3 7 05 Skeleton Sheet
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CITY COUNCIL REGULAR SESSION, MARCH 7, 2005
COUNCIL MET IN SPECIAL SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR DUG'~N, COUNCIL MEMBERS BUOL, CL1NE, CONNORS,
MARKH~M, MIC~,ALSKI, NIC~OLSON
CITY MANAGER V;AN MILLlGEN; CORPORATION CO,..NSEL LINDAHL
ABSENT:
INVOCATION: Reverend Richard Cams, Pastor, Grandview Heights Baptist Church
PRESENTATION: National Trust for Historic Preservation Award
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CONSENT ITEMS
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1.
Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 2/8; City Conference Board of 3/9/04,
2/12; and 217/05; City Council of 2/16,2/21,2/22,2/24 and 2/28; Historic Preservation
Commission of 2/17; Housing Commission of 2/22; Housing Commission Trust Fund of
2/14; Library Board of 12/16 and 1/27; long Range Planning Advisory Commission of
2/16;
Proof of publications of City Council Proceedings of February 7, 15, and 16,2005 and
List of Claims and Summary of Revenues for month ending January 31, 2005 (on file in
the City Clerk's Office)
Finance Director submitting the City of Dubuque Financial Reports for the month ending
February 28, 2005
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Bruce Rutz for personal injuries; Dianna Stonskas for property damage; Wells Fargo
Bank vs City of Dubuque, et al
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
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:
Dianna Stonskas for property damage
Suggested Disposition: Receive and File; Concur
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Housing Code Appeals Board
Communications from Thomas A. Hannan and Robert l. Sampson submitting their
resignations from the Housing Code Appeals Board.
Suggested Disposition: Receive and File
4. Consultant Selection for the Design of Floodwalllmprovement Projects
City Manager recommending approval of the selection of IIW Engineers and Surveyors,
P.C. to provide architectural and engineering services for improvements to the City's
floodwall pumping facilities.
Suggested Disposition: Receive and File; Approve
Iowa Clean Air Attainment Program (ICAAP) Funding
City Manager recommending approval of an application to the Iowa Department of
Transportation for Iowa Clean Air Attainment Program (ICAAP) funding for Priority 1
(US 20 - Devon Drive to Menards) of the Traffic Signal and Intelligent Transportation
System improvements.
RESOLUTION ~ S? {J :;-::- Authorizing the filing of an application with the Iowa
Department of Transportation for Iowa Clean Air Attainment Program (ICAAP) funding
of Priority 1 (US 20 - Devon Drive to Menards) of the Traffic Signal and ITS (Intelligent
Transportation System) Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution
6. legislative letters
Communication to State legislators encouraging them to vote no on HF 403 regarding
the exemption of instructional support property tax levy of a school district from being
collected as part of incremental taxes paid for an urban renewal area.
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5.
Communication to State Representative Pam Jochum encouraging a "no" vote to HSB
59 regarding a change in definition of the Open Meetings law.
Suggested Disposition: Receive and File
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
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Connors
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. 7.
Mississippi Valley Promise Board
Communication from Jane Steele, Executive Director, welcoming City Manager Michael
C. Van MiIIigen to the Mississippi Valley Promise Board.
Suggested Disposition: Receive and File
8. Washington Court Project
City Manager recommending approval of the publication of a combined notice of finding
of no significant impact on the environment and notice of intent to request release of
funds for the Washington Court Project.
RESOLUTION h;7 . /J ~ Authorizing publication of a Combined Notice of
Finding of No Significant Impact on the Environment and Notice of Intent to Request
Release of Funds for the Washington Court Project
Suggested Disposition: Receive and File; Adopt Resolution
9. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Upper Main
Street Historic District has been accepted for nomination to the National Register of
Historic Places.
. Suggested Disposition: Receive and File
10. Community Development Block Grant Fund
Communication to Senator Charles Grassley Senator Tom Harkin, and Congress Jim
Nussle requesting their support in saving the Community Development Block Grant
(CDBG) Program and restoring its funding.
Suggested Disposition: Receive and File
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
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University Avenue Reconstruction Project
City Manager recommending award of the contract for the University Avenue
Reconstruction (US 20 to University Avenue) Reinforced Concrete Box Culvert
Extension Project, which was bid by the Iowa Department of Transportation, to
Tschiggfrie Excavating Company.
RESOLUTION ~)( X
Awarding contract
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Suggested Disposition: Receive and File; Adopt Resolution
12. Star Brewery Lease Extension
City Manager recommending approval of a second amendment to the Lease Agreement
with Historical Star Redevelopment to extend the original lease for a five month period.
RESOLUTION /,0 -(/ ~ ' Authorizing the execution of a Second
Amendment to Lease Agreement with Historical Star Redevelopment L.L.C. for the Star
Brewery Building
Suggested Disposition: Receive and File; Adopt Resolution
13. Vision Iowa Grant Award Agreement Amendment
City Manager recommending approval of an Amendment to the Vision Iowa Grant
Award approving an extension of time for completion of specific projects in the Port of
Dubuque.
RESOLUTION /' /'- (~ :::- Approving an amendment to the Grant Award
Agreement among the Vision Iowa Board, the City of Dubuque, Iowa and the Dubuque
County Historical Society
Suggested Disposition:
Receive and File; Adopt Resolution I
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City Development Board
Communication from Steven R. McCann, City Development Board, to the Honorable
Chester Culver, Iowa Secretary of State, filing the documents necessary to complete
the annexation for the City of Dubuque's boundary change.
Suggested Disposition: Receive and File
15. Transient Boat Docks - Consultant Selection
City Manager recommending approval of the selection of the Abonmarche Group as the
professional consulting firm to complete a Transient Boat Docks Feasibility Study for the
Port of Dubuque.
RESOLUTION -;;;;,(} :.--: Approving the Abonmarche Group to complete a
Transient Boat Docks Feasibility Study for the Port of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
16. Dubuque Lodge No. 355
Dubuque Lodge No. 355 to permanently transfer their LA Liquor License from 1166
Main Street to 2635 Windsor Avenue.
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Suggested Disposition: Receive and File; Approve
17. Business Licenses
RESOLUTION 7:3' - (J .:- -:- Granting the issuance of a Class "C" Beer/Liquor
License to Rafters, Inc.; The Bar X; Dubuque Racing Association; and Dubuque
Fraternal Order of Eagles
Suggested Disposition: Adopt Resolutions
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Markham
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Nicholson
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ITEMS TO BE SET FOR PUBLIC HEARING
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University Avenue Reconstructin - March 21, 2005
1. 2005 Curb Ramp Installation - CDBG Project No. 1 - March 21, 2005
2. US 20 Bridge - Right-of-Way - March 21, 2005
3. Dubuque Industrial Center West Third Addition/Contract A Mass Grading Project-
April 4, 2005
University Avenue Reconstrctuion
RESOLUTION ///~/}:;: Preliminary approval of plans and specifications
RESOLUTION -7/~;--,/j~j Setting date of hearing on plans and specifications
1. 2005 Curb Ramp Installation - CDBG Project No. 1
City Manager recommending initiation of the public bidding process for the 2005 Curb
Ramp Installation - CDBG Project No. 1 and that a public hearing on the plans and
specifications be set for March 21,2005.
RESOLUTION
RESOLUTION
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Preliminary approval of plans and specifications
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Setting date of hearing on plans and specifications
RESOLUTION
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Ordering bids
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Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/21/05
2. US 20 Bridge - Right-of-Way
City Manager recommending that a public hearing be set for March 21 , 2005 to consider
approval of the Purchase Agreement and Quit Claim Deed to provide the necessary
right-of-way to the Iowa Department of Transportation for construction of a new US 20
bridge crossing the Mississippi River.
RESOLUTION ~~. '/ <':~ ~,- Of intent to dispose of City interest in a parcel of
land located in Government Lot 3 of Section 30, Township 89 North, Range 3 East of
the 5th P.M., City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/21/05
3. Dubuque Industrial Center West Third Addition/Contract A Mass Grading Project
City Manager recommending initiation of the public bidding process for the Dubuque
Industrial Center West Third Addition/Contract A Mass Grading Project and that a public
hearing on the plans and specifications be set for April 4, 2005.
RESOLUTION
RESOLUTION
specifications
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Preliminary approval of plans and specifications
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Setting date of hearing on plans and
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RESOLUTION
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Ordering bids
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Zoning Board of Adjustment (One 5-year term through 3/25/10 - Term of Ruden)
Applicant: Michael A. Ruden " "K:!l..A- ,,,,.) /,J ( ;,/
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Appointments to the following Boards/Commissions:
Community Development Advisory Commission (One At-Large 3-year term through
2/15/08 - term of Pregler)
Applicant: Janice Craddieth; R.J. Sullivan
Communication from Tara Nelson in support of the appointment of Janice Craddieth.
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Zoning Board of Adjustment (One unexpired 5-year term through 3/25/07 - term of Wm.
Felderman)
Applicant: William J. Gibbs
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PUBLIC HEARINGS
SUSPEND THE RULES
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1.
Sale of Property - 966 Liberty Street
Proof of publication on notice of hearing to consider a request from Roger and Ann
Pickel to purchase Lot 1, Clark's Sub 2 (966 Liberty Street), which is located adjacent to
their property, and City Manager recommending approval.
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RESOLUTION ,'r" -.:;' -(/...:;: Disposing of City interest in Lot 1 Clark's Sub 2
in the City of Dubuque, Iowa (966 Liberty Street)
. Suggested Disposition: Receive and File; Adopt Resolution
jyes Nays
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Dubuque Industrial Center West - General Obligation Bond Issue
Proof of publication on notice of hearing to consider the issuance of not to exceed
$7,265,000 General Obligation Bonds to support grading and infrastructure
improvements to the former Bergfeld farm property and other amenities in Bergfeld
Recreation Area in the Dubuque Industrial Center Economic Development District and
City Manager recommending approval.
RESOLUTION ,:;: ,y'/ () :5 Instituting proceedings to take additional action
for the issuance of not to exceed $7,265,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution
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Stormwater Projects - General Obligation Bond Issue {J '
Proof of publication on notice of hearing to consider the issuance of not to exceed
$1,750,000 in General Obligation Bonds to support stormwater projects included in the
adopted Fiscal Year 2005 CIP budget and City Manager recommending approval.
RESOLUTION (5(-::5--- - ('J :5 Instituting proceedings to take additional action for
the issuance of not to exceed $1,750,000 General Obligation Bonds
RESOLUTION (~?(::7 ~('/ ~~ Directing the advertisement for sale of General
Obligation Bonds, Series 2005A, Series 2005B and taxable Series 2005C, in the
aggregate principal amount of $9,105,000 and approving electronic bidding procedures
Suggested Disposition: Receive and File; Adopt Resolutions
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Dubuque Star Brewery Building - General Obligation Bond Issue 01 \
Proof of publication on notice of hearing to consider the issuance of not to exceed
$1,150,000 General Obligation Bonds to support rehabilitation and redevelopment of
the historic Dubuque Star Brewery Building and City Manager recommending approval.
RESOLUTION :~?;; /,/) ~- Instituting proceedings to take additional action
for the issuance of not to exceed $1,150,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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REINSTATE THE RULES
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ACTION ITEMS
1.
4616 Asbury Road - Request to Rezone (Tabled on February 21, 2005)
Consideration of rezoning property located at 4616 Asbury Road from AG Agricultural
District to C-3 General Commercial District as requested by Chuck Nauman/Maxine
Roussel and Zoning Advisory Commission recommending approval.
Communication from Timothy J. Quagliano clarifying his position on rezoning of land
located at 4616 Asbury Road.
Communication from Tim Quagliano regarding the proposed rezoning and access to the
parcel of property to be rezoned.
ORDINANCE /\'~~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial
District
Suggested Disposition: Remove from Table; Receive and File; Motion B; Motion
A
Ayes Nays
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City Interest in Disposition of the Federal Building/350 West 6th Street
City Manager recommending approval of correspondence with the General Services
Administration (GSA) expressing the City's interest in pursuing acquisition of the
Federal Building at 350 West Sixth Street for public purposes.
Suggested Disposition: Receive and File; Approve
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Code of Ordinances - Scheduled Fines for Speeding Violations
City Manager recommending approval of an amendment to the Code of Ordinances to
allow electronic entry of the fine, court costs and bond amounts with regard to speeding
violations.
ORDINANCE 7 ~ ('/ .:>--- Amending the City of Dubuque Code of Ordinances
by adding a new Subsection 32-231 (d) adopting the scheduled fines provided for in the
Iowa Code for speeding violations
Receive and File; Motion B; Motion A
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Historic Preservation Commission
Communication from the Historic Preservation Commission requesting that the City
Council send notification to the State Legislators in support of any funding for historic
preservation.
Suggested Disposition: Receive and File; Council
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5.
Historic District Public Improvement Program
Historic Preservation Commission submitting the 2005 Historic District Public
Improvement Program applications and recommendations/summary on each.
Suggested Disposition: Receive and File
Ayes Nays
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A. Four Mounds Foundation
Historic Preservation Commission recommending that the City Council approve $6,000
from the Historic District Public Improvement Program to fund the request from the Four
Mounds Foundation to install directional signage and a kiosk at Four Mounds Estates
Historic District.
B. Historic Bluffs Neighborhood Association/Andrew Brachman
Historic Preservation Commission recommending City Council approve $3,000 from the
Historic District Public Improvement Program to fund the request of the Historic Bluffs
Neighborhood Association/Andrew Brachman to install landscaping, benches, fencing,
pavers and a historical plaque at the fonner West 11th Street elevator.. J. /)J/
Suggested Disposition: Receive and File; Approve Funding .' (ilO
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Suggested Disposition: Receive and File; Approve Funding
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C. Historic Bluffs Neighborhood Association/Chris Olson
Historic Preservation Commission recommending City Council approve $90,000 from
the Historic District Public Improvement Program to fund the request of the Historic
Bluffs Neighborhood Association/Chris Olson to install historic street lights and bury
utility lines along Grove Terrace and Lower Grove Terrace.
Suggested Disposition: Receive and File; Approve Funding
Ayes
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D. Dubuque Main Street, Ltd
Historic Preservation Commission recommending City Council approve $100,000 from
the Historic District Public Improvement Program to fund the request of Dubuque Main
Street, Ltd., to offset property owners' sidewalk assessments in the Old Main Historic
District.
Suggested Disposition: Receive and File; Approve Funding
Ayes Nays
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E. Downtown Neighborhood Council
Historic Preservation Commission recommending City Council approve $24,346.95 from
the Historic District Public Improvement Program to fund the request of the Downtown
Neighborhood Council/Dave Stuart for the installation of brick sidewalks at 1105, 1145,
and 1389 Locust Street, and 1323 - 1325 Bluff Street.
Suggested Disposition: Receive and File; Approve Funding
Ayes Nays
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Historic District Public Improvement Program - Downtown Neighborhood
Council/Dave Stuart Application
Historic Preservation Commission recommending that the City Council approve the
historic replica traffic lights as submitted by the Downtown Neighborhood Council/Dave
Stuart and to direct the Engineering Department to use an existing CIP budget to
update the three most critical intersections.
City Manager recommending denial of the request of the Historic Preservation
Commission that the project budget for the replacement of four traffic signals on Loras
Boulevard be increased from $180,000 to $260,000 to have the new traffic lights on
Loras Boulevard be historic replicas.
Suggested Disposition: Receive and File; Council
Ayes Nays
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7.
Port of Dubuque
City Manager recommending approval of ordinance changes to stop signs, parking
restrictions and motor truck routes in the Port of Dubuque.
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ORDINANCE ,7 - c ..:;' Amending the Code of Ordinances of the City of
Dubuque, Iowa by modifying Subsection (b) of Section 32-314 thereof to acknowledge
the change in street name designations for stop signs at Fourth Street (now Ice Harbor
Drive) and Sixth Street (now Fifth Street) and Adams Street and Fourth Street (now Ice
Harbor Drive)
ORDINANCE (/ - {,/ ~ Amending Section 32-163.1 prohibiting motor truck's
registered for a gross weight limit exceeding ten thousand (10,000) pounds from
traveling on designated streets to acknowledge the change in street name designation
from Ice Harbor Road to Ice Harbor Drive
ORDINANCE / V ~ (/ ::5 Amending Section 32-262(d) of the Code of
Ordinances of the City of Dubuque, Iowa, providing for parking by deleting certain
portions of Bell Street and Fifth Street
ORDINANCE 1/ ~ 1:1 :/:- Amending Section 32-262(d) of the Code of
Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets or
portions thereof to acknowledge the change in street name designation from Fourth
Street to Ice Harbor Drive
Suggested Disposition: Receive and File; Motion B; Motion A
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~OUNCll MEMBER REPORTS
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PUBLIC INPUT
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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
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Pending Litigation and Property Acquisition - Chapter 21.5(1 ) (c) 0) 2003 Code of Iowa
Motion to go into closed session at
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Motion to adjourn at
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