Minutes_City Council Regular 5 18 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on May 18, 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 Jeff Fogle, Associate Pastor, Christ Church of Dubuque
PROCLAMATIONS
Scoutreach Day (May 30, 2009) was accepted by Colin Earl, 10601 Military Road, of the
Northeast Iowa Council of the Boy Scouts of America; Relay for Life Days (May 29 and 30,
2009) was accepted by Jodi Federspiel, 40 Nevada Street, and Phil Arensdorf, 3237 Brook
Hollow Drive; National Tourism Month (May, 2009) was accepted by Keith Rahe, Convention
and Visitor’s Bureau Director, 30254 Golf Course Road, Dyersville; Kim Wadding Day (May 26,
2009) was accepted by Police Chief Kim Wadding, 770 Iowa Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 3/24;
Cable TV Teleprogramming Commission of 4/7; City Council of 5/1, 5/4 and 5/11; Civil Service
Commission of 3/31; Environmental Stewardship Advisory Commission of 5/5; Historic
Preservation Commission of 4/16; Housing Code Appeals Board of 10/21/08; Library Board of
3/26 and 4/15; Long Range Planning Advisory Commission of 4/15; Transit Board of Trustees
of 3/28; Zoning Board of Adjustment of 4/23
Proofs of publication of City Council Proceedings of April 20 and May 1, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Paula Nicholson for vehicle damage; Larry A. Vogt for vehicle
damage; Michael Haun for vehicle damage; Lakeesha Wheeler for property damage; Terrance
J. Reisdorf for personal injury; Clint Duffy, d/b/a Garrett Waterproofing, for expenses incurred.
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: Michael Haun for
vehicle damage.
City Attorney recommending settlement of the claim of Paula Nicholson for vehicle damage.
Upon motion the documents were received and filed and concurred.
Fiscal Year 2010 Detailed Operating Budget for the Five Flags Center: City Manager
recommending approval of the detailed Fiscal Year 2010 operating budget for the Five Flags
Center as submitted by SMG. Upon motion the documents were received, filed, and approved.
John White vs. City of Dubuque: City Attorney advising that the District Court has authorized
the City to proceed with condemnation of property located at 409 Burch Street owned by John
White. Upon motion the documents were received and filed.
Assistance to Firefighter Grant: City Manager recommending approval of an Assistance to
Firefighter Grant Program application to the U.S. Department of Homeland Security for public
education, inspection and equipment funding. Upon motion the documents were received,
filed, and approved.
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11 Street Steps and Grove Terrace Retaining Wall Project: City Manager recommending
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acceptance of the 11 Street Steps and Grove Terrace Retaining Wall Project as completed by
Portzen Construction, Inc. in the final contract amount of $635,536.59. Upon motion the
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documents were received and filed and Resolution No. 152-09 Accepting the 11 Street Steps
and Grove Terrace Retaining Wall Project and authorizing the payment of the contract amount
to the contractor was adopted.
North Fork Catfish Creek Interceptor Sewer Project Grant Agreement: City Manager
recommending approval to enter into an agreement with the Iowa Department of Homeland
Security and Emergency Management Division, as required for receiving federal and state
funding, for the City’s North Fork Catfish Creek Sanitary Sewer Improvements Project in the
amount of $1,627,113. Upon motion the documents were received and filed and Resolution
No. 153-09 Authorizing the execution of an agreement with the Iowa Homeland Security and
Emergency Management Division, as required for receiving Federal and State Hazard
Mitigation Grant Program Funding, for the sanitary sewer improvements associated with the
North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project was
adopted.
Amendment to UDAG Loan – Dubuque Nursery and Landscaping: City Manager
recommending approval of an extension of the $20,000 loan balance payment due from
Dubuque Nursery and Landscaping to December, 2009. Upon motion the documents were
received and filed and Resolution No. 154-09 Amending Loan Agreement with Dubuque
Nursery and Landscaping was adopted.
Tri-State Area Trail Plan: City Manager recommending adoption of the Tri-State Area
Integrated Walking, Biking, Hiking Network Plan. Upon motion the documents were received
and filed and Resolution No. 155-09 Adopting the Tri-State Integrated Walking, Biking, Hiking
Network Plan was adopted.
Roshek Building / IBM Redevelopment Project: City Manager recommending approval of a
form of Notice and Consent Agreement by and among the City, Dubuque Bank & Trust,
Dubuque Initiatives and Roshek Building Investment Fund, LLC involving the Roshek
Building/IBM Redevelopment Project. Upon motion the documents were received and filed and
Resolution No. 156-09 Approving and authorizing execution of a Notice and Consent
Agreement by and among the City, Dubuque Bank & Trust, Dubuque Initiatives and Roshek
Building Investment Fund, LLC, was adopted.
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PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $11,500 for an encoding station for the Mediacom public access facility. Upon
motion the documents were received, filed, and approved.
Wetlands Monitoring Project: City Manager recommending approval of the selection of
Griggs Environmental Strategies to monitor the newly created wetlands at the Dubuque
Industrial Center West. Upon motion the documents were received, filed, and approved.
Dubuque Drum and Bugle Corps: Communication from Greg Orwoll, Executive Director –
Dubuque Drum and Bugle Corps, regarding the annual Music on the March and requesting an
exemption from the noise ordinance and residential parking permit district around Senior High
School on June 30 and July 31, 2009. Upon motion the document was received, filed, and
approved.
Alcohol Compliance – Civil Penalty for Alcohol License Holder: City Manager recommending
approval of the Acknowledgement/Settlement Agreement for a first offense alcohol compliance
violation for The Club House, 2364 Washington Street. Upon motion the documents were
received, filed, and approved.
Legislative Correspondence: Correspondence to Congressman Braley, Senator Grassley
and Senator Harkin thanking them for their support of the Energy Efficiency and Conservation
Block Grant recently funded through the American Reinvestment and Recovery Act. Upon
motion the documents were received and filed.
Liquor License Transfer: Request of the Rotary Club of Dubuque to transfer their liquor
license to A.Y. McDonald Park on June 10, 2009. Upon motion the documents were received,
filed, and approved.
Liquor License Refunds: Request of John Murphy, Pizza Hut of America, Inc., for a refund of
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the Beer and Liquor Licenses for Pizza Hut at 320 East 20 Street and 2075 John F. Kennedy
Road. Upon motion the documents were received, filed, and the refunds approved.
Signed Contracts: Parking Ramp Soil Agreement between WC Stewart Construction and
City of Dubuque. 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. 157-09 Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Catfish
Festival and a Class “C” Beer Permit to Cedar Cross Amoco, Hy-Vee Wine and Spirits, Hartig
Drug #2, Pioneer’s Rest Area and Awn Stop Mart #2; and Resolution No. 158-09 Granting the
issuance of a Class “A” Liquor License to Dubuque Golf and Country Club; Class “C”
Beer/Liquor License to Tott’s Tap, Easy Street, Denny’s Lux Club, Five Flags Center, 180 Main
Street, Silver Dollar Cantina, Bar-X, Bootleggers Pub and Kalmes Breaktime; Class “B” Wine
to Hy-Vee Wine and Spirits, Hartig Drug #2, Oh La La, and Church of the Resurrection; Class
“WBN” Native Wine Permit to Big 10 Mart; and Special Class “C” Liquor (Five-Day Special
Event) License to Music n More and Dubuque Jaycees (two events) were adopted.
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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 Voetberg. Motion carried 7-0.
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Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13
Streets: City Manager recommending initiation of the public bidding process for the Green
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Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13 Streets and that
a public hearing be set for June 1, 2009. Upon motion the documents were received and filed
and Resolution No. 159-09 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 Green Alley Pilot Project – Alley
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between Jackson and White Streets from 11 to 13 Streets; Resolution No. 160-09 Approving
the plat, schedule of assessments and estimate of total cost and setting date of public hearing
on Resolution of Necessity; and Resolution No. 161-09 Resolution of Necessity were adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on June 1, 2009 in the
Historic Federal Building.
Trolley Line Trail – Eagle Point Park Project: City Manager recommending initiation of the
public bidding process for the Eagle Point Trolley Line Trail Project and that a public hearing
be set for June 1, 2009. Upon motion the documents were received and filed and Resolution
No. 162-09 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 Eagle Point Trolley Line Trail Project was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 1, 2009 in
the Historic Federal Building.
North Fork Catfish Creek Sanitary Sewer Project – Phase I: City Manager recommending
initiation of the public bidding process for the North Fork Catfish Creek Sanitary Sewer Project
– Phase I and that a public hearing be set for June 1, 2009. Upon motion the documents were
received and filed and Resolution No. 163-09 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 North Fork
Catfish Creek Sanitary Sewer Project – Phase I was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 1, 2009 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to 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; Paul
Uhlrich, 489 Olympic Heights Road. Motion by Connors to appoint Bob Schmidt and Paul
Uhlrich to the Electrical Code Board for 3-year terms through May 21, 2012. Seconded by
Voetberg. Motion carried 7-0.
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PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project: Proof of
publication on notice of public hearing to consider the plans, specifications, form of contract,
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and estimated cost for the Locust Street Sidewalk and Traffic Signal Installation – 8 to 12
Street Project and City Manager recommending approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 164-09 Approving plans, specifications, form of
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contract, and estimated cost for the Locust Street Sidewalk and Traffic Signal Installation – 8
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to 12 Street Project. Seconded by Connors. In response to questions by City Council, City
Engineer Gus Psihoyos and Civil Engineer Dave Ness informed the City Council that this
project was taking advantage of a tight timeline in advance of an Iowa DOT project in the same
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area and did not include plans for 6 and Locust Streets. Staff agreed to include that
intersection as part of an upcoming study relative to parking ramp development at the
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intersection of 5 and Bluff Streets. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Area Chamber of Commerce Convention and Visitors Bureau: Convention and
Visitors Bureau Director Keith Rahe, 30254 Golf Course Road, Dyersville, presented the CVB
Quarterly Report. Motion by Lynch to receive and file the document. Seconded by Connors.
Motion carried 7-0.
Fair Market Value – 502/504 Rhomberg Avenue: City Manager recommending
establishment of the fair market value for property at 502/504 Rhomberg Avenue and
authorization for the City Attorney to commence negotiations for the purchase of the property.
Motion by Connors to receive and file the documents and adopt Resolution No. 165-09
Establishing the fair market value of real property at 502/504 Rhomberg Avenue, Dubuque,
Iowa, owned by Michael Lindauer and Donna Lindauer. Seconded by Jones. Motion carried 7-
0.
Fair Market Value – 1553 Maple Street: City Manager recommending establishment of the
fair market value for property at 1553 Maple Street and authorization for the City Attorney to
commence negotiations for the purchase of the property. Motion by Connors to receive and file
the documents and adopt Resolution No. 166-09 Establishing the fair market value of real
property at 1553 Maple Street, Dubuque, Iowa, owned by Milton Schwartz. Seconded by
Voetberg. Motion carried 7-0.
City Council Compensation Task Force: Communication from the City Council
Compensation Task Force regarding Mayor and City Council compensation. Motion by
Connors to receive and file the document. Seconded by Jones. Task Force Member Jason
Anderson, 525 Samuel Street, spoke on behalf of the Task Force and stated that there was no
doubt among the seven-member task force that the City Council deserved compensation for
their many Council-related duties. City Council Members thanked the Task Force for their time
and work. They discussed the impact that a salary increase would have had on attracting
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potential candidates and that it would have affected only incoming members in 2010. Council
members declined the increase stating it was inappropriate in light of the current poor
economy. Motion carried 7-0.
First Amendment to Development Agreement – 40 Main LLC: City Manager recommending
approval of the First Amendment to the 40 Main LLC Development Agreement which provides
a short-term loan for rehabilitation of a mixed use building at 40 Main Street. Motion by
Voetberg to receive and file the documents and adopt Resolution No. 167-09 Approving the
First Amendment to the 40 Main LLC Development Agreement. Seconded by Jones. Motion
carried 7-0.
North Grandview Avenue Pet Park: Request of Council Member David Resnick to discuss
the pet park on North Grandview Avenue and City Manager transmitting information regarding
the North Grandview Pet Park. Motion by Resnick to continue searching for an alternate site
and close the North Grandview Avenue Pet Park as of April 1, 2010, whether or not an
alternate site is open or the potential of an alternative site exists as of that date. Seconded by
Jones. Motion carried 5-2 with Braig and Connors voting nay.
Iowa Jobs (I-JOBS) Program Funding: City Manager recommending approval to allocate all
City funding appropriation from the Iowa Jobs (I-JOBS) Program to the Southwest Arterial
Project. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 7-0.
Greater Dubuque Development Corporation Board of Directors: Communication from the
Greater Dubuque Development Corporation requesting appointments to the Greater Dubuque
Development Corporation Board of Directors (currently Mayor Roy Buol, City Manager Michael
Van Milligen, Economic Development Director Dave Heiar and City Council Members Joyce
Connors and Kevin Lynch). Motion by Jones to retain the current membership. Seconded by
Braig. Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 7:53 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
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