02 06 06 City Council Proceedings Official _SpecialCITY COUNCIL
OFFICIAL
City Council, Regular Session, February 6, 2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager
Van Milligen, Corporation Counsel Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of
discussing such matters which may properly come before the Council.
Invocation was given by President Ken Daughters, Emmaus Bible College.
Proclamation: Parent Leadership Month (February 2006) received by Julie Woodyard.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/29; City Council of
1/12, 1/17 and 1/30; Civil Service Commission of 12/16; Environmental Stewardship Advisory Commission
of 1/3; Historic Preservation Commission of 1/19; Housing Commission of 11/22; Human Rights
Commission of 12/12; Investment Oversight Advisory Commission of 1/25; Library Board of 12/15; Long
Range Planning Advisory Commission of 1/18; Mechanical Code Board of 10/6; Park and Recreation
Commission of 1/10; Zoning Board of Adjustment of 1/26, presented and read. Jones moved that the
minutes be received and filed. Seconded by Connors. Motion carried 7-0.
Investment Oversight Advisory Commission submitting the 51 st Quarterly Report, presented and read.
Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0.
Substance Abuse Services Center Second Quarter Report for Fiscal Year 2006, presented and read.
Jones moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0.
Library Board of Trustees Update from Meeting of January 26, 2006, presented and read. Jones moved
that the communication be received and filed. Seconded by Connors. Motion carried 7-0.
Proofs of publication of City Council Proceedings of 12/5, 1/3, 1/12 and 1/17; Proofs of publication of List
of Claims and Summary of Revenues for months ending November 30, 2005 and December 31, 2005,
presented and read. Jones moved that the proofs be received and filed. Seconded by Connors. Motion
carried 7-0.
Notice of Claims/Suits: Stacey Duster for vehicle damage; Vincent and Marjorie Erhart for property
damage; Jerry Grutz for property damage; Maureen Schulz for personal injury; Donald Stumpf for personal
injury; Paul J. Uhlrich for vehicle damage; Union Insurance Company for property damage; Wells Fargo
Bank Minnesota vs City of Dubuque, et al, presented and read. Jones moved that the communications be
received and filed and referred to the City Attorney for investigation and report. Seconded by Connors.
Motion carried 7-0.
Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services
of Iowa, the agent for the Iowa Communities Assurance Pool: Bernice Breitfelder for property damage;
Mary V. Kearney for personal injury; Stacey Duster for vehicle damage, presented and read. Jones
moved that the communications be received and filed and concurred. Seconded by Connors. Motion
carried 7-0.
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Corporation Counsel recommending settlement of the claim of Vincent and Marjorie Erhart for property
damage and the claim of Paul Uhlrich for vehicle damage and direct the Finance Department to issue
payment, presented and read. Jones moved that the communications be received and filed and concurred
and Finance Department to issue payment. Seconded by Connors. Motion carried 7-0.
Corporation Counsel recommending denial of the claim of Jesse Rans for property damage, presented
and read. Jones moved that the communication be received and filed and concurred. Seconded by
Connors. Motion carried 7-0.
Corporation Counsel recommending that the claim of Jerry Grutz for property damage be referred to the
Control Board of the Dubuque Drug Task Force, presented and read. Jones moved that the
communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0.
Governor's Traffic Safety Grant: City Manager recommending approval of the submission of a Governor's
Traffic Safety Grant application for special traffic enforcement from April 1, 2006 to September 30, 2006,
presented and read. Jones moved that the communication be received and filed and approved
recommendation. Seconded by Connors. Motion carried 7-0.
Synergy Court Construction Project: City Manager recommending acceptance of the Synergy Court
Construction Project as completed by Top Grade Excavating, Inc., in the final contract amount of
$410,342.13, presented and read. Jones moved that the communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 30-06
ACCEPTING THE SYNERGY COURT DICW - STREET AND UTILITIES CONSTRUCTION PROJECT
Whereas, the contract for the Synergy Court DICW - Street and Utilities Construction Project (the Project)
has been completed and the City Manager has examined the work and filed a certificate stating that the
Project has been completed according to the terms of the contract, plans and specifications and that the
City Manager recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted.
Section 2. The City Treasurer is hereby directed to pay to the contractor from the Dubuque Industrial
Center West (DICW) Funds (CIP 3601481) appropriation for the contract amount of $410,342.13 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.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 31-06
FINAL ESTIMATE
Whereas, the construction contract for the Synergy Court DICW - Street and Utilities Construction
Project, has been completed and the City Engineer has submitted his final estimate showing the cost
thereof including the cost of estimates, notices and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $449,677.12 and the said
amount shall be paid from the Dubuque Industrial Center West (DICW) Funds (CIP 3601481).
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project: City Manager
recommending acceptance of the Sixth Street, Seventh Street and Washington Park
Reconstruction/Renovation Project as completed by Portzen Construction in the final contract amount of
$786,666.02, presented and read. Jones moved that the communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 32-06
ACCEPTING THE 6TH & 7TH STREET RECONSTRUCTION AND THE WASHINGTON PARK
RENOVATION PROJECT
Whereas, the contract for the 6th & 7th Street Reconstruction and the Washington Park Renovation
Project (the Project) has been completed and the City Manager has examined the work and filed a
certificate stating that the Project has been completed according to the terms of the contract, plans and
specifications and that the City Manager recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted.
Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2005 Street
Construction Fund, Fiscal Year 2005/2006 Washington Park Sidewalks, Fiscal Year 2006 Washington
Park Renovation, Fiscal Year 2006 Water Main Replacement Fund, Fiscal Year 2006 Storm Sewer
Improvement Fund, Fiscal Year 2006 Street Program Related Sanitary Sewer Improvements, Fiscal Year
2006 Fiber Optic Conduit — Paving Projects, Fiscal Year 2006 Signalization Program and the cost share
on behalf of the Dubuque Museum of Art for brick paver replacement for the contract amount of
$786,666.02 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.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 33-06
FINAL ESTIMATE
Whereas, the construction contract for the 6th & 7th Street Reconstruction and the Washington Park
Renovation Project, has been completed and the City Engineer has submitted his final estimate showing
the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $833,944.27 and the said
amount shall be paid from the Fiscal Year 2005 Street Construction Fund, Fiscal Year 2005/2006
Washington Park Sidewalks, Fiscal Year 2006 Washington Park Renovation, Fiscal Year 2006 Water Main
Replacement Fund, Fiscal Year 2006 Storm Sewer Improvement Fund, Fiscal Year 2006 Street Program
Related Sanitary Sewer Improvements, Fiscal Year 2006 Fiber Optic Conduit — Paving Projects, Fiscal
Year 2006 Signalization Program and cost share on behalf of the Dubuque Museum of Art for brick paver
replacement.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project: City Manager recommending
acceptance of the Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project as completed
by McDermott Excavating in the final contract amount of $55,270.02, presented and read. Jones moved
that the communication be received and filed. Seconded by Connors. Motion carried 7-0.
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RESOLUTION NO. 34-06
ACCEPTING THE LINDBERG TERRACE AND EAGLE STREET SANITARY SEWER
RECONSTRUCTION PROJECT
Whereas, the contract for the Lindberg Terrace and Eagle Street Sanitary Sewer Reconstruction Project
(the Project) has been completed and the City Manager has examined the work and filed a certificate
stating that the Project has been completed according to the terms of the contract, plans and
specifications and that the City Manager recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted.
Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2006
Sanitary Sewer Construction Fund appropriation for the contract amount of $55,270.02 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.
Passed, approved and adopted this 6111 day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 35-06
FINAL ESTIMATE
Whereas, the construction contract for the Lindberg Terrace and Eagle Street Sanitary Sewer
Reconstruction Project, has been completed and the City Engineer has submitted his final estimate
showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous
costs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $64,417.35 and the said
amount shall be paid from the Fiscal Year 2006 Sanitary Sewer Construction Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
Mediacom: Communication from Kathleen McMullen, Area Manager of Mediacom, advising of channel
changes to be effective February 20, 2006, presented and read. Jones moved that the communication be
received and filed. Seconded by Connors. Motion carried 7-0.
Fiscal Year 2006 Annual Action Plan — Amendment #3: City Manager recommending approval of
Amendment #3 to the Fiscal Year 2006 Annual Action Plan for expansion of the Historic Preservation
Homeowner Grant Program to include non-profit organizations providing residential facilities to HUD
income -eligible tenants and communication from the Historic Preservation Commission recommending
approval of a proposed change to the Historic Preservation Homeowner Grant Program to include non-
profit organizations providing residential facilities to HUD income -eligible tenants and to establish the
Historic Preservation Housing Grant Program, presented and read. Jones moved that the communication
be received and filed. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 36-06
RESOLUTION APPROVING THE FISCAL YEAR 2006 (PROGRAM YEAR 2005) ANNUAL PLAN -
AMENDMENT 3 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
Whereas, the City of Dubuque prepared and filed a Fiscal Year 2006 Annual Action Plan; and
Whereas, the City of Dubuque now desires to amend said FY 2006 Annual Action Plan by expanding the
eligible applicants for the Historic Preservation Homeowner Grant Program, and
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Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation
Plan and must therefore be approved by resolution of the City Council after a public hearing by the
Community Development Advisory Commission; and
Whereas, the City advertised the public comment period beginning December 8, 2005; and
Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a
public hearing on January 11, 2006, and has voted to approve said amendment and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That said Fiscal Year 2006 (Program Year 2005) Annual Plan - Amendment 3 as shown in the
attached Exhibit A is hereby approved.
Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to
the U. S. Department of Housing and Urban Development.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
Dubuque Area Chamber of Commerce: Communication from Steward Sandstrom, President and CEO of
the Dubuque Area Chamber of Commerce, regarding the River Pointe Condominium Project, presented
and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion
carried 7-0.
East Central Intergovernmental Association: Communication from Kelley Hutton Deutmeyer, East Central
Intergovernmental Association, regarding the Keyline transfer / drop off location at the Dubuque Kennedy
Mall, presented and read. Jones moved that the communication be received and filed and referred to the
City Manager. Seconded by Connors. Motion carried 7-0.
Downtown Dubuque Design Guidelines: City Manager recommending approval of a Historic Resource
Development Program (HRDP) Grant Application in the amount of $13,000 for phase one of development
of the Downtown Dubuque Design Guidelines Manual, a goal of the 2004 Downtown Dubuque Master
Plan, presented and read. Jones moved that the communication be received and filed. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 37-06
RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR HISTORIC RESOURCE
DEVELOPMENT PROGRAM (HRDP) GRANT FUNDS TO THE STATE HISTORICAL SOCIETY OF
IOWA FOR DOWNTOWN DUBUQUE DESIGN GUIDELINES: PHASE 1 (STREETSCAPE/LANDSCAPE
GUIDELINES)
Whereas, the State Historical Society of Iowa has Historic Resource Development Program (HRDP)
grant funds available for the preservation and interpretation of Iowa's historic and cultural resources; and
Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for the
preservation and interpretation of the community's historic and cultural resources; and
Whereas, the City of Dubuque has adopted the Downtown Dubuque Master Plan and implementation of
the plan includes the creation of design guidelines for the downtown.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Planning Services Manager is authorized to sign and submit this application to the
State Historical Society of Iowa for HRDP Funds for the Downtown Dubuque Design Guidelines: Phase 1
(Streetscape/Landscape Guidelines).
Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements
applicable to the proposed budget.
Passed, approved and adopted this 6th day of February 2006.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
White Water Creek Bridge: City Manager recommending approval of a new site for the White Water
Creek Bridge at the Bergfeld Recreation Area, presented and read. Jones moved that the communication
be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0.
Citizen Communication: Communication from Sister Margaret Ann Willging regarding the possibility of a
Wal-Mart at the site of the former meat packing plant, presented and read. Jones moved that the
communication be received and filed. Seconded by Connors. Motion carried 7-0.
Comprehensive Plan Update: Communication from the Long Range Planning Advisory Commission
submitting the proposed schedule for the 2006 update of the Dubuque Comprehensive Plan, presented
and read. Jones moved that the communication be received and filed. Seconded by Connors. Motion
carried 7-0.
Request for Proposals (RFP) for Professional Auditing Services: City Manager recommending approval
of the issuance of a Request for Proposals for professional auditing services for fiscal years ending June
30, 2006 through June 30, 2010, presented and read. Jones moved that the communication be received
and filed. Seconded by Connors. 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 City's Fiscal Year 2006 allocation for the
Community Development Block Grant Program is $1,256,479, presented and read. Jones moved that the
communication be received and filed. Seconded by Connors. Motion carried 7-0.
National League of Cities Legal Defense: City Manager recommending approval of the contribution of
$198 to the National League of Cities (NLC) Legal Defense Fund, presented and read. Jones moved that
the communication be received and filed and approved recommendation. Seconded by Connors. Motion
carried 7-0.
Ice Harbor Marina Grant: City Manager recommending approval of a revised project scope for the Iowa
Department of Natural Resources (IDNR) Boating Infrastructure Grant for the Ice Harbor Marina Project to
provide for the construction of eight transient slips in the Ice Harbor, presented and read. Jones moved
that the communication be received and filed and approved recommendation. Seconded by Connors.
Motion carried 7-0.
Long Range Planning Advisory Commission: Communication from the Long Range Planning Advisory
Commission recognizing the commitment of the Envision 2010 Steering Committee, the sponsors, and the
many volunteers for their efforts to successfully engage citizens in the community visioning process,
presented and read. Jones moved that the communication be received and filed. Seconded by Connors.
Motion carried 7-0.
Job Access Contract: City Manager recommending approval of a contract with A -OK Yellow Cab
Company for the purpose of providing evening, weekend, and peak time transportation service to Area
Residential Care using Job Access Reverse Commute (JARC) funding, presented and read. Michalski
moved that the communication be received and filed and approved recommendation. Seconded by Cline.
Motion carried 7-0.
Railroad Revolving Loan and Grant Program: City Manager recommending approval of an application in
the amount of $750,000 to the Iowa Department of Transportation for the construction of a railroad lead
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line and spur in the Dubuque Industrial Center West, presented and read. Jones moved that the
communication be received and filed. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 38-06
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION TO THE IOWA DEPARTMENT OF
TRANSPORTATION
Whereas, the City Council of Dubuque, Iowa has identified the construction of a rail lead line and spur in
the Dubuque Industrial Center West as a top priority, and
Whereas, the Iowa Department of Transportation has funding available through the Railroad Revolving
Loan and Grant Program to assist with Industrial rail projects and,
Whereas, an application has been prepared for Railroad Revolving Loan and Grant Program funding in
the amount of $750,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the submittal of an application for a $400,000 grant and a $350,000 loan from the
Railroad Revolving Loan and Grant Program to fund the Dubuque Industrial Center West rail lead line and
spur project is hereby approved.
Section 2. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to
submit said application to the Iowa Department of Transportation, together with other attachments as may
be required.
Passed, approved, and adopted this 6th day of February.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0
409 Burch Street (Tabled on January 3, 2006): City Manager submitting an update on the property
located at 409 Burch Street and recommending that due to the weather this item be re -tabled to May 15,
2006, presented and read. Jones moved to receive and file the communication and table to the 5/15/06
meeting. Seconded by Connors. Motion carried 7-0.
International Institute of Municipal Clerks: Notification from the International Institute of Municipal Clerks
that City Clerk Jeanne Schneider has been recertified through 2009, presented and read. Jones moved
that the communication be received and filed. Seconded by Connors. Motion carried 7-0.
Tobacco Compliance — Civil Penalties for Tobacco Permit Holders: City Manager recommending
acceptance and approval of Acknowledgement/Settlement Agreements for Econofoods, Dempsey's and
Molly's Pub, Kwik Stop, and Puff -N -Snuff and assessment of a $300 penalty for their first tobacco
compliance violations and acceptance of the Acknowledgement/Settlement Agreements for Ron's
Discount Smokes and Hartig Drug Company and assessment of a $1,500 penalty for their second tobacco
compliance violations, presented and read. Jones moved that the communication be received and filed
and approved recommendation. Seconded by Connors. Motion carried 7-0.
PEG Access Capital Grant Expenditure: City Manager recommending approval for funding in the amount
of $36,800 for the Capital Grant for Access Equipment and Facilities, presented and read. Jones moved
that the communication be received and filed and approved recommendation. Seconded by Connors.
Motion carried 7-0.
Franchise Fee Amicus Brief: Corporation Counsel recommending approval of the expenditure of
approximately $3,000 for preparation of an amicus brief to the Iowa Supreme Court on behalf of the cities
in Iowa with franchise fees, presented and read. Jones moved that the communication be received and
filed and approved recommendation. Seconded by Connors. Motion carried 7-0.
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Alcoholic Beverages Division: Communication from Lynn M. Welding, Administrator of the Alcoholic
Beverages Division, advising that they have denied the liquor license application for the Water Hole,
presented and read. Jones moved that the communication be received and filed. Seconded by Connors.
Motion carried 7-0.
Justice Assistance Grant: City Manager recommending approval of the submission of the 2006 Justice
Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the amount of $29,008,
presented and read. Jones moved that the communication be received and filed and approved
recommendation. Seconded by Connors. Motion carried 7-0.
Request for Extension — Vision Iowa: City Manager submitting a letter to the Vision Iowa Board providing
an update on several projects and requesting an extension on three projects, presented and read. Jones
moved that the communication be received and filed and approved letter. Seconded by Connors. Motion
carried 7-0.
2006 State Legislative Issues: City Manager recommending approval of an amendment to the 2006
State Legislative Issues to include language requesting that the Code of Iowa be amended to clarify that a
franchise fee may be based on the gross revenue from the sale of the utility's product and that the fees
that have been collected under franchise agreements were legal, presented and read. Jones moved that
the communication be received and filed and approved recommendation. Seconded by Connors. Motion
carried 7-0.
Quarterly Investment Report: City Manager submitting the December 31, 2005 Quarterly Investment
Report, presented and read. Jones moved that the communication be received and filed. Seconded by
Connors. Motion carried 7-0.
University Avenue Embankment Failure: City Manager approval to request consideration for Federal
Emergency Relief Funding to complete permanent repair work for the University Avenue Embankment
Failure project, presented and read. Jones moved that the communication be received and filed and
approved recommendation. Seconded by Connors. Motion carried 7-0.
Residential Parking Permit District — West 16th Street / Catherine Street: City Manager recommending
that a request to add West 16th Street and Catherine Street to Residential Parking Permit District "G" be
denied, presented and read. Jones moved that the communication be received and filed and approved
recommendation. Seconded by Connors. Motion carried 7-0.
U.S. Department of Housing and Urban Development: Communication from the Department of Housing
and Urban Development regarding the City's recent audit report, presented and read. Jones moved that
the communication be received and filed. Seconded by Connors. Motion carried 7-0.
3-M Development, Ltd.: Communication from David L. Clemens, representing 3-M Development, Ltd.,
requesting that the City Council's action to delay the development of the Dubuque Brewing and Malting
Company Building be rescinded immediately, presented and read. Jones moved that the communication
be received and filed. Seconded by Connors. Motion carried 7-0.
Dubuque Comprehensive Plan: Communication from Lou Oswald regarding the Dubuque
Comprehensive Plan, presented and read. Jones moved that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
ConAgra Foods: City Manager recommending approval of a request from ConAgra Foods to construct a
third storage tank on property leased from the City subject to two conditions, presented and read. Jones
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moved that the communication be received and filed and approved recommendation. Seconded by
Connors. Motion carried 7-0.
National Community Development Association Conference: Communication from Housing and
Community Development Director David Harris that Aggie Tauke attended the National Community
Development Association (NCDA) Winter Conference, presented and read. Jones moved that the
communication be received and filed. Seconded by Connors. Motion carried 7-0.
Dubuque County Historical Society: City Manager submitting a letter to Jerry Enzler, Dubuque County
Historical Society, in support of an application to the Iowa Department of Cultural Affairs, presented and
read. Jones moved that the communication be received and filed. Seconded by Connors. Motion carried
7-0.
Business Licenses:
RESOLUTION NO. 39-06
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.
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 "C" BEER PERMIT
Hartig Drug Company Hartig Drug # 4+ (Sunday Sale) 2225 Central
Hy -Vee Inc Hy -Vee # 2+ (Sunday Sale) 2395 NW Arterial
Nash Finch Company Econo Foods # 471 + (Sunday Sale) 3355 JFK Rd
Lee W. Potter Sr Lee's 76/West Locust Mart+ (Sunday Sale)408 W. Locust
Hill Street Plaza Inc. Oky Doky # 8+ (Sunday Sale) 535 Hill St
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 40-06
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 "C" BEER/LIQUOR LICENSE
The Apartment, LTD Dubuque Mining +(Sunday/Outdoor Sale) 555 JFK Rd
Hammerheads, Inc Hammerheads Bar/Billiards+(Sunday Sale) 2095 Kerper Blvd
James Goetz's Goetz's+(Sunday Sale) 2776 Jackson St
Charles Steffen Tony's Place+(Sunday Sale) 1701 Central Av
Pusateri Enterprises Pusateris+(Sunday Sale) 2400 Central Av
CLASS "B" WINE
Nash Finch Company Econo Foods # 471 3355 JFK Rd
Hartig Drug Company Hartig Drug # 4 2225 Central Av
Hy -Vee Inc Hy -Vee # 2 2395 NW Arterial
CLASS "B" NATIVE WINE
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Hy -Vee, Inc Hy -Vee Gas # 2 2435 NW Arterial
Passed, approved and adopted this 6th day of February, 2006 .
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Jones moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
Fiscal Year 2007 Operating Budget: City Manager recommending that a public hearing be set for
Thursday, March 2, 2006 to consider adoption of the Fiscal Year 2007 Operating Budget and Capital
Improvement Program, presented and read. Jones moved that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 41-06
SETTING THE DATE FOR THE PUBLIC HEARING ON THE
FISCAL YEAR 2007 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public
hearing on the Fiscal Year 2007 budget before the final budget certification date and shall publish notice
before the hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2007 budget
for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque,
Iowa, on Thursday, March 2, 2006, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public
hearing, according to law, together with the required budget information.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution setting Public Hearing for 3/2/06 at a meeting to commence
at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner required by
law. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 42-06
SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS 2007 THROUGH 2011 FOR THE CITY OF DUBUQUE
Whereas, a proposed Five -Year Capital Improvement Program for the City of Dubuque for Fiscal Years
2007 through 2011 has been prepared and submitted to the City Council; and
Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2007 budget
for the City of Dubuque; and
Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and
adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of
the Fiscal Year 2007 budget for the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the five-year Capital Improvement
Program for Fiscal Years 2007 through 2011 at the Carnegie Stout Public Library Auditorium, 360 West
11th Street, Dubuque, Iowa, on Thursday, March 2, 2006, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public
hearing.
Passed, approved and adopted this 6th day of February, 2006.
Attest: Jeanne F. Schneider, City Clerk
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Roy D. Buol, Mayor
Michalski moved adoption of the Resolution setting Public Hearing for 3/2/06 at a meeting to commence
at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner required by
law. Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following Commission:
Airport Commission (One four-year term through 9/14/10) Applicants: Charles Dauod, J.K. Hanson III, Dan
Nicholson Charles Dauod spoke requesting consideration for appointment.
PUBLIC HEARINGS
Michalski moved that the rules be suspended to allow anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
Garfield Place Urban Revitalization Area: Proof of publication on notice of hearing to consider approval
of an amended and restated Garfield Place Urban Revitalization Area to add two adjoining lots for a
proposed 12 -room single -room occupancy facility at 601 Garfield Avenue and to extend the duration of the
plan and City Manager recommending approval, presented and read. Connors moved that the proof and
communication be received and filed. Seconded by Lynch. Motion carried 7-0.
Communication from the Long Range Planning Advisory Commission recommending expansion of the
Garfield Place Urban Revitalization District, presented and read. Connors moved that the communication
be received and filed. Seconded by Lynch. Motion carried 7-0.
Request of Ted Stackis that his property at 525/527 Garfield not be included in the Urban Revitalization
Area, presented and read. Connors moved that the communication be received and filed. Seconded by
Lynch. Motion carried 7-0.
An Ordinance Establishing the Amended and Restated Garfield Place Urban Revitalization Area as an
Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. Michalski
moved to table action on this Ordinance, and create a new Ordinance. Seconded by Cline. Motion carried
7-0.
Dubuque County Historical Society Lease Agreement: Proof of publication on notice of hearing to
consider disposing of real property by lease to the Dubuque County Historical Society and City Manager
recommending approval, presented and read. Cline moved that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Jerry Enzler of the National Mississippi River Museum spoke in appreciation of this action.
RESOLUTION NO. 43-06
RESOLUTION DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT TO THE
DUBUQUE COUNTY HISTORICAL SOCIETY
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the real property legally described as:
Lot 1, in Adam's Company's 2nd Addition in the City of Dubuque, Iowa; and
WHEREAS, the Dubuque County Historical Society desires to lease the Premises for the purpose of
creating an expansion of the National Mississippi River Museum & Aquarium including a new museum
which would be a compliment to the existing National Mississippi River Museum & Aquarium and for such
other purposes as described in the proposal for a Development Agreement Leading to a Lease between
the City of Dubuque and the Dubuque County Historical Society For Adaptive Reuse of the Adams
Company Building and Site; and
WHEREAS, the City Council has held a public hearing on the City's intent to dispose of the foregoing -
described City Property on the 6th day of February, 2006, pursuant to notice as required by law, and
following the public hearing overruled all objections thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
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Section 1. The City Council of the City of Dubuque, Iowa, hereby approves the Lease Agreement with
Dubuque County Historical Society, a copy of which is attached hereto, for the above-described City
Property.
Section 2. The Mayor is hereby authorized and directed to sign the Lease Agreement on behalf of the
City of Dubuque.
Section 3. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque
County Recorder.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
Connors moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline.
Motion carried 7-0.
ACTION ITEMS
Assistant City Attorney: Corporation Counsel recommending approval of the selection of Crenna
Brumwell as the Assistant City Attorney, effective March 20, 2006, presented and read. Cline moved that
the communication be received and filed. Seconded by Connors. Motion carried 7-0.
Lindahl introduced Brumwell to the City Council and expressed appreciation to retiring Assistant City
Attorney Bill Blum for his thirty-three years of service.
RESOLUTION NO. 44-06
APPROVING THE APPOINTMENT OF CRENNA M. BRUMWELL AS ASSISTANT CITY ATTORNEY
FOR THE CITY OF DUBUQUE
Whereas, City Solicitor William G. Blum has announced his retirement effective April 14, 2006 after
honorably serving as legal counsel for the City of Dubuque for thirty-two years; and
Whereas, City Attorney Barry A. Lindahl has recommended that his appointment of Crenna M. Brumwell
as Assistant City Attorney be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
The appointment of Crenna M. Brumwell as Assistant City Attorney for the City of Dubuque effective
March 20, 2006 is hereby approved.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0.
Human Rights Ordinance: Communication from Judy Haley Giesen, Chair of the Dubuque Human Rights
Commission, recommending adoption of an amendment to the Human Rights Ordinance to add sexual
orientation to the ordinance and to include an exemption for religious educational institutions in
employment, presented and read. Braig moved that the communication be received and filed. Seconded
by Jones. Motion carried 6-1 with Cline voting Nay.
An Ordinance Amending Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances by
adding two new paragraphs to Section 27-1 defining "Sexual Orientation" and defining "Religious
Education Institution" and amending Sections 27-51(2), 27-61(1)-(2), 27-71(1)-(3), 27-72, 27-91(1)-(3), 27-
131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, and 27-145(1)-(3) prohibiting discrimination based on
"Sexual Orientation," presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-06
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AMENDING CHAPTER 27, HUMAN RELATIONS, OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING TWO NEW PARAGRAPHS TO SECTION 27-1 DEFINING "SEXUAL
ORIENTATION" AND DEFINING "RELIGIOUS EDUCATIONAL INSTITUTION," AND AMENDING
SECTIONS 27-51(2), 27-61(1)-(2), 27-71(1)-(3), 27-72, 27-91(1)-(3), 27-101, 27-131(1)-(5), 27-132(c), 27-
133(a), (c), 27-134, AND 27-145(1)-(3) PROHIBITING DISCRIMINATION BASED ON "SEXUAL
ORIENTATION."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 27-1 of the Dubuque Code of Ordinances is hereby amended by adding the following
definitions:
Sec. 27-1. Definitions:
Religious Educational Institution: any preschool, elementary, secondary, or postsecondary college or
university which is operated, supervised, controlled or sustained primarily by a religious organization.
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.
Section 2. Sec. 27-51(2) of the City of Dubuque Code of Ordinances is hereby amended to read as
follows:
Sec. 27-51. Aiding Or Abetting:
It shall be an unfair or discriminatory practice for:
.(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
or sexual orientation 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.
Section 3. Sec. 27-61 of the City of Dubuque Code of Ordinances is hereby amended to read as follows:
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 or
sexual orientation 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 or sexual orientation is
unwelcome, objectionable, not acceptable, or not solicited.
Section 4. Sec. 27-71 of the City of Dubuque Code of Ordinances is hereby amended to read as follows:
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 or sexual orientation 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 because of the race, creed, color,
sex, age, national origin religion or sexual orientation 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 or sexual orientation are unwelcome, objectionable,
not acceptable, or not solicited for employment or membership, unless based upon the nature of the
occupation.
Section 5. Sec. 27-72 of the City of Dubuque Code of Ordinances is hereby amended by adding the
following:
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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 educational institution with respect to any qualifications for employment by such institution.
Section 6. Sec. 27-91 of the City of Dubuque Code of Ordinances is hereby amended to read as follows:
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 or sexual orientation.
(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 or sexual
orientation.
(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 or sexual orientation. 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.
Section 7. Sec. 27-101 of the City of Dubuque Code of Ordinances is hereby amended to read as
follows:
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 or sexual orientation in any program or activity. Such
discriminatory practices shall include but not be limited to the following practices:
(1) Exclusion of a person or persons from participation in, denial of the benefits of, or subject to
discrimination in any academic, 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 purposes of this Section, educational institution includes any preschool, elementary, secondary,
or merged area school, area education agency, 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 the 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.
Section 8. Sec. 27-131 of the City of Dubuque Code of Ordinances is hereby amended to read as
follows:
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 or sexual orientation.
(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 or sexual orientation.
(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
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discrimination based on race, color, religion, sex, familial status, national origin, creed, age disability or
sexual orientation, or an intentional 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 or sexual orientation 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 or sexual
orientation.
Section 9. Sec. 27-132(c) of the City of Dubuque Code of Ordinances is hereby amended to read as
follows:
Sec. 27-132. Exemptions.
. (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 or sexual orientation. 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.
Section 10. Sec. 27-133 of the City of Dubuque Code of Ordinances is hereby amended to read as
follows:
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 or sexual orientation.
(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.
Section 11. Sec. 27-134 of the City of Dubuque Code of Ordinances is hereby amended to read as
follows:
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 or sexual orientation.
Section 12. Sec. 27-145 of the City of Dubuque Code of Ordinances is hereby amended to read as
follows:
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 or sexual orientation 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:
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(a) participating, without discrimination on account of race, color, religion, sex, familial status, national
origin, creed, age, disability or sexual orientation in the activities, services, organizations or facilities
described in subsection (a) of this Section; 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 or sexual orientation in any
of the activities, services, organizations or 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 13. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 10th day of February, 2006.
Jeanne F. Schneider, City Clerk
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Braig moved 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 finally passed be suspended. Seconded by
Jones. Motion carried 6-1 with Cline voting Nay. Braig moved final consideration and passage of the
Ordinance. Seconded by Jones. Motion carried 6-1 with Cline voting Nay.
Storage Container Ordinance: City Manager recommending approval of an ordinance to allow for the
permitting and use of exterior storage containers and trailers; Communication from Steward Sandstrom
requesting to address the City Council regarding the proposal to regulate exterior storage containers;
Communication from Michael J. Coyle, representing Bill and Carol Denlinger, requesting to address the
City Council regarding the proposed ordinance, presented and read. Connors moved that the
communications be received and filed. Seconded by Michalski. Yeas—Buol, Connors, Jones, Michalski.
Nays—Braig, Cline, Lynch.
Steward Sandstrom, President of the Dubuque Chamber of Commerce, spoke urging opposition to the
proposed Ordinance as it is unenforceable and can be addressed through existing Ordinances.
Attorney Mike Coyle, representing Bill and Carol Denlinger, spoke urging a "No" vote.
An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque Code of
Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage Trailers establishing
requirements for the use of exterior storage containers and storage trailers, presented and read.
Council discussed the various aspects of the proposed Ordinance including whether the same objective
could be accomplished with current laws. Staff explained part of the purpose was to centralize
enforcement and to have site plans available to know what is in the various containers.
Connors moved 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 finally passed be suspended. Seconded
by Michalski. Motion failed due to lack of a three-fourths vote: Yeas—Buol, Connors, Jones, Michalski.
Nays—Braig, Cline, Lynch.
Connors moved that this be considered the first reading of the Ordinance and directed that one year from
the effective date of the Ordinance the committee be reconvened to evaluate the effectiveness of the
Ordinance. Seconded by Michalski. Carried by the following vote: Yeas—Buol, Connors, Jones,
Michalski. Nays—Braig, Cline, Lynch.
Arbor Estates Phase III Lift Station: City Manager recommending that any action to acquire an easement
for the proposed lift station on property owned by John P. and Pamela J. Gartner be postponed to a later
date as staff intends to approve the installation of a lift station in the Arbor Estates Subdivision;
Communication from Davin C. Curtiss requesting to address the City Council on behalf of the Forest
Grange Property Owner's Association, regarding the proposed placement of a lift station on Association
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property and two letters regarding the issue, presented and read. Michalski moved that the communication
be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0.
Sexual Offender Residency Restrictions: City Manager recommending that the City of Dubuque monitor
the current restrictions and any upcoming actions by the State of Iowa Legislature and to not create a local
ordinance at this time regarding sexual offender residency restrictions, presented and read. Michalski
moved that the communication be received and filed and approved recommendation. Seconded by Cline.
Motion carried 7-0.
Unified Development Code: City Manager recommending approval of terminating the contract with Lane
Kendig, Inc. for creation of a Unified Development Code and the drafting of a new Request for
1 Proposals, presented and read. Connors moved that the communication be received and filed and
approved recommendation. Seconded by Jones. Motion carried 7-0.
Federal Building Application: City Manager recommending approval of the submission of an application
to the Federal Parks Service and GSA for conveyance of the Federal Building to the City, presented and
read. Connors moved that the communication be received and filed. Seconded by Jones. Motion carried
7-0.
RESOLUTION NO. 45-06
RESOLUTION AUTHORIZING APPLICATION TO THE GENERAL SERVICES ADMINISTRATION FOR
HISTORIC MONUMENT CONVEYANCE OF THE FEDERAL BUILDING TO THE CITY OF DUBUQUE.
Whereas, certain real property owned by the United States, located in the County of Dubuque, State of
Iowa, has been declared surplus and at the discretion of the Administrator of General Services, may be
conveyed for historic monument purposes to a State, political subdivision, instrumentalities thereof, or
municipality, under the provisions of Section 203(k)(3) of the Federal Property and Administrative Services
Act of 1949, as amended [40 U.S.C. 484(k)(3)], and rules and regulations promulgated pursuant thereto,
more particularly described as follows:
Federal Building, 350 W. 6th Street, Dubuque, Iowa
1.09 acres
GSA Control Number 7 -G -IA -0495-1
Whereas, the City of Dubuque needs and will utilize said property in perpetuity for historic monument
purposes as set forth in its application and in accordance with the requirements of said Act and the rules
and regulations promulgated thereunder; and
Whereas, the City of Dubuque is authorized, willing and able to conduct compatible revenue-producing
activities, and that regardless of any revenues derived from such activities, is financially able to utilize said
property for historic monument purposes as set forth in its Program of Preservation and Utilization and in
accordance with the requirements of said Act and regulations and procedures promulgated thereunder;
and
Whereas, the City of Dubuque agrees that any income in excess of costs of repair, rehabilitation,
restoration and maintenance shall be used by the City of Dubuque only for public historic preservation
purposes as enunciated in its Program of Preservation and Utilization;
Now, Therefore, Be It Resolved by the City Council of Dubuque, Iowa, that the City of Dubuque shall
make application to the Administrator of General Services for and secure the transfer to it of the above-
mentioned property for said use upon and subject to such exceptions, reservation, terms, covenants,
agreements, conditions, and restrictions as the Secretary of the Interior, and the Administrator of General
Services, or their authorized representatives, may require in connection with the disposal of said property
under said Act and the rules and regulations issued pursuant thereto; and Be It Further Resolved that the
City of Dubuque has legal authority, is willing, and is in a position to assume immediate care and
maintenance of the property, and that Michael C. Van Milligen, City Manager, be and he is hereby
authorized, for and on behalf of the City of Dubuque to do and perform any and all acts and things which
may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans,
17
applications, reports, and other documents; the execution, acceptance, delivery, and recordation of
reports, and other documents; the execution, acceptance, delivery, and recordation of agreements, deeds,
and other instruments pertaining to the transfer of said property, including the filing of copies of the
application and the conveyance documents in the records of the governing body, and the payment of any
and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection
with the transfer of said property for survey, title searches, recordation of instruments, or other costs
identified with the Federal surplus property acquisition.
Passed, approved and adopted this 6th day of February 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0.
Iowa League of Cities Conference: City Manager recommending approval of submitting a bid to the
Iowa League of Cities, including a letter of support, to host the annual conference in 2010 and the
appointment of a City Council liaison, presented and read. Michalski moved that the communication be
received and filed and approved submittal of the bid and approved the appointment of Council Member
Michalski as the liaison. Seconded by Cline. Motion carried 7-0.
National League of Cities: Communication from the National League of Cities advising of the
appointment of City Council Member Ann Michalski to the 2006 Human Development Steering Committee
for the National League of Cities, presented and read. Cline moved that the communication be received
and filed and congratulated Council Member Michalski. Seconded by Braig. Motion carried 7-0.
Convention and Visitors Bureau: City Manager recommending that a work session be scheduled for
Monday, February 20, 2006 regarding the Dubuque Area Chamber of Commerce Convention and Visitors
Bureau three year plan and budget, presented and read. Michalski moved that the communication be
received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0.
Long Range Planning Advisory Commission: Corporation Counsel submitting an ordinance deleting the
requirement of an alternate City Council Member appointment to the Long Range Planning Advisory
Commission, presented and read. Connors moved that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
An Ordinance Amending City of Dubuque Code of Ordinances Section 36-4 Long Range Planning
Advisory Committee Created; Composition, deleting the requirement of an appointment of an alternate City
Council Member, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 9-06
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 36-4 LONG-RANGE PLANNING
ADVISORY COMMITTEE CREATED; COMPOSITION, DELETING THE REQUIREMENT OF AN
APPOINTMENT OF AN ALTERNATE CITY COUNCIL MEMBER
Section 1. City of Dubuque Code of Ordinances § 36-4 is amended to read as follows:
Sec. 36-4. Long -Range Planning Advisory Commission Created; Composition:
There is hereby created a city long-range planning advisory commission, which shall consist of seven (7)
members including a member of the city council designated by the council and six (6) residents of the city
appointed by the city council who shall be qualified by their knowledge, experience and ability to contribute
to the city's long-range planning and development efforts.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 10th day of February, 2006.
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Jeanne F. Schneider, City Clerk
1t 2/10
Connors moved 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 finally passed be suspended. Seconded
by Michalski. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance.
Seconded by Braig. Motion carried 7-0.
February 20, 2006 City Council Meeting: City Manager recommending approval of an ordinance that sets
February 20, 2006 as the date of the second regular City Council meeting in February, presented and
read.
An Ordinance providing that the second regular meeting of the City Council in February, 2006 shall be
February 20, 2006, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 10-06
PROVIDING THAT THE SECOND REGULAR MEETING OF THE CITY COUNCIL IN FEBRUARY, 2006,
SHALL BE FEBRUARY 20, 2006
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 2-22 of the City of Dubuque Code of Ordinances notwithstanding, the second regular
meeting of the City Council in February, 2006, shall be February 20, 2006;
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 6th day of February 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 10th day of February, 2006.
Jeanne F. Schneider, City Clerk
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Jones moved 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 finally passed be suspended. Seconded by
Braig. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by
Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski shared that the Iowa League of Cities meeting was very informative. Buol stated that the
Washington Chamber briefings and conversations with Congressmen were good. Braig thanked the
Chamber for their impressive setup.
PUBLIC INPUT
Lou Oswald, 1080 Nowata, expressed appreciation to the Council for their hard work and time
commitment. He also questioned the majority of Human Rights Commissioners being present at this
meeting without a public notice and stated he felt it was a violation of the open meetings law. Corporation
Counsel Lindahl clarified that there was no deliberation or action taken by that body and therefore their
attendance at the City Council meeting did not constitute a public meeting.
At 8:30 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition —
Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0.
At 9:37 P.M. Council reconvened regular session stating that staff had been given proper direction.
19
There being no further business, Braig moved to adjourn. Seconded by Connors. Motion carried 7-0.
The meeting adjourned at 9:38 P.M.
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/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 6, 2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, Corporation Counsel Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called for the
purpose of discussing such matters which may properly come before the Council.
Invocation was given by President Ken Daughters, Emmaus Bible College.
Proclamation: Parent Leadership Month (February 2006) received by Julie Woodyard.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/29; City
Council of 1/12, 1/17 and 1/30; Civil Service Commission of 12/16; Environmental Stewardship
Advisory Commission of 1/3; Historic Preservation Commission of 1/19; Housing Commission of
11/22; Human Rights Commission of 12/12; Investment Oversight Advisory Commission of 1/25;
Library Board of 12/15; Long Range Planning Advisory Commission of 1/18; Mechanical Code
Board of 10/6; Park and Recreation Commission of 1/10; Zoning Board of Adjustment of 1/26,
upon motion received and filed.
Investment Oversight Commission submitting the 51st Quarterly Report, upon motion received
and filed.
Substance Abuse Services Center Second Quarter Report for Fiscal Year 2006, upon motion
received and filed.
Library Board of Trustees Update from Meeting of January 26, 2006, upon motion received and
filed.
Proofs of publication of City Council Proceedings of 12/5, 1/3, 1/12 and 1/17; Proofs of
publication of List of Claims and Summary of Revenues for months ending November 30, 2005
and December 31,2005, upon motion received and filed.
Notice of Claims/Suits: Stacey Duster for vehicle damage; Vincent and Marjorie Erhart for
property damage; Jerry Grutz for property damage; Maureen Schulz for personal injury; Donald
Stumpf for personal injury; Paul J. Uhlrich for vehicle damage; Union Insurance Company for
property damage; Wells Fargo Bank Minnesota vs City of Dubuque, et ai, upon motion received
and filed and referred to Legal for investigation and report.
Corporation Counsel advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bernice Breitfelder for
property damage; Mary V. Kearney for personal injury; Stacey Duster for vehicle damage, upon
motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Vincent and Marjorie Erhart for
property damage and the claim of Paul Uhlrich for vehicle damage and direct the Finance
1
Department to issue payment, upon motion received and filed and concurred and Finance
Department to issue payment.
Corporation Counsel recommending denial of the claim of Jesse Rans for property damage,
upon motion received and filed and concurred.
Corporation Counsel recommending that the claim of Jerry Grutz for property damage be
referred to the Control Board of the Dubuque Drug Task Force, upon motion received and filed
and concurred.
Governor's Traffic Safety Grant: City Manager recommending approval of the submission of a
Governor's Traffic Safety Grant application for special traffic enforcement from April 1, 2006 to
September 30, 2006, upon motion received and filed and approved recommendation.
Synergy Court Construction Project: City Manager recommending acceptance of the Synergy
Court Construction Project as completed by Top Grade Excavating, Inc., in the final contract
amount of $410,342.13., upon motion received and filed. Jones moved adoption of Resolution
No. 30-06 Accepting the Synergy Court DICW - Street and Utilities Construction Project and
Resolution No. 31-06 Approving estimate. Seconded by Connors. Motion carried 7-0.
Sixth Street, Seventh Street and Washington Park Reconstruction/Renovation Project: City
Manager recommending acceptance of the Sixth Street, Seventh Street and Washington Park
Reconstruction/Renovation Project as completed by Portzen Construction in the final contract
amount of $786,666.02, upon motion received and filed. Jones moved adoption of Resolution
No. 32-06 Accepting the 6th and ih Street Reconstruction and the Washington Park Renovation
Project and Resolution No. 33-06 Approving final estimate. Seconded by Connors. Motion
carried 7-0.
Eagle Street and Lindberg Terrace Sanitary Sewer Reconstruction Project: City Manager
recommending acceptance of the Eagle Street and Lindberg Terrace Sanitary Sewer
Reconstruction Project as completed by McDermott Excavating in the final contract amount of
$55,270.02, upon motion received and filed. Jones moved adoption of Resolution No. 34-06
Accepting improvement and Resolution No. 35-06 Approving final contract amount. Seconded by
Connors. Motion carried 7-0.
Mediacom: Communication from Kathleen McMullen, Area Manager of Mediacom, advising of
channel changes to be effective February 20, 2006, upon motion received and filed.
Fiscal Year 2006 Annual Action Plan - Amendment #3: City Manager recommending approval of
Amendment #3 to the Fiscal Year 2006 Annual Action Plan for expansion of the Historic
Preservation Homeowner Grant Program to include non-profit organizations providing residential
facilities to HUD income-eligible tenants and communication from the Historic Preservation
Commission recommending approval of a proposed change to the Historic Preservation
Homeowner Grant Program to include non-profit organizations providing residential facilities to
HUD income-eligible tenants and to establish the Historic Preservation Housing Grant Program,
upon motion received and filed. Jones moved adoption of Resolution No. 36-06 Approving the
Fiscal Year 2007 (Program Year 2006) Annual Plan - Amendment 3 for Community Development
Block Grant (CDBG) Funds. Seconded by Connors. Motion carried 7-0.
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Dubuque Area Chamber of Commerce: Communication from Steward Sandstrom, President and
CEO of the Dubuque Area Chamber of Commerce, regarding the River Pointe Condominium
Project, upon motion received and filed.
East Central Intergovernmental Association: Communication from Kelley Hutton Deutmeyer, East
Central Intergovernmental Association, regarding the Keyline transfer I drop off location at the
Dubuque Kennedy Mall, upon motion received and filed and referred to the City Manager.
Downtown Dubuque Design Guidelines: City Manager recommending approval of a Historic
Resource Development Program (HRDP) Grant Application in the amount of $13,000 for phase
one of development of the Downtown Dubuque Design Guidelines Manual, a goal of the 2004
Downtown Dubuque Master Plan, upon motion received and filed. Jones moved adoption of
Resolution No. 37-06 Approving the submittal of an application for Historic Resource Development
Program (HRDP) Grant Funds to the State Historical Society of Iowa for Downtown Dubuque
Design Guidelines: Phase 1 (Streetscape/Landscape Guidelines). Seconded by Connors. Motion
carried 7-0.
White Water Creek Bridge: City Manager recommending approval of a new site for the White
Water Creek Bridge at the Bergfeld Recreation Area, upon motion received and filed and
approved recommendation.
Citizen Communication: Communication from Sister Margaret Ann Willging regarding the
possibility of a Wal-Mart at the site of the former meat packing plant, upon motion received and
filed.
Comprehensive Plan Update: Communication from the Long Range Planning Advisory
Commission submitting the proposed schedule for the 2006 update of the Dubuque
Comprehensive Plan, upon motion received and filed.
Request for Proposal (RFP) for Professional Auditing Services: City Manager recommending
approval of the issuance of a Request for Proposals for professional auditing services for fiscal
years ending June 30, 2006 through June 30, 2010, upon motion received and filed.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development (HUD) advising that the City's Fiscal Year 2006 allocation for
the Community Development Block Grant Program is $1,256,479, upon motion received and filed.
National League of Cities Legal Defense: City Manager recommending approval of the
contribution of $198 to the National League of Cities (NLC) Legal Defense Fund, upon motion
received and filed and approved recommendation.
Ice Harbor Marina Grant: City Manager recommending approval of a revised project scope for
the Iowa Department of Natural Resources (IDNR) Boating Infrastructure Grant for the Ice Harbor
Marina Project to provide for the construction of eight transient slips in the Ice Harbor, upon motion
received and filed and approved recommendation.
Long Range Planning Advisory Commission: Communication from the Long Range Planning
Advisory Commission recognizing the commitment of the Envision 2010 Steering Committee, the
sponsors, and the many volunteers for their efforts to successfully engage citizens in the
community visioning process, upon motion received and filed.
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Job Access Contract: City Manager recommending approval of a contract with A-OK Yellow Cab
Company for the purpose of providing evening, weekend, and peak time transportation service to
Area Residential Care using Job Access Reverse Commute (JARC) funding, upon motion
received and filed and approved recommendation.
Railroad Revolving Loan and Grant Program: City Manager recommending approval of an
application in the amount of $750,000 to the Iowa Department of Transportation for the
construction of a railroad lead line and spur in the Dubuque Industrial Center West, upon motion
received and filed. Jones moved adoption of Resolution No. 38-06 Authorizing the filing of an
application to the Iowa Department of Transportation. Seconded by Connors. Motion carried 7-0.
409 Burch Street (Tabled on January 3, 2006): City Manager submitting an update on the
property located at 409 Burch Street and recommending that due to the weather this item be re-
tabled to May 20, 2006, upon motion received and filed and approved recommendation to table to
5/20/06.
International Institute of Municipal Clerks: Notification from the International Institute of Municipal
Clerks that City Clerk Jeanne Schneider has been recertified through 2009, upon motion received
and filed.
Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Manager recommending
acceptance and approval of Acknowledgement/Settlement Agreements for Econofoods,
Dempsey's and Molly's Pub, Kwik Stop, and Puff-N-Snuff and assessment of a $300 penalty for
their first tobacco compliance violations and acceptance of the Acknowledgement/Settlement
Agreements for Ron's Discount Smokes and Hartig Drug Company and assessment of a $1,500
penalty for their second tobacco compliance violations, upon motion received and filed and
approved recommendation.
PEG Access Capital Grant Expenditure: City Manager recommending approval for funding in the
amount of $36,800 for the Capital Grant for Access Equipment and Facilities, upon motion
received and filed and approved recommendation.
Franchise Fee Amicus Brief: Corporation Counsel recommending approval of the expenditure of
approximately $3,000 for preparation of an amicus brief to the Iowa Supreme Court on behalf of
the cities in Iowa with franchise fees, upon motion received and filed and approved
recommendation.
Alcoholic Beverages Division: Communication from Lynn M. Walding, Administrator of the
Alcoholic Beverages Division, advising that they have denied the liquor license application for the
Water Hole, upon motion received and filed.
Justice Assistance Grant: City Manager recommending approval of the submission of the 2006
Justice Assistance Grant (JAG) application to the U.S. Department of Justice Programs in the
amount of $29,008, upon motion received and filed and approved recommendation.
Request for Extension - Vision Iowa: City Manager submitting a letter to the Vision Iowa Board
providing an update on several projects and requesting an extension on three projects, upon
motion received and filed and approved letter.
4
2006 State Legislative Issues: City Manager recommending approval of an amendment to the
2006 State Legislative Issues to include language requesting that the Code of Iowa be amended
to clarify that a franchise fee may be based on the gross revenue from the sale of the utility's
product and that the fees that have been collected under franchise agreements were legal, upon
motion received and filed and approved recommendation.
Quarterly Investment Report: City Manager submitting the December 31, 2005 Quarterly
Investment Report, upon motion received and filed.
University Avenue Embankment Failure: City Manager approval to request consideration for
Federal Emergency Relief Funding to complete permanent repair work for the University Avenue
Embankment Failure project, upon motion received and filed and approved recommendation.
Residential Parking Permit District - West 16th Street / Catherine Street: City Manager
recommending that a request to add West 16th Street and Catherine Street to Residential Parking
Permit District "G" be denied, upon motion received and filed and approved recommendation.
U.S. Department of Housing and Urban Development: Communication from the Department of
Housing and Urban Development regarding the City's recent audit report, upon motion received
and filed.
3-M Development, Ltd.: Communication from David L. Clemens, representing 3-M Development,
Ltd., requesting that the City Council's action to delay the development of the Dubuque Brewing
and Malting Company Building be rescinded immediately, upon motion received and filed.
Dubuque Comprehensive Plan: Communication from Lou Oswald regarding the Dubuque
Comprehensive Plan, upon motion received and filed.
ConAgra Foods: City Manager recommending approval of a request from ConAgra Foods to
construct a third storage tank on property leased from the City subject to two conditions, upon
motion received and filed and approved recommendation.
National Community Development Association Conference: Communication from Housing and
Community Development Director David Harris that Aggie Tauke attended the National
Community Development Association (NCDA) Winter Conference, upon motion received and filed.
Dubuque County Historical Society: City Manager submitting a letter to Jerry Enzler, Dubuque
County Historical Society, in support of an application to the Iowa Department of Cultural Affairs,
upon motion received and filed and approved letter.
Business Licenses: Jones moved adoption of Resolution No. 39-06 Granting the issuance of a
Class "B" Beer Permit to Hartig Drug #4, Hy-Vee #2, Econo Foods #471, Lee's 76/West Locust
Mart and Oky Doky #8 and Resolution No. 40-06 Granting the issuance of a Class "C" Beer/Liquor
License to Dubuque Mining Company, Hammerheads Bar/Billiards, Goetz's, Tony's Place, and
Pusateri's; a Class "B" Wine Permit to Econo Foods #471, Hartig Drug #4, and Hy-Vee #2; and
Class "B" Native Wine to Hy-Vee Gas #2. Seconded by Connors. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
5
Fiscal Year 2007 Operating Budget: City Manager recommending that a public hearing be set for
Thursday, March 2, 2006 to consider adoption of the Fiscal Year 2007 Operating Budget and
Capital Improvement Program, upon motion received and filed. Michalski moved adoption of
Resolution No. 41-06 Setting the date for the public hearing on the Fiscal Year 2007 budget for the
City of Dubuque for 3/2/06 at a meeting to commence at 6:15 P.M. in the public library auditorium
and that the City Clerk publish notice in the manner required by law and Resolution No. 42-06
Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal
Years 2007 through 2011 for the City of Dubuque for 3/2/06 at a meeting to commence at 6:15
P.M. in the public library auditorium and that the City Clerk publish notice in the manner required
by law. Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission: Airport Commission (One four-year term through 9/14/10) Applicants: Charles
Dauod, J.K. Hanson III, Dan Nicholson Charles Dauod spoke requesting consideration for
appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Garfield Place Urban Revitalization Area: Proof of publication on notice of hearing to consider
approval of an amended and restated Garfield Place Urban Revitalization Area to add two
adjoining lots for a proposed 12-room single-room occupancy facility at 601 Garfield Avenue and
to extend the duration of the plan and City Manager recommending approval, upon motion
received and filed.
Communication from the Long Range Planning Advisory Commission recommending expansion
of the Garfield Place Urban Revitalization District, upon motion received and filed.
Request of Ted Stackis that his property at 525/527 Garfield not be included in the Urban
Revitalization Area.
An Ordinance Establishing the Amended and Restated Garfield Place Urban Revitalization Area
as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read.
Upon motion action on this item was tabled.
Dubuque County Historical Society Lease Agreement: Proof of publication on notice of hearing to
consider disposing of real property by lease to the Dubuque County Historical Society and City
Manager recommending approval, upon motion received and filed.
Jerry Enzler of the National Mississippi River Museum spoke in appreciation of this action.
Cline moved adoption of Resolution No. 43-06 Disposing of an interest in real property by lease
agreement to the Dubuque County Historical Society. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Assistant City Attorney: Corporation Counsel recommending approval of the selection of Crenna
Brumwell as the Assistant City Attorney, effective March 20, 2006, upon motion received and filed.
Lindahl introduced Brumwell to the City Council and expressed appreciation to current Assistant
City Attorney Bill Blum for his thirty-three years of service.
6
Cline moved adoption of Resolution No. 44-06 Approving the appointment of Crenna M.
Brumwell as Assistant City Attorney. Seconded by Connors. Motion carried 7-0.
Human Rights Ordinance: Communication from Judy Haley Giesen, Chair of the Dubuque
Human Rights Commission, recommending adoption of an amendment to the Human Rights
Ordinance to add sexual orientation to the ordinance and to include an exemption for religious
educational institutions in employment, upon motion received and filed.
Ordinance No. 8-06 Amending Chapter 27, Human Relations, of the City of Dubuque Code of
Ordinances by adding two new paragraphs to Section 27-1 defining "Sexual Orientation" and
defining "Religious Education Institution" and amending Sections 27-51(2),27-61(1)-(2),27-71(1)-
(3), 27-72, 27-91(1)-(3), 27-131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, and 27-145(1)-(3)
prohibiting discrimination based on "Sexual Orientation," presented and read. Braig moved 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 finally passed be suspended. Seconded
by Jones. Motion carried 6-1 with Cline voting Nay. Braig moved final consideration and passage
of the Ordinance. Seconded by Jones. Motion carried 6-1 with Cline voting Nay.
Storage Container Ordinance: City Manager recommending approval of an ordinance to allow
for the permitting and use of exterior storage containers and trailers; Communication from Steward
Sandstrom requesting to address the City Council regarding the proposal to regulate exterior
storage containers; Communication from Michael J. Coyle, representing Bill and Carol Denlinger,
requesting to address the City Council regarding the proposed ordinance, upon motion received
and filed.
Steward Sandstrom, President of the Dubuque Chamber of Commerce, spoke urging opposition
to the proposed Ordinance as it is unenforceable and can be addressed through existing
Ordinances.
Attorney Mike Coyle, representing Bill and Carol Denlinger, spoke urging a "No" vote.
An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque
Code of Ordinances by adopting a new Article VII. Exterior Storage Containers and Storage
Trailers establishing requirements for the use of exterior storage containers and storage trailers,
presented and read.
Council discussed the various aspects of the proposed Ordinance including whether the same
objective could be accomplished with current laws. Staff explained part of the purpose was to
centralize enforcement and to have site plans available to know what is in the various containers.
Connors moved 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 finally passed be
suspended. Seconded by Michalski. Motion failed due to lack of a three-fourths vote: Yeas-
Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch.
Connors moved that this be considered the first reading of the Ordinance and directed that one
year from the effective date of the Ordinance the committee be reconvened to evaluate the
effectiveness of the Ordinance. Seconded by Michalski. Carried by the following vote: Yeas-
Buol, Connors, Jones, Michalski. Nays-Braig, Cline, Lynch.
Arbor Estates Phase III Lift Station: City Manager recommending that any action to acquire an
easement for the proposed lift station on property owned by John P. and Pamela J. Gartner be
postponed to a later date as staff intends to approve the installation of a lift station in the Arbor
Estates subdivision; Communication from Davin C. Curtiss requesting to address the City Council
on behalf of the Forest Grange Property Owner's Association, regarding the proposed placement
of a lift station on Association property and two letters regarding the issue, upon motion received
and filed and approved recommendation.
7
Sexual Offender Residency Restrictions: City Manager recommending that the City of Dubuque
monitor the current restrictions and any upcoming actions by the State of Iowa Legislature and to
not create a local ordinance at this time regarding sexual offender residency restrictions, upon
motion received and filed and approved recommendation.
Unified Development Code: City Manager recommending approval of terminating the contract
with Lane Kendig, Inc. for creation of a Unified Development Code and the drafting of a new
Request for Proposals, upon motion received and filed and approved recommendation.
Federal Building Application: City Manager recommending approval of the submission of an
application to the Federal Parks Service and GSA for conveyance of the Federal Building to the
City, upon motion received and filed. Connors moved adoption of Resolution No. 45-06
Authorizing application to the General Services Administration for historic monument conveyance
of the Federal Building to the City of Dubuque. Seconded by Jones. Motion carried 7-0.
Iowa League of Cities Conference: City Manager recommending approval of submitting a bid to
the Iowa League of Cities, including a letter of support, to host the annual conference in 2010 and
the appointment of a City Council liaison, upon motion received and filed and approved submittal
of the bid and approved the appointment of Council Member Michalski as the liaison.
National League of Cities: Communication from the National League of Cities advising of the
appointment of City Council Member Ann Michalski to the 2006 Human Development Steering
Committee for the National League of Cities, upon motion received and filed and congratulated
Council Member Michalski.
Convention and Visitors Bureau: City Manager recommending that a work session be scheduled
for Monday, February 20, 2006 regarding the Dubuque Area Chamber of Commerce Convention
and Visitors Bureau three year plan and budget, upon motion received and filed and approved
recommendation.
Long Range Planning Advisory Commission: Corporation Counsel submitting an ordinance
deleting the requirement of an alternate City Council Member appointment to the Long Range
Planning Advisory Commission, upon motion received and filed. Ordinance No. 9-06 Amending
City of Dubuque Code of Ordinances Section 36-4 Long Range Planning Advisory Committee
Created; Composition, deleting the requirement of an appointment of an alternate City Council
Member, presented and read. Connors moved 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 finally passed be suspended. Seconded by Michalski. Motion carried 7-0. Connors
moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-
O.
February 20, 2006 City Council Meeting: City Manager recommending approval of an ordinance
that sets February 20, 2006 as the date of the second regular City Council meeting in February,
upon motion received and filed. Ordinance No. 10-06 Providing that the second regular meeting
of the City Council in February, 2006 shall be February 20, 2006, presented and read. Jones
moved 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 finally passed be suspended.
Seconded by Braig. Motion carried 7-0. Jones moved final consideration and passage of the
Ordinance. Seconded by Braig. Motion carried 7-0.
8
.
COUNCIL MEMBER REPORTS
Michalski shared that the Iowa League of Cities meeting was very informative. Buol stated that
the Washington Chamber briefings and conversations with Congressmen were good. Braig
thanked the Chamber for their impressive setup.
PUBLIC INPUT
Lou Oswald, 1080 Nowata, expressed appreciation to the Council for their hard work and time
commitment. He also questioned the majority of Human Rights Commissioners being present at
this meeting without a public notice and stated he felt it was a violation of the open meetings law.
Corporation Counsel Lindahl clarified that there was no deliberation or action taken by that body
and therefore their attendance at the City Council meeting did not constitute a public meeting.
At 8:30 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1)(c)G) 2005 Code of Iowa.
At 9:37 P.M. Council reconvened regular session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 9:38 P.M.
Jeanne F. Schneider, CMC
City Clerk
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9