Minutes Council 01 07 02CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, January 7, 2002
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.
Mayor Duggan read the call and stated this the regular session of the City Council called for
the purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Msgr. Francis Friedl.
City Clerk Jeanne F. Schneider swore in Mayor Terrance M. Duggan, Mayor Duggan swore
in Council Member At-Large Daniel E. Nicholson, Council Member First Ward John H.
Markham, and Council Member Third Ward Joyce E. Connors.
Mayor Duggan swore in Mayor Pro-Tem Ann E. Michalski.
Proclamation: Martin Luther King Day (January 20, 2002).
Rick Goodin, Airport Commission Chairperson Introduced Andrew Perry, Airport Manager.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 12/17; Cable TV Regulatory Commission of 12/12;
City Council of 12/17 and 12/27; Civil Service Commission of 12/12; Community Development
Advisory Commission of 12/6; Environmental Stewardship Advisory Commission of 12/17; Five
Flags Commission of 12/17; Housing Commission of 12/8; Long Range Planning Advisory
Commission of 12/19, upon motion received and filed.
Proof of publication of City Council Proceedings of 11/28, 12/3, 12/10; and 12/17, upon motion
received and filed.
Notice of Claims/Suits: Joe Chapman in estimated amount of $15 for property damage;
Richard J. Hartig in estimated amount of $1,061.41 for property damage; Joe A. Kubicek in
estimated amount of $115 for personal injury of Robert Kubicek; SISCO in estimated amount of
$361 for personal injury claim of Jody Bradley; Merle A. Viertel in estimated amount of $871.24
for property damage, upon motion 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: Merle A. Viertel for
property damage, upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Robert Wild for property damage,
upon motion received and filed and concurred.
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Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Public Safety Dispatcher, upon motion received and filed and made a matter of
record.
2001 GPRA Annual Products Report: City Manager submitting the 2001 Government
Performance and Results Act (GPRA) Annual Products Report which Certified Local
Governments submit to the National Parks Service to demonstrate to Congress the
accomplishments of programs funded by the Historic Preservation Fund, upon motion received
and filed.
Floodwall Inspection Report: City Manager forwarding the Floodwall Inspection Report from
the U.S. Army Corps of Engineers in which the City received the highest Corps rating of
acceptable, upon motion received and filed.
Interstate Power Loan Extension: City Manager recommending approval of an addendum to
the Urban Renewal Tax Increment Revenue Promissory Note and execution of the mortgage
extension with Alliant Energy (Interstate Power), upon motion received and filed and approved
recommendation.
Agreement Between the City of Dubuque and Delta Dental Plan of Iowa: City Manager
recommending approval of the Administrative Services and Financial Agreement between the
City of Dubuque and Delta Dental Plan of Iowa for services related to the administration of the
City’s dental plan – removed from Agenda.
Substance Abuse Policy: City Manager recommending adoption of a Substance Abuse Policy
for the City of Dubuque as required by the Federal Drug and Alcohol Testing Regulations, upon
motion received and filed and adopted the Policy.
Iowa Department of Natural Resources: Communication from the Iowa Department of Natural
Resources regarding municipal separate storm sewer permit requirements, upon motion
received and filed.
Dubuque Metropolitan Area Solid Waste Agency: Jan Hess, Secretary for the Dubuque
Metropolitan Area Solid Waste Agency, submitting rates for the landfill beginning July 1, 2002,
upon motion received and filed.
Loras College – Request to Purchase Property: Communication from Stephen J. Schmall,
Loras College, requesting to purchase a portion of two City-owned streets, upon motion
received and filed and referred to the City Manager.
Mediacom: Communication from Mediacom advising of a rate increase effective with
February 2002 billing statements, upon motion received and filed.
Liquor License Refund: MM and H Corporation requesting a refund of their Class C Liquor
License in the amount of $422.50, upon motion received and filed and approved refund.
Business Licenses: Buol moved adoption of Resolution No. 1-02 Granting issuance of a
license to sell Cigarettes and Cigarette Papers to Awn Stop Mart, Inc.; Resolution No. 2-02
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Granting issuance of a Class “B” Beer Permit to Godfather’s Pizza; Class “C” Beer Permit to
Kwik Stop Food Mart, Awn Stop Mart, and Hy-Vee #2; and Resolution No. 3-02 Granting
issuance of a Class “C” Beer/Liquor License to Breezers Pub, The Lounge, and A & B Tap;
Class “B” Wine Permit to Dubuque Religious Center and Hy-Vee #2. Seconded by Cline.
Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions:
Human Rights Commission (Three vacancies for terms through 1/1/05 – Blau, Determan, and
Sutton). Applicants: Sr. Corine Murray, PBVM; Lou Oswald; Bill Ross; Joseph Hopkins. No
one spoke.
Plumbing Board (Journeyman – Term of Papin to expire 11/2/03). Applicant: Paul Papin. No
one spoke.
ACTION ITEMS
Upon motion the following was removed from the table.
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Main Street Opening from 5 to 9 – Award of Contract (Tabled from December 17, 2001):
Communication from Mike Portzen advising that Portzen Construction, Inc. will honor their bid
proposal for the project through January 8, 2002; Public Works Director Mike Koch submitting
revised construction schedule; Proofs of publication on notice of hearing on plans and
specifications, and notice to bidders on the receipt of bids, and City Manager recommending
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award of the contract for the opening of Main Street from 5 Street to 9 Street to Portzen
Construction, Inc., in the amount of $1,864,870.39; Communication from Thomas G. Bond,
Dubuque TV Limited Partnership, expressing opposition to the proposed assessment to his
property at 744 Main Street; Communication from Michael J. Kielty, Banner Investments, in
opposition to the proposed street assessment for his property at 799 Main Street.;
Communication of David W. Leifker regarding Town Clock Plaza; Communication from
property owners (13) in support of re-opening Main Street and their proposed assessments,
upon motion received and filed.
Nicholson moved adoption of Resolution No. 4-02 Adopting plans and specifications for the
project and Resolution No. 5-02 Amending preliminary schedule of assessments for Main
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Street Reconstruction Project – 5 to 9 Streets. Seconded by Michalski. Carried by the
following vote: Yeas—Cline, Connors, Markham, Michalski, Nicholson, Buol. Nays—Duggan.
Nicholson moved adoption of Resolution No. 6-02 With respect to the adoption of the
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Resolution of Necessity proposed for the Main Street Reconstruction Project, 5 to 9 Streets.
Seconded by Michalski. Carried by the following vote: Yeas—Cline, Connors, Markham,
Michalski, Nicholson, Buol. Nays—Duggan.
Nicholson moved adoption of Resolution No. 7-02 Awarding contract to Portzen Construction,
Inc. in the amount of $1,864,870.39 and amended the Resolution to extend the completion date
for one month rather than three weeks. Seconded by Michalski. Carried by the following vote:
Yeas—Cline, Connors, Markham, Michalski, Nicholson, Buol. Nays—Duggan.
Affordable Housing Tax Credit Program Application – MWF Properties: Communication from
David T. Steele, Vice President of MWF Properties, requesting the City support their Affordable
Housing Tax Credit Program Application to the State of Iowa; City Manager providing
information regarding a request from MWF Properties for City support of an application to the
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Iowa Finance Authority for housing tax credits for a new construction family apartment complex
to be known as Raven Hill Apartments; and a Resolution of Support for the development of a
rental housing project to be known as Raven Hill Apartments, presented and read.
David Steele of MWF Properties, spoke in support of this project.
Discussion ensued about the speed of this project and that staff had no recommendation.
Nicholson moved to receive and file the documents and to refer the matter to Staff.
Seconded by Cline. Motion carried 7-0.
Memorandum of Understanding with Heartland Financial USA: City Manager recommending
approval of a Memorandum of Understanding between the City and Heartland Financial USA,
Inc. for an expansion project in downtown Dubuque, upon motion received and filed.
Lynn B. Fuller, President and CEO of Heartland Financial USA, Inc., spoke in support of the
Memorandum of Understanding.
Cline moved adoption of Resolution No. 8-02 Approving a Memorandum of Understanding
with Heartland Financial USA, Inc. for an expansion in downtown Dubuque. Seconded by
Michalski. Motion carried 7-0.
HOME Program Application: City Manager recommending approval of an application to the
Iowa Department of Economic Development for HOME Program funds for rehabilitation of
properties located near the “Five Points” intersection, upon motion received and filed and
approved recommendation.
City Council Appointments: Communications from the Dubuque Racing Association and
Operation: New View requesting appointment of the City’s designees to their respective Boards
for calendar year 2002, upon motion received and filed.
Dubuque Metropolitan Solid Waste Agency: Upon vote Nicholson appointed to that Board.
Operation: New View: Upon vote, Cline and Connors appointed to that Board.
Dubuque Racing Assn: Upon vote current members remain on that Board - currently Mayor
Duggan and Council Members Buol and Markham.
REAP Committee – Upon vote Connors appointed.
Airport Commission: Upon vote Markham reappointed to a one year term to expire 01/ 5/02.
There being no further business, upon motion meeting adjourned at 7:28 P.M.
/s/ Jeanne F. Schneider
City Clerk
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