Minutes_City Council Proceediings 10 4 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on October 4, 2010 in the
Historic Federal Building.
Present: Mayor Pro-Tem Braig, Council Members, Connors, Jones, Lynch, Resnick,
Voetberg (via phone), City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol
Mayor Pro-Tem Braig read the call and stated this is a special session of the City Council to
conduct a closed session in accordance with Chapter 21.5(1)(c)(j) Code of Iowa.
Motion by Connors to go into closed session at 5:31 p.m. regarding pending litigation
pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 6-0.
Upon motion the City Council reconvened in open session stating that staff had been given
proper direction.
There being no further business, upon motion the City Council adjourned at 6:26 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on October 4, 2010 in the
Historic Federal Building.
Present: Mayor Pro-Tem Braig, Council Members, Connors, Jones, Lynch, Resnick,
Voetberg (via phone), City Manager Van Milligen, City Attorney Lindahl
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 Reverend Lynn Spicer of Faith Temple United Pentecostal
Church
PRESENTATIONS
2010 Census Partnership Recognition was presented by Planning Services Manager Laura
Carstens.
International Economic Development Council – Excellence in Economic Development
Award was presented by Economic Development Director Dave Heiar.
PROCLAMATIONS
Week without Violence (October 10 – 16, 2010) was accepted by Sr. Charla Bulko of the
Dubuque Community Y, 35 N. Booth Street; White Cane Safety Day (October 15, 2010);
National Save for Retirement Week (October 17 – 23, 2010) was accepted by Personnel
Manager Randy Peck; Niemann-Pick Disease Awareness Month (October 2010); Trick or
Treat Night (October 31, 2010) was accepted by Mayor Pro-Tem Braig.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Resnick. Voetberg requested (#7) 2010 Census Awareness Campaign
Summary; (#13) Government Finance Officers Association; and (#14) Office of the Governor
be held for separate discussion. Connors requested (#20) All-Star Community for
Sustainability Initiative be held for separate discussion. Motion carried 6-0.
Minutes and Reports Submitted: City Council of 9/20; Historic Preservation Commission of
9/16; Housing Commission of 8/24; Housing Commission Trust Fund of 8/27 and 9/23; Park
and Recreation Commission of 9/14
Library Board of Trustees Update from the meeting of August 26, 2010
Proof of publication of City Council Proceedings of September 7, 2010 (Work Session and
Regular Session)
Upon motion the documents were received and filed.
Notice of Claims/Suits: Cyndi Harker for property damage; Donald Berg for vehicle damage;
James Norman 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: Dan and Molly
Fitzsimmons for property damage; Donald Berg for vehicle damage; Cyndi Harker for property
damage; James Norman for property damage. Upon motion the documents were received,
filed and concurred.
Pennsylvania Avenue – IA 32 to Vizaleea Drive – Safety Improvements Project: City
Manager recommending acceptance of the Pennsylvania Avenue – IA 32 to Vizaleea Drive –
Safety Improvements Project as completed by McDermott Excavating in the final contract
amount of $316,390.70. Upon motion the documents were received and filed and Resolution
No. 382-10 Accepting the Pennsylvania Avenue – IA 32 to Vizaleea Drive – Safety
Improvements Project and authorizing payment of the contract amount to the contractor was
adopted.
Chavenelle Road Pavement Repair Project: City Manager recommending acceptance of the
Chavenelle Road Pavement Repair Project as completed by Horsfield Construction, Inc., in the
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final contract amount of $37,986.10. Upon motion the documents were received and filed and
Resolution No. 383-10 Accepting the Chavenelle Road Pavement Repair Project and
authorizing payment of the contract amount to the contractor was adopted.
Third Street Overpass Wall and Sidewalk Repair Project: City Manager recommending
acceptance of the Third Street Overpass Wall and Sidewalk Repair Project as completed by
Tschiggfrie Excavating Company in the final contract amount of $41,554.76. Upon motion the
documents were received and filed and Resolution No. 384-10 Accepting the Third Street
Overpass Wall and Sidewalk Repair Project and authorizing payment of the contract amount to
the contractor was adopted.
Rescind Lease Agreement – Dubuque Bruisers Football Team: City Manager
recommending approval of rescinding the lease agreement between the City and Dubuque
Bruisers Football Team for a portion of Roosevelt Park. Upon motion the documents were
received, filed, and approved.
2010 Census Awareness Campaign Summary: City Manager transmitting the Census 2010
Awareness Campaign Summary Report. Motion by Voetberg to receive and file the document.
Seconded by Connors. Voetberg commended Planning Services Manager Laura Carstens for
her work. Motion carried 6-0.
Iowa Clean Air Attainment Program and the Job Access Reverse Commute Program: City
Manager recommending approval of an application for a $225,907 grant from the Iowa Clean
Air Attainment Program (ICAAP) and a $30,058 grant from the Job Access Reverse Commute
Program. Upon motion the documents were received and filed and Resolution No. 385-10
Authorizing an application for funding from the Iowa Clean Air Attainment Program to create a
bus route that serves the west end shopping centers; and Resolution No. 386-10 Authorizing
an application for continuation funding from the Job Access Reverse Commute Program for a
bus route serving the Industrial Park and Industrial Park West were adopted.
Community Foundation of Greater Dubuque: Media release announcing that the Community
Foundation of Greater Dubuque has received a $205,500 grant from the John S. and James L.
Knight Foundation. Upon motion the document was received and filed.
Application for HUD Healthy Homes / Lead Paint Hazard Control Program Funding: City
Manager recommending approval of an application to the U.S. Department of Housing and
Urban Development for continuation of the Lead Paint Hazard Control Program. Upon motion
the documents were received and filed and Resolution No. 387-10 Authorizing the Mayor to
execute an application for a HUD Lead Paint Hazard Control and Healthy Homes Program
Grant was adopted.
Crescent Community Health Center Federal Grant Renewal: City Manager recommending
approval of a letter of support for the Crescent Community Health Center’s Service Area
Competition (SAC) Grant. Upon motion the documents were received, filed, and approved.
Support for Safe Routes to School Infrastructure Grant: Letter of support from the Health
Services Department for the City of Dubuque’s application for a Safe Routes to School
Infrastructure Grant. Upon motion the document was received and filed.
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Government Finance Officers Association: Communication from the Government Finance
Officers Association advising that the City has received the Distinguished Budget Presentation
Award for the current budget and that a Certificate of Recognition for Budget Presentation has
been presented to Budget Director Jennifer M. Larson. Motion by Voetberg to receive and file
the document. Seconded by Connors. Voetberg commended Budget Director Jenny Larson for
her work. Motion carried 6-0.
Office of the Governor: Communication from Govern Chester J. Culver and Lt Governor
Patty Judge informing Paul Schultz that he has been appointed as a member of the Green
Advisory Committee. Motion by Voetberg to receive and file the document. Seconded by
Connors. Voetberg commended Resource Management Coordinator Paul Schultz for his work.
Motion carried 6-0.
Re-Lighting the Fifth Street Ramp and Locust Street Ramp: City Manager recommending
approval of two contracts with TwistHDM/Limelight for replacement lighting in the Fifth Street
Ramp and the Locust Street Ramp. Upon motion the documents were received and filed and
Resolution No. 388-10 Re-Lighting the Fifth Street Ramp and Locust Street Ramp was
adopted.
Plat of Survey – Dubuque Technology Park #3: City Manager recommending approval of a
plat to subdivide Lot 1 of the Dubuque Technology Park #3 to accommodate the development
plans submitted by Conlon Johnson Development, LLC for the Sedgwick expansion. Upon
motion the documents were received and filed and Resolution No. 389-10 Approving plat of
survey of Lot 1 of 1 and Lot 2 of 1 in Dubuque Technology Park #3 in the City of Dubuque,
Iowa, was adopted.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors to the Federal Emergency Management Agency in support of the City of
Dubuque’s technical appeal of the FEMA preliminary DFIRM. Upon motion the documents
were received and filed.
International Economic Development Council: Media release from the International
Economic Development Council announcing that the City of Dubuque has received an
Excellence in Economic Development Award for the Historic Roshek Building Redevelopment
in the category of Public-Private Partnerships.
Press release announcing that the Greater Dubuque Development Corporation was
recognized for Excellence in Economic Development for their Dubuque Works – A Workforce
Initiative in the category of Human Capital from the International Economic Development
Council.
Upon motion the documents were received and filed.
Historic Millwork District Complete Streets TIGER Grant: City Manager recommending
approval of the final TIGER grant funding agreement for the Historic Millwork District Complete
Streets Project. Upon motion the documents were received, filed, and approved.
All-Star Community for Sustainability Initiative: Press release announcing that the Iowa
League of Cities has recognized the City of Dubuque as a 2010 All-Star Community for its
sustainability initiative. Motion by Connors to receive and file the documents. Seconded by
Resnick. Connors presented the award. Motion carried 6-0.
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RECAT Grant Application for Bee Branch Creek Restoration Project: City Manager
recommending approval of a
Notice of Intent to Apply form and Resolution for a RECAT grant
Upon motion the
application for the Bee Branch Creek Restoration Project to Vision Iowa.
documents were received and filed and Resolution No. 390-10 Support of RECAT Program
Application for funding for the Bee Branch Creek Restoration Project was adopted.
AmeriCorps Partners in Learning Supplemental Grant Award: City Manager recommending
approval of the execution of the supplemental grant agreement with the Iowa Commission on
Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the documents
were received, filed, and approved.
Open Burning: Communication from Joan E. Wehrspann, P.O. Box 632, regarding open
burning. 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. 391-10 Granting the issuance of a Class “C” Beer Permit to Hy-Vee Gas #2 and Holy
Ghost Church; and Resolution No. 392-10 Granting the issuance of a Class “C” Beer/Liquor
License to Denny’s Lux Club and Loras College; and a Class “WBN Native Wine” to Solon
Langworthy House were adopted.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 6-0.
Amended and Restated Development Agreement – Conlon Johnson Development, LLC:
City Manager recommending that a public hearing be set for October 18, 2010 to consider an
Amended and Restated Development Agreement with Conlon / Johnson to accommodate the
Company’s continued growth in the Technology Park. Upon motion the documents were
received and filed and Resolution No. 393-10 Intent to dispose of an interest in City of
Dubuque real estate and fixing the date for a public hearing of the City Council of the City of
Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of an Amended and Restated Development Agreement relating
thereto with Conlon Johnson Development, LLC, and providing for the publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
October 18, 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 Trust Fund Advisory Committee: One 3-year term through September 8, 2013
(Term of Walsh). Applicant: John Walsh, 3116 Spring Valley Road.
Appointments to the following Boards/Commissions:
Airport Commission: One 4-year term through September 14, 2012 (Term of Czeshinski-
Hafkemeyer). Applicants: Dan Nicholson, 889 Walker Street; Amy Wagner, 4555 Camelot
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Drive. Upon roll-call vote, Amy Wagner was appointed to the Airport Commission for one 4-
year term through September 8, 2013.
Environmental Stewardship Advisory Commission: 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; and Stacy Splittstoesser, 1694
Radford Road, #18. Upon roll-call vote, Adita Sinah was appointed to the Environmental
Stewardship Advisory Commission for one 3-year term through October 1, 2013.
ACTION ITEMS
Convention and Visitors Bureau Quarterly Report: Keith Rahe, Convention and Visitors
Bureau, to provide a verbal quarterly report. Motion by Lynch to receive and file the
documents. Seconded by Resnick. Motion carried 6-0.
Upper Main Street National Register of Historic Places District: Historic Preservation
Commission recommending approval of an amendment to the Upper Main Street National
Register of Historic Places District to include 909 Main Street (the Fischer Building), 951 Main
Street, 955 Main Street and 965 Main Street. Motion by Voetberg to receive and file the
documents and approve the recommendation. Seconded by Jones. Motion carried 6-0.
Schroeder-Kleine Grocer Company Warehouse and M.M. Walker Company Warehouse:
Historic Preservation Commission recommending that the Schroeder-Kleine Grocer Company
Warehouse and M.M. Walker Company Warehouse be nominated to the National Register of
Historic Places. Motion by Voetberg to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 6-0.
Walker’s Shoe Store: Historic Preservation Commission recommending that the Walker
Shoe Store building be nominated to the National Register of Historic Places. Motion by
Voetberg to receive and file the documents and approve the recommendation. Seconded by
Jones. Motion carried 6-0.
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Washington Street and East 22 Street Historic District: Historic Preservation Commission
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recommending that the Washington Street and East 22 Street Historic District be nominated
to the National Register of Historic Places. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Voetberg. Motion carried 6-0.
Historic Millwork District Parking: City Manager recommending approval of an Offer to Buy
Real Estate and Acceptance for the Alamo site in the Historic Millwork District to develop
parking to support redevelopment of the District. Motion by Connors to receive and file the
documents and adopt Resolution No. 394-10 Approving an agreement for the purchase of real
estate in the Historic Millwork District, City of Dubuque, Iowa, commonly referred to as the
Alamo site, from Warehouse Redevelopment, LLC. Seconded by Jones. Responding to
questions from the City Council, Economic Development Director Dave Heiar stated that the
percentage of public parking versus private parking is not known yet and will be determined by
the final design and developer needs. Motion carried 6-0.
Lot One, LLC Settlement Agreement: City Manager recommending approval of the
Settlement / Acknowledgement Agreement of Lot One, LLC, and communication from Joseph
Zwack, Lot One, LLC, regarding the Alcohol Compliance Settlement Agreement. Motion by
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Connors to receive and file the documents and approve the recommendation. Seconded by
Voetberg. Motion carried 6-0.
Safe Community Advisory Committee: City Manager recommending approval of the creation
of the Safe Community Advisory Committee. 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 Resnick. Responding to questions from the City Council, Van
Milligen stated that the duration of the committee can be extended beyond the recommended
sunset date of December 31, 2011. Connors asked that current Safe Community Task Force
members and subcommittee members be solicited for membership. Voetberg stated that the
Task Force’s list of recommendations be noted as such and not as recommendations from the
City Council. Jones stated that he believes it is the responsibility of the Council to implement
the recommendations of the Task Force and this measure may slow the process. Connors and
Resnick stated they favored the sunset extension option. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 55-10 Creating a
Safe Community Advisory Committee. Seconded by Voetberg. Motion carried 5-1 with Jones
voting nay.
Iowa Great Places Video: City Manager transmitting information on the City of Dubuque’s
Iowa Great Places Designation and the Iowa Great Places Video. Motion by Connors to
receive and file the documents. Seconded by Resnick. Assistant City Manager Cindy
Steinhauser introduced and presented the video. Motion carried 6-0.
Continued Implementation of IBM Smarter City Partnership: City Manager recommending
continued implementation of the Smarter City Partnership with IBM into the area of vehicle
miles traveled. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Lynch. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Connors reported on attending the recent Iowa League of Cities Conference and the
Glimmer of Hope – Domestic Violence Awareness event.
Braig reported on attending the HEART dinner and program.
CLOSED SESSION
Motion by Lynch to go into closed session at 7:52 p.m. regarding Pending Litigation and
Property Acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick.
Motion carried 6-0.
Upon motion the City Council reconvened in open session at 9:19 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:20 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 10/13
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