Minutes_City Council Proceedings 12 21 09 Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on December 21, 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 Mayor Roy D. Buol.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Jones requested (#22) Liquor and Tobacco License
Applications be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 12/7 and 12/10; Civil Service Commission
of 10/14, 11/6 and 12/11; Electrical Code Board of 11/23; Library Board of Trustees of 9/24
and 10/22; Transit Board of 12/14; Zoning Advisory Commission of 12/2
Proofs of publication of City Council Proceedings of November 16 and December 1, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: 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:
George Clark for property damage; John Corbett for vehicle damage. Upon motion the
documents were received, filed and concurred.
Professional Services for the Urban Forest Evaluation: City Manager recommending
approval of the issuance of a Request for Proposals for the Urban Forest Evaluation. Upon
motion the documents were received, filed, and approved.
Port of Dubuque Usage Policies: City Manager recommending approval of two revisions to
the Usage Policies for the Alliant Energy Amphitheater, Mississippi Riverwalk and American
Trust River’s Edge Plaza. Upon motion the documents were received, filed, and approved.
Westbrook Park: City Manager recommending approval of a lease agreement with Callahan
Construction for development of a temporary Westbrook Park. Upon motion the documents
were received, filed, and approved.
Administrative Services Agreement with Express Scripts: City Manager recommending
approval of the Administrative Services Agreement with Express Scripts for the City’s
Prescription Drug Program. Upon motion the documents were received, filed, and approved.
2009 Annual Tax Increment Financing (TIF) Report: City Manager transmitting the 2009
Annual Tax Increment Financing (TIF) Report. Upon motion the documents were received and
filed.
Dubuque Human Rights Commission Annual Report: City Manager transmitting the 2009
Dubuque Human Rights Commission Annual Report. Upon motion the documents were
received and filed.
General Obligation Urban Renewal Bond Proceeds – New Parking Ramp: City Manager
recommending approval to reassign the remaining General Obligation Urban Renewal Bond
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proceeds for the ramp construction at 10 Street and Central Avenue. Upon motion the
documents were received and filed and Resolution No. 465-09 Re-allocating funds was
adopted.
Sewer Revenue Capital Loan Notes, Series 2010A: City Manager recommending approval
of the suggested proceedings to complete action required on the Sewer Revenue Capital Loan
Notes from the Iowa Water Pollution Control Works Financing Program under the State of Iowa
Revolving Fund Loan (SRF) program. Upon motion the documents were received and filed and
Resolution No. 466-09 Authorizing and providing for the issuance and securing the payment of
$1,141,000 Sewer Revenue Capital Loan Notes, Series 2010A by the City of Dubuque, Iowa
under the provisions of Chapter 384 of the Code of Iowa, providing for a method of payment
thereof, approving Loan and Disbursement Agreements, and other related matters was
adopted.
Storm Water Utility Revenue Capital Loan Notes, Series 2010B: City Manager
recommending approval of the suggested proceedings to complete action required on the
Storm Water Revenue Capital Loan Notes from the Iowa Water Pollution Control Works
Financing Program under the State of Iowa Revolving Fund Loan (SRF) program. Upon motion
pproving and
the documents were received and filed and Resolution No. 467-09 A
authorizing a form of Loan and Disbursement Agreements by and between the City of
Dubuque and the Iowa Finance Authority, and authorizing and providing for the
issuance and securing the payment of $998,000 Storm Water Utility Revenue Capital
Loan Notes, Series 2010B, of the City of Dubuque, Iowa, under the provisions of the
Code of Iowa, and providing for a method of payment of said Notes was adopted.
Federal Emergency Management Agency (FEMA): City Manager recommending approval of
a letter to the Federal Emergency Management Agency (FEMA) requesting changes to the
preliminary digital flood insurance rate map for the Dubuque Industrial Center West. Upon
motion the documents were received, filed and approved..
Barton Randle Second Addition – Plat of Survey: Zoning Advisory Commission
recommending approval of the Plat of Survey of Barton Randle Second Addition. Upon motion
the documents were received and filed and Resolution No. 468-09 Approving a Plat of Survey
of Barton Randle Second Addition in the City of Dubuque, Iowa, was adopted.
2009 Public Right-of-Way Assessments: City Manager recommending approval of the levy
of special assessments for four property owners who failed to complete required replacements
or corrections to sidewalks, driveways, excavation surface patches or obstruction removal in
2009. Upon motion the documents were received and filed and Resolution No. 469-09
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Adopting the final assessment schedule for the 2009 Public Right-of-Way Assessment
properties was adopted.
Fire Station No. 4 Door Modifications Project: City Manager recommending acceptance of
the Fire Station No. 4 Door Modifications Project as completed by Portzen Construction, Inc.,
in the final contract amount of $61,593.00. Upon motion the documents were received and
filed and Resolution No. 470-09 Accepting the Fire Station No. 4 Door Modifications Project
and authorizing payment of the contract amount to the contractor was adopted.
US Highway 52 Resurfacing Project: City Manager recommending acceptance of the US
Highway 52 Resurfacing Project as completed by River City Paving, Inc., a division of Mathy
Construction, Inc., in the final contract amount of $1,128,514.44. Upon motion the documents
were received and filed and Resolution No. 471-09 Accepting the US Highway 52 Resurfacing
Project and authorizing payment of the contract amount to the contractor was adopted.
Operation: New View Community Action Agency: Communication from Becky Jenkins,
Operation: New View Community Action Agency, advising that Operation: New View and the
Earned Income Tax Credit (EITC) Outreach Task Force will be hosting the 2010 EITC
Awareness Day on January 29, 2010. Upon motion the documents were received and filed.
Childhood Lead Poisoning Prevention Program (CLPPP): City Manager recommending
approval of a contract revision with the VNA for services related to the Childhood Lead
Poisoning Prevention Program (CLPPP). Upon motion the documents were received, filed, and
approved.
2009 Tax Appeal – Stipulation of Settlement: City Attorney submitting the Stipulation of
Settlement in the 2009 tax assessment appeal of Richard V. and Charlene L. Hansel Living
Trusts. Upon motion the documents were received and filed.
Purchase of Property – 1545 South Grandview Avenue: City Manager recommending
acceptance of the Warranty Deed from Scott J. Nelson for property located at 1545 South
Grandview Avenue for the purpose of creating a City park. Upon motion the documents were
received and filed and Resolution No. 472-09 Accepting the deed to certain real estate in
Dubuque County, Iowa from Scott J. Nelson was adopted.
Signed Contracts: Water Pollution Control Plant Replacement Project – Strand Associates,
Inc. Amendment #1 Clarification; Ecosmart Building Professional Services Agreement. Upon
motion the documents were received and filed.
Liquor and Tobacco License Applications: City Manager recommending approval of annual
liquor license renewals as submitted. Motion by Jones to receive and file the documents and
adopt Resolution No. 473-09 Granting the issuance of permits to sell cigarettes to Iowa Street
Market, Gas N Go (4110 Dodge Street), and Gas N Go (3270 Dodge Street); Resolution No.
474-09 Granting the issuance of a Class “B” Beer Permit to UAW Local #94 and a Class “C”
Beer Permit to Clark of Dubuque and Iowa Street Market; and Resolution No. 475-09 Granting
the issuance of a Class “C” Beer/Liquor License to Bowling and Beyond, Las Margaritas and
the Moracco; a Class “C” Beer/Liquor License (Five-day Special Event) to Restoration Trust
LLC; a Class “B” Wine Permit to Iowa Street Market; and a Class “WBN” Native Wine Permit to
Engraved Gift Collection and Hy-Vee Gas #2. Seconded by Voetberg. Jones stated that the
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Restoration Trust LLC license is for a community New Year’s event that will benefit the
Dubuque Rescue Mission and Restoration Trust. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Voetberg 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 Connors. Motion carried 7-0.
General Obligation Urban Renewal Bonds: City Manager recommending that a public
hearing be set for January 4, 2010 to consider the issuance of not to exceed $2,500,000
General Obligation Urban Renewal Bonds. Upon motion the documents were received and
filed and Resolution No. 476-09 Fixing date for a meeting on the proposition of the issuance of
not to exceed $2,500,000 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 January 4, 2010
in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to 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. Motion by Connors to appoint William Kinsella and Robert Schaub
to the Housing Code Board of Appeals for 3-year terms through January 11, 2013. Seconded
by Resnick. Motion carried 7-0.
Human Rights Commission: One 3-year term through January 1, 2012 (Term of Driskell).
Three 3-year terms through January 1, 2013 (Terms of Eddy, 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; R.R.S. (Rachael) Stewart,
460 Summit Street; Robert Yunk, 815 Rose Street, #2. Upon roll-call vote Lori Apel, Lynn
Sutton, and Pam Sharrad were appointed to the Human Rights Commission for 3-year terms
through January 1, 2013, and R.R.S. Stewart was appointed to a 3-year term through January
1, 2012.
Mediacom Charitable Foundation: Two 1-year terms through December 31, 2010 (Terms of
Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly Lane; and Connie Twining,
421 North Booth Street. Motion by Lynch to appoint Gail Chavenelle and Connie Twining to the
Mediacom Charitable Foundation for 1-year terms through December 31, 2010. Seconded by
Braig. Motion carried 7-0.
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 approval.
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Communication from Ron and Jane Ainley regarding the rezoning change to Lot 8 of
Westbrook Subdivision next to the industrial park.
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 Resnick. Motion carried 7-0.
Motion by Jones to receive and file the documents and adopt Ordinance No. 60-09
Amending Title 16 of the City of Dubuque Code of Ordinances 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 Resnick. Joel Callahan, Callahan
Construction, 1769 Commerce Park, spoke in support of the rezoning. Planning Services
Manager Laura Carstens provided a staff report. Motion carried 7-0.
Request to Rezone – North End of Millstone Drive: Proof of publication on notice of public
hearing to consider a request from Brian Kane / Westside Arterial Development, LLC to rezone
property located at the north end of Millstone Drive from R-1 Single Family Residential District
and R-3 Moderate Density Multi-Family Residential District to PR Planned Residential District
and Zoning Advisory Commission recommending denial.
Communications from Daniel and Janice Smith, Don and Shirley Foley, Terry and Jenny
Balk, Lynn and Fred Waelchi, Ronald and Joan Holm, and Fred and Mary Sievers in
opposition to the proposed rezoning of the north end of Millstone Drive.
Motion by Connors to receive and file the documents and concur with the denial of a
proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located southeast of the
intersection of the Northwest Arterial and Plaza Drive from R-1 Single-Family Residential and
R-3 Moderate Density Multi-Family Residential Districts to PUD Planned Unit Development
District with a PR Planned Residential designation and adopting a conceptual development
plan. Seconded by Voetberg. Attorney Brian Kane, 2100 Asbury Road, described the project
and spoke in support of the request to rezone on behalf of Westside Arterial Development
owners Wayne Briggs and Tom Kelzer, 137 Main Street. Planning Services Manager Laura
Carstens and Zoning Advisory Commission Chairperson Jeff Stiles provided a staff report.
Attorney John Freund, 1005 Main Street, spoke on behalf of the residents of Harvest View
Estates and spoke in opposition to specific issues involving the current site plan. Original
property owner Marty Helle, 2553 Wheatland Drive, provided background regarding the sale of
the property and described issues over the original covenants and the current owners’ site
plan. Mark Gudenkauf, 2493 Hilton Spring Drive; Steve Mai, 2592 Hilton Springs Drive, Nick
Goodman, 2774 University Avenue; Dan Smith, 2569 Wheatland Drive; Bobby Martin, 2544
Wheatland Drive; Mike Fitzpatrick, 2585 Wheatland Drive; Mark Elenz, 2505 Wheatland Drive;
Terry Balk 2498 Millstone Drive; Mike Sievers, 2544 Hilton Springs Drive; and Fred Waelchi,
2537 Wheatland Drive spoke in opposition to the rezoning or in opposition to specific elements
of the current proposed development. Greater Dubuque Development Corporation Executive
Director Rick Dickinson, 300 Main Street, spoke in support of the rezoning and cited the
community’s immediate need for quality housing. Mr. Kane provided rebuttal. Motion to deny
the request to rezone carried 6-1 with Lynch voting nay.
Upon motion the rules were reinstated limiting discussion to the City Council.
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ACTION ITEMS
Landlord Notification Regarding Police Calls for Service: City Manager transmitting
information on the recently implemented system being used to notify rental property landlords
or managers of selected police calls for service occurring at the properties they either own or
manage. Motion by Connors to receive and file the documents. Seconded by Braig. Motion
carried 7-0.
Establishment and Management of Community Garden Program: City Manager
recommending approval to initiate the Request for Proposals process for the Establishment
and Management of the Community Garden Program. Motion by Voetberg to receive and file
the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-1
with Lynch voting nay.
Preliminary Master Plan for Roosevelt Park: City Manager submitting the preliminary Master
Plan for re-development of Roosevelt Park and requesting City Council review and comments.
Motion by Jones to receive and file the documents. Seconded by Lynch. Leisure Services
Manager Gil Spence provided a staff report. Council expressed their satisfaction with the
design elements and congratulated Mr. Spence on his upcoming retirement. Motion carried 7-
0.
Loras College Usage Agreement: City Manager recommending approval to negotiate a
Usage Agreement with Loras College for the use of Petrakis Park. Motion by Connors to
receive and file the documents and approve the recommendation. Seconded by Braig. Motion
carried 7-0.
Usage Agreement with Clarke College: City Manager recommending approval to negotiate a
Usage Agreement with Clarke College for the use of Veterans’ Memorial Park Field #2. Motion
by Jones to receive and file the documents and approve the recommendation. Seconded by
Resnick. Motion carried 7-0.
I-Jobs Affordable Housing Program Assistance Grant Application: City Manager
recommending approval of an I-Jobs Affordable Housing Assistance Grant application to the
Iowa Finance Authority for the Historic Washington Neighborhood Rowhouse Project. Motion
by Voetberg to receive and file the documents and adopt Resolution No. 477-09 Approving an
I-Jobs Affordable Housing Program Assistance Grant Application to the Iowa Finance Authority
for the Historic Washington Neighborhood Rowhouse Project. Seconded by Jones. Motion
carried 7-0.
Safe Community Task Force: City Manager transmitting an update on the progress of the
Safe Community Task Force. Motion by Braig to receive and file the documents. Seconded by
Jones. Verbal reports were provided by Rachael Daack, Research and Facts Committee; Lynn
Sutton, Neighborhood Engagement Committee; Terry Tobin, Enforcement Committee; and
Joyce Connors, Management of Physical Environment Committee. Motion carried 7-0.
Historic Shot Tower Rehabilitation Project – Phase I: City Manager recommending award of
the contract for the Historic Shot Tower Rehabilitation Project – Phase I to Klauer Construction
Co. in the base bid amount of $520,400.00. Motion by Voetberg to receive and file the
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documents and adopt Resolution No. 478-09 Awarding public improvement contract for the
Historic Shot Tower Rehabilitation Project – Phase I. Seconded by Jones. Motion carried 7-0.
Federal Legislative Priorities: City Manager recommending approval of the City’s 2010
Federal Legislative Priorities. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Lynch. Motion carried 7-0.
Fiscal Year 2011 Budget Policy Guidelines: City Manager recommending approval of the
Budget Policy Guidelines for Fiscal Year 2011. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Lynch. Resnick stated that he will
not support a property tax rate increase. Jones stated that item #10 relating to salary increases
over the amount budgeted for salaries should be omitted as he believes it is the definition of
bad-faith bargaining. Motion carried 5-2 with Jones and Resnick voting nay.
COUNCIL MEMBER REPORTS
Voetberg reported that he has been appointed to the Legislative Policy Committee for the
Iowa League of Cities. He requested that staff research cell phone usage while driving and to
draft an ordinance banning the practice. Voetberg also requested a work session to review the
First Transit contract. Council reached consensus to have staff schedule a work session at the
earliest convenience in January or February 2010.
There being no further business, upon motion the City Council adjourned at 9:40 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 12/30
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