Minutes Council 01 12 03'CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, December 3, 2001
Council met for dinner at 4:30 P.M. in the Library Rotunda
Council met in Special Session at 5:00 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline - by electronic means, Markham,
Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call and stated this is the special session of the City Council called for
the purpose of receiving an update on the Master Plan for the Port of Dubuque.
William Baum, Economic Development Director, and Bob Kost of URS/BRW and Ann Ricker
of Leland Consulting Group, the consulting firms for the Fourth Street Peninsula, all spoke
giving an update of progress in this area.
There being no further business, upon motion the meeting adjourned at 6:23 P.M.
/s/Jeanne F. Schneider
City Clerk
CITY COUNCIL
OFFICIAL
City Council, Regular Session, December 3, 2001
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline - by electronic means, 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 Reverend Dr. Duane Larson, President of Wartburg Theological
Seminary.
CONSENTITEMS
Minutes Submitted: Airport Commission of 10/22, 11/11 & 12; 11/15, and 11/18; Building
Code Board of Appeals of 11/13; Cable TV Regulatory Commission of 11/14; City Council
Proceedings of 11/13 and 11/19; Community Development Advisory Commission of 11/8;
Enterprise Zone Commission of 11/15; Five Flags Commission of 11/19; Housing Code Appeals
Board of 10/16; Park and Recreation Commission of 11/13, upon motion received and filed.
Proof of publication of City Council Proceedings of 11/5/01, upon motion received and filed.
Notice of Claims/Suits: Carla Deutmeyer in estimated amount of $478.78 for personal injury;
Dubuque Rescue Mission in undetermined amount for property damage; Dubuque
Thunderbirds in estimated amount of $705.00 for missing property; Kenneth M. Metz in
estimated amount of $2,429.75 for vehicle damage; Gerald Runde in estimated amount of
$159.00 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: Randy Gracheck for
Hank's Specialties for vehicle damage, upon motion received and filed and concurred.
Corporation Counsel recommending settlement of the claim of Dale A. Hirsch for vehicle
damage in the amount of $175.00 and that the Finance Director be directed to issue payment,
upon motion received and filed and concurred.
Citizen Communications: Communication from Emily Frye, Isaiah Warnake, Abbie Sudmeier
and Matt Klinkhammer of Dubuque Senior High School regarding the issue of smoking in public
facilities in Dubuque, upon motion received and filed and referred to the City Manager.
Communication from Walt Pregler, 2966 Shiras Avenue, regarding the plans for opening of
Main Street; and City Manager providing a response, upon motion received and filed.
Communication of David S. Hartig requesting to purchase a portion of City-owned property
located on Old Mill Road, upon motion received and filed and referred to the City Manager.
Industrial Park Land Sales: City Manager providing a written response to questions from Bud
Isenhart regarding industrial park land sales, upon motion received and filed. Mr. Isenhart
spoke questioning the usage of TIF monies and the diversion of money from the School Board
and County residents. City Manager Van Milligen responded clarifying various issues. Council
Member Michalski commended Mr. Isenhart for raising good points and allowing informative
responses.
Sutton Pool Tank Painting - Acceptance: City Manager recommending acceptance of the
Sutton Pool Tank Painting Project in the final contract amount of $43,051, upon motion received
and filed. Michalski moved adoption of Resolution No. 509-01 Accepting improvement and
Resolution No. 510-01 Approving final contract amount of $43,051 Seconded by Nicholson.
Motion carried 7-0. '
Oak Meadow Second Addition - Acceptance of Public Improvements: City Manager
recommending acceptance of the public improvements that Jim Stock Realty and Construction
has completed in Oak Meadow Second Addition, upon motion received and filed. Michalski
moved adoption of Resolution No. 511-01 Accepting improvements in Oak Meadow Second
Addition - Phase 3 (Deerwood Circle). Seconded by Nicholson. Motion carried 7-0.
National Historic Landmark Status for the Shot Tower: City Manager recommending that the
Planning Services Department retain a consultant to prepare an application for National Historic
Landmark status for the Shot Tower, upon motion received and filed and approved
recommendation.
Environmental Stewardship Advisory Commission: John S. Bennett submitting his resignation
from the Environmental Stewardship Advisory Commission effective December 5, 2001, upon
motion received and filed and accepted resignation.
2
Dubuque County Supervisors - Abstract of Votes: Dubuque County Board of Supervisors
submitting the "Abstract of Votes" for the City's general election held on November 6, 2001,
upon motion received and filed and resolved to make a matter of record.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development advising of a new policy for the Community
Development Block Grant (CDBG) Program regarding timely expenditure requirements of the
program and follow-up communication from the U.S. Department of Housing and Urban
Development, upon motion received and filed.
Gaming Referendum Legislation: Communication of City Manager to area legislators
regarding gaming referendum legislation, upon motion received and filed and approved.
Iowa League of Cities: Communication from LaMetta K. Wynn, President of the Iowa League
of Cities, appointing the City Manager to the Policy Committee of the League, upon motion
received and filed.
Business Licenses: Michalski moved adoption of Resolution No. 512-01 Granting issuance of
a license to sell Cigarettes and Cigarette Papers to Bricktown Brewery/Underground Stone Wall
Lounge; Resolution No. 513-01 Granting issuance of a Class "C" Beer Permit to the Big 10
Mart; and Resolution No. 514-01 Granting issuance of a Class "C" BeedLiquor License to
Bowling and Beyond and Cooper Management Company. Seconded by Nicholson. Motion
carried 7-0.
BOARDS/COMMISSIONS
Interview for the following Board/Commission: Environmental Stewardship Advisory
Commission (One unexpired term through 10/01/04). Applicant: John Nemmers. No one
spoke.
Appointment to the following Commission: Community Development Advisory Commission
(One unexpired term through 2/15/04 - Census Tract 3 - Currently vacant). Applicant: Richard
J. Sullivan. Upon motion Mr. Sullivan was appointed to the unexpired term which will expire
2/15/04.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
Vacating Petition - Congress Circle: Proof of publication on notice of public hearing and City
Manager recommending the sale of City-owned right-of-way on Congress Circle to Mr. N.J.
Yiannias, representing Key City Investment Company, in the amount of $35,750;
Communication from N. J. Yiannias, President of Key City Investment Company, requesting to
purchase Congress Circle for $35,750, upon motion received and filed. Buol moved adoption of
Resolution No. 515-01 Disposing of City interest in Lot 2A of Westview Shopping Center Place
No. 2, Dubuque County, Dubuque, Iowa. Seconded by Markham. Motion carried 7-0. Brian
Kane, Attorney for Key City Investment Company, spoke requesting the property sale.
Ice Rinks and Murphy Tennis Courts Lighting Project: Proofs of publication on notice of
hearing on plans and specifications, and notice to bidders on the receipt of bids, and City
3
Manager recommending award of the contract for the Ice Rinks and Murphy Tennis Courts
Lighting Project to Westphal and Company, Inc., in the amount of $108,852.34, upon motion
received and filed. Markham moved adoption of Resolution No. 516-01 Adopting plans and
specifications for the project and Resolution No. 517-01 Awarding contract to Westphal and
Company, Inc., in the amount of $108,852.34. Seconded by Robbins. Motion carried 7-0.
Upon motion the rules were reinstated to limit discussion to the Council.
ACTION ITEMS
Presentation of Vision Downtown Results: David Rusk to make verbal presentation on the
results of the Vision Downtown process, requesting adoption of the Vision Downtown document
as the community's shared vision for downtown Dubuque, and requesting referral to the City
Manager for consideration in the annual budget process and communication from the Long
Range Planning Advisory Commission in support of the Vision Downtown document and a
Comprehensive Downtown Planning Process, upon motion received and filed. Mr. Rusk spoke explaining the Vision Downtown process.
Nicholson moved adoption of Resolution No. 518-01 Adopting the Vision Downtown
document. Seconded by Buol. Motion carried 7-0.
Bond Sale to Support America's River Project Components: City Manager recommending the
sale of $12,360,000 General Obligation Bonds, upon motion received and filed. Michalski
moved adoption of Resolution No. 519-01 Directing the sale of $9,500,000 General Obligation
Bonds, Series 2001 and Resolution No. 520-01 Directing the sale of $2,860,000 General
Obligation Bonds, Series 2002. Seconded by Nicholson. Motion carried 7-0.
Mr. David Dirks, of Evenson-Dodge, the City's financial advisory firm, spoke regarding the sale
of the bonds.
Ward and Precinct Ordinance Modifications: City Manager recommending approval of
modifications to the City's ward and precinct plan ordinance and map as requested by the State
of Iowa and Dubuque County and approval of a revised precinct agreement with Dubuque
County, upon motion received and filed. Ordinance No. 78-01 Amending the City of Dubuque,
Iowa Code of Ordinances by repealing Chapter 17, Elections and adopting in lieu thereof a new
Chapter 17, Elections, establishing boundaries for four (4) wards and twenty-one (21) precincts,
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 Markham. Motion carried 7-0.
Fiscal Year 2003 Policy Guidelines: City Manager recommending adoption of the Fiscal Year
2003 Policy Guidelines for the City of Dubuque, upon motion received and filed and approved
recommendation to adopt the Guidelines. Council Member Nicholson requested an
explanation of equalization orders and rollbacks.
ITEMS TO BE SET FOR PUBLIC HEARING
4
Dubuque Yacht Basin Lease Agreements: City Manager recommending approval of
amendments to three lease agreements between the City and Dubuque Yacht Basin to extend
the termination dates, a Resolution Approving Fourth Amendment to Lease Agreement (April 8,
1970) between Dubuque Yacht Basin, Inc., and the City of Dubuque; a Resolution Approving
Second Amendment to Lease Agreement (February 5, 1974) between Dubuque Yacht Basin,
Inc., and the City of Dubuque; and a Resolution Approving Fourth Amendment to Lease
Agreement (November 23, 1987) between Dubuque Yacht Basin, Inc., and the City of Dubuque,
upon motion received and filed and set this for Public Hearing on 12/17/01 at 6:30 P.M. in the
public library auditorium and that the City Clerk publish notice in the manner prescribed by law.
At 7:41 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation -
Iowa Code Chapter 21.5(1 )(c).
At 8:03 Council reconvened Regular Session stating Staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:04 P.M.
It 12/12
/s/Jeanne F. Schneider
City Clerk
5