3 4 02 Skeleton Sheet & CallCITY COUNCIL SPECIAL SESSION, MARCH 4, 2002
COUNCIL MET IN SPECIAL SESSION AT 5:30 P.M. IN THE LIBRARY AUDIT~)RIUM
PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, CONNORS,
MARKHAM, MICHael-SKI, NICHO~Z~ON
CITY MANAGER MICHAEL VANMILLIGEN, CORPORATION COUNSEL BARRY/I~NDAHL
/
/
ABSENT:
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 Conference and Education Center.
Aye~ Nays
Duggan
/ Markham
/Michalski
Nicholson
~/Buol
Cline
~ Connors
Adjourn Special Session
~es Nays
Duggan
CITY COUNCIL REGULAR SESSION, MARCH 4, 2002
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
..~s~..; ~o. ~.. cou.c,.,,=,,~uo~, c~, co.-./o.s,
MARK.~. M,C~LSK,..,C.~SO.
ciTY MARAGER MIC.~L/V~ MiL.GE., CO..ORATIO. COU.S~8~R¥ LI.D~.L
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: PASTOR TIM JESKE, DUBUQUE BIBLE CHURCH
CERTIFICATE OF APPRECIATION FROM THE
ASSOCIATION -
JE COUNTY FIREFIGHTERS
2
CONSENTITEMS
~yes Nays
~)uggan
~/ ~arkham
~ichalski
~ Nichoison
Buol
Cline
Connors
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
J
Minutes Submitted
City Council of 2/4, 2/6, 2/14, 2/18, 2/20, 2/21 and 2/25; Civil Service of 2/3; Five Flags
of 1/14; Library Board of 11/29 and 12/20; Plumbing Board of 2/14
Proofs of publication of City Council Official Proceedings for 2/4, 2/6 and 2/14
Suggested Disposition: Receive and File
NolJce of Claims/Suite
Christine M. Gross in estimated amount of $2,059 for vehicle damage; Christine Kuhle
in estimated amount of $179.55 for vehicle damage; John Noel in undetermined amount
for property damage; Bernard Weber in estimated amount of $12.99 for property
damage; Lois Wubben in estimated amount of $88.37 for vehicle damage; James
VanVors in undetermined amount for personal injury; Jennifer Ziagler in estimated
amount of $375.00 for personal injury
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
3
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:
Christine Gross for personal injury/vehicle damage
Corporation Counsel recommending settlement of the claim of Randy Rath for vehicle
damage in the amount of $662.10 and that the Finance Director issue payment.
Corporation Counsel recommending that the claim of L & I Building Company for loss of
revenue be forwarded to Port. zen Construction, Inc. for further processing.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Payment
Citizen Communications
Communication from John Schreiber regarding the cable service rate increase.
Communication of residents on Oak Street regarding the constant flow cf dump trucks
disposing of their loads on the end of Oak Street.
Suggested Disposition: Receive and File; Refer to City Manager
Legislative Correspondence
Communication of City Manager to State Representative George Eichhorn requesting
support of HF 2290 regarding the tax rate at the Dubuque Greyhound Park & Casino.
Suggested Disposition: Receive and File
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connore
4
America's River- EDI Special Purpose Grant
City Manager recommending approval of the admission of an Economic Development
Initiative (EDI) Special Project Grant application to the U.S. Department of Housing and
Urban Development for the America's River Museum on behalf of the Dubuque County
Historical Society.
RESOLUTION ~;~/~'~-~ Authorizing the filing of an Economic Development Initiative
(EDI) Special Project Application for the America's River Museum on behalf of the
Dubuque County Historical Society
Suggested Disposition: Receive and File; Adopt Resolution
Iowa Department of Transportation
Communication from the Iowa Department of Transportation advising that the State
proposes to let a U.S. 20 bridge deck joint repair project on the bridge between
Dubuque and East Dubuque.
Communication from the Iowa Department of Transportation advising of 2002 Public
Input Meetings around the State.
Suggested Disposition: Receive and File
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connora
5
am
J
10.
11.
State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Dubuque
Young Men's Christian Association Building at 125 West Ninth Street has been listed in
the National Register of Historic Places.
Suggested Disposition: Receive and File
Mediacom
Communication from Kathy McMullen, Area Manager of Mediacom, regarding the
discontinuation of high-speed Internet service to subscribers.
Suggested Disposition: Receive and File
Key City Investment Company
Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal
for property owned by Key City Investment Company located at 75 John F. Kennedy
Road.
Suggested Disposition: Receive and File
Iowa League of Cities
Communication from the Iowa League of Cities advising that the City of Dubuque was
not selected to host the 2005 or 2006 Iowa League of Cities Annual Conference and
Exhibit and soliciting a bid for the 2007 Annual Conference.
Suggested Disposition: Receive and File
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
6
12.
13.
14.
Plat of Survey - Cypress, Wall and Washington Streets and Adjacent Alleys
City Manager recommending approval of the plat of survey of Cypress, Wall and
Washington Streets and adjacent alleys in response to a State requirement.
RESOLUTION /~ - ~ ~j Approving plat of survey of a portion of Cypress, Wall,
and Washington Streets and adjacent alleys
Suggested Disposition: Receive and File; Adopt Resolution
2000 Curb Ramp Installation - CDBG - Acceptance
City Manager recommending acceptance of the 2000 Curb Ramp Installation - CDBG
Project in the final contract amount of $32,906.30
RESOLUTION
RESOLUTION/~c~-~
Accepting improvement
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Salina Street Reconstruction - Acceptance
City Manager recommending acceptance of the Salina Street Reconstruction Project in
the final contract amount of $511,108.97.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
RESOLUTION/'/~ Adopting the final assessment schedule for the Salina
Street Reconstruction 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
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Duggan
Markham
Michatski
Nicholson
Buol
Cline
Connors
7
15.
16.
17.
t8.
Five Flags Study
City Manager recommending approval of the selection of CSL International to conduct
the feasibility study and a community survey related to the Five Flags Center.
Suggested Disposition: Receive and File; Approve
Fiscal Year 2003 - 2007 Capital Improvement Program
Long Range Planning Advisory Commission advising that they have reviewed the Fiscal
Year 2003 - 2007 Capital Improvement Program and find it to be consistent with the
City's Comprehensive Plan.
Suggested Disposition: Receive and File
28E Agreement for Fiber Optic Cable Relocation
City Manager recommending approval of a 28E Agreement with Dubuque County for
the fiber optic cable relocation project.
RESOLUTION//~ Approving a 28E Agreement with Dubuque County, Iowa for
loan funds for fiber optic cable relocation
Suggested Disposition: Receive and File; Adopt ResOlution
Supplement No. 54 to the Code of Ordinances
City Manager recommending adoption of Supplement No. 54 to the City of Dubuque
Code of Ordinances.
RESOLUTION.~:~ Adopting Supplement No. 54 to the Code of Ordinances
of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
8
19.
20.
¸21.
iowa Department of Transportation
Communication from Mayor Terry Duggan to Mark Wandro, Iowa Department of
Transportation, regarding the future of IA32.
Suggested Disposition: Receive and File
Iowa-Northwestern Development Company
Corporation Counsel recommending acceptance of the deed to certain real estate in
Dubuque County, Iowa from Iowa-Northwestern Development Company.
RESOLUTION/~ Accepting the deed to certain real estate in Dubuque
County, Iowa from Iowa-Northwestem Development Company.
Suggested Disposition: Receive and File; Adopt Resolution
Downtown Rehabilitation Loan Agreement - Guy Gard and Ellen Willis
City Manager recommending approval of an amendment to the Downtown
Rehabilitation Loan Agreement for Guy Gard (356 Main Street) and Ellen Willis (372
Main Street) to allow additional loans for temporary shoring.
RESOLUTION//~.~4~ Approving an amendment to the Downtown
Rehabilitation Loan Agreements for Guy Gard (356 Main Street) and Ellen Willis (372
Main Street)
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Duggan
Markham
Michalski
Nichoison
Buol
Cline
Conners
9
22.
23.
24,
Stormwater Management Community Planning Processes
Long Range Planning Advisory Commission requesting that the City Council appoir~
Commissioner Charles VVinterwood as the Chairperson for the Bee Branch Corridor
Study citizen input group and Commissioner Mike Portzen to lead the stormwater utility
citizen input group.
Suggested Disposition: Receive and File; Council Appointment
GASB 34
City Manager recommending approval of Vimhow, Krause & Company for GASB 34
Planning and Implementation Assistance.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION .//~:~ -~.~ranting issuance of a Class 'C~ Beer Permit to Clark
Retail Enterprises, Inc.
RESOLUTION /j//-'-~Granting issuance of a Class "B" (Hotel/Motel)
Beer/Liquor License to Days Inn and Class "C' Beer/Liquor License to Galaxies, P.J.'s
and the Yardarm
Suggested Disposition: Adopt Resolutions
Nays
Duggan
Markham
~/~Michalski
Nicholson
Buol
Cline
/ Connors
~0
/
BOARDS/COMMISSIONS
Interviews for the following Commission:
Community Development Advisory Commission: Three vacancies - Census Tract 2;
Census Tract 5 (term of Dan Shireman); At-Large (term of Walter Pregler)
Applicants: Census Tract 5 - Dan Shireman; At-Large - Waiter Pregler
11
PUBLIC HEARINGS
SUSPEND THE RULES
A~/~~ Nays
Duggan
M.arkham
/ Cline
/~ Connors
White Street Reconstruction Project
Proof of publication on notice of hearing and City Manager recommending adoption of
the Resolution of Necessity for additional properties.
RESOLUTION,/,~'~>~Vith respect to the adoption of the Resolution of Necessity
proposed for the White Street Reconstruction - 21st to 32nd Street Project
Suggested Disposition: Receive and File; Adopt Resolution
yes Nays
/~ Duggan
/~) M.arkham
~ M,chalski
/× ~)Nicholson
/ ~,/Buol
/~ Cline
/~ Connors
12
Amendment to the Riverfront Plan: Port of Dubuque Master Plan
Proof of Publication on Notice of Headng and Long Range Planning Advisory
Commission recommending that the City Council adopt an amendment to the
Riverfront Plan to include the Port of Dubuque Master Plan.
RESOLUTION J~'_~-~Amendment of Riverfmnt Plan to include Port of
Dubuque Master Plan
Suggested Disposition: Receive and File; Adopt Resolution
~ ./~ i , Duggan
/,~ ~.~r~-- ~ ~ichalski
~ ~ ~ ~icholson
~ ~ Cline
Connors
13
Amendment to the Ice Harbor Urban Renewal District: Master Plan and Design
Standards
Proof of publication on notice of headng and City Manager recommending adoption of
an Amendment to the Urban Renewal Plan for the Ice Harbor Urban Renewal District.
Communication from the Long Range Planning Advisory Commission recommending
approval of the proposed amended and restated Urban Renewal Plan for the Ice Harbor
Urban Renewal District.
RESOLUTION ~x~-J ~/'~_.~ Approving the amended and restated Urban Renewal
Plan for the Ice Harbor Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
14
Expansion of Giese Manufacturing, Inc. at the Dubuque Industrial Center West
Proof of publication on notice of hearing to consider disposing of an interest in real
property to Giese Properties, EEC. and the Giese Manufacturing Company, Inc., and
approval of a Development Agreement.
RESOLUTION ~/~/'~.~-~.~ Approving a Development Agreement Providing for the
Sale of Property in the Dubuque Industrial Center West in the City of Dubuque, Iowa, to
Giese Properties, EEC.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Duggan
~Michalski
Nicholson
/~Buol
~..~Cline
~ Connors
15
Riprow Valley - Utility 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
for the Riprow Valley - Utility Extension Project to Horsfield Construction, Inc. in the
amount of $77,973.40.
RESOLUTION/~//~ = ~c>'~-~Adopting plans and specifications for the project ~/~:~'
RESOLUTION/~,/~_~,,~ Awarding contract to Horsfleld Construction, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
/
6. Riprow Valle Grading of Ballfield Site 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
for the Riprow Valley - Demolition and Grading of Ballfleld Site Project to Horsfield
Construction, Inc. in the amount of $108,928.15.
RESOLUTION/'/f"~C>~Adopfing plans and specifications for the project
RESOLUTION/'~/~>~ ~=~warding contract to Horafield Construction, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions ~//~
Duggan
Markham
Michalski
~/~icholson
/~)~uol
Cline
Connom
Ayes Nays
...~. Duggan
/, . Markham
/ /~Michalski
/ ~icholson
Connors
16
C.J. Bies Subdivision - Request to Vacate Utility Easement
Proof of publication on notice of hearing to consider a request from Tom Oster to vacate
a ten-foot wide utility easement in C.J. Bies Subdivision and City Manager
recommending approval.
RESOLUTION~"~-~/Disposing of interest and vacate utility easement over
Lots 4 and 5 of C.J. Bies Subdivision No. 2 in the City of Dubuque, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
~/ Duggan
/'~ Markham
~/ ~/_ Michalski
//~/Nichoison
/ ~" Buol
Cline
Connors
REINSTATE THE RULES
~es Nays
Duggan
/ Markham
~ Michaiski
//~,/~lichoison
/v Cline
Connors
17
ACTION ITEMS
John Osterhaus - Address the Council
Request of John Osterhaus, 2530 Elm Street, to address the Council regarding the
proposed drainage system. ,,.~ .,.,c/
Suggested Disposition: Receive and File ~
es Nays
Duggan
.~ Markham
~) MichalslO
Nicholson
Buol
/~Cline
L~/Connors
m
Quebecor- Memorandum of Understanding and CEBA Application
City Manager recommending approval of a Memorandum of Understanding between the
City and Quebecor and an application to the Iowa Department of Economic
Development for a major expansion of their Dubuque facility.
RESOLUTION ~-~. ~2~ Approving a Memorandum of Understanding with
Quebecor World Dubuque, Inc. for an expansion in Dubuque
RESOLUTION~-~'~2~>~ Authorizing the filing of a Community Economic
Betterment Account (CEBA) application on behalf of Quebecor World Dubuque, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Duggan
Markham
18
Fourth Street Parking Ramp Operation
City Manager recommending approval of operational protocol,
the Fourth Street Parking Ramp in anticipation of its June 1,
Suggested Disposition: Receive and File; Approve
Ayes Nays
6 / Duggan
· Markham
~',~.ichalski
_ Nichoison
, ' uoi
L-/Cline
Connors
Local Housing Assistance Program Funds
City Manager recommending approval of an application to the Iowa Department of
Economic Development for Local Housing Assistance Funds in the amount of $250,000
to assist Scott and Dawn Potter construct a 19 room SRO facility on Gadield Avenue.
Suggested Disposition: Receive and File; Approve
Ayes Nays
/ _ Duggan
/ /~) Markham
· V~Michalski
/~ /~/Nichoison
· v Buol
// Cline
~ Connors
COUNCIL MEMBERREPORTS
19
ITEMS TO BE SET FOR PUBLIC HEARING
1. Miller-Riverview Park Campsite Rewiring Project - April 1, 2002
2. Chicago Street Sanitary Sewer Project- April 1, 2002
3. Oak Street Sanitary Sewer Project- April 1, 2002
4. Fengler Street Bridge - Initiate - April t, 2002
5. Chavenelle Road Extension - Initiate - April 1, 2002
A~es Nays
Duggan
Markham
~'~/Nicholson
o',
~' Connors
Miller-Riverview Park Campsite Rewiring Project
City Manager recommending initiation of the bidding process for the Miller-Riverview
Campsite Rewiring ProJect and setting a public hearing for April 1, 2002.
RESOLUTION~:~:~Preliminary approval of plans and specifications
RESOLUTION ~--~-~ Fixing date of hearing on plans and specifications
RESOLUTION~:~'~Ordedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/1/02
Chicago Street Sanitary Sewer Project
City Manager recommending acceptance of the Chicago Street Sanitary Sewer
Reconstruction Project in the final contract amount of $93,178.80 and further
recommending that a public headng be set for April 1, 2002 on the connection fees for
the sanitary sew~,~
RESOLUTION ~-~- Accepting improvement
RESOLUTION ~ ~:~ Approving estimate
20
RESOLUTION//~/*~:~,~ Adopting the preliminary schedule of final assessments
for the Chicago Street Sanitary Sewer Extension Project
RESOLUTIONf~:~-~/Providing for notice of the date, time and place for a
public hearing on an Ordinance establishing a schedule of connection fees for the
Chicago Street Sanitary Sewer Extension Project within the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/1102
m
m
Oak Street Sanitary Sewer Project
City Manager recommending acceptance of the Oak Street Sanitary Sewer
Reconstruction Project in the final contract amount of $93,738.94 and further
recommending that a public headng be set for Apdl 1, 2002 on the connection fees for
the sanitary sewer.
RESOLUTION ~ ~' Accepting improvement
RESOLUTION~~ Approving estimate
RESOLUTION ~//~~ Adopting the preliminary schedule of final assessments
for the Oak Street. ~a~tary Sewer Extension Project
RESOLUTION~-4~ Providing for notice of the date, time and place for a
public hearing on an Ordinance establishing a schedule of connection fees for the Oak
Street Sanitary Sewer Extension Project within the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/1102
Fengler Street Bridge - Initiate
City Manager recommending initiation of the bidding process for the Fengler Street
Bridge Reconstruction Project and setting a public hearing for April 1, 2002.
RESOLUTION ~./~.~,l~ 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
4/1102
Chavenelle Road Extension - Initiate
City Manager recommending initiation of the bidding process for the Chavenelle Road
Extension Project and setting a public hearing for April 1, 2002.
21
RESOLUTION ~ ~z_ Preliminary approval of plans and spemficatlons
RESOLUTION ~/~//~ ~:~-'~Fixmg date of hearing on plans and specifications
RESO~UTI~O~N ~c~-~Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/1102
es Nays
Duggan
~, Markham
~Michalski
Nicholson
/~ Buol
iL/ Cline
~// Connors
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.
Jeanne F. Schneider
February 28, 2002
22
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, MARCH 4,, 2002, AT 6:30 P.M., IN THE
LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY
COME BEFORE THE COUNCIL.
MAYOR
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL A SPECIAL SESSION OF THE CITY
COUNCIL TO BE HELD ON MONDAY, MARCH 4, 2002, AT 5:30 P.M. IN THE
LIBRARY AUDITORIUM FOR THE PURPOSE OF DISCUSSING THE CONFERENCE
AND EDUCATION CENTER DESIGN.