Proof Council Minutes 2 3 03 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 I~uol, Cline,
Connors, Markham, Micha!ski,
Nicholson, City Manager
Michael Van Mil]igen
Corporation Counsel Barry
, Mayor Duggan read the
session of the City Council.
calred for the purpose of dis-
cussing such mat~ers which~
~may properly come before the
City CounciL~.
Invocation wes given by
Reverend Ken Bickel, Pastor
~ .Congregational ChUrch of
' ~ONSENT ]'rEMS
Minutes and Reports
I Commissio~
~lnvestment Over~ght Advisory
as printed.
January
injury; Carol K~ueger for per-.
DL~trict for use of e~ch other's
facilities, upon motion
I received and filed and.
sidered Acceptable, upon
0
0
CITY 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, h Cline,
-
Connors, Markham,
Nicholson, City Milli
Michael Van 9
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 dis-
cussing such mat before which..
may properly come
City Council. by
Invocation was given
Reverend regn el, Pastor,
Churrch of
First Congregational
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 Recreat /on
Park on,
Commission of 1/14, upon,
motion received and filed.
Printed OfficialDecember,
Proceedings
2002, upon motion approved
as printed.
Proofs of publication of
Janua y 6 P2003eand Listfof
January
Claims and Summary of
Revenuesnormotionmber 31,
received
2003,,upon
and filed. Oversight
Investment
Commission submiort gu the
39th quarterly rep
po
motion received and filed.
Notice of Claims/Suits:
Criss for property
Brooke N. Gassman for vehi-
cle damage; Carol KruegerJoseph
personal injury; damage;
Meissen for property
Daby RaCa herine A. Steffen
of
Dubuque; upon
for vehicle damage,
motion referred to the Legal
Staff for investigation and
report.
Corporation Counsel advising
that the following
have
been referred to claims
Public
Risk Services of
fhIe Iowa, the
Cawa
oent for mmunities Assurance Pool:
Janice Hoerner for personal
injury; Carol Krueger for per--.
sonal injury; and Patricia
Morrison for personal injury,
upon motion received and filed
and concurred.
Corporation Council recom-
mending settlement of the
claim of Catherine Steffen for
vehicle damage and directing
the Finance Director to ssue
ue.
payment, upon
d directed
Finance Director toreceived and filed nissue pay-
ment.
Corporation Counsel recom-
mending denial of the claim of
Damian Bau a hereo for motion
op -
received andnfiled and con-
curred.
Elmwood Green Subdivision:
City Manager recommending
acceptance of the public
improvements in Elmwood
Gredeveloper,
Su, Joe Gn which the
raham, has
developer, completed, upon
otiotly
motionvadoptionp aof andfiled.
ol
moved
No. 31-03 Acceptingimprove-
ments in
lwod Green.
Subdivision. Seconded by
Markham. Motion carredtur0.
Klauer Property:
g
Company
Corporation Councacceptance rof the
deed
529 ro er-
deed to 0.529 acres of p P.
ty from Klauer Manufacturing
Company located in the Port
of Dubuque, upon motion,
j received and filed. Buol moved
adoption of Resolution No. 32-
i 03 Accepting the deed to cer-
' tain real estate in Dubu uee
qu
County, Iowa from
Manufacturing Company.
Seconded by Markham.
Motion carried 7-Property Tax
House File 2sub
Valuations: City ManagerState
miffing a letter to Gene
Representative
Manternach requesting that he
oppose House File 2 related to
property tax valuations, upon
, motion received and filed.
Tax
House File 25 Property
' Limitation: City Manager su
b-
mitting mitting a letter to State
Lukan
requesting Repveresentatithatsheeoppose
House File 25 regarding
Property Tax Limitation legis-
lation, upon motion received
and filed.
28E Indemnification.
i Agreement with Dubuque
Community School District:
City Managerrecommending
a 28Erecommending
approval Agreement
betweenicthenCity and the
between
Dubuque Community School
j District for use' of each other's
facilities, filed and
i receivedd areernent.
I approved Agreement.
Dubuque Local Flood
Protection Project Continuing
Eligibility Inspection: ,
Manager submitting a letteref
fromEmergency Terry Management
Division,mergency Department of the
Army, to John Klosterman
advising Protectionthe ity's Local
Project
Continuing
Eligibility
Continuing performed on
Novembern
November 22, 2002 was con-
sidered Acceptable, upon
motion received and filed.
• Tri-State Community Health
Rogers Company Shot Tower
(located at Commercial toStreet
and the Riverfro t) toHithe
National Register
Places, and communication
from the State Historical
Society of Iowa to
oathe 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 PP
Dubuque Area: City Manager
recommending approval of an
agreement with the Canadian
National Railroad for the instal-
lation of a four -inch conduit
underneath the railroad tracks
at Fourth and White
eStreets
to
provide a fiber optic
connec-
tion between City Hall
and
the
Port of Dubuque, uponBuol
received and filed. of
moved adoption of Resolution
No. 33-03 Approving
Agreement File Number P-
8474 with the
National Railroad relating to
the installation ptic f a (our -inch
conduit
PVC Markham.
Seconded , by
Motion carried 7-0.
Fiscal Conve Conversion: Budget ity
Form Manager recommending
the
the approval
Fiscal of
2003 conversion
budget
and Fiscal Year 2002 actual
expenses and revenues to a
new farrior as required by the
to any action
State p being
taken on the Fiscal Year 2004
budget, upon motion received
and filed. Buol moved adop-
tion of Resolution No. 34-03
Converting the current budget
for Fiscal Year 2003 to con-
form with Iowa Code 384.16
and Iowa AdministrativeSeconded
545-2.1(384.388):
by Markham. Motion carried 7-
0. for
Logo Design
er Services Cenr C ty
Grand recommending
Manager of McCullough
approvalaup for design of
thCreative identityGrpackage for the
Grand River
Riv
er Center, upon
motion received and filed and
approved recommendation. Audubon
The Dubuque
Society: Communication from
Wayne Buchholtz, President Audubon
the Dubuque the Society, regarding
pro-
posed condominivam co t 28ex
development
Rhomberg Avenue, upon
motion receivedfiled.
Memorandumd of
Understanding with Dubuque
County Extension District: City
Manager recommending
approval of a Memorandum of
Understanding with
hltthe
Dubuque County gcu
ural
Extension District to provide
counseling services for home
purchase education to HUD
Family Self -Sufficiency
Program families, upon motion
on
received and filed
approved Departmentd romof Housing
U.S. Urban
Development:
and Urban
Communication from
Gregory
egory
A. Bevirt, U.S.aDepa Urban
Housingnt of
the
Development, ment, regarding
City's Community
Development Block motion
rant
Program, upon
received Feral and dled. Emergency
Management Agency:
from
Communication Jim Nussle
Congressmand
the Federal that he has contacted
Emergency
the
Management Agencyrequest-
ing any options available for
obtaining additional assis-
tance in the acquisition of
commercial property damaged
in the June 2002 flooding,
upon motion received and
filed.
BusinesstioLicenses:
Buol
n of Resolution
moved ad03 Granting the
No. 3e o3 Beer
Penance of a Class #6 and
Permit to Oky
Awn Stop Mart and Resolution
No. 36-03 Granting the
issuance of a Class
(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
RoofStout
Public Library
Replacement Project and tfat
TV Cable Community
it
Teleprogramming terms
on
(Two unexpired 3-year
through 6/30/03; One unex-
pired 3-year term through
6/30/05): Applicant Burton
Everist. Upon motion Mr.
Everist appointed to an unex-
pired three year term which
will expire 6/30/05.
PUBLIC HEARINGS
Upon
t'endedto on truleshe
allow anyone
prep speak.
present to ap ert to
Disposal of Prop Y
Dubuque Initiatives: Proof of
cation on noce of hear-
ing to consider the disposal of
real property toithe Port of
DubuqueDubuqueManager
recommending andinCity Manager
upon
recommending approval,
motion received andfiled.
Cline moved adoption
40 03
Resolution by
Disposing of real property
deed to Dubuque MInitiatives.
Seconded by
Motion carried 7-0.Right-of-Way
Tanzanite Drive RigProof
- Annexation Request:
of publication on notice of
hearing to consider a voluntary
annexation request from thee
City of Dubuque two
parcels that comprise a por-
or-
tion 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, icholsoa.
Seconded by
Motion carried 7-0.
Upon motion the rules were
discussion
reinstated limiting
to the Council.
ACTION ITEMS
Tara Winger Communicaon
from Tara Winger requesting
to address the Council. Ms.
Winger was not in attendance.
Street Closure Request:
omas
Communication r s dent and
W. Parsley, er of Radio
General Manag
Dubuque, Inc., requesting e
closure of Kennedy
the stoplight at Wacker to the
stop sign at Universitytim and
Dodge at two separatetimes
on Wednesday, July 2, 2003,
r003,
presented and
Discussion centered on City
liability. Buol moved to receive
and file the communication
ifand to approve the request,
all City requirements are met.
Seconded by Nicholson.
Motion failed due to the fol-
lowing vote: Yeas —
Nicholson. Nays—Cline,
ays Cl ne
Connors, Duggan,
am
Michalski.
Harvest View Estates Third
Addition - Final Plat: City
Manager recommending
approval of the final plat
f
Harvest View EstatesThird
rd
Addition as requested
by
Marty McNamer, HarvestLLC
Development Group,
upon motion received and
filed. Markham moved adop-
tion of Resolution No. 42-03
Approving the final plat
Harvest View Estates Third
Addition in the City of
Dubuque, Iowa, Seconded by
Connors. ll MotionandFifth carried
Construction Project: City
Manager recommending
award of the contract for
the
Bell and Fifth Street
to
Construction Project
Tschiggfrie Excavatinin
the
amount of $1 511
70,
upon motion receivedando
filed. Cline moved Oadopion of
Resolution Ncontract to
-03
TAwarding schindfrie Excavating.
Seconded , by Nicholson.
Motion carried 7-0.
Proposed Revision to Code
of Ordinances: City a portion
er
recommending that
of East 16th Street from
Central Avenue to the alley
entrance immediately east of
Central Avenue be added to
the list of streets
sigeds for
year-round alternate
de
parking restrictions, upon
motion received and filed.
Ordinance No. 3-03 Code Amending f
City of Dubuque
Ordinances Section 32-285(b)
Alternate Side Sark t Parkii g
by establishing ng a section of
tions along Sixteenth Street, presented
d that the
requi emenntread. Buol tha moaeproposed
Ordinance be considered and
voted on for passage
to
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved finalcon-
sideration and passageof
the
Ordinance. Seconded' Oby
STATE OF IOWA tSS:
DUBUQUE COUNTY
property tax valuations, upon
motion received and filed.
House File 25 - Property Tax
Limitation: City Manager sub-
mitting a letter to State
Representative Steve Lukan.
requesting that he oppose
House File 25 regarding
Property Tax Limitation legis-
lation, 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 con-
sidered Acceptable, upon
motion received and filed.
Tri-State Community Health
Center: City Manager recom-
mending approval of a letter of
support from the City for a
Federally Qualified Community
Health Center Application,.
upon motion received and filed
and approved recommenda-
tion.
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 rec-
ommending 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, upon motion
received and filed and ,
approved recommendation.
George W. Rogers Company
Shot Tower: Historic
Preservation Commission rec-
ommending approval of the
nomination of the George W.
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 request-
ing any options available for
obtaining additional assis-
tance 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 prelimi-
nary plans and specifications;
Resolution No. 38-03 Setting
date of hearing on preliminary
plans and specifications for
3/17/03 at a meeting to com-
mence at 6:30 P.M. in the pub-
lic library 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 follow-
ing 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.
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 East 16th 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 restric-
tions 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 con-
sideration 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 reconsidera-
tion of rezoning property locat-
ed at 296 North Grandview
Avenue.
National League of Cities:
Communications from the
Iowa League of Cities appoint-
ing Council Member Pat Cline
to serve as one of Iowa's rep-
resentatives 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 repre-
sentatives 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 sched-
uled 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 recon-
vened regular session with a
statement that Staff had been
given proper direction.
There being no further busi-
ness, upon motion meeting
adjourned at 7:44 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
it 2/12
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: February 12, 2003, and for which the charge is $155.32.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /02 day of sz,.f; ;,2zz-4, , 20 03
�,��✓�G3-ram ;
Notary Public in and for ubuque County, Iowa.
aklp If:ip-r,....9.. v EYER
E p.FEB.1,2005