10 6 03 Agenda No IconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, OCTOBER 6, 2003
INVOCATION
Dr. Dan Thornton, Interim Pastor of Third Presbyterian Church
PROCLAMATIONS
White Cane Safety Day (October '15, 2003)
World Food Prize Week (October '12 - 18, 2003
Make a Will Month (October, 2003)
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
City Council of 9/15 and 9/26; Civil Service Commission of 7/30 and 9/5; Community
Development Advisory Commission of 9/3; Downtown Planning Committee of 8/25 and
9/8; Electrical Code Board of 9/22; Five Flags of 8/18; Histodc Preservation
Commission of 8/21 and 9/18; Housing Code Appeals Board of 8/19; Housing
Commission Trust Fund Committee of 9/12; Long Range Planning Advisory
Commission of 8/20; Park and Recreation Commission of 9/23; Plumbing Board of 9/9;
Zoning Advisory Commission of 9/3; Zoning Board of Adjustment of 8/28;
Proof of publication of City Council Proceedings of August 11, September 2, 3, and 4,
2003 and Lists of Claim and Summary of Revenues for month ending August 31,2003
Printed Council Proceedings for month of July, 2003
Suggested Disposition: Receive and File; Approve as Printed
Notice of Claims/Suits
Amy Ellis for vehicle damage; Rachel Houselog for vehicle damage; Shawn Kohnen for
vehicle damage; Kdstina Keuter for vehicle damage; James Mess for towing expense;
Sodarock Properties, LLC vs Board of Review of the City of Dubuque
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:
Mary Criss for personal injury; Charles Miller for personal injury
Corporation Counsel recommending settlement of the claims of Rachael Houselog for
vehicle damage; Shawn Kohnen for vehicle damage, and Paula Martens for property
damage and directing the Finance Department to issue proper payment
Corporation Counsel recommending denial of the claim of Amy Ellis for vehicle damage
Corporation Counsel recommending that the claim of Gary Nauman for vehicle damage
be referred to the Greyhound Corporate Office
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
Sodarock Properties, L.L.C. Tax Appeal
Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal
for property located at 1607 Wingate Drive.
Suggested Disposition: Receive and File; Approve
Eagle Food Centers, Inc.
Communication from David W. Leifker regarding the closing of the Elm Street Eagle's
store.
Notices of filing in the United States Bankruptcy Court for the Northern District of Illinois
Eastern Division by Eagle Food Centers, Inc., et al, notices of motion authorizing and
approving the retention of Grafe Auction Company, Inc. as Liquidating Agent; and
proposed agenda for September 30, 2003 hearings.
Suggested Disposition: Receive and File
Downtown Comprehensive Plan
Communication from Bob Felderman requesting that the City Council support the
implementation of the Dubuque Downtown Comprehensive Plan by placing it in the Top
Priority List.
Suggested Disposition: Receive and File
Citizen Communications
Request of David A. Ludovissy and Alan Arzu to vacate the Hodgden Street/Steps
located between 715 and 787 West Locust.
Request of Damian F. Arensdorf to purchase a portion of a City street/alley abutting his
property at 2117 Saint Celia Street.
Communication of Mary Brashaw regarding the traffic situation around the Washington
School/Lombard Street area.
Suggested Disposition: Receive and File; Refer to the City Manager
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USS Dubuque
Communication from LTJG Joe Goldsberrry of the USS Dubuque, LPD-8 inviting the
Mayor and City Council Members to take a cruise on the USS Dubuque during Fleet
Week in San Diego, CA on October 4, 2003.
Suggested Disposition: Receive and File
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Account Clerk I.
Suggested Disposition: Receive and File; Make a Matter of Record
Flora Pool Painting Project
City Manager recommending acceptance of the Flora Pool Painting Project in the final
contract amount of $86,175.00
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $86,175.00.
Suggested Disposition: Receive and File; Adopt Resolutions
Port of Dubuque Utility Extension. Phase III Project
City Manager recommending acceptance of the Port of Dubuque Utility Extension -
Phase III Project as completed by Stewart Construction in the final contract amount of
$341,108.64.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
Peosta Channel/Jaycee Trail Project
City Manager recommending acceptance of the Peosta Channel/Jaycee Trail Project as
completed by Tschiggfrie Excavating Co., in the final contract amount of $348,927.03.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
Woodward Museum Restoration Project
City Manager recommending acceptance of the Woodward Museum Restoration Project
as completed by Klauer Construction Company in the final contract amount of $83,069.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
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Railroad Depot Restoration Project
City Manager recommending acceptance of the Railroad Depot Restoration Project -
Contract #7 as completed by Renaissance Restoration, Inc., in the final contract amount
of $35,928 and Contract #7 as completed by Rafoth Sheet Metal, Inc. in the final
contract amount of $99,747.
RESOLUTION Accepting Improvement - Contract #7
RESOLUTION Approving Final Estimate - Contract #7
RESOLUTION Accepting Improvement - Contract #8
RESOLUTION Accepting Final Estimate - Contract #8
Suggested Disposition: Receive and File; Adopt Resolutions
Acceptance of Sanitary Sewer Easement - John F. Kennedy Road
City Manager recommending acceptance of a corrected sanitary sewer easement from
Dubuque Community School District.
RESOLUTION Accepting a sanitary sewer easement on a part of Lot 2-3-1 of Helen E.
and Mary H. Stewart Subdivision in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Acceptance of Warranty Deed
City Manager recommending acceptance of a warranty deed from DuTrac Community
Credit Union for a right-of-way pumhase on South Way at Asbury Road.
RESOLUTION Accepting a conveyance of property on South Way to the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Alexander Company - Application for Historic Tax Credits
City Manager recommending that the City endorse The Alexander Company's
applications for National Register certification and federal and state historic tax credits
for the rehabilitation of the Star Brewery Company.
Suggested Disposition: Receive and File; Approve
Iowa Brownfield Redevelopment Program Application
City Manager recommending approval of an Iowa Brownfield Development Program
application to the Iowa Department of Economic Development to assist with
environmental remediation of City-owned property in the Port of Dubuque.
RESOLUTION Endorsing the submission of an Iowa Brownfield Redevelopment
Program Application to the Iowa Department of Economic Development for
environmental remediation activities in the Port of Dubuque
Suggested Disposition: Receive and File; Approve
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Thunderbirds' Contract
City Manager recommending approval of the rental agreement with Dubuque Hockey,
Inc. (Thunderbirds) for use of the Five Flags Center for the 2003 - 2004 season.
Suggested Disposition: Receive and File; Approve
Iowa Federal Recreational Trails Program
City Manager submitting a letter to the Iowa Federal Recreational Trails Program in
support of the City of Fadey's request for funding for their Heritage Trail Connection
project.
Suggested Disposition: Receive and File; Approve
Federal Recreation Trail Grant - Pyatigorsk Park
City Manager recommending approval of the submission of a Federal Recreational
Trails grant application for Pyatigorsk Park to the Iowa Department of Transportation.
RESOLUTION Authorizing a grant application to the Iowa Department of Transportation
for Federal Recreational Trails Funds for Pyatigorsk Park
Suggested Disposition: Receive and File; Adopt Resolution
S. 150 -The Internet Nondiscrimination Act
City Manger recommending approval of the submittal of letters to Senator Chades
Grassley and Senator Tom Harkin regarding concerns with S. 150 - The Internet
Nondiscrimination Act.
Suggested Disposition: Receive and File; Approve
United States Conference of Mayors
Communication from Tom Cochran, Executive Director, The United States Conference
of Mayors, regarding the MTBE (methyl tertiary butyl ether) liability issue.
City Manager submitting letters to Senator Grassley, Senator Harkin and
Representative Nussle urging them to oppose any amendment to the comprehensive
energy bill limiting liability for manufacturers of MTBE.
Suggested Disposition: Receive and File; Approve
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General Obligation Bond Sale for Stormwater Projects
City Manager recommending approval of the final action for the
$2,100,000 General Obligation Bonds to support stormwater projects.
issuance of the
RESOLUTION Appointing Paying Agent, Bond Registrar and Transfer Agent,
appointing the Paying Agent and Bond Registrar and Transfer Agent Agreement and
authorizing execution of the agreement
RESOLUTION Authorizing and providing for the issuance of $2,110,000 General
Obligation Bonds, Series 2003, and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolutions
Homeownership Assistance Funds (PATH)
City Manager recommending approval of an application to the Federal Home Loan Bank
(FHLB) for an Affordable Housing Program grant (PATH - Pathways Affordable to
Homeownership) to assist income-qualifying families to purchase a home.
RESOLUTION Authorizing sponsorship of an application to the Federal Home Loan
Bank of Des Moines for Affordable Housing Program Funds
Suggested Disposition: Receive and File; Adopt Resolution
Voluntary Annexation Request - Kenneth and Maurine Harris
City Manager submitting a request for voluntary annexation from Kenneth and Maurine
Harris.
Suggested Disposition: Receive and File
Mississippi River's Edge Plaza and Alternate Components Project
City Manager recommending acceptance of the Mississippi River's Edge Plaza and
Alternate Components Project as completed by Renaissance Construction in the final
contract amount of $767,761.20.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Business License Refund
Request of Eagle Food Centers, Inc., 300 South Locust, for a refund of the cigarette
license in the amount of $75.00
Suggested Disposition: Receive and File; Approve Refund
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Business Licenses
RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette
papers to Downtown Eagle, Inc.
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Downtown Eagle,
Inc.
RESOLUTION Granting the issuance of a Class "C" BeedLiquor License to Dog House,
Grand Tap and Grand River Center; Special Class "C" Liquor License to Caf6 Manna
Java; Class "B" Wine Permit to Downtown Eagle, Inc.; and Class "E" Liquor License to
Downtown Eagle, Inc.
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition - John F. Kennedy Roadway Easement
City Manager recommending that a public hearing be set for October 20, 2003 to
consider a request from Grandview Avenue United Methodist Church to vacate a
portion of John F. Kennedy Road easement
RESOLUTION of Intent to dispose of interest and vacate a portion of the John F.
Kennedy roadway and utility easement over Lot 1 and Lot 2 of Barton Randle Addition
in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/20/03
Economic Development Grant - Adams Company
City Manager recommending that a public hearing be set for October 20, 2003 to
consider the issuance of not to exceed $500,000 in General Obligation Capital Loan
Notes to support the Adams Company expansion project at the Dubuque Industrial
Center West.
RESOLUTION Fixing date for a meeting on the authorization of a loan agreement and
the issuance of not to exceed $500,000 General Obligation Capital Loan Notes of
Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/20/03
Dubuque Bank and Trust Tunnel Easement
City Manager recommending that a public hearing be set for October 20, 2003 to
consider a request from Dubuque Bank and Trust to enter into a tunnel easement
agreement to construct a tunnel within the public right-of-way of Central Avenue.
RESOLUTION Of intent to dispose of a portion of the City's interest under a portion of
Central Avenue between 13th and 14th Streets in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/20/03
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PUBLIC HEARINGS
SUSPEND THE RULES
Vacating Petition - South Way at Asbury Road
Proof of publication on notice of hearing to consider a request from Clarence P. Pfohl to
vacate a portion of South Way at Asbury Road and City Manager recommending
approval.
RESOLUTION Disposing 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 Resolution
Subordination Agreement - Premier Bank
Proof of publication on notice of hearing 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 and City Manager recommending approval.
RESOLUTION Authorizing a Subordination Agreement in regard to a mortgage interest
in City Lot 80 and the South 1 and 5/12 feet of Lot 79 in the City of Dubuque, Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Chestnut Street Reconstruction Project
Proofs of publication on notice of hearing to consider adoption of the plans and
specifications and Resolution of Necessity for the Chestnut Street Reconstruction
Project and City Manager recommending approval.
RESOLUTION Approving plans and specifications
RESOLUTION With respect to the adoption of the Resolution of Necessity
proposed for the Chestnut Street (Highland to Cox) Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolutions
Carter Road Detention Basin 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 contract
for the Carter Road Detention Basin Project to Tschiggfrie Excavating in the amount of
$590,316.35.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Tschiggfrie Excavating
Suggested Disposition: Receive and File; Adopt Resolutions
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Port of Dubuque Parking Lot Renovation and Resurfacing 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 contract
for the Port of Dubuque Parking Lot Renovation and Resurfacing Project to Portzen
Construction, Inc. in the amount of $476,492.35.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Portzen Construction
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
Eagle Point Bluff - Request for Public Hearing
Communication from S.A. Sutton, Charles Winterwood, Francine Banwarth and Matt
Lundh submitting signatures opposing the Royal Oaks condominium project and
requesting that the City Council set a public hearing for the next meeting.
City Manager submitting information on the development.
Suggested Disposition: Receive and File; Council
Irish Fest
Request of John Finn and Fran Henkels to address the Council regarding the location of
Irish Fest.
City Manager submitting background information on Irish Fest.
RESOLUTION Granting issuance of a Class "B" Beer (5-Day Special Event)
Suggested Disposition: Receive and File; Council; Adopt Resolution
QHQ Request for Rezoning (Tabled on August 4, 2003)
Communication of Kenneth L. Buesing requesting that the QHQ request for rezoning
property located south of Holliday Drive, west of the Northwest Arterial, be placed back
on the City Council agenda.
Suggested Disposition: Receive and File; Remove from Table; Motion B; Motion
A
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Westbrook Subdivision - Final Plat
City Manager recommending approval of the final plat of Phase I of Westbreok
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 Westbreok
Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Northwest Arterial Access
City Manager recommending approval of a request from Martin J. McNamer, Harvest
Development Group, LLC, to construct a temporary access on to the Northwest Arterial
for construction of an assisted living project.
Suggested Disposition: Receive and File; Approve
University Avenue Reconstruction Project
City Manager recommending award of the contract for the University Avenue
Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching
Project from Alta Vista to Spruce Street to Horsfield Construction, Inc., in the amount of
$1,007,996.36
RESOLUTION Awarding contract to Horsfleld Construction
Suggested Disposition: Receive and File; Adopt Resolution
Letter of Appreciation - Paramedic Services
Council Member Dan Nicholson presenting a $100 check and letter from Pauline
Wegner of Van Dyne, WI thanking the City for paramedic services provided to her
husband on August 15, 2003.
Suggested Disposition: Receive and File
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 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
Collective Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa
Jeanne F. Schneider
October 2, 2003
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