10 15 07 City Council Agenda with Icons
ROLL CALL ORDER
FOR MEETING OF
10/15/07
MICHALSKI
BRAIG
BUOL
CLINE
CONNORS
JONES
LYNCH
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, OCTOBER 15, 2007
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Alan Crandall, Presbyterian Church
PROCLAMATIONS
Toastmasters Day (October 22, 2007)
Veterans Appreciation Day (October 31, 207)
Disability Employment Awareness Month (October, 2007)
Be a Santa to a Senior Month (November, 2007)
Save for Retirement Week (October 21 – 27, 2007)
ToastmastersVeterans Disability AwarenessBe a Santa to a Save for Retirement
Appreciation DaySenior
PRESENTATION
Presentation of Gift from the Mayor of Handan to the Mayor of Dubuque
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
City Council of 10/1 and 10/8; Civil Service Commission of 9/11 and 9/17; Historic
Preservation Commission of 9/20; Human Rights Commission of 9/4 and 9/10; Transit
Trustee Board of 9/13; Zoning Advisory Commission of 10/3; Zoning Board of
Adjustment of 9/27
Proof of publication of City Council Proceedings of September 17 and 19, 2007 and List
of Claims and Summary of Revenues for month ending August 31, 2007
Suggested Disposition: Receive and File
City CouncilCity Council - 10/8Civil Service - 9/11Civil Service - 9/17Human Rights - 9/4Human Rights - 9/10
HPCTransit BdZoning AdvisoryZoning Bd of Adj
2. Notice of Claims/Suits
Kurt Becker for animal injury; Tina L. Cantu for vehicle damage; Agnes M. Decker for
property damage; Neil Kelley for property damage; HSBC Mortgage Services, Inc. vs.
Daniel C. Kalloway, City of Dubuque, et al; Jonathan Barz for property damage; Rhonda
Gassman for vehicle damage; Leonard Diederichs for property damage; Pearl Dubler
for property damage
Suggested Disposition: Receive and File; Refer to 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: Neil E. Kelley
for property damage; Agnes M. Decker for property damage; Pearl L. Dubler for
property damage; Leonard Diederichs for property damage; Jonathan Barz for property
damage; Rhonda Gassman for property damage
City Attorney recommending approval of the claim of Tina Cantu for vehicle damage.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
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Claims - ICAPClaim - Settled
3. Contract for the Eagle Point Bluff Tree Removal and Stabilization Project
City Manager recommending award of the contract for the Eagle Point Bluff Tree
Removal and Stabilization Project to Hi-Tech Rockfall Construction, Inc. in the amount
of $100,300.00.
Suggested Disposition: Receive and File; Approve
Contract - MVM Contract - Staff Hi-Tech Rockfall
MemoMemoContract
4. North Fork Catfish Creek Interceptor Sewer Project
City Manager recommending authorization to submit an application for FEMA Hazard
Mitigation Grant Program funds for the sanitary sewer improvements associated with
the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project.
RESOLUTION
Authorizing the submission of an application for Hazard Mitigation Grant
Program funds for the sanitary sewer improvements association with the North Fork
Catfish Creek Sanitary and Stormwater Drainage Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution
Catfish Creek - MVM Catfish Creek - Staff Catfish Creek -
MemoMemoResolution
5. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and
Agreement with the Visiting Nurse Association (VNA) and the Dubuque County
Board of Health
City Manager recommending execution of a contract with the Dubuque County Board of
Health for continued funding of the Childhood Lead Poisoning Prevention Program
(CLPPP) and a renewed agreement with the Visiting Nurse Association (VNA) for
services related to the CLPPP.
Suggested Disposition: Receive and File; Approve
IDPH - MVM MemoIDPH - Staff MemoSubcontract VNA AgreementIDPH Lead Contract
Agreement
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6. Isaac Hanna Subdivision – Final Plat
Zoning Advisory Commission recommending approval of the final plat of Isaac Hanna
Subdivision as requested by Isaac Hanna, LLC / George Isaac.
RESOLUTION
Approving the final plat of Isaac Hanna Subdivision in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Isaac Hanna - ZAC Isaac Hanna - Isaac Hanna - Isaac Hanna - Staff Isaac Hanna - Final Isaac Hanna -
LtrApplicationVicinity MapMemoPlatResolution
7. Fifth and White Streets – Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Fifth and
White Streets as requested by the City of Dubuque.
RESOLUTION
Approving the Plat of Survey of Lot 1-1 and Lot 2-1 of a part of Lot 1 of
Milwaukee Industrial Tract No. 1
Suggested Disposition: Receive and File; Adopt Resolution
5th & White - ZAC 5th & White - 5th & White - Staff 5th & White - Plat5th & White -
LtrApplicationMemoResolution
8. Claussen Place – Plat of Plat
Zoning Advisory Commission recommending approval of the Plat of Survey of Claussen
Place located north of the Lenox Street / Pennsylvania Avenue intersection as
requested by William Burger / Paul and Cathleen Claussen.
RESOLUTION
Approving the Plat of Survey of Claussen Place
Suggested Disposition: Receive and File; Adopt Resolution
Claussen - ZAC LtrClaussen - Vicinity Claussen - Staff Claussen -
MapMemoResolution
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9. Tax Appeal – Notice of Voluntary Settlement
Corporation Counsel submitting a Notice of Voluntary Settlement and Stipulation of
Settlement of a tax assessment appeal by Kathryn Dean.
Suggested Disposition: Receive and File; Approve
Tax Appeal - BAL LtrNotice of SettlementStipulation of
Settlement
10. Giese Properties, LLC
Communication from Brian J. Kane, Counsel for Giese Properties, LLC, advising that
the Giese Properties, LLC have complied with the provisions of the March 4, 2002
Development Agreement and requesting written acknowledgement thereof from the
City.
Suggested Disposition: Receive and File; Refer to City Manager
Giese Ltr
11. Purchase of Property at Entrance to Eagle Point Park
City Manager recommending approval of a purchase agreement for a piece of property
at the entrance to Eagle Point Park.
Suggested Disposition: Receive and File; Approve
Purchase - MVM Purchase - Staff Purchase - Offer to
MemoMemoBuy
12.
Delta Queen
Communication from David Tschiggfrie, 2723 Shetland Court, requesting City Council
urge Congress to provide for the permanent exemption of the steamer Delta Queen
from the provisions of the Safety of Life at Sea Act of 1966.
Suggested Disposition: Receive and File; Refer to City Manager
Tschiggfrie Ltr
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13. 1552 Maple Street - Purchase of Property
City Manager recommending approval of the purchase of a residential dwelling located
at 1552 Maple Street, as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 1552 Maple Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
1552 Maple - MVM 1552 Maple - Staff 1552 Maple -
MemoMemoResolution
14. America’s River Festival Funding
City Manager recommending approval of a contribution of $12,500 to the 2007
America’s River Festival.
Suggested Disposition: Receive and File; Approve
Funding - MVM Memo
15. Passenger Rail Service
Communication from the Historic Preservation Commission in support of the Envision
2010 initiative of passenger rail service between Dubuque and Chicago, Illinois.
Suggested Disposition: Receive and File
Rail Service - HPC Ltr
17. Iowa Department of Transportation
Notification from the Iowa Department of Transportation advising that the DOT proposes
to let a steel girder repair project for the bridge that carries Grandview Avenue over US
52 within the City of Dubuque.
Suggested Disposition: Receive and File
IDOT Ltr
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18. Medical Claims Audit and Operational Review Services
City Manager recommending approval of an agreement between the City of Dubuque
and Fairfield and Associates for medical claims audit and operational review services.
Suggested Disposition: Receive and File; Approve
Medical - MVM MemoMedical - Staff MemoMedical Claims Audit
Agreement
19. Municipal Ramp Hourly Rates
City Manager recommending approval of rate adjustments in the municipal parking
ramps which are now possible with the installation of the new parking equipment.
Suggested Disposition: Receive and File; Approve
Rates - MVM MemoRates - Staff Memo
20. Improvement Contracts / Performance, Payment and Maintenance Bonds
RESOLUTION
Approving public improvement contracts and bonds
-- 2007 Sewer CIPP Lining Project
-- Clear Well Renovation Project
Suggested Disposition: Receive and File; Adopt Resolution
Contract and Bonds
Resolution
21. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class B Beer Permit to Happy Joe’s Pizza;
and Class C Beer Permit to Big 10 Mart, Puff n Snuff, and Aldi, Inc.
RESOLUTION
Granting the issuance of a Class C Beer/Liquor License to Rainbow
Lounge, The Grand Tap, Fountain Park Event Center, Joey’s Seafood & Grill, Dog
House Lounge, Europa Haus Restaurant, and Channel Inn; Special Class C Liquor
License to Café Manna Java and Grape Harbor; and Class B Wine Permit to Aldi, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
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Renewals - MVM Renewals - Staff Resolution #1Resolution #2
MemoMemo
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Housing Advisory Trust Fund
One 3-year at-large term through August 8, 2010 – Term of Walsh
Applicant: John Walsh
Appointments to the following Boards/Commissions:
Building Code Board of Appeals:
One 3-year at-large expired term through August 8, 2008 – Term of Gudenkauf
Applicant: Ronald Jahns
Bd and Comm ListOverview SheetHsg Trust Fd Bd of Appeals
ApplicationApplication
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. English Ridge Subdivision – Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located east of
Stone Valley Drive on the west side of English Mill Road from C-3 General Commercial
District to R-1 Single-Family Residential District as requested by Larry McDermott /
English Ridge LLC, and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located east of
Stone Valley Drive from C-3 General Commercial District to R-1 Single-Family
Residential District
Suggested Disposition: Receive and File; First Reading or Motion B; Motion A
English Ridge - ZAC English Ridge - English Ridge - English Ridge - Staff English Ridge - English Ridge -
LtrApplicationVicinity MapReportOrdinanceOpposition Ltr
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2. Nicole Ehlinger / Kress Industrial Facility LLC – Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located on
Seippel Road from R-1 Single-Family Residential District to CS Commercial Service
and Wholesale District as requested by Nicole Ehlinger / Kress Industrial Facility LLC
and Zoning Advisory Commission recommending approval.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located near the
southeast corner of Seippel Road and Old Highway Road from R-1 Single-Family
Residential District to CS Commercial Service District with conditions
Suggested Disposition: Receive and File; First Reading or Motion B; Motion A
Kress Facility - ZAC Kress Facility - Kress Facility - Kress Facility - Staff Kress - 9/7/05 ZAC CS Regulations
LtrApplicationVicinity MapReportMinutes
Kress Facility - LtrsKress Facility - Kress Facility - Suggested Motion
PhotosOrdinance
3. 427 / 429 Rhomberg Avenue – Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 427 /
429 Rhomberg Avenue and Parcel #10-24-216-012 from R-2 Two-Family Residential
District to OC Office Commercial District and C-3 General Commercial District as
requested by Rich Billmeyer / John Mihalakis and Zoning Advisory Commission
recommending denial.
Petition in opposition to the rezoning of 427 / 429 Rhomberg Avenue.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located in the 400
block of Rhomberg Avenue from R-2A Alternate Two-Family Residential Zoning District
and C-2 Neighborhood Shopping Center District to C-3 General Commercial District
Suggested Disposition: Receive and File; Concur with Denial or First Reading or
Motion B; Motion A (Super Majority Vote)
Rhomberg - ZAC LtrRhomberg - Rhomberg - Vicinity Rhomberg - MapRhomberg - Staff Rhomberg -
ApplicationMapReportRegulations
Opposition PetitionZAC 8/1/07 MinutesRhomberg - Suggested Motion
Ordinance
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4. General Obligation Refunding Bonds
Proof of publication on notice of hearing to consider the issuance of not to exceed
$3,585,000 General Obligation Refunding Bonds, the advertisement of bonds for sale,
and the form of Notice of Bond Sale and City Manager recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $3,585,000 General Obligation Refunding Bonds
Suggested Disposition: Receive and File; Adopt Resolution
GO Refunding - MVM GO Refunding - Staff GO Refundnig - Bonds - Noth Ltr #1
MemoMemoResolution
Material from October 1, 2007 City Council Meeting
Refunding - MVM Refunding - Staff Refunding - Refunding - Noth Ltr
MemoMemoResolution
5. General Obligation Bonds
Proof of publication on notice of hearing 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, the advertisement of bonds for sale, and the form of Notice of Bond
Sale and City Manager recommending approval.
RESOLUTION
Instituting proceedings to take additional action for the issuance of not to
exceed $1,200,000 General Obligation Bonds
RESOLUTION
Directing the advertisement for sale of General Obligation Bonds, Series
2007A, and General Obligation Refunding Bonds, Series 2007B, and approving
electronic facsimile bidding procedures
Suggested Disposition: Receive and File; Adopt Resolutions
GO Bonds - MVM GO Bonds - Staff GO Bonds - Bonds - Directing Bonds - Noth Ltr #1Bonds - Noth Ltr #2
MemoMemoResolutionSale Resolution
Material from October 1, 2007 City Council Meeting
GO Bonds - MVM GO Bonds - Staff GO Bonds - GO Bonds - Noth Ltr
MemoMemoResolution
REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Timber Hyrst Estates #2 – Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of Timber
Hyrst Estates #2 located on the extension of Creekwood Drive as requested by Marty
McNamer / North Cascade Road Development LLC.
Suggested Disposition: Receive and File; Adopt Resolution
Timber-Hyrst - ZAC Timber-Hyrst - Timber-Hyrst - Timber-Hyrst - Staff Timber-Hyrst - Map Timber-Hyrst - Map
LtrApplicationVicinity MapReport#1#2
Timber-Hyrst - Plat
2. English Ridge Subdivision – Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of English
Ridge Subdivision located east of Stone Valley Drive on the west side of English Mill
Road as requested by Larry McDermott / English Ridge LLC.
Suggested Disposition: Receive and File; Approve
English Ridge - ZAC English Ridge - English Ridge - English Ridge - Staff English Ridge - IDOT English Ridge -
LtrApplicationVicinity MapReportLtrPhotos
English Ridge -
Haupert Ltr
3. City Policy for Brick Sidewalks
City Manager recommending adoption of a policy that prohibits the installation of brick
sidewalks in the traveled portion of the right-of-way, which shall be a minimum of four
feet in width.
Suggested Disposition: Receive and File; Approve
Sidewalks - MVM Sidewalks - Staff
MemoMemo
11
4. Code of Ordinances §33-9
City Manager recommending approval of an amendment to the Code of Ordinances
§33-9 Indecent Exposure to correct an unintended consequence.
ORDINANCE
Amending the City of Dubuque Code of Ordinances §33-9 Indecent
Exposure by revising the title to Public Urination and Defecation and providing for a
scheduled fine for a violation of this section
Suggested Disposition: Receive and File; First Reading or Motion B; Motion A
Exposure - MVM Exposure - Staff Indecent Exposure Suggested Motion
MemoMemoOrdinance
5. Code of Ordinances §32-321.275A
City Manager recommending approval of an amendment to the Code of Ordinances
§32-321.275A for skateboarding in parks to clarify that it is a $25 fine and not a simple
misdemeanor.
ORDINANCE
Amending City of Dubuque Code of Ordinances Section 32-321.275A
Use of Bicycles, Motorcycles, etc. in Parks by adding a new Subparagraph (f) providing
for a scheduled fine for a violation of this section
Suggested Disposition: Receive and File; First Reading or Motion B; Motion A
Skateboarding - MVM Skateboarding - Skateboarding - Suggested Motion
MemoStaff MemoOrdinance
6. Code of Ordinances §32-321.445 and §32-321.446
City Manager recommending approval of an amendment to the City of Dubuque’s safety
belts and harness provision, as well as the child restraint ordinance to bring the
ordinances into compliance with State Code amendments.
ORDINANCE
Amending the City of Dubuque Code of Ordinances §32-321.445 Safety
Belts and Safety Harnesses and §32-321.446 Child Restrain System
Suggested Disposition: Receive and File; First Reading or Motion B; Motion A
Safety Belts - MVM Safety Belts - Staff Safety Belts - Suggested Motion
MemoMemoOrdinance
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7. National League of Cities
Communication from the National League of Cities requesting that the City Council
designate a voting delegate and alternate for the upcoming National League of Cities
meeting.
Suggested Disposition: Receive and File; Council
NLC Ltr
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Jeanne F. Schneider
October 11, 2007
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