11 19 01 Agenda with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, NOVEMBER 19, 2001
6:15 P.M. - DEMONSTRATION OF FIRE DEPARTMENT LA
6:30 P.M. - REGULAR MEETING
LIBRARY AUDITORIUM
ORDER OF ROLL CALL
FOR MEETING OF 11119101
ROBBINS
BUOL
CLINE
DUGGAN
MARKHAM
MICHALSKI
NICHOLSON
INVOCATION
Father Dwayne Thoman, Spiritual Director of Wahlert High School
CONSENT iTEMS (See Pages 9 - 15)
The consent agenda items are considered to be routine and non-controversial and all consent
items will be norm ally 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
Interview for the following Commission:
Community Development Advisory Commission (One unexpired term through 2/15/04 -
Census Tract 3 - Currently vacant)
Applicant: Richard J. Sullivan
Appointment to the following Commission:
Civic Center Commission: (One unexpired term ending 6/29/04 - Term of Sesterhenn)
Applicants: Mark M Nauman, Bryce Parks, Katie Peterson
Bd and Comm List Overview Sheet COAC Application Five Flags Apps
PUBLIC HEARINGS
SUSPEND THE RULES
Plastic Center, Inc. - Conceptual Development Plan (Tabled on October 1, 2001)
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 comer of the Northwest Arterial and Asbury Road from AG Agricultural
District to PUD Planned Unit Development with a PC Planned Commemial, PO Planne~J
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 comer 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: Remove from Table; Receive and File; Motion B; Motion
A
Plastic Ctr- ZAC Lb' Plastic Cb' - Staff Kane Ltr Background Info
Hemo
430 Garfield Avenue - Rezoning Request
Proof of publication on notice of hearing to consider rezoning property located at 430
Garfield Avenue from LI Light Industrial District to CS Commercial Service and
Wholesale District as requested by Robert Klauer and Robert Walser 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 at 430
Garfield Avenue from LI Light Industrial District to CS Commercial Service and
Wholesale District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Garfield - ZAC Ltr Garfield - Application Garfield - Ordinance Garfield - Hap Garfield - Staff
Repor~
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· 800 Rhomberg Avenue - Rezoning Request
Proof of publication on notice of hearing to consider rezoning property located at 800
Rhomberg Avenue from C-1 Neighborhood Commercial and R-2A Alternate Two-Family
Residential Distdct to CS Commercial Service and Wholesale District at the request of
Chades and Joyce Arthofer 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 at 800
Rhomberg Avenue from C-1 Neighborhood Commercial and R-2A Alternate Two-Family
Residential District to CS Commercial Service and Wholesale District
Suggested Disposition: Receive and File; Concur with Denial o_Er Motion B; Motion
A to Approve
800 P, homberg - ZAC Rhomberg - P. homberg - Rhomberg - star? ~,homberg - Map
Ltr Aplication Ordinance Report
Rhomberg - Ltm
Development Moratorium for Proposed Southwest Arterial Corridor
Proof of publication on notice of hearing to consid 9r amending the Zoning Ordinance
and the Subdivision Regulations regarding a development moratorium ~n the proposed
Southwest Arterial Corridor as requested by the Iowa Department of Transportation and
the City of Dubuque and the Zoning Advisory Commission recommending approval of
the amendment.
ORDINANCE Amending Chapter 42 (Subdivision Regu ations) of the City of Dubuque
Code of Ordinances by amending Section 42-16, to establish a moratorium for
subdivision plats in the Southwest Arterial Corridor
ORDINANCE Amending Appendix A (Zoning Ordinance) of the City of Dubuque Code
of Ordinances by amending Section 4-4-.2 regarding site plans, and by amending
Section 6-1-5.5 regarding rezonings, to establish a moratorium for site plan and
rezoning applications in the Southwest Artedal Corridor
Suggested Disposition: Receive and File; Motion B; Motion A
Moratorium - ZAC Lb Moratorium - IDOT Enclosure #1
Ltr
Ordinance #1 Ordinance #2 Moratorium - Staff
Memo
Enclosure #2 Moratorium -
Application
Zoning Ordinance Text Amendment
Proof of publication on notice of hearing to consider amending the 7oning Ordinance to
allow mini-warehouses as a conditional use in the C-3 General Commercial 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 3-3.3(D) for Off-Premise Signs and C-3
General Commercial District Conditional Uses by adding mini-warehousing as a
conditional use
Suggested Disposition: Receive and File; Motion B; Motion A
Amendment - ~ Amendment - Amendment - Staff Amendment -
Ltr Application Memo Ordinance
The Finley Hospital - Request to Vacate
Proof of publication on notice of hearing to consider a request from The Finley Hospital
to vacate an alley west of College Street and City Manager recommending approval.
RESOLUTION Disposing of City interest in Lot 4A of Finley Home Addition in the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Finley - MVM Memo Finley - Staff Memo Finley - Resolution Finley - Maps
Alliant Energy Expansion at the Dubuque Industrial Center West
Proof of publication on notice of hearing to consider disposing of 16.67 acres of real
property by installment contract to Interstate Power Company and City Manager
recommending approval of a Development Agreement with Interstate Power Company
(Alliant Energy).
RESOLUTION Approving a Development Agreement providing for the sale and private
development of proposed Lot 2, Lot 3 and Lot 5 of the Dubuque Industrial Center West
2nd Addition in the City of Dubuque, Iowa, to Interstate Power Company
Suggested Disposition: Receive and File; Adopt Resolution; Approve Agreement
Alliant - MVM Memo ~,lliant - Staff Memo Alliant - Resolution Alliant - Plat Alliant Agreement
Disposal of city Property on Oneida Street
Proof of publication on notice of hearing to consider disposing of City property oh
Oneida Street to Robert J. VanderMuelen and City Manager recommending approval.
RESOLUTION Disposing of City interest in Lot 2-2-1-1-1-3 N ¼ SE ¼ NW ¼ of Section
12, T89N, 5th P.M, Dubuque County, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Oneida - MVM Memc Oneida - Staff Memo Oneida - Resolution Oneida - Map
REINSTATE THE RULES
ACTION ITEMS
Penalties for Tobacco Permit Holders
Consideration of assessing civil penalties to five businesses for underage tobacco sales
and one conviction of selling cigarettes when the tobacco license had expired.
Suggested Disposition: Receive and File; Assess Penalties
Penalties - MVH Penalties - Staff Ltr
Memo
Ward and Precinct Ordinance Modifications
City Manager recommending approval of minor modifications to the City's ward and
precinct plan ordinance and map as suggested by Sandy Steinbach, Secretary of State
- Elections Division, after review of the City's reprecincting plans.
ORDINANCE Amending the City of Dubuque, Iowa Code of Ordinances by repealing
Chapter 17, Elections and adopting in lieu thereof a new Chapter 17, Elections,
establishing boundaries for four (4) wards and [wenty-one (21) precincts.
Suggested Disposition: Receive and File; Motion B; Motion A
Wards - MVM Memo Wards - Staff Memo Wards - Map Wards - Ordinance
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ARTCO Barge Fleeting Request
City Manager requesting authorization from the City Council to negotiate a short-term
lease with Artco Fleeting for frontage space at the former Sinclair dock at the southerly
end of Terminal Street for storage of up to six barges.
Suggested Disposition: Receive and File; Approve
ARTCO - MViVl Memo ARTCO - Staff Memo ARTCO Ltr ARTCO Drawings ARTCO Pictures
Severance (De-Annexation) Request of Frank Fincel
City Manager recommending approval of the request of Frank Fincel to have his
property severed (de-annexed) from the City limits.
RESOLUTION Approving severance of certain territory from the City of Dubuque
Suggested DiSposition: Receive and File; Adopt Resolution
Fnicel - MVM Memo FJncel - Staff Memo Fincel - Staff Report Fincel - Resolution Fincel - Map
Fincel Request Ltr
Meter Ordinance - 7th Street
City Manager recommending approval of a change to the Code of Ordinances to create
a no parking area on the south side of Seventh Street between Locust and Bluff Streets
and establishes the portion along the east side of the 700 block of Bluff Street as part of
the meter district.
ORDINANCE Amending Section 32-262(d) of the City of Dubuque Code of Ordinances,
prohibiting parking on designated streets or portions thereof by adding portions of
Seventh Street
Suggested Disposition: Receive and File; Motion B; Motion A
Meters - MVM Memo Meters - Staff Memo Meters - Ordinance
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Rivers Edge Plaza - Iowa Ready Mixed Concrete Association Award
Press release from the Iowa Ready Mixed Concrete Association awarding the Rivers
Edge Plaza, Port of Dubuque, Iowa with the 2001 Excellence in Concrete Awaro.
Suggested Disposition: Receive and File
Rivers Edge
Rivers Edge Plaza - APA Award
City Manager advising that the Iowa Chapter of the American Planning Association
(APA) named the City of Dubuque as the recipient of the annual "Excellence in Planning
Project Award" for the America's River project.
Suggested Disposition: Receive and File
APA Award - MVM
Commercial/Industrial Rehabilitation Loan
City Manager recommending approval of a Commercial/industrial Rehabilitation Loan to
Cooper Development in an amount not to exceed $100,000 for work to be done at the
Cooper Wagon Works project.
RESOLUTION Approving a Community Development Block Grant Commercial/
Industrial Building Rehabilitation Loan of up to One Hundred Thousand Dollars
($100;000) for property located at 299 Main Street and authorizing a Letter of
Commitment
Suggested Disposition: Receive and File; Adopt Resolution
Cooper Loan - MVN Cooper Loan - Staff Cooper - Resolution Commitment Lb' Cooper Ltr
Memo ~4em0
Bond Sale to Support America's River Project Components
City Manager recommending the advertisement for sale of $12,360,000 General
Obligation Bonds and setting the date of sale for December 3, 2001
RESOLUTION Directing the advertisement for sale of $9,500,000 General Obligation
Bonds, Series 2001
RESOLUTION Directing the advertisement for sale of $2,860,000 General Obligation
Bonds, Sedes 2002
Suggested Disposition: Receive and File; Adopt Resolutions
Bond Sale - MVM Bond Sale - Staff Resolu'don #1 Resolution #2
Memo Memo
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
Main Street Reconstruction, 5th to 9th Streets - Initiate
City Manager recommending initiation of the bidding process for the Main Street
Reconstruction from 5th to 9th Project and setting a public hearing for December 17,
2001.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION of Necessity
RESOLUTION Fixing date of hearing o~ Resolution of Necessity
RESOLUTION Approving preliminary schedule of assessments
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
12/17/01
Main Street - MVM Main St - Staff Memc
Memo
Main St - Resolutions Main St Assessments "Main St Drawing
Congress Circle - Request to Vacate
City Manager recommending that a public hearing be set for December 3, 2001 to
consider a request to vacate Congress Circle.
RESOLUTION Approving plat of proposed vacated Congress Circle
ORDINANCE Vacating Congress Circle
RESOLUTION of Intent to dispose of City interest in Lot 2A of Westview Shopping
Center Place No. 2, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion
A; Public Hearing 12/3/01
Congress - I~VM Congress - Staff Resolution #1 Congress - Resolution #2 Congress - Plat
Memo Hemo Ordinance
Yiannias Ltr Offer to Purchase Kalb Offer
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CONSENTITEMS
Minutes Submitted
City Council of 11/5; Civil Service Commission of 10/2 and 10/16; Electrical Code Board
of 9/25; Historic Preservation Commission of 10/9; Human Rights Commission of 10/8;
Park and Recreation Commission of 10/9; Transit Board of 10/11; Zoning Advisory
Commission of 11/7; Zoning Board of Adjustment of 10/25
Proof of publication of City Council Proceed ngs of 10/15; Proof of publication of List of
Claims and Summary of Revenues for month ending September 30, 2001
Finance Director submitting the Financial P, eports for the month ending October 31,
2001
Suggested Disposition: Receive and File
City Council of 11/5 Civil Service of 10 02 Civil Service of 10 16 Electrical Bd
HPC Human Rights Park and Rec Transit Zoning Advisory Zoning Bd of Adj
Notice of Claims/Suits
Virginia A. Bird in estimated amount of $107.43 for vehicle damage; Dale J. Ehlers m
estimated amount of $1,513.16 plus rental reimbursement for vehicle damage; Hank's
Specialties in estimated amount of $2,724.68 for vehicle damage; Timothy Klinkhammer in
undetermined amount for vehicle damage; Theressa Northouse in estimated amount of
$84.80 for property damage; Susan and Ronald Tigges in estimated amount of $1,288 plus
car rental for vehicle damage
Appeal of William Kelly v. the City of Dubuque, Iowa and Civil Service Commission of the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
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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: Dale J. Ehlers
for vehicle damage; Candace and Elizabeth Fuerst for vehicle damage and personal injury;
Timothy Klinkhammer for vehicle damage; State Farm Insurance for vehicle damage; and
Ronald and Susan Tigges for vehicle damage;
Corporation Counsel recommending denial of the claim Of Matt Bay for vehicle damage.
Corporation Counsel recommending that the claims of Corey Lorenz for vehicle damage
and Gene Chapman for property damage be settled and that the Finance Director be
directed to issue payment.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Check
Claims - ICAP Claims - Denied Claims -Approved
Substance Abuse Services Center
Communication from Diane K. Thomas, Substance Abuse Services Center. requesting
financial support for Fiscal Year 2002.
Suggested Disposition: Receive and File; Refer to City Manager
SASC Request
Parking Lot Project at Third and Main
City Manager recommending that Resolution No. 469-01 - Accepting Improvement and
Resolution No. 470-01 - Final Estimate for the Parking Lot Project at Third and Main De
rescinded as the project had previously been accepted on May 21 2001.
RESOLUTION Rescinding Resolution s 469-01 and 470-01
Suggested Disposition: Receive and File; Adopt Resolution
Parking Lot - MVM
Memo
Parking Lot - Staff
Memo
Parking Lot
Resolution
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Five Flags Theater Renovation Project - Acceptance
City Manager recommending acceptance of the Five Flags Theater Renovation Project
in the final contract amount of $750,283.36.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $750,283.36
Suggested Disposition: Receive and File; Adopt Resolutions
Five Flags - PIVH Five Flags - Staff Five Flags - Five Flags -
Memo Memo Resolution #~. Resolution #2
Bunker Hill Building'Renovation Project - Acceptance
City Manager recommending acceptance of the Bunker Hill Building Renovation Project
in the final contract amount of $378,787.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $378,787
Suggested Disposition: Receive and File; Adopt Resolutions
Bunker Hill - HV~'I Bunker Hill - Staff Bunker Hill - Bunker Hill -
lVjemo Memo Resolution #~ Resolution #2
Amendment of Legal Description for Previously Annexed City Property
City Manager recommending approval of a revised legal description for property
annexed to the City of Dubuque, Iowa.
RESOLUTION Amending Resolut on No. 481A-98 by approving a revised legal
description for certain property annexed to the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Amending Legal ~ Amending Legal - Exhibit A
Staff Memo Resolution
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10.
Megan-Nicole Valley Subdivision - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Megan-Nicole
Valley Subdivision at the end of Miller Road in the City of Dubuque and Dubuque
County as requested 'by Richard and Tom Henschel.
RESOLUTION Approving the final plat of Megan-Nicole Valley Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Henschel - ZAC Lb' Henschel ApplicaUon
Henschel - Staff
Memo
Henschel -
Resolution
Plat of Survey of Westview Shopping Center Place No. 2
Zoning Advisory Commission recommending approval of the Plat of Survey of Westview
Shopping Center Place No. 2 located at John F. Kennedy Road and Congress Circle as
requested by Nick Yiannias.
RESOLUTION Approving the plat of survey of Westview Shopping Center Place No. 2
Suggested Disposition: Receive and File; Adopt Resolution
Westview - ZAC Lb' Westview Application Wes[view - Staff Westview -
Memo ResoluUon
Fiscal Year 2002 Annual Action Plan
City Manager recommending approval of a second amendment to the City's Fiscal Year
2002 Community Development Block Grant (CDBG) Annual Plan.
RESOLUTION Approving Amendment 2 to the Fiscal Year 2002 (Program Year
2001) Annual Action Plan for Community Development Block Grant Funds
Suggested Disposition: Receive and File; Adopt Resolution
Annual Plan - MVM Action Plan - Staff Action Plan - Exhibit A
Memo Memo Resolution
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Federal Aid Surface Transportation Project - University Avenue from Spruce to
Delhi
City Manager recommending approval of a Project Agreement with the Iowa
Department of Transportation for Federal-Aid Surface Transportation Program funds
relating to the construction of University Avenue from Delhi to Spruce.
RESOLUTION Approving the Project Agreement with the Iowa Department of
Transportation for Federal Aid Surface Transportation Program (STP) Project 6-01~
STPU-13 with the Iowa Department of Transportation relating to the construction of
University Avenue from Delhi to Spruce
Suggested Disposition: Receive and File: Adopt Resolution
STP - MVM Memo STP - Staff Memo STP - Resolution IDOT Ltr IDOT Agreement
12.
Retaining Wall Adjacent to Third Street Overpass
City Manager recommending approval of an amendment to the contract between the
City and Allen and Urbain. Associates for construction of a proposed retaining wall and
sidewalk adjacent to the Third Street Overpass,
RESOLUTION Approving an amendment to the contract between the City of Dubuque
and Allen and Urbain Associates for the City owned improvements for the building on
Third and Main Streets
Suggested Disposition: Receive and File; Adopt Resolution
Wall - MVM Memo Wail - Staff Memo
Wall - Resolution
Wall - Amendment
i3.
Water Plant Securit{j
City Manager recommending approval for the installation of a closed circuit monitoring
system at the Water Plant for improved security at the facility.
Suggested Disposition: Receive and File; Approve
Water Pit - MVM Water Plant - Staff
Memo Memo
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14.
15.
Project Concern Paratransit Contract for Fiscal Year 2002
City Manager recommending approval of the Project Concern Paratransit Contract for
Fiscal Year 2002.
Suggested Disposition: Receive and File; Approve Contract
Project Concern - Project Concern - Project Concern
MVM Memo Staff Hemo Contract
U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development (HUD)
regarding the City's Consolidated End-of-Year Review for Program Year 2000.
Suggested Disposition: Receive and File
HUD Ltr
16.
Appeal of FCC's Pasadena Franchise Fee Decision
City Manager recommending that the City participate with a coalition of cities, the
National League of Cities and NATOA in a court appeal of the FCC's Pasadena
franchise fee decision.
Suggested Disposition: Receive and File; Approve
Appeal - MVM Memo Appeal - Staff Memo
17.
Business License Refund
Ronald J. Meloy, Oky Doky #15, requesting a refund of his cigarette license in the
amount of $50.00.
Suggested Disposition: Receive and File; Approve Refund
Refund Reque~-~
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18.
Business Licenses
RESOLUTION Granting issuance of a Class "C" Beer Permit to Tobacco Outlet Plus,
Kwik Stop Food Mart at 1685 JFK Road, Kwik Stop Food Mart at 2297 University
Avenue, Kwik Stop Food Mart at 4039 Pennsylvania, and [OCO Speede Shoppe #93
RESOLUTION Granting issuance of a Class "C" (Commercial) Beer/Liquor License to
Jorja's Restaurant and Lounge, Ground Round, Instant Replay, Aragon Tap, and
Mario's Italian Restaurant
Resolu'don #~_ Resolution #2
Suggested Disposition: Adopt Resolutions
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 cleady. 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
November 15, 2001
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