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