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2 18 02 Skeleton Sheet~CITY COUNCIL REGULAR SESSION, FEBRUARY 18, 2002 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM · MEMBERS I~UOL, CLINE, CON~ORS, PRESENT: MAYOR DUGGAN2C~o~UNCIL ' // ' MARKHAM, MIC~/LSKI~ NICHO~SON CITY MANAGER MICHAEL VA/NMILLIGEN, CORPORATION COUNSEL BARR~INDAHL ABSENT: Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business that may properly come before the City Council. Invocation: Father Scott Bullock, Director of Seminarians, Archdiocese of Dubuque CONSENTiTEMS Ayes Nays Connors Duggan Markham Michalski Nichoison Buol Cline Minutes Submitted Airport Commission of 1/28; Civil Service Commission of 1/3; Human Rights Commission of 1/14; Mechanical Code Board of 1/31; Park and Recreation Commission of 1/8; Plumbing Board of 1/29; Zoning Advisory Commission of 2/6 Proof of publication of City Council proceedings of 1/21; proof of publication of list of claims and summa, ry of revenues for the month ending December 31, 2001 Printed Council Proceedings for December, 2001 Chamber of Commerce Convention and Visitors Bureau Quarterly Report Finance Director Ken TeKippe submitting the City of Dubuque Financial Reports for the month ending January 31, 2002 Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suits Shirley Blong in undetermined amount for property damage; Deborah S. DeVenuta in estimated amount of $393.53 for vehicle damage; Jorja's Restaurant and Lounge in estimated amount of $129.47 for property damage; L & I Building Company in estimated amount of $1,108.12 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: Shirley Blong for property damage; Fred White for property damage Suggested Disposition: Receive and File; Concur ~es Nays Connors Duggan Markham Michalski Nichoison ,/~Buol ~/Cline Mechanical Board of Examiners Building Services Manager Rich Russell advising that there is a vacancy on the Mechanical Board of Examiners due to the death of Board Member Bob Bush. Suggested Disposition: Receive and File Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Aquatics and Therapeutic Recreation Supervisor and Sanitation Driver. Suggested Disposition: Receive and File; Make a Matter of Record Hazard Mitigation Plan Communication from Darwin Polk, East Central Intergovernmental Association, requesting that the City consider a Resolution formally adopting the Dubuque Hazard Mitigation Plan, which the Council approved on February 4, 2002. RESOLUTION ~/4~./. Approving and adopting the Dubuque Hazard Mitigation Plan Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 3 am Mediacom Communications Corporation Communication from City Manager Michael C. Van Milligen to BruCe Gluckman, Vice President of Legal and Regulatory Affairs for Mediacom Communications Corporation, regarding franchise fees. Suggested Disposition: Receive and File Department of Public Defense - Emergency Management Division Communication of City Manager Michael C. Van Milligen to Ellen M. Gordon, Administrator of the Iowa Department of Public Defense Emergency Management Division regarding Dubuque County's compliance status with State of Iowa Code Section 29C.9(8). Suggested Disposition: Receive and File Legislative Correspondence Communication of City Manager Michael C. Van Milligen to area legislators advising that the City supports a bill being considered in the House to set the tax rate at the Dubuque Greyhound Park and Casino at 28 percent. Suggested Disposition: Receive and File State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Four Mounds Estate Historic District, and the Town Clock Building have been listed in the National Register of Historic Places effective January 24, 2002. Suggested Disposition: Receive and File Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 4 10. 1t. 12. Eagle Point No. 2 - Final Plat Zoning Advisory Commission recommending approval of the final plat of Eagle Point No. 2 Subdivision at the end of Rhomberg Avenue in the City of Dubuque and Dubuque County as requested by the~City of Dubuque. RESOLUTION ./~ /\ Approving the final plat of Eagle Point No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Sullivan's Addition - Final Plat Zoning Advisory Commission recommending approval of the final plat of Lots 1 through 6 of Sullivan's Addition on West 32nd Street west of Fink Street in the City of Dubuque and Dubuque County as requested by James and Anita Sullivan. RESOLUTION '~/~c~-~ Approving the final plat of Lots 1 through 6 of Sullivan's Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Weetview Shopping Center Place No. 2 - Plat of Survey Zoning Advisory Commission recommending approval of the plat of survey of Lot 1-2A and Lot 2-2A of Westview Shopping Center Place No. 2 located in the 1800 block of John F. Kennedy Road as requested by Key City Investment Company, RESOLUTION ~/~ ~--~Approving the plat of survey of Lot 1-2A and Lot 2-2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~s Nays Connors .~Duggan ~ ~'~'~..,arkham ~-"_Michalski /~Nichol~on ~Buol ~ Cline 5 13. 14. Westview Shopping Center Place No. 3 - Plat of Survey Zoning Advisory Commission recommending approval of the plat of survey of Westview Shopping Center Place No. 3 located in the 1800 block of John F. Kennedy Road as requested by Key City Investment Company. RESOLUTION ~c~L~ ~? ~-~Approving the plat of survey of Westview Shopping Center Place No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Certified Local Government Grant City Manager recommending that the contract for the design review training program for the City's historic districts be awarded to The Durrant Group. RESOLUTION .~.~?~/ Awarding a contract for design review training Suggested Disposition: Receive and File; Adopt Resolution 15. 16. Phase II Historical/Architectural Survey Grant Agreement City Manager providing a final report for Phase II of Dubuque's Architectural/Historic Survey/Evaluation. Suggested Disposition: Receive and File Woodward Museum - 2002 Renovations Project City Manager recommending that Resolution Nos. 66-02, 67-02 and 68-02 relating to the Woodward Museum - 2002 Renovations Project be rescinded, as the Museum has not received environmental concurrence from the Iowa Department of Transportation. RESOLUTION 7~-~Rescinding Resolution Numbers 66-02, 67-02, and 68-02, giving Preliminary Approval of Plans and Specifications, Fixing Date of Public Hearing on Plans and Specifications, and Ordering Bids for the Woodward Museum - 2002 Renovations Project Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 6 17. Bunker Hill Golf Course Management Agreement City Manager recommending that the City enter into a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course for the period beginning Mamh 1, 2002 and ending November 30, 2002. Suggested Disposition: Receive and File; Approve Agreement 18. Statewide Disadvantaged Business Enterprise (DBE) Certification Program City Manager recommending approval of the Statewide Unified Certification Program for Disadvantaged Business Enterprises for the City of Dubuque. RESOLUTION J~;;~ ~?o~.--/Approving Iowa Department of Transportation Unified Certification Program Agreement Suggested Disposition: Receive and File; Adopt Resolution 19. Project Concern Services Agreement City Manager recommending approval of the Project Concern Driver Services Agreement with KeyLine from January 1, 2002 to June 30, 2005. Suggested Disposition: Receive and File; Approve Agreement 20. City of East Dubuque Intergovernmental Agreement City Manager recommending approval of an Intergovemmentat Agreement with the City of East Dubuque for minibus service from Mamh 1, 2002 to June 30, 2003. Suggested Disposition: Receive and File; Approve Agreement Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 7 21. 22. 23. Historic Bluffs Neighborhood Association City Manager submitting a letter of support for the Historic Bluffs Neighborhood Association's application to the Dubuque Racing Association for streetscape improvements on Loras Boulevard. Suggested Disposition: Receive and File Access Agreement - Giese Company, LLC City Manager recommending approval of an Agreement between the City and Giese Properties, L.L.C. to permit access for site preparation related to the construction of a new manufacturing facility for Giese Manufacturing Company, Inc. in the Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve Agreement Urban Revitalization/Tax Exemption Applications City Manager recommending approval of the eligible Calendar Year 2002 Urban Revitalization Applications. RESOLUTION ~:~c~--~Approving residential property tax exemption applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor RESOLUTION 7~ ~ Approving late filed residential property tax exemption applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 8 24. 25. 26. Allan and Urbain Contract - Acceptance City Manager recommending acceptance of the contract with Allen and Urban Associates for City-owned improvements for the building at Third and Main Streets in the final contract amount of $342,428.68. RESOLUTION .~'~2~.~ Accepting improvement RESOLUTION ~ -~2'~<~/Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Northwest Arterial Communication of David W. Leifker to the Iowa Department of Transportation regarding traffic signals on the Northwest Arterial Extension. Suggested Disposition: Receive and File Business Licenses RESOLUTION ~' ~/~Granting issuance of a Class "C" Beer Permit to Econo Foods #471 RESOLUTION ~.4~ ~/~-~Granting issuance of a Class 'C' Beer/Liquor License to Cue Master Billiards, Hammerheads Bar/Billiards, ClubhouSe, Chi Chi's Mexican Restaurant, and The Busted Lift Own-day outdoor Service); and Class "B" Wine Permit to Econo Foods g471 Suggested Disposition: Adopt Resolutions Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 9 BOARDS/COMMISSIONS Appointment to the following Board: Housing Code Appeals Board (Two three year terms expidng 1/11/05 -Hannan and Sampson) Applicants: Tom Hannan, Robert L. Sampson ~es Nays Connors ~ Duggan ///)Markham ~/~!chalski //D~hcholson / ,{~/Buol Cline 10 PUBLIC HEARINGS SUSPEND THE RULES ~es Nays Connors Duggan / Markham ~Michalski /~ (~icholson ~/~ Buol ~' Cline / White Street Reconstruction Project Proofs of publication on notice of hearing and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to W. C. Stewart Construction, Inc. Communication from Richard Kieffer, et al, regarding the White Street project. Communication from Ena Rae-Lienne Porter, 2268 White Street, expressing concern regarding the cost of the improvements. Communication from Brenda Lee Thurston Burke, objecting to the public improvement assessment for reconstruction of White Street. Communication from Karen M. and Mark J. Kuhle regarding the White Street reconstruction project. Communication of Ellis Swartz, 2665 Jackson Street, objecting to the assessments for the reconstruction of White Street. RESOLUTION ~~--~ With respect to the adoption of the Resolution of Necessity proposed for the White Street Reconstruction - 21st to 32nd Street Project RESOLUTION ~::~::2,~ Awarding contract to W. C. Stewart Construction, Inc. Suggested Disposition: Receive and File; Adopt Resolutions es Connors ~ Duggan ./ Markham Michalski ~// Nichols B.ol Clin~ / 11 Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline Area Residential Care Foundation/Health Services Credit Union Proof of publication on notice of hearing to consider rezoning property located at the end of John F. Kennedy Circle from C-3 General Commercial District to R-4 Multi- Family Residentiai District at the request of Area Residential Care Foundation and Zoning Advisory Commission recommending approval. ORDINANCE ~ ~:~L~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at end of John F. Kennedy Circle from C-3 General Commercial District to R-4 Multi-Family Residential Distdct Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~ Connors l ~.~uggan ~/~//~.~larkham /L~ Michalski / ,Nicholson / )Buoi 13 m Dubuque Industrial Center West - Request to Rezone Proof of publication on notice of heating to consider rezoning property located at Chavenelle Drive, east of Seippel Road/Dubuque Industrial Center West, from AG Agricultural to PUD Planned Unit Development with a PI Planned Industrial District designation at the request of the City of Dubuque and the Zoning Advisory Commission recommending approval. ORDINANCE ~ ~ ~ c'~._.~' Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of Seippel Road and north of the County Farm from AG Agricultural 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 Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~ Connors Duggan J Markham A1 Michalski /~)Nicholson ~Buol / Cline 14 Zoning Ordinance Text Amendment Proof of publication on notice of hearing to consider amending the Zoning Ordinance to reduce lot frontage and lot area requirements in R-1 Single-Family District as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval. ORDINANCE ~'~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 3-1 .I(F) Bulk Regulations for the R-1 Single-Family Residential District to reduce lot frontage and lot area requirements for single-family residential lots Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~ Connors Duggan Markham /~Michalski ///¢~JNicholson ~'~/B.u. OI ~Chne 15 Crescent Heights - Request to Vacate Proof of publication on notice of headng and City Manager recommending approval of a request from Larry and Sharon McDermott to vacate a 20-foot wide utility easement on Crescent Heights. RESOLUTION _~~ Disposing of interest and vacate utility easement over Lots 40, 41 and 42 of Crescent Heights in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Connors (~MDuggan arkham 16 Mt. Carmel Sanitary Sewer Extension Connection Fees Proof of publication on notice of hearing and City Manager recommending adoption of the connection fees for the Mt. Carmel sanitary sewer extension project. ORDINANCE Y-'~--~ Establishing the Mt. Carmel Sanitary Sewer Extension Project and a schedule of fees for the connection of property to said sewer Suggested Disposition: Receive and File; Motion A (~Y). Connors ~ / Duggan Markham Michalski Nicholson /~Buol ~/Cline Ayes Nays Connom Duggan Markham Michalski Nicholson Buol Cline REINSTATE THE RULES Ayes Nays ~// Connom _~Duggan /~JMarkham ~.~ Michalski Nicholson Buol ~line 17 ACTION ITEMS Penalties for Tobacco Permit Holders City Manager recommending the assessment of civil penalties against nine tobacco permit holders. Suggested Disposition: Receive and File; Assess Penalties Nays Connors Duggan Markham Michalski ~icholson F p ol ~/Clme = Southern Hills Subdivision II - Final Plat City Manager recommending approval of the final plats of Lots 1 - 24 inclusive of Block 1, and Lots A - E inclusive of Southern Hills Subdivision II located northeast of the Lake Eleanor Road and Kane Road intersection. RESOLUTION ~2c~-~ Adopting the final plat of Lots I - 24, inclusive, of Block 1, and Lots A - E, inclusive, of Southern Hills Subdivision in Dubuque County Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays · ~ Connors Duggan '/ ' Markham "~ _ Michalski //~/Nicholson /~ ~ Buol /~ Cline 18 Dubuque Industrial Center West- Final Plat City Manager recommending approval of the final plat of Lot 6, Lot 7, Lot F and Lot G of Dubuque Industrial Center West to allow for the sale of Lot 6 for construction of a new industrial building. RESOLUTION ~'~ Approving the final plat of Lot 6, Lot 7, LOt F and Lot G of Dubuque Industrial Center West in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~es Nays Connors Duggan Markham /~Michalski / JNichoison ~' Buol ~_~ Cline Junk Dealers, Secondhand Dealers and Pawnbrokers Ordinance City Manager recommending an amendment to Chapter 29 of the City of Dubuque Code of Ordinances that would allow electronic record keeping and add record keeping requirements for additional items to the Junk Dealers, Secondhand Dealers and Pawnbrokers Ordinance. ORDINANCE//'~:? -' ~:~---~Amending the City of Dubuque Code of Ordinances Section 29-2 permitting electronic record keeping by pawn shops and secondhand dealers and amending Section 294 to require secondhand transactions involving collectibles, computers, software, computer accessories, CDs, DVDs tapes, videos and other mediums for transmitting images or sounds be included in the Ordinance Suggested Disposition: Receive and File; Motion B; Motion A Aye,~ Nays / Connors ~ ~/Michaisld Nichoison ~ ~_.u. ol ~/~ Chne 19 Dubuque JayceeslPeosta Channel Trail Project City Manager recommending award of the contract for the Dubuque Jaycees/Peosta Channel Project to Tschiggfrie Excavating in the amount of $330,607.10 RESOLUTION ~r'~'~--),~Awarding contract to Tschiggfrie Excavating Suggested Disposition: Receive and File; Adopt Resolution ,~yes Nays Connors // Duggan ~larkham ~r~//Michalski /~ ~" Nicholson Buol Cline COUNCIL MEMBER REPORTS 2O ITEMS TO BE SET FOR PUBLIC HEARING C.J. Bies Subdivision - Request to Vacate Utility Easement - March 4, 2002 Expansion of Giese Manufacturing, Inc. at the Dubuque Industrial Center West - March 4, 2002 Fiscal Year 2003 Budget - March 5, 2002 Napier Storm and Sanitary Sewer Reconstruction - Initiate - March 18, 2002 ~Ayes Nays Connors Duggan Markham /~Michalski /~'~licholson ~' Buol Cline C.J. Bies Subdivision - Request to Vacate Utility Easement City Manager recommending that a public hearing be set for March 4, 2002 to consider a request from Tom Oster to vacate a ten foot wide utility easement in C.J. Bies Subdivision. RESOLUTION ~~f Intent to dispose of interest and vacate utility easement over Lots 4 and 5 of C.J. Bies Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 314/02 w Expansion of Giese Manufacturing, Inc. at the Dubuque Industrial Center West City Manager recommending that a public hearing be set for March 4, 2002 to consider disposing of an interest in real property to Giese Properties, L.L.C. and the Giese Manufacturing Company, Inc., and approval of a Development Agreement RESOLUTION ~~ of Intent to dispose of an interest in real property by sale to Giese Properties, LL.C. pursuant to Development Agreement with Giese Properties, L.L.C and the Giese Manufacturing Company, Inc. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 314/02 21 Fiscal Year 2003 Budget City Manager recommending that a public headng be set for Tuesday, March 5, 2002 on the Fiscal Year 2003 Budgat. RESOLUTION ~;;~z~' ~-~ Setting the date of the public headng on the Fiscal Year 2003 Budget for the City of Dubuque RESOLUTION ~ ~_~ Setting the date of public hearing on the Five Year Capital Improvement Program Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 315102 Napier Storm and Sanitary Sewer Reconstruction - Initiate City Manager recommending initiation of the bidding process for the Napier Storm and Sanitary Sewer Reconstruction ProJect and setting a public hearing for March 18, 2002. RESOLUTION ~'~:~,~-- Preliminary approval of plans and specifications RESOLUTION ~,~ ~,::~/Fixing date of headng on plans and specifications RESOLUTION ~'~'4;2,~-.,/Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3118~02 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. Motion to adjourn at ~"~¢~'~"~ Nays Connors Duggan Markham Michalski ~Nicholson '~L~Buol Cline 22