Minutes_City Council Proceedings 10 19 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on October 19, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
Acting City Manager Steinhauser, Assistant City Attorney O’Brien
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 Randy Sirk of Temple Beth El.
PROCLAMATION
Dubuque Weatherization Challenge Day (October 24, 2009) was accepted by Operation:
New View Executive Director Tom Stovall, 1473 Central Avenue.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Braig requested (#16) Neighborhood Stabilization Program
be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 10/5; Civil Service Commission of 10/14;
Human Rights Commission of 9/14; Plumbing Board of 10/1; Zoning Advisory Commission of
10/7; Zoning Board of Adjustment of 9/24
Proofs of publication of City Council Proceedings of September 21 and 23, 2009 and List of
Claims and Summary of Revenues for Month Ended August 31, 2009
Library Board of Trustees Update from Meeting of September 24, 2009
Substance Abuse Services Center First Quarter Report
Upon motion the documents were received and filed.
Notice of Claims/Suits: Opalus Salon and Spa for loss of revenue; Chelsea Deines for
vehicle damage. Upon motion the documents were received and 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: Chelsea Deines for
vehicle damage.
City Attorney recommending settlement of the claim of Opalus Salon for loss of revenue.
Upon motion the documents were received and filed and concurred.
Green Alley Project: City Manager recommending acceptance of the Green Alley Pilot
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Project (11 – 13 between White and Jackson Streets), as completed by Portzen
Construction, in the final contract amount of $199,966.88. Upon motion the documents were
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received and filed and Resolution No. 403-09 Accepting the Green Alley Pilot Project (11 –
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13 between White and Jackson Streets) and authorizing payment of the contract amount to
the contractor was adopted.
Eagle Point Park Trolley Line Trail Project: City Manager recommending acceptance of the
Eagle Point Park Trolley Line Trail Project as completed by Portzen Construction in the final
contract amount of $203,708.91. Upon motion the documents were received and filed and
Resolution No. 404-09 Accepting the Eagle Point Park Trolley Line Trail Project and
authorizing payment of the contract amount to the contractor was adopted.
I-Jobs Affordable Housing Assistance Grant Application: City Manager recommending
approval of an I-Jobs Affordable Housing Assistance Grant Application to the Iowa Finance
Authority on behalf of Gronen Restoration to be used for the redevelopment of the former
Caradco building mixed-use project. Upon motion the documents were received and filed and
Resolution No. 405-09 Approving I-Jobs Affordable Housing Assistance Grant Application to
the Iowa Finance Authority on behalf of Gronen Restoration was adopted.
Housing Enterprise Zone Program Agreement – St. Raphael School Project: City Manager
recommending approval of an amendment to the Housing Enterprise Zone Program
Agreement to reflect a change in developers of the St. Raphael School Project to B & C
Cathedral Development. Upon motion the documents were received and filed and Resolution
No. 406-09 Approving an amendment to a Housing Enterprise Zone Program Agreement by
and among the Iowa Department of Economic Development, the City of Dubuque and Lofts at
Cathedral Square was adopted.
Final Plat – Bonson and Stewart’s Subdivision Lot “H:” Zoning Advisory Commission
recommending approval of the final plat of Bonson and Stewart’s Subdivision Lot “H.” Upon
motion the documents were received and filed and Resolution No. 407-09 Approving Bonson
and Stewart’s Subdivision Lot “H” in the City of Dubuque, Iowa, was adopted.
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. 408-09 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.
General Obligation Bonds – Series 2009A: City Manager recommending approval of
suggested proceedings to complete the action required for the issuance of not to exceed
$2,935,000 General Obligation Bonds – Series 2009A. Upon motion the documents were
received and filed and Resolution No. 409-09 Appointing Wells Fargo Bank, National
Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent,
approving the paying agent and bond registrar and transfer agent agreement and authorizing
the execution of the agreement; and Resolution No. 410-09 Authorizing and providing for the
issuance of $2,935,000 General Obligation Bonds, Series 2009A and levying a tax to pay said
bonds were adopted.
General Obligation Urban Renewal Bonds – Series 2009B: City Manager recommending
approval of suggested proceedings to complete the action required for the issuance of not to
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exceed $11,175,000 General Obligation Urban Renewal Bonds – Series 2009B. Upon motion
the documents were received and filed and Resolution No. 411-09 Appointing Wells Fargo
Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and
transfer agent, approving the paying agent and bond registrar and transfer agent agreement
and authorizing the execution of the agreement; and Resolution No. 412-09 Authorizing and
providing for the issuance of $11,175,000 General Obligation Urban Renewal Bonds, Series
2009B and levying a tax to pay said bonds were adopted.
General Obligation Refunding Bonds – Series 2009C: City Manager recommending
approval of suggested proceedings to complete the action required for the issuance of not to
exceed $8,885,000 General Obligation Refunding Bonds – Series 2009C. Upon motion the
documents were received and filed and Resolution No. 413-09 Appointing Wells Fargo Bank,
National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and
transfer agent, approving the paying agent and bond registrar and transfer agent agreement
and authorizing the execution of the agreement; and Resolution No. 414-09 Authorizing and
providing for the issuance of $8,885,000 General Obligation Refunding Bonds – Series 2009C
and levying a tax to pay said bonds were adopted.
Purchase of Property – 1925 Washington Street: City Manager recommending approval of
the purchase of a foreclosed home located at 1925 Washington Street. Upon motion the
documents were received and filed and Resolution No. 415-09 Approving the acquisition of
real estate located at 1925 Washington Street in the City of Dubuque was adopted.
Cell Phone Recommendation: City Manager recommending approval of the selection of US
Cellular / ComElec to provide cellular handsets and services for a 24-month term. Upon motion
the documents were received, filed, and approved.
Project HOPE: Communication from Alyssa Hauser, Project HOPE Coordinator, advising
that the Diversity in the Workplace Committee and Project HOPE have created a Disability
Mentoring Day. Upon motion the documents were received and filed.
Human Rights Commission: Shane J. Oswald submitting his resignation from the Human
Rights Commission. Upon motion the documents were received and filed and the resignation
accepted.
Neighborhood Stabilization Program: City Manager recommending approval of the
Residential Antidisplacement and Relocation Assistance Plan and the Policy on Prohibition of
Use of Excessive Force, according to the requirements of the Neighborhood Stabilization
Program (NSP). Motion by Braig to receive and file the documents and adopt Resolution No.
416-09 Policy on the prohibition of the use of excessive force. Seconded by Jones. Motion
carried 7-0.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Police Officer. Upon motion the document was received and filed and made a
Matter of Record.
Signed Contracts: 1) Award of the contract for the Thomas Place Guardrail and Curb and
Gutter Installation Project. 2) Floodwall Levee Slope Stabilization Project Change Order. 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. 417-09 Granting the issuance of a Class “C” Beer Permit to Friendlylocust Mart and Big 10
Mart Car Wash; and Resolution No. 418-09 Granting the issuance of a Class “C” Beer/Liquor
License to Europa Haus Restaurant and Bierstub, Jumpers Sports Bar and Grill, Rainbow
Lounge, Channel Inn Restaurant, Fiesta Cancun Restaurant and The Bank Bar and Grille; and
a Class “WBN” Native Wine to Dubuque Area Chamber of Commerce were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Voetberg. Motion carried 7-0.
Historic Shot Tower Rehabilitation Project – Phase I: City Manager recommending initiation
of the bidding process for the Historic Shot Tower Rehabilitation Project – Phase I and that a
public hearing be set for November 2, 2009. Upon motion the documents were received and
filed and Resolution No. 419-09 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 – Phase I was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on November 2, 2009 in the Historic Federal Building.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone – 1800 Manson Road: Proof of publication on notice of public hearing to
consider a request from Marty McNamer to rezone property located at 1800 Manson Road
from AG Agricultural District to R-1 Single-Family Residential District 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
Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 49-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 1800 Manson Road from AG
Agricultural District to R-1 Single-Family Residential District. Seconded by Braig. Planning
Services Manager provided a staff report. Motion carried 7-0.
Request to Rezone – Radford Road and Westmark Drive: Proof of publication on notice of
public hearing to consider a request from Tom Kelzer / GTW Pennsylvania LLC to rezone
property located at the southeast corner of Radford Road and Westmark Drive from C-2
Neighborhood Shopping Center District to a PUD Planned Unit Development District with a PR
Planned Residential District designation 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.
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Motion by Jones for final consideration and passage of Ordinance No. 50-09, as amended,
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at the southeast corner of Radford Road
and Westmark Drive from C-2 Neighborhood Shopping Center District to PUD Planned Unit
Development District with a PR Planned Residential District Designation and adopting a
conceptual development plan. Seconded by Lynch. Attorney Brian Kane, 2100 Asbury Road,
representing GTW Pennsylvania, LLC, reviewed the project and read a letter from the
Westmark attorney requesting conditions into the record. Greater Dubuque Development
Corporation Executive Director Rick Dickinson, 300 Main Street, spoke in favor of the project.
Planning Services Manager provided a staff report, and Zoning Advisory Commission
Chairperson spoke on behalf of the Commission. Motion carried 7-0.
Request to Rezone – Corner of Bluff Street and Fifth Street: Proof of publication on notice of
public hearing to consider a request from the City of Dubuque to rezone property located at the
northwest corner of Bluff Street and Fifth Street from OR Office/High Density Multi-Family
Residential District to C-4 Downtown Commercial District and Zoning Advisory Commission
recommending approval. 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. 51-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at the northwest corner of Bluff Street and
Fifth Street from OR Office/High Density Multi-Family Residential District to C-4 Downtown
Commercial District. Seconded by Voetberg. Planning Services Manager provided a staff
report. Motion carried 7-0.
MYLA Company, LLC: Proof of publication on notice of public hearing 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 and City Manager recommending approval.
Motion by Lynch to receive and file the documents and adopt Resolution No. 420-09 Disposing
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. Seconded by Connors. Motion carried 7-0.
Blanche Avenue – Request to Vacate: Proof of publication on notice of public hearing to
consider a request from David W. Leifker Law Offices, representing Raymond E. Tarkett, for
the vacating and disposal of an alley adjacent to 765 Blanche Avenue and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 421-09 Vacating Lot 112-A in Maple Leaf Addition in the City of Dubuque,
Dubuque County, Iowa; and Resolution No. 422-09 Disposing of City interest in Lot 112-A in
Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa, were adopted.
North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase
III: Proof of publication on notice of public hearing to consider the plans and specs, form of
contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer
Reconstruction Project – Phase III and City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 423-09 Approving plans,
specifications, form of contract, and estimated cost for the North Fork Catfish Creek
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Stormwater and Sanitary Sewer Reconstruction Project – Phase III. Seconded by Braig.
Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Area Chamber of Commerce Convention and Visitors Bureau: Request of Keith
Rahe, Director of the Convention and Visitors Bureau, to provide a quarterly update. Motion by
Connors to receive and file the documents. Seconded by Jones. Convention and Visitors
Bureau Director Keith Rahe highlighted information and successes of the CVB over the last
quarter. Motion carried 7-0.
Millstone Drive: City Manager recommending that Westside Arterial Development, LLC be
notified that if they have not submitted a rezoning request by November 2, 2009, for the
property where the temporary Millstone Drive cul-de-sac is to be built, that they be ordered to
install the temporary cul-de-sac prior to winter. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0.
Unified Development Code (Second Reading on October 5, 2009): Zoning Advisory
Commission recommending adoption of Option #4 for the Unified Development Code Section
11-9 – Recreational Open Space.
City Manager transmitting the Unified Development Code for the third reading and
recommending amendments to the Unified Development Code (UDC) for consideration by the
City Council.
Motion by Connors for final consideration and passage of Ordinance No. 52-09, as
amended, and including Option #4, Establishing the Unified Development Code for the City of
Dubuque, Iowa, and providing for the administration, enforcement and amendment thereof in
accordance with the provisions of the Code of Iowa and for the repeal of all ordinances in
conflict herewith. Seconded by Jones. Motion carried 7-0.
RTA Shuttle Service to NICC: City Manager recommending consideration of a partnership
with RTA and to assist with funding the NICC shuttle service at a reduced service level for the
remainder of the 2009-2010 school year, at a cost of up to $12,000 in City funds to equally split
the net cost of the reduced shuttle service with the RTA. Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0.
RTA Director Mark Munson responded to questions from the City Council.
2009 Sewer Cured-in-Place Pipe Lining Project: City Manager recommending award of the
contract for the 2009 Sewer Cured-in-Place Pipe Lining Project to Visu-Sewer, Inc., in the
amount of $134,861.25. Motion by Jones to receive and file the documents and adopt
Resolution No. 424-09 Awarding public improvement contract for the 2009 Sewer Cured-in-
Place Pipe Lining Project. Seconded by Braig. Motion carried 7-0.
Salt Dome Conveyer Project: City Manager recommending award of the contract for the Salt
Dome Conveyer Project to Conlon Construction in the amount of $128,400. Motion by Lynch to
receive and file the documents and adopt Resolution No. 425-09 Awarding public improvement
contract for the Salt Dome Conveyor Project. Seconded by Braig. Motion carried 7-0.
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Mississippi River Partnership: City Manager recommending that Mayor Roy Buol solicit
citizen interest to be considered for an appointment as the City representative to the
Mississippi River Partnership Council or appoint a member of the City Council. Motion by
Connors to receive and file and to solicit a citizen with an environmental background to be
appointed at the November 2, 2009 meeting. Seconded by Voetberg. Steinhauser stated that
the position can be advertised and applied for through a process similar to that used by the
City’s boards and commissions. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors reported that Director of the Iowa Great Places Cynthia Peterson was unable to
locate the City’s Iowa Great Places award on the City’s web page. Steinhauser confirmed that
it does appear and will relay that to Ms. Peterson.
Voetberg reported that at a recent Iowa DOT meeting, he and Council Member Resnick
extended Mayor Buol’s invitation to hold a DOT public meeting in Dubuque in 2010.
There being no further business, upon motion the City Council adjourned at 8:05 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 10/28
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