Minutes City Council 10 15 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The City Council met in regular session at 6:30 p.m. on October 15, 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 Pastor Christopher English, Third Presbyterian Church
PROCLAMATIONS
Toastmasters Day (October 22, 2007) was accepted by William Kuttler, 22641 Starview
Drive, and Kelly Nielson; Veterans Appreciation Day (October 31, 2007) was accepted by
Eileen LeMay and Eric Fitzpatrick of Iowa Workforce Development, 590 Iowa Street; Disability
Employment Awareness Month (October, 2007) was accepted by Jean Wuertzer of Area
Residential Care, 2455 Kerper Blvd.; Save for Retirement Week (October 21 – 27, 2007) was
accepted by Personnel Director Randy Peck; and Be a Santa to a Senior Month (November,
2007)
PRESENTATION
A gift from the Mayor of Handan was presented to the Mayor of Dubuque by Dick Landis,
2390 Clark Crest Drive, and Dirk Voetberg, 779 University Avenue.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Lynch. Tom Welu of 2602 Broadway and Council Members Braig and Cline requested (#3)
Contract for Eagle Point Bluff Tree Removal and Stabilization Project be held for separate
discussion. Council Members Cline and Connors requested (#11) Purchase of Property at
Entrance to Eagle Point Park be held for separate discussion. Motion carried 7-0.
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. Upon motion the
documents were received and filed.
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. 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: 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. Upon
motion the documents were received, filed, concurred, and directed to the Finance Department
for issuance of payment.
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. Motion by Cline to
receive and file the documents and approve. Seconded by Braig. Tom Welu, 2602 Broadway,
asked if tax payers would be reimbursed since the developer caused the problem. City
Attorney Lindahl said that Council directed the work to be done and would seek reimbursement
from the responsible party. Braig provided a history of the project and read a staff memo for
background saying that the project will happen using taxpayer money, but the City will try to
recover it. Cline said that the City has been dealing with this since May 2005 and is doing it for
safety reasons. Motion carried 7-0.
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. Upon motion the documents were received and
filed and Resolution No. 506-07 Authorizing the submission of an application for Hazard
Mitigation Grant Program funds for the sanitary sewer improvements associated with the North
Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project was adopted.
Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding: 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. Upon
motion the documents were received, filed, and approved.
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.
Upon motion the documents were received and filed and Resolution No. 507-07 Approving the
final plat of Isaac Hanna Subdivision in the City of Dubuque, Iowa, was adopted.
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.
Upon motion the documents were received and filed and Resolution No. 508-07 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 was
adopted.
Claussen Place – Plat of Plat: Zoning Advisory Commission recommending approval of the
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Plat of Survey of Claussen Place located north of the Lenox Street / Pennsylvania Avenue
intersection as requested by William Burger / Paul and Cathleen Claussen. Upon motion the
documents were received and filed and Resolution No. 509-07 Approving the Plat of Survey of
Claussen Place was adopted.
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. Upon motion the documents were received, filed, and approved.
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.
Upon motion the documents were received and filed and referred to the City Manager.
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.
Motion by Connors to receive and file the documents and approve. Seconded by Jones.
Motion carried 7-0.
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. Upon motion the documents were
received and filed and referred to the City Manager.
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. Upon motion the
documents were received and filed and Resolution No. 510-07 Approving the acquisition of
real estate located at 1552 Maple Street in the City of Dubuque was adopted.
America’s River Festival Funding: City Manager recommending approval of a contribution of
$12,500 to the 2007 America’s River Festival. Upon motion the documents were received and
filed and approved.
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. Upon motion the documents were received and filed.
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. Upon motion the documents were
received and filed.
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. Upon motion the documents were
received, filed, and approved.
Municipal Ramp Hourly Rates: City Manager recommending approval of rate adjustments in
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the municipal parking ramps which are now possible with the installation of the new parking
equipment. Upon motion the documents were received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Upon motion the
documents were received and filed and Resolution No. 511-07 Approving public improvement
contracts and bonds for the 2007 Sewer CIPP Lining Project and Clear Well Renovation
Project was adopted.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 512-07
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., and Resolution No. 513-07 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., were adopted.
BOARDS/COMMISSIONS
An application to the following Commission was reviewed: Housing Advisory Trust Fund.
One 3-year at-large term through August 8, 2010 – Term of Walsh. Applicant: John Walsh
Appointment 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. Motion by Michalski to appoint Ronald Jahns to a 3-year at-large expired term through
August 8, 2008. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
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. 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 Braig.
Larry McDermott, 14907 Hwy 20 West spoke in favor of the proposed ordinance saying he has
agreed to the conditions set by the Zoning Advisory Commission including a park, no access to
collector street, and sewer. McDermott said that the conditions have put home pricing over the
top and he is having to rethink the project or sell. He has experienced loss of property and
construction costs and moderate homes are being priced out. This is a multi-million dollar
project that he has been working with the City on since February. Planning Services Manager
provided a staff report and noted only one letter of objection was received.
Motion by Connors for final consideration and passage of Ordinance No. 52-07 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. Seconded by Braig.
Motion carried 7-0
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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. 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 Braig. Motion carried 7-0.
Toby Kress, 12998 English Mill Road, agreed to the list of conditions by the Zoning Advisory
Commission. Planning Services Manager Laura Carstens provided a staff report. Diane
Brehm, 1248 Cottingham Road, spoke in opposition to the proposed ordinance saying it was a
back door to other uses.
Motion by Connors for final consideration and passage of Ordinance No. 53-07 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. Seconded by Lynch. Motion carried 7-0.
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. Motion by Connors to receive and file the
documents and concur with the denial. Seconded by Cline. David Schmitt, 2242 Central
Avenue, and owner of Easy Street, 431 Rhomberg Avenue, spoke in favor of the proposed
ordinance saying it put the property back to conforming and that the area is 90% commercial.
He said that they have had zero infractions. Michalski referenced a petition that noted lots of
problems. Schmitt said they have an outdoor liquor service license and are expanding it
without music. He has talked to neighbors who signed the petition but told him they did not
object so he was surprised at the opposition. Lynch raised the issue of increased security
Schmitt stated the exits are monitored and a solid fence has been constructed to contain noise.
Cline questioned whether the addresses on the petition are those directly affected. Teresa
Caldwell, 1633 Elm Street, spoke on behalf of the Washington Neighborhood Association
stating that they voted unanimously in opposition to the rezoning. Mary Westemeyer, 2013
Kniest Street said that she is worried about noise from the business usually during the summer
when the windows are open. There is also the problem of broken bottles and glasses.
Westemeyer said that P.J.’s bar closes around 11:00 p.m. and does not cause problems. She
commented that if the property in question is sold, anything could go in. Linda Green, 421
Rhomberg, said there is a lot of noise and she can’t sit out on her front porch. The business
holds battle of the bands and there is no room for parking. She believes the area is residential
and should stay that way. Upon rebuttal, Schmitt said that it is a highly commercial area, and
he is trying to do the right thing. He has received permission to use the Hardee’s parking lot
and noted that there are only two private residences on [that section] of Elm Street and the
remainder is commercial. Cline said that things could change but the Council needs to look out
for residential otherwise they are doing a disservice to those who live there now. She
suggested they wait a couple of years and see what happens. Connors commented that
Caldwell was supporting neighbors to the north and it is the City’s initiative to support the
Washington Neighborhood. She commended the Zoning Advisory Commission for their review.
Michalski stated that bars in residential areas do not work. Planning Services Manager Laura
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Carstens and Zoning Advisory Commission Vice Chair Jeff Stiles provided a staff report.
Motion to concur with the denial carried 7-0.
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. Motion by Cline to receive and file the documents and adopt
Resolution No. 514-07 Instituting proceedings to take additional action for the issuance of not
to exceed $3,585,000 General Obligation Refunding Bonds. Seconded by Connors. Motion
carried 7-0.
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. Motion by Cline to receive and file the
documents and adopt Resolution No. 515-07 Instituting proceedings to take additional action
for the issuance of not to exceed $1,200,000 General Obligation Bonds and Resolution No.
516-07 Directing the advertisement for sale of General Obligation Bonds, Series 2007A, and
General Obligation Refunding Bonds, Series 2007B, and approving electronic facsimile bidding
procedures. Motion carried 7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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.
Motion by Jones to receive and file the documents and approve. Seconded by Lynch. Braig
asked if run-off had been addressed and if permeable streets and driveways had been looked
at. Marty McNamer, 1749 Creek Wood Drive, said that there is a lot of green space compared
to the number of lots as well as bike paths and other plantings.
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.
Motion by Cline to receive and file the documents and approve. Seconded by Jones. Buol said
that the conditions cost a lot of money and has concerns that the cost of development in the
City could be a “red flag.” Lynch questioned whether the developer would be willing to install a
park at a later time.. Michalski said she encouraged parks in developments and was concerned
that the developer didn’t want a park. She was informed that there would be 34 three-bedroom
homes for start-up families and “empty-nesters.” Larry McDermott, 13384 BMR Lane, said that
he felt that the location identified by the Zoning Advisory Commission was not a good place for
a park. Planning Services Manager Laura Carstens said that a preliminary plant is a planning
tool. Zoning Advisory Commission Vice Chair Jeff Stiles said that the plat would not have been
approved by the Zoning Commission without these conditions, and the developer can recoup
some value by re-platting. He said the Commission will continue to work with Larry McDermott
before a final plat is approved. Motion carried 6-1.
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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. Motion by Michalski to receive and file the documents
and approve. Seconded by Cline. Michalski said that this issue has been discussed many
times and commended staff on a well-crafted policy. Motion carried 7-0.
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. Motion
by Michalski 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 Jones. Motion carried 7-0.
Motion by Michalski for final consideration and passage of Ordinance No. 54-07 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. Seconded by Braig. Motion carried 7-0.
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. 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 Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 55-07 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. Seconded by Braig. Motion carried 7-0.
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.
Motion by Michalski 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 Jones. Motion carried 7-0.
Motion by Michalski for final consideration and passage of Ordinance No. 56-07 Amending
the City of Dubuque Code of Ordinances §32-321.445 Safety Belts and Safety Harnesses and
§32-321.446 Child Restrain System. Seconded by Braig. Motion carried 7-0.
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. Motion by Connors to receive and file the documents and appoint
Council Members Michalski and Connors as the voting delegate and alternate respectively.
Seconded by Cline. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Jones reported on the successful visit of the Arkansas delegation and thanked staff for their
support.
Michalski reported on the success of the recent ribbon cutting for the McGraw-Hill
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headquarters building in the Port of Dubuque.
CLOSED SESSION
Upon motion the Council convened in closed session at 8:36 p.m. regarding Litigation and
Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 of the Code of Iowa.
At 8:55 p.m. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion the Council adjourned at 8:56 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/24
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