Minutes_City Council Proceedings_Regular 3 1 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on March 1, 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 of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Dr. Reverend Winston Persaud of Wartburg Seminary.
PROCLAMATION
Recognition of Lieutenant Scott Baxter Proclamation was accepted by Lt. Baxter.
REPORT ON INITIATIVES TO ADDRESS CRIME AND SAFETY
Members of the Safe Community Task Force provided a slide presentation report of the
Task Force’s progress and recommendations. Task Force members spoke on the following
associated topics: Assistant City Attorney Crenna Brumwell – Task Force history, membership,
neighborhood resource management, recently modified ordinances, and landlord
collaborations; Task Force Member Lynn Sutton – 2010 Task Force recommendations; Police
Chief Mark Dalsing – Police Department statistics, initiatives and partnerships; Human Rights
Director Kelly Larson – Human Rights Department services; Housing and Community
Development Director David Harris – Housing programs, enforcement, modification proposals,
and successes; Washington Neighborhood Corporation Executive Director Angela Petsche –
WNC history and focus areas; Sustainability Coordinator Cori Burbach – sustainability and
related sustainable projects; Project HOPE Coordinator and Multi-Cultural Center
Representative Alyssa Hauser – Bridges Out of Poverty, Getting Ahead in a Just-Getting-By
World, Every Child/Every Promise and the Multi-Cultural Center’s history and programming;
Economic Development Director Dave Heiar – Greater Dubuque Development Corporation’s
Dubuque Works, job growth, and Historic Millwork District development; Acting Leisure
Services Manager Pat Prevenas – recreational programs; and Neighborhood Development
Specialist Jerelyn O’Connor – Neighborhood Associations and development projects.
The City Council recessed from 8:00 p.m. to 8:03 p.m.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Resnick. Jones requested (#15) Citizen Communication from William
C. Fuerste be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of February 11, 15 and 16; Civil Service
Commission of 12/11 and 2/16; Housing Commission of 1/26; Historic Preservation
Commission of 2/18; Human Rights Commission of 1/11; Long Range Planning Advisory
Commission of 2/17; Park and Recreation Commission of 2/9
Library Board of Trustees Update from the Meeting of January 28 and Special Meeting of
February 11, 2010
Proofs of publication of City Council Proceedings of February 1, 8, 10, and 11, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Hazel Curiel for vehicle damage; Everett Corley for vehicle damage;
Elmer Robinson 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: Elmer Robinson for
vehicle damage; Hazel Curiel for vehicle damage. Upon motion the documents were received,
filed, and concurred.
Deborah and Jeffrey Drive Drain Tile Program: City Manager recommending acceptance of
the Deborah and Jeffrey Drive Drain Tile Program as completed by Top Grade Excavating,
Inc., in the final contract amount of $44,407.74. Upon motion the documents were received
and filed and Resolution No. 57-10 Accepting the Deborah and Jeffrey Drive Drain Tile Project
and authorizing payment of the contract amount to the contractor was adopted.
Oak Grove Sanitary Sewer and Water Main Extension Project: City Manager recommending
acceptance of the Oak Grove Sanitary Sewer and Water Main Extension Project as completed
by Drew Cook and Sons Excavating Co., Inc. in the final contract amount of $128,564.81.
Upon motion the documents were received and filed and Resolution No. 58-10 Accepting the
Oak Grove Sanitary Sewer and Water Main Project and authorizing payment of the contract
amount to the contractor and Resolution No. 59-10 Adopting the final assessment schedule for
the Oak Grove Sanitary Sewer and Water Main Extension Project were adopted.
City Development Board: Notice of public hearing from the City Development Board in the
matter of the City of Asbury voluntary annexation including non-consenting owners within the
urban area of the City of Dubuque. Upon motion the documents were received and filed.
Urban Forest Evaluation Proposals: City Manager recommending approval of the selection
of Confluence as the City’s consultant for the Urban Forest Evaluation project and that City
staff be authorized to negotiate a contract for services. Upon motion the documents were
received, filed, and approved.
Miller Riverview Park – Management Agreement: City Manager recommending approval of
the Management Agreement for camping at Miller Riverview Park with Kenneth M. Clayton.
Upon motion the documents were received, filed, and approved.
Bunker Hill Golf Course – Management Agreement: City Manager recommending approval
of a Management Agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1, 2010 and ending November 30, 2010. Upon motion
the documents were received, filed, and approved.
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Lead Poisoning Prevention Program Evaluation: City Manager transmitting information
regarding the Health Services Department’s participation in the Centers for Disease Control
and Prevention (CDC) / Harvard School of Public Health program evaluation for the City’s
Childhood Lead Poisoning Prevention Program. Upon motion the documents were received
and filed.
Fiscal Year 2011 – 2015 Capital Improvement Program: Communication from the Long
Range Planning Advisory Commission finding that the Fiscal Year 2011 – 2015 Capital
Improvement Program is consistent with the 2008 Dubuque Comprehensive Plan. Upon
motion the document was received and filed.
Fiscal Year 2011 – 2015 Consolidated Plan: Communication from the Long Range Planning
Advisory Commission finding that the Fiscal Year 2011 – 2015 Consolidated Plan is consistent
with the 2008 Dubuque Comprehensive Plan. Upon motion the document was received and
filed.
Response to EPA Notice Regarding Stormwater Management: City Manager transmitting
City staff’s comments in response to the U.S. Environmental Protection Agency’s (EPA) Notice
regarding Stakeholder Input on Stormwater Management. Upon motion the documents were
received and filed.
Request for Proposals – Transit Bus Wrap Advertisement: City Manager recommending
rejection of the only bid in response to a Request for Proposals for bus wrap advertisement
and authorize a re-initiation of the Request for Proposals. Upon motion the documents were
received, filed, and approved.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, advising that two channels will be added to the digital line-up on or about March 3,
2010. Upon motion the document was received and filed.
Citizen Communication: Communication from William C. Fuerste, 1360 South Grandview
Avenue, commending the City’s refuse collection service. Motion by Jones to receive and file
the document. Seconded by Resnick. Motion carried 7-0.
Iowa Governor’s Traffic Safety Grants: City Manager recommending approval of two Iowa
Governor’s Traffic Safety Bureau grant applications. Upon motion the documents were
received, filed, and approved.
Electric Franchise Fee Resolutions: City Attorney recommending adoption of two resolutions
to correct a typographical error in two of the resolutions approving the Revenue Purpose
Statements for the amendments to the electric franchise fees. Upon motion the documents
were received and filed and Resolution No. 60-10 Amending Resolution No. 28-10 which
approved a Revenue Purpose Statement for the use or expenditure of electric franchise fee
revenues from the sale of electricity by Alliant Energy within the City of Dubuque; and
Resolution No. 61-10 Amending Resolution No. 30-10 which approved a Revenue Purpose
Statement for the use or expenditure of electric franchise fee revenues from the sale of
electricity by Maquoketa Valley Electrical Cooperative within the City of Dubuque were
adopted.
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Request to FEMA to Change Flood Insurance Rate Map: City Manager recommending
approval of a letter to be submitted to the Federal Emergency Management Agency (FEMA)
requesting removal of the new flood areas, and additional correspondence from impacted
property owners. Upon motion the documents were received, filed, and approved.
Civil Service Commission: Civil Service Commission submitting the certified lists for the
positions of Police Lieutenant, Police Captain, Assistant Fire Chief, Fire Captain, Assistant Fire
Marshal, EMS Supervisor and Fire Lieutenant. Upon motion the documents were received,
filed and made a Matter of Record.
Business License Refunds: Request of Jack Thompson, Oky Doky #6, for a refund of Beer
and Liquor License #LE0000442 in the amount of $100.00.
Request of Patrick O’Clock, The Riviera Lounge, for a refund of Cigarette License #DBQ-
067 in the amount of $75.00.
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. 62-10 Granting the issuance of a Class “C” Beer Permit to Hy-Vee #3 and Hy-Vee Gas #3;
and Resolution No. 63-10 Granting the issuance of a Class “C” Beer/Liquor License to Ground
Round Restaurant, Mystique Casino and Yardarm Restaurant; a Special Class “C” Liquor
License to Mindframe Theaters; a Class “B” Wine Permit to Hy-Vee #3; and a Class “WBN”
Native Wine License to Hy-Vee Gas #3 and Bluff Street Brew Haus 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 Jones. Motion carried 7-0.
Request to Rezone – Historic Millwork District: City Manager recommending that a public
hearing be set for March 15, 2010 to consider a request from the City of Dubuque to rezone
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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. Upon
motion the documents were received and filed setting a public hearing for a meeting to
commence at 6:30 p.m. on March 15, 2010 in the Historic Federal Building.
Vacating Petition – Seippel Road: City Manager recommending that a public hearing be set
for March 15, 2010 to consider a request from Toby Kress, representing Kress Industrial
Facility, LLC, to vacate and release excess right-of-way easement along Seippel Road. Upon
motion the documents were received and filed and Resolution No. 64-10 Resolution of intent to
dispose of interest and vacate roadway easement over Lot 1 of Seippel Road Commercial
Park Plat 3 in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on March 15, 2010 in the Historic Federal
Building.
Sale of Property – 1699 Washington Street: City Manager recommending that a public
hearing be set for March 15, 2010 to consider the sale of real estate located at 1699
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Washington Street to Christina Krier as part of the Neighborhood Stabilization program. Upon
motion the documents were received and filed and Resolution No. 65-10 Resolution of intent to
dispose of City-owned property, specifically, Lot Two of Lot Eighty-Six in East Dubuque
Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat
thereof – 1699 Washington Street was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on March 15, 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: Civil Service Commission. One 4-year term through April 6,
2014 (Term of Schilling). Applicants: Tom Rawson, 2310 Knob Hill Drive; and Jim Schilling,
3283 Bittersweet Lane. Mechanical Board: Two 3-year terms through March 16, 2013 (Terms
of Kelly, Papin and Bandy). Applicants: Michael Kelly, 2875 Timber Line Drive; and Paul Papin,
2955 Jackson Street. Zoning Board of Adjustment: One 5-year term through March 25, 2015
(Term of Ruden). Applicants: Ryan Anglese, 2752 Carlton Avenue; and Michael Ruden, 3256
Arrowwood Lane.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Lease Agreement – Dubuque Bruisers Football: Proof of publication of notice of public
hearing to consider a lease agreement with Dubuque Bruisers Football for a section of
Roosevelt Park and City Manager recommending approval. Motion by Voetberg to receive and
file the documents and adopt Resolution No. 66-10 Disposing of an interest in real property by
lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football. Seconded by
Braig. Van Milligen stated that the parking and road would be the responsibility of Dubuque
Bruisers Football. Motion carried 7-0.
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Utility Relocation Project – 9 to 10 Street: Proof of publication on notice of public hearing
to consider approval of the plans and specifications, form of contract and estimated cost for the
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Utility Relocation Project – 9 to 10 Street and City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 67-10 Approval of
plans, specifications, form of contract, and estimated cost, for the Utility Relocation Project –
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9 to 10 Street. Seconded by Braig. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Liquor License Renewal Application – Players Sports Bar: City Manager recommending
disapproval of the liquor license renewal application of Players Sports Bar located at 1902
Central Avenue. Motion by Jones to receive and file the documents, including the attachments
and material submitted by Attorney Todd Klapatauskas, and concur with the disapproval.
Seconded by Lynch. Police Chief Mark Dalsing provided a slide presentation outlining the
issues prompting the recommendation. Attorney Todd Klapatauskas, representing Players Bar
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owners Dave and Natalie Lorenz, provided a verbal rebuttal. Van Milligen provided additional
information in response to Mr. Klapatauskas’ remarks. Motion carried 7-0.
Historic Preservation Commission – 3040 Elm Street: Communication from the Historic
Preservation Commission recommending that the City Council not remove 3040 Elm Street
from the Brewery Conservation District as requested by Kane, Norby and Reddick P.C. on
behalf of LK Development and Storage. Motion by Braig to receive and file the documents and
concur with the recommendation. Seconded by Connors. Assistant City Attorney Crenna
Brumwell stated that the owners are receiving an economic return and thereby meeting the
requirements of the District adding that Demolition by Neglect proceedings are pending.
Planning Services Manager Laura Carstens stated that the Building Services Department is
addressing building code and safety issues with the owners who have started the preservation
process. Motion carried 7-0.
Expanded Study on Crime and Poverty – Request for Proposals: City Manager
recommending approval of the issuance of a Request for Proposals to conduct an expanded
study on crime and poverty. Motion by Jones to receive and file the documents and approve
the recommendation. Seconded by Lynch. Motion carried 7-0.
Analysis of Impediments to Fair Housing: Communication from the Long Range Planning
Advisory Commission advising that the Fiscal Year 2011 – 2015 Analysis of Impediments to
Fair Housing is consistent with the 2008 Dubuque Comprehensive Plan. Motion by Braig to
receive and file the documents. Seconded by Jones. Motion carried 7-0.
Second Recommendation for Downtown Housing Incentive Award: City Manager
recommending approval for staff to negotiate a loan agreement in the amount of $226,000 with
B&C Cathedral Development, LLC, for creation of 24 market rate housing units to be located at
205 Bluff Street. Motion by Voetberg to receive and file the documents and adopt Resolution
No. 68-10 Approving an award to B & C Cathedral Development, LLC from the Downtown
Housing Incentive Pool to create new market-rate housing units within the Greater Downtown
Urban Renewal District. Seconded by Jones. Motion carried 7-0.
Request for Proposals – FEMA Flood Plain Mapping: City Manager recommending approval
of the issuance of a Request for Proposals (RFP) to retain consultant services for map
revisions to the FEMA Flood Plain Map. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Lynch. Motion carried 7-0.
Outdoor Warning Siren Activation Protocol: City Manager recommending adoption of the
Outdoor Warning Siren Activation Protocol, as established by the Davenport office of the
National Weather Service. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Voetberg. Motion carried 7-0.
Water Pollution Control Plant Design: City Manager recommending approval for Strand
Associates to submit the design for the Water Pollution Control Plant upgrades to the Iowa
Department of Natural Resources for review, and further authorize City staff to complete and
submit the application for a construction permit. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Water Pollution Control
Plant Manager Jonathon Brown recognized staff and introduced Randy Wirtz of Strand
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Associates, 910 West Wingra Drive, Madison, WI, who provided a slide presentation of the
project elements, timelines and costs. Motion carried 7-0.
Snow Route Addition: City Manager recommending approval of a revision to the City’s snow
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route parking restriction system in response to a petition received from residents on East 24
Street requesting that their street be added. 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. 12-10 Amending
the City of Dubuque Code of Ordinances Chapter 14 Parking, Division 5 Restrictions during
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Snow Removal, Section 9-14-321.682 Snow Route, Restricted Parking, by adding East 24
Street from Windsor Avenue to Central Avenue as a snow route. Seconded by Braig. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Connors reported that she has been appointed to the Iowa League of Cities Human
Development Board.
There being no further business, upon motion the City Council adjourned at 9:58 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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