Minutes_City Council Proceedings 1 19 101
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 PM on January 19, 2010 in the
Historic Federal Building.
Present: Mayor Pro -Tem Resnick, City Council Members Braig, Connors, Jones, Lynch,
Voetberg, Assistant City Manager Steinhauser, City Attorney Lindahl
Absent: Mayor Buol, City Manager Van Milligen
Mayor Pro Tem Resnick 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 Tim LoBianco of Resurrection Church
PROCLAMATION
Earned Income Tax Credit (EITC) Awareness Day (January 29, 2010) was accepted by
Tom Stovall, Operation: New View Community Acton Agency, 1473 Central Avenue.
CONSENT ITEMS
Motion by Connors 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: Cable Community Teleprogramming Commission of 11/3;
City Council of 1/4; Historic Preservation Commission of 12/17; Library Board of Trustees of
11/17; Zoning Advisory Commission of 1/6; Zoning Board of Adjustment of 12/17
Carnegie Stout Public Library Board of Trustees Update from Meeting of December 17,
2009
Proof of publication of City Council Proceedings of December 21 and 30, 2009
Upon motion the documents were received and filed.
Notice of Claims /Suits: Donna Clough for personal injury; John W. Thomas for property
damage; Tschiggfrie Excavating Company for property damage; and Vicky Fuller 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: Cheryl Ludovissy for
vehicle damage; Sally Lang for personal injury / vehicle damage; Ron Burds for vehicle
damage; Richard Hanson for vehicle damage; Donna Clough for personal injury; John W.
Thomas for property damage; and Arthur Cotton for vehicle damage. Upon motion the
documents were received, filed and concurred.
Fiscal Year 2010 Annual Action Plan — Amendment #2: City Manager recommending
approval of the second amendment to the Fiscal Year 2010 Annual Action Plan. Upon motion
the documents were received and filed and Resolution No. 9 -10 Approving a Fiscal Year 2010
(Program Year 2009) Annual Action Plan — Amendment #2 for Community Development Block
Grant (CDBG) Homelessness Prevention and Rapid Re- Housing (HPRP) and Community
Development Block Grant Recovery (CDBG -R) funds was adopted.
Grass and Weed Cutting Assessments: City Manager recommending approval to certify
grass and weed cutting charges to the Dubuque County Treasurer in order to establish real
property liens for collection of such charges. Upon motion the documents were received and
filed and Resolution No. 10 -10 Authorizing the City to collect delinquent grass and weed
cutting and garbage collection charges in accordance with Title 6- 6 -3C2o; Title 6 -6 -4B3 and
Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted.
Vacant and Abandoned Buildings (VABs) and Problem Property Assessments: City
Manager recommending approval of vacant and abandoned building and problem property
assessments. Upon motion the documents were received and filed and Resolution No. 11 -10
Authorizing the City to collect delinquent vacant and abandoned building and problem property
charges in accordance with Title 6- 6 -3B1h; Title I6 -6 -4B3 and Title 6 -6B of the Code of
Ordinances of the City of Dubuque, Iowa, was adopted.
Curtis Collection: City Attorney transmitting the fully executed Bill of Sale for the Curtis
Collection from Dubuque Cultural Preservation Committee to the Dubuque Museum of Art.
Upon motion the documents were received and filed.
Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Communication from Chuck
Goddard, Agency Administrator for DMASWA, submitting the Agency's Fiscal Year 2011 fee
schedule which goes into effect on July 1, 2010. Upon motion the documents were received
and filed.
Downtown Design Guidelines: City Manager recommending approval of the proposed
expansion of the Downtown Design Guidelines (DDG) area to be consistent with the southern
boundary of the Greater Downtown Urban Renewal District. Upon motion the documents were
received, filed, and approved.
Plat of Survey — Pinchuck - Herrig Place: Zoning Advisory Commission recommending
approval of the Plat of Survey of Pinchuck - Herrig Place as requested by Buesing and
Associates. Upon motion the documents were received and filed and Resolution No. 12 -10
Approving Plat of Survey of Pinchuck - Herrig Place was adopted.
Thomas Place Guardrail and Curb and Gutter Replacement Project: City Manager
recommending acceptance of the Thomas Place Guardrail and Curb and Gutter Replacement
Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount
of $35,547.35. Upon motion the documents were received and filed and Resolution No. 13 -10
Accepting the Thomas Place Guardrail and Curb and Gutter Replacement Project and
authorizing payment of the contract amount to the contractor was adopted.
Asbury Plaza Area Wastewater Pumping Facilities: City Manager recommending
acceptance of the Asbury Plaza Area Wastewater Pumping Facilities as completed by
McDermott Excavating in the final contract amount of $550,845.47. Upon motion the
documents were received and filed and Resolution No. 14 -10 Accepting the Asbury Plaza Area
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Wastewater Pumping Facilities Project and authorizing payment of the contract amount to the
contractor was adopted.
Cottingham and Butler, Inc. — CEBA and EZ Amendments: City Manager recommending
approval of an amendment to the CEBA and EZ agreements with Cottingham and Butler, Inc.,
which extends their job creation deadline by one year. Upon motion the documents were
received and filed and Resolution No. 15 -10 Authorizing the approval of an amendment to the
CEBA and Enterprise Zone Agreements with Cottingham & Butler Insurance Service was
adopted.
Clean Water State Revolving Fund Rules: Communication to the Iowa Department of
Natural Resources conveying the City of Dubuque's comments on proposed changes to
Chapter 90 of the Code of Iowa regarding the Clean Water State Revolving Fund rules. Upon
motion the document was received and filed.
Citizen Communication: Communication from Sandy Amberg, 80 Croydon Crest, regarding
fluoridation in the City's water system. Upon motion the document was received, filed and
referred to the City Manager.
Environmental Stewardship Advisory Commission: Communication from the Environmental
Stewardship Advisory Commission regarding fundraising car washes and stormwater
management. Upon motion the document was received, filed and referred to the City Manager.
Signed Contracts: The Ferguson Group for Energy Efficiency and Conservation Block Grant
(EECBG) Strategic / Grant Writing Services. Upon motion the document was received and
filed.
Business License Refund: Request of Road Ranger, LLC for a refund of Liquor Licenses
#BCO29103 and #BC0029104. 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. 16 -10 Granting the issuance of a Class "C" Beer Permit to El Paisano Grocery Store; and
Resolution No. 17 -10 Granting the issuance of a Class "C" Beer /Liquor License to Mario's
Italian Restaurant, Taiko Japanese Restaurant and The Lounge; a Special Class "C" (BW)
Liquor License to Cafe Manna Java West; and a Class "B" Wine Permit to Dubuque Religious
Center were adopted.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Braig 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 6 -0.
Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be
set for February 1, 2010 to consider the issuance of not to exceed $1,000,000 Water Revenue
Capital Loan Notes. Upon motion the documents were received and filed and Resolution No.
18 -10 Fixing date for a meeting on the authorization of a Forgivable Loan and Disbursement
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Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes
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 February 1, 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: Long Range Planning Advisory Commission. One 3 -year term
through July 1, 2012 (Term of Stein). Applicants: Bryan Clark, 455 Moore Heights; Lou
Oswald, 1080 Nowata Street; and John Pregler, 1525 Pego Court. Mr. Pregler spoke in
support of his appointment. Mr. Anglese's application was withdrawn.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone — Langworthy Neighborhood District: Proof of publication on notice of
public hearing to consider a request from Terry Mozena / Langworthy Neighborhood
Association to rezone a portion of the Langworthy Neighborhood District from R -2 Two - Family
Residential District to R -1 Single - Family Residential District and Zoning Advisory Commission
recommending approval.
Communication from David Klavitter, 1090 West 3rd Street, in support of the proposed
rezoning of a portion of the Langworthy Neighborhood District.
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. 1 -10 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located partially within the Langworthy Historic District from R -2
Two - Family Residential District to R -1 Single - Family Residential District. Seconded by
Voetberg. Terry Mozena, 1036 West 3 Street spoke in support of the proposed ordinance.
Planning Services Manager Laura Carstens provided a staff report. Speaking on behalf of the
Zoning Advisory Commission, Chairperson Jeff Stiles stated that all affected residents except
one support the request. Motion carried 6 -0.
Text Amendment — Off - Premise Sign Area: Proof of publication on notice of public hearing
to consider a request from the City of Dubuque to amend Article 15 -12 of the Unified
Development Code regarding off - premise sign areas. 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 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 2 -10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing
Section 15 -12 Off- Premise Signs and adopting a new Section 15 -12 Off - Premise Signs in lieu
thereof pertaining to the regulations of off - premise signs along state and federal highways and
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near historic districts. Seconded by Braig. Planning Services Manager Laura Carstens
provided a staff report. Motion carried 6 -0.
Individual Historic Designation — 44 Main Street: Proof of publication on notice of public
hearing to consider the Individual Historic Designation for 44 Main Street and Historic
Preservation 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 Voetberg. Motion carried 6 -0.
Motion by Jones for final consideration and passage of Ordinance No. 3 -10 Amending Title
16, Unified Development Code of the City of Dubuque Code of Ordinances by adding Article
10- 7(C)(4) Establishing an individually designated historic property at 2537 Windsor Avenue
and by adding Article 10- 7(C)5) Establishing an individually designated historic property at 44
Main Street. Seconded by Voetberg. Motion carried 6 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Proudly Accessible Dubuque (PAD): Communications from Katrina Wilberding advising that
the Mississippi Riverwalk and River's Edge Plaza, the City Trolley — Dubuque, and Ice Harbor
Boat Docks have been named as Proudly Accessible Dubuque businesses. Motion by
Connors to receive and file the documents. Seconded by Braig. Connors commended and
thanked Wilberding for her professionalism and success with the City's accessibility
compliance. Motion carried 6 -0.
Federal Emergency Management Agency (FEMA): City Manager recommending approval of
the submittal of revised talking points to federal legislators related to the Federal Emergency
Management Agency new flood area maps. Motion by Braig to receive and file the documents
and approve the recommendation. Seconded by Connors. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Connors reported on her attendance at the emergency management exercise held at the
Fire Training Facility earlier in the day.
It 1/27
/s /Jeanne F. Schneider, CMC
City Clerk
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