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9 15 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, SEPTEMBER 15, 2003 COUNCIL .MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM co .o.s, MARK.~, M~C~A~S~, .~C~O~O. ~ Cl~ MANAGER MICHAEL VA~ILLIGEN; CORPO~TION COUNSEL BARR~INOAHL ABSENT: Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Alan Garfield, President, Temple Beth-El PROCLAMATIONS: c~o. w~,~ ~ ,. ~u~u.~e Trick or Treat Night CONSENTITEMS ~ ~d~/Nicholson '~.~ Buol Cline Connors Duggan Markham Michalski = 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 Notice of Claims/Suits Eric Adler for personal injury; Steven Bruse for vehicle damage; Mary Criss for personal injury; Paula Martens for properly 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: Eric 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, Inc. 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 2 M 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 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 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 ~/z/~ ~-*~ Approving final contract amount of $891,605.57 Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 3 Old U.S. Highway 20 Water Main Phase II Extension Project- Acceptance City Manager recommending acceptance of the O~d 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 RESOLUTION ~..~/~: ~ ~,.~ Accepting improvement Approving final contract amount of $94,121.38 Suggested Disposition: Receive and File; Adopt Resolutions m 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 Artedal for the construction of his assisted living project at Matthew John Drive and Harvest View Drive. Suggosted Disposition: Receive and File; Refer to the City Manager B 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 Ayes Nays Nichoison Buol Cline Connors Duggan Markham Michaiski 4 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 Apa~nents and have found that the proposal is not a significant change from the adopted conceptual plan. Suggested Disposition: Receive and File 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 ~-~J~-~ Authorizing an application to the Historic Sites Preservation Grant Program for the Shot Tower Rehabilitation Suggested Disposition: Receive and File; Adopt Resolution 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 ~..~JT' ~_~ 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 Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 5 12. 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 13. 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 14. 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 Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 6 15. 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 ~ Y~ ~-~ Approving the City of Dubuque Fiscal Year 2003 Street Finance Report Suggested Disposition: Receive and File; Adopt Resolution 16. 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 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 '?~5-~:~ Accepting a conveyance of Lot 11 of Medical Associates Subd~ision No. 2 in the City of Dubuque, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 7 18. 19. 20. 21. 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 RiveFs Edge Plaza. Suggested DiSposition: Receive and File; Approve 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 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 Business Licenses RESOLUTION ~,¢:~L.;~ -~:?~.'.~ 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 , ~r~'~--~ Granting the issuance of a Class "C" Beer/Liquor License to Angie'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" Liquor License to Sugar Ray's Barbeque; and Class Wine Permit to Oky Doky #2 and Wal-Mart Supercenter #2004 Suggested Disposition: Adopt Resolutions Ayes Nays Nicholson Buol Cline Connom Duggan Markham Michalski 8 ITEMS TO BE SET FOR PUBLIC HEARING 2. 3. 4. 5. 6. Vacating Petition - South Way at Asbury Road - October 6, 2003 Subordination Agreement - Premier Bank - October 6, 2003 Chemical Compound Wall and Roof Replacement Project - October 20, 2003 Eagle Point Water Plant ADA Renovation - October 20, 2003 Chestnut Street Reconstruction Project- Initiate - October~, 2003 Four Mounds Estate Historic District- November 17, 2003 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 Asbu~ Road. RESOLUTION , 5~ ~ Approving plat of proposed vacated portion of South Way at Asbury Road ORDi.ANCE RESOLUTION ~/-~7 ~ South Way in Block 10 in Westchester Subdivision in the City of Dubuque, Iowa Vacating a portion of South Way at Asbury Road Of intent to dispose of City interest in Lot lA of part of Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 10/6103 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 J~ ~--~ 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 1016103 9 = 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 RESOLUTION RESOLUTION Preliminary approval of plans and specifications Fixing date of headng on plans and specifications Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10120/03 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 RESOLUTION RESOLUTION Preliminary approval of plans and specifications Fixing date of hearing on plans and specifications Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10120103 ~yes Nays .~Nicholson /~/~Buol ~//. Duggan /'/' Markham .~//(~ichalski 10 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 RESOLUTION RESOLUTION RESOLUTION . s o uT,o. Preliminary approval of plans and specifications Fixing date of headng on plans and specifications of Necessity Fixing date of hearing on Resolution of Necessity Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10120103 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 11117/03 Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 11 BOARDSICOMMISSIONS Appointments to the following Committee: Housing Advisory Trust Fund Committee (One 3-year term through 918106 - Term of Hingtgen) Applicant: Doris M. Hingtgen es Nays Nicholson Buol y Cline //~ Connors ///'~ Duggan Markham Michalski 12 PUBLIC HEARINGS SUSPEND THE RULES i~ Nays , C~.~Nicholson ( ?Buo · ~Cline Connors Duggan Markham Michalski Dubuque Bank and Trust Company - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at the southwest comer of the Northwest Arterial and Asbury Road from PC Planned Commercial District to C-3 General Commercial District at the request of Dubuque Bank and Trust Company and Zoning Advisory Commission recommending approval. ORDINANCE ~Z ~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southwest comer 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 ~ Nays ~/~V~ ~ I~ iuCohl°ls°n J]J ~ ~-'~] ~uggan ~ ~ ~ Michalski 13 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 3z~'/~-~2-~ 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 Receive and File; Adopt Resolutions Nays Nicholson B.oi )C,ine ~' Connom Duggan Markham Michalski 14 = In-Line Skate Rink Project Proof of publication on notice of hearing 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 , ~//~ RESOLUTION ~ ~¢/~.~ ~57~ Adopting plans and specifications Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions A/yes Nays ·/~ Nicholson auol /// ~Cline *'/' -, i:~;nn:nm ~'//~) ~am / - ~ichaiski REINSTATE THE RULES iMMS Nays , Nicholson ~ Buol · vCline Connors Duggan arkham ichaiski 15 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, Sep~ten~ber 15, 2003. RESOLUTION ~-ZT"_~. ~J--~ Directingsale/,~./~,~,y/'' Suggested Disposition. Receive and File/~/.~?~ /~/~ es Nays , Nicholson _Buol ~ /~Cline ~/~ '~ Connors /~Duggan ,~Markham ~/ Michalski 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 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 Nays Nicholson ~uol ~line 7~-~.;onnors Duggan Markham Michalski 16 m 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 iyes Nays Nicholson · Buol Cline /~(~onnors ~/ /~Duggan //' /(~/Markham J Michalski 17 g City Manager recommending approval of the final plat of Phase~rpfWestbrook Subdivision, which was recently approved for annexation in the City of Dubuque, as requested by Joel Ca. lla.han. / \/ RESOLUTION ~ //~ Approving the final plat of Lots 1 thru 48, inclusive, of Block 1, Lots I thrd 10, i~clusive, 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 Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 18 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 yes . Nays Nicholson ~Buol /~ /~)Cline ~// /Y-.~Connors //~ ~'~ Duggan '~ Markham / Michalski 19 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 ~-~f ~ 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 I/yes Nays · Nicholson ~ Chne Connors /~Duggan / / (~ Markham / ~Michalski 20 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 ~-~/~//~'~:~J 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 es . Nays Nicholson '~ Buol · / .-~Cline ~ ~onnom / ~Duggan '//~}Markham j ~/Michalski 21 w Acquisition and Demolition of 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 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 A/ye~} Nays (~/Nicholson ,Buol ~/)Cline Connors Duggan Markham Michalski 22 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 track 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 Aye~'~l Nays ~/Nicholson Buol (~ Cline Connors Duggan Markham Michalski COUNCIL MEMBER REPORTS 23 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) 2007Code of Iowa Motion to go into closed session at ~ ,'~...~ Motion to adjourn at ~yes Nays Nicholson ~/' Buol ~/ ~-~Cline ~/~'2')Connors ///('-~'~ ~Duggan /////Markham / ~ Michaiski Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 24