2 3 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, FEBRUARY 3, 2002
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
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MARK"/~M..,C.~S~,..,C.~SO.~ ~
CI~ MANAGER MICHAEL VAN MIZEN; CORPO~TION COUNSEL BA~ LINDAHL
ABSENT:
Mayor Duggan read the call and stated this is a s/~l session of the City Council
called for the purpose of discussing such mattem which may properly come before the
City Council.
INVOCATION: Reverend Ken Bickel, Pastor, First Congregational Church of Christ
CONSENT ITEMS
/ Ayes Nays
.~ Nicholson
i;~/Buol
vCline
Connors
7/ / --puggan
/ /'~ ~arkham
'---/Michalski
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
Pdnted Official Council Proceedings for December, 2002
Proofs of publication of Council Proceedings for January 6, 2003 and List of Claims and
Summary of Revenues for December 31, 2003
Investment Oversight Commission submitting the 39th quarterly report.
Suggested Disposition: Receive and File; Approve as Printed
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Notice of Claims/Suits
Man/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. Staffen for vehicle damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/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.
Corporation Council recommending settlement of the claim of Catherine Steffen for
vehicle damage and directing the Finance Director to issue payment.
Corporation Counsel recommending denial of the claim of Damian Baumhover for
property damage.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Payment
m
Elmwood Green Subdivision
City Manager recommending acceptance of the public improvements in Elmwood Green
Subdivision which the developer, Joe Graham, has recently completed.
RESOLUTION
Subdivision
Accepting improvements in Elmwood Green
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Nicholson
J Buol
Cline
Connors
Duggan
Markham
Michalski
3
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.
RESOLUTION ~.~o~-0~ Accepting the deed to certain real estate in Dubuque
County, Iowa from Klauer Manufacturing Company
Suggested Disposition: Receive and File; Adopt Resolution
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.
Suggested Disposition: Receive and File
g
House File 25 - Property Tax Limitation
City Manager submitting a letter to State Representative Steve Lukan requesting that
oppose House File 25 regarding Property Tax Limitation legislation.
Suggested Disposition: Receive and File
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.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Nicholson
./ Buol
Cline
Connors
Duggan
~ Markham
Michalski
4
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.
Suggested Disposition: Receive and File
Sm
Tri-State Community Health Center
City Manager recommending approval of a letter of support from the City for a Federallly
Qualified Community Health Center Application.
Suggested Disposition: Receive and File; Approve
10.
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.
Suggested Disposition: Receive and File
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
5
11.
Demolition Request
Historic Preservation Commission recommending approval of a request from the City of
Dubuque to demolish a metal warehouse located at 380 East 4th Street in the Port of
Dubuque.
Suggested Disposition: Receive and File; Approve
12.
George W. Rogers Company Shot Tower
Histodc Preservation Commission recommending approval of the nomination of the
George W. Rogers Company Shot Tower (located at Commercial Street and the
Riverfrent) to the National Register of Historic Places.
Communication from the State Historical Society of Iowa to the Mayor of Dubuque
regarding the George W. Rogers Company Shot Tower.
Suggested Disposition: Receive and File; Approve
13.
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.
RESOLUTION ~-~::2~ Approving Agreement File Number P-8474 with the
Canadian National Railroad relating to the installation of a four-inch PVC fiber optic
conduit
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Nichoison
Buol
Cline
Connors
Duggan
Markham
Michalski
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14.
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.
RESOLUTION ~/~ ~.~ Converting the current budget for Fiscal Year 2003 to
conformw ith Iowa Code 384.16 and Iowa Administrative Rules 545-2:1(384.388)
Suggested Disposition: Receive and File; Adopt Resolution
15.
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,
Suggested Disposition: Receive and File; Approve
16.
The DubuqueAudubon Society
CommunicafionfromWayne Buchhol~,Presidentofthe DubuqueAudubon Sodety,
rega~ingthe proposedcondominiumcomplex developmentat2800 Rhomberg
Avenue.
Suggested Disposition: Receive and File
17.
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.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
7
18.
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.
Suggested Disposition: Receive and File
t9.
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.
Suggested Disposition: Receive and File
20.
Business Licenses
RESOLUTION , ~:~ ~ Granting the issuance of a Class 'C' Beer Permit to O~
Doky #6 and Awn Stop Mart
RESOLUTION ~_~ ~::2~ Granting the issuance of a Class "B" (Hotel/Mote) Liquor
License to Best Western Dubuque Inn; and Class "C" BeedLiquor License to Goetz's,
Pusateris, and The Clubhouse
Suggested Disposition: Adopt Resolutions
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
8
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 Camegie
Stout Public Library Roof Replacement Project and that a public hearing be set for
March 17, 2003.
RESOLUTION ~ ~..~ Adopting preliminary plans and specifications
RESOLUTION ~;/-~::~..~ Setting date of hearing on preliminary plans and
specifications
RESOLUTION ~.-~' ~, ...~ Ordedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3117103
. ~/~,Ayes Nays
Nicholson
Buo
Cline
Connors
/Duggan
Markham
Michaiski
9
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 I - Term of Isenhart):
Applicant: Thomas Wainwright
~yes Nays
~ Nicholson
/ Buol
/ _~Cline
/ /~Connors
/ ~/Duggan
/ Markham
// ~) Michalski
TV Cable Community Teleprogramming Commission (Two unexpired 3-year terms
through 6130103; One unexpired 3-year term through 6130105):
Applicant: Burton Everist
iv/ AyesNays
Nicholson
· Buol
Cline
' ~ichalskl
10
PUBLIC HEARINGS
SUSPEND THE RULES
Iy~\ Nays
L/Cline
Connors
Duggan
Markham
Michalski
Disposal of Property to Dubuque Initiatives
Proof of publication on notice of headng to consider the disposal of real property in the
Port of Dubuque to Dubuque Initiatives and City Manager recommending approval.
RESOLUTION /-~:~ ~ ~ Disposing of real property by deed to Dubuque
Initiatives
Suggested Disposition: Receive and File; Adopt Resolution
.~/ye~ Nays
'~,/ {~]/Nicholson
', --Buol
/' 0 Cline
/ Connors
~ Duggan
// Markham
J Michalski
11
Tell Council that the Resolution approving the voluntary annexation request needs to he
adopted.
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.
RESOLUTION /-~/'~ ~ ~ Annexing certain territory to the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
y~?~j, Nays
[~/Nicholson
~ Buol
L~/Cline
Connors
~ Duggan
/ Markham
Michalski
REINSTATE THE RULES
,/~Ayes Nays
Nicholson
2', B.ol
~// ~/~))Cline
/~ ~Connom
Duggan
Markham
Michaiski
12
ACTION ITEMS
Tara Winger
Communication fi*om Tara Winger requesting to address the Council
Suggested Disposition: Receive and File
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
13
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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. ~
Suggested Disposition: Receive and File; Council Direction ~
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Harvest View Estates Third Addition - Final Plat
City Manager recommending approval of the final plat of Harvest View Estates Third
Addition as requested by Marry McNamer, Harvest Development Group, [.LC.
RESOLUTION /~/'~'- ~.~ Approving the final plat of Harvest View Estates Third
Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
es Nays
Nicholson
Buol
/~line
· ~_-onnors
~/ r, Duggan
Markham
/~ Michalski
Bell and Fifth Street Construction Project/~v ~
City Manager recommending award of the contract for the Bel~ and Fifth Street
Construction Project to Tschiggfrie Excavating in the amount of $1,511,452.70.
RESOLUTION /-~-,~ ~ Awarding contract to Tschiggfde Excavating
Suggested Disposition: Receive and File; Adopt Resolution
,/~ e~ Nays
(.~/Nicholson
Buol
// Duggan
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15
Proposed Revision to Code of Ordinances
City Manager recommending that a portion of East 16~h 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.
ORDINANCE .~-~:~_~ Amending City of Dubuque Code of Ordinances Section
32-285(b) Altemate Side Street Parking by establishing parking restrictions along a
section of Sixteenth Street.
Suggested Disposition: Receive and File; Motion B; Motion A
yes Nays
~ Nicholson
~)' Buol
~.~ Cline
// (~Connors
// Duggan
/ / Markham
// Michalski
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.
Suggested Disposition: Receive and File; Council
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
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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 Intergovemmental Relations (FAIR) Policy Committee of the
National League of Cities.
Suggested Disposition: Receive and File
.~ ye,~)~ Nays
Cline
·/~ ~ Connors
// Duggan
~ ~ Markham
/ ~ Michals~
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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.
Suggested Disposition: Receive and File
es Nays
Nicholson
// ~/Duggan
/~ ~ Markham
// Michalski
COUNCIL MEMBER REPORTS
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PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Land Acquisition and Pending Litigation - Chapter 21.5(1)(j)(c) 2001 Code of Iowa
Motion to go into closed session at ~ ;~ >/
Motion to adjourn at
A/~es Nays
Nicholson
:/. Buol
//L/Cline
Connors
Duggan
/{~ Markham
Michalski
Ayes Nays
Nicholson
Buol
~Cline
onnors
Duggan
Markham
(~ Michalski
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TO: JEANNE F. SCHNEIDER
CiTY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, FEBRUARY 3, 2003, AT 6:30 P.M., IN
THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS THAT MAY
PROPERLY COME BEFORE THE COUNCIL.