Minutes City Council 6 16 03CITY OF DUBUQUE, IOWA
GOVERNING BOARD OF THE MUNICIPAL HOUSING AGENCY
OFFICIAL PROCEEDINGS
Governing Board of the Municipal Housing Agency, June 16, 2003
Board met at 6:15 P.M. in the Public Library Auditorium
Present: Chairperson Duggan, Members Buol, Connors, Markham, Michalski, Nicholson, Plein
Chairperson Duggan read the call and stated this is a session of the Governing Board of the
Municipal Housing Agency called for the purpose of approving a Mainstream Program Voucher
Application for Section 8 Housing Assistance.
Michalski moved adoption of Resolution No. 194-03 Approving an application for Section 8
Mainstream Program Housing Vouchers. Seconded by Connors. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 6:20 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, June 16, 2003
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Connors, Markham, Michalski, Nicholson, City
Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent at Roll Call: Council Member Cline who joined the meeting electronically at 6:50 P.M.
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 Dianne Grace, Pastor of Immanuel Congregational Church of Christ.
Proclamations: Homeownership Month (June, 2003) received by Jerry Mulert; St. Mark
Community Center’s Appreciation Day to the Community, received by Karol-Jean Manikkam; and
Apples for Students Months (June and July, 2003), received by Karol-Jean Manikkam.
CONSENT ITEMS
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Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/6 and 6/3; City
Council of 6/2; Historic Preservation Commission of 5/15; Human Rights Commission of 5/12;
Long Range Planning Advisory Commission of 5/21; Mechanical Board of 6/4; Zoning Advisory
Commission of 6/4; Zoning Board of Adjustment of 5/22, upon motion received and filed.
Proof of publication of City Council proceedings of May 19, 2003, upon motion received and
filed.
Printed Council Proceedings for February and March, 2003, upon motion received and filed and
approved as printed.
Finance Director submitting the financial reports for the month ending May 31, 2003, upon
motion received and filed.
Notice of Claims/Suits: Michael Bartolotta for towing expense; Linda Boothby for property
damage; Gregg Liddle for vehicle damage; Chessica Sanchez for vehicle damage, upon motion
referred to the Legal Staff for investigation and report.
Corporation Counsel advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Linda Boothby, upon
motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Susan Breitbach for vehicle damage
and referring her to the Iowa Department of Transportation and denial of the claim of Chessica
Sanchez for vehicle damage and referring her to J & E Excavating, upon motion received and filed
and concurred.
Citizen Communications: Communications from citizens regarding the City of Dubuque budget
and possible reductions and communication from Susan and Patrick Meehan thanking Council for
the opportunity to share their concerns about the QHQ rezoning, upon motion received and filed.
Community Development Advisory Commission: Communication from the Community
Development Advisory Commission regarding the potential impact of Fiscal Year 2004 budget
reductions to the City’s community development program, upon motion received and filed.
Office of the Governor: Communication from Governor Thomas J. Vilsack, dated May 22, 2003,
regarding the Reinventing Government Bill, upon motion received and filed.
Communication from Governor Thomas J. Vilsack, dated June 9, 2003, regarding the
Reinventing Government Bill, upon motion received and filed.
Communication of City Manager to Governor Vilsack requesting that he veto HF 692 and HF 683
which exclude using funds from the recently passed Federal Stimulus Package to provide relief to
Iowa cities impacted by SF 453, upon motion received and filed.
Iowa Department of Economic Development – Barnstead International: Communication from the
Iowa Department of Economic Development advising that the City’s Community Economic
Betterment Account (CEBA) application for Barnstead International has been approved, upon
motion received and filed. City Manager recommending execution of a Community Economic
Betterment Loan Agreement (CEBA) of $60,000 to support Barnstead International’s expansion
project in Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 195-
03 Authorizing the execution of a Community Economic Betterment Account Loan Agreement for
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Sixty Thousand Dollars ($60,000) with Barnstead International. Seconded by Markham. Motion
carried 6-0.
City Development Board: Communication from Steven R. McCann, City Development
Administrator, advising that the City’s voluntary annexation request will be heard by the City
Development Board at their July 2003 meeting, upon motion received and filed.
Iowa Department of Transportation: Communication from the Iowa Department of Transportation
advising that control of certain primary roadways will be transferred to local jurisdictions effective
July 1, 2003, upon motion received and filed.
Stone Quarry Subdivision – Final Plat: Zoning Advisory Commission recommending approval of
the final plat of Stone Quarry Subdivision as requested by Schneider Land Surveying/River City
Stone Company, upon motion received and filed. Buol moved adoption of Resolution No. 196-03
Approving final plat of Stone Quarry Subdivision in the County of Dubuque, Iowa. Seconded by
Markham. Motion carried 6-0.
Wynstone Subdivision – Preliminary Plat: Zoning Advisory Commission advising that the
preliminary plat of Wynstone Subdivision has been approved and is being submitted to the City
Council for information only, upon motion received and filed.
Historical/Architectural Survey – Phase IV Consultant Selection: City Manager recommending
approval of Jim Jacobsen of History Pays! as the consultant to conduct Phase IV of the
architectural/historic survey, upon motion received and filed. Buol moved adoption of Resolution
No. 197-03 Approving a contract for Phase IV National Register Nomination and Amendment
Project. Seconded by Markham. Motion carried 6-0.
Plat of Survey – Ham’s Addition: City Manager recommending approval of the Plat of Survey of
Lot 1 of 319 and Lot 2 of 319 of Eagle Point or Ham’s Addition in the City of Dubuque, Iowa, upon
motion received and filed. Buol moved adoption of Resolution No. 198-03 Approving the Plat of
Survey of Lot 1 and Lot 2 of 319 of Ham’s Addition. Seconded by Markham. Motion carried 6-0.
Legislative Correspondence: Communication from Congressman Jim Nussle regarding state aid
provisions included in the Jobs and Growth Tax Act, upon motion received and filed.
Iowa Department of Public Health Childhood Lead Poisoning Funding: City Manager
recommending approval of a contract with the Iowa Department of Public Health for continued
funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement
with the Visiting Nurse Association for services related to the program, upon motion received and
filed. Buol moved adoption of Resolution No. 199-03 Authorizing the City Manager or his
designee to sign a contract with the Iowa Department of Public Health and an Agreement with the
Dubuque Visiting Nurse Association. Seconded by Markham. Motion carried 6-0.
Economic Development Initiative Special Project Grant Application: City Manager recommending
approval of an Economic Development Initiative (EDI) grant application to the U.S. Department of
Housing and Urban Development in the amount of $357,660 for cleanup activities in the Port of
Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 200-03
Authorizing the filing of an application to the Department of Housing and Urban Development.
Seconded by Markham. Motion carried 6-0.
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Liquor License Transfer: Request of the Dubuque County Historical Society to transfer their
liquor license from the Ryan House to their parking lot at 350 East Third Street for the Taste of
Dubuque event to be held on August 6, 2003, upon motion received and filed and approved
request.
QHQ Rezoning: City Manager submitting information regarding the QHQ rezoning issue, upon
motion received and filed.
Project Concern: Communication from Al Urbain and Steve Jacobs of Project Concern regarding
the serious budget problems facing the City of Dubuque, upon motion received and filed.
Visiting Nurse Association: Communication from Nan Colin, VNA Director, thanking the City
Council for awarding the Visiting Nurse Association a Community Partnership Grant to provide
dental health screening and service to low-income elderly in Dubuque, upon motion received and
filed.
City of Asbury – Voluntary Annexation: Notification from the City of Asbury of a public hearing to
be held June 24, 2003, to consider a voluntary annexation request from Joel Callahan, Callahan
Construction, Inc., upon motion received and filed.
Supreme Court of the United States: Opinion of the Supreme Court of the United States in the
matter of Fitzgerald, Treasurer of Iowa v. Racing Association of Central Iowa, et al. upon motion
received and filed.
Individual and Aggregate Stop Loss Insurance Renewal – Health Plans: City Manager
recommending approval of the renewal proposal for Fiscal Year 2004 presented by Health
Choices for the City’s individual and aggregate stop loss insurance, upon motion received and
filed and approved recommendation.
Joint Labor Management Health Care Committee Agreement: City Manager recommending
approval of an amendment to the Joint Labor Management Health Care Committee Agreement
which will be in effect until June 30, 2005. upon motion received and filed and approved
recommendation.
Business Licenses: Buol moved adoption of Resolution No. 201-03 Granting the issuance of
forty-eight cigarette license renewals; Resolution No. 202-03 Granting the issuance of a Class
“C” Beer Permit to Kwik Stop Food and Cedar Cross Amoco; and Resolution No. 203-03 Granting
the issuance of Class “C” Beer/Liquor License to Creslanes Bowling, Fischer Lanes, Jym’s Bar,
American Legion #6, Paul’s Tavern, Knicker’s Saloon, Toreros, Jumpers Sport Bar and
Applebee’s Grill/Bar. Seconded by Markham. Motion carried 6-0.
Extra Work Order – Iowa Department of Transportation US Highway 20 Interim Traffic Signal
Improvements Project: City Manager recommending approval to enter into an agreement with the
Iowa Department of Transportation for a change order on the US Highway 20 Interim Traffic
Signal Improvements Project for the installation of a four inch interduct for future City fiber optics
use, upon motion received and filed and approved recommendation.
BOARDS/COMMISSIONS
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Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Civic Center Commission (Two three-year terms to expire 6/29/06 – terms of Dolphin and Fuller):
Applicants: Gary Dolphin and Cynthia A. Fuller. Ms. Fuller spoke requesting consideration for
reappointment.
Historic Preservation Commission (One unexpired three-year term for Old Main District through
7/1/05; One three-year term for Cathedral District through 7/1/06; One three-year term for At-
Large through 7/1/06 – term of Gibbs): Applicant: David C. Stuart (At-Large). Mr. Stuart spoke
requesting consideration for appointment.
Long Range Planning Advisory Commission (Two three-years terms through 7/1/06 – terms of
Neumeister and Stein): Applicants: Dr. Mary Lynn Neumeister and Rick Stein. No one spoke.
Park and Recreation Advisory Commission (One three-year term through 6/30/06 – term of
Duggan): Applicant:Chuck Duggan. No one spoke.
Appointments to the following Boards/Commissions:
Community Development Advisory Commission (One at-large and one low/moderate income
vacancy to expire 2/15/04 and two low/moderate income vacancies to expire 2/15/05). Applicants:
Gina Bell (At-Large), Sr. Paula Maloy, SVM (At-Large), David Shaw (Low/Moderate Income).
Upon vote, Sr. Paula Maloy, SVM appointed to an At-Large term which will expire 2/15/04 and
David Shaw appointed to the Low/Moderate Income Area term which will expire 2/15/05.
Historic Preservation Commission (One unexpired three-year term for Old Main District to expire
7/1/03, one three-year term for Cathedral District to expire 7/1/06, and one three-year term for At-
Large to expire 7/1/06 – term of Gibbs). Applicants: Michael Coty (Cathedral District), James E.
Gibbs (At-Large), Christine Olson (At-Large) and David C. Stuart (At-Large). Upon vote Michael
Coty appointed to the Cathedral District and Christine Olson appointed for the At-Large position
with both terms to expire 7/1/06.
Investment Oversight Advisory Commission (Two three-year terms to expire 7/1/06 – terms of
Lassance and Melendez): Applicants:Paul Lassance and Hiram Melendez. Upon motion Paul
Lassance and Hiram Melendez were reappointed to terms to expire 7/1/06.
Library Board of Trustees – Mayor Appointment (Two four-year terms to expire 7/1/07 – terms of
Lindsay and Lynch). Applicants: Alan Avery and Susan Lindsay. Mayor Duggan appointed Alan
Avery and Susan Lindsay to the Library Board of Trustees for terms to expire 7/1/07. Michalski
moved to approve the Mayor’s appointments. Seconded by Nicholson. Motion carried 6-0.
Zoning Advisory Commission (Two three-year terms to expire 7/1/06 – terms of Hardie and
Roush) Applicants: Stephen Hardie and Ben Roush. Upon motion Stephen Hardie and Ben
Roush were reappointed to three year terms to expire 7/1/06.
PUBLIC HEARINGS
Council Member Cline joined the meeting electronically – via telephone at 6:50 P.M.
Upon motion the rules were suspended to allow anyone present to speak.
Carey Graybill/Steelegray, Inc.: Proof of publication on notice of hearing to consider rezoning
property located at 2915 John F. Kennedy Road from AG Agricultural District to R-1 Single-Family
Residential District at the request of Carey Graybill/Steelegray, Inc. and Zoning Advisory
Commission recommending approval, upon motion received and filed.
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Carey Graybill spoke requesting approval of the rezoning.
Ordinance 43-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located west of 2915 John F. Kennedy
Road from AG Agricultural District to R-1 Single-Family Residential District, 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.
Sale of City Property – Ham’s Addition: Proof of publication on notice of hearing to consider a
request from Randall J. Klauer to purchase of Lot 2 of 319 of Ham’s Addition, located on the
corner of Rhomberg Avenue and Hawthorne Street, and City Manager recommending approval,
upon motion received and filed. Markham moved adoption of Resolution No. 204-03 Disposing
of interest in Lot 2 of 319 of Ham’s Addition, Dubuque, Iowa. Seconded by Connors. Motion
carried 7-0.
Mediacom Franchise Extension: Proof of publication on notice of hearing to consider an
additional short-term extension through December 31, 2003 of the existing Mediacom cable
franchise and side agreements under the terms currently in effect and City Manager
recommending approval, upon motion received and filed. Ordinance No. 44-03 Extending the
term of the existing cable franchise agreement and hub site lease of MCCIowa, L.L.C. to
December, 2003, 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.
Easements – Riprow Valley: Proof of publication on notice of hearing to consider granting two
easements on City-owned land at the Riprow Valley Trailhead and City Manager recommending
approval, upon motion received and filed.
Sr. Diane Forrester, Regina Thibeau of 530 Sunset Ridge, and Darryl Mills of the Iowa Heritage
Foundation, all spoke in favor of the granting of the easements.
Markham moved adoption of Resolution No. 205-03 D
isposing of City interest in development rights
for Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut Subdivision; and Lot A of Government Lot #1, all in
Section 6, T88, R3E, in the City of Dubuque, Iowa for easements for the Riprow Valley Trailhead Project.
Seconded by Michalski. Motion carried 6-0 (no response from Cline).
West Locust Manhole Reconstruction Project: Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on the receipt of bids, and City Manager
recommending award of the contract for the West Locust Manhole Reconstruction Project to Drew
Cook & Sons Excavating, Inc. in the amount of $105,280, upon motion received and filed. Buol
moved adoption of Resolution No. 206-03 Adopting plans and specifications for the project and
Resolution No. 207-03 Awarding contract to Drew Cook & Sons Excavating, Inc. Seconded by
Connors. Motion carried 7-0.
Port of Dubuque Landscaping and Recognition Wall: Proofs of publication on notice of hearing
on plans and specifications and notice to bidders on the receipt of bids, and City Manager
recommending award of the contract for the Port of Dubuque Landscaping Project to Portzen
Construction, Inc., in the amount of $71,400 and rejecting all bids for the Recognition Wall Project,
upon motion received and filed. Markham moved adoption of Resolution No. 208-03 Adopting
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plans and specifications for the Port of Dubuque Landscaping Project and Resolution No. 209-03
Awarding contract to Portzen Construction, Inc. for the Port of Dubuque Landscaping Project.
Seconded by Michalski. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater
Dubuque Development Corporation, to provide a verbal update on the activities of GDDC. Upon
motion the report was received and filed.
Board of Directors – Greater Dubuque Development Corporation: Communication from Rick
Dickinson, Executive Director of the Greater Dubuque Development Corporation, requesting
appointment of Council Members to the GDDC Board of Directors (currently Council Member Dan
Nicholson and Council Member Pat Cline) and affirming that Mayor Terry Duggan, City Manager
Mike Van Milligen and Economic Development Director Bill Baum will continue to serve as
provided by GDDC’s by-laws, upon motion received and filed the communication and reaffirmed
the same appointments.
Dubuque Main Street, Ltd.: Communication from Bob Felderman, President of the Dubuque
Main Street, Ltd. Board of Directors, requesting Council approval of their new 2020 District Plan,
upon motion received and filed.
Bob Felderman spoke in support and explained the expansion.
Buol moved adoption of Resolution No. 210-03 Approving the 2020 District Plan of Dubuque
Main Street, Ltd. Seconded by Nicholson. Motion carried 7-0.
Street Postings for Five-Ton Load Limit – Main Street and Ice Harbor Road: City Manager
recommending approval of an ordinance prohibiting trucks in excess of a registered five-ton gross
weight limit on Main Street from Fifth Street to Ninth Street and Ice Harbor Road, upon motion
received and filed. Ordinance No. 45-03Amending Chapter 32, Motor Vehicles and Traffic, the
Code of Ordinances of the City of Dubuque, Iowa, by enacting a new Section 32-163.1 Prohibiting
Motor Trucks Registered for a Gross Weight Limit Exceeding Ten Thousand (10,000) Pounds
from Traveling on Designated Streets, 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.
Deer Management Program: City Manager recommending that the City’s Urban Deer
Management Plan be continued for the 2003-2004 hunting season, upon motion received and
filed. Environmental Stewardship Advisory Commission recommending that the City’s Urban Deer
Management Plan be continued for the 2003 season and further recommending consideration of
development of an ordinance prohibiting feeding of deer in the City, upon motion received and
filed and directed Staff to do some research and bring back a report on the possibility of an
Ordinance.
Weed Control Policy and Procedures: City Manager submitting information regarding the Health
Services Department weed procedures and enforcement, upon motion received and filed and
referred to Staff to develop a shorter process of enforcement.
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Request to Address the Council: Request of Jonas Bandy, Vice President of the Dubuque
Professional Firefighters’ Association Local 353, to address the Council regarding the Fiscal Year
2004 budget, upon motion received and filed.
Budget Amendment: City Manager submitting recommendations for the Fiscal Year 2004 budget
amendment and recommending that a public hearing be set for Wednesday, July 9, 2003 to
consider an amendment to the Fiscal Year 2004, upon motion received and filed. Buol moved
adoption of Resolution No. 211-03 Setting a public hearing for July 9, 2003 for the Fiscal Year
2004 First Amendment at 6:00 P.M. in the Five Flags Theater and that the City Clerk publish
notice in the manner prescribed by law. Seconded by Michalski. Motion carried 6-0 with no
response from Cline.
At 8:50 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation –
Chapter 21.5(1)(c) 2003 Code of Iowa.
At 9:11 P.M. Council reconvened Regular Session stating that proper direction had been given.
There being no further business, upon motion meeting adjourned at 9:12 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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