12 3 07 Clerk's Skeleton Notesr
CITY COUNCIL REGULAR SESSION, DECEMBER 3, 2007
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESENT: MA OR BU~SL, COUNCIL MEMBERS BRAIG, CL~NE, CON~]ORS, JOKES,
LYNCH, MICH~-LSKI '
CITY MANAGER VAN~IAILLIGEN; CITY ATTORNEYfCINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
INVOCATION: Elder Robert Tyler, Arbor Oaks Bible Chapel
•
•
•
CONSENT ITEMS
Ayes
_ Nays
4/
Buol
/ i Cline
~ onnors
/ ; .. Jones
/ Lynch
j
~ Michalski
~ Braig
rd-
~f
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
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
2
,,%' .{
~~,i
~ q Rio
~'
~~
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 J ~~'~ ~ 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
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 .5~ ~ Accepting the City Hall Parking Lot Construction Project
and authorizing payment to the contractor
RESOLUTION J`~ ~ Approving the final assessment schedule for the City
Hall Parking Lot Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolutions
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
Ayes Nays
Buol
Cline
Connors
Jones
Lynch
Michalski
Braig
•
3
6. Re uest for Pro osal -
q p s (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
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 J 7l~ 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
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
Ayes Nays
Buol
Cline
Connors
Jones
Lynch
Michalski
Braig
•
4
A YM
~7 d n f~ A~?
I~ ~ ~i~~l t~~ ,~f~,J~
1~ ~~ , F~ ; ~F ~ ) t
r
l N4~'^ Pf IF YJ ~~1
~~F~ 1µ~
~4~
R~ ~ ~
,~ ~~ r
~~~ tip'
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
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
11. Abstract of Votes
Submittal of the Abstract of Votes for the City Council Election held on the 6th day of
November, 2007.
Suggested Disposition: Receive and File
12. Acquisition of Property by Eminent Domain
City Manager recommending approval of the commencement of eminent domain
. proceedings for acquisition of the property at 625 Gillespie Street for the 32"d 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 of Dubuque, Iowa for the 32"d Street Detention Basin Project ~,~~
Station l
/~ r ~
Suggested Disposition: Receive and File; Adopt Resolution ~ l' r~~ ~~- ~/n1~,
"~ ~~~ ~rV
~ ~: ~ ~
7 ~ ~ ~~~ ~~ ~ ~~
~ ~ . ~ ~~ ~r~ ~ ~
~'~ ~ Ayes Nays ~ t
~~~ ~. ~ / % Buol
~f / ~.r~,..~ } ~~ ~/
~~ ~ / Cline ~°` ~ ~~, ~ of
~~ ~ j ~ ~~ Connors r ~ ~ (~ ~'' •
/~ p / ~ Jones ~~ / ~ >~(i~
l~ / Lynch r ;~;~~~ `~~ /'
/ ~ ~j' ichalski ~~ ,t` I
,/ ~ ~.
raig r~ ~
~~}~ ~ '~
.' /~•
' (~
5
13.
•
•
14.
15.
16.
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
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
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
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 ~ i ~ 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
~~
~f
Buol
z
6
~s Nays
j Cline
,~ Connors
ones
- ynch
,~~` Michalski
Braig
.~~ ~;'~
;.-~~" ~`
r'
/ A
i , ~~j~~
~~
~~ .
i
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
+~yes Nays
Buol
Cline
Connors
/ Jones
/ ~ Lynch
Michalski
Braig
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
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 5 '~~ 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
.--
RESOLUTION J ?
Construction Project
Ordering bids for the John F. Kennedy Sidewalk
RESOLUTION J ~% of Necessity for the John F. Kennedy (JFK) Sidewalk
Installation Project, from Asbury Road to Iowa Hwy 32 (Northwest Arterial)
•
RESOLUTION _ ,~~~~
Fixing date of hearing on Resolution of Necessity
7
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
12/17/07
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 S~~ 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
•
•
8
.~~J
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 j~
Suggested Disposition: Receive and File; Adopt Resolution ~ -
~ ' ~:
`!~~~ ~ f ~ ~~`r`~ ~~ , A s Nays L`~ ~~` /~~,
~~
•~ " line ' / ~
~ ~ ~~
~~k ~, ~ ~1~,~ ~ / , Connors ~ ,~~ ~~-
~, (~/ ~ , Jones ~ ~, 6" ~
~ ~ ~}~' ~~/~ ,~ : ynch ~i
G' "~ ~ ; ~ ichalski ~ ~~~
~ ~ Braig /~'~ p~
. r~,~. ~,
!y~
2. Washington Neighborhood Vision
City Manager submitting the "Washington Neighborhood Revitalize: Envisioning the J
Future for Dubuque's Washington Neighborhood" report. ~ ~~.
Suggested Disposition: Receive and File , ~ ~~
•
~~ ~.
/~ ~~
yes Nays ~ ~/~~`` ~~
j' k.~
Buol (.~ ~ ; . ~-
/ ~,
// ~ line ~ ~~ ~~' ~~
//~ ~onnors ~ / ~~i.!~ ~ p~r'-
-~' Jones ~ ~~ /~'
y / f
Michalski ~~r_ `~ '~
~ Braig ~ ~ ~~
~~
~~
1 '~,
9
~~~
~~
~~~~
4l
`~ ~6r U~ /
V
V
~'h~~ ~ ~~ ~ ~ir~
~ ~ n
~~ pF~ , Wi°l~h~
:~
4 U.
~J\~~
W
~~ ~~~ `.?
~~"
~`~ ,~
a~ d ~~
"~~~
~`~~
.~
~,
r t~~~'
~,
• 3. Citizen Petition
~,~
1
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
,~ ~
~'
/',~ ~, ~ es Nays ~,
~// I,~, ~ 1~,~ y J Buol ~r
l' r,~ ~ ~i)Cline `
~!~~ r1- /~ Connors
~' ~~1~~ ,1~V // Jones
( ~ / . ~~ynch
,~~ ~ ~' Michalski
~~~' ~ Braig
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
Su ested Dis ositi n• '~~ ~~
gg p o .Receive and File; Adopt Resolution /~
Ayes Nays
Buol
,
line
~ Connors
/ - Jones
Lynch
/ Michalski
Braig
•
~~,i ~ ~~~
,~~ ~~~
^ ~ ~' %
f ~~ ~ ~
/`
-~~
10
5. 2160 Elm Street -Request to Rezone (First Reading on November 19, 2007)
ORDINANCE k> ~ 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
Ayes Nays
j Buol
~/ ~ Cline
Connors
J, ones
ynch
Michalski
Brai
g
•
A~es Nays
Buol
Cline
~~onnors
// Jones
~// Lynch
Michalski
~~~~raig
11
~~
~ I:
GJ
D
~~~
6. Residential Parkin Perm'
it 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
Ayes Nays
,~
f Buol
line
'~' Connors
/ Jones
,~ Lynch
Michalski
Braig
•
Ayes Nays
1/. Buol
Cline
- onnors
~/ ones
Lynch
Michalski
~C~raig
•
/A
^/~ Y
r// I
12
7. Human Relati
ons 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 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
Ayes Nays
Buol ,~~
/ r~
Cline
,~ ~,
Connors ~~~ ~
'Jones ~~,
Lynch ~`
Michalski
~` Braig
4
Ayes Nays / ~1 /A~
~ Buol '' ~~~"
,/~ Cline
/~1 Connors
Jones
Lynch
ichalski
`' raig
/ ~_
13
•e
Dubuque Community Ice and Recreation Center, Inc.
City Manager recommending financial assistance for the Dubuque Community Ice and
Recreation Center, Inc., to help leverage state funding.
Suggested Disposition: Receive and File; Approve
yes Nays
Buol
>~ Cline
/ Connors
Jones
~~ynch
Michalski
,~ ~ ~ Braig
COUNCIL MEMBER REPORTS
PUBLIC INPUT
~~~)u ~~',~I
~,~~
., ;a
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.
Motion to adjourn at _ i ~,~%
•
Ayes Nays
14
j Buol
Cline
.~ , ~ onnors
Jones
j Lynch
ichalski
Braig