8 18 03 Agenda - No IconsNote: Anyone with a Hearing Difficulty please contact the City Clerk before the beginning
of the Council Meeting to possibly procure the use of a device to improve hearing ability.
CITY COUNCIL MEETING
CITY OF DUBUQUE, IOWA
WELCOME ......
to this meeting of the DUBUQUE CITY COUNCIL.
This is a formal meeting of the City Council, during which the Council takes official
action on various items of business. These items are listed on the attached AGENDA.
Each of these items has been studied by the City Staff and reviewed by the City Council
prior to this Meeting.
Listed below are guidelines adopted by the City Council for citizens to observe
when addressing the Council about an item:
Persons who would like to speak on a particular item should approach the
microphone at the time the item comes up for discussion and wait to be
recognized by the Mayor. Please be prepared to address the Council by
proceeding to the podium and waiting in line to speak even though
someone may be speaking.
WHEN YOU ARE RECOGNIZED BY THE MAYOR~ FIRST STATE YOUR
NAME AND ADDRESS~ AND IF YOU ARE REPRESENTING ANOTHER
PARTY~ ALSO GIVE THE NAME AND ADDRESS OF SUCH PARTY.
REMARKS MUST BE LIMITED TO 5 MINUTES OR LESS. SPEAKERS WILL
BE ALLOWED TO SPEAK ONLY ONCE UNLESS QUESTIONS ARE ASKED
BY COUNCIL~ FOR FURTHER CLARIFICATION.
If you would like to speak to the Council on an item you were unable to
have put on the agenda, the appropriate time is at the end of the meeting
during the Public Input which appears at the bottom of the agenda. The
Mayor will ask "Is them anyone in the Council Chambers who would like
to address the Council?"
THANK YOU FOR ATTENDING THIS MEETING.
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, AUGUST 18, 2003
INVOCATION
Sr. Rosalyn Ulfers, PBVM, Chaplain, Mercy Medical Center
PROCLAMATIONS
Tour de Dubuque Day (August 23, 2003)
CONSENT ITEMS
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.
1. Minutes and Reports Submitted
City Council of 8/4 and 8/11; Community Development Advisory Commission of 6/25;
Downtown Planning Committee of 7/14; Five Flags Commission of 6/16; Investment
Oversight Advisory Commission of 7/24; Joint City County Planning Committee of 7/23;
Zoning Advisory Commission of 7/2; Zoning Board of Adjustment of 7/24
Proof of publication of Council Proceedings of July 21, 2003 and July 28, 2003
Printed Council Proceedings for June, 2003
Finance Director submitting the Financial Reports for the month ending July 31, 2003
Investment Oversight Commission submitting the 41st Quarterly Report
Suggested Disposition: Receive and File; Approve as Printed
Notice of Claims/Suits
Gerald Brimeyer for vehicle damage; Bernice L. Petersen 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:
Corporation Counsel advising that the claim of Duwane Hingtgen for stolen property has
been referred to the Clerk of Court at the Dubuque County Courthouse.
Corporation Counsel recommending denial of the claim of Jodie L. Bauer for vehicle
damage and Patricia Ott for vehicle damage
Corporation Counsel recommending settlement of the claims of Michael Francois for
vehicle damage and Ronald Weitz for property damage and directing Finance
Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
Forest Grange Subdivision #2
Zoning Advisory Commission recommending approval of the final plat of Lots 1-3,
inclusive, of Forest Grange Subdivision #2 at the request of Jim Gantz.
RESOLUTION Approving final plat of Lots 1-3, inclusive, of Forest Grange Subdivision
#2 in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Cedar Ridge Farms Place #4
Communication from Julien G. Nemmers, Nemmers Cedar Ridge Farm Partnership,
requesting acceptance of Cedar Ridge Farm Place ~ Subdivision, Lots 1-7, with all the
improvements, in the City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Refer to the City Manager
Flora Park Rest Room Construction Project
City Manager recommending acceptance of the Flora Park Rest Room Construction
Project as completed by S & S Construction in the final contract amount of $123,627.71.
RESOLUTION Accepting improvement
RESOLUTION Approving final cost
Suggested Disposition: Receive and File; Adopt Resolution
City Development Board
Notification from the City Development Board advising that they have denied the
voluntary annexation request of the City of Sageville.
Suggested Disposition: Receive and File
Request to Purchase City-Owned Property
Communication from Michelle Kenline, 105 South Grandview Avenue, requesting to
purchase a portion of a City alley abutting her property at 105 South Grandview.
Suggested Disposition: Receive and File; Refer to the City Manager
Utility Franchise Fee
Communication from City Manager Michael C. Van Milligen to Joseph Ertl regarding the
City of Dubuque's utility franchise fee.
Suggested Disposition: Receive and File
Collective Bargaining Agreement - Amalgamated Transit Union
City Manager recommending approval of the collective bargaining agreement between
the City of Dubuque and the Amalgamated Transit Union, Local #329, effective July 1,
2003.
RESOLUTION Approving the agreement between the City of Dubuque, Iowa, and the
Amalgamated Transit Union, Local #329
Suggested Disposition: Receive and File; Adopt Resolution
2
10.
11.
12.
13.
14.
15.
16.
17.
Amendment to Collective Bargaining Agreement - International Union of Operating
Engineers
City Manager recommending approval of an amendment to the collective bargaining
agreement between the City and the International Union of Operating Engineers.
Suggested Disposition: Receive and File; Approve
Quarterly Investment Report
City Manager submitting the Quarterly Investment Report for the period ending June 30,
2003.
Suggested Disposition: Receive and File
Industrial Sewer Use Agreements
City Manager recommending approval of Sewer Use Agreements with Rousselot (Sanofi
Bio Industries), Swiss Valley Farms and Inland Protein Corporation for a period of four
years.
Suggested Disposition: Receive and File; Approve
Section 8 Program Recognition
City Manager advising that HUD has recently recognized the Housing Department
Section 8 Rental Assistance Program with two certificates of achievement.
Suggested Disposition: Receive and File
Local Law Enforcement Block Grant Application
City Manager recommending endorsement of the 2003 Local Law Enforcement Block
Grant application in the amount of $21,651 and approval of a Police Department budget
amendment to fund the cash match in the amount of $2,406.
Suggested Disposition: Receive and File; Approve
Temporary Remote Bus Parking
City Manager recommending approval to blacktop a connecting driveway from the end of
the Bell Street Extension west to the concrete pads on the old Peavey grain storage area
and to connect the two separate pads to provide temporary remote bus parking.
Suggested Disposition: Receive and File; Approve
Capital Improvement Project - Reallocation of FAA Funds
City Manager recommending approval of the reallocation of FAA Funds for two Capital
Improvement Program projects at the Airport.
Suggested Disposition: Receive and File; Approve
Iowa Department of Transportation Policy Strategies
City Manager submitting proposed comments on the Iowa Department of Transportation
(IDOT) Policy Strategies.
Suggested Disposition: Receive and File
3
18.
19.
20,
21.
Legislative Correspondence
Communication from Senator Tom Harkin regarding the need for federal assistance to
States and local governments.
Suggested Disposition: Receive and File
Workers' Compensation Claim
City Solicitor William G. Blum recommending approval of a proposed closed case
agreement for a final settlement of a Workers' Compensation Claim.
Suggested Disposition: Receive and File; Approve
REAP Funding for the City of Farley
City Manager submitting a communication to the REAP Evaluation Committee in support
of the City of Farley's application for funding of their Heritage Trail Connection project.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION Granting the issuance of one renewal to sell cigarettes and cigarette
papers in the City of Dubuque to Shannon's Bar and Griil
RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to
Riverfest and Dubuque Jaycees (Tents A, B and C); and a Class "C" Beer Permit to Sid's
Beverage and Oky Doky #6
RESOLUTION Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Days
Inn; Class "C" Beer/Liquor License to Lucky 13 Tap, Los Aztecas Mexican Restaurant
and Oky Doky #6; and Class "C" Beer/Liquor License (Special 5-Day Event) to Cados
O'Kelly's and Grand Opera House
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
West Fifth Street - Request to Vacate
City Manager recommending that a public hearing be set for September 2, 2003 to
consider a request from The Finley Hospital to vacate an alley southwest of West Fifth
Street.
RESOLUTION Approving plat of proposed vacated alley southwest of West Fifth Street
ORDINANCE Vacating the alley southwest of West Fifth Street
RESOLUTION of Intent to dispose of City interest in Lot 6A of Finley Home Addition in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A;
Public Hearing 9/2
4
m
w
In-Line Skate Rink Project - Initiate
City Manager recommending initiation of the bidding process for the In-Line Skate Rink
Project and that a public hearing be set for September 15, 2003.
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
9/15/03
Voluntary Annexation
City Manager recommending that a public hearing be set for December 1, 2003 to
consider the voluntary annexation of property in Dubuque County.
Suggested Disposition: Receive and File; Approve; Public Hearing 12/1/03
University Avenue Reconstruction Project - Initiate
City Manager recommending initiation of the bidding process for the University Avenue
Reconstruction Project and that a public hearing be set for September 15, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION of Necessity
RESOLUTION Setting hearing on Resolution of Necessity
RESOLUTION Approving preliminary schedule of assessments
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/15/03
Establishment of Interceptor Sanitary Sewer Connection Fees
City Manager recommending that a public hearing be set for September 15, 2003 to
consider the establishment of interceptor sanitary sewer connection fees for the County
Farm drainage basin area.
Suggested Disposition: Receive and File; Public Hearing 9115/03
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Housing Commission (One Section 8 3-year term through 8/17/03 - term of Plein; Three 3-
year terms through 8/17/06)
Applicants: John Plein (Section 8), Dorothy Culbertson, Jim Holz, and Danita Grant
TV Cable Teleprogramming Commission (Two unexpired terms through 6~30~06; One 3-
year term through 6/30/06 - term of Tigges)
Applicant: Jennifer Tigges
5
PUBLIC HEARINGS
SUSPEND THE RULES
Voluntary Annexation/Rezoning Request - Callahan Construction
Proof of publication on notice of hearing to consider a voluntary annexation request by
Callahan Construction, Inc for forty acres of land on Seippel Road north of the Dubuque
Industrial Center West, concurrent with rezoning, and City Manager recommending
approval of the annexation and establishing the connection charge to the City's
interceptor sanitary sewer system at $500 per acre.
Proof of publication on notice of hearing to consider rezoning property on the east side of
Seippel Road from County R-2 Single-Family Residential District to City R-2 Two-Family
Residential District and CS Commercial Service and Wholesale District, in conjunction
with annexation, as requested by Joel Callahan and Zoning Advisory Commission
recommending approval.
Communication from the Zoning Advisory Commission advising that they have approved
the preliminary plat of Westbrook Subdivision located in Dubuque County as requested
by Joel Callahan. Material provided for information only - no City. Council action is
required.
RESOLUTION Approving application for voluntary annexation of territory owned by
Callahan Construction, Inc.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located along Seippel
Road from Dubuque County R-2 Single-Family Residential District to City of Dubuque R-
2 Two-Family Residential and CS Commercial Service and Wholesale District, concurrent
with annexation.
Suggested Disposition: Receive and File; Adopt Resolution; Motion B; Motion A
Kivlahan Farms LLC - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at the
intersection of West 32nd Street and John F. Kennedy Road from R-3 Moderate Density
Multi-Family Residential District to C-2 Neighborhood Shopping Center District at the
request of Kivlahan Farms 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 the
intersection of West 32naStreet and Honeysuckle Lane from R-3 Moderate Density Multi-
Family Residential District to C-2 Neighborhood Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A
6
w
Wilmac Property Company- Request for Conditional Use
Proof of publication on notice of hearing to consider allowing residential use as a
conditional use in an HI Heavy Industrial District at the request of Tim McNamara/
Wilmac Property Company, and City Manager recommending approval.
ORDINANCE Amending Section 3-4.2(D) of the City of Dubuque Code of Ordinances by
adding residential use as a conditional use in the HI Heavy Industrial Zoning Districts
Suggested Disposition: Receive and File; Motion B; Motion A
Text Amendment - City of Dubuque
Proof of publication on notice of hearing to consider amending the Code of Ordinances
Section 4-4.2(B) Application and Site Plan Review and Approval at the request of the City
of Dubuque and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances Section 4-4.2(B) Application and Scope of Site Plan Review and
Approval by adding a new paragraph requiring installation and completion of site plan
requirements prior to the issuance of occupancy permits
Suggested Disposition: Receive and File; Motion B; Motion A
General Obligation Bond Sale to Support Stormwater Projects
Proof of publication on notice of hearing to consider the proposition of selling not to
exceed $2,110,000 in General Obligation Bonds (for an essential corporate purpose)to
support stormwater projects and City Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action for the issuance of not to
exceed $2,110,000 General Obligation Bonds
RESOLUTION Directing the advertisement for sale of $2,110,000 General Obligation
Bonds, Series 2003
Suggested Disposition: Receive and File; Adopt Resolutions
Eagle Valley Subdivision Sanitary Sewer Extension 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 contact to
Fondell Excavating for the Eagle Valley Subdivision Sanitary Sewer Installation Project.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Fondell Excavating, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
7
Port of Dubuque Building Demolition and Site Clearance 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 adoption of the plans
and specifications and that award of the contract to W.C. Stewad Construction for the
Port of Dubuque Building Demolition and Site Clearance Project be deferred to
September 2, 2003.
RESOLUTION Adopting plans and specifications for the project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
T Corp Request
Communication from Ed Tschiggfrie, T Corp, requesting to address the Council regarding
the development of 93 acres of property on Rockdale Road.
Suggested Disposition: Receive and File; Council
Eagle Valley Subdivision - Final Plat
City Manager recommending approval of the final plat of Eagle Valley Subdivision located
along Roosevelt Road.
RESOLUTION Approving final plat of Lots 1-2, inclusive, of Block 1, Lots 1-27, inclusive
of Block 2, Lots 1-13, inclusive, of Block 3, Lots 1-13, inclusive, of Block 4, Lots 1-21,
inclusive, of Block 6, Lots 1-10, inclusive, of Block 7, and Lots A-I, inclusive, all of Eagle
Valley Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
No Parking Area - Thirtieth Street
City Manager recommending approval of the elimination of the "no parking" area on the
north side of Thirtieth Street from Central Avenue to a point 334 feet east of Jackson
Street.
ORDINANCE Amending Section 32-262(d) of the Code of Ordinances of the City of
Dubuque, Iowa providing for parking by deleting certain portions of Thirtieth Street
Suggested Disposition: Receive and File; Motion B; Motion A
Bee Branch Citizen Advisory Committee
City Manager recommending approval of the proposed roster of the Bee Branch Citizen
Advisory Committee (BBCAC) for the Bee Branch Creek Restoration Alignment Study.
Suggested Disposition: Receive and File; Approve
8
Shepherd Company- Community Economic Betterment Account
City Manager recommending approval of the submission of a Community Economic
Betterment Account (CEBA) program application for a $117,000 partially forgivable Joan
to the iowa Department of Economic Development on behalf of Shepherd Incorporated.
RESOLUTION Authorizing the filing of a Community Economic Betterment Account
(CEBA) application on behalf of Shepherd, Incorporated
Suggested Disposition: Receive and File; Adopt Resolution
Port of Dubuque Street Improvements
City Manager recommending approval of street improvements in the Port of Dubuque
area.
Suggested Disposition: Receive and File; Approve
COUNCIL MEMBER REPORTS
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.
CLOSED SESSION
Property Acquisition - Chapter 21.5(1)(j) 2001 Code of Iowa
Jeanne F. Schneider
August 14, 2003
9