Minutes_City Council 7 20 09 Regular Session
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on July 20, 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.
Invocation was provided by Pastor Jennifer Meyer of Rockdale-Center Grove Methodist
Church
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 6/2; City
Council of 7/6 and 7/9; Civil Service Commission of 6/10; Historic Preservation Commission of
6/18 (Regular Meeting and Worksession); Investment Oversight Advisory Commission of 4/22;
Zoning Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25
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Investment Oversight Commission’s 64 Quarterly Report
Proofs of publication of City Council Proceedings of June 15, 23, and 30, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Camille Blackburn for vehicle damage; Paula Hammerand for
personal injury; Marjorie Meyer for property 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: Katherine Dietzel for
vehicle damage; Marjorie Meyer for property damage; Camille Blackbourn for vehicle damage;
Paula Hammerand for personal injury. Upon motion the documents were received, filed and
concurred.
Agreement with Hillcrest Family Services: City Manager recommending approval of an
agreement with Hillcrest Family Services for the use of Murphy Park for a holiday light display.
Upon motion the documents were received, filed, and approved.
Purchase of Property – 502 / 504 Rhomberg Avenue: City Manager recommending
approval to purchase a residential dwelling located at 502/ 504 Rhomberg Avenue as part of
the acquisition program associated with the Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed and Resolution No. 238-09 Approving the
acquisition of real estate located at 502 / 504 Rhomberg Avenue in the City of Dubuque was
adopted.
Citizen Communication: Communication from Patricia Haas urging the City to adopt the
Proposed Ordinance Section 5-2.1 regarding conditional uses for R-1 Dwellings, in particular
Accessory Dwelling Units. Upon motion the document was received and filed.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development advising that the Homelessness Prevention
and Rapid Re-Housing Program Substantial Amendment to the City’s Consolidated Plan 2008
Action Plan had been approved for funding. Upon motion the documents were received and
filed.
Iowa Great Places Grant: City Manager recommending approval of the submittal of the Iowa
Great Places grant application for the following projects: Streetscape and Public Space
Improvements in the Historic Millworking District; National Mississippi River Museum and
Aquarium Great River Center Phase II; and Installation of Windows in the Carnegie-Stout
Library Renovation. Upon motion the documents were received, filed, and approved.
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 $4,200 for a portable digital recorder for recording of School Board meetings and other
events. Upon motion the documents were received, filed, and approved.
Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project: City Manager
recommending that the that the original contract offer awarded to K & W Coating, LLC of
Elkader, Iowa in the amount of $35,000 for the Eagle Point Water Plant West Clear Well Phase
II Pipe Coating Project be rescinded and a new contract be awarded to the second low bidder,
Superior Painting & Epoxy Coating, LLC of Urbandale, Iowa in the amount of $36,256. Upon
motion the documents were received and filed and Resolution No. 239-09 Rescinding
Resolution No. 142-09 Awarding the Public Improvement Contract for the Eagle Point Water
Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to K & W Coating,
LLC; and Resolution No. 240-09 Awarding the public improvement contract for the Eagle Point
Water Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to Superior
Painting & Epoxy Coating, LLC, were adopted.
Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements - Project, Phase II:
City Manager recommending award of the public improvement contract for the Pennsylvania
Avenue from IA 32 to Vizaleea Drive Safety Improvements Project to McDermott Excavating in
the amount of $310,221.51. Upon motion the documents were received and filed and
Resolution No. 241-09 Awarding public improvement contract for the Pennsylvania Avenue
from IA 32 to Vizaleea Drive Safety Improvements Project was adopted.
Final Plat – Graf Farm: City Manager recommending approval of the final plat of Graf Farm
Subdivision in Dubuque County, Iowa. Upon motion the documents were received and filed
and Resolution No. 242-09 Rescinding Resolution No. 362-08 and approving the final plat of
Graf Farms in Dubuque County, Iowa, was adopted.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Fire Equipment Operator. Upon motion the documents were received and filed and
made a Matter of Record.
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Community Development Block Grant (CDBG) Fiscal Year 2010 Annual Action Plan
Amendment #1: City Manager recommending approval of the first amendment to the Fiscal
Year 2010 Annual Action Plan. Upon motion the documents were received and filed and
Resolution No. 243-09 Approving Amendment #1 to the Fiscal Year 2010 (Program Year
2009) Annual Action Plan for Community Development Block Grant Funds was adopted.
2009 Justice Assistance Grant (JAG): City Manager recommending acceptance of the 2009
Justice Assistance Grant (JAG) in the amount of $360,320. Upon motion the documents were
received, filed, and approved.
Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreement for a first offense
alcohol compliance violation for Lot One. Upon motion the documents were received, filed, and
approved.
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and storm water
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 244-09 Adopting the Schedule of Assessments for
delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to
certify the schedule of assessments to the County Treasurer and to publish notice thereof was
adopted.
Port of Dubuque Riverfront Marina Project: Communication from Brian J. Kane, representing
Port of Dubuque Brewery Development, LLC, advising that his client strongly prefers that the
docks be constructed in front of (or to the east of) the brewery building.
City Manager’s response to Brian J. Kane.
Upon motion the documents were received and filed.
Midwest High Speed Rail Association: City Manager recommending that the City join the
Midwest High Speed Rail Association (MHSRA), a membership-based, non-profit organization
advocating the development of fast, frequent and dependable passenger trains, at the $500
patron level. Upon motion the documents were received, filed, and approved.
Liquor License Transfer: Request of the Rotary Club to transfer their liquor license to the
Alliant Energy Outdoor Amphitheater on August 29, 2009 for the Irish Hooley event. Upon
motion the documents were received, filed, and approved.
Liquor / Tobacco Applications: City Manager recommending approval of annual liquor
license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 245-09 Granting the issuance of one new license to sell cigarettes to C & M
Chains and Things; Resolution No. 246-09 Granting the issuance of five renewal licenses to
sell cigarettes to Awn Stop Mart, Dubuque Mining Company, Hammerheads Bar, Oky-Doky
#14 and Pioneer’s Rest Area; Resolution No. 247-09 Granting the issuance of a Class “B”
Beer Permit to Monkey Business Family Fun; and a Class “C” Beer Permit to Road Ranger
#161, Road Ranger #160, Road Ranger #159, Oky Doky #6, Kwik Stop Food Mart, Oky Doky
#14 and Kwik Star #495; and Resolution No. 248-09 Granting the issuance of a Class “C”
Beer/Liquor License to Walnut Tap; Special Class “C” Liquor License to Bell Tower
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Productions; Class “B” Wine Permit to Basket Expressions and Oky Doky #6; and a Class
“WBN” Native Wine Permit to Kwik Star #495 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 Braig. Motion carried 7-0.
Slattery Center Lease – Dubuque Montessori School: City Manager recommending that a
public hearing be set for August 3, 2009 to consider leasing the Slattery Center in Flora Park to
Montessori School. Upon motion the documents were received and filed and Resolution No.
249-09 Resolution of Intent to dispose of real property by lease agreement with Dubuque
Montessori School was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 3, 2009 in the Historic Federal Building.
Fire Station No. 4 – Door Replacement Project: City Manager recommending initiation of the
public bidding process for the Fire Station No. 4 – Door Replacement Project and that a public
hearing be set for August 3, 2009. Upon motion the documents were received and filed and
Resolution No. 250-09 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 Fire Station No. 4 – Door
Replacement Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 3, 2009 in the Historic Federal Building.
Garfield Retaining Wall Repair Project: City Manager recommending initiation of the public
bidding process for the Garfield Retaining Wall Repair Project and that a public hearing be set
for August 3, 2009. Upon motion the documents were received and filed and Resolution No.
251-09 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 Garfield Retaining Wall Repair Project was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2009 in
the Historic Federal Building.
Historic Shot Tower Rehabilitation Project: City Manager recommending initiation of the
public bidding process for the Historic Shot Tower Rehabilitation Project and that a public
hearing be set for August 3, 2009. Upon motion the documents were received and filed and
Resolution No. 252-09 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 Historic Shot Tower
Rehabilitation Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 3, 2009 in the Historic Federal Building.
Storm Water Utility Revenue Capital Loan Notes: City Manager recommending that a public
hearing be set for September 8, 2009 to consider the issuance of not to exceed $1,000,000
Storm Water Utility Revenue Capital Loan Notes. Upon motion the documents were received
and filed and Resolution No. 253-09 Fixing date for a meeting on the authorization of a Loan
and Disbursement Agreement and the issuance of not to exceed $1,000,000 Storm Water
Utility Revenue Capital Loan Notes of Dubuque, Iowa and directing publication of notice
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thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
September 8, 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:
Civil Service Commission: One 4-year term through April 6, 2012 (Term of Krueger).
Applicants: Tom Rawson, 2310 Knob Hill Drive; John Stevens, 2215 Graham Circle; Elizabeth
Takes, 1245 Dunleith Court. Mr. Rawson and Ms. Takes spoke in support of their appointment.
Transit Board of Trustees: One 3-year term through July 30, 2012 (Term of Stedman).
Applicants: Thomas Croissant, 444 Angella Street, #8; Matthew Esser, 90 Main Street, #201.
Appointments to the following Boards/Commissions:
Building Code Board of Appeals: Two 3-year terms through August 1, 2012 (Terms of Carr
and Luchsinger) At-large and General Contractor requirements. Applicants: Richard
Luchsinger, 2875 Brueck Road (At-Large Reappointment); Chuck Carr, 1705 Kathy Drive
(General Contractor Reappointment). Motion by Braig to appoint Richard Luchsinger and
Chuck Carr to the Building Code Board of Appeals for 3-year terms through August 1, 2012,
for the At-Large and General Contractor requirements respectively. Seconded by Connors.
Motion carried 7-0.
Library Board of Trustees: Three 4-year terms referenced with expiration dates contingent
upon the recently adopted ordinance which re-staggers terms: 2 terms through July 1, 2010;
and 1 term through July 1, 2013 (Terms of Guns, Kolz, and Willis). Applicants: Diann Guns,
1715 Diane Court (Seeking reappointment through July 1, 2010); Beverly Kolz, 2206 Simpson
Street (Seeking reappointment through July 1, 2010); Gail Murphy, 3096 Oak View Court
(First-time applicant); Lorri Regan, 2659 Queen Street (First-time applicant); Mike Willis, 1365
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West 5 Street (Seeking reappointment through July 1, 2013). Upon Council concurrence,
Mayor Buol appointed Diann Guns and Beverly Kolz to newly staggered, 4-year terms through
July 1, 2010, and Mike Willis to a 4-year term through July 1, 2013.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
PUBLIC HEARINGS
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
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 Jones to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Lynch. Motion carried 7-0. Planning Services Manager Laura Carstens provided a staff report.
Motion by Jones for final consideration and passage of Ordinance No. 36-09 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
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District with a PR Planned Residential District designation and adopting a conceptual
development plan. Seconded by Braig. Motion carried 7-0.
Water Revenue Capital Loan Notes: Proof of publication on notice of public hearing to
consider the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes and
City Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 254-09 Instituting proceedings to take additional action for the
authorization of a loan and disbursement agreement and the issuance of not to exceed
$8,000,000 Water Revenue Capital Loan Notes. Seconded by Lynch. Motion carried 7-0.
Iowa 32 Hike / Bike Trail Phase 2 Project: Proof of publication on notice of public hearing to
consider the plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike /
Bike Trail Phase 2 Project and City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 255-09 Approving plans,
specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2
Project. Seconded by Braig. Motion carried 7-0.
Trail Project at Bergfeld Recreation Area: Proof of publication on notice of public hearing to
consider the plans, specifications, form of contract and estimated cost for the Trail Project at
Bergfeld Recreation Area and City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 256-09 Approving plans,
specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation
Area. Seconded by Connors. Motion carried 7-0.
E.B. Lyons Nature Center Addition Project: Proof of publication on notice of public hearing
to consider the plans, specifications, form of contract and estimated cost for the E.B. Lyons
Nature Center Addition Project and City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 257-09 Approving plans,
specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition
Project. Seconded by Voetberg. Motion carried 7-0.
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Locust Street Resurfacing – 9 to 17 Streets Project: Proof of publication on notice of
public hearing to consider the plans, specifications, form of contract and estimated cost for the
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Locust Street Resurfacing – 9 to 17 Streets Project and City Manager recommending
approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 258-09
Approval of plans, specifications, form of contract, and estimated cost for the locust Street
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Asphalt Resurfacing Project (9 street to 17 street), Iowa DOT Project no. STP-U-2100 (641)-
-70-31. Seconded by braig. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council – Open Meetings: Request of June E. Strueber to
address the City Council regarding the open meetings law. June Strueber, 2086 Katrina Circle
addressed the City Council regarding what she believed to be violations of the Open Meetings
Law on the part of her Home Owners Association Board. Ms. Strueber was informed that the
City Council has no jurisdiction over this association and that the Open Meetings Law applies
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only to governmental bodies. Motion by Connors to receive and file the documents. Seconded
by Braig. Motion carried 7-0.
Request to Address the City Council – Dog Park: Request of Toni Kretschmer to address
the City Council regarding the dog park. Toni Kretschmer, 255 York Street, requested that the
City Council keep the current dog park open in addition to opening other locations. Julie
Lindecker, 435 English Lane, stated that she believed most big cities have more than one dog
park and that only a few people are making the complaints. Motion by Jones to receive and file
the documents. Seconded by Resnick. Motion carried 7-0.
Dubuque County Historical Society: Request of Jerry Enzler, National Mississippi River
Museum and Aquarium, to address the City Council regarding a Resolution of Support for the
Historical Society’s application to the Vision Iowa’s River Enhancement Community Attraction
and Tourism Program (RECAT). Dubuque County Historical Society Executive Director Jerry
Enzler, 531 W. Heller, East Dubuque, spoke in support of the proposed resolution.
City Manager recommending approval of the Resolution of Support for the Historical
Society’s application to the Vision Iowa’s River Enhancement Community Attraction and
Tourism Program (RECAT).
Motion by Connors to receive and file the documents and adopt Resolution No. 259-09
Resolution of Support (Endorsing Application). Seconded by Resnick. Motion carried 7-0.
Fiscal Year 2010 Dubuque County REAP Plan: City Manager recommending approval of
the City of Dubuque’s update of the Fiscal Year 2010 Dubuque County REAP Plan, submittal
of the Fiscal Year 2010 REAP grant application for installation of the Iowa 32 Bike / Hike Trail
– Phase 3 Project and appointment of a City Council representative (currently Council Member
Joyce Connors) to the REAP Committee. Motion by Jones to receive and file the documents
and appoint Joyce Connors as the City Council representative. Seconded by Voetberg. Motion
carried 7-0.
Restriction of All-Terrain Vehicles (ATV) Use: City Manager recommending that the use of
ATVs be restricted to private property of not less than one acre in size, and only between
sunrise and sunset, and only with the written permission of the property owner if the property
owner is not the owner of the ATV. A proposed ordinance amending Chapter 32 (Motor
Vehicles and Traffic) of the City of Dubuque Code of Ordinances by amending Section 32.4
All-Terrain Vehicles to prohibit use of all-terrain vehicles on property less than one acre was
removed from the agenda.
Dubuque Sister City Relationship: City Manager recommending that the City Council solicit
two City Council Member volunteers to recruit members for a public/private partnership Sister
City Committee and then agree to serve on that committee. Motion by Connors to receive and
file the documents and appoint Council Members Voetberg and Lynch. Seconded by Voetberg.
Connors stated that she was much in favor of the program. Motion carried 7-0.
PUBLIC INPUT
Ann Michalski, 1520 Altura Street, stated that she was very concerned about the City
Council approving millions of dollars in bond sales without any questions asked from Council
members or citizens and that it was a matter of civic responsibility.
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Charles Harris, 2473 Jackson Street, inquired as to how much revenue the City receives
from pet licensing and where it is spent in relationship to the ongoing maintenance of the dog
park. Mr. Harris also commented on hearing noise from Comiskey Park as compared to noise
from a dog park.
CLOSED SESSION
Motion by Jones to go into close session at 7:50 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) 2009 Code of Iowa. Seconded by Braig.
Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:09 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:10 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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