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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 ..~s~.~ ~o.~/~.. c~.c,. ~.s ~o.. c.~.~, co.~o.s, 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 i)BuolNays Cline Connors /~uggan I~l¥1arkham ~ Michalski Nicholson 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 Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 2 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 Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholeon 3 = 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 Ayes Nays Buol Cline Connors Duggan Markham Michalski Nichoison 4 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 A,~ s Nays Buol Cline Connors / Duggan r, Markham // ~*~l~ichaleki / ~//Niohoison 5 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 ~ Buol Cline Connors Duggan ~/Markham Michalski Nicholson 6 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 Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 7 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 Buol Cline Connors Duggan Markham Michalski Nichotson 8 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 Buol Cline Connora Duggan Markham Michalski Nicholson 9 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 Ayes Nays Buol Cline Connors Duggan Markham Michaiski Nichoison 10 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 Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 11 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 Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 12 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 Ies Nays ~Buol ~Cline Nicholson 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 = 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 · 10120103 13 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 Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 14 PUBLIC HEARINGS SUSPEND THE RULES /~ ~.s Nays I I / Buol },,} w ~line // (~',~onno~ Markham / ~ ~iohol~on 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 ,/ Buol ~ Cline .~/ /~,)Connom // ~'~Duggan // J/~)Markham / /~ Michalski /Nichoison 16 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 Nays Buol Cline Markham Michalski Nicholson Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson m 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 /~Duggan /'~Markham ~J Michalski Nicholson 18 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 Buol /~Cline ~'~ Connors Duggan Markham Michalski ~icholson REINSTATE THE RULES  es Nays .~ Buol [~Cline /// ~' Connom // ~. Duggan /~//) Markham /~/ Michalski Nicholson 19 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 //~~ AY~/BuolNa~ ,/',.(:line '~' ~ ~ Connom Michalski ,~) Nicholson Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson B 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 ~' .~ Buol 'Cli.s Connors ~'/~ MiChalski / ~) Nichoison Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 21 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 BuolNays Cline Connors / Markham ~/ /2Michalski ///~'/~Nich°ls°n,~&, Aye~ Nays ~Buol Cline ~ Nicholson 22 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 Nays ~Cline Duggan Mi~halski ~Nichol~n 23 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 ye~ BuolNays Cline Connors Duggan Markham Michalski / ~ Nicholson = 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 ,~/~yes Nays Buol Cline Connors /.~ Duggan ///~ Markham "~ Nicholson 24 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 , J~ Ayes Nays ~. ~/~[ J ,it/ Buol ,~,~0/~ I~~/ -- ~'~ // Duggan /~ ' Markham ~ Nicholson 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 ~Ayes/\ Nays ~/ Buol  /~JCline Connors ~./ Duggan Markham Motion to adjoum at ~/~--"/ _Michalski ~Nicholson Connors ~Duggan Markham Michalski Nicholson 25