Minutes - Council 4 2 01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, Monday, April 2, 2001
At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library
At 5:30 P.M. Council convened in the Special Session in the Public Library Auditorium
Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Markham, Michalski,
Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan.
Mayor Pro-Tern Markham read the call and stated this is a special session of the City Codncil
called for the purpose of discussing signage.
Sue Czeshinski of the Convention and Visitors Bureau spoke concerning downtown directional
signage.
Upon consensus the special meeting adjourned at 6:17 P.M.
/s/Jeanne F. Schneider
City Clerk
CITY COUNCIL
OFFICIAL
City Council, Regular Session, April 2, 2001
Council Met in Regular Session at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is 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 Murray Phillips, Director of the Dubuque Rescue Mission
PROCLAMATION: CASA Child Advocate Day (April 5, 2001) received by Cindy Juncker,
Coordinator of the Casa program.
Tammy Pfab and Cinda Welu of the Old House Enthusiasts gave a presentation and donated
funds for the Shot Tower Study.
CONSENTITEMS
Minutes Submitted: Airport Commission of 3/19; City Council Proceedings of 3/19;
Environmental Stewardship Advisory Commission of 3/13; Five Flags Commission of 3/19; Human
Rights Commission of 2/12; Zoning Board of Adjustment of 3/22, upon motion received and filed.
Proof of Publication of Council Proceedings for 2/26, 2/27, 2/28, 3/5, and 3/6, upon motion
received and filed.
Notice of Claims/Suits: Steven Althoff in undetermined amount for property damage and loss
of business; Cottingham & Butler's subrogation claim in undetermined amount for Judy Kaiser; Guy
Gard in undetermined amount for property damage and loss of business; Beth Lenstra in estimated
amount of $482.21 for vehicle damage; Allan Sauser in undetermined amount for vehicle damage;
Steve Vinson in estimated amount of $250 for vehicle damage; David A. and Ellen Willis in
undetermined amount for property damage and loss of business; Clark W. Wolff in undetermined
amount for property damage and loss of business, upon motion referred to the Legal Staff for
investigation and report.
Corporation Counsel advising the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mi-T-M Corporation for
vehicle damage, upon motion received and filed.
Corporation Counsel recommending that the claim of Armella Meyer for property damage be
administratively closed, upon motion received and filed and concurred with the recommendation.
Corporation Counsel recommending settlement of the claim of Richard Michels (previously
denied) in the amount of $314.98 for vehicle damage and that the Finance Director be directed to
issue the appropriate check, upon motion received and filed and concurred with the recommendation
and Finance Director to issue check.
Communications: Communication from David W. Leifker regarding the Town Clock Plaza,
upon motion referred to the City Manager.
Communication from property owners on Booth Street expressing dissatisfaction with the
Booth Street repaving project, upon motion referred to the City Manager.
Communication from Robert P. Willis, 3921 Columbia, Des Moines, IA, regarding the Iowa Tax
Shift Plan, upon motion referred to the City Manager.
Request of Dubuque Golf and Country Club to display fireworks on July 4, 2001 on the Golf
and Country Club grounds, upon motion referred to the City Manager.
Communication from Mick J. Michel, City Manager of East Dubuque, Illinois, regarding the
possibility of the City providing transit service to East Dubuque on a contractual basis, upon motion
referred to the City Manager.
Dubuque Racing Association: City Manager recommending approval of a request from the
Dubuque Racing Association to amend the 2001 DRA Capital Improvement Program schedule, upon
motion received and filed and concurred with the recommendation.
Joint Labor Management Health Care Committee Agreement - Amendment: City Manager
recommending approval of an amendment to the Joint Labor Management Health Care Committee
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Agreement extending the agreement through June 30, 2002, upon motion received and filed and
concurred with recommendation.
Employee Assistance Program Services: City Manager recommending an agreement
between the City of Dubuque and Mercy Medical Center to provide employee assistance services
to City of Dubuque employees and their family members, upon motion received and filed and
concurred with recommendation.
Historic Preservation Commission - Historic Preservation Programs: Communication from the
Historic Preservation Commission expressing their appreciation for the City Council's support of the
new historic preservation initiatives, incentives and ordinance amendments, upon motion received
and filed.
Old Main Historic Preservation District: Communication from the Historic Preservation
Commission commending the Mayor and City Council for providing financial assistance for business
retention and repair of the buildings located in the Old Main Historic Preservation District, upon
motion received and filed.
Senate File 168: Communication of City Manager to area legislators urging opposition to
Senate File 168, which pertains to the granting of competing cable television franchises, upon motion
received and filed and concurred with the recommendation.
HUD Funding Application for Homeless Assistance: City Manager recommending approval
of an application to the U.S Department of Housing and Urban Development for assistance to
homeless families and individuals, upon motion received and filed and concurred with
recommendation.
Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set
for April 16, 2001 for six businesses for underage tobacco sales, upon motion received and filed and
set Hearing for 4-16-01 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and
that the City Clerk publish notice in the manner prescribed by law.
School Resource Officer Program: City Manager recommending approval of a grant
application for the School Resource Officers (SRO) Program, upon motion received and filed and
concurred with recommendation.
Amendment to the Amended Development Agreement with Platinum Hospitality, Inc., and Site
Access Agreement: City Manager recommending approval of an Amendment to the Amended
Development Agreement with Platinum Holdings, LLC to establish a new closing date of May 15,
2001, and a Site Access Agreement for property on the Fourth Street Peninsula, upon motion
received and flied. Buol moved adoption of Resolution No. 118-01 Approving Second Amendment
to the Development Agreement between the City of Dubuque and Platinum Holdings, LLC.
Seconded by Nicholson. Motion carried 7-0.
Business License Refunds: Request from Madhatters, Inc. and Family Beverage Center for
a refund of their cigarette licenses in the amount of $25.00 each, upon motion received and filed and
approved refunds.
Business Licenses: Buol moved adoption of Resolution No. 119-01 Granting issuance of a
permit to sell Cigarettes and Cigarette Papers to A & B Tavern; Resolution No. 120-01 Granting
issuance of Class "C" Beer Permit Plaza 20 Amoco; Resolution No. 121-01 Granting issuance of
Class '°'A" (Club) Liquor License to Loyal Order of Moose; and Class "C" Beer/Liquor Permit to Shot
Tower Inn, Whiskey River, Marco's Italian American Food, West Dubuque Tap, Neighbor's Tap, and
Tugboat Willy's. Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
CIVIL SERVICE COMMISSION: Applicant: Merle J. Duehr, Jr. Mayor Duggan made
appointment and Council approved the reappointment of Merle J. Duehr, Jr. for a four year term
which will expire 4-6-05.
MECHANICAL CODE BOARD: Applicants: David W. Grothe, Tom W: Giese. Upon motion
David W. Grothe and Tom W. Giese were reappointed to terms which will expire 3/16/02.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
1999 P.C. Concrete Paving Project- No. I (Bryant, Booth, and Van Buren) Reconstruction
Project: Proof of publication on notice of hearing on a new watermain and sanitary sewer
assessment added to the project at the request of a property owner, upon motion received and filed.
Markham moved adoption of Resolution No. 122-01 Of Necessity and Resolution No. 123-01
Adopting the final assessment schedule for 1999 P.C. Concrete Paving Project - No. 1 (Bryant
Street, Booth Street, and Van Buren Street) including certain information required by the Code of
Iowa, specifically, the number of annual installments into which assessments are divided, the interest
on all unpaid installments, the time when the assessments are payable and directing the clerk to
certify the final schedule and to publish notice thereof. Seconded by Nicholson. Motion carried 7-0.
Lease to Telecorp Realty: Proof of publication on notice of hearing and City Manager
recommending approval of a lease between the City of Dubuque and Teleoorp Realty for the
placement of a telecommunications antenna on the Third Street Water Tower, upon motion
received and filed. Markham moved adoption of Resolution No. 124-00 of the City of Dubuque
approving a lease between the City of Dubuque, Iowa and Telecorp Realty, LLC for the installation
and operation of a wireless telecommunication antennae facility. Seconded by Nioholson. Motion
carried 7-0.
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Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Joint City/County Planning Committee: Communication from the Joint City/County Planning
Committee requesting that the City Council designate a representative to the Committee, upon
motion Council Member Michalski designated to serve on the Committee.
Fourth Street Peninsula - Consultant Recommendation: City Manager recommending
approval of URS/BRW, Leland Consulting Group and The Environmental Design Group as the
consultant for the Fourth Street Peninsula Study, upon motion received and filed. Buol moved
adoption of Resolution No. 125-00 Approving the selection of a consultant to prepare a Master Plan
for the Fourth Street Peninsula and South Ice Harbor area and authorizing the City Manager to
execute an appropriate contract for said study. Seconded by Cline. Motion carried 7-0.
Permit Moratorium for Billboards: City Manager recommending a ninety day extension to the
existing permit moratorium for off-premise signs. Ordinance No. 19-01 Amending Chapter 3
(Advertising) of the City of Dubuque Code of Ordinances by amending Section 3-43¢), to establish
a ninety (90) day extension of the existing moratorium on the issuance of permits for off-premise
signs, presented and read. Robbins 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.
Development Moratorium for the Julien Dubuque Bridge Study: City Manager recommending
that the building permit moratorium for Highway 20 from Bluff Street east to the City limits be
extended for another twelve months, as requested by the Iowa Department of Transportation in
connection with the U.S. 20 Mississippi River Crossing Study, upon motion received and filed.
Ordinance No. 20-01 Amending Chapter 11 (Building and Building Regulations) of the City of
Dubuque Code of Ordinances by amending Section 11.589-1 by establishing a twelve month
moratorium on the issuance of permits for work in the U.S. 20 Corridor, presented and read. Buol
moved that the requirement that a proposed Ordinance be considered and voted on for passage at
two Council Meetings pdor 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 Markham. Motion carried
7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Flora Pool and Sutton Pool Water Playgrounds: City Manager recommending initiation of the
public bidding process for the Flora Pool and Sutton Pool Water Playgrounds Project, upon motion
received and filed. Miohalski moved adoption of Resolution No. 126-01 Preliminary approval of
plans and specifications; Resolution No. 127-01 Fixing date of hearing on plans and specifications
for 5/21/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the
manner prescribed by law; Resolution No. 128-01 Ordering bids. Seconded by Buol. Motion
carried 7-0.
Lease to Telecorp Realty: City Manager recommending that a public hearing be set for April
16, 2001 to consider a lease between the City of Dubuque and Telecorp Realty for the installation
and operation of a telecommunications facility within Louis Murphy Park at 1700 South Grandview,
no action taken as this item was deleted from the Agenda.
Hamilton Street Storm Sewer Extension Project: City Manager recommending initiation of
the public bidding process for the Hamilton Street Storm Sewer Extension Project and that a public
hearing be set for May 7, 2001, upon motion received and filed. Michalski moved adoption of
Resolution No. 129-01 Preliminary approval of plans and specifications; Resolution No. 130-01
Fixing date of hearing on plans and specifications for 5/7/01 at a meeting to commence at 6:30 P.M.
in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by
law, and Resolution No. 131-01 Ordering bids. Seconded by Buol. Motion carried 7-0.
Wilbricht Lane Storm Sewer Improvements Project: City Manager recommending initiation
of the public bidding process for the Wilbricht Lane Storm Sewer Improvements Project and that a
public hearing be set for May 7, 2001, upon motion received and filed. Michalski moved adoption
of Resolution No. 132-01 Preliminary approval of plans and specifications; Resolution No. 133-01
Fixing date of headng on plans and specifications for 5/7/01 at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice in the manner prescribed by law; and Resolution
No. 134-01 Ordering bids. Seconded by Buol. Motion carried 7-0.
Kerper Court - Vacating Petition: City Manager recommending that a public headng be set
for April 16, 2001 to consider a request from John P. and Letha A. Mihalakis and Richard L. and
Cindy Billmeyer, to vacate various easements at Kerper Boulevard and Kerper Court, upon motion
received and filed. Buol moved adoption of Resolution No. 135-01 of Intent to dispose of interest
and vacate utility and other various easements over Lot 5 of Kerper Industrial Park and Lot 2 of FDL
Second Addition in the City of Dubuque, Iowa, Dubuque County, Iowa, and set this for Public
Hearing on 4/16/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish
notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0.
At 6:54 P.M. upon motion Council went into Closed Session re: Pending Litigation (Iowa Code
Chapter 21 -.5(1 )(c).
At 7:14 P.M. Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 7:15 P.M.
/s/Jeanne F. Schneider
City Clerk
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