1 03 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 3, 2005
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Duggan, Markham,
Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl
Mayor Duggan read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the Council.
Invocation was given by Sister Lynn Wagner, Director of the Dubuque Food Pantry.
Proclamation:
Hickson.
Martin Luther King, Jr. Days (January 16 and 17, 2005) received by Bill
A Moment of Silence was held for the victims of the recent tsunami tragedy.
CONSENT ITEMS
Minutes and Reports Submitted: City Council of 12/20; Housing Commission of 11/23; Library
Board of 11/18; Plumbing Board of 12/15, upon motion received and filed.
Proof of publication on List of Claims and Summary of Revenues for month ending November
30, 2004 and City Council Proceedings for December 6 and 13, 2004, upon motion received
and filed.
Library Board of Trustees Update from Meeting of December 16, 2004, upon motion received
and filed.
Notice of Claims/Suits: Area Residential Care for property damage; Lori Burrows for personal
injury; Patricia Morrison for personal injury; Nicole Pollard for vehicle damage; Donald Small for
property damage; Eric Wilson for vehicle damage, upon motion received and filed and referred
to Legal for investigation.
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: Donald Small for
property damage, upon motion received and filed and concurred.
Citizen Communications: Communication from Chris and Tim Olson, 1090 Grove Terrace, in
support of the proposed amendment to add sexual orientation to the City's nondiscrimination
code, upon motion received and filed.
Communication from Brad Smith, Cambridge TEMPositions, in opposition to the proposed
amendment to add sexual orientation to the City's nondiscrimination code, upon motion received
and filed.
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation advising that IDOT proposes to let bridge washing projects for the Julien
Dubuque Brid~e and City Island Bridge over the Mississippi River, and the Peosta Channel
Bridge over 16 h Street and Kerper Boulevard, upon motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising that the City's HOME Investment Partnership program contract
has been amended by extending the funding agreement expiration date as requested by the
City, upon motion received and filed.
Four Mounds Foundation: City Manager recommending approval of the request of the Four
Mounds Foundation for support of a grant application to the State Historical Society for
restoration of the Porte Cochere at the historic Grey House, upon motion received and filed and
approved recommendation.
School Resource Officer Agreement with Dubuque Community Schools: City Manager
recommending approval of an agreement between the Police Department and the Dubuque
Community School System regarding the duties and responsibilities of the Dubuque Police
School Resource Officers, upon motion received and filed and approved.
Dubuque Racing Association: City Manager recommending approval of the Dubuque Racing
Association's increased loan amount from $22,000,000 to $25,000,000 to meet the projected
needs of the casino expansion project and related equipment purchases, upon motion received
and filed and approved recommendation.
Fengler Street Bridge Improvement Project: City Manager recommending approval of the
Fengler Street Bridge Improvement Project as completed by Taylor Construction, Inc. in the final
contract amount of $1,147,078.75, upon motion received and filed. Buol moved adoption of
Resolution No. 1-05 Accepting improvement and Resolution No. 2-05 Approving final contract
amount. Seconded by Cline. Motion carried 7-0.
Iowa Mutual Aid Compact (IMAC): City Manager recommending approval of an Iowa Mutual
Aid Compact (IMAC) which is a formal agreement between governmental bodies to share
resources in times of man-made and natural disasters, upon motion received and filed. Buol
moved adoption of Resolution No. 3-05 Adopting the Iowa Mutual Aid Compact (Iowa Code
§29C.22). Seconded by Cline. Motion carried 7-0.
NOAA Weather Radio Grant: City Manager recommending approval of a certification letter
which will allow the City to continue with a distribution plan of NOAA weather radios received
through a federal grant that meets the needs of the community, upon motion received and filed
and approved recommendation.
Stealth Race Car Property: City Manager recommending establishment of the fair market
value of the Terrance J. and Linda Weidemann (Stealth Race Cars) property in the Port of
Dubuque at the appraised value of $221,000, upon motion received and filed. Buol moved
adoption of Resolution No. 4-05 Establishing the fair market value of certain real property owned
by Terrance J. and Linda Weidemann in the City of Dubuque, Iowa. Seconded by Cline. Motion
carried 7-0.
RISE Agreement - Bergfeld Farm/Chavenelle Road Extension Project: City Manager
recommending approval of a Project Agreement with the Iowa Department of Transportation for
a RISE Project in the amount of $1,258,574, or 50% of total RISE eligible project costs,
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whichever is less, for the Chavenelle Road Connection project, upon motion received and filed.
Buol moved adoption of Resolution No. 5-05 Approving an agreement for RISE project funding
with the Iowa Department of Transportation relating to the connection of Chavenelle Road
through the Dubuque Industrial Center West 3rd Addition. Seconded by Cline. Motion carried 7-
O.
Hazardous Materials Response 28E Agreement: City Manager recommending approval of a
28E Agreement with Dubuque County for hazardous materials response, upon motion received
and filed and approved recommendation.
Revised Federal Legislative Priorities: City Manager recommending approval of amended City
of Dubuque Priorities for Federal Appropriations, upon motion received and filed and approved
recommendation.
Dubuque County Board of Supervisors: Communication from the Dubuque County Board of
Supervisors advising that they are in agreement to provide $34,030 to complete the Preliminary
Engineering Design Phase for Iowa Highway 32 (Southwest Arterial), upon motion received and
filed and approved recommendation.
Scenic Byways Grant Application: City Manager recommending approval of a request from the
Dubuque County Historical Society that the City of Dubuque serve as the lead applicant for a
Scenic Byways Grant Application, upon motion received and filed and approved
recommendation.
Mississippi Riverwalk Electrical Service: City Manager recommending approval of the
installation of an additional 100-amp electrical service on the Mississippi Riverwalk to
accommodate large-scale events, upon motion received and filed and approved
recommendation.
Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a
Stipulation of Settlement of a tax assessment appeal by Gerald J. Lazore and Kelly R. Lazore,
upon motion received and filed and approved recommendation.
Business License Refund: Jymie M. Lyons requesting a refund of a portion of his Liquor Class
C permit in the amount of $633.75, upon motion received and filed and approved refund.
Business Licenses: Buol moved adoption of Resolution No. 6-05 Granting the issuance of two
new permits to sell cigarettes and cigarette papers within the City; Resolution No. 7-05 Granting
the issuance of a Class "C" Beer Permit to Iowa Potato and Produce House and Resolution No.
8-05 Granting the issuance of a Class "C" Beer/Liquor License to Breezers Pub and the Ryan
House; and a Class "B" Wine Permit to Dubuque Religious Center. Seconded by Cline. Motion
carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Five Flags Center HVAC Project: City Manager recommending initiation of the public bidding
process for Phase I of the Five Flags Center HVAC System Replacement Project and that a
public hearing on the plans and specifications be set for February 7, 2005, upon motion
received and filed. Cline moved adoption of Resolution No. 9-05 Approving preliminary plans
and specifications; Resolution No.1 0-05 Setting date of hearing on plans and specifications for
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2/7/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City
Clerk to publish notice in the manner prescribed by law and Resolution No. 11-05 Ordering
bids. Seconded by Nicholson. Motion carried 7-0.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Greater Dubuque Development
Corporation, to provide a verbal report regarding the activities of GDDC, upon motion received
and filed. Rick Dickinson spoke and gave a comprehensive verbal report stressing the positive
aspects of Dubuque's growth and development and the strong partnership between the Greater
Dubuque Development Corporation and the City of Dubuque.
Dubuque County Conservation Board: Communication from the Dubuque County
Conservation Board requesting that the City designate the Heritage Trail pedestrian/bicycle
bridge over Highway 52/3 as a priority project for the Dubuque Metropolitan Area Transportation
System, upon motion received and filed and approved.
Westbrook Subdivision - Parking Restrictions: City Manager recommending approval of an
ordinance limiting parking on the streets in the Westbrook Subdivision pursuant to a June 29,
2004 agreement between the City and Callahan Construction, Inc., upon motion received and
filed. Ordinance No. 1-05 Amending Section 32-262(d) of the Code of Ordinances of the City of
Dubuque, Iowa prohibiting parking on designated streets or portions thereof by adding portions
of North Westbrook Drive, South Westbrook Drive, Trails Edge Drive and Pebble Creek Drive,
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 Nicholson. Motion carried 7-0.
2003 International Fire Code: City Manager recommending approval of the adoption of the
2003 International Fire Code, upon motion received and filed. Ordinance No. 2-05 Amending
the City of Dubuque Code of Ordinances by repealing Chapter 19 Fire Prevention and
Protection and adopting a new Chapter 19 Fire Department in lieu thereof, 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
Cline. Motion carried 7-0.
Grand Excursion II: City Manager recommending approval of a request from the America's
River Corporation to provide $10,000 to help fund Grand Excursion II to be held in May, 2005,
upon motion received and filed and approved recommendation, contingent on the event being
held. Steward Sandstrom, President of the Chamber of Commerce, spoke clarifying the request.
City Council Appointments: Communication from Operation: New View requesting appointment
of the City's designees to their Board for calendar year 2005 (currently Council Members Joyce
Connors and Patricia Cline and a designee of the City Manager); communication from the
Dubuque Racing Association Board of Directors requesting appointment of representatives to
the DRA Board of Directors for 2005 (currently Mayor Terrance M. Duggan, Council Members
Roy Buol and John Markham, and City Manager Michael C. Van Milligen), and Mayor and City
Council appointments to various Boards and Commissions, presented and read.
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Michalski moved that Cline and Connors be reappointed to the Operation: New View Board
and City Manager Michael Van Milligen stated his designee would be Janet Walker, of the
Housing and Community Development Department. Seconded by Nicholson. Motion carried 7-
O.
Nicholson moved that the current delegates to the Dubuque Racing Association (DRA) Board
of Directors remain the same - Mayor Duggan, Council Members Buol, Markham and City
Manager Van Milligen. Seconded by Michalski. Motion carried 7-0.
Markham moved that Michalski be appointed to the Four Mounds Board. Seconded by
Connors. Motion carried 7-0.
Michalski moved that Connors be reappointed to the Convention and Visitors Board with
Mayor Duggan as the alternate. Seconded by Markham. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski complimented the Police Department on their compassionate handling of a wellness
check of an elderly neighbor.
Connors stated that the year 2005 is the year of Foreign Languages and encouraged people to
learn what important steps the City has taken in this regard. Duggan shared the importance of
his daughter's Spanish education at Holy Family School.
At 7:10 P.M. there being no further business, upon motion meeting adjourned.
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l/:i~anne F. Schneider, CMC
City Clerk
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