2 4 02 Skeleton SheetCITY COUNCIL SPECIAL SESSION, FEBRUARY 4, 200~
COUNCIL MET IN SPECIAL SESSION AT 5:00 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, CON
CITY MANAGER MICHAEL VAN'MILLIGEN, CORPORATION COUNSEL BAR... -.-DAHL
ABSENT: ~ i 0 ~
Mayor Duggan read the call and stated this is the special session of the City Council
called for the purpose of discussing Port of Dubuque Design Standards
Adjourn Special Session
Ayes Nays
~ Connors
D
uggan
Markham
J Michalski
Nicholson
/~Buol
Cline
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
CITY COUNCIL REGULAR SESSION, FEBRUARY 4, 2002
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
CONNO~S,
MARKH~, MICH, A~LSKI, NICH~SON
CITY MANAGER MICHAEL~V/AN MILLIGEN, CORPORATION COUNSEL B~/AARRY LINDAHL
ABSENT:
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: Deacon Paul Peckosh, St. Raphael's Cathedral
2
CONSENT ITEMS
.~es Nays
Connors
// ,,,-~ puggan
// ~arkham
/ Michaiski
· Nicholson
/ /;) uol
/ L/Cline
Minutes Submitted
Building Code Board of Appeals of 1/17; City Council of 1/21; Electrical Code Board of
1/14; Five Flags Commission of 1114; Historic Preservation Commission of 1/17;
Housing Commission Trust Fund of 1/24; Human Rights Commission of 11/5/01 and
12/10/01; Investment Oversight Commission of 1/17; Park and Recreation Commission
of 12/11; Transit Board of 1/10; Zoning Board of Adjustment of 1/24
Proof of publication of City Council proceedings of 12/27 and 1/7; proof of publication of
list of claims and summary of revenues for the month ending November 30, 2001
Investment Oversight Commission submitting their 35th quarterly report.
Substance Abuse Services Center Second Quarter Report for Fiscal Year 2002.
Suggested Disposition: Receive and File
Notice of Claims/Suits
Frederick D. White in undetermined amount for property damage.
Suggested Disposition: Receive and File; Refer to Legal for Investigation/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: Farm
Bureau Mutual Insurance for vehicle damage/personal injury and Carol Ernst for vehicle
damage.
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending settlement of the claim of David P. Draper for
vehicle damage in the amount of $629.04 and that the Finance Director be directed to
issue payment.
Suggest~ed Disposition: Receive and File; Finance Director to Issue Payment
3
m
Highway 20 Landscaping Project- Agreement for STP Funding
City Manager recommending approval of an agreement with the Iowa Department of
Transportation for Phase II of the Highway 20 landscaping project in the amount of
$100,000.
RESOLUTION ~'~2~--/Appmval of agreement for STP Funding
Suggested Disposition: Receive and File; Adopt Resolution
2001 Certified Local Government (CLG) Annual Report
City Manager submitting the 2001 Certified Local Government (CLG) Annual Report as
required by the State Historical Society.
Suggested Disposition: Receive and File
2001 Curb Ramp Installation - CDBG No. 2 Project- Acceptance
City Manager recommending acceptance of the 2001 Curb Ramp Installation - CDBG
No. 2 Project in the final contract amount of $19,346.59 as completed by Superior
Construction.
RESOLUTION ~ ~-~/2~ Accepting improvement
RESOLUTION ~z/~ ~?~_~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
4
t
Locust Street Connector
City Manager recommending approval of a cooperative agreement between the City
and the Iowa Department of Transportation for reconstruction of the Locust Street and
the Locust Street Connector intersection
RESOLUTION ~.~=~Appmving Cooperative Agreement between the Iowa
Department of Transportation (IDOT) and the City of Dubuque relating to the
reconstruction of Locust Street and the Locust Street Connector
Suggested Disposition: Receive and File; Adopt Resolution
Penalties for Tobacco Permit Holdem
City Manager recommending that a hearing be set for February 18, 2002 to consider
assessing civil penalties against nine tobacco permit holders.
Suggested Disposition: Receive and File; Hearing 2118102
Annual Rental Survey
City Manager submitting the results of the Annual Rental Survey.
Suggested Disposition: Receive and File
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
5
10.
RISE Project Agreement- Chavenelle Road
City Manager recommending approval of a project agreement with the Iowa Department
of Transportation for RISE funding of street improvements for Chavenelle Road west of
Seippel Road in the Dubuque Industrial Center West.
RESOLUTION ~_~/-~2c~_~Approving an agreement for RISE funding with the Iowa
Department of Transportation relating to development of Chavenelle Road west of
Seippel Road in the Dubuque Industrial Center West
Suggested Disposition: Receive and File; Adopt Resolution
Mutual Aid Agreements - City of Dubuque, Dubuque County and Jo Daviess
County, Illinois
City Manager recommending approval of two mutual aid agreements for law
enforcement services between the City of Dubuque, Dubuque County, and Jo Daviess
County, Illinois.
RESOLUTION -.-~7~>'~-/Approving a Chapter 28E Multijudsdictional Law
Enforcement Agreement among the City of Dubuque, Iowa, Dubuque County, Iowa,
and Jo Daviess County, Illinois
RESOLUTION ~'~"~..//Approving a Chapter 28E Multijurisdictional Drug
Enforcement Agreement among the City of Dubuque, Iowa, Dubuque County, Iowa,
and Jo Daviess County, Illinois
Suggested Disposition: Receive and File; Approve Agreements
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
6
11.
12.
13.
14.
15.
McFadden Property - Acceptance of Deed
City Manager recommending acceptance of property from Vincent McFadden and
Louella McFadden for the extension of Chavenelle Drive.
RESOLUTION ~.~/4~;2_.~ Accepting the deed to certain real estate in Dubuque
County, Iowa from Vincent McFadden and Luella McFadden
Suggested Disposition: Receive and File; Adopt Resolution
Enterprise Zone Commission
Appointment of the City Manager to the Enterprise Zone Commission for a three year
term ending on February 15, 2005.
Suggested Disposition: Council Appointment
U.S. Department of Housing and Urban Development
Communication from Roy Bernardi of the U.S. Department of Housing and Urban
Development regarding an application for America's River Museum funding in the
amount of $1,000,000~
Suggested Disposition: Receive and File; Council
State of Iowa Department of Public Defense
City Manager providing a response to a communication from Ellen Gordon, State of
Iowa Department of Public Defense, Emergency Management Division about eligibility
for public assistance projects.
Suggested Disposition: Receive and File
Dubuque County Board of Supervisors
Communication of City Manager to Donna Smith, Dubuque County Board of
Supervisors, advising that the City supports the application of Cottingham and Butler for
a Historic Property Rehabilitation Tax Exemption for the Town Clock Building.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
7
16.
Marine Fuel Tax Grant Agreement for Riverfront Boat Pier at Port of Dubuque
City Manager recommending of a Marine Fuel Tax grant application for construction of
the riverfront boat pier at the Po~t of Dubuque.
RESOLUTION /~2~-~ Authorizing application for Marine Fuel Tax Grant for
construction of riverfront boat pier
Suggested Disposition: Receive and File; Adopt Resolution
17.
Business Licenses
RESOLUTION ~/J'~ Granting issuance of a Class "C~ Beer Permit to Molo
Oil; Dubuque Discount Gas and Lee's 76/West Locust Mart
RESOLUTION./~---~2 ~ Granting issuance of a Class "B~ (Hotel/Motel) License
to Dubuque Inn Corporation and Class "C' Beer/Liquor License to Pusateds and
Dubuque Mining Company
Suggested Disposition: Adopt Resolutions
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
8
BOARDS/COMMISSIONS
Interviews for the following Board:
Housing Code Appeals Board (Two three year terms expiring 1/11/05 -Hannan and
Sampson)
Applicants: Tom Hannan, Robert L. Sampson
9
PUBLIC HEARINGS
Bond Sale to Support Main Street Reconstruction Project
Proof of publication on notice of hearing to consider the issuance of $1,000,000
General Obligation Bonds and City Manager recommending that the City institute
proceedings to take additional action on the issuance.
RESOLUTION ~/~-~2~ Instituting proceedings to take additional action for the
issuance of not to exceed $1,000,000 General Obligation Bonds
RESOLUTION ~'//~'/~-~' Directing the advertisement for sale of $1,000,000
General Obligation Bonds, Series 2002B
Suggested Disposition: Receive and File; Adopt Resolutions
~yes Nays
Connors j
~ Duggan~'
///) Markham
~'~ Michalski
//~jNicholson
~ ~" Buol
/~. Cline
/
10
Rezoning Request of Dennis and Lori Ansel
Proof of publication on notice of hearing to consider rezoning property located at 2001
Rockdale Road from R-1 Single Family residential District and C-2 Neighborhood
Commemial District to CS Commercial Service and Wholesale District and Zoning
Advisory Commission recommending denial of the claim (from October 16, 2000
meeting where item was tabled).
ORDINANCE XA Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code ~ Ordinances by reclassifying hereinafter described property located
at 2001 Rockdale Road from R-1 Single Family District and C-1 Neighborhood
Commercial District to CS Commercial Servica and Wholesale .District
, /,,y .~ ~'V ,~/ Duggan ,~H~ ~ ~/"
| ~/V' ^ ,~ // Markham
~Vu ,l/k~ /1 ~ Michaiski
·
11
Hazard Mitigation Plan Task Force
Proof of publication on notice of headng to consider the City's Hazard Mitigation Plan as
developed by the Hazard Mitigation Plan Task Force and City Manager recommending
adoption of the Plan.
Suggested Disposition: Receive and File; Adopt Plan
Connors
/ Duggan
/ /--t'¥1.arkham
/ ~Nhchalski
/ Nicholson
/ Buol
/~ O Cline
Cottingham and Buffer - Easement
Proof of publication on notice hearing to consider disposing of City interest under a
portion of Main Street between 8~ and 9th Street in the City of Dubuque, Iowa to
Cottingham and Butler, Inc. and City Manager recommending approval.
RESOLUTION /-~.~5 ~'~-~Disposing of an interest in real property b~
Security Partners, L.P., an iowa Limited Partnership s
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
~/ Connors
// Duggan
/~ Markham
/ Michalski
/ ,,~Nicholson
/ C ine
12
ACTION ITEMS
Greater Dubuque Development Corporation Progress Report
Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation,
presenting a verbal progress report.
Suggested Disposition: Receive and File
A~s Nays
Connors
Duggan
/~. Markham
_Michalski
/~Nicholson
/
/ g/Chne
13
=
White Street Reconstruction Project
City Manager recommending that the preliminary schedule of assessments for the
White Street Reconstruction Project be amended for final adoption at the public hearing
on February 18, 2002; and that a public hearing be set for March 4, 2002 for the nine
property owners who did not receive the proper notice of the assessable project.
RESOLUTION ~-/~'-~ Amending the preliminary schedule of assessments for
the White Street Reconstruction
~ -F~'~,,~r n og~=,,o ~ ..... ~,, o
RESOLUTION ~-~ ~::~ of Necessity
RESOLUTION /-~,~-' Fixing date of hearing on Resolution of Necessity
RESOLUTION ~/~?~ ~-~ Approving preliminary schedule of assessments
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
314/02
~Ay~ Nays
Connors
Duggan
// Markham
/~ Michalski
~/ ~ Nicholson Buol
~/ Cline
14
=
Parking Meter Districts / ~,
City Manager recommending approvardf a nce to expand the meter district to
include both sides of Eighth Street, from Iowa Street to Locust Street, and both sides of
Main Street, from Fifth Street to Ninth Street.
,/
ORDINANCE X/~' Amending Section 32-336 of the City of Dubuque Code of
Ordinances, establishing the Municipal Parking Meter District by adding both sideS of
Eighth Street from Iowa Street to Locust Street and both sides of Main Street from Fifth
Street to Ninth Street
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
=
Iowa League of Cities Annual Conference
City Manager requesting that a City Council Member be designated as a liaison for the
Iowa League of Cities Annual Conference Bid for 2005 or 2006.
Suggested Disposition: Receive and File~; Council Appointment ~
15
U.S. Highway 20 Signal Improvements - STP Agreement
City Manager recommending approval of a cooperative agreement with the Iowa
Depa~,,ent of Transportation for Surface Transportation Program funding relating to
the realignment of University Avenue from Ethel Street to U.S. Highway 20
RESOLUTION ~ ~--'~2 ~,~Approving Cooperative Agreement between the Iowa
Department of Transportation (DOT) and the City of Dubuque relating to the
realignment of University Avenue from Ethel Street to U.S. Highway 20
Suggested Disposition: Receive and File; Adopt Resolution
Nays
Connors
Duggan
Markham
Michalski
Nicholson
/~) Buol
Cline
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
16
Council Member John Markman Appointment
Communication from Tom Bredeweg, Iowa League of Cities, appointing Council
Member John Markham to the Finance Administration a~nd Intergovernmental Relations
Policy Committee.
Suggested D~sposition: Receive and
~Ayes Nays
Duggan
Connors
Markham
, /'~'/~ Michalski
/ ~'~Nicholson
/ [ / uoi
/ "~ Cline
Council Member Ann Michalski Appointment
Communication from Tom Bredeweg, Iowa League of Cities, appointing Council
Member Ann Michalski to the Human Development Pol!~y/Committee.
Suggested Disposition: Receive and File NY ~
~es Nays
Connom
//~ Duggan
/~/Markham
~ Michalski
Nicholson
// Buol
/ ~.~ Cline
International Institute of Municipal Clerks
Communication from the International Institute of Municipal Clerks advising that City
Clerk Jeanne Schneider has achieved the status of Certified Municipal Clerk (CMC).
Suggested Disposition: Receive and File
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
17
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
2.
3.
4.
5.
6.
7.
Crescent Heights - Request to Va .cate - February 18, 2002
Mt. Carmel Sanitary Sewer Extension - February 18, 2002 --~
Fiscal Year 2003 Annual Action Plan - February 21, 2002
Rip Row Valley Ball Field Development - March 4, 2002
Rip Row Valley Utilities Extension I- March 4, 2002
Burlington Northern Railroad Depot Restoration Project- March 18, 2002
Woodward Museum Restoration Project- March 18, 2002
Motion: Receive and File Communications, Set for public hearing as recommended and
direct City Clerk to publish notice as required by law; Move 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 be finally passed be suspended and further move final
consideration and passage of the ordinance.
Crescent Heights - Request to Vacate
City Manager recommending that a public hearing be set for February 18, 2001 to
consider a request from Larry and Sharon McDermott to vacate a 20-foot wide utility
easement on Crescent Heights.
RESOLUTION ~/~ of Intent to dispose of interest and vacate utility easement
over Lots 40, 41 and 42 of Crescent Heights in the City of Dubuque, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/18~02
Ayes Nays
~ Connors
j Duggan
~ ~ Markham
.//~ Michalski
icholson
uol
Cline
18
Mt. Carmel Sanitary Sewer Extension
City Manager recommending acceptance of the Mt. Carmel Sanitary Sewer Extension
Project and that a public hearing be set for February 18, 2002 on the connection fees
for the sanitary sewer.
RESOLUTION ~--::~-~/Accepting improvement
RESOLUTION~-~'~ :~:~ _ Approving estimate
RESOLUTION~ ~ ~'/'-~2~ Adopting the preliminary schedule of final assessments
for the Mt. Carmel Sanitary Sewer Extension Project including certain information
required by the Code of Iowa, specifically, the number of annual installments into which
assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the Clerk to certify the final schedule and to
publish notice thereof
RESOLUTION ~-~ Providing for notice of the date, time and place for a
public hearing on an Ordinance establishing a schedule of connection fees for the Mt.
Carmel Sanitary Sewer Extension Project within the City of Dubuque, Iowa
ORDINANCE ~['~X Establishing the Mt. Carmel Sanitary Sewer Extension
Project and a schedule of fees for the connection of property to said sewer
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/18102; Motion
Ayes Nays
/~ Conners
?~ Duggan
'/ 'Markham
~/~ Michalski
~//~)Nicholson
~L~' Buol
Cline
19
=
Fiscal Year 2003 Annual Action Plan
City Manager submitting the City's Fiscal Year 2003 Annual Action Plan and
recommending that a public hearing be set for February 18, 2002 to consider the Plan.
RESOLUTION~-~:~Setting a public hearing on the Program Year 2002 (Fiscal
Year 2003) Community Development Block Grant (CDBG) Annual Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2121/02
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Rip Row Valley Ball Field DevelOpment
City Manager recommending initiation of the bidding process for demolition and grading
of the ball field site of the Rip Row Valley development and that a public hearing be set
for March 4, 2002.
RESOLUTiON.~"~-~_~Preliminary approval of plans and specifications
RESOLUTION~-~'~-~Setting date of headng on plans and specifications
RESOLUTION ~-c~~ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
314/02
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
2O
=
Utilities Extension - Rip Row Valley
City Manager recommending initiation of the bidding process for the Rip Row Valley
Utilities Extension Project and that a public hearing be set for March 4, 2002.
RESOLUTION ~::~:2~-~Preliminary approval of plans and specifications
RESOLUTION~J~:~Setting date of hearing on plans and specifications
RESOLUTION ~'~:~YOrdering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3~4~02
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
=
Burlington Northern Railroad Depot Restoration Project - Initiate
City Manager recommending initiation of the bidding process for Train Depot
Restoration Project and that a public hearing be set for March 18, 2002.
RESOLUTIOI~/~ ~-~Preliminary approval of plans and specifications
RESOLUTION~//-~;:~Setting date of hearing on plans and specifications
RESOLUTION ~"~?'~ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3118102
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
21
=
Woodward Museum Restoration Project- Initiate
City Manager recommending initiation of the bidding process for Woodward Museum
Restoration Project and that a public hearing be set for March 18, 2002.
RESOLUTION ~*~'/~,~ Preliminary approval of plans and specifications
RESOLUTION ~ ~',~ Setting date of hearing on plans and specifications
RESOLUTION ~:~'/-~,~Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3118102
Ayes Nays
Connor~
Duggan
Markham
Michalski
Nicholson
Buol
Cline
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are
of concem 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.
CLOSED SESSION
Acquisition of Property- Iowa Code Chapter 21.5(1)(j)
Motion to go into closed session at '~ ~ ,~
~yes Nays
Connors
/ Duggan
~-~Markham
/'~llichalski
(~_ Nicholson
j ~'~ Cline
Motion to adjourn at.
Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
23