Proof Council Min 1 7 027
~WF '
support of
, There belng
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
TAMMY M. FELDMANN
I, 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
, 20 ~c~ , and for which the charge is
tSh~sbSC/ri~o dbeaf~ orefm~lic in and fo2?u~e Couuty, Iowa,
Notary PUblic in an~for Dubuque County, Iowa
CITY 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 ses-
sion 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 Fried!.
City Clerk Jeanne F.
Schneider swore in Mayor
Terrance M. Duggan, Mayor
Notice of Ulaims/UIZS: JOe
Chapman in estimated amount
of $15 for property damage;
Richard J. Hartig in estimated
amount of $1,061.41 for prop-
erty 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 proper-
ty 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 con-
curred.
Corporation Counsel recom-
mending denial of the claim of
Robert Wild for property dam-
age, upon motion received
and filed and concurred.
Civil Service Commission:
Civil Service Commission sub-
mitting 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 submit-
ting 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 rat-
ing of acceptable, upon
motion received and filed.
Interstate Power Loan
Extension: City Manager rec-
ommending 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 ser-
vices related to the administra-
tion 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
adoptedthe 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, submit-
ting rates for the landfill begin-
ning July 1, 2002, upon motion
received and filed.
Loras College - Request t.
Purchase Property:
rerrnu u.r UUUUI.J Y ncuyi
Center and H 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; Bit 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.
Main Street Opening from 5th
to 9th - 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 specifi-
cations, and notice to bidders
on the receipt of bids, and City
Manager recommending
award of the contract for the
opening of Main Street from
5th Street to 9th Street to
Portzen Construction, Inc., in
the amount of $1,864,870.39;,-
Communication from Thomas
G. Bond, Dubuque TV Limited
Partnership, expressing oppo-
sition to the proposed assess-
ment to his property at 744
Main Street; Communication
from Michael J. Kielty, Banner
Investments, in opposition to
the proposed street assess-
ment 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 Street Reconstruction
Project - 5th to 9th 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
Resolution of Necessity pro-
posed for the Main Street
Reconstruction Project, 5th to
9th Streets. Seconded by
Michalski. Carried by the folA
lowing 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 fol-
lowing 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
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.
There being no further busi-
ness, upon motion meeting
adjourned at 7:28 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 1/16
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERRTIFICATION OF PUBLICATION
I, 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 Jan (lacy %7
1
, 20 C)- , and for which the charge is $ /05, 9h
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /66t day of 20
Notary in and for Dubuque County, Iowa
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005
UE, IOWA
EEDINGS
L
Regular
2002
n Regular
'.M. in the
r Duggan,
Buol, Cline, .
, Michalski,
Manager
Milligen,
isel Barry
gad the call
'egular ses-
uncil called
toting upon
,hich may_
re the City
given' by
Jeanne F.
in Mayor
n, 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 prop-
erty 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 proper-
ty 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 con-
curred.
Corporation Counsel recom-
mending denial of the claim of
Robert Wild for property dam-
age, upon motion received
and filed and concurred.
Civil Service Commission:
Civil Service Commission sub-
mitting 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 submit-
ting 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 rat-
ing of acceptable, upon
motion received and filed.
Interstate Power Loan
Extension: City Manager rec-
ommending 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 ser-
vices related to the administra-
tion 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, submit-
ting rates for the landfill.begin-
ning July 1, 2002, upon motion
received and filed.
Loras College - Request t•
Purchase Property:
Communication from Stephen
J. Schmall, Loras College,
requesting to purchase a por-
tion 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 state-
ments, upon motion received
and filed.
Liquor License Refund: MM
and H Corporation requesting
a refund of their Class C Liquor
Licenses 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 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.
Main Street Opening from 5th
to 9th - 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 specifi-
cations, and notice to bidders
on the receipt of bids, and City
Manager recommending
award of the contract for the
opening of Main Street from
5th Street to 9th Street to
Portzen Construction, Inc., in
the amount of $1,864,870.39;.-
Communication from Thomas
G. Bond, Dubuque TV Limited
Partnership, expressing oppo-
sition to the proposed assess-
ment to his property at 744
Main Street; Communication
from Michael J. Kielty, Banner
Investments, in opposition to
the proposed street assess-
ment 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 Street Reconstruction
Project - 5th to 9th 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
Resolution of Necessity pro-
posed for the Main Street
Reconstruction Project, 5th to
9th Streets. Seconded by
Michalski. Carried by the fold
lowing 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 fol-
lowing 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 applica-
tion to the Iowa Finance
Authority for housing tax cred-
its for a new construction fam-
ily apartment complex to be
known as Raven Hill
Apartments; and a Resolution
of Support for the develop-
ment of a rental housing pro-
ject 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 i
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 adoptiop 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.
There being no further busi-
ness, upon motion meeting
adjourned at 7:28 P.M.
/s/ Jeanne F. Schneider
City Clerk
it 1/16 U
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, 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 .c /7 t.CtT c/ )&)
, 20 Or). , and for which the charge is $
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /6Z day of 20 4
y Dubuque County, Iowa
Notar P blic in and for
MANY K. WE8'ENMEYER�
Commission Number 154885
My Comm. Exp. FEB. 1, 2005