12 2 02 Minutes this meetingCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 2, 2002
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Cline, Markham, Michalski, City Manager Michael
Van Milligen, Corporation Counsel Barry Lindahl.
Present by Electronic Means (Telephone): Council Members Buol, Connors, Nicholson.
Mayor Duggan read the call and stated this is a regular session of the City Council called for the
purpose of discussing such matters which may properly come before the City Council.
Invocation was given by Sister Lynn Wagner, PBVM, Director of the Dubuque Food Pantry.
CONSENT ITEMS
Minutes Submitted: Cable Community Teleprogramming Commission of 11/12; Cable TV
Regulatory Commission of 11/13; City Council of 11/18 and 11/25; Electrical Code Board of 8/30
and 11/18; Historic Preservation Commission of 11/19; Housing Code Appeals Board of 10/15 and
11/19; Housing Commission Trust Fund Committee of 10/29; Human Rights Commission of 10/14,
upon motion received and filed.
Proof of publication of City Council Proceedings of November 4 and 7, 2002, upon motion
received and filed.
Notice of Claims/Suits: Steven M. Ferring for property damage; Russell J. Fuhrman for property
damage; Terry Gross for vehicle damage, upon motion referred to the Legal Staff for investigation
and report.
Corporation Counsel advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Terry Gross for vehicle
damage, upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claims of Mary M. Asbell for property damage;
Steve Kafar for vehicle damage; and Dean Mattoon for vehicle damage, upon motion received and
filed and concurred.
Corporation Counsel recommending that the claim of Steven Ferring for property damage be
approved for payment and that the Finance Director issue check, upon motion received and filed
and concurred and Finance Director to issue proper payment.
Citizen Communications: Communication from Jessica Barnes regarding musical performances
at the Muddy Waters Coffee Shop, upon motion received and filed and referred to the City
Manager.
Communication from Bob Woodward, ArTS Dubuque, requesting that the City provide financial
support for the operating budgets of the Dubuque Grand Opera House, Dubuque Museum of Art
1
and Dubuque Symphony Orchestra for the year 2003, upon motion received and filed and referred
to the City Manager.
Community Development Advisory Commission: Communication from Dan Shiremansubmitting
his resignation from the Community Development Advisory Commission, upon motion received
and filed.
Code of Ordinance Supplement No. 56: City Manager recommending adoption of Supplement
No. 56 to the City of Dubuque Code of Ordinances, upon motion received and filed. Michalski
moved adoption of Resolution No. 621-02 Adopting Supplement No. 56 to the Code of Ordinances
of the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0.
Star Brewery Building Metal Addition and Wood Shed – Request to Demolish: Communication
from the Historic Preservation Commission recommending that the request of the City of Dubuque
to demolish a metal addition to the Star Brewery Building and a wood shed be approved, upon
motion received and filed and approved.
Bell Block/Ziepprecht Buildings One-Story Rear Addition – Request to Demolish: Communication
from the Historic Preservation Commission recommending that the request of Dubuque Bank and
Trust to demolish a one-story rear addition for planned rehabilitation of the Bell Block and
Ziepprecht buildings be approved, upon motion received and filed and approved recommendation.
Flora Pool and Sutton Pool Water Playground Project: City Manager recommending acceptance
of the Flora Pool and Sutton Pool Water Playground Project in the final contract amount of
$758,045.50, upon motion received and filed. Michalski moved adoption of Resolution No. 622-02
Accepting improvement and Resolution No. 623-02 Approving final estimate. Seconded by Cline.
Motion carried 7-0.
Comiskey Building Construction Project: City Manager recommending acceptance of the
Comiskey Building Construction Project in the final contract amount of $381,015.99, upon motion
received and filed. Michalski moved adoption of Resolution No. 624-02 Accepting improvement
and Resolution No. 625-02 Approving final estimate. Seconded by Cline. Motion carried 7-0.
Appeal of FCC’s Pasadena Franchise Fee Decision: City Manager recommending that the City
contribute $5,000 to support a coalition of cities, the National League of Cities and NATOA in a
court appeal of the FCC’s Pasadena franchise fee decision, upon motion received and filed and
approved recommendation.
Ice Harbor West Road and Trail Construction Project: City Manager recommending that
Resolution #491-02 Awarding contract for the Ice Harbor West Road and Trail Construction Project
be amended to correct the amount of the contract, upon motion received and filed. Michalski
moved adoption of Resolution No. 626-02 Amending Resolution #491-02 Awarding Contract for
the Ice Harbor West Road and Trail Construction Project. Seconded by Cline. Motion carried 7-0.
Dubuque Voluntary Annexation: Communication from the Iowa Department of Economic
Development advising that the City Development Board has approved the voluntary annexation
petition from the Grandview Avenue United Methodist Church as submitted by the City of
Dubuque, upon motion received and filed.
2
Sign Agreement with Cooper Acquisition L.L.C. (Bricktown): City Manager recommending
approval of an agreement with Cooper Acquisition L.L.C. (Bricktown) for the installation of a sign
located in Bricktown’s parking lot which would include a Port of Dubuque directional sign, a
Bricktown parking sign, and an electronic reader board for advertising public events and Bricktown
events, upon motion received and filed and approved recommendation.
Audubon Ark Project: City Manager recommending approval of a combined notice of finding of no
significant impact on the environment and notice of intent to request release of funds for the
Audubon Ark project, upon motion received and filed. Michalski moved adoption of Resolution No.
627-02 Authorizing publication of a combined notice of finding of no significant impact on the
environment and notice of intent to request release of funds for Audubon Ark Project. Seconded
by Cline. Motion carried 7-0.
Five Flags Civic Center Computer Software: City Manager recommending approval of the
purchase of scheduling software for the Five Flags Center that is the same as the new conference
and education center, upon motion received and filed and approved.
Potential Rezoning – Tollbridge Inn Property: Communication from Bob Eichman regarding the
potential rezoning of the present Tollbridge Inn property for the purpose of building a condominium
complex, upon motion received and filed.
Phase IV Historical/Architectural Survey Grant Agreement: City Manager recommending approval
of a Certified Local Government (CLG) grant agreement for Phase IV of Dubuque’s
Architectural/Historic Survey/Evaluation, upon motion received and filed. Michalski moved adoption
of Resolution No. 628-02 Authorizing the submission of an application for Certified Local
Government (CLG) program funding to conduct an Architectural/Historic Survey. Seconded by
Cline. Motion carried 7-0.
ConAgra Foods, Inc.: City Manager recommending approval of an amendment to the purchase
agreement and acceptance of the deed to certain real property from ConAgra Foods, Inc., upon
motion received and filed. Michalski moved adoption of Resolution No. 629-02 Accepting the
deed to certain real estate in Dubuque County, Iowa from ConAgra Foods, Inc. Seconded by
Cline. Motion carried 7-0.
Section 8 Computer System: City Manager recommending approval of an expenditure of
$15,000 for purchase of a Section 8 Program software package, upon motion received and filed
and approved recommendation.
Fiscal Year 2003 Annual Action Plan – Amendment #2: City Manager recommending approval of
an amended and restated Fiscal Year 2003 Annual Action Plan for the City’s Community
Development Block Grant (CDBG) program, upon motion received and filed. Michalski moved
adoption of Resolution No. 630-02 Approving an amended and restated Fiscal Year 2003
(Program Year 2002) Annual Plan for Community Development Block Grant (CDBG) Funds.
Seconded by Cline. Motion carried 7-0.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the City of Dubuque, on behalf of Dubuque Main Street, Ltd.,
is being awarded a $25,000 Community Development Fund grant for the Dubuque – Vision
Downtown project, upon motion received and filed.
3
North End Neighborhood Association: Communication from Wayne Klosterman, North End
Neighborhood Association, submitting questions to be asked of HDR during the upcoming
worksession, upon motion received and filed.
Delinquent Sewer Charges: City Manager recommending the submission of delinquent sewer
charges to the Dubuque County Treasurer in order to establish real property liens for collection of
such past due accounts, upon motion received and filed. Michalski moved adoption of Resolution
No. 631-02 Authorizing collection of delinquent sewer accounts in accordance with Section 44-83
and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa. Seconded by Cline. Motion
carried 7-0.
Delinquent Garbage and Refuse Collection Charges: City Manager recommending the
submission of delinquent garbage and refuse collection accounts to the Dubuque County
Treasurer in order to establish real property liens for collection of such past due accounts, upon
motion received and filed. Michalski moved adoption of Resolution No. 632-02 Authorizing
collection of delinquent garbage and refuse collection accounts in accordance with Section 40-37
and 40-38(d) of the Code of Ordinances of the City of Dubuque, Iowa. Seconded by Cline. Motion
carried 7-0.
Dubuque Racing Association’s Fiscal Year 2003 CIP Schedule: City Manager recommending
approval of the Dubuque Racing Association’s Fiscal Year 2003 CIP Schedule, upon motion
received and filed and approved.
Business Licenses: Michalski moved adoption of Resolution No. 633-02 Granting issuance of a
permit to sell Cigarettes and Cigarette Papers to Jumpers Sports Bar/Grill and Resolution No.
634-02 Granting the issuance of a Class “B” (Hotel/Motel) License to Grand Harbor Resort/Water
Park and Class “C” Beer/Liquor License to Pepper Sprout, Inc. and Instant Replay. Seconded by
Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Mediacom Franchise Extension: City Manager recommending that a public hearing be set for
December 16, 2002 to consider an additional three-month lease extension of the existing
Mediacom cable franchise, upon motion received and filed. Michalski moved adoption of
Resolution No. 635-02 of the City’s intent to grant a short-term extension of an existing cable
services franchise and an existing hub site lease to MCCIowa L.L.C. (Mediacom) and further set it
for public hearing on 12/16/02 at a meeting to commence 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
Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Commission: Environmental Stewardship Advisory Commission
(Two unexpired 3-year terms to expire 10/1/03 and 10/1/05). Applicants: Daniel Calvert and Mark
Henning. Upon vote, Daniel Calvert appointed to the term which will expire 10/1/05 and Mark
Henning appointed to the term that expires 10/1/03.
ACTION ITEMS
4
Mississippi Valley Trucking Center, Inc./Miller Logging Company: City Manager recommending
approval of the Offer to Buy Real Estate and Acceptance for Mississippi Valley Trucking Center,
Inc. (William and Mary Miller/Miller Logging Company), upon motion received and filed and
approved recommendation.
Municipal Cable/Telecommunications Feasibility Study RFP: City Manager recommending
approval of the issuance of a Request for Proposals for a Municipal Cable/Telecommunications
Feasibility Study for the City of Dubuque, upon motion received and filed and approved
recommendation.
COUNCIL MEMBER REPORTS
Michalski noted with appreciation the IDED CDBG $25,000 Vision Downtown Grant, the positive
editorial in the Des Moines Register that day about Dubuque and also recognized the Cub Scouts
and High School students that were in attendance at this Council Meeting.
There being no further business, upon motion meeting adjourned at 6:43 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 12/11
5