Minutes_City Council 5 4 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on May 4, 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 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 Judy Wadding of Hillcrest Family Services.
SWEARING-IN
Mayor Pro-Tem Joyce Connors
PROCLAMATIONS
Letter Carrier Food Drive Day (May 9, 2009) was accepted by Steve Heins, 2194 Southway
Drive; National Train Day (May 9, 2009) was accepted by Sue Czeshinski, 2203 Sunnyslope
Drive; Arthritis Walk Day (May 16, 2009) was accepted by Mike Clausen, 1730 Bristol Drive
and Jill Specht, 2123 Keyway Drive; Drinking Water Week (May 3 – 9, 2009) was accepted by
Water Plant Manager Bob Green; Public Service Recognition Week (May 4 – 10, 2009) was
accepted by Mayor Buol; Iowa School Board Recognition Week (May 10 – 16, 2009) was
accepted by Larry Loeppke, 1749 Churchill Drive and Mike Brannon, 489 South Grandview
Avenue; Nursing Home Week (May 10 – 16, 2009) was accepted by Michael Terrill,
Administrator, Dubuque Nursing and Rehab Center, 2935 Kaufamnn Avenue; Bike Safety
Month (May, 2009) was accepted by Sharon Frye, 2032 Golden Eagle Drive; Historic
Preservation Month (May, 2009) was accepted by Historic Preservation Commission
Chairperson Michael Knight, 942 Mt. Pleasant Street; Mental Health Month (May, 2009) was
accepted by John Cordes, Mental Health America for Dubuque County.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated including the amended consent agenda item (#28) Purchase of Service Agreement –
Burlington Trailways and moving action item (#10) Alcohol Civil Penalty Hearing – Tott’s Tap to
consent agenda (#12) Alcohol Compliance – Civil Penalties for Alcohol License Holders.
Seconded by Braig. Resnick requested (#15) Application to the Economic Development
Administration for Financial Assistance with a Downtown Parking Facility be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 3/3;
City Council of 4/20; Library Board of Trustees of 2/26
Proofs of publication of City Council Proceedings of April 6, 2009 (Regular and Special
Meetings) and List of Claims and Summary of Revenues for Month Ended March 31, 2009
Carnegie-Stout Public Library Board of Trustees Update from the Meeting of April 23, 2009;
Substance Abuse Services Center Third Quarterly Report.
Upon motion the documents were received and filed.
Notice of Claims/Suits: Portzen Construction, Inc. d/b/a Dubuque Plumbing and Heating
Company vs. City of Dubuque, et al; Andy Rettenmeier for property damage. Upon motion the
documents were received and filed and referred to the City Attorney.
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: Andy Rettenmeier for
property damage. Upon motion the document was received and filed and concurred.
Homelessness Prevention and Rapid Re-Housing Program: City Manager recommending
approval of an application to the US Department of Housing and Urban Development (HUD)
and an amendment to the Fiscal Year 2009 (Consolidated Plan 2008) Annual Action Plan for
Homelessness Prevention and Rapid Re-Housing Program (HPRP) funding in the amount of
$502,294. Upon motion the documents were received and filed and Resolution No. 137-09
Approving the application and Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008)
Amendment 4 for the Homelessness Prevention and Rapid Re-Housing Program (HPRP)
Funding was adopted.
Iowa Community Cultural Grant Application: City Manager recommending approval of an
Iowa Community Cultural Grant Application, which will allow the City of Dubuque’s Part-Time
Arts and Cultural Affairs Coordinator position to remain at twenty hours per week. Upon motion
the documents were received, filed, and approved.
Louise Lane Bridge Reconstruction Project: City Manager recommending award of the
contract for the Louise Lane Bridge Reconstruction Project to Jim Schroeder Construction,
Inc., in the amount of $209,315.52. Upon motion the documents were received and filed and
Resolution No. 138-09 Awarding public improvement contract for the Louise Lane Bridge
Reconstruction Project was adopted.
Request for Proposals (RFP) – Millwork District Streets and Utilities Improvements: City
Manager recommending approval of the issuance of a Request for Proposals to seek qualified
firms interested in providing street and utility design for the public infrastructure associated with
the Historic Millwork District. Upon motion the documents were received, filed, and approved.
Acquisitions of Real Property / Easements: City Manager recommending approval of a
request from the Engineering Department for authorization to negotiate the purchase of
“uncomplicated” properties and easements, which have an estimated fair market value of less
than $10,000 for public improvement projects. Upon motion the documents were received and
filed and Resolution No. 139-09 Allowing the use of the “Appraisal Waiver Provision” for
purchase of uncomplicated acquisitions for public improvement projects was adopted.
Dubuque Levee and Floodwall System – Letter of Agreement with FEMA: City Manager
recommending approval of a Provisionally Accredited Levee (PAL) Letter of Agreement with
the Federal Emergency Management Agency for the Dubuque Levee and Floodway System.
Upon motion the documents were received and filed and Resolution No. 140-09 Authorizing
execution of a Provisionally Accredited Levee (PAL) Letter of Agreement with the Federal
Emergency Management Agency for the Dubuque Levee and Floodway System was adopted.
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Historic Resource Development Program (HRDP) Grant Request for Mines of Spain
Exhibits and Education Program: City Manager recommending approval to submit an Historic
Resource Development Program (HRDP) Grant Application to the State Historical Society of
Iowa for the Mines of Spain Exhibit and Education Program and a Resolution of Support for the
application. Upon motion the documents were received and filed and Resolution No. 141-09
Approving HRDP Grant Application for Mines of Spain Exhibit and Education Program was
adopted.
Google Earth / City Imagery Update: City Manager recommending approval of a Content
Release Agreement that allows Google Earth to use the City’s data in order to better the
Google Earth product. 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 Agreements for a second
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offense tobacco compliance violation for 16 Street Auto Truck Plaza, 1215 East 16 Street.
Upon motion the documents were received, filed, and approved.
Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager
recommending approve of the Acknowledgement/Settlement Agreements for a first offense
alcohol compliance violation for The Channel Inn, 2010 ½ Kerper Boulevard; first offense
alcohol compliance violation for Tott’s Tap, 3457 Jackson Street; the 14-day license
suspension for Haun’s Special Meats, 3033 Asbury Road; and to set a first offense alcohol civil
penalty hearing for May 18, 2009 regarding The Club House, 2364 Washington Street. Upon
motion the documents were received, filed, and a Penalty Hearing was set for May 18, 2009.
Quarterly Investment Report: City Manager transmitting the March 31, 2009 Quarterly
Investment Report. Upon motion the documents were received and filed.
Citizen Communication: Communication from H. Charles Tyler requesting that stop lights be
installed at the entryway leading from Kennedy Mall and Best Buy. Upon motion the
communication was received and filed and referred to the City Manager.
Application to the Economic Development Administration for Financial Assistance with a
Downtown Parking Facility: City Manager recommending approval of the submission of an
application to the Economic Development Administration for downtown parking ramp funding.
Motion by Resnick to receive and file the documents and approve the recommendation.
Seconded by Connors. Van Milligen stated he will amend the application to reflect the
approved site selection.
Eagle Point Clear Well Reservoir Rehabilitation Phase II (Pipe Coating) Project: City
Manager recommending award of the construction contract for the Eagle Point Clear Well
Reservoir Rehabilitation Phase II (Pipe Coating) Project to K & W Coating, LLC in the amount
of $35,000. Upon motion the documents were received and filed and Resolution No. 142-09
Awarding the public improvement contract for the Eagle Point Clear Well Reservoir
Rehabilitation Phase II (Pipe Coating) Project was adopted.
Letter of Support – Upgrade of US Highway 20 to Four Lanes : City Manager recommending
approval of a Letter of Support for the Jo Daviess/Stephenson 4-Lane 20 Association efforts to
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upgrade Highway 20, particularly the Freeport Bypass and Galena Bypass. Upon motion the
documents were received and filed and Resolution No. 143-09 Resolution of Support for the
upgrade of US Highway 20 to four lanes was adopted.
Bradley Farm Airport Property Acquisition: City Manager recommending acceptance of the
deed to property from Ronald Bradley, Jeffrey Bradley, and Brian and Kimberly Bradley, 10719
Merlin Lane, for the Dubuque Regional Airport Terminal Relocation Project. Upon motion the
documents were received and filed and Resolution No. 144-09 Approving the acquisition of
real property located at 10719 Merlin Lane, Dubuque, Iowa, was adopted.
Hartman Airport Property Acquisition: City Manager recommending acceptance of the deed
to property from Ronald and Ellen Hartman, 8198 Jecklin Lane, for the Dubuque Regional
Airport Terminal Relocation Project. Upon motion the documents were received and filed and
Resolution No. 145-09 Approving the acquisition of real property located at 8198 Jecklin Lane,
Dubuque, Iowa, was adopted.
Adult Entertainment Settlement: Assistant City Attorney recommending approval of the
negotiated settlement with The Office. Upon motion the document was received, filed, and
approved.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Sanitation Driver and Laboratory Technician. Upon motion the documents were
received and filed and made a Matter of Record.
Investment Policy Recertification: City Manager advising that the City of Dubuque’s
investment policy has been recertified by the Association of Public Treasurers of the United
States and Canada and approved for the Certificate of Excellence Award. Upon motion the
documents were received and filed.
Legislative Correspondence: Correspondence to area legislators thanking them for their
efforts this legislative session to ensure that progress in the State of Iowa continues and that
Eastern Iowa, and specifically the City of Dubuque, is a part of that progress. Upon motion the
documents were received and filed.
Mediacom: Mediacom submitting the 2008 Annual Report (on file in the City Clerk’s Office).
Upon motion the document was received and filed.
Signed Contracts: Consultant Services for I&I Investigation; Kephart Building Improvement
Project Additional Services Agreement #3. Upon motion the documents were received and
filed.
Liquor License Refund: Request of James Goetzinger for a refund of his Class C Liquor
License in the amount of $845. Upon motion the documents were received and filed and the
refund was approved.
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. 146-09 Granting the issuance of a Class “C” Beer Permit to Keywest Conoco, Casey’s
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General Store #2420, Casey’s General Store #2421, 16 Street Auto Truck Plaza, and
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McCann’s Service; and Resolution No. 147-09 Granting the issuance of a Class “C”
Beer/Liquor License to Buffalo Wild Wings, Kalmes Breaktime, Shot Tower Inn, Marco’s, and
Catfish Charlie’s; Special Class “C” Liquor License to Jorja’s Restaurant; Class “WCN” Wine
License to Stone Cliff Winery; and Class “WBN” Native Wine License to Keywest Conoco and
Casey’s General Store #2420 were adopted.
Purchase of Service Agreement – Burlington Trailways: City Manager recommending
approval of a Purchase of Service Agreement with Burlington Trailways for the City’s financial
support to operate a bus depot and ticket sales office located at 400 Rhomberg Avenue. Upon
motion the documents were received, filed, and approved.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 7-0.
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Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project: City
Manager recommending initiation of the public bidding process for the Locust Street Sidewalk
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and Traffic Signal Installation – 8 to 12 Street Project and that a public hearing be set for
May 18, 2009. Upon motion the documents were received and filed and Resolution No. 148-09
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
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the advertisement for bids for the Locust Street Sidewalk and Traffic Signal Installation – 8 to
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12 Street Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 18, 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: Electrical Code Board:Two 3-year terms through May 21,
2012 (Terms of Schmidt and Uhlrich) (Electrical Experience/Background requirement).
Applicants: Bob Schmidt, 2184 Orchard Drive; and Paul Uhlrich, 489 Olympic Heights Road.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Kephart Building Roof Replacement Project: Proof of publication on notice of public hearing
to consider the plans, specifications, form of contract, and estimated cost for the Kephart
Building Roof Replacement Project and City Manager recommending approval and award of
the contract to Giese Roofing Company, in the amount of $79,495. Motion by Connors to
receive and file the documents and adopt Resolution No. 149-09 Approving plans,
specifications, form of contract, and estimated cost for the Kephart Building Roof Replacement
Project; and Resolution No. 150-09 Awarding public improvement contract for the Kephart
Building Roof Replacement Project. Seconded by Braig. Motion carried 7-0.
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Fiscal Year 2009 Second Budget Amendment: Proof of publication on notice of hearing to
consider the Second Amendment to the Fiscal Year 2009 Budget and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 151-09 Approving Amendment No. 2 to the Fiscal Year 2009 Budget for the
City of Dubuque. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council: Communication from Cindy Iwasaki, 560 Hill Street,
requesting to address the City Council regarding a fallen retaining wall. Motion by Connors to
receive and file the document. Seconded by Jones. Ms. Iwasaki spoke requesting assistance
from the City regarding a fallen retaining wall from an adjacent home behind her property
stating that the owner cannot afford to repair the wall, and it has become a safety issue.
Following Council discussion, Van Milligen stated that the City will only assist private property
owners when the issue involves the public right-of-way, and that providing assistance would
create a new policy and a major financial impact on the City. In summary, Mayor Buol stated
that the City cannot take on private sector issues using tax dollars. Motion carried 7-0.
Citizen Communication: Communication from Beth Shank regarding the Keyline bus route
and speed limit on Dove Street. Ms. Shank was not in attendance. Motion by Connors to
receive and file the communication. Seconded by Voetberg. Motion carried 7-0.
Police Department Organizational Supervision Realignment: City Manager recommending
approval of organizational supervision realignment for the Police Department, which involves
the creation and elimination of some civil service positions. Motion by Connors to receive and
file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0.
2009 Art on the River: Arts and Cultural Affairs Advisory Commission requesting City
Council approval of the selection of artwork for the 2009 Art on the River competition. Motion
by Connors to receive and file the documents and approve the selection. Seconded by Lynch.
Motion carried 7-0.
Washington Neighborhood Development Corporation (WNDC): City Manager
recommending approval of the reallocation of $100,000 from the Homeownership Grants to
fund the activities of the Washington Neighborhood Development Corporation. Motion by
Jones to receive and file the documents and approve the recommendation. Seconded by
Voetberg. Motion carried 7-0.
Sidewalk Installation Program (First Reading on April 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 Jones. Motion carried 6-1 with Lynch voting nay.
Motion by Connors for final consideration and passage of Ordinance No. 25-09 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
Manager to review appeals. Seconded by Braig. Motion carried 6-1 with Lynch voting nay.
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Downtown Parking Ramp Site Selection Recommendation: City Manager recommending
that the City Council select the site of a new downtown parking ramp. Motion by Connors to
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receive and file the documents and select the two-site option (10 and Iowa Streets / 5 and
Bluff Streets). Seconded by Braig. City Council discussion included concerns over the height of
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the ramp at the 5 and Bluff Streets site, ramp proximity to both current and future businesses,
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street-level appeal at the 5 and Main Streets site, funding sources and financial differences
between the options, secured bicycle parking, and project timing. Motion carried 6-1 with
Resnick voting nay.
Request for Proposals – Design of Downtown Parking Ramp: City Manager recommending
approval of the issuance of a Request for Proposals for engineering/design services required
to design a new downtown parking ramp. Motion by Jones to receive and file the documents
and approve the recommendation adding bicycle parking to the design. Seconded by Connors.
Motion carried 7-0.
H1N1 Influenza (Swine Flu) Update: City Manager transmitting information regarding the
local response to the recent H1N1 (Swine Flu) Influenza outbreak. Motion by Lynch to receive
and file the report. Seconded by Braig. Public Health Specialist Mary Rose Corrigan provided a
verbal update stating that Governor Culver has declared a public health emergency, which aid
in funding. Ten public information health advisories have been sent out in addition to an
infomercial and personal care programs placed on City Channel 8, and updates to the City’s
website. Two health preparedness meetings have been held and a Joint Information
Committee has been formed. Corrigan stated that there is one confirmed and seven probable
cases across Marshall, Johnson, Scott, and Polk Counties. The Iowa Department of Public
Health is distributing antiviral medication to counties and health care providers. The virus is a
combination of human, avian, and swine viruses and has been given the name of Swine-Origin
Influenza Virus. The virus is wide spread and health officials are keeping their guard up for the
fall 2009 influenza season. Motion carried 7-0
Alcohol Civil Penalty Hearing – Tott’s Tap: City Manager submitting information regarding
the alcohol civil penalty for Tott’s Tap. This item was added to the consent agenda upon
settlement prior to the meeting.
Unified Development Code Work Session Dates: City Manager recommending that a series
of work sessions on the draft Unified Development Code be scheduled for Monday, May 11;
Wednesday, May 27; Monday, June 8; and Monday, June 29. Motion by Jones to receive and
file the documents and approve the recommended dates. Seconded by Voetberg. Braig stated
that she is not available for the June 8 session. Lynch stated that he is not available for the
May 27 session. Van Milligen stated that dinner would be served at 5:00 p.m. with the work
session starting at 5:30 p.m. Motion carried 7-0.
East / West Corridor Study Work Session Date: City Manager recommending that a work
session be scheduled for 5:00 p.m. on Monday, July 20, 2009, to provide an update on the
East – West Corridor Connectivity Study. Motion by Jones to receive and file the documents
and approve the recommended date. Seconded by Voetberg. Van Milligen stated that dinner
would be served at 4:30 p.m. with the work session starting at 5:00 p.m. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Jones reported that he had learned former ISU nurse and friend Tania McClain was ill and
thanked her for her work in helping to develop the City’s Fire Department Paramedic Program
in 1974.
There being no further business, upon motion the City Council adjourned at 8:37 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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