Council Official Proceedings 2 6 06
25
Regular Session, February 6, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
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 Right~
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" 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 fiied. 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 ai,
presented and read. Jones moved that the
communications be received and filed and
referred to the Ctty Attorney for investigation and
report. Seconded by Connors. Motion carried 7-
o.
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.
Corporation Counsel recommending settle-
ment of the claim of Vincent and Ma~orie 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.
26
Regular Session, February 6, 2006
Governor's Traffic Safety Grant: City Manager
recommending approvai 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 61h 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
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
compieted 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
200512006 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
Regular Session, February 6, 2006
27
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
200512006 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 fiied. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 34-06
ACCEPTING THE LINDBERG TERRACE AND
EAGLE STREET SANITARY SEWER
RECONSTRUCTION PROJECT
Whereas, the contract for the Lindberg Terrace
and Eagie 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 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. 35-06
FINAL ESTIMATE
Whereas, the construction contract for the
Lindberg Terrace and Eagle Street Sanitary
Sewer Reconstruction Project, has been
compieted 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: Cijy Manager recommending
approval of Amendment #3 to the Fiscal Year
2006 Annual Action Plan for expansion of the
Historic Preservation Homeowner Grant
28
Regular Session, February 6, 2006
Program to include non-profit organizations
providing residential faciiities to HUD income-
eligible tenants and communication from the
Historic Preservation Commission recom-
mending 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 estabiish 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 Pian by
expanding the eiigible appiicants for the Historic
Preservation Homeowner Grant Program, and
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 Councii 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 I 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 I
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 Guideiines).
Section 2. That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicable to the proposed budget.
Regular Session, February 6, 2006
29
Passed, approved and adopted this 6th day of
February 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Cierk
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
fiied. Seconded by Connors. Motion carried 7-
O.
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 approvai 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, 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
30
Regular Session, February 6, 2006
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 Resoiution.
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
AcknowledgemenVSettlement Agreements for
Econofoods, Dempsey's and Molly's Pub, Kwik
Stop, and Puff-N-Snuff and assessment of a
$300 penalty for 1heir 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 fiied 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.
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, 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-
O.
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.
31
Regular Session, February 6, 2006
Residential Parking Permit District - West 16'h
Street / Catherine Street: City Manager
recommending that a request to add West 16'h
Street and Catherine Street to Residential
Parking Permit Disttict "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 deiay 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 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 Hartis
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-
O.
Dubuque County Histotical 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-
O.
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
Permi!.
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 76M1est 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
Wihereas, 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 authotized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C. BEER/LIQUOR LICENSE
The Apartment, L TD 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 Ave
Pusateri Enterptises Pusateris+
(Sunday Sale) 2400 Central Av
32
Regular Session, February 6, 2006
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
Hy-Vee, Jnc 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 312/06 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.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
setting Public Hearing for 312106 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
Regular Session, February 6, 2006
33
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 legaily 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 Historicai
Society For Adaptive Reuse of the Adams
Company Building and Site; and
WHEREAS, the City Council has heid 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 pubiic hearing
overruled all objections thereto.
NOW, THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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 ruies be reinstated
limiting discussion to the Council. Seconded by
Cline. Motion carried 7-0.
ACTION ITEMS
Assistant City Attomey: 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 Bili 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. Brumweil 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:
34
Regular Session, February 6, 2006
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 inciude an exemption for
religious educationai 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
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:
Reli9ious 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, coior, sex, age, national origin,
religion, or sexual orientation in the furnishing of
such accommodations, advantageslfacilities,
services or privileges.
(2) To directiy 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
Regular Session, February 6, 2006
35
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:
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 reguiarly 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 empioyment;
(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 comparabie 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, nationai
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, wijh respect to the
saie or rental of a dwelling that indicates any
preference, limitation, or discrimination based on
36
Regular Session, February 6, 2006
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:
(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
Regular Session, February 6, 2006
37
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of February, 2006.
Jeanne F. Schneider, City Clerk
1t2/10
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 opposijion
to the proposed Ordinance as it is unenforceable
and can be addressed through existing
Ordinances.
Attomey 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 couid 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 Councii 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, Michaiski.
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 Michaiski. 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, 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.
Federai 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 ADMINISTR-
ATION 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
38
Regular Session, February 6, 2006
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 Federai 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 regardiess 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 canry out
the foregoing resolution, including the preparing,
making, and fiiing of plans, appiications, reports,
and other documents; the execution,
acceptance, deiivery, 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 Ciine. 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 Ciine. 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
Regular Session, February 6, 2006
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.
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
39
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
1t2/10
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)0) 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.
There being no further business, Braig moved
to adjourn. Seconded by Connors. Motion
carried 7-0.
40
Regular Session, February 6, 2006
The meeting adjourned at 9:38 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t2/15
Approved:
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2006
2006
Adopted
Mayor
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Council Members
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Special Session, February 7, 2006
41
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 7,
2006
Council met in Special Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Buol; Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of discussing various City departmental
budgets.
The budgets for the following departments
were discussed: Human Rights Department;
Finance Department; Legal Department, City
Manager's Office; City Council; and City Clerk's
Office
Human Rights Department: Buol thanked the
Human Rights Director and staff for their
continued efforts for the past year. Leticia Rose-
Marin, United Dubuque Immigrant Alliance,
requested that minorities be included as trainers
in the proposed diversity-training program for
City employees. Marcia Sola, 60 North Algona,
spoke of the strong resource the City has in its
minority population and stressed that they be
empowered to co-facilitate the diversity training.
Finance Department: Cline questioned
whether the Finance Department had looked
into offering an even pay program. Finance
Director Ken TeKippe replied that they had not
as waterlsewer bills tend not to fluctuate the way
gas and electricity do. However, he stated the
City does offer automatic withdrawal for
payment of utility bills.
Legal Department: Corporation Counsel
Lindahl stated he was proposing to change the
name of the department to the City Attorney's
Office, along with changing his title from
Corporation Counsel to City Attorney.
City Manager's Office: Michalski stressed that
although the decision package to provide for a
part-time Management Intern was not
recommended for funding it should be
considered for next year. Mark Wahiert, Chair of
the Arts and Cultural Affairs Commission,
thanked the Council for their support and their
investment in Dubuque. Alexandra Pena, Loras
College, spoke of the accomplishments the
school had made due to the Arts and Culture
Program Grant they had received.
City Council: City Manager Van Milligen spoke
regarding the two decision packages
recommended for funding in the City Council
budget.
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 8:11
p.m.
Isl Jeanne F. Schneider, CMC
City Clerk
11 2115
2006
2006
Mayor
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42
Special Session, February 9, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Councii, Special Session, February g,
2006
Council met in Special Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Buol (arrived at 6:40 p.m.),
Council Members Braig, Cline, Connors, Jones,
Lynch, Michalski, City Manager Van Milligen
Mayor Pro- Tem Michalski read the call and
stated this is a special session of the City
Council called for the purpose of discussing
various City departmental budgets.
The budgets for the following departments
were discussed: Emergency Communications
Center, Emergency Management Office, Fire
Department, Police Department, and Building
Services Department.
Emergency Communications Center - Council
questioned whether the current staffing level
was adequate and Emergency Communications
Center Sandi Hutchcraft stated that it was.
Emergency Management - Michalski stated
that the City Council needs to be informed,
educated and involved in emergency situations.
Emergency Management Director Tom Berger
replied that training for Council Members is
planned within the next few months.
Fire Department - Bob Fisch, 722 West 11 th
Street, questioned whether there were plans for
additional fire stations on the west side of
Dubuque. Fire Chief Dan Brown responded that
is the purpose of the Municipal Fire and
Emergency Services Response and Deployment
Study. Chief Brown was directed to schedule
National Incident Management System (NIMS)
training for the City Council in March following
the budget process.
Police Department - Cline requested a dollar
for dollar comparison of the cost to provide two
additional Police Officers versus the amount of
overtime being paid. Police Chief Kim Wadding
stated there would be some savings in overtime,
but not significant. She also asked that this
decision package be looked at to see if it was
possible to add at least one Officer. Braig
questioned the update of the polygraph
equipment. Lynch questioned whether the
department was seeing an increase in identify
theft cases. Connors questioned the turnover
rate and whether this was typical. Michalski
requested that consideration be given to
increasing the number of management level
staff attending the Faces and Voices
Conference. Buol stated that Police Department
staffing shouid be discussed at the next City
Council goal setting session. Libby Mihalakis,
Vice President of the Washington Neighborhood
Association; Amy Boynton, Downtown
Neighborhood Association; Bob Fisch, Historic
Bluff Neighborhood Association; and Penny
Ehlinger, AmeriCorps Program, spoke in
support of the Community Oriented Policing
(COP) program and commended the department
on their efforts in this area.
Building Services Department - Connors
questioned whether there was sufficient staff to
maintain City Hall and the two annexes.
There being no further business, Cline moved
to adjoum. Seconded by Connors. Motion
carried 7-0. The meeting adjourned at 8:30 p.m.
Jeanne F. Schneider, CMC
City Clerk
112117
2006
2006
Council Members
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ty Clerk
Special Session, February 13, 2006
43
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 13,
2006
Council met in Special Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen
Mayor Buol read the call and stated this is a
special session of the Cijy Council called for the
purpose of discussing various City departmental
budgets.
The budgets for the following departments
were discussed: Water Department, Water
Pollution Control Plant, Public Works
Department, and Engineering Department.
Water Department: Michalski questioned why
the ievel of usage was going down when the
City seemed to be expanding. It was explained
that a comprehensive survey for leaks had been
conducted and the problem areas repaired and
also that many businesses had made
improvements to their operations, which resulted
in a cutback on usage. Michalski also
questioned the increase in chemical costs and
Water Department Manager Bob Green
responded that this trend would continue as
some components were becoming more difficult
to acquire.
Water Pollution Control Plant: Connors
questioned that if the life expectancy of the
incinerators was estimated at twenty years and
were now going on thirty years whether the
repiacements would be significantly different
with regard to technology. Water Pollution
Control Plant Manager Jonathon Brown
commented it would be and that the decisions
made now for the replacement incinerators
would affect the operation of the plant for many
years in the future. Buol asked about how
enactment of the1972 Clean Water Act would
affect Dubuque. Brown replied that this would
not have any impact on the City's facility, but
could impact the Airport lagoon. In response to
a question, Budget Director Dawn Lang
explained that the Water Pollution Control Plant
was an enterprise fund, which meant that it was
self-supporting, with no property tax support.
Public Works Department: Braig questioned
what the "food scrap recycling program"
consisted of. Solid Waste Supervisor Paul
Schultz explained that this was a separate
recycling bin for the purpose of collecting food
scraps which would be collected in the same
manner as yard waste. This would be a pilot
program with three hundred participants initially.
Public Works Director Don Vogt commented that
the metropolijan area landfill is self-supporting
while most around the State are subsidized.
Buol urged that the department be pro-active in
the area of nuisance clean up.
Engineering Department: City Engineer Gus
Psihoyos explained that as a requirement of the
NPDES permit, an erosion control policy will be
coming to the City Council within the next few
months. Steve Mosiman, 1000 Clarke Drive,
requested that the HodgdonlWest Locust Street
Sidewalk/Step Replacement Project be moved
up to Fiscal Year 2007. He stated this project
was first introduced in 2001 and keeps getting
pushed back farther and farther.
There being no further business, Michalski
moved to adjoum. Seconded by Cline. Motion
carried 7-0. The meeting adjoumed at 8:13
p.m.
2006
2006
{
Council Members
Attes~~4~~dU!:QJ
. y Clerk
44
Special Session, February 14, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 14,
2006
Council met in Special Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch,. Michalski, City
Manager Van Milligen
Mayor Buoi read the call and stated this is a
special session of the City Council called for the
purpose of discussing various City departmental
budgets.
The budgets for the following departments
were discussed; Five Flags Civic Center,
Recreation Division, Park Division, Infonmation
Services Department and Cable TV Division.
Civic Center: Leisure Services Manager GiI
Spence and SMG Manager Charlie Gardner
provided the Council with an overview of the
completed renovations at the Center. A detailed
budget will be submitted to the Five Flags
Commission and City Council in April. Michalski
spoke of her continued concern regarding the
amount of handicapped parking available
around the Five Flags Center and the limited
amount of public ice time.
Recreation Division: Connors, Michalski and
Braig expressed concem that the improvement
packages related to after-school programs for
children at Lincoln and Marshall Schools and
youth sports program were not recommended
for funding. City Manager Van Milligen provided
an overview of the budget process and stated he
would be coming back to Council to recommend
that $28,000 of improvement packages not be
funded as previously recommended. Michalski
requested that Council look ciosely at the budget
to see what could be given up in order to fund
the youth related programs.
Park Division: In response to a question,
Leisure Services Manager GiI Spence reported
that the renovation of the Town Clock would not
affect any of the festivals held in that area.
Michalski questioned whether there were a
sufficient number of Park Rangers.
infonmation Services Department: Discussion
was held concerning the Lead Applications I
Network Analyst position that was not
recommended for funding. Information Services
Manager Chris Kohlmann stated that the impact
on the department would be that staff would be
putting in a larger amount of paid overtime and
would not be able to provide the amount of
support necessary for City departments. Cline
requested that a comparison of overtime costs
versus funding of the position be completed and
provided to Council.
Cable TV Division: Public Information Officer
Randy Gehl introduced Cable TV Coordinator
Craig Nowack and reviewed future initiatives for
the department.
Conference Center: Michalski questioned why
the tiles needed to be replaced so soon.
Assistant City Manager Cindy Steinhauser
explained that it was because of the porous
limestone material that was used originally and
the replacement would be of a more appropriate
material.
There being no further business, Michalski
moved to adjourn. Seconded by Braig. Motion
carried 7-0. The meeting adjoumed at 8:50
p.m.
Isl Jeanne F. Schneider, CMC
City Clerk
2006
2006
Tl4-
Council Members
~
~~
Regular Session, February 20, 2006
45
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Reguiar Session, February 20,
2006
Council met in Regular Session at 6:30 P.M. in
the 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 Councii called for the
purpose of discussing such matters which may
properly come before the City Council.
Invocation was given by Father Kenneth
Anich, SVD, Acting President of Divine Word
Seminary
Proclamation: Business
America Week (February
received by Cheree Morey.
Professionals of
12-18, 2006)
CONSENT ITEMS
Minutes and Reports Submitted: Cable TV
Regulatory Commission of 11/9; Cable TV
Teleprogramming Commission of 1/10; Civil
Service Commission of 1/26; City Council of 2/6,
217, 2/9, and 2/13; Electrical Code Board of
1/30; . Environmental Stewardship Advisory
Commission of 217; Five Flags Commission of
12/19; Human Rights Commission of 1/9; Zoning
Advisory Commission of 2/1, presented and
read. Connors moved that the minutes be
received and filed. Seconded by Cline. Motion
carried 7-0.
Printed City Council Proceedings for October
and November, 2005, presented and read.
Connors moved that the proceedings be
received and filed and approved as printed.
Seconded by Cline. Motion carried 7-0.
Proof of publication of City Council
Proceedings of January 30, 2006, presented
and read. Connors moved that the proof be
received and filed. Seconded by Cline. Motion
carried 7-0.
Notice of Claims/Suits: Brooke Kowalske vs
City of Dubuque, et al; Randy Seay for propertY
damage; Splendid Valley Nursery for property
damage, presented and read. Connors moved
that the claims be received and filed and
referred to Legal for investigation/report.
Seconded by Cline. Motion carried 7-0.
Corporation Counsei advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Splendid
Valley Nursery for property damage and Donald
Stumpf for personal injury, presented and read.
Connors moved that the communications be
received and filed and concurred. Seconded by
Cline. Motion carried 7-0.
2005 Sidewalk Assessment Program - Bid #2
Project: City Manager recommending that total
assessments of $7,665.19 be levied against
Rlne separate parcels of property as part of the
2005 Sidewalk Assessment Program - Bid #2
Project, presented and read. Connors moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO, 46-06
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE 2005
SIDEWALK ASSESSMENT PROJECT - BID
#2 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
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the construction of the 2005 Sidewalk
Assessment Project - Bid #2 under contract with
Perry Construction of Dubuque, Iowa, which
final plat and schedule were filed in the office of
the City Clerk on the 15th day of February 2006
the said schedule of assessments be a~d th~
same is hereby approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
proportion to the special benefits conferred and
46
Regular Session, February 20, 2006
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362,3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
Those assessments may be paid in full or in
part without interest at the office of the City
Treasurer, City Hall, 50 W. 13"' Street, Dubuque,
Iowa, at any time within 30 days after the date of
the first pUblication of this notice of the filing of
the final schedule of assessments with the
County Treasurer. After 30 days, unpaid
assessments of $100.00 or more are payable in
10 annual installments at the County Treasure(s
Office, Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa, and will draw
annual interest at nine (g) percent (commencing
on the date of acceptance of the work)
computed to December 1 next following the due
dates of the respective installments as provided
in Section 384.65 of the Code of Iowa. Each
installment will be delinquent from October 1
following its due date on July 1 of each year.
Property owners may elect to pay any annual
installments semiannually in advance.
Passed, approved and adopted this 20"' day of
February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2005 Sidewalk Assessment Project - Bid #2
Schedule of Final Assessments
02110/2006
PROPERTY OWNER PARCEL#
VALUATION WITH TOTAL IMPROVEMENT
LOCATION OF WALK LEGAL
DESCRIPTION ASSESSMENT
Canon, Robert & Cheryl 10-28-104-10
$94,923.25 1643 Marjorie Lot 5 Block 2
Sunset Park Sub. #4 $523.25
Gaul, Steven & Susan 10-34-479-003
$185,500.25 1004 Mela Lot 3 Block 10
Timber Ridge Add. $1,000.25
Hansen, Ronald & Linda 10-28-126-004
$118,282.62 1605 Lucy Lot 6 Block 1 Sunset
Park 5th Add. $182.62
McKinlay, Mary Michele 10-26-133-002
$97,813.90 1860 Loras Tschirgi& Schwinds
Sub Lot 21 $213.90
Meyer, Edna Trust 10-26-134-005
$81,856.67 1065 Auburn Lot 1-22 & 1-23
Tschirgi & Schwinds $1,156.67
Rhone, Stacy 10-13-457-002 $80,088.70
2308 Queen Lot 28 Sanfords Sub. $388.70
Steinwand, Dana & Lynda 10-13-457-005
$73,634.52 2300 Queen S 1/2 Lot 30
Sanfords Sub. $534.52
Tuthill, Jaymis 10-13-453-004 $62,598.26
2426 Queen Lot 2-2-1-42 & 43 Staffords Add
$198.26
Wachovia Bank 10-21-461-027 $104,767.02
1702 Richie Lot 1 Block 4 Key Knolls Sub.
$3,467.02
TOTAL $7,665.19
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Iowa Department of Transportation
Acceptance of Deed: City Manager
recommending approval of the acceptance of a
Quit Claim Deed from the Iowa Department of
Transportation for property at the comer of
Grandview Avenue on Dodge Street, presented
and read. Connors moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 47-06
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA FROM
THE IOWA DEPARTMENT OF TRANS-
PORTATION
WHEREAS, the City of Dubuque entered into
a Partial Acquisition Agreement with Dubuque
Community Schooi District for the purchase of
the following described real property in Dubuque
County, Iowa:
Lot A In Phillips Subdivision No.2, In The City
Of Dubuque, Dubuque County, Iowa, As Shown
And Described In Piat Of Survey Recorded On
September 1, 1999 As Document No. 14150-99
In The Dubuque County Recorder Office,
Containing 26,942 Square Feet.
AND WHEREAS. the terms of the Agreement
have now been met.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA. AS FOLLOWS:
1. The City of Dubuque hereby accepts the
Warranty Deed from the Iowa Department of
Transportation attached hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the
Warranty Deed with the Dubuque County
Recorder.
Passed, approved and adopted this 20th day
of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
2005 Urban
Applications: City
Revitalization Program
Manager recommending
Regular Session, February 20, 2006
47
approval of nine 2005 Urban Revitalization
Program applications for residential property tax
exemption, presented and read. Connors moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 48-06
RESOLUTION APPROVING RESIDENTIAL
PROPERTY TAX EXEMPTION APPLICA-
TIONS SUBMITTED BY PROPERTY OWNERS
IN RECOGNIZED URBAN REVITALIZATION
AREAS AND AUTHORIZING THE
TRANSMITTAL OF THE APPROVED
APPLICATIONS TO THE CITY TAX
ASSESSOR
Whereas, Chapter 404 of the Code of Iowa,
the Urban Revitalization Act, permits cities to
exempt property taxes for improvements made
to properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act requires
property owners to submit a written application
for exemption by February 1 of the assessment
year for which the exemption is first claimed,
and further requires the Ctty Council to approve
all applications that meet the requirements of the
adopted Urban Revitalization Plan and forward
the approved applications to the City Assessor
for review by March 1 of each year; and
Whereas, pursuant to the requirements of said
Urban Revitalization Act, the following Urban
Revitalization Areas were established:
Washington Street, Jackson Park, West 11 th
Street, Upper Main Street, Garfield Place,
Langworthy, Cathedral and Old Main; and
Whereas, the City of Dubuque, as of February
1, 2006, received tax exemption applications
from the following property owners in the
aforementioned urban revitalization district.
West 11th Street Urban Revitalization Area
1300 Walnut- Robert Johnson Mid America
Holdings
550 Arlington- Robert Johnson Mid America
Holdings
570 Arlington- Robert Johnson Mid America
Holdings
555 West 11 th Street- Robert Johnson and
Bethany Golombeskl
540 Wilbur- Matt & Birgit Morey
649 Arlington-Toni Anderson
1335-1337 Bluff Street - Joe Ungs
Upper Main Urban Revitalization Area
1157-1159 Iowa Street- Ken Un
1154,1070,1071,1085,1088 Main Street, 248
West 11th Street-
Gronen Adaptive Reuse LLLP
Whereas, the Housing and Community
Development Department and Building Services
have reviewed the above-described applications
and inspected the properties, and have
determined that the applications and the
improvements conform to all requirements of the
City of Dubuque's Urban Revitalization Plan.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax
exemption applications meet the requirements of
the City of Dubuque's Urban Revitalization Pian.
Section 2. That the above-described tax
exemption applications are hereby approved by
the City Council, subject to the review and
approval of the City Assessor.
Section 3. That the City Clerk is hereby
authorized and directed to forward the above-
described tax exemption applications to the City
Assessor.
Passed, approved and adopted this 20th day
of February 2006.
Roy M. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Shot Tower Archeological Survey: City
Manager recommending approval of the
issuance of a Request for Proposals for the Shot
Tower Archeological Survey, presented and
read. Connors moved that the communication
be received and filed and approved
recommendation. Seconded by Cline. Motion
carried 7-0.
Arts and Cultural Affairs Advisory Commission:
Communication from Jane Kenworthy submitting
her resignation from the Arts and Culturai Affairs
Advisory Commission due to her relocation out
of the State, presented and read. Connors
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
Certificate of Completion - Adams Company:
City Manager recommending approval of a
Certificate of Completion for The Adams
Company project in the Dubuque Industrial
Center West, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Cline. Motion carried 7-0.
Historic Preservation Commission: Historic
Preservation Commission reiterating its support
for the City Council to continue to pursue the
iegislative changes which wouid extend Historic
Preservation Commission membership to
owners of property in historic districts and to
continue to pursue the legislative changes which
would refer appeais of Historic Preservation
Commission decisions to District Court instead
of the City Council, presented and read.
Connors moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
48
Regular Session, February 20, 2006
PEG Access Capital Grant Expenditure: City
Manager recommending approval of a request
from Mediacom for a $200 grant from the Capital
Grant for Access Equipment and Facilities for
chromakey paint for the Access Studio at
Mediacom, presented and read. Connors moved
that the communication be received and filed
and approved recommendation. Seconded by
Cline. Motion carried 7-0.
Legislative Correspondence: Communication
to area legislators encouraging support of an
amendment to Iowa Code 9364.2 to clarify a
City's authority to charge a franchise fee to a
utility based on the gross revenue from the sale
of the utility's product and communication to
area legisiators encouraging opposition to HF
2321 regarding changes to the requirements
when a City is considering the use of eminent
domain, presented and read. Connors moved
that the communications be received and filed
and approved. Seconded by Cline. Motion
carried 7-0.
Human Rights Ordinance: Communication
from Lorie Murphy-Freebolin expressing
appreciation to members of the City Council for
their support of the Human Rights Ordinance,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
North Grandview Estates, 1.1.C.: Commu-
nication from Joseph J. Bitter, representing
North Grandview Estates, 1.1.C., requesting
changes to the Agreement between the City of
Dubuque and North Grandview Estates, 1.1.C.,
dated April 21, 2005, for development of North
Grandview Estates, presented and read.
Connors moved that the communication be
received and filed and referred to the City
Manager. Seconded by Cline. Motion carried 7-
O.
Grand Opera House: Letter of support for the
efforts of the Grand Opera House Foundation
Board to seek grant funding to complete
restoration of the Grand Opera House,
presented and read. Jones moved that the
communication be received and filed and
approved recommendation. Seconded by Braig.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 49-06
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
Molo Oil Company Big 10 Mart.
(Sunday Sale) 2100 JFK Rd
Passed, approved and adopted this 20th day
of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
RESOLUTION NO, 50-06
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" BEERILIQUOR LICENSE
Bootleggers Pub, Inc Bootleggers Pub.
(Sunday Sale) 1689 Elm St
Melvin Spiegelhalter The Clubhouse
2364 Washington St
Town Clock Inn, Inc Town Clock Inn.
(Sunday Sale) 799 Town Clock Plaza
Passed, approved and adopted this day 20th
of February, 2006
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michaiski moved adoption of the Resolution.
Seconded by Braig. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Floodwall Pumping Station Improvement
Project: City Manager recommending initiation of
the public bidding process for the Floodwall
Pumping Station Improvement Project and
setting a pUblic hearing for April 3, 2006,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 51-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Regular Session, February 20, 2006
49
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Hawthorne
Street Generator Project, Maus Lake Generator
Project, and the Bee Branch Floodwall Pumping
Station Improvement Projects in the estimated
amount of $489,366.00, are hereby approved
and ordered filed in the office of the City Clerk
for public inspection.
Passed, adopted and approved this 20th 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.
RESOLUTION NO. 52-06
FIXING DATE OF THE HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Cierk for public inspection
of the Hawthorne Street Generator Project,
Maus Lake Generator Project, and Bee Branch
Pumping Station Improvement Projects.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
That on the 3rd of April, 2006, a publiC hearing
will be held at 6:30 p.m. in the Public Library
Auditorium at which time interested persons may
appear and be heard for or against the proposed
plans and specifications, form of contract and
cost of said improvement, and the City Clerk be
and is hereby directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the city
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 20th day
of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution setting
date of hearing on the plans and specifications
for 4/3/06 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 Connors. Motion carried 7-0.
RESOLUTION NO. 53-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Hawthorne Street Generator Project,
Maus Lake Generator Project and the Bee
Branch Pumping Station Improvement Projects
are hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
city of Dubuque, Iowa, which notice shall not be
less than four days nor more than twenty days
prior to the receipt of said bids at 2:00 p.m. on
the 15th day of March, 2006. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 3rd day of April, 2006.
Passed, adopted and approved this 20th 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.
Alta Vista/Carlotta Street Reconstruction
Project: City Manager recommending initiation of
the public bidding process for the Alta
Vista/Carlotta Street Reconstruction Project and
setting a public hearing for March 20, 2006,
presented and read.
RESOLUTION NO. 54-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Alta Vista -
Carlotta Streets Reconstruction Project in the
estimated amount of $994,321.12 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 20th day of
February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 55-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
50
Regular Session, February 20, 2006
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Alta Vista Carlotta Streets
Reconstruction Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 20'h
day of March, 2006, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 20th day of
February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 56-06
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council of
the City of Dubuque and are now on file in the
office of City Clerk showing among other things
the plans, specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the Alta
Vista - Carlotta Streets Reconstruction Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements, and unless
property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
Resolution of Necessity, they shall be deemed
to have waived all objections pertaining to the
regularity of the proceeding and the legality of
using the special assessment procedure.
Said Improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Clerk.
That the cost and expense of making such
improvement will be assessed partially or totally
against privately owned property lying with the
assessment limits, and in an amount not to
exceed that provided by law, and in proportion to
the special benefits conferred.
The portion of the cost which shall be borne by
the City will be paid from the Fiscal Year 2007
Street Construction Program, Watermain
Replacement Program, Street Program Sanitary
Sewer Improvements, Alta Vista Storm Sewer
Reconstruction, Fiber Optic Conduit - Paving
Projects, and special assessment bonds may be
issued in anticipation of deferred payments of
special assessments when a contract has been
performed and accepted, and the proceeds
thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on file with the
City Clerk this 20'h day of February, 2006.
Approved and placed on file for final action.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 57..06
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans, specifications
and form of contract and placed same on file in
the office of the City Clerk for public inspection
for the Alta Vista Carlotta Streets
Reconstruction Project; and
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 20th day of March, 2006, a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium in the City of Dubuque at
which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the matter
may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against any
lot, or the final adoption of a Resolution of
Necessity and the City Clerk be and is hereby
authorized and directed to cause a notice oftime
and place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be not
less than ten days prior to the day fixed for its
consideration. Unless property owners at the
Regular Session, February 20, 2006
51
time of the final consideration of this proposed
resolution have on fiie with the City Clerk
objections to the Resolution of Necessity they
shall be deemed to have waived all objections
thereto.
Passed, adopted and approved this 20lh day of
February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set date of hearing on the Resolution of
Necessity for 3/20/06 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
Connors. Motion carried 7-0.
RESOLUTION NO. 58-06
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, Page 1 to Page 2
inclusive, are hereby determined to be the
schedule of proposed assessments for the Alta
Vista - Carlotta Streets Reconstruction Project
and the valuations set out herein are hereby
approved.
Passed, approved and adopted this 20'" day of
February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 59-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Alta Vista - Carlotta Streets
Reconstruction Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 281h day of March, 2006. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 3'" day of April, 2006.
Passed, adopted and approved this 20lh day of
February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointment to the following Commission:
Airport Commission (One four-year term through
9/14/10) Applicants: Charles Dauod, J.K.
Hanson III, Dan Nicholson (Note: J.K. Hanson
and Dan Nicholson have requested that their
names be withdrawn from consideration)
Michalski moved that Charles Dauod be
appointed to a four year term which will expire
9/14/10. Seconded by Lynch. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
River Pointe Deveiopment, LLC - Request to
Rezone (Referred Back to Zoning Advisory
Commission at January 17, 2006 City Council
Meeting): Proof of publication on notice of
hearing to consider rezoning property located at
600 Mazzuchelli Drive from R-2 Residential
District to PUD Planned Unit Development
District with a Planned Residential designation
as requested by River Pointe Development, LLC
and Zoning Advisory Commission recom-
mending approval; City Manager advising that
River Pointe Development, LLC has agreed to
contribute $150,000 towards the off-site street
improvements near this development;
Communications from Rick Trausch, Helene
Hurley Magee, Venice Richardson, Donna
Bauerly, Ethel Cherioli, Jim Banworth, Leslie L.
Motsch, Robert and Damaris Eichman, and
Francine Banworth in opposition to the proposed
development; Communication from SA Sutton
in opposition to the present development plans
of River Pointe and submitting additional
information/petitions, presented and read.
Attorney Steve Juergens, representing River
Pointe, LLC, reviewed the proposed building
plan which has been reduced from six buildings
to two, stated that there will be no blasting and
that the developer will pay $150,000 towards
street improvements.
Charles Winterwood, 1550 Melrose Terrace,
spoke objecting primarily to the proposed height
of the buildings.
Dean Rampson. 1158 University, stressed this
is not a PUD and objected to the size.
David Young, 1598 Central, commented that
the high rises shouid be put in the downtown
area like most other cities.
52
Regular Session, February 20, 2006
Jeff Nagle, 255 Kelly's Bluff, spoke in
opposition to the project stating the development
had not been downsized and that it was not a
neighborhood project.
Jeanne Collins, 343 Cardiff, spoke objecting to
the proposed development because of its height,
the impact on her 100 year old home, and traffic
problems.
SA Sutton, 1875 Custer, spoke objecting that
the Iowa Code is not being followed, questioned
who "River Pointe Deveiopment" is, and
suggested that the City trade this property for
another location and then tum the bluff site into
a parl<.
Dan Hammel, 2201 Deconah, spoke reiterating
that the project has been downsized twice, tnaffic
problems addressed and stated it is "smart
growth."
Ray Crippes, Kieler WI, spoke in support of the
proposed deveiopment. .
Gene Tully, 448 Summit, spoke objecting
because of the increased traffic and height of
the buildings.
Jim Giese, 21142 Country Squire Lane, stated
that this project belonged in the City and would
be a great asset.
Ken Schmitt, 3291 Spring Valley Road, stated
traffic should not be an issue and that this is a
great project.
Don Duehr, 1525 Lucy Drive, stated that the
project is good for the City.
Dick Vorwald, 2921 Washington, stressed
more infonmation and photos are needed.
Darryl Biechler, as a member of the Dubuque
County Fire Association, spoke in full support of
the project and stated the deveioper is a "class
act".
Tom Wiedemann, 162 Cardiff, stated that he
was not in favor of the project but not totally
against it and he felt that Mr. Spiegel should
have talked to the neighbors at the beginning of
the project.
David Baker, 3055 Castlewood Lane, as a
Teamsters Union representative, spoke in favor
of the project, .citing good-paying construction
jobs for several years to come.
Steve Mosiman, 1000 Clarke Drive, requested
this project be voted down and questioned the
long-term effects on the City.
Evelyn Nadeau, 663 Fenelon Place, spoke of
the jobs for the future and the vision for the City.
Bonnie Wiedemann, 162 Cardiff, spoke
objecting to the project, stating that it was too
massive.
Dave Heim, 2480 Knob Hill Drive, spoke in full
support of the project.
Jim Shaeffer, 2015 Lombard Street, spoke
requesting Council make a decision on this
project.
Nick Lucy, 783 Fenelon Place, stated he had
no objection to the project or the jobs but that
the location was not right.
Leon Jenson, 510 St. George, spoke in full
support of the project.
Francine Banworth, 985 South Grandview,
spoke objecting to the proposed project, citing
its massive size, its limited access, traffic
problems, its inappropriateness for the bluffs
and violation of City laws.
Dave Miner, 8840 Joyce Court, spoke in
support of the project.
Brian Martens of Zwingle stated he was in full
support of the project.
Deb Schuster, 2434 Queen St., questioned if
the development would affect the people below
the bluff and also emergency vehicle response
difficulties.
Bob Roethig, 618 Bradley Street, objected
because the project is too large for the
neighborhood and needs to be scaled back.
Bill Pauly, 1730 Overview Court, spoke
strongly opposing the project, citing pollution
and other environmental issues.
Bill Baum, 1301 Auburn, spoke stating the
bottom line is that this investor is willing to invest
in our City and it is an attnactive type of housing
to market for retirees.
Mark Erschen, 133 St. Mary's Street, stated
the development was too large and would
reduce the amount of sunlight that property
below the bluff would receive.
Scott Potter, 515 Garfield Avenue, stated the
developer does awesome projects and that it is
hard to find people willing to invest in the
community.
Judy Schmitt, 406 Summit, fell the development
was in the wrong location.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located
at 600 Mazzuchelli Drive from R-2 Residential
District to PUD Planned Unit Development
District with a Planned Residential designation,
presented and read. Michalski moved that this
be considered the first reading of the Ordinance
and requested clarification of plans to be
brought to the next meeting. Seconded by
Connors. Motion carried 7-0.
Roger Kunde/North End Wrecking - Request
to Rezone: Proof of publication on notice of
hearing to consider rezoning property located at
55 West 32nd Street from AG Agricultural
District to HI Heavy Industrial District as
requested by Roger Kunde/North End Wreckin9
and Zoning Advisory Commission
recommending approval; Communication from
Joseph J. Bitter, representing North End
Wrecking, regarding the requested rezoning;
Communication from Paul J. Uhlrich, 480
Olympic Heights Road, in opposition to the
proposed rezoning; Communication from Hope
Huseman submitting a petition in opposition to
the proposed rezoning for North End Wrecking
Regular Session, February 20, 2006
and an Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property iocated
at 55 West 32nd Street from AG Agricultural
District to HI Heavy Industrial District, presented
and read. Cline moved to table this rezoning
request. Seconded by Braig. Motion carried 7-
O.
Loras Coliege Institutional District
Amendment: Proof of publication on notice of
hearing to consider amending the 10 Institutional
District to construct an arena/weliness center
and parking lot as requested by Loras Coliege
and Zoning Advisory Commission
recommending approval, presented and read.
Michalski moved that the proof and
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
Jim Collins, President of Loras Coliege, spoke
in support of the project and Mike Jansen, IIW
Engineers, explained the specifics' of the
proposal.
Michalski questioned the number of homes
that will be impacted with this new construction
and Cline questioned if the new parking lot will
alieviate side street parking problems.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the amendment
of Ordinances No. 18-00 and 01-02, and
approving an amended Campus Development
Plan for the new Athletic and Weliness Center
for the Loras Coliege 10 Institutional District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-0B
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
PROVIDING FOR THE AMENDMENT OF
ORDINANCES NO. 18-00 AND 01-02, AND
APPROVING AN AMENDED CAMPUS
DEVELOPMENT PLAN FOR THE NEW
ATHLETIC AND WELLNESS CENTER FOR
THE LORAS COLLEGE 10 INSTITUTIOANL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances and Ordinances 18-00 and 01-02 be
amended by adopting a revised campus
development plan for the new athletic and
weliness center for the Loras Coliege
Institutional District, to wit:
Lot 1 of Lot 2 of Mineral Lot 90; Lot 2 of Mineral
Lot 91; Lot 1 and 2 of Loras Coliege Place; Lot 1
and Lot 2 of City Lot 742, Lot 1, Lot 2 and Lot 3
53
of City Lot 741, City Lot 714, Lots 20 through
and inciuding Lot 33 of Levins Addition; ali of the
alieys in Levins Addition; Lot 15 through and
including Lot 18 of Kringle Addition; Lots 30
through and including Lot 43 of Yates
Subdivision; Lot 32A, Lot B and Lot C ali of
Yates Subdivision; Lot 1 and Lot 2 and Lots 12
through and including Lot 15, ali of Henion and
Baird Subdivision; W 103'-N12'.N34'6"-W105' of
Lot 5, S22'6"-N34'6"-W105 of Lot 5, S6'6"-W105'
of Lot 5, W105' of Lot 6 and W105'-N26' of Lot
7, ali in Henion and Baird Subdivision, Lots 1
through and including Lot 8 of Hodgdon
Subdivision; Lot A of Hodgdon Subdivision; Lot
820 and Lot 821 of A. McDaniels Subdivision;
the west 53 feet of Lot 20 of Morgan's
Subdivision; Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9,
Lot 2 of Lot 3 and Lot 2 of Lot 4, ali of Yates and
Pickett Subdivision; Lot 2 of Lot 73, Lot 2 of Lot
74, Lot 2 of Lot 75, Lot 2 of Lot 76, Lot 2 of Lot
77, Lot 2 of Lot 78, Lot 2 of Lot 79, Lots 71A,
Lots 69 through and including Lot 71, Lots 63
through and including Lot 67, Lot 80 and Lot 2 of
Lot 81A, ali of A.P. Woods Addition, and the
aliey from Biake Street East except the portion
adjoining Lot 2 of Lot 73 of A.P. Woods Addition,
ali of Helena Street, ali in the City of Dubuque,
Iowa.
Section 2. That pursuant to Iowa Code Section
414.5(2003) and as an express condition of
amending the Loras Coliege 10 Institutional
District, the undersigned property owner(s)
agree(s) to the foliowing conditions, all of which
the property owner(s) further agree(s) are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Use Regulations.
The foliowing regulations shali apply to ali uses
made of land in the above.described 10
Insmutional District:
1. Principal permitted uses shali be iimited to:
a. Colieges and universities.
b. Vocational schools.
c.Seminaries.
d. Offices for administrative personnel or
other institutional employees and affiliates.
e. Churches, libraries and museums.
f. Classrooms, laboratories, lecture halis, and
similar places of institution.
g. Off-street parking and loading.
h. Recreational or athletic facilities for the
primary use and benefit of the institutional
residents or affiliates.
I. Single-family, two-family, or multi-family
dwellings for the housing of institutional
residents or affiliates.
. 2. Accessory Uses: The foliowing uses shali
be permitted as accessory uses in the above-
described 10 Institutional District:
a. Located entirely within a principal
building, bookstores or bars seating not more
54
Regular Session, February 20, 2006
than seventy-five(75) persons at one time and
located not closer than two hundred feet (200')
from the nearest residential or office residential
district.
B. All uses customarily incidental and
subordinate to the principal use it serves, but not
to include commercial use outside the principal
building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations
Development of land in the ID Institutional
District shall be amended as follows: The
proposed athletic and wellness center shall be
located in conformance with the attached
campus development plan and all final site
development plans are to be approved in
accordance with provisions of the ID Institutional
District regulations.
C. Performance Standards
The development and maintenance of uses in
this ID Institutional District shall be established
in conformance with Section 3-5.2 of the Zoning
Ordinance and the following standards:
1. New outdoor lighting for the proposed
athletic and wellness center and adjacent
parking lot shall use 72-degree cut-off light
fixtures.
2. Landscaping shall be provided in
compliance with Section 4-4 of the Zoning
Ordinance.
3. All utilities, including telephone and cable
teievision, shall be installed underground.
4. Final site development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance.
D. Parking Requirements
The off-street parking requirements for the
principal permitted uses for the herein described
ID Institutional District shall be regulated as
follows:
1. That eighty-three (83) parking spaces shall
be provided in the new parking lot on the north
side of the athletic and wellness center.
2. A minimum of 1,158 off-street parking
spaces shall be maintained for the Loras
College Institutional District.
3. Any significant expansion or reduction in the
number of off-street parking spaces must be
reviewed by Planning Services staff for
compliance with the adopted institutional district
requirements.
E. Open Space and Recreational Areas
Those areas not designated on the conceptual
development plan for the development shall be
maintained as open space, as defined by
Section 8 of the Zoning Ordinance by the
property owner andlor association.
F. Sign Regulations
The sign regulations shall be the same as that
which are allowed in the ID Institutional District
as established in Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standards
1. That all previously approved campus
development plans are hereby amended to allow
for the attached conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or iease of property in this
ID institutional District shall include the transfer
or lease agreement a provision that the
purchaser or lessee acknowledges awareness
of the conditions authorizing the establishment
of this district.
I. Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
J.Recording
A copy of this Ordinance shall be recorded at
the expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval after the adoption of
this ordinance. This ordinance shall be binding
upon the undersigned and all hisfher heirs,
successors and assignees.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 20.h day of
February, 2006 .
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 11-06
I, James E. Collins, President, Loras College,
having read the terms and conditions of the
Ordinance No. 11-06 and being familiar with the
conditions thereof, hereby accept this same and
agree to the conditions required therein.
Dated in Dubuque, Iowa this 17th day of
February, 2006.
By Is! James E. Collins, President
Loras College
Published officially in the Telegraph Herald
newspaper this 24th day of February, 2006.
Jeanne F. Schneider, City Clerk
1t 2/24
Michalski 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 Connors. Motion
carried 7-0. Michalski moved final consideration
and passage of the Ordinance. Seconded by
Lynch. Motion carried 7-0.
Garfield Place Urban Revitalization Area
(Tabled on February 6, 2006): Michalski moved
that the following item be removed from the
Regular Session, February 20, 2006
55
table. Seconded by Connors. Motion carried 7-
O.
Proof of publication on notice of hearing to
consider approval of an amended and restated
Garfieid 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 and
communication from the Long Range Pianning
Advisory Commission recommending expansion
of the Garfieid Place Urban Revitalization
District, presented and read. Connors moved
that the proof and communication be received
and filed. Seconded by Braig. Motion carried
7-0.
Scott Potter, 515 Garfield, spoke clarifying the
proposed project.
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.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-06
AN ORDINANCE ESTABLISHING THE
GARFIELD PLACE II URBAN
REVITALIZATION AREA AS AN URBAN
REVITALIZATION AREA PURSUANT TO
CHAPTER 404 OF THE CODE OF IOWA.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Garfield Place II Urban
Revitalization Area as herein described shall
hereafler be designated an urban revitalization
area pursuant to Chapter 404 of the Code of
Iowa 1999, to wit:
Lot 1 of Cook's Addition in the County of
Dubuque, City of Dubuque, iowa, according to
the recorded plat thereof.
Section 2. That the Garfield Place II Urban
Revitalization Area Plan as hereto attached is
hereby adopted and approved and the
properties within said described area shall be
subject to the provisions of said Plan.
Section 3. That said Garfield Place II Urban
Revitalization Area Plan shall hereafler be on file
in the City Clerk's Office, City Hall, Dubuque,
iowa.
Section 4. That the City Clerk is hereby
authorized and directed to publish this
Ordinance on or after March 23, 2006, provided
that the City Clerk prior to that date has received
no valid petition requesting a second public
hearing, and in the event such petition has been
received, then this Ordinance shall be null and
void.
Passed, approved and adopted this 20th day
of February 2006.
Roy D. Buoi, Mayor
Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 23rd day of March, 2006.
Jeanne F. Schneider, City Clerk
1t 3/23
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 Braig. Motion carried
7-0. Connors moved final consideration and
passage of the Ordinance. Seconded by Braig.
Motion carried 7-0.
Manasseh House Urban Revitalization Area
Plan: Proof of publication on notice of hearing to
consider approval of the Manasseh House
Urban Revitalization Area Plan for a proposed
nineteen room single occupancy (SRO) facility
for women, presented and read. Michalski
moved that the proof and communication be
received and fried. Seconded by Braig. Motion
carried 7-0.
Michelle Mihaiakis spoke clarifying the
proposed project.
An Ordinance Establishing the Manasseh
House Urban Revitalization Area as an Urban
Revitalization Area pursuant to Chapter 404 of
the Code of Iowa, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-06
AN ORDINANCE ESTABLISHING THE
MANASSEH HOUSE URBAN
REVITALIZATION AREA AS AN URBAN
REVITALIZATION AREA PURSUANT TO
CHAPTER 404 OF THE CODE OF IOWA.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Manasseh House Urban
Revitalization Area as herein described shall
hereafter be designated an urban revitalization
area pursuant to Chapter 404 of the Code of
Iowa 1999, to wit:
Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 3 of
Lot 10 and part of Lot 1 of Lot 1 of Lot 2 of Lot 3
of Lot 10 in Kniest Subdivision in the County of
Dubuque, City of Dubuque, Iowa, according to
the recorded plat thereof.
Section 2. That the Manasseh House Urban
Revitalization Area as hereto attached is hereby
adopted and approved and the properties within
said described area shall be subject to the
provisions of said Plan.
56
Regular Session, February 20, 2006
Section 3. That said Manasseh House Urban
Revitalization Area shall hereafter be on file in
the City Clerk's Office, City Hall, Dubuque, Iowa.
Section 4. That the City Clerk is hereby
authorized and directed to publish this
Ordinance on or after March 23, 2006, provided
that the City Clerk prior to that date has received
no valid petition requesting a second public
hearing, and in the event such petition has been
received, then this Ordinance shall be null and
void.
Passed, approved and adopted this 20th day
of February 2006.
Roy D. Buol, Mayor
Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 23rd day of March, 2006.
Jeanne F. Schneider, City Clerk
1t 3/23
Michalski 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. Michalski moved final consideration and
passage of the Ordinance. Seconded by
Connors. Motion carried 7-0.
Tanzanite Drive and Sapphire Circle Planned
Unit Development District: Proof of publication
on notice of hearing to consider amending the
existing Planned Unit Development District for
property at the northwest corner of Tanzanite
Drive and Sapphire Circle by eliminating the
option to develop property under R-3 Residential
District zoning regulations as requested by the
City of Dubuque and the Zoning Advisory
Commission recommending approval, presented
and read. Connors moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Rod Tschiggfrie, 600 Sapphire Circle, spoke
stating he does not want to lose the R-1 option.
An Ordinance amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the amendment
of Ordinances No. 10-99, 96-02 and 86-03
which adopted regulations for the Emerald Acres
No. 2 PUD Planned Unit Development District
with a PR Planned Residential Designation and
approving an amended ordinance for the
Emerald Acres No. 2 PUD Planned Unit
Development District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
PROVIDING FOR THE AMENDMENT OF
ORDINANCES NO. 10-99, 96-02 AND 86-03
WHICH ADOPTED REGULATIONS FOR THE
EMERALD ACRES NO. 2 PUD PLANNED
UNIT DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DESIGNATION AND
APPROVING AN AMENDED ORDINANCE
FOR THE EMERALD ACRES NO.2 PUD
PLANNED UNIT DEVELOPMENT DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by providing for
the amendment of ordinances 10-99, 96-02, and
86-03, which adopted regulations for the
Emerald Acres No. 2 PUD Planned Unit
Development District with a PR Planned
Residential designation, and approving an
amended Ordinance for the Emeraid Acres No.
2 PUD Planned Unit Development District, a
copy of which is attached to and made a part
hereof, to wit:
Lot 28 Emerald Acres No.2, and to the
centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
414.5 (2003), and as an express condition of the
reclassification, the undersigned property
owners agree to the following conditions, all of
which the property owners further agree are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Use Reaulations The following regulations
shall apply to all uses made of land in the
above-described PUD District:
1. Principal permitted uses for Zone A shall
be limited to:
a. Singie-family detached dwellings - [11]
2. Principal permitted uses for Lot 28, Zone B
shall be limited to:
a. Two-family dwelling (duplex)-[ll].
b. Townhouses (maximum two [2] dwelling
units)-[ll].
3. Principal permitted uses for Lot 29, Zone B
shall be limited to:
a. Single-family detached dwellings - [llJ
b. Two-family dwelling (duplex) - [11]
c.Multi-family dwelling (maximum six [6J
dwelling units) - [9]
d. Townhouses (maximum six [6] dwelling
units)-[ll]
[ ] Parking group - see Section 4-2 of the
Zonin9 Ordinance.
4. Accessory uses shall Include any use
customarily incidental and subordinate to the
principal use rt serves.
B. Lot and Bulk Reaulations Development of
land in the PUD District shall be regulated as
follows:
1. Lots for single-family dwellings in Zone A
shall meet bulk regulations set forth in the
Regular Session, February 20, 2006
57
Zoning Ordinance for the R-1 Single-Family
Residential District.
2. Development of Lot 28, Zone 8 may proceed
In substantial conformance with attached
conceptual plan.
3. All multi-family structures on Lot 29, Zone 8
shall meet the bulk regulations set forth in the
Zoning Ordinance for the R-3 Moderate Density
Multi-Family Residential District.
C. Performance Standards. The development
and maintenance of uses in this PUD District
shall be established in conformance with Section
3-5.5 of the Zoning Ordinance and the following
standards:
1. Proposed public streets in the Planned
Residential development shall be designed and
built to City Engineering specifications.
2. Tanzanite Drive shall be constructed to a
width of 37 feet.
3. Erosion controi devices shall be provided
during all phases of construction of the Planned
Residential development.
4. Parking requirements for allowed uses shall
be as per the parking group for the designated
use, in accordance with Section 4-2 of the
Zoning Ordinance.
5. Sidewalks shall be provided adjoining all
public streets.
6. Storm water control facilities wili be installed
as per City Engineering requirements.
7. Final site development plans shall be
submitted in accordance with Section4-4 of the
Zoning Ordinance prior to construction of any
buildings.
D. Open Space and Recreational Areas Open
space and landscaping in the PUD District shall
be regulated as follows:
1. Those areas not designated on the
conceptual plan for development shall be
maintained as open space, as defined by
Section 8 of the Zoning Ordinance, by the
property owner and/or association.
E. Sion Reoulations. Signs in the PUD District
shall be regulated as follows:
1. Signs shall be allowed in the Planned
Residential development in accordance with the
R-1 Single-Family Residential District
regulations of the Zoning Ordinance.
F. Additional Standards.
1. That the attached conceptual development
plan shall constitute a preliminary subdivision
plat, in accordance with Chapter 42, Subdivision
Regulations, of the City of Dubuque Code of
Ordinances.
2. That the property between the south right-of-
way line of Tanzanite Drive and the south
property line of Lot 2 of Lot 1 of SE 11. of SE 11.,
Section 2 must comply with the regulations
adopted for Alpine Heights Mobile Home Park
Ordinance No. 72-98.
G. Transfer of Ownership. Transfer of
ownership or lease of property in this PUD
District include in the transfer or iease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
H. Reclassification of Subiect Propertv. The
City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the AG
Agricultural District in accordance with Section 6
of the Zoning Ordinance if the property owner
fails to complete or maintain any of the
conditions of this ordinance.
i. Modifications. Any modifications of this
Ordinance must be approved by the City Council
in accordance with zoning reclassification
proceedings of Section 6 of the Zoning
Ordinance.
J.Recordina. A copy of this ordinance shall be
recorded at the expense of the property owner
with the Dubuque County Recorder as a
permanent record of the conditions accepted as
part of this reclassification approval within forty-
five (45) days after the adoption of this
ordinance. This ordinance shall be binding upon
the undersigned and his/her heirs, successors
and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by law,
and at such time that the herein described
property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 20th day
of February, 2006.
Roy D. 8uol, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 14-06
i, Rodney Tschiggfrie, representing T-Corp,
property owner, having read the terms and
conditions of the Ordinance No. 14-06 and being
familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 131h day of
February, 2006.
8y: Rodney Tschiggfrie
Published officially in the Telegraph Herald
newspaper this 24th day of February, 2006.
/s/ Jeanne F. Schneider, CMC, City Clerk
11 2/24
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 Cline. Motion carried
7-0. Connors moved final consideration and
passage of the Ordinance. Seconded by Jones.
Motion carried 7-0.
58
Regular Session, February 20, 2006
2006 Curb Ramp Installation - CDBG Project,
Phase II: Proof of publication on notice of
hearing to consider adoption of the plans and
specifications for the 2006 Curb Ramp
Installation - CDBG Project, Phase II and award
of the contract to Kluck Construction, Inc., in the
amount of $23,843, and City Manager
recommending approval, presented and read.
Cline moved that the proofs of publication and
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
RESOLUTION NO. 60-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 11th day of January, 2006,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the 2006 Curb Ramp
Installation - CDBG Project, Phase II.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 20th day of
February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 61-06
AWARDING CONSTRUCTON CONTRACT
FOR THE 2006 CURB RAMP INSTALLATION
- CDBG PROJECT, PHASE II
Whereas, sealed proposals have been
submitted by 'contractors for the 2006 Curb
Ramp Installation - CDBG Project, Phase II
pursuant to Resolution No. 23-06 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 20lh day of
January, 2006.
Whereas, said sealed proposals were opened
and read on the 2nd day of February, 2006, and
it has been determined that the bid of Kluck
Construction, Inc. of Dubuque, Iowa, in the
amount of $23,843.00 was the lowest bid for the
fumishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Kluck Construction, Inc. and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 20th day of
February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 62-06
APPROVING CONSTRUCTION CONTRACT
WITH KLUCK CONSTRUCTION, INC. FOR
THE 2006 CURB RAMP INSTALLATION -
CDBG PROJECT, PHASE II
Whereas the City Council by Resolution No.
61-06 awarded the construction contract for the
2006 Curb Ramp Installation - CDBG Project,
Phase II to Kluck Construction, Inc.; and
Whereas Kluck Construction, Inc. has
submitted the attached executed contract and
bond.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are
hereby approved.
2. The City Manager is hereby authorized and
directed to execute the contract on behalf of the
City of Dubuque.
Passed, approved and adopted this 20th day
of February, 2006. .
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Michalski moved to reinstate the rules limiting
discussion to the Councii. Seconded by
Connors. Motion carried 7-0.
ACTION ITEMS
Storage Container Ordinance (First Reading
on February 6, 2006): Communication from
Steward Sandstrom, Dubuque Area Chamber of
Commerce, requesting that he or designees of
the Chamber be given an opportunity to address
the Council regarding the second reading of the
ordinance to regulate exterior storage
containers, presented and read.
Steward Sandstrom, President of the Dubuque
Chamber of Commerce, spoke in opposition to
the proposed Storage Container Ordinance.
An Ordinance Amending Chapter 11 Building
and Building Regulations of the City of Dubuque
Code of Ordinances by adopting a new Article
Regular Session, February 20, 2006
59
VII. Exterior Storage Containers and Storage
Trailers establishing requirements for the use of
exterior storage containers and storage trailers,
said Ordinance having been presented and read
at the Council Meeting of February 6th, now
presented for further action. Connors moved
that this be considered the second reading of
the Ordinance. Seconded by Michalski. Carried
by the following vote: Yeas-Buol, Connors,
Jones, Michalski. Nays-Braig, Cline, Lynch.
Walnut Ridge Estates - Preliminary Plat:
Zoning Advisory Commission recommending
approval of the preliminary plat of Walnut Ridge
Estates as requested by Lester Jennings,
presented and read.
Lester Jennings and Ken Moore spoke about
the proposed development.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
Golf Car Lease Agreement: City Manager
recommending approval of the award of a five-
year lease for fifty (50) golf cars for the Bunker
Hill Golf Course to Tiziani Golf Car Corporation,
presented and read. After discussion, Michalski
moved that the communications be received and
filed and the lease be awarded to Harris Golf
Cars (Yamaha), Peosta, IA. Seconded by Braig.
Carried by the following vote: Yeas-Braig,
Buol, Connors, Jones, Michalski. Nays-Cline,
Lynch.
Organizational Development and Diversity
Training: City Manager recommending approval
of the selection of One Ummah Consulting to
perform Organizational Development and
Diversity Training for City employees at a cost of
$79,200, presented and read. Cline moved to
table this training until after the adoption of the
Fiscal Year 2007 Budget. Seconded by
Michalski. Motion carried 7-0.
City Electrical Ordinance: City Manager
recommending approval of six changes to the
administrative portion of the City's Electrical
Code to make the Electrical Code Board more
user friendly and to add some clarity to the
various descriptions, presented and read.
Connors moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
An Ordinance Amending City of Dubuque
Code of Ordinances Chapter 18 Electricity,
Section 81-2 National Electrical Code-
Amendments, by amending Section 81-3
Electrical Code Board by increasing the number
of members from five to seven and providing for
regular and special meetings; by amending
Section 83-1 Definitions "Apprentice or Heiper,"
"Master Electrician/Eiectrical Contractor," and
"Journeyman Electrician, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 15-06
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES CHAPTER 18 ELECTRICITY,
SECTION 81-2 NATIONAL ELECTRICAL
CODE-AMENDMENTS, BY AMENDING
SECTION 81-3 ELECTRICAL CODE BOARD
BY INCREASING THE NUMBER OF
MEMBERS FROM FIVE TO SEVEN AND
PROVIDING FOR REGULAR AND SPECIAL
MEETINGS; BY AMENDING SECTION 83-1
DEFINITIONS "APPRENTICE OR HELPER,"
"MASTER ELECTRICIAN / ELECTRICAL
CONTRACTOR," AND "JOURNEYMAN
ELECTRICIAN"
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances
S 81-2 is amended by amending S 81-3(b) and
(d)(5) to read as follows:
........
(b) Membership. The electrical code board shall
consist of seven (7) members appointed by the
city council. Six (6) members shall have a
background or experience in electrical
engineering, electrical contracting, electrical
installation or electrical maintenance, and one
(1) member shall be appointed from the public at
large.
(d) Rules and regulations. The board shall make
such rules and prescribe such procedures as
may be reasonably necessary for its operation,
except that such rules shall include the
following:
... '/r"'''
(5) Meetings. Regular meetings of the electrical
code board shall be held on the 4th Monday in
J.anuary, March, May, July, September, and
November. Special meetings may be called from
time to time by the chairperson, the secretary or
the city manager. When the day fixed for any
regular meeting of the board falls upon a day
designated as a legal or national holiday or city
holiday, such meeting shall be held on the next
succeeding day not a holiday. The secretary
shall give notice to the members of the board if
there is no business filed with the secretary to
be heard by the board by noon on the
Wednesday prior to the regular meeting date
and such regular meeting shall stand cancelled.
The secretary shall provide notice of the
cancellation of the meeting in the same manner
as notice of a regular meeting. Members of the
electrical code board shall attend at least two-
thirds (2/3) of all scheduled meetings within a
twelve month period. If any member does not
attend such prescribed number of meetings, it
60
Regular Session, February 20, 2006
shall constitute grounds for the board to
recommend to the city council that said member
be replaced.
Section 2. City of Dubuque Code of
Ordinances 981-2 is amended by amending or
adding in 9 83-1 the following definitions:
Apprentice or helper shall mean a person who
does not hold a license as a journeyman
electrician, maintenance electrician or contractor
and who is assisting in the installation, alteration
or repair of electrical work under the supervision
of a Class I, Ii, or Iii electrical license holder.
Under the supervision of a Class I, Ii, or iii
electrical license holder shall mean that a Class
I, Class Ii, or Class iii certificate competency
holder is physically present on the job site and at
the same project location and that the
apprentice is engaged in the same phase of the
project as the Class I, Class Ii, or Class iii
certificate competency holder. However, the
apprentice is not required to be within sight of
the Class I, Class Ii, or Class Iii certificate
competency holder at all times.
Master electrician/electrical contractor means a
person having the necessary qualifications,
training, experience, and technical knowledge to
pian, layout, install, service and supervise the
installation of electrical wiring, electrical
equipment apparatus, electrical equipment for
light, heat, power, and other purposes and to
supervise apprentices, and who is licensed by
the board.
Journeyman electrician means a person having
the necessary qualifications, training,
experience, and technical knowledge to wire for
or install electrical wiring, electrical apparatus,
and electrical equipment, and to supervise
apprentices, and who is licensed by the
electrical board.
Passed, approved and adopted this 20th day
of February, .
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24th day of February, 2006.
Jeanne F. Schneider, City Clerk
11 2/24
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 Braig. Motion carried
7-0. Lynch moved final consideration and
passage of the Ordinance. Seconded by
Connors. Motion carried 7-0.
Heeb Street and West 17th Street: City
Manager recommending approval of the
installation of a stop sign on Heeb Street at
West 17th Street, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Braig. Motion
carried 7-0.
An Ordinance 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 a stop sign
at the intersection of Heeb Street and West
Seventeenth Street, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 16-06
AN ORDINANCE 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 A STOP SIGN AT THE
INTERSECTION OF HEEB STREET AND
WEST SEVENTEENTH STREET
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
Heeb Street and West Seventeenth Street to
Subsection (b) of Section 32-214 thereof as
follows:
"Sec. 32-214. Stoo Intersections.
(b)
1r ." ." ... ."
SOUTHBOUND
Heeb Street and West Seventeenth Street
Passed, approved, and adopted this 20th day
of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 24th day of February, 2006.
Jeanne F. Schneider, City Clerk
1t 2/24
Michalski 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. Connors moved final consideration and
passage of the Ordinance. Seconded by
Michalski. Motion carried 7-0.
Regional Workforce Investment Board: City
Council appointment to the Regional Workforce
Investment Board, presented and read.
Connors moved that the communication be
received and filed and appointed Mayor Buol to
this Board. Seconded by Cline. Motion carried
7-0.
Old Main Historic District Sidewalks: City
Manager recommending that City Council
schedule a work session on March 27, 2006 to
discuss the Old Main Historic District Sidewalk
Paving Options, presented and read. Michalski
Regular Session, February 20, 2006
61
moved that the communication be received and
filed and approved recommendation. Seconded
by Braig. Motion carried 7-0.
At 9:58 p.m. Michalski moved to go into
Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 Hc)m 2005
Code of Iowa. Seconded by Braig. Motion
carried 7-0.
At 10:17 p.m. Council reconvened Regular
Session stating proper direction had been given
staff.
There being no further business, Michalski
moved to adjoum. Seconded by Lynch. Motion
carried 7-0. The meeting adjourned at 10:18
p.m.
Isl Jeanne F. Schneider, CMC
City Clerk
11 3/1
Approve
Council Members
2006
2006
'lU/~L~a/
62
Special Session, February 21, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 21,
2006
Council met in Special Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of discussing various City departmental
budgets and conducting a public hearing on the
CDBG Fiscal Year 2007 Annual Action Pian.
The budgets for the following City departments
were discussed: Economic Development
Department, Parking Division, Transit Division,
Planning Services Department, and Housing
and Community Development Department.
Economic Development Department:
Michalski reminded staff and Council that the
City needs the Des Moines initiative as much as
the Washington, DC initiative. Connors
requested an ongoing update on the Community
Marketing program.
Transit Division: Discussion centered on the
paratransit (mini-bus) operation and the need for
additional property tax support. The main
reasons for the increase relate to personnel,
diesel fuel and vehicle maintenance costs.
Options recommended to address the Transit
shortfall include implementing a fare increase,
development of a policy for no-shows and late
cancellations, reviewing the various contracts for
mini-bus service, reviewing the eligibility of
current ridership, developing a better process for
bus repairs/maintenance and additional property
tax support.
Sarah Davidson, 125 West 9th Street, spoke
of the importance of the paratransit service and
that making the numbers balance should not be
the number one priority. She stated that in her
opinion neither the mini-bus nor fixed route
operations were being run property. She also
spoke of the number of times mini-bus service is
requested and denied. Michalski commented
that the transit operation needed to be
addressed more often than just during the
budget process.
Parking Division: Michalski requested a
breakout of the number of handicapped parking
spaces by type - street meters, parking lots, and
parking ramps. Jones requested that the use of
credit cards/A TM cards be looked at for the
parking ramps.
Planning Services Department: Michaiski
requested that in addition to the many groups
identified to participate in the Comprehensive
Bluffs Plan, that the BVM Sisters be included.
Charles Winterwood, Chairperson of the Long
Range Planning Advisory Commission, spoke in
support of funding the Comprehensive Biuffs
Plan study.
Housing and Community Development
Department: Staff explained how the reduction
in Community Development Block Grant funds
would be covered. A public hearing was held on
the Fiscal Year 2007 (Program Year 2006)
Community Development Block Grant Annual
Action Plan.
Chris Olson, 1090 Grove Terrace, spoke of the
importance of the Community Development
Block Grant Program and urged the City Council
to continue to communicate this to area
legislators. Michalski commented she was glad
to see that the Neighborhood Recreation
program and Senior Center budgets were not
recommended for cuts.
Michalski moved that the public hearing be
ciosed. Seconded by Braig. Motion carried 7-0.
The remainder of the Housing and Community
Development Department budget was then
presented.
Beverty Berna, Dubuque County Extension
Office, congratulated the City Council on the
various partnerships that have been developed
and spoke of working with the Housing and
Community Development Department on
neighborhood initiatives and the Multi-Cultural
Center.
There being no further business, Cline moved
to adjoum. Seconded by Connors. Motion
carried 7-0. The meeting adjourned at 9:17 p.m.
/s/ Jeanne F. Schneider, CMC
City Cierk
1t3/1
Special Session, February 21, 2006
63
APproved0'~~~-t 3-
Adopted - ,4f''i';7t~~- .:)
2006
2006
Counc:H Members
~
~d~~e~~g
Ity Clerk
64
Special Session, February 23, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 23,
2006
Council met in Special Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of discussing various City departmental
budgets.
Airport Department: Airport Commission
Chairperson Teri Goodmann stated that the
Airport is vital to Dubuque and the position of
Marketing Director is essential to its success.
She further stated that although the position was
not recommended for funding, the Commission
would be striving to find ways to fund it.
Connors and Lynch both agreed that the
position was much needed. Michalski
questioned what would happen to the land
proposed to be purchased for the new terminal
building if that project did not materialize.
Goodmann stated the purchase at this time is
extremely necessary in order for the Airport to
move forward.
Library Department: Discussion centered on
the amount of staffing available at the Library
and what would be necessary for the Library to
be re-opened to the pubiic on Thursday
momings. The proposed renovation project was
also discussed.
Health Services Department: Council
commended Public Health Specialist Mary Rose
Corrigan for her work in making the Community
Health Center a reality. Michalski questioned
whether the Health Services Department would
be involved with the disaster training (NIMS) that
Council would be receiving in the upcoming
months and also if the City was preparing for the
possibility of a flu epidemic.
Sr. Helen Huewe expressed appreciation to
the City Council for funding of the Community
Health Center and spoke of what a positive it
would be for the community.
John Davis, Business Manager for the Rescue
Mission, commented that the free clinic at the
Rescue Mission had over 625 patients in the last
year and that there was a great need for the
Community Health Center.
Kevin Anderson, recently appointed Executive
Director of the Community Health Center,
thanked the City Council for their assistance in
bringing the Center to Dubuque.
Rod Tokheim, Mercy Health Center, spoke in
support of the Community Health Center and
stated that Mercy is fully committed to it along
with The Finley Hospital and Medical
Associates.
Nan Collins, Visiting Nurse Association, spoke
of the positive benefit the Community Health
Center will have on the community.
Jane McCall, Dubuque Humane Society,
spoke of the positive working relationship
between the Health SerVices Department and
the Humane Society and thanked the City
Council for their support.
Purchase of Services:
Sue Czeshinski, speaking for Steward
Sandstrom of America's River, provided an
overview of upcoming events.
Sue Czeshinski, Dubuque Area Chamber of
Commerce - Convention and Visitors Bureau,
provided a brief update on CVB's activities.
Kelley Cooper, Dubuque Area Labor
Management Council, highlighted projects
undertaken in the past year.
Dan LoBianco, Dubuque Main Street Ltd.,
thanked the Council for their support and gave
an update of Main Street's activities.
Bill Baum, Greater Dubuque Deveiopment
Corporation, expressed appreciation for past
and future funding.
Cathy Fuchs, Prevention Specialist at Helping
Services of Northeast Iowa, spoke of the work
the organization does.
Gary Carstens, Lifetime Center, expressed
appreciation to the City for their support and
spoke of the Center's plan to either downsize or
move to a new location. He also stated their
focus was changing more towards health and
wellness for older adults.
Tom Stovall, Operation: New View, updated
the Council on the various programs offered by
Operation: New View and expressed concems
about projected Federal budget cuts. He
requested that City Council submit a ietter to
Federal legislators in support of continued
funding for the Community Services Biock Grant
Program. He was requested to provide a fact
sheet to the City Manager.
Steve Jacobs, Project Concern, updated the
City Council on the Child Care Referral
Program, Foster Grandparent Program and
Information and Referrai and thanked the
Council for their continued support.
Bob Schroeder, Director of RSVP - Retired
Senior Volunteer Program, briefly summarized
RSVP's activities and the positive role it piays in
the community. He stated that the funding from
the City is critical to its continued operation.
Diane Thomas, Substance Abuse Services
Center, expressed appreciation to the City
Special Session, February 23, 2006
Council for their support and spoke of the
changes in the area of substance abuse since
the inception of the Center.
There being no further business, Connors
moved to adjourn. Seconded by Braig. Motion
carried 7-0. The meeting adjourned at 8:48 p.m.
Isl Jeanne F. Schneider, CMC
City Clerk
113/1
Councii Members
65
2006
2006