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8 18 03 Skeleton Sheet CITY'COUNCIL REGULAR SESSION, AUGUST 18, 2003 · COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM PRESENT:/MAYO~ ~, C~)UNCIL MEMBERS MAR~"p". M'C~'A'SK'. ,'C"~LSO"./ / C'~ M^RAGER "'C"~"~ V~ "'~U~""= COR"O~'O" COUNSEL BAR DAHL / ABSENT: Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such mattem which may properly come before the City Council. INVOCATION: Sr. Rosalyn Ulfem, PBVM, Chaplain, Mercy Medical Center PROCLAMATIONS: Tour de Dubuque Day /~l ~/~, CONSENT rEMS Minutes and Reports Submitted ~ ~es Nays ~ Michalski /~Nichoison / ( B.ol Cline / Connors City Council of 8/4 and 8/11; Community Development Advisory Commission of 6/25; ~,,E)owntown 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 41 st Quarterly Report Suggested Disposition: Receive and File; Approve as Printed 2 2. 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 prope~7 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 Patdcia 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 Depad~ent 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 Ayes Nays Michaiski Nicholson / Buol Cline Connora Duggan j~ Markham 3 Cedar Ridge Farms Place #4 Communication from Julien G. Nemmers, Nemmers Cedar Ridge Farm Partnership, requesting acceptance of Cedar Ridge Farm Place #4 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 r~'~:P ~:~ 5 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 Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 4 Request to Purchase City-Owned Property Communication from Michelle Kenline, 105 South Grandview Avenue, requesting to purchase a po[tion 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 c:~/~-~ Approving the agreement between the City of Dubuque, Iowa, and the Amalgamated Transit Union, Local #329 Suggested Disposition: Receive and File; Adopt Resolution 10. 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 Ayes Nays Michalski Nicholson Buol Cline Conrlors Duggan Markham 5 Quarterly Investment Report City Manager submitting the Quarterly Investment Report for the period ending June 30, 2003. Suggested Disposition: Receive and File 12, 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 13. 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 14. 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 t5. 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 ./ y~}~ Nays [~} Michaiski ~' Nicholson /~)Buol ~' Cline Connom ~6 Markham 16. 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 17. 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 18. 19. 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 aC~eeEr~ieCnittcf~)rV~l~anaml sG~ttlBleUmmenr~ o~ma~/~orr~i~rgs,a~oPmm~ln~tiaoPnr~Pl~iS~.d closed ca~ Suggested Disposition: Receive and File; Approve /' ~larkham 7 20. 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 21. 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 Grill RESOLUTION ~P~_~,~ 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 ,.~ Pj'~ 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 Carlos O'Kelly's and Grand Opera House Suggested Disposition: Adopt Resolutions Ayes Nays Michalski Nicholson Buol Cline Connom Duggan Markham 8 ITEMS TO BE SET FOR PUBLIC HEARING . Nays Michalski Nicholson Buol ///~Cline //Markham West Fifth Street- Request to Vacate - September 2, 2003 In-Line Skate Rink Project- Initiate - September 15, 2003 Voluntary Annexation - December 1, 2003 Univemity Avenue Reconstruction Project- Initiate - September 15, 2003 = West Fifth Sfl'eet - 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 ~-~'~ ~ O~ 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 912 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 RESOLUTION Preliminary approval of plans and specifications Fixing date of headng on plans and spec'rfications 9 m RESOLUTION ~:~,~" ~' Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing ~n~aa ~ ~mfi °mne n d, 'rig ~'~t a~i~rn~ber:, 2003 to consider the voluntary annexation of property in Dubuque County. Suggested Disposition: Receive and File; Approve; Public Hearing 12/1103 = Univemity Avenue Reconstruction Project - Initiate City Manager recommending initiation of the bidding process for the University Avenue Reconstruction Project and that a public heating be set for September 15, 2003. RESOLUTION RESOLUTION RESOLUTION RESOLUTION RESOLUTION RESOLUTION Preliminary approval of plans and specifications Fixing date of headng on plans and specifications of Necessity Setting headng on Resolution of Necessity Approving preliminary schedule of assessments Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9115/03 PULL FROM AGENDA = 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 9115103 10 BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Housing Commission {One Section 8 3-year term through 811710~- term of Plein; Three 3-year terms through 8117106) Applicants: John Ptein (Section 8), Dorothy Culbertson, Jim Holz, and Danita Grant Nays Michalski Nicholson Buol /-)~Cline / 7/Connors Markham TV Cable Teleprogramming Commission (Two unexpired terms through 6~30~06; One 3- year term through 6130106 - term of Tigges) Applicant: Jennifer Tigges Nays. Mmhalskl /-jl~licholson ~,--/Cline ¢onnore /)Markham 11 PUBLIC HEARINGS SUSPEND THE RULES Nays Michaleki Nicholson B.u.o Chne Connors Markham Voluntary AnnexafionlRezoning 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 12 Ayes Nays Michalski /~ Nicholson ~//Buol ~-~-~line /~,~Connors Markham Ayes Nays Michalski Nicholson Buol Cline Connors Markham Ayes Nays Michalski Nicholson Buol Cline Connom Markham 13 m Kivlahan Farms LLC - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at the intersection of West 32"d 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 ~ ~' ~2~ 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 32nd Street 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  Nays. Michalskl '~//~ £,~icholson /Markham 14 = 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 McNamare~ 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 ~//~y~ es Nays Michalski ~//~ /~ Nicholson 15 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 ~*Y~ ~,,~ 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 Nays Michalski Nicholson Buol Cline Connors ~Markham 16 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 ~2'~:2 '~ 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 /Nays Michalski Nicholson Buol Cline Connom Markham 17 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 SanitaTy Sewer Installation Project. RESOLUTION ~-~ ~ ~---~ Adopting plans and specifications for the project RESOLUTION ~/~,5 Awarding contract to Fondell Excavating, Inc. Suggested Disposition: Receive and File; Adopt Resolutions  Nays · Michalski Nicholson /~ Buol Cline Connors Markham 18 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. Stewart Construction for the Port of Dubuque Building Demolition and Site Clearance Project be deferred to September 2, 2003. RESOLUTION ~ ~2~ ^dopting plans and specifications for the project es Nays ~ /~ Nicholson ~/ /~ ×////Suoi J Markham REINSTATE THE RULES Nays MIchalski Nicholson Buol ,~Cline //~/~/Connors 19 ACTION ITEMS T Corp Request Communication from Ed Tschiggfde, T Corp, requesting to address the Council regarding the development of 93 acres of property on Rockdale Road. Suggested Disposition: Receive and File; Council Nays Michalski Nicholson  Buol Cline / Connors ~_~Markham /j~') Cline Ayes Nays Michalski Nicholson Buol 20 Eagle Valley Subdivision - Final Plat City Manager recommending approval of the final plat of Eagle Valley Subdivision located along Roosevelt Road. RESOLUTION ~'3~.~~ 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 /~es Nays · Michalski // ,,~ Nicholson / fl) Buol /(~ Connors / Markham 21 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 Y~ ~' 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 /yes Nays Michalski ,~ Nicholson /~J Buol Cline ~//~/Connors Markham 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 ~/A~ yes Nays .~ .M.!chalski N~cholson ~ ~/Buol // Cline ./ Connors // ~) Markham 22 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 loan to the iowa Depa;b.ent 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 Dispo.~, ition: Receive and File; Adopt Resolution ~ye,s~\ Nays (/~Michalski ',~ Nicholson Buol Cline Connors Markham Port of Dubuque Street Improvements City Manager recommending approval of street improvements in the Port of Dubuque area. Suggested Disposition: File; Approve Nays .M.!chalski ~' N~cholson~ J-//~Buol ~'~.~ Cline ~"/ Markham / 23 COUNCIL MEMBER REPORTS PUBLIC INPUT Motion to adjourn at At this time, anyone in the Council Chambers may address the Council on matters which are of concem 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 Property Acquisition - Chapter 21.5(1)(j) 2001 Code of Iowa ~/~ Motion to go into closed session at ~.~es . Nays ~ M?halskin /__Markham Ayes.~ Nays /~) .M..ichalski ~' Nicholson Buol Cline ~DOonnors uggan Markham 24