5 20 02 Skeleton SheetCITY COUNCIL REGULAR SESSION, MAY 20, 2002
COUNCI~ MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLiNE, CONNORS,
MARKHAM, MICHALSKI, NICHOLSON
CITY MANAGER MICHAEL VAN MILUGEN, CORPORATION COUNSEL BARRY LINDAHL
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: Reverend Wayne A. Ressisr, Pastor of Nativity Catholic Church
Ayes Nays
Michaiski
Nicholson
Buol
Cline
Connors
Duggan
Markham
CONSENT ITEMS
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Minutes Submitted
Airport Commission of 4/29; City Council of 5/6; Civil Service Commission of 4/26;
Housing Commission of 4/23; Human Rights Commission of 4/8; Investment Oversight
Advisory Commission of 5/8; Park and Recreation Commission of 4/9; Plumbing Board
of 5/2; Transit Board of 4/18; Zoning Advisory Commission of 5/1; Zoning Board of
Adjustment of 4/25
Printed City Council Procccdings for January, 2002
Finance Director submitting the Financial Reports for the month ending Apdl 30, 2002
Investment Oversight Commission submitting the 36th Quarterly Report
Proof of publication of City Council Proceedings of 4/15/02; Proof of publication of List
of Claims and Summary of Revenues for the month ending Mamh, 2002
Suggested Disposition: Receive and File '<~ ~
Ayes Nays
/}" Michalski
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Notice of Claims/Suits
John Kivlahan in estimated amount of $262.50; The Adams Company vs. the City of
Dubuque and the City Council of the City of Dubuque; Dodds River Terminal, et al, vs.
the City of Dubuque and the City Council of the City of Dubuque
Suggested Disposition: Receive and File; Refer to Legal for InvestigafionfReport
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:
Jemj Turner for property damage
Corporation Counsel recommending approval of the claim of Dadene Millard in the
amount of $485.04 for vehicle damage and Finance Director to issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
Citizen Communications
Communication from Robert Byme and Cynthia Nelms-Bryne, The Main Gallery and
Studio, registering their objection to Mr. John Finn's request to have a permanent right
to expand outside the Busted Lift.
Communication from John Finn in support of his request to have an outdoor patio at
The Busted Lift and responding to concerns from neighbors.
Suggested Disposition: Receive and File; Refer to City Manager
Ayes Nays
Michalski
Nichoison
Buol
Cline
Connors
Duggan
Markham
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U.S. Department of Housing and Urban Development
Communication from the U.S. DepanYnent of Housing and Urban Development advising
that the City has been approved for a special project grant for Fiscal Year 2002.
Communication from the U.S. Department of Housing and Urban Development
regarding the on-site review of the City's Community Development Block Grant
Program.
Suggested Disposition: Receive and File
State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that The Grand Opera
House will be considered by the State National Register Nominations Review
Committee for nomination to the National Register of Historic Places.
Suggested Disposition: Receive and File
Iowa Governor's Traffic Safety Bureau Grant
City Manager recommending approval of the submission of a grant application to the
Iowa Governor's Traffic Safety Bureau in the amount of $19,640,
Suggested Disposition: Receive and File; Approve
Ayes Nays
Michalski
Nicholson
Buoi
Cline
Connors
Duggan
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Surface Transportation Board
Communication of City Manager Michael C. Van Milligen to the Surface Transportation
Board (STB) urging that the potential merger of the Dakota Minnesota and Eastern
Railroad (DME) and the I & M Rail Link be viewed as significant and engage a full
regulatory process when an application is submitted.
Suggested Disposition: Receive and File; Approve
t
Dubuque Industrial Center- Plat
City Manager recommending that the title of the Final Plat of Lots H, I & J of Dubuque
Industrial Center West be corrected to read "Lots H, I & J of Dubuque Industrial Center
West Third Addition" as requested by the Dubuque County Auditor's Office to avoid
duplicate subdivision names.
RESOLUTION Changing the name of final plat of Lots H, I and J of
Dubuque Industrial Center West in the City of Dubuque, Iowa
Suggested DispositiOn: Receive and File; Adopt Resolution
Patricia Ann Drive - Acceptance of Public Improvements
City Manager recommending acceptance of the public improvements completed by the
developer, Floyd S, Gudenkauf, in Patricia Ann Acres.
RESOLUTION .~ !~ -~2 ~'-Accepting improvements in Patricia Ann Acres
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Nays
Michalski
Nicholson
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10.
Iowa Department of Transportation - Woodward Museum
City Manager recommending approval of a Supplementary Agreement with the Iowa
Department of Transportation for the Woodward Museum (Freight House) Restoration
Project.
RESOLUTIO"
Authorizing a Supplemental Agreement with the Iowa
Department of Transportation for the Woodward Museum (Freight House) Restoration
Project
Suggested Disposition: Receive and File; Adopt Resolution
11.
Northwest Arterial - IDOT Agreement
City Manager recommending approval of a Pre-construction Agreement with the Iowa
Department of Transportation relating to the construction of Iowa 32 (Northwest Arterial)
from John F. Kennedy Road to US 52.
RESOLUTION ~ ~ - ~/~Approving Pre-Construction Agreement No. 99-4-
095C with the Iowa Department of Transportation relating to the construction of Iowa 32
(Northwest Arterial) from John F. Kennedy Road to US 52
Suggested Disposition: Receive and File; Adopt Resolution
12.
Harvest Business Center- Final Plat (Street Renaming)
City Manager recommending approval of the final plat of Harvest Business Center
(previously approved on March 18, 2002) as the developer has requested that the
odginat street name of Commerce Court be renamed to Meinen Court.
RESOLUTION ~ ~-~ ~/~ ~'
. Rescinding Resolution No. 169-02 and reaffirming the
final plat of Harvest Business Center, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Michalski
Nicholson
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13.
Fiscal Year 2003 Community Development Block Grant Program
City Manager recommending authorization of the publication of a Combined Notice of
No Significant Impact on the Environment and Notice of intent to Request Release of
Funds for Community Development Block Grant activities.
RESOLUTION ~ ~/~ - ~ 7~ Authorizing publication of the Combined Notice of No
Significant Impact on the Environment and Notice of Intent to Request Release of
Funds for certain Community Development Block Grant projects for Fiscal Year 2003
(Program Year 2002)
Suggested Disposition: Receive and File; Adopt Resolution
14.
Project Concern - Fiscal Year 2002 Amendment
City Manager recommending approval of an amendment to the Fiscal Year 2002
Purchase of Service Agreement with Project Concern.
Suggested Disposition: Receive and File; Approve Amendment
15.
Lead Based Paint Hazard Reduction Grant
Communication from the Community Development Advisory Commission
recommending support for the allocation of $60,000 of CDBG funds for Fiscal Years
2003, 2004 and 2005 for the Lead Based Paint Hazard Reduction Program.
Suggested Disposition: Receive and File
Ayes Nays
Michalski
Nicholson
Buol
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16.
Architectural Design Guidelines
The Historic Preservation Commission recommending approval of the Archi~ctural
Guidelines for Historic Structures.
Suggested Disposition: Receive and File; Approve
17.
Easement Agreement for Recreational Trail
City Manager recommending approval of an easement agreement with Interstate Power
and Light Company for the City to construct a recreational trail on their property.
Suggested Disposition: Receive and File; Approve
18.
Quebecor Enterprise Zone Agreement
City Manager recommending approval of an Enterprise Zone Agreement with the Iowa
Depadment of Economic Development for Quebecor World Dubuque, Inc. related to
Quebeco~s expansion on Kerper Boulevard.
RESOLUTION c~ ~ / ~ ~ ~ Approving an Enterprise Zone Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and
Quebecor World Dubuque, Incorporated
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Michalski
Nicholson
Buol
Cline
Conners
Duggan
Markham
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19.
McGraw Hill - Certificate of Completion
City Manager recommending the issuance of a Certificate of Completion to the
developer of the McGraw-Hill project acknowledging achievement of their obligation to
complete minimum improvements as stipulated in the Development Agreement,
Suggested Disposition: Receive and File; Approve
20.
Giese Manufacturing Company Development Agreement
City Manager recommending approval of a minor change in the Development
Agreement with Giese Manufacturing Company previously approved by Council for
construction of a 28,500 square foot facility rather than a 30,000 square foot facility.
Suggested Disposition: Receive and File; Approve
21.
Old Highway 20 Water Main Extension Project
City Manager requesting authorization to offer up to a maximum $10,000 early
completion bonus for the Old Highway 20 Water Main Extension Project to ensure the
project is finished prior to the Dubuque County Fair.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
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22.
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Lease Amendment
City Manager recommending City Council approval of an agreement in the Ice Harbor
between the Dubuque County Historical Society and Peninsula Gaming Company, LLC.
Suggested Disposition: Receive and File; Approve
23.
24.
Government Finance Officem Association
City Manager advising that the City's Comprehensive Annual Financial Report (CAFR)
for the fiscal year ended June 30, 2001 has qualified for a Certificate of Achievement for
Excellence in Financial Reporting from the Government ,Finance rOfficers Association ~ ~
Request of the Colts Drum and Bugle Corps to transfer their liquor license to Eagle
Point Park on June 8, 2002.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Michalski
/ Nicholson
Buol
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Duggan
Markham
PUBLIC HEARINGS
SUSPEND THE RULES
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Callahan Construction - Request to Rezone and Voluntary Annexation
Proof of publication on notice of headng to consider rezoning property located on
Seippel Road from County R-2 to City R-2 Two-Family Residential District, R-4 Multi-
Family Residential District, and CS Commemial Service and Wholesale Distdct in
conjunction with annexation and Zoning Advisory Commission recommending approval.
Zoning Advisory Commission recommending approval of the preliminary plat of
Callahan Subdivision with conditions and subject to annexation.
City Manager recommending approval of the annexation and certain components of the
request for assistance to build owner occupied affordable housing.
ORDINANCE ~ ~ Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by reclassifying hereinafter described property located
at 13000 block of Seippel Road from Dubuque County R-2 Rural Residential to City of
Dubuque R-2 Two-Family Residential District, R-4 Multi-Family Residential District and
CS Commemial Service and Wholesale District, concurrent with annexation
RESOLUTION ~ (~ Annexing certain territory to the City ~f Dubuque
Suggested Disposition: Receive and File~ofion B; Mofioh A; Adopt Resolution
25.
26.
Business Ucense Refund
Request of Chi-Chi's for a refund of the beer and liquor license in the amount of
$633.75.
Suggested Disposition: Receive and File; Approve Refund
Business Licenses ~ D~
RESOLUTION c~/~ -~ Granting the issuance of forty-four renewal permits to
sell cigarettes and cigarette papers within the City
RESOLUTION ~ ~ ~ ~ ~ 7~ Granting the issuance of a Class "B" Beer Permit (5-Day
Special Event) to Catfish Festival
RESOLUTION ~ ~'~ Granting issuance of a Class "A" (Club) Liquor license
to Dubuque Golf and Country Club and a Class "C" Beer/Liquor License to Breaktime
Bar & Grill; Tott's Tap; Underground, Bficktown, and Stonewall; and JaM~
Suggested Disposition: Adopt Resolutions/~~,, ~ 4/~ ~/~
Nlchoison ~ ~ ~,C '~
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BOARDS/COMMISSIONS
Interviews for the following Commissions:
Civil Service Commission (One four year term to expire 4/6106 - Kluesner)
Applicant: Loras Kluesner
Investment Oversight Commission (One term to expire 711105 - Spielman)
Applicant: Charles Spielman
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Ayes Nays
Michalski
Nicholson
Buol
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Ayes Nays
Michalaki
Nicholson
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Education and Conference Center- Bid Package ~!
Proofs of publication on notice of heating on plans and specifications, and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the Education and Conference Center - Bid Package #1 Project to Kraemer
Brothers in the amount of $1,597,000. ~ ~/~
RESOLUTION /7~ ~ '~ 7_~ Adopting plans and specifications for the project
~//RESOLUTION ~//~ ~' Awarding contract to KraemerBrothers ~/~
Suggested Disposition: Receive and File; Adopt Resolutions
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REINSTATE THE RULES
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ACTION ITEMS
Stormwater RFP Consultant Selection ~-?~__~
City Manager recommending that the team of Camp Dresser & McKee, working with
WHKS & Company, be retained to formulate and assist in the implementation of the
Stormwater Utility for the City of Dubuque.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Michalski
Nicholson
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Southern Hills Subdivision III - Final Plat
City Manager recommending approval of the final plat of Lots 1 - 25, inclusive, of Block
1 and Lot A of Southern Hills Subdivision III,
RESOLUTION c~'~'0 ~ Approving the final plat of Lots 1 - 25, inclusive, of Block
1 and Lot A of Southern Hills Subdivision III in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Michalski
Nicholson
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Purchase of Real Estate for Stormwater Detention
City Manager recommending approval of the purchase of a home located on West 32nd
Street for $99,000 and that the property be utilized as part of the expansion of the 32r~
Street Detention Cell.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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Code of Ordinances - Town Clock Plaza
City Manager recommending changes to the Code of Ordinances to delete references
to Town Clock Plaza in various sections of th~e~ode.
ORDINANCE ~ 7,, Repealing Ordinance No. 37-71 Designating and naming
portions of certain rights-of-way ~-I'own Clock Plaza"; amending the City of Dubuque
Code of Ordinances by repealing Section 9-19 Prohibiting dding a bicycle in Town Clock
Plaza; by amending Section 18-2 225-26 Prohibiting the use of live vegetation for
support of overhead conductor spans except in Town Clock Plaza by deleting the
reference to Town Clock Plaza; by repealing Chapter 31 Article VII Town Clock Plaza
prohibiting certain uses of Town Clock Plaza without a lease; by amending Section 32-
250(a) prohibiting certain nonmotorized vehicles in Town Clock Plaza and other plaCes
by deleting the reference to Town Clock Plaza; and by repealing Section 35-27
exempting Town Clock Plaza from the requirement for certain business licenses
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
Michalsid
Nicholson
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Interstate Power and Light Company Rate Case
City Manager requesting authorization to hire legal counsel to represent the City of
Dubuque in the Interstate Power and Light Company rate case to ensure that the
community's interests are represented.
Suggested Disposition: Receive and File; Approve
Ayes Nays
~ Michalski
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6. Mississippi Valley Truck Center, Inc.
City Manager recommending approval of the establishment of the fair market value and
commencement of negotiations for property in the Port of Dubuque.
~ RESOLUTION ~ ~ ~ ~(~-~stablishing Fair Market Value for the acquiSition of certain
~.~.~ real property owned by Mississippi Valley Truck Center, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Michalski
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Dubuque Area Chamber of Commerce - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with the
Dubuque Area Chamber of Commerce Convention and Visitors Bureau for Fiscal Year
2003 in the amount of $475,756 and to provide greater City Council involvement in
review of the marketing plan and budgeting process for the use of these City funds.
Suggested Disposition: Receive and File; Approve ~~~
Ayes Nays
~. Michalski
Nicholson
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Duggan
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Fourth Street Parking Ramp~Rate~
City Manager recommending aPproval of the parking rate fees for~oth monthly
parking and hourly rates for the Fourth Street Parking Ramp. /~~
Suggested Disposition: Receive and File; Approve
Ayes Nays
/ Michalski
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Community Partnership (cp2) Program - Fiscal Year 2003 Recommendation
City Manager recommending approval of the allocation of Fiscal Year 2003 Community
Partnership Program funds to the Gannon Center ($18,500), Hillcrest Family Services
($50,000), Northeast Iowa School of Music ($17,305) and Scenic Valley Agency on
Aging ($20,000).
RESOLUTION ~ ~O Authorizing the award of Community Partnership
Program (cp2) Funds for Fiscal Year 2003
Suggested Dispesiaon: Receive and File; Adopt Resolution
Ayes Nays
Michalski
~_~ Nicholson
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10. MWF PropertieslFelderman Business Partnership - Amend PUD (First Reading on
4/15/02; Second Reading on 5/6/02)
ORDINANCE /~/~- ~/-~ Amending Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances by amending the Conceptual Development Plan for
property located at the end of Raven Oaks Drive and currently zoned PUD Planned Unit
Development District with a PR Planned Residential Designation
Communication from Bob Felderman, Continental Realty & Felderman Appraisals, in
support of the proposed project.
Communication from Dominic Goodmann III, in support of the application of MWF
Properties and Felderman Business Partnership to amend the PUD Distdct on Raven
Oaks Drive.
Petitions in opposition to the proposed rezoning. /~~
Suggested Disposition: Receive and File; Motion A (Final Reading)
Ayes Nays
Michalski*
Nicholson
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11.
Expansion of Parking Meter District on 8th S~reet.and Main Street (First Reading
ORDINANCE ~ Amehding 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 Main Street to Locust Street and both sides of Main Street from Fifth
Street to Ninth Street . j._~_~ ~
F~I ; Motion B; Motion A
Suggested Disposition: Receive and ~'"~. ~ ~
Ayes Nays
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~Nicholson
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ITEMS TO BE SET FOR PUBLIC HEARING
Loras College - Request to Vacate - June 3, 2002
South Fork Phase III -Acceptance and Connection Fees -June 17, 2002
NOTE: Motion needs to include Motion B and Motion A
Ayes Nays
/ Michalski
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Loras College - Request to Vacate
City Manager recommending that a public hearing be set for June 3, 2002 to consider a
request from Loras College to vacate Helena Street and a portion of Henion Street.
RESOLUTION ~ "~/~P ~--Approving plat of proposed vacated Helena Street and a
portion of Henion Street
ORDINANCE /-//~/" ~) ~- Vacating Helena Street and a portion of Henion Street
RESOLUTION ~ '7 ~ - ~ ~--of Intent to dispose of City interest in Lots lA and 2A of
Hodgdon's Subdivision in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions Motion B; Motion A;
Public Hearing 6/3/02 ~-~ ~
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South Fork Phase Ill - Acceptance and Connection Fees
City Manager recommending acceptance of the South Fork Sanitary Sewer Extension
Project- Phase III in the final contract amount of $613,467.99 and that a public headng
be set for June 17, 2002 on the establishment of connection fees.
RESOLUTION ~ '~ ~ ~ ~Accepting the public improvement to the South Fork
Sanitary Sewer Project- Phase III
RESOLUTION ~. '~ ~ 0 ~- Approving final cost of the improvement to the South
Fork Sanitary Sewer Project - Phase III
RESOLUTION ~ '~'~ ~) ~ Providing for notice of the date, time and place of a
public heating on an ordinance establishing the South Fork Sanitary Sewer Project
Phase III and a schedule of connection fees
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6117102
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.
CLOSED SESSION
Motion to go into closed sessio~.~n'--~ with Chapter 21.5(1)(j) 2001 Code of Iowa to
discuss property acquisition/at~ ~ ~ -~
Ayes Nays
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Nays
Michalski
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