6 18 01 City Council Agenda no IconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, JUNE 18, 2001
6:30 P.M.
LIBRARY AUDITORIUM
INVOCATION
Reverend Andrew Eagan, Pastor, St. Thomas of Canterbury Anglican Church
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
Interviews for the following Boards/Commissions:
Environmental Stewardship Advisory Commission (Youth representative term which
will expire June 1, 2002 -Term of Brianna Tully):
Applicant: Brianna Tully
Historic Preservation Commission (Two 3-Year Terms which will expire on July 1, 2004
-Terms of Bradford and Guinn):
Applicants: Pamela Bradford (West 11th Street) and Suzanne M. Guinn (Jackson Park)
Investment Oversight Advisory Commission (Two 3-year terms which will expire on July
1, 2004 -Terms of Reisdorf and Ruden):
Applicants: Stephen Reisdorf and Gary L. Ruden
Library Board of Trustees (Five 4-year terms which will expire on July 1, 2005 -Terms
of Augspurger, Vandermillen, Strom, Felderman, Smith)
Applicants: J. L. Felderman, Clyde Overturff, Lori Regan, Michael Shubatt, Kristen Smith,
Mary L. Strom, Thomas A. Tully
Park and Recreation Commission (Three 3-year terms which will expire June 30, 2004 -
Terms of Lyness, Sullivan, Hoffmann)
Applicants: Danita L. Galdick, Gary L. Harjehausen, Paul E. Hoffmann, Karen C. Lyness
Zoning Advisory Commission (Two 3-year terms which will expire July 1, 2004 -Terms
of Bird and Stiles)
Applicants: Eugene Bird, Ben Roush, Jeff Stiles
Appointments to the following Boards/Commissions:
Civic Center Commission (Three 3-year terms which expire 6/29/04 -Terms of Bakke,
Brannon, Sesterhenn):
Applicants: Rod Bakke, Michael P. Bannon, Mark M. Nauman, Steve Sesterhenn
PUBLIC HEARINGS
SUSPEND THE RULES
1. Wayne and Lynn Stewart - 8000 Old Highway Road -Rezoning Request
Proof of publication on notice of hearing to consider rezoning property located at 8000
Old Highway Road from County R-1 Single-Family Residential District to City R-1
Single-Family Residential District (in conjunction with annexation)
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 8000 Old
Highway Road from County R-1 Single-Family Residential District to City R-1 Single-
Family Residential District concurrent with annexation
Suggested Disposition: Receive and File; Motion B; Motion A
2. Allen & Urbain Architects/Hills & Dales Development Center -Rezoning Request
Proof of publication on notice of hearing to consider rezoning property located at 1011
Davis Street from R-1 Single-Family Residential District to OR Office Residential
District.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1011
Davis Street from R-1 Single-Family Residential District to OR Office High Density
Multi-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
3. Jim Hansen -1840 Radford Road -Rezoning Request
Proof of publication on notice of hearing to consider rezoning property located at 1840
Radford Road from C-3 General Commercial District to CS Commercial Service and
Wholesale District.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1840
Radford Road from C-3 General Commercial District to CS Commercial Service and
Wholesale District with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
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4. Star Development LLC -End of Raven Oaks Drive -PUD Amendment
Proof of publication on notice of hearing to consider amending an existing PUD
Planned Unit Development with a PR Planned Residential District designation to allow a
62 unit senior apartment building on property located at the end of Raven Oaks Drive.
ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances by amending the conceptual development plan for Raven Oaks
Senior Apartments located at the end of Raven Oaks Drive and currently zoned PUD
Planned Unit Development District with a PR Planned Residential Designation.
Suggested Disposition: Receive and File; Motion B; Motion A
5. Text Amendment -City of Dubuque
Proof of publication on notice of hearing to consider a text amendment as requested by
the City of Dubuque to allow the keeping of horses as an accessory use.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the Code of Ordinances
City of Dubuque, Iowa by amending Section 3-1.1(D) Conditional Uses to the R-1
Single-Family Residential District to allow the keeping of horses or ponies as a
conditional use and amending Section 8 Definitions by adding definitions for horse and
pony
Suggested Disposition: Receive and File; Motion B; Motion A
6. Flora and Sutton Pools Water Playground -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 Flora and Sutton Pools Water Playgrounds to Portzen Construction in the
amount of $725,021.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Portzen Contract
Suggested Disposition: Receive and File; Adopt Resolutions
7. Traffic Signai Efficiency Program -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
to Brown Traffic Products, Inc., in the amount of $239,786.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Brown Traffic Products, Inc.
Suggested Disposition: Receive and'File; Adopt Resolutions
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REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
ACTION ITEMS
1. Toughman Contests -Five Flags
City Manager submitting a communication from Leisure Services Manager Gil Spence
which provides background information on Toughman Contests at the Five Flags
Center.
Lydia Robertson, Market Coordinator for AdoreAble Promotions, Inc., submitting
additional information and references.
Suggested Disposition: Receive and File; Council
NOTE: Reference letters and pamphlets are included as hard copy.
2. Greater Dubuque Development Corporation
Communication from Rick Dickinson, Executive Director of the Greater Dubuque
Development Corporation, regarding appointments to GDDC's Board of Directors.
Current Board members are Mayor Terry Duggan, Council Members Dan Nicholson
and Patricia Cline, and City Manager Michael Van Milligen.
Suggested Disposition: Receive and File; Council Appointments
3. Pinto Ridge Subdivision -Preliminary Plat
Zoning Advisory Commission advising of their approval of the preliminary plat of Pinto
Ridge Subdivision in Dubuque County.
RESOLUTION Approving the preliminary plat of Pinto Ridge Subdivision in Dubuque
County
Suggested Disposition: Receive and File; Adopt Resolution
4. Amendment to Demolition Districts
City Manager recommending an amendment to the Code of Ordinances regarding
Demolition Districts to provide standards for Historic Preservation Commission and
Council to use when evaluating a demolition request in a demolition district.
ORDINANCE Amending Section 11-4 of the City of Dubuque Code of Ordinances
regarding demolition permits in demolition districts
Suggested Disposition: Receive and File; Motion B; Motion A
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5. 2763 Balke Street -Construction Ordinance
City Manager recommending approval of a request from Mrs. Marcella M. Travis to
install a retaining wall in City right-of-way at 2763 Bakke Street.
ORDINANCE Authorizing Marcella M. Travis to construct an approximate 3'/z foot
retaining wall seven feet from back-of-curb at 2763 Balke Street, Dubuque, Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
6. Hartig Drug Company - 2225 Central Avenue -Construction Ordinance
City Manager recommending approval of a request from Hartig Drug Company, 2225
Central, to install a canopy within the City right-of-way.
ORDINANCE Authorizing Hartig Realty IV, L.C. to install a canopy at 2225 Central
Avenue, Dubuque, Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
7. 2570 Green Street -Construction Ordinance
City Manager recommending approval of a request from Judith Bakey-Rahe to place a
retaining wall within City right-of-way at 2570 Green Street.
ORDINANCE Authorizing Judith Bakey-Rahe to construct athree-foot retaining wall at
2570 Green Street, Dubuque, Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
8. Establishment of Bus Parking on Third Street -Iowa Welcome Center
City Manager recommending establishment of a bus parking area on Third Street for
the Iowa Welcome Center.
ORDINANCE Amending the City of Dubuque Code of Ordinances by repealing Section
32-265 and enacting a new Section 32-265
Suggested Disposition: Receive and File; Motion B; Motion A
9. Municipal Parking Lot #1 -Residential Permit Parking for Iowa Inn Development
City Manager recommending establishment of a residential permit parking area in
Municipal Parking Lot #1, located at Ninth and Iowa Streets, for the Iowa Inn
Development Project.
ORDINANCE Amending the City of Dubuque Code of Ordinances Section 32-339
Establishing Residential Permit Parking in Municipal Lot #1
Suggested Disposition: Receive and File; Motion B; Motion A
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Dubuque
wing approval of an Agreement for Post-Lease Mutual Option
inc. with respect to the property located on Salina St.
Receive and File; Approve
wing approval of the transfer of the AT&T Broadband (TCI of
P television franchise to MCC Iowa LLC.
of Dubuque consenting to the transfer of an existing cable
tense to MCClowa LLC, an affiliate of Mediacom
Receive and File; Adopt Resolution
Commitment - 378 Main Street
wing approval of a Downtown Rehab Loan Commitment to
cated at 378 Main Street.
g a letter of commitment and additional actions concerning a
roan to Clark Wolff for property at 378 Main Street
Receive and File; Adopt Resolution
aasin
Wing establishment of the Fair Market Value for the acquisition
e of constructing a storm water detention facility.
Tng Fair Market Value for the acquisition of certain real property
Development Company in the City of Dubuque, Iowa
Receive and File; Adopt Resolution
OUNCIL MEMBER REPORTS
aT0 BE SET FOR PUBLIC HEARING
cation Program No. 2 -Initiate
sing initiation of the bidding process for the CDBG Curb Ramp
mod that a public hearing be set for July 16, 2001.
v approval of plans and specifications
of hearing on plans and specifications for July 16, 2001
crds
Receive and File; Adopt Resolutions; Public Hearing
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2. Voluntary Annexation - W.C. Stewart
City Manager recommending that a public hearing be set for July 2, 2001 to consider
the voluntary annexation request of W.C. Stewart for property located at 8000 Old
Highway Road.
RESOLUTION Annexing certain property to the City of Dubuque, Iowa, concurrent with
reioning from County R-1 Rural Residential to City R-1 Single-Family residential District
Zoning District
Suggested Disposition: Receive and File; Adopt Resolution
3. Vacating of Eighth Street
City Manager recommending that a public hearing be set for July 2 to consider the
vacating of Eighth Street between Central Avenue and Iowa Street at the request of
Dubuque County for expansion of the Dubuque Law Enforcement Center.
RESOLUTION Approving plat of proposed vacated Eighth Street between Central
Avenue and Iowa Street
ORDINANCE Vacating Eighth Street between Central Avenue and Iowa Street
RESOLUTION of Intent to dispose of City interest in Lot 1 A Block 1, Dubuque
Downtown Plaza, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A
Public Hearing 7/2/01
CONSENT ITEMS
1. Minutes Submitted
Airport Commission of 6/7; Civil Service of 5/11; Housing Commission of 5/1; Library
Board of 4/25; Zoning Board of Adjustment of 5/24
Proof of publication of List of Claims and Summary of Revenues for month ending April
30, 2001; Proof of publication of Council Proceedings of May 7 and May 21, 2001
Finance Director Kenneth J. TeKippe submitting the Financial Reports for the month
ending May 31, 2001.
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Roger F. Hanselmann in estimated amount of $9,900 plus tax for property damage;
Delmer Scales in estimated amount of $150 - $200 for property damage
Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation
and 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:
Roger Hanselmann for property damage; Scott Lovett for vehicle damage; Donald and
Linda Root for property damage.
Corporation Counsel recommending settlement of the claim of Jonathan Denham for
moped towing in the amount of $39.75 and the claim of Chad Weydert for vehicle
damage in the amount of $252.63, and that the Finance Director be directed to issue
payment.
Corporation Counsel recommending denial of the claims of Bill Miller for property
damage and David Ludovissy for property damage.
Corporation Counsel recommending that the claim of Kathy Kahle be administratively
closed and forwarded to Horsfield Construction.
Suggested Disposition: Receive and File; Concur
3. Citizen Communications
Communication of Herb Van Zile regarding the new Dubuque/East Dubuque bridge.
Communication of Dennis Schmitt, Dubuque Community Church, requesting that the
Key Stone stub street at the intersection of Key Way and Key Stone be vacated.
Suggested Disposition: Receive and File; Refer to City Manager
4. Bressler Outdoor Advertising
Communication from Jennifer Sloane, General Counsel for Bressler Outdoor
Advertising, LLC, regarding the denial of their request for an off-premise sign permit for
property located at 44 Main Street.
Communication of Assistant City Attorney James A. O'Brien to Jennifer Sloane,
General Counsel for Bressler Outdoor Advertising, regarding their request for an off-
premise sign permit for 44 Main Street and the appropriate appeal process.
Suggested Disposition: Receive and File; Refer to Legal Department
5. Civil Service Commission
Civil Service Commission submitting the certified list for the positions of Assistant Fire
Marshal and Clerk Typist.
Suggested Disposition: Receive and File; Make a Matter of Record
6. Collective Bargaining Agreement between the City of Dubuque and the
Teamster's Union, Local #421
City Manager recommending approval of the Collective Bargaining Agreement between
the City of Dubuque and the Teamster's Union, Local #421.
RESOLUTION Approving the agreement between the City of Dubuque and the
Teamster's Union, Local #421 and authorizing the Mayor to sign the agreement
Suggested Disposition: Receive and File; Adopt Resolution
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7. Project Concern Minibus Contract
City Manager recommending an increase in the Fiscal Year 2001 Purchase of Service
Agreement with Project Concern for minibus service from $195,000 to $213,000.
Suggested Disposition: Receive and File; Approve
8. Ctty Manager Employment Agreement
Submittal of the Tenth Amendment to the City Manager's Employment Agreement
for approval.
Suggested Disposition: Receive and File; Approve
9. Dubuque Thunderbirds Rental Agreement
City Manager recommending approval of a rental agreement between the Five Flags
Center and Dubuque Hockey, Inc. (Dubuque Thunderbirds) for the use of the Five
Flags Center for the 2001 - 2002 hockey season.
Suggested Disposition: Receive and File; Approve
10. National Scenic Byway Program
City Manager recommending that the City Council sponsor the Dubuque County
Historical Society's National Scenic Byway Program grant application for creation of a
Great River Road Interpretive Center at the Mississippi River Discovery Center.
RESOLUTION Sponsoring a National Scenic Byways Grant Application
Suggested Disposition: Receive and Flle; Adopt Resolution
11. Glendale Addition No. 3 -Plat of Survey
Zoning Advisory Commission advising of their approval of the Plat of Surrey for
Glendale Addition No. 3 as requested by Randall Klauer.
RESOLUTION Approving the Plat of Survey of Lots 1 through 3 of Glendale Addition
No. 3
Suggested Disposition: Receive and File; Adopt Resolution
12. Heritage Trail Extension -Recreational Trails Grant Application
City Manager recommending approval of a Recreational Trails Grant Application to the
Iowa Department of Transportation for extension of the Heritage Trail from the Heron
Pond Wetlands Nature Trait to the Dubuque Jaycees Trail.
RESOLUTION Authorizing a grant application for Iowa Department of Transportation
Recreational Trails Funds for the Heritage Trail extension from the Heron Pond
Wetlands Nature Trail to the Dubuque Jaycees Trail
Suggested Disposition: Receive and File; Adopt Resolution
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13. Design Guidelines Manual Consultant Selection
City Manager recommending approval of the Durrant Group as the consultant selection
for the Historic District Design Guidelines.
RESOLUTION Awarding a contract for Historic District Design Guidelines
Suggested Disposition: Receive and File; Adopt Resolution
14. John F. Kennedy Road -Acceptance of Warranty Deed and Grant of Easement
City Manager recommending acceptance of a Warranty Deed for right-of-way purchase
and a Grant of Easement for Lateral Support on John F. Kennedy Road for the
reconstruction project scheduled for 2001 - 2002.
RESOLUTION Accepting a conveyance of property (Lot 1 and Lot 2 of Aird Place) from
Randal P. and Lisa A. Aird on John F. Kennedy Road to the City of Dubuque
RESOLUTION Accepting a Grant of Easement for Lateral Support from Richard J. and
Marie V. Benson on John F. Kennedy Road to the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions
15. Villa Street Retaining Wall -Acceptance
City Manager recommending acceptance of the Villa Street Retaining Wall Project in
the final contract amount of $116,890.24.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $116,890.24
Suggested Disposition: Receive and File; Adopt Resolutions
16. Fischer Cold Storage Demolition Project -Acceptance
City Manager recommending acceptance of the Fischer Cold Storage Demolition
Project in the final contract amount of $180,725.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount of $180,725
Suggested Disposition: Receive and File; Adopt Resolutions
17. Dubuque Humane Society -Purchase of Services Agreement
City Manager recommending approval of an agreement between the Dubuque Humane
Society and the City of Dubuque for provision of animal shelter services through June
30, 2002.
Suggested Disposition: Receive and File; Approve
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18. Dubuque Area Chamber of Commerce Convention and Visitors Bureau -
Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Area Chamber of Commerce Convention and Visitors Bureau for Fiscal Year
2002 in the amount of $497,875.
Suggested Disposition: Receive and File; Approve Agreement
19. Dubuque Area Labor Management Council -Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Area Labor Management Council for Fiscal Year 2002 in the amount of
$15,768.
Suggested Disposition: Receive and File; Approve Agreement
20. Dubuque Main Street, Ltd. -Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Main Street, Ltd., for Fiscal Year 2002 in the amount of $43,966.
Suggested Disposition: Receive and File; Approve Agreement
21. Project Concern, Inc. -Foster Grandparent Program -Purchase of Service
Agreement
City Manager recommending approval of a Purchase of Service Agreement with Project
Concern, Inc. -Foster Grandparent Program for Fiscal Year 2002 in the amount of
$5,435.
Suggested Disposition: Receive and File; Approve Agreement
22. Greater Dubuque Development Corporation -Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Greater Dubuque Development Corporation for Fiscal Year 2002 in the amount of
$127,500.
Suggested Disposition: Receive and File; Approve Agreement
23. Helping Services of Northeast Iowa -Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Helping Services of Northeast Iowa, Inc., for Fiscal Year 2002 in the amount of $1,964.
Suggested Disposition: Receive and File; Approve Agreement
24. Operation: New View -Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Operation: New View for Fiscal Year 2002 in the amount of $16,708.
Suggested Disposition: Receive and File; Approve Agreement
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25. Retired and Senior Volunteer Program -Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with Retired
and Senior Volunteer Program for Fiscal Year 2002 in the amount of $7,341.
Suggested Disposition: Receive and File; Approve Agreement
26. Substance Abuse Services Center -Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Substance Abuse Services Center for Fiscal Year 2002 in the amount of $12,390.
Suggested Disposition: Receive and File; Approve Agreement
27. Washington Tool Library, Inc. -Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with
Washington Tool Library, Inc., for Fiscal Year 2002 in the amount of $10,500.
Suggested Disposition: Receive and File; Approve Agreement
28. Project Concern, Inc. -Information and Referral and Child Care Referral -
Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with Project
Concern, Inc. -Information and Referral ($23,745) and Child Care Referral ($8,367) for
Fiscal Year 2002.
Suggested Disposition: Receive and File; Approve Agreement
29. Dubuque Jaycees
Request of the Dubuque Jaycees to transfer their liquor licenses to the Iowa Street
Ramp on July 20, 2001 as a rain location for "All That Jazz".
Suggested Disposition: Receive and File; Approve
30. Business License Refund
Jean Ann Althaus, Family Beverage Center, requesting a refund for their beer permit in
the amount of $75.00
Suggested Disposition: Receive and File; Approve Refund
31. Business Licenses
RESOLUTION Granting the issuance of a license to sell Cigarettes and Cigarette
Papers within the City to Casey's General Store at 2699 Rockdale Road and 4003 Peru
Road
RESOLUTION Granting the renewal of twelve licenses to sell Cigarettes and Cigarette
Papers within the City
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RESOLUTION Granting issuance of a Class B Beer Permit to Dubuque Jaycees (3);
and Class C Beer Permit to Kwik Stop Food Mart, Oky Doky #14, and Casey's General
Store (2)
RESOLUTION Granting issuance of a Class C Beer/Liquor License to Diamond Jo
Casino Portside, Jym's Bar, Paul's Tavern, American Legion Post #6, Dubuque Bowling
Lanes, Knicker's Saloon, Dubuque Five Flags Center, Holiday Inn Five Flags, Duke's
Place; and a Class B Wine Permit to Ooh la La
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 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
City Clerk
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