2 05 01 Skeleton SheetCITY COUNCIL REGULAR SESSI~
COUNCIL MET IN REGULAR SESSION~ AT 6:30 P.M.~uIN THE LIBRARY~E R~KHAUDITORIUM
PRESENT: MAYOR I~/UGGAN, COUNCIL MEMBERS OL, CL , MA AM,
MICHAL~SKI, NICH~OLSON, RO.~NS
CITY MANAGER MICHAEL VAI/N/MILLIGEN, CORPORATION COUNSEL~4~RRY MNDAHL
ABSENT:
Mayor Duggan read the call and stated this is the regular session
called for the purpose of acting upon such business which may p
City Council.
of the City Council
~operly come befOre the
INVOCATION:
FRENCH STUDENT PROGRAM
Introduction of students from Divine Word Seminary
Reverend Anthony Noel, Pastor of Abundant Harvest Church of God
CONSEN~-IT-E!~.
Nays
Michalski
~ ~/ /~Nicho. lson
[.~)Robb,ns
~/~ ~' Cline
/ Duggan
~/" Markham
Minutes Submitted
Airport Commission of 12/28/00, 1/03, and 1/08; Cable Community
Teleprogramming Commission of 1/9; City Council of 1/11 and 1/15; Civil Service
Commission of 12/27/00; Environmental Stewardship Advisory Commission of 1/9;
Five Flags Commission of 12/18/00 and 1/15/01; Housing Commission Trust Fund
of 1/18; Human Rights Commission of 11/13/00; Investment Oversight
Commission of 1/18; Long Range Planning Advisory Commission - Downtown
Planning Committee of 1/8; Park and Recreation Commission of 1/9; Transit Board
of 1/17
Proof of Publication for Council Proceedings of I/2/0~, 1/11, and 1/15; Printed
Council Proceedings for December 2000
Finance Director submitting the Financial Reports for the month ending December
31, 2000; Quarterly Report of the Investment Oversight Advisory Commission
Substance Abuse Services Center Second Quarter Report.
Suggested Disposition:
Receive and File; Approve as Printed
2
Not!ce of Claims/Suits
Ro~s Ball in estimated amount of $270 for property damage; Thomas J. and
'~Michelle M. Frick in undetermined amount for vehicle damage and personal injuries;
G~"~ Tool, Inc. in estimated amount of t~209 for vehicle damage; Kathleen M.
Kane in estimated amount of $48.74 for vehicle damage; Mackenzie Kylmanen for
personal injuries; Kelly Larson in undetermined amount for vehicle damage; Lois
Link in undetermined amount for personal injuries; Mercy Health Center in
estimated amount of $191.20 for property damage; Klm Mesch in estimated
amount of $367.41 for property damage; Monte Carlo Restaurant in undetermined
amount for loss of business; Brian C. Noel in undetermined amount for vehicle
damage; Mary C. Oglesby in undetermined amount for personal injuries; Susan A.
Walgamuth in undetermined amount for vehicle damage
Suggested Disposition: Receive and File; Refer to Legal Dept 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:
Vicki Bechen for property damage; Ronnie Hess for vehicle damage; Thomas and
Michelle Frick for vehicle damage; State Farm Insurance for properW damage; The
Shot Tower Inn for loss of business; and John Vollenweider for vehicle damage.
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending settlement of the claims of David and Monica
Ackley in the amount $275,53 for vehicle damage; Grove Tool, Inc. in the amount
of $209 for vehicle damage; Kelly LeFevour in the amount of $114.18 for tire
damage; and Mercy Medical Center in the amount of ~191.20 for property
damage, and that the Finance Director be directed to issue the appropriate checks.
Suggested Disposition: Receive and File; Finance Director to issue checks
Corporation Counsel recommending denial of the property damage claim of Ross
Ball; the property damage claim of Don Ernzen; and the vehicle damage claim of
Rhonda Gotto.
Corporation Counsel recommending that the sewer backup claim of Dolores M.
Kotz be referred to Tschiggfrie Excavating Company.
Suggested Disposition: Receive and File; Concur
Corporation Counsel advising that the property damage claim of Phil Meyer has
been forward to County Attorney Fred McCaw for payment.
Suggested Disposition: Receive and File
3
Citizen Communications
Communication of Peter Seitz regarding radon levels within the City.
Communications of Dick Wertzberger and Walter Pregler regarding the Town Clock
Plaza issue.
Suggested Disposition: Receive and File
Plastic Center, Inc./United Rental Property
City Manager recommending approval of a Purchase Agreement with Plastic
Center, Inc. for purchase of the United Rental Property.
Suggested Disposition: Receive and File; Approve
5.~ Dubuque Metropolitan Area Solid Waste Agency
~.~ Communication from Jan Hess, Agency Secretary, submitting the tipping fees and
^~ budget for the Dubuque Metropolitan Area Solid Waste Agency Landfill for Fiscal
,.~Y Year 2002.
Y~/ Suggested Disposition: Receive and File
~ Civ;I Service Commission
'/~'-~' Civil Service Commission submitting the certified lists for the positions of
~ Information Technology Specialist and Truc~k~ver.
Suggested Disposition: Receive and File; Make a Matter of Record
7. Housing Services - Annual Rental Survey
City Manager submitting the fifth edition of the annual "River Town Rents" survey
from the Housing Trust Fund Committee.
Suggested Disposition: Receive and File
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
=
10.
Eighth Street - Acceptance
City Manager recommending acceptance of the Eighth Street Reconstruction
Project in the final contract amount of $1,169,718.88.
RESOLUTION ~/~ /~
RESOLUTION s~-,~/'0 /
RESOLUTION ,,'~__..-~0/~
Accepting improvement
Approving final estimate
Adopting the final assessment sbhedule for the Eighth
Street Reconstruction Project (Locust Street to Iowa Street) including certain
information required by the Code of Iowa, specifically, the;~number of annual
installments into which assessments are divided, the inter~st on
al
unpaid
installments, the time when the assessments are payable and directing the Clerk to
certify the final schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolutions
RISE Application - Chavenelle Road Extension West from Seippel Road
City Manager recommending approval of a RISE Grant application for a new
Chavenelle Road extension west from Seippel Road into the westerly 40 acres of
the Dubuque Industrial Center West.
RESOLUTION ~-~/~2// Endorsing the submission of ~ Revitalize Iowa's Sound
Economy (RISE) Application to the Iowa Department of Transportation for the
extension of Chavenelle Road west from Seippel Road
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Excess Risk Insurance Policy
City Manager recommending approval of the Excess Risk Insurance Policy with
Allianz for the City's health, prescription drug and dental insurance plans.
Suggested Disposition: Receive and File; Approve
11.
12.
Lease Agreement with Tri-State Modelers
City Manager recommending approval of a lease agreemen;~ with the Tri-State
Modelers for a section of the former Roosevelt Park.
Suggested Disposition: Receive and File; Approve Lease
Five Flags Theater Rest Room Renovation Project - Accept;~nce
City Manager recommending acceptance of the Five Flags Theater Rest Room
Renovation Project in the final contract amount of $142,968.10,
RESOLUTION ~'"~¢~/ Accepting improvement
RESOLUTION ~; i~j Approving final estimate
13.
Suggested Disposition: Receive and File; Adopt Resolutions
Five Flags Center Lavatory Stations Replacement Project
City Manager recommending acceptance of the Five Flags Center Lavatory Stations
Replacement Project in ~e final contract amount of $38,959.
RESOLUTION~,~ ~::~/ Approving final estimate
RESOLUTION~~ J Accepting improvement i
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
6
14. U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development
(HUD) advising of the City's revised allocations for various HUD programs.
Suggested Disposition: Receive and File
15. Expansion of the Bottle Bill
Communication from the Environmental Stewardship Advisory Commission
supporting the continuation and expansion of the iowa Beverage Container Deposit
Law.
RESOLUTION ~J Supporting the expansion of the Iowa Beverage
Container Deposit Law
Suggested Disposition: Receive and File; Adopt Resoiuti0n
16. Iowa Department of Transportation
Communication from the Iowa Department of Transportation advising that they
have received the City's letter regarding hospital signing on U.S. 20 in Dubuque
and offering to meet with Mayor Terry Duggan.
Suggested Disposition: Receive and File; Refer to City Manager
17. Cable Television Franchises
Communication of City Manager to Senator Thomas Flynn urging active opposition
to Senate File 47 which discourages the granting of additional cable television
franchises in Iowa communities.
Suggested Dispos'ffdon: Receive and File; Concur
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
7
18.
19.
20.
Harbor Community Investment
City Manager recommending acceptance of the warranty deed from Harbor
Community investment, LLC.
RESOLUTION _..~2// Accepting Warranty Deed for real estate in Dubuque
County, Iowa from Harbor Community Investment, LLC
Suggested Disposition: Receive and File; Adopt Resolution
Quarterly Investment Report
City Manager submitting the Quarterly investment Report.
Suggested Disposition: Receive and File
Business Licenses
RESOLUTION .~/'~?~/ Granting issuance of a Class uC" Beer/Liquor License to
Town Clock Inn, Chi-Chi's Mexican Restaurant, Hammerheads Bar/Billiards,
Goetz's, Best Western Dubuque Inn, Pusateri's, and Busted Lift; and Class uB"
Wine Permit to EconoFoods #471
RESOLUTION _-~ -~:~/~ Granting issuance of a Class "C" Beer Permit to
Dubuque Discount Gas (2), Oky Doky #8, and EconoFoods #471
Suggested Disposition: Adopt Resolutions
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
8
BOARDS/COMMISSIONS
INTERVIEWS for the following Boards/Commissions:
Building Code Board of Appeals {2 Vacancies): Chuck Carr (General Contractor); Richard
Luchsinger (At-Large)
Community Development Advisory Commission (4 Vacancies): James Giesen (At-Large);
Charles Isenhart (Census Tract #1) ~
Environmental Stewardship Advisory Commission (2 Vacancies): Art Sunleaf .~
APPOINTMENTS to the following Boards/Commissions:
Environmental Stewardship Advisory Commission (2 Vacancies): Leslee Spraggins
9
ACTION ITEMS
Dubuque Golf and Country Club - Stop Sign Change Request
City Manager recommending approval of a request from the Dubuque Golf and
Country Club to reassign the right-of-way to Bradley Street at Rider, and to place
an additional stop sign for northbound vehicles on Perry at Rider.
ORDINANCE ~J Amending the Code of Ordinances of the City of
Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing
for the addition of a stop sign on Perry Street at Rider Street and a change of
designation at Rider Street and Bradley Street
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
~ Michalski
J ~ Nicholson
~/ Robbins
~/~ Buol
~/ Cline
j Duggan
J 0 Markham
Design Review Process - Town Clock Plaza
Communication from the Historic Preservation Commission requesting that they be
permitted to participate in the future design review process for improvements to
the Town Clock Plaza area.
Suggested Disposi~on: Receive and File; Council Decision
Nays
Michalski
Nicholson
Robbins
Buol
/ Cline
Duggan
/'~) Markham
10
=
Amendment to Building Code Demolition Districts
City Manager recommending an amendment to the Code of Ordinances pertaining
demolition permits,
ORDINANCE
~07 Amending Chapter 1 1 (Buildings and Building
Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4
pertaining to waiting period for demolition permits
Suggested Disposition: Receive and File; Motion B; Motion A
yes Nays
Michalski
Nicholson
~ ~)Robbins
Buol
Cline
Duggan
~ Markham
11
Loras College - Right-of-Way Construction Ordinance
City Manager recommending approval of a request from Loras College to utilize
public right-of-way to install a water supply line for their geothermal system for the
new Academic Resource Center.
ORDINANCE J ~/ Authorizing Loras College to construct a geothermal
water service
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
~ Michalski
/ Nicholson
(/~ Robbins
/ uo,
/ Cline
/ Duggan
~/ Markham
Hazard Mitiga6on Plan
City Manager recommending appointments to the Hazard Mitigation Plan Task
Force Committee.
Suggested Disposition: Receive and File; Approve; Council Appointment
~/Ayes Nays Michalski
/ Nicholson
// ,,_,. Robbi~
Buo,
~/'/ Cline
Dug.a.
/
COUNCIL MEMBER REPORTS
12
ITEMS TO BE SET FOR PUBLIC HEARING
Oak Street Sanitary Sewer
City Manager submitting documents-- providing for construction of the Oak Street
Sanitary Sewer Extension Project.
RESOLUTION _~5 'O/~ Preliminary approval of plans and specifications for
project in estimated amount of 8112,344.65
RESOLUTION 3
March 5, 2001
RESOLUTION
project
RESOLUTION
March 5, 2001
RESOLUTION
Fixing date of hearing on plans and specifications for
Preliminary approval of Resolution of Necessity for
Fixing date of hearing on Resolution of Necessary for
Approving preliminary Schedule of assessments
Ordering bids
Authorizing Eminent Domain proceedings to be
RESOLUTION _~'-~ ' O/
RESOLUTION ~' ~::2~/
initiated to acquire sanitary sewer easements for construction of the Oak Street
sanitary sewer
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/5/01
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
13
=
Allan J. Becker - Request to Vacate ~
City Manager recommending that a public hearing be set for February 19, 2001 to
consider a request from Allan J. Becker, representing Oarka Corp., a/k/a Hawkeye
Boat Sales & Service, Inc., to vacate a portion of Kerper Boulevard.
RESOLUTION /7//;2 '~J Approving plat of a portion of Kerper Boulevard {Lot 2A
of Bradley Place)
ORDINANCE
Bradley Place)
Vacating a portion of Kerper Boulevard (Lot 2A of
RESOLUTION z//J~OJ of Intent to dispose of City interest in Lot 2A of Bradley
Place, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A;
Public Hearing 2/19101
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
14
Area Residential Care, Inc. - Request to Vacate 0/
City Manager recommending that a public hearing be set for February lg, 2001 to
consider a request from Area Residential Care, Inc., to vacate a portion of Kerper
Boulevard.
RESOLUTION /-~ 'O/~ Approving plat of a portion of Kerper Boulevard (Lot
2A, Block 15, River Front Subdivision No. 3)
ORI~INANCE "~' "~ /
~c~ / Vacating a portion of Kerper Boulevard (Lot 2A,
Block 15, River Front Subdivision No. 3)
RESOLUTION ~'~// of Intent to dispose of City interest in Lot 2A, Block
15, River Front Subdivision No. 3, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A;
Public Hearing 2/19/01
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
15
J
Thomas Luksetich and Steve Smith - Request to VacateJ'~/i 1 ~
City Manager recommending that a public hearing be set for February 19, 2001, to
consider a request from Thomas Luksetich and Steve Smith to vacate a portion of
Kerper Boulevard.
RESOLUTION ~'~/-~:~/ Approving plat of a portion of Kerper Boulevard (Lot
2A, Block 15, River Front Subdivision No. 3)
ORDINANCE ~ - Vacating a portion of Kerper Boulevard (Lot 2A, Block
15, River Front Subdivision No. 3)
RESOLUTION of Intent to dispose of City interest in Lot~A,
Block
15, River Front Subdivision No. 3, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A;
Public Hearing 2/19/01
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Fiscal Year 2002 Annual Action Plan
City Manager recommending that a public hearing be set for February 26, 2001 to
consider the Fiscal Year 2002 Community Development Block Grant Annual Action
Plan.
RESOLUTION ~/~-~2~/ Setting a public hearing on the Program Year 2001
(Fiscal Year 2002) Community Development Block Grant (CDBG) Budget
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/26/01
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
16
St
City Manager recommending that a public hearing be set for February 19, 2001, to
consider a proposed lease agreement between the City and United Rentals, Inc.
RESOLUTION zZ'~/~ of Intent to dispose of an interest in real property by
lease with United Rentals, Inc.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/19/01
w
Ayes Nays
Michalski
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Amendment to Stout Place Urban Revitalization District (Iowa Inn Project) ~/~
City Manager recommending that a public hearing be set for Monday, March 5,
2001 to consider amending the Stout Place Urban Revitalization Plan (Iowa Inn
Project).
RESOLUTION ~'~2~/' Setting a public hearing on a proposal to amend City
of Dubuque Ordinance #12-98 Establishing the Stout Place Urban Revitalization
Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/5/01
ye~ . Nays
/~/~Michalski
L-/Nicholson
· Robbins
Buol
Cline
Duggan
j' Markham
17
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which
are of concern to that person and which are not an agenda item. Please take your place
at the microphone and state your name and address clearly. Proceed with your
comments; however, no formal action may be taken at this time on your comments
because of the notice requirements of the Iowa Open Meetings Law.
Motion to go into closed session at
Nays
Michalski
/~/.~ Nicholson
/~c?-~ Robbins
7~) Buol
C
line
Duggan
//' Markham
CLOSED SESSION
PropertY Acquisition (Iowa Code Chapter 21.5(t)(j)
Motion to adjourn at ~,~;'//~:~
Ayes Nays
(~Michalski
Nioho. lson
Robb~ns
Buol
~ Cline
Duggan
Markham
18