10 07 02 Agenda with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, OCTOBER 7, 2002
6:30 P.M.
LIBRARY AUDITORIUM
INVOCATION
Joellen McCarthy, BVM, President of the Sisters of Charity, BVM
PROCLAMATIONS
Healthcare Quality Week (October 13 - 19, 2002)
YWCA Appreciation Month (October, 2002)
Make A Will Month (October, 2002)
Healthcare Qaulity YWCA Apprecia§on Make A Will Month
Week Month
CONSENT ITEMS (See Pages 10 - 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.
ITEMS TO BE SET FOR PUBLIC HEARING
Bond Sale to Support Water Projects
City Manager recommending that a public headng be set for October 21, 2002 to
consider the sale of General Obligation Bonds in an amount not to exceed $3,300,000
to support the new water tower and water main along the Northwest Arterial.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to
exceed $3,300,000 General Obligation Bonds (for an essential corporate purpose) of
Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10121102
Bond - MVM Memo Bonds - Staff Memo Bond - Resolution
Bond Sale to Refund $3,100,000 General Obligation Bonds
City Manager recommending that a public hearing be set for October 21, 2002 to
consider the proposition of selling not to exceed $650,000 in General Obligation Bonds
for the purpose of refunding $3,100,000 General Obligation Bonds.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to
exceed $650,000 General Obligation Bonds (for an essential corporate purpose) of
Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10121102
Refund - MVM Memo Refund - Staff Memo Noth Letter Refund - Re~otution
Concrete Repairs on Kerper Boulevard and North Grandview Avenue - Initiate
City Manager recommending initiation of the bidding process for the Concrete Repairs
on Kerper Boulevard and North Grandview Avenue Project and recommending that a
public hearing on the plans and specifications be set for November 4, 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
1114/02
Concrete - MVM Concrete - Staff Concrete - Concrete - Map
Memo Memo Resolutions
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Housing Commission (One 3-year unexpired term through 8117104 and one 3-year term
to expire 8117105)
Applicant: William D. Helling
Bd and Corem Ust Overview Sheet Housing Application
2
PUBLIC HEARINGS
SUSPEND THE RULES
Dubuque Girls' Independent League Ballfleld Fencing 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 Dubuque Girls' Independent League Project to Pride Fencing and Landscaping
in the amount of $54,111.47.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Pride Fencing and Landscaping
Suggested Disposition: Receive and File; Adopt Resolutions
Ballfield - MVH Mem~ Ballfield - Staff Memo Ballfleld - Resolution.=
Material from September 3, 2002 Meeting
Ballfield - MV~ Mem~ Ballfield - Staff Hem( Ballfield - Resolution~
Shady Oaks Storm Sewer - Request to Vacate
Proof of publication on notice of hearing to consider a request from Ed Tschiggfrie to
vacate a twenty-foot wide storm sewer easement over Lot 36 of Shady Oaks and City
Manager recommending approval.
RESOLUTION Disposing of interest and vacate a twenty-foot wide storm sewer
easement over Lot 36 of Shady Oaks Subdivision, in the City of Dubuque, Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Shady Oaks - MVM Shady Oaks - Stafl Shady Oaks - Exhibit: A Release of Easement
Memo Memo Reselu~on
Material from September 16, 2002 Meeting
Shady Oaks - HVM Shady Oaks - Staff Shady Oaks -
Memo Memo Resolution
3
Tiffany Ridge- Sale of Property
Proof of publication on notice of hearing to consider the sale of a portion of City-owned
property on Tiffany Ridge to the abutting property owners and City Manager
recommending approval.
RESOLUTION Disposing of City interest in Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Lot 7,
and Lot 8 of Block 4 of Tiffany Ridge, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
TilT-any- MVM Memo Tiffany - Staff Memo Tiffany - Resolution
Material from September 16, 2002 Meeting
Tiffany - MVM Memo Tiffany - Staff Memo Tiffany - Resolution Tiffany - Plat
Lease Agreement with ConAgra, Inc.
Proof of publication on notice of hearing to consider disposing of interest in real property
by lease agreement with ConAgra Foods, Inc. d/b/a Peavey Company for property on
the Twelfth Street Extension and City Manager recommending approval.
RESOLUTION Disposing of an interest in real properly by lease agreement with
ConAgra Foods, Inc. d/b/a/Peavey Company
Suggested Disposition: Receive and File; Adopt Resolution
ConAgra - MVM ConAgra - Staff ConAgra - Reselu'don ConAgra Lease Area
Memo Memo
Material from September 16, 2002 Meeting
ConAgra - MVM ConAgra - Staff ConAgra - Resolution
Memo Memo
Purchase Agr
Lease Agreement
4
Fiscal Year 2003 Budget Amendment
Proof of publication on notice of hearing to consider the first amendment to the Fiscal
Year 2003 budget and City Manager recommending approval.
RESOLUTION Amending the current budget for the Fiscal Year ending June 30, 2002
Suggested Disposition: Receive and File; Adopt Resolution
Budget- MVM Memo Budget - Resolution
Material from September 16, 2002 Meeting
Budget - MVM Memc Budget - Staff Memo Budget - Resolution Budget Amendment
=
2000 Sidewalk Installation Program
Proofs of publication on notice of headng on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the 2000 Sidewalk Installation Program to Perry Construction in the amount of
$24,985.34.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Rescinding Resolution #472-00 and approving in lieu thereof a new
Resolution of NeCessity with respect to the adoption of the 2000 Sidewalk Installation
Program
RESOLUTION Awarding contract to Perry Construction
Suggested Disposition: Receive and File; Adopt Resolutions
Sidewalk - MVM Sidewalk - Staff Sidewalk - Sidewalk Bid Tab
Memo Memo Resolutions
Material from September 16, 2002 Meeting
Sidewalks - ~ Sidewalks - Staff Sidewalks - Assessments
Memo Memo Resolutions
5
Flora Park Rest Room Project
Proofs of publication on notice of headng on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the Flora Park Rest Room Project to S & S Construction in the amount of $119,000.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to S & S Construction
Suggested Disposition: Receive and File; Adopt Resolutions
Flora - MVM Memo Flora - Staff Memo Flora - Resolutions
Material from September 3, 2002 Meeting
Flora - MVM Memo Flora - Staff Memo Flora - Resolutions
First Street and Main Street Lighting 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 First Street and Main Street Lighting Project to A&G Electdc in the amount of
$115,671.10.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to A&G Electric
Suggested Disposition: Receive and File; Adopt Resolutions
Lighting - MVM Mem, Lighting - Staff Mere( Lighting - Resolution Lighting - Bid Tab
Material from September 3, 2002 Meeting
Lighting - MVM Mer~ Ughtinig - Staff UghtJng - Map Ughting - Resolutior~
Memo
Port of Dubuque Phase #3 (Utilities) 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 Port of Dubuque Phase #3 (Utilities) Project to WC Stewart Construction in the
amount of $337,837.45.
6
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to WC Stewart Construction
Suggested Disposition: Receive and File; Adopt Resolutions
Port - MVM Memo Port - Staff Memo Port - Resolutions Port - Bid Tab
Material from September 3, 2002 Meeting
Port - MVM Memo Port - Staff Memo Port - Resolutions
REINSTATE THE RULES
ACTION ITEMS
Michele Harry - Request to Address the Council
Request of Michele Harry to address the City Council to present the current results of
the petitioning being performed in the north end community regarding the open water
way.
Suggested Disposition: Receive and File; Council
Mississippi Valley Truck Center, Inc. Property
City Manager recommending approval of the commencement of eminent domain
proceedings for acquisition of the property of Mississippi Valley Truck Center, Inc. in the
Port of Dubuque.
RESOLUTION Authorizing the commencement of proceedings for the acquisition by
eminent domain of real property owned by Mississippi Valley Truck Center, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Prope~/- HVM ProperLy - Staff property - Resolu'don
Memo Memo
7
Installation of Stop Signs - Vernon Street at Glen Oak Street
City Manager recommending approval of the installation of stop signs on Vernon Street
at Glen Oak Street.
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop
signs on Vernon Street at Glen Oak
Suggested Disposition: Receive and File; Motion B; Motion A
Vernon - MVM Memc Vernon - Staff Memo Vernon - Ordinance Suggested Motion
Seventeenth Street - No Parking Area
City Manager recommending approval of the creation of a new "No Parking" district
between the hours of 5:00 a.m. and 5:00 p.m. and that the south side of 17th Street be
included within the district.
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
enacting a new Subsection (i) of Section 32-262 thereto providing for no parking
between five o'clock (5:00) a.m. and five o'clock (5:00) p.m., Monday through Saturday,
except public holidays and designating certain areas in Subsection (i) in Section 32-262
Suggested Disposition: Receive and File; Motion B; Motion A
:l. Tth - MVM Memo 17th - Staff Memo 17th - Ordinance Suggesl'ed Motion
Wild Wood Estates - Final Plat
City Manager recommending approval of the final plat of Wild Wood Estates, a new
residential development off of North Cascade Road in Dubuque County.
RESOLUTION Approving the final plat of Wild Wood Estates in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Wild Wood - MVM Wild Wood - Staff Wild Wood - Wild Wood - StaFf
Memo Memo Resolution Repor~
Wild Wood Plats Wild Wood
Appl~
8
Disposition of Lamar Billboards on John F. Kennedy Road and First Street
City Manager recommending that Lamar Advertising be issued a notice of violation for
the billboards on John F. Kennedy Road (Calcars Hyundai) and First Street (U.S.
Cellular) which would allow the billboards to remain until the advertising contracts have
lapsed, at which time the on-premise copy would be removed or subject to civil citation.
Suggested Disposition: Receive and File; Approve
Lamar - MVM Memo Lamar - Staff Memo Violation L~' - 3FK Viola[ion Ltr - ~.st St
Sunset Ridge Repaving Request
Communication from Douglas M. Henry, representing residents of Sunset Ridge,
requesting the repaying of Sunset Ridge as a public street.
RESOLUTION Acknowledging the acceptance of Sunset Ridge as a public street of the
City of Dubuque
Suggested Disposition: Receive and File; Council Direction; Adopt Resolution
Sunse~ Ridge I_tr
Citizens Committed to Our Communities
Communication from Arnold N. Honkamp, Co-Chair of the PAC Committee "Citizens
Committed to Our Communities" requesting that the City Council pass a resolution
extolling the benet-~s to the community of Dubuque's two gambling facilities and urging
all Dubuquers to vote Yes-Yes on November 5, 2002.
Suggested Disposition: Receive and File; Council Direction
Referendum Ltr
John F. Kennedy Road - Removal of "No Parking" Restriction (First Reading on
September 3, 2002; Second Reading on September 16, 2002)
ORDINANCE Amending Section 32-262 (d) of the City of Dubuque Code of
Ordinances, prohibiting parking on designated streets or portions thereof by deleting
portions of John F. Kennedy Road
Suggested Disposition: Receive and File; Motion A
9
]Fl( - MVM Memo .]FK - Staff Memo .]FK - Ordinance 3FK - Map Suggested Motion
COUNCIL MEMBER REPORTS
CONSENTITEMS
Minutes Submitted
Cable Community Teleprogramming Commission of 9/3 and 10/1; City Council of 9/16;
Community Development Advisory Commission of 9/4; Downtown Planning Committee
of 9~9; Environmental Stewardship Advisory Commission of 9/3; Five Flags Commission
of 7/22 and 7~30; Historic Preservation Commission of 9/19; Human Rights Commission
of 8/12; Park and Recreation Commission of 9/17
Proofs of publication of City Council Proceedings for 8/27, 8/29, and 9/3
Suggested Disposition: Receive and File
Cable TV Cable 'IV of ::L0/:t Coundl Community Env Stewardship Five Flags - 7/22
Development
Rve Flags - 7/30 HPC Human Rights Park and Rec
Notice of Claims/Suits
Michael Delaney for vehicle damage; Geraldine A. Foley for vehicle damage; Darryl
Galle for property damage; Rebecca L. Griebel for vehicle damage; Denise Kennedy for
vehicle damage; Garry Pape for vehicle damage; Portzen Construction for nonpayment
of work; Rebecca Roepsch for personal injury; Kris Weland for personal injury
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:
Geraldine Foley for vehicle damage; Rebecca Griebel for vehicle damage; Rebecca
Roepsch for personal injury, Victoria Sawvell for personal injury, Peggy Weland for
personal injury
Corporation Counsel recommending that the claim of Denise Kennedy for vehicle
damage be denied
Corporation Counsel recommending approval of the claim of Michael F. Delaney for
vehicle damage and the Finance Director to issue payment.
10
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Check
Claims - ICAP Claim - Denied Claim - Settled
Citizen Communication
Communication from Dow and Susan Prouty regarding the resurrection and
reconstruction of the narrow gauge rail line from Dubuque to Cascade.
Suggested Disposition: Receive and File
Pmuty Ltr
w
Request to Purchase City-Owned Property
Request from Douglas and Jean Kapp and William and Carole Hartman-Kubler to
purchase a portion of a City street/alley abutting their property between 1590 and 1600
Adair Street.
Suggested Disposition: Receive and File; Refer to City Manager
Vacate Request
Rip Row Valley Utilities Extension
City Manager recommending acceptance of the Rip Row Valley Utilities Extension
Project in the final contract amount of $83,115.12.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Utilities - MVM Mem¢ UUliUe~ - Staff Memo UUlilies - Resolutions
11
Five Flags, Paint Arena Ceiling and Walls Project
City Manager recommending acceptance of the Five Flags - Paint Arena Ceiling and
Walls Project in the final contract amount of $79,190.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Five Flags - MVM Five Flags - Staff Five Flags -
Memo Memo Resolutions
Rip RoW Valley Ball Field Development Project
City Manager recommending acceptance of the Rip Row Valley Ball Field Development
Project in the final contract amount of $111,418.49.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Balltield - MVM Mem~ Ballfield - Staff Memo Ballfield ~ Resolution.,
Amendment to Collective Bargaining Agreement Between the City and the Police
Protective Association
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement between the City and the Dubuque Police Protective Association to
accommodate the new four-day (ten hour) work week.
Suggested Disposition: Receive and File; Approve
Police - MVM Memo Police - Sta~ Memo Amendment Bargaining Police Schedule
Agreement
12
Ziepprecht Block Building
Historic Preservation Commission recommending approval of the nomination of the
Ziepprecht Block Building (1347 Central Avenue) to the National Register of Historic
Places.
Suggested Disposition: Receive and File; Approve
Ziepprecht - HPC Lb' Ziepprecht: - Staff' State Lb' Ziepprecht Material
Memo
10.
11.
John Bell Block Building
Historic Preservation Commission recommending approval of the nomination of the
John Bell Block Building (1301 - 1307 Central Avenue) to the National Register of
Historic Places.
Suggested Disposition: Receive and File; Approve
Bell Block - HPC !..b- Betl Bicck - Staff St~:e Lb' Bell Block Material
Memo
Historic Bluffs Trail Project Grant Application
City Manager recommending approval of the submission of a TEA-21 Grant Application
for construction of the Historic Bluffs Trail Project which involves restoration of the
Hodgdon Street and Catherine/West Locust Street steps.
RESOLUTION Approving the submittal of an application for Statewide Transportation
Enhancement Funding to the Iowa Department of Transportation for the Histodc Bluffs
Trail Project
Suggested Disposition: Receive and File; Adopt Resolution
Bluffs - MVM Memo Bluffs - Staff Memo Bluffs - ResoluUon Bluffs AppiicaUon
12.
Iowa 32 (Northwest Arterial) Bike/Hike Path Grant Application
City Manager recommending approval of the submission of a TEA-21 Grant Application
for construction of the Iowa 32 (Northwest Arterial) Bike/Hike Path project.
RESOLUTION Approving the submittal of an application for Statewide Transportation
Enhancement Funding to the Iowa Department of Transportation for the Dubuque
Hedtage Trail Extension: Iowa 32 (Northwest Arterial) Bike/Hike Trail Project
13
Suggested Disposition: Receive and File; Adopt Resolution
Trail - MVM Memo Trail - Staff Memo Trail - Resoiu'don Trail - Atl~..hment
13.
14.
Landscaping Gateways Grant Application
City Manager recommending approval of the submission of a TEA-21 Grant Application
for landscaping of the gateways to the City located at Dodge and Locust Streets, the
Port of Dubuque at 5th Street, and at g~ and 11 Streets adjacent to Highway 61/151.
RESOLUTION Approving the submittal of an application for Statewide Transportation
Enhancement Funding to the Iowa Department of Transportation for the Dubuque
Gateways Project
Suggested Disposition: Receive and File; Adopt Resolution
Gateways - MVM Gateways - Staff Gateways - Gateways
Memo Memo Resolution Application
Grant of Easement for Public Sidewalk and Sprinkler System
City Manager recommending approval of an easement agreement between the City of
Dubuque and the Peninsula Gaming Company, LLC for the installation of a public
sidewalk and sprinkler system abutting Bell Street in front of their parking lot at the
corner of 34 and Bell Street.
RESOLUTION Grant of Easement for public sidewalk and sprinkler system relating to
the construction of sidewalk, ornamental rail and irrigation system with Peninsula
Gaming Company, LLC
Suggested Disposition: Receive and File; Adopt Resolution
Easement - MVM Easement - Staff Easement -
Memo Memo Resolution
15.
ECIA
Communication from ECIA presenting a certificate from the Iowa Emergency
Management Division to the City of Dubuque in recognition of the City's Multi-Hazard
Mitigation Plan.
Suggested Disposition: Receive and File
14
16.
Dubuque County Board of Supervisors
Communication from Donna L. Smith, Chairperson of the Dubuque County BOard of
Supervisors, advising that the Supervisors have adopted the Comprehensive Land Use
Development Plan and Future Land Use Development Map.
Suggested Disposition: Receive and File
Supe~isors Ltr
17.
18.
Bell Street - Award of Contract
City Manager recommending approval of a change in the award date for the Bell Street
Construction Project from October 7, 2002 to February 3, 2003 due to a change in the
State's bidding schedule.
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolution
Bell Street - MVM Bell Sheet - Staff Bell Street - Easement
Memo Men~ Resolution
Hempstead High School
Request of Hempstead High School to conduct a fireworks display on October 18, 2002
at 7:45 p.m. at their Homecoming Football Game.
Suggested Disposition: Receive and File; Approve
Hempstead Ltr
19.
State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Grand Opera
House was listed in the National Register of Historic Places effective September 20,
2002.
Suggested Disposition: Receive and File
15
20.
Grand Opera House
L~
Liquor License Refund
Request from Galaxies, 3203 Jackson Street, for a refund of their liquor license in the
amount of $422.50.
Request from ArCon, Inc. (Arby's Q-Mart) for a refund on their beer and liquor license in
the amount of $75.00 and their cigarette license.
21.
Business Licenses
RESOLUTION Granting the issuance of Class "C' Beer Permit to Puff N Snuff, Eagle
Food #130, Eagle Food #018, Eagle Food #320, and Wal-Mart Supercenter
RESOLUTION Granting the issuance of Class "C" Beer/Liquor License to Europa Haus
RestaurantJBierstube, Dog House Lounge and Rainbow Lounge; Class "C" (5 Day
Special Event) License to Loras College - Field House, Loras College - Alumni Center
and Clarke College -Atrium; and Class "B" Wine Permit to Wal-Mart Supercenter,
Eagle Food Center #.320, Eagle Food Center #018, and Eagle Food Center #130
Suggested Disposition: Adopt Resolutions
Resolution #~. 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 ara 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
Property Acquisition - Chapter 21.5(1)(j) 2001 Code of Iowa
Jeanne F. Schneider
October 3, 2002
16