01 12 17 Agenda with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, DECEMBER 17, 2001
5:00 P.M. - DINNER - LIBRARY ROTUNDA
5:30 P.M. - SPECIAL MEETING - EDUCATION AND CONFERENCE CENTER DESIGN
6:30 P.M. - REGULAR MEETING - LIBRARY AUDITORIUM
INVOCATION
Sister Margaret Jungers, OSF, Director of Shalom Retreat Center
CONSENT ITEMS (See Pages 8 - 16)
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
BOARDS/COMMISSIONS
Interview for the following Board/Commission:
Human Rights Commission (Three vacancies for terms through 1/'1/05 - Blau, Determan,
and Sutton)
Applicants: Sr. Corine Murray, PBVM; Lou Oswald; Bill Ross
Appointment to the following Commission:
Environmental Stewardship Advisory Commission (One unexpired term through
10/01/04)
Applicant: John Nemmers
Overview List Bd and Corem List Human Rights Apps ESAC Application
PUBLIC HEARINGS
SUSPEND THE RULES
3030 Brunskill Road - Rezoning Request
Proof of publication on notice of hearing to consider rezoning property located at 3030
Brunskill Road from PUD Planned Unit Development District to R-1 Single-Family
Residential District as requested by Paula Behr, American Realty/Patzer Investments,
LLC, and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 3030
Brunskill Road from PUD Planned Unit Development District to R-1 Single-Family
Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Brunskill - ZAC Ltr Brunskill - Staff Brunskill - Conditiona Brunskill - Ordinance
Repod: Use
Behr Application Brunskill Ltr Brunskill Hap
Dubuque Yacht Basin Lease Amendments
Proof of publication on notice of hearing regarding amendments to three lease
agreements between the City and Dubuque Yacht Basin to extend the termination dates
and City Manager recommending approval.
Communication from Art Gilloon, representing the Dubuque Yacht Basin, clarifying the
Lease Amendments and Public Works Director Mike Koch confirming that the City
agrees with the clarification.
RESOLUTION Approving Fourth Amendment to Lease Agreement (April 8, 1970)
between Dubuque Yacht Basin, Inc., and the City of Dubuque
RESOLUTION Approving Second Amendment to Lease Agreement (February 5, 1974)
between Dubuque Yacht Basin, Inc., and the City of Dubuque
RESOLUTION Approving Fourth Amendment to Lease Agreement (November 23,
1987) between Dubuque Yacht Basin, Inc., and the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
12/17/01
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Lease #2 Resolution #3 Lease #3 Gilloon Ltr Gilloon - Staff
Response
Main Street Opening from 5th to 9th -- Award of Contract
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 opening of Main Street from 5thStreet to 9th Street to Portzen Construction, Inc.,
m the amount of $1,864,870.39.
Communication from Thomas G. Bond, Dubuque TV Limited Partnership, expressing
opposition to the proposed assessment to his property at 744 Main Street.
Communication from Michael J. Kielty, Banner Investments, in opposition to the
proposed street assessment for his property at 799 Main Street.
Communication of David W. Leifker regarding Town Clock Plaza.
Communication from property owners (13) in support of re-opening Main Street and
their proposed assessments.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Amending preliminary schedule of assessments for Main Street
Reconstruction Project - 5th to 9th Streets
RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for
the Main Street Reconstruction, 5th to 9th Streets
RESOLUTION Awarding contract to Portzen Construction, Inc. in the amount of
$1,864,870.39
Suggested Disposition: Receive and File; Adopt Resolutions
Main St - MVM Mem( Main St - Staff Memc Resolution #1 Resolution #2 Resolution #3
Resolution #4 Main Assessments Bond Ltr Kielty Ltr Leitker Ltr Main St Petition
REINSTATE THE RULES
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ACTION ITEMS
Iowa Friends of Extension Award
Beverly Berna and Ellen Spurlock, Field Specialists from the Dubuque County
Extension Office, to present David Harris and Joleen Patterson with Iowa Friends of
Extension Award.
Suggested Disposition: Receive and File
8erna Ltr
Sanitary Sewer Connection Policy
City Manager recommending approval of revisions to the City's policy for establishing
limits on sanitary sewer connection costs.
Suggested Disposition: Receive and File; Approve
Sewer - MVM Memo Sewer - S~aff Memo San Sewer Policy
Jaeger Subdivision No. 2 - Final Plat
City Manager recommending approval of the final plat of Jaeger Subdivision No. 2 with
conditions.
RESOLUTION Approving Lots 3 and 4 of Block 5, Lots 4 through 10 of Block 6, Lot D of
Block 6, and Lots 1 through 15 of Block 7 of Jaeger Heights Subdivision No. 2, in the
City of Dubuque, iowa
Suggested Disposition: Receive and File; Adopt Resolution
Jaeger - MVM Memo 3aeger - Staff Memo Jaeger - Staff )aeger - Resolution
Report
3aeger Application 3aeger Map
Transition for the Imposition of Taxes and Annexation Areas
Communication from Corporation Counsel Barry Lindahl regarding the transition for the
imposition of taxes after property has been annexed to the City.
Communication from Art and Karen Rokusek, Kim Sanford, and TOm and Charlotte
Pfeiffer regarding the imposition of property taxes.
4
Suggested Disposition: Receive and File; Concur
Staff Ltr Rokusek Ltr
Ice Harbor Urban Renewal District
City Manager recommending adoption of a Resolution of Necessity finding that an
Amendment to the Urban Renewal Plan for the Ice Harbor Urban Renewal District is
necessary.
RESOLUTION of Necessity finding that an amendment to the Urban Renewal Plan for
the Ice Harbor Urban Renewal DiStrict is necessary in the interest of the residents of the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ice Harbor - MVM Ice Harbor - Staff Ice Harbor -'
Memo Memo Resolution
Port of Dubuque - Brownfieids Assessment Demonstration Pilot Program
City Manager recommending approval of an application to the U.S. Environmental
Protection Agency for participation in the Brewnfields Assessment Demonstration Pilot
Program for the Port of Dubuque area.
RESOLUTION Authorizing the filing of a proposal for the Brownfields Assessment
Demonstration Pilot Program for environmental assessments in the Port of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Brownfields - MVM Brownfields - Staff Brownfields - Brownfields Port of Dubuque PUE Attachments
Memo Memo Resolution Narrative
Stormwater Management - Drainage Basin Plan and Stormwater Management
Plan
City Manager recommending adoption of the City of Dubuque Drainage Basin Master
Plan (DBMP) and authorization to prepare Requests for Proposals for a corridor study
to establish the alignment of the Bee Branch basin flood control channel.
RESOLUTION Adopting the City of Dubuque Drainage Basin Master Plan, authorizing a
Request for Proposals for a corridor study to establish the alignment of the flood control
channel recommended in the Drainage Basin Master Plan
Suggested Disposition: Receive and File; Adopt Resolution
5
Stormwater - MVM Stormwater - Staff Stormwater
Memo Memo Resolution
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
White Street Reconstruction Project - Initiate
City Manager recommending initiation of the bidding process for the White Street
Reconstruction Project and City Manager recommending that a public hearing be set for
January 21,2002.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION of Necessity
RESOLUTION Fixing date of hearing on Resolution of Necessity
RESOLUTION Approving preliminary schedule of assessments
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
1/21/02
White St - MVM White St - Staff White St - White St - White St CIP
Memo Memo Resolutions Assessments
Jaycee Trail - Initiate
City Manager recommending initiation of the bidding process for the Jaycee Trail
Project and City Manager recommending that a public hearing be Set for January 21,
2002.
RESOLUTION 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
1/21/02
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Trail - MVM Memo Trail - Staff Memo Trail - Resolutions Trail Map
Port of Dubuque Utility Relocation Project Phase II - Initiate
City Manager recommending initiation of the bidding process for the Port of Dubuque
Utility Relocation Project Phase II and City Manager recommending that a public
hearing be set for January 21,2002.
RESOLUTION 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
1121102
Utility - MVM Memo Utility - Staff Memo Utility - Resolutions
Watermain and Road Extension from Chavenelle Road at Radford Road to the
Industrial Park
City Manager recommending that a public hearing be set for January 21, 2001on the
acquisition of land to construct the Chavenelle Road Watermain Extension and for the
extension of Chavenelle Road.
RESOLUTION Setting a time and place for public hearing on a proposed public
improvement project to construct the Chavenelle Road watermain extension and to
acquire property for the extension of Chavenelle Road, and to acquire agricultural land
for the project
City Manager recommending approval of a Purchase Agreement with Vincent and
Louella McFadden for acquisition of property for the extension of Chavenelle Road and
watermain extension.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1/21/02; Approve Purchase Agreement
McFadden - MVM McFaddens - Staff Chavenelle - Staff Chavenelle - Chavenelle - Notice
Memo Memo Memo Resolution
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CONSENTITEMS
Minutes Submitted
Airport Commission of 11/26; Cable Community Teleprogramming Commission of 12/4;
City Council of 12/3 and 12/10; Civil Service Commission of 11/16 and 12/11;
Community Development Advisory Commission of 11/15; Electrical Code Board of 12/3;
Historic Preservation Commission of 11/15 and 12/10; Housing Commission of 11/27;
Housing Commission Trust Fund of 11/29; Zoning Advisory Commission of 12/5; Zoning
Board of Adjustment of 11/29
Printed Council Proceedings for October, 2001.
Proof of publication for City Council Proceedings of November 13 and 19, 2001 and List
of Claims and Summary of Revenues for month ending October 31,2001.
Finance Director submitting the Financial Reports for the month ending November 30,
2001.
Suggested Disposition: Receive and File; Approve as Printed
Airport Cable TV Civil Service 11 I6 Civil Service 12 11 Council of 12 03 Council of 12 10
CDAC Electrical Code Bd HPC 11 15 HPC 12 10 Housing Zoning Advisory
Zoning Bd of Adj Council Proceedings
Notice of Claims/Suits
Kelly Davis in estimated amount of $512.00 for vehicle damage; Farm Bureau
Insurance in undetermined amount for personal injury and property damage of Earl
Hinzmann; James Schumacher in estimated amount of $983.29 for vehicle damage;
Robert Wild in undetermined amount for property damage
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: Kelly
Davis for vehicle damage; Cada Deutmeyer for personal injury; Dubuque Rescue
Mission for property damage; Dubuque Thunderbirds d/b/a Dubuque Hockey, Inc. for
property damage; Kenneth Metz for vehicle damage; James Schumacher for vehicle
damage
8
Corporation Counsel recommending settlement of the claim of Theresa Northouse in
the amount of $84.80 and that the Finance Director be authorized to issue a check in
that amount.
Corporation Counsel recommending denial of the claim of Virginia Bird for vehicle
damage.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Check
Claims - ICAP Claims - Settled Claims - Denied
Grant Agreement with Northeast Iowa School of Music
City Manager recommending approval of a grant agreement with Northeast Iowa School
of Music as part of the Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve Agreement
Grant - MVM Memo Grant - Staff Memo Grant Agreement
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Firefighter.
Suggested Disposition: Receive and File; Make a Matter of Record
Firefighter
Multi-Unit Housing Assessment
Communication of City Manager to area legislators requesting that they oppose
legislation on multi-unit housing assessments.
Suggested Disposition: Receive and File
MVM
9
City Hall Interior Remodeling Project - Acceptance
City Manager recommending acceptance of the City Hail Interior Remodeling Project in
the final contract amount of $80,945.32
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $80,945.32
Suggested Disposition: Receive and File; Adopt Resolutions
Interior - HVF[ Mem¢ Interior - Staff Memo Interior - Resolutions
City Hall Exterior Remodeling Project - Acceptance
City Manager recommending acceptance of the City Hall Exterior Remodeling Project in
the final contract amount of $308,356.21.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $308,356.21
Suggested Disposition: Receive and File; Adopt Resolutions
Exterior - HVM Hem( Exterior - Staff Exterior -
Hemo Resolutions
Walker and Oneida Street Storm Sewer Replacement Project - Acceptance
City Manager recommending acceptance of the Walker and Oneida Street Storm Sewer
Replacement Project in the final contract amount of $121,343.97.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $121,343.97
Suggested Disposition: Receive and File; Adopt Resolutions
Walker - MVM Memc Walker - Staff Memo Walker - Resolutions
10
Dubuque Regional Airport Air Service Building ADA Improvements - Acceptance
City Manager recommending acceptance of the Dubuque Regional Airport Air Service
Building ADA Improvements Project in the final contract amount of $37,850.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $37,850
Suggested Disposition: Receive and File;Adopt Resolutions
Airport - MVM Memo Airport - Staff Memo Airport - ResoJuUons
10.
Sanitary Sewer Reconstruction - Alley Between Rhomberg and Garfield from
Dock to Fengler Project - Acceptance
City Manager recommending acceptance of the Sanitary Sewer Reconstruction - Alley
Between Rhomberg and Garfield from Dock to Fengler Project in the final contract
amount of $104,713.82.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $104,713.82
Suggested Disposition: Receive and File; Adopt Resolutions
Sewer - MVM Memo Sewer - Staff Memo Sewer - Resolutions
il.
Fifth Street Ramp Improvements Project - Acceptance
City Manager recommending acceptance of the Fifth Street Ramp Improvements
Project in the final contract amount of $415,062.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $415,062
Suggested Disposition: Receive and File; Adopt Resolutions
Ramp - MVM Memo Ramp - Staff Memo Ramp - Resolutions
11
12.
Supplement No. 53 to the Code of Ordinances
City Manager recommending adoption of Supplement No. 53 to the Code of
Ordinances.
RESOLUTION Adopting Supplement No. 53 to the Code of Ordinances
Suggested Disposition: Receive and File; Adopt Resolution
Code - MVM Memo Code - Staff Memo Code Resolution
13.
Clark's Subdivision No. 2 - Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Clark's
Subdivision No. 2 as requested by the City of Dubuque.
RESOLUTION Approving the Plat of Survey of Clark's Subdivision No. 2 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Clark's - ZAC Lb' Clark's Application
Clark's - Staff Memo
Clark's - Resolution
14.
Riprow Valley - Recreational Trails Grant
City Manager recommending approval of the submission of a grant application for
Recreational Trail Funds in the amount of $247,096 for acquisition of land for the
Riprow Valley Recreational Area.
RESOLUTION Authorizing a grant application to the Iowa Department of Transportation
for Recreational Trails Funds for acquisition of land in the Riprow Valley
Suggested Disposition: Receive and File; Adopt Resolution
Riprow - MVM Memo Riprow - Staff Memo Riprow - Resolution Riprow Map
15.
Historic District Design Guidelines Grant Agreement
City Manager recommending approval of a PreservatiOn Services grant agreement for
the Historic District Design Guidelines Manual.
Suggested Disposition: Receive and File; Approve
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16.
17.
18.
19.
Guidelines - MVM Guidelines - Staff Natl Trust Ltr
Hemo Memo
Hughes Court Subdivision - Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Hughes
Court Subdivision as requested by Schneider Land Surveying.
RESOLUTION Approving the Plat of Survey of Hughes Court Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Hughes Ct - ZAC Ltr Hughes Ct - Staff Hughes Ct - Hughes Ct
Memo Resolution Application
550 May Place - Demolition Permit Request
Zoning Advisory Commission recommending approval of a request from Loras College
to demolish property located at 550 May Place to provide parking for proposed student
housing.
Suggested Disposition: Receive and File; Approve
550 Hay - ZAC Ltr 550 May - Staff 550 Play Pictures Loras Ltr - May Place
Repor~
1504 Henion Street- Demolition Permit Request
Zoning Advisory Commission recommending approval of a request from Loras College
to demolish property located at 1504 Henion Street to provide parking for proposed
student housing.
Suggested Disposition: Receive and File; Approve
1504 Henion - ZAC 1504 Henion - Staff :~504 Henion Pictures Lores Lb' - ~.594
Lb' Henion
1490 Henion Street - Demolition Permit Request
Zoning Advisory Commission recommending approval of a request from Loras College
to demolish property located at 1490 Henion to provide parking for proposed student
housing.
Suggested Disposition: Receive and File; Approve
13
20.
2i.
1490 Henion - ZAC 1490 Henion - Staff 1490 Henion Pictures Loras Ltr - 1490
Ltr Henion
1470 Henion Street - Demolition Permit Request
Zoning Advisory Commission recommending approval of a request from Loras College
to demolish property located at 1470 Henion Street to provide parking for proposed
student housing.
Suggested Disposition: Receive and File; Approve
1470 Henion - ZAC 1470 Henion - Staff 1470 Henion Pictare~ Loras Ltr - 1470
Ltr Henion
Routley Center - Irrevocable License
City Manager recommending approval of a request from Lowell Routley for an
irrevocable license to install an entrance ramp and steps at the 13th Street side of the
Routley Center to facilitate access to two entrances.
Suggested Disposition: Receive and File; Approve
RouUey - MVM Memo Routley - Staff Memo Routley - License Routley Ltr
22.
Human Rights Commission 2001 Annual Report
Communication from the Human Rights Commission submitting their 2001 Annual
Report.
Suggested Disposition: Receive and File
Human Rights Memc Human Rights Repod
23.
Series 2001 General Obligation Bond Sale
City Manager recommending the issuance of $9,500,000 General Obligation Bonds,
Series 2001 in support of the America's River Project.
RESOLUTION Appointing Wells Fargo Bank Iowa, National Association of Des Moines,
Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement
14
RESOLUTION Authorizing and providing for the issuance of $9,500,000 General
Obligation Bonds, Series 2001, and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
200~. Bonds - MVM Reso]ution #! Resolution #2 Noth Lb'
Memo
24.
Series 2002 General Obligation Bond Sale
City Manager recommending the issuance of $2,860,000 General Obligation Bonds,
Series 2002 in support of the America's River Project.
RESOLUTION Appointing Wells Fargo Bank Iowa, National Association of Des Moines,
Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement
RESOLUTION Authorizing and providing for the issuance of $2,860,000 General
Obligation Bonds, Series 2002, and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
2002 Bonds - MVM Resolution #1 Resolution #2 Noth Ltr #2
Memo
25.
Ruscilli/McGraw-Hill Subordination Agreement
Corporation Counsel recommending approval of a Subordination Agreement as
submitted by National City Bank as provided for in the Development Agreement with
Ruscilli Development Co., Ltd. and the McGraw-Hill Companies, Inc.
Suggested Disposition: Receive and File; Approve Agreement
BAL Letter Agreement
26.
Dubuque County Law Enforcement Center - Irrevocable License
City Manager recommending approval of a request from Prism Corporation on behalf of
Dubuque County for an irrevocable license to install a tie-back system beneath Central
Avenue. Note: Hard copy of materials will be delivered on Friday.
Suggested Disposition: Receive and File; Approve
15
26.
Business Licenses
RESOLUTION Granting issuance of a Class "B" Beer Permit to UAW Local #94 and
Class "C" Beer Permit to Iowa Potato and Produce House and IOCO Speede Shoppe
RESOLUTION Granting issuance of a Class "LB" (Hotel/Motel) Liquor License to
Hoffman House Restaurant/3100 Club, Julien Inn, and Holiday Inn Five Flags; and
Class "C" BeedLiquor License to Michael's Bar X, Ryan House, Ten Pin Tap, The
Moracco, The White House, Copper Kettle, The Fannie Stout House, and Pepper
Sprout
Suggested Disposition: Adopt Resolutions
Resolution #1 Resolution #2
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
December 13, 2001
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