Minutes_City Council Proceedings 10 5 09 Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on October 5, 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 Reverend Thomas Young of Westminster Presbyterian Church
PROCLAMATIONS
Save for Retirement Week (October 18 – 24, 2009) was accepted by Personnel Manager
Randy Peck; Make a Will Month (October, 2009) was accepted by Operation New View
Director Tom Stovall, 1473 Central Avenue, and Library Director Susan Henricks; Niemann-
Pick Disease Awareness Month (October, 2009) was accepted by Jenn Richardson, 1610
Catherine Street; Trick-or-Treat Night (October 31, 2009) was accepted by Mayor Roy D. Buol;
and Dubuque Bank & Trust Appreciation was accepted by Dubuque Bank & Trust President
Doug Horstmann, 1398 Central Avenue
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 8/24; City Council of 9/17, 9/21, and
9/23; Historic Preservation Commission of 9/17; Housing Code Appeals Board of 7/21; Library
Board of Trustees of 7/23; Long Range Planning Advisory Commission of 9/16; Transit Board
of 9/10
Proofs of publication of City Council Proceedings of September 8 and 17, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Mark Hoppmann II for vehicle damage; Tim O’Mara 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: Progressive Classic
Insurance for vehicle damage; Joe Frederick for vehicle damage; Barbara Frandsen for
personal injury; Tim O’Mara for vehicle damage; Mark Hoppmann for vehicle damage. Upon
motion the documents were received and filed and concurred.
Project HOPE: Communication from Alyssa Hauser, Project HOPE Coordinator, regarding
youth employment opportunities. Upon motion the documents were received and filed.
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Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7th Streets: City Manager
recommending award of the contract for the Traffic Signal Mastarm Retrofit Project, Central
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Avenue at 5 and 7 Streets to A&G Electric in the amount of $140,735.88. Upon motion the
documents were received and filed and Resolution No. 373-09 Awarding public improvement
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contract for the Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7 Streets
was adopted.
Heeb Street Retaining Wall Reconstruction Project: City Manager recommending award of
the contract for the Heeb Street Retaining Wall Reconstruction Project to Drew Cook & Sons
Excavating, Inc. in the amount of $98,567.00. Upon motion the documents were received and
filed and Resolution No. 374-09 Awarding public improvement contract for the Heeb Street
Retaining Wall Reconstruction Project was adopted.
Dubuque Industrial Center West – Chavenelle Court 2008 Project: City Manager
recommending acceptance of the construction contract for the Dubuque Industrial Center West
– Chavenelle Court 2008 Project as completed by Horsfield Construction, Inc., in the final
contract amount of $639,822.45. Upon motion the documents were received and filed and
Resolution No. 375-09 Accepting the Dubuque Industrial Center West – Chavenelle Court
2008 Project and authorizing payment of the contract amount to the contractor was adopted.
University Avenue Extension Project: City Manager recommending acceptance of the
construction contract for the University Avenue Extension Project as completed by Horsfield
Construction, Inc., in the final contract amount of $890,833.71. Upon motion the documents
were received and filed and Resolution No. 376-09 Accepting the University Avenue Extension
Project and authorizing payment of the contract amount to the contractor was adopted.
2009 Community Development Block Grant (CDBG) Ramp Installation Project: City
Manager recommending acceptance of the construction contract for the 2009 Community
Development Block Grant (CDBG) Ramp Installation Project as completed by Skyline Trucking
& Storage Construction, Inc., in the final contract amount of $19,096.04. Upon motion the
documents were received and filed and Resolution No. 377-09 Accepting the 2009 Community
Development Block Grant (CDBG) Ramp Installation Project and authorizing payment of the
contract amount to the contractor was adopted.
Plat Approval – McEvoy and Curtis Streets: City Manager recommending approval of the
plats of Lots A and D of Bonson and Stewart’s Subdivision. Upon motion the documents were
received and filed and Resolution No. 378-09 Approving Lot A of Bonson and Stewart’s
Subdivision and Resolution No. 379-09 Approving Lot D of Bonson and Stewart’s Subdivision
were adopted.
Irrevocable License – Security Investments, LLC and the Grand Opera House: City
Manager recommending approval of the Irrevocable Licenses for Security Investments, LLC
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and the Grand Opera House to encroach on the public alleyway between Main and Iowa, 8
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and 9 Streets. Upon motion the documents were received, filed, and approved.
B&C Cathedral Development, LLC – Brownfield/Grayfield Redevelopment Tax Credit
Application: City Manager recommending approval of the submission of a Brownfield/Grayfield
Redevelopment Tax Credit Application to the Iowa Department of Economic Development on
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behalf of B&C Cathedral Development, LLC for redevelopment of the former St. Raphael’s
School on Bluff Street. Upon motion the documents were received and filed and Resolution
No. 380-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the
Iowa Department of Economic Development on behalf of B&C Cathedral Development, LLC,
was adopted.
Caradco Building, LLLP – Brownfield/Grayfield Redevelopment Tax Credit Application: City
Manager recommending approval of the submission of a Brownfield/Grayfield Redevelopment
Tax Credit Application to the Iowa Department of Economic Development on behalf of Caradco
Building, LLLP for redevelopment of the former Carr, Adams, and Ryder Company building at
900 Jackson Street. Upon motion the documents were received and filed and Resolution No.
381-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa
Department of Economic Development on behalf of Caradco Building, LLLP, was adopted.
Sustainable Neighborhood Builders, Inc. – Brownfield/Grayfield Redevelopment Tax Credit
Application: City Manager recommending approval of the submission of a Brownfield/Grayfield
Redevelopment Tax Credit Application to the Iowa Department of Economic Development on
behalf of 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. 382-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit
Application to the Iowa Department of Economic Development on behalf of Sustainable
Neighborhood Builders, Inc. was adopted.
Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager
recommending acceptance and approval of the Acknowledgement/Settlement Agreements for
a first offense alcohol compliance violation for West Dubuque Tap, 1701 Asbury Road; Cue
Master’s Billiards, 900 Central Avenue; Bowling and Beyond, 1860 Hawthorne; Jumper’s
Sports Bar & Grill, 2600 Dodge Street; and Downtown Eagle, Inc., 1800 Elm Street. Upon
motion the documents were received, filed, and approved.
Citizen Communication – Crime Task Force: Communication from Terry L. Mozena
submitting a list of items for consideration by the Crime Task Force. Upon motion the
documents were received and filed.
Dubuque Water Trail Grant Application: City Manager recommending approval of a grant
application to the Iowa Department of Natural Resources (IDNR) for the Dubuque Water Trail
Project. Upon motion the documents were received and filed and Resolution No. 383-09
Approving the submittal of an application for Iowa Water Trail Funding to the Iowa Department
of Natural Resources for the Dubuque Water Trail was adopted.
Request for Proposals (RFP) – Mines of Spain Interpretive Exhibit and Education Program:
City Manager recommending approval of the issuance of a Request for Proposals (RFP) for an
exhibit designer for the Mines of Spain Interpretive Exhibit and Education Program. Upon
motion the documents were received, filed, and approved.
Water Resources Coordinating Council (WRCC): City Manager recommending approval of
the City’s position statement on Water Resources Coordinating Council recommendations as
required by HF 756. Upon motion the documents were received, filed, and approved.
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Iowa Great Places Grant: City Manager advising that the City has been awarded $150,000
from Iowa Great Places Funding to aid in the completion of the streetscape and public space
improvements in the Historic Millworking District. Upon motion the documents were received
and filed.
Purchase of Property – 1699 Washington Street: City Manager recommending approval of
the purchase of a foreclosed home located at 1699 Washington Street. Upon motion the
documents were received and filed and Resolution No. 384-09 Approving the acquisition of
real estate located at 1699 Washington Street in the City of Dubuque was adopted.
Water Meter Change Out Project – Request for Proposals: City Manager recommending
approval to release the Request for Proposals for the Water Meter Change Out Project. Upon
motion the documents were received, filed, and approved.
Workers’ Compensation Administrative Services Agreement - Alternative Services
Concepts: City Manager recommending approval of the Workers’ Compensation
Administrative Services Agreement with Alternative Services Concepts. Upon motion the
documents were received, filed, and approved.
Illinois Department of Transportation: Notice from the Illinois Department of Transportation
(IDOT) that they will be sponsoring a public meeting to seek input concerning the
Environmental Assessment (EA) of the proposed alternatives for new inter-city passenger rail
transportation service from Chicago to Dubuque. Upon motion the documents were received
and filed.
Government Finance Officers Association: Communication from the Government Finance
Officers Association advising that Budget Director Jennifer Larson has received the
Distinguished Budget Presentation Award. Upon motion the documents were received and
filed.
Signed Contracts: 1) Contract with IIW Engineers for the EB Lyons Nature Center
Expansion Project. 2) Change Order #1 for the Trail at the Bergfeld Recreation Area Project. 3)
Contract for services with The Powers of Communication related to the Census 2010
community outreach campaign. 4) Contract with McDermott Excavating for the detention basin
maintenance of Theisen’s Pond. 5) Contract with McDermott Excavating for the detention
basin maintenance of the Bergfeld and Seippel Ponds. 6) Award of the contract for the Foye
Street Curb and Gutter, Sidewalk Replacement Project. 7) Award of the contract for the
Ramona Street and Pamela Court Panel Replacement Project. 8). Upon motion the documents
were received and filed.
Business License Refund: Request of Russell and Cheri Masartis for a refund in the amount
of $422.50 for the Club Sublime beer and liquor license. Upon motion the document was
received and filed and the refund 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. 385-09 Granting the issuance of a Class “C” Beer Permit to Target Store and Aldi #30; and
Resolution No. 386-09 Granting the issuance of a Class “C” Beer/Liquor License to Dog House
Lounge, Denny’s Lux Club and The District; Special Class “C” Liquor License to Café Manna
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Java; Class “B” Wine Permit to Target Store and Aldi #30; and a Class “WBN” Native Wine to
Solon Langworthy House 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.
MYLA Company, LLC: City Manager recommending that a public hearing be set for October
19, 2009 to consider a proposed lease between MYLA Company, LLC for the placement of a
sign for the businesses in the new building at 3338 Center Grove Drive. Upon motion the
documents were received and filed and Resolution No. 387-09 Resolution of intent to dispose
of an interest in public right-of-way owned by the City of Dubuque by lease between the City of
Dubuque, Iowa and MYLA Company, LLC, was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on October 19, 1009 in the Historic Federal Building.
Blanche Avenue – Request to Vacate: City Manager recommending that a public hearing be
set for October 19, 2009 to consider a request from David W. Leifker Law Offices, representing
Raymond E. Tarkett, for the vacating of an alley adjacent to 765 Blanche Avenue. Upon
motion the documents were received and filed and Resolution No. 388-09 Resolution of intent
to vacate and dispose of City interest in Lot 112-A in Maple Leaf Addition in the City of
Dubuque, Dubuque County, Iowa; and Resolution No. 389-09 Approving plat of a proposed
vacated alley abutting Lots 81 through 86 and Lots 112 through 117 all in Maple Leaf Addition
in the City of Dubuque, Iowa, were adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on October 19, 2009 in the Historic Federal Building.
North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase
III: City Manager recommending initiation of the bidding process for the North Fork Catfish
Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III and that a public
hearing be set for October 19, 2009. Upon motion the documents were received and filed and
Resolution No. 390-09 Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract, and
estimated cost; and ordering the advertisement for bids for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Reconstruction Project – Phase III was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on October 19, 2009 in the Historic
Federal Building.
BOARDS/COMMISSIONS
Appointments to the following Commission: Historic Preservation Commission. One 3-year
term through July 1, 2011 – Langworthy Historic District (Interim Term of Licht). Applicant:
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David Klavitter, 1090 West 3 Street - Qualifies for Langworthy Resident Commissioner.
Motion by Braig to appoint David Klavitter to the Historic Preservation Commission –
Langworthy Historic District for a 3-year term through July 1, 2011. Seconded by Resnick.
Motion carried 7-0.
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Upon motion the rules were suspended allowing anyone present to address the City
Council.
PUBLIC HEARINGS
Dubuque Ice and Recreation Center, Inc. (DICE) – Development Agreement and Lease
Agreement: Proof of publication on notice of public hearing to consider a Development
Agreement between the City of Dubuque, Dubuque Ice and Recreation Center, Inc., Dubuque
Racing Association, Ltd., and Battlefield Dubuque, LLC and a Lease Agreement between the
City of Dubuque and Dubuque Ice and Recreation Center, Inc. and City Manager
recommending approval.
City Manager recommending approval of an amendment to the SMG Management
Agreement for the Five Flags Center which would allow them to compete for the same type of
events that can be held at the Grand River Center; however, the non-compete clause for the
Five Flags Civic Center Management contract with SMG related to political events would
continue.
Motion by Jones to receive and file the documents and adopt Resolution No.391-09
Disposing of an interest in real property by Development Agreement between and among
Dubuque Ice & Recreation Center, Inc., Dubuque Racing Association, and Battlefield
Dubuque, LLC and Lease Agreement with Dubuque Community Ice and Recreation Center,
Inc.; and Resolution No. 392-09 Approving the Second Amendment to the Management
Agreement between the City of Dubuque, Iowa and SMG. Seconded by Lynch. DICE
President Bob Woodward, 1048 Bonnie Court, and Southwood Management President Brian
Southwood, 1220 Valentine Drive, responded to questions from City Council Members. Motion
carried 7-0.
Amended and Restated Greater Downtown Urban Renewal District: Proof of publication on
notice of public hearing to consider a Resolution of Necessity for the Amended and Restated
Greater Downtown Urban Renewal District and City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 393-09 Approving the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District. Seconded by Braig. Motion carried 7-0.
McEvoy Street – Alley Vacate: Proof of publication on notice of public hearing to consider a
request from Laura Skelton for the vacation and disposal of an alley adjacent to 35 McEvoy
Street and City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 394-09 Approving plat of proposed vacated alley
adjacent to 35 McEvoy Street; Resolution No. 395-09 Vacating Lot B and Lot I of Bonson and
Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 396-
09 Disposing of City interest in Lot B and Lot 1 of Bonson and Stewart’s Subdivision in the City
of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0.
2009 Cured-in-Place (CIPP) Lining Project: Proof of publication on notice of public hearing
to consider the plans, specifications, form of contract and estimated cost for the 2009 Cured-
in-Place (CIPP) Lining Project and City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 397-09 Approving plans,
specifications, form of contract, and estimated cost for the 2009 Sewer Cured-in-Place Pipe
(CIPP) Lining Project. Seconded by Connors. Motion carried 7-0.
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Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Advertisement for Sale of Bonds: City Manager recommending the sale of $2,935,000
General Obligation Bonds, Series 2009A, $11,175,000 General Obligation Urban Renewal
Bonds, Series 2009B and $9,500,000 General Obligation Refunding Bonds, Series 2009C.
Motion by Jones to receive and file the documents and adopt Resolution No. 398-09 Directing
the sale of General Obligation Bonds, Series 2009A; Resolution No. 399-09 Directing the sale
of General Obligation Urban Renewal Bonds, Series 2009B; Resolution No. 400-09 Directing
the sale of General Obligation Refunding Bonds, Series 2009C; and Resolution No. 401-09
Authorizing the redemption of outstanding General Obligation Bonds, Series 2001, dated
December 15, 2001, and the General Obligation Bonds, Series 2002, dated December 15,
2001 of the City of Dubuque, Iowa and directing notice of redemption. Seconded by Voetberg.
PFM Senior Managing Consultant Tionna Pooler, 2600 Grand Avenue, Des Moines,
responded to questions by City Council Members.
Westside Arterial Development, LLC: Communication from Brian J. Kane, representing
Westside Arterial Development, LLC, requesting that the City vacate and abandon a temporary
roadway easement at the end of Millstone Drive.
Communication from Steven J. and Jennifer A. Mai requesting that the temporary roadway
easement at the end of Millstone Drive be maintained as a cul-de-sac.
Motion by Jones to receive and file the documents and refer to the City Manager. Seconded
by Resnick. Motion carried 7-0.
Unified Development Code (First Reading on September 21, 2009): City Manager
transmitting additional information in response to issues raised by the City Council during the
September 21, 2009 public hearing on the Unified Development Code and recommending that
the various options for Item #2 - park land dedication versus donation be referred to the Zoning
Advisory Commission for their consideration. Motion by Connors to receive and file the
documents and consider the second reading of a proposed ordinance establishing Title 16,
Unified Development Code for the City of Dubuque, Iowa, in accordance with the provisions of
the Code of Iowa and for the repeal of all ordinances in conflict herewith. Seconded by
Voetberg. Motion carried 7-0.
Port of Dubuque Parking Ramp Concrete Crack Repair Project (Tabled on September 23,
2009): City Manager recommending award of the public improvement contract for the Port of
Dubuque Parking Ramp Concrete Crack Repair Project to Ram Construction Services of
Minnesota LLC., in the amount of $213,900.00. Motion by Jones to remove from the table.
Seconded by Voetberg. Motion carried 7-0.
Motion by Jones to receive and file the documents and adopt Resolution No. 402-09
Awarding public improvement contract for the Port of Dubuque Parking Ramp Concrete Crack
Repair Project. Seconded by Connors. Motion carried 7-0.
Task Force Appointments: City Manager recommending the task force be named the Safe
Community Task Force, a list names for service on the task force, and that the City Council
appoint seven additional members and seek one or two volunteers from the City Council.
Motion by Lynch to receive and file the documents, select Council Members Connors and
Voetberg to serve as Council representatives, approve the two lists of names recommended
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by the City Manager and nominate the following additional citizens: Mike Hodge, Molly Grover,
Michelle Mihalakis, John Gronen, Rachel Daack, Claudette Carter Thomas, Terry Mozena,
Steve Hodge, and Doug Stillings for a total of 25 members. Van Milligen clarified that the
Police Chief position will serve as a representative. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors reported on her attendance at the recent Iowa League of Cities Conference in
Davenport stating that it is important to continue to support the League. Connors also reported
on the success of the ribbon cutting/block party she and Council Member Resnick attended on
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13 Street between Washington and Jackson Streets which was sponsored by Hope Church.
There being no further business, upon motion the City Council adjourned at 7:58 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 10/14
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