7 6 04 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Tuesday, July 6, 2004
Council met at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl
Absent: City Manager Van Milligen
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 Reverend Jerry E. Oakland, Pastor of S1. Luke's United Methodist
Church
Proclamations: Apples for Students (June and July, 2004) received by Sister Inez Turnmeyer;
Grand Excursion 2004 received by Sue Czeshinski.
CONSENT ITEMS
Minutes and Reports Submitted: Airport Commission of 6/9 and 6/21; Building Code Board of
Appeals of 6/28; Cable TV Teleprogramming Commission of 6/1; City Council of 6/21 and 6/29;
Civil Service Commission of 5/19; Community Development Advisory Commission of 6/9; Housing
Commission of 5/25, upon motion received and filed.
Carnegie Stout Public Library Update from Meeting of May 27,2004 and June 24, 2004, upon
motion received and filed.
Proofs of publication of City Council Proceedings of June 7, 2004 and List of Claims and
Summary of Revenues for month ending May 31,2004 (on file in City Clerk's Office), upon motion
received and filed.
Notice of Claims/Suits: Arlene Bovee for vehicle damage; Craig Christ vs. City of Dubuque for
property damage; James Fuerstenberg for personal injury; Martha L. Mills for personal injury; Rick
D. Mueller for vehicle damage; Amanda Schaver for vehicle damage; Nancy Williams for personal
injury; Wells Fargo Bank vs. City of Dubuque, et ai, upon motion referred to the Legal Staff for
investigation and report.
Corporation Counsel advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Arlene Bovee for vehicle
damage; Timothy G. Clark for personal injury; James Fuerstenberg for personal injury; Martha L.
Mills for personal injury; Amanda Schaver for vehicle damage; Nancy L. Williams for personal
injury, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Dale Hefel for property damage
and directing the Finance Department to issue payment, upon motion received and filed and
concurred and Finance Department to issue the proper check.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development congratulating the City on the successful completion of the Community
Economic Betterment Account (CEBA) Project with Trilog, Inc., upon motion received and filed.
Iowa Department of Public Health Childhood Lead Poisoning Funding and Agreement with the
Visiting Nurse Association: City Manager recommending approval of a contract with Dubuque
County Board of 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 CLPPP, upon motion received and filed. Buol moved adoption of Resolution No.
268-04 Authorizing the City Manager or his designee to sign a contract with the Dubuque County
Board of Health and an agreement with the Dubuque Visiting Nurse Association. Seconded by
Nicholson. Motion carried 7-0.
Interagency Agreement Between the City of Dubuque and the Dubuque County Board of Health
for Inspection of Pools and Spas in Dubuque County: City Manager recommending approval of an
Interagency Agreement with the Dubuque County Board of Health for the inspection and
enforcement of swimming pools and spas, upon motion received and filed and approved
agreement.
Iowa Department of Transportation Agreement: City Manager recommending approval of an
agreement with the Iowa Department of Transportation for the preliminary design of Iowa Highway
32 (Southwest Arterial), upon motion received and filed. Buol moved adoption of Resolution No.
269-04 Approving the Iowa Department of Transportation Agreement for the preliminary design of
Iowa Highway 32 (Southwest Arterial). Seconded by Nicholson. Motion carried 7-0.
Collective Bargaining Agreement with the International Union of Operating Engineers: City
Manager recommending approval of a three-year agreement with the International Union of
Operating Engineers, Local #758, upon motion received and filed. Buol moved adoption of
Resolution No. 270-04 Approving agreement between the City of Dubuque, Iowa, and the
International Union of Operating Engineers, Local #758, and authorizing the Mayor to sign the
agreement. Seconded by Nicholson. Motion carried 7-0.
Service Agreement with TRICOR Safety Consulting: City Manager recommending approval of an
agreement with TRICOR Safety Consulting Services to provide hazardous communication training
and to develop an emergency action plan for the Operations and Maintenance Department, upon
motion received and filed and approved agreement.
Letter of Understanding - Dubuque Professional Firefighter's Association: City Manager
recommending approval of a Letter of Understanding with the Firefighter's Association to provide
payroll deduction services for the FIREPAC Check-Off Program, upon motion received and filed
and approved recommendation.
City Manager Employment Agreement: Submittal of the Thirteenth Amendment to the City
Manager's Employment Agreement for approval, upon motion received and filed and approved
recommendation.
Civil Service Commission: Civil Service Commission submitting the certified list for the position of
Police Officer, upon motion received and filed and made a matter of record.
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Community Development Block Grant (CDBG) Agreement: City Manager recommending
approval of a Community Development Block Grant (CDBG) Agreement with the U.S. Department
of Housing and Urban Development (HUD) in the amount of $1,481,000 for the program year
beginning July 1, 2004 and ending June 30, 2005, upon motion received and filed. Buol moved
adoption of Resolution No. 271-04 Authorizing execution of a Community Development Block
Grant Agreement with the U.S. Department of Housing and Urban Development. Seconded by
Nicholson. Motion carried 7-0.
Hy-Vee: Communication from Hy-Vee requesting to purchase a portion of Railroad Avenue
between Harrison Street and West Locust Street, upon motion received and filed and referred to
the City Manager.
Business License Transfer: Request of the Dubuque County Historical Society to transfer their
liquor license to the Taste of Dubuque site on August 4, 2004, upon motion received and filed and
approved request.
Business Licenses: Buol moved adoption of Resolution No. 272-04 Granting the issuance of two
renewal cigarette licenses to Jym's Bar and the Midway Hotel/Hoffman House; Resolution No.
273-04 Granting the issuance of a Class "B" Beer (5-Day Special Event) to Dubuque Jaycees
(Tents A, B and C); Class "C" Beer Permit to Cedar Cross Amoco; and Resolution No. 274-04
Granting the issuance of a Class "C" Beer/Liquor License to Toreros, Knicker's Saloon, Walnut
Tap, Fischer Lanes, Diamond Jo Casino Portside, and The Clubhouse; Class "B" Native Wine
Permit to Basket Expressions; and Class "E" Liquor License to Hy-Vee #1 and #2. 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:
Five Flags Civic Center Commission (One three-year unexpired term which will expire 6/29/06;
Three three-year terms which will expire 6/29/07 - terms of Nauman, Bakke, Brannon)
Applicants: Rod Bakke, Michael P. Brannon Rod Bakke spoke requesting consideration for
reappointment.
Appointments to the following Commissions:
Historic Preservation Commission (Two three-year terms which will expire 7/1/07 [Jackson Park
District - term of Bichell and West 11th District - Term of Whalen]; One unexpired three year term
through 7/1/05) Applicants: David Stuart for Jackson Park, Timothy Goen and John Whalen for
West 11th Street. Upon vote John Whalen reappointed to represent the W. 11th St. District and
upon motion David Stuart appointed to represent the Jackson Park District for terms that will expire
7/1/07.
Investment Oversight Commission (Two three-year terms which will expire 7/1/07) Applicants:
Stephen Reisdorf; Gary Ruden Upon motion Stephen Reisdorf and Gary Ruden reappointed to
three year terms that will expire 7/1/07.
Zoning Advisory Commission (Two three-year terms which will expire 7/1/07) Applicants:
Eugene Bird, Jeff Stiles Upon motion Eugene Bird and Jeff Stiles reappointed to three year terms
that will expire 7/1/07.
PUBLIC HEARINGS
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Upon motion the rules were suspended to allow anyone present to speak.
Blanche Avenue - Request to Vacate: Proof of publication on notice of hearing to consider a
request from John M. Lanser and Jean M. Mastin to vacate and purchase a portion of Blanche
Avenue from Vivian Avenue west 250 feet and City Manager recommending approval, upon
motion received and filed. Buol moved adoption of Resolution No. 275-04 Approving plat of
proposed vacated Blanche Avenue from Vivian Avenue west 250 feet. Seconded by Michalski.
Motion carried 7-0. Ordinance No. 46-04 Vacating Blanche Avenue from Vivian Avenue west 250
feet, 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 Michalski. Motion carried 7-0. Buol moved adoption of Resolution No.
276-04 Disposing of City Interest in Lot 136A of Maple Leaf Addition in the City of Dubuque,
Dubuque County, Iowa. Seconded by Michalski. Motion carried 7-0.
Lease Agreement - Dubuque Casino Hotel, LLC: Proof of publication on notice of hearing to
consider a lease agreement and parking use agreement between the City of Dubuque and
Dubuque Casino Hotel, LLC for the lease of property adjacent to Dubuque Greyhound Park and
Casino and City Manager recommending approval, upon motion received and filed.
Tom Luksetich, Dubuque Casino Hotel, LLC; Bob Pace, Central Group Development Company of
St. Cloud, MN; and Bruce Wentworth, Dubuque Greyhound Park and Casino, spoke in support of
the lease agreement and parking use agreement.
Michalski moved adoption of Resolution No. 277-04 Disposing of an interest in real property by
lease and parking use agreement with Dubuque Casino Hotel, L.L.C. Seconded by Markham.
Motion carried 6-0 with the Mayor abstaining.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Citizen Request: Request of John Osterhaus, 2530 Elm Street, to address the Council regarding
junk in the yard at 2524 Elm Street.
John Osterhaus distributed pictures of the residence at 2524 Elm Street.
Upon motion received and filed and directed that Mr. Osterhaus' pictures be forwarded to the City
Manager for review.
Citizen Communication: Communication from Tana Tigges, P.C.S., requesting to address the
Council regarding the City's ordinance on tattooing.
Tana Tigges, P.C.S., 3561 Key Corners, spoke requesting the City consider an allowance
regarding the ordinance pertaining to tattooing and that she be allowed to practice cosmetic
tattooing in the City.
Upon motion received and filed and referred to the City Manager.
Dubuque Main Street, Ltd.: Communication from Bob Felderman, President of Dubuque Main
Street, Ltd., requesting reappointment of Council Member Ann Michalski to the Main Street Board
of Directors, upon motion received and filed and reappointed Ann Michalski.
Fifth and Bell Street Signage: City Manager recommending approval of the installation of stop
signs for east and west traffic on Fifth Street and that Bell Street traffic be allowed to proceed
without any stop or yield signs, upon motion received and filed. An Ordinance Amending the
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Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214
thereof providing for the addition of stop signs on East Fifth Street; Ordinance Amending the Code
of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-214 thereof
providing for the deletion of stop signs at the intersection of East Fifth Street and Bell Street and
Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying
Subsection (b) of Section 32-216 thereof providing for the deletion of a yield sign at the intersection
of East Fifth Street and Bell Street, presented and read.
Michalski moved to table action on the Ordinances and direct staff to further review the issue.
Seconded by Nicholson. Motion failed due to the following vote: Yeas-Connors, Michalski,
Nicholson. Nays-Buol, Cline, Duggan, Markham.
Buol moved that the requirement that the proposed Ordinances be considered and voted on for
passage at two Council Meetings prior to the meeting at which they are to be finally passed be
suspended and further moved final consideration and passage of the Ordinances. Seconded by
Connors. Motion failed due to the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham.
Nays-Michalski, Nicholson.
Buol moved that this be considered the first reading of the Ordinances. Seconded by Cline.
Motion carried 6-1 .
COUNCIL MEMBER REPORTS
Nicholson offered sincere thanks for the great effort expended by all for the successful Grand
Excursion celebration.
Buol expressed appreciation to the individuals and organizations responsible for the fireworks on
July 3rd.
There being no further business, upon motion meeting adjourned at 7:21 P.M.
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City Clerk
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