Minutes_City Council Proceedings 2 15 10 Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2010 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 called for the purpose of
discussing such matters which may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Mayor Roy D. Buol
PROCLAMATION
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League of Women Voters 90 Anniversary Week (February 15 – 20, 2010) was accepted by
League President Ann Michalski, 1520 Altura Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Connors requested (#20) Safe Community Task Force
Facilitator be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Telelprogramming Commission of 1/5; City
Conference Board of 3/11/09 and 1/14/10; City Council of 2/1, 2/8 and 2/10; Investment
Oversight Advisory Commission of 2/4; Library Board of Trustees of 12/17; Plumbing Board of
2/4; Zoning Advisory Commission of 2/3; Zoning Board of Adjustment of 1/28
Proofs of publication of City Council Proceedings of January 19, 2010 and List of Claims
and Summary of Revenues for month ended December 2009
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Investment Oversight Commission 67 Quarterly Report
Upon motion the documents were received and filed.
Notice of Claims/Suits: Schwan’s Home Service, Inc., for vehicle damage; Dorothy L. Lester
for personal injury. 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: Schwan’s Homes
Service, Inc., for vehicle damage; Dorothy L. Lester for personal injury and Lester Leubka for
personal injury. Upon motion the documents were received, filed, and concurred.
Salt Dome Conveyor Project: City Manager recommending acceptance of the Salt Dome
Conveyor Project as completed by Conlon Construction in the final contract amount of
$155,805. Upon motion the documents were received and filed and Resolution No. 36-10
Accepting the Salt Dome Conveyor Project and authorizing payment of the contract amount to
the contractor was adopted.
Montcrest Street Sanitary Sewer Extension Project: City Manager recommending
acceptance of the Montcrest Street Sanitary Sewer Extension Project as completed by
McDermott Excavating in the final contract amount of $66,822.14, and approval of the final
schedule of assessments. Upon motion the documents were received and filed and Resolution
No. 37-10 Accepting the Montcrest Street Sanitary Sewer Extension Project and authorizing
payment of the contract amount to the contractor and Resolution No. 38-10 Adopting the final
schedule of assessments for the Montcrest Street Sanitary Sewer Extension Project were
adopted.
2009 Manhole Replacement Project: City Manager recommending acceptance of the 2009
Manhole Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc., in the
final contract amount of $65,472.92. Upon motion the documents were received and filed and
Resolution No. 39-10 Accepting the 2009 Manhole Replacement Project and authorizing
payment of the contract amount to the contractor was adopted.
2009 Intake Reconstruction Project: City Manager recommending acceptance of the 2009
Intake Reconstruction Project as completed by Drew Cook & Sons Excavating Co., Inc., in the
final contract amount of $90,906.45. Upon motion the documents were received and filed and
Resolution No. 40-10 Accepting the 2009 Intake Reconstruction Project and authorizing
payment of the contract amount to the contractor was adopted.
North Fork Catfish Creek Project – Acceptance of Easements: City Manager recommending
approval of the acceptance of easements in connection with the North Fork Catfish Creek
Project. Upon motion the documents were received and filed and Resolution No. 41-10
Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of
Dubuque, Iowa – Car-Ann-Jo LLC; Resolution No. 42-10 Accepting a Grant of Easement for
sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of
Dubuque, Iowa – Dubuque Community Church; Resolution No. 43-10 Accepting a Grant of
Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa –
Yiannias Place; Resolution No. 44-10 Accepting a Grant of Easement for sanitary sewer for
North Fork Catfish Creek in the City of Dubuque, Iowa – Avenarius; Resolution No. 45-10
Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork
Catfish Creek in the City of Dubuque, Iowa – Mattroy, LLC; and Resolution No. 46-10
Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of
Dubuque, Iowa – Selchert Place were adopted.
South Siegert Farm Lease Extension: City Manager recommending approval of an
amendment of the farm lease with William and Janet Siegert for the North Siegert Farm to
provide for a one-year lease extension. Upon motion the documents were received and filed
and Resolution No. 47-10 Approving an amendment to the farm lease between the City of
Dubuque, Iowa, and William and Janet Siegert was adopted.
Amendment to Lease Agreement – Dubuque by Carriage: City Manager recommending
approval of the Eighth Amendment to the lease agreement with Carole Lindstrom of “Dubuque
by Carriage” to extend the original lease of the former Dock Board building until April 30, 2012.
Upon motion the documents were received, filed, and approved.
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Stipulation of Settlement – Property Tax Appeal: City Attorney recommending approval of
the Stipulation of Settlement for the Blue Moon Development Company 2009 property tax
appeal for the Dubuque/Galena Holiday Inn Hotel located at 450 Main Street. Upon motion the
documents were received, filed, and approved.
2009 Urban Revitalization Program Applications: City Manager recommending approval of
2009 Urban Revitalization Program applications for residential property tax exemptions. Upon
motion the documents were received and filed and Resolution No. 48-10 Approving residential
property tax exemption applications submitted by property owners in recognized urban
revitalization areas and authorizing the transmittal of the approved applications to the City
Assessor was adopted.
Black Hills Energy – Contract for Water Meter Reading: City Manager recommending
approval of a revised contract with Black Hills Energy to extend the contract for water meter
reading through December 2011 for completion of the water meter replacement project. Upon
motion the documents were received, filed, and approved.
418 / 420 Emmett Street – Lot Split: Zoning Advisory Commission recommending approval
of a lot split at 418 / 420 Emmett Street to create two new substandard lots. Upon motion the
documents were received and filed and Resolution No. 49-10 Approving a plat of survey of
Wedig Place in the City of Dubuque, Iowa, was adopted.
Legislative Correspondence: Communication to State Legislators providing a position
statement on House Study Bill 573 relating to flood plain management.
Communication to State Legislators in opposition to House Study Bill 608 concerning 500
year flood plain regulation.
Upon motion the documents were received and filed.
2009 National Park Service Annual Products Report: City Manager transmitting the 2009
National Park Service Annual Products Report and Baseline Questionnaire. Upon motion the
documents were received and filed.
HOME Partnership Program: Communication from the Iowa Department of Economic
Development advising that the City of Dubuque’s HOME Partnership Program has been
administered in substantial compliance with finance and program requirements. Upon motion
the document was received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the Vision Iowa Board intends to award the City of
Dubuque a Community Attraction and Tourism (CAT) marketing grant of $10,000 to promote
the Art Market. Upon motion the document was received and filed.
PEG Capital Grant Expenditure Request: City Manager recommending approval of a
request from the City of Dubuque for $15,000 from the Capital Grant for Access Equipment
and Facilities for a non-linear editing system to replace the original non-linear editing system
that is no longer able to digitize video and is not powerful enough to meet our current editing
needs. Upon motion the documents were received, filed, and approved.
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2009 Certified Local Government (CLG) Annual Report: City Manager submitting the 2009
Certified Local Government (CLG) Annual Report. Upon motion the documents were received
and filed.
Safe Community Task Force Facilitator: City Manager recommending approval of a contract
with Urban Strategies, Inc. to facilitate the Safe Community Task Force. Motion by Connors to
receive and file the documents and approve the recommendation. Seconded by Braig.
Connors provided an explanation of why the Task Force is hiring Urban Strategies as an
outside facilitator and read a biography of the company into the record. Van Milligen stated that
the Task Force will submit a progress report at the March 1, 2010 City Council meeting. Motion
carried 7-0.
Business License Refund: Request of Jack Thompson for a refund of the cigarette license
for Oky Doky #6 in the amount of $50.00. Upon motion the document was 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. 50-10 Granting the issuance of a Class “C” Beer Permit to Oky Doky #8; and Resolution
No. 51-10 Granting the issuance of a Class “C” Beer/Liquor License to Mr. Rogers Pub, Eagles
Club, Bulldog Billiards, Gin Rickey’s, Hammerheads and Tony’s Place; a Class “B” Wine to
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Oky Doky #8; and a Class “WBN” Native Wine to National Mississippi River Museum and 16
Street Auto / Truck Plaza were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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 7-0.
Lease Agreement – Dubuque Bruisers Football: City Manager recommending that a public
hearing be set for March 1, 2010 to consider a lease agreement with Dubuque Bruisers
Football for a section of Roosevelt Park. Upon motion the documents were received and filed
and Resolution No. 52-10 Resolution of intent to dispose of an interest in real property by
lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the
Historic Federal Building.
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Utility Relocation Project – 9 to 10 Street: City Manager recommending initiation of the
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public bidding process for the Utility Relocation Project – 9 to 10 Street and that a public
hearing be set for March 1, 2010, to consider approval of the plans and specifications, form of
contract and estimated cost. Upon motion the documents were received and filed and
Resolution No. 53-10 Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Utility Relocation
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Project – 9 to 10 Street was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on March 1, 2010 in the Historic Federal Building.
Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager
recommending that a public hearing be set for Tuesday, March 9, 2010 to consider adoption of
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the Fiscal Year 2011 Operating Budget and Capital Improvement Program. Upon motion the
documents were received and filed and Resolution No. 54-10 Setting the date for the public
hearing on the Fiscal Year 2011 Budget for the City of Dubuque and Resolution No. 55-10
Setting the date for the public hearing on the Five Year Capital Improvement Program for
Fiscal Years 2011 through 2015 for the City of Dubuque were adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on March 9, 2010 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to the following Commission: Community Development Advisory Commission.
Three 3-year terms through February 15, 2013 (Low/Moderate Income Term of Caldwell and
At-Large Term of Maloy). Applicants: Theresa Caldwell, 1633 Elm Street (Low/Moderate
Income Area); Paula Maloy, SVM, 2950 Kaufmann Avenue (At-Large). Motion by Braig to
appoint Teresa Caldwell and Paula Maloy, to the Community Development Advisory
Commission for 3-year terms through February 15, 2013. Ms. Caldwell to serve in the
Low/Moderate Income Area and Ms. Maloy to serve At-Large. Seconded by Connors. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City Council.
Request to Rezone – Historic Millwork District: Proof of publication on notice of public
hearing to consider a request from the City of Dubuque to rezone property located south of
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12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial
and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned
Commercial designation for the Historic Millwork District PUD and Zoning Advisory
Commission recommending approval.
City Manager recommending that the Historic Millwork District PUD ordinance be referred
back to the Zoning Advisory Commission to consider an amendment to the PUD in response to
concerns expressed by some property owners.
Motion by Connors to refer back to the Zoning Advisory Commission a proposed ordinance
Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances,
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by reclassifying hereinafter described property located south of 12 Street, east of White
Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial
District to PUD Planned Unit Development District with a PC Planned Commercial designation
for the Historic Millwork District PUD. Seconded by Voetberg. Motion carried 7-0.
Electric and Gas Franchise Fee Ordinances: Proof of publication on notice of public hearing
to consider ordinances increasing the franchise fee under the City’s Electric and Gas
Franchises with Alliant Energy, Black Hills Energy and Maquoketa Valley Electric Cooperative
from two percent to three percent and City Manager recommending approval.
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 Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 7-10 Increasing
the franchise fee of two percent (2%) of the gross revenue of Alliant Energy, its successors
and assigns, generated from the sale of electricity within the City of Dubuque to three percent
(3%); Ordinance No. 8-10 Increasing the franchise fee of two percent (2%) of the gross
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revenue of Black Hills Energy Corporation, its successors and assigns, generated from the
sale of natural gas within the City of Dubuque to three percent (3%); and Ordinance No. 9-10
Increasing the franchise fee of two percent (2%) of the gross revenue of Maquoketa Valley
Energy Cooperative, its successors and assigns, generated from the sale of electricity within
the City of Dubuque to three percent (3%). Seconded by Braig. Budget Director Jenny Larson
gave a slide presentation on the history of the franchise fee. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Address the City Council: Request of Cindy Kuhlmann, 1137 Oak Street, to
address the City Council in opposition to the construction of multi-family housing on Oak
Street. Motion by Lynch to receive and file the information. Seconded by Braig. Ms. Kuhlmann
spoke on behalf of the Oak Street area residents and cited safety, increased traffic, and bluff
erosion as major issues. Planning Services Manager Laura Carstens provided a zoning history
of the area confirming that the site is zoned R-2 Residential and stated that the project is
compliant with the Zoning Code. City Council recommended the neighbors try mediation with
the developers. Motion carried 7-0.
Dewane Lattner, 854 Cleveland Avenue, submitted correspondence related to the Oak
Street multi-family housing project. The documents were made a Matter of Record.
Preliminary Plat – Felderman Subdivision: Zoning Advisory Commission recommending
approval of the preliminary plat of Felderman Subdivision located on the Northwest Arterial /
Arboretum Drive. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Braig. Motion carried 7-0.
Downtown Housing Incentive Awards: City Manager recommending approval of four
projects to receive certain incentives to create new housing units within the Greater Downtown
Urban Renewal District and authorization to negotiate specific contracts. Motion by Connors to
receive and file the documents and adopt Resolution No. 56-10 Approving certain awards from
the Downtown Housing Incentive Pool to create new market-rate housing units within the
Greater Downtown Urban Renewal District. Seconded by Voetberg. Motion carried 7-0.
Free Ride Program with Dubuque Community School District: City Manager recommending
approval to renew the Free Ride Program with the Dubuque Community School District for the
school year of August 1, 2009 through July 31, 2010. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Braig. Resnick requested that the
program be reconsidered as a way to solve child obesity related to the “Let’s Move” program
by having children walk to school. Council Members stated that while they agreed with Mr.
Resnick’s idea, the Free Ride Program had many other benefits to consider. Motion carried 6-1
with Resnick voting nay.
Accessible Parking Snow Removal: City Manager recommending approval of an
amendment to the City’s Accessible Parking Ordinance which makes property owners, or the
property owner’s designee, responsible for the removal of snow from accessible parking
spaces and access aisles and prohibits storing snow on accessible spots and access aisles.
Motion by Connors to receive and file the documents and that the requirement that a proposed
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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 Connors for final consideration and passage of Ordinance No. 10-10 Amending
Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 6 Parking Spaces for the
Disabled, Section 9-14-321.705 Prohibited Use of Parking Places or Identification Devices of
the City of Dubuque Code of Ordinances by adding a new Subsection C Snow Removal
requiring the owner of any lot or parcel with accessible parking spaces and access isles from
allowing accumulations of snow or ice thereon. Seconded by Resnick. Motion carried 7-0.
Final Report of the Sustainability Task Force: City Manager transmitting the final report on
the activity of the Sustainability Task Force and recommending adoption of Dubuque’s
Sustainability Vision, Three-Part Model, and eleven Sustainability Principles as developed by
the Sustainability Task Force. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Braig. Mayor Buol thanked the members of the
Task Force for their contributions.
Cell Phone Ordinance (First Reading on February 1, 2010): Communications from Ron
Farni, Phillip Seer, Carolyn Thirtle, OSF, and Elaine and Vern Steil (submitting petition)
regarding the proposed cell phone ordinance. 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 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 11-10 Amending City
of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 10 Miscellaneous
Rules, by adding a new Section 9-10-400 Prohibiting the Use of Electronic Communications
Devices While Driving a Motor Vehicle. Seconded by Voetberg. Lynch stated that in light of the
ordinance currently being considered by the State, the City’s ordinance might be a waste of
time. Responding to questions from City Council, Van Milligen stated hands-free devices are
exempt, and limited signage will be posted on main roadways entering the city. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Voetberg reported that he has been appointed to the International Council for the National
League of Cities.
CLOSED SESSION
Motion by Jones at 7:55 p.m. to go into closed session regarding Collective Bargaining
Strategy pursuant to Chapter 20.17(3) Code of Iowa. Seconded by Braig. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 8:31 p.m. stating that staff
had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:32 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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