Minutes City Council 12 3 07
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on December 3, 2007, in the
Historic Federal Building.
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the Council.
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen; City Attorney Lindahl
Invocation was provided by Elder Robert Tyler of Arbor Oaks Bible Chapel.
CONSENT ITEMS
Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by
Connors. Fred Frommelt, 625 Gillespie Street, requested (#12) Acquisition of Property by
Eminent Domain be held for separate discussion. Connors requested that (#9) Government
Finance Officers Association and (#14) Dubuque Southgate Investments Ltd. be held for
separate discussion. Michalski requested (#10) U.S. Department of Housing and Urban
Development be held for separate discussion. Motion carried 7-0.
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. Upon motion the
documents were received and filed.
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. Upon motion the documents were received and filed and
referred to the 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. Upon motion the documents were
received and filed, and concurred.
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. Upon motion the documents were
received and filed and Resolution No. 566-07 Accepting the U.S. 52 Storm Sewer
Improvements Project and authorizing payment of the contract amount to the contractor was
adopted.
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. Upon motion the documents were received and filed and
Resolution No. 567-07 Accepting the City Hall Parking Lot Construction Project and authorizing
payment to the contractor and Resolution No. 568-07 Approving the final assessment schedule
for the City Hall Parking Lot Reconstruction Project were adopted.
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. Upon motion the
documents were received and filed and Resolution No. 569-07 Accepting the Villa Street
Retaining Wall – Ornamental Railing Project and authorizing payment to the contractor was
adopted.
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. Upon motion the
documents were received, filed, and approved.
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. Upon motion the documents were received
and filed and Resolution No. 570-07 Approving the Iowa Department of Transportation
Agreement for Primary Highway Improvements Project No. 2008-16-019 Final Traffic Control
System Improvements was adopted.
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. Upon motion the documents were received and filed and
Resolution No. 571-07 Re-approving the final plat of Asbury Plaza Business Park First Addition
in the City of Dubuque, Iowa, was adopted.
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. Motion by Connors to receive and file the
documents. Seconded by Braig. Connors commended Budget Officer Jennifer Larson for her
good work. 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 consolidated end-of-
year review for program year 2006 was satisfactory and congratulating the City of Dubuque on
its accomplishments. Motion by Michalski to receive and file the documents. Seconded by
Braig. Michalski reiterated the statistics provided by HUD that show the great number of
people served by the Housing and Community Development Department and commended
staff for their work. Motion carried 7-0.
Abstract of Votes: Submittal of the Abstract of Votes for the City Council Election held on the
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6 day of November, 2007. Upon motion the documents were received and filed.
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
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Street for the 32 Street Detention Basin Project Station. Motion by Cline to receive and file
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the documents and adopt Resolution No. 572-07 Authorizing the commencement of eminent
domain proceedings for the acquisition of certain real property owned by the estate of Arthur P.
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Frommelt in the City of Dubuque, Iowa for the 32 Street Detention Basin Project Station.
Seconded Connors. Fred Frommelt, 625 Gillespie, spoke in opposition to the proposed
eminent domain proceedings and stated the road has always been over the reservoir. He
suggested slowing the project’s momentum, leave the house, and create the planned silt pond,
and then see what evolves. He was in favor of taking more time to look at the project and
lowering the road to prevent demolition of the house. Cline requested the City Manager read
the staff memo. Motion carried 7-0.
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. Upon motion the documents were received,
filed, and approved.
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. Motion by Connors to receive and filed the documents and refer to the City Manager.
Seconded by Lynch. Connors requested that the City Manager report back to Council. Motion
carried 7-0.
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. Upon motion the documents were received, filed,
and approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 573-07
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; and Resolution No. 574-07 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 were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Cline to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion
carried 7-0.
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. Upon motion the documents were received
and filed and Resolution No. 575-07 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 was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the
Historic Federal Building.
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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. Upon motion the documents were
received and filed and Resolution No. 576-07 Preliminary approval of plans, specifications,
form of contract, and estimated cost for the John F. Kennedy Sidewalk Construction Project;
Resolution No. 577-07 Setting date of public hearing on plans, specifications, form of contract,
and estimated cost for the John F. Kennedy Sidewalk Construction Project; Resolution No.
578-07 Ordering bids for the John F. Kennedy Sidewalk Construction Project; Resolution No.
579-07 Resolutionf Necessity for the John F. Kennedy (JFK) Sidewalk Installation Project,
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from Asbury Road to Iowa Hwy 32 (Northwest Arterial); and Resolution No. 580-07 Fixing date
of hearing on Resolution of Necessity were adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on December 17, 2007, in the Historic Federal Building.
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. Upon
motion the documents were received and filed and Resolution No. 581-07 Preliminary approval
of plans, specifications, form of contract, and estimated cost for the Bee Branch Floodwall
Pumping Station Auxiliary Power Project; Resolution No. 582-07 Setting date of public hearing
on plans, specifications, form of contract, and estimated cost for the Bee Branch Floodwall
Pumping Station Auxiliary Power Project; and Resolution No. 583-07 Ordering bids for the Bee
Branch Floodwall Pumping Station Auxiliary Power Project were adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on December 17, 2007, in the Historic
Federal Building.
ACTION ITEMS
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. Motion
by Michalski to receive and file the documents and adopt Resolution No. 584-07 Resolution of
Support for NICC’s ballot measure, Ensuring the Future for Students and Communities.
Seconded by Cline. Lynch said this is a good thing and long overdue. Buol said he totally
agreed with the measure and that it was needed for the City and the region. Jones said it was
too bad the measure didn’t pass the previous time. Michalski said the City needs to be
supportive and committed to the measure. Motion carried 7-0.
Washington Neighborhood Vision: City Manager submitting the “Washington Neighborhood
Revitalize: Envisioning the Future for Dubuque’s Washington Neighborhood” report. Motion by
Cline to receive and file the documents. Seconded by Connors. David Boyd, MSN
Representative, reviewed the report with the City Council. Washington Neighborhood
Association President Teresa Caldwell presented the vision statement and plaque to the
Mayor. Motion carried 7-0.
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
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Third Street. Motion by Cline to receive and file the documents and refer to the City Manager.
Seconded by Lynch. James Edwards read the petition. Cline said that it is a very busy, heavily
traveled intersection and suggested referring it to the City Manager and Engineering
Department for review. Jones said that a four-way stop might be a quick fix and that it should
be properly corrected now. He also suggested referring it to the City Manager and staff for
review. Lynch concurred that it is a dangerous intersection and favored a complete study.
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Michalski concurred that Hill and 3 Streets is heavily traveled. Motion carried 7-0.
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. Motion
by Connors to receive and file the documents and adopt Resolution No. 585-07 Supporting the
application from Michelle Mihalakis to the Iowa Department of Economic Development for
HOME Investment Partnership Program funds. Seconded by Cline. Connors thanked Mihalakis
for her work. Motion carried 7-0.
2160 Elm Street – Request to Rezone (First Reading on November 19, 2007): Motion by
Connors to receive and file the documents and 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 passed be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 60-07 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. Seconded by Braig. Motion
carried 7-0.
Residential Parking Permit District (First Reading on November 19, 2007): Motion by Jones
to receive and file the documents and 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 passed be suspended. Seconded by Connors. Motion carried 7-0
Motion by Jones for final consideration and passage of Ordinance No. 61-07 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.
Seconded by Braig. Motion carried 7-0.
Human Relations Ordinance (First Reading on November 19, 2007): Motion by Connors to
receive and file the documents and 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 passed be suspended. Seconded by Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 62-07 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
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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. Seconded by Braig. Motion carried 7-0.
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. Motion by Cline to receive and file the documents and approve. Seconded by Lynch.
Cline said that she was glad to support it. Braig said it was a great addition to the City. Motion
carried 7-0.
There being no further business, upon motion the Council adjourned at 7:31 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 12/12
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