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