12 3 07 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on December 3, 2007, in the Historic
Federal Building.
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.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Invocation was provided by Elder Robert Tyler of Arbor Oaks Bible Chapel.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Connors. Fred Frommelt, 625 Gillespie Street, requested (#12) Acquisition of Property by Eminent
Domain be held for separate discussion. Connors requested that (#9) Government Finance Officers
Association and (#14) Dubuque Southgate Investments Ltd. be held for separate discussion.
Michalski requested (#10) U.S. Department of Housing and Urban Development be held for separate
discussion. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 8/27; City Council of 11/19; Park and
Recreation Commission of 11/13; Transit Board of 9/13
Proof of publication of City Council Proceedings of November 5, 2007. Upon motion the
documents were received and filed.
Notice of Claims/Suits: Allied Insurance for wrongful death claim of Lauren Schmidt; Brady &
O’Shea, P.C. for personal injury claim of Dorothy Herron; Hope McDermott for personal injury; Jill
Jellison for vehicle damage. Upon motion the documents were received and filed and referred to the
City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: Hope McDermott for personal injury;
Allied Insurance for wrongful death; Dorothy Herron for personal injury
City Attorney recommending settlement of the claim of Kurt Becker for property damage and
directing the Finance Department to issue payment. Upon motion the documents were received and
filed, and concurred.
U.S. 52 Storm Sewer Improvements Project: City Manager recommending acceptance of the U.S.
52 Storm Sewer Improvements Project as completed by McClain Excavating Company, Inc. in the
final contract amount of $178,150.63. Upon motion the documents were received and filed and
Resolution No. 566-07 Accepting the U.S. 52 Storm Sewer Improvements Project and authorizing
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 566-07
ACCEPTING THE US 52 NORTH STORM SEWER IMPROVEMENT PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the US52 North Storm Sewer Improvement Project
(the Project) has been completed and the City Engineer has examined the work and filed a certificate
stating that the Project has been completed according to the terms of the Public Improvement
Contract and that the City Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Jackson &
Aquin Drainage Capital Improvement Project ($165,560.00) and US52 Storm Sewer Capital
Improvement Project ($12,590.63) appropriation for the contract amount of $178,150.63 less any
retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such
retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE US52 NORTH STORM
SEWER IMPROVEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the US52 North Storm Sewer Improvement Project, that the Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $223,099.28.
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Dated this 3 day of December, 2007.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 3 day of December, 2007.
Jeanne F. Schneider, CMC, City Clerk
City Hall Parking Lot Construction Project: City Manager recommending acceptance of the City
Hall Parking Lot Construction Project as completed by Portzen Construction, Inc. in the final contract
amount of $673,974.08. Upon motion the documents were received and filed and Resolution No. 567-
07 Accepting the City Hall Parking Lot Construction Project and authorizing payment to the contractor
and Resolution No. 568-07 Approving the final assessment schedule for the City Hall Parking Lot
Reconstruction Project were adopted.
RESOLUTION NO. 567-07
ACCEPTING THE CITY HALL PARKING LOT RECONSTRUCTION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the City Hall Parking Lot Reconstruction Project
(the Project) has been completed and the City Engineer has examined the work and filed a certificate
stating that the Project has been completed according to the terms of the Public Improvement
Contract and that the City Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
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Section 2. The Finance Director is hereby directed to pay to the Contractor from the Renovation of
City Hall Parking Lot Fund, City Owned Sidewalks Fund, Watermain Replacement Program Fund,
FY2008 Street Construction Program Fund, Sanitary Sewer Manhole Replacement Program Fund,
Gunite/Replacement Storm Sewer Fund, Downtown Street Light Replacement Fund, Street Light
Replacement Fund, and Fiber Optic Conduit - Private Subdivision and Miscellaneous Projects Fund
appropriation for the contract amount of $673,974.08 less any retained percentage provided for
therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the
provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CITY HALL PARKING LOT
RECONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the City Hall Parking Lot Reconstruction Project, that the Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $829,009.16.
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Dated this 3 day of December, 2007.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 3 day of December, 2007.
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 568-07
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CITY HALL PARKING LOT
RECONSTRUCTION PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s),
Page 1 to Page 1 inclusive, is hereby approved for the City Hall Parking Lot Reconstruction Project.
There is hereby assessed and levied as a special tax against and upon each of the benefited
properties, the respective sums indicated. The amounts shown in said Final Schedule of
Assessments as deficiencies are found to be proper and levied conditionally against the respective
properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to
the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be
in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of
same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the
County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each
week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of
which shall be not more than fifteen days from the date of filing of the Final Schedule of
Assessments. On or before the date of the second publication of the notice, the City Clerk shall also
mail a copy of said notice to property owners whose property is subject to assessment, as provided in
Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City Treasurer,
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City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice
of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are
payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to
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December 1 next following the due dates of the respective installments as provided in Section 384.65
of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July
1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall
be delinquent from the second business day of October. Delinquent installments will draw the same
delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-
annually in advance.
rd
Passed, approved and adopted this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Villa Street Retaining Wall – Ornamental Railing Project: City Manager recommending acceptance
of the Villa Street Retaining Wall – Ornamental Railing Project as completed by Becker & Sons Stone
Co., Inc. in the final contract amount of $94,861.15. Upon motion the documents were received and
filed and Resolution No. 569-07 Accepting the Villa Street Retaining Wall – Ornamental Railing
Project and authorizing payment to the contractor was adopted.
RESOLUTION NO. 569-07
ACCEPTING THE VILLA STREET RETAINING WALL – ORNAMENTAL RAILING PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Villa Street Retaining Wall - Ornamental Railing
Project (the Project) has been completed and the City Engineer has examined the work and filed a
certificate stating that the Project has been completed according to the terms of the Public
Improvement Contract and that the City Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Steps, Railing
and Fencing Capital Improvement appropriation for the contract amount of $94,861.15 less any
retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such
retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE VILLA STREET RETAINING
WALL – ORNAMENTAL RAILING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Villa Street Retaining Wall - Ornamental Railing Project, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total cost of
the completed work is $101,253.43.
Dated this 21st day of November, 2007.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 28 day of November, 2007.
Jeanne F. Schneider, CMC, City Clerk
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Request for Proposals (RFP) - East – West Corridor Connectivity Study: City Manager
recommending approval of the issuance of a Request for Proposals (RFP) for engineering services
required to complete the East - West Corridor Connectivity Study. Upon motion the documents were
received, filed, and approved.
Iowa Department of Transportation Final Traffic Control System Improvements Agreement: City
Manager recommending approval of the Iowa Department of Transportation (IDOT) Final Traffic
Control System Improvements Agreement. Upon motion the documents were received and filed and
Resolution No. 570-07 Approving the Iowa Department of Transportation Agreement for Primary
Highway Improvements Project No. 2008-16-019 Final Traffic Control System Improvements was
adopted.
RESOLUTION NO. 570-07
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT
FOR A PRIMARY HIGHWAY IMPROVEMENTS PROJECT NO. 2008-16-019 FINAL TRAFFIC
CONTROL SYSTEM IMPROVEMENTS
Whereas, the Iowa Department of Transportation (Iowa DOT) has made funds available for the US
20 Capacity Improvements – Priority 1 (Traffic Signal Control System ACTRA) and Priority 3 (Locust
Street at US 20 and US 151/61 Intersections).
Whereas, City of Dubuque US 20 Capacity Improvements – Priority 1 (Traffic Signal Control
System ACTRA) and Priority 3 (Locust Street at US 20 and US 151/61 Intersections) have been
developed to include: the integration of a computer-based transportation management system to
monitor, control, change, and evaluate traffic conditions control; and traffic signal improvements on
Locust Street at the US 20 and US 151/61 intersections.
Whereas, the Iowa Clean Air Attainment Program (ICAAP) Funds will be required to complete said
traffic signal control system (Priority 1) and traffic improvements on Locust Street at the US 20 and
US 151/61 intersections (Priority 3) of the US 20 Capacity Improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That said Iowa Department of Transportation Agreement for a Primary Highway
Improvements Project No. 200816-019 Final Traffic Control System Improvements for US 20
Capacity Improvements – Priority 1 (Traffic Signal Control System ACTRA) and Priority 3 (Locust
Street at US 20 and US 151/61 Intersections) between the City of Dubuque and the Iowa Department
of Transportation be approved.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa Department of
Transportation Agreement for a Primary Highway Improvements Project No. 200816-019 Final Traffic
Control System Improvements.
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Passed, approved and adopted this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Final Plat – Asbury Plaza Business Park: City Manager recommending approval of a 180 day
extension and re-approval of the final plat of Asbury Plaza Business Park as requested by Wendell
Corey, Motor City, LLC. Upon motion the documents were received and filed and Resolution No. 571-
07 Re-approving the final plat of Asbury Plaza Business Park First Addition in the City of Dubuque,
Iowa, was adopted.
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RESOLUTION NO. 571-07
RESOLUTION RE-APPROVING THE FINAL PLAT OF ASBURY PLAZA BUSINESS PARK FIRST
ADDITION IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza Business Park First
Addition; and
Whereas, upon said final plat appear streets to be known as Plaza Drive (Lot A), North Plaza Loop
(Lot E), Plaza Court (Lot F) and Plaza Court (Lot G); and
Whereas, the conceptual plan/preliminary plat has been examined by the Zoning Advisory
Commission and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the conditions noted in Section 2 and 3 below; and
Whereas, said final plat has been examined by the City Council and they find that it conforms to
the statutes and ordinances relating to it, except that no streets or public utilities have yet been
constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Resolution No. 333-07 is hereby rescinded.
Section 2. That the dedication of Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F)
and Plaza Court (Lot G), together with the easements for public utilities, sanitary sewer, storm sewer
and water mains as they appear upon said final plat, be and the same are hereby accepted; and
Section 3. That the Final Plat of Asbury Plaza Business Park First Addition is hereby approved,
and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City
of Dubuque, Iowa upon said Final Plat, provided the owners of said property herein named, execute
their written acceptance hereto attached agreeing:
(a) To reduce Plaza Drive (Lot A), North Plaza Loop (Lot E), Plaza Court (Lot F), and Plaza Court
(Lot G) to grade and to construct concrete curb and gutter and to hard surface with asphaltic
concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque
standard specifications, all in a manner acceptable to the City Engineer, in conformance with
construction improvement plans approved by the City Engineer, and inspected by the City
Engineer;
(b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains
and water service laterals into each individual lot, storm sewers and catch basins, boulevard
street lighting and erosion control devices all in accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the City Engineer, and in accordance with
construction improvement plans approved by the City Engineer, and inspected by the City
Engineer;
(c) To construct a private storm water detention facility (Lot B) in a manner acceptable to the City
Engineer, in accordance with the City of Dubuque standard specifications approved by the City
Engineer, and inspected by the City Engineer. No building permit shall be issued until the
detention basin is functional or with the written consent of the City Engineer;
(d) To install sidewalks along all public streets in accordance with the typical cross section and
improvement plans approved by the City Engineer;
(e) To construct said improvements, prior to two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or future owner;
(f) To maintain the public improvements, for a period of two (2) years from the date of the
acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said Motor City LLC; Projects Plus Ltd., as owners of said property, shall
secure the performance of the foregoing conditions provided in this Section by providing guarantees
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in such form and with such sureties as may be acceptable to the City Manager of the City of
Dubuque, Iowa.
Section 4. That the final acceptance of all public improvements shall occur upon certification of the
City Engineer to the City Council that al public improvements have been completed in accordance
with the improvement plans and City standard specifications and accepted by City Council
Resolution.
Section 5. That in the event Motor City, LLC.; Projects Plus, Ltd. fails to execute the acceptance
and furnish the guarantees provided in Sections 3 and 4 hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and
approval the plat shall not be effective.
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Passed, approved and adopted this 3 day of December 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Government Finance Officers Association: Communication from the Government Finance Officers
Association advising that Budget Director Jennifer M. Larson has been presented the Distinguished
Budget Presentation Award. Motion by Connors to receive and file the documents. Seconded by
Braig. Connors commended Budget Officer Jennifer Larson for her good work. Motion carried 7-0.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development (HUD) advising that the consolidated end-of-year review for
program year 2006 was satisfactory and congratulating the City of Dubuque on its accomplishments.
Motion by Michalski to receive and file the documents. Seconded by Braig. Michalski reiterated the
statistics provided by HUD that show the great number of people served by the Housing and
Community Development Department and commended staff for their work. Motion carried 7-0.
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Abstract of Votes: Submittal of the Abstract of Votes for the City Council Election held on the 6
day of November, 2007. Upon motion the documents were received and filed.
Acquisition of Property by Eminent Domain: City Manager recommending approval of the
commencement of eminent domain proceedings for acquisition of the property at 625 Gillespie Street
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for the 32 Street Detention Basin Project Station. Motion by Cline to receive and file the documents
and adopt Resolution No. 572-07 Authorizing the commencement of eminent domain proceedings for
the acquisition of certain real property owned by the estate of Arthur P. Frommelt in the City of
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Dubuque, Iowa for the 32 Street Detention Basin Project Station. Seconded Connors. Fred
Frommelt, 625 Gillespie, spoke in opposition to the proposed eminent domain proceedings and stated
the road has always been over the reservoir. He suggested slowing the project’s momentum, leave
the house, and create the planned silt pond, and then see what evolves. He was in favor of taking
more time to look at the project and lowering the road to prevent demolition of the house. Cline
requested the City Manager read the staff memo. Motion carried 7-0.
RESOLUTION NO. 572-07
AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY THE ESTATE OF ARTHUR P.
ND
FOMMELT IN THE CITY OF DUBUQUE, IOWA FOR THE 32 STREET DETENTION BASIN
PROJECT STATION
WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by the Estate
of Arthur P. Frommelt (Owner), legally described as follows (the Property): Lots 11, 12, 13, 14, and 15
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Finks Subdivision in the City of Dubuque, Iowa, as shown on Exhibit A attached hereto for the
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purpose of expanding the 32 Street Detention Basin; and
WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with Owner to
purchase the Property before proceeding with condemnation; and
WHEREAS, City may not make an offer to purchase the Property which is less than the fair market
value City has established for the Property; and
WHEREAS, City caused an appraisal of the Property to be made and the appraised value of the
Property is $120,900.00; and
WHEREAS, City has made an offer to purchase the Property for not less than its fair market value;
and
Whereas, City has been unable after good faith negotiations to reach an agreement with Owner for
the acquisition of the Property.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA,
AS FOLLOWS:
Section 1. The City Manager and the City Attorney are hereby authorized to commence eminent
domain proceedings for the acquisition of the Property and to take such further action as may be
necessary for the acquisition of the Property.
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Passed, adopted and approved this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Interstate Power Transmission Assets: City Manager recommending approval of the partial
assignment by Interstate Power & Light Company to ITC Midwest LLC, a Michigan limited liability
company, of its rights, liabilities and obligations related to certain transmission assets under the City
of Dubuque Electric Franchise. Upon motion the documents were received, filed, and approved.
Dubuque Southgate Investments Ltd.: Communication from Daniel J. Mueller regarding the
development of Dubuque Southgate’s property and the previous request for acceptance of the
streets. Motion by Connors to receive and filed the documents and refer to the City Manager.
Seconded by Lynch. Connors requested that the City Manager report back to Council. Motion carried
7-0.
State Historic Preservation Office – Preserve America Grant Application: City Manager
recommending approval of a Letter of Support for the State Historic Preservation Office (SHPO)
Preserve America grant application. Upon motion the documents were received, filed, and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted. Upon motion the documents were received and filed and Resolution No. 573-07 Granting
the issuance of a Class “B” Beer Permit to UAW Local #94; and a Class “C” Beer Permit to Hy-Vee #2
and Sam’s Club #4973; and Resolution No. 574-07 Granting the issuance of a Class “B” (Hotel/Motel)
Liquor License to Julien Inn; Class “C” Beer/Liquor License to Instant Replay, Las Margaritas, The
White House and Pepper Sprout; Class “B” Wine to Sam’s Club and Hy-Vee #2; and Class “WBN”
Native Wine to Dubuque Area Chamber of Commerce and Engraved Gift Collection were adopted.
RESOLUTION NO. 573-07
Whereas, applications for Beer Permits have been submitted and filed to this Council for approval
and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the Ordinances of the City and have filed proper bonds.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer
Permit.
CLASS “B” BEER PERMIT
International UAW Local 94 UAW Local # 94 +(Sunday Sale) 3450 Central Ave.
CLASS “C” BEER PERMIT
Hy-Vee, Inc. Hy-Vee # 2 +(Sunday Sale) 2395 NW Arterial
Sam’s West, Inc. Sam’s Club #4973 +(Sunday Sale) 4400 Asbury Rd.
Passed, approved and adopted this 3rd day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 574-07
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and
the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Liquor
License.
CLASS “B” (HOTEL/MOTEL)LIQUOR LICENSE
Design Center, Inc Julien Inn+(Sunday/Outdoor Sale) 200 Main St.
CLASS “C” BEER/LIQUOR LICENSE
Pamela Arensdorf Instant Replay+(Sunday Sale) 1602 Central Ave.
Mayas, Inc. Las Margaritas+(Sunday/Outdoor Sale) 1575 JFK Rd.
David Hoffman The White House 450 W. Locust
Pepper Sprout, Inc. Pepper Sprout+(Sunday Sale) 378 Main St.
CLASS”B” WINE
Sam’s West, Inc. Sam’s Club 4400 Asbury Rd.
Hy-Vee, Inc. Hy-Vee # 2 2395 NW Arterial
CLASS “WBN” NATIVE WINE
Dubuque Area Chamber Dubuque Area Chamber of Commerce 300 Main St. Suite 200
Woodline, Inc. Engraved Gift Collection 962 Main St.
Passed, approved and adopted this 3rd day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline 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 Connors. Motion carried 7-0.
Traut Terrace Vacate Petition: City Manager recommending that a public hearing be set for
December 17, 2007 to consider a request from Greg Laufenberg for vacating and sale of a portion of
Traut Terrace south of Diagonal Street. Upon motion the documents were received and filed and
Resolution No. 575-07 Resolution of Intent to vacate and dispose of City interest in Lot 8A of Dunn’s
Subdivision in the City of Dubuque, Dubuque County, Iowa was adopted setting a public hearing for a
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meeting to commence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building.
RESOLUTION NO. 575-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 8A OF
DUNN’S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gregory Laufenberg has requested the vacating and disposal of a portion of Traut
Terrace south of Diagonal Street; and
Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the
vacated portion of Traut Terrace south of Diagonal Street and assigned a lot number thereto, which
hereinafter shall be known and described as Lot 8A of Dunn’s Subdivision in the City of Dubuque,
Dubuque County, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 8A of
Dunn’s Subdivision in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 8A of Dunn’s Subdivision in the City of Dubuque, Dubuque
County, Iowa, to Gregory Laufenberg be contingent upon the payment of $888, publication and filing
fees of $100 and the surveying and platting costs.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent
to vacate and dispose of said real estate to be published in the manner as prescribed by law.
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Passed, approved and adopted this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
John F. Kennedy Sidewalk Construction Project: City Manager recommending initiation of the
public bidding process for the John F. Kennedy Sidewalk Construction Project and that a public
hearing be set for December 17, 2007 to consider approval of the plans and specifications, form of
contract, and estimated cost. Upon motion the documents were received and filed and Resolution No.
576-07 Preliminary approval of plans, specifications, form of contract, and estimated cost for the John
F. Kennedy Sidewalk Construction Project; Resolution No. 577-07 Setting date of public hearing on
plans, specifications, form of contract, and estimated cost for the John F. Kennedy Sidewalk
Construction Project; Resolution No. 578-07 Ordering bids for the John F. Kennedy Sidewalk
Construction Project; Resolution No. 579-07 Resolutionf Necessity for the John F. Kennedy (JFK)
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Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial); and Resolution
No. 580-07 Fixing date of hearing on Resolution of Necessity were adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building.
RESOLUTION NO. 576-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE JOHN F. KENNEDY (JFK) SIDEWALK INSTALLATION PROJECT,
FROM ASBURY ROAD TO IOWA 32 (NORTHWEST ARTERIAL)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the John F.
Kennedy (JFK) Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial)
in the estimated amount $229,329.49, are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
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Passed, adopted and approved this 3 day of December, 2007.
Roy D. Buol, Mayor
10
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 577-07
FIXING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE JOHN F. KENNEDY (JFK) SIDEWALK INSTALLATION PROJECT,
FROM ASBURY ROAD TO IOWA HWY 32 (NORTHWEST ARTERIAL)
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the
proposed plans, specifications, form of contract, and estimated cost for the John F. Kennedy (JFK)
Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial) (the Project) and
ordered the same to be on file in the office of the City Clerk for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That a public hearing will be held on the 17th day of December, 2007, at 6:30 p.m. at the Historic
th
Federal Building, Council Chambers, 350 W. 6 Street, Dubuque, Iowa, at which time interested
persons may appear and be heard for or against the proposed plans and specifications, form of
contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the
attached notice of the time and place of such hearing to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor
more than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
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Passed, adopted and approved this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 578-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THEJOHN F. KENNEDY (JFK) SIDEWALK
INSTALLATION PROJECT, FROM ASBURY ROAD TO IOWA HWY 32 (NORTHWEST ARTERIAL)
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the John F. Kennedy (JFK) Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32
(Northwest Arterial) is hereby ordered to be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in
an amount which shall conform to the provisions of the Notice to Bidders hereby approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the improvements
herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty
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days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 10 day of
January, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to
the City Council for final action at 6:30 p.m. on the 21st day of January, 2008, in the Historic Federal
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Building, Council Chambers, 350 W. 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 579-07
RESOLUTION OF NECESSITY FOR THE JOHN F. KENNEDY (JFK) SIDEWALK INSTALLATION
PROJECT, FROM ASBURY ROAD TO IOWA HWY 32 (NORTHWEST ARTERIAL)
Whereas, the plat, schedule of assessments, and estimate of total cost for the John F. Kennedy
(JFK) Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial) have been
11
duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in
the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The John F. Kennedy (JFK) Sidewalk Installation Project, from Asbury Road to Iowa Hwy 32
(Northwest Arterial) will provide for installation of 4,974 lineal feet of sidewalk along John F. Kennedy
Road between Asbury Road and the Northwest Arterial (IA Hwy 32). Minor grading and retaining
walls will be included with this project to accommodate the installation of the sidewalks.
There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary
plat and schedule showing the amount proposed to be assessed to each lot for the improvement.
The date, time, and place the council will hear property owners subject to the assessment and
interested parties for or against the improvement, its cost, the assessment, or the boundaries of the
district:
That the City Council deems it advisable and necessary for the public welfare to make the herein
mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the resolution
of necessity, the property owner is deemed to have waived all objections pertaining to the regularity
of the proceeding and the legality of using the special assessment procedure.
Said improvements shall be constructed in accordance with the plans and specifications which
have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of
making such improvement will be assessed against property lying with the assessment limits.
The above resolution was introduced, approved and ordered placed on file with the City Clerk this
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3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 580-07
JOHN F. KENNEDY (JFK) ROAD SIDEWALK INSTALLATION PROJECT ASBURY ROAD TO
IOWA HWY 32 (NORTHWEST ARTERIAL) APPROVING THE PLAT, SCHEDULE OF
ASSESSMENTS AND ESTIMATE OF TOTAL COST AND SETTING DATE OF PUBLIC HEARING
ON RESOLUTION OF NECESSITY
Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
The attached plat, schedule of assessments, and estimate of total cost for the John F. Kennedy
(JFK) Road Sidewalk Installation Project, from Asbury Road to Iowa Highway 32 (Northwest Arterial)
and the proposed Resolution of Necessity are hereby approved and ordered placed on file in the
Office of the City Clerk.
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The City Council will meet on the 17 day of December, 2007, at 6:30 o’clock p.m. at the Historic
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Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time
the owners of property subject to assessment for the proposed improvement or any other person
having an interest in the matter may appear and be heard for or against the making of the
improvement, the boundaries of the district, the cost, the assessment against any lot, or the final
adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of hearing the
property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause the attached notice of the time
and place of such hearing to be published in a newspaper having general circulation in the City of
12
Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first
publication of which shall be not less than ten days prior to the day fixed for its consideration.
rd
Passed, approved and adopted this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bee Branch Floodwall Pumping Station Auxiliary Power Project: City Manager recommending
initiation of the public bidding process for the Bee Branch Floodwall Pumping Station Auxiliary Power
Project and that a public hearing be set for December 17, 2007 to consider approval of the plans and
specifications, form of contract and estimated cost. Upon motion the documents were received and
filed and Resolution No. 581-07 Preliminary approval of plans, specifications, form of contract, and
estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project; Resolution No.
582-07 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for
the Bee Branch Floodwall Pumping Station Auxiliary Power Project; and Resolution No. 583-07
Ordering bids for the Bee Branch Floodwall Pumping Station Auxiliary Power Project were adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the
Historic Federal Building.
RESOLUTION NO. 581-07
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE BEE BRANCH FLOODWALL PUMPING STATION AUXILIARY
POWER PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Bee Branch
Floodwall Pumping Station Auxiliary Power Project, in the estimated amount of $355,875.00, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
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Passed, adopted and approved this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 582-07
SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE BEE BRANCH FLOODWALL PUMPING STATION AUXILIARY
POWER PROJECT
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval to the
proposed plans, specifications, form of contract, and estimated cost for the Bee Branch Floodwall
Pumping Station Auxiliary Power Project and ordered the same to be on file in the office of the City
Clerk for public inspection.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
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That a public hearing will be held on the 17 day of December, 2007, at 6:30 p.m. in the Council
Chambers, second floor of the Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time
interested persons may appear and be heard for or against the proposed plans and specifications,
form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to
cause the attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than
four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested
13
person may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
rd
Passed, adopted and approved this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 583-07
ORDERING THE ADVERTISEMENT FOR BIDS FOR THE BEE BRANCH FLOODWALL PUMPING
STATION AUXILIARY POWER PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Bee Branch Floodwall Pumping Station Auxiliary Power Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in
an amount which shall conform to the provisions of the Notice to Bidders hereby approved.
That the City Clerk is hereby directed to advertise for bids for the construction of the improvements
herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be published more than twenty
rd
days but not more than forty-five days before the date for filing bids at 2:00 p.m. on the 3 day of
January, 2008. Bids shall be opened and read by the City Clerk at said time and will be submitted to
nd
the City Council for final action at the City Council meeting to be held at 6:30 p.m. on the 22 day of
January, 2008, in the Council Chambers, second floor of the Federal Building, 350 West 6th Street,
Dubuque, Iowa.
rd
Passed, adopted and approved this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACTION ITEMS
Northeast Iowa Community College: Communication from Penelope H. Wills, Ph.D., President of
Northeast Iowa Community College, requesting City Council adopt a Resolution of Support for NICC’s
ballot measure Ensuring the Future for Students and Communities. Motion by Michalski to receive
and file the documents and adopt Resolution No. 584-07 Resolution of Support for NICC’s ballot
measure, Ensuring the Future for Students and Communities. Seconded by Cline. Lynch said this is a
good thing and long overdue. Buol said he totally agreed with the measure and that it was needed for
the City and the region. Jones said it was too bad the measure didn’t pass the previous time.
Michalski said the City needs to be supportive and committed to the measure. Motion carried 7-0.
RESOLUTION 584-07
RESOLUTION OF SUPPORT FOR NORTHEAST IOWA COMMUNITY COLLEGE’S BALLOT
MEASURE, ENSURING THE FUTURE FOR STUDENTS AND COMMUNITIES
WHEREAS, Northeast Iowa Community College, in the counties of Allamakee, Bremer, Buchanan,
Chickasaw, Clayton, Delaware, Dubuque, Fayette, Howard, Jackson, Jones, Mitchell, and
Winneshiek will present to the public a ballot measure requesting authority to contract indebtedness
and issue school bonds in an amount not to exceed $35,000,000 to renovate, erect, and equip
buildings at multiple campus locations and other enrollment locations, including classroom,
laboratory, mechanical and shop upgrades, general facility rehabilitation and new building
construction for use by the Community College, and
WHEREAS, the above issue will be submitted to the registered voters of the Merged Area School
th
District on Tuesday, the 11 day of December, 2007.
14
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the
City endorses and supports Northeast Iowa Community College’s ballot measure Ensuring the Future
for Students and Communities.
rd
Passed, approved and adopted this 3 day of December, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Washington Neighborhood Vision: City Manager submitting the “Washington Neighborhood
Revitalize: Envisioning the Future for Dubuque’s Washington Neighborhood” report. Motion by Cline
to receive and file the documents. Seconded by Connors. David Boyd, MSN Representative,
reviewed the report with the City Council. Washington Neighborhood Association President Teresa
Caldwell presented the vision statement and plaque to the Mayor. Motion carried 7-0.
Citizen Petition: Communication from James R. Edwards, 390 Hill Street, requesting to address the
City Council to submit a petition regarding the intersection of Hill Street and West Third Street. Motion
by Cline to receive and file the documents and refer to the City Manager. Seconded by Lynch. James
Edwards read the petition. Cline said that it is a very busy, heavily traveled intersection and
suggested referring it to the City Manager and Engineering Department for review. Jones said that a
four-way stop might be a quick fix and that it should be properly corrected now. He also suggested
referring it to the City Manager and staff for review. Lynch concurred that it is a dangerous
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intersection and favored a complete study. Michalski concurred that Hill and 3 Streets is heavily
traveled. Motion carried 7-0.
HOME Application: City Manager recommending approval of a request from Michelle Mihalakis for
City support of an Iowa Department of Economic Development HOME Program funding application
for an 18-room single room occupancy project at 2160 Elm Street. Motion by Connors to receive and
file the documents and adopt Resolution No. 585-07 Supporting the application from Michelle
Mihalakis to the Iowa Department of Economic Development for HOME Investment Partnership
Program funds. Seconded by Cline. Connors thanked Mihalakis for her work. Motion carried 7-0.
RESOLUTION NO 585-07
SUPPORTING AN APPLICATION FROM MICHELLE MIHALAKIS TO THE IOWA DEPARTMENT
OF ECONOMIC DEVELOPMENT FOR HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM
FUNDS
Whereas, Michelle Mihalakis has prepared an application to IDED for HOME Program funds to
assist in construction of single room occupancy housing for lower-income women, to be named Salvia
House; and
Whereas, this housing and the associated supported services intended to be provided by the
applicant are needed to assist this population.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City is supportive of the application from Michelle Mihalakis for HOME Program
assistance from the Iowa Department of Economic Development.
rd
Passed, approved and adopted this 3 day of December, 2007.
Roy D Buol, Mayor
Attest: Jeanne F Schneider, CMC, City Clerk
2160 Elm Street – Request to Rezone (First Reading on November 19, 2007): Motion by Connors
to receive and file the documents and that the requirement that a proposed ordinance be considered
15
and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 60-07 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. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 60-07
AN 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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter-described property from R-2A Alternate Two-Family
Residential District to OR Office Residential District to wit: Lot 1-2-1-12, Lot 2-2-1-12, Kniest’s
Subdivision, Lot 1-1-N 1/3 – 99 L.H. Langworthy, Lot 1-1 of Elm Street Subdivision, and to the north
80 feet of Burton W. Boyes Place, and to the centerline of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 3 day of December, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 8 day of December, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
Residential Parking Permit District (First Reading on November 19, 2007): 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. Motion carried 7-0
Motion by Jones for final consideration and passage of Ordinance No. 61-07 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. Seconded by Braig. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 61-07
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 32-321.733 RE-ESTABLISHING RESIDENTIAL PARKING PERMIT DISTRICT A
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
16
Section 1. That Subsection (a) of Section 32-321.733 of the Code of Ordinances of the City of
Dubuque, Iowa, relating to Residential Parking Permit District A is hereby repealed and the following
new Subsection (a) of Section 32-321.733 adopted in lieu thereof: Section 32-321.733.
(a) The following described area constitutes a residential parking permit district designated
as Residential Parking Permit District A: Grace Street, from Ida Street to a point two hundred
seventy feet (270’) east of McCormick Street.
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Passed, approved and adopted this 3 day of December, 2007.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 8 day of December, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
Human Relations Ordinance (First Reading on November 19, 2007): 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. 62-07 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 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 62-07
AMENDING 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 EDUCATIONAL 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 SECTION 27-72
EXEMPTIONS FROM DIVISION CLARIFYING THE TERM “BONA FIDE RELIGIOUS
INSTITUTION”; AMENDING SECTION 27-91 PROHIBITED PRACTICES; EXCEPTION RELATING
17
TO UNFAIR OR DISCRIMINATORY PRACTICES IN CERTAIN CONSUMER CREDIT
TRANSACTIONS BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY; AMENDING 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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. City of Dubuque Code of Ordinances Chapter 27 Human Relations is hereby amended
to read as follows:
Sec. 27-1. Definitions:
When used in this chapter, the following terms shall have the meanings ascribed herein unless the
context otherwise requires:
Commission: The Dubuque human rights commission created by article II of this chapter.
Court: The Iowa district court in and for Dubuque County.
Covered Entity: An employer, employment agency, labor organization, or joint labor management
committee.
Direct Threat: A significant risk to the health or safety of others that cannot be eliminated by
reasonable accommodation.
Disability: With respect to a person:
(1) A physical or mental impairment which substantially limits one or more of such person's
major life activities, and the condition of a person with a positive human immunodeficiency virus
test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune
deficiency syndrome related complex, or any other condition related to acquired immune
deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency
virus test result in the meaning of "disability" under the provisions of this chapter does not
preclude the application of the provisions of this chapter to conditions resulting from other
contagious or infectious diseases;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment, but such term does not include current,
illegal use of or addiction to a controlled substance as defined in section 102 of the controlled
substances act (21 USC 802) or chapter 204 of the Iowa Code.
Drug: A controlled substance, as defined in schedules I through V of section 202 of the controlled
substances act.
Employee: An individual employed by an employer.
Employer: The state or any political subdivision, board, commission, department, institution, or
school district thereof, and every other person employing employees within the state.
Employment Agency: Any person undertaking to procure employees or opportunities to work for
any other person or any person holding such person or itself to be equipped to do so.
Familial Status: One or more individuals (who have not attained the age of 18 years) being
domiciled with:
18
(1) A parent or other person having legal custody of such individual or individuals;
(2) The designee of such parent or other person having such custody, with the written
permission of such parent or other person; or
(3) The protections afforded against discrimination on the basis of familial status shall apply to
any person who is pregnant or is in the process of securing legal custody of any individual who
has not attained the age of eighteen (18) years.
Gender Identity: A gender related identity of a person, regardless of the person’s assigned sex at
birth.
Labor Organization: Any organization which exists for the purpose in whole or in part of collective
bargaining, of dealing with employees concerning grievances, terms or conditions of employment, or
of other mutual aid or protection in connection with employment.
Person: An individual, partnership, association, corporation, legal representative, trustees,
receiver, any other legal entity and the state and all political subdivisions and agencies thereof.
Public Accommodation: Each and every place, establishment, or facility of whatever kind, nature,
or class that caters or offers services, facilities, or goods for a fee or charge to nonmembers of any
organization or association utilizing the place, establishment, or facility; provided, that any place,
establishment, or facility that caters or offers services, facilities, or goods to the nonmembers
gratuitously shall be deemed a public accommodation if the accommodation receives any
governmental support or subsidy. "Public accommodation" shall not mean any bona fide private club
or other place, establishment, or facility which is by its nature distinctly private, except when such
distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the
nonmembers for a fee or charge or gratuitously, it shall be deemed a public accommodation during
such period.
"Public accommodation" includes each state and local government unit or tax supported district of
whatever kind, nature, or class that offers services, facilities, benefits, grants or goods to the public,
gratuitously or otherwise. This paragraph shall not be construed by negative implication or otherwise
to restrict any part or portion of the preexisting definition of the term "public accommodation"
(contained in the definition above).
Readily Achievable: Easily accomplishable and able to be carried out without much difficulty or
expense. In determining whether an action is readily achievable, factors to be considered include:
(1) The nature and cost of the action needed under this chapter.
(2) The overall financial resources of the facility or facilities involved in the action; the number of
persons employed at such facility; the effect on expenses and resources, or the impact otherwise
of such action upon the operation of the facility;
(3) The overall financial resources of the covered entity; the overall size of the business of a
covered entity with respect to the number of its employees; the number, type, and location of its
facilities; and
(4) The type of operation or operations of the covered entity, including the composition,
structure, and functions of the work force of such entity; the geographic separateness,
administrative or fiscal relationship of the facility or facilities in question to the covered entity.
Reasonable Accommodation: May include:
(1) Making existing facilities used by employees readily accessible to and usable by individuals
with disabilities; and
(2) Job restructuring, part time or modified work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices, appropriate adjustment or modifications of
examinations, training materials or policies, the provision of qualified readers or interpreters, and
other similar accommodations for individuals with disabilities.
Sexual Orientation: a person’s actual, history of, or perceived heterosexuality, homosexuality, or
bisexuality, but not including participation in conduct that is prohibited by law.
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Undue Hardship: An action requiring significant difficulty or expense. In determining whether an
accommodation would impose an undue hardship on a covered entity, factors to be considered
include:
(1) The nature and cost of the accommodation needed under this chapter;
(2) The overall financial resources of the facility or facilities involved in the provision of the
reasonable accommodation; the number of persons employed at such facility; the effect on
expenses and resources, or the impact otherwise of such accommodation upon the operation of
the facility;
(3) The overall financial resources of the covered entity; the overall size of the business of a
covered entity with respect to the number of its employees; the number, type, and location of its
facilities; and
(4) The type of operation or operations of the covered entity, including the composition,
structure, and functions of the work force of such entity; the geographic separateness,
administrative, or fiscal relationship of the facility or facilities in question to the covered entity.
Unfair Practice or Discriminatory Practice: Those practices specified as unfair or discriminatory in
articles IV and VI of this chapter.
Sec. 27-51. Aiding or Abetting:
It shall be an unfair or discriminatory practice for:
(1) Any person to intentionally aid, abet, compel or coerce another person to engage in any of
the practices declared unfair or discriminatory by this chapter.
(2) Any person to discriminate against another person in any of the rights protected against
discrimination on the basis of race, creed, color, sex, national origin, familial status, religion, age,
disability, marital status, sexual orientation or gender identity by this Article because such person
has lawfully opposed any practice forbidden under this Article, obeys the provisions of this Article,
or has filed a complaint, testified or assisted in any proceeding under this Chapter.
(3) Any person to discriminate against another person because of the person's relationship or
association with a person protected under this chapter.
Sec. 27-61. Prohibited Practices:
It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor,
manager, or superintendent of any public accommodation or any agent or employee thereof:
(1) To refuse or deny to any person because of race, creed, color, sex, age, national origin,
religion, sexual orientation or gender identity the accommodations, advantages, facilities, services,
or privileges thereof, or otherwise to discriminate against any person because of race, creed,
color, sex, age, national origin, religion, or sexual orientation in the furnishing of such
accommodations, advantages/facilities, services or privileges.
(2) To directly or indirectly advertise or in any other manner indicate or publicize that the
patronage of persons of any particular race, creed, color, sex, age, national origin, religion, sexual
orientation or gender identity is unwelcome, objectionable, not acceptable, or not solicited.
Sec. 27-71. Prohibited Practices:
It shall be an unfair or discriminatory practice for any:
(1) Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any
employee, or to otherwise discriminate in employment against any applicant for employment or
any employee because of the race, creed, color, sex, age, national origin, religion, sexual
orientation or gender identity of such applicant or employee, unless based upon the nature of the
occupation.
(2) Labor organizations or the employees, agents, or members thereof to refuse to admit to
membership any applicant, to expel any member, or to otherwise discriminate against any
applicant for membership or any member in the privileges, rights, or benefits of such membership
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because of the race, creed, color, sex, age, national origin, religion, sexual orientation or gender
identity of such applicant or member.
(3) Employer, employment agency, labor organization, or the employees, agents, or members
thereof, to directly or indirectly advertise or in any other manner indicate or publicize that
individuals of any particular race, creed, color, sex, age, national origin, religion, sexual orientation
or gender identity are unwelcome, objectionable, not acceptable, or not solicited for employment
or membership, unless based upon the nature of the occupation.
Sec. 27-72. Exemptions From Division:
The prohibition by this division of discrimination based on sexual orientation shall not apply to any
bona fide religious institution with respect to any qualifications for employment by such institution.
This division shall not apply to:
(1) Any employer who regularly employs less than four (4) individuals. For purposes of this
subsection, the owners, owner(s)' spouses and children shall not be counted as employees.
(2) The employment of individuals for work within the home of the employer if the employer or
members of the employer's family reside therein during such employment.
(3) The employment of individuals to render personal service to the person of the employer or
members of the employer's family.
(4) Any bona fide religious institution or its educational association, corporation or society with
respect to any qualifications for employment based on religion when such qualifications are
related to a bona fide religious purpose. A religious qualification for instructional personnel or
administrative officer, serving in a supervisory capacity of a bona fide religious educational facility
or religious institution shall be presumed to be a bona fide occupational qualification
(5) Discrimination on the basis of age if the person subject to the discrimination is under the
age of eighteen (18) years, unless that person is considered by law to be an adult.
(6) A state or federal program designed to benefit a specific age classification which serves a
bona fide public purpose.
Sec. 27-91. Prohibited Practices; Exception:
It shall be an unfair or discriminatory practice for any:
(1) Creditor to refuse to enter into a consumer credit transaction or impose finance charges or
other terms or conditions more onerous than those regularly extended by that creditor to
consumers of similar economic backgrounds and current situations because of age, color, creed,
national origin, race, religion, marital status, sex, physical disability, sexual orientation or gender
identity.
(2) Person authorized or licensed to do business in this State pursuant to chapters 524, 533,
534, 536 or 536A of the Code of Iowa to refuse to loan or extend to persons of similar economic
backgrounds because of age, color, creed, national origin, race, religion, marital status, sex,
physical disability, sexual orientation or gender identity.
(3) Creditor to refuse to offer credit life or health and accident insurance because of color,
creed, national origin, race, religion, marital status, age, physical disability, sex, sexual orientation
or gender identity. Refusal by a creditor to offer credit life or health and accident insurance based
upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice
if such denial is based solely upon bona fide underwriting considerations not prohibited by the
State Code of Iowa or United States Code.
Sec. 27-101. Prohibited Practices; Exceptions:
It is an unfair or discriminatory practice for any educational institution to discriminate on the basis
of race, creed, color, sex, national origin, religion, disability, sexual orientation or gender identity in
any program or activity. Such discriminatory practices shall include, but not be limited to, the following
practices:
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(1) Exclusion of a person or persons from participation in, denial of the benefits of, or subject to
discrimination in any academic, extracurricular, research, occupational training, or other program
or activity except athletic programs;
(2) Denial of comparable opportunity in intramural and interscholastic athletic programs;
(3) Discrimination among persons in employment and the conditions of employment;
(4) On the basis of sex, the application of any rule concerning the actual or potential parental,
family or marital status of a person, or the exclusion of any person from any program or activity or
employment because of pregnancy or related conditions dependent upon the physician's
diagnosis and certification.
For the purpose of this section, “educational institution” includes any preschool, elementary,
secondary, or community college, area education agency, or postsecondary college or university and
their governing boards. This section does not prohibit an educational institution from maintaining
separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable
facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious
institution from imposing qualifications based on religion when such qualifications are related to a
bona fide religious purpose or any institution from admitting students of only one sex.
Sec. 27-131. Prohibitions.
It shall be unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the
sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of
race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation or
gender identity.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of
a dwelling, or in the provisions of services or facilities in connection therewith, because of race,
color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation or
gender identity.
(3) To make, print or publish, or cause to be made, printed or published any notice, statement
or advertisement, with respect to the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination based on race, color, religion, sex, familial status, national origin,
creed, age or disability, sexual orientation, or gender identity or an intent to make any such
preference, limitation or discrimination.
(4) To represent to any person because of race, color, religion, sex, familial status, national
origin, creed, age, disability, sexual orientation or gender identity that any dwelling is not available
for inspection, sale or rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood of a person or
disabled persons of a particular race, color, religion, sex, familial status, national origin, creed,
age, disability, sexual orientation or gender identity.
Sec. 27-132. Exemptions:
(a) Nothing in Section 27-131 of this Article other than Subsection 27-131(3) shall apply to:
(1) Any single-family house sold or rented by an owner provided that:
a. The private individual owner does not own more than three (3) such single-family houses
at any one time; and
b. In the sale of any single-family house, the private individual owner does not reside in, nor
is the most recent resident of such house prior to such sale; the exemption granted by this
subsection shall apply to only one such sale within a 24-month period; and
c. The bona fide private individual owner does not own any interest in, nor is there owned or
reserved on the owner's behalf, under express of voluntary agreement, title to, or any right to all
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or a portion of the proceeds from the sale or rental of more than three (3) such single-family
houses at one time; and
d. There is no utilization in any manner of the sales or rental facilities or the sales or rental
services of any real estate broker, agent, salesperson, or of such facilities or services of any
person in the business of selling or renting dwellings, or of any employee or agent of any such
broker, agent, salesperson or person; and
e. There is no publication, posting or mailing, after notice, of any advertisement or written
notice in violation of Section 27-131(3) of this Article. Nothing in this subsection prohibits the
utilization of attorneys, escrow agents, abstractors, title companies, and other such professional
assistance as necessary to perfect or transfer the title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied
by no more than four (4) families living independently of each other, if the owner actually
maintains and occupies one of such living quarters of his residence.
(b) For the purposes of subsection (a) of this Section, a person shall be deemed to be in the
business of selling or renting dwellings if:
(1) The person has, within the preceding twelve (12) months, participated as principal in three
(3) or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2) The person has, within the preceding twelve (12) months, participated as agent, other than
in the sale of the person's own personal residence in providing sales or rental facilities or sales or
rental services in two (2) or more transactions involving the sale or rental of any dwelling or any
interest therein; or
(3) The person is the owner of any dwelling designed or intended for occupancy by, or
occupied by, five (5) or more families.
(c) Nothing in this article shall prohibit a religious organization, association, or society or any
nonprofit institution or organization operated, supervised or controlled by or in conjunction with a
religious organization, association or society, from limiting the sale, rental or occupancy of dwellings
which it owns or operates for other than a commercial purpose to persons of the same religion, or
from giving preference to such persons, unless membership in such religion is restricted on account
of race, color, sex, familial status, national origin, creed, age, disability, sexual orientation or gender
identity. Nor shall anything in this article prohibit a private club not in fact open to the public, which as
an incident to its primary purpose or purposes provides lodging which it owns or operates for other
occupancy of such lodging to its members or from giving preference to its members.
(d) (1) Nothing in this Article limits the applicability of Chapter 26 regarding the maximum
number of occupants permitted to occupy a dwelling. Nor does any provision in this Article
regarding familial status or age apply with respect to housing for older persons.
(2) As used in this Section "housing for older persons" means housing:
a. Provided under any State or Federal program that the secretary determines is specifically
designed and operated to assist elderly persons (as defined in the State or Federal program); or
b. Intended for, and solely occupied by, persons sixty two (62) years of age or older; or
c. Intended and operated for occupancy by at least one person fifty five (55) years of age or
older per unit. In determining whether housing qualifies as housing for older persons under this
subsection, the Commission shall develop regulations which require at least the following
factors:
1. That at least eighty percent (80%) of the units are occupied by at least one person fifty
five (55) years of age or older per unit; and
2. The publication of, and adherence to, policies and procedures which demonstrate an
intent by the owner or manager to provide housing for persons fifty five (55) years of age or
older.
(3) Housing shall not fail to meet the requirements for housing for older persons by reason of:
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a. Persons residing in such housing as of the date of enactment of this Article who do not
meet the age requirements of subsection (d)(2)b or (d)(2)c of this Section; provided, that new
occupants of such housing meet the age requirements of subsection (d)(2)b or (d)(2)c of this
Section.
b. Unoccupied units; provided, that such units are reserved for occupancy by person who
meets the age requirements of subsection (d)(2)b or (d)(2)c of this Section.
(4) Nothing in this Article prohibits conduct against a person because such person has been
convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a
controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)
or chapter 204 of the Iowa Code.
Sec. 27-133. Discrimination In Residential Real Estate-Related Transactions:
(a) In general. It shall be unlawful for any person or other entity whose business includes engaging
in residential real estate-related transactions to discriminate against any person in making available
such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion,
sex, familial status, national origin, creed, age, disability, sexual orientation or gender identity.
(b) Definition: As used in this Section, the term "residential real estate-related transaction"
means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
a. For purchasing, constructing, improving, repairing or maintaining a dwelling; or
b. Secured by residential real estate.
(2) The selling, brokering or appraising of residential real property.
(c) Appraisal exemption. Nothing in this article prohibits a person engaged in the business of
furnishing appraisals of real property to take into consideration factors other than race, color, religion,
sex, familial status, national origin, creed, age, disability or sexual orientation.
Sec. 27-134. Discrimination in provision of brokerage services.
It shall be unlawful to deny to any person access to or membership or participation in any multiple
listing services, real estate brokers’ organization or other service, organization or facility relating to
the business of selling or renting dwellings, or to discriminate against such person in the terms or
conditions of such access, membership or participation, on account of race, color, religion, sex,
familial status, national origin, creed, age, disability, sexual orientation or gender identity.
Sec. 27-145. Violations; Bodily Injury; Death; Penalties:
Whoever whether or not acting under color of law, by force or threat of force willfully injures,
intimidates or interferes with, or attempts to injure, intimidate or interfere with:
(1) Any person because of such person’s race, color, religion, sex, familial status, national
origin, creed, age, disability, sexual orientation or gender identity and because such person is or
has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the
sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in
any service, organization or facility relating to the business of selling or renting dwellings; or
(2) Any person because such person is or has been, or in order to intimidate such person or
any other person or any class of persons from:
(a) participating, without discrimination on account of race, color, religion, sex, familial
status, national origin, creed, age, disability, sexual orientation or gender identity in the
activities, services, organizations or facilities described in subsection (a) of this Section; or
(b) Affording another person or class of persons opportunity or protection so to participate;
or
(3) Any citizen because such person is or has been, or in order to discourage such citizen or
any other citizen from lawfully aiding or encouraging other persons to participate, without
discrimination on account of race, color, religion, sex, familial status, national origin, creed, age,
disability, sexual orientation or gender identity in any of the activities, services, organizations or
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facilities described in subsection (a) of this Section, or participating lawfully in speech or peaceful
assembly opposing any denial of the opportunity to so participate shall be referred to the County
Attorney’s office for prosecution.
Section 2. This Ordinance shall take effect upon publication.
rd
Passed, approved and adopted this 3 day of December, 2007.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 8 day of December, 2007.
/s/Jeanne F. Schneider, CMC, City Clerk
Dubuque Community Ice and Recreation Center, Inc.: City Manager recommending financial
assistance for the Dubuque Community Ice and Recreation Center, Inc., to help leverage state
funding. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. Cline
said that she was glad to support it. Braig said it was a great addition to the City. Motion carried 7-0.
There being no further business, upon motion the Council adjourned at 7:31 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
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