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The Dubuque City Coun-
cil 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 pur-
pose of discussing such
matters which may proper-
ly come before the Coun-
cil.
Present: Mayor Buol,
Council Members Braig,
Cline, Connors, Jones,
Lynch, Michalski, City
.Manager Van Milligan; City
Attorney Lindahl
Invocation was provided
by Elder Robert Tyler of
Arbor Oaks Bible Chapel.
CONSENT ITEMS
Motion by Cline to re-
ceive and file the docu-
ments and dispose of as
indicated. Seconded by
Connors. Fred Frommelt,
625 Gillespie Street, re-
quested (#12) Acquisition
of Property by Eminent
Domain be held for sepa-
rate discussion. Connors
requested that (#9) Gov-
ernment Finance officers
Association and (#14) Du-
buque Southgate Invest-
ments Ltd. be held for
separate discussion.
Michalski requested (#10)
U.S. Department of Hous
ing and Urban Develop
ment be held for separat
discussion. Motion carried
7-0.
Minutes and Report
Submitted: Airport om
mission of 8/27; C'
Council of 11/19; Park an
Recreation Commission
11/13; Transit Board
9/13
Proof of publication
City Council Proceeding
of November 5, 200
Upon motion the doc
ments were received an
filed.
Notice of Claims/Suit
Allied Insurance for wron
fur death claim of Laur
Schmidt; Brady 8 O'She
P.C. for personal inju
claim of Dorothy Herro
Hope McDermott for
sonar injury; Jill Jellison f
vehicle damage. Upon m
lion the documents we
received and filed and r
fanned to the City'Attorne
City Attorney advisi
that the following clai
have been referred to Pu
lic Entity Risk Services
Iowa, the agent for the
wa Communities Ass
ance Pool: Ho
McDermott for personal
jury; Allied Insurance
wrongful death; Doro
Herron for personal inju
~ City Attorney reco
mending settlement of
i claim of Kurt Bec er
, ~^ ^~a~1,r damage an
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80UEUIp10 paS(xiad E lEy3
r awaJmbaJ aye 3Ey3 Pue
ments Project as complet- ec
ed by McClain Excavating tc
Company, Inc. in the final tt
contract amount of c
$178,150.63. Upon motion li
the documents were re- a
ceived and filed and Reso- P
lution No. 566-07 Accept- F
ing the U.S. 52 Storm C
Sewer Improvements Proj- v
act and authorizing pay-
ment of the contract c
amount to the contractor f
was adopted.
City Hall Parking Lot '
Construction Project: City I
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 docu-
ments were received and
filed and Resolution No.
567-07 Accepting the City
Hall Parking Lot Construc-
tion Project and authoriz-
ing payment to the con-
tractor and Resolution No.
568-07 Approving the final
assessment schedule for
the City Hall Parking Lot
Reconstruction Project
were adopted.
Villa Street Retaining Wall
- Ornamental Railing Proj-
ect: City Manager recom-
mending acceptance of
_ the Villa Street Retaining
Wall -Ornamental Railing
e Project as completed by
Becker 8 Sons Stone Co.,
Inc. in the final contract
s amount of $94,861.15.
Upon motion the docu-
ments were received and
d filed and Resolution No.
of 569-07 Accepting the Villa
of Street Retaining Wall - Or-
namental Railing Project
and authorizing payment
of to the contractor was
s adopted.
7' Request for Proposals
u (RFP) -East -West Corri-
d don Connectivity Study:
s: City Manager recommend-
ing approval of the issu~
en ance of a Request for Pro•
a posses (RFP) for engineer
ing services required tc
complete the East -Wes
Corridor Connectivity
pef- Study. Upon motion the
or documents were receivec
°- filed, and approved.
re_ Iowa Department c
e Transportation Final Traffi
y' Control System ImprovE
ms ments Agreement: Cif
b_ Manager recommendin
of aPProval of the Iowa D~
lo- Partment of Transportatic
(IDOT) Final Traffic Contr
ur- System Improvemen
Pe Agreement. Upon motic
for the documents were r
ceived and filed and Res
thy lution No. 570-07 Apprc
ry ing the Iowa Department
m- Transportation AgreemE
the for Primary Highway li
for provements Project N
I by Wendell Corey, Mo- t
r City, LLC. Upon motion I'
e documents were re- r
jived and filed and Reso-
tion No. 571-07 Re-
~proving the final plat of
sbury Plaza Business
ark First Addition in the
ity of Dubuque, Iowa,
ras adopted.
Government Finance Offi-
ers Association: Commu-
~ication from the Govern-
nent Finance Officers As-
~ociation advising that
3udget Director Jennifer
d. Larson has been pre-
•ented the Distinguished
3udget Presentation
4ward. Motion by Connors
[o receive and file the
Documents. Seconded by
Braig. Connors commend-
ed Budget Officer Jennifer
Larson for her good work.
Motion carried 7-0.
U.S. Department of
Housing and Urban Devel-
opment: Communication
from the U.S. Department
of Housing and Urban De-
velopment (HUD) advising
that the consolidated end-
of-year review for program
year 2006 was satisfactory
and congratulating the City
of Dubuque on its accom-
plishments. Motion by
Michalski to receive and
fife the docu Brais
Seconded by 9•
Michalski reiterated the
statistics provided by HUD
that show the great num-
ber of people served by
the Housing and Commun-
ity Development Depart-,
ment and commended',
staff for their work. Motions
carried 7-0.
Abstract of Votes: Sub-
mittal of the Abstract of
Votes for the City Council
Election held on the 6th
day of November, 2007.
Upon motion the docu
ments were received and
filed.
Acquisition of Property b
Eminent Domain: Ci
Manager recommendin
approval of the cum
mencement of eminent d
main proceedings for a
~ quisition of the property a
625 Gillespie Street for tfM
32nd Street Detention ea
' sin Project Station. Motia
f by Cline to receive and fie
the documents and ado;
Resolution No. 572-07 Ai
y thorizing the commence
g ment of eminent doma~
- proceedings for the a
•n quisition owned bathe e
~I property Y
!s fate of Arthur P. Fromn>t
,n in the City of Dubuque, li
wa for the 32nd Street D
~- tention Basin Project St
v- lion. Seconded Connor
of Fred Frommelt, 6
nt Gillespie, spoke ionso~p ea
n- lion to the prop
~. ,Went domain proceedin
fic i and stated the roa has
CITY OF DUBUQbE,
IOVma
CITY COUNCIL
PROCEEDINGS
The Dubuque City Coun-
cil 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 pur-
pose of discussing such
matters which may proper-
ly come before the Coun-
cil.
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 re-
ceive and file the docu-
ments and dispose of as
indicated. Seconded by
Connors. Fred Frommelt,
625 Gillespie Street, re-
quested (#12) Acquisition
of Property by Eminent
Domain be held for sepa-
rate discussion. Connors
requested that (#9) Gov-
ernment Finance Officers
Association and (#14) Du-
buque Southgate Invest-
ments Ltd. be held for
separate discussion.
Michalski requested (#10)
U.S. Department of Hous-
ing and Urban Develop-
ment be held for separate
discussion. Motion carried
7-0.
Minutes and Reports
Submitted: Airport Com-
mission 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 docu-
ments were received and
filed.
Notice of Claims/Suits:
Allied Insurance for wrong-
ful death claim of Lauren
Schmidt; Brady & O'Shea,
P.C. for personal injury
claim of Dorothy Herron;
Hope McDermott for per-
sonal injury; Jill Jellison for
vehicle damage. Upon mo-
tion the documents were
received and filed and re-
ferred to the City'Attorney.
City Attorney advising
that the following claims
have been referred to Pub-
lic Entity Risk Services of
Iowa, the agent for the Io-
wa Communities Assur-
ance Pool: Hope
McDermott for personal in-
jury; Allied Insurance for
wrongful death; Dorothy
Herron for personal injury
City Attorney recom-
mending settlement of the
claim of Kurt Becker for
property damage and di-
recting the Finance De-
partment t i sue pay-
ment �p0Y'n the
documents were received
and filed, and concurred.
U.S. 52 Storm Sewer Im-
provements Project: City
Manager recommending
acceptance of the U.S. 52
Storm Sewer Improve-
ments Project as complet-
ed by McClain Excavating
Company, Inc. in the final
contract amount of
$178,150.63. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 566-07 Accept-
ing the U.S. 52 Storm
Sewer Improvements Proj-
ect and authorizing pay-
ment of the contract
amount to the contractor
was adopted.
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 docu-
ments were received and
filed and Resolution No.
567-07 Accepting the City
Hall Parking Lot Construc-
tion Project and authoriz-
ing payment to the con-
tractor and Resolution No.
568-07 Approving the final
assessment schedule for
the City Hall Parking Lot
Reconstruction Project
were adopted.
Villa Street Retaining Wall
- Ornamental Railing Proj-
ect: City Manager recom-
mending 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 docu-
ments were received and
filed and Resolution No.
569-07 Accepting the Villa
Street Retaining Wall - Or-
namental Railing Project
and authorizing payment
to the contractor was
adopted.
Request for Proposals
(RFP) - East - West Corri-
dor Connectivity Study:
City Manager recommend-
ing approval of the issu-
ance of a Request for Pro-
posals (RFP) for engineer-
ing 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 Improve-
ments Agreement: City
Manager recommending
approval of the Iowa De-
partment of Transportation
(IDOT) Final Traffic Control
System Improvements
Agreement. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 570-07 Approv-
ing the Iowa Department of
Transportation Agreement
for Primary Highway Im-
provements Project No.
2008-16-019 Final Traffic
Control System Improve-
ments was adopted.
Final Plat - Asbury Plaza
Business Park: City Man-
ager recommending ap-
proval of a 180 day exten-
sion and re -approval of the
final plat of Asbury Plaza
Business Park as request-
ed by Wendell Corey, Mo-
tor City, LLC. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 571-07 Re -
approving the final plat of
Asbury Plaza Business
Park First Addition in the
City of Dubuque, Iowa,
was adopted.
Government Finance Offi-
cers Association: Commu-
nication from the Govern-
ment Finance Officers As-
sociation advising that
Budget Director Jennifer
M. Larson has been pre-
sented the Distinguished
Budget Presentation
Award. Motion by Connors
to receive and file the
documents. Seconded by
Braig. Connors commend-
ed Budget Officer Jennifer
Larson for her good work.
Motion carried 7-0.
U.S. Department of
Housing and Urban Devel-
opment: Communication
from the U.S. Department
of Housing and Urban De-
velopment (HUD) advising
that the consolidated end -
of -year review for program
year 2006 was satisfactory
and congratulating the City
of Dubuque on its accom-
plishments. Motion by
Michalski to receive and
file the documents.
Seconded by Braig.
Michalski reiterated the
statistics provided by HUD
that show the great num-
ber of people served by
the Housing and Commun-
ity Development Depart-
ment and commended
staff for their work. Motion
carried 7-0.
Abstract of Votes: Sub-
mittal of the Abstract of
Votes for the City Council
Election held on the 6th
day of November, 2007.
Upon motion the docu-
ments were received and
filed.
Acquisition of Property by
Eminent Domain: City
Manager recommending
approval of the com-
mencement of eminent do-
main proceedings for ac-
quisition of the property at
625 Gillespie Street for the
32nd Street Detention Ba-
sin Project Station. Motion
by Cline to receive and file
the documents and adopt
Resolution No. 572-07 Au-
thorizing the commence-
ment of eminent domain
proceedings for the ac-
quisition of certain real
property owned by the es-
tate of Arthur P. Frommelt
in the City of Dubuque, Io-
wa for the 32nd Street De-
tention Basin Project Sta-
tion. Seconded Connors.
Fred Frommelt, 625
Gillespie, spoke in opposi-
tion to the proposed emi-
nent domain proceedings
and stated the road has al-
ways been over the reser-
voir. He suggested slowing
the project's momentum,
leave the house, and cre-
ate the planned silt pond,
and then see what
evolves. He was in favor of
taking more time to look at
Pe project and lowering
the road to prevent demo-
lition of the house. Cline
requested the City Manag-
er read the staff memo.
Motion carried 7-0.
Interstate Power Trans-
mission Assets: City Man-
ager recommending ap-
proval of the partial as-
signment by Interstate
Power & Light Company to
ITC Midwest LLC, a Michi-
gan limited liability compa-
ny, of its rights, liabilities
and obligations related to
certain transmission as-
sets under the City of Du-
buque Electric Franchise.
Upon motion the docu-
ments were received, filed,
and approved.
Dubuque Southgate In-
vestments Ltd.: Communi-
cation from Daniel J.
Mueller regarding the de-
velopment of Dubuque
Southgate's property and
the previous request for
acceptance of the streets.
Motion by Connors to re-
ceive and filed the docu-
ments and refer to the City
Manager. Seconded ' by
Lynch. Connors requested
that the City Manager re-
port back to Council. Mo-
tion carried 7-0.
State Historic Preserva-
tion Office - Preserve
America Grant Application:
City Manager recommend-
ing approval of a Letter of
Support for the State His-
toric 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 sub-
mitted. 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
g
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 En-
graved Gift Collection were
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Cline to re-
ceive and file the docu-
ments, set the public hear-
ings as indicated, and di-
rect the City Clerk to pub-
lish notice as prescribed
by law. Seconded by
Connors. Motion carried 7-
0.
Traut Terrace Vacate Pe-
tition: City Manager rec-
ommending that a public
hearing be set for Decem-
ber 17, 2007 to consider a
request from Greg
Laufenberg for vacating
and sale of a portion of
Traut Terrace south of Di-
agonal Street. Upon mo-
tion the documents were
received and filed and
Resolution No. 575-07
Resolution of Intent to va-
cate 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 meeting to commence at
6:30 p.m. on December
17, 2007, in the Historic
Federal Building.
John F. Kennedy Side-
walk Construction Project:
City Manager recommend-
ing 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 esti-
mated cost. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 576-07 Prelimi-
nary approval of plans,
specifications, form of
contract, and estimated
cost for the John F. Ken-
nedy Sidewalk Construc-
tion Project; Resolution
No. 577-07 Setting date of
public hearing on plans,
specifications, form of
contract, and estimated
cost for the John F. Ken-
nedy Sidewalk Construc-
tion Project; Resolution
No. 578-07 Ordering bids
for the John F. Kennedy
Sidewalk Construction
Project; Resolution No.
579-07 Resolution of Ne-
cessity for the John F.
Kennedy (JFK) 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 meet-
ing to commence at 6:30
p.m. on December 17,
2007, in the Historic Fed-
eral Building.
Bee Branch Floodwall
Pumping Station Auxiliary
Power Project: City Man-
ager recommending initia-
tion of the public bidding
process for the 'Bee
Branch Floodwall Pumping
Station Auxiliary Power
Project and that a public
hearing be set for Decem-
ber 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 ap-
proval of plans, specifica-
tions, form of contract, and
estimated cost for the Bee
Branch Floodwall Pumping
Station Auxiliary Power
1000 SERIES
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 set-
ting a public hearing for a
meeting to commence at
6:30 p.m. on December
17, 2007, in the Historic
Federal Building.
ACTION ITEMS
Northeast Iowa Commun-
ity College: Communica-
tion from Penelope H.
Wills, Ph.D., President of
Northeast Iowa Communi-
ty College, requesting City
Council adopt a Resolution
of Support for NICC'S bal-
lot 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 Communi-
ties. 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 meas-
ure didn't pass the previ-
ous time. Michalski said
the City needs to be sup-
portive and committed to
the measure. Motion car-
ried 7-0.
Washington Neighbor-
hood Vision: City Manager
submitting the "Washing-
ton Neighborhood Revital-
ize: Envisioning the Future
for Dubuque's Washington
Neighborhood" report.
Motion by Cline to receive
and file the documents.
Seconded by Connors.
David Boyd, MSN Repre-
sentative, reviewed the re-
port with the City Council.
Washington Neighborhood
Association President
Teresa Caldwell presented
the vision statement and
plaque to the Mayor. Mo-
tion carried 7-0.
Citizen Petition: Commu-
nication from James R.
Edwards, 390 Hill Street,
requesting to address the
City Council to submit a
petition regarding the in-
tersection of Hill Street
and West Third Street.
Motion by Cline to receive
and file the documents
and refer to the City Man-
ager. Seconded by Lynch.
James Edwards read the
petition. Cline said that it is
a very busy, heavily trav-
eled intersection and sug-
gested referring it to the
City Manager and Engi-
neering Department for re-
view. Jones said that a
four-way stop might be a
quick fix and that it should
be properly corrected now.
He also suggested refer-
ring it to the City Manager
and staff for review. Lynch
concurred that it is a dan-
gerous intersection and fa-
vored a complete study.
Michalski concurred that
Hill and 3rd 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 Depart-
ment of Economic Devel-
opment HOME Program
funding application for an
18 room single room occu-
pancy 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 Partner-
ship Program funds.
Seconded by Cline.
Connors thanked
Mihalakis for her work.
Motion carried 7-0.
2160 Elm Street - Re-
quest to Rezone (First
Reading on November 19,
2007): Motion by Connors
to receive and file the
documents and that the
requirement that a pro-
posed ordinance be con-
sidered 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. Mo-
tion carried 7-0.
Motion by Connors for fi-
nal consideration and pas-
sage of Ordinance No. 60-
07 Amending Appendix A
(the Zoning Ordinance) of
the City of Dubuque Code
of Ordinances by reclassi-
fying hereinafter described
property located at 2160
Elm Street from R-2A Al-
ternate Two -Family Resi-
dential District to OR Of-
fice Residential District.
Seconded by Braig. Mo-
tion carried 7-0.
Residential Parking Per-
mit 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 suspend-
ed. Seconded by Connors.
Motion carried 7-0
Motion by Jones for final
consideration and passage
of Ordinance No. 61-07
Amending the Code of Or-
dinances of the City of Du-
buque, Iowa by repealing
Subsection (a) of Section
32-321.733 Establishing
Residential Parking Permit
District A and adopting in
lieu thereof a new Subsec-
tion (a) of Section 32-
321.733 Re-establishing
Residential Parking Permit
District A. Seconded by
Braig. Motion carried 7-0.
Human Relations Ordi-
nance (First Reading on
November 19, 2007): Mo-
tion 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 suspend-
ed. Seconded by Jones.
Motion carried 7-0.
nal consideratfon and' peg -
sage of Ordinance No. 62-
07 Arn nriinn +Le r•H., s
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Kathy Hefel-Goetzinger, a Billing Clerk for Woodward Communications, Inc.,
an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general
circulation published in the City of Dubuque, County of Dubuque and State of
Iowa; hereby certify that the attached notice was published in said newspaper on
the following dates: December 12, 2007, and for which the charge is $212.24.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
of this /i day oc ��c e1J , 20 07 .
7)271
otary Public in and for Dubuque County, Iowa.
AR`r K. Yr ESTL':" EVER
Cornmissior Number 154885
M COMM. Ex FEB. 1, 2008
Federal Building.
Mayor Buol read the call
and stated this is a regular
session called for the pur-
pose of discussing such
matters which may proper-
ly come before the Coun-
cil.
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 re-
ceive and file the docu-
ments and dispose of as
indicated. Seconded by
Connors. Fred Frommelt,
625 Gillespie Street, re-
quested (#12) Acquisition
of Property by Eminent
Domain be held for sepa-
rate discussion. Connors
requested that (#9) Gov-
ernment Finance Officers
Association and (#14) Du-
buque Southgate Invest-
ments Ltd. be held for
separate discussion.
Michalski requested (#10)
U.S. Department of Hous-
ing and Urban Develop-
ment be held for separate
discussion. Motion carried
7-0.
Minutes and Reports
Submitted: Airport Com-
mission 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 docu-
ments were received and
filed.
Notice of Claims/Suits:
Allied Insurance for wrong-
ful death claim of Lauren
Schmidt; Brady & O'Shea,
P.C. for personal injury
claim of Dorothy Herron;
Hope McDermott for per-
sonal injury; Jill Jellison for
vehicle damage. Upon mo-
tion the documents were
received and filed and re-
ferred to the City Attorney.
City Attorney advising
that the following claims
have been referred to Pub-
lic Entity Risk Services of
Iowa, the agent for the Io-
wa Communities Assur-
ance Pool: Hope
McDermott for personal in-
jury; Allied Insurance for
wrongful death; Dorothy
Herron for personal injury
City Attorney recom-
mending settlement of the
claim of Kurt Becker for
property damage and di-
recting the Finance De-
partment to ts.sue pay-
ment JP0' '`lon the
me aocuments were re-
ceived and filed and Reso-
lution No. 566-07 Accept-
ing the U.S. 52 Storm
Sewer Improvements Proj-
ect and authorizing pay-
ment of the contract
amount to the contractor
was adopted.
City Hall Parking Lot
Construction Project: City
Manager recommending
acceptance of the City Hall
Parking Lot Construction
Project as completed by
Porten Construction, Inc.
in the final contract
amount of $673,974.08.
Upon motion the docu-
ments were received and
filed and Resolution No.
567-07 Accepting the City
Hall Parking Lot Construc-
tion Project and authoriz-
ing payment to the con-
tractor and Resolution No.
568-07 Approving the final
assessment schedule • for
the City Hall Parking Lot
Reconstruction Project
were adopted.
Villa Street Retaining Wall
- Ornamental Railing Proj-
ect: City Manager recom-
mending 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 docu-
ments were received and
filed and Resolution No.
569-07 Accepting the Villa
Street Retaining Wall - Or-
namental Railing Project
and authorizing payment
to the contractor was
adopted.
Request for Proposals
(RFP) - East - West Corri-
dor Connectivity Study:
City Manager recommend-
ing approval of the issu-
ance of a Request for Pro-
posals (RFP) for engineer-
ing services required to
complete the East - West
Corridor Connectivity
Study. Upon motion the
documents were received,
filed, and approved.
lowa Department of
Transportation Final Traffic
Control System Improve-
ments Agreement: City
Manager recommending
approval of the Iowa De-
partment of Transportation
(IDOT) Final Traffic Control
System Improvements
Agreement. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 570-07 Approv-
ing the Iowa Department of
Transportation Agreement
for Primary Highway Im-
provements Project No.
2008-16-019 Final Traffic
Control System Improve-
ments was adopted.
approving me anal piat of
Asbury Plaza Business
Park First Addition in the
City of Dubuque, Iowa,
was adopted.
Government Finance Offi-
cers Association: Commu-
nication from the Govern-
ment Finance Officers As-
sociation advising that
Budget Director Jennifer
M. Larson has been pre-
sented the Distinguished
Budget Presentation
Award. Motion by Connors
to receive and file the
documents. Seconded by
Braig. Connors commend-
ed Budget Officer Jennifer
Larson for her good work.
Motion carried 7-0.
U.S. Department of
Housing and Urban Devel-
opment: Communication
from the U.S. Department
of Housing and Urban De-
velopment (HUD) advising
that the consolidated end -
of -year review for program
year 2006 was satisfactory
and congratulating the City
of Dubuque on its accom-
plishments. Motion by
Michalski to receive and
file the documents.
Seconded by Braig.
Michalski reiterated the
statistics provided by HUD
that show the great num-
ber of people served by
the Housing and Commun-
ity Development Depart-
ment and commended
staff for their work. Motion
carried 7-0.
Abstract of Votes: Sub-
mittal of the Abstract of
Votes for the City Council
Election held on the 6th
day of November, 2007.
Upon motion the docu-
ments were received and
filed.
Acquisition of Property by
Eminent Domain: City
Manager recommending
approval of the com-
mencement of eminent do-
main proceedings for ac-
quisition of the property at
625 Gillespie Street for the
32nd Street Detention Ba-
sin Project Station. Motion
by Cline to receive and file
the documents and adopt
Resolution No. 572-07 Au-
thorizing the commence-
ment of eminent domain
proceedings for the ac-
quisition of certain real
property owned by the es-
tate of Arthur P. Frommelt
in the City of Dubuque, Io-
wa for the 32nd Street De-
tention Basin Project Sta-
tion. Seconded Connors.
Fred Frommelt, 625
Gillespie, spoke in opposi-
tion to the proposed emi-
nent domain proceedings
and stated the road has al-
ways been over the reser-
voir. He suggested slowing
interstate Iower I tans
mission Assets: City Man-
ager recommending ap-
proval of the partial as-
signment by Interstate
Power & Light Company to
ITC Midwest LLC, a Michi-
gan limited liability compa-
ny, of its rights, liabilities
and obligations related to
certain transmission as-
sets under the City of Du-
buque Electric Franchise.
Upon motion the docu-
ments were received, filed,
and approved.
Dubuque Southgate In-
vestments Ltd.: Communi-
cation from Daniel J.
Mueller regarding the de-
velopment of Dubuque
Southgate's property and
the previous request for
acceptance of the streets.
Motion by Connors to re-
ceive and filed the docu-
ments and refer to the City
Manager. Seconded ' by
Lynch. Connors requested
that the City Manager re-
port back to Council. Mo-
tion carried 7-0.
State Historic Preserva-
tion Office - Preserve
America Grant Application:
City Manager recommend-
ing approval of a Letter of
Support for the State His-
toric 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 sub-
mitted. 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" Rote Mot ( I V e)
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 En-
graved Gift Collection were
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Cline to re-
ceive and file the docu-
ments, set the public hear-
ings as indicated, and di-
rect the City Clerk to pub-
lish notice as prescribed
by law. Seconded by
Connors. Motion carried 7-
0.
Resolution No. 575-07
Resolution of Intent to va-
cate 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 meeting to commence at
6:30 p.m. on December
17, 2007, in the Historic
Federal Building.
John F. Kennedy Side-
walk Construction Project:
City Manager recommend-
ing 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 esti-
mated cost. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 576-07 Prelimi-
nary approval of plans,
specifications, form of
contract, and estimated
cost for the John F. Ken-
nedy Sidewalk Construc-
tion Project; Resolution
No. 577-07 Setting date of
public hearing on plans,
specifications, form of
contract, and estimated
cost for the John F. Ken-
nedy Sidewalk Construc-
tion Project; Resolution
No. 578-07 Ordering bids
for the John F. Kennedy
Sidewalk Construction
Project; Resolution No.
579-07 Resolution of Ne-
cessity for the John F.
Kennedy (JFK) 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 meet-
ing to commence at 6:30
p.m. on December 17,
2007, in the Historic Fed-
eral Building.
Bee Branch Floodwall
Pumping Station Auxiliary
Power Project: City Man-
ager recommending initia-
tion of, the public bidding
process for the Bee
Branch Floodwall Pumping
Station Auxiliary Power
Project and that a public
hearing be set for Decem-
ber 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 ap-
proval of plans, specifica-
tions, form of contract, and
estimated cost for the Bee
Branch Floodwall Pumping
Station Auxiliary Power
Project were aaopteu set-
ting a public hearing for a
meeting to commence at
6:30 p.m. on December
17, 2007, in the Historic
Federal Building.
ACTION ITEMS
Northeast Iowa Commun-
ity College: Communica-
tion from Penelope H.
Wills, Ph.D., President of
Northeast Iowa Communi-
ty College, requesting City
Council adopt a Resolution
of Support for NICC'?; bal-
lot 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 Communi-
ties. 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 meas-
ure didn't pass the previ-
ous time. Michalski said
the City needs to be sup-
portive and committed to
the measure. Motion car-
ried 7-0.
Washington Neighbor-
hood Vision: City Manager
submitting the "Washing-
ton Neighborhood Revital-
ize: Envisioning the Future
for Dubuque's Washington
Neighborhood" report.
Motion by Cline to receive
and file the documents.
Seconded by Connors.
David Boyd, MSN Repre-
sentative, reviewed the re-
port with the City Council.
Washington Neighborhood
Association President
Teresa Caldwell presented
the vision statement and
plaque to the Mayor. Mo-
tion carried 7-0.
Citizen Petition: Commu-
nication from James R.
Edwards, 390 Hill Street,
requesting to address the
City Council to submit a
petition regarding the in-
tersection of Hill Street
and West Third Street.
Motion by Cline to receive
and file the documents
and refer to the City Man-
ager. Seconded by Lynch.
James Edwards read the
petition. Cline said that it is
a very busy, heavily trav-
eled intersection and sug-
gested referring it to the
City Manager and Engi-
neering Department for re-
view. Jones said that a
four-way stop might be a
quick fix and that it should
be properly corrected now.'
He also suggested refer-
ring it to the City Manager
support of an lowai5epart-
ment of Economic Devel-
opment HOME Program
funding application for an
18 room single room occu-
pancy 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 Partner-
ship Program funds.
Seconded by Cline.
Connors thanked
Mihalakis for her work.
Motion carried 7-0.
2160 Elm Street - Re-
quest to Rezone (First
Reading on November 19,
2007): Motion by Connors
to receive and file the
documents and that the
requirement that a pro-
posed ordinance be con-
sidered 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. Mo-
tion carried 7-0.
Motion by Connors for fi-
nal consideration and pas-
sage of Ordinance No. 60-
07 Amending Appendix A
(the Zoning Ordinance) of
the City of Dubuque Code
of Ordinances by reclassi-
fying hereinafter described
property located at 2160
Elm Street from R-2A Al-
ternate Two -Family Resi-
dential District to OR Of-
fice Residential District.
Seconded by Braig. Mo-
tion carried 7-0.
Residential Parking Per-
mit 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 suspend-
ed. Seconded by Connors.
Motion carried 7-0
Motion by Jones for final
consideration and passage
of Ordinance No. 61-07
Amending the Code of Or-
dinances of the City of Du-
buque, Iowa by repealing
Subsection (a) of Section
32-321.733 Establishing
Residential Parking Permit
District A and adopting in
lieu thereof a new Subsec-
tion (a) of Section 32-
321.733 Re-establishing
Residential Parking Permit
District A. Seconded by
Braig. Motion carried 7-0.
Human Relations Ordi-
nance (First Reading on
November 19, 2007): Mo-
tion 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 suspend-
ed. Seconded by Jones.
Motion carried 7-0.
nal consideratfori and pa`s"-
sage of Ordinance No. 62-
07 Amending the City of
Dubuque Code of Ordi-
nances Chapter 27 Human
Relations, Section 27-1
Definitions by adding a
new definition for "Gender
Identity" and deleting the
definition of "Religious Ed-
ucation Institution";
amending Section 27-51
Aiding or Abetting, Prohib-
iting Aiding or Abetting
Unfair or Discriminatory
Practices Based on Gen-
der Identity; amending
Section 27-61,Prohibited
Practices Relating to Un-
fair or Discriminatory Prac-
tices relating to Public Ac-
commodations Based on
Gender Identity; Amending
Section 27-71 Prohibited
Practices Relating to Un-
fair or Discriminatory Prac-
tices in Employment
Based on Gender Identity;
amending Chapter 27-72
Exemptions Relating to
Unfair or Discriminatory
Practices in Certain Con-
sumer Credit Transactions
Based on Sexual Orienta-
tion or Gender Identity;
amending Section 27-101
Prohibited Practices; Ex-
ceptions 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 Organi-
zations from Certain Con-
duct Based on Gender
Identity; amending Section
27-133 Discrimination in
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aller regarding the de-
pment of Dubuque
thgate's property and
previous request for
sptance of the streets.
ion by Connors to re-
e and filed the docu-
its and refer to the City
lager. Seconded ' by
Dh. Connors requested
the City Manager re -
back to Council. Mo-
carried 7-0.
tate Historic Preserva-
Office - Preserve
)rica Grant Application:
Manager recommend -
approval of a Letter of
port for the State His-
: Preservation Office
PO) Preserve America
it application. Upon
ion the documents
• received, filed, and
roved.
usiness Licenses: City
lager recommending
royal of annual liquor
Ise renewals as sub-
ed. Upon motion the
uments were received
filed and Resolution
573-07 Granting the
ance of a Class "B"
r Permit to UAW Local
; and a Class "C" Beer
nit to Hy-Vee #2 and
is Club #4973; and
olution No. 574-07
ling the issuance of a
rs "B" (Hotel/Motel)
for License to Julien
Class "C" Beer/Liquor
nse to Instant Replay,
Margaritas, The White
se and Pepper Sprout;
>s "B" Wine to Sam's
and Hy-Vee #2; and
>s "WBN" Native Wine
lubuque Area Chamber
Commerce and En-
'ed Gift Collection were
pted.
EMS TO BE SET FOR
PUBLIC HEARING
lotion by Cline to re-
e and file the docu-
its, set the public hear -
as indicated, and di -
the City Clerk to pub -
notice as prescribed
law. Seconded by
nors. Motion carried 7-
that a public hearing be
set for December 17, 2007
to consider approval of the
plans and specifications,
form of contract, and esti-
mated cost. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 576-07 Prelimi-
nary approval of plans,
specifications, form of
contract, and estimated
cost for the John F. Keh-
nedy Sidewalk Construc-
tion Project; Resolution
No. 577-07 Setting date of
public hearing on plans,
specifications, form of
contract, and estimated
cost for the John F. Ken-
nedy Sidewalk Construc-
tion Project; Resolution
No. 578-07 Ordering bids
for the John F. Kennedy
Sidewalk Construction
Project; Resolution No.
579-07 Resolution of Ne-
cessity for the John F.
Kennedy (JFK) 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 meet-
ing to commence at 6:30
p.m. on December 17,
2007, in the Historic Fed-
eral Building.
Bee Branch Floodwall
Pumping Station Auxiliary
Power Project: City Man-
ager recommending initia-
tion of the public bidding
process for the Bee
Branch Floodwall Pumping
Station Auxiliary Power
Project and that a public
hearing be set for Decem-
ber 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 ap-
proval of plans, specifica-
tions, form of contract, and
estimated cost for the Bee
Branch Floodwall Pumping
Station Auxiliary Power
file the documents and
adopt Resolution No. 584-
07 Resolution of Support
for NICC's ballot measure,
Ensuring the Future for
Students and Communi-
ties. 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 meas-
ure didn't pass the previ-
ous time. Michalski said
the City needs to be sup-
portive and committed to
the measure. Motion car-
ried 7-0.
Washington Neighbor-
hood Vision: City Manager
submitting the "Washing-
ton Neighborhood Revital-
ize: Envisioning the Future
for Dubuque's Washington
Neighborhood" report.
Motion by Cline to receive
and file the documents.
Seconded by Connors.
David Boyd, MSN Repre-
sentative, reviewed the re-
port with the City Council.
Washington Neighborhood
Association President
Teresa Caldwell presented
the vision statement and
plaque to the Mayor. Mo-
tion carried 7-0.
Citizen Petition: Commu-
nication from James R.
Edwards, 390 Hill Street,
requesting to address the
City Council to submit a
petition regarding the in-
tersection of Hill Street
and West Third Street.
Motion by Cline to receive
and file the documents
and refer to the City Man-
ager. Seconded by Lynch.
James Edwards read the
petition. Cline said that it is
a very busy, heavily trav-
eled intersection and sug-
gested referring it to the
City Manager and Engi-
neering Department for re-
view. Jones said that a
four-way stop might be a
quick fix and that it should
be properly corrected now.'
He also suggested refer-
ring it to the City Manager
Motion carried 7-0.
2160 Elm Street - Re-
quest to Rezone (First
Reading on November 19,
2007): Motion by Connors
to receive and file the
documents and that the
requirement that a pro-
posed ordinance be con-
sidered 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. Mo-
tion carried 7-0.
Motion by Connors for fi-
nal consideration and pas-
sage of Ordinance No. 60-
07 Amending Appendix A
(the Zoning Ordinance) of
the City of Dubuque Code
of Ordinances by reclassi-
fying hereinafter described
property located at 2160
Elm Street from R-2A Al-
ternate Two -Family Resi-
dential District to OR Of-
fice Residential District.
Seconded by Braig. Mo-
tion carried 7-0.
Residential Parking Per-
mit 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 suspend-
ed. Seconded by Connors.
Motion carried 7-0
Motion by Jones for final
consideration and passage
of Ordinance No. 61-07
Amending the Code of Or-
dinances of the City of Du-
buque, Iowa by repealing
Subsection (a) of Section
32-321.733 Establishing
Residential Parking Permit
District A and adopting in
lieu thereof a new Subsec-
tion (a) of Section 32-
321.733 Re-establishing
Residential Parking Permit
District A. Seconded by
Braig. Motion carried 7-0.
Human Relations Ordi-
nance (First Reading on
November 19, 2007): Mo-
tion 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 suspend-
ed. Seconded by Jones.
Motion carried 7-0.
I, Kathy Hefel-Goetzinger, a Billing Clerk for Woodward Communications, Inc.,
an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general
circulation published in the City of Dubuque, County of Dubuque and State of
Iowa; hereby certify that the attached notice was published in said newspaper on
the following dates: December 12, 2007, and for which the charge is $212.24.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this / day of .60--jed , 20 07 .
naj consicae`ration and pa`s-
sage of Ordinance No. 62-
07 Amending the City of
Dubuque Code of Ordi-
nances Chapter 27 Human
Relations, Section 27-1
Definitions by adding a
new definition for "Gender
Identity" and deleting the
definition of "Religious Ed-
ucation Institution";
amending Section 27-51
Aiding or Abetting, Prohib-
iting Aiding or Abetting
Unfair or Discriminatory
Practices Based on Gen-
der Identity; amending
Section 27-61,Prohibited
Practices Relating to Un-
fair or Discriminatory Prac-
tices relating to Public Ac-
commodations Based on
Gender Identity; Amending
Section 27-71 Prohibited
Practices Relating to Un-
fair or Discriminatory Prac-
tices in Employment
Based on Gender Identity;
amending Chapter 27-72
Exemptions Relating to
Unfair or Discriminatory
Practices in Certain Con-
sumer Credit Transactions
Based on Sexual Orienta-
tion or Gender Identity;
amending Section 27-101
Prohibited Practices; Ex-
ceptions 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 organi-
zations from Certain Con-
duct Based on Gender
Identity; amending Section
27-133 Discrimination in
Residential Real Estate -
Related Transactions Re-
lating to Discrimination in
'Certain Real Estate -
Related Transactions
Based on Gender Identity;
amending Section 27-134
Discrimination in Provision
of Brokerage Services Re-
lating to the Denial of cer-
tain Brokerage Services
Based on Gender Identity;
amending Section 27-145
Violations; Bodily Injury;
Death; Penalties Prohibit-
ing Injury, Intimidation or
Interference with a Person
Based on Gender Identity.
Seconded by Braig. Mo-
tion carried 7-0.
Dubuque Community Ice
and Recreation Center,
Inc.: City Mariager recom-
mending financial assis-
tance for the Dubuque
Community Ice and Recre-
ation 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. Mo-
tion 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
1t 12/12
otary Public in and for Dubuque County, Iowa.
WWESTEE,>tiEYER
Commission Number 154885
'XLL"t My Comm. Ex:, FEB. 1, 2008