Agenda 9 17 01 wf iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 17, 2001
5:00 P.M. - DINNER - LIBRARY ROTUNDA
5:30 P.M. - PRESENTATION BY HOK VENUE - LIBRARY AUDITORIUM
6:30 P.M. - REGULAR MEETING - LIBRARY AUDITORIUM
INVOCATION
Sr. Dolores UIIrich, OSF, Stonehill Franciscan Services
PROCLAMATION
Stonehill Adult Center Day (September 22, 2001)
StonehiJl
CONSENT ITEMS (See Pages 7-13)
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
Appointments to the, following Boards/Commissions:
Plumbing Board (Three unexpired terms)
Applicant: Harlan Willenborg (Master Plumber)
Zoning Advisory Commission (One vacancy to expire 7/1103)
Applicants: Ferd Nesler and Ben Rousch
Overview List Bd and Corem List Plumbing Bd App ZAC Applications
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PUBLIC HEARINGS
SUSPEND THE RULES
Kebbie Drive - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located along the
east and west sides of Kebbie Drive from R-1 Single-Family Residential District to R-3
Moderate Density Multi-Family Residential District and Zoning Advisory Commission
recommending denial of the request.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located along the
east and west sides of Kebbie Drive from R-1 Single-Family Residential District to R-3
Moderate Density Multi-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority
Vote Necessary for Approval)
Kebbie - ZAC Ltr Kebbie R-3 Kebbie R-3 Staff Kebbie R-3 Kebbie R-3 Map
Ordinance Repo~ Application
Roger Klauer - Request to Rezone Along Kebbie Drive
Proof of publication on notice of hearing to consider rezoning property located along the
east and west sides of Kebbie Drive from R-1 Single-Family Residential District and R-4
Multi-Family Residential District to C-3 General Commercial District and Zoning
Advisory Commission recommending approval of the request.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located along the
east and west sides of Kebbie Drive from R-4 Multi-Family Residential District and R-1
Single-Family Residential District to C-3 General Commercial District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Kebbie - ZAC Lb' Kebbie - C-3 Kebbie - C-3 Staff Kebbie C-3 Kebbie C~3 Hap
Ordinance Report Application
Mediacom Cable Franchise Extension
Proof of publication on notice of public hearing and City Manager recommending that
the City extend the Mediacom Cable Franchise lease to June 30, 2002.
ORDINANCE Extending the term of the existing Cable Franchise Agreement and Hub
Site Lease of MCCIowa, L.L.C. to June 30, 2002
Suggested Disposition: Receive and File; Motion B; Motion A
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Mediacom - MVM Mediacom - Staff Mediacom Ordinance Mediacom -
Memo Memo Agreement
Arbor Oaks Easement - Request to Vacate
Proof of publication on notice of public hearing and City Manager recommending
approval of a request to vacate a portion of Arbor Oaks.
RESOLUTION Disposing of interest and vacate 5 feet of a 10-foot wide utility easement
over Lot 23 Block 9 Arbor Oaks in the City of Dubuque, Iowa, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Arbor Oaks - MVM Arbor Oaks ~ Staff Arbor Oaks - Arbor Oak~ - Release
Memo Memo RasOlu'don
Easement Reques~ Easemen~
Lease with Iowa State Conservation Commission
Proof of publication on notice of public hearing and City Manager recommending
amending the lease for the E.B. Lyons Prairie-Woodland Preserve and Nature
Interpretive Center with the Iowa State Conservation Commission to include a section of
the Rip Row Valley property.
RESOLUTION Approving an amendment to the lease agreement with the Iowa State
Conservation Commission
Suggested Disposition: Receive and File; Adopt Resolution
Lease - MVM Memo Lease - Staff Memo Lease - Resolution Lease - Amendment DNR Exhibit
Iowa National Guard Training at Roosevelt Park
Proof of publication on notice of hearing and City Manager recommending approval of
a usage agreement with the Iowa National Guard allowing them to do training at the
former Roosevelt Park.
RESOLUTION Approving a Usage Agreement with the Iowa National Guard for the
former Roosevelt Park
Suggested Disposition: Receive and File; Adopt Resolution
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FDR - MVM Memo FDR - Stuff Memo FDR - Resolution FDR Agreement FDR Park
Local Law Enforcement Block Grant Award
Proof of publication on notice of public hearing and City Manager recommending final
acceptance of the 2001 Local Law Enforcement Block Grant Award.
Suggested Disposition: Receive and File; Concur
Block Grant - MVM Block Grant - Staff
Memo Memo
ACTION ITEMS
Standard Encroachment Policy
City Manager recommending approval of a standard encroachment policy which would
grant the City Manager authority to issue permits for encroachments into the public
right-of-way.
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
adopting a new Section 5, including new Sections 4-160 through 41-169, Authorizing
the City Manager to Issue Permits for Right-of-Way Encroachments
Suggested Disposition: Receive and File; Motion B; Motion A
Encroachments - Encroachment - Staff Encroachment
MVM Memo Memo Ordinance
Human Rights Commission - Utilization of HUD Funds
City Manager recommending that the City apply for HUD Partnership Initiative funds in
four different categories: (1) $11,000 for testing; (2) $5,000 for novel and complex
cases; (3) $5,000 for outreach and education; and (4) $20,000 for enforcement projects.
Suggested Disposition: Receive and File; Approve
HUD - MVM Memo HUD Fds - Staff
Memo
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Rebuild Iowa Program
Communication from the Environmental Stewardship Advisory Commission requesting
City Council approval to prepare an application for submission to the Iowa Department
of Natural Resources for the "Rebuild Iowa" Program.
Suggested Disposition: Receive and File; Approve
Rebuild IA - ESAC Lb' Rebuild Iowa RFP
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Stormwater Management Plan
Communication from the Environmental Stewardship Advisory Commission requesting
that the Commission be involved in the discussions and planning for the City's Storm
Water Management Plan.
Suggested Disposition: Receive and File; Council Direction
Storm Water - ESAC
Ltr
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
1133 White Street - Request to Dispose
City Manager recommending that a public hearing be set for October 1, 2001 to
consider disposing of City-owned property at 1133 White Street to Jack and Steven
Stackis.
RESOLUTION of Intention to dispose of City-owned property, specifically, South One-
Half (S1/2) of the Middle One-Fifth (Ml/5) of Out Lot 479 in the City of Dubuque, County
of Dubuque, Iowa, according to the United States Commissioners Map; otherwise
known as 1133 White Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/1/01
1133 White - MVN Stadds - Staff Memo St~ckis - ResoJution
]VJe133o
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2001 Harbor Maintenance Dredging Project
City Manager recommending initiation of the bidding process for the 2001 Harbor
Maintenance Dredging Project and setting a public hearing for October 15, 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 Hea'ring
10/15/01
Dredging - MVM Dredging - Staff Dredging - Dredging'Map
Memo Memo Resolutioes
Manson Road Bridge Project - Initiate
City Manager recommending initiation of the bidding process for the construction of the
Manson Road Bridge and setting a public hearing for October 15, 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
10/15101
Bridge - MVM Memo Bridge - Staff Memo Bridge - Resolutions
Kebbie Drive - Request to Vacate
City Manager recommending that a public hearing be set for October 1, 2001 to
consider a request from Roger Klauer to vacate a portion of Kebbie Drive.
RESOLUTION of Intent to dispose of City interest in Lot 4A of Block 3 C.J. Bies
Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision, Dubuque, Iowa
ORDINANCE Vacating a portion of Kebbie Drive south of Daniels Street
RESOLUTION Approving Plat of Survey of propoSed vacated portion of Kebbie Drive
south of Daniels Street
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Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion
A; Public Hearing 10/1/01
Kebbie - MVM Memo Kebbie - Staff Memo Resolution #! Ordinance Resolution #2
Kebbie - Reques~ Ltr Kebbie - Plat
CONSENTITEMS
Minutes Submitted
Airport Commission of 8/27; Civil Service Commission of 7/31; Community
Development Advisory Commission of 9/6; Downtown Planning Committee of the Long
Range Planning Commission of 8/13; Electrical Code Board of 8/30; Environmental
StewardShip Advisory Commission of 9/4; Historic Preservation Commission of 8/27;
Housing Commission of 8/27; Housing Commission Trust Fund Committee of 8/23;
Zoning Advisory Commission of 9~5; Zoning Board of Adjustment of 8/23
Proof of publication of Council Proceedings of 8/6, 8/20, 8/22 and 8/23; Proof of
Publication of List of Claims and Summary of Revenues for month ending July 31, 2001
Suggested Disposition: Receive and File
Airport of 8/27 Civil Service Comm Dev Adv Downtown ESAC Electrical Code Bd
Comm Commiffoee
Historic PreservaLion Housing Hsg Trust Fund Zoning Advisory Zoning Bd of Adj
Notice of Claims/Suits
Karen A. Heaty in undetermined amount for personal injury; Elizabeth Heiberger in
estimated amount of $115.00 for property damage; Norma J. Winter Smith in
undetermined amount for property damage
Teamsters Local Union No. 421 v. City of Dubuque
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel recommending settlement of the claim of Robert Reding in the
amount of $76.43 for vehicle damage
Corporation Counsel recommending denial of the claim of Karen A. Saboe for vehicle
damage
Suggested Disposition: Receive and File; Concur 7
Claims - Settled (::]aims - Denied
Whiskey River
Communication from Joseph J. Bitter, representing Chad Streff (d/b/a Whiskey River),
regarding the City's noise ordinance.
City Manager response on the enforcement of municipal infractions for noise/
disturbance complaints.
Suggested Disposition: Receive and File
Biter Ltr w/AU~ch Whiskey River - MVM Whiskey River - Staff Infrac'dons
Memo Memo
Consolidated Annual Performance and Evaluation Report (CAPER)
City Manager recommending approval of the Consolidated Annual Performance and
Evaluation Report (CAPER) for the period of July 1, 2000 through June 30, 2001 as
required by the U.S. Department of Housing and Urban Development (HUD) for the
City's Community Development Block Grant Program.
RESOLUTION Authorizing the submission of a Consolidated Annual Performance and
Evaluation Report (CAPER) for the period commencing July 1, 2000 and concluding
June 30, 2001
Suggested Disposition: Receive and File; Adopt Resolution
CAPER - MVM Memo CAPER - Staff Memo CAPER Resolution CAPER Report
Grand Opera House - Downtown Rehab Loan
City Manager recommending approval of a request from the Grand Opera House
Foundation for a Downtown Rehabilitation Loan in the amount of $73,000 to complete
renovation of the front fa(;ade of the Grand Opera House.
RESOLUTION Authorizing a Letter of Commitment and additional actions concerning a
Downtown Rehabilitation Loan to the Grand Opera House Foundation
Suggested Disposition: ReCeive and File; Adopt Resolution
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Grand - MVM Memo Grand - Staff Memo Grand -'Resolution Grand - Lb" Grand Request
Cottingham and Butler - CEBA Agreement Approval
City Manager recommending execution of a CEBA Loan Agreement of $120,000 to
support Cottingham and Butler's renovation project of the Town Clock Building.
RESOLUTION Authorizing the execution of a Community Economic Betterment
Account Loan Agreement for One Hundred Twenty Thousand Dollars ($120,000) with
Cottingham and Butler Insurance Service, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
CEBA - MVM Memo CEBA - Staff Memo CEBA - Resolution CEBA Loan Agr
Assumption and Subordination of Mortgage Obligation - Bakey Property
City Manager recommending approval of an Assumption Agreement and a Mortgage
Subordination Agreement for the purchase of the Bakey property at 231 West 2"~
Street.
RESOLUTION Authorizing an Assumption Agreement and a Mortgage Subordination
Agreement in regard to a mortgage interest in the easterly 40 feet of Lot 85 in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Bakey - MVM Memo Bakey - Staff Memo Bakey - Resolution Assumption Agr Subordin~on Agr
Preservation Services Grant Application for Design Guidelines
City Manager recommending approval of an application to the State Historic
Preservation Office for a $5,000 Preservation Services Grant to develop, print, and
distribute a historic design guidelines manual.
RESOLUTION Authorizing application for a Preservation Services Grant
Suggested Disposition: Receive and File; Adopt Resolution
Grant - MVM Memo Grant - Staff Memo Grant - Re~oluUon Grade Application
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Certified Local Government Grant Contract for Historic Design Guidelines
City Manager recommending approval of a contract with the State Historical Society of
Iowa for a $10,000 grant for historic design review training.
Suggested Disposition: Receive and File; Approve Contract
CLG - Staff Memo CLG - Staff Memo State Contract
10.
Train Depot - IDOT Agreement
City Manager recommending approval of a Supplemental Agreement with the Iowa
Department of Transportation (IDOT) for the Burlington Northern Railroad Depot
Restoration Project.
Suggested Disposition: Receive and File
Depot - MVM Memo Depot - Staff Memo IDOT Ltr
11.
2000 PC Paving Project - Acceptance
City Manager recommending acceptance of the 2000 PC Paving Project in the final
contract amount of $1,039,554.82 and establishing the preliminary schedule of final
assessments.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $1,039,554.82
RESOLUTION Adopting the final assessment schedule for the 2000 P.C. Concrete
Paving Project - No. 1 including certain information required by the Code of Iowa,
specifically, the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable and
directing the Clerk to certify the final schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolutions
2000 PC - MVM 2000 PC - Staff 2000 PC - 2000 PC
Memo Memo Resolutions Assessments
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12.
Manson Road - Acceptance of Warranty Deeds
City Manager recommending acceptance of warranty deeds for right-of-way purchases
on Manson Road.
RESOLUTION Accepting a conveyance of property - a part of Lot 1-1-1-1-1-1-1-1-1 of
Mineral Lot 499 in the City of Dubuque, Iowa - on Manson Road to the City of Dubuque
RESOLUTION Accepting a conveyance of property - a part of Lot 2-2-4 of Mineral Lot
501 in the City of Dubuque, Iowa - on Manson Road to the City of Dubuque
RESOLUTION Accepting a conveyance of property - a part of Lot 1-1-2-4 of Mineral
Lot 501 in the City of Dubuque - on Manson Road to the City of Dubuque
RESOLUTION Accepting a conveyance of property- a part of Lot 1-2-1-2-4 of Mineral
Lot 501 in the City of Dubuque, Iowa - on Manson Road to the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions
Deeds - MVM Memo Deeds - Staff Memo ReSolution #! Resolu'don #2
Resolution #3 Resolution #4
13.
i4.
Fiscal Year 2001 Street Finance Report
City Manager recommending approval of the City of Dubuque's Fiscal Year 2001 Street
Finance Report and authorize the filing of the report with the Iowa Department of
Transportation.
RESOLUTION Approving the City of Dubuque Fiscal Year 2001 Street Finance Report
Suggested Disposition: Receive and File; Adopt Resolution
Street Report - MVM Street Report - Staff Street Report - Street Report
Memo Memo Resolution
Penalties Tobacco Permit Holders
City Manager recommending that a hearing be set for October 1, 2001 to assess civil
penalties against five establishments for underage sale of tobacco.
Suggested Disposition: Receive and File; Hearing 1011101
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Tobacco - ~ Tobacco - Staff
Memo Memo
Unit Based Pricing Program
City Manager providing information on planning and implementation of the Unit Based
Pricing Program for solid waste collection.
Suggested Disposition: Receive and File
Pricing - MVM Memo Pricing - Staff Memo Pricing - DNR Ltr
16.
Water Pollution Control Plant Evaluation Inspection
Communication from the Iowa Department of Natural Resources submitting the
inspection report completed for the Water Pollution Control Plant.
Suggested Disposition: Receive and File
Iowa DNR Ltr
17.
Platinum Hospitality
Communication from Jim Rix, Platinum Holdings, LLC, requesting permission to have a
pyrotechnics show on September 21, 2001 as part of their groundbreaking ceremony.
SuggeSted Disposition: Receive and File; Approve
Platinum Request
18.
Dubuque County Land Use Development Plan
Communication from Jim Gonyier, East Central Intergovernmental Association,
regarding revision of the Dubuque County Land Use Development Plan and inviting the
City Council to attend a Community Workshop on Tuesday, September 25, 2001, from
6:30 p.m. to 9:00 p.m. at the Carnegie Stout Library Auditorium.
Suggested DispositiOn: Receive and File
ECIA L~
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19.
Liquor License Refund
The Monday Co., d/b/a Casey's General Store, requesting a refund of their Class C
Beer Permit in the amount of $25.00.
Suggested Disposition: Receive and File; Approve Refund
Refund Request
20,
Business Licenses
RESOLUTION Granting issuance of a Class "B" Beer Permit (5 Day Special Event) to
Dubuque Jaycees and Class "C' Beer Permit to Wal-Mart Supercenter #2004, 5-Point
Mart, Kwik Stop Food Mart, and Asbury Amoco Foodshop
RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Grand Tap,
Angle's Bar, Attitudes Pub & Grill, One Flight Up, Main Street Caboose, and Loras
College Alumni Center; Special Class "C" Liquor License to Sugar Ray's Barbeque and
Loras College Campus Field House; and Class "B" Wine Permit to Wal-Mart
Supercenter #2004
Suggested Disposition: Adopt Resolutions
Beer Liquor
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.
Jeanne F. Schneider
September 13, 2001
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