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~
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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