1 4 10 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 PM on January 4, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Jones, Lynch, Resnick, Voetberg, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Connors
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 Father John Haugen, Loras College
SWEARING IN
Mayor Roy D. Buol by City Clerk Jeanne F. Schneider
City Council Member At-Large Ric Jones by Mayor Roy D. Buol
City Council Member First Ward Kevin Lynch by Mayor Roy D. Buol
Mayor Pro-Tem David T. Resnick by Mayor Roy D. Buol
PROCLAMATION
Martin Luther King Days (January 17 and 18) was accepted by Faces and Voices
representative Reverend Tim Bees, 1401 Henion Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 6-0.
Minutes and Reports Submitted: City Council of 12/21; Community Development Advisory
Commission of 12/2 and 12/16
Proofs of publication of City Council Proceedings of December 7 and 10, 2009 and Lists of
Claims and Summary of Revenues for month ended November 30, 2009.
Upon motion the documents were received and filed.
Notice of Claims/Suits: Richard L. Hanson for vehicle damage; Anna Paradiso for vehicle
damage; Ron and Ann Burds for vehicle damage; Arthur Cotton for vehicle damage; Sally A.
Lang (for Courtney Meyer) for vehicle damage; Cheryl Ludovissy for vehicle 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: Anna Paradiso for
vehicle damage. Upon motion the document was received, filed, and concurred
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Citizen Petition: Petition from the citizens of East 24 Street requesting that their street be
put on the odd/even snow route. Upon motion the document was received, filed, and referred
to the City Manager.
North Fork Trails Subdivision: City Manager recommending acceptance of the public
improvements on Keymont Drive which the developer, 4-ALL, LLC, has recently completed in
North Forks Trails – Lots 10 through 18 and Lots A and B. Upon motion the documents were
received and filed and Resolution No. 1-10 Approving public improvements in North Fork Trails
– Lots 10 through 18 and Lots A and B was adopted.
RESOLUTION NO. 1-10
ACCEPTING PUBLIC IMPROVEMENTS IN NORTH FORK TRAILS – LOTS 10 THROUGH
18 AND LOTS A AND B
Whereas, pursuant to Resolution 135-09, certain public improvements including street
paving with curb and gutter, sanitary sewer, watermain, storm sewer, catch basins, stormwater
detention, and street lighting were installed by the developer of North Forks Trails – Lots 10
through 18 and Lots A and B; and
Whereas, the improvements have been completed and the City Manager has examined the
work and has filed a certificate stating that the same has been completed in accordance with
the plans approved by the City Council and in conformance with City specifications, and has
recommended that the improvements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said public
improvements in North Forks Trails – Lots 10 through 18 and Lots A and B be and the same is
hereby accepted.
Section 2. That maintenance of said public improvements, except permeable streets, shall
be the responsibility of the owner and contractor for a period of two (2) years from the date of
this resolution.
Section 3. Street maintenance, except for snow removal and deicing, shall be the
responsibility of the owner, 4-ALL, LLC, until 80 percent (7 lots) of the lots are improved.
Maintenance by the owner will consist of routine inspection, sweeping and/or vacuuming any
sediment from the void area or subgrade and adding pervious material to the void area as
necessary. The street maintenance shall also include the removal and replacement of pavers,
as necessary, to maintain the design gradient and design cross section of the street.
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Passed, approved and adopted this 4 day of January, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Plat of Survey – Sisters of St. Francis Place: City Manager recommending approval of the
plat of survey of Sisters of St. Francis Place as requested by the Sisters of St. Francis. Upon
motion the documents were received and filed and Resolution No. 8-10 Approving plat of
survey of Sisters of St. Francis Place in the City of Dubuque, Dubuque County, Iowa, was
adopted.
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RESOLUTION NO. 8-10
APPROVING PLAT OF SURVEY OF SISTERS OF SAINT FRANCIS PLACE IN CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
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dated the 15 day of December, 2009, prepared by Buesing & Associates, describing Lot 1
and Lot 2 of Sisters of Saint Francis Place in the City of Dubuque, Dubuque County, Iowa; and
Whereas, upon said Plat of Survey of Sisters of Saint Francis Place appears additional
street right-of-way for existing Roosevelt Street, which owners by said Plat of Survey have
dedicated to the public forever; and
Whereas, the Plat of Survey of Sisters of Saint Francis Place has been reviewed by the City
Planner and had her approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and that they find that
it conforms to the laws and statutes relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of additional right-of-way for existing Roosevelt Street as it
appears upon said plat, be and the same hereby accepted.
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Section 2. That the Plat of Survey, dated the 15 day of December, 2009, prepared by
Buesing & Associates, relative to the real estate hereinabove described be and the same is
hereby approved, and the Mayor and City Clerk be and they are hereby authorized and
directed to execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
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Passed, approved and adopted this 4 day of January, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Comprehensive Annual Financial Report (CAFR): City Manager transmitting the 2009
Comprehensive Annual Financial Report (CAFR). Upon motion the documents were received
and filed.
28E Agreement – Collection of Parking Tickets: City Manager recommending approval of a
28E Agreement between the City of Dubuque and the Dubuque County Treasurer’s Office for
the collection of unpaid parking tickets. Upon motion the documents were received, filed, and
approved.
Crown Communities Press Release: Press release announcing that the City of Dubuque
has been named a 2009 “Crown Community” by American City & County magazine. Upon
motion the document was received and filed.
Request for Proposals – Transit Bus Wrap Advertisement: City Manager recommending
approval to issue a Request for Proposals for KeyLine Transit bus wrap advertisement. Upon
motion the documents were received, filed, and approved.
Community Access Preservation (CAP) Act of 2009: City Manager recommending that the
City support the Community Access Preservation (CAP) Act of 2009 (HR 3745) by making this
a federal legislative priority. Upon motion the documents were received, filed, and approved.
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LSC Transportation Consultants, Incomprehensive Operational Analysis Report: City
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Manager transmitting the Comprehensive Operational Analysis Report as completed by LSC
Transportation Consultants, Inc. regarding the KeyLine Transit system. Upon motion the
documents were received and filed.
Loras College Usage Agreement: City Manager recommending approval of the Usage
Agreement with Loras College for the use of Petrakis Park. Upon motion the documents were
received and filed and Resolution No. 2-10 Approval of Usage Agreement with Loras College
for use of Petrakis Park was adopted.
RESOLUTION NO. 2-10
APPROVAL OF USAGE AGREEMENT WITH LORAS COLLEGE FOR PETRAKIS FIELD
Whereas, the City of Dubuque, Iowa (City) is the owner of Petrakis Field, in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, Loras College desires to use the property exclusively for college baseball games
and practices; and
Whereas, the City Council finds that it is in the best interest of the City to approve the Usage
Agreement.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa approves the Usage Agreement
with Loras College for Petrakis Field.
Section 2. The Mayor is hereby authorized and directed to sign this resolution and the
Usage Agreement.
Passed, approved and adopted this 4th day of January, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Clarke College Usage Agreement: City Manager recommending approval of the Usage
Agreement with Clarke College for the use of Veterans’ Memorial Park Field #2. Upon motion
the documents were received and filed and Resolution No. 3-10 Approval of Usage Agreement
with Clarke College for use of Veterans’ Memorial Park Field #2 was adopted.
RESOLUTION NO. 3-10
APPROVAL OF USAGE AGREEMENT WITH CLARKE COLLEGE FOR VETERANS’
MEMORIAL PARK, FIELD 2
Whereas, the City of Dubuque, Iowa (City) is the owner of Veterans’ Memorial Park, Field 2,
all in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Clarke College desires to use the property exclusively for college softball games
and practices; and
Whereas, the City Council finds that it is in the best interest of the City to approve the Usage
Agreement.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa approves the Usage Agreement
with Clarke College for Veterans’ Memorial Park, Field 2.
Section 2. The Mayor is hereby authorized and directed to sign this resolution and the
Usage Agreement.
Passed, approved and adopted this 4th day of January, 2010.
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Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Tobacco Compliance – Civil Penalties for Tobacco License Holders: City Manager
recommending approval of the Acknowledgement / Settlement Agreements for a first offense
civil tobacco compliance penalty regarding Iowa Code § 453A.22 (2) to McCann’s Service, 690
West Locust Street, and a second offense civil tobacco compliance penalty to Econo Foods,
3355 John F. Kennedy Circle, and Casey’s General Store #2420, 2699 Rockdale Road; and
scheduling civil penalty hearings for February 1, 2010 on a second offense for Oky Doky, 1256
Iowa Street and a third offense for Road Ranger, 2175 Central Avenue. Upon motion the
documents were received, filed, and approved setting a penalty hearing for a meeting to
commence at 6:30 PM on February 1, 2010 in the Historic Federal Building.
Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement / Settlement Agreements for a first offense
alcohol compliance violation for first offense violation for The Dog House Lounge, 1646 Asbury
Road, Family Mart, 3201 Central Avenue, Champps Americana, 3100 Dodge Street, Beecher
Beverage, 1691 Asbury Road, Wal-Mart, 4200 Dodge Street, Paul’s Tavern, 176 Locust
Street, Econo Foods, 3355 John F. Kennedy Circle, The Grand Tap, 802 Central Avenue,
Neighbor’s Tap, 1899 Rockdale Road; and second offense violation for Oky Doky, 1256 Iowa
Street and Road Ranger, 2175 Central Avenue and setting second offense civil penalty
hearings for February 1, 2010 for Oky Doky, 1256 Iowa Street and Road Ranger, 2175 Central
Avenue. Upon motion the documents were received, filed, and approved setting a penalty
hearing for a meeting to commence at 6:30 PM on February 1, 2010 in the Historic Federal
Building.
ADA Readily Achievable Inspections: City Manager transmitting a report on ADA Readily
Achievable Inspections. Upon motion the documents were received and filed.
Legislative Correspondence: Correspondence to State Legislators requesting their support
and assistance in amending Iowa’s state video franchising law. Upon motion the documents
were received and filed.
Enterprise Zone Commission Appointments: City Manager recommending confirmation of
three appointments to the City’s Enterprise Zone Commission. Upon motion the documents
were received and filed and the appointments confirmed.
Signed Contracts: Miller & Van Eaton Coalition Agreement and Amendment to the Service
Agreement with IIW for the Miller Riverview Park Expansion Project. Upon motion the
documents were received and filed.
Business License Refunds: Request of Steven E. Brooks, Road Ranger, LLC, for a refund
of $50.00 for the unused cigarette license for Road Ranger #160 and Road Ranger #161.
Upon motion the documents were 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. 4-10 Granting the issuance of a Class “B” Beer Permit to Pizza Hut #4691 and #4690; and
a Class “C” Beer Permit to Hartig Drug; and Resolution No. 5-10 Granting the issuance of a
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Class “B” (Hotel/Motel) Liquor License to Champps Americana; Class “C” Beer/Liquor License
to Breezers Pub and The Screaming Eagle Bar; and a Class “B” Wine Permit to Hartig Drug #4
were adopted.
RESOLUTION NO. 4-10
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “B” BEER PERMIT
NCP International, Inc. Pizza Hut #4691+(Sunday Sale) 320 E. 20 th Street
NCP International, Inc. Pizza Hut #4690+(Sunday Sale) 2075 JFK Road
CLASS “C” BEER PERMIT
Hartig Drug Company Hartig Drug+(Sunday Sale) 2225 Central Avenue
Passed, approved and adopted this 4th day of January, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 5-10
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “B”(HOTEL/MOTEL) LIQUOR LICENSE
Dodge Street Entertainment Champps Americana 3100 Dodge Street
+(Sunday/Outdoor Sale)
CLASS “C” BEER/LIQUOR LICENSE
Breezers Pub Company Breezers Pub+(Sunday Sale) 600 Central Avenue
Kevin J. Stoffel The Screaming Eagle Bar 2600 Central Avenue
+(Sunday Sale)
CLASS “B” WINE
Hartig Drug Company Hartig Drug # 4 2225 Central Avenue
Passed, approved and adopted this 4th day of January, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the document, 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 6-0.
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Fiscal Year 2011 Annual Action Plan: City Manager recommending that a public hearing be
set for February 16, 2010 to consider the Fiscal Year 2011 Community Development Block
Grant (CDBG) Annual Action Plan. Upon motion the documents were received and filed and
Resolution No. 6-10 Setting a public hearing on the Fiscal Year 2011 (Program Year 2009)
Community Development Block Grant (CDBG) Annual Action Plan was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on February 16, 2010 in the Historic
Federal Building.
RESOLUTION NO. 6-10
SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2011 (PROGRAM YEAR 2009)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN.
Whereas, the City of Dubuque has, through a series of public meetings and hearings,
finalized a Fiscal Year 2011 (Program Year 2010) Community Development Block Grant
Annual Action Plan addressing both housing and non-housing needs in the community; and
Whereas, copies of the draft Fiscal Year 2011 (Program Year 2010) CDBG Annual Action
Plan will be available for public comment for 30 days prior to City Council action; and
Whereas, the City's Community Development Advisory Commission has reviewed and
recommended adoption of the Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet in the Historic Federal Building, Council
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Chambers, 2 Floor, 350 West 6 Street, Dubuque, Iowa, at 6:30 p.m. on February 16, 2010
for the purpose of holding a public hearing and taking action on the Fiscal Year 2011 (Program
Year 2010) Community Development Block Grant Annual Action Plan.
Section 2. That the City Clerk be and is hereby authorized and directed to publish a notice
of such public hearing and the City Council’s intent to review and take action on the Fiscal
Year 2011(Program Year 2010) Community Development Block Grant Annual Plan.
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Passed, approved and adopted this 4 day of January, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Council
General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing
to consider the issuance of not to exceed $2,500,000 General Obligation Urban Renewal
Bonds and City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 7-10 Instituting proceedings to take additional action for
the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds.
Seconded by Jones. Motion carried 6-0.
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RESOLUTION NO. 7-10
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $2,500,000 GENERAL OBLIGATION URBAN RENEWAL
BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the issuance of not to
exceed $2,500,000 General Obligation Urban Renewal Bonds, for the purpose of paying costs
of aiding in the planning, undertaking and carrying out of urban renewal project activities under
the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal Area, including those costs
associated with the funding of grants, loans and other forms of financial assistance to private
developers to assist in rehabilitation of existing buildings and construction of housing
development projects located throughout the Greater Downtown Urban Renewal Area, and no
petition was filed calling for a referendum thereon. The following action is now considered to
be in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional action
for the sale and issuance in the manner required by law of not to exceed $2,500,000 General
Obligation Urban Renewal Bonds for the foregoing purposes.
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Passed and approved this 4 day of January, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were suspended limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council: Request of Jason Emanuelson to address the City
Council regarding Mediacom. Motion by Lynch to receive and file the information. Seconded by
Braig. Jason Emanuelson, 3704 Pennsylvania Avenue, spoke regarding his belief that the City
and Mediacom should explore a broader partnership Motion carried 6-0.
Channel 17 Management: City Manager recommending approval for Loras College to take
over the day-to-day management and operation of Dubuque’s shared educational channel,
Channel 17. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Braig. Motion carried 6-0.
Transit Management Services – Request for Proposals: City Manager recommending
approval of the issuance of a Request for Proposals for Transit Management Services. Motion
by Lynch to receive and file the documents and approve the recommendation. Seconded by
Braig. Motion carried 6-0.
Cell Phone Ordinance: City Attorney requesting direction on some issues regarding a cell
phone ordinance. Motion by Lynch to receive and file the documents. Seconded by Resnick.
Council Members discussed concerns regarding public safety, enforcement issues, and haste
in drafting a proposed ordinance. Council directed the City Attorney to include the banning of
texting, continue to explore the banning of all electronic devises, and consider exceptions for
hands-free and GPS devices and genuine calls for emergency service. Motion carried 6-0.
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City Council Appointments: Communication from M. Thomas Stovall, Executive Director of
Operation: New View Community Action Agency, requesting that the City make appointments
to the Board of Directors at the first meeting in January 2010 (currently City Council Members
Ric Jones and David Resnick), and a representative appointed by the City Manager.
Mayor and City Council appointments to various Boards and Commissions.
Motion by Lynch to receive and file the documents and approve the current list of
appointments. Seconded by Braig. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Resnick reported on the retirement of local musician and radio personality Paul Hemmer
and the passing of local theatrical performer Sue Lynch-Huerta.
There being no further business, upon motion the City Council adjourned at 7:43 PM.
/s/Jeanne F. Schneider, CMC
City Clerk
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