1 17 05 Minutes this meeting
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, January 17, 2005
Council met in Special Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this is a special 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 Council Member Michalski.
CONSENT ITEMS
Minutes and Reports Submitted: Building Code Board of Appeals of 1/6; City Council of 1/3;
Community Development Advisory Commission of 12/8; Housing Commission of 12/21; Zoning
Board of Adjustment of 12/16, upon motion received and filed.
Printed Council Proceedings for month of November, 2004, upon motion received and filed and
approved as printed.
Proof of publication of City Council Proceedings of December 20, 2004, upon motion received
and filed.
Finance Director submitting the City of Dubuque Financial Reports for the month ending
December 31,2004 (On file in the City Clerk's Office), upon motion received and filed.
Notice of Claims/Suits: Carol Kaune for vehicle damage, upon motion received and filed and
referred to Legal for investigation.
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: Lori Burrows for personal
injury; Carol Kaune for vehicle damage; Nicole Pollard for vehicle damage; Paula Travis for
property damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Jim Bauerly for property damage
and Area Residential Care Facility for property damage and directing the Finance Department to
issue payment, upon motion received and filed and directed Finance Department to issue proper
payment.
Sexual Orientation:
Communication from Reverend Nancy N. Bickel, Reverend Jerry E. Oakland and Reverend
Gwen Sayler submitting a petition in support of the proposal of the Human Rights Commission
regarding sexual orientation, upon motion received and filed.
Communication from Helen Johnston, 3460 Starlite Drive, in support of including sexual
orientation in Dubuque's nondiscrimination policy, upon motion received and filed.
Communication from Daniel and Marlene Apel, 4485 Dodge Street, in support of adding sexual
orientation to the City's civil rights ordinance, upon motion received and filed.
Communication from Billie Greenwood, 345 West Locust Street, in support of the Human Rights
Commission recommendation for the inclusion of sexual orientation as a protected class in the
City of Dubuque, upon motion received and filed.
Communication from Steve Heer, 1514 Auburn Street, in support of the proposal by the Human
Rights Commission to add sexual orientation to the current City ordinance forbidding
discrimination, upon motion received and filed.
Dubuque Metropolitan Area Solid Waste Agency: Mary Ann Specht, Agency Secretary,
submitting the Fiscal year 2006 budget and fee schedule for the Dubuque Metropolitan Area Solid
Waste Agency, upon motion received and filed.
Collective Bargaining Agreement between the City of Dubuque and the Teamsters Local Union
No. 421: City Manager recommending approval of the collective bargaining agreement between
the City of Dubuque and the Teamsters Local Union No. 421, upon motion received and filed.
Buol moved adoption of Resolution No. 12-05 Approving the agreement between the City of
Dubuque, Iowa and the Teamsters Local Union No. 421 and authorizing the Mayor to sign the
agreement. Seconded by Markham. Motion carried 7-0.
U.S. Department of Housing and Urban Development: Communication from the U.S. Department
of Housing and Urban Development advising that the City's appropriation for Fiscal Year 2005 is
$1,398,731, upon motion received and filed.
Samuel Street Concrete Section Repair and Overlay Project: City Manager recommending
acceptance of the Samuel Street Concrete Section Repair and Overlay Project as completed by
River City Paving, a Division of Mathy Construction, in the final contract amount of $188,775.07,
upon motion received and filed. Buol moved adoption of Resolution No. 13-05 Accepting
improvement and Resolution No. 14-05 Approving final contract amount. Seconded by Markham.
Motion carried 7-0.
Shot Tower Grant Administration: City Manager recommending approval of a proposal from East
Central Intergovernmental Association (ECIA) for $15,000 to assist the City with administration of
two grants received to stabilize and rehabilitate the Shot Tower, upon motion received and filed
and approved.
Shot Tower Archeological Survey: City Manager recommending approval of the submission of a
$15,500 Historic Resources Development Program (HRDP) grant application for the Shot Tower
Archeological Survey, upon motion received and filed. Buol moved adoption of Resolution No. 15-
05 Authorizing a grant application to the Historic Resource Development Program for the Shot
Tower Archeological Survey. Seconded by Markham. Motion carried 7-0.
Enterprise Zone Legislation: City Manager recommending approval of a letter of support for
proposed changes to current Enterprise Zone legislation, upon motion received and filed and
approved recommendation.
Purchase of Property at 715 West 32nd Street: City Mana~er recommending approval of the
purchase of a residential dwelling located at 715 West 32n Street, as part of the acquisition
program associated with expansion of the West 32nd Street detention basin, upon motion received
and filed. Buol moved adoption of Resolution No. 16-05 Approving the acquisition of real estate
located at 715 West 32nd Street, in the City of Dubuque. Seconded by Markham. Motion carried
7-0.
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Dubuque Community School District: Notice in the matter of the condemnation of certain rights
in land by the Dubuque Community School District for the counties of Dubuque and Jackson (a/kla
Dubuque Community School District) for purposes of acquiring land to construct a new school,
upon motion received and filed.
United States Environmental Protection Agency: Communication from the United States
Environmental Protection Agency providing an update on the Peoples Natural Gas Superfund Site
in the City of Dubuque, upon motion received and filed and referred to the City Manager.
Business Licenses: Buol moved adoption of Resolution No. 17-05 Granting the issuance of one
new permit to sell cigarettes and cigarette papers to Bootlegger's Pub; Resolution No. 18-05
Granting the issuance of a Class "B" Beer Permit to UAW Local #94 and Class "C" Beer Permit to
Awn Stop Mart, Inc. and Resolution No. 19-05 Granting the issuance of a Class "C" Beer/Liquor
License to The Lounge. Seconded by Markham. Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
Historic Preservation Revolving Loan Fund: City Manager recommending that a public hearing
be set for February 7, 2004 to consider ratifying prior action taken on the proposed issuance of a
$200,000 General Obligation Capital Loan Note, upon motion received and filed. Cline moved
adoption of Resolution No. 20-05 Directing republication of notice of hearing on the proposition of
the issuance of a $200,000 General Obligation Capital Loan Note of Dubuque, Iowa, with public
hearing set for 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. Seconded by Connors.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited tp address the Council regarding their desire to serve on the following
Boards/Commissions:
Historic Preservation Commission (One unexpired three-year term through 7/1/05 - Old Main
District) Applicant: Mirdza E. Berzins Ms. Berzins spoke requesting consideration for
appointment.
TV Cable Regulatory Commission (One unexpired three-year term through 6/30/06 - term of
Ellis; two unexpired three-year terms - term of Pratt and one vacant) Applicant: Charlie Ellis
No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Harvest View Park Development Project: Proof of publication on notice of hearing on plans and
specifications and notice to bidders for the Harvest View Park Development Project and City
Manager recommending award of the contract to Klauer Construction Company in the amount of
$94,800, upon motion received and filed. Markham moved adoption of Resolution No. 21-05
Adopting plans and specifications and Resolution No. 22-05 Awarding contract. Seconded by
Cline. Motion carried 7-0.
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2004 Sanitary Sewer Lining Project: Proof of publication on notice of hearing on plans and
specifications and notice to bidders for the 2004 Sanitary Sewer Lining Project and City Manager
recommending award of the contract to Visu-Sewer Clean & Seal Co., in the amount of
$81,329.16, upon motion received and filed. Cline moved adoption of Resolution No. 23-05
Adopting plans and specifications and Resolution No. 24-05 Awarding contract. Seconded by
Nicholson. Motion carried 7-0.
US 20 Sanitary Sewer Extension Project: Proof of publication on notice of hearing on plans and
specifications and notice to bidders for the US 20 Sanitary Sewer Extension Project and City
Manager recommending award of the contract to Top Grade Excavating, Inc., in the amount of
$382,102.05, upon motion received and filed. Buol moved adoption of Resolution No. 25-05
With respect to the adoption of the Resolution of Necessity proposed for the US Highway 20
Sanitary Sewer Extension Project; Resolution No. 26-05 Adopting plans and specifications and
Resolution No. 27-05 Awarding contract. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Request for Renewal Proposal (RFRP) - Mediacom: City Manager recommending approval of
the issuance of a Request for Renewal Proposal with supporting documents to Mediacom and
authorization for continuation of informal renewal negotiations, upon motion received and filed.
Cline moved adoption of Resolution No. 28-05 Approving the issuance of a Request for Renewal
Proposal for a Cable Television Franchise with MCClowa, L.L.C. Seconded by Connors. Motion
carried 7-0.
Washington Street Neighborhood Revitalization Strategy: City Manager recommending approval
of a targeted revitalization strategy to positively impact the Washington Street Neighborhood, upon
motion received and filed and approved recommendation.
Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year
2004 Comprehensive Financial Report (CAFR), Parking Facîlities Financial Statements,
Management Letter and City Responses to the Management Letter, upon motion received and
filed and congratulated staff.
Request for Proposals - Transient Boat Docks Feasibility Study: City Manager recommending
approval of the issuance of a Request for Proposals (RFP) for a Transient Boat Docks Feasibility
Study at the Port of Dubuque which is necessary for the City to compete in the Federal Boating
Infrastructure Grant Program, upon motion received and filed and approved recommendation.
Iowa League of Cities Conference: Communication to the Iowa League of Cities extending an
offer to host the Iowa League of Cities Conference in September 2009 and advising that Public
Information Officer Randy Gehl will serve as the City's representative along with an appointed City
Council representative, upon motion received and filed and appointed Council Member Nicholson
as the Council representative.
Fiscal Year 2006 Operating Budget and Capital Improvement Program: City Manager submitting
the Fiscal Year 2006 Operating Budget and Capital Improvement Program, upon motion received
and filed.
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COUNCIL MEMBER REPORTS
Michalski commended Faces and Voices and the activities for the Martin Luther King, Jr.
memorial celebration.
PUBLIC INPUT
Kathy McMullen, General Manager of Mediacom, Dubuque, spoke stating they are committed to
the franchise renewal and reviewed the accomplishments and enhancements of their system.
At 7:49 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation -
Chapter 21.5(1 )(c) 2003 Code of Iowa.
At 7:58 P.M. Council reconvened Regular Special Session stating staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:59 P.M.
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Jeanne F. Schneider, CMC
City Clerk
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