Minutes Council 3 5 01CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, Monday, March 5, 2001
Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Michalski (by telephone),
Nicholson, Robbins, Acting City Manager Pauline Joyce, Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan, City Manager Michael Van Milligen
Mayor Pro-Tem Markham 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 Council.
Invocation was given by Msgr. David Wheeler of St. Mary's Catholic Church.
CONSENT ITEMS
Minutes Submitted: Cable TV Regulatory Commission of 2/14; Cable TV Teleprogramming
Commission of 2/6; Civil Service Commission of 1/18 and 2/2; City Council Proceedings of 2/5
and 2/19; Five Flags Commission of 1/15 and 2/19; Housing Commission of 1/23; Library Board of
12/14, upon motion received and filed.
Proof of publication of Council Proceedings for 2/5 and 2/7, upon motion received and filed.
Notice of Claims/Suits: Kevin Ament in estimated amount of $2,900.73 for vehicle damage; Ryan
Foley in estimated amount of $700 for vehicle damage; Carol Friedman in undetermined amount
for personal injuries; James and Mary Kress in estimated amount of $2,580 for property damage;
Bill Meyer in estimated amount of $102.29 for vehicle damage; Richard Michels in estimated
amount of $314.98 for vehicle damage; Karla Schramm in undetermined amount for vehicle
damage, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel advising the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Robert C. Hood, Jr. for
personal injuries; Mackenzie Kylmanen for personal injuries; Gene A. Kramer for vehicle damage;
Kelly Larson for vehicle damage; Lois Link for personal injury; Kim Mesch for vehicle damage;
Monte Carlo Restaurant for loss of business; William A. Moore for vehicle damage; Nona Nigg for
vehicle damage; Brian C. Noel for vehicle damage; Mary Oglesby for personal injury; Karla
Schramm for vehicle damage; State Farm Insurance Companies for Timothy Grass for vehicle
damage; Susan Walgamuth for vehicle damage, upon motion received and filed and concurred
with disposition.
Corporation Counsel recommending denial of the claim of Kathleen M. Kane for tire damage,
upon motion received and filed and concurred with the recommendation.
Corporation Counsel recommending settlement of the claims of Linda Sanford in the amount of
$174.85 for vehicle damage; Cindy Hanten in the amount of $10.00 for property damage, and that
the Finance Director be directed to issue the appropriate check, upon motion received and filed
and authorize the Finance Director to issue the checks.
Patricia Ann Drive Extension: Communication from Lloyd S. Gudenkauf requesting final approval
and acceptance of the Patricia Ann Drive extension project, upon motion received and filed and
referred to the City Manager.
Request to Purchase B Mechanics Lot 138: Communication from Robert Cartmill, 505 Napier
Street, requesting to purchase Mechanics Lot 138 from the City of Dubuque, upon motion referred
to the City Manager.
Community Development Advisory Commission: Communication from Sister Lynn Marie
Fangman advising that she will not be reapplying for a position on the Community Development
Advisory Commission, upon motion received and filed.
Iowa Department of Economic Development: Communication from the Iowa Department of
Economic Development advising of an amendment to the City's HOME Investment Partnership
Program Master Contract and Funding Agreement, upon motion received and filed.
Dubuque Golf and Country Club: Letter of appreciation from Donald H. Kelliher, General
Manager of the Dubuque Golf and County Club, for the City Council's support of their request to
reassign stop signs at Bradley and Rider Streets, and Perry and Rider Streets, upon motion
received and filed.
Senate File 168: Communication of City Manager to area legislators urging their opposition to
S.F. 168 which addresses the granting of additional cable television franchises in Iowa
communities, upon motion received and filed and concurred.
Senate File 31 and House File 4: Communication of City Manager to area legislators advising
that the City of Dubuque does not support new mandates regarding the taxing authority of cities
as proposed in SF 31 and HF 4, upon motion received and filed and concurred.
Plastic Center, Inc. B Acceptance of Warranty Deed: Buol moved adoption of Resolution No. 77-
01 Accepting Warranty Deed for real estate in Dubuque County, Iowa from Plastic Center, Inc.
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Seconded by Nicholson. Motion carried 6-0.
Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set for
March 19, 2001 for twelve businesses for underage tobacco sales, and communication of James
M. Heckmann, representing the Midway Hotel, waiving the right to a public hearing and submitting
payment in the amount of $300 in satisfaction of the maximum civil penalty that could be
assessed at the hearing, upon motion received and filed and set hearing for 3/19/01. Seconded
by Nicholson. Motion carried 6-0.
Local Housing Assistance Program Award: City Manager recommending approval of a contract
with the Iowa Department of Economic Development for a Local Housing Assistance Program
(LHAP) award in the amount of $100,000, upon motion received and filed and approved
recommendation.
Iowa Inn Rehabilitation Project: City Manager recommending the publication of a combined
notice of no significant impact on the environment and notice of intent to request release of funds
for the Iowa Inn Rehabilitation project, upon motion received and filed. Buol moved adoption of
Resolution No. 78-01 Authorizing publication of a combined notice of no significant impact on the
environment and notice of intent to request release of funds for the Iowa Inn Rehabilitation
Project. Seconded by Nicholson. Motion carried 6-0.
Administrative Services/Financial Agreement Between the City and Delta Dental: City Manager
recommending approval of an Administrative Services and Financial Agreement between the City
and Delta Dental Plan of Iowa for administration of the City--s dental plan, upon motion received
and filed and approved agreement.
National Main Street Center B Grant Request:: City Manager recommending approval of a
request from the City of Dubuque and Dubuque Main Street, Ltd., to the National Main Street
Center for a consultation grant for the Downtown Vision process, upon motion received and filed
and approved recommendation.
Land and Water Conservation Fund Grant Application for Riprow Valley Recreation Area: City
Manager recommending approval of a Land and Water Conservation Fund (LWCF) grant
application from the Iowa Department of Natural Resources for the Riprow Valley Recreation
Area, upon motion received and filed. Buol moved adoption of Resolution No. 79-01 on
acquisition or development for outdoor recreation. Seconded by Nicholson. Motion carried 6-0.
Internet Banking: City Manager recommending that the Administrative Services Manager,
Finance Director and Assistant Finance Director be authorized to utilize Internet Banking on
behalf of the City, upon motion received and filed. Buol moved adoption of Resolution No. 80-01
Authorizing certain designated fiscal officers of the City of Dubuque to utilize Internet Banking on
behalf of the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0.
Civil Service Commission: Civil Service Commission submitting the certified list for the position
of Water Distribution Foreman, upon motion received and filed and resolved to make this a matter
of record.
Project Concern B Purchase of Service Agreement: City Manager recommending approval of an
amendment to the Purchase of Service agreement with Project Concern, Inc., upon motion
received and filed and concurred with recommendation.
Business License Refund: Request of Mulgrew Oil Company for a refund of their beer and liquor
license in the amount of $50.00, upon motion received and filed and approved request.
Business Licenses: Buol moved adoption of Resolution No. 81-01 Granting issuance of a Class
C Beer Permit to Big 10 Mart; Resolution No. 82-01 Granting issuance of a Class AB~
(Hotel/Motel) Beer/Liquor License to Days Inn; and a Class C (Commercial) Beer/Liquor License
to Cue Master Billiards, Finney's Bar & Grill, The Yardarm, and Galaxies. Seconded by
Nicholson. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Oak Street Sanitary Sewer Extension Project: Proofs of publication on notice of hearing on plans
and specifications, and notice to bidders on the receipt of bids, and City Manager recommending
award of the contract to Tschiggfrie Excavating in the amount of $106,092, upon motion received
and filed. Buol moved adoption of Resolution No. 83-01 Adopting plans and specifications for
the project; Resolution No. 84-01 Awarding contract to Tschiggfrie Excavating in the amount of
$106,092; Resolution No. 85-01 With Respect to the adoption of the Resolution of Necessity
proposed for the Oak Street Sanitary Sewer Extension Project. Seconded by Nicholson. Motion
carried 6-0.
Amendment to Stout Place Urban Revitalization District (Iowa Inn Project): Proof of publication on
notice of hearing to consider an amendment to the Stout Place Urban Revitalization District (Iowa
Inn Project), City Manager recommending approval of an amendment to the Stout Place Urban
Renewal District to extend the duration for three years and an amendment to the Fiscal Year 2001
Community Development Block Grant Annual Action Plan to provide for the allocation of
unanticipated CDBG revenue to the rehabilitation of the Iowa Inn, upon motion received and filed.
Attorney Robert Day for the Dubuque Landlords= Assn. spoke in opposition to this project and
requested that Mayor Duggan excuse himself from voting. Dan LoBianco of Dubuque Main St.
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spoke in favor of the project and endorses MetroPlains. Terry Mozena of the Dubuque Historic
Preservation Comm. spoke in support. Scott Dalsing for himself and representing Premier Bank
spoke in support of the development and loan. Terry Sullivan of the Dubuque Are Chamber of
Commerce spoke in favor of the project and loan. Lou Koethe of the Dubuque Landlord Assn.
spoke in opposition. John Walsh, as a private citizen, spoke in support of the project.
Ordinance No. 13-01 Amending City of Dubuque Ordinance establishing the Stout Place Urban
Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa,
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 Nicholson. Motion carried 6-0. Buol moved adoption of Resolution No. 86-01
Approving Amendment #3 to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for
Community Development Block Grant Funds. Seconded by Nicholson. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Final Plat B Block 3 of Oak Meadows Second Addition: City Manager recommending approval of
the final plat of Block 3 of Oak Meadows Second Addition, upon motion received and filed. Buol
moved adoption of Resolution No. 87-01 Approving the final plat of Block 3 of Oak Meadows
Second Addition in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0.
Amendments to the Historic Preservation Ordinance: Communication of the Historic Preservation
Commission and the Preservation Task Force recommending amendments to the Historic
Preservation Ordinance, upon motion received and filed. An Ordinance Amending Chapter 25
(Historic Preservation) of the Code of Ordinances of the City of Dubuque, presented and read.
Nicholson moved that this be considered the second reading of this Ordinance. Seconded by
Michalski. Motion carried 6-0.
City Assessor's Office: City Manager recommending that separate offices be maintained for the
City Assessor and the County Assessor, upon motion received and filed and concurred with the
recommendation.
ITEMS TO BE SET FOR PUBLIC HEARING
Leasing of Golf Cart: City Manager recommending approval of a lease between the City and
Harris Golf Cars for forty golf carts, upon motion received and filed. Buol moved adoption of
Resolution No. 88-01 Fixing Date of Hearing on Golf Cart Lease Agreement and setting this
Hearing for 3/19/01 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 Robbins. Motion carried 6-0.
There being no further business upon motion meeting adjourned at 7:16 P.M.
/si Jeanne F. Schneider
City Clerk
It 3/14