4 16 01 City Council AgendaCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, APRIL 16, 2001
6:30 P.M.
LIBRARY AUDITORIUM
INVOCATION
Loren Hirschy, Pastor, Word of Life
PROCLAMATIONS
Sexual Assault Awareness Month (April, 2001)
Days of Remembrance of the Victims of the Holocaust (April 15 - 22, 2001)
Community Development Week (April 16 - 22, 2001)
Crime Victims' Rights Week (April 22 - 28, 2001)
Arbor Day (April 28, 2001)
Day of Prayer (May 3, 2001)
Sertoma Candy Days (May 11 and 12, 2001)
Prodamat~ons
CONSENT ITEMS (See Pages 7-12)
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.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions:
Community Development Advisory Commission (Two Vacancies):
Tract 10)
Zoning Board of Adjustment (One Vacancy): Randall J. Klauer
Bd and Comrn- Bd and Comrn Hairy Application I~auer Application
Cover List
Paula Maloy (Census
PUBLIC HEARINGS
SUSPEND THE RULES
Mt, Carmel Sanitary Sewer Extension Project - Award Contract
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
contract for the Mt. Carmel Sanitary Sewer Extension Project to Connolly
Construction of Peosta, Iowa, in the amount of $272,288.50
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Connolly Construction in the amount of
$272,288.50
Suggested Disposition: Receive and File; Adopt Resolutions
Mt. Carmet - Ht. Carmel - Ht. Carmel ~ Mt. Carmel - Ht Carmel Cost Mt Carmel '
HVM Heine Staff Memo Resolutions A.~essments Figures Historical Data
Text Amendment to Zoning Ordinance - Off-Premise Signs (Tabled and Referred
Back to Zoning Advisory Commission at Meeting of February 19, 2001)
Proof of publication on notice of hearing to consider an amendment to Section 4-
3.11 of the Zoning Ordinance to establish minimum spacing requirements for off-
premise signage.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for
Off-Premise Signs and adopting a new Section 4-3.11 Schedule of Sign Regulations
for Off-Premise Signs in lieu thereof, pertaining to increasing the spacing between
off-premise signs along a Federal and Primary Highway(s) from 100 feet to 750
feet and along all other City streets from 100 feet to 500 feet
Suggested DisPosition: Remove from Table; Receive and File; Motion B; Motion A
Signs - ZAC Signs - Staff Signs - Ordinance Signs - S~ff Signs - Table Lamar ApplicaMon Bressler Ltr
Memo Menlo Memo
Alley Between Rhomberg and Garfield from Dock to Fengler - Sanitary Sewer
Extension Project - Award Contract
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
contract for the Sanitary Sewer Extension Project in the alley between Rhomberg
2
and Garfield from Dock to Fengler to Tschiggfrie Excavating in the amount of
$117,238.89.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Tschiggfrie Excavating in the amount of
$117,238.89
Suggested Disposition: Receive and File; Adopt ResolUtions
Alley - MVH Alley - Staff Alley - Resolution Nley - Resolution Alley - Cost
Memo Memo #1 #2 Estimate
Kerper Court - Vacating Petition
City Manager recommending to approve a request from John P. and Letha A.
Mihalakis and Richard L. and Cindy Billmeyer, to vacate various easements at
Kerper Boulevard and Kerper Court.
RESOLUTION Disposing of interest and vacating utility and other various easements
over Lot 5 of Kerper Industrial Park and Lot 2 of FDL Second Addition in the City of
Dubuque, Iowa, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Kerper - MVH Kerper - Staff Kerper - Kerper Map R~lease of Brian Kane Lt~
Memo Memo Resolution Easement
REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
ACTION ITEMS
Town Clock Plaza
City Manager submitting conceptual designs and approximate cost for (1) opening
of Main Street from 5th Street to 9th Street and (2) redevelopment of the area as a
pedestrian mall.
Suggested Disposition: Receive and File; Council
NOTE: The material for this agenda item will be delivered on Friday.
Hearing on Penalties for Tobacco Permit Holders
City Manager recommending approval of the assessment of appropriate civil
penalties against Casey's General Store, 2699 Rockdale Road; IOCO Speede
Shoppe, 2150 Twin Valley Road; Oky Doky Foods, 1256 Iowa Street; Kwik Stop,
3
=
280 Locust Street; Kwik Stop, 2320 Highway 61; Wareco, 700 Rhomberg for the
sale of tobacco to minors,
Suggested Disposition: Receive and File; Approve Assessments
Tobacco- Staff
t4erno
Storm Water Detention Policy - Amendment
City Manager recommending an amendment to the City's Storm Water Detention
Policy to include non-residential subdivisions and planned unit developments.
RESOLUTION Providing for an amendment of the City of Dubuque Storm Water
Detention Policy
Suggested Disposition: Receive and File; Adopt Resolution
Sterm Water - Storm Water - Stetro Water - Storm Water - Storm Water - Storm Water -
NVN ~4emo Staff Hemo R~solufion Changes Policy BAL Ltr
Demolition Districts
Communication from the Historic Preservation Commission recommending
amendments to demolition districts in the City.
ORDINANCE Amending Section 1 1-4 of the City of Dubuque Code of Ordinances,
pertaining to Demolition Districts
Suggested Disposition: Receive and File; Motion B; Motion A
Demolition - Staff Den~rdon - HPC Demolition Demolition Demolition Naps
t4emo Ltr Ordinance Update
Demolition - Code 1974 Zoning Ccondl Actions
Section Minutes
Grand Opera House - Construction Ordinance
City Manager recommending approval of a request from the Grand Opera House for
a construction ordinance to construct two new iron and concrete fire escapes that
will serve as required exits from the balcony and main theater floor.
ORDINANCE Authorizing the Grand Opera House to construct iron and concrete
exit stairs in the public alley between 8th and 9th Streets
Suggested Disposition: Receive and File; Motion B; Motion A
Grand - MVM Grand Opera
Memo House - Staff= Men
Grand Ordinance Grand Request Grand Drawings
Brewery Property - Eminent Domain Proceedings
City Manager recommending that the City proceed with condemnation to acquire
the Brewery property.
RESOLUTION Authorizing the acquisition of certain real property owned by the
Aspermont Company by Eminent domain proceedings
Suggested Disposition: Receive and File; Adopt Resolution
Brewery - MVM Brewery - Brewery - Offer
Memo Resol,Ydon Ltr
Residential Parking Permit District - Senior High School Area
City Manager submitting additional information regarding the May 7, 2001 public
hearing on the proposed amendment to Residential Parking Permit District "C" in
the Senior High School area.
Suggested Disposition: Receive and File
Senior RPPD - RPPD - Staff RPPD - Senior -
MVH Memo Memo Exhibits
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
Flat Iron Park Renovation - Initiate
City Manager recommending initiation of the bidding process for the renovation of
Flat Iron Park and that a public hearing be set for May 7, 2001.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/7/01
5
Rat Iron - MVM Flat Iron - Staff F~ Iron -
Memo Memo Resolutions
Community Development Block Grant Curb Ramp Project - Initiate
City Manager recommending initiation of the bidding process for the Community
Development Block Grant (CDBG) curb ramp project and that a public hearing be
set for May 21, 2001
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/21/01
Curb Ramps - Curb Ramp - Curb Ramp - Curb Ramp Maps
MVM Memo Staff Memo Resolu~ons
Residential Perking Permit District - Amy Court
City Manager recommending that a public hearing be set for May 21, 2001, to
consider a request for a Residential Parking Permit District on Amy Court.
RESOLUTION Setting a public hearing on establishing a Residential Parking Permit
District on Amy Court from Marjorie Circle to the northerly end
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/21/01
Amy Court - MVH Amy Court - Staff Amy Court - Amy Court Map Amy Court
Memo Memo Resolution Pe'd'dofl
Bond Sale to Support America's River Project Components
City Manager recommending that a public hearing be set for May 7, 2001 on the
proposition of selling not to exceed $12,500,000 in General Obligation Bonds to
support components of the America's River Project.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to
exceed $12,500,000 General Obligation Bonds (for Essential Corporate Purposes)
of Dubuque, Iowa, and providing for publication of notiCe thereof
6
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/7/01
Bonds ~ MVM Bond 5ale - Staff Bond Sale Bonds - Summary
Memo M~rno Resolution
CONSENT ITEMS
Minutes Submitted
Building Code Board of Appeals of 2/22; Cable Regulatory Commission of 3/14;
Civil Service Commission of 2/28; City Council Proceedings of 4/2; Historic
Preservation Commission of 3/15 and 4/9; Housing Commission of 3/27; Park and
Recreation Commission of 3/13; Zoning Advisory Commission of 4/4; Zoning Board
of Adjustment of 3/22
Proof of publication of Council Proceedings for 3/19
Finance Director submitting the Financial Reports for the month ending March 31,
2001,
SUggested Disposition: Receive and File
Bldg Code Bd Cable TV City Coundl C~il Service HPC HFC of ~-9 Housing
Regulate~y Commission
Park and Rec Zoning Advisory ZBA
Notice of Claims/Suits
Pam and Andy Daack in estimated amount of $4,655 for vehicle damage; Joseph
E. Dolan in estimated amount of $250 for property damage; Dorothy T. Finzel in
estimated amount of $4,063.68 for property damage; Robert L. Harbin in
undetermined amount for personal injury; David R. Janzig, Sr. in estimated amount
of $1,550 for vehicle damage; Gene A. Kramer in estimated amount of $2,222.96
for vehicle damage; Bill Miller in estimated amount of 9167 for property 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:
Steven Althof for property damage/loss of profits; Cottingham and Butler/SISCO for
personal injury; Pam and Andy Daack for vehicle damage; Dorothy T. Finzel for
property damage; Guy A. Gard for property damage/loss of profits; Robert L. Harbin
for personal injury; Allan Sauser for vehicle damage; State Farm Insurance for
7
vehicle damage; David and Ellen Willis for property damage/loss of profits; Clarke
Wolff for property damage/loss of profits
Corporation Counsel recommending settlement of the claim of Steve Vinson in the
amount of $250.00 for vehicle damage and that the Finance Director be directed to
issue the appropriate check
Suggested Disposition: Receive and File; Concur; Finance Director to Issue Check
Oaims - tCAP Claims - Set-Ued
Citizen Communication
Communication from David Cox, 1401 Henion Street, regarding actions of the
Historic Preservation Commission.
Communication from the Historic Preservation Commission to David Cox
Suggested Disposition: Receive and File; Refer to Legal Dept for Response
CoxUT HPC Response Ltr
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Medical
Officer.
Suggested Disposition: Receive and File; Make a Matter of Record
Medical Officer
Housing Commission
Communication from James Holz, Chairperson of the Housing Commission,
regarding the status of one of their members.
Suggested Disposition: Receive and File; Council Action
HOUS~
Commission Iqem(
8
Request for Fire Works Display
Communication from William Foss, Diamond Jo Casino, requesting permission to
discharge fireworks on Monday, May 28, 2001, with a rain date of Tuesday, May
29, 2001.
Suggested Disposition: Receive and File; Approve
Diamond ~ Ltr
Flora Pool and Sutton Pool Water Playgrounds
City Manager recommending that the three resolutions adopted on April 2, 2001
initiating the bidding process for the Flora and Sutton Pool Water Playgrounds be
rescinded.
RESOLUTION Rescinding Resolution Numbers 126-01, 127-01, and 128-01, giving
preliminary approval of plans and specifications, fixing date of public hearing on
plans and specifications, and ordering bids for the Sutton Pool and Flora Pool Water
Playgrounds Construction Project
Suggested Disposition: Receive and File; Adopt Resolution
Pools - MVM Pools - Staff Pools - Resoltfdon
Memo Memo
2000 PC Concrete Paving Project - No. 2 (Burden/North Burden) - Acceptance
City Manager recommending acceptance of the 2000 PC Concrete Paving Project -
No. 2 (Burden/North Burden) and approval of the preliminary final schedule of
assessments.
RESOLUTION Accepting improvement for the 2000 PC Concrete Paving Project #2
(Burden/North Burden)
RESOLUTION Approving final estimate
RESOLUTION Approving preliminary final schedule of assessments
Suggested Disposition: Receive and File; Adopt Resolutions
2000 PC ~ MVM 2000 PC - Staff 2000 PC 2000 PC
Memo Memo Resolutions Assess~nents
9
10,
11.
12.
Cedar Ridge Farm Place No. 4 - Final Plat
City Manager recommending approval of the final plat of Cedar Ridge Farm Place
No. 4, a commercial subdivision.
RESOLUTION Approving the final plat of Cedar Ridge Farm Place No. 4 in the City
of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Cedar Ridge - r~r PJdge - F_~dar Ridge - Cedar PJdge ~ Cedar PJdge
HVM Memo Staff Memo Staff Report Resolution Plat
Carroll Subdivision - Final Plat
Zoning Advisory Commission advising of their approval of the final plat of Carroll
Subdivision in Dubuque County.
RESOLUTION Approving the final plat of Carroll Subdivision in DUbuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Carroll - ZAC Carroll - Carroll - Staff Carrotl
Harr~ Resolution Hemo Application-Plat
Patricia Ann Acres Subdivision - Plat of Survey
Zoning Advisory Commission advising of their approval of the Plat of Survey of Lot
1 of 5 and Lot 2 of 5 of Patricia Ann Acres Subdivision No. 2
RESOLUTION Approving the Plat of Survey of Lots 1 of 5 and 2 of 5 of Patricia
Ann Acres Subdivision No. 2
Suggested Disposition: Receive and File; Adopt Resolution
Patricia Ann - Patr~cia Ann - Patricia Ann - EdWards
ZAC Ur ResolutJon Staff Hemo ApplicatJon-Plat
Historic District Design Guidelines
City Manager recommending concurrence with the Historic Preservation
Commission's suggestions regarding the creation of a process for a Historic District
Public Improvement Program.
Suggested Disposition: Receive and File; Concur
10
13.
14.
15.
Historic Distrids - Historic Districts - Exhibit C
MVM Memo Staff Memo
Urban Revitalization Program
City Manager recommending that expansion of the Urban Revitalization Program be
referred to the Historic Preservation Commission for review and recommendation.
Suggested Disposition: Receive and File; Concur
Urban Rev~ - Urban Revit Map
MVM Memo
Koch Court Exhibit
City Manager recommending approval of a request from Koch Materials for a new
address for their property off of Kerper Boulevard and establishment of Koch Court.
RESOLUTION Approving an exhibit of Koch Court
Suggested Disposition: Receive and File; Adopt Resolution
Koch Cour~ - Koch Ct - Staff Koch Ct - Koch Co~r~ - Map
MVM Memo Memo Reso{ution
River's Edge Plaza - Construction Change Order
City Manager recommending approval of a change order to the existing
construction contract for the River's Edge Plaza to proceed with construction of the
alternate components of the project.
RESOLUTION Approving a change order to the River's Edge Plaza project
Suggested Disposition: Receive and File; Adopt Resolution
River's Edge - River's Edge - River's Edge -
MVM Memo Staff Memo ReSOlL~On
11
16.
Downtown Rehabilitation Loans
City Manager recommending approval of operating loans from the Downtown
Rehabilitation Loan Program to four Old Main business and property owners
affected the order to vacate the rear thirty feet of their buildings.
RESOLUTION Approving Downtown Rehabilitation Loan requests for Steve Althoff
(243 Main Street); Guy Gard (356 Main Street); Ellen Willis (372 Main Street); and
Larry Gee (378 Main Street)
Suggested Disposition: Receive and File; Adopt Resolution
Loans - HVN leans - Staff Loans - Loan Applications
Memo Hemo Resolution
17.
Business Licenses
RSOLUTION Granting issuance of a Class 'B" Beer License to Dubuquefest; and
Class "C" Beer License to Lien Oriental American Food
RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Noonan's
Tap; Idle Hour; Loras College; Olive Garden; Corner Tap; Central Tap; and Bunker
Hill Golf Course
Suggested Disposition: Adopt Resolutions
Beer Resolution Uquor
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 (Iowa Code Chapter 21-.5(1)(j)
Jeanne F. Schneider
t :00 p.m.
April 12, 2001
12