Minutes City Council 9 2 03CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Tuesday, September 2, 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.
Invocation was given by Reverend Kristian Kincaid, Our Redeemer Lutheran Church.
Proclamation: Dragon Boat Festival Days (September 6 and 7, 2003) received by Jean
McCallum.
Presentations: Audubon School Appreciation Poster presented by Walt Pregler and Kay
Helbing, Principal of Audubon School; National Mississippi River Museum and Aquarium
Grand Opening Commemorative Print presented by Jerry Enzler of the Dubuque County
Historical Society.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 7/28; City Council of 8/18, 8/19, and
8/21; Community Development Advisory Commission of 6/25; Downtown Planning Committee
of 8/18; Electrical Code Board of 8/4; Housing Commission of 7/22; Housing Code Board of
Appeals of 7/15; Human Rights Commission of 7/14; Library Board of 6/18 and 6/26; Zoning
Advisory Commission of 8/7, upon motion received and filed.
Proof of publication of City Council Proceedings of 8/4, upon motion received and filed.
Notice of Claims/Suits: Elizabeth A. Fuerst vs. City of Dubuque; Brent Garbett for vehicle
damage; Ronald Huntington for vehicle damage; Cassie Maiden for personal injury; Valerie A.
McNally for vehicle damage, upon motion received and filed and 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: Cassie Maiden for
personal injury, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Gerald Brimeyer for vehicle
damage and of Ronald Huntington for vehicle damage and directing the Finance Director to
issue payment, upon motion received and filed and concurred.
City of Asbury – Voluntary Annexation Request Notice: Notification from the City of Asbury
that a public hearing will be conducted on September 5, 2003 on various voluntary annexation
requests, upon motion received and filed.
Amendment to Collective Bargaining Agreement with Professional Firefighter’s Association:
City Manager recommending approval of an amendment to the agreement between the City of
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Dubuque and the Dubuque Professional Firefighter’s Association, Local #353, upon motion
received and filed and approved recommendation.
Brewery Rehabilitation Project: City Manager recommending approval of a resubmittal of
combined notice of finding of no significant impact on the environment and notice of intent to
request release of funds for the Brewery Rehabilitation Project, upon motion received and filed.
Buol moved adoption of Resolution No. 296-03 Authorizing publication of a combined notice of
finding of no significant impact on the environment and notice of intent to request release of
funds for Brewery Rehabilitation Project. Seconded by Markham. Motion carried 7-0.
Voluntary Annexation Agreement from Marilyn Blake: City Manager submitting a voluntary
annexation agreement received from Marilyn Blake, upon motion received and filed.
Fiscal Year 2004 Annual Action Plan – Amendment #1: City Manager recommending
approval of an amendment to the City’s Fiscal Year 2004 Annual Action Plan related to the
budgetary shortfall, upon motion received and filed. Buol moved adoption of Resolution No.
297-03 Approving Amendment #1 to the Fiscal Year 2004 (Program Year 2003) Annual Action
Plan for Community Development Block Grant Funds. Seconded by Markham. Motion carried
7-0.
Confined Space Fee: City Manager recommending approval of a fee for confined space
rescue service of $500 per year for each facility with a confined space rescue agreement with
the City of Dubuque, upon motion received and filed. Buol moved adoption of Resolution No.
298-03 Establishing the annual fee for confined space rescue services. Seconded by
Markham. Motion carried 7-0.
Asbury Plaza Drainage/Soil Erosion Issue: Communication from Werner Hellmer regarding
the Asbury Plaza Drainage/Soil Erosion Issue, upon motion received and filed.
City Manager Employment Agreement: Submittal of the Twelfth Amendment to the City
Manager’s Employment Agreement for approval, upon motion received and filed and approved
the amendment.
Certified Local Government Grant – Phase V Architectural/Historic Survey: Historic
Preservation Commission recommending approval of the submission of an application to the
State Historic Preservation Office (SHPO) for a Certified Local Government (CLG) grant to
conduct Phase V of the architectural/historic survey of the community, upon motion received
and filed. Buol moved adoption of Resolution No. 299-03 Approving the submission of an
application for Certified Local Government (CLG) program funding to conduct Phase V of the
architectural/historic survey. Seconded by Markham. Motion carried 7-0.
Certified Local Government Grant – Historic Preservation Symposium: Historic Preservation
Commission recommending approval of the submission of an application to the State Historic
Preservation Office (SHPO) for a Certified Local Government (CLG) grant to conduct an
historic preservation symposium, upon motion received and filed. Buol moved adoption of
Resolution No. 300-03 Approving the submission of an application for Certified Local
Government (CLG) program funding to conduct an historic preservation symposium.
Seconded by Markham. Motion carried 7-0.
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Deployed Soldiers: Council Member Nicholson submitting a picture of deployed soldiers
holding the Dubuque flag, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 301-03 Granting the issuance of
a permit to sell cigarettes and cigarette papers to JMS Investments; Resolution No. 302-03
Granting the issuance of one renewal permit to sell cigarettes and cigarette papers to Jumpers
Sports Bar/Grill; Resolution No. 303-03 Granting the issuance of a Class “C” Beer Permit to
Family Mart, Kwik Stop Food Mart (3201 Kerper); Kwik Stop Food Mart (2360 Central), Asbury
Amoco and Clark Station; Resolution No. 304-03 Granting the issuance of a Special Class
“C” Liquor License to Colts Community Center; Class B (Wine) Permit to Family Mart; and
Class “B” Native Wine Permit to The Mandolin Inn. Seconded by Markham. Motion carried 7-
0.
ITEMS TO BE SET FOR PUBLIC HEARING
Port of Dubuque Parking Lot Renovation and Resurfacing Project – Initiate: City Manager
recommending initiation of the public bidding process for the Port of Dubuque Parking Lot
Renovation and Resurfacing Project and setting a public hearing for October 6, 2003, upon
motion received and filed. Cline moved adoption of Resolution No. 305-03 Preliminary
approval of plans and specifications; Resolution No. 306-03 Setting date of hearing on plans
and specifications for 10/6/03 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 and
Resolution No. 307-03 Ordering bids. Seconded by Nicholson. Motion carried 7-0.
Carter Road Detention Basin Construction Project – Initiate: City Manager recommending
initiation of the public bidding process for the Carter Road Detention Basin Construction
Project and setting a public hearing for October 6, 2003 and approval of a letter to the Iowa
Department of Natural Resources asking for an “out-of-order” review of the plans and
specifications for the project, upon motion received and filed. Cline moved adoption of
Resolution No. 308-03 Preliminary approval of plans and specifications; Resolution No. 309-
03 Setting date of hearing on plans and specifications for 10/6/03 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 and Resolution No. 310-03 Ordering bids. Seconded by Nicholson.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Housing Advisory Trust Fund Committee (One 3-year term through 9/8/06 – Term of
Hingtgen) Applicant:Doris M. Hingtgen. No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
West Fifth Street – Request to Vacate: Proof of publication on notice of hearing to consider a
request from The Finley Hospital to vacate an alley southwest of West Fifth Street and City
Manager recommending approval, upon motion received and filed. Markham moved adoption
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of Resolution No. 311-03 Disposing of City interest in Lot 6A of Finley Home Addition in the
City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0.
Fiscal Year 2004 Budget Amendment: Proof of publication on notice of hearing to consider a
second amendment to the Fiscal Year 2004 budget, upon motion received and filed.
No one spoke concerning the proposed budget amendment.
Cline moved adoption of Resolution No. 312-03 Amending the current budget for the Fiscal
Year ending June 30, 2004. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Purchase of Trolley Replicas: City Manager recommending approval of an agreement with
Optima Bus Corporation to purchase two American Heritage Streetcars at a total cost of
$540,716 to be used for the looped shuttle service programmed for the Port of Dubuque and
downtown, upon motion received and filed and approved recommendation.
Don Schadl of Dubuqueland Tour and Shuttle Services, as a small business owner
negatively impacted by this, spoke in opposition to the purchase
Sanitary Sewer Connection Ordinance Revision and Policy: City Manager recommending
approval of a change to the Sanitary Sewer Connection Ordinance and Policy which would
give the City Manager the option to exempt a property from the requirement of connecting to
the public sewer if the connection were not practical, upon motion received and filed.
Ordinance No. 71-03 Amending the City of Dubuque Code of Ordinances Chapter 44 Section
44-55 Abandonment of Private On-Site Sewage Treatment and Disposal System upon
Availability of Public Sewer, 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 Connors. Motion carried 7-0.
Purchase of Service Agreements: City Manager recommending approval of Purchase of
Service agreements with Dubuque Area Labor Management Council ($15,443), Helping
Services of Northeast Iowa ($1,964), Operation: New View ($16,708), Project Concern –
Foster Grandparent Program ($5,435), Retired and Senior Volunteer Program ($7,341), and
Substance Abuse Services Center ($12,390), upon motion received and filed and approved
recommendation.
QHQ Rezoning – Request for Direction: City Manager requesting City Council direction
regarding the role of City staff with respect to the QHQ rezoning request west of the Northwest
Arterial and east of Samantha Drive, presented and read. Council discussed the necessity of
bringing some conclusion to this continuing rezoning dilemma. Upon motion it was directed
that the applicant, QHQ Development, and the objecting neighbors meet with mediators from
the City of Dubuque Mediation Services to try and come to some resolution of issues before
bringing this issue back to the Council. Staff was directed to answer questions from either
party but to do no more or less than they would do for other rezoning issues.
T-Corp Rockdale Road Development: City Manager requesting City Council direction
regarding the purchase of a second access for emergency vehicles for the T-Corp Rockdale
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Road Development, upon motion received and filed the communication and referred this
matter to the Police Chief and Fire Chief to determine when and if an emergency access road
would be necessary and to have the issue brought back at that time.
National League of Cities: Communication from the National League of Cities requesting
designation of the City’s voting delegate and alternate voting delegate for the NLC Annual
Business Meeting, upon motion received and filed and resolved that Council Member
Nicholson be designated as the voting delegate, with no alternate named.
Iowa League of Cities: Communication from Alan Kemp, Iowa League of Cities, advising that
the initial meeting of the University and College City Forum will be held on October 16, 2003 at
Grinnell College, upon motion received and filed and appointed Council Member Michalski as
the City’s representative at the Forum.
Police Department Towing Contract (Tabled on August 4, 2003): Mayor Terry Duggan
requesting that this item be brought back to the table for Council discussion. Upon motion this
item was removed from the table.
City Manager recommending award of the Police Department Towing Contract to both
Wenzel Towing and Burt Steve and Sons Garage.
Marie Steve spoke objecting to the process for this contract.
Jules Wenzel spoke stating that a split contract would work but would be difficult.
Nicholson moved to reject all bids. Seconded by Michalski. Motion failed due to the following
vote: Yeas—Nicholson, Michalski. Nays—Buol, Duggan, Cline, Connors, Markham.
Buol moved to rescind the vote to reject all bids. Seconded by Markham. Motion carried 7-
0.
Markham moved to receive and file the communications, reject all bids and refer the matter
back to staff. Seconded by Buol. Motion carried 7-0.
At 7:53 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation and
Property Acquisition – Chapter 21.5(1)(c)(j) 2003 Code of Iowa.
At 8:17 P.M. upon motion Council reconvened Regular Session stating that proper direction
had been given.
There being no further business, upon motion meeting adjourned at 8:18 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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