8 2 04 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, AUGUST 2, 2004
INVOCATION
Father Thomas Rhomberg
PROCLAMATIONS
Responsible Gaming Education Week (August 2 - 6, 2004)
Tour de Dubuque Day (August 28, 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
Airport Commission of 7/6 and 7/14; Cable TV Regulatory Commission of 7/14; City
Council of 7/19; Enterprise Zone Commission of 6/14; Housing Code Appeals Board of
6/15 (Revised); Housing Commission of 6/22; Human Rights Commission of 6/7;
Investment Oversight Commission of 7/26; Library Board of Trustees of 6/24
Quarterly Report of the Investment Oversight Commission
Substance Abuse Services Center Fourth Quarter Report for Fiscal year 2004
Proof of publication of City Council Proceedings of July 6, 2004 (On file in the City
Clerk's Office)
Printed Council Proceedings for May, 2004
2.
Suggested Disposition: Receive and File; Approve as Printed
Notice of Claims/Suits
Jeanne Helling for personal injury; JP Cullen and Sons, Inc. for payments due; Robert J.
Lyons for vehicle damage; Qwest for property damage; Michael Rettenmeier for
property damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
6.
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:
Jeanne Helling for personal injury; Robert J. Lyons for vehicle damage
Corporation Counsel recommending settlement of the claim 'of Country Springs Condo
Homeowners Association for property damage and directing the Finance Department to
issue payment.
Corporation Counsel recommending denial of the claim of Henry Haas, Jr. for vehicle
damage.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
3.
City of Asbury - Annexation Update
Communication from Richard A. Anderson, Mayor - City of Asbury, providing an
annexation update.
4.
Suggested Disposition: Receive and File
2004 Local Law Enforcement Block Grant Application
City Manager recommending approval of the submission of the Police Department's
2004 Local Law Enforcement Block Grant application.
5.
Suggested Disposition: Receive and File; Approve
Ice Harbor Pump Auxiliary Power Project
City Manager recommending acceptance of the Ice Harbor Pump Auxiliary Power
Project as completed by Portzen Construction in the final contract amount of $69,395.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
Fourth Zone Water Tower Construction Project
City Manager recommending acceptance of the Fourth Zone Water Tower Construction
Project as completed by Landmark Structures 1, loP. in the final contract amount of
$1,234,770.11.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
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7.
8.
9.
Workers' Compensation Excess Insurance
City Manager recommending approval of the continuation of Safety National as the
City's excess workers' compensation carrier effective July 1, 2004 and an increase of
the self-insured retention to $450,000.
Suggested Disposition: Receive and File; Approve
Burlington Trailways Contract
City Manager recommending approval of an Independent Commission Agency Contract
between the City of Dubuque and Burlington Trailways upon termination of the
Greyhound Bus service.
Suggested Disposition: Receive and File; Approve
Enterprise Zone Contract for Gronen Adaptive Reuse LLP
City Manager recommending approval of a Housing Enterprise Zone Program
Agreement by and among the Iowa Department of Economic Development, the City of
Dubuque, and Gronen Adaptive Reuse LLLP, related to the redevelopment of properties
in the 1000 block of Main Street.
RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque, and
Gronen Adaptive Reuse, LLLP
10.
Suggested Disposition: Receive and File; Adopt Resolution
Jackson StreetlWest Locust Street Resurfacing Project
City Manager recommending acceptance of the Jackson Street/West Locust Street
Resurfacing Project as completed by River City Paving, a Division of Mathy
Construction Co., in the final contract amount of $1,162,381.33.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
11.
Suggested Disposition: Receive and File; Adopt Resolutions
Port of Dubuque Building Demolition and Clearance Project
City Manager recommending acceptance of the Port of Dubuque Building Demolition
and Clearance Project as completed by WC Stewart Construction Company in the final
contract amount of $91,500.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
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13.
14.
15.
16.
17.
12.
Downtown Master Plan
City Manager transmitting the Citizen Guide for the Downtown Master Plan.
Suggested Disposition: Receive and File
Adams Street - Plat of Survey
City Manager recommending approval of the plat of survey showing the recently-
surveyed Adams Street and Bodega Street between East 5th Street and Ice Harbor
Drive (formerly East 4th Street).
RESOLUTION Approving Plat of Survey of Adams Street, the easterly line of Bodega
Street, the southerly line of East Fifth Street, the northerly line of Ice Harbor Drive and
Lot B of Lot 11 in Industrial Subdivision No.2 all in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Heron Pond Fishing Pier - 28E Agreement
City Manager recommending approval of an amendment to the 28E Agreement with the
Iowa Department of Natural Resources for funding for the Heron Pond Fishing Pier
Project.
Suggested Disposition: Receive and File; Approve
Kavanaugh Estate
City Manager recommending the City accept a $19,644.77 bequest from the estate of
Jeanette Kavanaugh and target the funds for marketing and promotion of the KeyLine
system.
Suggested Disposition: Receive and File
Purchase of Property
City Manager recommending approval of the purchase of a residential dwelling owned
by Tim and Victoria Widmeier at 775 Gillespie Street for the planned expansion of the
West 32nd Street detention basin.
RESOLUTION Approving the acquisition of real estate located at 775 Gillespie Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Quarterly Investment Report
City Manager submitting the June 20,2004 Quarterly Investment Report as prescribed
within the City of Dubuque Investment Policy Section 17.0 "Reporting."
Suggested Disposition: Receive and File
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18.
19.
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development congratulating the
City on the successful completion of the Community Economic Betterment Account
(CEBA) Program with Swiss Valley Farms.
Suggested Disposition: Receive and File
Business Licenses
RESOLUTION Granting the issuance of two renewal licenses to sell cigarettes and
cigarette papers to Bricktown/Cooper Management and Hammerheads Bar and Grill
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Sid's Beverage
Store
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Clarke
College and Shannon's Bar and Grill; a Special Class "C" Liquor License to Bell Tower
Productions; and a Class "B" Wine Permit to Sid's Beverage Store
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1.
Praxair Oxygen Supply Agreement
City Manager recommending that a public hearing be set for August 16, 2004 to
consider disposing of an interest in real property at the Water Pollution Control Plant for
the installation of an oxygen generating and liquid oxygen storage facility by Praxair,
Inc.
RESOLUTION Of intent to dispose of an interest in real property at the Water Pollution
Control Plant by agreement with Praxair, Inc., a Delaware Corporation
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/16/04
2.
Villa Street Retaining Wall 2004 Reconstruction Project - Initiate
City Manager recommending initiation of the bidding process for the Villa Street
Retaining Wall 2004 Reconstruction Project and that a public hearing be set for
September 7, 2004.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/7/04
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3.
Port of Dubuque Storm Sewer Extension Project - Initiate
City Manager recommending initiation of the bidding process for the Port of
Dubuque Storm Sewer Extension Project and that a public hearing be set for
September 7, 2004.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/7/04
4.
Heron Pond Fishing Pier Construction Project
City Manager recommending initiation of the bidding process for the Heron Pond
Fishing Pier Construction Project and that a public hearing be set for September 7,
2004.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/7/04
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commissions:
Airport Commission (One four-year term through 9/14/08 - term of Goodmann)
Applicant: Teri Hawks Goodmann
Long Range Planning Advisory Commission (One vacant three-year term through
7/1/07):
Applicant: James Prochaska
Appointments to the following Boards/Commissions:
Historic Preservation Commission (Old Main - One vacancy through 7/1/05; At-Large -
One term through 7/1/06):
Applicants: At-Large - Mary Loney Bichell, Timothy G. Goen (Applicant Matthew Lundh
requested that his application be withdrawn)
Transit Board of Trustees (One three-year term through 7/30/07)
Applicant: Don Stedman
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PUBLIC HEARINGS
SUSPEND THE RULES
1.
Petition for Landmark Status - 1339 Alta Vista
Proof of publication on notice of hearing to consider a request from David Moessner and
Jeanne Stevenson-Moessner to have their property located at 1339 Alta Vista Street
designated as a City (local) landmark; communication from the State Historical Society
of Iowa advising that the application submitted is incomplete; and Historic Preservation
Commission recommending that the public hearing be tabled and the State's of Iowa
letter referred to the Commission.
Long Range Planning Advisory Commission recommending denial of the request of
David Moessner and Jeanne Stevenson-Moessner to have their property located at
1339 Alta Vista designated as a City (local) Landmark.
ORDINANCE Amending Chapter 25 (Historic Preservation Ordinance) of the City of
Dubuque Code of Ordinances by amending Section 25-6 Identification and Designation
of Landmarks, Landmark Sites and Historic Districts to include the structure at 1339 Alta
Vista Street as a City Landmark
Suggested Disposition: Receive and File; Table
2.
Greater Downtown Urban Renewal District Amendment
Proof of publication on notice of hearing to consider amending the Urban Renewal Plan
for the Greater Downtown Urban Renewal District to identify the Stealth Race Car
property as a possible acquisition site and City Manager recommending approval.
Communication from the Long Range Planning Advisory Commission in support of the
proposed amendment to the Downtown Urban Renewal District Plan.
RESOLUTION Approving an amendment to the Urban Renewal Plan for the Greater
Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
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5.
6.
ACTION ITEMS
1.
Dubuque Area Chamber of Commerce Convention and Visitors Bureau
Request of Sue Czeshinski, Director of the Convention and Visitors Bureau, to present
the quarterly report of the Dubuque Area Chamber of Commerce Convention and
Visitors Bureau.
2.
Suggested Disposition: Receive and File
Bee Branch Creek Restoration Project
Communication from Charlie Winterwood, Chairman of the Bee Branch Citizen Advisory
Committee, submitting the Bee Branch Citizens Advisory Committee recommendations.
Suggested Disposition: Receive and File; Refer to City Manager
3.
Communication from College Presidents
Communication from the Presidents of the University of Dubuque, Loras College and
Clarke College requesting support of a proposed City ordinance that would prohibit
underage persons from being in a bar/tavern from 9:00 p.m. until closing time.
Suggested Disposition: Receive and File; Council
4.
Demolition District Correspondence
Historic Preservation Commission submitting proposed amendments to the City's
Demolition District regulations and requesting City Council approval.
ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque
Code of Ordinances regarding Demolition Districts
Suggested Disposition: Receive and File; Motion B; Motion A
Historic District Public Improvement Program Applications
Historic Preservation Commission recommending approval of the funding of two
previously approved projects submitted for the Historic District Public Improvement
Program (HDPIP).
Suggested Disposition: Receive and File; Approve
Arts and Cultural Task Force
Communication from the Arts and Cultural Task Force submitting information on the
work of the Arts and Cultural Task Force, presenting recommendations and requesting
City Council direction.
Suggested Disposition: Receive and File; Council
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7.
8.
Middle School Traffic Signalization
City Manager recommending approval of the Dubuque Middle School/Radford Road
Traffic Signalization project and that the City enter into a partnership with the Dubuque
Community School District.
Suggested Disposition: Receive and File; Approve
Citizen Participation Plan Amendment
City Manager recommending approval of an amendment to the Citizen Participation
Plan to reflect administrative changes that have occurred and to revise the definition of
a substantial amendment.
RESOLUTION Amending the Citizen Participation Plan by repealing the existing plan
and adopting a new Citizen Participation Plan in lieu thereof for the Community
Development Block Grant (CDBG) Program
9.
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Community School District Partnership
City Manager recommending approval of a partnership with the Dubuque Community
School District to assist with financing construction of a neighborhood resource center
at the new downtown elementary school.
Suggested Disposition: Receive and File; Approve
10.
Eagle Point Park Rock Face
City Manager recommending approval of the issuance of a Request for Proposals for an
engineering firm to examine the Eagle Point Park rock bluff, identify any problems, the
potential causes for those problems and a course of action to remedy the problems.
Suggested Disposition: Receive and File; Approve
11.
Plumbing Code Ordinance
City Manager recommending adoption of the 2003 Unifonm Plumbing Code (UPC)
published by the International Association of Plumbing and Mechanical Officials.
ORDINANCE Of the City of Dubuque, Iowa providing that the Code of Ordinances, City
of Dubuque, Iowa be amended by repealing Section 37-1 thereof and enacting a new
Section 37-1 thereof pertaining to revising and reenacting a Plumbing 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
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12.
Heating, Air Conditioning and Ventilating (Mechanical) Ordinance
City Manager recommending adoption of the 2003 International Mechanical Code (IMC)
published by the International Code Council.
ORDINANCE Of the City of Dubuque, Iowa providing that the Code of Ordinances, City
of Dubuque, Iowa, be amended by repealing Section 24-1 thereof and enacting a new
Section 24-1 thereof pertaining to revising and reenacting a Mechanical Code of 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
13.
Fifth and Bell Street Signage (Third Reading)
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 A (First Reading on July 6,
2004; Second Reading on July 19, 2004)
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 - Chapter 21.5(1 )(c) 2003 Code of Iowa
Jeanne F. Schneider
July 29, 2004
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CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING
AMENDED AGENDA
Government Body: City Council
Time: 6:30 p.m.
Date: Monday, August 2, 2004
Place of Meeting: Public Library Auditorium
0 :~'
NOTICE IS HEREBY GIVEN that the above identified governmental bod~WÜí m~ at ~
time, date and place as set forth above. '- " ,)
. 'J --)
,,-
Ii
The Agenda for the meeting is amended as follows:
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CONSENT AGENDA
20. ConAgra Foods
City Manager recommending approval of a request from ConAgra Foods to construct two
storage tanks and a building to be used for the storage and transfer of liquid fertilizer on
property leased from the City of Dubuque.
Suggested Disposition: Receive and File; Approve
This notice is given pursuant to Chapter 21, Code of Iowa, 2003, and applicable local
regulations of the City of Dubuque, Iowa and/or governmental body holding the
meeting.
Any Visual or Hearing Impaired Persons Needing Special Assistance or Persons with
Special Accessibility Needs Should Contact the City Clerk's Office at (563) 589-4120 or
TDD (563) 690-6678 at Least 48 Hours Prior to the Meeting.