Minutes_City Council Proceedings 5 2 11
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on May 2, 2011 in the Historic
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Federal Building, 350 W. 6 Street.
Present: Mayor Buol, Council Members Sutton, Braig, Connors, Jones, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Lynch
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 Father Tom Zinkula of Holy Spirit Pastorate.
SWEARING IN
Mayor Pro-Tem Lynn Sutton
PROCLAMATIONS
Bike to Work Week (May 16-20, 2011) was accepted by Mike Loebach and Candace
Eudaley, Co-Chairs of the Bike to Work Week Committee for the Tri-State Trails Vision, 7600
Commerce Park; National Train Day (May 7, 2011) was accepted by Ed Sheppley, 2590 St.
Anne Drive, and Jack Paisley, 816 Euclid Street; Preservation Month (May 2011) was
accepted by Historic Preservation Commission Chairperson David Klavitter.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Resnick. Braig requested (#21) Serve America be held for separate
discussion. Motion carried 6-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission 3/22; City
Council of 4/18; Historic Preservation Commission of 4/21; Housing Commission of 3/29;
Human Rights Commission of 3/10; Long Range Planning Advisory Commission of 4/20
Library Board of Trustees Update from Meeting of March 24, 2011
Proof of Publication of City Council Proceedings of April 4, 2011
Upon motion the documents were received and filed.
Notice of Claims/Suits: Keith Bonnet for vehicle damage; Janice A. Leonard-Harrington for
personal injury; Carolyn Leute 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: Keith Bonnet for
vehicle damage; Janice Leonard-Harrington for personal injury; Carolyn Leute for personal
injury; Joyce Terris for property damage; Lois Weinschenk for property damage. Upon motion
the documents were received, filed, and concurred.
Mediacom: Communication from Mediacom Senior Manager of Government Relations Lee
Grassley advising the City of Dubuque of changes in programming. Upon motion the document
was received and filed.
United States Department of State: Communication from Kerri-Ann Jones, Assistant
Secretary of State for Oceans and International Environmental and Scientific Affairs,
responding to the City’s request for a Supplemental Environmental Impact Statement (EIS) for
the Keystone XL pipeline. Upon motion the documents were received and filed.
Civic Center Commission: Communication from Marilynne Field submitting her resignation
from the Civic Center Commission. Upon motion the document was received and filed and the
resignation accepted.
Substance Abuse Services Center (SASC): Substance Abuse Services Center Executive
Director Diane K. Thomas submitting the SASC Third Quarter Report. Upon motion the
documents were received and filed.
Lead Hazard and Healthy Homes Program: City Manager recommending approval of the
execution of the amendments to the contracts for the Lead Hazard and Healthy Homes
Program awards through the U.S. Department of Housing and Urban Development. Upon
motion the documents were received, filed, and approved.
Purchase of Property – 1753 Washington Street: City Manager recommending purchase of
property at 1753 Washington Street for deconstruction and removal. Upon motion the
documents were received and filed and Resolution No. 143-11 Approving the acquisition of
real estate located at 1753 Washington Street in the City of Dubuque was adopted.
Carnegie-Stout Public Library Renovation Project: City Manager recommending acceptance
of the construction contract for the Carnegie-Stout Public Library Renovation Project –
Contract No. 3 as completed by Dubuque Glass Company in the final amount of $292,177.
Upon motion the documents were received and filed and Resolution No. 144-11 Accepting the
Carnegie-Stout Public Library Renovation Project, Contract No. 3 – aluminum entrances,
skylights & glazing systems, and authorizing the payment of the contract amount to the
contractor was adopted.
Iowa Department of Transportation (IDOT): City Manager recommending approval of a five-
year agreement with the Iowa Department of Transportation (IDOT) for maintenance and
repair of primary highways within the City’s corporate limits. Upon motion the documents were
received, filed, and approved.
Paragon Square Urban Revitalization Area Plan: Communication from the Long Range
Planning Advisory Commission recommending approval of the proposed Paragon Square
Urban Revitalization Area Plan advising that it is consistent with the 2008 Dubuque
Comprehensive Plan. Upon motion the documents were received and filed.
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Plat of Survey – Youtzy Subdivision: Zoning Advisory Commission recommending approval
of the Plat of Survey for the Youtzy Subdivision as requested by Davie Schneider and Ricky
Youtzy. Upon motion the documents were received and filed and Resolution No. 145-11
Approving the Plat of Survey of Youtzy Subdivision in the City of Dubuque, Iowa, was adopted.
Request for Proposals – City Hall Cooling Upgrade Design: City Manager recommending
approval to issue a Request for Proposals for the City Hall Cooling Upgrade Project. Upon
motion the documents were received, filed, and approved.
Bee Branch Creek Restoration Project – Purchase of 507 Garfield Avenue: City Manager
recommending purchase of commercial property at 507 Garfield Avenue from IBC Sales
Corporation (Continental Baking Co.) at the appraised value of $250,000 for the Bee Branch
Creek Restoration Project. Upon motion the documents were received and filed and
Resolution No. 146-11 Approving the acquisition of real estate owned by IBC Sales
Corporation in the City of Dubuque was adopted.
Bee Branch Creek Restoration Project - Purchase 1502 Maple Street: City Manager
recommending approval to establish the fair market value of 1502 Maple Street at the
appraised value of $73,000 and authorize the City Manager to begin negotiations to acquire
the property for the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 147-11 Establishing the fair market value of certain real
property owned by Milton E. Schwartz in the City of Dubuque, Iowa, was adopted.
Bee Branch Creek Restoration Project - Purchase of East Dubuque Addition: City Manager
recommending approval to establish the fair market value of W ½ and E ½ Lot 351 East
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Dubuque Addition (NE corner of East 15 and Cedar Streets) at the appraised value of
$66,950 and authorize the City Manager to begin negotiations to acquire the property for the
Bee Branch Creek Restoration Project. Upon motion the documents were received and filed
and Resolution No. 148-11 Establishing the fair market value of certain real property owned by
Junnie and Rich’s coin in the City of Dubuque, Iowa, was adopted.
Dubuque Regional Airport RISE Grant Agreement: City Manager recommending approval of
the Revitalize Iowa’s Sound Economy (RISE) grant agreement for the construction of a road
west from Highway 61 to access lots in the Dubuque Regional Airport. Upon motion the
documents were received and filed and Resolution No. 149-11 Authorizing a Revitalize Iowa’s
Sound Economy (RISE) grant agreement acceptance for the construction of a road west from
Highway 61 to access lots in the Dubuque Regional Airport Industrial Park was adopted.
Fiscal Year 2012 Detailed Operating Budget for the Five Flags Center: City Manager
recommending approval of the detailed Fiscal Year 2012 operating budget for the Five Flags
Center as submitted by SMG. Upon motion the documents were received, filed, and approved.
Smart Planning Consortium Update: City Manager providing an update on the March 9 and
April 6, 2011 Smart Planning Consortium meetings and public participation training for City
Council consideration. Upon motion the documents were received and filed.
Mathias Ham House: City Manager submitting a letter of support regarding a grant
application for the Mathias Ham House by the Silos and Smokestacks National Heritage Area.
Upon motion the documents were received and filed.
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Serve America: City Manager submitting a press release from Serve America announcing
that, “Ten public and private partner organizations and seven different National Service
Programs celebrated the two year anniversary of the Edward M. Kennedy Serve America Act
with a ‘Serve America’ bus tour through Dubuque, Iowa, on April 21, 2011 as one of nine
communities selected across the country.” Motion by Braig to receive and file the documents.
Seconded by Resnick. Braig made special note of Dubuque’s recognition and placement
among the larger national cities and presented Mayor Buol with a Certificate of Appreciation
from Senator Charles Grassley. Motion carried 6-0.
Iowa Finance Authority (IFA): City Manager submitting a communication from David Vaske,
Tax Credit Manager for the Iowa Finance Authority, notifying the City that a Low-Income
Housing Tax Credit application has been submitted for the Rose of Dubuque Project. Upon
motion the documents were received and filed.
Friends of the Mines of Spain: City Manager submitting a press release from the Friends of
the Mines of Spain announcing receipt of an award for Excellence in Interpretive Support from
the National Association for Interpretation Region 5. Upon motion the documents were
received and filed.
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Purchase of Property at 375 East 9 Street (Alamo Property): City Manager recommending
acceptance of a Warranty Deed from Rouse and Dean Building, LLC for property located at
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375 East 9 Street known as the Alamo property. Upon motion the documents were received
and filed and Resolution No. 150-11 Accepting the deed to certain real estate in Dubuque
County, Iowa, from Rouse and Dean Foundry Building, LLC was adopted.
Encephalitis Monitoring Memorandum of Understanding (MOU): City Manager
recommending approval of a Memorandum of Understanding (MOU) with the Iowa Department
of Public Health for services related to Encephalitis and West Nile disease monitoring. Upon
motion the documents were received, filed, and approved.
Special Assessment: Communication from John Herrig, 13750 Surrey Lane, requesting that
a special assessment for garbage removal at his property at 695 / 697 Caledonia Street be
forgiven. Upon motion the documents were received, filed, and referred to the City Attorney.
Dubuque County Fine Arts Society (DCFAS): Mayor Buol submitting a letter of support for
the Dubuque County Fine Arts Society (DCFAS) with respect to its Iowa Community Cultural
Grant request. 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. 151-11 Granting the issuance of a Class “C” Beer/Liquor License to Carlos O’Kelly’s (1-
day Outdoor Sale), West Dubuque Tap, Tott’s Tap, Shot Tower Inn, Bar X; Class “B” Wine
permit to Oky Doky #2, Oky Doky #1, Beecher Beverage, Walgreen Drug #9708; Class “WBN”
Native Wine Permit to Keywest Conoco, Tobacco Outlet; Class “WCN” Native Wine Permit to
Stone Cliff Winery, Inc.; and Resolution No. 152-11 Granting the issuance of a Class “B” Beer
Permit to Dubuque County Fine Arts, Music N More Promotions; Class “C” Beer Permit to
Ron’s Discount Smokes/Beverage; Walgreens #9708, Beecher Beverage, Keywest Conoco,
Tobacco Outlet #504, McCann Service, Oky Doky #1, Oky Doky #2 were adopted.
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors 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 6-0.
US Hwy 61 / 151 Capacity Improvements: City Manager recommending initiation of the
public bidding process for the US. Hwy 151/16 Capacity Improvements and that a public
hearing be set for May 16, 2011. Upon motion the documents were received and filed and
Resolution No. 153-11 Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract, and
estimated cost; and ordering the advertisement for bids was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on May 16, 2011 in the Historic Federal Building.
Walter Development, LLC and TM Logistics, Inc.: City Manager recommending that a public
hearing be set for May 16, 2011 on the disposition of approximately 2.616 acres at the
Dubuque Industrial Center West for Walter Development, LLC and TM Logistics, Inc. Upon
motion the documents were received and filed and Resolution No. 154-11 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 a development agreement relating
thereto with Walter Development, LLC and TM Logistics, Inc., 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 May 16, 2011 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:
Electrical Code Board: Three 3-year terms through May 22, 2011 (Expiring terms of Dixon,
Hammel, and Mueller). Applicants: James Dixon, 2505 Marquette Place; Dan Hammel, 3163
Hillcrest Road, #4’ and Ronald Mueller, 3780 Sunlight Ridge
Human Rights Commission: Shayna Boxleiter and Kimberly Schroeder requested their
application be pulled from consideration.
Safe Community Advisory Committee: One 1-year term through December 31, 2011
(Vacant term of Sutton). Applicants: Amanda Elkins, 2257 Chaney Road, #2; and Douglas
Ropa, 1190 University Avenue. Mr. Ropa spoke in support of his appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Greater Downtown Urban Renewal District Expansion: Proof of publication on notice of
public hearing to consider expansion of the Greater Downtown Urban Renewal District.
Communication from the Long Range Planning Advisory Commission recommending
approval of the proposed Greater Dubuque Urban Renewal District Expansion and advising
that it is consistent with the 2008 Dubuque Comprehensive Plan.
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Motion by Jones to receive and file the documents and adopt Resolution No. 155-11
Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District. Seconded by Braig. Kelly Hingtgen, 3416 Foothill Street, expressed concerns
about her belief that the City was incurring debt. City Manager Van Milligen and Economic
Development Director Dave Heiar clarified that the measure increases the City’s capacity to
incur debt and this it would create opportunity for future projects. Motion carried 6-0
Proceedings for Reallocation of General Obligation Bonds Series 2009A and Series 2010A:
Proof of publication on notice of public hearing to consider the reallocation of $121,000 in
unspent proceeds of the General Obligation Bonds Series 2009A and Series 2010A and the
City Manager recommending approval. Motion by Jones to receive and file the documents and
adopt Resolution No. 156-11 Instituting Proceedings to take additional action and approving
the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2009A
(Taxable Build America Bonds), and General Obligation Bonds, Series 2010A of the City of
Dubuque, Iowa. Seconded by Braig. Motion carried 6-0.
2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of
public hearing to consider approval of plans and specifications, form of contract and the
estimated cost for the 2011 Sewer Cured-in-Place (CIPP) Lining Project. Motion by Jones to
receive and file the documents and adopt Resolution No. 157-11 Approval of plans,
specifications, form of contract, and estimated cost for the 2011 Sewer Cured in Place Pipe
(CIPP) Lining Project. Seconded by Braig. Responding to questions from City Council, City
Engineer Gus Psihoyos explained the CIPP process, cost savings and success. Motion carried
6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Settlement Agreement: City Attorney submitting a Settlement Agreement and General
Release for Jeanne Schneider. Motion by Jones to receive and file the documents and
approve the agreement. Seconded by Connors. Motion carried 5-1 with Buol voting nay.
City Clerk Recruitment Process: City Manager requesting direction on the City Clerk
recruitment process. Motion by Connors to receive and file the documents and confirm
consensus on the following items: 1) Council members will submit sample questions to the City
Manager for forwarding to the Personnel Director within one week. The Personnel Director will
compile the top questions and return the list to Council for inclusion in the application, which
shall be ready for advertisement within two weeks; 2) An Iowa Municipal Clerk’s certification
shall be the minimum requirement and stated in the advertisement; 3) The salary for the Acting
City Clerk shall be set at a GE40 rate of the City’s wage plan with the same salary range used
in the advertisement; 4) Online recruitment sources shall be used to help meet deadlines and
expedite the advertisement process; 5) Selection of the appointment schedule for a mid-
September start date. Seconded by Braig. Motion carried 6-0.
Long Range Planning Advisory Commission: City Attorney submitting a draft amendment to
the Long Range Planning Advisory Commission ordinance eliminating the appointment of a
member of the City Council to the Commission.
Communication from Council Member Karla Braig
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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 Resnick. Braig read her
communication into the Record. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 31-11 Amending City
of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range
Planning Advisory Commission, Section 15-2-1 Providing for the composition of the Long
Range Planning Advisory Commission by eliminating a Member of the City Council on the
Commission. Seconded by Connors. Motion carried 6-0.
Purchase of Property – 1104 Riverview Drive: City Manager recommending purchase of
property at 1104 Riverview Drive for deconstruction and redevelopment. Motion by Connors to
receive and file the documents and approve the recommendation. Seconded by Jones. Motion
carried 6-0.
Kaufmann Avenue Utilities Project Award of Contract: City Manager recommending award
of the contract for the Kaufmann Avenue Utilities Project to McDermott Excavating in the
amount of $227,693.10. Motion by Connors to receive and file the documents and adopt
Resolution No. 158-11 Awarding public improvement contract for the Kaufmann Avenue Utility
Project. Seconded by Braig. City Engineer Gus Psihoyos stated that the project is expected to
be completed August 1, 2011. Motion carried 6-0.
Tenth and Central Parking Ramp Message Center: City Manager recommending approval
of the design and placement of a message center adjacent to the parking ramp at 975 Central
Avenue.
Communication from the Historic Preservation Commission
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Jones. Resnick expressed concerns regarding the design of the message center
being in conflict with the City’s Downtown Design Guidelines and that it could be a distraction
at a busy intersection made busier with the presence of Fire Headquarters. Motion carried 5-1
with Resnick voting nay.
Operating Protocol for Unreserved Parking Ramps: City Manager recommending changing
the operation of the Iowa Street Ramp from a person leasing an individually identified parking
space to a person leasing a space that the location on a given day would be on a first-come
first-serve basis. Motion by Connors to table to a future meeting. Seconded by Braig. Motion
carried 6-0.
Dubuque Levee and Floodwall System Certification: City Manager recommending approval
of a resolution adopting the updated Operations and Maintenance Manual, the updated
Emergency Flood control Plan, and authorization to submit the documentation for certification
of the Dubuque Local Flood Protection Project Levee to the Federal Emergency Management
Agency (FEMA). Motion by Jones to receive and file the documents and adopt Resolution No.
159-11 Adoptingoperations and maintenance manual, emergency flood control plan, and
interim risk reduction plan for the Dubuque local flood protection project levee. Seconded by
Braig. Motion carried 6-0.
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City Council Appointments: Appointments to fill vacancies on City Council boards and
committees. Motion by Resnick to appoint Lynn Sutton as the Council representative on the
Operation: New View Community Action Agency. Seconded by Braig. Motion carried 6-0.
Motion by Connors to appoint Lynn Sutton as the Council representative on the Convention
and Visitors Bureau. Seconded by Resnick. Motion carried 6-0.
Motion by Connors to receive and file the documents with the noted appointments.
Seconded by Jones. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Connors reported on the recent visit by a delegation from Dornbirn, Austria, hosted by the
Sister City Commission.
PUBLIC INPUT
Marcos Rubinstein, 663 Fenelon Place, asked the City Council to reconsider their recent
action regarding discontinuing glass recycling.
Mark Willgen, Fuerste, Carew Law Firm, 200 Security Building, expressed concerns
regarding unreserving the parking ramps and asked that public input be sought before any
future action is taken.
Jack Dunwoody, 2205 Rhomberg Avenue, suggested reuse of the former City Garage as a
possible glass recycling center that could provide job assistance as is done in some other
cities.
There being no further business, upon motion the City Council adjourned at 8:23 p.m.
Kevin S. Firnstahl
Acting City Clerk
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