Minutes City Council 11 19 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on November 19, 2007, in the
Historic Federal Building.
Present: Mayor Pro-Tem Cline, Mayor Roy Buol (Via Telephone) Council Members Braig,
Connors, Jones, Michalski, City Manager Van Milligen; City Attorney Lindahl
Absent: Council Member Kevin Lynch
Mayor Pro-Tem Cline read the call and stated this was a regular session of the Dubuque
City Council called for the purpose of discussing such matters which may properly come
before City Council
Invocation was provided by Dr. Ken Bickel, First Congregational UCC
PRESENTATION
Presentation by Thomas Brady and David Colen of the United States Postal Inspection
Service to Fire Chief Dan Brown and Police Chief Kim Wadding in appreciation of support from
the Dubuque Police and Fire Departments as well as the Quad Cities Bomb Squad.
CONSENT ITEMS
Motion by Connors to receive and file the documents and dispose of as indicated. Seconded
by Braig. Planning Services Manager Laura Carstens requested (#23) Comprehensive Bluff
Plan be held for separate discussion. Motion carried 6-0.
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. Upon motion the documents were received and filed.
Notice of Claims/Suits: Greg Droessler for vehicle damage; Eileen Geraghty for personal
injury. Upon motion the documents were received, filed, and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Eileen Geraghty for
personal injury; Wesley A. Heimke for property damage; Latanji Threadgill for personal injury.
Upon motion the documents were received and filed, and concurred.
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
pedestrian bridge over Cox Street. Upon motion the documents were received, filed, and
approved.
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. Upon motion the documents were received, filed, and
referred to the City Manager.
Citizen Communications: Communication from Nick Kean, 2918 Arabian Trail, requesting
nd
that the speed limit on 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. Upon
motion the documents were received, filed, and referred to the City Manager.
Renewal Rates for Voluntary Dental Plan: City Manager recommending approval of the
renewal rates for the City’s voluntary dental plan. Upon motion the documents were received,
filed, and approved.
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. Upon motion the documents were
received, filed, and approved.
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. Upon motion the documents were received and filed.
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. Upon motion the documents were
received and filed.
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. Upon motion the
documents were received and filed and Resolution No. 542-07 Accepting the Kaufmann Alley
Storm Sewer Construction Project and authorizing payment to the contractor was adopted.
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. Upon motion the documents were received and filed and Resolution No.
543-07 Accepting the Third Floor Expansion Project and authorizing payment to the contractor
was adopted.
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. Upon motion the documents were received, filed, and approved.
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. Upon motion the documents were received and filed and Resolution No. 544-07
Approving the Plat of Survey of LT Kutsch Place was adopted.
2
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. Upon motion the documents were received and filed and
Resolution No. 545-07 Authorizing a REAP Grant Agreement with the Iowa Department of
Natural Resources for the Trolley Line Trail was adopted.
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. Upon motion the documents were
received and filed and Resolution No. 546-07 Authorizing execution of a Downtown
Rehabilitation Loan, Façade Grant and Design Grant to Cottingham and Butler’s Security
Building renovation project was adopted.
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. Upon motion the documents were received and filed and Resolution
No. 547-07 Accepting improvement and Resolution No. 548-07 Approving final estimate were
adopted.
PEG Capital Grant Expenditures: City Manager recommending approval of two requests for
funding from the Capital Grant for Access Equipment and Facilities. Upon motion the
documents were received, filed, and approved.
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. Upon motion the documents were received and filed and
Resolution No. 549-07 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; and Resolution No. 550-07 Authorizing and providing for the issuance of
$1,055,000 General Obligation Bonds, Series 2007A, and levying a tax to pay said bonds were
adopted.
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. Upon motion the documents were received and filed and Resolution
No. 551-07 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 No. 552-07 Authorizing and providing for the issuance of $2,965,000
General Obligation Refunding Bonds, Series 2007B, and levying a tax to pay said bonds; and
Resolution No. 553-07 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 were adopted.
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. Upon motion the
3
documents were received, filed, and approved.
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. Upon motion the documents were received, filed, and approved.
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. Upon motion the documents were received, filed, and
referred to the City Manager.
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. Motion by Connors to receive and file the
documents. Seconded by Jones. Planning Services Manager Laura Carstens spoke on behalf
of the Zoning Advisory Commission, who requested direction for the November 26 work
session in terms of format and the Commission’s role at the work session. Upon discussion,
Council deferred to the City Manager who suggested that the Zoning Advisory Commission
make a presentation at the work session after which the Council may ask questions and
provide input to the Commission. Motion carried 6-0.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed, and Resolution No. 554-07
Granting the issuance of a Class “B” Beer Permit to Big 10 Mart and Kwik Stop Food Mart and
Resolution No. 555-07 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 were adopted.
Motion by Braig for Council to act upon Action Item #5 (Adult Entertainment Moratorium)
and Action Item #4 (Pennsylvania Avenue Speed Reduction and Lane Modification) before
continuing with Items to be set for Public Hearing. Seconded by Jones. Motion carried 6-0.
ACTION ITEMS
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.
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 6-0.
Motion by Michalski for final consideration and passage of Ordinance No. 58-07 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. Seconded by Connors. Motion
carried 6-0.
Pennsylvania Avenue – Speed Reduction and Lane Modification: City Manager
4
recommending approval of changes to the traffic conditions in the Pennsylvania Avenue, from
John F. Kennedy Road to the Northwest Arterial, corridor. Motion by Jones to receive and file
the documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Cline referenced City Engineer Gus Psihoyos’ memo that
his department is in the process of collecting information and reviewing other intersections
within the City. Michalski asked representatives of the Dubuque Community School District
what Hempstead High School is planning and what they see their role as in correcting this
issue. Kris Hall of the Dubuque Community School District said that the District is taking this
very seriously and they will provide information on what plan is in place and what is planned for
the future. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 59-07 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.
Seconded by Braig. Motion carried 6-0.
Mayor Buol, via telephone, left the meeting at 7:02 p.m.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones 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
5-0.
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.
Upon motion the documents were received and filed, and Resolution No. 556-07 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
January 7, 2008, in the Historic Federal Building.
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. Upon
motion the documents were received and filed and Resolution No. 557-07 Approving
application for voluntary annexation of territory owned by Kress Industrial Facility was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the
Historic Federal Building. Motion carried 5-0.
Upon motion the rules were suspended allowing anyone to address the City Council.
PUBLIC HEARINGS
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. Motion by
Michalski to receive and filed the documents and adopt Resolution No. 558-07 Approving a
5
Development Agreement providing for the sale of 10.43 acres in the Dubuque Industrial Center
West to Medline Industries, Inc. Seconded by Jones. Van Milligen acknowledged the Medline
staff in attendance. Greater Dubuque Development Corporation Vice President for Existing
Business Dan McDonald reviewed the positive statistics and track record of Medline Industries
and stated support for the development agreement. Renee Poppe, Director of Customer
Service at Medline Industries thanked the Council for their support. Motion carried 5-0.
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.
Motion by Michalski to receive and file the documents and approve the first reading of the
proposed 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. Michelle
Mihalakis spoke in support of the ordinance and reviewed the benefits to the community and
project details, which will include additional street lighting and exterior security cameras.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 5-0.
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.
Motion by Connors to receive and file the documents and refer issue back to the Zoning
Advisory Commission for further review. Seconded by Jones. Connors said that the Council
had learned of a Zoning Advisory Commission member visiting the site with the developer at
the invitation of the property owner, which may have potentially skewed the Commission’s
vote. Since this issue is a quasi-judicial matter, she recommends sending the entire issue back
to the Zoning Commission and give all the Commissioners the opportunity to visit the site, after
which the Commission should discuss, review, and revote before re-submitting to the City
Council. Motion carried 5-0.
Residential Parking Permit District: Proof on 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. Motion by Jones to receive and file the documents and to
approve the first reading of an 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-
6
321.733 Re-establishing Residential Parking Permit District A. Seconded by Braig. Motion
carried 5-0.
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. Motion by Connors to receive and file the documents and adopt Resolution No. 559-
07 Approving plat of proposed vacated portion of Quigley Lane west of Pierce Street,
Resolution No. 560-07 Vacating a portion of Quigley Lane west of Pierce Street, and
Resolution No. 561-07 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. Seconded by Jones. Motion carried 5-0.
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. Motion by Michalski to receive
and file the documents and adopt Resolution No. 562-07 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 No. 563-07 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, and Resolution No. 564-07 Disposing of City interest in Lot 49-A and Lot 66-
A of Belmont Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig.
Motion carried 5-0.
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. Motion by Jones to receive and file the documents and
adopt Resolution No. 565-07 Approving plans, specifications, form of contract, and estimated
cost for the Five Flags HVAC and Promenade Roof Replacement Project. Seconded by
Connors. Motion carried 5-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
(Continued)
Dubuque Main Street, Ltd.: Dan LoBianco, Dubuque Main Street, Ltd., provided a verbal
quarterly report and slide presentation saying that this has been an outstanding year for
Dubuque Main Street. He also provided ideas and information gathered from a visit to Omaha,
Nebraska. Motion by Michalski to receive and file the documents. Seconded by Jones. Motion
carried 5-0.
Convention and Visitors Bureau Quarterly Report: Sue Czeshinski provided the Convention
and Visitors Bureau quarterly report. She reviewed statistics from many record-breaking local
events such as the Iowa League of Cities and the Iowa Tourism Conferences as well as shared
information from upcoming projects and awards received. Awards included the Tourism County
of the Year award and the Team Dubuque Award, which was also cited as a model proposal.
Motion by Connors to receive and file the documents. Seconded by Braig. Motion carried 5-0.
7
Human Relations Ordinance: Human Rights Commission recommending approval of
amendments to Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances to
conform to recently amended state law. Motion by Michalski to receive and file the documents
and to approve the first reading on an 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 27-
145 Violations; Bodily Injury; Death; Penalties Prohibiting Injury, Intimidation or Interference
with a Person Based on Gender Identity. Seconded by Braig. Motion carried 5-0.
COUNCIL MEMBER REPORTS
Connors reported her attendance at the recent National League of Cities conference in New
Orleans. She was impressed with the informative breakout sessions on the levy breech and
the cotton mill warehouse district revitalization. She said that guest speakers emphasized the
importance of citizens gathering important personal papers as part of their disaster
preparedness plan.
Jones reported on his attendance at the recent National League of Cities Conference in
New Orleans. He was impressed with the City’s recovery process and how he didn’t have a
real sense of the devastation caused by Hurricane Katrina. He reported that there is much
positive talk about sustainability and that New Orleans’ Mayor has not had time for anything
but recovery efforts.
Michalski reported on her attendance at the recent National League of Cities Conference in
New Orleans. The message she learned from their city leaders was to have a disaster plan
ready but be prepared to change it quickly. A disaster plan is more a way of thinking. The most
important elements following a disaster were water, power/generators, and fuel.
PUBLIC INPUT
Lee Andre, 1175 Highland spoke in opposition of adult entertainment establishments and
urged Council to reconsider their attitude toward these types of businesses.
8
Jennifer Nye, 3303 Oakland, Austin, Minnesota spoke in support of adult entertainment
establishments as a matter of free speech.
There being no further business, upon motion the Council adjourned at 8:15 p.m.
/s/ Kevin S. Firnstahl
Assistant City Clerk
1t 11/28
9