Minutes City Council Proceedings 6 15 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on June 15, 2009 in the
Historic Federal Building.
Present: Mayor Pro-Tem Connors, Council Members Braig, Jones, Lynch, Resnick,
Voetberg, City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Roy D. Buol
Pledge of Allegiance
Invocation was provided by Deacon David McGhee of the Church of the Nativity
PROCLAMATIONS
Colts Drum and Bugle Corps (June 30 and July 31, 2009) was accepted by Colts Youth
Program Director Vicky Schaffer, 2685 Broadway Street; Monarch Moments Month (July,
2009) was accepted by Sue Frank, 2937 Burlington 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 6-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/5; City
Council of 6/1 and 6/8; Civil Service Commission of 5/14 and 5/15; Community Development
Advisory Commission of 4/22; Environmental Stewardship Advisory Commission of 5/5;
Historic Preservation Commission of 5/21; Housing Commission Trust Fund Committee of
9/29/08; Human Rights Commission of 3/9 and 4/30; Park and Recreation Commission of
5/12; Zoning Advisory Commission of 6/3; Zoning Board of Adjustment of 5/28
Proofs of publication of City Council Proceedings of May 18 and May 27, 2009 and List of
Claims and Summary of Revenues for Month Ended April 30, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: The Durrant Group / Gary Bechtel for vehicle damage; James J.
Butcher for vehicle damage; Sue Craven for vehicle damage. Upon motion the documents
were received and filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Richard Rokusek for
property damage; Allied Property and Casualty Insurance for vehicle damage; The Durrant
Group / Gary Bechtel for vehicle damage; John Butcher for vehicle damage. Upon motion the
documents were received and filed and concurred.
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Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13
Streets: City Manager recommending award of the contract for the Green Alley Pilot Project –
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Alley between Jackson and White Streets from 11 to 13 Streets to Portzen Construction,
Inc. in the amount of $215,274.25. Upon motion the documents were received and filed and
Resolution No. 193-09 Awarding public improvement contract for the Green Alley Pilot Project
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(11 – 13 between White and Jackson Streets) was adopted.
Trolley Line Trail – Eagle Point Park Project: City Manager recommending award of the
contract for the Trolley Line Trail – Eagle Point Park Project to Portzen Construction, Inc. in the
amount of $202,216.00. Upon motion the documents were received and filed and Resolution
No. 194-09 Awarding public improvement contract for the Eagle Point Trolley Line Trail Project
was adopted.
North Fork Catfish Creek Sanitary Sewer Project – Phase I: City Manager recommending
award of the contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer
Improvements Project – Phase I to Anstoetter Construction Co. in the amount of $781,801.00.
Upon motion the documents were received and filed and Resolution No. 195-09 Awarding
public improvement contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer
Improvements Project – Phase I was adopted.
Roosevelt Park Master Plan Consultant Selection: City Manager recommending approval of
the selection of Confluence as the consultant to develop the Roosevelt Park Master Plan.
Upon motion the documents were received, filed, and approved.
Quince Street Underground Utility Reconstruction Project: City Manager recommending
acceptance of the Quince Street Underground Utility Reconstruction Project as completed by
Top Grade Excavating, Inc. of Dubuque, Iowa, in the final contract amount of $102,573.17 and
establishment of the Final Schedule of Assessments. Upon motion the documents were
received and filed and Resolution No. 196-09 Accepting the Quince Street Underground Utility
Reconstruction Project and authorizing payment to the contractor and Resolution No. 197-09
Adopting the final assessment schedule for the Quince Street Underground Utility
Reconstruction Project were adopted.
Historic Preservation Commission Advisory Design Review – Library Entry Plaza: Historic
Preservation Commission recommending approval of the Library Entry Plaza as presented
with broom finished colored concrete paving compatible with the colors of the approved Library
sidewalk pattern. Upon motion the documents were received, filed, and approved.
2009 Justice Assistance Grant (JAG) Application: City Manager recommending approval of
the 2009 Justice Assistance Grant (JAG) application. Upon motion the documents were
received, filed, and approved.
Iowa Power Fund Application for Smart Water Meter Replacement Program: City Manager
recommending approval of the submittal of a $2,000,000 Iowa Power Fund grant application to
implement the Smart Water Meter Replacement Program. Upon motion the documents were
received, filed, and approved.
Fiscal Year 2010 Arts and Culture Funding Program: Arts and Culture Affairs Advisory
Commission recommending approval of twelve Fiscal Year 2010 Arts and Culture Operating
Support funding requests and authorization for the City Manager to sign the funding
agreements. Upon motion the documents were received, filed, and approved.
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Fiscal Year 2010 Special Projects Arts and Culture Grants: Arts and Cultural Affairs
Advisory Commission recommending approval of the Fiscal Year 2010 Arts and Culture Grants
for Special Projects and authorization for the City Manager to sign the grant agreements. Upon
motion the documents were received, filed, and approved.
Eide Bailly Audit Agreement: City Manager advising that the Eide Bailly Audit Engagement
Letter has been signed for the Fiscal Year ending June 30, 2009. Upon motion the documents
were received and filed.
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 for up
to $40,000 for the necessary equipment to offer a free high school video production program at
the Dubuque Art Center. Upon motion the documents were received, filed, and approved.
Bank Transfers – Dubuque Metropolitan Area Solid Waste Agency: City Manager
recommending approval for certain Finance Department employees to obtain information and
make transfers between City of Dubuque / Dubuque Metropolitan Area Solid Waste Agency
bank accounts. Upon motion the documents were received and filed and Resolution No. 198-
09 Authorizing certain City of Dubuque Finance Department employees to obtain bank account
information and make transfers between City of Dubuque bank accounts within a banking
institution was adopted.
Water Meter Change-Out Project Consultant: City Manager recommending approval of the
selection of HDR Engineering as the City’s consultant for the construction and procurement of
the Water Meter Change-Out Project. Upon motion the documents were received, filed, and
approved.
Dubuque Humane Society: Communication from Jane McCall, Dubuque Humane Society,
withdrawing their dog park proposal. Upon motion the document was received and filed.
Keyline Transit Bus Procurement: City Manager recommending approval to proceed with
the procurement of two heavy duty buses and one light duty bus with economic stimulus
funding. Upon motion the documents were received, filed, and approved.
Port of Dubuque Adams Development, LLC – Durrant Project: City Manager recommending
approval of the Partial Assignment of Development Agreement and Collateral Assignment of
Development Agreement for the Port of Dubuque Adams Development, LLC – Durrant Project
to Stonekey Properties, LLC. Upon motion the documents were received, filed, and approved.
Roshek Building / IBM Redevelopment Project: City Manager recommending approval of a
revised Notice and Consent Agreement by and among the City, Dubuque Bank and Trust,
Dubuque Initiatives and Roshek Building Investment Fund, LLC, an entity that is being created
as part of the tax credit transactions involving the Roshek Building / IBM Redevelopment
Project. Upon motion the documents were received and filed and Resolution No. 199-09
Approving and authorizing execution of a revised Form of Notice and Consent Agreement by
and among the City of Dubuque, Iowa, Dubuque Bank & Trust Company, Dubuque Initiatives,
and Roshek Building Investment Fund, LLC, was adopted.
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Liquor License Transfer: Request of the American Legion Post #6 to transfer their liquor
license to Nativity Church on July 2, 2009. Upon motion the documents were received, filed,
and approved.
Liquor / Tobacco License Applications: City Manager recommending approval of annual
liquor license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 200-09 Granting the issuance of twenty-eight renewal licenses to sell cigarettes
and cigarette papers; Resolution No. 201-09 Granting the issuance of a Class “B” Beer Permit
to the Colts Community Center and a Class “C” Beer Permit to Walgreens #6154, Walgreens
#9708 and Walgreens #11942; and Resolution No. 202-09 Granting the issuance of a Class
“C” Beer/Liquor License to Los Aztecas III Mexican Restaurant, Creslanes Bowling, Dubuque
Bowling Lanes, American Legion #6 and Applebee’s Grill and Bar; and a Special Class “C”
Liquor License to the Rotary Club 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 6-0.
Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II:
City Manager recommending initiation of the public bidding process for the Pennsylvania
Avenue from IA 32 to Vizaleea Drive Safety Improvements Project and that a public hearing be
set for July 6, 2009. Upon motion the documents were received and filed and Resolution No.
203-09 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 Pennsylvania Avenue from IA 32 to Vizaleea
Drive Safety Improvements Project was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on July 6, 2009 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to 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 or work within the Cultural and Entertainment District). Applicants: Ellen Henkels, 890 W.
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3 Street (qualifies for at-large or business professional); Molly McDonough, 1787 Lawndale
Street (qualifies for at-large or business professional); Geri Shafer, 1207 Adeline Street
(qualifies for at-large or business professional); Julie Steffen, 2260 Coates Street (qualifies for
at-large or business professional within district); Peggy Stover, 1145 Locust Street (qualifies
for at-large or business professional within district)
Upon roll call vote, Ellen Henkels and Geri Shafer were re-appointed to at-large terms on
the Arts and Cultural Affairs Advisory Commission through June 30, 2012, and Julie Steffen
was re-appointed to the business professional (working within the Entertainment/Cultural
District) term through June 30, 2012.
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 (ADA
representative). Motion by Lynch to appoint Ryan Anglese to a 3-year term through August 1,
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2011, and Marla Cruise to a 3-year term as the ADA representative through August 1, 2012.
Seconded by Braig. Motion carried 4-2 with Resnick and Voetberg voting nay.
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.
Motion by Jones to re-appoint Cynthia Fuller and Bryce Parks to 3-year terms through June
29, 2012. Seconded by Braig. Motion carried 6-0.
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/
current
). Applicants: Christen Happ Olson, 1090 Grove Terrace (qualifies for at-large or interim)
interim
Shayne Henry, 160 Devon Drive (qualifies for at-large or interim); Michael Knight, 942 Mt.
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Pleasant Street (qualifies for at-large or interim); Mary Loney Bichell, 595 W. 11 Street
(qualifies for at-large or interim); Peggy Stover, 1145 Locust Street (qualifies for at-large or
interim). Upon roll call vote, Christine Olson, Michael Knight, Mary Loney Bichel, and Peggy
Stover were appointed to 3-year terms through July 1, 2012. (Specific service areas will be
determined at the July 6, 2009 City Council meeting.)
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. Upon roll call vote Brad Chalmers
and Hiram Melendez were appointed to 3-year terms through July 1, 2012.
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. Motion by Jones to appoint Chad Darter to a 3-year term through July 1, 2012.
Seconded by Braig. Motion carried 6-0.
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. Upon roll call
vote Robert Blocker was appointed to a 3-year term through June 30, 2012.
TV Cable Regulatory Commission: One 3-year term through June 30, 2012 (Term of Ellis).
Applicant: Charlie Ellis, 373 S. Grandview Avenue. Motion by Jones to appoint Charlie Ellis to
a 3-year term through June 30, 2012. Seconded by Braig. Motion carried 6-0.
TV Cable Community Teleprogramming 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 Motion by Braig to appoint Jennifer Tigges
and Alan Vincent to 3-year terms through June 30, 2012. Seconded by Lynch. Motion carried
6-0.
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. Upon roll call
vote Stephen Hardie and Charles Miller were re-appointed to 3-year terms through July 1,
2012.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone – University Avenue between Ethel and Prysi Streets: Proof of
publication on notice of public hearing to consider a request from Tom Kluck to rezone
property located north of the University Avenue and Ethel Street intersection from OR Office
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Residential District to PUD Planned Unit Development District with a PR Planned Residential
District designation and adopting a conceptual development plan and Zoning Advisory
Commission recommending approval. 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. Planning Services Manager Laura Carstens provided a staff report.
Mike Ruden, IIW Engineers and Surveyors, 3256 Arrowwood Lane, reviewed the site plan.
Motion by Lynch for final consideration and passage of Ordinance No. 27-09 Amending
Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located north of the University Avenue and Ethel
Street intersection from OR Office Residential District to PUD Planned Unit Development
District with a PR Planned Residential District designation and adopting a conceptual
development plan. Seconded by Braig. Motion carried 6-0.
Request to Rezone – Key Way Drive: Proof of publication on notice of public hearing to
consider a request from Steve Boge / Clark and Linda Wolff to rezone property located east of
Keyway Drive from C-3 General Commercial District to PUD Planned Unit Development
District with a PR Planned Residential District designation and adopting a conceptual
development plan 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 Braig. Motion carried 6-0. Planning Services
Manager Laura Carstens provided a staff report. Steve Boge, 2802 Katrina Circle, spoke in
support of the proposed ordinance.
Motion by Jones for final consideration and passage of Ordinance No. 28-09 Amending
Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located east of Keyway Drive from C-3 General
Commercial District to PUD Planned Unit Development District with a PR Planned Residential
District designation and adopting a conceptual development plan. Seconded by Lynch. Motion
carried 6-0.
Text Amendment – Dubuque Initiatives: Proof of publication on notice of public hearing to
consider a request from Jeff Morton / Dubuque Initiatives to amend Section 4-3.11 Sign
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Regulations to place a freestanding sign along the 7 Street frontage in a C-5 Central
Business District 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 Braig. Motion carried 6-0. Planning Services
Manager Laura Carstens provided a staff report. Architect Jeff Morton, 206 Bluff Street, spoke
in support of the proposed ordinance.
Motion by Jones for final consideration and passage of Ordinance No. 29-09 Amending
Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing
Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District and
adopting Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District in
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lieu thereof, pertaining to the addition of freestanding identification signs along 7 Street from
Locust Street to the alley. Seconded by Braig. Motion carried 6-0.
Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC: Proof of publication on
notice of public hearing to consider the issuance of not to exceed $700,000 in Urban Renewal
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Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40
Main Street by 40 Main, LLC and City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 204-09 Instituting proceedings to
take additional action for the issuance of not to exceed $700,000 Urban Renewal Tax
Increment Revenue Notes. Seconded by Resnick. Motion carried 6-0.
North Fork Catfish Creek Sanitary Sewer Project – Phase II: Proof of publication on notice
of public hearing to consider approval of the plans, specifications, form of contract and
estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements
Project – Phase II and City Manager recommending approval. Motion by Braig to receive and
file the documents and adopt Resolution No. 205-09 Approving plans, specifications, form of
contract, and estimated cost for the North Fork Catfish Creek Sanitary Sewer Project – Phase
II. Seconded by Jones. Motion carried 6-0.
Dubuque Industrial Center West – North Siegert Farm Phase III Project: Proof of publication
on notice of public hearing to consider approval of the plans, specifications, form of contract
and estimated cost for the Dubuque Industrial Center West – North Siegert Farm Phase III
Project and City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 206-09 Approving plans, specifications, form of contract,
and estimated cost for the Dubuque Industrial Center West – North Siegert Farm Phase III
Project. Seconded by Braig. Motion carried 6-0.
National Mississippi River Museum and Aquarium River Center Project – Phase II: Proof of
publication on notice of public hearing to consider approval of the plans, specifications, form of
contract and estimated cost for the National Mississippi River Museum and Aquarium River
Center Project – Phase II and City Manager recommending approval. Motion by Braig to
receive and file the documents and adopt Resolution No. 207-09 Approving plans,
specifications, form of contract, and estimated cost for the National Mississippi River Museum
and Aquarium River Center Project – Phase II. Seconded by Voetberg. Dubuque County
Historical Society Executive Director Jerry Enzler, 531 W. Heller, East Dubuque, thanked the
City Council for their partnership on this project. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Main Street Quarterly Report: Dubuque Main Street Director Dan LoBianco, 3533
West Way Drive, presented a slide presentation on the quarterly activities of Dubuque Main
Street. Motion by Braig to receive and file the documents. Seconded by Voetberg. Motion
carried 6-0.
Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius Solutions
(Tabled at meeting of June 1, 2009): 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. Motion by Braig to
remove from the table. Seconded by Jones. Motion carried 6-0. Jones thanked Genuine
Genius Solutions CEO Robert W. Daniels, 2983 Pennsylvania Avenue, for being in
attendance. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Resnick. Motion carried 6-0.
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Downtown Design Guidelines: City Manager recommending approval of an incentive-based
implementation strategy for the Downtown Design Guidelines similar to the current review
process for private and public improvements in the Greater Downtown Urban Renewal District
and adoption of the Downtown Design Guidelines. Motion by Resnick to receive and file the
documents and approve the recommendation. Seconded by Voetberg. Planning Services
Laura Carstens presented a slide presentation overview of the Downtown Design Guidelines.
Responding to a question from City Council, Carstens stated that the Historic Preservation
Commission would make recommendations on substantial changes and the guidelines would
be included in RFP and bid documents. Motion carried 6-0.
Port of Dubuque Public Parking Facility Agreement: City Manager recommending approval
of the Port of the Dubuque Public Parking Facility Private Parking Agreement between the City
of Dubuque and Diamond Jo, LLC. Motion by Jones to receive and file the documents and
approve the recommendation. Seconded by Voetberg. Motion carried 6-0.
Parking Ramp Architect / Engineer Contract Award: City Manager recommending award of
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the design contract for the parking ramp at 5 and Bluff and the parking ramp at 10 and
Central to Desman Associates in the amount of $950,000. Motion by Lynch to receive and file
the documents and adopt Resolution No. 208-09 Awarding contract. Seconded by Jones.
Motion carried 6-0.
Chapter 44 – Code of Ordinances Amendment: City Manager recommending approval of
amendments to the Code of Ordinances related to the water meter change out program.
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. 30-09 Amending the
City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section
44-164 Interference with Shutoff; Ordinance No. 31-09 Amending the City Code of Ordinances
Chapter 44 Utilities, Article III Water, Division 3 Meters, Section 44-183 Location, Method of
Installation; Ordinance No. 32-09 Amending the City Code of Ordinances Chapter 44 Utilities,
Article III Water, Division 3, Meters, Section 44-184 Remote Readers; Ordinance No. 33-09
Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2
Connections, Section 44-153 Service Connections to be Installed by City or Duly Licensed
Plumbers. Seconded by Braig. Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 7:57 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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