Minutes City Council 2 7 05
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, February 7, 2005
Council met in Special Session at 5:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl.
Absent: City Manager Van Milligen
Mayor Duggan read the call and stated this is a special session of the City Council called for the
purpose of the Convention and Visitors Bureau Presentation.
Steward Sandstrom, President and CEO of the Dubuque Chamber of Commerce and
Convention and Visitors Bureau, introduced Sue Czeshinski, Convention and Visitors Bureau
Director, and staff members present. Czeshinski reviewed the marketing and promotional
activities of the past year as compared to what is proposed for Fiscal Year 2005 - 2006. Various
aspects of the FY 2005 - 2006 budget were also discussed and increases/decreases explained.
There being no further business, upon motion meeting adjourned at 6:06 P.M.
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 7, 2005
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl.
Absent: City Manager Van Milligen
Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor.
Proclamation: Downtown Kiwanis Club Month received by Club President Carolyn Bennett
Stork.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 1/17; Five Flags Commission of 11/15 and 1/5;
Historic Preservation Commission of 1/20; Human Rights Commission of 12/13; Housing
Commission of 1/11; Housing Code Appeals Board of 8/17; Investment Oversight Advisory
Commission of 1/26; Library Board of 12/16; Park and Recreation Commission of 1/11; Plumbing
Board of 1/27; Transit Board of 1/13, upon motion received and filed.
Proof of publication of City Council Proceedings of January 3 and 17,2005 (on file in City Clerk's
Office), upon motion received and filed.
Printed Council Proceedings for December, 2004, upon motion received and filed and approved
as printed.
Substance Abuse Services Center (SASC) Second Quarterly Report, upon motion received and
filed.
Investment Oversight Advisory Commission 4ih Quarterly Report, upon motion received and
filed.
Notice of Claims/Suits: Clarence M. Brehm for personal injury; Sheri Clancy for vehicle damage
and personal injuries; Jennifer Huseman for vehicle damage; Mary Jo Roling-Danner for unlocking
of car door; Rose Ruff for vehicle damage; Mr. and Mrs. James Matheos for property damage;
Elmer J. Robinson for property damage, upon motion received and filed and referred to Legal for
investigation.
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: Clarence M. Brehm for
personal injury; Shari Clancy for personal injury/vehicle damage; and Jennifer Huseman for
vehicle damage, upon motion received and filed and concurred.
Corporation Counsel recommending approval of the claim of Mary Jo Rolling-Danner for vehicle
damage and directing Finance Department to issue payment, upon motion received and filed and
concurred and directed Finance Department to issue payment.
Corporation Counsel recommending denial of the claim of Eric Wilson for vehicle damage, upon
motion received and filed and concurred.
Community Development Advisory Commission: Communication from Walter A. Pregler advising
that he does not intend to re-apply for appointment to another term on the Community
Development Advisory Commission, upon motion received and filed.
Mediacom: Communication from Kathleen McMullen, Area Manager of Mediacom
Communications Corporation, thanking the Mayor and City Council for the opportunity to address
the Council regarding the status of franchise renewal negotiations and providing a brief update on
Mediacom's investment in Dubuque and City Manager response to Kathleen McMullen, Area
Manager of Mediacom Communications, upon motion received and filed.
Citizen Communication: Communication from Carol and Bill Denlinger requesting consideration
of a walkway overpass over the Northwest Arterial to help keep the children safe as they walk to
and from the new middle school, upon motion received and filed and referred to the City Manager.
Cline requested that signage for pedestrian crossings at intersections along Highway 20 be looked
at for safety purposes.
Fiscal Year 2005 Annual Action Plan - Amendment 2: City Manager recommending approval of
changes in the City's Community Development Block Grant (CDBG) Fiscal Year 2005 Annual
Action Plan to allow funds to be used to meet citizens' needs and facilitate the timely expenditure
of funds, upon motion received and filed. Buol moved adoption of Resolution No. 29-05
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Approving an amended and restated Fiscal Year 2005 (Program Year 2004) Annual Plan -
Amendment 2 for Community Development Block Grant (CDBG) funds. Seconded by Connors.
Motion carried 7-0.
Chestnut Street Reconstruction Project: City Manager recommending acceptance of the
Chestnut Street Reconstruction Project as completed by W.C. Stewart Construction Company in
the final contract amount of $480,605.23 and approving the preliminary schedule of final
assessments, upon motion received and filed. Buol moved adoption of Resolution No. 30-05
Accepting improvement; Resolution No. 31-05 Approving final contract amount and Resolution
No. 32-05 Approving preliminary schedule of final assessments. Seconded by Connors. Motion
carried 7-0.
Holliday Addition - Acceptance of Public Improvements: City Manager recommending
acceptance of the public improvements recently completed in Holliday Addition by the developer,
QHQ Properties, upon motion received and filed. Buol moved adoption of Resolution No. 33-05
Accepting improvements in Holliday Addition. Seconded by Connors. Motion carried 7-0.
Tyler Road - Clarification of Warranty Deed: City Manager recommending approval of a
Correction Warranty Deed to correct an error in the legal description in a certain Warranty Deed
between the City of Dubuque and the Dubuque Community School District, upon motion received
and filed. Buol moved adoption of Resolution No. 34-05 Accepting a conveyance of Lot B of
Block 8 in Mettel-Link Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by
Connors. Motion carried 7-0.
Iowa 32 (Southwest Arterial) - Consultant Design Contract: City Manager recommending
approval of the Consultant Professional Services Agreement for Earth Tech to complete
Preliminary Engineering Design Services for improvement of Iowa Highway 32 (Southwest
Arterial), upon motion received and filed. Buol moved adoption of Resolution No. 35-05
Approving the Consultant Professional Services Agreement for Earth Tech, Inc. to complete
preliminary design services for the improvement of Iowa Highway 32 (Southwest Arterial).
Seconded by Connors. Motion carried 7-0.
Water Works Park: City Manager recommending approval of the submission of a grant
application to the Iowa Department of Natural Resources (IDNR) for a Water Recreation Access
Grant to reconstruct the boat ramp and trailer parking at Water Works Park, upon motion received
and filed. Buol moved adoption of Resolution No. 36-05 Authorizing an application for a Water
Recreation Access Grant for boat ramp and parking at Water Works Park. Seconded by Connors.
Motion carried 7-0.
Upper Main Street Historic District: Historic Preservation Commission recommending City Council
approval of the nomination of the Upper Main Street Historic District to the National Register of
Historic Places and forwarding of the nomination to the State Nominations Review Committee,
upon motion received and filed and approved nomination.
Eagle Point Water Plant Elevator ADA Renovation Improvement Project: City Manager
recommending acceptance of the Eagle Point Water Plant Elevator ADA Renovation Improvement
Project as completed by Klauer Construction Company in the final contract amount of $137,447,
upon motion received and filed. Buol moved adoption of Resolution No. 37-05 Accepting
improvement and Resolution No. 38-05 Approving final contract amount. Seconded by Connors.
Motion carried 7-0.
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Water Distribution Geographical Information System (GIS) Update: City Manager recommending
approval of a contract with Missman Stanley and Associates to perform the work of updating the
Geographical Information System maps in Water Distribution, upon motion received and filed and
approved recommendation.
Dubuque Industrial Center West 3rd Addition - Contract Amendments: City Manager
recommending approval of amendments #3 and #4 to the contract with IIW for design and
engineering of the proposed 150 acre expansion of Dubuque Industrial Center West, upon motion
received and filed and approved recommendation.
Governor's Traffic Safety Grant: City Manager recommending approval of the submission of an
application for a Governor's Traffic Safety Grant in the amount of $20,166 for two hundred hours
of traffic safety reimbursement overtime funds and the purchase of four in-car video systems,
upon motion received and filed and approved recommendation.
Community Development Block Grant Funding: Communication from the Community
Development Advisory Commission requesting City Council's support for continued funding of
future Community Development Block Grant programs, upon motion received and filed.
Heron Pond Fishing Pier Project: City Manager recommending acceptance of the Heron Pond
Fishing Pier Project as completed by Dubuque Barge and Fleeting Service in the final contract
amount of $53,511.02, upon motion received and filed. Buol moved adoption of Resolution No.
39-05 Accepting improvement and Resolution No. 40-05 Approving final contract. Seconded by
Connors. Motion carried 7-0.
Legislative Correspondence: City Manager recommending approval of a letter to State
Representative Jeff Elgin regarding the proposed increase in IPERS contribution rate and letter to
area legislators encouraging support for continued existence of utility franchise fees, upon motion
received and filed and approved recommendation.
Industrial Sewer Use Agreement: City Manager recommending approval of an Industrial Sewer
Use Agreement with Interstate Power and Light Co. - Dubuque Power Station similar to the long-
term sewer use agreements the City has with Rousselot, Swiss Valley Farms and Inland Protein,
upon motion received and filed and approved recommendation.
Madison Street Sanitary Sewer Extension Project: City Manager recommending approval of the
final schedule of assessments for the Madison Street Sanitary Sewer Extension Project, upon
motion received and filed. Buol moved adoption of Resolution No. 41-05 Adopting the final
assessment schedule for the Madison Street Sanitary Sewer Extension Project including certain
information required by the Code of Iowa, specifically, the number of annual installments into
which assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the clerk to certify the final schedule and to publish notice
thereof. Seconded by Connors. Motion carried 7-0.
2004 Sidewalk Assessment Bid Packages #3 and #4: City Manager recommending approval of
the levy of assessments for Bid Packages #3 and #4 of the 2004 Sidewalk Assessment Project,
upon motion received and filed. Buol moved adoption of Resolution No. 42-05 Adopting the final
assessment schedule for the 2004 Sidewalk Assessment Project - Bid #3 and Bid #4 Project
including certain information required by the Code of Iowa, specifically, the number of annual
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installments into which assessments are divided, the interest on all unpaid installments, the time
when the assessments are payable and directing the clerk to certify the final schedule and to
publish notice thereof. Seconded by Connors. Motion carried 7-0.
Quarterly Investment Report: City Manager submitting the December 31, 2004 Quarterly
Investment Report, upon motion received and filed.
Bee Branch Creek Restoration Alignment Study Report: Communication to Wayne Klostermann
in response to concerns with the Bee Branch Creek Restoration Alignment Study Report, upon
motion received and filed.
Department of Housing and Urban Development: Communication from the Department of
Housing and Urban Development (HUD) advising that the City has been selected to receive
funding for the Fiscal Year 2004 Housing Choice Voucher Family Self Sufficiency program to
support one homeownership renewal position and one regular renewal position, upon motion
received and filed.
Business Licenses: Buol moved adoption of Resolution No. 43-05 Granting the issuance of a
Class "C" Beer Permit to Dubuque Discount Gas (Central), Oky Doky, Dubuque Discount Gas
(Hwy 20), EI Paisa no, Econo Foods and Hartig Drug and Resolution No. 44-05 Granting the
issuance of a Class "B" Liquor License to Best Western Dubuque Inn; Class "C" Beer/Liquor
License to The Club House, Pusateri's, Hammerheads Bar/Billiards, Tony's Place, Town Clock
Inn, Goetz's, and Dubuque Mining Company; Class "B" Wine Permit to Hartig Drug, Econo Foods,
and Grape Harbor; and Special Class "C" Liquor License to Grape Harbor. Seconded by Connors.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Fiscal Year 2006 Annual Action Plan: City Manager recommending that a public hearing be set
for February 28, 2005 on the Fiscal Year 2006 Annual Action Plan, upon motion received and
filed. Cline moved adoption of Resolution No. 45-05 Setting a public hearing on the Program
Year 2005 (Fiscal Year 2006) Community Development Block Grant (CDBG) Annual Action Plan
and set public hearing for 2/28/05 at a meeting to commence at 6:30 p.m. in the public library
auditorium and direct the City Clerk to publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2006 Operating Budget and Capital Improvement Program: City Manager
recommending that a public hearing be set for March 8 or 9, 2005 to consider adoption of the
Fiscal Year 2006 Operating Budget and Capital Improvement Program, upon motion received and
filed. Cline moved adoption of Resolution No. 46-05 Setting the date for the public hearing on
Fiscal Year 2006 Budget for the City of Dubuque and Resolution NO.4 7 -05 Setting the date for the
public hearing on the Five Year Capital Improvement Program for Fiscal Years 2006 through 2010
for the City of Dubuque, with both dates set for 3/8/05 at a meeting to commence at 6:30 P.M. in
the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by
law. Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions: Community Development Advisory Commission (Three 3-year terms
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through 2/15/08 - terms of Oliver, Shaw and Pregler); Applicants: David Oliver, David Shaw.
No one spoke.
Appointments to the following Boards/Commissions:
Historic Preservation Commission (One unexpired three-year term through 7/1/05 - Old Main
District); Applicant: Mirdza E. Berzins. Upon motion Mirdza E. Berzins appointed to the
unexpired three year term on the Historic Preservation Commission, representing the Old Main
District, which term will expire 7/1/05.
TV Cable Regulatory Commission (One unexpired three-year term through 6/30/06 - term of
Ellis; two unexpired three-year terms - term of Pratt and one vacant); Applicants: Charlie Ellis,
Michael W. Pratt. Upon motion Charlie Ellis reappointed to an unexpired three year term which
will expire 6/30/06 and Michael W. Pratt reappointed to an unexpired three year term which will
expire 6/30/07.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Historic Preservation Revolving Loan Fund: City Manager recommending that the City Council
ratify their former action approving the Loan Agreement with Premier Bank and the $200,000
General Obligation Capital Loan Note for the Historic Preservation Revolving Loan Fund, upon
motion received and filed. Cline moved adoption of Resolution No. 48-05 Ratifying prior
proceedings to take additional action for the authorization of a loan agreement and the issuance of
$200,000 General Obligation Loan Notes. Seconded by Connors. Motion carried 7-0.
Five Flags HV AC Project: Proof of publication on notice of hearing on plans and specifications
and City Manager recommending award of the contract for the Five Flags HVAC Replacement
Project to Geisler Brothers Company in the contract amount of $480,181, upon motion received
and filed. Markham moved adoption of Resolution No. 49-05 Approving plans and specifications
and Resolution No. 50-05 Awarding contract. Seconded by Cline. Motion carried 7-0.
Indian Room Rest Room Renovation Project: Proof of publication on notice of hearing on plans
and specifications and City Manager recommending award of the contract for the Indian Room
Rest Room Renovation Project to Conlon Construction Company in the contract amount of
$33,900, upon motion received and filed. Cline moved adoption of Resolution No. 51-05
Approving plans and specifications and Resolution No. 52-05 Awarding contract. Seconded by
Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Amendments to the Human Relations Ordinance: Communication from the Human Rights
Commission recommending adoption of amendments to the Human Relations Ordinance that
would prohibit discrimination based on sexual orientation; Communication from Judy Haley
Giesen, Chair of the Human Rights Commission, requesting to address the Mayor and City
Council regarding the proposed sexual orientation amendment; Request from Michael Coty to
address the City Council regarding adding sexual orientation to Dubuque's nondiscrimination
policy; Kris Hall requesting the opportunity to address the City Council in support of changing the
City's nondiscrimination policy to include sexual orientation; Reverend Dr. Gwen Sayler requesting
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the opportunity to be heard in support of changing the nondiscrimination ordinance to include the
words "sexual orientation;" Sister Jordan Dahm, OSF, requesting to address the Council in
support of the amendment to include sexual orientation as a protected class in the City's
nondiscrimination policy and ordinance; Jerry Oakland requesting to address the City Council;
Robert J. Dunn, Ph.D., requesting to address the Council in support of changing the
nondiscrimination ordinance to include the words "sexual orientation;" Communication from Sid
Scott, Member of the Human Rights Sexual Orientation Subcommittee, requesting to address the
Council in support of changing the City's nondiscrimination ordinance to include "sexual
orientation;" Communication from Ellen Kaune, Sexual Orientation Subcommittee Member,
submitting a petition with in excess of 1,500 signatures in support of amending the current
nondiscrimination ordinance to include the category of sexual orientation; Communications from
Roger Maiers, Dan Abben, Sharon Kress, Theresa Cicciarelli, Dennis Runde II, Dale A. Ricke,
Clarke College Student Association, Kevin and Dianne Koch, Royal Hughes, Gwen Nilles, Lorie
Murphy-Freebolin, Stephanie Nelson, and Mary Gassman in support of changing the City's
nondiscrimination ordinance to include sexual orientation; Communications and petitions from
Gaye Grote, Duane and Jane Meyer, Rev. Msgr. Francis P. Friedl, Karen Earle, Bill and Colleen
Pasnik, Paul and Sara Dupont, William K. Hammel, Sheila Evarts, Emily Garrett, Audrey Nuti,
Pastor Kristian G. Kincaid, Ruth Becker, Pastor Dennis Schmitt, David and Miriam Ramse, Gerald
J. Koppes, Kelly Allen, Janice Weig, Charlotte and Rachel Boland, AI Pefley, and Eugene
Hingtgen, in opposition to changing the City's nondiscrimination ordinance to include sexual
orientation; Communication from the Executive Board Members of the Dubuque League of
Women Voters regarding the issue of changing the City's nondiscrimination policy to include
sexual orientation; upon motion received and filed.
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),27-101,27-131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, AND 27-145(1)-
(3) prohibiting discrimination based on "sexual orientation," presented and read.
Buol 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 the following vote: Yeas-Duggan,
Markham, Buol. Nays-Cline, Connors, Michalski, Nicholson.
Judy Hailey Giesen, 1600 Lori, as Chair of the Human Rights Commission, and Sister Jordan
Dahm, 3300 Windsor Ave., spoke requesting adoption of the proposed Ordinance.
Leon Jensen, 510 St. George Street, and Father Richard Schaefer, 1330 Iowa Street, spoke
requesting Council not adopt the proposed Ordinance.
Buol moved that this be considered the first reading of the Ordinance. Seconded by Michalski.
Motion failed due to the following vote: Yeas-Buol, Connors, Michalski. Nays-Cline, Duggan,
Markham, Nicholson.
Historic District Public Improvement Program Policy Guidelines: Communication from the Historic
Preservation Commission, in response to a request from the Four Mounds Foundation,
recommending that the Historic District Public Improvement Program (HDPIP) Policy Guidelines
be revised to include local landmark sites, upon motion received and filed and approved
recommendation.
Section 8 Program Funding: City Manager submitting information on recent and continuing
changes in the funding structure for the HUD Section 8 rental assistance program and actions
being taken by the Housing and Community Development Department and Housing Commission
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in response to the funding shortfall, upon motion received and filed and commended Staff for the
steps they've taken and requested that the City Council be kept informed.
West 32nd Street Detention Basin - Consultant Selection: City Manager recommending approval
of the selection of MSA Professional Services, Inc. to provide engineering and design services for
the West 32nd Street Detention Basin Project at a cost of $105,582, upon motion received and
filed and approved recommendation.
Putnam Street and Muscatine Street Stop Signs: City Manager recommending approval of the
installation of stop signs for traffic on Muscatine Street at Putnam Street, upon motion received
and filed. Ordinance No. 3-05 Amending the Code of Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on
Muscatine Street at Putnam Street, presented and read. Buol 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 Nicholson. Motion carried
7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson.
Motion carried 7-0.
U.S. General Services Administration: Communication from Michael T. Brincks, U.S. General
Services Administration (GSA~, advising of their intent to transfer control of the United States Post
Office Building at 350 West 6t Street and asking for confirmation of the City's continued interest in
acquisition of the facility, upon motion received and filed and referred to the City Manager.
COUNCIL MEMBER REPORTS
Michalski shared that Council and staff had a very worthwhile meeting with the state legislators in
Des Moines. Nicholson spoke about the legislation regarding the utility franchise fees.
There being no further business, upon motion meeting adjourned at 8:01 P.M.
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