Agenda 10 01 01 with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, OCTOBER 1, 2001
6:30 P.M.
LIBRARY AUDITORIUM
INVOCATION
Reverend Terry Simm, Pastor, First Presbyterian Church
PROCLAMATIONS
Domestic Violence Awareness Month (October)
Crop Walk Day in Dubuque (October 7, 2001)
Trick or Treat Night (October 31, 2001)
Domestic Violence Crop Walk Halloween
CONSENT ITEMS (See Pages 7-14)
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:
Environmental Stewardship Advisory Commission (Two 3-year terms to expire 1011104)
Applicants: Michael J. Buelow, John S. Bennett, John Nemmers
Mechanical Code Board (Five Vacancies)
Applicant: Todd Geisler (Pipefitter)
Plumbing Board (Two Vacancies)
Applicant: Dan Harris (At-Large)
Bd and Comm List Overview Sheet Env Stewardship iViechanical Bd App Plumbing Bd App
Apps
PUBLIC HEARINGS
SUSPEND THE RULES
Plastic Center, Inc. - Conceptual Development Plan
Proof of publication on notice of hearing and Zoning Advisory Commission reaffirming
their approval of a rezoning request from Plastic Center, Inc., to rezone property located
at the southeast corner of the Northwest Arterial and Asbury Road from AG Agricultural
District to PUD Planned Unit Development with a PC Planned Commercial, PO Planned
Office and PR Planned Residential designation.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at the
southeast corner of Highway 32 (Northwest Arterial) and Asbury Road from AG
Agricultural District to PUD Planned Unit Development District with PC Planned
Commercial District, PO Planned Office and PR Planned Residential District
Designations, and adopting a Conceptual Development Plan, with conditions, for Plastic
Center, Inc.
Suggested Disposition: Receive and File; Motion B; Motion A
Plastic C'tr - ZAC Ltr Plastic C"tr - Staff Kane Lb' Background Info
Memo
1133 White Street - Sale of Real Property
Proof of publication on notice of public hearing and City Manager recommending the
sale of City-owned property at 1133 White Street to Jack and Stephen Stackis for the
amount of $5,165.
RESOLUTION Approving the disposal of City-owned property, specifically, South One-
Half (S1/2) of the Middle One-Fifth (M1/5) 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
Stackis - MVM Mem¢ Stackis - Staff Memo Stackis - Resolution
Kebbie Drive - Request to Vacate
Proof of publication on notice of public headng and City Manager recommending to
dispose of City-owned property to Roger Klauer.
RESOLUTION Disposing 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
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Suggested Disposition: Receive and File; Adopt Resolution
Kebbie - MVM Memo Kebbie - Staff Memo Kebbie - Request Ltr Kebb)e - Resolution
Bergfeld Recreation Area Jetty and Access Trail Project
Proof of publication on notice of public hearing and receipt of bids and City Manager
recommending award of the contract for the Bergfeld Recreation Area Jetty and Access
Trail Project to Portzen Construction, Inc., in the amount of $62,304.56.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract to Portzen Construction, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
.letty - MVM Memo .letty - Staff Memo Resolution #1 Resolution #2
ACTION ITEMS
Penalties for Tobacco Permit Holders
Consideration of assessing civil penalties to five businesses for underage tobacco
sales.
Suggested Disposition: Receive and File; Assess Penalties
Tobacco - Staff
Memo
Roger F. Klauer - Request for Clarification
Communication of Roger F. Klauer requesting clarification of the Memorandum of
Agreement of C-3 zoned property in C.J. Bies Subdivision.
Communication from the Zoning Advisory Commission regarding the condition of limited
access to Century Drive from the commercial property and offering to review the issue
at their next meeting.
Suggested Disposition: Receive and File; Council Direction
Klauer Ltr Klauer - ZAC Ur Klauer Photos
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Animal Control Ordinance
City Manager recommending approval of changes to the Animal Control Ordinance
relative to vicious dogs and other minor updates to the Ordinance.
ORDINANCE Amending Chapter 7 Animals and Fowl, Article II, Dogs and Cats, by
amending Sec. 7-16 Definitions, Sec. 7-18 Nuisance, Sec. 7-19 Female Dogs in
Season, Sec. 7-23 Redemption, Sec. 7-24 Disposition of Unredeemed Dogs or Cats,
Sec. 7-25 Running at Large; by adopting a new Sec. 7-26 Directing Dog With Malicious
intent; by adopting a new Se. 7-27 Use of Dog in Illegal Activity; by adopting a new Sec.
7-28.10 Keeping Unlicensed Dog or Cat Prohibited; by amending Sec. 7-32 Application
for License, Sec. 7-33 Dogs-License Fee, 7-35 Cats-License Fee; and by adopting a
new article IV Potentially Vicious Dogs, Defining Potentially Vicious Dog, Providing a
Procedure for Declaration of Potentially Vicious Dog and the Disposition of Potentially
Vicious Dog
Suggested Disposition: Receive and File; Motion B; Motion A
Animal Oral - PIVM Animal Ord - Staff Animal Ordinance Ordinance - Redlioed
Memo Memo
Special Events Project - Ordinance Changes
City Manager recommending approval of a Special Events Project format and several
related changes to the Code of Ordinances.
ORDINANCE Repealing City of Dubuque Code of Ordinances Section 6-96, Police
Officers Employed at Dance Halls; repealing Section 6-98 relating to Police Supervision
at Public Dances; and amending Section 6-99 relating to Conditions at Dance Halls
ORDINANCE Requiring a permit for certain events on private property and providing for
the application and standards for the issuance of such a permit
ORDINANCE Amending City of Dubuque Code of Ordinances Section 33-46 Prohibited
Noises, by adding a new Paragraph 13, Prohibiting Outdoor Music or Amplified Noise at
Certain Times
Suggested Disposition: Receive and File; Motion B; Motion A
Events - MVM Memo Ordinance #1 Ordinance #2 Ordinance #3
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Highway 20 Moratorium Appeal Process
City Manager recommending approval of an appeal process for the issuance of building
permits within the Highway 20 Moratorium area.
ORDINANCE Amending Section 11-58.1 of the City of Dubuque Code of Ordinances
Establishing Highway 20 Corridor/Bridge Study Moratorium by providing for an appeal
to the City Council
Suggested Disposition: Receive and File; Motion B; Motion A
Moratorium - MVM Moratorium - Staff Moratorium - Moratorium -
Memo Memo Ordinance Changes
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Highway 20 Moratorium - MidAmerican Energy Appeal
City Manager recommending that the Building Services Manager be directed to issue a
permit to MidAmerican Energy to construct a temporary building along Highway 20 for
the purpose of remediating underground contamination.
Suggested Disposition: Receive and File; Approve
MidAmedcan - MVM MidAmedcan - Staff MidAmerican Ltr
Memo Memo
Fiscal Year 2002 Annual Action Plan Amendment
City Manager recommending approval of an amended and restated Fiscal Year 2002
Annual Action Plan for the Community Development Block Grant (CDBG) Program.
RESOLUTION Approving an amended and restated Fiscal Year 2002 (Program Year
2001) Annual Action Plan for Community Development Block Grant funds
Suggested Disposition: Receive and File; Adopt Resolution
CDBG - MVM Memo CDBG - Staff Memo CDBG - Resolution Exhibit 1
Design for Expansion of Law Enforcement Center
Communication from the Historic Preservation Commission regarding the design for the
expansion of the Law Enforcement Center.
Suggested Disposition: Receive and File
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HPC Ltr
Louise Lane Bridge - Weight Limits
City Manager recommending approval of weight limit changes for the Louise Lane
Bridge.
ORDINANCE Amending Section 32-185(a) of the City of Dubuque Code of Ordinances
prohibiting heavy vehicles on certain bridges by modifying the weight limit on Louise
Lane
Suggested Disposition: Receive and File; Motion B; Motion A
Louise Lane - MVM Louise Lane - Staff Louise Lane
Memo Memo Ordinance
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
Fiscal Year 2002 Budget Amendment
City Manager recommending that a public hearing be set for October 15, 2001, to
consider an amendment to the Fiscal Year 2002 budget.
RESOLUTION Directing the City Clerk to publish proposed amendment to the Fiscal
Year 2002 budget and date of public hearing
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/15/01
Budget - MVM Memc Budget - Staff Memo Budget ResoluUon Budget Summa~,
The Finley Hospital - Request to Vacate
City Manager recommending that a public hearing be set for October 15, 2001 to
consider a request from The Finley Hospital to vacate an alley west of College Street
and the southwest corner of West 5th Street and College Street.
RESOLUTION of Intent to dispose of City interest in Lots 7A and 8A of Finley Home
Addition in the City of Dubuque
ORDINANCE Vacating the alley west of College Street and the southwest corner of
West Fifth Street and College Street
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RESOLUTION Approving plat of proposed vacated alley west of College Street and the
southwest corner of West Fifth Street and College Street
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion
A; Public Hearing 10115101
Finley - HVM Hemo Finley - Staff Hemo Resolution #:[ Ordinance Resolution #2 Finley Request
CONSENTITEMS
Minutes Submitted
Airport Commission of 10/13; City Council of 9/4 and 9/17; Community Development
Advisory Commission of 9/20; Five Flags Commission of 9/17; Housing Code Appeal
Board of 8/21 and 9/18; Human Rights of 8/13; Library Board of 7/26; Long Range
Planning Advisory Commission of 8/15; Mechanical Board of 9/12
Printed Council Proceedings for July, 2001; Proof of Publication of City Council
Proceedings of 8/28
Finance Director submitting the Financial Reports for the month ending August 31,2001
Suggested Disposition: Receive and File; Approve as Printed
Airport Council of 9 C~ Council of 9 :[7 Comm Dev Adv Five Flags Hsg Code of 8 2~.
Corem
Hsg Code of 9 18 Human Rights Library Long Range Planning Mechanical Bd
.~uly Proceedings
Notice of Claims/Suits
Mark Heacock in estimated amount of $129.96 for property damage; Bev Hodgson in
undetermined amount for vehicle damage; Morse Electric, Inc., in amount of $18,900 for
labor and materials used for renovation of the Bunker Hill Ciubhouse
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Karen A. Healy for personal injury
Suggested Disposition: Receive and File; Concur
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Oaims - ~CAP
Citizen Communications
Communication of James R. Myers regarding the electrical system at Miller-Riverview
Park.
Request of Frank J. Fincel that a portion of his property which was involuntarily annexed
to the City of Dubuque in 1979 be detached from the City.
Suggested Disposition: Receive and File; Refer to City Manager
Myers Lb' Fincel Ltr Fincel Maps
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Wilbricht Lane Storm Sewer - Acceptance
City Manager recommending acceptance of the Wilbricht Lane Storm Sewer
Reconstruction Project in the final contract amount of $21,489.80.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $21,489.80
Suggested Disposition: Receive and File; Adopt Resolutions
Wilbricht - MVM Wilbricht - Staff Wilbdcht -
Memo Memo Resolutions
Manson Road - Acceptance of Warranty Deeds
City Manager recommending acceptance of a warranty deed for a right-of-way purchase
on Manson Road.
RESOLUTION Accepting a conveyance of property - a part of Lot 2-1-1~1-1-1-2-1-4 of
Mineral Lot 501 in the City of Dubuque, Iowa - on Hanson Road to the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Hanson Rd - MVM Hanson Rd - Staff Hanson Rd Manson Rd - Plat
Memo Memo Resolution
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Tanzanite Drive - Acceptance of Deeds
City Manager recommending acceptance of warranty deeds for a right-of-way purchase
on Tanzanite Drive.
RESOLUTION Accepting a conveyance of property (Lot A of Lot 1 of Lot 2 of Lot 27
Section 2, T89N, R2D, 5th P.M., Dubuque County, Iowa) to the City of Dubuque for '
Tanzanite Drive Extension
RESOLUTION Acceptin~ha conveyance of property (Lot A of Lot 2 of Lot 2 of Lot 27,
Section 2, T89N, R2E, 5 P.M., Dubuque County owa) to the City of Dubuque for
Tanzanite Dr ye Extens on
Suggested Disposition: Receive and File; Adopt Resolution
Woodward Place - Plat of Survey
City Manager recommending approval of the plat of survey of Woodward Place to
expand an off-street parking lot for use by Woodward Communication, Inc. e~ployees
and the Dubuque Museum of Art at the northeast corner of Bluff Street and 7 Street.
RESOLUTION Approving the plat of survey of Woodward Place in the City of Dubuque,
iowa
Suggested Disposition: Receive and File; Adopt Resolution
Woodward - ~4VH Woodward - Staff Woodward Woodward
Memo Memo Resolution Application
America's River Project - Boating Infrastructure Grant
City Manager recommending approval of a grant application to the Iowa Department of
Natural Resources (IDNR) for Federal Boating Infrastructure Funds for dredging and
construction of transient boat docks in the Ice Harbor and construction of a riverfront
boat pier as part of the America's River project.
RESOLUTION Authorizing a grant application to the Iowa Department of Natural
Resources for Federal Boating Infrastructure Funds for the America's River Project
Suggested Disposition: Receive and File; Adopt Resolution
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Boat Grant ~ MVM Boat Grant - Staff Boat Grant Boat Grant - Text
Memo Resolution
Attachment B Attachment C Attachment D Attachment E Attachment F
Heritage Trail Extension - Grant Application
City Manager recommending approval of a grant application to the Iowa Department of
Transportation (IDOT) for Statewide Transportation Enhancement Funds for the
extension of Heritage Trail from Heron Pond to the Dubuque Jaycees Trail.
RESOLUTION Authorizing a grant application for Iowa Department of Transportation for
Statewide Transportation Enhancement Funds for the extension of Heritage Trail from
the Heron Pond Wetlands Nature Trail to the Dubuque Jaycees Trail
Suggested Disposition: Receive and File; Adopt Resolution
Trail - MVM Memo Trail - Staff Memo Trail - Resolution Trail Map Trail Costs Trail - Map
Riprow Valley Project - Federal Recreational Trail Grant
City Manager recommending approval of the submission of a grant application to the
Iowa Department of Transportation for Federal Recreational Trail Funds for the
acquisition of land for a trailhead for the Heritage Trail Extension in the Riprow Valley
Recreation Area.
RESOLUTION Authorizing a grant application for Iowa Department of Transportation
Federal Recreational Trails Funds for acquisition of property in the Riprow Valley
Suggested Disposition: Receive and File; Adopt Resolution
Riplmw - MVM Mem¢ Riprow - Staff Memo PJprow - Resolution Riprow Map
Phase I Highway 20 Landscaping Project- Acceptance
City Manager recommending acceptance of the Phase I Highway 20 Landscaping
Project in the final contract amount of $445,959.67
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $445,959.67
Suggested Disposition: Receive and File; Adopt Resolutions
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Hwo 20 - MVM Mem( Hwy 20 - Staff Memo Hwy 20 - Resolution Hwy 20 - Resolution
#1 #2
Dubuque Industrial Center West Landscaping Project - Acceptance
City Manager recommending acceptance of the Dubuque Industrial Center West
Landscaping Project in the final contract amount of $105,605.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $105,605
Suggested Disposition: Receive and File; Adopt Resolutions
Industrial Cb' - MVM Ind Ctr- Staff Memo Ind Ctr- Resolution Ind Ctr- Resolution
Memo #1 #2
13. Sale of Land Along Rhomberg Avenue
City Manager recommending approval of the proposal to sell City-owned property in the
2700 block of Rhomberg Avenue to the adjoining property owners,
Suggested Disposition: Receive and File; Approve
Rhomberg - MVM Rhomberg - Staff Rhomberg Map
Memo Memo
Depot Restoration Project
City Manager recommending that the City support the Dubuque County Historical
Society's grant application to the State Historical Society of Iowa for the depot
restoration project.
Suggested Disposition: Receive and File; Approve
Depot - MVM Memo Depot - Application
15.
Human Rights Commission - Application for HUD Contract Funds
City Manager recommending approval of the Human Rights Commission application to
the U.S. Department of Housing and Urban Development (HUD) for contract funds for
various Proposed projects,
Suggested Disposition: Receive and File; Approve
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HUD - MVM Memo HUD - Staff Memo
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United Rentals Site - Restrictive Covenant
Corporation Counsel recommending execution of a Declaration of Restrictive
Covenants on behalf of the City for the United Rentals property located at 301 Iowa
Street.
Suggested Disposition: Receive and File; Approve
United Rental I BAL United Rental
Ltr Covenant
Manson Road Bridge Reconstruction Project
Corporation Counsel recommending that the City issue a check to the Dubuque County
Sheriff in the amount of $4,650 to complete the acquisition of property for the Manson
Road Bridge Reconstruction Project.
Suggested Disposition: Receive and File; Approve
Sutton - BAL Ltr
18.
Supplement No. 51 to the Code of Ordinances
City Manager recommending adoption of Supplement No. 51 to the City of Dubuque
Code of Ordinances.
RESOLUTION Adopting Supplement No. 51 to the Code of Ordinances of the City of
Dubuque.
Suggested Disposition: Receive and File; Adopt Resolution
c_ode - MVM Memo Code - Staff Memo Code - Resolution
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State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the City has
received a Certified Local Government (CLG) grant in the amount of $10,000 to fund the
City's Design Review Training Program.
Suggested Disposition: Receive and File
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State Historical
Society
Grand Opera House Accessible Restroom Project
City Manager recommending authorization of the publication of combined notice of no
significant impact on the environment and notice of intent to request release of funds for
the Grand Opera House Accessible Restroom project
RESOLUTION Authorizing publication of the Combined Notice of No Significant Impact
on the Environment and Notice of Intent to Request Release of Funds for the Grand
Opera House Accessible Restroom project
Suggested Disposition: Receive and File; Adopt Resolution
Grand - MVM Memo Grand - Staff Memo Grand - Resolution Grand - Exhibit A
Physical Infrastructure Assistance Program
City Manager recommending execution of a Physical Infrastructure Assistance Program
(PIAP) loan agreement to support the City's Kerper Boulevard Industrial Park Project.
RESOLUTION Authorizing execution of a Physical Infrastructure Assistance Program
(PIAP) loan agreement for One Million One Hundred Eighty-Four Thousand Dollars
($1,184,000) with the Iowa Department of Economic Development
Suggested Disposition: Receive and File; Adopt Resolution
PIAP - MVM Memo PIAP - Staff Memo PIAP - Resolution PIAP Agreeement
FTA Recognition
City Manager advising that Transit Manager Mark Munson and Keyline staff received a
Certificate of Appreciation from the Region VII Federal Transit Administration in
recognition for innovative approaches to addressing public transportation services in
Dubuque and East Dubuque.
Suggested Disposition: Receive and File
FTA - MVM Memo FTA Certificate
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Liquor License Transfer
Transfer of The Busted Lift liquor license to Louis Murphy Park for a special event on
October 13, 2001.
Suggested Disposition: Approve Transfer
Business Licenses
RESOLUTION Granting issuance of a Class "B" Beer Permit to Happy Joes Ice
Cream/Pizza; and Class "C" Beer Permit to Ron's Discount Smokes & Beverage and
Eagle Food Center #018, #130 and #320
RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Fat Tuesday
and Knickers Saloon (1 Day Outdoor Sales); and Class "B" Wine Permit to Oky Doky
#2, Eagle Food Center #018, #130, and #320
Suggested Disposition: Adopt Resolutions
Resolution #1 Resolution #2
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 and Pending Litigation (Iowa Code Chapter 21-.5(1)(j)(c)
Jeanne F, Schneider
September 27, 2001
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