10 6 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, ~E~, 2003 ,.~
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN T, HE LIBRARY A,~/DiTORIUM
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MARKed'AM, MICH~LSKI, NICHOLSON t
CITY MANAGER MICHAEL VA~ILLIGEN; CORPORATION COUNSEL BARRY L~/DDAHL
ABSENT:
Mayor Duggan read ~he 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: Dr. Dan Thornton, Interim Pastor of Third Presbyterian Church
World Food Prize Week
Make aWill Month. ~.~j~X
CONSENT ITEMS
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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; Historic 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
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Notice of Claims/Suits
Amy Ellis for vehicle damage; Rachel Houselog for vehicle damage; Shawn Kohnen for
vehicle damage; Kristina Keuter for vehicle damage; James Mess for towing expense;
Sodamck 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
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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 ~/-~/~' ~:~
RESOLUTION ~_~-~:~ ~
Accepting improvement
Approving final contract amount of $86,175.00.
Suggested Disposition: Receive and File; Adopt Resolutions
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10.
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 ~_~-~'/' ~-~
RESOLUTION
Accepting improvement
. Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
11.
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 ~'~.-~- ~--~
RESOLUTION D~" ~
Accepting improvement
Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
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12.
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
13.
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
RESOLUTION
Accepting Improvement - Contract #7
Approving Final Estimate - Contract #7
RESOLUTION ~"~-~;-~' "gP~ Accepting Improvement - Contract #8
RESOLUTION ~_~/~:2~ g?_~ Accepting Final Estimate - Contract #8
Suggested Disposition: Receive and File; Adopt Resolutions
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14.
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
15.
Acceptance of Warranty Deed
City Manager recommending acceptance of a warranty deed from DuTrac Community
Credit Union for a fight-of-way purchase 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
16.
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
Ayes Nays
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17.
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 remediatJon 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
18.
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
19.
Iowa Federal Recreational Trails Program
City Manager submitting a letter to the iowa Federal Recreational Trails Program in
support of the City of Farley's request for funding for their Heritage Trail Connection
project.
Suggested Disposition: Receive and File; Approve
Ayes Nays
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20.
Federal Recreation Trail Grant - Pyafigorsk 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
21.
S. 150 - The Internet Nondiscrimination Act
City Manger recommending approval of the submittal of letters to Senator Charles
Grassley and Senator Tom HaHdn regarding concerns with S. 150 - The Internet
Nondiscrimination Act.
Suggested Disposition: Receive and File; Approve
22.
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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23.
General Obligation Bond Sale for Stormwater Projects
City Manager recommending approval of the final action for the issuance of the
$2,100,000 General Obligation Bonds to support stormwater projects.
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,t 10,000 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 pumhase 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
25.
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
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26.
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
RESOLUTION
Accepting improvement
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
26.
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
27.
Business Licenses
RESOLUTION .~:~'~ ~'-~ Granting the issuance of one new permit to sell
cigarettes and cigarette papers to Downtown Eagle, Inc.
RESOLUTION .~7/' - ~._~ Granting the issuance of a Class "C" Beer Permit to
Downtown Eagle, Inc.
RESOLUTION .~,~ ' ?-~ Granting the issuance ora Class "C" Beer/Liquor
License to Dog House, Grand Tap and Grand River Center; Special Class "C" Liquor
License to Caf~ Manna Java; Class "B' Wine Permit to Downtown Eagle, Inc.; and
Class "E' Liquor License to Downtown Eagle, Inc.
Suggested Disposition: Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition - John F. Kennedy Roadway Easement - October 20, 2003
Economic Development Grant - Adams Company - October 20, 2003
Dubuque Bank and Trust Tunnel Easement - October 20, 2003
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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 Chumh to vacate a
portion of John F. Kennedy Road easement
RESOLUTION ~5- ~ 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
10120103
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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 ~.~'/~ ~:2~ 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 ·
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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 ~7~ -~ "~ 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
10/20103
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PUBLIC HEARINGS
SUSPEND THE RULES
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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 ~ l ~ 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
15
Subordination Agreement - Premier Bank
Proof of publication on notice of headng 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 ~.~'~2 ~ Authorizing a Subordination Agreement in regard to
a mortgage interest in City Lot 80 and the South I and 5/12 feet of Lot 79 in the City of
Dubuque, DUbuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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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 ~7~-~-~ Approving plans and specifications
RESOLUTION ._~y~O,_~ W'rth respect to the adoption of the Resolution
of Necessity proposed for the Chestnut Street (Highland to Cox) Reconstruction
Project
Suggested Dis
Receive and File; Adopt Resolutions
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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
RESOLUTION
Adopting plans and specifications for the project
Awarding contract to Tschiggfrie Excavating
Suggested Disposition: Receive and File; Adopt Resolutions
Nays
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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 Resu~facing Project to Portzen
Construction, inc. in the amount of $476,492.35.
RESOLUTION
RESOLUTION
Adopting plans and specifications for the project
Awarding contract to Portzen Construction
Suggested Disposition: Receive and File; Adopt Resolutions
Nays
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REINSTATE THE RULES
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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 //~~
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Ayes Nays
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Irish Fast
Request of John Finn and Fran Henkels to address the Council regarding the location of
Irish Fast.
City Manager submitting background information on Irish Fast.
RESOLUTION ~.~''z'x/~ ~:~.~ Granting issuance of a Class ~B' Beer (5-Day
Special Event)
Suggested Disposition: Receive and File; Council; Adopt Resolution
A/ye~ Nays
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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.
ORDINANCE '~ ~-~::~_.~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinaEer described property
located south of Holliday Ddve, west of the Northwest Arterial, from AG Agricul~PuerartYl. z:~'.~/--)~' - ~""2"/..
District to C-3 General Commercial zoning district, with conditions
Suggested Disposition: Receive and File; Remove from Table; Motion B;
A
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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 Jcel Callahan.
RESOLUTION ~,-~g:~ 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
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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
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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 Horsfleld Construction, Inc., in the amount of
$1,007,996.36
RESOLUTION ~.~ '~' Awarding contract to Horsfleld Construction
Suggested Disposition: Receive and File; Adopt Resolution
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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: Rec_..e~e and File
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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 cleady. 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
Motion to go into Closed Session at
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Motion to adjoum at ~/~--"/
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