Proof Council Minutes 6 16 03d June 9
to
revention
of the
further moved final consid-
eration and passage of tl~
Ordinance. Seconded by
Bandy, Vice President of
Council
6/30~86 - tofl~ of Duggan):
Ap~ Chuck Daggan.
No ~e spoke.
lowing ~ Boards /
filed and
to ~re ?/g06, and dn
-term 10i' Al
Rhomberg Avenue ~a~..d
HaWthorne Street, ~nd C[~y
Manager" recommenOfo~
approval, ,u~n- motion
receaved~ and , ill_ed.
Markham moved adoption
of Resolution NO. 204-03
and side agreements-u~
and City Manager
term i
existing
agreement and hub site
lease of MCC owa, LL.C.
to December, 200~ pre-
sented and read. Buol
moved that
to
passed be suspended a~d
Riprow
to
of 530
~dge,,andDar~l
same
ubuque Mean Street,
Ltd.: Communication from
Bob Fefoerman, President
of the Dubuque Main
Street, Ltd; Board of
requesting
of their
Bob Felderman
moved adoption of
Resofotion No. 210-03
Fbundatfon; eal spoke in
Christine Olson ~avor of the granting of the
and David C. easement~
Mankham moved adop-
tion o~Resolution No- 205-
ed
and Christine Olson
· Ca~an
ConstrUction, Inet. upOn and
n~tibfi received and filed:'
Ten
Eom
on Designated
Streets presented and
read. Buo moved that the
a pro-
voted
it is to be finea-
be suspended
further moved final
COnsideration aed passage
the OrdinanCe.
by Markham.
Deer Management
or Lot t City
City's
188, finued for the 2003-2004
in the City hunting season, upon i
motion;reCeived and ~ed.
Erivir0nmental
Trealhaad S~ewardship AdVisory
secOnded by Mfoheaski. Commisson recommend-
filed.
Budget Amendment: City
(Mmar~ager submitting rec-
meedatfons for the STATE
Fiscal Ye. 2004 budget OF IOWA
that a Dublin
DUBUQUE COUNTY
tion of'Resolution No. 21_1
03 Setting a public hearing
for Ju~y 9, 2003 'for
Session stating that ~)ro ~por
CERTIFICATION O[
I, She_rd A. Yut_zy_, a Billing Clerk for'
corporation, publisher of the Telegrapl
published in the City of Dubuque, Cot
certify that the attached notice was pu]
dates: June 26, 2003, and for which th
Subscribed tQ before me, a~. P~
this '~'~6z~-- day °f ~
Mayor
rredemmend-
West L~cu~
~ directed staff tO dc
some resean~l ~ ben~c
~i05~80, upon. submitting
motion received and filed~ regarding the Health
located ~ received and
i MarkhAm moved
G~l/Bar-
Markharh.
Extra Work Order ~ Iowa
Dubuque Landscaping
P~oject and Resniution No,
209-03 Awarding contract
mntion to POrtzan Construction,
for the Port of
Landscaping
Seconded by
Motion carried
Director of the Greeter
Dubuque
GDDC. Upon
motion the report was
Ordinance be
~sao~s n~.~ter
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 elec-
tronically at 6:50 P.M.
Mayor Duggan read the
call and stated this is a reg-
ular session of the City
Council called for the pur-
pose of discussing such
matters which may proper-
ly 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
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 submit-
ting the financial reports for
the month ending May 31,
2003, upon motion
received and filed.
Notice of Claims/Suits:
Michael Bartolotta for tow-
ing expense; Linda
Boothby for property dam-
age; Gregg Liddle for vehi-
cle damage; Chessica
Sanchez for vehicle dam-
age, upon motion referred
to the Legal Staff for inves-
tigation 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 con-
curred.
Corporation Counsel rec-
ommending 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 dam-
age and referring her to J &
E Excavating, upon motion
received and filed and con-
curred.
Citizen Communications:
Communications from citi-
zens regarding the City of
Dubuque budget and pos-
sible reductions and com-
munication from Susan
and Patrick Meehan thank-
ing Council for the oppor-
tunity to share their con-
cerns 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 develop-
ment 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 recommend-
ing 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 Sixty
Thousand Dollars ($60,000)
with Barnstead
International. Seconded
by Markham. Motion car-
,ried 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 pri-
mary roadways will be
transferred to local jurisdic-
tions effective July 1, 2003,
upon motion received and
filed.
Stone Quarry Subdivision
Final Plat: Zoning
Advisory Commission rec-
ommending 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 prelimi-
nary plat of Wynstone
Subdivision has been
approved and is being sub-
mitted 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 architectur-
. al/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 provi-
sions included in the Jobs
and Growth Tax Act, upon
motion received and filed.
Iowa Department of
Public Health Childhood
Lead Poisoning Funding:
City Manager recommend-
ing approval of a contract
with the Iowa Department
of Public Healt+'for contin-
ued funding of the
Childhood Lead Poisoning
Prevention Program
(CLPPP) and a renewed
agreement with the Visiting
Nurse Association for ser-
vices related to the pro-
gram, 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.
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 infor-
mation regarding the QHQ
rezoning issue, upon
motion received and filed.
Project Concern:
Communication from Al
Urbain and Steve Jacobs
of Project Concern regard-
ing the serious budget
problems facing the City of
Dubuque, upon motion
received and filed.
Visiting Nurse
Association:
Communication from Nan
Colin, VNA Director, thank-
ing the City Council for
awarding the Visiting Nurse
Association a Community
Partnership Grant to pro-
vide dental health screen-
ing 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 recommend-
ing approval of the renewal
proposal for Fiscal Year
2004 presented by Health
Choices for the City's indi-
vidual and aggregate stop
loss insurance, upon
motion received and filed
and approved recommen-
dation.
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 recom-
mendation.
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 rec-
ommending 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 recom-
mendation.
BOARDS/COMMISSIONS
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 unex-
pired 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 appoint-
ment.
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 fol-
lowing 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 vacan-
cies 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 appoint-
ed 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 unex-
pired 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 appoint-
ed 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 elec-
tronically - 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 rezon-
ing 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 recommend-
ing approval, upon motion
received and filed.
Carey Graybill spoke
requesting approval of the
rezoning.
Ordinance 43-03 Amend-
ing Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of
Ordinances by reclassify-
ing 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 require-
ment 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 consid-
eration 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 publi-
cation 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 recom-
mending approval, upon
motion received and filed.
Ordinance No. 44-03
Extending the term of the
existing cable franchise
agreement and hub site
lease of MCClowa, L.L.C.
to December, 2003, pre-
sented and read. Buol
moved that the require-
ment 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 consid-
eration 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 adop-
tion of Resolution No. 205-
03 Disposing of City inter-
est in development rights
for Lot 1 of 1 of
Govemment 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 ease-
ments 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, uporl
motion received and filed.
Buol moved adoption of
Resolution No. 206-03
Adopting plans and speci-
fications 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 spec-
ifications and notice to bid-
ders on the receipt of bids,
and City Manager recom-
mending award of the con-
tract 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 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 activ-
ities 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 (cur-
rently 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 con-
tinue 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 rec-
ommending approval of an
ordinance prohibiting
trucks in excess of a regis-
tered 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. 45-03
Amending 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 pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly 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 con-
tinued for the 2003-2004
hunting season, upon
motion received and filed.
Environmental
Stewardship Advisory
Commission recommend-
ing that the City's Urban
Deer Management Plan be
continued for the 2003
season and further recom-
mending consideration of
development of an ordi-
nance 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 pos-
sibility of an Ordinance.
Weed Control Policy and
Procedures: City Manager
submitting information
regarding the Health
Services Department weed
procedures and enforce-
ment, upon motion
received and filed and
referred to Staff to develop
a shorter process of
enforcement.
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 rec-
ommendations for the
Fiscal Year 2004 budget
amendment and recom-
mending 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 adop-
tion 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 pre-
scribed by law. Seconded
by Michalski. Motion car-
ried 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
1 t 6/26
STATE
DUBU(
I, Sherri A.
corporation
published it
certify that
dates: June
Subscribed
this .;%��
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 elec-
tronically at 6:50 P.M.
Mayor Duggan read the
call and stated this is a reg-
ular session of the City
Council called for the pur-
pose of discussing such
matters which may proper-
ly 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
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
Advisory Commission
Communication from the
Community Developmen
Advisory Commission
regarding the potentia
impact of Fiscal Year 2004
budget reductions to the
City's community develop-
ment 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 recommend-
ing 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 Sixty
Thousand Dollars ($60,000)
with Barnstead
International. Seconded
by Markham. Motion car-
: ried 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 pri-
mary roadways will be
transferred to local jurisdic-
tions effective July 1, 2003,
upon motion received and
filed.
Stone Quarry Subdivision
Final Plat: Zoning
Advisory Commission rec-
ommending 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.
: ued funding of the
Childhood Lead Poisoning
t Prevention Program
(CLPPP) and a renewed
I agreement with the Visiting
Nurse Association for ser-
vices related to the pro-
gram, 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.
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 infor-
mation regarding the QHQ
rezoning issue, upon
motion received and filed.
Project Concern:
Communication from Al
Urbain and Steve Jacobs
of Project Concern regard-
ing the serious budget
problems facing the City of
Dubuque, upon motion
received and filed.
Visiting Nurse
Association:
Communication from Nan
Colin, VNA Director, thank-
ing the City Council for
awarding the Visiting Nurse
Association a Community
Partnership Grant to pro-
vide dental health screen-
ing 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 recommend-
ing approval of the renewal
proposal for Fiscal Year
2004 presented by Health
Choices for the City's indi-
vidual and aggregate stop
loss insurance, upon
motion received and filed
and approved recommen-
dation.
Boards / Commissions:
Civic Center
Cornmission (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 unex-
pired 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 appoint-
ment.
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 fol-
lowing 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 vacan-
cies 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 appoint-
ed 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 unex-
pired 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 appoint-
ed 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.
further moved final consid-
eration 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 publi-
cation 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 recom-
mending approval, upon
motion received and filed.
Ordinance No. 44-03
Extending the term of the
existing cable franchise
agreement and hub site
lease of MCClowa, L.L.C.
to December, 2003, pre-
sented and read. Buol
moved that the require-
ment 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 consid-
eration 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 adop-
tion of Resolution No. 205-
03 Disposing of City inter-
est 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 ease-
ments 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, upor'
motion received and filed.
Buol moved adoption of
Director of the Greater
Dubuque Development
Corporation, requesting
appointment of Council
Members to the GDDC
Board of Directors (cur-
rently 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 con-
tinue 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 rec-
ommending approval of an
ordinance prohibiting
trucks in excess of a regis-
tered 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. 45-03
Amending 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 pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly 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 con-
tinued for the 2003-2004
hunting season, upon
motion received and filed.
Environmental
Stewardship Advisory
Commission recommend-
ing that the City's Urban
Deer Management Plan be
continued for the 2003
season and further recom-
mending consideration of
development of an ordi-
nance 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 pos-
sibility of an Ordinance.
Weed Control Policy and
Procedures: City Manager
submitting information
regarding the Health
Services Department weed
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 rec-
ommendations for the
Fiscal Year 2004 budget
amendment and recom-
mending 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 adop-
tion 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 pre-
scribed by law. Seconded
by Michalski. Motion car-
ried 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
-It 6/26
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: June 26, 2003, and for which the charge is $234.01.
Subscribed to before me, a ► :. ry Public in and for Dubuque County, Iowa,
this 26,1 day of , 20 23 .
Nota Public in and for Dubuque Co ty, Iowa.
MIRY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005