11 05 01 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, Monday, November 5, 2001
At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library.
At 5:37 P.M. Council convened for the Special Session in the Public Library Auditorium.
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is the special session of the City Council called
for the purpose of receiving an update on the design of the Education and Conference Center.
Jim Swords, Project Engineer of HOK Venue, spoke giving a report on the Education and
Conference Center on the Fourth Street Peninsula.
There being no further business, upon motion meeting adjourned at 6:14 P.M.
/s/Jeanne F. Schneider
City Clerk
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 5, 2001
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is the Regular Session of the City Council called
for the purpose of acting upon such business which may properly come before the City
Council.
Invocation was given by Reverend Woody Allabough, Pastor, Third Presbyterian Church.
Proclamations: Hospice Month (November, 2001) received by Carole Carroll, and Youth
Appreciation Month (November, 2001) received by Morning Optimists' President Jane Smith,
Noon Optimists' President Lonnie Fawver and Evening Optimists' Sec/Treas. Carl McCarthy.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 10/22; Cable Community Teleprogramming
Commission of 10/2; City Council of 10/15; Community Development Advisory Commission of
9/20 and 10/11; Five Flags Commission of 10/15; Historic Preservation Commission of 10/18;
Housing Code Appeals Board of 10/16 (Amended); Investment Oversight Advisory
Commission of 10/24; Library Board of 8/23; Plumbing Board of 10/23; Transit Board of 5/10;
Zoning Advisory Commission of 10/3, upon motion received and filed.
Printed Council Proceedings for August and September, 2001, upon motion approved as
printed.
Proof of Publication of City Council Proceedings of 10/1 and 10/8, upon motion received and
filed.
Finance Director submitting the Financial Reports for the month ending September 30, 2001
and Investment Oversight Commission submitting their 34th quarterly report, upon motion
received and filed.
Dubuque Area Chamber of Commerce Convention and Visitors Bureau Quarterly Report for
period of July through October, 2001, upon motion received and filed.
Notice of Claims/Suits: Sandra L. Ansel in estimated amount of $360 for personal injury;
Rhonda A. Carbone in estimated amount of $1,844 plus rental expense for vehicle damage;
Corey Lorenz in estimated amount of $86 for vehicle damage; Nancy L. Welu in undetermined
amount for property damage, upon motion referred to the Legal Staff for investigation and
report.
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: Sandra L. Ansel
for personal injury; Rhonda Carbone for vehicle damage; State Farm Insurance for vehicle
damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Kevin Felderman for property
damage and that the Finance Director be directed to issue payment, upon motion received
and filed and concurred.
Corporation Counsel recommending denial of the claims of Matt Bay for vehicle damage;
Bev Hodgson for vehicle damage, and Karen Ludovissy for vehicle damage, upon motion
received and filed and concurred.
Corporation Counsel recommending that the claim of Nancy Welu be administratively closed
and referred to Horsfield Construction, upon motion received and filed and concurred.
Congress Court - Request to Purchase: Request from James and Gregory Kalb to purchase
the entirety of Congress Court right-of-way from its westerly most point easterly to Kennedy
Road right-of-way, upon motion received and filed and referred to the City Manager.
Quarterly Investment Report: City Manager transmitting the September 30, 2001 Quarterly
Investment Report, upon motion received and filed.
Five Flags Civic Center Commission: Communication from Steve Sesterhenn requesting
approval of his resignation from the Five Flags Civic Center Commission, upon motion
received and filed and approved request.
Dubuque Industrial Center West Second Addition - Final Plat: City Manager recommending
approval of the final plat of Dubuque Industrial Center West Second Addition, upon motion
received and filed. Buol moved adoption of Resolution No. 465-01 Approving the final plat of
Dubuque Industrial Center West Second Addition in the City of Dubuque, Iowa. Seconded by
Markham. Motion carried 7-0.
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Consultant Selection for Financial Advisory Services: City Manager recommending approval
of Evenson Dodge, Inc. as the Financial Advisor for the City of Dubuque, upon motion
received and filed and approved recommendation. Nicholson recommended that a letter of
appreciation be sent from the Mayor to the past Financial Advisor - Speer Financial.
Collective Bargaining Agreement - Dubuque Police Protective Association: City Manager
recommending approval of a collective bargaining agreement between the City of Dubuque
and the Dubuque Police Protective Association, upon motion received and filed. Buol moved
adoption of Resolution No. 466-01 Approving an Agreement between the City of Dubuque,
Iowa and the Dubuque Police Protective Association and authorizing the Mayor to sign the
Agreement. Seconded by Markham. Motion carried 7-0.
Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set for
November 19, 2001 to consider assessing appropriate civil penalties for underage tobacco
sales, upon motion received and filed and set hearing for 11/19/01 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.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Four Mounds Estate Historic District, the Town Clock Building, and the
Dubuque Young Men's Christian Association Building have been accepted for nomination to
the National Register of Historic Places, upon motion received and filed.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors regarding design of the Law Enforcement Center expansion project, upon motion
received and filed.
Julien Dubuque Nature Trail - REAP Grant Agreement: City Manager recommending
approval of a Resource Enhancement and Protection (REAP) Grant Agreement from the Iowa
Department of Natural Resources for the Julien Dubuque Nature Trail, upon motion received
and filed and approved recommendation.
2000 PC Paving Project No. 1 (College, Parkway, Douglas and Langworthy): City Manager
recommending approval of the revised final assessments for the 2000 PC Paving Project No.
1 (College, Parkway, Douglas and Langworthy) and directing the City Clerk to publish notice
of the assessments, upon motion received and filed. Buol moved adoption of Resolution No.
467-01 Adopting the revised final assessment schedule for the 2000 P.C. Concrete Paving
Project - No. 1 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. Seconded by Markham. Motion carried 7-0.
Contribution for Dubuque County Fire Tow Vehicle: City Manager recommending approval
of a request from the Dubuque County Firefighters Association for a $5,000 contribution for
the purchase of a new vehicle for towing the Life Safety Trailer and the SCBA Training Trailer,
upon motion received and filed and approved recommendation.
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Supplement No. 52 to the Code of Ordinances: City Manager recommending adoption of
Supplement No. 52 to the City of Dubuque Code of Ordinances, upon motion received and
filed. Buol moved adoption of Resolution No. 468-01 Adopting Supplement No. 52 to the
Code of Ordinances of the City of Dubuque, Iowa. Seconded by Markham. Motion carried 7-
0.
Parking Agreement with MDI Limited Partnership #47: City Manager recommending
approval of a parking agreement between the City of Dubuque and MDI Limited Partnership
#47 to provide parking for residents of Cornerstone Place, upon motion received and filed and
approved agreement.
Dubuque Racing Association: City Manager recommending approval of the Dubuque Racing
Association's Capital Improvement Program for 2002, upon motion received and filed and
approved recommendation.
Civil Service Commission: Civil Service Commission submitting two additional names to the
previously certified list for the position of Foreman, upon motion received and filed and
resolved to make this a matter of record.
Third and Main Parking Lot Construction Project - Acceptance: City Manager
recommending acceptance of the Parking Lot at Third and Main Street Construction Project in
the final contract amount of $89,242.43, upon motion received and filed. Buol moved adoption
of Resolution No. 469-01 Accepting improvement and Resolution No. 470-01 Approving final
contract amount of $89,242.43. Seconded by Markham. Motion carried 7-0.
Business Licenses: Buol moved adoption of Resolution No. 471-01 Granting issuance of a
Class "C" Beer Permit to Big 10 Mart Car Wash and Resolution No. 472-01 Granting
issuance of a Class "C" Beer/Liquor License to Carlos O'Kelly's Mexican Cafe, Yen Ching
Restaurant, Bridge Restaurant, and The New King of Clubs. Seconded by Markham. Motion
carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Board/Commission:
Civic Center Commission: (One unexpired term ending 6/29/04 - Term of Sesterhenn)
Applicants: Susan M. Balsamo, Mark M. Nauman, Bryce Parks, Katie Peterson. Ms.
Balsamo withdrew her application. Mr. Nauman, Mr. Parks, and Ms. Peterson spoke
requesting consideration for appointment.
Appointments to the following Boards/Commissions:
TV Cable Regulatory Commission (One term to expire 6/30/04 - Term of Pratt)) Applicant:
Michael Pratt. Upon motion Mr. Pratt was reappointed to the three year term expiring
6/30/04.
ACTION ITEMS
Tara Winger: Verbal request of Tara Winger to address the City Council regarding
discrimination, upon motion received and filed. Ms. Winger was not in attendance.
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Port of Dubuque - Consultant Selection for Project Manager Services: City Manager
recommending approval of The Durrant Group to provide project management services for the
public improvements at the Port of Dubuque, upon motion received and filed. Markham
moved adoption of Resolution No. 473-01 Approving the selection of a consultant to provide
project manager services and authorizing the City Manager to execute an appropriate contract
for said services. Seconded by Cline. Motion carried 7-0.
Legislative Priorities for 2002 Legislative Session: City Manager submitting the City's
legislative positions for the 2002 Legislative Session, upon motion received and filed and
approved. Michalski stated the City needs to obtain support from the Iowa League of Cities
for Hwy 20 improvements.
COUNCIL MEMBER REPORTS
Nicholson stated everyone should vote on Tuesday. Cline commended Darlene O'Neill and
Judy Schmidt of Hempstead High School on their being finalists for the Evelyn Yaeger Award
from the University of Iowa for their great amount of work with diversity at Hempstead High.
Michalski commended the Hempstead High School Political Science classes for their interest
and work on the Mayor and Council candidates' forum with the League of Women Voters.
ITEMS TO BE SET FOR PUBLIC HEARING
Alliant Energy (Interstate Power Company) Expansion: City Manager recommending that a
public hearing be set for November 19, 2001 for sale of 16.67 acres in Dubuque Industrial
Center West to Alliant Energy, upon motion received and filed. Cline moved adoption of
Resolution No. 474-01 of Intent to dispose of an interest in real property by installment
contract to Interstate Power Company and further moved that this be set for Public Hearing on
11/19/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in
the manner prescribed by law. Seconded by Buol. Motion carried 7-0.
Finley Hospital - Vacating Request: City Manager recommending that a public hearing be
set for November 19, 2001 to consider a vacating request from The Finley Hospital for a
portion of an alley west of College Street, upon motion received and filed. Ordinance No.
70-01 Vacating the alley west of College Street, presented and read. Cline 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 and
further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion
carried 7-0. Cline moved adoption of Resolution No. 475-01 Approving plat of proposed
vacated alley west of College Street and Resolution No. 476-01 of Intent to dispose of City
interest in Lot 4A of Finley Home Addition and further moved that a Public Hearing be set on
11/19/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in
the manner prescribed by law. Seconded by Buol. Motion carried 7-0.
Oneida Street - Disposal of City Property: Communication from Robert J. VanderMeulen
requesting to purchase a portion of City-owned property adjacent to 3940 Oneida Street and
City Manager recommending that a public hearing be set for November 19, 2001 to consider a
request from Robert J. VanderMeulen to purchase City-owned property located adjacent to
3940 Oneida Street, upon motion received and filed. Cline moved adoption of Resolution No.
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477-01 of Intent to dispose of City interest in Lot 2-2-1-1-1-3 N ½ SE ¼ NW ¼ of Section 12,
T89N, R2E, 5th P.M., Dubuque County, Dubuque, Iowa and further moved that this be set for
public hearing on 11/19/01 at 6:30 P.M. in the public library auditorium and that the City Clerk
publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0.
Ice Rinks and Murphy Park Tennis Courts Lighting Replacement Project- Initiate: City
Manager recommending initiation of the bidding process for the Ice Rinks and Murphy Park
Tennis Courts Lighting Replacement Project and setting a public hearing for December 3,
2001, upon motion received and filed. Cline moved adoption of Resolution No. 478-01
Preliminary approval of plans and specifications, Resolution No. 479-01 Fixing date of hearing
on plans and specifications for 12/03/01 at 6:30 P.M. in the public library auditorium and that
the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion
carried 7-0. Cline moved adoption of Resolution No. 480-01 Ordering bids. Seconded by
Buol. Motion carried 7-0.
At 6:55 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition
-Iowa Code Chapter 21.5(1 )(j).
At 7:28 P.M. Council reconvened Regular Session stating that staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:28 P.M.
It 11/14
/s/Jeanne F. Schneider
City Clerk
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