Minutes_City Council Proceedings 10 18 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on October 18, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Connors, Jones, Lynch, Resnick, Voetberg, Acting
City Manager Carstens, City Attorney Lindahl
Absent: Council Member Braig, City Manager Van Milligen
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 Pastor Dianne Christopher of St. Luke's Methodist Church.
PRESENTATION
Iowa Wellness Council's Healthy Community Award was presented by Health Services
Manager Mary Rose Corrigan.
PROCLAMATION
Dubuque Weatherization Challenge Day was accepted by Thomas Stovall, Operation: New
View Community Action Agency, 1473 Central Avenue; and Laura Roussell, Black Hills
Energy, 1015 Cedar Cross Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated except for (#12) National Mississippi River Museum and Aquarium Rivers Center
Project – Phase II, which was removed from the agenda. Seconded by Resnick. Motion carried
6-0.
Minutes and Reports Submitted: City Council of 10/4 and 10/12; Community Development
Advisory Commission of 9/7; Human Rights Commission of 9/13; Zoning Advisory Commission
of 10/6; Zoning Board of Adjustment of 9/23
Proofs of publication of City Council Proceedings of September 20, 2010 and List of Claims
and Summary of Revenues for Month Ended August 31, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Gregory Doser for vehicle damage; William J. Millman for vehicle
damage; Mark and Kim Tranel for property damage; Anne Holmberg for personal injury. 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: Gregory Doser for
vehicle damage; William J. Millman for vehicle damage; Mark and Kim Tranel for property
damage. Upon motion the documents were received, filed and concurred.
Replacement of Solid Waste Collection Vehicle: City Manager recommending approval of
the replacement of solid waste collection vehicle #3419 subject to a future budget amendment.
Upon motion the documents were received, filed, and approved.
Camille Blackbourn Claim: Communication from Bradley T. Boffeli, Blair & Fitzsimmons,
P.C., requesting that the claim of Camille Blackbourn for vehicle damage be reviewed. Upon
motion the document was received, filed and referred to the City Attorney.
Iowa Department of Transportation: Official notification that the Iowa Department of
Transportation proposes to let a HMA (Hot Mix Asphalt) Joint and Crack Sealing project
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located on US 52 from 32 Street northerly to Iowa 32 in Dubuque on December 21, 2010.
Upon motion the document was received and filed.
Plat of Survey – Lott Addition: Zoning Advisory Commission recommending approval of the
Plat of Survey of 637 Arlington Street as requested by Dave Schneider / David and Julie Lott.
Upon motion the documents were received and filed and Resolution No. 396-10 Approving the
Plat of Survey of Lott Addition in the City of Dubuque, Iowa, was adopted.
Final Plat – Westwood Heights No. 2: Zoning Advisory Commission recommending approval
of the Final Plat of Lot 1 and Lot 2 of Westwood Heights No. 2 in the County of Dubuque, Iowa.
Upon motion the documents were received and filed and Resolution No. 397-10 Approving the
Final Plat of Lot 1 and Lot 2 of Westwood Heights No. 2 in the County of Dubuque was
adopted.
Sustainable Dubuque Task Force: Communication from the Iowa Chapter of the American
Planning Association advising that the Sustainable Dubuque planning process has been
selected to receive the Chapter’s Excellence Award for Innovation for Sustaining Places. Upon
motion the document was received and filed.
School Resource Officer Agreement: City Manager recommending approval of the Fiscal
Year 2010/2011 School Resource Officer agreement between the City of Dubuque Police
Department and the Dubuque Community School District. Upon motion the documents were
received, filed, and approved.
Dubuque Industrial Center West-North Siegert Farm Phase III – PCC Paving and Utilities
Project: City Manager recommending acceptance of the Dubuque Industrial Center West-North
Siegert Farm Phase III – PCC Paving and Utilities Project, as completed by Horsfield
Construction, Inc., in the final contract amount of $693,058.70. Upon motion the documents
were received and filed and Resolution No. 398-10 Accepting the Dubuque Industrial Center
West-North Siegert Farm Phase III – PCC Paving and Utilities Project and authorizing payment
of the contract amount to the contractor was adopted.
I-JOBS Agreement – Lower Bee Branch Creek Restoration Project: City Manager
recommending approval of the I-JOBS Grant Agreement for the Lower Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
399-10 Authorizing the execution of a Grant Agreement with the Iowa Jobs Board and the Iowa
Finance Authority as required for the City’s receipt of $3,965,500 in State I-JOBS funding for
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the Lower Bee Branch Creek Restoration Project was adopted.
National Mississippi River Museum and Aquarium Rivers Center Project – Phase II: This
item was removed from the agenda.
Asbury Plaza No. 12: City Manager recommending that the developer of Asbury Plaza No
12, Rubloff Development Group, Inc., be required to install street lighting in 2010 and be given
until July 1, 2011, to complete the public improvements as required by the Resolution
approving the Final Plat. Upon motion the documents were received and filed and Resolution
No. 400-10 Amending Resolution No. 387-04 Approving the Final Plat of Asbury Plaza No. 12
in the City of Dubuque, Iowa, was adopted.
North Grandview Avenue and Rosedale Avenue Storm Sewer Repair: City Manager
recommending approval of the emergency repairs of the North Grandview Avenue and
Rosedale Avenue Storm Sewer Repair Project, and to solicit informal bids for the project
through adoption of the attached resolution. Upon motion the documents were received and
filed and Resolution No. 401-10 Authorizing emergency repairs to the storm sewer at North
Grandview Avenue and Rosedale Avenue was adopted.
2010 Public Right-of-Way Sidewalk Repair Assessment Project: City Manager
recommending approval of the final assessment schedule for the 2010 Public Right-of-Way
Sidewalk Repair Assessment Project. Upon motion the documents were received and filed and
Resolution No. 402-10 Adopting the final assessment schedule for the 2010 Public Right-of-
Way Sidewalk Repair Assessment Project was adopted.
Historic Millwork District Development: Communication from Jill Connors, Gronen
Restoration, to Michael Brannon, President of the Dubuque Community School District,
regarding the DCSD’s Facilities Global Strategy. Upon motion the document was received and
filed.
Termination of Lease – ABC Supply: City Manager recommending approval of the
termination of the current lease with ABC Supply. Upon motion the documents were received,
filed, and approved.
International Economic Development Council (IEDC): Media release announcing that East
Central Intergovernmental Association received an Excellence in Economic Development
Award for their AccessMyFuture.com – Find Your Road to Success in the category of Special
Purpose Website from the International Economic Development Council (IEDC). Upon motion
the document was received and filed.
Hillcrest Family Services Agreement: City Manager recommending approval of an
agreement with Hillcrest Family Services for the use of Murphy Park from October 30th
through January 10th to set up a holiday light display. Upon motion the documents were
received, filed, and approved.
Assistance to Firefighter Grant Application: City Manager recommending approval of an
Assistance to Firefighter Grant Program application to the U.S. Department of Homeland
Security for public education, inspection and equipment funding. Upon motion the documents
were received, filed, and approved.
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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. 403-10 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.
Storm Water Utility Revenue Capital Loan Notes, Series 2010G: City Manager
recommending approval of the final proceedings providing for the issuance of $7,850,000
Storm Water Utility Revenue Capital Loan Notes, Series 2010G. Upon motion the documents
were received and filed and Resolution No. 404-10 Approving and authorizing a form of Loan
and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance
Authority, and authorizing and providing for the issuance and securing the payment of
$7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G, of the City of
Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of
payment of said Notes was adopted.
Legislative Correspondence: Communication from Senator Charles Grassley regarding the
Transit Investment for Greenhouse Gas and Energy Reduction (TIGGER) application
submitted by the City of Dubuque. Upon motion the document was received and filed.
Liquor License Refunds: Refund of K-Chap Foods, Inc. Beer Permit No. BC 0013779 in the
amount of $56.25; Refund of Mr. Rogers Pub LLC Class C Liquor License No. LC0035906 in
the amount of $295.75. Upon motion the documents were received and filed and the refunds
approved.
Cigarette and 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. 405-10 Granting the issuance of one new cigarette license to Kohinoor
Grocers; Resolution No. 406-10 Granting the issuance of a Class “B” Beer Permit to Happy
Joe’s Ice Cream and Pizza Parlor and a Class “C” Beer Permit to Target Store and Big 10 Mart
Car Wash; and Resolution No. 407-10 Granting the issuance of a Class “C” Beer/Liquor
License to Manna Java World Café, Europa Haus & Bierstube, The Bank Bar & Grill, Jumper’s
Sports Bar, Rainbow Lounge, Dog House Lounge and Crust Italian Kitchen; a Special Class
“C” Liquor License to HuHot Mongolian Grill; and a Class “B” Wine Permit to Crust Italian
Kitchen and Target Store were adopted.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Connors 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.
Sale of Property – 2015 Washington Street: City Manager recommending that a public
hearing be set for November 1, 2010 to consider the sale of property located at 2015
Washington Street to Jerry Chase and Julie Woodyard. Upon motion the documents were
received and filed and Resolution No. 408-10 Resolution of intention to dispose of City-owned
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property, specifically, the northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the
City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2015
Washington Street was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on November 1, 2010 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to 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. Motion by Lynch to appoint John Walsh to the Housing Trust
Fund Advisory Committee for a three-year term through September 8, 2013. Seconded by
Jones. Motion carried 6-0.
PUBLIC HEARINGS
Request to Rezone – End of Radford Court: Proof of publication on notice of public hearing
to consider a request from John Herrig / Flint Drake / Radford Development, LLC, to rezone
property located at the end of Radford Court from C-2 Neighborhood Shopping Center District
to R-4 Multi-Family Residential District and Zoning Advisory Commission recommending
approval.
Communication from Planning Services Manager Laura Carstens advising that 31.7% of the
adjacent property owners within 200 feet of the rezoning are in opposition; therefore, a super-
majority vote of the City Council is necessary to approve the rezoning request.
Communication from Mark J. Sullivan requesting that the proposed rezoning of property
located on Radford Court be tabled to November 15, 2010.
Communication and petition from Mark J. Sullivan in opposition to the proposed rezoning.
Communication from Flint Drake requesting that the proposed rezoning of property located
on Radford Court be tabled to November 1, 2010.
Motion by Jones to table the proposed ordinance amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by reclassifying hereinafter described
property located at the end of Radford Court from C-2 Neighborhood Shopping Center District
to R-4 Multi-Family Residential District to November 15, 2010. Seconded by Lynch. Motion
carried 6-0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone – Property South of Creekwood Drive: Proof of publication on notice of
public hearing to consider a request from Davin Curtiss (representing John Knepper) to rezone
property located south of Creekwood Drive, in conjunction with annexation, from County C-1
and R-2 to City R-1 Single-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 Lynch.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 56-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property, in conjunction with annexation, located south of
Creekwood Drive from County C-1 and R-2 to City R-1 Single-Family Residential District.
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Seconded by Jones. Motion carried 6-0.
Request to Annex – John Knepper: Proof of publication on notice of public hearing 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 and City
Manager recommending approval. Motion by Lynch to receive and file the documents and
adopt Resolution No. 409-10 Approving application for voluntary annexation of territory to the
City of Dubuque, Iowa. Seconded by Jones. Motion carried 6-0.
Request to Rezone – 40, 42, 44 and 48 Main Street: Proof of publication on notice of public
hearing to consider a request from Jay Freeberry to rezone property located at 40, 42, 44 and
48 Main Street from C-3 General Commercial and C-4 Downtown Commercial District to OC
Office Commercial 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 Voetberg. Developer Chris
Miller, 44 Main LLC, 1415 Foulk Road, Wilmington, Delaware, spoke in support of the
proposed ordinance on behalf of the applicant. Planning Services Manager Laura Carstens
provided a staff report. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 57-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 40, 42, 44 and 48 Main Street from C-4
Downtown Commercial District to OC Office Commercial District. Seconded by Voetberg.
Motion carried 6-0.
44 Main, LLC – Development Agreement: Proof of publication on notice of public hearing to
consider the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue
Bonds and a proposed Development Agreement with 44 Main, LLC and City Manager
recommending approval. Motion by Voetberg to receive and file the documents and adopt
Resolution No. 410-10 Instituting proceedings to take additional action for the issuance of not
to exceed $350,000 Urban Renewal Tax Increment Revenue Notes; and Resolution No. 411-
10 Authorizing and providing for the issuance of $337,000 Urban Renewal Tax Increment
Revenue Notes, Taxable Series 2010H (44 Main, LLC Project) of the City of Dubuque, Iowa,
and providing for the securing of such notes for the purpose of carrying out an Urban Renewal
Project in the area of the City of Dubuque, Iowa, designated as the Greater Downtown Urban
Renewal District. Seconded by Jones. Responding to questions from City Council, Economic
Development Director Dave Heiar stated that this project has helped satisfy some of the need
for downtown housing and a request for proposals for additional units is planned pending
approval. Motion carried 6-0.
Amended and Restated Development Agreement – Conlon Johnson Development, LLC:
Proof of publication on notice of public hearing to consider an Amended and Restated
Development Agreement with Conlon / Johnson to accommodate the Company’s continued
growth in the Technology Park and City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 412-10 Approving an Amended and
Restated Development Agreement providing for the sale of Lot 2-1 of Dubuque Technology
Park No. 3, in the City of Dubuque, Iowa, according to the recorded plat thereof to Conlon
Johnson Development, LLC. Seconded by Connors. Motion carried 6-0.
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Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Resolution of Support: Communication from Arnie Honkamp and Dan Hammel requesting
that City Council adopt a Resolution of Support for the referendum on the continuation of
gaming in Dubuque County. Motion by Jones to receive and file the documents and adopt
Resolution No. 413-10 Supporting the referendum on the continuation of gaming in Dubuque
County, Iowa. Seconded by Voetberg. Motion carried 6-0.
Amendment to Development Agreement – 40 Main, LLC: City Manager recommending
approval of the Third Amendment to the Development Agreement with 40 Main, LLC and
authorize agreements to allow for refinancing of the project. Motion by Connors to receive and
file the documents and adopt Resolution No. 414-10 Approving the Third Amendment to the 40
Main, LLC Development Agreement. Seconded by Voetberg. Motion carried 6-0.
Downtown Housing Incentive Program: City Manager recommending approval of projects by
Bonson Block, LLC and 44 Main, LLC to receive incentives to create new housing units within
the Greater Downtown Urban Renewal District and the issuance of a Request for Proposals for
a third round of applications. Motion by Lynch to receive and file the documents and adopt
Resolution No. 415-10 Approving an award to Bonson Block, LLC and 44 Main, LLC from the
Downtown Housing Incentive Pool to create new market-rate housing units within the Greater
Downtown Urban Renewal District and recommend closeout of the second round of
applications for the incentive program and authorizing the City Manager to solicit proposals for
a third round of applications. Seconded by Voetberg. Motion carried 6-0.
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18 Street Office Building Renovation – Request for Proposals: City Manager
recommending approval of the issuance of a Request for Proposals to seek qualified firms
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interested in providing architectural design and construction administration services for the 18
Street Office Building Renovation Project and authorize the City Manager to negotiate and
execute the contract. Motion by Voetberg to receive and file the documents and approve the
recommendation. Seconded by Connors. Motion carried 6-0.
Community Development Block Grant Award to CARADCO Project: City Manager
recommending that he be authorized to indicate to the Iowa Department of Economic
Development the City’s interest in accepting a $3 million Community Development Block Grant
award for the CARADCO project. Motion by Voetberg to receive and file the documents and
approve the recommendation. Seconded by Connors. Motion carried 6-0.
Safe Community Task Force: City Manager transmitting information on the Dubuque Police
Department’s response to two Safe Community Task Force recommendations – (1) direct the
Police Department to enforce noise ordinances more aggressively and (2) direct the Police
Department to enforce traffic ordinances more aggressively. Motion by Connors to receive and
file the documents. Seconded by Lynch. Connors commended the success and work of the
Police Department. Motion carried 6-0.
Dubuque Community School District School Closure Options: City Manager recommending
approval of the transmittal of the City of Dubuque’s report on the proposed public school
closure options being considered by the Dubuque Community School District to the Dubuque
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Community School District Board of Directors and request that the Board reconsider their
decision. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Resnick. With the Mayor’s approval, School Board President
Mike Brannon, 489 So. Grandview Avenue, spoke regarding the District’s original intent and
the School Board’s current recommendation to direct administration to comprehensively
redesign its facilities planning process through consensus with a new time line and community
feedback. Motion carried 6-0.
CLOSED SESSION
Motion by Jones at 7:46 p.m. to go into closed session regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Voetberg.
Motion carried 6-0.
Upon motion the City Council reconvened in open session at 8:31 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:32 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 10/27
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