Minutes_City Council Proceedings 11 16 09 Regular SessioinCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on November 16, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Resnick, Voetberg, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Lynch
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 Associate Pastor Diane Mitchell of St. Luke Methodist Church.
PRESENTATIONS
Dubuque Main Street Executive Director Dan LoBianco presented the agency's Excellence
in Downtown Development awards to the City for Best Public/Private Improvement for the Port
of Dubuque Parking Ramp, Best Business Improvement Success Story for IBM, Best
Design/Education Preservation Initiative for the Downtown Design Guidelines, Best
Community-Initiated Development for the Historic Millwork District, and the Best Total Building
Rehabilitation for the Step-by-Step Project.
Planning Services Manager Laura Carstens presented the Iowa Chapter of the America
Planning Association's 2009 Planning Excellence award for Innovation in Best Practices for
Sustainability for the Historic Millwork District Master Plan.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Voetberg. Resnick requested (#12) Historic Preservation
Commission -Fifth and Bluff Street Parking Ramp be held for separate discussion. Motion
carried 6-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 9/22; City
Council of 11/2; Civil Service Commission of 10/16; City Conference Board of 1/28; Historic
Preservation Commission of 10/22; Investment Oversight Advisory Commission of 10/28;
Zoning Advisory Commission of 11/4; Zoning Board of Adjustment of 10/22
Investment Oversight Commission's 66t" Quarterly Report
Proofs of publication of City Council Proceedings of October 19, 2009 and List of Claims
and Summary of Revenues for month ended September 30, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Michael Fitzpatrick for property damage; Geraldine M. Goodman for
personal injury; John Bechen for vehicle damage; Lola Volkert for personal injury; Matthew G.
Hurm 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: Michael Fitzpatrick for
property damage; Geraldine M. Goodman for personal injury. Upon motion the documents
were received and filed and concurred.
Lower Bee Branch Creek Restoration Project: City Manager recommending approval of an
Environmental Information Document as a prerequisite for the use of state revolving loan funds
(SRF) for the construction of the Lower Bee Branch Creek Restoration Project. Upon motion
the documents were received, filed, and approved.
Iowa 32 (Northwest Arterial) Capacity Improvements Project -Request for Proposals: City
Manager recommending approval of the issuance of a Request for Proposals (RFP) to seek
qualified firms interested in providing street and utility engineering design, geotechnical
investigation and testing for the improvements along IA 32, from US 20 to John F. Kennedy
Road. Upon motion the documents were received, filed, and approved.
Kephart Building -Roof Replacement Project: City Manager recommending acceptance of
the Kephart Building -Roof Replacement Project as completed by Giese Roofing Company in
the final contract amount of $81,107.00. Upon motion the documents were received and filed
and Resolution No. 433-09 Accepting the Kephart Building Roof Replacement Project and
authorizing the payment of the contract amount to the contractor was adopted.
Mines of Spain Exhibit and Educational Program Consultant: City Manager recommending
approval of the selection of Experience Design and direct City staff to negotiate a contract with
the firm for the Mines of Spain Interpretive Exhibit and Education Program. Upon motion the
documents were received, filed, and approved.
Digital Flood Insurance Rate Map (DFIRM): City Manager recommending approval of a
letter to the Federal Emergency Management Agency requesting changes to the Digital Flood
Insurance Rate Map (DFIRM) and stating that the City of Dubuque will not provide additional
GIS data requested by FEMA for the North End. Upon motion the document was received,
filed, and approved.
REAP Grant Agreement -Iowa 32 Bike/Hike Trail -Phase 3: City Manager recommending
approval of a $200,000 Fiscal Year 2010 REAP grant agreement for installation of Phase 3 of
the Iowa 32 Bike/Hike Trail. Upon motion the documents were received and filed and
Resolution No. 434-09 Authorizing REAP Grant Agreement with Iowa Department of Natural
Resources for the Iowa 32 Bike/Hike Trail -Phase 3 was adopted.
Purchase of Property - 347 East 19t" Street: City Manager recommending approval of the
purchase of a single family home located at 347 East 19t" Street which has been in serious
disrepair for a number of years. Upon motion the documents were received and filed and
Resolution No. 435-09 Approving the acquisition of real estate located at 347 East 19t" Street
in the City of Dubuque, Iowa, was adopted.
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Sale of Property - 351 East 15t" Street: City Manager recommending approval of the sale of
a single family residence located at 351 East 15t" Street. Upon motion the documents were
received and filed and Resolution No. 436-09 Approving the sale of real estate located at 351
East 15t" Street, in the City of Dubuque, Iowa, was adopted.
Utility Easement for Industrial Tech Building: City Manager recommending approval of an
easement that would allow Alliant to extend electrical lines and install a transformer to provide
electrical service to the Spec Building in the Dubuque Industrial Center West owned by Spiegel
Family Realty. Upon motion the documents were received and filed and Resolution No. 437-09
Disposing of an interest in real property by easement to Interstate Power and Light Company
was adopted.
Historic Preservation Commission - Fifth and Bluff Street Parking Ramp: Historic
Preservation Commission transmitting the HPC's comments and recommendations on the
proposed parking ramp located at the corner of Fifth and Bluff Streets, located in the Cathedral
Historic Preservation District.
City Manager recommending that the City Council take no action at this time regarding the
Fifth and Bluff Street Parking Ramp as staff continues to evaluate options based on available
funding. Motion by Resnick to receive and file the documents. Seconded by Jones. Motion
carried 6-0.
Floodwall Levee Slope Stabilization Project: City Manager recommending acceptance of the
Floodwall Levee Slope Stabilization Project as completed by Eastern Iowa Excavating and
Concrete, LLC, in the final contract amount of $224,617.91. Upon motion the documents were
received and filed and Resolution No. 438-09 Accepting the Floodwall Levee Slope
Stabilization Project and authorizing the payment of the contract amount to the contractor was
adopted.
Supplement #1 - Code of Ordinances: City Manager recommending approval of
Supplement #1 to the City of Dubuque Code of Ordinances. Upon motion the documents were
received and filed and Resolution No. 439-09 Adopting Supplement #1 to the Code of
Ordinances of the City of Dubuque was adopted.
I-JOBS Water Quality Fund Application -Lower Bee Branch Restoration Project: City
Manager recommending approval of the submittal of a $7,000,000 grant application to the
Iowa Finance Authority for I-JOBS Water Quality Fund money for the restoration of the Lower
Bee Branch. Upon motion the documents were received, filed, and approved.
-JOBS Water Quality Fund Application -Water Pollution Control Plant Replacement
Project: City Manager recommending approval of the submittal of a $5,000,000 grant
application to the Iowa Finance Authority for I-JOBS Water Quality Fund money for the
replacement of the Water Pollution Control Plant. Upon motion the documents were received,
filed, and approved.
Coalition for Various Telecommunication Filings: City Manager recommending approval of
committing up to $10,000 to join a coalition of communities to pool resources for various
telecommunications filings anticipated in the coming months. Upon motion the documents
were received, filed, and approved.
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Center for Energy and Environmental Education (CEEE): Communication to Kamyar
Enshayan, Director -Center for Energy and Environmental Education, expressing the City's
commitment to partner with the University of Northern Iowa's CEEE and, if possible, to host a
2010 Green Iowa AmeriCorps program in Dubuque starting in the fall of 2010. Upon motion the
document was received and filed.
Mediacom: Communication from Lee Grassley, Mediacom, advising of channel changes
which supersede the changes outlined in his letter dated October 23, 2009. Upon motion the
document was received and filed.
Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Prevention Program
(CLPPP): City Manager recommending approval of a contract with the Dubuque County Board
of Health and the Iowa Department of Public Health (IDPH) for continued funding of the
Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the
VNA for services related to the CLPPP. Upon motion the documents were received, filed, and
approved.
Civil Service Commission: Civil Service Commission submitting the Certified List for the
position of Medical Officer. Upon motion the documents were received and filed and made a
Matter of Record.
Human Rights Commission: Communication from Gretel Winterwood, 1555 Montrose
Terrace, advising that she will not be re-applying for a position on the Human Rights
Commission. Upon motion the document was received and filed.
Abstract of Votes: Dubuque County Board of Supervisors submitting the Abstract of Votes
for the General Election held the 3~d day of November, 2009. Upon motion the documents were
received and filed.
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. 440-09 Granting the issuance of a Class "B" Beer Permit to Jane's Indoor Party and Play
Center and a Class "C" Beer Permit to Plaza 20 Amoco; and Resolution No. 441-09 Granting
the issuance of a Class "B" (Hotel/Motel) Liquor License to Grand Harbor Resort/Water Park
and Hotel Julien Dubuque; a Class "C" Beer/Liquor License to Q and Bridge Restaurant; and a
Special Class "C" Liquor License to Cookin' Something Up were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones 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 6-0.
General Obligation Urban Renewal Bonds: City Manager recommending that a public
hearing be set for December 7, 2009 to consider approval of the issuance of not to exceed
$6,000,000 General Obligation Urban Renewal Bonds for costs associated with the
construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other public
improvements in the Historic Millwork District and the funding of grants, loans and other
financial assistance to private developers to assist in rehabilitation of existing buildings and
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construction of housing development projects in the Millwork District. Upon motion the
documents were received and filed and Resolution No. 442-09 Fixing date for a meeting on the
proposition of the issuance of not to exceed $6,000,000 General Obligation Urban Renewal
Bonds (for Urban Renewal purposes) of the City of Dubuque, Iowa, and providing for
publication of notice thereof was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on December 7, 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 December 7, 2009. Upon motion the documents were received and filed and
Resolution No. 443-09 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 December 7, 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:
Mississippi River Partnership Council: One 3-year term. through December 31, 2012.
Applicants: Anthony Allen, 575 Almond Street; Edward Cawley, 598 Needham Street; Kenneth
Oglesby, 990 W. 32"d Street; Walt Webster, 3509 Asbury Road. Mr. Cawley, Mr. Oglesby, and
Mr. Webster spoke in support of their appointment.
Plumbing Board: One 3-year term through November 2, 2012 (At-large term of Harris)
Applicant: Daniel Harris, 998 Indian Ridge
Transit Board of Trustees: One 3-year term through July 30, 2011 (Term of Curtis).
Applicant: Thomas Croissant Jr., 444 Angella Street #8
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone -Commerce Park: Proof of publication on notice of public hearing to
consider a request from Joel Callahan to rezone property located at Commerce Park from CS
Commercial Service and Wholesale District to R-4 Multi-Family Residential District and Zoning
Advisory Commission recommending denial. 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 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 56-09 Amending
the Unified Development Code by reclassifying hereinafter described property located at
Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi-Family
Residential District. Seconded by Voetberg. Joel Callahan, Callahan Construction, 7629
Commerce Park, explained the project and spoke in support of the request. Planning Services
Manager Laura Carstens provide a staff report. Speaking on behalf of the Zoning Advisory
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Commission, Chairperson Jeff Stiles stated that the plan Mr. Callahan presented to Council is
different than the plan the Commission recently considered. ECIA Regional Transit Authority
Manager Mark Munson and Greater Dubuque Development Corporation Executive Director
Rick Dickinson spoke in support of the request. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Every Child /Every Promise: Chad Chandlee, Every Child /Every Promise Board Chair,
introduced Executive Director Nancy Keedy. Motion by Jones to receive and file. Seconded by
Braig. Ms. Keedy gave a brief oral synopsis of the future goals of Every Child /Every Promise.
Motion carried 6-0.
Assistance Pool to Encourage Residential Housing in Downtown: City Manager
recommending that a pool of funds in the amount of $2.5 million be created to encourage new
residential housing units in downtown Dubuque and that a Request for Proposals be solicited
from developers who are interested in renovating existing structures in the downtown. Motion
by Voetberg to receive and file the documents and adopt Resolution No. 444-09 Approving the
creation of an assistance pool to encourage market-rate downtown rental and owner-occupied
residential units in the Greater Downtown Urban Renewal District and authorizing the City
Manager to solicit proposals for projects to create such units. Seconded by Connors. Greater
Dubuque Development Corporation Executive Director Rick Dickinson spoke in support of the
recommendation. Motion carried 6-0.
Port of Dubuque - Riverfront Marina Project: City Manager recommending approval to
locate an additional 43 transient boat slips (25 existing + 43 additional for a net total of 68
transient slips) with amenities as outlined in the City's grant proposal for the Port of Dubuque -
Riverfront Marina Project. Motion by Connors to receive and filed the documents and approve
the recommendation. Seconded by Voetberg. Braig read a prepared statement in opposition to
the recommendation. Resnick made comments in opposition to the recommendation. Assistant
City Engineer Bob Schiesl responded to questions from Council regarding the project's
feasibility and cost. Van Milligen .reiterated that the consultants identified a demand for
transient boats. Motion carried 4-2 with Resnick and Braig voting nay.
Washington Neighborhood Guidelines and Funding Sources: City Manager recommending
approval of proposed revisions to the financial incentives program promoting Washington
Neighborhood homeownership. Motion by Voetberg to receive and file the documents and
approve the recommendation. Seconded by Connors. Motion carried 6-0.
Acquisition of Property at Corner of South Grandview Avenue and Rockdale Road: City
Manager recommending acceptance of a donation from Mark Falb to acquire property at the
corner of South Grandview and Rockdale Road for development of a passive park. Motion by
Jones to receive and file the documents and approve the recommendation. Seconded by
Voetberg. Motion carried 6-0.
Mailboxes in City Right-of-Way: City Manager recommending approval of actions to be
taken to address the existing unauthorized structures in the City right-of-way, including an
amendment to the Code of Ordinances prohibiting any future mailbox structures or other
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encroachments of anon-breakaway design. 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 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 57-09 Amending City
of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments
on Public Places, by adopting a new Article F, Mailboxes, Establishing Standards for
Mailboxes in Public Rights-of-Way. Seconded by Braig. Motion carried 6-0.
Shot Tower Rehabilitation - Phase I: City Manager recommending rejection of all
competitive bid proposals for the Shot Tower Rehabilitation - Phase I Project and re-bid the
project. Motion by Connors to receive and file the documents and adopt Resolution No. 445-09
Rejecting all competitive bid proposals received for the Historic Shot Tower Rehabilitation
Project - Phase I and directing the City Clerk to re-advertise for bids for the project. Seconded
by Voetberg. Motion carried 5-0. (Jones out of room).
Dubuque Racing Association: Communication from the Dubuque Racing Association Board
of Directors requesting appointment of representatives to the DRA Board of Directors for 2009
(currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager
Michael C. Van Milligen). Motion by Connors to receive and file the documents and re-appoint
Mayor Buol and Council Members Lynch and Jones, and City Manager Van Milligen to the
DRA Board of Directors. Seconded by Braig. Motion carried 6-0.
State of Iowa Legislative Priorities - 2010 Session: City Manager recommending approval of
the State of Iowa Legislative Priorities for the 2010 session. Motion by Connors to receive and
file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-
0.
CLOSED SESSION
Motion by Jones at 8:44 p.m. to go into closed session regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)Q) Code of Iowa. Seconded by Connors.
Motion carried 6-0.
Upon motion at 9:13 p.m. the City Council reconvened in regular session stating that staff
had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:14 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 11/25
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