Minutes_City Council Proceedings 2 1 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on February 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 Reverend Nancy Bickel of the First Congregational UCC.
PROCLAMATIONS
Congenital Heart Defect Awareness Week (February 7-14, 2010) was accepted by Jesi
Duve, 15818 Humke Road. Scouting Day (February 7, 2010) was accepted by Colin Earl,
10601 Military Road, and representatives from the NE Iowa Council of the Boys Scouts of
America.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 1/19; Community Development Advisory
Commission of 1/6; Housing Commission of 11/24 and 12/4; Historic Preservation Commission
of 1/14; Human Rights Commission of 11/9; Park and Recreation Commission of 1/12
Proof of publication of City Council Proceedings of January 4, 2010
Substance Abuse Services Center Second Quarter Report
Upon motion the documents were received and filed.
Notice of Claims/Suits: Lester C. Leubka for property damage. Upon motion the documents
were received and 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: Vicky Fuller for vehicle
damage; Tschiggfrie Excavating Company for loss of revenue. Upon motion the documents
were received, filed, and concurred.
Worker’s Compensation Claims Administrative Services: City Manager recommending
approval of the Agreement between the City of Dubuque and Alternative Services Concepts
(ASC) for services related to the administration of the City’s Worker’s Compensation Program.
Upon motion the documents were received, filed, and approved.
Bi-Linqual Trail Signage: City Manager recommending approval of the recommended
designs and specifications for the Bi-Lingual Trail Signage Project and authorization to begin
the informal bidding process. Upon motion the documents were received, filed, and approved.
LK Development and Storage, LLC: City Manager recommending that the request from
Attorney Brian Kane on behalf of LK Development and Storage, LLC relative to property at
3040 Elm Street be referred to the Historic Preservation Commission. Upon motion the
documents were received and filed and referred to the Historic Preservation Commission.
Kerper Boulevard Storm Sewer Improvements Project: City Manager recommending
acceptance of the Kerper Boulevard Storm Sewer Improvements Project as completed by
McDermott Excavating Co., in the final contract amount of $75,489.53. Upon motion the
documents were received and filed and Resolution No. 19-10 Accepting the Kerper Boulevard
Storm Sewer Improvements Project and authorizing payment of the contract amount to the
contractor was adopted.
Clarke Drive Sanitary Sewer Repair Project: City Manager recommending acceptance of the
Clarke Drive Sanitary Sewer Repair Project as completed by Drew Cook & Sons Excavating
Co., Inc., in the final contract amount of $22,431.68. Upon motion the documents were
received and filed and Resolution No. 20-10 Accepting the Clarke Drive Sanitary Sewer Repair
Project and authorizing payment of the contract amount to the contractor was adopted.
Ingress and Egress Easement – Cedar Ridge Farm Place No. 5: City Manager
recommending acceptance of an ingress and egress easement over Lot 1 of Cedar Ridge
Farm Place No. 5 to maintain existing detention facilities. Upon motion the documents were
received and filed and Resolution No. 21-10 Accepting an ingress and egress easement for
repair and maintenance of existing stormwater detention facilities in the City of Dubuque, Iowa,
was adopted.
2009 Sidewalk Assessment Program: City Manager recommending approval of the final
schedule of assessments for the 2009 Sidewalk Assessment Program. Upon motion the
documents were received and filed and Resolution No. 22-10 Adopting the final assessment
schedule for the 2009 Sidewalk Assessment Program was adopted.
Quarterly Investment Report: City Manager transmitting the December 31, 2009 Quarterly
Investment Report. Upon motion the documents were received and filed.
Acquisition of Property at 250 South Main Street: City Manager recommending approval of
the acquisition of property at 250 South Main Street and execution of an Offer to Buy and
Deferred Payment Plan Agreement between the City and the Iowa Department of
Transportation. Upon motion the documents were received, filed, and approved.
40 Main LLC Collateral Assignment: City Manager recommending approval of the Collateral
Assignment of Contract between Premier Bank and 40 Main, LLC. Upon motion the
documents were received and filed and Resolution No. 23-10 Approving a Collateral
Assignment of Contract between Premier Bank and 40 Main, LLC, was adopted.
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Dubuque County H1N1 Subcontract: City Manager recommending approval of a contract
with the Dubuque County Health Department for services related to the H1N1 pandemic
response. Upon motion the documents were received, filed, and approved.
Federal Emergency Management Agency (FEMA): City Manager recommending approval of
a proposed response letter to the December 30, 2009 Federal Emergency Management
Agency (FEMA) letter transmitting FEMA’s revised preliminary Digital Flood Insurance Rate
Map (DFIRM). Upon motion the documents were received and filed.
Petition Iowa Utilities Board for Amendment of Rule: City Manager recommending approval
to file a petition before the Iowa Utilities Board in an attempt to restore the City’s municipal
cable franchise with Mediacom. Upon motion the documents were received, filed, and
approved.
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City Council Referral – Snow Route in East 24 Street Area: City Manager recommending
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approval of a request that East 24 Street be added to the odd/even snow route. Upon motion
the documents were received, filed, and the request approved.
Walkway Project – Northeast Iowa Community College: City Manager recommending
acceptance of the Walkway Project between the Iowa Street Parking Ramp and Northeast
Iowa Community College, as completed by Portzen Construction, Inc., in the final contract
amount of $68,027.47. Upon motion the documents were received and filed and Resolution
No. 24-10 Accepting the Walkway Project between the Iowa Street Parking Ramp and
Northeast Iowa Community College and authorizing payment of the contract amount to the
contractor was adopted.
Digital Flood Insurance Rate Map (DFIRM): Communication from Senator Charles regarding
the Digital Flood Insurance Rate Map (DFIRM). Upon motion the document was received and
filed.
Intercultural Competency Report: City Manager transmitting the 2008 – 2009 Intercultural
Competency Report. Upon motion the documents were received and filed.
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and storm water
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 25-10 Adopting the Schedule of Assessments for
delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to
certify the schedule of assessments to the County Treasurer and to publish notice thereof was
adopted.
Stipulation of Settlement – Property Tax Appeal: City Attorney recommending approval of
the Stipulation of Settlement for the Hansel property tax appeal which relates to a vacant lot on
Cedar Cross Road and Lake Ridge Drive. Upon motion the documents were received, filed,
and approved.
House File 132 – Annexation of Public Land: City Manager providing the Planning Services
staff’s position on proposed House File 132 regarding annexation of public land.
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Communication to State Legislators encouraging their opposition to House File 132
regarding annexation of public land.
Upon motion the documents were received and filed.
National League of Cities: Communication to Mayor Roy Buol regarding the next steps for
the National League of Cities Disconnected Youth Economic Recovery Technical Assistance.
Upon motion the document was received and filed.
AmeriCorps VISTA: City Manager recommending approval of a Memorandum of Agreement
with the Iowa Commission on Volunteer Services to place a full-time AmeriCorps VISTA
position in the Sustainability office from November 2009 through November 2010. 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. 26-10 Granting the issuance of a Class “C” Beer Permit to Hartig Drug #8, Awn Stop Mart,
Big 10 Mart and Puff n Snuff; and Resolution No. 27-10 Granting the issuance of a Class “C”
Beer/Liquor License to Northside Bar, Bootleggers Pub, The Clubhouse, Town Clock Inn and
Dubuque Mining Company; a Special Class “C” Liquor License to Pusateri’s; a Class “E”
Liquor License to Puff n Snuff; a Class “B” Wine Permit to Hartig Drug #8 and Puff n Snuff; and
a Class “B” (WBN) Native Wine Permit to Cedar Cross Amoco and Big 10 Mart were adopted.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, approve the Revenue Purpose
Statements, adopt the resolutions, set the public hearing as indicated, and direct the City Clerk
to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0.
Electric and Gas Franchise Fee Revenue: City Manager recommending adoption of
resolutions approving the Revenue Purpose Statements for the use or expenditure of electric
and gas franchise fee revenues from the sale of electricity and gas by Alliant Energy, Black
Hills Energy Corporation and Maquoketa Valley Electric Cooperative within the City of
Dubuque and recommending adoption of resolutions setting a public hearing for February 15,
2010 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. Upon motion the documents were received and filed and
Resolution No. 28-10 Approving a Revenue Purpose Statement for the use or expenditure of
electric and gas franchise fee revenues from the sale of electricity by Alliant Energy within the
City of Dubuque; Resolution No. 29-10 Approving a Revenue Purpose Statement for the use
or expenditure of gas franchise fee revenues from the sale of gas by Black Hills Energy
Corporation within the City of Dubuque; Resolution No. 30-10 Approving a Revenue Purpose
Statement for the use or expenditure of electric franchise fee revenues from the sale of
electricity by Maquoketa Valley Electric Cooperative within the City of Dubuque; Resolution
No. 31-10 Setting a public hearing on a proposed ordinance increasing the franchise fee under
the City’s Electric Franchise with Alliant Energy from 2% to 3% on the sale of electricity within
the City of Dubuque; Resolution No. 32-10 Setting a public hearing on a proposed ordinance
increasing the franchise fee under the City’s Gas Franchise with Black Hills Energy from 2% to
3% on the sale of gas within the City of Dubuque; and Resolution No. 33-10 Setting a public
hearing on a proposed ordinance increasing the franchise fee under the City’s Electric
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Franchise with Maquoketa Valley Electric Cooperative from 2% to 3% on the sale of electricity
within the City of Dubuque were adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on February 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: Community Development Advisory Commission. Two 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.
Appointments to 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; John Pregler, 1525 Pego Court. Upon
roll-call vote, John Pregler was appointed to the Long Range Planning Advisory Commission
for a 3-year term through July 2, 2012.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Text Amendment – C-5 Central Business District Sign Regulations: Proof of publication on
notice of public hearing to consider a text amendment to the Unified Development Code
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regarding the addition of freestanding identification signs from 4 Street to 5 Street along
either side of Main Street as requested by Norm Granback, Holiday Inn Dubuque, and Zoning
Advisory Commission recommending approval. Motion by Lynch 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. Norm Granbeck, 4777 Camelot Drive and
representing the Holiday Inn, spoke in favor of the proposed ordinance. Planning Services
Manager Laura Carstens provided a staff report.
Motion by Braig to amend the proposed ordinance limiting the request to the east side of
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Main Street between 4 and 5 Streets. Seconded by Lynch. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 4-10 (as amended)
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
repealing Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District
and adopting a new Section 15-11.10 Schedule of Sign Regulations for the C-5 Central
Business District in lieu thereof, pertaining to the addition of Freestanding Identification Signs
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from 4 to 5 Streets along the east side of Main Street. Seconded by Braig. Motion carried 7-
0.
Water Revenue Capital Loan Notes: Proof of publication on notice of hearing to consider the
issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 34-10 Instituting proceedings to take additional action for the authorization of a
Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000
Water Revenue Capital Loan Notes. Seconded by Voetberg. Motion carried 7-0.
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Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Police Chief Appointment: City Manager recommending approval of the selection of Mark
Dalsing as the next Chief of Police for the City of Dubuque. Motion by Jones to receive and file
the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0.
Swearing In of Police Chief Mark Dalsing.
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director – Greater
Dubuque Development Corporation, provided a verbal update on the activities of the Greater
Dubuque Development Corporation and Dubuque Works. Motion by Connors to receive and
file the information. Seconded by Voetberg. Motion carried 7-0.
Request to Address the City Council – Mark J. Gilligan: Request of Mark J. Gilligan, 1575
Earl Drive, to address the City Council regarding the accumulation of ice on the corner of Earl
Drive and Pennsylvania Avenue. Mr. Gilligan withdrew his request prior to the meeting after
speaking to the City Engineer and resolving the issue.
Request to Address the City Council – Sandy Amberg: Request of Sandy Amberg, 80
Croydon Crest, to address the City Council regarding expense, safety and sustainability of
adding fluoride to City water.
Response to Ms. Amberg’s concerns regarding the City’s water supply having fluoride.
Motion by Lynch to receive and file the documents. Seconded by Braig. Ms. Amberg
addressed the City Council regarding her belief that fluoride is an expensive and dangerous
chemical that should be removed from the City’s drinking water system. Motion carried 5-2 with
Lynch and Jones voting nay.
Tobacco and Alcohol Compliance – Civil Penalty Hearing: Assistant City Attorney Crenna
Brumwell to conduct a civil penalty hearing on the third tobacco compliance violation and the
second alcohol compliance violation by Road Ranger, 2175 Central Avenue. Motion by
Connors to receive and file the documents and approve the Settlement Agreements.
Seconded by Voetberg. Assistant City Attorney Crenna Brumwell informed the City Council a
hearing would not be necessary since settlement agreements had been signed. Road Ranger
In-House Attorney Katie Mano and District Manager Keith Kehl described new measures
undertaken by Road Ranger to prevent future violations. Motion carried 7-0.
Water Revenue Capital Loan Notes, Series 2010C: City Manager recommending approval
of the final proceedings providing for the issuance of $8,676,000 Water Revenue Capital Loan
Notes. Motion by Braig to receive and file the documents and adopt Resolution No. 35-10
Authorizing and providing for the issuance and securing the payment of $8,676,000 Water
Revenue Capital Loan Notes, Series 2010C 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. Seconded by Connors. Motion
carried 7-0.
Water and Sewer Billing Units: City Manager recommending, as part of the Water Meter
Change Out Project, to start billing of the water and sewer consumption in gallons versus the
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current cubic feet. 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. 5-10 Amending
City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and
Service, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential,
Commercial, Industrial and All Other Uses; and Ordinance No. 6-10 Amending City of
Dubuque Code of Ordinances Section 13-2C-3(B) Establishing the Schedule of Rates for
Residential and Commercial Sewer Users by increasing the rates; and amending Section 13-
2C-3(C)(7) Establishing the Minimum Service Charge by increasing the minimum service
charge. Seconded by Braig. Motion carried 7-0.
Transit Management – Request for Proposals: City Manager recommending approval of the
Request for Proposals (RFP) for Transit Management services. Motion by Lynch to receive
and file the documents and approve the recommendation. Seconded by Braig. Voetberg asked
that the last sentence of the first paragraph on Page 5 of the proposal be stricken. Motion
carried 7-0.
City of Dubuque Parking Ramp: City Manager recommending approval of the proposed
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design for the parking ramp to be located at 10 Street and Central Avenue.
Historic Preservation Commission recommending approval of the design of the City of
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Dubuque Parking Ramp to be located at 10 and Central.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Voetberg. Responding to questions from the City Council, Parking System
Supervisor Tim Horsfield stated that the design is driven by budget constraints and requires
the approval of the Historic Preservation Commission. Motion carried 6-1 with Resnick voting
nay.
Dubuque Water Trail Grant Agreement: City Manager recommending approval of a grant
agreement with the Iowa Department of Natural Resources for $6,000 in Iowa Water Trail
funding for the Dubuque Water Trail Project. Motion by Connors to receive and file the
documents and adopt Resolution No. 36A-10 Approving an agreement for Iowa Water Trail
funding with the Iowa Department of Natural Resources for the Dubuque Water Trail.
Seconded by Braig. Motion carried 7-0.
Automated Agenda Management Software: City Manager recommending approval of the
selection of Novus Systems to provide automated agenda management software. Motion by
Lynch to receive and file the documents and approve the recommendation. Seconded by
Connors. Motion carried 7-0.
Safe Community Task Force Recommendations: City Manager recommending adoption of
the first set of recommendations from the Safe Community Task Force. Motion by Connors to
receive and file the documents and approve the recommendation. Seconded by Resnick.
Resnick thanked the Task Force for its work and stated he liked the recommendations. Mayor
Buol requested the Task Force submit an update on their progress for the February 15
meeting. Motion carried 7-0.
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Energy Efficiency and Conservation Block Grant (EECBG): City Manager recommending
approval of the Energy Efficiency and Conservation Strategy for the $574,700 EECBG funds
the City received as a formula allocation through the American Recovery and Reinvestment
Act (Stimulus Package). Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Connors. Motion carried 7-0.
Cell Phone Ordinance: City Attorney submitting a proposed cell phone ordinance.
The New York Times article “Driven to Distraction” submitted by City Council Member David
Resnick.
Motion by Voetberg to receive and file the documents and to consider the first reading of the
proposed ordinance 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
Jones. Motion carried 7-0.
Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager
submitting the Fiscal Year 2011 Operating Budget and Five Year Capital Improvement
Program. Motion by Connors to receive and file the documents. Seconded by Braig. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol thanked the Boy Scout Troop 69 for attending the meeting. Scout Master Tim
Cannon added that attendance was required for their Eagle Scout Community Citizenship
Lynch expressed gratitude on behalf of the City Council to Assistant Police Chief Terry
Tobin for his work as Acting Police Chief.
Jones wished safe traveling to those Council Members going to Washington DC with the
Chamber of Commerce delegation.
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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