Minutes City Council 10 1 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on October 1, 2007, in the Historic
Federal Building.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of discussing
such matters which may properly come before the Council.
INVOCATION
Invocation was provided by Captain Tom Mason, Salvation Army
PROCLAMATIONS
Dubuque Weatherization Challenge Day (October 6, 2007) was accepted by Ric Jones, Tom
Stoval of Operation: New View, Laura Roussel of Aquila, Diane Hansen of Alliant Energy, and Carrie
Tedore of the Diamond Jo Casino; Breast of Friends Walk-A-Thon (October 7, 2007) was accepted
by Lisa Latham, 10837 Key West Drive; Week Without Violence (October 14 – 21, 2007) was
accepted by Sr. Charla Bulko of the Dubuque Community Y; White Cane Day (October 15, 2007) was
accepted by Shirley Conrad and Sr. Agnes Marie of the Tri-State Blind Society’ Make a Will Month
(October 2007) was accepted by Ric Jones and Dave Schmitz; Arts and Humanities Month (October
2007) was accepted by John Woodin of the Dubuque Cultural Alliance and Amy Weber of the Arts
and Cultural Affairs Advisory Commission; Community Appreciation Day (October 1, 2007) and Trick
or Treat Night (October 31, 2007) were accepted by Mayor Buol.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by Braig.
Michalski asked that (#12) Housing Trust Fund Application be held for separate discussion. Lynch
requested (#15) Police Department Five Year Plan be held for separate discussion. Motion carried 7-
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Minutes and Reports Submitted: City Council of 9/17 and 9/19; Civil Service Commission of 8/8
and 9/11; Electrical Code Board of 9/24; Housing Commission of 8/28; Human Rights Commission of
8/13; Park and Recreation Commission of 9/11; Zoning Board of Adjustment of 8/23; Library Board of
Trustees Update from the Meeting of August 23, 2007; Proof of publication of City Council
Proceedings of September 4, 2007; Upon motion the documents were received and filed.
Notice of Claims/Suits: Cheryl J. Hayes for personal injury; Nationwide Advantage Mortgage
Company vs. Laura L. Schumacher, Steven J. Schumacher, and the City of Dubuque Housing and
Community Development Department; Janaan and Mary Redmond for property damage; Tom A.
Hoffman for vehicle damage. Upon motion the documents were received and 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: Thomas J. Becker for property damage;
Cheryl J. Hayes for personal injury; Janaan Redmond for property damage.
Upon motion the documents were received and filed and concurred.
Water Revenue Capital Loan Notes: City Manager recommending approval of the final actions
necessary for the issuance of $1,037,000 Water Revenue Capital Loan Notes. Upon motion the
documents were receive and filed, and Resolution No. 490-07 Approving and authorizing a form of
loan and disbursement agreement by and between the City of Dubuque Iowa Finance Authority, Iowa
Department of Natural Resources and Wells Fargo Bank, N.A., and authorizing and providing for the
issuance and securing the payment of $1,037,000 Water Revenue Capital Loan Notes, Series 2007,
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.
Civil Service Commission: Civil Service Commission submitting the certified lists for the positions
of Equipment Operator I and Public Safety Dispatcher. Upon motion the documents were received
and filed and made a Matter of Record.
Asbury Road Eastbound Lane Widening Project: City Manager recommending acceptance of the
Asbury Road Eastbound Lane Widening Project as completed by Horsfield Construction, Inc., in the
final contract amount of $208,337.38. Upon motion the documents were received and filed and
Resolution No. 491-07 Accepting the Asbury Road Eastbound Lane Widening Project and authorizing
payment of the contract amount to the contractor was adopted.
Federal Building Sidewalk Replacement Project: City Manager recommending approval of a
contract with Portzen Construction, Inc. in the amount of $81,877.50 for the Federal Building
Sidewalk Replacement Project. Upon motion the documents were received, filed, and approved.
Iowa Clean Air Attainment Program (ICAAP) Grant Application: City Manager recommending
approval to submit an application to the Iowa Department of Transportation (Iowa DOT) for Iowa
Clean Air Attainment Program (ICAAP) funding for the City of Dubuque US 151/61 at US 52 and US
151/61 at Maquoketa Drive Traffic Signalization Project. Upon motion the documents were received
and filed and Resolution No. 492-07 Authorizing the filing of an application with the Iowa Department
of Transportation for Iowa Clean Air Attainment Program (ICAA) funding of City of Dubuque US
Highway 151/61 at US 52 and US Highway 151/61 at Maquoketa Drive traffic signalization
improvement project was adopted.
Consultant Selection – North Fork Catfish Creek: City Manager recommending approval to
negotiate and enter into a contract with IIW Engineers & Surveyors, PC for the design of the North
Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project. Upon motion the
documents were received, filed, and approved.
Bell Street Widening – Purchase of Right-of-Way: City Manager recommending approval of the
acquisition plat and acceptance of the proposed right-of-way dedication and sidewalk and sprinkler
system easement as part of the Bell Street Widening Project. Upon motion the documents were
received and filed and Resolution No. 493-07 Approving the acquisition plat of Lot 1A of Adams
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Company’s 1 Addition and Lot 3A of Adams Company’s 2 Addition in the City of Dubuque,
Dubuque County, Iowa, and accepting the dedication of right-of-way for Bell Street was adopted.
Cottingham and Butler – Amended Development Agreement: City Manager recommending
approval of the Amended and Restated Development Agreement for Cottingham & Butler, Inc. to
support their rehabilitation of the Security Building at 800 Main Street. Upon motion the documents
were received and filed and Resolution No. 494-07 Approving an Amended and Restated
Development Agreement for Cottingham and Butler’s Security Building Project was adopted.
Town Clock Renovation Project: City Manager recommending that the two bids received for the
Town Clock Renovation Project be rejected and the project rebid at a later date. Upon motion the
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documents were received and filed and Resolution No. 495-07 Rejecting the contract bid proposals
for the Town Clock Renovation Project was adopted.
Housing Trust Fund Application: City Manager recommending approval of an application to be
submitted to the Iowa Finance Authority for a Local Housing Trust Fund Grant of $200,000 in support
of the Washington Neighborhood: Revitalize! strategy. Motion by Michalski to receive and file the
documents and approve. Seconded by Cline. Housing and Community Development Director David
Harris provided a summary of the program. Motion carried 7-0.
655 Gillespie Street: City Manager recommending approval of establishing the fair market value of
property located at 655 Gillespie Street at $151,000. Upon motion the documents were received and
filed and Resolution No. 496-07 Establishing the Fair Market Value of real property owned by Gary A.
Anderson located at 655 Gillespie Street in the City of Dubuque, Iowa, was adopted.
Dubuque Board of Realtors: Communication from Terry Duggan, President of the Dubuque Board
of Realtors, regarding bluff land zoning. Upon motion the documents were received and filed.
Police Department Five Year Plan: City Manager submitting the Police Department’s five year plan
to create an additional 13 sworn police officer positions to the department beginning in Fiscal Year
2008. Motion by Lynch to receive and file the documents. Seconded by Braig. Lynch said that
Dubuque had the best Police Department in the country, which does everything possible to put the
safety of citizens first. Motion carried 7-0.
Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted. Upon motion the documents were received and filed and Resolution No. 497-07 Granting
the issuance of a Class “C” Beer Permit to 5-Point Mart and Eagle Country Market and Resolution
No. 498-07 Granting the issuance of a Class “C” Beer/Liquor License to Grand River Center and
Bandana’s Bar-B-Q; Class “C” Beer/Liquor License (5-Day Special Event) to Loras College (October
11 and 18, 2007); Class “B” Wine Permit to Eagle Country Market; and Class “B” (WBN) Native Wine
Permit to Solon Langworthy House were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
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 Braig. Motion carried 7-0.
General Obligation Refunding Bonds: City Manager recommending that a public hearing be set for
October 15, 2007 to consider the issuance of not to exceed $3,585,000 General Obligation Refunding
Bonds. Upon motion the documents were received and filed and Resolution No. 499-07 Fixing date
for a meeting on the proposition of the issuance of not to exceed $3,585,000 General Obligation
Refunding Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa, and providing for
publication of notice thereof was adopted setting a public for a meeting to commence at 6:30 p.m. on
October 15, 2007, in the Historic Federal Building.
General Obligation Bonds: City Manager recommending that a public hearing be set for October
15, 2007 to consider the issuance of not to exceed $1,200,000 General Obligation Bonds to support
the Asbury Plaza Lift Station and Force Main Project. Upon motion the documents were received and
filed and Resolution No. 500-07 Fixing date for a meeting on the proposition of the issuance of not to
exceed $1,200,000 General Obligation Bonds (for an Essential Corporate Purpose) of Dubuque,
Iowa, and providing for publication of notice thereof was adopted setting a public hearing a meeting to
commence at 6:30 p.m. on October 15, 2007, in the Historic Federal Building.
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BOARDS/COMMISSIONS
An application to the following board was reviewed: Building Code Board of Appeals: One 3-year, at-
large, expired term through August 8, 2008 – Term of Gudenkauf. Applicant: Ronald Jahns.
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone to address the Council.
PUBLIC HEARINGS
Robert Hartig / Medical Associates Clinic (Tabled from September 17, 2007): Proof of publication
on notice of public hearing to consider a request from Robert Hartig / Medical Associates Clinic to
amend the Medical Associates Clinic Planned Unit Development (PUD) District to redesignate
existing greenway buffer for business uses and Zoning Advisory Commission recommending denial.
Motion by Michalski to remove from table. Seconded by Connors. Motion carried 7-0.
Motion by Michalski to receive and file the documents and concur with denial. Seconded by
Connors. John Tallent and Bob Hartig, Medical Associates, 1500 Associates Drive, provided a recap
of the project and said they were willing to agree to the 50 foot “expanded setback” or green space
plus screening for a two-level building. Cline questioned the location of the building and was
concerned about the green space. Hartig said they were willing to maintain the green space and fully
screen. Michalski said that some of the green space has been done away with and this design was
different. She could not vote for the project without at least 50 feet of green space. The original PUD
date of 1994 was confirmed for Council Member Braig. Planning Services Manager Laura Carstens
provided a staff report. Holly Young, 3820 Cora Drive and representative for property owners who
oppose the project, said that screening, landscape berms and stormwater drainage solutions are
needed to prevent terrible flooding. She also cited the issues with semi’s, box trucks, and night-time
security lighting overshadowing property. She said that Medical Associates has other options. Young
said she did not meet with Medical Associates after the Zoning Advisory Commission meeting. She
felt threatened by Medical Associates’ presentation at the neighborhood meeting and said that the
neighborhood association is unanimous in its opposition. Michalski said that the businesses can
already be seen from residences and the Zoning Advisory Commission believed there was a
compelling need for the Medical Associates’ expansion. Lynch asked if there was room for
compromise. Young said that what Medical Associates says and does are not the same. Paul
Heacock, part owner of 1635 Associates Drive, worked with Medical Associates for four years and
was supportive of the proposal. The Platinum Building has a 20-foot set back and Heacock has
received no complaints. This proposal has an 80-foot set back. Mary Pat Kerper, 3830 Cora Drive,
said that 100 percent of the property owners are opposed to the proposal and that there is ample
property available on the Medical Associates campus. She said that property owners purchased their
land because of the existing green space and that it was a deciding factor. The green space should
be protected. Rick Stumpf, 2065 Broadlawn Road, spoke on behalf of Dorothy Stumpf, 3840 Cora
Drive, who was opposed to the proposal as drainage was a big issue as well as BFI trucks coming
through Medical Associates twice a week at 6:35 a.m. Eric Kaufmann, 2456 Hilton Springs Road and
owner of property on Cora Drive, said the area was designed to be green space and this proposal
allows Medical Associates to build big and taller buildings with no screening. Hartig said that the
green space issue is being addressed in the way businesses are separated. He said residents would
enjoy more privacy than if there were residences behind them. Stormwater will be maintained. He
noted that no one had ever complained of stormwater until this project was proposed. He also said
that box trucks are used and not semi’s. Michalski said that she would be willing to say that only
business involved in health care will be allowed to build and that is in the restrictive covenant. Hartig
said that only medical-related business would be allowed to build and there would be no strip mall.
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Mayor Buol closed the public input portion of the hearing at 8:18 p.m.
Braig said that both sides have compelling arguments and that green space was set aside in 1994,
which has to be maintained. Cline said that she understands both sides, but the neighbors should not
be forced to change the scheme of things now. Michalski wished it could have been worked out and
felt bad about not supporting it. The proposal would credit the city but she could not go against the
green space. Jones also said there were compelling arguments, but a deal is a deal and no different
than the deal made in 1994. He hoped the conversations with both sides would keep going and while
Medical Associates is a good business for the City, he urged them to find an answer. He knows the
stormwater problem will be corrected. Lynch said that in the business environment, things change
rapidly. Buol said he did not want to get locked into the idea that previous decisions can’t be changed.
Motion to receive and file and concur with denial carried 5-2 with Buol and Lynch voting nay.
Individual Historic Designation – 40-42 Main (Tabled from August 20, 2007): Proof of publication on
notice of public hearing to consider approval of the Individual Historic Designation of 40-42 Main
Street and City Manager recommending approval.
Correspondence from property owner Chris Miller requesting tabling to a future date thereby
allowing him time to work on State Historic Preservation Tax Credits.
Motion by Michalski to retable. Seconded by Cline. Motion carried 7-0
Vacation and Sale of Undeveloped Alley: Proof of publication on notice of public hearing to
consider the vacation and sale of an undeveloped alley near the old Dubuque Meat Packing Plant site
to SB Development, LLC and City Manager recommending approval. Motion by Cline to receive and
file the documents and adopt Resolution No. 501-07 Vacating an alley and Resolution No. 502-07
Disposing of City interest in Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque
County, Iowa. Seconded by Lynch. Motion carried 7-0.
United States Postal Service: Proof of publication on notice of public hearing to consider a lease
agreement with the United States Postal Service for space at the Historic Federal Building and City
Manager recommending approval. Motion by Cline to receive and file the documents and adopt
Resolution No. 503-07 Disposing of interest in real property owned by the City of Dubuque by lease
agreement between the City of Dubuque and the United States Postal Service. Seconded by
Connors. Michalski said that building security needs to be addressed and asked if any thought had
been give to a staffed security desk. Economic Development Director Dave Heiar said that previous
security was not provided by the USPS. Van Milligen will ask Police Chief Wadding to review the
issue. Motion carried 7-0.
Fiscal Year 2008 Budget Amendment: Proof of publication on notice of public hearing to consider
the first amendment to the Fiscal Year 2008 Operating Budget and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 504-07
Adopting Amendment No. 1 to the Fiscal Year 2008 Budget for the City of Dubuque. Seconded by
Cline. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Tara Winger: Request of Tara Winger to address the City Council regarding food. In the absence of
Ms. Winger, Cline moved to receive and file the documents. Seconded by Connors. Motion carried 7-
0.
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Arts and Cultural Affairs Advisory Commission: Arts and Cultural Affairs Advisory Commission
submitting the October 2007 State of the Arts report. Motion by Cline to receive and file the
documents. Seconded by Connors. Arts Commissioner Amy Weber provided an overview of the
report. Motion carried 7-0.
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175 Anniversary Celebration Coordination Committee: City Manager recommending approval of a
$25,000 grant program designed to encourage the community-wide development of special projects,
contests, displays/exhibits, and events throughout 2008 to commemorate Dubuque's 175th
anniversary. Motion by Michalski to receive and file the documents and approve the recommendation.
Seconded by Cline. Motion carried 7-0.
Silver Dollar Cantina - Community Development Block Grant Loan: City Manager recommending
approval of a $100,000 Community Development Block Grant Economic Development Loan Program
forgivable loan to assist in the establishment of the Silver Dollar Cantina Restaurant in the German
Bank Building at 342 Main. Motion by Cline to receive and file the documents and adopt Resolution
No. 505-07 Authorizing a Commitment Letter and the execution of a Community Development Block
Grant Loan of One Hundred Thousand Dollars ($100,000) to MM&H Corporation. Seconded by Braig.
Motion carried 7-0.
Genuine Genius Solutions – Urban Development Action Grant (UDAG): City Manager
recommending approval to substitute the use of an Urban Development Action Grant (UDAG) loan
rather than the Community Development Block Grant loan for the Genuine Genius Solutions, LLC
project. Motion by Cline to receive and file the documents and approve. Seconded by Connors.
Motion carried 7-0.
Amended and Restated Port of Dubuque Public Parking Facility Development Agreement: City
Manager recommending approval of an Amended and Restated Port of Dubuque Public Parking
Facility Development Agreement between the City of Dubuque and Diamond Jo, LLC. Motion by Cline
to receive and file the documents and adopt Resolution No. 485-07 Approving an Amended and
Restated Port of Dubuque Public Parking Facility Development Agreement between the City of
Dubuque and Diamond Jo, LLC. Seconded by Connors. Motion carried 7-0.
Diamond Jo, LLC – Minimum Assessment Agreement: City Manager recommending approval of
the Minimum Assessment Agreement, Guaranty and Escrow Agreement between the City of Dubuque
and Diamond Jo, LLC pursuant to the Amended and Restated Development Agreement for the Port of
Dubuque Public Parking Facility. Motion by Michalski to receive and file the documents and adopt
Resolution No. 486-07 Approving the Minimum Assessment Agreement, Guaranty and Escrow
Agreement pursuant to the Development Agreement for the Port of Dubuque Public Parking Facility
between the City of Dubuque and Diamond Jo, LLC, and authorizing execution of the same.
Seconded by Cline. Motion carried 7-0.
Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2007: City Manager
recommending adoption of a resolution approving the issuance of Urban Renewal Tax Increment
Revenue Bonds, Taxable Series 2007 for construction of the Port of Dubuque Public Parking Facility.
Motion by Connors to receive and file the documents with amended Page 25 of the Resolution and
adopt Resolution No. 487-07 Authorizing and providing for the issuance of Urban Renewal Tax
Increment Revenue Bonds, Taxable Series 2007, of the City of Dubuque, Iowa and providing for the
securing of such bonds 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
Cline. Motion Carried 7-0
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Awarding Construction Contract for the Port of Dubuque Public Parking Facility Project: City
Manager recommending approval of the Third Agreement between the City of Dubuque and Kraemer
Brothers, LLC and award of the public improvement contract for the Port of Dubuque Public Parking
Facility Project to Kraemer Brothers, LLC. Motion by Jones to receive and file the documents and
adopt Resolution No. 488-07 Approving the Third Agreement between the City of Dubuque, Iowa and
Kraemer Brothers, LLC extending the bid for the construction of the Port of Dubuque Public Parking
Facility and Resolution No. 489-07 Awarding Public Improvement Contract for the Port of Dubuque
Public Parking Facility Project to Kraemer Brothers, LLC. Seconded by Connors. Motion carried 7-0.
Comprehensive Plan Update: City Manager requesting that the Mayor and City Council select a
date for a work session to discuss the Comprehensive Plan update.
Communication from the Long Range Planning Advisory Commission recommending that the City
Council not accept the City Attorney’s suggested changes.
Motion by Cline to receive and file the documents and set a work session for December 10 at 6
p.m. in the Historic Federal Building. Seconded by Connors. Michalski noted the increase in funding
in areas of the Comprehensive Plan such as mental health. She believed the City is doing things it
can’t do or shouldn’t be involved in. Cline said that the City shouldn’t put itself at risk by having to do
things. Buol said there will be discussion among Council. Braig said there needs to be an agenda and
a description of what Council’s role is as well as a set of instructions. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Buol said that because of the improvements made for the Iowa League of Cities Conference, the
City looks beautiful and very impressive. He congratulated the City Manager on being awarded City
Manager of the Year by the Iowa City/County Management Association.
Cline submitted correspondence from John Markham, 1724 Geraldine, regarding the Sister City
Program.
PUBLIC INPUT
Evelyn Bross submitted correspondence and spoke regarding her concerns with Jackson Park and
youth mentoring.
There being no further business, upon motion the City Council adjourned at 9:20 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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