10 20 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, OCTOBER 20, 2003
COUNCIL MET IN SESSION AT 6:30 P.M. IN
REGULAR THE LIBRARY AU~FORIUM
PRESENT: MAYOR D~GGAN, COUNCIL MEMBERS ~UOL, CL4~NE, CONNORS,
MARKH~I, MICH~LSKI, NIC~:)LSON //
CITY MANAGER MICHAEL VA~I/~ILLIGEN; CORPORATION COUNSEL BARRY UNDAHL
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: Sister Mary Kivlahan, OSF, Pastoral Associate, Holy Trinity Catholic
Church
PROCLAMATIONS
Red Ribbon Wee.k /
PRESENTATION
Dubuque Initiatives to Provide Information on Minor League Baseball in Dubuque
Suggested Disposition: Receive and File; Council Direction ~ ~/
Ayes Nays
uol
,~/~line
'~'~/Connors
/ Duggan
/// Markham
/~ Michalski
/ ~ Nicholson
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
2
CONSENTITEMS
Bu°lNays
Cline
Connors
Duggan
Markham
_~Michaiski
~Nicholson
Minutes and Reports Submitted
Airport Commission of 9/22; Cable TV Regulatory Commission of 10/10; Cable
Community Teleprogramming Commission of 10/7; City Council of 10/6; Civil Service of
9/18 and 10/8; Housing Code Appeals Board of 9/16; Human Rights Commission of 9~8;
Joint City/County Planning Committee of 9/22; Mechanical Board of 10/1; Zoning Board
of Adjustment of 9/25
Proof of publication of City Council Proceedings for September 15 and 26, 2003
Printed Council Proceedings for August, 2003
Finance Director submitting the City of Dubuque Financial Reports for month ending
September 31, 2003
Suggested Disposition: Receive and File; Approve as Printed
3
Notice of Claims/Suits
Michael W. Sand for vehicle damage; James C. Walgren for vehicle damage; Raymond
Worden, Jr. and Bambi Worden vs. 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:
James Walgren for vehicle damage
Corporation Counsel recommending settlement of the claim of Krisfina Keuter for
vehicle damage and James Mess for towing charges and directing the Finance
Department to issue proper payment.
Corporation Counsel recommending that the claim of Michael Sand for vehicle damage
be referred to River City Paving.
Suggested Disposition: Receive and File; Concur
Citizen Communications
Communication from Tim Laehn regarding a program he has initiated in Allison, Iowa to
welcome new residents.
Request of Bob Felderman, representing Edward Walz, for a two-hour parking zone in
front of 1365-1367-1385-1399 Jackson Street.
Suggested Disposition: Receive and File; Refer to the City Manager
Eagle Food Centers, Inc.
Notices of filing in the United States Bankruptcy Court for the Northern Distdct of Illinois
Eastern Division by Eagle Food Centers, Inc., et al. (Note: Documents on file in the
City Clerk's Office.)
Suggested Disposition: Receive and File
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michaleki
Nicholeon
4
Tax Appeal
Corporation Counsel submitting a Stipulation of Settlement of two tax assessment
appeals for property located at 1105 Grove Terrace (the Hancock House).
Suggested Disposition: Receive and File; Approve
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Equipment
Operator I1.
Suggested Disposition: Receive and File; Make a Matter of Record
a
Letter of Appreciation
Communication from Nancy B. Ciapalo thanking the City Council for the recant action
regarding the Chestnut Street reconstruction project.
Suggested Disposition: Receive and File
Iowa Department of Transportation
Communication from the Iowa Department of Transportation submitting Iowa's
Mississippi River Trail (MRT) Plan and requesting that the City review the plan.
Suggested Disposition: Receive and File; Refer to the City Manager
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michaiski
Nicholson
5
=
Plat of Survey - Lot I and Lot 2 of White's Place
Zoning Advisory Commission recommending approval of the Plat of Survey of Lot I and
Lot 2 of White's Place as requested by the City of Dubuque.
RESOLUTION
White's Place No.
Approving the plat of survey of Lot 1 and Lot 2 of
Suggested Disposition: Receive and File; Adopt Resolution
10.
Final Plat - Medical Associates Subdivision No. 3
Zoning Advisory Commission recommending approval of the final plat of Medical
Associates Subdivision No. 3 at the end of Aggie Street as requested by Bob Hartig.
RESOLUTION ~'~. ~.~ Approving the final plat of Medical Associates
Subdivision No. 3 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
11.
Final Plat - Sullivan's 2nd Addition
Zoning Advisory Commission recommending approval of the final plat of Sullivan's 2"~
Addition as requested by James Sullivan.
RESOLUTION
City of Dubuque, Iowa
Approving the final plat of Sullivan's 2nd Addition in the
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
~' Buol
Cline
Connors
Duggan
Markham
Michalski
~_.~Nicholson
6
12.
Administrative Services Fee Renewal
City Manager recommending approval of the administrative services fee renewal rates
submitted by Alternative Service Concepts (ASC), the City's workers' compensation
claims administrator.
Suggested Disposition: Receive and File; Approve
13.
Chestnut Street (Highland to Cox) Reconstruction Project
City Manager recommending award of the contract for the Chestnut Street (Highland to
Cox) Reconstruction Project to WC Stewart Construction Co., in the amount of
$471,823.09.
RESOLUTION /~/~//~ Awarding contract to WC Stewart Construction Co.
Suggested Disposition: Receive and File; Adopt Resolution
14.
Railroad Depot Restoration Project
City Manager recommending acceptance of the Railroad Depot Restoration Project -
Lighting Fixtures as completed by Morse Electric, Inc., in the final contract amount of
$28,061.90.
RESOLUTION ~_~Y~--~ ',~ Accepting improvement
RESOLUTION ._~/~ Approving final contract amount of $28,061.90
Suggested Disposition:
; Adopt Resolutions
AYe/BuolNays /, Cline
/ Connors
7
15.
White Street Reconstruction Project
City Manager recommending acceptance of the White Street Reconstruction Project as
completed by WC Stewart Construction Co., in the final contract amount of
$2,757,473.33.
RESOLUTION ~:P~ Accepting improvement
RESOLUTION ~?~. ~ Approving final contract amount of $2,757,473.33
Suggested Disposition: Receive and File; Adopt Resolutions
16.
Fiber Optic Connection Project
City Manager recommending acceptance of the Fiber Optic Connection Project between
the City Network and the Port of Dubuque as completed by Volkens Excavating in the
final contract amount of $11,625.
RESOLUTION ~/'~D Accepting improvement
RESOLUTION ~'~- ~ ~ Approving final contract amount of $11,625.
Suggested Disposition: Receive and File; Adopt Resolutions
17.
Library Roof Replacement Project
City Manager recommending acceptance of the Library Roof Replacement Project as
completed by Jim Giese Commercial Roofing in the final contract amount of $44,378.
RESOLUTION
RESOLUTION
Accepting improvement
Approving final contract amount of $44,378
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
8
18.
Helping Services for Northeast Iowa Subcontract
City Manager recommending approval of a subcontract agreement with Helping
Services of Northeast Iowa for Police Officers to participate in the Iowa Department of
Health Drag and Violence Prevention Grant.
Suggested Disposition: Receive and File; Approve
19.
20.
Iowa Chicago & Eastern Railroad Agreements
City Manager recommending approval of agreements with the Iowa Chicago & Eastern
Railroad for the installation of a five-inch fiber optic conduit and the construction of a
railroad switch for Flynn Ready-Mix Concrete.
RESOLUTION ~-~ Approving agreement with the Iowa Central & Eastern
Railroad for the installation of a five-inch fiber optic conduit at 17th and Elm Street
RESOLUTION ~/~/~ ~. Approving agreement with the Iowa Central & Eastern
Railroad for the construction of a railroad switch and rail extension for the Flynn Ready-
Mix Concrete Co. railroad spur
Suggested Disposition: Receive and File; Adopt Resolutions
Agreement with Hi#crest Family Services
City Manager recommending approval of an agreement with Hillcrest Family Services
for use of Murphy Park from November 1= through January 4th to set up a holiday light
display.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Buol
Cline
Connom
Duggan
Markham
Michalski
Nicholson
9
21.
Business License Refund
Request of Kwik Trip, Inc. for a refund of the cigarette license for the Tobacco Outlet
Plus at 66 West 32"d Street and Eagle Food Center at 1800 Elm Street.
Suggested Disposition: Receive and File; Approve
22.
Business Licenses
RESOLUTION ~/~ ~ ~2~..~ Granting the issuance of a Class "C" Beer/Liquor
License to Rainbow Lounge, Europa Haus and Bierstube, Channel In, and Carlos
O'Kelly's; and Special Class 'C" Liquor License to Grape Harbor
Suggested Disposition: Adopt Resolution
Ayes Nays
Buol
Cline
Connom
Duggan
Markham
Michalski
Nicholson
10
ITEMS TO BE SET FOR PUBLIC HEARING
2.
3.
4.
Sale of City Property - Medical Associates Subdivision - November 3, 2003
2003 Local Law Enforcement Block Grant Funds - November 3, 2003
Ice Harbor Pump Auxiliary Power Project - December 1, 2003
County Farm Interceptor Sewer Extension Project- November 17, 2003
Nays
Buol
[I))Cline
Connora
Duggan
Markham
Michalski
~ticholson
Sale of City Property - Medical Associates Subdivision
City Manager recommending that a public hearing be set for November 3, 2003 to
consider a request from Oak Park Place of Dubuque, LLC, the developer of Lot 10 of
Medical Associates Subdivision, to purchase Lots 1, 2 and 3 of Medical Associates
Subdivision.
RESOLUTION ~-~'UY ~_~ of Intent to dispose of City interest in Lots 1, 2, and 3
of Medical Associates Subdivision No. 3 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1113/03
2003 Local Law Enforcement Block Grant Funds
City Manager recommending that a public hearing be set for November 3, 2003
regarding the 2003 Local Law Enforcement Block Grant award.
Suggested Disposition: Receive and File; Public Hearing 1113103
Ice Harbor Pump Auxiliary Power Project
City Manager recommending initiation of the bidding process for the Ice Harbor Pump
Auxiliary Power Project and setting a public hearing for December 1, 2003~
RESOLUTION ~-//~-~ -~:~ Preliminary approval of plans and specifications
RESOLUTION
Fixing date of hearing on plans and specifications
11
RESOLUTION ~'E-/`~'~''j Ordedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
1211103
County Farm Interceptor Sewer Extension Project
City Manager recommending that a public hearing be held on November 17, 2003 to
consider establishing the County Farm interceptor sewer connection fee at $500 per
acre.
RESOLUTION /~/~"5).~ Providing for notice of the date, time and place of a
public headng on an ordinance establishing a connection fee for the County Farm
Sanitary Interceptor Sewer
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11 I17103
12
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory Commission (One youth member for a one-year term
and two 3-year terms thmugh 10/1/06): ~
Applicants: Stephanie Beecher (Youth);~sep~~/~:oseph D. Su z
Historic Preservation Commission (One unexpired term through 7/1/05 for Old Main District;
two 3-year terms through 7/1/06 for At-Large)
Applicants: James E. Gibbs (At-Large); Matthew Lundh ~ (At-
Large); David C. Stuart ~(At-Large)
13
PUBLIC HEARINGS
SUSPEND THE RULES
/~ Ay~ BuolNays
·; -- Cline
.// (~/'2)/Connors
7 ~/ Duggan
/ Markham
Michalski
/
Grandview Avenue United Methodist Church
Proof of publication on notice of hearing to consider rezoning property located at 419
and 485 North Grandview/1755 Bennett Street/1730 Grace Street from R-1 Single-
Family Residential District to C-2 Neighborhood Shopping Center District at the request
of the Grandview Avenue United Methodist Church/Ambrose and LaVeme Klein/Shane
Klaas/Robert and Naoko Crippes/Richard Hartig and Zoning Advisory Commission
recommending approval.
Communications in support of the rezoning and communications in opposition to the
rezoning (in excess of 20 percent).
\/
ORDINANCE ,~//~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Co~l'e of Ordinances by reclassifying hereinafter described property
located at 419 North Grandview Avenue from R-1 Single-Family Residential District to
C-2 Neighborhood Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority
Vote Necessary)/'/. ~' ~1i/~ ~/~
~ Connors
j/~ Duggan
/ ///Markham
~'~ Michalski j
.//~Jicholson
14
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
=
John Kretz/Perfecflon Oil Company
Proof of publication on notice of hearing to consider rezoning property located at
3136/3146 Central Avenue from R-3 Moderate Density Multi-Family Residential District
to C-2 Neighborhood Shopping Center District at the request of John Kretz/Perfection
Oil 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 3136/3146 Central Avenue from R-3 Moderate Density Multi-Family
Residential District to C-2 Neighborhood Commercial Distdct
Suggested Disposition: Receive and File; Motion B; Motion A
~,~ //)/) Connors
· ~' Duggan
Markham
Michalski
~ Nicholson
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
16
Joel Callahan - Seippel Road North of the Dubuque Industrial Center West
Proof of publication on notice of hearing to consider rezoning property located west of
Seippel Road, north of the Dubuque Industrial Center West, from County R-2 Single-
Family Residential District to City CS Commercial Service and Wholesale District and LI
Light Industrial District, in conjunction with annexation, at the request of Joel Callahan
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 along with west side of Seippel Road from Dubuque County R-2 Single-Family
residential District to City of Dubuque CS Commemial Service and Wholesale District
and LI Light Industrial District, with conditions, concurrent with annexation
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Buo,
Cline
Connors
Duggan
//~'/Markham
Michalski
Nicholson
17
a
The Cafaro Company - Request to Amend Planned Unit Development District
Proof of publication on notice to hearing to consider a request from The Cafaro
Company for property located at 555 John F. Kennedy Road to amend the Planned Unit
Development with a PC Planned Commercial District to require one parking space for
every 250 square feet of GLA (gross leasable area) to allow for an additional 82,000
square feet of new GLA and amend the sign regulations for Kennedy Mall and Zoning
Advisory Commission recommending approval.
ORDINANCE ~ ~ ~,_~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances for the hereinafter described property located at
555 John F. Kennedy Road and adopting a new Conceptual Development Plan and
Ordinance for the Kennedy Mall PUD Planned Unit Development
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Buol
Cline
Connors
Duggan
/~Markham
Michalski
('~ Nicholson
18
Tunnel Easement Agreement - Dubuque Bank and Trust
Proof of publication on notice of hearing to consider a tunnel easement agreement with
Dubuque Bank and Trust for construction of a tunnel to connect two buildings on the
east and west side of Central Avenue between 13t~ and 14th Streets and City Manager
recommending approval.
RESOLUTION ~/7/~/~ ~5 Disposing of a portion of the City's interest under a
portion of Central Avenue between 13th and 14t~ Streets in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
~ Ayes Nays
A Buol
/~) Cline
~/Duggan
Markham
Michalski
Nicholson
19
Vacating Petition - John F. Kennedy Road Easement
Proof of publication on notice of hearing to consider disposing of City interest and
vacating a portion of the John F. Kennedy roadway and utility easement to Grand View
United Methodist Church and City Manager recommending approval.
RESOLUTION z~ 7~_~ Disposing of interest and vacating a portion of the
John F. Kennedy roadway and utility easement over Lot I and Lot 2 of Barton Randle
Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ay .~S~ Nays
~ /'~ ~ BuoI
C,i.e
/'/~ Connors
//~, Duggan
~ Markham
Miohalski
Ni,hol~on
20
General Obligation Capital Loan Notes
Proof of publication on notice of hearing to consider the issuance of not to exceed
$500,000 General Obligation Capital Loan Notes to support the Adams Company
expansion project at the Dubuque Industrial Center West and City Manager
recommending approval.
RESOLUTION ~/~g~'~-~ Instituting proceedings to take additional action for
the authorization of a loan agreement and the issuance of not to exceed $500,000
General Obligation Capital Loan Notes
Suggested Disposition: Receive and File; Adopt Resolution
,~/~Ayes Nays
~ I Buol
/~ Cline
(/~JConnors
--Duggan
~', Markham
Michalski
Nicholson
21
Eagle Point Water Plant Chemical Compound and Roof Addition 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 Eagle Point Water Plant Chemical Compound and Roof Addition Project to Kluck
Construction Company.
RESOLUTION /Tz~ '~:~.~ Adopting plans and specifications for the project
RESOLUTION Z2~./(~'~-~ Awarding contract to Kluck Construction
Suggested Disposition: Receive and File; Adopt Resolutions
Nays
~.Buol
Connors
Duggan
Mayhem
~Michaleki
Nicholson
Eagle Point Water Plant ADA Renovation 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 rejection of the bids
received for the Eagle Point Water Plant ADA Renovation Project.
RESOLUTION /___/,/~:2~.~ Rescinding Resolution No. 333-03 Preliminary
approval of the plans ~nd specifications for the renovation of the Eagle Point Water
Plant at 1902 Hawthorne Street, Dubuque, Iowa to the Amedcan Disability Act
standards
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
~'/~ Buol
'/, Cli.e
~(.~ Connors
× Duggan
/ -Markham
icha k,
.~ ~ Nicholson
22
REINSTATE THE RULES
. ye~ Nays
Buol
/ ~Cline
// Connors
// Duggan
/ ~ Markham
///~ Michalski
/c/Nichoison
23
ACTION ITEMS
Establishment of the Warehouse Neighborhood Demolition District
Communication from the Historic Preservation Commission recommending City Council
approval of an amendment to the Demolition Distdct Ordinance that would establish the
Warehouse Neighborhood Demolition District.
ORDINANCE Amending Chapter 11 (Building Regulations) of the City
of Dubuque Code of'Ordinances by amending Section 11-4(a) by creating the
Warehouse Neighborhood Demolition District
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
Buol
Cline
Connors
Duggan /
Markham
Michalski
Nicholson
~/~yes Nays
· Buol
Cline
Connors
Duggan
Markham
//'/'~ Michaiski
~Nicholson
24
=
Freedom Ridge Estates - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of
Freedom Ridge Estates located on the north side of Oakland Farms Road in Dubuque
County as requested by John and Tina Perry.
Suggested Disposition: Receive and File; Approve
~/Ayes Nays
Buol
/~Cline
{~Connors
~ ~Duggan
//~/Markham
~' Michaiski
Nicholson
=
Administrative Fee - Police Authorized Vehicle Impoundments
City Manager recommending approval of an amendment to the Code of Ordinances to
provide for a $20.00 administrative fee for the towing and impoundment of vehicles by
the Police Department.
ORDINANCE ~/"~ ~-~ Amending the City of Dubuque Code of Ordinances
Section 32-432 Unauthorized Removal of Vehicle by adding the requirement of payment
of an administrative fee to the City of Dubuque before an impounded vehicle can be
removed from a facility where it is being held
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
/~. Buol
Cline
Connors
/~Duggan
_/ /~Markham
· ~" Michaiski
Nicholson
25
=
Purchase of Real Estate at 1911 Windsor Avenue
City Manager recommending approval of the purchase of a single-family dwelling
located at 1911 Windsor Avenue.
RESOLUTION ~-/~. ~2.~ Approving the acquisition of real estate located at
1911 Windsor Avenue in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Nays
Buol
Cline
Connors
Duggan
Markham
.M.!chalski
~JN~cholson
=
Key West Drive SignagelParking
City Manager recommending that parking be prohibited on both sides of Key West Drive
from Maquoketa Drive to the southerly City limits and that the existing stop signs at this
intersection be added to the City's Code of Ordinances.
ORDINANCE ~;:~__~t~_~ Amending Section 32-262(d) of the Code of
Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or
portions thereof by adding a portion of Rockdale Road and Key West Drive
ORDINANCE ~'~ .~:2~./~ Amending the Code of Ordinances of the City of
Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the
addition of stop signs on Key West Drive and Rockdale Road
Suggested Disposition: Receive and File; Motion B; Motion A
..Ay/~s Nays
/~/ Buol
Cline
~ {~j Connors
/j '~' Duggan
/ ~ / Markham
// Michalski
~' Nicholson
26
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concem 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) 2003 Code of Iowa
Collective Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa
Motion to go into closed session at J,'~ /2,~
Motion to adjoum at
e.~--) Nays
Cline
J Nicholson
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
27