Minutes_City Counci Proceedings 12 7 09
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on December 7, 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 Jay Hilten of St. John's Lutheran Church.
PROCLAMATION
Human Rights Day (December 10, 2009) was accepted by AmeriCorps VISTA Member Abi
Cahak, 1357 Main Street.
PRESENTATION
Planning Services Manager Laura Carstens presented 1000 Friends of Iowa 2009 Best
Development and Leadership Award for the Historic Millwork District Plan and Cuningham
Architecture.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Resnick requested (#15) Amendment to the Request for
Proposals (RFP) Financial Assistance Pool be held for separate discussion. Connors
requested (#22) LK Development & Storage, LLC, be held for separate discussion. Motion
carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 10/27;
City Council of 11/16, 11/17 and 12/1; Community Development Advisory Commission of
11/18; Historic Preservation Commission of 11/19; Housing Commission of 10/27; Human
Rights Commission of 10/12; Park and Recreation Commission of 11/10; Transit Board of 10/8
and 11/12; Zoning Board of Adjustment of 11/19
Proofs of publication of City Council Proceedings of November 2, 16, and 17, 2009 and List
of Claims and Summary of Revenues for month ended October 31, 2009
Library Board of Trustees Update from the meetings of October 22 and November 17, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: John Corbett for vehicle damage; George Clark for property
damage. Upon motion the documents were received, 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: Matthew Hurm for
vehicle damage; Lola Volkert for personal injury; John Bechen for vehicle damage. Upon
motion the documents were received, filed, and concurred.
Champions for Inclusive Communities: Press release from the Champions for Inclusive
Communities advising that Dubuque has been recognized as a “Star Community” by the
Champions for Inclusive Communities. Upon motion the document was received and filed.
School Resource Officer (SRO) Agreement: City Manager recommending approval of the
Fiscal Year 2009 / 2010 School Police Officer Agreement between the City of DubuquePolice
Department and the Dubuque Community School District. Upon motion the documents were
received, filed, and approved.
Human Rights Commission: Communication from Kelly Larson, Human Rights Director,
advising of the resignation of Terry Driskell from the Human Rights Commission.
Communication from Char Eddy advising that she will not be re-applying for another term on
the Human Rights Commission.
Upon motion the documents were received and filed and the resignations accepted.
Online Employment Application Vendor Services Agreement: City Manager recommending
approval of the Online Employment Application Vendor Services Agreement with NeoGov.
Upon motion the documents were received, filed, and approved.
Administrative Services Fee Renewal – Flexible Spending Plan: City Manager
recommending approval of the Administrative Services Fee Renewal for the City’s flexible
spending plan. Upon motion the documents were received, filed, and approved.
IA 32 Traffic Improvements – Consultant Selection: City Manager recommending approval
of the selection of IIW Engineers & Surveyors, PC for the IA 32 Capacity Improvements
Project. Upon motion the documents were received, filed, and approved.
2008 Asphalt Paving Program: City Manager recommending acceptance of the 2008
Asphalt Paving Program as completed by River City Paving in the final contract amount of
$226,131.41. Upon motion the documents were received and filed and Resolution No. 446-09
Accepting the 2008 Asphalt Paving Program and authorizing payment of the contract amount
to the contractor was adopted.
Foye Street Sidewalk / Curb and Gutter Repair Project: City Manager recommending
acceptance of the Foye Street Sidewalk / Curb and Gutter Repair Project as completed by
Drew Cook & Sons Excavating, Inc. in the final contract amount of $47,821.40. Upon motion
the documents were received and filed and Resolution No. 447-09 Accepting the Foye Street
Sidewalk / Curb and Gutter Repair Project and authorizing payment of the contract amount to
the contractor was adopted.
Garfield Avenue Retaining Wall Reconstruction Project: City Manager recommending
acceptance of the Garfield Avenue Retaining Wall Reconstruction Project as completed by Top
Grade Excavating, Inc. in the final contract amount of $87,601.19. Upon motion the documents
were received and filed and Resolution No. 448-09 Accepting the Garfield Avenue Retaining
Wall Reconstruction Project and authorizing payment of the contract amount to the contractor
was adopted.
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Ramona / Pamela Court Slab Replacement Project: City Manager recommending
acceptance of the Ramona / Pamela Court Slab Replacement Project as completed by
Portzen Construction, Inc. in the final contract amount of $67,773.15. Upon motion the
documents were received and filed and Resolution No. 449-09 Accepting the Ramona /
Pamela Court Slab Replacement Project and authorizing payment of the contract amount to
the contractor was adopted.
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West 32 Street Detention Basin Project: City Manager recommending acceptance of the
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West 32 Street Detention Basin Project as completed by Tschiggfrie Excavating Company in
the final contract amount of $1,711,836.54. Upon motion the documents were received and
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filed and Resolution No. 450-09 Accepting the West 32 Street Detention Basin Project and
authorizing payment of the contract amount to the contractor was adopted.
I-Jobs Affordable Housing Assistance Program Grant Application: City Manager
recommending approval of an I-Jobs Affordable Housing Assistance Program grant application
to the Iowa Finance Authority (IFA) on behalf of Michelle Mihalakis for her Salvia House
project. Upon motion the documents were received and filed and Resolution No. 451-09
Approving an I-Jobs Affordable Housing Program Assistance grant application to the Iowa
Finance Authority on behalf of Michelle Mihalakis / Salvia House was adopted.
Amendment to the Request for Proposals (RFP) – Financial Assistance Pool: City Manager
recommending approval of an amendment to the Request for Proposals requirements to make
additional properties eligible for the pool of funds to encourage developers and property
owners to create new residential units in the Greater Downtown Urban Renewal District.
Motion by Resnick to receive and file the documents and adopt Resolution No. 452-09
Approving an amendment to the Request for Proposals to encourage market-rate downtown
rental and owner-occupied residential units in the Greater Downtown Urban Renewal District.
Seconded by Braig. Motion carried 7-0.
Iowa Finance Authority Dubuque Housing Study: City Manager transmitting a report from
the Iowa Finance Authority (IFA) about Dubuque’s rental housing market. Upon motion the
documents were received and filed.
Vacuum Filter Building Back-Up Power Supply Project: City Manager recommending
acceptance of the Vacuum Filter Building Back-Up Power Supply Project as completed by
Morse Electric, Inc. in the final contract amount of $3,461.49. Upon motion the documents
were received and filed and Resolution No. 453-09 Accepting the Vacuum Filter Building Back-
Up Power Supply Project and authorizing payment of the contract amount to the contractor
was adopted.
Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project: City Manager
recommending acceptance of the Eagle Point Water Plant West Clear Well Phase II Pipe
Coating Project as completed by Superior Painting and Epoxy Coating, LLC in the final
contract amount of $1,812.80. Upon motion the documents were received and filed and
Resolution No. 454-09 Accepting the Eagle Point Water Plant West Clear Well Phase II Pipe
Coating Project and authorizing payment of the contract amount to the contractor was
adopted.
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Vision Iowa Grant for Art Market: City Manager recommending approval of the submittal of a
$15,000 Vision Iowa grant application to cover the costs of promoting the Summer 2010 Art
Market. Upon motion the documents were received, filed, and approved.
Iowa Power Fund Community Grant Application: City Manager transmitting the Iowa Power
Fund Community Grant Application submitted on behalf of the City of Dubuque, Dubuque Area
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Chamber of Commerce and the Community Foundation of Greater Dubuque for the Dubuque
Initiative. Upon motion the documents were received and filed.
Letter of Support – YMCA: City Manager recommending approval of a letter of support on
behalf of the Community Y’s application for ACHIEVE Healthy Communities Program funding.
Upon motion the documents were received, filed and approved.
LK Development & Storage, LLC: Communication from Attorney Brian Kane, representing
LK Development & Storage, LLC, requesting that the building located at 3040 Elm Street be
removed from the City’s historic conservation district. Motion by Connors to receive and file the
documents and refer to the City Manager. Seconded by Voetberg. Van Milligen stated that any
recommendations from staff regarding the property would have to come back to the City
Council. Motion carried 7-0.
Drug Awareness Resistance Education (DARE) Contract: City Manager recommending
approval of the 2009 / 2010 DARE contract between the City of Dubuque, the Dubuque
Community School District and the Holy Family Catholic Schools. Upon motion the documents
were received, filed, and approved.
I-JOBS Green Urban Stormwater Program: City Manager transmitting an application for
$100,000 in funding for a green alley through the I-JOBS Green Urban Stormwater program.
Upon motion the documents were received and filed.
Signed Contracts: Water Pollution Control Plant Replacement Project – Eco Smart Building
Additional Agreement. Upon motion the documents were received, filed, and 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. 456-09 Granting the issuance of a Class “C” Beer License to Jannah Corporation (3270
Dodge Street), Jannah Corporation (4100 Dodge Street), Sam’s Club, Hy-Vee #2, and Kwik
Stop Food Mart; and Resolution No. 457-09 Granting the issuance of a Class “B” (Hotel/Motel)
Liquor License to Holiday Inn Dubuque Five Flags; Class “C” Beer/Liquor License to Instant
Replay, Pepper Sprout, and Cue Masters Billiard; Class “B” Wine permit to Sam’s Club and
Hy-Vee #2; and Class “WBN” Native Wine License to I Luv Food were adopted.
Northern Lights Hockey, LLC:City Manager recommending that the City consent to the
Assignment by Battlefield Dubuque, LLC of its interest in the Development Agreement
between the City, Dubuque Ice and Recreation Center and the Dubuque Racing Association to
Northern Lights Hockey, LLC. Upon motion the documents were received and filed and
Resolution No. 458-09 Consenting to the assignment by Battlefield Dubuque, LLC of its
interest in the Development Agreement between and among the City of Dubuque, Iowa (City),
Dubuque Ice and Recreation Center, Inc. (DICE), Dubuque Racing Association (DRA), and
Battlefield Dubuque, LLC (Battlefield) was adopted.
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the documents, 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.
Individual Historic Designation – 44 Main Street: Historic Preservation Commission
recommending that a public hearing be set for January 19, 2010 to consider approval of the
Individual Historic Designation for 44 Main Street. Upon motion the documents were received
and filed setting a public hearing for a meeting to commence at 6:30 p.m. on January 19, 2010
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 Code Appeals Board: Two 3-year terms through
January 11, 2013 (Terms of Kinsella and Schaub). Applicants: William Kinsella, 2 Julien
Dubuque Drive; Robert Schaub, 1745 Embassy West Drive.
Human Rights Commission: Four 3-year terms through January 1, 2013 (Terms of Eddy,
Driskell, Oswald and Winterwood). Applicants: Lori Apel, 3315 Spring Valley Road; Marquita
Bolden, 2757 Ventura Drive, #2; Lynn Sutton, 876 Yale Court, #1; Pam Sharrad, 836 Air Hill
Street; Robert Yunk, 815 Rose Street, #2; R.R.S. (Rachael) Stewart, 460 Summit Street. Ms.
Stewart, Ms. Sutton, and Mr. Yunk spoke in support of their respective appointments.
Mediacom Charitable Foundation: Two 1-year terms through December 31, 2010 (Terms of
Chavenelle and Twining). Applicants: Gail Chavenlle, 1155 Kelly Lane; and Connie Twining,
421 North Booth Street.
Appointments to the following Boards/Commissions: Mississippi River Partnership Council
One 3-year term through December 31, 2012. Applicants: Anthony Allen, 575 Almond
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Street; Edward Cawley, 598 Needham Street; Kenneth Oglesby, 990 W. 32 Street; Walt
Webster, 3509 Asbury Road. Upon roll-call vote, Edward Cawley was appointed to the
Mississippi River Partnership Council for a 3-year term through December 32, 2012.
Plumbing Board: One 3-year term through November 2, 2012 (At-large term of Harris).
Applicant: Daniel Harris, 998 Indian Ridge. Motion by Braig to re-appoint Daniel Harris to the
Plumbing Board for a 3-year term through November 2, 2012. Seconded by Connors. Motion
carried 7-0.
Transit Board of Trustees: One 3-year term through July 30, 2011 (Term of Curtis).
Applicant: Thomas Croissant Jr., 444 Angella Street #8. Motion by Connors to appoint Thomas
Croissant, Jr., to the Transit Board of Trustees for a 3-year term through July 30, 2011.
Seconded by Jones. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Dubuque Industrial Center – Planned Unit Development District (Tabled on July 6, 2009):
City Manager requesting that this item be tabled to June 7, 2010.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/
Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial
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Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of
property from open space to commercial and Zoning Advisory Commission recommending
approval, with conditions. Motion by Connors to remove from the table and retable until June 7,
2010, a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for
the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32
(Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07. Seconded by
Voetberg. Motion carried 7-0.
General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing
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 construction of housing development projects in the
Millwork District and City Manager recommending approval. Motion by Jones to receive and
file the documents and adopt Resolution No. 459-09 Instituting proceedings to take additional
action for the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds.
Seconded by Voetberg. Motion carried 7-0.
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 specifications,
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. 460-09 Approving plans,
specifications, form of contract, and estimated cost for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Reconstruction Project – Phase III. Seconded by Connors.
Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Water Meter Change Out Project Vendor Selection: City Manager recommending approval
to award the contract for the Water Meter Change Out Project to Northern Water Works Supply
in the estimated amount of $5,493,293, subject to all contract, insurance and bonding issues
being resolved with the City and approved by the Iowa Department of Natural Resources and
the Iowa Finance Authority. Motion by Connors to receive and file the documents and adopt
Resolution No. 461-09 Awarding a contract to Northern Water Works Supply for the Water
Meter Change Out Project for the City of Dubuque, Iowa. Seconded by Jones. Motion carried
7-0.
Report on Rental Housing and Arrest Activity in the City of Dubuque: City Manager
transmitting results of the Report on Rental Housing and Arrest Activity in the City of Dubuque
and recommending pursuit of additional information. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Jones. President and CEO Bob
Woodward and Research Coordinator Len Decker of Alta Vista Research, 1450 Alta Vista
Street, provided a slide presentation outlining the goals, objectives, process, and data findings
of the study. City Council discussion included expressing disappointment in how the process
was started, exercising caution so as not to blame all Section 8 recipients; requesting updates
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from the Safe Community Task Force, concern over the voucher program and its effects on the
elderly and disabled recipients, study the relationship to crime in all programs and not just
Section 8, and information and collection of data from a wider time frame and length of time
required to compete the study. Motion carried 7-0.
Section 8 Administrative Plan: City Manager informing the City Council of amendments to
the Section 8 Administrative Plan. Motion by Jones to receive and file the documents.
Seconded by Resnick. Motion carried 7-0.
Direct Financial Assistance Application – Creative Frontier, Inc.: City Manager
recommending approval of a Direct Financial Assistance application to the Iowa Department of
Economic Development on behalf of Creative Frontier, Inc. to assist with relocating its
operations to Dubuque. Motion by Connors to receive and file the documents and adopt
Resolution No. 462-09 Authorizing the filing of an IDED Direct Financial Assistance Application
on behalf of Creative Frontier, Inc. Seconded by Jones. Motion carried 7-0.
Holiday Decorations in Washington Park: Communication from Tammy Welbes, Dubuque
Junior Chamber, requesting that the City assist the Dubuque Junior Chamber with $600.00 for
Christmas decorations in Washington Park.
City Manager recommending approval of a request from the Dubuque Junior Chamber for
$600.00 to replace the holiday decorations in Washington Park.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Braig. Motion carried 6-1 with Resnick voting nay.
KeyLine Bus Advertisement Improvements: City Manager recommending approval to
pursue bus wrap advertisements on KeyLine buses. Motion by Braig to receive and file the
documents and approve the recommendation. Seconded by Connors. Resnick read opposing
comments into the record. Motion carried 5-2 with Resnick and Braig voting nay.
Parking Ramp Construction Location: City Manager recommending switching the priority
order of the two previously approved downtown ramps and first build the ramp behind Fire
Headquarters as project funding is available to build a 7-story ramp with 475 spaces, which is
a net gain of 352 vehicles. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Lynch. Motion carried 6-1 with Resnick voting nay.
Tax Increment Financing (TIF) Ordinance for the Greater Downtown Urban Renewal
District: City Manager recommending adoption of an ordinance amending the tax increment
financing district for the Greater Downtown Urban Renewal District. 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 Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 58-09 Amending
Ordinance Nos. 60-08, 63-07, 20-07, 35-04, 30-82 and 66-89, as previously amended,
providing that general property taxes levied and collected each year on all property located
within the Greater Downtown Urban Renewal District of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special
fund for payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said City in connection with the Urban
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Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Braig. Motion
carried 7-0.
Response to Possible Termination of the Municipal Cable Franchise: City Manager
requesting City Council direction regarding Mediacom’s possible termination of the Municipal
Cable Franchise. Motion by Jones to receive and file and pursue a combination of all options
presented and securing a price on a feasibility study. Seconded by Connors. Cable TV
Coordinator Craig Nowack provided a slide presentation on the significant provisions of the
City’s franchise agreement with Mediacom and the State’s certificate of franchise authority and
outlined recommended options. Option #1 Enforceable Community Partnership Agreement
with Mediacom; Option #2 Amend State Law; Option #3 Litigation; and Option #4 Combine
Options #1 & #3. Nowack recommended commissioning another feasibility study regarding the
formation of a municipal telecommunications utility. Assistant City Attorney Tim O’Brien stated
that an amendment to the state law probably could not be made retroactive but a legislative
provision could sunset state franchise agreements with new and incumbent providers should
competitive providers not develop. Nowack added that recommendations will be presented to
City Council. Motion carried 7-0.
Fines for Speed Restrictions Ordinance: City Manager recommending approval of an
amendment to the Code of Ordinances that adopts a change in the fine amount for excessively
speeding in zones greater than 55 miles per hour to be consistent with the Iowa Code. 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 Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 59-09 Amending
the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7
Operation, Section 9-7-321.285 Limits Generally, establishing the fine for each mile in excess
of 20 miles per hour over the speed limit in zones greater than 55 miles per hour. Seconded by
Braig. Voetberg asked for a review of the speed limit on University Avenue from Bluff Street to
Delhi Street. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol expressed the City Council’s gratitude to Police Lieutenant Scott Baxter and the
first responders with regard to the recent armed robbery at Knicker’s Bar.
CLOSED SESSION
Motion by Jones at to go into closed session at 9:03 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa.
Upon motion the City Council reconvened in regular session at 9:31 p.m. stating that staff
had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:32 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 12/16
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