Proof Council Minutes 9 2 03
~ v, ey
cITY OF DUBuQuE,
ioWA
cOUNCiL
pROCEEDINGS
C~ty
Septembe~
Council
intentto
(CLG) pro-
to conduct
Histodc i
2003 an(~
of a letter to the
Department of.
Res,o, urces asking
an ' o ut-°f "°rdaenr~'
for the pro-~
motion received
Cline moved
and
Clerk pub0ah-
STATE OF IOWA
DUBUQUE COUNTY
{SS:
hearing tO
request from The
Hospital to
southwest
Street and City
recommending
upon motion
filed.
adopSo
Home
of
Seconded
Fiscal Year
Amendment:
cat on on notice of hear.
ing to consider a =
amendment to the
'fear 2004 budget
mobe
the
get fo~
lng
~t of $5~0,716 to be ~ Meetings prior to ~he mae -~
total co- co ed shuttle lng at which it is to be hnal
used for the1 p ' '
service P ~ _ -nd / and further moved final
re rammed for [y passed be suspended
t~e P~ ...~ unon motion / co.sldera5on an~d.~p~ss.a~g~e
received and hied an. Seconded by Conners.
approved recommends Motion carried 7-0.
Affeements: City Manager
Sbettie Services, as a recommending approval of
Project
Foster
vehicles for .me T-Corp
,ecommenda- Chief end Fffe Chief to City Manager recom- There being no further
would b~ necessary and to both Wenzel P.M
(s/Jeanne F. Schneider,
have the ~ssue brought , CMC, City Clerk
CERTIFICATION OF PUBLICATION
QHQ i .Ign~'t~d ~ he ,.g. .... I ~,,ohalsk,. Nays--Duol, [
and the / gate, ,with no a~erna,= I ~';naan, Cline; Conners, ·
,e~ice, to t. and come ,o / ~p, ~_ ~ I~ ~ ~econded by Markham· I, Shern A. zutzy, a mumg
back to the Council. Staff . ~.,. ~- held on receive and file the corn- ~
was directed to answer r°~erW"~ 6~= PO03 at municat OhS, reje~ all bids ~ pUDI1SDCU
quest ons from either p~y O~ II Co~le ~ upon and refer the maker,s? /
Member Micbelski as the At 7:53 P M. upon motion datcS; Scptcmbc~ 10~ 2003. and ~o~ w~ch thc charge is $ ~ 52.52.
1.5(1)(c)~) 2003 Code of
Subscribed to before me, a ]~tary Public in and for Dub~uque County, Iowa,
this //~ dayo~?,~//~.,~,._~,~ ,20~,~ ·
Bus ~
· Hedtage Streetcars at a [ passage at ,two
necessity of
Nicbelspn move¢ tO[elect
a bds Seconded ~Y
MichalskL Motiop failed
due [o the following vote:
Notm3~ Public in and for Dubuque County, Iow:
ommlsalon Number lS4885!
CITY 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.
o++vocation 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/P1; 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 rec-
ommending settlement of
the claim of Gerald
Brimeyer for vehicle dam-
age and of Ronald
Huntington for vehicle
damage and directing the
Finance Director to issue
payment, upon motion
received and filed and con-
curred.
City of Asbury - Voluntary
Annexation Request
Notice: Notification from
the City of Asbury that a
public hearing will be con-
ducted on September 5,
2003 on various voluntary
annexation requests, upon
motion received and filed.
Amendment to Collective
Bargaining Agreement with
Professional Firefighter's
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 con-
fined space rescue service
of $500 per year for each
facility with a confined
space rescue agreement 1
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/ a
Soil Erosion Issue:
Communication from
Werner Hellmer ianarding
the Asbury Plaza Drainogc:
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 appli-
cation to the State Historic
Preservation Office (SHPO)
for a Certified Local
Government (CLG) grant to
conduct Phase V of the
architectural/ historic sur-
vey 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) pro-
gram funding to conduct
Phase V of the architectur-
al/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 appli-
cation to the State Historic
Preservation Office (SHPO)-
for a Certified Local
Government (CLG) grant to
conduct an historic preser-
vation symposium, upon
motion received and filed.
Buol moved adoption of.
Resolution No. 300-03
Approving the submission.
of an application for
Certified Locak
Government (CLG) pro-
gram funding to conduct
an historic preservation
symposium. Seconded by
Markham. Motion carried
7-0.
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 t.
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 t
Mandolin Inn. Seconded
by Markham. Motion car-
ried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Port of Dubuque Parking
Lot Renovation and
Resurfacing Project -
Initiate: City Manager rec-
ommending initiation of the
public bidding process for
the Port of Dubuque
Parking Lot Renovation
and Resurfacing Project
and setting a public hear-
ing for October 6, 2003,.
upon motion received and
filed. Cline moved adop-
tion 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
r.,, inn Prni0nt and
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 rec-
ommending settlement of
the claim of Gerald
Brimeyer for vehicle dam-
age and of Ronald
Huntington for vehicle
damage and directing the
Finance Director to issue
payment, upon motion
received and filed and con-
curred.
City of Asbury - Voluntary
Annexation Request
Notice: Notification from
the City of Asbury that a
public hearing will be con-
ducted 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 Dubuque and the
Dubuque Professional
Firefighter's Association,
Local #353, upon motion
received and filed and
approved recommenda-
s tion.
Brewery Rehabilitation
Project: City Manager rec-
ommending approval of a
resubmittal of combined
notice of finding of no sig-
nificant impact on the envi-
ronment 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 sub-
mitting a voluntary annexa-
tion agreement received
from Marilyn Blake, upon
'notion received and filed.
Fiscal Year 2004 Annual
Action Plan - Amendment
#1: City Manager recom.
mending approval of an
amendment to the City's
Fiscal Year 2004 Annual
Community Center; Class
B (Wine) Permit to Family
Mart; and Class "B" Native
Wine Permit to The y
Mandolin Inn. Seconded
by Markham. Motion car-
ried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
Port of Dubuque Parking
Lot Renovation and
Resurfacing Project -
Initiate: City Manager rec-
ommending initiation of then
public bidding process for
the Port of Dubuque
Parking Lot Renovation
and Resurfacing Project.
and setting a public hear-
ing for October 6, 2003,.
upon motion received and
filed. Cline moved adop-
tion 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 k
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 pro- t
ject, 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 pre-
scribed by law and
Resolution No. 310-03
Ordering bids. Seconded
by Nicholson. Motion car-
ried 7-0.
BOARDS/COMMISSIONS
Applicants are invited too
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 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 pub-
lication on notice of hear-
ing 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 bud-
get for the Fiscal Year end-
ing 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 pur-
chase 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 recommenda-
tion.
Don Schad! 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 prac-
tical, 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 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 Connors.
Motion carried 7-0.
Purchase of Service
Agreements: City Manager
recommending approval of
Purchase of Service agree-
ments 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 recommenda-
tion.
GHQ 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 dis-
cussed the necessity of
bringing some conclusion
to this continuing rezoning
dilemma. Upon motion it
we; 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 Road
Development, upon motion
received and filed the com-
munication 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 dele-
gate for the NLC Annual
Business Meeting, upon
motion received and filed
and resolved that Council
Member Nicholson be des-
ignated as the voting dele-
gate, with no alternate
named.
Iowa League of Cities:
Communication from Alan
Kemp, Iowa League of
Cities, advising that the ini-
tial 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
this item be brought that t s to
back to the table for
Council discussion. Upon
motion this item was
removed from the table.
City Manager recom-
mending award of the
Police Department Towing
Contract to both Wenzel
Towing and Burt Steve and
Sons Garage.
Marie Steve spoke object-
ing to the process for this
contract.
Jules Wenzel spoke stat-
ing 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 com-
munications, 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 8upon P.M. u on 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
it 9/10
this //l day o
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: September 10, 2003, and for which the charge is $152.52.
V �
"e-5
Subscribed to before me, a otary Public in and for Dubuque County, Iowa,
,20.
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005