Minutes_City Council Proceedings 8 3 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on August 3, 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 Deacon Dave Brinkmoeller, Holy Spirit Pastorate
PROCLAMATIONS
United Way Campaign Time was accepted by United Way Campaign Co-Chair Tom Giese,
395 Villa Street.
Iowa Private College Week (August 3 – 8, 2009) was accepted by Sue Czeshinski. Director
of Communication, Loras College, 1450 Alta Vista; Mike Cyze, Executive Director of
Communication, Clarke College, 1550 Clarke Drive; and Kristi Lynch, Public Relations
Director, University of Dubuque, 2000 University Avenue.
Responsible Gaming Education Week (August 3 – 7, 2009) was accepted by Carrie Tedore,
Diamond Jo Casino, 301 Bell Street, and Joey Anderson, Mystique Casino, 1855 Greyhound
Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated with (#5) Pine Knoll Subdivision being pulled from the agenda. Seconded by Braig.
Braig requested (#3) Homelessness Prevention and Rapid Re-Housing Program be held for
separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 7/20; Housing Commission of 6/23; Human
Rights Commission of 6/8; Investment Oversight Advisory Commission of 7/22
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Investment Oversight Advisory Commission 65 Quarterly Report
Proofs of publication of City Council Proceedings of July 6, 2009 (Special Session and
Regular Meeting) and List of Claims and Summary of Revenues for Month Ended June 30,
2009
Substance Abuse Services Center Fourth Quarter Report
Upon motion the documents were received and filed.
Notice of Claims/Suits: James Lee Wolfe for vehicle damage. Upon motion the documents
were received, filed and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: James Wolfe for
vehicle damage. Upon motion the documents were received, filed, and concurred.
Homelessness Prevention and Rapid Re-Housing Program: City Manager recommending
approval of a Homelessness Prevention and Rapid Re-Housing Program (HPRP) grant
agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount
of $502,294. Motion by Braig to receive and file the documents and adopt Resolution No. 260-
09 Authorizing execution of a Homelessness Prevention and Rapid Re-Housing Program grant
agreement with the U.S. Department of Housing and Urban Development. Seconded by
Jones. A portion of the City Manager’s memo was presented and read by Braig. Motion carried
7-0.
Office of the City Assessor: Communication from Richard A. Engelken, City Assessor,
advising that four Notice of Appeal and Petition forms have been filed with the Property
Assessment Appeal Board. Upon motion the documents were received and filed.
Pine Knoll Condominiums: This item was removed from the agenda.
Dubuque Community School District: City Manager recommending acceptance of the
warranty deed, the acquisition plat and easements from the Dubuque Community School
District for traffic signal improvements on Pennsylvania Avenue. Upon motion the documents
were received and filed and Resolution No. 261-09 Approving Acquisition Plat of Lot A of Lot 2
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of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5 P.M. in the City of Dubuque,
Dubuque County, Iowa; Resolution No. 262-09 Accepting a conveyance of property of Lot A of
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Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5 P.M. in the City of
Dubuque, Dubuque County, Iowa; Resolution No. 263-09 Accepting the grant of an easement
for underground electric, fiber optic cable, traffic signals and other appurtenances through,
under and across a part of Lot 1 of Lot 1 of Lot 2 of the E ½ of the SW ¼ of Section 21, T89N,
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R2E, 5 P.M. in the City of Dubuque; and Resolution No. 264-09 Accepting the grant of an
easement for underground electric, fiber optic cable, traffic signals and other appurtenances
through, under and across a part of Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N,
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R2E, 5 P.M. in the City of Dubuque were adopted.
Kephart Building Improvements – Selective Demolition Project: City Manager
recommending acceptance of the construction contract for the Kephart Building Improvements
– Selective Demolition Project. Upon motion the documents were received and filed and
Resolution No. 265-09 Accepting the Kephart Building Improvements – Selective Demolition
Project and authorizing the payment of the contract amount to the contractor was adopted.
DuRide Contract: City Manager recommending approval of an agreement with DuRide to
provide alternative transportation to senior citizens for Fiscal Year 2010. Upon motion the
documents were received, filed, and approved.
Housing Enterprise Zone Agreement – Sustainable Neighborhood Builders, Inc.: City
Manager recommending approval of the proposed Housing Enterprise Zone Program
Agreement by and between the Iowa Department of Economic Development (IDED), City of
Dubuque and Sustainable Neighborhood Builders, Inc. for redevelopment of the historic
millwork building located at 1079 Elm Street. Upon motion the documents were received and
filed and Resolution No. 266-09 Approving a Housing Enterprise Zone Program Agreement by
and among the Iowa Department of Economic Development, the City of Dubuque and
Sustainable Neighborhood Builders, Inc. was adopted.
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Housing Enterprise Zone Agreement – 40 Main, LLC: City Manager recommending approval
of the proposed Housing Enterprise Zone Agreement by and among the Iowa Department of
Economic Development (IDED), the City of Dubuque and 40 Main, LLC related to the
redevelopment of the former Higley Chemical building on South Main Street. Upon motion the
documents were received and filed and Resolution No. 267-09 Approving a Housing
Enterprise Zone Program Agreement by and among the Iowa Department of Economic
Development, the City of Dubuque and 40 Main, LLC, was adopted.
Federal Emergency Management Agency (FEMA): City Manager recommending that the
City of Dubuque transmit objections to the preliminary Digital Flood Insurance Rate Map’s
proposed new flood zones, and provide documentation to support the position that the DFIRM
is not using current data on flood mitigation. Upon motion the documents were received, filed,
and approved.
Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for
the period from April 1, 2009 through June 30, 2009. Upon motion the documents were
received and filed.
Housing Code Board of Appeals: Resignation of Jim (Demetris) Matheos from the Housing
Code Board of Appeals. Upon motion the document was received and filed and the resignation
accepted.
Procurement Card Vendor Selection: City Manager recommending approval of the selection
of American Trust and Savings Bank as the City’s procurement card vendor. Upon motion the
documents were received, filed, and approved.
Revised Fiscal Year 2010 Dubuque County REAP Plan: City Manager recommending
approval of the Revised Fiscal Year 2010 Dubuque County REAP Plan and grant application
for installation of the Iowa 32 Bike / Hike Trail – Phase 3 Project. Upon motion the documents
were received and filed and Resolution No. 268-09 Authorizing REAP grant application to Iowa
Department of Natural Resources for Iowa 32 Bike / Hike Trail (Phase 3) was adopted.
Step by Step – Iowa Department of Economic Development Audit: City Manager advising
that the audit report from the Iowa Department of Economic Development for the Step by Step
Project gave the City high marks for program compliance and performance. Upon motion the
documents were received and filed.
H1N1 Update: City Manager submitting an update on the Novel Influenza A (H1N1) virus.
Upon motion the documents were received and filed.
West End Commercial Subdivision: Communication from Brian Kane, representing
Tschiggfrie Excavating Company, requesting the vacation of the recorded plat of West End
Commercial Subdivision. Upon motion the documents were received and filed and referred to
the City Manager.
Signed Contracts: Retainer Agreement with the Ferguson Group to provide federal
government affairs consulting services. Upon motion the documents were received and filed.
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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. 269-09 Granting the issuance of three renewal licenses to sell cigarettes to Awn Stop Mart
#2, Friendly Locust Mart and Aragon Tap; Resolution No. 270-09 Granting the issuance of a
Class “B” Beer Permit to Music n More Promotions; and Resolution No. 271-09 Granting the
issuance of a Class “C” Beer/Liquor License to Courtside Sports Bar and Grill, Ten Pin Tap,
Shannon’s Bar and Grill, and Bammers Sport Bar and Grill 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 Voetberg. Motion carried 7-0.
Eagle Point Water Plant Vacuum Filter Project: City Manager recommending initiation of the
public bidding process for the Eagle Point Water Plant Vacuum Filter Project and that a public
hearing be set for August 17, 2009. Upon motion the documents were received and filed and
Resolution No. 272-09 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 Water Plant
Vacuum Filter Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 17, 2009 in the Historic Federal Building.
Miller Road Water Main Extension Project: City Manager recommending initiation of the
public bidding process for the Miller Road Water Main Extension Project and that a public
hearing be set for August 17, 2009. Upon motion the documents were received and filed and
Resolution No. 273-09 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 Miller Road Water Main
Extension Project was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 17, 2009 in the Historic Federal Building.
Highway 151/61 South Water Main Extension Project: City Manager recommending
initiation of the public bidding process for the Highway 151/61 South Water Main Extension
Project and that a public hearing be set for August 17, 2009. Upon motion the documents were
received and filed and Resolution No. 274-09 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 Highway
151/61 South Water Main Extension Project was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on August 17, 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: Housing Commission: Three 3-year terms through August 17,
2012 (Terms of Culbertson, Holz and Kapler). Applicants: Dorothy Culbertson, 2095 University
Avenue; Jim Holz, 2010 Indiana Court; and David Kapler, 827 Patricia Ann Drive.
Appointments to the following Boards/Commissions:
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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. Upon City Council concurrence, the Mayor appointed Elizabeth
Takes to the Civil Service Commission for a 4-year term through April 6, 2012.
Transit Board of Trustees: One 3-year term through July 30, 2012 (Term of Stedman).
Applicants: Thomas Croissant, 444 Angella Street, #8; and Matthew Esser, 90 Main Street,
#201. Upon roll call vote of 4-3, Matthew Esser was appointed to the Transit Board of Trustees
for a 3-year term through July 30, 2012.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Slattery Center Lease – Dubuque Montessori School: Proof of publication on notice of
public hearing to consider leasing the Slattery Center in Flora Park to Montessori School and
City Manager recommending approval. Motion by Lynch to receive and file the documents and
adopt Resolution No. 275-09 Disposing of an interest in real property by lease agreement with
Dubuque Montessori School, Inc. Seconded by Jones. Motion carried 7-0.
Fire Station No. 4 – Door Replacement Project: Proof of publication on notice of public
hearing to consider the plans, specifications, form of contract and estimated cost of $81,150
for the Fire Station No. 4 – Door Replacement Project and City Manager recommending
approval. Motion by Jones to receive and file the documents and adopt Resolution No. 276-09
Approving plans, specifications, form of contract, and estimated cost for the Fire Station No. 4
– Door Replacement Project. Seconded by Lynch. Motion carried 7-0.
Garfield Retaining Wall Repair Project: Proof of publication on notice of public hearing to
consider the plans, specifications, form of contract and estimated cost of $125,637 for the
Garfield Retaining Wall Repair Project and City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 277-09 Approving plans,
specifications, form of contract, and estimated cost for the Garfield Retaining Wall Repair
Project. Seconded by Jones. Motion carried 7-0.
Historic Shot Tower Rehabilitation Project: Proof of publication on notice of public hearing to
consider the plans, specifications, form of contract and estimated cost of $769,670 for the
Historic Shot Tower Rehabilitation Project and City Manager recommending approval. Motion
by Lynch to receive and file the documents and adopt Resolution No. 278-09 Approving plans,
specifications, form of contract, and estimated cost for the Historic Shot Tower Rehabilitation
Project. Seconded by Braig. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Every Child / Every Promise: Request of Chad M. Chandlee to address the City Council
regarding the Every Child / Every Promise organization and the Youth Master Plan that has
been created. Chad Chandlee, 897 Mt. Carmel Street, provided an oral report on the progress
of Every Child / Every Promise.
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Kennedy Mall – Sidewalk Ordinance: Communication from James M. Shurell requesting to
address the City Council regarding the City’s sidewalk ordinance. Motion by Lynch to receive
and file the documents and refer to the City Manager. Seconded by Voetberg. Joe Bell and Jim
Shurell, representing Kennedy Mall, 555 John F. Kennedy Road, provided an oral presentation
on their request for an exemption to the recent Sidewalk Ordinance citing public safety in a
heavily travelled area and the substantial cost of installing sidewalks relative to the minimal
building improvement. Motion carried 6-1 with Resnick voting nay.
Request to Address the City Council: Request of Sgt. Lee Harlow Andre to address the City
Council regarding several issues. Motion by Lynch to receive and file. Seconded by Connors.
Sgt. Lee Harlow Andre, 1175 Highland Drive, addressed the Council regarding his thoughts on
the need for and the closure of the Grandview Avenue Pet Park.
Demolition by Neglect in Historic and Conservation Districts: Historic Preservation
Commission recommending adoption of amendments to Chapters 25-7 and 11-4 of the Code
of Ordinances regarding demolition by neglect in historic and conservation districts. Motion by
Connors to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 37-09 Amending
Chapter 11 of the City of Dubuque Code of Ordinances Building Regulations by amending
Section 11-4 Demolition Permits in Conservation Districts to prohibit demolition by neglect and
Ordinance No. 38-09 Amending Chapter 25 of the City of Dubuque Code of Ordinances
Historic Preservation by amending Section 25-7(B) Demolition by Neglect Prohibited.
Seconded by Jones. Planning Services Manager Laura Carstens provided a staff report.
Motion carried 7-0.
Restriction of All-Terrain Vehicles (ATV) Use: City Manager recommending approval of
amendments to the City’s provisions on the use of all-terrain vehicles (ATVs).
Communication from Jack Nachtman, Manager of Mt. Calvary Cemetery Association, urging
passage of the ordinance.
Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried
7-0
Motion by Connors for final consideration and passage of Ordinance No. 39-09 Amending
the City of Dubuque Code of Ordinances Section 32-321.1 Definitions by amending the
definition of all-terrain vehicle and amending Section 32-321.234A All-Terrain Vehicles
Establishing Regulations for All-Terrain Vehicles on Public Roadways, Private Property, and
Right-of-Way, Enumerating Exceptions for Wheelchairs, Permitted Events, Emergency Rescue
Operations, and Establishing the Penalty for Violation Thereof. Seconded by Voetberg. Motion
carried 7-0
Amendment to Development Agreement – 40 Main, LLC: City Manager recommending
approval of the second amendment to the Development Agreement with 40 Main, LLC. Motion
by Connors to receive and file the documents and adopt Resolution No. 279-09 Approving the
Second Amendment to the 40 Main, LLC Development Agreement. Seconded by Voetberg.
Motion carried 7-0.
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Residential Parking Permit Districts: City Manager recommending approval of a change in
the Code of Ordinances regarding the Residential Parking Permit Program to accommodate
non-dwelling units (i.e., businesses) within a Residential Parking Permit District. 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 Voetberg. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 40-09 Amending City
of Dubuque Code of Ordinances Chapter 32 Motor Vehicles and Traffic, Article VIII Stopping,
Standing and Parking, Division VII Residential Parking Permit Program, Section 32-321.725
Issuance of Residential Parking Permit authorizing the City Manager to issue permits for non-
residential property. Seconded by Braig. Motion carried 7-0.
U.S. Department of Commerce – Economic Development Administration: Communication
from Dennis Alvord, Economic Development Administration, advising that the City of Dubuque
is the winner of the EDA Excellence in Economic Development Awards 2009 in the category of
Excellence in Historic Preservation-Led Strategies. Motion by Voetberg to receive and file the
documents. Seconded by Resnick. Motion carried 7-0.
July 3 Fireworks Display: City Manager recommending that the request of the Dubuque
Jaycees, KDTH, KGRR and the River to conduct a fireworks display on July 3, 2010 and right
of first refusal on the dates in future years be approved subject to the annual submittal and
approval of a City of Dubuque Special Event Permit. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Motion carried 7-0.
2009 – 2010 Deer Management Plan: City Manager recommending approval of the 2009 –
2010 Urban Deer Management Program. Motion by Lynch to receive and file the documents
and approve the recommendation. Seconded by Resnick. Motion carried 7-0.
Iowa 32 Hike / Bike Trail Phase 2 Project: City Manager recommending award of the public
improvement contract for the Iowa 32 Hike / Bike Trail Phase 2 Project to Connolly
Construction in the amount of $187,248.00. Motion by Jones to receive and file the documents
and adopt Resolution No. 280-09 Awarding contract for the Iowa 32 Hike / Bike Trail Phase 2
Project. Seconded by Connors. Motion carried 7-0.
Trail Project at Bergfeld Recreation Area: City Manager recommending award of the public
improvement contract for the Trail Project at Bergfeld Recreation Area to Drew Cook and Sons
in the amount of $392,087.70. Motion by Connors to receive and file the documents and adopt
Resolution No. 281-09 Awarding contract for the Trail Project at Bergfeld Recreation Area.
Seconded by Lynch. Motion carried 7-0.
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Locust Street Resurfacing – 9 to 17 Streets Project: City Manager recommending award
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of the contract for the Locust Street Resurfacing – 9 to 17 Streets Project to Tschiggfrie
Excavating Company in the amount of $540,420.12, subject to Iowa Department of
Transportation approval. Motion by Voetberg to receive and file the documents and adopt
Resolution No. 282-09 Awarding public improvement contract for the Locust Street
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Resurfacing – 9 to 17 Streets Project. Seconded by Jones. Motion carried 7-0.
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National League of Cities Institute for Youth, Education and Families: The National League
of Cities Institute for Youth, Education and Families with support from the Charles Stewart Mott
Foundation has selected Dubuque as one of the first twelve cities to participate in a learning
community for municipal leaders seeking to re-engage disconnected youth and the City
Manager is requesting one or two City Council volunteers to participate in a national summit on
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October 11 – 13 in Boston, Massachusetts. Motion by Connors to receive and file the
documents and select Mayor Buol and Council Member Connors as participants. Seconded by
Resnick. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Resnick congratulated Leisure Services Manager Gil Spence and the Leisure Services staff
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on the successful Eagle Point Park 100th Anniversary Party held August 2.
Jones thanked the Telegraph Herald for its article on police officers who must deliver death
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notifications published August 2.
PUBLIC INPUT
Marcos Rubenstein, 663 Fenlon Place, requested that a group of City staff be put together
to look at the concept of community gardens.
CLOSED SESSION
Motion by Jones to go into closed session at 8:09 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by
Connors. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:49 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:50 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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