Minutes_City Council Proceedings 9 20 10CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on September 20, 2010 in the
Historic Federal Building.
Present: Mayor Pro -Tem Braig, Council Members Connors, Jones, Lynch, Resnick,
Voetberg (via telephone), City Manager Van Milligen, Assistant City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro -Tem Braig 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 Sister Dolores McHugh, BVM, Sisters of Charity of the Blessed
Virgin Mary
PROCLAMATIONS
Constitution Week (September 17 — 23, 2010) was accepted by Eileen Coursey, Daughters
of the American Revolution, 2222 Central Avenue; Crop Walk Day in Dubuque (October 3,
2010) was accepted by Dorothy Krayer, 1205 Park Street.; Arts and Humanities Month
(October 2010) was accepted by Arts and Cultural Affairs Advisory Commission Chairperson
Geri Shafer, 1207 Adeline Street, and representatives of the Dubuque Youth Ballet; and Make
a Will Month (October 2010) was accepted Make a Will Month Committee Members Ric Jones,
1370 Dunleith Ct.; Joan Ness, 7638 N. Indian Ridge Road, E. Dubuque, IL; and Dave Schmitz,
1317 Curtis Street,
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated with Item #22 Alcohol Compliance - Civil Penalty for Lot One being removed from the
agenda. Seconded by Resnick. Motion carried 6 -0.
Minutes and Reports Submitted: Airport Commission of 8/2 and 8/16; Arts and Cultural
Affairs Advisory Commission of 7/27; Cable Community Teleprogramming Commission of
8/26; City Council of 9/7; Environmental Stewardship Advisory Commission of 9/7; Park and
Recreation Commission of 8/10; Transit Board of Trustees of 8/12; Zoning Advisory
Commission of 9/1; Zoning Board of Adjustment of 8/26
Proof of publication of the List of Claims and Summary of Revenues for month ended July
31, 2010
Upon motion the documents were received and filed.
Notice of Claims /Suits: Susan M. Schetgen for personal injury; Uneka Lewis vs. City of
Dubuque, et al. 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: Micah Mork for
property damage /vehicle damage; Susan Schetgen for personal injury; Brandon Priem for
property damage. Upon motion the documents were received, filed, and concurred.
Montrose Terrace Stairs Reconstruction Project: City Manager recommending acceptance
of the Montrose Terrace Stairs Reconstruction Project as completed by Max Smith
Construction in the final contract amount of $46,880.80. Upon motion the documents were
received and filed and Resolution No. 361 -10 Accepting the Montrose Terrace Stairs
Reconstruction Project and authorizing payment of the contract amount to the contractor was
adopted.
McAleece Parking Lot Reconstruction Project: City Manager recommending acceptance of
the McAleece Parking Lot Reconstruction Project as completed by River City Paving in the
final contract amount of $233,866.45. Upon motion the documents were received and filed and
Resolution No. 362 -10 Accepting the McAleece Parking Lot Reconstruction Project and
authorizing payment of the contract amount to the contractor was adopted.
Utility Relocation Project — 9 to 10 Street on Central Avenue: City Manager
recommending acceptance of the Utility Relocation Project — 9 to 10 Street on Central
Avenue as completed by Top Grade Excavating, Inc., in the final contract amount of
$727,373.48. Upon motion the documents were received and filed and Resolution No. 363 -10
Accepting the Utility Relocation Project — 9 to 10 Street on Central Avenue and authorizing
payment of the contract amount to the contractor was adopted.
Historic White Water Creek Bridge Relocation Project — Phase I: City Manager
recommending acceptance of the Historic White Water Creek Bridge Relocation Project —
Phase I as completed by Goodwin House Moving, Inc., in the final contract amount of $19,500.
Upon motion the documents were received and filed and Resolution No. 364 -10 Accepting the
White Water Creek Bridge Relocation Project — Phase I and authorizing payment of the
contract amount to the contractor was adopted.
Historic White Water Creek Bridge Relocation Project — Phase II: City Manager
recommending acceptance of the White Water Creek Bridge Relocation Project — Phase II as
completed by Heiar Painting Company in the final contract amount of $54,860. Upon motion
the documents were received and filed and Resolution No. 365 -10 Accepting the White Water
Creek Bridge Relocation Project — Phase II and authorizing payment of the contract amount to
the contractor was adopted.
Southwest Arterial Project — Consultant Professional Services — Supplemental Agreement:
City Manager recommending approval of the execution of the Consultant Professional
Services — Supplemental Agreement with AECOM Technical Services, Inc. for the final
engineering design phase of the Southwest Arterial project, subject to the concurrence of the
Iowa Department of Transportation. Upon motion the documents were received and filed and
Resolution No. 366 -10 Approving the Consultant Professional Services — Supplemental
Agreement No. 5 with AECOM Technical Services, Inc. for the final engineering design phase
of the Southwest Arterial project was adopted.
US 151/61 Twin Valley and Maquoketa Drive Safety Improvements: City Manager
recommending approval of the issuance of a Request for Proposals (RFP) for consultant
2
services regarding the US 151/61 Twin Valley and Maquoketa Drive Safety Improvements
Project. Upon motion the documents were received, filed, and approved.
Structural /Stability Analysis of the Dubuque Levee and Floodwall System: City Manager
recommending approval of the selection of GEI Consultants to provide a structural /stability
analysis of the Dubuque levee and floodwall system. Upon motion the documents were
received, filed, and approved.
Safe Routes to School Program Funding: City Manager recommending approval of the
submission of an application to the Iowa Department of Transportation for a $69,308 Safe
Routes to School Infrastructure Grant. Upon motion the documents were received and filed
and Resolution No. 367 -10 Authorizing the filing of an application with the Iowa Department of
Transportation for a Safe Routes to School Infrastructure Grant Funding for the City of
Dubuque was adopted.
Five Points Traffic Signal Reconstruction Project: City Manager recommending that the bids
received for the Five Points Traffic Signal Reconstruction Project be rejected. Upon motion the
documents were received and filed and Resolution No. 368 -10 Rejecting all competitive bids
received for the Five Points Traffic Signal Reconstruction Project was adopted.
Arts and Economic Prosperity IV Study: City Manager recommending approval of an
agreement with Americans for the Arts to conduct an Arts Economic Impact Study in Dubuque.
Upon motion the documents were received, filed, and approved.
Smart Planning Grant Application: City Manager recommending approval of a letter of
support to the Rebuild Iowa Office for a joint Smart Planning Local Comprehensive Planning
Grant Application. Upon motion the documents were received and filed and Resolution No.
369 -10 Authorizing Smart Planning Grant Application was adopted.
Authorizing Resolutions for Federal Transit Administration (FTA) Applications: City Manager
recommending approval of a corrected Authorization Resolution for FTA Applications 2010
which is necessary for the Federal Transit Authority to release KeyLine Transit's federal
funding. Upon motion the documents were received and filed and Resolution No. 370 -10
Authorizing the filing of applications with the Federal Transit Administration, an operating
administration of the United States Department of Transportation, for federal transportation
assistance authorized by 48 U.S.C. Chapter 53, Title 23 United States Code and other federal
statutes administered by the Federal Transit Administration was adopted.
2010 Justice Assistance Grant (JAG): City Manager recommending acceptance of the 2010
Justice Assistance Grant (JAG) in the amount of $85,521. Upon motion the documents were
received, filed, and approved.
Consolidated Annual Performance and Evaluation Report (CAPER): City Manager
recommending approval of the submission of the Consolidated Annual Performance and
Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development
Department for the period of July 1, 2009 through June 30, 2010. Upon motion the documents
were received and filed and Resolution No. 371 -10 Authorizing the submission of a
Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing
July 1, 2009 and concluding June 30, 2010, was adopted.
3
Area Residential Care Partnership: City Manager recommending approval of pursuing a
Revitalize Iowa Infrastructure Program grant to help fund a west side Keyline transfer center in
partnership with Area Residential Care. Upon motion the documents were received, filed, and
approved.
Washington Neighborhood / Housing Trust Fund Application: City Manager recommending
approval of the submission of a Housing Trust Fund Grant Application to the Iowa Finance
Authority in the amount of $157,250 for continued support of homeownership activities in the
Washington Neighborhood. Upon motion the documents were received and filed and
Resolution No. 372 -10 Approving commitment of matching funds for an application to the Iowa
Finance Authority (IFA) for State Housing Trust Funds was adopted.
Homelessness Prevention and Rapid Re- Housing Program: City Manager transmitting the
City's response to the U.S. Department of Housing and Urban Development regarding three
areas of improvement noted in the recent evaluation of the City's Homelessness Prevention
and Rapid Re- Housing Program. Upon motion the documents were received and filed.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors advising that a public hearing will be held on September 27, 2010 regarding a
Social Host Ordinance for Dubuque County. Upon motion the document was received and
filed.
Alcohol Compliance — Civil Penalty for Lot One: City Manager recommending acceptance of
the Acknowledgement /Settlement Agreement for a second offense alcohol compliance
violation for Lot One, 100 Main Street. This item was removed from the agenda.
Airport Commission: Communication from Sue Hafkemeyer advising that she is resigning
from the Airport Commission. Upon motion the document was received and filed and the
resignation accepted.
Signed Contracts: Canadian National Railroad Track Easement Release and USTs at
Former Public Works Facility. Upon motion the documents were received and filed.
Liquor License Transfer: Request of Rotary Club of Dubuque to transfer their liquor license
to Kruse / Wartham, 600 Century Drive, on October 16, 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. 373 -10 Granting the issuance of a Class "B" Beer Permit (5 -Day Special Event) to Chad
Remakel for the Josh Ryan Benefit; and Resolution No. 374 -10 Granting the issuance of a
Class "LB" (Hotel /Motel) Beer /Liquor License to Hilton Garden Inn /Houlihan Restaurant; a
Class "C" Beer /Liquor License to Fiesta Cancun, The District, Grand River Center, Red Robin,
Angies' Bar, Fat Tuesday, Grand Tap, Happy's Place and Knicker's Saloon (1 -Day Outdoor
Sale); and a Special Class "C" Liquor License (5 -Day Special Event) to Dubuque Jaycees
were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
4
Motion by Lynch to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion
carried 6 -0.
Request to Annex — John Knepper: City Manager recommending that a public hearing be
set for October 18, 2010 to consider a request from John Knepper to voluntarily annex and
rezone 2.79 acres of property on the south side of the City of Dubuque adjacent to Timber -
Hyrst Subdivision. Upon motion the documents were received, filed, and approved setting a
public hearing for a meeting to commence at 6:30 p.m. on October 18, 2010 in the Historic
Federal Building.
Request to Annex — Dubuque Metropolitan Area Solid Waste Agency: City Manager
recommending that a public hearing be set for November 15, 2010 to consider a request from
the Dubuque Metropolitan Area Solid Waste Agency to voluntarily annex and rezone 318.25
acres of property on the west side of the City of Dubuque. Upon motion the documents were
received, filed, and approved setting a public hearing for a meeting to commence at 6:30 p.m.
on November 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:
Airport Commission: One 4 -year term through September 14, 2012 (Term of Czeshinski).
Applicants: Dan Nicholson, 889 Walker Street; and Amy Wagner, 4555 Camelot Drive. Mr.
Nicholson and Ms. Wagner spoke in support of their appointment.
Environmental Stewardship Advisory Commission — Additional Applicants: One 3 -year term
through October 1, 2013 (Term of Suarez). Applicants: Will Hoyer, 486 Clarke Drive; Kenneth
Miller, 195 Julien Dubuque Drive; Adita Sinha, 900 South Grandview Avenue; Stacy
Splittstoesser, 1694 Radford Road, #18. Ms. Sinha and Ms. Splittstoesser spoke in support of
their appointment.
Appointments to the following Boards /Commissions:
Environmental Stewardship Advisory Commission: Two 3 -year terms through October 1,
2013 (Terms of Buelow & Oberdoerster). Applicants: Michael Buelow, 2131 Graham Circle;
and Chad Oberdoerster, 420 Summit Street. Motion by Lynch to appoint Michael Buelow and
Chad Oberdoerster to the Environmental Stewardship Advisory Commission for 3 -year terms
through October 2, 2013. Seconded by Connors. Motion carried 6 -0.
Housing Commission: One 3 -year term through August 17, 2013 (Term of Eddy). Applicant:
Ricardo Woods, 1535 Bluff Street. Motion by Jones to appoint Ricardo Woods to the Housing
Commission for one 3 -year term through August 2013. Seconded by Resnick. Motion carried
6 -0.
Transit Advisory Board: One 3 -year term through July 30, 2013 (Term of Scharnau).
Applicant: Rhonda Knight, 250 W. 6 Street. Motion by Connors to appoint Rhonda Knight to
the Transit Advisory Board for one 3 -year term through July 30, 2013. Seconded by Lynch.
Motion carried 6 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
5
Council.
Request to Rezone — 5304 Pennsylvania Avenue: Proof of publication on notice of public
hearing to consider a request from Bedrock Development, LLC / McFadden Family Partnership
to rezone property located at 5304 Pennsylvania Avenue from AG Agricultural District to R -3
Moderate Density Multi - Family Residential District and Zoning Advisory Commission
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.
Planning Services Manager Laura Carstens provided a staff report. Ed Graham, 1965
Firestone Drive, Bedrock Development, spoke in support of the request. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 53 -10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 5304 Pennsylvania Avenue from AG
Agricultural District to R -3 Moderate Density Multi - Family Residential District. Seconded by
Jones. Motion carried 6 -0.
Request for Text Amendment: Proof of publication on notice of public hearing to consider a
request from the City of Dubuque to amend Article 5 — Unified Development Code to delete
Personal Services as an allowed use in the C -2A Mixed Use Neighborhood District and C -2
Neighborhood Shopping Center District and Zoning Advisory Commission recommending
approval. 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 Lynch. Planning Services
Manager Laura Carstens provided a staff report adding that personal services include health
and beauty care services, which are provided for other areas of the Unified Development
Code. Motion carried 6 -0.
Motion by Jones for final consideration and passage of Ordinance No. 54 -10 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending
Article 5, Zoning Districts, to eliminate Personal Services as a permitted use in the C -2
Neighborhood Shopping Center and C -2A Mixed Use Neighborhood Districts. Seconded by
Lynch. Motion carried 6 -0.
Petition to Vacate a Portion of Van Buren Street at Isborn Avenue: Proof of publication on
notice of public hearing to consider vacating and disposing of a portion of Van Buren Street
right -of -way to David and Bambi Roth and City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 375 -10 Approving the plat
of proposed vacated portion of Van Buren Street east of lsborn Avenue; Resolution No. 376 -10
Vacating a portion of Van Buren Street east of lsborn Avenue; and Resolution No. 377 -10
Disposing of City interest in Lot 97A of Lenox Addition in the City of Dubuque, Dubuque
County, Iowa. Seconded by Connors. Motion carried 6 -0.
Bunker Hill Irrigation Renovation Project: Proof of publication on notice of public hearing to
consider the plans and specifications, form of contract and estimated cost for the Bunker Hill
Irrigation Renovation Project and City Manager recommending approval and award of the
contract to Midwest Irrigation, LLC in the amount of $159,380. Motion by Jones to receive and
file the documents and adopt Resolution No. 378 -10 Approval of plans, specifications, form of
contract, and estimated cost for the Bunker Hill Irrigation Renovation Project; and Resolution
No. 379 -10 Awarding contract for the Bunker Hill Irrigation Renovation Project. Seconded by
6
Connors. Motion carried 6 -0.
Fiscal Year 2011 Budget — Second Amendment: Proof of publication on notice of public
hearing to consider the second amendment to the Fiscal Year 2011 Budget and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 380 -10 Amending the Fiscal Year 2011 Budget. Seconded by Jones. Motion
carried 6 -0.
Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to
consider the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes and
City Manager recommending approval. Motion by Jones to receive and file the documents and
adopt Resolution No. 381 -10 Instituting proceedings to take additional action for the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$10,100,000 Sewer Revenue Capital Loan Notes. Seconded by Connors. Motion carried 6 -0.
Upon motion the rules were suspended limiting discussion to the City Council.
ACTION ITEMS
Implementation of Intercultural Competency Training: City Manager recommending approval
of a pilot training program for implementation of the Intercultural Competency Training for
Board and Commission members as recommended by the Safe Community Task Force.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Jones. Motion carried 6 -0.
Circles Program: City Manager advising that the City is going to begin implementing the
Bridges Initiative, which is the umbrella concept that incorporates three programs: Bridges Out
of Poverty training, Getting Ahead in a Just - Gettin' -By World training and the Circles Program,
which is consistent with the Safe Community Task Force recommendation regarding a major
City -wide human relations effort. Motion by Jones to receive and file the documents. Seconded
by Connors. Motion carried 6 -0.
1t 9/29
COUNCIL MEMBER REPORTS
Jones thanked the representatives of the Dubuque Youth Ballet for attending and reported
on the specifics of the state -of- the -art fire truck on display prior to the meeting.
CLOSED SESSION
Motion by Jones at 7:25 p.m. to go into closed session to discuss security procedures and
emergency preparedness matters pursuant to Chapter 21.5(1) Code of Iowa. Seconded by
Lynch. Motion carried 6 -0.
Upon motion the City Council reconvened in open session at 7:50 p.m. stating that staff had
been give proper direction.
There being no further business, upon motion the City Council adjourned at 7:51 p.m.
/s /Jeanne F. Schneider, CMC
City Clerk
7