7 19 04 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, JULY 19, 2004
INVOCATION
Pastor Jon Peach, Hope Church
PROCLAMATIONS
Dubuque County Fair Week (July 27 - August 1,2004)
United Way Campaign Time (August 10 - October 31,2004)
CONSENT ITEMS
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.
1.
Minutes and Reports Submitted
City Council of 7/6; Civil Service Commission of 6/17; Environmental Stewardship
Advisory Commission of 7/6; Historic Preservation Commission of 6/17; Library Board of
5/27; Park and Recreation Commission of 618; Zoning Advisory Commission of 717;
Zoning Board of Adjustment of 6/24
Proofs of publication of City Council Proceedings of 6/21 and 6/29 (On file in the City
Clerk's Office)
Printed Council Proceedings for April 2004
Finance Director submitting the City of Dubuque Financial Reports for the month ending
June 30, 2004 (on file in the City Clerk's Office)
Suggested Disposition: Receive and File; Approve as Printed
2.
Notice of Claims/Sui1s
Country Springs Condo Homeowners Association for property damage; Edwards
Concrete Contractors, Inc. vs. City of Dubuque; Henry and Maryjo Haas, Jr. for vehicle
damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
3.
4.
Corporation Counsel advising that the following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Rick D. Mueller for vehicle damage.
Corporation Counsel recommending settlement of the claim of Rita R. Stevenson for
vehicle damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Lead
Mechanic and Firefighter.
Suggested Disposition: Receive and File; Make a Matter of Record
Mediacom
Mediacom 2003 Annual Report (on file in the City Clerk's Office).
Suggested Disposition: Receive and File
5.
Iowa Department of Economic Development - City Development Board
Communication from Steven R. McCann, City Development Board Administrator,
submitting the Findings of Fact and Conclusions of Law and the Final Order filed by the
City Development Board approving the voluntary annexation petition submitted by the
City of Dubuque.
Suggested Disposition: Receive and File
6.
Plat of Survey - 3860 Asbury Road
Zoning Advisory Commission recommending approval of a simple plat to divide Lot 1 in
Kitchen family properties located at 3860 Asbury Road as requested by David
Schneider/James and Sharon Schneider.
RESOLUTION Approving the Plat of Survey of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Kitchen
Family Properties in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
7.
Scoring of Certified Local Government (CLG) Grant Applications
Historic Preservation Commission recommending that the City Council support the
'proposed scoring process submitted by the State Historical Society of Iowa for Certified
Local Government (CLG) Grant applications.
Suggested Disposition: Receive and File; Approve
2
.. .
."..
8.
9.
10.
11.
Establishment of Fair Market Value
City Manager recommending establishment of the Fair Market Value for a portion of the
property currently owned by Charles R. and Beverly Pullen at 19299 Riverside Road for
wetlands mitigation in connection with the University Avenue extension project.
RESOLUTION Establishing the Fair Market Value for certain real property owned by
Charles R. and Beverly Pullen in the City of Dubuque, Iowa for wetlands mitigation in
connection with the University Avenue extension project
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Yacht Basin - Lease Assignment
City Manager recommending approval of the assignment of certain leases between the
City of Dubuque and Dubuque Yacht Basin, Inc. from U.S. Bank to American Trust and
Savings Bank.
RESOLUTION Consenting to the assignment of certain leases between the City of
Dubuque, Iowa, and Dubuque Yacht Basin, Inc. to American Trust & Savings Bank
Suggested Disposition: Receive and File; Adopt Resolution
US 52 Bridge Repair over Catfish Creek
City Manager recommending approval of an agreement between the City of Dubuque
and the Iowa Department of Transportation for repairs to the US 52 bridge over Catfish
Creek.
RESOLUTION Approving the agreement between the City of Dubuque and the Iowa
Department of Transportation for repairs to US 52 bridge over Catfish Creek (STPN-52-
2-2J-31)
Suggested Disposition: Receive and File; Adopt Resolution
Port of Dubuque Sign and Landscaping Project - Acceptance
City Manager recommending acceptance of the Port of Dubuque Sign and Landscaping
Project as completed by Portzen Construction, Inc., in the final contract amount of
$78,416.70.
RESOLUTION Accepting improvement
. RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
3
12.
13.
14.
15.
16.
Holliday Third Addition - Temporary Access
City Manager recommending approval of a request from Tom Larson of Buesing and
Associates, representing McDermott Excavating, to construct a temporary access on
the Northwest Arterial for construction of improvements to Holliday Third Addition
located immediately west of the Northwest Arterial and 1,500 feet south of Asbury
Road.
Suggested Disposition: Receive and File; Approve
Four Oaks Community Partnership (cp2) Grant - Subcontract Amendment
City Manager recommending approval of an amendment to the subcontract for services
for the Four Oaks Housing Education and Rehabilitation Training (HEART) Program
Community Partnership (cp2) grant.
RESOLUTION Authorizing Four Oaks, Inc. to amend the subcontract with the Four
Mounds Foundation for the Housing Education and Rehabilitation Training (HEART)
Program Community Partnership Program (cp2) grant
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque County Historical Society - Subgrantee Agreement
City Manager recommending approval of a subgrantee agreement with the Dubuque
County Historical Society for a Scenic Byways Grant to prepare Great River Road
interpretive signs and a brochure.
RESOLUTION Approving a Sub-Grantee Agreement and Contract for Professional
Services between Dubuque County Historical Society and City of Dubuque for Scenic
Byways Project
Suggested Disposition: Receive and File; Adopt Resolution
Iowa Health Buyers Alliance
City Manager recommending approval of the submittal of a letter in support of an
application to be submitted by the Iowa Health Buyers Alliance to the Federal Mediation
and Conciliation Service.
Sug~ested Disposition: Receive and File; Approve
Public Street Standards
'City Manager providing information on the City's specifications and standards for
minimum thickness and composition for asphalt and concrete surfaces and advising that
the Engineering Division will provide recommendations to the City Council within 90
days.
Suggested Disposition: Receive and File
4
17.
18.
19.
20.
21.
City Hall Annex Roof Replacement Project
City Manager recommending acceptance of the City Hall Annex Roof Replacement
Project as completed by Giese Sheet Metal Company, Inc., in the final contract amount
of $29,500.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
Seippel Road Water Main Extension Project
City Manager recommending acceptance of the Seippel Road Water Main Extension
Project as completed by W.C. Stewart Construction, Inc., in the final contract amount of
$95,866.85.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
Confidentiality Agreement - Mediacom
City Manager recommending approval of the execution of a Confidentiality Agreement with
Mediacom to enable City staff, consultants and attorneys to examine documents, maps and
other records supplied which may contain information the cable operator considers proprietary.
Suggested Disposition: Receive and File; Approve
Environmental Stewardship Advisory Commission - Youth Position
Communication from Mary Rose Corrigan, Public Health Specialist, advising that she
will be soliciting applications for the position of Youth Commissioner for the
Environmental Stewardship Advisory Commission.
Suggested Disposition: Receive and File
Authorization to Sign Checks
City Manager recommending that selected SMG and City employees be authorized to
sign checks for specialized City of Dubuque bank accounts.
'RESOLUTION Authorizing certain designated employees of the City of Dubuque and
SMG authorization to execute checks on behalf of the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
5
22.
Purchase of Mobile Computer Terminals
City Manager recommending approval of the purchase of mobile computer terminals for
the Police Department in the amount of $110,477.60.
Suggested Disposition: Receive and File; Approve
23.
Business Licenses
RESOLUTION Granting the issuance of a permit to sell cigarettes and cigarette papers
within the City to Kalmes Breaktime Bar and Grill
RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit
to Four Mounds Foundation (#1 and #2), Music N More (Tent 1 and 2); Dubuque Area
Labor Management (Tent A and B)
RESOLUTION Granting the issuance of a Class "c" Beer/Liquor License to Airport Inn,
House of China, Clarke College (One Day Outdoor Sale), and Jumpers Sports Bar (One
Day Outdoor Sale); and Class "c" (5-Day Special Event) Beer/Liquor License to
Dubuque Area Labor Management Council (Tent C)
Suggested Disposition: Adopt Resolutions
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Historic Preservation Commission (Old Main - One vacancy through expire 7/1/05; At-
Large - One term through expire 7/1/06):
Applican1s: For At-Large - Mary Loney Bichell, Timothy G. Goen, Matth~w Lundh
Transit Board of Trustees (One three-year term through 7/30/07)
Applicant: Don Stedman
Appointments to the following Commission:
Five Flags Civic Center Commission (One three-year unexpired term which will expire
6/29/06; Three three-year terms which will expire 6/29/07 - terms of Nauman, Bakke,
Brannon)
Applican1s: Rod Bakke, Michael P. Brannon, Mark Nauman
6
1.
PUBLIC HEARINGS
University of Dubuque/Institutional District Amendment
Proof of publication on notice of hearing to consider amending the University of
Dubuque Institutional District to allow for the extension of University Park Drive as
requested by the University of Dubuque and Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinances 48-02 and 84-02,
which adopted regulations for the University of Dubuque 10 Institutional District and
approving an amended Conceptual Development Plan for the University of Dubuque 10
Institutional District
Suggested Disposition: Receive and File; Motion B; Motion A
2.
RJS Development, Inc. - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 3230
Dodge Street from CS Commercial Service and Wholesale District to C-3 General
Commercial District at the request of RJS Development, Inc., 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 3230
Dodge Street (U.S. Highway 20) from CS Commercial Service and Wholesale District to
C-3 General Commercial District
3.
Suggested Disposition: Receive and File; Motion B; Motion A
Moose Lodge #355 - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 2635
Windsor Avenue from C-1 Neighborhood Commercial District to OC Office Commercial
District as requested by John HerriglMoose Lodge #355/James Christensen, and
Zoning Advisory Commission recommending approval.
Communication from Cheryl Schick, 706 Hennepin Street, in opposition to the proposed
rezoning.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
.Code of Ordinances by reclassifying hereinafter described property located at 2635
Windsor Avenue from C-1 Neighborhood Commercial District to OC Office Commercial
District
Suggested Disposition: Receive and File; Motion B; Motion A
7
ACTION ITEMS
1.
Final Plat - Forest Grange Subdivision No.3
City Manager recommending approval of the final plat of Lots 1 - 6, inclusive, of Forest
Grange Subdivision No.3.
RESOLUTION Approving final plat of Lots 1 - 6, inclusive, of Forest Grange
Subdivision No.3 in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
2.
Dubuque Jaycees
Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and 101.1 the River
Radio requesting to conduct a fireworks display on Sunday, July 3, 2005 on Volunteer
Road between Hawthorne and Lime Streets.
Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and 101.1 the River
Radio requesting the right of first refusal to the July 3rddate in future years for this
event.
Suggested Disposition: Receive and File; Council
3.
Fifth and Bell Street Signage
City Manager providing additional information regarding the proposed signage at Fifth
and Bell Streets.
ORDINANCE 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 East Fifth Street
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-214 thereof providing for the deletion of stop
signs at the intersection of East Fifth Street and Bell Street
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield
sign at the intersection of East Fifth Street and Bell Street
Suggested Disposition: Receive and File; Motion B; Motion A (First Reading on
July 6, 2004)
8
.- --~~
4.
Building Permit Moratorium - Bee Branch Creek
City Manager recommending that the building permit moratorium for commercial
properties and for the construction of new residential structures in the Bee Branch
Creek Alignment study area be extended through July 1, 2005.
ORDINANCE Amending the City of Dubuque Code of Ordinances, Chapter 11,
Buildings and Building Regulations, by adding a new Section 11-58.5 Adopting a
Moratorium on the Issuance of Building Permits for Commercial and New Residential
Construction in the Bee Branch Creek Restoration Alignment Study Area
Suggested Disposition: Receive and File; Motion B; Motion A
5.
Lombard Street - No Parking Ordinance
City Manager recommending approval of the removal of parking on the north side of
Lombard Street along the Washington Junior High School property, as requested by
residents of the area.
ORDINANCE 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 Lombard Street
Suggested Disposition: Receive and File; Motion B; Motion A
6.
Through Street Ordinance
City Manager recommending approval to designate streets wider than 36 feet within the
corporate limits of the City of Dubuque as through streets and to allow for changes in
the stop and yield sections of the City Code to be consistent with the "through streets"
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, adding
various streets to Subsection (b) of Section 32-213 thereof providing for the designation
of through streets
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214 thereof providing for the deletion of stop
signs at various intersections as described
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield
. sign at the intersection of Lake Eleanor Road and Digital Drive
Suggested Disposition: Receive and File; Motion B; Motion A
9
7.
Resources Enhancement and Protection (REAP) Program
City Manager recommending approval of the Fiscal Year 2005 REAP grant application
for Phase 1 of Water Works Park at the Hawthorne Street Peninsula.
Communication from the Dubuque County REAP Committee requesting confirmation of
a representative to the REAP Committee (currently Council Member Joyce Connors).
RESOLUTION Authorizing a grant application to the Iowa Department of Natural
Resources for REAP funds for Phase 1 of Water Works Park
Suggested Disposition: Receive and File; Council Appointment; Adopt
Resolution
8.
Adoption of International Building Code (IBC)
City Manager recommending adoption of the 2003 International Building Code (lBC)
published by the International Code Council, Inc.
ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa by repealing
Section 11-1 and Section 11-2 and enacting new Sections 11-1 and 11-2 in lieu thereof
adopting the 2003 International Building Code for the City of Dubuque, Iowa and
providing for the issuance of permits and collection of fees therefore
Suggested Disposition: Receive and File; Motion B; Motion A
9.
Adoption of International Residential Code (IRC)
City Manager recommending adoption of the 2003 International Residential Code (IRe)
published by the Intemational Code Council, Inc., and also the adoption of five
amendments recommended by the Building Code Board of Appeals.
ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa by adding and
enacting new Sections 11-5 and 11-6 thereof adopting the 2003 International
Residential Code for the City of Dubuque, Iowa and providing for the issuance of
permits and collection of fees therefore
Suggested Disposition: Receive and File; Motion B; Motion A
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
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2003 Code of Iowa
Jeanne F. Schneider
July 15, 2004
10
"'
---_we