Minutes Council 1 6 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 6, 2003
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson,
City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
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 Reverend Ken Gibson, Director of Development at Wartburg
Theological Seminary.
Proclamations: Special Olympics Iowa Dubuque Winter Games Time – January 14-16, 2003
received by Ric Jones who introduced Beth Simmons and Amy Powers who will attend the Special
Olympics’ World Games in Dublin, Ireland next summer; and Days of Great Celebration in Honor
of Martin Luther King – January 19-20, 2003 received by Bill Hickson.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 11/25; City Council of 12/16; Environmental
Stewardship Advisory Commission of 12/3 and 12/18; Five Flags Commission of 8/19 and 9/16;
Historic Preservation Commission of 12/18; Library Board of Trustees of 9/26 and 10/24; Transit
Trustee Board of 9/12; Zoning Advisory Commission of 12/4, upon motion received and filed.
Proof of publication of Council Proceedings for December 2, 2002 and List of Claims and
Summary of Revenues for October 31, 2002, upon motion received and filed.
Notice of Claims/Suits: IIW Engineers by Attorney Jennifer Clemens for unpaid services at
DLEC; Mike Keuter for property damage; Jennifer Krier for vehicle damage; Karen Ryder for
vehicle 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: Jennifer Krier, Karen
Ryder, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Russell J. Fuhrman for property
damage and the Finance Director to issue payment, upon motion received and filed and Finance
Director directed to issue payment.
Citizen Communications:
Charles J. Schrup III, Co-Chairman of the Board of American Trust Bank, expressing
appreciation for renaming the River’s Edge Plaza to American Trust River’s Edge Plaza, upon
motion received and filed.
Communication from Reverend Dr. Kenneth R. Bickel expressing a concern regarding the
proposed stormwater utility, upon motion received and filed.
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Communication from Bob Fry objecting to the proposed stormwater utility, upon motion received
and filed.
Communication from Jerry E. Oakland, St. Luke’s United Methodist Church, regarding the
proposed stormwater utility, upon motion received and filed.
East Central Intergovernmental Association Annual Report: Submission of the Fiscal Year 2002
Annual Report for the East Central Intergovernmental Association, upon motion received and filed.
2002 Government Performance and Results Act Annual Products Report for Certified Local
Governments: City Manager transmitting the 2002 Government Performance and Results Act
Annual Products Report and GPRA baseline questionnaire form, upon motion received and filed.
2002 Certified Local Government (CLG) Annual Report: City Manager submitting the 2002
Certified Local Government (CLG) Annual Report to the State Historical Society on the historic
preservation program accomplishments, upon motion received and filed.
Woodland Ridge Subdivision Acceptance: City Manager recommending acceptance of public
improvements made by Horizon Development Corporation in Woodland Ridge Subdivision, upon
motion received and filed. Buol moved adoption of Resolution No. 1-03 Accepting improvements
in Woodland Ridge Subdivision. Seconded by Michalski. Motion carried 7-0.
Dubuque Girls’ Independent League Ball Field Fencing Project: City Manager recommending
acceptance of the Dubuque Girls’ Independent League Ball Field Fencing Project in the amount of
$60,521.80, upon motion received and filed. Buol moved adoption of Resolution No. 2-03
Accepting improvement and Resolution No. 3-03 Final estimate. Seconded by Michalski. Motion
carried 7-0.
Acceptance of Deeds in Dubuque County: Corporation Counsel recommending acceptance of a
deed to certain real estate in Dubuque County, Iowa from Mississippi Valley Truck Center, Inc.
and a deed to certain real estate in Dubuque County, Iowa from Mississippi Valley Truck Center,
Inc., Bill Miller Logging, Inc. and William A. Miller and Mary L. Miller, upon motion received and
filed. Buol moved adoption of Resolution No. 4-03 Accepting the deed to certain real estate in
Dubuque County, Iowa from Mississippi Valley Truck Center, Inc. and Resolution No. 5-03
Accepting the deed to certain real estate in Dubuque County, Iowa, from Mississippi Valley Truck
Center Inc., Bill Miller Logging, Inc., and William A. Miller and Mary L. Miller. Seconded by
Michalski. Motion carried 7-0.
Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements,
Management Letter and Responses: City Manager transmitting Fiscal Year 2002 Comprehensive
Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City
responses to the Management Letter, upon motion received and filed.
Human Rights Commission: Communication from Katherine V. Stevens stating she is not
reapplying to serve on the Human Rights Commission, upon motion received and filed.
United States Department of Commerce: Communication from US Department of Commerce’s
Economic Development Administration advising that the City’s application for an EDA investment
in the amount of $2,000,000 has been approved, upon motion received and filed.
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Iowa Department of Transportation Agreement - Roadway Improvements at the Mines of Spain
City Manager recommending approval of a State Park and Institutional Road Agreement with the
Iowa Department of Transportation that will allow IDOT to bid construction of roadway to the Rip
Row Valley development at the Mines of Spain Recreation Area, upon motion received and filed
and approved recommendation.
Heritage Trail Extension Engineering Contract Amendment: City Manager recommending
approval to amend the engineering contract with Veenstra & Kimm for the Heritage Trail Extension
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project from 22 Street to the Mines of Spain which would add the connection from the Dubuque
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Jaycees Trail at the NE corner of Kerper Boulevard and 16 Street across the Peosta Channel to
the Heron Pond Wetlands Nature Trail in Miller-Riverview Park, upon motion received and filed
and approved recommendation. Buol moved adoption of Resolution No. 6-03 Approving
amendment of engineering contract for Heritage Trail Extension Project. Seconded by Michalski.
Motion carried 7-0.
Total Administrative Services Corporation (TASC) Agreement – Flex Spending: City Manager
recommending approval of the Administrative Services agreement with Total Administrative
Services Corporation (TASC) for the City’s Flexible Spending Program from January 1, 2002
through December 31, 2003, upon motion received and filed and approved recommendation.
EPA Brownfield Pilot Program Consultant Contract Approval: City Manager recommending
approval of contract for Environmental Assessments and Consulting Services with Terracon under
USEPA Brownfield Assessments Demonstration Pilot grant program in the Port of Dubuque, upon
motion received and filed. Buol moved adoption of Resolution No. 7-03 Authorizing Contract for
Services For Environmental Assessments and Consulting Services for USEPA Brownfield
Assessment Demonstration Pilot Project in the Port of Dubuque. Seconded by Michalski. Motion
carried 7-0.
Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess, Secretary for
the Dubuque Metropolitan Area Solid Waste Agency, submitting the Fiscal Year 2004 landfill fees
and the expenditure and revenue budget for the DMASWA, upon motion received and filed.
Community Development Advisory Commission: Communication from the Community
Development Advisory Commission to the Long Range Planning Commission and the Zoning
Commission regarding the development proposal by Wal-Mart for industrial property owned by
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Smithfield Foods on 16 Street, upon motion received and filed.
Greetings from Pyatigorsk: Communication from the Mayor of Pyatigorsk wishing the Mayor, City
Council, and citizens of Dubuque a Merry Christmas and Happy New Year, upon motion received
and filed.
Pre-Disaster Mitigation Plan: City Manager recommending that the City participate in a multi-
jurisdictional project, with the East Central Intergovernmental Association taking the lead, to apply
for a Federal grant to complete the Hazard Mitigation Planning process, upon motion received and
filed and approved recommendation.
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America’s First Responders: Communication from the National League of Cities requesting that
the City submit a letter to President Bush urging him to provide funding to police, fire, emergency
medical personnel and other first responders, upon motion received and filed.
Hazard Mitigation Grant Program: City Manager recommending approval of a request to our
Federal Legislators for $46,225 in FEMA funding to acquire one commercial property that was
substantially damaged as a result of June 2002 flooding, upon motion received and filed and
approved recommendation.
Iowa Department of Transportation: Communication from the Iowa Department of Transportation
providing notice that they intend to renew and extend corridor preservation along U.S. 20 from the
Peosta Interchange easterly to near the intersection with the Northwest Arterial, upon motion
received and filed.
Business Licenses: Buol moved adoption of Resolution No. 8-03 Granting issuance of a permit
to sell Cigarettes and Cigarette Papers to Hartig Drug, Inc.; Resolution No. 9-03 Granting the
issuance of a Class “B” Beer Permit to United Automobile Workers and Class “C” Beer Permit to
Iowa Potato and Produce House, Inc. and Resolution No. 10-03 Granting the issuance of a Class
“B” (Hotel/Motel) Liquor License to WCB Hotels, Inc.; Class “C” Beer/Liquor License to Ten Pin
Tap, A & B Tap, and Breezers Pub; and Class “B” Wine License to Dubuque Religious Center.
Seconded by Michalski. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Tanzanite Drive Right-of-Way – Annexation Request: City Manager recommending that a public
hearing be scheduled for February 3, 2003 to consider a voluntary annexation request for two
parcels that comprise a portion of the right-of-way for Tanzanite Drive, upon motion received and
filed and set for Public Hearing on 2/3/03 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.
BOARDS/COMMISSIONS
Appointments to the following Commission: Human Rights Commission (Three 3-Year terms to
expire 01/01/06); Applicants: Cynthia Checotah, Penny Ehlinger, Joseph A. Hopkins, Marty
O’Shea, Charles F. Ryan, Vincent J. Vanden Heuvel, Kimberly Walsh. Vote on the appointments
was as follows: Michalski voted for Ehlinger, Ryan and Vanden Heuvel; Nicholson voted for
Ehlinger, O’Shea, Vanden Heuvel; Buol voted for Ehlinger, Ryan and Vanden Heuvel; Cline
voted for Ehlinger, Ryan and Vanden Heuvel; Connors voted for Ehlinger, Ryan and Vanden
Heuvel; Duggan voted for Ehlinger, O’Shea and Walsh. Markham voted for Ehlinger, O’Shea
and Ryan. Therefore, Penny Ehlinger, Charles F. Ryan and Vincent J. Vanden Heuvel appointed
to three year terms which will expire January 1, 2006.
Upon motion the rules were suspended to allow anyone present to speak.
Decorah Street – Vacation and Sale: Proof of publication on notice of hearing to consider the
vacation and sale of a portion of Decorah Street east of Adair Street, with a reservation of a
perpetual easement for utilities, to Douglas and Jean Kapp and William and Carole Kubler, and
City Manager recommending approval, upon motion received and filed. Markham moved
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adoption of Resolution No. 11-03 Disposing of City interest in Lot 10A and Lot 11A of Woodlawn
Park, City of Dubuque, Dubuque, Iowa. Seconded by Connors. Motion carried 7-0.
Upon motion it was resolved to reinstate the rule limiting discussion to Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Greater Dubuque Development
Corporation, spoke providing a verbal report regarding the activities of GDDC for the last quarter.
Upon motion the report was received and filed.
Demolition District Review Process Revision: Historic Preservation Commission recommending
a change in the demolition district review process that would shift the start of the sixty-day
Commission review period to the date the permit application and documentation are filed with the
Commission, upon motion received and filed. Ordinance No. 1-03 Amending Section 11-4 (b) of
the City of Dubuque Code of Ordinances Pertaining to the Review Process of the Historic
Preservation Commission for Demolition Districts, presented and read. Buol 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 Nicholson. Motion carried 7-0.
Mediacom Rate Increase: City Manager submitting information regarding Mediacom’s proposed
rate increase effective February 1, 2003, upon motion received and filed. Council discussed the
lack of options available and the need to aggressively pursue the telecommunications study.
City Council Appointments: Communication from Operation: New View requesting appointment
of the City’s designees to their Board for calendar year 2003 and Mayor and City Council
appointments to various Boards and Commissions, upon motion it was resolved that appointments
of the Mayor and Council remain as they presently are.
COUNICL MEMBER REPORTS
Cline questioned a USA article on vehicles that “hover.” Connors requested that a
communication she received from CDF on Stormwater be copied, reviewed and directed Staff to
contact St. Ambrose where this company has worked.
There being no further business, upon motion the meeting adjourned at 7:09 P.M.
/s/ Jeanne F. Schneider, CMC,
City Clerk
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