Minutes City Council 3 3 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 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 special 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 Jerry E. Oakland, Pastor, St. Luke’s United Methodist
Church.
PROCLAMATIONS: Welcoming Ms. Darina Baranchikova of Hemmene, Slovakia received by
Darina Baranchikova; Welcoming Mr. Watslaw Prazuch of Turnow, Poland received by
Watslaw Prazuch; Welcoming Mr. Laszlo Szalkai of Vezprem, Hungary received by Laszlo
Szalkai; and Ms. Diana Turlakova of Star Zagora, Bulgaria received by Diana Turlakova.
CONSENT ITEMS
Minutes Submitted: City Conference Board of 1/21; City Council of 2/17, 2/20 and 2/24; Five
Flags of 1/13; Long Range Planning Advisory Commission of 2/19; Mechanical Board of 2/18;
Plumbing Board of 2/26, upon motion received and filed.
Proof of publication of City Council Proceedings of 2/3, 2/5 and 2/10, upon motion received
and filed.
Notice of Claims/Suits: Eldon D. Denlinger for property damage; John Schreiber for property
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: Eldon D.
Denlinger for property damage; Thomas Weidenbacher for vehicle damage; Raymond Worden,
Sr. for personal injury, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Joseph Melssen for property
damage and that the Finance Director issue payment, upon motion received and filed and
concurred and Finance Director to issue payment.
Citizen Communication: Communication from Valorie Woerdehoff concerning the anti-war
resolution that came before the City Council, upon motion received and filed.
Iowa League of Cities: Communication from the Iowa League of Cities advising that Dubuque
has been chosen as the site for the 2007 Annual Conference and Exhibit, upon motion received
and filed.
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Burlington Northern Railroad Depot Restoration Project: City Manager recommending
acceptance of the Burlington Northern Railroad Depot Restoration Project – Contract No. 2
(General Demolition) in the final contract amount of $38,000.00 and Contract No. 5 (Steel) in
the final contract amount of $87,625.57, upon motion received and filed. Buol moved adoption
of Resolution No. 62-03 Accepting improvement and Resolution No. 63-03 Approving final
contract amount of $38,000.00 for Contract No. 2 and $87,625.57 for Contract No. 5.
Seconded by Cline. Motion carried 7-0.
Grand River Excursion: Communication from Congressman Jim Nussle in support of the
Grand River Excursion, upon motion received and filed.
Tax Increment Financing Funding: Communication from City Manager Michael C. Van
Milligen to area legislators regarding the possible elimination of tax increment financing
funding, upon motion received and filed.
Bluff Land Protective Measures: Communication from City Manager advising that he will have
information regarding Bluff Land Protective Measures for the April 7, 2003 meeting, upon
motion received and filed.
Rip Row Valley – Ball Field Development Project: City Manager recommending approval of a
new final estimate of $120,052.89 for the Rip Row Valley Ball Field Development Project, upon
motion received and filed. Buol moved adoption of Resolution No. 64-03 Rescinding
Resolution Number 326-02, setting the final estimate for the Rip Row Valley Ball Field
Development Project and Resolution No. 65-03 Approving final estimate. Seconded by Cline.
Motion carried 7-0.
Rip Row Valley – Utilities Extension Project: City Manager recommending approval of a new
final estimate of $92,309.24 for the Rip Row Valley Utilities Extension Project, upon motion
received and filed. Buol moved adoption of Resolution No. 66-03 Rescinding Resolution
Number 522-02, setting the final estimate for the Rip Row Valley Utilities Extension Project and
Resolution No. 67-03 Approving final estimate. Seconded by Cline. Motion carried 7-0.
Swimming Pool Concession Agreement: City Manager recommending approval of a
concession agreement with Baseball Dreamers to operate the concession stands at Flora and
Sutton swimming pools, upon motion received and filed and approved agreement.
Code of Ordinance Supplement No. 57: City Manager recommending adoption of Supplement
No. 57 to the Code of Ordinances of the City of Dubuque, upon motion received and filed. Buol
moved adoption of Resolution No. 68-03 Adopting Supplement No. 57 to the Code of
Ordinances of the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0.
Federal Emergency Management Agency: Congressman Jim Nussle providing a response
from Richard Hainje, Regional Director of the Federal Emergency Management Agency,
regarding the City’s request for financial assistance to acquire a structure that was substantially
damaged during the June 2002 flood event, upon motion received and filed.
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Mesaba Aviation, Inc. Notice of Termination: A notice from Mesaba Aviation, Inc. advising of
their intent to terminate service at Dubuque, Iowa effective May 13, 2003, upon motion received
and filed.
Save America’s Treasures Grant Application: City Manager recommending approval of the
submission of a grant application for $250,000 from the Save America’s Treasures program for
restoration and interpretation of the Dubuque Shot Tower, upon motion received and filed.
Buol moved adoption of Resolution No. 69-03 Authorizing submittal of a grant application for
the Dubuque Shot Tower. Seconded by Cline. Motion carried 7-0.
Monitoring Well Installation – RMT, Inc.: City Manager recommending approval of a request
from RMT, Inc. to install temporary monitoring wells within City right-of-way at the area
surrounding the former Amoco facility of 351 Dodge Street, upon motion received and filed.
Buol moved adoption of Resolution No. 70-03 Authorizing license agreement between the City
of Dubuque and RMT, Inc. to install monitoring wells on public right-of-way at the former Amoco
site of 351 Dodge Street. Seconded by Cline. Motion carried 7-0.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the review of the first phase of the City’s HOME
Partnership Program has been completed and has been found to be in substantial compliance
with financial and program requirements, upon motion received and filed.
Historic Preservation Commission: Suzanne M. Guinn submitting her resignation as the
Jackson Park Representative on the Historic Preservation Commission, upon motion received
and filed.
Chamber Foundation Request: Communication from City Manager to the Dubuque Racing
Association Grant Committee in support of the Chamber Foundation grant request to update
technology in the Chamber of Commerce Boardroom, upon motion received and filed.
George W. Rogers Company Shot Tower: Communication from the State Historical Society of
Iowa advising that the George W. Rogers Company Shot Tower, located at Commercial Street
and River Front, has been accepted for nomination to the National Register of Historic Places
by the State Nomination Review Committee, upon motion received and filed.
Senate File 129: Communication from the City Manager to area legislators in support of the
creation of a commission to review and recommend changes to the State’s tax system, upon
motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 71-03 Granting the issuance of a
Class “B” Beer Permit (6 Months) to Baseball Dreamers and a Class “C” Beer Permit to Econo
Foods #471 and Resolution No. 72-03 Granting the issuance of a Class “B” (Hotel/Motel)
Liquor License to Days Inn; Class “C” Beer/Liquor License to Eagles Club #568, P.J.’s Tap,
Dubuque Greyhound Park and Casino, Yardarm Restaurant and Bar, and Rafters; and a Class
“B” Wine Permit to Econo Foods #471, with the conditional approval for Rafters based upon
completion of the necessary inspections. Seconded by Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
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Vacating Request – Alley Between Bryant and Ramona Streets: City Manager recommending
that a public hearing be set for March 17, 2003 to consider a request from the Dubuque
Community School District to vacate the alley between Bryant and Ramona Streets from Mt.
Loretta Avenue 148 feet south, upon motion received and filed. Buol moved adoption of
Resolution No. 73-03 Approving plat of vacated alley between Bryant and Ramona from Mt.
Loretta Avenue 148 feet south. Seconded by Markham. Motion carried 7-0. Ordinance No.
16-03 Vacating the alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet south,
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 Markham. Motion carried 7-0. Buol moved adoption of Resolution
No. 74-03 of Intent to dispose of City interest in Lot 1A and Lot 3A in Columbia Addition in the
City of Dubuque, Dubuque County, Iowa, with the public hearing set for 3/17/03 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. Seconded by Markham. Motion carried 7-0.
Mediacom Franchise Extension: City Manager recommending that a public hearing be set for
March 17, 2003 to consider an additional short-term extension through June 30, 2003 of the
existing Mediacom cable franchise and side agreements under the terms currently in effect,
upon motion received and filed. Buol moved adoption of Resolution No. 75-03 of Intent to
grant a short-term extension of an existing cable services franchise and an existing hub site
lease to MCCIowa L.L.C with the public hearing set for 3/17/03 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. Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Historic Preservation Commission(One unexpired three-year term representing the Old Main
District through 7/1/05 and one unexpired three-year term representing the Jackson Park
District through 7/1/04): Applicant: Mary Loney Bichell (Jackson Park District). Ms. Bichell
spoke requesting consideration for appointment.
Housing Commission (One unexpired three-year term through 8/17/04): Applicant:Joseph
Suarez. Mr. Suarez spoke requesting consideration for appointment.
Zoning Board of Adjustment (One five-year term through 3/25/08 – term of Urell): Applicant:
Jim Urell. No one spoke.
Appointments to the following Boards/Commissions:
Community Development Advisory Commission (Three unexpired three-year terms
representing Census Tracts 2, 3 and 5; one three-year term through 2/15/06 representing
Census Tract 1 – term of Isenhart): Applicant: Chuck Isenhart. Upon motion Mr. Isenhart
reappointed to the three-year term which will expire 2/15/06.
ACTION ITEMS
U.S. 20 Bridge: Request of David Wm. Rusk to address the Council regarding the design for
the new U.S. 20 Bridge; Communication from the Long Range Planning Advisory Commission
regarding the Julien Dubuque Bridge design; Communication from the Historic Preservation
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Commission regarding the Julien Dubuque Bridge design; Communication from John Hess,
Chairperson of the Dubuque County Historic Preservation Commission regarding the design of
the proposed bridge across the Mississippi River, upon motion received and filed.
David Rusk, Chair of Long Range Planning Commission, gave a presentation and spoke
urging the Council to consider supporting a U.S. 20 bridge design that would be identical to the
present design of the Julien Dubuque Bridge.
Mayor Duggan and the Council stated that the Iowa and Illinois Departments of
Transportation had already made their decision for the tied tier design for the bridge.
NPDES Permit Application: City Manager recommending approval of the submission of the
City of Dubuque’s NPDES Phase II municipal separate storm sewer system (MS4) application
to the Iowa Department of Natural Resources, and communication from the Environmental
Stewardship Advisory Commission thanking City staff and the City Council for the opportunity to
be involved and to offer input regarding the NPDES permit application, upon motion received
and filed and approved application.
Community Development Block Grant Economic Development Loan to Heartland Financial
USA, Inc.: City Manager recommending approval of a Community Development Block Grant
(CDBG) Economic Development Loan to Heartland Financial USA, Inc. to assist in the
renovation and expansion of the former Walsh Store building, upon motion received and filed.
Nelson Klavitter, Vice President of Operations of Heartland Financial USA, spoke thanking the
Council and Staff for their support in this project.
Markham moved adoption of Resolution No. 76-03 Authorizing a commitment letter and the
execution of a Community Development Block Grant Loan of Five Hundred Thousand Dollars
($500,000) to Heartland Financial USA, Inc. Seconded by Cline. Motion carried 7-0.
PUBLIC INPUT
Fabian Yaklin, 1550 Clarke Drive, spoke and distributed a proposed Resolution against U.S.
military intervention in Iraq and requested Council endorsement of it.
Jerry Oakland, 1722 Churchill, spoke in support of the proposed resolution.
Joe Melssen spoke against the proposed resolution.
Michalski thanked Mr. Yaklin for coming forward but stated no action could be taken at this
meeting.
There being no further business, upon motion meeting adjourned at 7:54 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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