Proof of Publication City Council 11 19 07Communities Assur-
e Pool: Eileen Geraghty
personal injury; Wesley
Heimke for property
cage; Latanji Threadgill
personal injury. Upon
ion the documents
e received and filed,
concurred.
eras College Pedestrian
Ige: City Manager rec-
nending approval of an
vocable license in re-
use to a request from
ies E. Collins, Presi-
[ of Loras College, to
i a pedestrian bridge
Cox Street. Upon mo-
the documents were
jived, filed, and ap-
ibuque Community Ice
Recreation Center,
Communication from
Woodward, President
ibuque Community Ice
Recreation Center,
requesting financial
stance from the City in
port of their Vision lo-
Community Attraction
Tourism (CAT) Pro-
~ grant application.
n motion the docu-
ts were received, filed,
referred to the City
itizen Communications:
munication from Nick
n, 2918 Arabian' Trail,
- nesting that the speed
t on Carter Road from
e Street to 32nd Street
changed to 35 miles
hour.
munication from John
lahan regarding staffing
cerns at the 911 Cen-
Upon motion the
uments were received,
and referred to the
newal Rates for Volun-
Dental Plan: City Man-
r recommending ap-
val of the renewal rates
the City's voluntary
tal plan. Upon motion
documents were re-
ed, filed, and ap-
ved.
rug Awareness Resist-
e Education (DARE)
tract: City Manager
mmending approval of
2007/2008 DARE con-
t between, the City of
uque, the Dubuque
munity Schools and
Holy Family Catholic
Dols. Upon motion the
uments were received,
,and approved.
otice of Voluntary Set-
ent: Communication
the Board of Review
ising of the Voluntary
lement Agreement with
iacom Communica-
s Corporation regard-
their property tax as-
ment appeal. Upon
'on the documents
received and filed.
Stipulation of Settle-
e ocuments were re-
ceived and filed and Reso-
lution No. 547-07 Accept-
ing improvement and Res-
olution No. 548-07 Ap-
proving final estimate were
adopted.
PEG Capital Grant Ex-
penditures: City Manager
recommending approval of
two requests for funding
from the Capital Grant for
Access Equipment and Fa-
cilities. Upon motion the
documents were received,
filed, and approved.
General Obligation Bonds
- Series 2007A: City Man-
ager recommending ap-
proval of the final action
necessary for the issuance
of the General Obligation
Bonds -Series 2007A in
support of stormwater
projects. Upon motion the
documents were received
and filed and Resolution
No. 549-07 Appointing
Wells Fargo Bank, National
Association of Des
Moines, Iowa, to serve as
Paying Agent, Bond Regis-
trar, and Transfer Agent,
approving the Paying
Agent and Bond Registrar
and Transfer Agent Agree-
ment and authorizing the
execution of the Agree-
ment; and Resolution No.
550-07 Authorizing and
providing for the issuance
of $1,055,000 General Ob-
ligation Bonds, Series
2007A, and levying a tax to
pay said bonds were
adopted.
General Obligation Re-
funding Bonds - Series
20078: City Manager rec-
ommending approval of
the final action necessary
for the issuance of the
General Obligation Re-
funding Bonds - Series
20078. Upon motion the
documents were received
and filed and Resolution
No. 551-07 Appointing
Wells Fargo Bank, National
Association of Des
Moines, Iowa, to serve as
Paying Agent, Bond Regis-
trar, and Transfer Agent
and approving the Paying
Agent and Bond Registrar
and Transfer Agent Agree-
ment and authorizing ~ the
execution of the Agree-
ment; Resolution No. 552-
07 Authorizing and provid-
ing for the issuance of
$2,965,000 General Obli-
gation Refunding Bonds,
Series 20078, and levying
a tax to pay said bonds;
and Resolution No. 553-07
Authorizing the redemption
of the outstanding General
Obligation Bonds, Series
2000C, dated November 1,
2000, of the City of Dubu-
que, Iowa, and directing
notice of redemption were
adopted.
Terminal Street Pumping
Motion by Michalski for
final consideration and
passage of Ordinance No.
58-07 Amending Ordi-
nance No. 57-07 Amend-
ing Appendix A, the Zon-
ing Ordinance, of the City
of Dubuque Code of Ordi-
nances, by adopting a new
Section 4-8.4 Establishing
a Moratorium on the Use
of Certain Property as an
Adult Entertainment Estab-
lishment. Seconded by
Connors. Motion carried 6-
0.
Pennsylvania Avenue -
Speed Reduction and
Lane Modification: City
Manager recommending
approval of changes to the
traffic conditions in the
Pennsylvania Avenue, from
John F. Kennedy Road to
the Northwest Arterial, cor-
ridor. Motion by Jones to
receive and file the docu-
ments and that the re-
quirement that a proposed
ordinance lie 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. Cline referenced
City Engineer Gus
Psihoyos' memo that his
department is in the proc-
ess of collecting informa-
tion and reviewing other
intersections within the
City. Michalski asked rep-
resentatives of the Dubu-
que Community School
District what Hempstead
High School is planning
and what they see their
role as in correcting this is-
sue. Kris Hall of the Dubu-
que Community School
District said that the Dis-
trict is taking this very seri-
ously and they will provide
information on what plan is
in place and what is plan-
ned for the future. Motion
carried 6-0.
Motion by Jones for final
consideration and passage
of Ordinance No. 59-07
Amending the City of Du-
buque Code of Ordinances
Chapter 32 Motor Vehicles
and Traffic by revising
Section 32-321.285(c) Lim-
its Generally, reducing the
speed limit on Pennsylva-
nia Avenue in the vicinity
of Stephen Hempstead
High School during the ac-
tivation of yellow flashing
lights. Seconded by Braig.
Motion carried 6-0.
Mayor Buol, via tele-
phone, left the meeting at
7:02 p.m.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Jones to re-
ceive and file the docu-
ments, set the public hear-
ings as indicated, and di-
rect the City Clerk to pub-
lish notice as prescribed
Elm Street from R-2A Al-
ternate Two-Family Resi-
dential District to OR Of-
fice Residential District.
Michelle Mihalakis spoke
in support of the ordinance
and reviewed the benefits
to the community and
project details, which will
include additional street
lighting and exterior secur-
ity cameras. Planning
Services Manager Laura
Carstens provided a staff STATE OF
report. Motion carried 5-0.
Medical Associates Clinic
/ Robert Hartig -Planned ~ ~T T~T T ^ ~E
U U (
'
Unit Development District ~[
(PUD) Amendment: Com-
munication from Bob. Har-
tig, Director of Facilities -
Medical Associates re-
IOWA {SS:
COUNTY
questing that this item be CERTIFICATION OF PUBLICATION
tabled to December 17,
2007.
Proof of publication on
notice of public hearing to
consider a request from
Medical Associates Clinic /
Robert Hartig to amend I, Kathy Hefel-Goetzinger, a Billing Clerk for Woodward Communications, Inc.,
the existing Associates an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general
Park Planned Unit Devel-
opment (PUD) District to circulation ublished in the City of Dubuque, County of Dubuque and State of
designate a portioh of the p
existing greenway buffer Iowa• hereby certify that the attached notice was published in said newspaper on
for business use and Zon- ,
ing Advisory Commission the followin dates: November 28, 2007, and for which the charge is $230.60.
recommending denial. g
Communication from
Kathleen R. Kelley, 3836
Cora Drive, in opposition
to the proposed amend-
' ment to the Associates
Park Planned Unit Devel- _,,
opment District.
Motion by Connors to re- + i I
ceive and file the docu- ( ~ v ~ ; c c_, ~,
ments and refer issue back
to the Zoning Advisory
Commission for further re- - "
view. Seconded by Jones.
Connors said that the
Council had learned of a
Zoning Advisory Commis-
sion member visiting the
site with the developer at
the invitation of the prop- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
erty owner, which may
have potentially skewed th1S _~ y 20
the Commission's vote. °2 da Of <~d~Tl , O
Since this issue is a quasi-
judicial matter, she recom-
mends sending the entire
issue back to the Zoning
Commission and give all
the Commissioners the op-
portunity to visit the site,
after which the Commis-
sion should discuss, re-
view, and revote before re-
submitting to the City
Council. Motion carried 5-
0.
Residential Parking Per-
mit District: Proof on publi-
cation of notice of public
hearing to consider
amending Residential
Parking Permit District A
by excluding from it that
section of Grace Street
from McCormick Street to
a point 270 feet east of
McCormick Street and City
Manager recommending
Notary Public in and for Dubuque County, Iowa.
.,r
8M
x;ts
fiat
soli
aW
ieS
4~
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDIN(ii$ "
The Dubuque City Co
cil met in regular
at 6:30 p.m. on Novem
19, 2007, in the Hilt
Federal Building.
Present: Ma Pro-T
Cline, Mayor Buol
Telephone) Council M
hers Braig,
Jones, Lynch, M(chals
City Manager Van MlNige
City Attorney l.indahi
Absent: Council Mem
Kevin Lynch
Mayor Pro-Tem Cli
read the call and slat
this was a regular sessio
of the Dubuque City Coun
cil called for the pu
of discussing such matt
which may properly
before City Council
Invocation was prov'
by Dr. Ken Bickel. Fi
Presentation by
Brady and David Colen o
the United States Poe
Inspection Service to Fi
Chief Dan Brown and P
ice Chief Kim Wadding i
ppreciation of su
om the Dubuque Pol'
nd Fire Departments
ell as the t]uad Cities
Dinh Squad.
CONSENIT ITEMS
Motion by Connors to re-
eive and file the docu-
ents and dispose of as
dk:ated. Seconded
raig. Planning Serves
onager Laura Carstens
equested (#23) Compre-
ssive Bluff Plar- be held
r separate dissuasion.
otion carried 6-0.
Minutes and Reports
ubmitted: City Council of
• 1/5, 11/8 and U1/9; Hu-
an Rights Conrni~ion of
0/8; Transit Board of
13; Zoning Advisory
ommission of 11/7; Zon-
g Board of Adjustment of
/25. Upon motion the
currents were received
d filed.
Notice of Ck;ums/Suits:
reg Droessler for vehicle
mage; Eileen Geraghty
r personal injury. Upon
lion the documents
re received, filed, and
erred to the City Attor-
Y-
City Attorney advising
t the folloNnn4p] claims
ve been refermr3 fn PI rh_
r re rrnrv rluur exNenaiuu
Project as completed by
Klauer Development Cor-
poration, in the final con-
tract amount of $63,429.
Upon motion the docu-
ments were received and
filed and Resolution No.
543-07 Accepting the
Third Floor Expansion
Project and authorizing
payment to the contractor
was adopted.
ENSR Monitoring Wells:
City Manager recommend-
ing approval of a .request
from ENSR Corporation to
~-• install two monitoring wells
session in the City right-of-way of
her Salina Street, south of
oric Railroad Avenue. Upon
motion the documents
em were received, filed, and
(Yin approved.
~- Plat of Survey - LT
Connors, Kutsch Place: Zoning Ad-
kil visory Commission recom-
n: mending approval of the
~ Plat of Survey of Lots 1
and 2 of LT Kutsch Place
and Lot 1 of LT Kutsch
ne Place No. 2 located near
~ North Grandview Avenue
n as requested by Bussing
- and Associates/Dr. Leo-
rPose Hard Kutsch. Upon motion
ers the documents were re-
corne ceived and filed and Reso-
lution No. 544-07 Approv-
xted ing the Plat of Survey of LT
-~ Kutsch Place was adopt-
ed.
~~ Trolley Line Trail: City
f Manager recommending
~ approval of the Fiscal Year
2008 REAP Grant Agree-
fe meet with the Iowa De-
o- pertinent of Natural Re-
n sources for construction of
PPort the Trolley Line Trail at Ea-
~ce gle Point Park. Upon mo-
~ lion the documents were
received and filed and
Resolution No. 545-07 Au-
thorizing a REAP Grant
Agreement with the Iowa
Department of Natural Re-
sources for the Trolley Line
Trail was adopted.
Downtown Rehabilitation
Loan Agreement: City
Manager recommending
approval of a loan agree-
ment for a Downtown Re-
habilitation Loan to sup-
port Cottingham and But-
ler's rehabilitation of the
Security Building on Main
Street. Upon motion the
documents were received
and filed and Resolution
No. 546-07 Authorizing ex-
ecution of a Downtown I
Rehabilitation Loan,
Fagade Grant and Design
Grant to Cottingham and li
Butler's Security Building t
renovation project was
adopted. fi
Valentine Park Restroom t
Project: City Manager rec-
ommending acceptance of c
the Valentine Park Rest- f
room Project as completed
by Mike Strub Construc-
~- n, Ino., in the final con _ p
r;uvlsury wnnnnree iur r~-
view at the November 26,
2007 City Council work
session. Motion by
Connors to receive and file
the documents. Seconded
by Jones. Planning Serv-
ices Manager Laura
Carstens spoke on behalf
of the Zoning Advisory
Commission, who request-
ed direction for the No-
vember 26 work session in
terms of format and the
Commission's role at the
work session. Upon dis-
cussion, Council deferred
to the City Manager who
suggested that the Zoning
Advisory Commission
make a presentation at the
work session after which
the Council may ask ques-
tions and provide input to
the Commission. Motion
carried 6-0.
Business Licenses: City
Manager recommending
approval of annual liquor
license renewals as sub-
mitted. Upon motion the
documents were received
and filed, and Resolution
No. 554-07 Granting the
issuance of a Class "B"
Beer Permit to Big 10 Mart
and Kwik Stop Food Mart
and Resolution No. 555-07
Granting the issuance of a
Class "B" (Hotel/Motel)
liquor License to Grand
Harbor Resort and Water
Park; Class "C" Beer/Liq-
uor License to Jumpers
Sports Bar and Grill,
Aragon Tap, Point Restau-
rant and Yen Chin Restau-
rant; Special Class "C'
Liquor License to Dubuque
Family Restaurant and
Cookie Something Up; and
Class "B" Wine Permit to
Cookie Something Up
were adopted.
Motion by Braig for
Council to act upon Action
Item #5 (Adult Entertain-
ment Moratorium) and Ac-
tion Item #4 (Pennsylvania
Avenue Speed Reduction
and Lane Modification) be-
fore continuing with Items
to be set for Public Hear-
ing. Seconded by Jones.
Motion carried 6-0.
ACTION ITEMS
Adult Entertainment Mora-
torium: City Attorney rec-
ommending approval of an
amendment to Ordinance
No. 57-07 prohibiting new
adult entertainment estab-
ishments within a certain
distance of other existing
adult entertainment estab-
shments during the mora-
orium period. Motion by
Michalski to receive and
le the documents and
hat the requirement that a
proposed ordinance be f
onsidered and voted on
or passage at two Council i
meetings prior to the
meeting at which it is to be
eased be suspended. n
vii vi Ice nuiy vrvnou uy
Kress Industrial Facili
was adopted setting
public hearing for a meet
ing to commence at 6:
p.m. on December 17
2007, in the Historic Fed
eral Building. Motion car
ried 5-0.
Upon motion the rule
were suspended allowing
anyone to address the City
Council.
PUBLIC HEARINGS
Development Agreement
- Medline Industries, Inc.:
Proof of publication on no-
tice of public hearing to
consider approval of a De-
velopment Agreement with
Medline Industries, Inc.
and disposition of approxi-
mately 10.43 acres in Du-
buque Industrial Center
West. Motion by Michalski
to receive and filed the
documents and adopt
Resolution No. 558-07 Ap-
proving a Development
Agreement providing for
the sale of 10.43 acres in
the Dubuque Industrial
Center West to Medline In-
dustries, Inc. Seconded by
Jones. Van Milligen ac-
knowledged the Medline
staff in attendance. Great-
er Dubuque Development
Corporation Vice President
for Existing Business Dan
McDonald reviewed the
positive statistics and
track record of Medline In-
dustries and stated sup-
port for the development
agreement. Renee Poppe,
Director of Customer Serv-
ice at Medline Industries
thanked the Council for
their support. Motion car-
ried 5-0.
2160 Elm Street - Re-
quest to Rezone: Proof of
publication on notice of
public hearing to consider
a request from Michelle
Mihalakis to rezone prop-
erty located at 2160 Elm
Street from R-2A Alternate
Two-Family Residential
District to OR Office Resi-
dential District and Zoning
Advisory Commission rec-
ommending approval.
Communication from
Kathleen M. Davis, 2105 ~h
Kniest Street, in support of
the proposed rezoning of
2160 Elm Street.
Communication from
John Curtis, Chair, and
members of the Envision
Committee on Mental
Health and Substance
Abuse, in support of the
proposed 18-unit SRO
project at 2160 Elm Street.
Motion by Michalski to re-
ceive and file the docu-
ments and approve the
first reading of the pro-
posed ordinance Amend-
ng Appendix A (the Zoning
r finance) of the City of
Dubuque Code of Ordi-
ances by reraassifvinn
JU VUIVIJIVII VI WUl LVl IY
ty in the City ~ Dubuque
a Dubuque County Iowa
Seconded by Jones. M
30 lion carried 5-0.
jrunswick Street and Ad
- jacent Alley -Vacating P
- tition: Proof of pubRcati
on notice of public heart
s to consider a request fr
Esther J. Thorne to vat
a portion of Brunswk:
Street south of LeMrth
Street and the north
portion of an alley west
Balks Street south of Low-
ther Street and City Man-
ager recommending ap-
proval. • Motion
Michalski to receive and
file the documents and
adopt Resolution No. 562-
07 Approving plat of pro-
posed vacated portion of
Brunswick Street south of
Lowther Street and the
leytw~t of ~Balke aStreet
south of Lowther Street,
Resolution No. 563-07 Va-
cating aportion of Bruns-
wick Street south of Low-
ther Street and the north-
erly portion of an alley
west of Balks Street south
of Lowther Street, and
Resolution No. 564-07 Dis-
postng of City interest in
Lot 49-A and Lot 66-A of
Belmont Addition in the
City of Dubuque, Du ue
County, Iowa. Seconded
0 Braig. Motion carried 5-
Five Flags HVAC and
Promenade Roof Replace-
ment Project: Proof of
publication on .notice of
public hearing to consider
approval of the plans,
specifications, form of
contract, and estimated
cost for the Five Flags
HVAC and Promenade
Roof Replacement Project
and City Manager recom-
mending approval. Motion
by Jones to receive and
file the documents and
adopptt Resolution No. 565-
07 Approving Plans, apecl-
fications, form of contract,
and estimated cost for the
Five Flags HVAC and
Promenade Roof Replace-
ment Project. Seconded
by Connors. Motion car-
ried 5-0.
Upon motion the rules
were reinstated limiting
discussion to the City
Council.
,ACTION ITEMS
Illy ~JFlr VY4 PI„611V-
meets to Chapter 27, Hu-
man Relations, of the Cily
o- of Dubuque Code of Ordi-
nances tq conform to re-
- centy amended state law.
e- Motion by Michalski to re-
on ceive and file the docu-
ng meets and to approve the
om first reeding on an ordi-
e Hance AmendUrp the City
k of Dubuque Code of Ordi-
er nanc~s Chapter 27 Human
erfy Relators, Section 27_1
of Definitions bY' adding a
new definition for 'Gender
Identity and deleting the
definiton of 'Religious Ed-•
ucatidrt Institution`;
amending Section 27-51
Aiding. or Abetting: Prohib-
ifingg Aiding or Abetting
Unfair or Discriminatory
Practices Based. on Gen-
der IdenY amending
Section 271, ,Prohibited
Practices Relating to Un-
fair or Discriminatory Prec- .
tires relating to Public Ac-
Commodationa Based on
Gender fdertYtty; Amending
SecNwi 27-7i Prohbited
Practices Relating to Un-
fair or Discximinatory Prx-
tires in Empk>yment
Based on Gender ident~y;
amending Chapter 27-~2
Exemptions Relating to
Unfair or Discriminatory
Practices in Certain Con- '-
sumer Credit Transactions
'Based on Sexual .Orients- j
tion or Gender Identity;
amending Section 27-101
Prohibited Practices; Ex-
ceptions Relating to Unfair
or Discriminatory.Practices
by Educational Institutions
Based on Gender Identity;
amending Section ~7-131
Prohibitions Relating to
Discrimination in the Sale
or Rent of a Dwelling
based on Gender Identity;
amending Section 27-132
Exemptions Exempting
Certain Religious Organi-
zations from Certajn Con-
duct Based on Gender
Identity; amending Section
27-133 Discrimination in
Residential Real Estate-
Related Transactions Re-
lating to _Discrimination in
Certain Real Estate-
Related Transactions
Based on Gender Identity;
amending Section 27-134
IAscnminatan in Provision
of Brokerage Services Re-
lating to the Denial of cer-
tain Brokerage Services
Based on Gender Identity;
.,,,a,J,., r~NVr.a.. ,,,, „~,
attenderx:e at the recent
National League of Cities ,
Confererxe m New Or- f
leans, The message she .
teamed from, their city
leaders was to have a dis- ;
prepared ~anbgute b~
quickly. A disaster plan is
more a way of thinking.
The most important ele-
ments folbwing a disaster
were water, power/genera-
tors, and fuel.
PUBLIC INPUT
Lee Andre, 1175 High-
land spoke in opposition of
aduk entertainment estab-
lishments and urged
Council to reconsider their
attitude toward these
types of businesses.
Jennifer Nye, .3303
Oakland, Auafin, Minneso-
to spoke in support of
adult entertainment estab-
lishmenta. as a matter of
free speech.
There being no further
business, upon motion the
Cour-dl adjourned at 8:15
p.m.
/s/ Kevin S. Fimstahl
Assistant City Clerk
it 11/28
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