6 17 02 Skeleton SheetCITY COUNCIL SPECIAL SESSION, JUNE 17, 2002
COUNCIL MET !" SPECIAL SESSION AT 5:30 P.M. I" THE LIBR~ RY A~/DITORIUM
PRESENT: MAYOR D(IGGAN, COUNCIL MEMBERS BUOL, CLI/INE, CONNORS,
CITY MANAGER MICHAE~AN MILLIGEN; CORPORATION COUNSEL BARRY LINDAHL
ABSENT:
Mayor Duggan read the call and stated this is a special session of the City Council
called for the purpose of discussing Owner Occupied Affordable Housing Committee
Report
Nays
Nicholson
(~ Buol
Cline
Connors
Duggan
Markham
/ ~ichalski
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
Adjourn
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
CITY COUNCIL REGULAR SESSION, JUNE 17, 2002
COUNCIL MET IN REG,~_AR SESSION AT~30 P.M./IN THE LI~RY A,~/DITORIUM
PRESENT~ MAYOR D[I~GGA", C~)UNCIL MEMBERS~BUOL, CLINE, CON"0RS,
MARK!~M, MICH~J~SKI, NICH~LSON /~
CITY MANAGER MICHAEL VAN'MILLIGEN, CORPORATION COUNSEE BARRY LINDAHL
ABSENT:
Mayor Duggan read the call and stated this is a special session of the City Council
called for the purpose of discussing such mattem which may properly come before the
City Council.
INVOCATION: Reverend Merlin Schlichting, Pastor, St. Peter Lutheran Church
2
CONSENT ITEMS
¥es Nays
£~ Nicholson
(~ Buol
v Cline
/~ Connors
/~ ,~Duggan
7///~Markham
/ ~ Michalski
Minutes Submitted
City Council of 6/3 and 6/10; Civil Service of 5/8; Electrical Code Board of 5/20; Historic
Preservation Commission of 5/16; Mechanical Board of 5/23; Park and Recreation
Commission of 5/14; Zoning Board of Adjustment of 5/23
Proofs of publication of City Council Proceedings for May 6 and 20, 2002; and List of
Claims and Summary of Revenues for month ending April 30, 2002.
Finance Director submitting the City of Dubuque Financial Reports for the month ending
May 31, 2002.
Suggested Disposition: Receive and File
=
Notice of Claims/Suits
Robert Clement in estimated amount of $145.03 for vehicle damage; Cottingham and
Butler in estimated amount of $89.95 for vehicle damage; Jason Duehr in estimated
amount of $3,600 for vehicle damage; Nell Kelley in estimated amount of $10,000 for
property damage; Nell Nelson in estimated amount of $15,000 for personal injury;
Dubuque Bank and Trust vs. Richard White, City of Dubuque, Housing Services
Department, Dupaco Community Credit Union, Appliance Furniture Rent All and State
of Iowa
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Cottingham and Butler (for Jeanne Heinzelman) for personal injury; Jason Duehr for
vehicle damage; and Nell E. Kelley for property damage; Kenneth A. and Jane Lange in
undetermined amount for vehicle damage.
Corporation Counsel recommending settlement of the claim of Marissa Schultz in the
amount of $511.40 for vehicle damage and directing the Finance Director to issue
payment.
Corporation Counsel recommending that the claim of Cindy Frommelt for vehicle
damage be forwarded to Porlzen Construction.
3
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Check
Citizen Communications
a) Communication from Brian J. Kane expressing appreciation for the City's efforts in
controlling storm water in the Admiral Street area.
b) Communication from a north-end citizen regarding street repair projects in the City.
c) Communication from Mary Sack, 1700 Key Way Drive, regarding the intersection of
Keyway and Pennsylvania.
d) Communication from Ken Kringle, Bluff Street Neighborhood President, requesting
permission to install ornamental historic lighting between First, Second and Bluff Streets
(drawing included as hard copy).
Suggested Disposition: Receive and File; Refer to City Manager
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
4
Civil Service Commission
Civil Service Commission submitting the certified list for the positions of Medical Officer
and Police Officer.
Suggested Disposition: Receive and File; Make a Matter of Record
m
895 West 32"d Street - Acceptance of Deed
Corporation Counsel recommending that the City accept the deed for property located
at 895 West 32nd for the West 32nd Street Detention Basin Improvement Project.
RESOLUTION .~ ='~/Accepting the deed to certain real estate in Dubuque
County, Iowa from Karen E. Maury
Suggested Disposition: Receive and File; Adopt Resolution
Tobacco Compliance - Cops in Shops
City Manager recommending approval of a 28E Agreement between the Police
Department and the Iowa Alcoholic Beverages Division for the Cops in Shops program.
Suggested Disposition: Receive and File; Approve
Fiscal Year 2003 Annual Action Plan
City Manager recommending approval of a proposed change to the City's Community
Development Block Grant Fiscal Year 2003 Annual Action Plan to provide additional
funding for the Washington Neighborhood Tool Library.
RESOLUTION ~'"~?O.~t~:~2=,~ Approving Amendment #1 to the Fiscal Year 2003
(Program Year 2002) Annual Action Plan for Community Development Block Grant
Funds
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
5
=
Purchase of Service Agreement- Operation: New View Community Action
Agency for Washington Neighborhood Tool Library
City Manager recommending approval of a Purchase of Service Agreement with
Operation: New View Community Action Agency for operation of the Washington
Neighborhood Tool Library.
Suggested Disposition: Receive and File; Approve
=
Vista Heights 2nd Addition - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Vista Heights
2nd Addition in Dubuque County as requested by Frank and Marilyn Ehrlich and Donald
Skelton.
RESOLUTION ,~z//''~ ~-'~Approving the final plat of Vista Heights 2"d Addition in
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
10.
Harbor View Place - Certificate of Completion
City Manager recommending issuance of a Certificate of Completion to Harbor View
Development LLC, the Developer of the Harbor View Place Project at 300 Main Street.
Suggested Disposition: Receive and File; Approve
11,
Request for Qualifications - Brewery Property
City Manager recommending approval of the issuance of a Request for Qualifications to
solicit qualified developers or development teams for the redevelopment of the former
Dubuque Star Brewery Building in the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
6
12.
Bell and Fifth Streets - Iowa Department of Transportation Agreement
City Manager recommending approval of an agreement between the City of Dubuque
and the iowa Department of Transportation (iDOT) for financial assistance relating to
the construction, landscaping, and amenities of Be~i Street and Fifth Street,
RESOLUTION ~.~-~?~Approving the agreement between the City of Dubuque
and the Iowa Department of Transportation for the Bell Street and Fifth Street
Construction
Suggested Disposition: Receive and File; Adopt Resolution
13.
Jackson and Locust Streets - Iowa Department of Transportation Agreement
City Manager recommending approval of an agreement between the City of Dubuque
and the Iowa Deparb~ent of Transportation (IDOT) for financial assistance relating to
the resurfacing of Jackson Street and West Locust Street.
RESOLUTION ,~E2c~.~ Approving the agreement between the City of Dubuque
and the Iowa Department of Transportation for the Jackson Street and West Locust
Street resurfacing
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Nicholson
Buol
Cline
Connom
Duggan
Markham
Michalski
7
14.
2002 Local Law Enforcement Block Grant Application
City Manager recommending approval of the 2002 Local Law Enforcement Block Grant
application to the Bureau of Justice Assistance.
Suggested Disposition: Receive and File; Approve
15.
City of Dubuque Representation
Communication from Corporation Counsel regarding the issue of conflict of interest and
the City's legal representation.
Suggested Disposition: Receive and File; Council Direction
16.
Iowa Utilities Board
Communication of City Manager Michael C. Van Milligen to the Iowa Utilities Board
regarding the electdc rate increase request of Intemtate Power and Light Company
(Alliant Energy Company).
Suggested Disposition: Receive and File
t7.
City Manager Employment Agreement
Submittal of the Te_~h Amendment to the City Manager's Employment Agreement for
approval. /
Suggested Disposition: Receive and File; Approve
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
8
18.
19.
Dubuque County Historical Society
Communication from the Dubuque County Historical Society requesting that the City
sponsor a grant application to the National Scenic Byways Program in the amount of
$475,500 to improve the exhibits at the Fred W. Woodward Riverboat Museum.
Suggested Disposition: Receive and File; Approve
Aquila
Communication from Marvin Oppedal, Director of Community Relations for Aquila,
advising of a rate increase request filed on June 3, 2002 with the Iowa Utilities Board.
Suggested Disposition: Receive and File
20.
Business Licenses
RESOLU'rlON ;~~'Granfing the issuance of eight renewal permits to sell
cigarettes and cigarette papers within the City
RESOLUTION ~/~--/Granting the issuance of a Class "B' Beer Permit to Pizza
Hut (2075 John F. Kennedy Road and 320 East 20th Street); Class "C' Beer Permit to
Kwik Stop Food Mart (1401 Central); and Class "BT Special Event 5-Day Event Permit
to Dubuque Jaycees
RESOLUTION r~4:2.~;~'~O~--~Granting issuance of a Class "C' Beer/Liquor License to
Fischer Lanes, B'Z Dart Inn, Paul's Tavern, American Legion ff~, and Knicker's Saloon;
and Class "B" Wine Permit to Ooh La La
Suggested Disposition: Adopt Resolutions
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
9
BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
Long Range Advisory Commission (Two 3-years terms to expire 711105 - terms of
Port?n and Rusk): ,/~,
Apphcante: Michael~, . .~E. en, David Rus~
Park and Recreafi~'l ~°mmiss,on (Two 3-year terms to expire
6130105
terms
of
Blocklinger and Schrobilgen).'~'
Applicants: Robert J. BIo~ker, Tom Blocklinger, Danita L.. Gal~li.cJk, Tom Schrobil~en~v-
Zoning Advisory Con~n~ission (Three 3-Year terms to ex'ire 711105 - terms of Christ,
Schlitz, Smith):
Applicants: Martha E. C~ist, Ferd Nesler, Richard J. Schlitz, Ron Smitb/~/
Zoning Board of Adjustment (One 5-year term to expire 3125107 - term of Beeler)
Applicant: William J. Felderman
Appointments to the following Commissions:
Electrical Code Board (Five 3-year terms/Five vacancies)
Applicants: James Dixon, Dan Hammel, Kevin Pfohl, David A. Pregler, Elaine L. Reiss
Ayes Nays
~/ Nicholson
/ _ e.u.o
~/~hne
Connors
/ Duggan
M.arkham
~mhalski
Environmentel Stewardship Advisory Commission {One ~-year youth term)
Applicant: Michael Hirsch
es Nays
Nicholson
~ O O~
Markham
Michalski
10
PUBLIC HEARINGS
SUSPEND THE RULES
t~: Nays
icholson
uol
Cline
/Connors
Duggan
Markham
~/~ Michalski
University of Dubuque - Request to Rezone
Proof of publication on notice of headng to consider rezoning property located on the
north side of U.S. Highway 20, 300 feet east of Devon Drive from PC Planned
Commercial District to ID Institutional District to allow construction of a new soccer field
and parking lot and Zoning Advisory Commission recommending approval.
ORDINANCE /---/,~"g~',~--~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located north of Dodge Street between Devon Ddve and Collins Street from PUD
Planned Unit Development District with a PC Planned Commercial Designation to ID
Institutional District and approving an amended Conceptual Development Plan for the
University of Dubuque
Suggested Disposition:
and File; Motion B; Motion A
Ayes Nays
/ _ Nicholson
//~) Buol
/ ~' Cline
/ Connors
Duggan
Markham
Michalski
11
Randy Davis - 840 Roosevelt Street - Request to Rezone (Tabled on 4/15102)
Proof of publication on notice of hearing to consider rezoning property located at 840
Roosevelt Street from R-1 Single Family Residential District to CS Commercial Service
and Wholesale District at the request of Randy Davis and Zoning Advisory Commission
recommending den~
ORDINANCE / ~ / [ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying property located at 840 Roosevelt
Street from R-1 Single Family Residential District to CS Commercial Service and
Wholesale District
Suggested Disposition: Remove from Table; Receive and File; Concur with
Denial or Motion B; Motion A
~/ ' Nays
. ~.,~u / L~, ~/Buol/.
, ~Y ~ /. Cline/ /
¢ 4 / / co..o./
~ ~ J.~. ~Markham
0
12
a
South Fork Sanitary Sewer - Phase III Connection Fees
Proof of publication on notice of hearing to consider an ordinance to establish the South
Fork Sanitary Sewer Project - Phase lit schedule of connection fees and City Manager
recommending approval,
ORDINANCE /~/' ~'~2c~-~Establishing a schedule of sewer connection fees for the
connection of property to the South Fork Sanitary Sewer Project - Phase lit
Suggested Disposition: Receive and File; Motion B; Motion A
,/
Ayes-,, Nays
,/~(~l~icholson
// Buol
Cline
Connom
Duggan
/ ///~) M.arkham
/ ~ M~chalski
13
Cable Franchise Lease Extension
Proof of publication on notice of hearing and City Manager recommending that the
existing cable services franchise and an existing hub site lease agreement with
MCClowa, LL.C. be extended to September 30, 2002.
ORDINANCE ~_~-~?-'~2c~,,-' Extending the term of the existing cable franchise
agreement and hub site lease of MCCIowa, EEC. to September 30, 2002
Suggested Disposition: Receive and File; Motion B; Motion A
AyeT~,~ Nays
,.- /'~/Nicholson
/ Buol
/ '" Cline
Conners
Duggan
Markham
Michalski
14
Dubuque County Historical Society
Proof of publication on notice of hearing and City Manager recommending approval of
the First Amendment to the Lease Agreement between the City of Dubuque and the
Dubuque County Historical Society.
RESOLUTION .~/'~'~'~,.-~--,/Disposing of an interest in real property by First
Amendment to Lease Agreement with the Dubuque County Historical Society
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
,~ Nicholson
J Buol
/ '- Cline
~ Connors
Duggan
/ Markham
? ~ Michalski
15
=
Woodward Museum Renovations 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 three of the
six components for the Woodward Museum Renovations Project and that the remaining
three components be rejected,
RESOLUTION _. Adopting plans and specifications for the project
RESOLUTION _ ./_ ~ _/~ ~Awarding contract to Renaissance Restoration, Inc.,
Rafoth Sheet Metal, Inc.,'and Simplex Grinnell, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
Nays
· Nicholson~-
~/~ Buol
~/Cline'" /
Connom /
Duggan
~ Markham
j Michalski
REINSTATE THE RULES
AYS.~,-'~ Nays
,/ [~ Nicholson
/ B...oi
/ "Chne
/ Connors
Duggan
Markham
Michalski
ACTION ITEMS
Penalties for Tobacco Permit Holders
Council consideration of assessing civil penalties against nine tobacco permit holders,
and the appeals against the Liquor Depot and McCann's IOCO to be tabled pending
/
legal
action.
/ .
Suggested D~spositio. n: Re~ive and File; Assess Penaltms; Table Two Appeals
/ ~ / /, Nicholson
/ ~ ' / Suo~
/ I/,~., ,/ Cline
I ~./J ~ Connors
I '/~I ~ /, Ouggan
t /' / /Il Markham
~ /' /~ Michalski
17
m
45 West 13"~ Street- Request for Demolition Permit
Historic Preservation Commission recommending approval of a request from Dubuque
Bank and Trust to demolish a structure located at 45 West 13th Street to provide parking
for the planned rehabilitation of the Bell Block and Ziel~echt Buildings (former Walsh
Store).
Communication from the State Historical Society of Iowa advising that the structure
located at 45 West 13th Street does not possess architectural or historical attributes that
would qualify it for listing in the National Register of Historic Places.
Suggested Disposition: Receive and File; Approve Demolition
Nays
Y~) Buol
Nicholson
~ Cline
// (.~Connors
Duggan
Markham
Michalski
=
1300 - 1322 Iowa Street- Request for Demolition Permit
Historic Preservation Commission recommending approval of a request from Dubuque
Bank and Trust to demolish a structure located at 1300 - 1322 Iowa Street (True Value)
to provide parking for the planned rehabilitation of the Bell Block and Ziep~fecht
Buildings (former Walsh Store).
Communication from the State Historical Society of Iowa advising that the structure
located at 1300 - 1322 Iowa Street does not possess architectural or historical
attributes that would qualify it for listing in the National Register of Historic Places.
Suggested Disposition: Receive and File; Approve Demolition
Nays
Nicholson
Buol
Cline
/~Connors
c/Duggan
Markham
Michaiski
18
Transmission Pole Relocation
City Manager recommending approval of the relocation of a major lattice structure
transmission pole to thirty feet north of its current location in the Port of Dubuque to
allow construction of the Bell Street Extension and the reconstruction of Pine Street.
Suggested Disposition: Receive and File; Approve
~yes Nays
_ Nicholson
/ /~Buol
/ ~' Cline
Connors
Duggan
/ Michalski
Convention and Visitors Bureau
Communication from the Convention and Visitors Bureau requesting that a second City
Council Member be appointed to the Convention and Visitors Bureau Advisory Board.
Suggested Disposition: Receive and File; Council Appointment
Appointed
Nays
Nicholson
Buol
/~) Cline
Connors
Duggan
COUNCIL MEMBER REPORTS
19
ITEMS TO BE SET FOR PUBLIC HEARING
1. 2002 Curb Ramp Installation - CDBG Project #1 for July 15, 2002
2. 2002 Maintenance Dredging Project - Ice Harbor Flood Control Gate Structure -
July 15, 2002
m
4.
5.
6.
Heritage Trail Extension Project-July 15, 2002
Bell Street and Fifth Street Construction Project- July 15, 2002
JacksOn Street and West Locust Street Resurfacing Project- July 15, 2002
Sale of City Lots - Napier Street - July 1, 2002
e~ I Nays
~(~l_icholson
Buol
· / Cline
/ Connore
~/ Duggan
/// Markham
/ /~ichalski
2002 Curb Ramp Installation - CDBG Project I
City Manager recommending initiation of the bidding process for the 2002 Curb Ramp
Installation - CDBG Project I and setting a public hearing for July 15, 2002.
_~//
RESOLUTION 5/~ Preliminary approval of plans and specifications
/ .~
RESOLUTION ~-~/~' ~/Fixing date of hearing on plans and specifications
RESOLUTION ~,2~ ~Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7/15102
20
2002 Maintenance Dredging Project - Ice Harbor Flood Control Gate Structure
City Manager recommending initiation of the bidding process for the Ice Harbor Flood
Control Gate Structure - 2002 Maintenance Dredging Project and setting a public
hearing for July 15, 2002.
RESOLUTION ~.~/~;~-~Preliminary approval of plans and specifications
RESOLUTION ~" ~- Fixing date of hearing on plans and specifications
R--
,-~OLUTION ,~-~"~ Ordedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7115/02
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
Heritage Trail Extension Project
City Manager recommending initiation of the bidding process for the Heritage Trail
Extension Project and setting a public hearing on the plans and specifications for July
15, 2002.
RESOLUTION~-~' ~2'~-~/Preliminary approval of plans and specifications
RESOLUTION~ ~ixing date of hearing on plans and specifications
RESOLUTION ~ ~,~rdedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7115102
Ayes Nays
Nicholson
Buol
Cline
Connore.
Duggan
Markham
Michalski
21
m
Bell Street and Fifth Street Construction Project
City Manager recommending initiation of the bidding process for the Bell Street and
Fifth Street Construction Project and setting a public hearing for July 15, 2002.
RESOLUTION .~._ ~- '~. ~ Preliminary approval of plans and specifications
RESOLUTION ~ ~. ~ Fixing date of hearing on plans and specifications
RESOLUTION .'_ rdedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7115~02
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
Jackson Street and West Locust Street Resurfacing Project
City Manager recommending initiation of the bidding process for the Jackson Street and
West Locust Street Resurfacing Project and setting a public hearing for July 15, 2002.
RESOLUTION ~5 ~ . ~ Preliminary approval of plans and specifications
RESOLUTION .... ~--~Fixing date of hearing on plans and specifications
RESOLUTION ~'._ ~ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7115~02
Ayes Nays
Nicholson
Buol
Cline
Connom
Duggan
Markham
Michalski
22
Sale of City Lots - Napier Street
City Manager recommending that a public hearing be set for July 1, 2002 to consider a
request from Robert J. Cartmill and Glenn and Georgia Bankson to purchase Lots 138
and 139 of Mechanic's Addition on the north side of Napier Street.
RESOLUTION ~' of Intent to dispose of City interest in Lots 138 and 139 of
Mechanic's Addition
RESOLUTION ~-:~-- Approving a plat of easement for storm and sanitary
sewers across Lot 138 and Lot 139 of Mechanic's Addition in the City of Dubuque,
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/1102
~~y~,~ Nays
Nicholson
~/ Buol
/ Cline
/ Connors
/ Duggan
j Markham
~ Michalski
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 cleady. 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.
Jeanne F. Schneider
June 13, 2002
23