Minutes City Council 2 3 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, February 3, 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 Bickel, Pastor, First Congregational Church of Christ.
CONSENT ITEMS
Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 12/3;
City Council of 1/20; Community Development Advisory Commission of 1/8; Historic
Preservation Commission of 1/16; Investment Oversight Advisory Commission of 1/23; Human
Rights Commission of 12/9; Park and Recreation Commission of 1/14, upon motion received
and filed.
Printed Official Council Proceedings for December, 2002, upon motion approved as printed.
Proofs of publication of Council Proceedings for January 6, 2003 and List of Claims and
Summary of Revenues for December 31, 2003, upon motion received and filed.
th
Investment Oversight Commission submitting the 39 quarterly report, upon motion received
and filed.
Notice of Claims/Suits: Mary Criss for property damage; Brooke N. Gassman for vehicle
damage; Carol Krueger for personal injury; Joseph Melssen for property damage; Mary
Ransdell vs. City of Dubuque; Catherine A. Steffen 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: Janice Hoerner for
personal injury; Carol Krueger for personal injury; and Patricia Morrison for personal injury,
upon motion received and filed and concurred.
Corporation Council recommending settlement of the claim of Catherine Steffen for vehicle
damage and directing the Finance Director to issue payment, upon motion received and filed
and directed Finance Director to issue payment.
Corporation Counsel recommending denial of the claim of Damian Baumhover for property
damage, upon motion received and filed and concurred.
Elmwood Green Subdivision: City Manager recommending acceptance of the public
improvements in Elmwood Green Subdivision which the developer, Joe Graham, has recently
completed, upon motion received and filed. Buol moved adoption of Resolution No. 31-03
Accepting improvements in Elmwood Green Subdivision. Seconded by Markham. Motion
carried 7-0.
Klauer Manufacturing Company Property: Corporation Council recommending acceptance of
the deed to 0.529 acres of property from Klauer Manufacturing Company located in the Port of
Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 32-03
Accepting the deed to certain real estate in Dubuque County, Iowa from Klauer Manufacturing
Company. Seconded by Markham. Motion carried 7-0.
House File 2 - Property Tax Valuations: City Manager submitting a letter to State
Representative Gene Manternach requesting that he oppose House File 2 related to property
tax valuations, upon motion received and filed.
House File 25 – Property Tax Limitation: City Manager submitting a letter to State
Representative Steve Lukan requesting that he oppose House File 25 regarding Property Tax
Limitation legislation, upon motion received and filed.
28E Indemnification Agreement with Dubuque Community School District: City Manager
recommending approval of a 28E Indemnification Agreement between the City and the
Dubuque Community School District for use of each other’s facilities, upon motion received and
filed and approved Agreement.
Dubuque Local Flood Protection Project Continuing Eligibility Inspection: City Manager
submitting a letter from Terry Tieger, Chief, Emergency Management Division, Department of
the Army, to John Klosterman advising that the City’s Local Flood Protection Project Continuing
Eligibility Inspection performed on November 22, 2002 was considered Acceptable, upon
motion received and filed.
Tri-State Community Health Center: City Manager recommending approval of a letter of
support from the City for a Federally Qualified Community Health Center Application, upon
motion received and filed and approved recommendation.
National League of Cities Legal Defense Fund: City Manager submitting a letter from Donald
Borut, Executive Director of the National League of Cities, requesting a contribution to
participate in the NLC Legal Defense Fund, upon motion received and filed and approved.
Demolition Request: Historic Preservation Commission recommending approval of a request
th
from the City of Dubuque to demolish a metal warehouse located at 380 East 4 Street in the
Port of Dubuque, upon motion received and filed and approved recommendation.
George W. Rogers Company Shot Tower: Historic Preservation Commission recommending
approval of the nomination of the George W. Rogers Company Shot Tower (located at
Commercial Street and the Riverfront) to the National Register of Historic Places, and
communication from the State Historical Society of Iowa to the Mayor of Dubuque regarding the
George W. Rogers Company Shot Tower, upon motion received and filed and approved
nomination.
Fiber Optic Connection Between City Hall and Port of Dubuque Area: City Manager
recommending approval of an agreement with the Canadian National Railroad for the
installation of a four-inch conduit underneath the railroad tracks at Fourth and White Streets to
provide a fiber optic connection between City Hall and the Port of Dubuque, upon motion
2
received and filed. Buol moved adoption of Resolution No. 33-03 Approving Agreement File
Number P-8474 with the Canadian National Railroad relating to the installation of a four-inch
PVC fiber optic conduit. Seconded by Markham. Motion carried 7-0.
Fiscal Year 2003 Budget Form Conversion: City Manager recommending approval of the
conversion of the Fiscal Year 2003 budget and Fiscal Year 2002 actual expenses and
revenues to a new format as required by the State prior to any action being taken on the Fiscal
Year 2004 budget, upon motion received and filed. Buol moved adoption of Resolution No.
34-03 Converting the current budget for Fiscal Year 2003 to conform with Iowa Code 384.16
and Iowa Administrative Rules 545-2.1(384.388). Seconded by Markham. Motion carried 7-0.
Logo Design Services for the Grand River Center: City Manager recommending approval of
McCullough Creative Group for design of the identity package for the Grand River Center, upon
motion received and filed and approved recommendation.
The Dubuque Audubon Society: Communication from Wayne Buchholtz, President of the
Dubuque Audubon Society, regarding the proposed condominium complex development at
2800 Rhomberg Avenue, upon motion received and filed.
Memorandum of Understanding with Dubuque County Extension District: City Manager
recommending approval of a Memorandum of Understanding with the Dubuque County
Agricultural Extension District to provide counseling services for home purchase education to
HUD Family Self-Sufficiency Program families, upon motion received and filed and approved
recommendation.
U.S. Department of Housing and Urban Development: Communication from Gregory A.
Bevirt, U.S. Department of Housing and Urban Development, regarding the City’s Community
Development Block Grant Program, upon motion received and filed.
Federal Emergency Management Agency: Communication from Congressman Jim Nussle
advising that he has contacted the Federal Emergency Management Agency requesting any
options available for obtaining additional assistance in the acquisition of commercial property
damaged in the June 2002 flooding, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 35-03 Granting the issuance of
a Class “C” Beer Permit to Oky Doky #6 and Awn Stop Mart and Resolution No. 36-03 Granting
the issuance of a Class “B” (Hotel/Motel) Liquor License to Best Western Dubuque Inn; and
Class “C” Beer/Liquor License to Goetz’s, Pusateris, and The Clubhouse. Seconded by
Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Carnegie Stout Public Library Roof Replacement Project: City Manager recommending
initiation of the public bidding process for the Carnegie Stout Public Library Roof Replacement
Project and that a public hearing be set for March 17, 2003, upon motion received and filed.
Michalski moved adoption of Resolution No. 37-03 Adopting preliminary plans and
specifications; Resolution No. 38-03 Setting date of hearing on preliminary plans and
specifications for 3/17/03 at a meeting to commence at 6:30 P.M. in the public library
3
auditorium and that the City Clerk publish notice in the manner prescribed by law; and
Resolution No. 39-03 Ordering bids. Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Commissions:
Community Development Advisory Commission (Three unexpired 3-year terms for Census
Tracts 2, 3 and 4; One 3-year term for At-Large – Term of Wainwright; One 3-year term for
Census Tract 1 – Term of Isenhart): Applicant: Thomas Wainwright. Upon motion Mr.
Wainwright reappointed to a three year term which will expire 2/15/06.
TV Cable Community Teleprogramming Commission (Two unexpired 3-year terms through
6/30/03; One unexpired 3-year term through 6/30/05): Applicant: Burton Everist. Upon motion
Mr. Everist appointed to an unexpired three year term which will expire 6/30/05.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Disposal of Property to Dubuque Initiatives: Proof of publication on notice of hearing to
consider the disposal of real property in the Port of Dubuque to Dubuque Initiatives and City
Manager recommending approval, upon motion received and filed. Cline moved adoption of
Resolution No. 40-03 Disposing of real property by deed to Dubuque Initiatives. Seconded by
Nicholson. Motion carried 7-0.
Tanzanite Drive Right-of-Way – Annexation Request: Proof of publication on notice of
hearing to consider a voluntary annexation request from the City of Dubuque for two parcels
that comprise a portion of the right-of-way for Tanzanite Drive and City Manager recommending
approval, upon motion received and filed. Buol moved adoption of Resolution No. 41-03
Annexing certain territory to the City of Dubuque, Iowa. Seconded by Nicholson. Motion
carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Tara Winger: Communication from Tara Winger requesting to address the Council. Ms.
Winger was not in attendance.
Street Closure Request: Communication from Thomas W. Parsley, President and General
Manager of Radio Dubuque, Inc., requesting the closure of Kennedy Road from the stoplight at
Wacker to the stop sign at University and Dodge at two separate times on Wednesday, July 2,
2003, presented and read. Discussion centered on City liability. Buol moved to receive and
file the communication and to approve the request, if all City requirements are met. Seconded
by Nicholson. Motion failed due to the following vote: Yeas—Buol, Nicholson. Nays—Cline,
Connors, Duggan, Markham Michalski.
Harvest View Estates Third Addition – Final Plat: City Manager recommending approval of
the final plat of Harvest View Estates Third Addition as requested by Marty McNamer, Harvest
Development Group, LLC., upon motion received and filed. Markham moved adoption of
4
Resolution No. 42-03 Approving the final plat of Harvest View Estates Third Addition in the City
of Dubuque, Iowa, Seconded by Connors. Motion carried 7-0.
Bell and Fifth Street Construction Project: City Manager recommending award of the contract
for the Bell and Fifth Street Construction Project to Tschiggfrie Excavating in the amount of
$1,511,452.70, upon motion received and filed. Cline moved adoption of Resolution No. 43-03
Awarding contract to Tschiggfrie Excavating. Seconded by Nicholson. Motion carried 7-0.
Proposed Revision to Code of Ordinances: City Manager recommending that a portion of
th
East 16 Street from Central Avenue to the alley entrance immediately east of Central Avenue
be added to the list of streets signed for year-round alternate side parking restrictions, upon
motion received and filed. Ordinance No. 3-03 Amending City of Dubuque Code of
Ordinances Section 32-285(b) Alternate Side Street Parking by establishing parking restrictions
along a section of Sixteenth Street, 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 Connors. Motion carried 7-0.
The following was removed from the Agenda: Reconsideration of Request to Rezone - 296
North Grandview: Council Members Ann Michalski and Patricia Cline requesting
reconsideration of rezoning property located at 296 North Grandview Avenue.
National League of Cities: Communications from the Iowa League of Cities appointing
Council Member Pat Cline to serve as one of Iowa’s representatives on the Energy,
Environment and Natural Resources (EENR) Policy Committee of the National League of Cities
and Council Member John Markham to serve as one of Iowa’s representatives on the Finance,
Administration and Intergovernmental Relations (FAIR) Policy Committee of the National
League of Cities, upon motion received and filed.
NLC 2003 Information Technology and Communications Steering Committee: Communication
from the National League of Cities appointing Council Member Dan Nicholson to the 2003
Information Technology and Communications (ITC) Steering Committee, upon motion received
and filed.
COUNCIL MEMBER REPORTS
Markham commented that there is a rumor that Northwest Airlines will be pulling out of the
Dubuque Airport and as yet there has been no official notification. They have scheduled a
meeting with Northwest officials.
At 7:04 P.M. upon motion it was resolved to go into Closed Session re: Land Acquisition and
Pending Litigation – Chapter 21.5(1)(j)(c) 2001 Code of Iowa.
At 7:43 P.M. Council reconvened regular session with statement that Staff had been given
proper direction.
There being no further business, upon motion meeting adjourned at 7:44 P.M.
5
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 2/12
6