Proof Council Min 12 3 01 CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special
Session, December 3, 2001
Council met for dinner
4:30 P,M. In the
Rotunda
Council met in
Session at 5:00
Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cllne ~
by electronic means,
Markham, M[chalskl~
N~cholson Robbins,
Manager Mlchae Van MIIligen,
Corporation Counsel Barry
the f011owir
Warnake, 1
and
bf
Shlras
providing
of Votes" for
motion
for
P0ol Tank Palbting
Commission of 11/13, upon City Manag~
motion received and tiled·
the S
Council Project in the final contra(
11/5/01,upo amount of $43,051, upon the
and liled, motion received and filed, upon motion
Notice of Michalski moved adoption of filed,
Resotut[en No. 509-01 Business Licenses:
Carla person- AcceptinG Improvement and Mlchalskt moved adoption
al, Injury; Dubuque Rescue Resolution No 510-01 Resolution No,
Mission in undetermined final contrac[ Grantin~tssuance of a Ilcedse
to se!~ C~garettes and Clghrette
amount for , Nicholson. Papers to Brlcktown
$705.00 for Brewery/Under round Stone
property; Kennet~b~M. Oak Meadow Second Wall, Lounge; ~esolution No.
estimated amoGdt of Addition - Acceptance , 513-01 Granting issuance of a
Public Improvements: Ci Class "C" Beer Permit to the
$2,429,7
Gerald Runde in Manager recommendir Big 10 Mart; and Resolution
amount of $159,.00 for proper- accep'-~nce of the public No, 5
for tll~ Cil
Stewardshi
term
, the follow-
audget process
and communic~tbnfrbm the
u on motion
fled.
Mr, Rusk
the
Jpon NIc
Resolution No;
· will
tEARINGS, Budk M0tidn c,
Bahd Sale Ko Sup
to allow anyone Arn~rlcA's Rver
Petition
Proof General
Amendmeht
City
the amount of
motion
Seco
to
a Resolution
) the
audltoklum a~d
; Series Open motion
Mr. David Dirks, of Evenson- -:: Io~v~
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN 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 D pc_~ ~ .~ ~ ) ~
, 20 (~t , and for which the charge is $ ]~['~
Brlao
Su. bscribed to before me,j~ Notary Public½n and for Dubuque County, Iowa,
th~s /-~ dayof~~ 20 ~' .
in the a
u on motion received and
find, Markham
tied of Resolution No.
Iowa
bY repe~llng
Eleotlbn~ an<d
Elections;
boundaries for four (
and
the require-
ment that a reposed
Ordinance be consi~°erred and I
voted on for passage at two;
Council Meetings prior to the
finally passed be suspended
meeting at which It Is to be
Inc., and fur[her moved final con--
amount
Seconded by Robbina, slderagon and passage of the
Motion carried 7-0. Ordinance. Seconded by
Upon motion ti . Markham. Motion carried 7-0.
reinstated to limit discussion Fiscal Year 2003 Policy
to the Council. Guidelines: City Manager rec-
ACTION ITEMS ommending adoption of the
Presentation of Vision F scal Year 2003~ Policy
MY COMMISSION EXPIRES
FEBRUARY t, 2002
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 consult-
ing firms for the Fourth Street
Peninsula, all spoke giving an
update of progress in this
area.
There being no further busi-
ness, 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 act._
ing upon such business which
may properly come before the
City Council.
Invocation was given by
Reverend Dr. Duane Larson,
President of Wartburg
Theological Seminary.
CONSENT ITEMS
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 person-
al , injury; Dubuque Rescue
Mission in undetermined
amount for property damage; '
Dubuque Thunderbirds in esti-
mated amount of $705.00 for
missing property; Kenneth-M.
Metz in estimated amount of
$2,429.75 for vehicle damage;,A
Gerald Runde in estimated
amount of $159.00 for proper-
ty damage, upon motion
referred to the Legal Staff for
investigation and report.
Corporation Counsel advis-
ing 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 dam-
age, upon motion received
and filed and concurred.
Corporation Counsel rec-
ommending 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 con-
curred.
Citizen Communications:
Communication from Emily
Frye, Isaiah Wamake, 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 Shires Avenue,
regarding the plans for open-
ing 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 prop-
erty located on Old Mill. Road,
upon motion received and filed
and referred to the City
Manager.
Industrial Park Land Sales:
City Manager providing a writ-
ten response to questions
from Bud Isenhart regarding
industrial park land sales,
upon motion received and
filed. Mr. Isenhart spoke ques-
tioning 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 informa-
tive responses.
Sutton Pool Tank Painting -
Acceptance: City Manager
recommending acceptance of
the Sutton Pool Tank Paintin.
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
accep' ance of the public
improvements that Jim Stock
Realty and Construction has
completed in Oak Meadow
Second Addition, upon motio
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 recommenda-
tion.
Environmental Stewardshi.
Advisory Commission: John
S. Bennett submitting his res-
ignation from the
Environmental Stewardship
Advisory Commission effective
December 5, 2001, upon
motion received and filed and
accepted resignation.
Dubuque County
Supervisors - Abstract of
Votes: Dubuque County
Board of Supervisors submit-
ting 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 legis-
lators regarding gaming refer-
endum legislation, upon
motionreceived 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" Beer/Liquor
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 follow-
ing 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 rec-
ommending 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, Dubuqu-
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 speci-
fications, and notice to bidders
on the receipt of bids, and City
Manager recommending
award of the contract for the
Ice Rinks and Murphy T Te
nnis
Courts Lighting roennect to
Westphal and Company, Inc.,
in the amount of $108,852.34,
upon motion received and
filed. Markham moved adop-
tion of Resolution No. 516-01
Adopting plans and specifica-
tions 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 wer-
reinstated to limit discussion
to the Council.
ACTION ITEMS
Presentation of Vision
Downtown Results: David
Rusk to make verbal presenta-
tion on the results of the Vision
Downtown process, request-
ing 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 lie
u thereof a new
Chapter 17, Elections, estab-..
lishing boundaries for four (4)
wards and twenty-one (21)
precincts, presented and read.
Buol moved that the require-
ment 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 con-7
sideration and passage of the
Ordinance. Seconded by
Markham. Motion carried 7-0.
Fiscal Year 2003 Policy
Guidelines: City Manager rec-
ommending 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
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 pre-
scribed by law.
At 7:41 P.M. upon motion itJ
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 direc-
tion.
There being no further busi-
ness, upon motion meeting_
adjourned at 8:04 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 12/12
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
TAMMY M. FELDMANN 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 Demme rr► %r 1
, 20 (') f , and for which the charge is $ % 3 1 f (c q
Subscribed to before me, Notary21i)bcn and for Dubuque County, Iowa,
this /.3Z day of 20 Ol .
Notary Public in and for Dubuque Count ¶Iowa
MARY K. WESTERMEYER
MY COMMISSION EXPIRES
FEBRUARY 1, 2002