Minutes_City Council Proceedings 4 19 10 Regular Session
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on April 19, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
Assistant City Manager Steinhauser, Assistant City Attorney O’Brien
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 Chaplain David Pacholke of Finley Hospital
PROCLAMATIONS
Silver Star Banner Day (May 1, 2010) was accepted by John Galle and Gene Giltne of
American Legion Post 6; Volunteer Week (April 18 – 24, 2010) was accepted by Michelle
Hellmer, Carnegie-Stout Public Library Adult Services Manager; and Rotary Foundation Group
Study Exchange Days (April 28 – May 1, 2010) was accepted by Douglas Pearce, President of
the Rotary Club of Dubuque.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Connors requested (#25) Environmental Stewardship
Advisory Commission be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 3/2; City
Council of 4/5 and 4/12; Civil Service Commission of 2/24, 3/12 and 4/1; Community
Development Advisory Commission of 3/3; Historic Preservation Commission of 3/18; Human
Rights Commission of 3/8; Zoning Advisory Commission of 4/7; Zoning Board of Adjustment of
3/10 and 3/25
Library Board of Trustees Update from the meeting of March 25, 2010
Proof of publication of City Council Proceedings of March 15, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Chiquitta Carroll for personal injury; Diane Boge for vehicle damage;
Interstate Power and Light for property damage. Upon motion the documents were received,
filed and referred to the City Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Chiquitta Carroll for
personal injury. Upon motion the document was received, filed and concurred
Snow Removal and Right-of-Way Obstruction Removal Assessments: City Manager
recommending approval of the final assessments for snow removal and right-of-way
obstruction removals. Upon motion the documents were received and filed and Resolution No.
99-10 Adopting the final assessment schedule for the Snow Removal and Right-of-Way
Obstruction Removal Assessments was adopted.
Joint Development Agreement – International Business Machines Corporation: City Attorney
requesting approval of the revised Joint Development Agreement and ratification of the
Mayor’s signature of the revised Agreement. Upon motion the documents were received, filed,
and approved.
Plat of Survey – Southeast Corner of Pearl and Gilliam Streets: Zoning Advisory
Commission recommending approval of the plat of survey of the southeast corner of Pearl and
Gilliam Streets as requested by Tim McDonald. Upon motion the documents were received
and filed and Resolution No. 100-10 Approving a Plat of Survey of Lot 1-100 and Lot 2-100 of
Finley, Waples and Burton’s Addition in the City of Dubuque, Iowa, was adopted.
Plat of Survey – Westbrook Subdivision: Zoning Advisory Commission recommending
approval of the plat of survey of Westbrook Subdivision as requested by Joel Callahan /
Buesing and Associates. Upon motion the documents were received and filed and Resolution
No. 101-10 Approving a Plat of Survey of Lot 1-8 and Lot 2-8 Block 3 of Westbrook
Subdivision in the City of Dubuque, Iowa, was adopted.
Final Plat – Copperhead Place No. 2: Zoning Advisory Commission recommending approval
of the final plat of Copperhead Place No. 2 as requested by Blackacre Properties. Upon motion
the documents were received and filed and Resolution No. 102-10 Approving the Final Plat of
Copperhead Place No. 2 was adopted.
Funding Contract with the Iowa Department of Natural Resources: City Manager
recommending approval of a funding contract with the Iowa Department of Natural Resources
regarding the E.B. Lyons Interpretive Center Expansion Project. Upon motion the documents
were received and filed and Resolution No. 103-10 Approving a contract with the Iowa
Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project
was adopted.
Land and Water Conservation Fund (LWCF) Grant Agreement: City Manager
recommending approval of a Land and Water Conservation Fund Grant Agreement with the
Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion
Project. Upon motion the documents were received and filed and Resolution No. 104-10
Approving a Land and Water Conservation Fund Grant Agreement with the Iowa Department
of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project was adopted.
First Transit: City Manager recommending approval of the formal notification of the transit
management contract termination to First Transit. Upon motion the documents were received,
filed, and approved.
Hazard Mitigation Plan: City Manager recommending approval of the City’s Hazard
Mitigation Plan update. Upon motion the documents were received and filed and Resolution
No. 105-10 Approving and adopting the Dubuque Hazard Mitigation Plan Update was adopted.
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and storm water
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collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 106-10 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.
Dubuque Water Ski Lease: City Manager recommending approval of the annual lease
agreement with the Dubuque Water Ski Club. Upon motion the documents were received,
filed, and approved.
Children’s Zoo Boosters: City Manager recommending approval of the lease renewal with
the Dubuque Children’s Zoo Boosters, Inc. for approximately ten acres of Roosevelt Park to
operate the Storybook Hill Children’s Zoo. Upon motion the documents were received, filed,
and approved.
Lease Agreement with Tri-State Modelers: City Manager recommending approval of the
lease agreement with Tri-State Modelers for a section of Roosevelt Park. Upon motion the
documents were received, filed, and approved.
Department of the Army: Communication from William T. Johnsen, Dean of Academics –
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Department of the Army, regarding the City Manager’s attendance at the 56 Annual U.S.
Army War College National Security Seminar. Upon motion the document was received and
filed.
National Security Breakfast: Invitation from Brigadier General Tim Orr, The Adjutant General
of Iowa, to attend the National Security Breakfast on Thursday, April 22, 2010 in Johnston,
Iowa.
Medline Development Agreement: City Manager recommending approval of an amendment
to the Medline Development Agreement to extend the date for LEED Certification. Upon
motion the documents were received and filed and Resolution No. 107-10 Approving the Third
Amendment to the Medline Industries, Inc., Development Agreement was adopted.
Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for a first offense
alcohol compliance violation for Taiko Restaurant, Inc., Walgreen’s #6154, and Chances R and
it is further recommended that a civil penalty hearing be scheduled for May 3, 2010 for a
second alcohol compliance violation for Lot One. Upon motion the documents were received,
filed, and approved and a hearing set for a meeting to commence at 6:30 p.m. on May 3, 2010.
Tobacco Compliance – Civil Penalty for Tobacco License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for a first offense
tobacco compliance violation for Walgreen’s #11942 and Walgreen’s #6154 and a third offense
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violation for 16 Street Auto Truck Plaza. Upon motion the documents were received, filed,
and approved.
PEG Capital Grant Expenditure Request: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to
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Mediacom in the amount of
$4,200 for new monitors and a combination DVD burner/printer for the
Upon motion the documents were received, filed, and
public access studio control room.
approved.
Fiscal Year 2011 Community Development Block Grant Program: City Manager
recommending approval of the publication of a Notice of Intent to Request Release of Funds
for Community Development Block Grant (CDBG) program activities. Upon motion the
documents were received and filed and Resolution No. 108-10 Authorizing publication of a
Notice of Intent to Request Release of Funds for certain Community Development Block Grant
Projects for Fiscal Year 2011 (Program Year 2010) was adopted.
Homelessness Prevention and Rapid Re-Housing Program Amendment: City Manager
recommending approval of the Amendment to the Project Concern, Inc. Agreement for the
Homelessness Prevention and Rapid Re-Housing Program (HPRP). Upon motion the
documents were received, filed, and approved.
Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government
Relations, notifying the City of upcoming channel changes. Upon motion the document was
received and filed.
Environmental Stewardship Advisory Commission: Communication from Wayne
Klostermann, Chair – Environmental Stewardship Advisory Commission, regarding fundraising
car washes and stormwater management. Motion by Connors receive and file the documents
and refer to the City Manager. Seconded by Braig. Connors asked that a response be sent to
the ESAC from staff and a report back to the City Council. Motion carried 7-0.
E.B. Lyons Interpretive Center Expansion Project - Exhibits Grant Match: City Manager
recommending approval to provide $25,000 in additional City funds as part of the local match
for a $150,000 federal grant for the Mines of Spain Exhibit and Education Program at the E.B.
Lyons Nature Center.
Signed Contracts: Storm Sewer Improvements – South Main and Jones Streets. Upon
motion the documents were received and filed.
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. 109-10 Granting the issuance of a Class “A” Liquor License to the Loyal Order of the
Moose Lodge; and a Class “C” Beer/Liquor License to Marco’s Italian Food, West Dubuque
Tap, Lot One, The Hub and Loras College Campus was adopted.
Bunker Hill Underground Storage Tank – Administrative Consent Order: City Manager
recommending approval of the Iowa Department of Natural Resources Administrative Consent
Order regarding the Bunker Hill underground storage tank. Upon motion the documents were
received, filed, and approved.
Multicultural Family Center: City Manager recommending that the Multicultural Family
Center Assistant Director position be increased from twenty (20) hours per week to thirty (30)
hours per week. Upon motion the documents were received, filed, and approved.
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Wireless Water Meter Agreements: City Manager recommending approval of the Wireless
Water Meter Agreements with Holy Family Schools. 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 Braig. Motion carried 7-0.
Dubuque Terminals, Inc. (Newt) Lease: City Manager recommending that a public hearing
be set for May 3, 2010 to consider proposed leases with Dubuque Terminals, Inc. for the Ice
Harbor and Dove Harbor areas. Upon motion the documents were received and filed and
Resolution No. 110-10 Resolution of intent to dispose of an interest in real property owned by
the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals,
Inc., an Iowa Corporation (the Dove Harbor Lease); and Resolution No. 111-10 Resolution of
intent to dispose of an interest in real property owned by the City of Dubuque by lease
between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corporation (the Ice
Harbor Lease) were adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on May 3, 2010 in the Historic Federal Building.
Lower Bee Branch Creek Restoration Project: City Manager recommending initiation of the
public bidding process for the Lower Bee Branch Creek Restoration Project and that a public
hearing be set for May 3, 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. 112-10 Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Lower Bee Branch
Creek Restoration Project was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on May 3, 2010 in the Historic Federal Building.
Asbury Road and IA 32 Traffic Signal and Grading Project: City Manager recommending
initiation of the public bidding process for the Asbury Road and IA 32 Traffic Signal and
Grading Project and that a public hearing be set for May 3, 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. 113-10 Preliminary approval of plans,
specifications, form of contract, and estimated cost, setting date of public hearing and ordering
bids for the Asbury Road and IA 32 Traffic Signal and Grading Project was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on May 3, 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: Housing Commission: One 3-year term through August 17,
2012 (Term of Plein). Applicant: Lisa McAllister, 1701 ½ Central Avenue. Ms. McAllister spoke
in support of her appointment. Mechanical Board: One 3-year term through March 16, 2013
(Term of Bandy). Applicant: Ronald Billmeyer, 1745 Geraldine Drive. Mr. Billmeyer spoke in
support of his appointment.
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PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Fiscal Year 2011 – 2015 Consolidated Plan and Analysis of Impediments to Fair Housing:
Proof of publication on notice of public hearing to consider the Fiscal Year 2011 – 2015
Consolidated Plan and Analysis of Impediments to Fair Housing and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 114-10 Adopting the Fiscal Year 2011 – 2015 Consolidated Plan for Housing
and Community Development; authorizing the Mayor to execute said plan and all necessary
certifications; designating the City Manager as the authorized Chief Executive Officer for the
Consolidated Plan; and directing that said plan be submitted to the U.S. Department of
Housing and Urban Development; and Resolution No. 115-10 Approving the Analysis of
Impediments to Fair Housing. Seconded by Voetberg. Ann Michalski, 1520 Altura, spoke
regarding her concerns over who is responsible for the success of the Consolidated Plan and
encouraged close review of the document. Housing and Community Development Director
David Harris and Community Development Specialist Aggie Tauke clarified recipient
qualifications and how the program’s funding works for first-time homebuyers and landlords.
Motion carried 7-0.
HHH Enterprises of Dubuque, Inc.: Proof of publication on notice of public hearing to
consider a lease agreement with HHH Enterprises of Dubuque, Inc. to operate and maintain a
restaurant deck and beer garden at 180 Main Street and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 116-
10 Disposing 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. Seconded by Resnick. Heath
Hutchinson, 221 Bradley Street, spoke in support of the proposed lease. Motion carried 7-0.
Fiscal Year 2010 Second Budget Amendment: Proof of publication on notice of public
hearing to consider the second amendment to the Fiscal Year 2010 Budget and City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 117-10 Approving Amendment No. 2 to the Fiscal Year 2010 Budget for the
City of Dubuque. Seconded by Jones. Motion carried 7-0.
Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: Proof of
publication on notice of public hearing to consider the plans and specifications, form of contract
and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion
Project and City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 118-10 Approving plans, specifications, form of contract,
and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion
Project. Seconded by Resnick. Parking System Supervisor Tim Horsfield stated that the
project cost is slightly less than originally estimated, but funds already spent on utility
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relocation and design of the initial ramp at 5 and Bluff Street are not reflected in the project
amount. Motion carried 7-0.
Water Pollution Control Plant Upgrade Project: Proof of publication on notice of public
hearing to consider the plans and specifications, form of contract and estimated cost for the
Water Pollution Control Plant Upgrade Project and City Manager recommending approval.
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Motion by Jones to receive and file the documents and adopt Resolution No. 119-10 Approving
plans, specifications, form of contract, and estimated cost for the Water Pollution Control Plant
Upgrade Project. Seconded by Voetberg. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Preliminary Plat – Orchard Park Subdivision: Zoning Advisory Commission recommending
approval of the preliminary plat of Orchard Park Subdivision.
Request of Merrill Crawford, 2110 Jonathan Lane, to address the City Council regarding the
preliminary plat for Orchard Park Subdivision.
Communications from Rob McDonald, Mr. and Mrs. Kenneth Kublie, Mr. and Mrs. Robert
Schute, Edwin A. and Patricia A. Frick, Mary L. Kretz, John and Nancy Ferry, Donald P.
Ruefer, James and Jen Hoppman, Victoria R. Ruefer and Molly and Mike Schumacher in
opposition to the proposed subdivision.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Jones. Planning Services Manager Laura Carstens provided a staff report. Merrill
Crawford, 2110 Jonathan Lane, spoke in opposition to the proposed subdivision on behalf of
area residents. Developer Curtis McDonald described the proposed housing stating that it is a
variety of housing designed to attract young professionals and that concerns will be
addressed. Motion carried 5-2 with Connors and Lynch voting nay.
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Request for Letter of Support for Dubuque Senior Apartments ProjectCity Manager
recommending approval of a letter of support for the 3 Diamond Development’s proposed
affordable housing project, Dubuque Senior Apartments, to be located west of the intersection
of Sylvan and Bies Drives. Motion by Lynch to receive and file the documents and approve the
recommendation. Seconded by Braig. Neal Stein, 3 Diamond Development, 7444 Long
Avenue, Skokie, Illinois, responded to questions from City Council. Motion carried 7-0.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
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advising that the Roshek Brothers Department Store at 250 West 8 Street has been listed in
the National Register of Historic Places effective March 17, 2010. Motion by Voetberg to
receive and file the documents. Seconded by Braig. Motion carried 7-0.
Assistance Pool to Encourage Residential Housing in Downtown: City Manager
recommending approval to issue a Request for Proposals for a second round of applications to
the Downtown Housing Incentive Program and it is further recommended that the City modify
its policy to allow payment of grants associated with the Downtown Rehabilitation Loan
Program to projects as they are completed and as soon as funds are available. Motion by
Voetberg to receive and file the documents and adopt Resolution No. 120-10 Authorizing the
City Manager to solicit proposals for projects to encourage market-rate downtown rental and
owner-occupied residential units in the Greater Dubuque Downtown Urban Renewal District
and approve changes to the Downtown Rehabilitation Loan Program. Seconded by Jones.
Motion carried 7-0.
Problem Property Maintenance Task Force: City Manager recommending approval of
amendments to Title 13, Chapter 6 Solid Waste; and Title 6, Chapter 6 Housing Regulations of
the Code of Ordinances and increasing the annual licensing fee for vacant properties from
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$200 to $300. 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 and adopt Resolution No 121-10
Approving an increase in the license fee for vacant and abandoned buildings. Seconded by
Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 23-10 (as revised)
Amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6-1 Definitions of the City
of Dubuque Code of Ordinances by adding a definition for container; Section 13-6-3 Container
Requirements; Collection Restrictions by adding definitions for garbage bags, oversized rigid
solid waste containers, and solid waste carts; amending Article A City or Private Collection
Service by amending Section 13-6a-4 Placement of Containers for Collection, Subsections A,
C, D, and E and adopting a new Subsection F; and Amending Section 13-6a-6 Rates and
Charges Established; Exceptions, Subsection D; and Ordinance No. 24-10 Amending Title 6
Health, Housing, Sanitation and Environment, Chapter 6, Housing Regulations of the City of
Dubuque Code of Ordinances, by repealing Section 6-6-4 A.3. Notice of Violation; Order of
Compliance, and adopting in lieu thereof a new Section 6-6-4 A.3; by amending Section 6-6-5
Enforcement of Order of City Manager by deleting Paragraph (4); and by repealing Section 6-
6-9 F.1. Extension of Time, and adopting in lieu thereof a new Section 6-6-9 F.1
Housing and Community Development Director David Harris stated that the escalating fee
structure is intended to quicken repairs and deter long periods of unsightly scaffolding.
Assistant City Attorney Tim O’Brien noted two revisions to Ordinance No. 23-10. Motion
carried 7-0.
Law Enforcement Explorer Post: City Manager recommending approval of a partnership
between the Dubuque Police Department and the Northeast Iowa Council of the Boy Scouts of
America (BSA) for the formation of a Law Enforcement Explorer Post. Motion by Jones to
receive and file the documents and approve the recommendation. Seconded by Resnick.
Motion carried 7-0
Southwest Arterial – Iowa Department of Transportation Funding Agreement: City Manager
recommending approval of the execution of the Iowa Department of Transportation (Iowa
DOT) Federal Aid Funding Agreement (Agreement No. 2009-E-275) for development of the
Southwest Arterial Project. Motion by Connors to receive and file the documents and adopt
Resolution No. 122-10 Approving the Iowa Department of Transportation Federal Aid Funding
Agreement (Agreement No. 2009-E-275) for the development of the Southwest Arterial
Project. Seconded by Jones. Motion carried 7-0.
Federal Emergency Management Agency (FEMA): City Manager transmitting the issues
and errors identified by City staff with the preliminary Digitized Flood Insurance Rate Map
(DFIRM) and citizen comments and requesting that FEMA respond in writing. Motion by
Connors to receive and file the documents and approve the recommendation. Seconded by
Voetberg. Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 8:35 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 4/28
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