Minutes City Council 6 1 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on June 1, 2009 in the
Historic Federal Building
Present: Mayor Pro-Tem Connors, Council Members Braig, Jones, Lynch, Resnick,
Voetberg, Assistant City Manager Steinhauser; City Attorney Lindahl
Absent: Mayor Roy D. Buol
Pledge of Allegiance
Invocation was provided by Deacon Jim Thill of Holy Spirit Pastorate
PROCLAMATION
Apples for Students Months (June, July and August, 2009) was accepted by Ellen
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Goodman-Miller, 421 W. 3 Street.
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Motion carried 6-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/28; City
Council of 5/18 and 5/27; Housing Commission of 3/24; Zoning Advisory Commission of 5/6;
Proofs of publication of City Council Proceedings of May 4 and 11, 2009. Upon motion the
documents were received and filed.
Notice of Claims/Suits: Richard and Mary Rokusek for vehicle damage; Angela Oberfoell for
vehicle damage. Upon motion the documents were received and filed and referred to the City
Attorney.
City Attorney recommending denial of the following claims: Larry A. Vogt for vehicle
damage, Lakesha Wheeler for property damage and Garrett Waterproofing for reimbursement
of towing charges. Upon motion the documents were received and filed and concurred.
Fiscal Year 2009 Community Development Block Grant (CDBG) Annual Action Plan: City
Manager recommending approval of an amendment to the Fiscal Year 2009 Community
Development Block Grant Annual Action Plan for CDBG Recovery Funding from the U.S.
Department of Housing and Urban Development. Upon motion the documents were received
and filed and Resolution No.168-09 Approving the Fiscal Year 2009 Annual Action Plan
(Consolidated Plan 2008) – Amendment 5 for Community Development Block Grant Recovery
Funds was adopted.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Firefighter. Upon motion the document was received and filed and made a Matter of
Record.
U.S. Housing and Urban Development: Communication from Nelson Bregon, General
Deputy Assistant Secretary for HUD, advising the City of funding allocations for the Community
Development Block Grant Program. Upon motion the documents were received and filed.
Collateral Assignment of the Development Agreement – Dubuque Initiatives: City Manager
recommending approval of a Collateral Assignment of the Development Agreement between
the City of Dubuque, Iowa and Dubuque Initiatives. Upon motion the documents were received
and filed and Resolution No. 169-09 Consenting to a Collateral Assignment of the
Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives was
adopted.
Neighborhood Stabilization Program (NSP): City Manager recommending approval of the
publication of a Notice of Intent to Request Release of Funds for the Neighborhood
Stabilization Program (NSP). Upon motion the documents were received and filed and
Resolution No. 170-09 Authorizing publication of a Notice of Intent to request release of funds
for the Neighborhood Stabilization Program was adopted.
Tanglewood Subdivision – Final Plat: City Manager recommending approval of the final plat
of Tanglewood Subdivision subject to waivers and conditions. Upon motion the documents
were received and filed and Resolution No. 171-09 Approving final plat of Tanglewood
Subdivision in Dubuque County, Iowa, was adopted.
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Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project: City
Manager recommending award of the Locust Street Sidewalk and Traffic Signal Installation –
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8 to 12 Street Project to McDermott Excavating in the amount of $384,925.39. Upon motion
the documents were received and filed and Resolution No. 172-09 Awarding public
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improvement contract for the Locust Street Sidewalk and Traffic Signal Installation – 8 to 12
Street Project was adopted.
Request for Proposals – Historic Millwork District Streetscape Improvements: City Manager
recommending approval to issue a Request for Proposals for the Streetscape Improvements
Addendum to the Millwork District Streets and Utility Improvements Project to have these
projects better coordinated by using one vendor. Upon motion the documents were received,
filed, and approved.
Grass and Weed Cutting Assessments: City Manager recommending approval to certify
grass and weed cutting charges to the Dubuque County Treasurer in order to establish real
property liens for collection of such charges. Upon motion the documents were received and
filed and Resolution No. 173-09 Adopting the schedule of assessments for grass cutting
charges specifying the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable, and directing
the Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice
thereof was adopted.
Vacant and Abandoned Buildings and Problem Property Assessments: City Manager
recommending approval of vacant and abandoned building and problem property
assessments. Upon motion the documents were received and filed and Resolution No. 174-09
Adopting the Schedule of Assessments for vacant and abandoned building and problem
property charges specifying the number of annual installments into which assessments are
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divided, the interest on all unpaid installments, the time when the assessments are payable
and directing the clerk to certify the schedule of assessments to the County Treasurer and to
publish notice thereof; and Resolution No. 175-09 Authorizing the City to collect delinquent
vacant and abandoned building and problem property charges in accordance with Section 26-
3(b)(1)h; Section 26-4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of
Dubuque, Iowa, were adopted.
2008/2009 Snow Removal Assessments – Right of Way Obstruction Removal: City
Manager recommending approval of the final assessment schedule for the 2008/2009 Snow
Removal and Right-of-Way Obstruction Removal Assessment Project in the amount of $4,277.
Upon motion the documents were received and filed and Resolution No. 176-09 Adopting the
final Assessment Schedule for the Snow Removal Assessment – Right-of-Way Obstruction
Removal Assessment Project was adopted.
Snow and Ice Removal Assessments: City Manager recommending certification of snow
and ice removal charges to the Dubuque County Treasurer in order to establish real property
liens for collection of such charges. Upon motion the documents were received and filed and
Resolution No. 177-09 Adopting the Schedule of Assessments for snow and ice removal
charges specifying the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable, and directing
the Clerk to Certify the Schedule of Assessments to the County Treasurer and to publish
notice thereof; and Resolution No. 178-09 Authorizing the City to collect delinquent snow and
ice removal charges in accordance with Section 364.12.2.b of the State of Iowa Code; Section
41.86, Section 26-4.(b)(3) & Section 26-6.(b) of the Code of Ordinances of the City of
Dubuque, Iowa, were adopted.
Legislative Correspondence: City Manager submitting correspondence to Senator Tom
Harkin regarding the U.S. Corps of Engineers’ plan to further research the flexibility of installing
hydroelectric power generation equipment on the auxiliary lock at Lock and Dam #11 in
Dubuque and their partnership with Hydro Green Energy.
Communication from Mayor Roy Buol to Senator Tom Harkin urging support for full funding
of the Energy Efficiency and Conservation Block Grant (EECBG) program and letter of support
from the U.S. Conference of Mayors.
Upon motion the documents were received and filed.
Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for a first offense
alcohol compliance violation for Tony’s Place, Yen Ching Restaurant, Hi Ho Mongolian Grill,
and Bricktown Brewery, and the second offense alcohol compliance violation for The Lounge,
and it is further requested that the City Council accept and approve the first offense civil
penalty payment from Courtside Sports Bar & Grill, Phillips 66 (Arby’s), and AWN Stop Mart #2
when payment is received. Upon motion the documents were received, filed, and approved.
Tobacco Compliance – Civil Penalty for Tobacco License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for a second
offense tobacco compliance violation for Phillips 66 (Arby’s), and AWN Stop Mart #2, and the
first offense civil penalty violation for AWN Stop Mart. Upon motion the documents were
received, filed, and approved.
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Proudly Accessible Dubuque: Communication from Katrina Wilberding advising that the
Historic Federal Building is the newest Proudly Accessible Dubuque business. Upon motion
the document was received and filed.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager, announcing the
launching of additional channels on the digital broadcast basic lineup. Upon motion the
documents were received and filed.
Purchase of Property – 2655 Shiras Avenue: City Manager recommending acceptance of
the deed to property located at 2655 Shiras Avenue for the entrance to Eagle Point Park. Upon
motion the documents were received and filed and Resolution No. 179-09 Approving the
acquisition of real estate located at 2655 Shiras Avenue, Dubuque, Iowa, was adopted.
Authorized Depository Institutions: City Manager recommending approval of a depository
resolution for BBVA Compass, Irving, Texas, in relation to the deposits for dog and cat
licenses by PetData, Inc. Upon motion the documents were received and filed and Resolution
No. 180-09 Naming Depositories was adopted.
Eco-Transit TIGGER Grant Submission: City Manager recommending approval of the
submission of a $3,471,086 grant application for the Federal Transit Administration’s Transit
Investments for Greenhouse Gas and Energy Reduction (TIGGER) Program in partnership
with ECIA’s Regional Transit Authority. Upon motion the documents were received, filed, and
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. 181-09 Granting the issuance of one license to sell cigarettes and cigarette papers to
Walgreen Company; Resolution No. 182-09 Granting the issuance of a Class “C” Beer Permit
to Beecher Beverage; and Resolution No. 183-09 Granting the issuance of a Class “B” Liquor
License (Hotel/Motel) to Days Inn and Spirits; a Class “C” Beer/Liquor License to L. May and
Hi Ho Mongolian Grill; a Special Class “C” Liquor License to Monks Kaffee Pub; a Class
“WBN” (Native Wine) to Hancock House Bed and Breakfast; and a Special Class “C” Liquor
License (Four 5-Day Special Events) to Dubuque Jaycees were adopted.
Purchase of Service Agreement – Burlington Trailways: City Manager recommending
approval of a revised Purchase of Service Agreement with Burlington Trailways which extends
the length of the agreement from one year to five years. Upon motion the documents were
received, filed, and approved.
Diverse Dubuque: A Focus on National Origin: Press release advising that the locally
produced video entitled Diverse Dubuque: A Focus on National Origin has received the Iowa
Motion Picture Association Award of Excellence in the Corporate and Community Marketing
category at the Annual IMPA Awards Ceremony in Des Moines. 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 resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
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Seconded by Jones. Motion carried 6-0.
Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC: City Manager
recommending that a public hearing be set for June 15, 2009 to consider the issuance of not to
exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support a mixed use
redevelopment of the building at 40 Main Street by 40 Main, LLC. Upon motion the documents
were received and filed and Resolution No. 184-09 Fixing date for a meeting on the proposition
of the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes of
Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal
Building.
North Fork Catfish Creek Sanitary Sewer Project – Phase II: City Manager recommending
initiation of the public bidding process for the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project – Phase II and that a public hearing be set for June 15,
2009. Upon motion the documents were received and filed and Resolution No. 185-09
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 was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on June 15, 2009 in the Historic Federal Building.
Dubuque Industrial Center West – North Siegert Farm Phase III Project: City Manager
recommending initiation of the public bidding process for the Dubuque Industrial Center West –
North Siegert Farm Phase III Project and that a public hearing be set for June 15, 2009. Upon
motion the documents were received and filed and Resolution No. 186-09 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15,
2009 in the Historic Federal Building.
National Mississippi River Museum and Aquarium River Center Project – Phase II: City
Manager recommending initiation of the public bidding process for the National Mississippi
River Museum and Aquarium River Center Project – Phase II and that a public hearing be set
for June 15, 2009. Upon motion the documents were received and filed and Resolution No.
187-09 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 was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on June 15, 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:
Arts and Cultural Affairs Advisory Commission: Three 3-year terms through June 30, 2012
(Terms of Henkels, Steffen, Shafer; 1 at-large, 2 business/professionals of which one must live
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or work within the Cultural and Entertainment District). Applicants: Ellen Henkels, 890 W. 3
Street; Molly McDonough, 1787 Lawndale Street; Geri Shafer, 1207 Adeline Street; Julie
Steffen, 2260 Coates Street; Peggy Stover, 1145 Locust Street. Ms. Henkels, Ms. Shafer, and
Ms. Steffen spoke in support of their appointment.
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Building Code Appeals Board: Three 3-year terms: 1 at-large through August 1, 2011 (term
of Jahns; 2 newly formed ADA Representatives with terms determined by appointment date).
Applicants: Ryan Anglese, 2752 Carlton; Marla Cruise, 905 Rockdale Road. Mr. Anglese
spoke in support of his appointment(s).
Civic Center Commission: Two 3-year terms through June 29, 2012 (Terms of Fuller and
Parks). Applicants: Cynthia Fuller, 960 Prince Phillip Drive; Bryce Parks, 2005 N. Main Street
Historic Preservation Commission: Four 3-year terms through July 1, 2012 (3 at-large, 1
Cathedral Historic District resident or interim; Terms of Bichell, Lundh, Olson, Knight.
Applicants: Christen Happ Olson, 1090 Grove Terrace; Shayne Henry, 160 Devon Drive;
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Michael Knight, 942 Mt. Pleasant Street; Mary Loney Bichell, 595 W. 11 Street; Peggy
Stover, 1145 Locust Street. Ms. Olson and Ms. Stover spoke in support of their appointment.
Housing Code Appeals Board: One 3-year term through January 1, 2011 (Term of Moore).
Applicant: Ryan Anglese, 2752 Carlton Avenue.
Investment Oversight Advisory Commission: Two 3-year terms through July 1, 2012 (Terms
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of Lassance and Melendez). Applicants: Brad Chalmers, 1095 W. 3 Street; Paul Lassance,
4846 Embassy Court; Hiram Melendez, 1920 Shelby Street. Mr. Chalmers spoke in support of
his appointment.
Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2012 (Terms
of Darter and Stein). Applicants: Chad Darter, 2544 Matthew John Drive; Lou Oswald, 180
Nowata Street.
Park and Recreation Advisory Commission: One 3-year term through June 30, 2012 (Term
of Duggan). Applicants: Robert Blocker, 880 Kane Street; Charles Duggan, 2317 Beacon Hill
Drive; Shayne Henry, 160 Devon Drive; David Schlueter, 3645 Crescent Ridge. Mr. Blocker
spoke in support of his appointment.
TV Cable Regulatory Commission: One 3-year term through June 30, 2012 (Term of Ellis).
Applicant: Charlie Ellis, 373 S. Grandview Avenue.
TV Cable Community Tele-programming Commission: Three 3-year terms through June 30,
2012 (Terms of Tigges, Vincent, and McDonough). Applicants: Jennifer Tigges, 4927 Wild
Flower Drive; Alan Vincent, 1010 Dunham Drive.
Zoning Advisory Commission: Two 3-year terms through July 1, 2012 (Terms of Miller and
Hardie). Applicants: Ryan Anglese, 2752 Carlton Avenue; Stephen Hardie, 62 Fremont
Avenue; Charles Miller, 7010 Asbury Road; Ferd Nesler, 4125 Mt. Alpine Street. Mr. Miller
spoke in support of his appointment.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
PUBLIC HEARINGS
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Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13
Streets: Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract and estimated cost for the Green Alley Pilot Project – Alley between Jackson
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and White Streets from 11 to 13 Streets and City Manager recommending approval. Motion
by Jones to receive and file the documents and adopt Resolution No. 188-09 Approval of
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plans, specifications, form of contract, and estimated cost for the Green Alley Pilot Project (11
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– 13 between White and Jackson Streets); Resolution No. 189-09 With respect to the
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adoption of the Resolution of Necessity proposed for the Green Alley Pilot Project (11 – 13
between White and Jackson Streets); and Resolution No. 190-09 Approving Schedule of
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Assessment and estimate of total cost for the Green Alley Pilot Project (11 – 13 between
White and Jackson Streets). Seconded by Lynch. Annette Miller of 1241 Jackson Street, and
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Doris Frost of 1240 White Street asked if this project is confirmed to begin and what the time
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line is. City Engineer Gus Psihoyos stated that area between 11 and 13 is scheduled to
begin this summer be completed at the end of August. Motion carried 6-0..
Trolley Line Trail – Eagle Point Park Project: Proof of publication on notice of public hearing
to consider the plans, specifications, form of contract and estimated cost for the Trolley Line
Trail – Eagle Point Park Project and City Manager recommending approval. Motion by Jones
to receive and file the documents and adopt Resolution No. 191-09 Approval of plans,
specifications, form of contract, and estimated cost for the Eagle Point Trolley Line Trail
Project. Seconded by Voetberg. Motion carried 6-0.
North Fork Catfish Creek Sanitary Sewer Project – Phase I: Proof of publication on notice of
public hearing to consider the plans, specifications, form of contract, and estimated cost for the
North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I and
City Manager recommending approval. Motion by Lynch to receive and file the documents and
adopt Resolution No. 192-09 Approval of plans, specifications, form of contract, and estimated
cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project –
Phase I. Seconded by Braig. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Police Department Towing Contract: City Manager recommending award of the Fiscal Year
2010/2012 City of Dubuque Tow Contract to Wenzel Towing. Motion by Braig to receive and
file the documents and approve the recommendation. Seconded by Jones. Responding to
questions from the City Council, Acting Police Chief Terry Tobin provided a brief history and
explanation of the towing contract process. Motion carried 6-0.
Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius Solutions:
City Manager recommending approval to amend the $40,000 Urban Development Action Grant
(UDAG) Loan Agreement with Genuine Genius Solutions, LLC to allow a one year extension of
the repayment of the loan. Responding to questions from City Council, Economic Development
Director Dave Heiar stated that the City’s Finance Department monitors loan payments, the
firm is not currently required to provide financial statements, and the firm’s equipment is held
as the loan security. Motion by Jones to table to June 15, 2009. Seconded by Resnick. Motion
carried 5-1 with Lynch voting nay.
Municipal Housing Agency Governing Board: City Manager recommending approval of an
ordinance amending Chapter 15, Community Development of the City of Dubuque Code of
Ordinances dissolving the Municipal Housing Agency Governing Board. Motion by Lynch 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. Motion carried 6-0.
Motion by Lynch for final consideration and passage of Ordinance No. 26-09 Amending City
of Dubuque Code of Ordinances, Chapter 15, Community Development, by repealing Section
15-11 Municipal Housing Agency. Seconded by Braig. Motion carried 6-0
Pet Park: Request of City Council Member Ric Jones to schedule a worksession regarding
the community’s dog park. Motion by Jones to direct staff to schedule a work session to
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discuss future plans for a pet park and to include the Park and Recreation Commission, the
Humane Society and other stakeholders. Seconded by Braig. Motion failed 3-3 with Voetberg,
Connors and Lynch voting nay.
COUNCIL MEMBER REPORTS
Resnick reported that he had recently read that the Platteville, Wisconsin, pet park has been
successful and that regional residents are hoping Dubuque will resolve its pet park issue.
There being no further business, upon motion the City Council adjourned at 7:32 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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