11 19 07 City Council Agenda w/Icons
ROLL CALL ORDER
FOR MEETING OF
11/19/07
BRAIG
BUOL
CLINE
CONNORS
JONES
LYNCH
MICHALSKI
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, NOVEMBER 19, 2007
PLEDGE OF ALLEGIANCE
INVOCATION
Dr. Ken Bickel, First Congregational UCC
PRESENTATION
Presentation by the United States Postal Service Inspection Service to the
Dubuque Police Department, Dubuque Fire Department, and Quad Cities Bomb Squad
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 11/5, 11/8 and 11/9; Human Rights Commission of 10/8; Transit Board
of 9/13; Zoning Advisory Commission of 11/7; Zoning Board of Adjustment of 10/25
Suggested Disposition: Receive and File
City Council of 11/5City Council of 11/8City Council of 11/9Human RightsTransitZoning Advisory
Comm
Zoning Bd of Adj
2. Notice of Claims/Suits
Greg Droessler for vehicle damage; Eileen Geraghty for personal injury
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: Eileen Geraghty
for personal injury; Wesley A. Heimke for property damage; Latanji Threadgill for
personal injury
Suggested Disposition: Receive and File; Concur
Claims - ICAP
3. Loras College Pedestrian Bridge
City Manager recommending approval of an irrevocable license in response to a
request from James E. Collins, President of Loras College, to build a bridge over Cox
Street.
Suggested Disposition: Receive and File; Approve
Loras - MVM MemoLoras - Staff MemoIrrevocable LicenseLoras College
Material
2
4. Dubuque Community Ice and Recreation Center, Inc.
Communication from Bob Woodward, President – Dubuque Community Ice and
Recreation Center, Inc., requesting financial assistance from the City in support of their
Vision Iowa Community Attraction and Tourism (CAT) Program grant application.
Suggested Disposition: Receive and File; Refer to City Manager
Woodward LtrDubuque Ice
Overview
5. Citizen Communications
Communication from Nick Kean, 2918 Arabian Trail, requesting that the speed limit on
nd
Carter Road from Kane Street to 32 Street be changed to 35 miles per hour.
Communication from John Callahan regarding staffing concerns at the 911 Center.
Suggested Disposition: Receive and File; Refer to City Manager
Kean LtrMueller LtrCallahan Ltr
6. Renewal Rates for Voluntary Dental Plan
City Manager recommending approval of the renewal rates for the City’s voluntary
dental plan.
Suggested Disposition: Receive and File; Approve
Dental Plan - MVM Dental Plan - Staff Delta Dental Plan
MemoMemo
7. Drug Awareness Resistance Education (DARE) Contract
City Manager recommending approval of the 2007/2008 DARE contract between the
City of Dubuque, the Dubuque Community Schools and the Holy Family Catholic
Schools.
Suggested Disposition: Receive and File; Approve
DARE - MVM MemoDARE - Staff MemoDARE Agreement
3
8. Notice of Voluntary Settlement
Communication from the Board of Review advising of the Voluntary Settlement
Agreement with Mediacom Communications Corporation regarding their property tax
assessment appeal.
Suggested Disposition: Receive and File
Mediacom Settlement
9. Stipulation of Settlements
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of
Ioana Mamali for property located at 700 Lowell Street.
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of
Michael Walsh for property located at 3270 Arboretum Drive.
City Attorney submitting a Stipulation of Settlement in the tax assessment appeal of
Jeffrey Spahn for property located at 1595 Geraldine Drive.
Suggested Disposition: Receive and File
Mamali - BAL LtrMamali - Notice of Mamali - Stipulation
Settlementof Settlement
Walsh - BAL LtrWalsh - Notice of Walsh - Stipulation of
SettlementSettlement
Legal - Spahn LtrSpahn - Notice of Spahn - Stipulation
Settlementof Settlement
10. Kaufmann Avenue Storm Sewer Extension Project
City Manager recommending acceptance of the Kaufmann Avenue Storm Sewer
Extension Project as completed by Drew Cooks & Sons Excavating in the final contract
amount of $30,576.37.
RESOLUTION
Accepting the Kaufmann Alley Storm Sewer Construction Project and
authorizing payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
4
Kaufmann - MVM Kaufmann - Staff Kaufmann - Certificate of Kaufmann - Final
MemoMemoResolutionCompletionPayment
11. Third Floor Expansion Project
City Manager recommending acceptance of the Third Floor Expansion Project as
completed by Klauer Development Corporation, in the final contract amount of $63,429.
RESOLUTION
Accepting the Third Floor Expansion Project and authorizing payment to
the contractor
Suggested Disposition: Receive and File; Adopt Resolution
3rd Floor - MVM 3rd Floor - Staff 3rd Floor - Certificate of 3rd Floor - Final
MemoMemoResolutionCompletionPayment Form
12. ENSR Monitoring Wells
City Manager recommending approval of a request from ENSR Corporation to install
two monitoring wells in the City right-of-way of Salina Street, south of Railroad Avenue.
Suggested Disposition: Receive and File; Approve
Wells - MVM MemoWells - Staff MemoENSR Documents
13. Plat of Survey – LT Kutsch Place
Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1
and 2 of LT Kutsch Place and Lot 1 of LT Kutsch Place No. 2 located near North
Grandview Avenue as requested by Buesing and Associates/Dr. Leonard Kutsch.
RESOLUTION
Approving the Plat of Survey of LT Kutsch Place
Suggested Disposition: Receive and File; Adopt Resolution
Kutsch - ZAC LtrKutsch - Staff MemoKutsch - ResolutionKutsch - Vicinity MapKutsch - Plat of Kutsch - Plat of
Survey #1Survey #2
5
14. Trolley Line Trail
City Manager recommending approval of the Fiscal Year 2008 REAP Grant Agreement
with the Iowa Department of Natural Resources for construction of the Trolley Line Trail
at Eagle Point Park.
RESOLUTION
Authorizing a REAP Grant Agreement with the Iowa Department of
Natural Resources for the Trolley Line Trail
Suggested Disposition: Receive and File; Adopt Resolution
Trolley - MVM MemoTrolley - Staff MemoTrolley - ResolutionTrolley Line Trail MapREAP Grant
Application
15. Downtown Rehabilitation Loan Agreement
City Manager recommending approval of a loan agreement for a Downtown
Rehabilitation Loan to support Cottingham and Butler’s rehabilitation of the Security
Building on Main Street.
RESOLUTION
Authorizing execution of a Downtown Rehabilitation Loan, Façade Grant
and Design Grant to Cottingham and Butler’s Security Building renovation
Suggested Disposition: Receive and File; Adopt Resolution
Loan - MVM MemoLoan - Staff MemoLoan - ResolutionLoan - Promissory Loan AgreementSecurity Building
NoteMortgage
Loan - Insurance
Requirements
16. Valentine Park Restroom Project
City Manager recommending acceptance of the Valentine Park Restroom Project as
completed by Mike Strub Construction, Inc., in the final contract amount of $66,662.07.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Valentine - MVM Valentine - Staff Valentine -
MemoMemoResolutions
6
17. PEG Capital Grant Expenditures
City Manager recommending approval of
two requests for funding from the Capital Grant for
Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
PEG - MVM MemoPEG - Staff Memo
18. General Obligation Bonds – Series 2007A
City Manager recommending approval of the final action necessary for the issuance of
the General Obligation Bonds – Series 2007A in support of stormwater projects.
RESOLUTION
Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying
Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution
of the Agreement
RESOLUTION
Authorizing and providing for the issuance of $1,055,000 General
Obligation Bonds, Series 2007A, and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
2007A - MVM Memo2007A - Staff Memo2007A - Noth Ltr2007A - Resolution 2007A - Resolution
#1#2
19. General Obligation Refunding Bonds – Series 2007B
City Manager recommending approval of the final action necessary for the issuance of
the General Obligation Refunding Bonds – Series 2007B.
RESOLUTION
Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement
RESOLUTION
Authorizing and providing for the issuance of $2,965,000 General
Obligation Refunding Bonds, Series 2007B, and levying a tax to pay said bonds
RESOLUTION
Authorizing the redemption of the outstanding General Obligation
Bonds, Series 2000C, dated November 1, 2000, of the City of Dubuque, Iowa, and
directing notice of redemption
Suggested Disposition: Receive and File; Adopt Resolutions
7
2007B - MVM Memo2007B - Staff Memo2007B - Noth Ltr2007B - Resolution 2007B - Resolution 2007B - Resolution
#1#2#3
20. Terminal Street Pumping Station Electrical Upgrade
City Manager recommending approval of the selection of Strand Associates of Madison,
Wisconsin to provide engineering and design services for the electrical upgrades at the
Terminal Street Pump Station.
Suggested Disposition: Receive and File; Approve
Upgrade - MVM Upgrade - Staff
MemoMemo
21. Arbitrage Rebate Services
City Manager recommending approval of a contract with the Berens-Tate Consulting
Group to prepare arbitrage calculations related to the City’s debt issuance.
Suggested Disposition: Receive and File; Approve
Arbitrage - MVM Arbitrage - Staff Berens-Tate
MemoMemoDocuments
22. Dubuque Southgate Investments, Ltd.
Communication from Daniel J. Mueller, Dubuque Southgate Investments, Ltd.,
requesting that the City accept the dedication of Gateway Drive and Stone Hill Drive for
maintenance.
Suggested Disposition: Receive and File; Refer to City Manager
Mueller LtrMueller - Street Mueller - Photos
Specifications
23. Comprehensive Bluff Plan
Zoning Advisory Commission submitting the Comprehensive Bluff Plan and
recommendations from the Bluffland Advisory Committee for review at the November
26, 2007 City Council work session.
Suggested Disposition: Receive and File
Bluffland - ZAC LtrBluffland Report - Plan - Final Bluffland - Staff Issues / Concerns
2007RecommendationsMemoMemo
8
24. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to Big 10 Mart and
Kwik Stop Food Mart
RESOLUTION
Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to
Grand Harbor Resort and Water Park; Class “C” Beer/Liquor License to Jumpers Sports
Bar and Grill, Aragon Tap, Point Restaurant and Yen Chin Restaurant; Special Class
“C” Liquor License to Dubuque Family Restaurant and Cookin Something Up; and Class
“B” Wine Permit to Cookin Something Up
Suggested Disposition: Receive and File; Adopt Resolutions
Renewals - MVM Renewals - Staff Resolution #1Resolution #2
MemoMemo
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Dubuque Industrial Center Economic Development District
City Manager recommending that a public hearing be set for January 7, 2008 to
consider the removal of the North Siegert Farm and the Rail Site from the Dubuque
Industrial Center Economic Development District.
RESOLUTION
Setting a public hearing on an amendment to the Amended and
Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District removing certain real property from said District
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1/7/08
Industrial Ctr - MVM Industrial Ctr - Staff Industrial Ctr - Economic Dev District
MemoMemoResolution
2. Voluntary Annexation Request
City Manager recommending that a public hearing be set for December 17, 2007 on the
voluntary annexation request of Kress Industrial Facility.
RESOLUTION
Approving application for voluntary annexation of territory owned by
Kress Industrial Facility
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
12/17/07
9
Annexation - MVM Annexation - Staff Kress ApplicationAnnexation - Vicinity Annexation - Staff Annexation -
MemoMemoMapReportResolution
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. Development Agreement – Medline Industries, Inc.
Proof of publication on notice of public hearing to consider approval of a Development
Agreement with Medline Industries, Inc. and disposition of approximately 10.43 acres in
Dubuque Industrial Center West.
RESOLUTION
Approving a Development Agreement providing for the sale of 10.43
acres in the Dubuque Industrial Center West to Medline Industries, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Medline - MVM MemoMedline - Staff MemoMedline - ResolutionMedline Dev Agr
Material from November 5, 2007 City Council Meeting
Medline - MVM MemoMedline - Staff MemoMedline - ResolutionMedline Dev Agr
2. 2160 Elm Street – Request to Rezone
Proof of publication on notice of public hearing to consider a request from Michelle
Mihalakis to rezone property located at 2160 Elm Street from R-2A Alternate Two-
Family Residential District to OR Office Residential District and Zoning Advisory
Commission recommending approval.
Communication from Kathleen M. Davis, 2105 ½ Kniest Street, in support of the
proposed rezoning of 2160 Elm Street.
Communication from John Curtis, Chair, and members of the Envision Committee on
Mental Health and Substance Abuse, in support of the proposed 18-unit SRO project at
2160 Elm Street.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 2160 Elm
Street from R-2A Alternate Two-Family Residential District to OR Office Residential
District
10
Suggested Disposition: Receive and File; First Reading; or Motion B; Motion A
2160 Elm - ZAC Ltr2160 Elm - 2160 Elm - Mihalakis 2160 Elm - Vicinity 2160 Elm - Staff 2160 Elm - Ordinance
ApplicationLtrMapReport
2160 Elm - Support Davis LtrCurtis Ltrs (2)Suggested Motion
Ltrs
3. Medical Associates Clinic / Robert Hartig – Planned Unit Development District
(PUD) Amendment
Communication from Bob Hartig, Director of Facilities - Medical Associates, requesting
that this item be tabled to December 17, 2007.
Proof of publication on notice of public hearing to consider a request from Medical
Associates Clinic / Robert Hartig to amend the existing Associates Park Planned Unit
Development (PUD) District to designate a portion of the existing greenway buffer for
business use and Zoning Advisory Commission recommending denial.
Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed
amendment to the Associates Park Planned Unit Development District.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the
Medical Associates West Campus Planned Unit Development District and by repealing
Ordinances 24-94, 32-96 and 35-99
Suggested Disposition: Receive and File; Remove from Table; Concur with
Denial; or Motion B; Motion A (Super Majority Vote)
PUD - Hartig LtrPUD - ZAC LtrPUD - ApplicationPUD - Staff MemoPUD - OrdinancePUD - Amended Plan
Drawing
PUD - Exhibit APUD - Ordinance Conceptual Dev PlanAerial View MapPUD - Color PhotosPUD - Opposition Ltrs
32-96
Kelley LtrSuggested Motion
11
4. Residential Parking Permit District
Proof of publication of notice of public hearing to consider amending Residential Parking
Permit District A by excluding from it that section of Grace Street from McCormick
Street to a point 270 feet east of McCormick Street and City Manager recommending
approval.
ORDINANCE
Amending the Code of Ordinances of the City of Dubuque, Iowa by
repealing Subsection (a) of Section 32-321.733 Establishing Residential Parking Permit
District A and adopting in lieu thereof a new Subsection (a) of Section 32-321.733 Re-
establishing Residential Parking Permit District A
Suggested Disposition: Receive and File; First Reading or Motion B; Motion A
RPPD - MVM MemoRPPD - Staff MemoRPPD - OrdinanceRPPD - Vicinity MapSuggested Motion
Material from November 5, 2007 City Council Meeting
RPPD - MVM MemoRPPD - Staff MemoRPPD - ResolutionRPPD - Vicinity MapRPPD - UD Ltr
5. Quigley Lane – Vacating Petition
Proof of publication on notice of public hearing to consider a request from David L.
Clemens, representing Denise M. Keller, for the vacating and purchase of a portion of
Quigley Lane west of Pierce Street and City Manager recommending approval.
RESOLUTION
Approving plat of proposed vacated portion of Quigley Lane west of
Pierce Street
RESOLUTION
Vacating a portion of Quigley Lane west of Pierce Street
RESOLUTION
Disposing of City interest in Lot 1-6-A of Kringle’s Subdivision of Out Lot
743 in the City of Dubuque, Dubuque County Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
Quigley - MVM MemoQuigley - Staff MemoQuigley - Resolutions
Material from November 5, 2007 City Council Meeting
Quigley - MVM MemoQuigley - Staff MemoQuigley - ResolutionQuigley - Vicinity MapQuigley - Clemens Ltr
12
6. Brunswick Street and Adjacent Alley – Vacating Petition
Proof of publication on notice of public hearing to consider a request from Esther J.
Thome to vacate a portion of Brunswick Street south of Lawther Street and the northerly
portion of an alley west of Balke Street south of Lawther Street and City Manager
recommending approval.
RESOLUTION
Approving plat of proposed vacated portion of Brunswick Street south of
Lawther Street and the northerly portion of an alley west of Balke Street south of
Lawther Street
RESOLUTION
Vacating a portion of Brunswick Street south of Lawther Street and the
northerly portion of an alley west of Balke Street south of Lawther Street
RESOLUTION
Disposing of City interest in Lot 49-A and Lot 66-A of Belmont Addition
in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Brunswick - MVM Brunswick - Staff Brunswick -
MemoMemoResolutions
Material from November 5, 2007 City Council Meeting
Brunswick - MVM Brunswick - Staff Brunswick - Brunswick - Map/PlatBrunswick - Thome
MemoMemoResolutionLtr
7. Five Flags HVAC and Promenade Roof Replacement Project
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract, and estimated cost for the Five Flags HVAC and
Promenade Roof Replacement Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Five Flags HVAC and Promenade Roof Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
HVAC - MVM MemoHVAC - Staff MemoHVAC - Resolution
Material from November 5, 2007 City Council Meeting
Five Flags - MVM Five Flags - Staff Five Flags -
MemoMemoResolutions
13
REINSTATE THE RULES
This action limits discussion to the City Council.
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. Dubuque Main Street, Ltd.
Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly report.
Suggested Disposition: Receive and File
Dubuque Main Street
Report
2. Convention and Visitors Bureau Quarterly Report
Sue Czeshinski to provide the Convention and Visitors Bureau quarterly report.
Suggested Disposition: Receive and File
CVB Quarterly
Report
3. Human Relations Ordinance
City Manager recommending approval of amendments to Chapter 27, Human Relations,
of the City of Dubuque Code of Ordinances to conform to recently amended state law.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Chapter 27 Human
Relations, Section 27-1 Definitions by adding a new definition for “Gender Identity” and
deleting the definition of “Religious Education Institution”; amending Section 27-51
Aiding or Abetting, Prohibiting Aiding or Abetting Unfair or Discriminatory Practices
Based on Gender Identity; amending Section 27-61,Prohibited Practices Relating to
Unfair or Discriminatory Practices relating to Public Accommodations Based on Gender
Identity; Amending Section 27-71 Prohibited Practices Relating to Unfair or
Discriminatory Practices in Employment Based on Gender Identity; amending Chapter
27-72 Exemptions Relating to Unfair or Discriminatory Practices in Certain Consumer
Credit Transactions Based on Sexual Orientation or Gender Identity; amending Section
27-101 Prohibited Practices; Exceptions Relating to Unfair or Discriminatory Practices
by Educational Institutions Based on Gender Identity; amending Section 27-131
Prohibitions Relating to Discrimination in the Sale or Rent of a Dwelling based on
Gender Identity; amending Section 27-132 Exemptions Exempting Certain Religious
Organizations from Certain Conduct Based on Gender Identity; amending Section 27-
133 Discrimination in Residential Real Estate-Related Transactions Relating to
Discrimination in Certain Real Estate-Related Transactions Based on Gender Identity;
amending Section 27-134 Discrimination in Provision of Brokerage Services Relating to
the Denial of certain Brokerage Services Based on Gender Identity; amending Section
14
27-145 Violations; Bodily Injury; Death; Penalties Prohibiting Injury, Intimidation or
Interference with a Person Based on Gender Identity
Suggested Disposition: Receive and File; First Reading; or Motion B; Motion A
Human Rights Ordinance - Staff Human Rights Staff Human Relations Atty General LtrSuggested Motion
Commission LtrMemoMemoOrdinance
4. Pennsylvania Avenue – Speed Reduction and Lane Modification
City Manager recommending approval of changes to the traffic conditions in the
Pennsylvania Avenue, from John F. Kennedy Road to the Northwest Arterial corridor.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Chapter 32 Motor
Vehicles and Traffic by revising Section 32-321.285(c) Limits Generally, reducing the
speed limit on Pennsylvania Avenue in the vicinity of Stephen Hempstead High School
during the activation of yellow flashing lights
Suggested Disposition: Receive and File; First Reading; or Motion B; Motion A
Pennsylvania Ave - Pennyslvania Ave - Pennsylvania Ave - Proposed Lane Suggested Motion
MVM MemoStaff MemoOrdinanceChanges
5. Adult Entertainment Moratorium
City Attorney recommending approval of an amendment to Ordinance No. 57-07
prohibiting new adult entertainment establishments within a certain distance of other
existing adult entertainment establishments during the moratorium period.
ORDINANCE
Amending Ordinance No. 57-07 Amending Appendix A, the Zoning
Ordinance, of the City of Dubuque Code of Ordinances, by adopting a new Section 4-
8.4 Establishing a Moratorium on the Use of Certain Property as an Adult Entertainment
Establishment
Suggested Disposition: Receive and File; First Reading; or Motion B; Motion A
Moratorium - BAL Moratorium - Suggested Motion
MemoOrdinance
COUNCIL MEMBER REPORTS
15
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.
Jeanne F. Schneider
November 15, 2007
16