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8 5 02 Skeleton SheetCITY COUNCI, REGU,AR SESSION, AUGUST~, 2002 COUNCI, MET IN REG,U~R SESSION AT 6:30 P.M. I7HE LI,~RY AU~ORIUM PRESEN"~. MAYOI~ZD0'GGAN, .~.,,OUNCIL MEMBER~UOL, CLI~IE, CON~ORS'; MARKH/AM, MICH/ALSKI, NICI')OLSON/ /// CITY"ANAGER .IC.^E' VA.~.IL'IGE", COR,'O~TION COUNSE, ~.R',' / 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 property come before the City Council. INVOCATION: Sister Joy Peterson, President ofthe Sisters ofthe Presentation Responsible Gaming Education Week United Way Campaign Time CONSENTITEMS ,/A'~es ClineNays Connors /-~Duggan /,3/~arkham L~/Michalski /. Nicholson ' ~ Buol Minutes Submitted Airport Commission of 6/24 and 7/11; City Council of 7/15 and 7/23; Civil Service Commission of 7/2; Community Development Commission of 6/5; Electrical Code Board of 7/15; Five Flags Commission of 6/17; Housing Commission Trust Fund Committee of 7/18; Human Rights Commission of 6/19; Investment Oversight Commission of 7/25; Library Board of Trustee's of 4/25 and 5/23; Municipal Housing Agency of 7/15; Park and Recreation Commission of 7~9; Zoning Advisory Commission of 7/10 Printed Council Proceedings for March and Apdl. 2002. Finance Director submitting the Financial Reports for the month ending June 30, 2002. Proof of publication of City Council Proceedings for July 1, 2002. Quarterly report of the Dubuque Area Chamber of Commerce Convention and Visitors Bureau. Suggested Disposition: Receive and File; Approve as Printed 2 No6ce of Claims/Suite Paula Deiter in estimated amount of $249.10 for vehicle damage; Catherine Heinz in estimated amount of $3,942.75 for property damage; Monica Heri in estimated amount of $2,786.74 for vehicle damage; Kenneth and Jane Lange in undetermined amount for vehicle damage; James H. Jones in estimated amount of 672.74 for vehicle damage; Marge Ogelsby in undetermined amount for personal injury; Carl Till in estimated amount of $60.00 for property damage; Jim and Nancy Stock, and Mary Lou Mulgrew vs the City of Dubuque and the Zoning Board of Adjustment; Donna Vaske in estimated amount of $88.63 for vehicle 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: James A. Daniel for personal injury; Design Center, Inc. for expenses incurred due to construction of the Third Street Parking Ramp; Monica Heri for vehicle damage; Catherine Heinz for property damage; Mary McAleece Fuhrman for property damage; Kenneth A. Lange for vehicle damage Corporation Counsel recommending settlement of the claim of James H. Jones for vehicle damage; Cottingham and Butler Insurance for vehicle damage and the Finance Director to issue payment. Corporation Counsel recommending that the claim of Paula Deiter for vehicle damage be referred to Hamel Parking Lot Service and the claim of Donna Vaske for vehicle damage be referred to W.C. Stewart Construction Company. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment Ayes Nays Cline Connom Duggan Markham Michalski Nichoison Buol 3 = = Citizen Communications a. Communication of Kathleen Spangler, 3475 Sunset Park Circle, expressing concerns related to the proposed extension of Bonson Road. b. Communication of George and Helen Weinberg, 3460 Sunset Park Cimle, expressing concerns related to the proposed extension of Bonson Road. c. Communication of Gary and Doris Vogel, 3466 Sunset Park Circle, regarding the scheduled street construction project to extend Bonson Road. d. Communication from Dubuque-Jackson Counties Habitat for Humanity regarding storm water run-off on Nevada Street and YM/YVV Drive. e. Communication of Amy Pascual regarding cable TV service and problems along Highway 20. Suggested Disposition: Receive and File; Refer to City Manager Vacant Buildings Status Report City Manager submitting the Vacant Buildings Status Report from the Housing and Community Development Department. Suggested Disposition: Receive and File Supplement No. 55 to the Code of Ordinances City Manager recommending adoption of Supplement No. 55 to the City of Dubuque Code of Ordinances RESOLUTION ~-~,.~ Adopting Supplement No. 55 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 4 = am Quarterly Investment Report City Manager transmitting the Quarterly Investment Report for the period April 1, 2002 through June 30, 2002. Suggested Disposition: Receive and File Sign Agreement with Grand Opera House City Manager recommending approval of an agreement with the Grand Opera House for the installation and management of a new community sign to be located on 8th Street. Suggested Disposition: Receive and File; Approve American Red Cross Communication from the Amedcan Red Cross expressing appreciation to the City for the contribution for the Emergency Response Vehicle. Suggested Disposition: Receive and File Iowa Utilities Board - Cost Sharing of Legal Expenses City Manager recommending that the City participate in joint representation and sharing of legal costs with the Cities of Grinnell, Newton, Mason City and Washington, Iowa in the proceedings before the Iowa Utilities Board as a result of a request for a rate increase and equalization of rates by Interstate Power and Light Company. RESOLUTION ~'~,'~-~:?~-_.~,-/Authonzlng the execution of an agreement for cost sharing in legal expenses Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ~ Cline Connom ./ Duggan /~ Markham ~Michalski J /~Nicholson -~' Buol 5 10. 11. 12. Loras College -Acceptance of Easement for Public Sidewalk City Manager recommending acceptance of an easement from Loras College for a public sidewalk along Loras Boulevard adjacent to the Academic Resource Center between Cox Street and Alta Vista. RESOLUTION 5~¥'/'~ Accepting an Easement for public sidewalk (Part of Lot 2 of the Subdivision of Mineral Lot 90) on Loras Boulevard to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution John F. Kennedy Reconstruction - City/County Funding Agreement City Manager recommending approval of a City/County Funding Agreement for the John F. Kennedy Reconstruction Project in the estimated amount of $157,583.05. RESOLUTION ,~<~--~ ~?~-~ Approving the agreement between the City of Dubuque and Dubuque County for the construction of John F. Kennedy Road from the Northwest Arterial to Barony Road Suggested Disposition: Receive and File; Adopt Resolution Dredged Material Placement Permit City Manager recommending approval of a Dredged Material Placement Permit with the U.S. Army Corps of Engineers for the replacement of dredge material along the shoreline of Miller-Riverview Park. Suggested Disposition: Receive and File; Approve Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 6 13. University of Iowa - Site Access Agreement City Manager recommending approval of a Site Access Agreement with the University of iowa to allow University of iowa Hygienic Lab personnel access to a northern branch of Catfish Creek from City property near Seippel Road. Suggested Disposition: Receive and File; Approve 14. Dubuque Main Street- Grant Application City Manager recommending that the City endorse an application from Main Street Ltd. to the Iowa Department of Economic Development/Main Street Iowa for a Main Street Iowa Challenge Grant in the amount of $50,000 for an Upper Main District residential development project. Suggested Disposition: Receive and File; Approve 15. McGraw Hill - Acceptance of Gazebo Plat and Deed City Manager recommending acceptance of the Gazebo property from PJW Dubuque, LLC (developers of the McGraw-Hill facility) and approval of a plat incorporating the gazebo property into the John G. Bergfeld Recreation Area at the Dubuque Industrial Center West. RESOLUTION ~c~ _ Road (Lot 2-5 of Dubuque Industrial Center West) to the City of Dubuque, Iowa RESOLUTION ~7~O ~-.~Approving Plat of Survey of Lot H of Dubuque Industrial Center West Suggested Disposition: ; and File; Adopt Resolutions Connors Duggan Markham ~Michalski ~' Nicholson Buol 7 16. Business Licenses RESOLUTION ~_~Oc~ Granting the issuance of one new permit to sell cigarettes and cigarette papers within the City to Sumbal Corporation RESOLUTION ~c~.~_ 0~.-Granting the issuance of a Class "B" Beer (Spec'~l Event) Permit to Dubuque Area Labor Management (Tent A and B in Town Clock Plaza), Music N More;, Dubuque Jaycees (Tent A, B and C in Town Clock Plaza), and Riverfest; and Class "C" Beer Permit to Kwik Stop Food Mart, Amoco Food Shop, IOCO Speede Shoppe, and Sumbal Corporation RESOLUTION Granting issuance of a Class "C' Beer/Liquor License to Shannon's Bar & Gdll, Los Aztecas Mexican Restaurant, and-T.l,~ ~ L-iff-- (;~a~eer Sc~.':,c~; Special Class "C" (BVV) Liquor License to Choo Choo Chadie's Pizza; and Class "C" Beer/Liquor License (1 Day Special Outdoor Event) to Jumper's Sports Bar, Suggested Disposition: Adopt Resolutions 8 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commissions: Environmental Stewardship Advis~ ~/C~o~mission (One vacant 3-yeer term to expire 1011103) ~.~t~ ~/ ~ Applicant: Andrea Bixler --"U/t~l ~' . Historic preeervation Com m~ii.~/~io~ ~h~;ee 3-year ur}expt~d ter~s) ApplicanL' John. E. Whalen (West 11 ~ District) Housing Commission (Three 3-year terms to expire 8117105 - Neustadt, Swift, Vacant) Applicant: Harry Neustadt Appointments to the following Board: Transit Board of Trustees (Three 3-year terms of Endemon, Lightcap, and Sand to expire 7130105) Applicants: George O. Enderson, Joel Lightcap, Michael W. Sand Nays ~,Cline Connom .Duggan /~.~ Markham ~Michalski Nicholson Buol 9 PUBLIC HEARINGS SUSPEND THE RULES s Nays Cline Connors Duggan ~. Markham /~..~ichaiski L~Nicholson Buol Vacating Petition - Portion of 12th Street Proof of publication on notice of headng and City Manager recommending that the City dispose of interest in a portion of City-owned property at 12th Street west of Bluff Street to Greg and Peggy Stover for the amount of $943.68, plus publication and filing fees. RESOLUTION ~/- ~2 ,~Disposing of City interest in Lot 760A and Lot 776B of McDaniers Subdivision, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ye~ Nays /L~Cline /~)Connors ~/Duggan Markham Michalski Nichoison - Buol 10 Proof of publication on notice of headng to consider rezoning property located at 8000 Old Highway Road from R-1 Single-Family Residential Distdct to CS Commercial Service and Wholesale Distdct and Zoning Advisory Commission recommending denial of the request. ORDINANCE ~ A Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Co~le'6f Ordinances by reclassifying hereinafter described property located at 8000 Old Highway Road from R-1 Single-Family Residential Distdct to CS Commercial Service and Wholesale District Su?.gested Disposition: Receive and File; Con'ur with De~ni~l; or Motion B; Motion A (Super Majority Vote Needed) / / Connors /. ~ Duggan / /~f~J Markham '/ ~-~ Michalski ~ Nicholson ~7~,~Bu°l Ayes Nays Cline Connom Duggan Markham Michalski Nicholson Buol 11 Wayne and Lynn Stewart Rezoning Request Concurrent with Annexation Proof of publication on notice of headng to consider rezoning property located along Highway Road from County M-1 Industrial (with conditions) to City LI Light Industrial District at the request of Wayne and Lynn Stewart and Zoning Advisory Commission recommending denial of the request. Proof of publication on notice of heating to consider a voluntary annexation request of Wayne and Lynn Stewart in conjunction with rezoning and C~ty Manager recommending approval of the voluntary annexation. ORDINANCE X/~, Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code (~f (~rdinancas by reclassifying hereinafter described property located along Old Highway Road from Dubuque County M-1 Industrial with conditions to City of Dubuque LI Light Indus~a~l District, concurrent with annexation RESOLUTION /~/,/\~/ Annexing certain property (~/' Suggested Disposition: Receive and File; Concur with Denial; or Motion B; ~)//' Motion A (Super Majority Vote Needed); A~eso~°n /Aye~_~ . Nays {~ ~ y// ~v~/Chne /~ ~*' Connom / /~ Duggan/~ /j/Mark,am / ~-~ Michalski ~' Nicholson Buol 12 University of Dubuque - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 441 McCormick Street from R-1 Single-Family Residential District to ID Institutional District at the request of the University of Dubuque and Zoning Advisory Commission recommending approval of the request. ORDINANCE ~.~c~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 441 McCormick Street from R-1 Single-Family Residential District to ID Institutional District Suggested and File; Motion B; Motion A  y~) Nays Cline  Connors // ~ Duggan · / /~/)) Markham ~//~ L~' Michalski / / Nicholson Buol 13 Lamar Advertising - Off Premise Signs Text Amendment Proof of publication on notice of hearing to consider a request from Jim Schumacher, Lamar Advertising, to amend the Zoning Ordinance regarding off-premises signs and Zoning Advisory Commission recommending denial. ORDINANCE - 'X' ~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Co~e'ol~ O~rdinances by repealing Section 4-3.2(39) Definition of Off- Premise Signs and adopting a new Section 4-3.2(39) Definition of Off-Premise Signs in lieu thereof Suggested Disposition: Receive and File; Concur with Denial; or Motion Motion A (Super Majority Vote Needed) Nays Cline Connors Duggan Markham 'Michalski i Buol Wartburg Place Reconstruction 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 to Porlzen Construction, Inc., in the amount of $464,434.43. RESOLUTION ~ ~,~Adopfing plans and specifications for the project RESOLUTION ~.~',.~ ~'~ Awarding contract to Portzen Construction RESOLUTION ~.~',~ ~:~ With respect to the adoption of the Resolution of Necessity proposed for the Wartburg Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions 15 Local Law Enforcement Block Grant Funds Proof of publication on notice of hearing and City Manager recommending acceptance of the 2002 Local Law Enforcement B;ock Grant Funds. Suggested Disposition: Receive and File; Approve oug /× Markham // Michalski / /~Nicholson // ~*/Buol REINSTATE THE RULES Yes ClineNays Connors Duggan Markham {/~,Michaiski )Nicholson Buol 16 ACTION ITEMS ArTS Dubuque Representatives of ArTS Dubuque, a cooperative effort of the Dubuque Museum of Art, Dubuque Symphony Omhestra and the Grand Opera House, to address the Council to encourage the City to include arts and cultural organizations in the 2003 - 2004 top ten priorities to be set at the City Council's goal setting in August. AYi(~ ClineNays Connors Duggan Michaleki Nich, Buol Nicholson Historic Preservation Commission recommending approval of the creation of a Ken Kringle Historic Preservation Award to promote the preservation of historic buildings and architectural resources in the community. RESOLUTION ~.~- ~:~,~- Approving the creation of the Ken Kringle Historic Preservation Award Suggested Disposition: Receive and File; Adopt Resolution ,~yes ClineNays / Connors / Duggan / ,~ Markham ~ ~/~Michalski '-~ Nicholson 17 t Woodward Museum - 2002 Renovations Project City Manager recommending award of the six construction contracts associated with the Woodward Museum - 2002 renovations project. RESOLUTION RESOLUTION ~...~/~ ~ RESOLUTION RESOLUTION RESOLUTION RESOLUTION RESOLUTION /~:~-~ Awarding Contract ~ (Electrical) Suggested Disposition: Receive and File; Adopt Resolutions Adopting plans and specifications Awarding Contract #1 (Masonry Tuckpointing) Awarding Contract g2 (Roof, Gutters and Downspouts) Awarding Contract ~3 (Carpentry) Awarding Contract g4 (HVAC) Awarding Contract #5 (Plumbing and Sprinkler) Connors Duggan Markham .M.!chalski /'~) N~cholson ~' Buol 18 = Outdoor Service of Alcoholic Beverages on Public Right-of-Way City Manager recommending approval of criteria for use of public right-of-way for outdoor service of alcoholic beverages relating to long-term use of City property. Suggested Disposition: and File; Approve ~y. es ClineNays ~/ Connors /l /~Duggan /.~ f~HMarkha .m. ~/ v~/Michalskl / Nicholson Event Insurance Grant/' ~) BuOI City Manager recommending approval of proposed criteria for a Special Event Program for events held on public right-of-way that require insurance. Suggested Disposition: Approve Ay~,~ ClineNays Connors Duggan Markham Michalski NichOIson Buol 19 Mississippi River National Education and Conference Center- Cascading Stairs City Manager requesting Council directJon on the design and height of the proposed signage on both sides of the cascading stairs being constructed near the Mississippi River National Education and Conference Center. Suggested Disposition: Receive and File; Council Direction ClineNays Connors Duggan Markham Michalski /~Nicholson 20 = Downtown Planning Committee Membership Long Range Planning Commission requesting Council approval of the membership for the Downtown Planning Committee of the Long Range Planning Commission, Suggested Disposition: Receive and File; Approve ~ Connors Duggan  Markham Michaiski ~// ~ Nicholson Buol Bee Branch Drainage Basin Master Plan Request for Proposals (RFP) City Manager recommending approval to solicit proposals to develop a Drainage Basin Master Plan for the Bee Branch Watershed Basin and further recommending that Dr. Charles Winterwod be appointed chairperson of the Citizen Advisory Committee to, be formed as part of the project. Suggested Disposition: Receive and File; Approve Nays Cline Connors Duggan Markham Michaiski ~ Nichol~n BuolV' 21 B Heritage Trail Extension Project City Manager recommending award of the contract for the Heritage Trail Extension Project to Tschiggfrie Excavating in the amount of $609,726.65 and directing staff to prepare a change order for the removal of the reute along Volunteer Drive at a cost of $87,356.25. RESOLUTION ~-.,~ Awarding contract Suggested Disposition: Receive and File; Adopt Resolution 0 ~,,~ yes Nays y ,~ Cline /~)Oonnom / ~'Duggan Markham Michalski Nicholson Buol COUNCIL MEMBER REPORTS 22 ITEMS TO BE SET FOR PUBLIC HEARING 1. Request to Purchase City-Owned Property - Joseph Feltes - August 19, 2002 2. Lenox Addition - Sale of City Property - August 19, 2002 3. Birch Acres - Sale of City Property - August 19, 2002 4. Flora Pool Painting Project - Initiate - September 3, 2002 5. West Locust Street Storm Sewer Improvements - Initiate - September 3, 2002 6. ice Harbor West Road I Walk Construction Project - September 16, 2002 Cline Connors Duggan Markham /~.~Michalski .~Nicholson L~/Buol m Request to Purchase City-Owned Property - Joseph Feltes City Manager recommending that a public heating be set for August t9, 2002 to consider a request from Joseph G. Feltes to pumhase City-owned property located between his property at 2616 Stafford and Linwood Cemetery. RESOLUTION ~;'~;/ of Intent to dispose of City interest in Lot 4A of Mineral Lot 472, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8119102 Lenox Addition - Sale of City Property City Manager recommending that a public hearing be set for August 19, 2002 to consider disposing of City-owned property located in Lenox Addition to Eric and Bonita Timmerman. RESOLUTION ~r/~7- Addition, Dubuque, Iowa of Intent to dispose of City interest in Lot 130 of Lenox 23 = w Suggested Disposition: Receive and File; AdoPt Resolution; Public Hearing 8119~02 Birch Acres - Sale of City Property City Manager recommending that a public hearing be set for August 19, 2002 to consider disposing of City-owned property located in Birch Acres to Jeff Arensdorf. RESOLUTION ~/~ of Intent to dispose of City interest in Lot 3 Block 9 Birch Acres and Lot 4 Block 9 Birch Acres, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8119102 Ayes Nays Cline Connom Duggan Markham Michalski Nicholson Buol Flora Pool Painting Project- Initiate City Manager recommending initiation of the bidding process for the Flora Pool Painting Project and setting a public headng for September 3, 2002. RESOLUTION RESOLUTION RESOLUTION ~'O~:;~ Preliminary approval of plans and specifications Fixing date of headng on plans and specifications Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 913102 West Locust Street Storm Sawer Improvements - Initiate City Manager recommending initiation of the bidding process for the West Locust Street Storm Sewer Improvements Project and setting a public hearing for September 3, 2002 RESOLUTION RESOLUTION RESOLUTION Preliminary approval of plans and specifications Fixing date of hearing on plans and specifications Ordering bids 24 Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9~3~02 Ice Harbor West Road I Walk Construction Project City Manager recommending initiation of the bidding process for the ice Harbor West Road/Wall( Construction Project and setting a public hearing for September 16, 2002. RESOLUTION RESOLUTION RESOLUTION Preliminary approval of plans and specifications Fixing date of hearing on plans and specifications Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9116/02 Ayes Nays Cline Connom Duggan Markham Michalski Nicholson Buol 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. Motion to Adjourn at Cline Connors Duggan /--~!arkham (/~'~Michalski ~;~ Nicholson ~' euol 25