9 15 03 Agenda with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, SEPTEMBER 15, 2003
INVOCATION
Alan Garfield, President, Temple Beth-El
PROCLAMATIONS
Crop Walk Day in Dubuque (October 5, 2003)
Trick or Treat Night (October 31, 2003)
Crop Walk Trick or Treat
INTRODUCTION
Immigrants Rights Network (Dubuque Chapter)
CONSENTITEMS
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.
Minutes and Reports Submitted
Airport Commission of 8/25; City Council of 9/2, 9/3 and 9/4; Five Flags of 7/21;
Housing Commission of 7/22; Human Rights Commission of 8/18; Park and Recreation
Commission of 8/12
Proofs of publication of Council Proceedings of 8/18, 8/19 and 8/21; and List of Claims
and Summary of Revenues for month ending July 31, 2003
Finance Director submitting the City of Dubuque Financial Reports for the month ending
August 31, 2003.
Suggested Disposition: Receive and File
Airport
Council - 9/2 Council - 9/3 Council - 9/4 Five Flags Housing
Human Rights Park and Rec
Notice of Claims/Suits
Eric Adler for personal injury; Steven Bruse for vehicle damage; Mary Criss for personal
injury; Paula Martens for property damage; Charles L. Miller for personal injury;
University of Dubuque for property 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: Edc
Adler for personal injury, University of Dubuque for property damage.
Corporation Counsel recommending that the claim of Brent Garbett for vehicle damage
be referred to Selco, Inc. and that the claim of Steven Bruse for vehicle damage be
referred to Drew Cook & Sons Excavating,
Corporation Counsel recommending settlement of the claim of Valerie McNally for
vehicle damage and that the Finance Director issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
.Claims - [CAP Claims - Referred Claims - Settled
Citizen Communications
Communications from residents and property owners on Lower Main Street in
opposition to portions of Main Street and First Street and the First and Second Street
Connector being closed for The Little Dublin's Irish Fest.
Suggested Disposition: Receive and File; Refer to City Manager
Petition #1 Petition
2
Employee Assistance Program Services
City Manager recommending approval of an agreement with Mercy Medical Center to
provide employee assistance services to City of Dubuque employees and their family
members effective July 1, 2003 through June 30, 2005.
Suggested Disposition: Receive and File; Approve
EAP - MVM Memo
EAP - Staff Memo
EAP Agreement
Northwest Arterial Water Main Extension Project - Acceptance
City Manager recommending acceptance of the Northwest Arterial Water Main
Extension Project in the final contract amount of $891,605.57 as completed by
Tschiggfrie Excavating.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $891,605.57
Suggested Disposition: Receive and File; Adopt Resolutions
Arterial - MVM Memo Ad:erial - Staff Memo Arterial - Resolutions
Old U.S. Highway 20 Water Main Phase II Extension Project - Acceptance
City Manager recommending acceptance of the Old U.S. Highway 20 Water Main
Phase II Extension Project in the final contract amount of $94,121.38 as completed by
Drew Cook & Sons Excavating.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $94,121.38
Suggested Disposition: Receive and File; Adopt Resolutions
Hwy 20 - MVM Mem( Hwy 20 - Staff Memo Hwy 20 - Resolutions
=
Harvest Development Group, L.L.C.
Martin J. McNamer, Harvest Development Group, L.L.C., requesting approval of a
temporary access directly from the Northwest Arterial for the construction of his assisted
living project at Matthew John Drive and Harvest View Drive.
Suggested Disposition: Receive and File; Refer to the City Manager
McNamer Lb'
=
Miller Place - Final Plat
Zoning Advisory Commission recommending approval of the final plats of Lots 1 -4,
inclusive, of Miller Place as requested by Larry and Kathy Miller.
RESOLUTION Approving the final plats of Lots 1 - 4, inclusive, of Miller Place in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Miller - ZAC Ltr Miller - Application Miller - Exhibit Miller - Staff Memo
Miller - Plat Miller - Resolution
10.
University of Dubuque - Adopted Conceptual Plan
Zoning Advisory Commission advising that they have reviewed a request from the
University of Dubuque to change the adopted conceptual plan for the South Campus -
Student Apartments and have found that the proposal is not a significant change from
the adopted conceptual plan.
Suggested Disposition: Receive and File
Un of Dubuque - ZAC UD - Staff Memo UD Letter UD - Picture #1 UD - Picture #2
Ltr
Historic Sites Preservation Grant
City Manager recommending approval of an application to the State Historical Society of
Iowa for a $100,000 Historic Sites Preservation Grant for the Shot Tower Rehabilitation
project.
RESOLUTION Authorizing an application to the Historic Sites Preservation Grant Program for
the Shot Tower Rehabilitation
Suggested Disposition: Receive and File; Adopt Resolution
4
11.
12.
13.
Shot Tower - MVM Shot Tower - Staff Shot Tower - State Application Shot Tower - Grant
Memo Memo Resolution Form
Eagle Window and Door - Certificate of Compliance
City Manager advising that Eagle Window and Door, Inc. has complied with the Job
Attainment Goal of the Public Infrastructure Assistance Program (PIAP) and
recommending that they be released from any further obligations under the Loan
Agreement with the City of Dubuque.
RESOLUTION Certifying Eagle Window and Door, Inc. compliance with a Public
Infrastructure Assistance Program Loan Agreement between Eagle Window and Door,
Inc. and the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Eagle Window ~ MVlV Eagle Window - Staff Eagle Window -
Memo Memo Resolution
Giese Manufacturing - Certificate of Completion
City Manager recommending approval of a Certificate of Completion for the Giese
Manufacturing project in the Dubuque Industrial Center West acknowledging completion
of their obligations stipulated in the Development Agreement.
Suggested Disposition: Receive and File; Approve
Giese - MVM Memo
Giese I ~ff Memo
Certificate of
Completion
Giese Ltr
Consolidated Annual Performance and Evaluation Report (CAPER)
City Manager recommending approval of the Consolidated Annual Performance and
Evaluation Report (CAPER) for the period of July 1, 2002 through June 30, 2003.
RESOLUTION Authorizing the submission of a Consolidated Annual Performance and
Evaluation Project (CAPER) for the period commencing July 1,2002 and concluding
June 30, 2003
Suggested Disposition: Receive and File; Adopt Resolution
CAPER - MVM Memo CAPER - Staff Memo CAPER - Resolution CAPER Financial Evaluation Report
Summar~
5
14.
15.
16.
CAPER Narrative CAPER Activity CDBG Financial CAPER - Summary of CAPER - Housing
Summary Summary Accomplishments Consolidated Plan Activities
Cedar Ridge Farm Place No. 4
City Manager recommending acceptance of the public improvements completed by the
developer, Nemmers Cedar Ridge Farm Limited Partnership, in Cedar Ridge Farm
Place No. 4.
RESOLUTION Accepting improvements in Cedar Ridge Farm Place No. 4
Suggested Disposition: Receive and File; Adopt Resolution
Cedar Ridge - MVM Cedar Ridge - Staff Cedar Ridge - Nemmers Ltr Cedar Ridge - Maps
Memo Memo Resolution
Street Finance Report
City Manager recommending approval of the City of Dubuque's Fiscal Year 2003 Street
Finance Report for submittal to the Iowa Department of Transportation.
RESOLUTION Approving the City of Dubuque Fiscal Year 2003 Street Finance Report
Suggested Disposition: Receive and File; Adopt Resolution
Report - MVM Memo Report - Staff Memo Report - Resolution Street Finance
Report
Police Department Accreditation
City Manager recommending approval for the Police Department to continue voluntary
participation with the Commission on Accreditation for Law Enforcement Agencies in
pursuit of reaccreditation in 2004.
Suggested Disposition: Receive and File; Approve
Police - MVM Memo
Police - Staff Memo
17.
Medical Associates - Acceptance of Quit Claim Deed
City Manager recommending acceptance of a quit claim deed for Lot 11 of Medical
Associates Subdivision #2 from Medical Associates.
RESOLUTION Accepting a conveyance of Lot 11 of Medical Associates Subdivision
No. 2 in the City of Dubuque, Dubuque, Iowa
6
Suggested Disposition: Receive and File; Adopt Resolution
Deed - MVM Memo Deed - Staff Memo Deed - Resolution Vicinity Map
18.
19.
20.
Senator John C. Culver Floodwall Recognition Plaque
City Manager recommending approval of the wording for the Senator John C. Culver
Plaque which is to be located near the floodwall on the River's Edge Plaza.
Suggested Disposition: Receive and File; Approve
Roodwall - MVM
Memo
Floodwall - Staff
Memo
Grand River Center Dedication Plaque
City Manager recommending approval of the wording for the dedication plaque for the
Grand River Center.
Suggested Disposition: Receive and File; Approve
Grand River Ctr -
MVM Memo
Grand River Ctr- Grand River Plaque
SLaff Memo Design
Legislative Correspondence
City Manager recommending approval of the submission of letters to our Congressional
delegation requesting their support for modifications in the Medicare Prescription Drug
and Modernization Act.
Suggested Disposition: Receive and File; Approve
Letter - MVM Memo Letters - Staff Memo Congressional Ltrs
21.
Business Licenses
RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit
to Dubuque Jaycees (Cable Car Square and Flora Park Ball Diamond); and a Class "C"
Beer Permit to Puff N Snuff, Ron's Smokes/Beverage, Phillips 66/Arby's, 5-Point Mart,
and Wal-Mart Supercenter #2004
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Angle's Bar,
One Flight Up, Fat Tuesday's, Happy's Place, and National Mississippi River Museum;
Class "C" Liquor License (5-Day Special Event) to Clarke College; Special Class "C"
7
=
Liquor License to Sugar Ray's Barbeque; and Class "B" Wine Permit to Oky Doky #2
and Wal-Mart Supercenter #2004
Suggested Disposition: Adopt Resolutions
Resolution #1
Resolution #2
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition - South Way at Asbury Road
City Manager recommending that a public hearing be set for October 6, 2003 to
consider a request from Clarence P. Pfohl to vacate a portion of South Way at Asbury
Road.
RESOLUTION Approving plat of proposed vacated portion of South Way at Asbury
Road
ORDINANCE Vacating a portion of South Way at Asbury Road
RESOLUTION Of intent to dispose of City interest in Lot lA of part of South Way in
Block 10 in Westchester Subdivision in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion
A; Public Hearing 10/6/03
South Way - HVM South Way - South Way -
Nemo Ordinance Resolution #2
South Way - Staff South Way -
Hemo Resolution #1
South Way - Vidnity South Way - Pfohl South Way - Plat Suggested ]Viotion
Hap Ltr
Subordination Agreement - Premier Bank
City Manager recommending that a public hearing be set for October 6, 2003 to
consider approval of a Subordination Agreement with Premier Bank related to the City's
mortgage interest in property located at 101 - 123 Main Street.
RESOLUTION Declaring the intent of the City of Dubuque, Iowa to subordinate a
mortgage interest in certain real estate
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/6/03
8
Agreement - MVM Agreement - Staff Agreement - Premier Bank Ltr
Memo Memo Resolution
Chemical Compound Wall and Roof Replacement Project
City Manager recommending initiation of the bidding process for the Chemical
Compound Wall and Roof Replacement Project at the Eagle Point Water Plant and that
a public hearing be set for October 20, 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
10/20/03
Compound - MVM
Memo
Compound - Staff Compound -
Memo Resolutions
Eagle Point Water Plant ADA Renovation
City Manager recommending initiation of the bidding process for the ADA Renovation
Project at the Eagle Point Water Plant and that a public hearing be set for October 20,
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
10~20~03
ADA - MVM Memo ADA - Staff Memo ADA - Resolutions
Chestnut Street Reconstruction Project - Initiate
City Manager recommending initiation of the bidding process for the Chestnut Street
Reconstruction Project and that a public hearing be set for October 20, 2003.
RESOLUTION Preliminary approval of plans and specifications
9
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION of Necessity
RESOLUTION Fixing date of headng on Resolution of Necessity
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
10/20/03
Chestnut - MVM Chestnut - Staff Chestnut - Chestnut - Chestnut - Map
Memo Memo Resolutions Assessments
Four Mounds Estate Historic District
Historic Preservation Commission and the Long Range Planning Advisory Commission
requesting that the City Council forward documentation to the State Historic
Preservation Office and set a public hearing for November 17, 2003 to establish Four
Mounds Estate Historic District as a City landmark.
Suggested Disposition: Receive and File; Public Hearing 11/17/03
Four Mounds - HPC Four Mounds - Four Mounds - Memc
Ltr Ordinance to LRPAC
Four Mounds - Four Mounds - Staff
LRPAC Ltr Memo
Foundation Ltr Nati Registration Code Section 25-6 HPC Vision/Goals
Form
BOARDS/COMMISSIONS
Appointments to the following Committee:
Housing Advisory Trust Fund Committee (One 3-year term through 9~8~06 - Term of
Hingtgen)
Applicant: Doris M. Hingtgen
Bd and Comm List
Overview Sheet
Hingtgen Application
i0
=
PUBLIC HEARINGS
SUSPEND THE RULES
Dubuque Bank and Trust Company - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at the
southwest corner of the Northwest Arterial and Asbury Road from PC Planned
Commemial District to C-3 General Commemial Distdct at the request of Dubuque Bank
and Trust Company 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
southwest corner of the Northwest Arterial and Asbury Road from PC Planned
Commercial District to C-3 General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
DB&T - ZAC Lb' DB&T Application DB&T Letter
DB&T Exhibit DB&T - Staff Repor~ DB&T - Ordinance
Ordinance 15-99 Appendix A - Suggested Notion
Excerpts
University Avenue Reconstruction and Patching Project
Proof of publication on notice of hearing on the plans and specifications and the
Resolution of Necessity for the University Avenue Reconstruction and Patching Project.
RESOLUTION Adopting plans and specifications
RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for
the University Avenue Reconstruction Project form Delhi to Alta Vista and the University
Avenue Patching Project from Alta Vista to Spruce Street
Suggested Disposition: Receive and File; Adopt Resolutions
Univemity - MVM University -
Memo Resolutions
Material from August 18, 2003 Meeting
University - MVN University - Staff University -
Memo Memo Resolutions
Preliminary
Assessments
11
In-Line Skate Rink Project
Proof of publication on notice of headng on the plans and specifications and notice to
bidders for the In-Line Skate Rink Project and City Manager recommending award of
the contract to Fondell Excavating.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contrac~
Suggested Disposition: Receive and File; Adopt Resolutions
Rink - MVM Memo
Rink - Staff Memo Rink - Resolution #1 Rink - Resolution
Material from August 18, 2003 Meeting
Park - MVM Memo Rink - Staff Memo
Rink - Resolution #1 Rink - Resolution #2
Rink - Resolution #3
REINSTATE THE RULES
ACTION ITEMS
Bond Sale to Support Stormwater Projects
City Manager advising that the sale of $2,110,000 General Obligation Bonds to support
stormwater projects is scheduled for 11:00 a.m., Monday, September 15, 2003.
RESOLUTION Directing sale
Suggested Disposition: Receive and File
Bonds - MVM Memo Bonds - Resolution
Historic Preservation Commission
Historic Preservation Commission recommending approval of an amendment to the
Historic Preservation Ordinance to increase the membership of the Commission to nine
members by adding two additional at-large members.
ORDINANCE Amending the City of Dubuque Code of Ordinances Chapter 25 Historic
Preservation, Section 25-3 Historic Preservation Commission Established; Membership;
Term of Office; Vacancies in Office
Suggested Disposition: Receive and File; Motion B; Motion A
i2
HFC Commission Ltr HPC Ordinance Iowa Code Sec Lindahl - Opinion State Historical Suggested Motion
Society Ltr
Callahan Subdivision
City Manager recommending approval of a request from Joel Callahan, President of
Callahan Construction, Inc., for City assistance to facilitate development of his proposed
mixed-use subdivision that would include affordable owner-occupied housing.
Suggested Disposition: Receive and File; Approve
Callahan - NVM
Hemo
Callahan - Staff
Memo
CaIlahan - Chart Callahan - Map
Westbrook Subdivision - Final Plat
City Manager recommending approval of the final plat of Phase I of Westbrook
Subdivision, which was recently approved for annexation in the City of Dubuque, as
requested by Joel Callahan.
RESOLUTION Approving the final plat of Lots 1 thru 48, inclusive, of Block 1, Lots 1
thru 10, inclusive, of Block 3 and Lots A, B, C, D, E, F, G, H, I, J, and K of Westbrook
Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Westbrook - MVM Westsbrook - Staff Westbrook - Westbrook - Staff Westbrook -
Memo Memo Resolution Report Application
Wes/brook - Map Westbrook - Plat
Request for Qualifications - Grand River Center Artwork
City Manager recommending approval of the issuance of a Request for Qualifications
for artwork for the Grand River Center.
Suggested Disposition: Receive and File; Approve
Artwork - MVM Memo Artwork - Staff Artwork RF~
Memo
13
Franchise Fee Ordinance Amendment
City Manager recommending approval of amendments to the Franchise Fee Ordinances
to provide for changing the reporting date to the 15th of each month commencing on
November 15, 2003 and to further address tax-exempt properties.
ORDINANCE Amending Ordinance No. 58-03 Establishing a franchise fee of two
percent (2%) of the gross revenue of Interstate Power Company, its successors and
assigns, generated from the sale of electricity within the City of Dubuque
ORDINANCE Amending Ordinance No. 59-03 Establishing a franchise fee of two
percent (2%) of the gross revenue of Peoples Natural Gas, its successors and assigns,
generated from the sale of natural gas or mixed gas within the City of Dubuque
Suggested Disposition: Receive and File; Motion B; Motion A
Franchise - MVM Electric Amended Electric - Effect of Gas - Amended Gas - Effect of
Memo Ordinance Amendment Ordinance Amendment
Eagle Valley Subdivision - Final Plat
City Manager recommending approval of the final plat of Lots 1 - 4 and Lots A-B of
Block 5, inclusive, of Eagle Valley Subdivision.
RESOLUTION Approving the final plat of Lots 1-4, inclusive, and Lots A-B, inclusive, of
Block 5 of Eagle Valley Subdivision, in the City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Adopt Resolution
Eagle Valley - MVM
Memo
Eagle Valley - Staff Eagle Valley - Eagle Valley - Staff Eagle Valley
Memo ResoluUon Report ApplicatJon
Eagle Valley - Exhibit Eagle Valley - Plat
A
Acquisition and Demolition of Property Located at 1650 Old Mill Road
City Manager recommending submittal of an amended request to the Iowa Emergency
Management Division to acquire a non-residential flood prone property located at 1650
Old Mill Road and to authorize the City Manager to negotiate a lease agreement for
vacant property located at 1695 Old Mill Road, 1699 Old Mill Road, 1620 Old Mill Road
and 1650 Old Mill Road.
Suggested Disposition: Receive and File; Approve
14
Old Hill Rd - MVM
Hemo
Old Hill Rd - Staff Old Mill Rd - ECIA LI~ Old Mill Rd - Hartig
Memo Lb'
Pier Wall Signage and Refuse Collection from Visiting Boats
City Manager recommending approval of additional signage at the transient boat docks
along the sheet pile wall at the Mississippi Riverwalk and further recommending that
visiting passenger boats be required to have a truck haul their refuse away immediately
instead of leaving a large refuse container at the American Trust River's Edge Plaza.
Suggested Disposition: Receive and File; Approve
Pier ~ MVM Memo Pier - Staff Memo
COUNClL 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 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
September 11,2003
15