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3 18 02 Skeleton SheetCITY COUNCIL REGULAR SESSION, MARCH 18, 2002 c,. ~..,~~..,~.~.. ~o~o~.o. ~o..s~ ~. ~,.~ 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 which may property come before the City Council. INVOCATION: Dr. Alan Crandall, Campus Chaplain, University of Dubuque CONSENT~/A/y~sITEMSDugganNays .//~~~' /~hMichalski /~/g~ / ~licholson  ~ Buol ~/ Cline / Connors CONSENT ITEMS Minutes Submitted Airport Commission of 2~25; Building Code Board of Appeal of 2/28; Citizens with Disabilities Parking Review Committee of 1/22; City Conference Board of 2/11 and 3/4; City Council of 2/27 and 3~4; Civil Service of 2/8; Electrical Code Board of 2/27; Environmental Stewardship Advisory Commission of 3~5; Five Flags Commission of 1/14; Governing Board of the Municipal Housing Agency of 3~5; Historic Preservation Commission of 2/11 and 2/21; Housing Commission of 2/28; Housing Commission Trust Fund Committee of 2/22; Human Rights Commission of 2/11 and 2/21; Long Range Planning Advisory Commission of 2/20; Mechanical Board of 3/5; Zoning Advisory Commission of 3/6; Zoning Board of Adjustment of 2/28 Proof~ of publication of City Council Proceedings for 2/20, 2/21, 2/25 and 2/27; and List of Claims and Summary of Revenues for Month Ending January 31, 2002 Finance Director submitting the Financial Reports for the month ending February 28, 2002 Suggested Disposition: Receive and File Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 2 = Notice of Claims/Suits Cindy Frommelt in estimated amount of $241.72 for vehicle damage; Fannie Stout House in estimated amount of $350 for property damage; Lynn E. Lampe in estimated amount of $862.89 for vehicle damage; Marty and Linda Maas in estimated amount of $3,243.50 for vehicle damage; Kenneth and Maria Meyer in estimated amount of $2,460.20 for prope[ty damage; Gus Psihoyos in estimated amount of $597.68 for vehicle damage; Joan Reinholt in undetermined amount for personal injury; Jeanne Schneider in estimated amount of $1,363.82 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: Allied Insurance (for Marry Maas) for vehicle damage; Lynn E. Lampe for vehicle damage; Maria and Kenneth Meyer for property damage; Gus Psihoyos for vehicle damage; Joan Reinholt for personal injury; Jeanne Schneider for vehicle damage; James VanVors for personal injury; and Jennifer Ziegler for personal injury. Corporation Counsel recommending denial of the claims of Deborah S. DeVenuta for vehicle damage, Jorja's Restaurant for property damage, and Christine Kuhle for vehicle damage. Corporation Counsel recommending settlement of the claim of Lois Wubben in the amount of $88.38 for vehicle damage and directing the Finance Director to issue the appropriate payment. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 3 m Iowa Department of Transportation Communication from Mark F. Wandro, Director of the Iowa Department of Transportation, acknowledging receipt of Mayor Duggan's letter regarding Iowa 32. Communication from Donna Smith, Chair of the Dubuque County Board of Supervisors, to Mark Wandro, Iowa Department of Transportation regarding the future of IA32 (Southwest Arterial). Suggested Disposition: Receive and File Legislative Correspondence Communication of City Manager Michael C. Van Milligen to area legislators regarding the recent State budget proposal which eliminates funding for aviation and the programs that have been administered by the Iowa DOT Office of Aviation and the negative impact it would have on the City of Dubuque. Communication of City Manager Michael C. Van Milligen to area legislators urging them to resist any efforts to further erode the use of Tax Increment Financing in the State of Iowa (Senate File 2284). Communication of City Manager Michael C. Van Milligen to area legislators urging them to support a comprehensive property tax study bill (Senate File 2284). Communication of City Manager Michael C. Van Milligen to area legislators requesting their support of an appropriation for the Brownfield Redevelopment Fund. Communication of City Manager Michael C. Van Milligen to area legislators requesting that they not support the Construction Management Bill (Senate File 2292) as it will severely hinder cities undertaking public improvements. Communication of City Manager Michael C. Van Milligen to area legislators regarding Chapter 411 of the Municipal Fire and Police Retirement System to Iowa. Suggested Disposition: Receive and File Ayes Nays Duggan Markham Michaiski Nichoison Buol Cline Connors 4 Hillcrest Family Services Continuum of care Project - Notice of No Significant Impact City Manager recommending approval of a combined notice of no significant impact on the environment and notice of intent to request release of funds for the Hillcrest Family Services Continuum of Care Project. RESOLUTION/z//~''~ ~- 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 Hillcrest Family Services Continuum of Care Project Suggested Disposition: Receive and File; Adopt Resolution A.H. Oeth Subdivision No. 5 - Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1, 2 and 3 of A.H. Oeth Subdivision No. 5. RESOLUTION x/~/~ ~-'~ Approving the Plat of Survey of Lots 1, 2 and 3 of A.H. Oeth Subdivision No. 5 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Final Plat for Davis Place II Zoning Advisory Commission recommending approval of the minor final plat for Davis Place II to facilitate construction of a 19-unit rooming and boarding house on Lot 2 (511 - 515 Garfield Avenue). RESOLUTION J~//'~ Approving the Final Plat of Davis Place II in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Nays Duggan Markham Michalski Nicholson Buol Cline Connore 5 10. Land and Water Conservation Fund Grant Application for Harvest View Estates Park City Manager recommending approval of the submission of a Land and Water Conservation Fund Grant Application for Harvest View Estates Park. RESOLUTION /z/~ ~ on Acquisition or development for outdoor recreation Suggested Disposition: Receive and File; Adopt Resolution Collective Bargaining Agreement with the Amalgamated Transit Union City Manager recommending approval of a one year agreement between the City of Dubuque and the Amalgamated Transit Union, Local #329. RESOLUTION /'~-/'~'-~'~ . Approving the agreement between the City of Dubuque, Iowa, and the Amalgamated Transit Union, Local #329 and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution Corps of Engineers Construction Permit City Manager recommending approval to execute a Corps of Engineers construction permit to allow the Peavey Company to construct a river terminal dock facility in the Peosta Channel. RESOLUTION/~~--~Authorizing execution of the Corps of Engineers permit for construction of a river terminal dock facility in the Peosta Channel Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Duggan Markham Michaisld Nicholson Buol Cline Connors 6 12. 13. Center Grove Storm Sewer Reconstruction Project- Acceptance City Manager recommending acceptance of the Center Grove Storm Sewer Reconstruction Project as completed by Horsfield Construction in the final contract amount of $88,664.25. RESOLUTION/~/'~c~-~Accepting improvement RESOLUTION /~-~-O~Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Jackson Street Relief Storm Sewer Construction Project- Acceptance C~'y Manager recommending acceptance of the Jackson Street Relief Storm Sewer Construction Project as completed by Portzen Construction in the final contract amount of $288,472.48. RESOLUTIONJ~'~5~ Accepting improvement RESOLUTION/~--~ Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Northwest Arterial Basin Modifications Project (Phase I) - Acceptance City Manager recommending acceptance of the Northwest Arterial Basin Modification Project (Phase I), as completed by Horsfield Construction in the final contract amount of $175,573.79. RESOLUTION//~~ Accepting improvement RESOLUTION/~_~'~'-~'- ~-~;~-~ Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Duggan Markham Michaiski Nichoison Buol Cline Connors 7 14. 15. Economic Development Administration Grant Application City Manager recommending approval of a pre-application to the Economic Development Administration for a $2 million grant for acquisition of the Adams Company property. RESOLUTION -/~-~--/Authorizing the filing of a pre-application to the Economic Development Administration Suggested Disposition: Receive and Fils; Adopt Resolution Cottingham and Butler Insurance Services, Inc. - Enterprise Zone Agreement City Manager recommending approval of an Enterprise Zone Agreement between the iowa Department of Economic Development, City of Dubuque, and Cottingham and Butler insurance Services, Inc., related to the rehabilitation of the Town Ciock Buildincj at 835 Main Street. RESOLUTION J~'~-~Approving an Enterprise Zone Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Cottingham and Butler insurance Service, Inc. Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Duggan Markham Michalski Nichoison Buol Cline Connors 16. 18. 19. Civil Service Commission Civil Service Commission submitting the certified list for the position of Engineering Assistant I. Suggested Disposition: Receive and File; Make a Matter of Record Urban Deer Management Program Copy of a media release providing a report on the 2001 - 2002 Urban Deer Management Program. Suggested Disposition: Receive and File General Obligation Bonds to Support Main Street Project City Manager recommending the issuance of $1,000,000 General Obligation Bonds, Series 2002B in support of the Main Street construction project. RESOLUTION/~~ Appointing Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement RESOLUTIONf~ ~',~ Authorizing and providing for the issuance of $1,000,000 General Obligation Bonds, Series 2002B, and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolutions Business Licenses RESOLUTION/~'/~L/-~Grantlng issuance of a Class 'C" Beer Permit to Arby's Q Mart RESOLUTION//~',~,~,, Granting issuance of a Class 'C' Beer/Liquor License to Windmills, Neighbor's Tap, Bunker Hill Golf Course, Eagles Club #568, and Dubuque Greyhound Park Suggested Disposition: Adopt Resolutions Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 9 BOARDS/COMMISSIONS Appointments to the following Commission: Community Development Advisory Commission: Three vacancies - Census Tract 2; Census Tract 5 (term of Dan Shireman); At-Large (term of Walter Pregler) Applicants: Census Tract 5 - Dan Shireman; At-Large - Walter Pregler Nays Duggan //~./Buol ; Cline Connom 10 PUBLIC HEARINGS SUSPEND THE RULES ~ves Nays // ~/"~ichalski ~'.)Nichoison Buol Cline Connom Rezoning Request of Dennis and Lori Ansel (Tabled on 214/02) Proof of publication on notice of hearing to consider rezoning property located at 2001 Rockdale Road from R-1 Single Family residential District and C~2 Neighborhood Commercial District to CS Commercial Service and Wholesale District and Zoning Advisory Commission~ re/commending denial of the rezoning. ORDINANCE X //v~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Co~e (~f Ordinances by reclassifying hereinafter described properb/located at 2001 Rockdale Road from R-1 Single Family District and C-1 Neighborhood Commercial District to CS Commercial Service and Wholesale District Suggested Disposition: Remove from Table; Receive and File; Concur with Denial; or Motion B; Motion A A/yes Nays ~ Duggan ~' Cline Connors Rezoning Request of Greater Dubuque Development CorporafionlKirchoff Realty Proof of publication on notice of hearing to consider amending the PUD Planned Unit Development with a PI Planned Industrial designation to allow primary signs to identify products or services, and to permit a maximum of five primary signs per lot or premises in the Dubuque Industrial Center as requested by the Greater Dubuque Development Corporation/Kirchoff Family Realty and Zoning Advisory Commission recommending approval. ORDINANCE /~- Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Sections E(4)(C)(1) and E(4)(C)(2) of Ordinance 69-98 and enacting new Sections E(4)(C)(1) and E(4)(C)(2) in lieu thereof pertaining to on-premise primary signnge of the PI Planned Industrial District for Dubuque Industrial Center Suggested Disposition: Receive and File; Motion B; Motion A Nays Duggan .,~Michalski //~ Nicholson / ! Buol ~- ~/)Cline Connors Text Amendment- City of Dubuque Proof of publication on notice of hearing to consider amending the Zoning Ordinance to allow off-street parking lots for churches and schools as a conditional use as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval. ORDINANCE J,~-~-~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 3-1.1(D)(3), 3-1.2(D)(4) and 3- 1.3(D)(5) Conditional Uses for the R-1 Single-Family Residential District, R-2 Two- Family Residential District and the R-2A Alternate Two-Family Residential District to allow off-street parking lots for adjacent schools and churches as a conditional use Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~i- Duggan 13 Napier Street Storm and Sanitary Sewer Reconstruction Project Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the Napier Street Storm and Sanitary Sewer Reconstruction Project to Fondell Excavating in the amount of $g7,862.80. RESOLUTION ./J~ ~Adopting plans and specifications for the project RESOLUTION./~-~'~ Awarding contract to Fondell Excavating Suggested Disposition: Receive and File; Adopt Resolutions _ Michalski /~/Nicholson ~' Buol /~ ~ Cline Connors Burlington Northern Depot Restoration Project Proofs of publication on notice of headng on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of selected construction contracts and the rejection of others for the Burlington Northern Depot Restoration Project. RESOLUTION ~/~'~ Adopting plans and specifications for the project RESOLUTION./'~~, Awarding contracts RESOLUTION./~'~'~~- Rejecting bids Suggested Disposition: Receive and File; Adopt Resolutions Duggan Michalski / //~,Nicholson /× ~" Buol 14 REINSTATE THE RULES /~yes Nays Duggan Michalski Nicholson ///~Cline / ~' Connors 15 ACTION ITEMS Eagle Point No. 2 - Final Plat (Tabled at 2/18/02 Meeting) Communication from the City Manager requesting that this item be tabled to the Apdi 1, 2002 City Council meeting. 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. Communication from Bdan J. Kane, representing Clint V. Johnson, requesting the City Council approve Mr. Johnson's purchase of real estate owned by the City of Dubuque that is adjacent to his property. RESOLUTION Approving the final plat of Eagle Point No. 2 in the City of Dubuque, Iowa Suggested Disposition: Table to 4/1/02 Ayes Nays / Duggan . // Michalski / 16 m Arbor Estates - Final Plat City Manager recommending approval of the final plat for the first phase of Arbor Estates in the City of Dubuque, Iowa as submitted by Kivlahan Farms, L.C. RESOLUTION J~'~- Approving the final plat of Lots 1 thru 8, inclusive, and Lot A of Block 1, Block 2, Block 3, Lots 1 thru 13, inclusive, of Block 4, Lots 1 thru 11, inclusive, of Block 5, Lots 11 and 12 of Block 6, Lots I and 2 of Block 7, and Lots A thru G, inclusive, all of Arbor Estates, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~yes Nays Duggan MazEbam / /~Michalski ~/ Nicholson /Buol /~)Cline // L./Connom Harvest Business Center - Final Plat City Manager recommending approval of the final plat of Harvest Business Center located immediately east of Resurrection Church and which is the commercial portion of the Harvest View Estates Subdivision. RESOLUTION./~ ~'~- Approving the final plat of Harvest Business Center in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~es Nays Duggan CM!chaiski 17 Streetscape and Landscape Design Guidelines Historic Preservation Commission recommending approval of the Streetscape and Landscape Design Guidelines for the City's histodc districts. Suggested Disposition: Receive and File; Approve (~ A~,~ Nays Duggan /~/ Michalski / Nicholson / ~Cline / j /~Connors ! 18 Update of Heritage Trail Extension Project City Manager recommending approval of the plans for the Heritage Trail Extension Project and bidding of the project by the Iowa Department of Transportation. Suggested Disposition: Receive and File; Approve Nays ~h~Michalski / ~,'~icholson ,/ v Buol J / Cline Connors 19 Sm Southwest Arterial Building Permit Moratorium City Manager recommending extension of the Building Permit Moratorium, which expired on February 19, 2002, for the IA32-Southwest Arterial Corridor at the U.S. 20/Seippel Road interchange until April 1, 2003 to allow continued work on the Environment. st Assessment Study. ORDINANCE ~ ~>~-.~ Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.3 of the City of Dubuque Code of Ordinances by establishing a twelve month moratorium on the issuance of permits for work in the Southwest Arterial Corridor. Suggested Disposition: Receive and File; Motion B; Motion A Nays Michalski Nicholson Buol cii.e Connors 2O Extension of Highway 20 Building Permit Moratorium City Manager recommending approval of an Iowa Department of Transportation request to extend the building permit moratorium on Highway 20 until May 1, 2003 from Bluff Street east to the city limits in connection with the U.S. Mississippi River Crossing Study. ORDINANCE~/~2~_~~ Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.1 of the City of Dubuque Code of Ordinances by establishing a twelve month moratorium on the issuance of permits for work in the U.S. Highway 20 Corridor. Suggested Disposition: Receive and File; Motion B; Motion A Nays Duggan ~~ BCiMichalski icholson uol ine Connors 21 = Amendment to the Code of Ordinances - Offenses and Miscellaneous Provisions City Manager recommending the addition of two sections to the City of Dubuque Code of Ordinances which would allow for a person suffedng from intoxication from substances other than alcohol to be held responsible for their actions as well as add protections for the general public. ORDINANCE ~ -~2c~/ Amending the City of Dubuque Code of Ordinances by adding a new Section 33-83 Prohibiting Being Under the Influence of a Controlled Substance in a Public Place and adding a new Section 33-84 Prohibiting Sniffing Glue or other Chemical Substances Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~.~icholson Buoi Cline Connors Amendment to the Code to Ordinances - Alcoholic Beverages City Manager recommending adoption of an amendment to the City of Dubuque Code of Ordinances to prohibit underage persons from remaining after 9:00 p.m. in those establishments where more than thirty-five pement of the business conducted on such premises is the sale or dispensing of liquor, wine or beer, except under the conditions of Subsection 5-7.2(b). ORDINANCE ~5-~ Amending the City of Dubuque Code of Ordinances Section 5-7.2(a) underage persons prohibited from premises where alcoholic liquor is sold or dispensed Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays / Duggan ~Michalski ~'~;/J~lichoison ~ ~)BUOI '-~ Cline Connom 22 10. Vehicle Impoundment Ordinance City Manager recommending modifications to the existing Vehicle Impoundment Ordinance to provide the authority to impound vehicles from pdvate lots, with the property owner's consent, and eliminating the twelve month time limitation for the collection of unpaid fines. ORDINANCE~~..~ Amending the City of Dubuque Code of Ordinances Section 32-411 removal and impoundment of vehicles by permitting the towing of vehicles on private property with the proped~ owner's consent. Suggested Disposition: Receive and File; Motion B; Motion A ~yes Nays Duggan /~ichalski L:X. Nicholson Cline Connom COUNCIL MEMBER REPORT~ 23 ITEMS TO BE SET FOR PUBLIC HEARING 2, 3, Carmel Drive - Request to Vacate - April 1, 2002 Operations and Maintenance Center Roof Repair Project - Initiate - April 15, 2002 Tanzanite Drive Paving Project- Initiate- April 15, 2002 Motion: Receive and file communications, Motion B, Motion A /~yes Nays Duggan ichalski icholson Cline Connors Carmel Drive - Request to Vacate City Manager recommending that a public hearing be set for April 1, 2002 to consider a request from the Sisters of Charity of the Blessed Virgin Mary that the City vacate a portion of Carmel Drive abutting their property. RESOLUTION/,~4:~'~,=~ Approving plat of proposed vacated portion of Carmel Drive ORDINANCE ~:~,.~-~---'~;2c~-_--'Vacating a portion of Carmel Drive RESOLUTION JY~'~;~-- of Intent to dispose of City interest in Lot 5A of Carmel Heights, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Motion B; Motion A; Public Hearing 4/1/02 24 = Operations and Maintenance Center Roof Repair Project- Initiate City Manager recommending initiation of the bidding process for the Operations and Maintenance Center Roof Repair Project and setting a public hearing for April 15, 2002. RESOLUTION//----'~'~::~ Preliminary approval of plans and specifications RESOLUTION ./~.~ Fixing date of hearing on plans and specifications RESOLUTION//;~,~2,~- Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/15/02 = Tanzanite Drive Paving Project - Initiate City Manager recommending initiation of the bidding process for the Tanzanite Drive Paving Project and setting a public hearing for April 15, 2002. RESOLUTION /?~ Preliminary approval of plans and specifications RESOLUTION /;?~: ~ ~:;~'~ Fixing date of hearing on plans and specifications RESOLUTION /~'~?c>~-~Ordering bids Suggested Disposition: Receive and File; Adept Resolutions; Public Hearing 4/15/02 Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 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. 25 CLOSED SESSION Property Acquisition - Chapter 21.5(1)(j) 2001 Code of Iowa Motion to go into closed session at ,~es Nays Duggan ~ /';'~)Michalski ~/ /~/Nicholson / ~ Buo~ / Cline j Connors Motion to adjourn at Ayes Nays Duggan Markham Michalski Nicholson ~-B~ uol ~line '-"Connom 26