12 3 07 City Council Agenda w/Icons
ROLL CALL ORDER
FOR MEETING OF
12/3/07
BUOL
CLINE
CONNORS
JONES
LYNCH
MICHALSKI
BRAIG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, DECEMBER 3, 2007
PLEDGE OF ALLEGIANCE
INVOCATION
Elder Robert Tyler, Arbor Oaks Bible Chapel
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
Airport Commission of 8/27; City Council of 11/19; Park and Recreation Commission of
11/13; Transit Board of 9/13
Proof of publication of City Council Proceedings of November 5, 2007
Suggested Disposition: Receive and File
AirportCity CouncilPark and RecTransit
2. Notice of Claims/Suits
Allied Insurance for wrongful death claim of Lauren Schmidt; Brady & O’Shea, P.C. for
personal injury claim of Dorothy Herron; Hope McDermott for personal injury; Jill
Jellison for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Hope
McDermott for personal injury; Allied Insurance for wrongful death; Dorothy Herron for
personal injury
City Attorney recommending settlement of the claim of Kurt Becker for property damage
and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur
Claims - ICAPClaim - Settled
3. U.S. 52 Storm Sewer Improvements Project
City Manager recommending acceptance of the U.S. 52 Storm Sewer Improvements
Project as completed by McClain Excavating Company, Inc. in the final contract amount
of $178,150.63.
RESOLUTION
Accepting the U.S. 52 Storm Sewer Improvements Project and
authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
US 52 - MVM MemoUS 52 - Staff MemoUS 52 - ResolutionUS 52 - Certificate of US 52 - Final
CompletionPayment Form
4. City Hall Parking Lot Construction Project
City Manager recommending acceptance of the City Hall Parking Lot Construction
Project as completed by Portzen Construction, Inc. in the final contract amount of
$673,974.08.
RESOLUTION
Accepting the City Hall Parking Lot Construction Project and authorizing
payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
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Parking Lot - MVM Parking Lot - Staff Parking Lot - Final Schedule of Certificate of Parking Lot - Final
MemoMemoResolutionsAssessmentsCompletionPayment Form
5. Villa Street Retaining Wall – Ornamental Railing Project
City Manager recommending acceptance of the Villa Street Retaining Wall –
Ornamental Railing Project as completed by Becker & Sons Stone Co., Inc. in the final
contract amount of $94,861.15.
RESOLUTION
Accepting the Villa Street Retaining Wall – Ornamental Railing Project
and authorizing payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Villa - MVM MemoVilla - Staff MemoVilla - ResolutionVilla - Certificate of Villa - Final Payment
CompletionForm
6. Request for Proposals (RFP) - East – West Corridor Connectivity Study
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) for engineering services required to complete the East - West Corridor
Connectivity Study.
Suggested Disposition: Receive and File; Approve
RFP - MVM MemoRFP - Staff MemoRequest for
Proposals
7. Iowa Department of Transportation Final Traffic Control System Improvements
Agreement
City Manager recommending approval of the Iowa Department of Transportation (IDOT)
Final Traffic Control System Improvements Agreement.
RESOLUTION
Approving the Iowa Department of Transportation Agreement for
Primary Highway Improvements Project No. 2008-16-019 Final Traffic Control System
Improvements
Suggested Disposition: Receive and File; Adopt Resolution
Agreement - MVM Agreement - Staff Agreement - IDOT Agreement
MemoMemoResolution
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8. Final Plat – Asbury Plaza Business Park
City Manager recommending approval of a 180 day extension and re-approval of the
final plat of Asbury Plaza Business Park as requested by Wendell Corey, Motor City,
LLC.
RESOLUTION
Re-approving the final plat of Asbury Plaza Business Park First Addition
in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Final Plat - MVM Final Plat - Staff Final Plat - Final Plat - Corey LtrPrevious Council
MemoMemoResolutionMaterial
9. Government Finance Officers Association
Communication from the Government Finance Officers Association advising that Budget
Director Jennifer M. Larson has been presented the Distinguished Budget Presentation
Award.
Suggested Disposition: Receive and File
GFOA Ltr
10. U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development (HUD)
advising that the consolidated end-of-year review for program year 2006 was
satisfactory and congratulating the City of Dubuque on its accomplishments.
Suggested Disposition: Receive and File
HUD Ltr
11. Abstract of Votes
th
Submittal of the Abstract of Votes for the City Council Election held on the 6 day of
November, 2007.
Suggested Disposition: Receive and File
Abstract of Votes
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12. Acquisition of Property by Eminent Domain
City Manager recommending approval of the commencement of eminent domain
nd
proceedings for acquisition of the property at 625 Gillespie Street for the 32 Street
Detention Basin Project Station.
RESOLUTION
Authorizing the commencement of eminent domain proceedings for the
acquisition of certain real property owned by the estate of Arthur P. Frommelt in the City
nd
of Dubuque, Iowa for the 32 Street Detention Basin Project Station
Suggested Disposition: Receive and File; Adopt Resolution
Property - MVM Property - Staff Property - ResolutionNotice of Intent
MemoMemo
13. Interstate Power Transmission Assets
City Manager recommending approval of the partial assignment by Interstate Power &
Light Company to ITC Midwest LLC, a Michigan limited liability company, of its rights,
liabilities and obligations related to certain transmission assets under the City of
Dubuque Electric Franchise.
Suggested Disposition: Receive and File; Approve
Interstate - MVM Interstate - Staff Partial Franchise Interstate 11/26/07 Interstate 11/16/07 Consent to
MemoMemoAssignmentLtrLtrAssignment
14. Dubuque Southgate Investments Ltd.
Communication from Daniel J. Mueller regarding the development of Dubuque
Southgate’s property and the previous request for acceptance of the streets.
Suggested Disposition: Receive and File; Refer to City Manager
Mueller Ltr
15. State Historic Preservation Office – Preserve America Grant Application
City Manager recommending approval of a Letter of Support for the State Historic
Preservation Office (SHPO) Preserve America grant application.
Suggested Disposition: Receive and File; Approve
SHPO - MVM MemoSHPO - Staff MemoLetter of SupportSHPO Grant
Application
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16. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “B” Beer Permit to UAW Local #94;
and a Class “C” Beer Permit to Hy-Vee #2 and Sam’s Club #4973
RESOLUTION
Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to
Julien Inn; Class “C” Beer/Liquor License to Instant Replay, Las Margaritas, The White
House and Pepper Sprout; Class “B” Wine to Sam’s Club and Hy-Vee #2; and Class
“WBN” Native Wine to Dubuque Area Chamber of Commerce and Engraved Gift
Collection
Suggested Disposition: Receive and File; Adopt Resolutions
Renewals - MVM Renewals - Staff Resolution #1Resolution #2
MemoMemo
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Traut Terrace Vacate Petition
City Manager recommending that a public hearing be set for December 17, 2007 to
consider a request from Greg Laufenberg for vacating and sale of a portion of Traut
Terrace south of Diagonal Street.
RESOLUTION
of Intent to vacate and dispose of City interest in Lot 8A of Dunn’s
Subdivision in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
12/17/07
Traut - MVM MemoTraut - Staff MemoTraut - ResolutionTraut - Vicinity MapTraut Terrace - Plat
2. John F. Kennedy Sidewalk Construction Project
City Manager recommending initiation of the public bidding process for the John F.
Kennedy Sidewalk Construction Project and that a public hearing be set for December
17, 2007 to consider approval of the plans and specifications, form of contract, and
estimated cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost for the John F. Kennedy Sidewalk Construction Project
RESOLUTION
Setting date of public hearing on plans, specifications, form of contract,
and estimated cost for the John F. Kennedy Sidewalk Construction Project
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RESOLUTION
Ordering bids for the John F. Kennedy Sidewalk Construction Project
RESOLUTION
f Necessity for the John F. Kennedy (JFK) Sidewalk Installation Project,
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from Asbury Road to Iowa Hwy 32 (Northwest Arterial)
RESOLUTION
Fixing date of hearing on Resolution of Necessity
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
12/17/07
Sidewalk - MVM Sidewalk - Staff Sidewalk - Assessments Preliminary Gordon Drive
MemoMemoResolutionsResolutionsAssessments
Kaufmann - Marywood - Spring Rosewood - Spring Valley -
RosewoodValleyMarywoodDubuque Advertiser
3. Bee Branch Floodwall Pumping Station Auxiliary Power Project
City Manager recommending initiation of the public bidding process for the Bee Branch
Floodwall Pumping Station Auxiliary Power Project and that a public hearing be set for
December 17, 2007 to consider approval of the plans and specifications, form of
contract and estimated cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power Project
RESOLUTION
Setting date of public hearing on plans, specifications, form of contract,
and estimated cost for the Bee Branch Floodwall Pumping Station Auxiliary Power
Project
RESOLUTION
Ordering bids for the Bee Branch Floodwall Pumping Station Auxiliary
Power Project
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
12/17/07
Bee Branch - MVM Bee Branch - Staff Bee Branch -
MemoMemoResolutions
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ACTION ITEMS
These are items where discussion is held by the City Council – public comments are not
allowed except as authorized by the Mayor.
1. Northeast Iowa Community College
Communication from Penelope H. Wills, Ph.D., President of Northeast Iowa Community
College, requesting City Council adopt a Resolution of Support for NICC’s ballot
measure Ensuring the Future for Students and Communities.
RESOLUTION
of Support
Suggested Disposition: Receive and File; Adopt Resolution
NICC - Wills LtrNICC - Resolution
2. Washington Neighborhood Vision
City Manager submitting the “Washington Neighborhood Revitalize: Envisioning the
Future for Dubuque’s Washington Neighborhood” report.
Suggested Disposition: Receive and File
Vision - MVM MemoVision - Staff ReportVision - Final Report
3. Citizen Petition
Communication from James R. Edwards, 390 Hill Street, requesting to address the City
Council to submit a petition regarding the intersection of Hill Street and West Third
Street.
Suggested Disposition: Receive and File; Council
Edwards Petition
4. HOME Application
City Manager recommending approval of a request from Michelle Mihalakis for City
support of an Iowa Department of Economic Development HOME Program funding
application for an 18-room single room occupancy project at 2160 Elm Street.
RESOLUTION
Supporting the application from Michelle Mihalakis to the Iowa
Department of Economic Development for HOME Investment Partnership Program
funds
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Suggested Disposition: Receive and File; Adopt Resolution
HOME - MVM MemoHOME - Staff MemoHOME - ResolutionHOME - Mihalakis LtrHOME - Support Ltrs
5. 2160 Elm Street – Request to Rezone (First Reading on November 19, 2007)
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 2160 Elm
Street from R-2A Alternate Two-Family Residential District to OR Office Residential
District
Suggested Disposition: Receive and File; Second Reading or Motion B; Motion A
2160 Elm - ZAC Ltr2160 Elm - 2160 Elm - Mihalakis 2160 Elm - Vicinity 2160 Elm - Staff 2160 Elm - Ordinance
ApplicationLtrMapReport
2160 Elm - Support Davis LtrCurtis Ltrs (2)Suggested Motion
Ltrs
6. Residential Parking Permit District (First Reading on November 19, 2007)
ORDINANCE
Amending the Code of Ordinances of the City of Dubuque, Iowa by
repealing Subsection (a) of Section 32-321.733 Establishing Residential Parking Permit
District A and adopting in lieu thereof a new Subsection (a) of Section 32-321.733 Re-
establishing Residential Parking Permit District A
Suggested Disposition: Receive and File; Second Reading or Motion B; Motion A
RPPD - MVM MemoRPPD - Staff MemoRPPD - OrdinanceRPPD - Vicinity MapSuggested Motion
Material from November 5, 2007 City Council Meeting
RPPD - MVM MemoRPPD - Staff MemoRPPD - ResolutionRPPD - Vicinity MapRPPD - UD Ltr
7. Human Relations Ordinance (First Reading on November 19, 2007)
ORDINANCE
Amending the City of Dubuque Code of Ordinances Chapter 27 Human
Relations, Section 27-1 Definitions by adding a new definition for “Gender Identity” and
deleting the definition of “Religious Education Institution”; amending Section 27-51
Aiding or Abetting, Prohibiting Aiding or Abetting Unfair or Discriminatory Practices
Based on Gender Identity; amending Section 27-61,Prohibited Practices Relating to
Unfair or Discriminatory Practices relating to Public Accommodations Based on Gender
Identity; Amending Section 27-71 Prohibited Practices Relating to Unfair or
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Discriminatory Practices in Employment Based on Gender Identity; amending Chapter
27-72 Exemptions Relating to Unfair or Discriminatory Practices in Certain Consumer
Credit Transactions Based on Sexual Orientation or Gender Identity; amending Section
27-101 Prohibited Practices; Exceptions Relating to Unfair or Discriminatory Practices
by Educational Institutions Based on Gender Identity; amending Section 27-131
Prohibitions Relating to Discrimination in the Sale or Rent of a Dwelling based on
Gender Identity; amending Section 27-132 Exemptions Exempting Certain Religious
Organizations from Certain Conduct Based on Gender Identity; amending Section 27-
133 Discrimination in Residential Real Estate-Related Transactions Relating to
Discrimination in Certain Real Estate-Related Transactions Based on Gender Identity;
amending Section 27-134 Discrimination in Provision of Brokerage Services Relating to
the Denial of certain Brokerage Services Based on Gender Identity; amending Section
27-145 Violations; Bodily Injury; Death; Penalties Prohibiting Injury, Intimidation or
Interference with a Person Based on Gender Identity
Suggested Disposition: Receive and File; Second Reading or Motion B; Motion A
Human Rights Ordinance - Staff Human Rights Staff Human Relations Atty General LtrSuggested Motion
Commission LtrMemoMemoOrdinance
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
Jeanne F. Schneider
November 29, 2007
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