernmental Agreement – City of East Dubuque, Illinois: City Manager recommending
approval of a 28E Intergovernmental Agreement between the City of Dubuque and the City of
East Dubuque, Illinois for bus service. Upon motion the documents were received, filed, and
approved.
Every Child/Every Promise Quarterly Report: Mae Hingtgen submitting the Every Child /
Every Promise Quarterly Report. Upon motion the document was received and filed.
Iowa Department of Natural Resources: Communication from the Iowa Department of
Natural Resources regarding the Dubuque Wastewater Treatment Plant Facility inspection.
Upon motion the documents were received and filed.
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Neighborhood Stabilization Program: Communication from Michael Tramontina, Iowa
Department of Economic Development, advising that the City of Dubuque has been awarded a
grant in the amount of $444,328.00 for the Neighborhood Stabilization Program. Upon motion
the document was received and filed.
PEG Capital Grant Expenditure Request: City Manager recommending approval of a
request from Wahlert High School and Mediacom for funding from the Capital Grant for Access
Equipment and Facilities. Upon motion the documents were received, filed, and approved.
Fiscal Year 2010 Community Development Block Grant Program: City Manager
recommending approval of the publication of a Notice of Intent to Request Release of Funds
for Community Development Block Grant (CDBG) program activities. Upon motion the
documents were received and filed and Resolution No. 127-09 Authorizing publication of a
Notice of Intent to Request Release of Funds for certain Community Development Block Grant
Projects for Fiscal Year 2010 (Program Year 2009) was adopted.
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation (IDOT) advising that they propose to let a deck joint repair project on U.S. 61,
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U.S. 151, U.S. 52, ICE Railroad and 9 Street. Upon motion the document was received and
filed.
Legislative Correspondence: City Manager communication to local legislators regarding the
proposed amendments to Chapter 411 and urging that this legislation not be enacted. Upon
motion the documents were received and filed.
Friends of the Mines of Spain: Communication from Douglas Olk, Friends of the Mines of
Spain, requesting that the City consider making a $125,000 commitment toward the building
project at the E.B. Lyons Interpretive Center. Upon motion the documents were received and
filed and referred to the City Manager.
Mystique Casino – Fireworks Display: Communication from Jesús Aviles requesting
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approval to use City property for a fireworks display on June 6, 2009 in celebration of the 25
anniversary of racing at Dubuque Greyhound Park. Upon motion the document was received,
filed, and approved.
Amendment to Development Agreement – Dubuque Initiatives: City Manager
recommending approval of an amendment to the Development Agreement with Dubuque
Initiatives to facilitate the use of new market and historic tax credits in connection with the
redevelopment of the Roshek Building. Upon motion the documents were received and filed
and Resolution No. 128-09 Approving an amendment to the Development Agreement between
the City of Dubuque, Iowa and Dubuque Initiatives was adopted.
Internal Revenue Service Audit: City Manager transmitting information about the January
21, 2009 IRS Audit. Upon motion the documents were received and filed.
Riverwalk Ninth Addition – Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey of the Riverwalk Ninth Addition. Upon motion the documents
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were received and filed and Resolution No. 129-09 Approving the Plat of Survey of Riverwalk
Ninth Addition was adopted.
National Preservation Month Photographs: Communication from the Historic Preservation
Commission requesting each City Council Member to pose for a picture in front of their favorite
historic building or site in Dubuque. Upon motion the document was received and filed.
Federal Emergency Management Agency: Notification from the U.S. Department of
Homeland Security’s Federal Emergency Management Agency (FEMA) announcing that the
City of Dubuque will receive $1,435,688 for the North Fork Catfish Creek Project. Upon motion
the document was received and filed.
Letter of Support for Silos and Smokestacks Grant Application: City Manager
recommending approval of City support of a Friends of the Mines of Spain State Recreation
Area grant application to the Silos and Smokestacks National Heritage Area. Upon motion the
documents were received, filed, and approved.
Contracts Signed by the City Manager: -- Mediacom Commercial Service Agreement. Upon
motion the document was 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. 130-09 Granting the issuance of a Class “B” Beer Permit to Panchero’s and a Class “C”
Beer Permit to Tobacco Outlet #542, Ron’s Discount Smokes, and Hartig Drug Company; and
Resolution No. 131-09 Granting the issuance of a Class “A” (Club) Liquor License to DBQ
Lodge #355; Class “C” Beer/Liquor License to Loras College, West Dubuque Tap, Lot One,
The Hub, Knights of Columbus #510, Whiskey River, and Sublime; a Special Class “C” (BW)
Liquor License (5-Day Special Event) to Dubuque Jaycees; a Class “B” Wine Permit to Hartig
Drug Company; and a Class “B” Native Wine Permit to Flowers on Main 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.
Kephart Building Roofing Project: City Manager recommending initiation of the public
bidding process for the Kephart Building Roofing Project and that a public hearing be set for
May 4, 2009. Upon motion the documents were received and filed and Resolution No. 132-09
Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date
of public hearing on plans, specifications, form of contract, and estimated cost; and ordering
the advertisement for bids for the Kephart Building Roofing Project was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on May 4, 2009 in the Historic Federal
Building.
Fiscal Year 2009 Second Budget Amendment: City Manager recommending that a public
hearing be set for May 4, 2009 to consider approval of the Second Amendment to the Fiscal
Year 2009 Budget. Upon motion the documents were received and filed and Resolution No.
133-09 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2009
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Budget for the City of Dubuque was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on May 4, 2009 in the Historic Federal Building.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Applewood Senior Housing Planned Unit Development District: Proof of publication on
notice of hearing to consider a request from Dan Fitzgerald, Horizon Development Group, to
amend the Applewood Senior Housing Planned Unit Development District by rezoning 1.7
acres from R-1 Single Family Residential District to PUD Planned Unit Development District to
allow construction of a three-story, 43-unit senior apartment residence and Zoning Advisory
Commission recommending approval, with conditions.
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. Horizon
Development Group representatives Dan Fitzgerald and Kevin Burrow, 1031 North Edge Trail,
Verona, WI, provided a slide presentation of their original and modified proposals as presented
to the Zoning Advisory Commission. William Wells, 15945 Asbury Road, of Bisping Realty and
Lange Family estate representative, spoke in support of the proposed rezoning. Planning
Services Manager Laura Carstens provided a staff report. Motion carried 7-0
Motion by Connors for final consideration and passage of Ordinance No. 19-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying property located at the 3225 Pennsylvania Avenue from R-1 Single-Family
Residential District to PUD Planned Unit Development District with a PR Planned Residential
District Designation, and adopting a Conceptual Development Plan for Applewood Senior
Housing Phase 3. Seconded by Braig. Motion carried 7-0.
Hillcrest Family Services ID Institutional District: Proof of publication on notice of hearing to
consider a request from Gary Gansemer, Hillcrest Family Services, to amend the Hillcrest
Family Services ID Institutional District to permit the continued use of a portable classroom and
Zoning Advisory Commission recommending approval.
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 Lynch. Gary Gansmer, 2223
Aspen Drive, spoke in support of the request citing a continued need for the unit. Planning
Services Manager Laura Carstens provided a staff report. Responding to questions by City
Council, Zoning Advisory Commission Chairperson Jeff Stiles stated that the Commission
preferred to see a permanent structure but would approve the amendment despite the age of
the unit. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 20-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing
Section 2(D)(2) of Ordinance No. 18-03, and enacting a new section 2(D)(2) in lieu thereof
pertaining to the time limit for use of portable classrooms at Hillcrest Family Services.
Seconded by Voetberg. Motion carried 7-0.
Louise Lane Bridge Reconstruction Project: Proof of publication on notice of hearing to
consider the plans, specifications, form of contract, and estimated cost for the Louise Lane
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Bridge Reconstruction Project and City Manager recommending approval. Motion by Connors
to receive and file the documents and adopt Resolution No. 134-09 Approving plans,
specifications, form of contract, and estimated cost for the Louise Lane Bridge Reconstruction
Project. Seconded by Lynch. Motion Carried 7-0.
Upon motion the rules were suspended limiting discussion to the City Council.
ACTION ITEMS
Request to Address Council: Communication from Terry Driskell, Human Rights
Commission, to introduce himself to the City Council. Mr. Driskell was not in attendance.
Tri-State Trail Vision: Communication from the Tri-State Trail Vision Board of Directors
requesting to address the City Council regarding the East – West Corridor Study. Motion by
Connors to receive and file the documents. Seconded by Lynch. Tri-State Trail Vision
President Brian Walsh, 3242 Bittersweet, expressed concerns regarding the East-West
Corridor Study and the perception by the study’s consultants resulting from the November 3,
2008 City Council work session that they are being prevented from finding cycle and hiking
solutions through difficult intersections such as Delhi at University and on to Clarke Drive.
Following discussion, Mayor Buol reiterated the Council’s direction to consultants to consider
any and all options along the entire corridor especially at dangerous pinch points as identified
in the study and by Mr. Walsh. Mayor Buol also reiterated that while the consultants were
asked to be innovative and creative, large quantities of property acquisition would not be
feasible, but limited acquisition might be considered. Motion carried 7-0.
Historic Preservation Commission: Communication from the Historic Preservation
Commission recommending approval of a request from the Four Mounds Foundation for
Historic District Public Improvement Project funds to assist with a portion of the architectural
fees to design and site a visitor station at Four Mounds. Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0.
North Fork Trails – Final Plat: City Manager recommending approval of the final plat of
North Fork Trails. Motion by Braig to receive and file the documents and adopt Resolution No.
135-09 Authorizing approval of the final plat of North Fork Trails in the City of Dubuque, Iowa.
Seconded by Voetberg. Motion carried 7-0.
Project HOPE Logo: City Manager recommending approval of the proposed Project HOPE
Logo. Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Resnick. Motion carried 7-0.
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West 32 Street Detention Basin Public Access: City Manager recommending approval of
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changes to the West 32 Street Detention Basin Project to provide limited citizen access to
the area and adding signs to provide information about the purpose of the basin and how it is
designed to function. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Braig. Responding to questions from City Council, City
Engineer Gus Psihoyos stated that there are no plans to provide lighting or additional security
measures. Psihoyos added that specific landscaping is planted as a barrier to deter entry to
the basin and that the basin has been designed with a less dangerous slope and to prevent a
rushing rise in water. Motion carried 7-0.
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Alcohol and Tobacco Violations: City Manager recommending approval of changes to
Chapter 5 of the Code of Ordinances regarding alcohol and tobacco violations to be in
compliance with the State Code. 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. 21-09 Amending the
City of Dubuque Code of Ordinances Section 5-3 Prohibited Sales and Acts by adding a
provision which prohibits the sale or supplying of alcohol to individuals without exercising
reasonable care to ensure the alcohol is not provided to those under the legal age, Ordinance
No. 22-09 Amending the City of Dubuque Code of Ordinances Chapter 33 by adding Section
33-18 Persons under Legal Age which prohibits the sale or supplying of tobacco products to
persons under eighteen (18) years of age and 33-18A Penalty which provides a fine for such
violations, and Ordinance No. 23-09 Amending Chapter 32 of the City of Dubuque Code of
Ordinances by adding Section 32-321.284 Open Containers In Motor Vehicles – Drivers And
Section 32-321.284A Open Containers In Motor Vehicles - Passengers which prohibit the
driver or passenger of a motor vehicle upon a public street from possessing an unsealed
receptacle containing alcoholic beverages. Seconded by Connors. Motion carried 7-0.
Operation without Registration and Driver’s License Ordinance: City Manager
recommending approval of modifications to the City Code of Ordinances related to Operation
without Registration and Driver’s License to correspond with the State Code numbering
pattern. Motion by Resnick 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 by Connors for final consideration and passage of Ordinance No. 24-09 Amending
the City of Dubuque Code of Ordinances Section 32-321.98 Operation Without Registration
and 32-321.174A Operator's License – Operation Of Commercial Motor Vehicles by adding
provisions which prohibit an individual from operating a vehicle without registration within the
City of Dubuque. Seconded by Resnick. Motion carried 7-0.
Sidewalk Installation Program: City Manager recommending approval of an amendment to
the Sidewalk Installation Ordinance to change the effective date and other minor modifications.
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. Responding to
questions from City Council, City Engineer Gus Psihoyos explained that it was discovered that
residential property owners who were altering the footprint of a structure were not informed of
the requirement to install sidewalks through the building permit process as developers do
when submitting site plans through the Engineering Department. Van Milligen stated that the
amendment would take effect upon publication of the ordinance and would exempt those
properties affected prior to discovery of the oversight and that notice of the amended
ordinance will be published in the Telegraph Herald and letters will be sent to the Board of
Realtors, home builders, consultants, architects, and designers to remind them of the sidewalk
installation requirements. Motion failed 5-2 with Lynch and Resnick voting nay.
Motion by Jones to consider the first reading of a proposed ordinance amending Chapter
41, Streets, Sidewalks and Public Places, of the City of Dubuque Code of Ordinances by
changing Subsection (a) and (b) and adding a new Subsection 41-100(c) authorizing City
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Manager to review appeals. Seconded by Connors. Motion carried 5-2 with Lynch and Resnick
voting nay.
COUNCIL MEMBER REPORTS
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Jones reported on the Mayor’s recent proclamation honoring Donna Ginter’s 80 birthday
and her service to the community. Jones acknowledged the passing of Assistant City Clerk
Kevin Firnstahl’s father, Ramon.
Connors reported that the Convention and Visitor’s Bureau has secured Dubuque as the
site for the Iowa League of Cities’ conference in 2013.
PUBLIC INPUT
Keyline Transit Bus Driver Wayne Strohmeyer, 3403 Waller Street, expressed his concerns
and those shared by his colleagues about difficulties they are having with the management of
the division in terms of cutting routes and hours.
Keyline Transit Bus Driver Pat Healy, 227 Bryant Street, reiterated Mr. Strohmeyer’s
concerns adding that the emphasis should be on the needs of the passengers with the
knowledge base of long-term employees.
Assistant City Attorney O’Brien advised that the City Council could not comment so as not to
influence on-going legal proceedings.
CLOSED SESSION
Motion by Jones at 8:15 p.m. to go into closed session regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by
Connors. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 9:00 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:01 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
1t 5/1
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