12 20 04 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, DECEMBER 20, 2004
INVOCATION
Reverend Mark Ressler, Pastor - St. Joseph the Worker Church
PROCLAMATIONS
Bill Baum Appreciation
Jim Waller Appreciation
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
Cable TV Regulatory Commission of 12/8; City Council of 12/6 and 12/13; Civil Service
of 10/13; Environmental Stewardship Advisory Commission of 11/2 and 12/8; Human
Rights Commission of 11/8; Park and Recreation Commission of 12/7; Zoning Advisory
Commission of 12/1
City of Dubuque Financial Reports for the month ending November 30, 2004 (On file in
the City Clerk's Office)
Proof of publication of City Council Proceedings of November 15, 2004 (On file in the
City Clerk's Office)
Library Board of Trustees Update from Meeting of November 18, 2004
Suggested Disposition: Receive and File
5.
6.
2.
Notice of Claims/Suits
Paula Ann Kaufmann for personal injury; Karen S. Powers for personal injury; Randel J.
Roy for vehicle damage
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:
Paula Ann Kaufmann for personal injury; Karen S. Powers for personal injury
Corporation Counsel recommending approval of the claim of Randel J. Roy for vehicle
damage and directing the Finance Department to issue payment
Suggested Disposition: Receive and File; Concur
3.
Arts Funding
Communication from Melissa A. Hancock urging the City Council to approve $250,000
of general operating funds for Dubuque arts organizations.
Suggested Disposition: Receive and File
4.
Administrative Services Agreement with Express Scripts, Inc.
City Manager recommending approval of an Administrative Services Agreement
between the City of Dubuque and Express Scripts, Inc. to provide management of the
City's pharmacy benefits.
Suggested Disposition: Receive and File; Approve
Purchase of Property - 695 West 32nd Street
City Manager recommending approval of the purchase of a residential dwelling located
at 695 West 32nd Street as part of the acquisition program associated with expansion of
the West 32od Street detention basin.
RESOLUTION Approving the acquisition of real estate located at 695 West 32od Street
in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Federal Legislative Priorities
City Manager recommending approval of the "City of Dubuque Federal Legislative
Priorities."
Suggested Disposition: Receive and File; Approve
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7.
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10.
11.
12.
Flynn Addition - Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1
and 2 of Flynn Addition located east of Schloth Road in Dubuque County.
RESOLUTION Approving the Plat of Survey of Lots 1 and 2 of Flynn Addition in
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Shot Tower - Save Our History Grant
City Manager recommending approval of a $10,000 Save Our History grant application
for the Dubuque Shot Tower History Project, which is a collaborative historical research
project of the Historic Preservation Commission and Central Alternative High School.
RESOLUTION Authorizing submittal of a Save Our History grant application for the
Dubuque Shot Tower History Project
Suggested Disposition: Receive and File; Adopt Resolution
Mercy Medical Center - Replacement Banners
City Manager recommending approval of a request from Mercy Medical Center to install
58 light pole banners using existing banner brackets previously approved by Council to
recognize the nursing services credentials recently received.
Suggested Disposition: Receive and File; Approve
Declaration of Restrictive Covenants
City Manager recommending approval of a Declaration of Restrictive Covenants for the
Iowa Department of Natural Resources regarding lead contamination at the site of the
new Municipal Services Center.
Suggested Disposition: Receive and File; Approve
Request for Proposals - Interrelated Floodwall Pumping Station Improvements
City Manager recommending approval of the issuance of a Request for Proposals for
architectural and engineering services for five interrelated floodwall pumping station
improvement projects.
Suggested Disposition: Receive and File; Approve
E-Community Program
Communication from the Environmental Stewardship Advisory Commission
recommending City Council endorsement of the E-Community Program on behalf of the
City of Dubuque and an overview of the program submitted by Mark Henning, E-
Community Dubuque Coordinator.
Suggested Disposition: Receive and File; Approve Endorsement
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13.
14.
15.
16.
17.
Housing Trust Fund Award
Communication from David Harris, Housing and Community Development Director, to
Linda Wilson, Project Manager for Housing and Community Development, in
appreciation of the $4,000 Fannie Mae contribution toward the operation of the City's
Housing Trust Fund.
Suggested Disposition: Receive and File
Tax Increment Financing Report
City Manager transmitting the 2004 summary report on the City's use of Tax Increment
Financing to support economic development projects.
Suggested Disposition: Receive and File
Delinquent Sewer Charges
City Manager recommending approval of the submission of delinquent sewer accounts
to the Dubuque County Treasurer in order to establish real property liens for collection
of such past due accounts.
RESOLUTION Authorizing collection of delinquent sewer accounts in accordance with
Section 44-83 and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Delinquent Garbage and Refuse Collection Accounts
City Manager recommending approval of the submission of delinquent garbage and
refuse accounts to the Dubuque County Treasurer in order to establish real property
liens for collection of such past due accounts.
RESOLUTION Authorizing collection of delinquent garbage and refuse collection
accounts in accordance with Section 40-37 and 40-39(d) of the Code of Ordinances of
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Delinquent Storm Water Management Accounts
City Manager recommending approval of the submission of delinquent storm water
management accounts to the Dubuque County Treasurer in order to establish real
property liens for collection of such past due accounts.
RESOLUTION Authorizing collection of delinquent storm water management accounts
in accordance with Section 44-282 and 44-86 of the Code of Ordinances of the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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18.
19.
20.
21.
1.
ECIA Annual Report
East Center Intergovernmental Agency submitting the 2004 Annual Report.
Suggested Disposition: Receive and File
Eagle Valley Subdivision
City Manager recommending approval of the rescinding of Resolution No. 386-04 due to
a typographical error and re-approving the final plat of Lots 1-4 and Lots A-B of Block 5
of Eagle Valley Subdivision.
RESOLUTION Rescinding Resolution No. 386-04 and approving the final plat of Lots 1-
4 and Lot A-B of Block 5 of Eagle Valley Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Sanitation Driver.
Suggested Disposition: Receive and File; Make a Matter of Record
Business Licenses
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Hy-Vee #2 and Oky
Doky (Kerper Blvd)
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Michael's
Bar X, Ten Pin Tap, Bowling and Beyond, and The Ave New
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
Indian Room Rest Room Renovation Project
City Manager recommending initiation of the public bidding process for the Indian Room
Rest Room Renovation Project and that a public hearing on the plans and specifications
be set for February 7,2005.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/5/04
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BOARDS/COMMISSIONS
Appointments to the following Commissions:
Human Rights Commission (One Unexpired 3-Year Term through 1/1/07; Three 3-Year
Terms through 1/1/07 - Terms of Murray, Oswald and Ross)
Applicants: James Jarrard, Gary McAlpin, Lou Oswald, Bill Ross
Arts and Cultural Affairs Commission:
(1) Four Three-Year Terms through 6/30/07 - Arts Knowledgellnterest
(2) Two Two-Year Terms through 6/30/06 - Business/Professional (One Applicant Must
LivelWork Within District)
(3) One Two-Year Term through 6/30/06 - At Large
Applicants - Arts Knowledgellnterest:
Ken Bichell, Catherine Goodman, Richard Hall, Ellen Henkels, Louise Kames, Jane
Kenworthy, Paul Kohl, loana Mamali, Michele McKinlay, Gene Perry, Susan Riedel, John
Tilton, Mark Wahlert, Vincent Williams, John Woodin
Applicants - Business/Professional (One Applicant Must LivelWork Inside District):
Inside District: Mirdza Berzins, William Intriligator, Louise Kames, Amy Link, John Tilton
Outside District: Catherine Goodman, Jim Grady, Ellen Henkels, Cheryl Jacobsen, David
Kessler, Karen Ridings
Applicants - At Large:
Rebecca Fabricius, Catherine Goodman, Jim Grady, Ellen Henkels, Louise Kames, David
Kessler, Susan Riedel, John Tilton
PUBLIC HEARINGS
SUSPEND THE RULES
1.
Radford Road and Radford Court - PUD Amendment
Proof of publication on notice of hearing to consider amending the PC Planned
Commercial District on the northeast corner of Radford Road and Radford Court, to
include indoor restaurants and drive-in/carry-out restaurants at the request of Wayne
Briggs/Radford Road Real Estate LLC, and Zoning Advisory Commission
recommending approval.
Communication from Brian J. Kane, representing Radford Road Real Estate, LLC, in
support of the rezoning request and responding to concerns expressed in the
communication from Dale Lass.
Communication from Dale Lass, 2945 Kristen Court and appointed principal of the new
west end middle school, in opposition to the proposed PC Planned Commercial District
amendment.
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ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances for hereinafter described property located at the northeast corner of
Radford Road and Radford Court to amend Ordinance #86-02 that established a PUD
Planned Unit Development District with a PC Planned Commercial District designation
Suggested Disposition: Receive and File; Motion B; Motion A
2.
Dubuque Industrial Center West - PUD Amendment
Proof of publication on notice of hearing to consider amending the PUD Planned Unit
Development District to provide for expansion of the Dubuque Indusial Center West as
requested by the City of Dubuque and the Zoning Advisory Commission recommending
denial.
City Manager advising that the City has been awarded $1.26 million by the Iowa
Department of Transportation Commission from their Revitalize Iowa's Sound Economy
(RISE) program to assist with the extension of Chavenelle Road.
Communication from Dianne and Douglas Fritsch, 14238 Middle Road, in opposition to
the proposed expansion of the Dubuque Industrial Center West.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances amending Ordinances No. #14-98 and No. #07-01 by reclassifying
hereinafter described property located east of Seippel Road and south of Middle Road
from AG Agricultural District to PUD Planned Unit Development District with a PI
Planned Industrial District designation and adopting an amended Conceptual
Development Plan, with conditions, for the Dubuque Industrial Center West
3.
Suggested Disposition: Receive and File; Concur with Denial; or Motion B;
Motion A (Super Majority Vote Necessary)
Historic Preservation Revolving Loan Fund - $200,000 General Obligation Capital
Loan Note
Proof of publication on notice of hearing to consider approval of an offer by Premier
Bank to provide $200,000 to the City for ten years, interest free, for the Historic
Preservation Revolving Loan Fund, financed with a $200,000 General Obligation
Capital Loan Note and City Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action
RESOLUTION Approving and authorizing a form of Loan Agreement and authorizing
and providing for the issuance of a Capital Loan Note and levying a tax to pay the Note
Suggested Disposition: Receive and File; Adopt Resolutions
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4.
Park Maintenance Headquarters Roofing Project
Proofs of publication on notice of hearing on plans and specifications for the Park
Maintenance Headquarters Roofing Project and City Manager recommending award of
the contract to Stumpf Construction in the amount of $44,510.
RESOLUTION Approving plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1.
Petition for Public Skating Sessions
Loras Kluesner to present a petition to City Council requesting that public ice skating at
the Five Flags Civic Center be provided on Saturday and Sunday afternoons for the
remainder of the season.
2.
Suggested Disposition: Receive and File; Council
Eagle Point Bluff Stabilization - Request for Proposals
City Manager recommending approval to release a Request for Proposal for qualified
consulting/engineering firms for the Eagle Point Bluff Study.
Suggested Disposition: Receive and File; Approve
3.
Cedar Ridge Farm Place No.7 - Final Plat
City Manager recommending approval of the final plat of Cedar Ridge Farm Place No.7
being developed by Nemmers Cedar Ridge Farm, LLC.
RESOLUTION Approving the final plat of Cedar Ridge Farm Place No.7 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
4.
Community Economic Betterment Account (CEBA) Application
City Manager recommending approval of an application for Community Economic Better
Account (CEBA) funds to assist Prudential in an expansion project to add sixty-nine new
full-time positions within the next three years.
RESOLUTION Authorizing the filing of a Community Economic Betterment
Account (CEBA) Application on behalf of Prudential Retirement Insurance and
Annuity Company
Suggested Disposition: Receive and File; Adopt Resolution
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5.
6.
Outdoor Storage Regulations
City Manager recommending approval of the prohibition of exterior commercial storage
containers effective July 1, 2005.
ORDINANCE Amending Chapter 11 Building and Building Regulations of the city of
Dubuque Code of Ordinances by adopting a new Article VII. Exterior Storage
Containers prohibiting the use of exterior storage containers
Suggested Disposition: Receive and File; Motion B; Motion A
Bee Branch Creek Restoration Design Standards
City Manager recommending approval of the proposed Bee Branch Creek Restoration
Design Standards.
RESOLUTION Approving the entire alignment of the Bee Branch Creek Restoration
Project
RESOLUTION Approving the design elements and concepts as outlined by the
preliminary design for the Bee Branch Creek Restoration Project
ORDINANCE Repealing Ordinance No. 50-04 and 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; Adopt Resolutions; Motion B; Motion A
7.
Sidewalk Installation Ordinance
City Manager recommending approval of establishment of a requirement to install
sidewalks on all lots on a public street for which a building permit or site plan approval is
sought in order to provide an adequate safe area for pedestrian traffic and that
exceptions be granted only by action of the City Council.
ORDINANCE Amending Chapter 41, Streets, Sidewalks and Public Places, of the City
of Dubuque Code of Ordinances by adding a new Section 41-100 requiring sidewalk
installation and by retitling Article V as Sidewalk Installation and Repair
Suggested Disposition: Receive and File; Motion B; Motion A
8.
Sidewalk Inspection and Abatement Policy
City Manager recommending approval of a revised Sidewalk Inspection and Abatement
Policy that will better reflect the definition of "sidewalk," "sidewalk defects," extension
criteria, and an added appeal section.
RESOLUTION Approving revisions to the City of Dubuque Sidewalk Inspection Policy
Suggested Disposition: Receive and File; Adopt Resolution
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12.
Asbury Road Sidewalk
City Manager recommending approval of the installation of sidewalks along the north
side of Asbury Road from John F. Kennedy Road to the Northwest Arterial in response
to several requests from citizens.
Suggested Disposition: Receive and File; Approve
Eagle Valley Subdivision - Parking Restrictions
City Manager recommending approval of no parking zones for five streets in Eagle
Valley Subdivision pursuant to an agreement between the City and Fondell Excavating,
Inc., which was approved on December 2,2003 for the Eagle Valley Subdivision.
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
portions of Bald Eagle Court, Harpy Eagle Court, Stellar Eagle Drive, Golden Eagle
Drive and Eagle Valley Drive
Suggested Disposition: Receive and File; Motion B; Motion A
Prairie and Walnut Streets - Through Streets
City Manager recommending that Prairie Street and Walnut Street be designated as
"through streets" to provide authority for the installation of stop signs on all the side
streets without the necessity of individual stop sign ordinances for each intersection.
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
adding Prairie Street and Walnut Street to Subsection (b) of Section 32-213 thereof
providing for the designation of through streets
Suggested Disposition: Receive and File; Motion B; Motion A
Holliday Drive - Through Street
City Manager recommending that Holliday Drive be designated as a "through street" to
provide authority for the installation of stop signs on all the side streets and to give
priority to traffic along Holliday Drive.
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
adding Holliday Drive to Subsection (b) of Section 32-213 thereof providing for the
designation of through streets
Suggested Disposition: Receive and File; Motion B; Motion A
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13.
Economic Development Revolving Loan Fund (RLF) Programs
City Manager recommending approval of the establishment of two Revolving Loan Fund
(RLF) Programs for the Economic Development Department from the Community
Development Block Grant Program.
RESOLUTION Approving a Revolving Loan Fund Plan for Commercial/lndustrial
Building Rehabilitation Loan Program
RESOLUTION Approving a Revolving Loan Fund Plan for Economic Development Loan
Program
Suggested Disposition: Receive and File; Adopt Resolutions
14.
Water Works Park Update
City Manager submitting an updated plan for Water Works Park and recommending
approval of the conceptual design.
Suggested Disposition: Receive and File; Approve
15.
Carnegie Stout Public Library Community Survey
Request of Library Director Susan Henricks to address the City Council to provide an
overview of the Library's community survey.
Suggested Disposition: Receive and File
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
Property Acquisition - Chapter 21.5(1)OJ 2003 Code of Iowa
Jeanne F. Schneider
December 16, 2004
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