Minutes_City Council Proceedings 4 5 12
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on April 5, 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 Mayor Buol.
PROCLAMATIONS
The Week of the Young Child (April 1-17, 2010) was accepted by Sherri Edwards, Director
of Dubuque County Empowerment, 2728 Asbury Road; Sexual Assault Awareness Month
(April 2010) was accepted by Josh Jasper of the Riverview Center, 2600 Dodge Street
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Van Milligen requested (#15) Crime/Poverty Research Study
be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/24
and 2/23; City Council of 3/15; Housing Commission of 2/23; Housing Commission Trust Fund
of 3/8; Human Rights Commission of 2/8; Library Board of Trustees of 1/28 and 2/11; Transit
Board of Trustees of 3/11
Proofs of publication of City Council Proceedings of March 1, 2 and 9, 2010 and List of
Claims and Summary of Revenues for month ended February 28, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Antoine Clemons vs. Brian Wullweber, City of Dubuque, and Pablo
Ramirez (Amended and Restated); Arbor Glen Apartments for property damage; Carl Lange
for vehicle damage; State Farm Insurance (representing Marco Pizzimenti) for vehicle
damage; Maryann Upmann for vehicle damage; Randy Williams 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: Maryann Upmann for
vehicle damage; Carl F. Lange for vehicle damage; Arbor Glen Apartments for property
damage; State Farm Insurance for personal injury/vehicle damage; Randy Williams for
property damage. Upon motion the documents were received, filed, and concurred.
Iowa Office of Energy Independence: Communication to the Iowa Office of Energy
Independence in support of the Four Mounds Energy Office Pilot Program. Upon motion the
documents were received and filed.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, notifying the City of upcoming channel changes.
Communication from Lee Grassley, Mediacom Senior Manager – Government Relations,
advising of the adjustment of certain cable service rates effective on or about May 1, 2010.
Upon motion the documents were received and filed.
Stipulation of Settlements – Property Tax Appeals: City Attorney recommending approval of
the Stipulation of Settlement for Callahan Construction, Inc., for a vacant piece of ground off
Seippel Road located east of the Westbrook Subdivision; the Stipulation of Settlement for
Callahan Construction, Inc., for a parcel of ground off Pleasant View Drive; and the Stipulation
of Settlement for First National Bank of Dubuque for the US Bank branch bank property
located at 435 Kennedy Road. Upon motion the documents were received, filed, and
approved.
Office of Energy Independence: Communication from Roya Stanley, Director – Office of
Energy Independence, advising that the City of Dubuque has been selected to receive an
Energy Efficiency Conservation Block Grant in the amount of $500,000 to be used for the
traffic flow optimization project. Upon motion the document was received and filed.
Dubuque Golf and Country Club: Communication from Rich Bugalski, Dubuque Golf and
Country Club, requesting permission to display fireworks on Sunday, July 4, 2010 (rain date of
Monday, July 5, 2010) on the Dubuque Golf and Country Club grounds. Upon motion the
document was received, filed, and approved.
Citizen Communication: Communication from Tim Patterson, 1882 White Street, submitting
an article titled “Goat Fans, Cities Butting Heads” for the City’s consideration. Upon motion the
documents were received, filed, and referred to the City Manager.
401 Governmental Money Purchase Plan: City Manager recommending that he be
authorized to sign the ICMA Retirement Corporation Governmental Money Purchase Plan and
Trust Adoption Agreement and the Administrative Services Agreement between ICMA
Retirement Corporation and the City of Dubuque. Upon motion the documents were received
and filed and Resolution No. 88-10 Approving the ICMA Retirement Corporation Governmental
Money Purchase Plan and Trust Basic Document and Appendix A (ICMA Retirement
Corporation Governmental Money Purchase Plan and Trust Amendment for Post-EGTRRA
Legislative and Regulatory Changes) – Plan Number 10-6876 was adopted.
Iowa Department of Transportation (IDOT) Federal Aid Funding Agreement: City Manager
recommending approval of an Iowa Department of Transportation Federal Aid Funding
Agreement for a Surface Transportation Program Project for the Kaufmann Avenue from John
F. Kennedy Road to Chaney Road HMA Reconstruction/Resurfacing Project. Upon motion the
documents were received and filed and Resolution No. 89-10 Approving the Iowa Department
of Transportation Federal Aid Funding Agreement (Agreement No. 6-10-STPU-05) for the
Kaufmann Avenue from John F. Kennedy Road to Chaney Road HMA
Reconstruction/Resurfacing Project was adopted.
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Request for Proposals – 9 Street and 11 Street Traffic Study: City Manager
recommending approval of the issuance of a Request for Proposals to seek qualified firms
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interested in providing professional services for the 9 Street and 11 Street Traffic Study:
One-Way to Two-Way Conversion. Upon motion the documents were received, filed, and
approved.
I-Jobs Affordable Housing Program: City Manager recommending approval of the contract
with the Iowa Finance Authority for the $240,000 funding award to assist in the conversion of
the Historic Washington Row Houses located on Washington Street. Upon motion the
documents were received, filed, and approved.
2010 Art on the River Exhibition: Arts and Cultural Affairs Advisory Commission requesting
City Council concurrence with the selection of artwork for the 2010 Art on the River
Competition. Upon motion the documents were received, filed, and approved.
McDonough Estate – Disposition of Property: City Attorney recommending approval of a quit
claim deed for one-half of a portion of Barry Street to be conveyed to the residual devisees
under the John J. McDonough, Sr., last will and testament. Upon motion the documents were
received and filed and Resolution No. 90-10 Authorizing the disposal of the interest of the City
of Dubuque, Iowa, in the real property described as the northwesterly one-half of Barry Street
in Barry Subdivision No. 2 in the City of Dubuque, Iowa, to the residual devisees under the
John J. McDonough, Sr., last will and testament was adopted.
Crime/Poverty Research Study: City Manager recommending approval of a contract with the
Northern Illinois University Center for Governmental Studies to conduct an expanded study on
crime and poverty. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Connors. Motion carried 7-0.
Purchase of Property – 3301 Roosevelt Street: City Manager recommending approval of the
purchase of real estate located at 3301 Roosevelt Street for the proposed construction of a
water tower. Upon motion the documents were received and filed and Resolution No. 91-10
Accepting the warranty deed to part of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 311 in the City of
Dubuque, Dubuque County, Iowa, from Fondell Excavating, Inc., of Dubuque, Iowa, was
adopted.
Legislative Correspondence: Communication to area legislators urging their opposition to
HF 2382 that adds language to Iowa Code Chapter 411 to allow covered employees to
designate a physician of their choosing to treat a work-related illness or injury rather than the
employer choosing the care.
Communication to area legislators regarding HF 2502 that phases out the State’s
contribution to the Municipal Fire and Retirement System and creates a Benefits Advisory
Commission.
Communication to Representative Chuck Isenhart asking that he support HSB 741 which
would give the City the option to increase the local hotel/motel tax from seven to nine percent.
Upon motion the documents were received and filed.
Bee Branch Creek Restoration Project Programmatic Agreement: City Manager
recommending approval of a Programmatic Agreement among the U.S. Army Corps of
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Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Office
and the City of Dubuque regarding the construction of the Bee Branch Creek Restoration
Project. Upon motion the documents were received and filed and Resolution No. 92-10
Authorizing the execution of an agreement with the Iowa Department of Natural Resources,
the U.S. Army Corp of Engineers, and the State Historic Preservation Office regarding the
construction of the Bee Branch Creek Restoration project was adopted.
Withdrawal of Claim – Port of Dubuque Parking Facility Project: Communication from
William S. Vernon, representing W.C. Stewart Construction, Inc., advising that the claim for
material and labor on the Port of Dubuque Parking Facility Project has been withdrawn. Upon
motion the documents were received and filed.
Historic Millwork District Streetscape and Utilities: City Manager recommending acceptance
of Amendment No. 1 to the Historic Millwork District Streetscape and Utilities Professional
Engineering Services Agreement between the City and Veenstra & Kimm, Inc. Upon motion
the documents were received, filed, and approved.
Signed Contracts: Bee Branch Creek Restoration Project Asbestos Inspections and the
POD Ramp Repair Approval. Upon motion the documents were received and filed.
Business License Refund: Request of Steve Haggerty, Ten Pin Tap, for a refund of Beer
and Liquor License #LC0034802 in the amount of $422.50. Upon motion the document was
received and 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. 93-10 Granting the issuance of a Class “B” Beer Permit to McAleece Park and Recreation
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Complex and Panchero’s Mexican Grill; and a Class “C” Beer Permit to 16 Street Auto/Truck
Plaza, Oky Doky #1, Paro Foods Mart, Kwik Stop C-Store, Oky Doky #2 and Hartig Drug; and
Resolution No. 94-10 Granting the issuance of a Class “C” Beer/Liquor License to Noonan’s
Tap, Clarke College, Olive Garden, Whiskey River, Knights of Columbus, Bar-X and Hammer
Time Bar; a Class “B” Wine Permit to Oky Doky #1, Oky Doky #2, and Hartig Drug; and a
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Class “WBN” Native Wine Permit to Kwik Stop C-Store, 16 Street Auto/Truck Plaza and
Tobacco Outlet Plus #504 were adopted.
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Getting’ Ahead Program: Contract with Move the MountainCity Manager recommending
approval of the contract with the Move the Mountain Leadership Center for services related to
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implementation of the Circles initiative. Upon motion the documents were received, filed,
and approved.
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.
HHH Enterprises of Dubuque, Inc.: City Manager recommending that a public hearing be set
for April 19, 2010 to consider approval of a lease agreement with HHH Enterprises of
Dubuque, Inc., to operate and maintain a restaurant deck and beer garden at 180 Main Street.
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Upon motion the documents were received and filed and Resolution No. 95-10 Resolution of
intent to dispose of an interest in real property owned by the City of Dubuque by lease
between the City of Dubuque and HHH Enterprises of Dubuque, Inc., was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on April 19, 2010 in the Historic
Federal Building.
Fiscal Year 2010 Second Budget Amendment: City Manager recommending that a public
hearing be set for April 19, 2010 to consider approval of the second amendment to the Fiscal
Year 2010 Budget. Upon motion the documents were received and filed and Resolution No.
96-10 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2010
Budget for the City of Dubuque was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 19, 2010 in the Historic Federal Building.
Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: City Manager
recommending initiation of the public bidding process for the Tenth and Central Parking Ramp
and Fire Headquarters Expansion Project and that a public hearing be set for April 19, 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. 97-10 Preliminary approval
of plans, specifications, form of contract, and estimated cost, setting date of public hearing and
ordering bids for the Tenth and Central Parking Ramp and Fire Headquarters Expansion
Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April
19, 2010 in the Historic Federal Building.
Water Pollution Control Plant Upgrade Project: City Manager recommending initiation of the
public bidding process for the Water Pollution Control Plant Upgrade Project and that a public
hearing be set for April 19, 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. 98-10 Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Water Pollution Control
Plant Upgrade Project was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on April 19, 2010 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Community Development Advisory
Commission. One 3-year term through February 15, 2013 (At-Large Term of Gukeisen)
Applicant: Peter Koshakji, 1076 ½ University Avenue. Motion by Connors to appoint Peter
Koshakji to the Community Development Advisory Commission for a 3-year term through
February 15, 2013. Seconded by Lynch. Motion carried 7-0.
ACTION ITEMS
Cell Phone Ordinance: City Attorney requesting City Council direction on the repeal of the
City’s cell phone ordinance as to whether it be effective upon publication or on June 30, 2010.
Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance repealing Ordinance No. 11-10 Prohibiting the use of an electronic
communications device while operating a motor vehicle effective upon publication be
considered and voted on for passage at two Council meetings prior to the meeting at which it is
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to be passed be suspended. Seconded by Braig. Motion failed 4-3 with Buol, Resnick and
Voetberg voting nay.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance repealing Ordinance No. 11-10 Prohibiting the use of an electronic communications
device while operating a motor vehicle effective June 30, 2010 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 failed 5-2 with Lynch and Braig voting nay.
Motion by Resnick to propose an ordinance be drafted by the City Attorney for consideration
at a later meeting which would dovetail with the State ordinance. Motion failed for lack of a
second.
Motion by Jones to consider the first reading of a proposed ordinance repealing Ordinance
No. 11-10 Prohibiting the use of an electronic communications device while operating a motor
vehicle effective upon publication. Seconded by Lynch. Motion failed 3-4 with Buol, Connors,
Resnick and Voetberg voting nay.
Multiple Housing Cooperative Transfers: City Manager recommending approval of a
proposed ordinance which requires that an existing structure being transferred to a multiple
housing cooperative must meet building code requirements in effect on the date of the transfer.
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 Lynch for final consideration and passage of Ordinance No. 22-10 Amending Title
14 Chapter 7 of the City of Dubuque Code of Ordinances, Condominium Conversions, by
prohibiting transfer of an existing structure to a multiple housing cooperative unless the
structure meets building code requirements in effect on the date of transfer. Seconded by
Jones. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to go into closed session at 7:05 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Voetberg.
Motion carried 7-0.
Upon motion the City Council reconvened in open session at 7:30 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:31 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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