1 20 03 Agenda No IconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. – DINNER – LIBRARY ROTUNDA
5:30 P.M. – SPECIAL MEETING – CONVENTION & VISITORS BUREAU PRESENTATION
6:30 P.M. – REGULAR MEETING
LIBRARY AUDITORIUM
MONDAY, JANUARY 20, 2003
INVOCATION
Reverend Tim Bees, Pastor, First Baptist Church
CONSENT ITEMS
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.
1. Minutes and Reports Submitted
Airport Commission of 12/16; Cable Community Teleprogramming Commission of 12/3;
Civil Service Commission of 12/9 and 12/23; Environmental Stewardship Advisory
Commission of 11/5; Five Flags Commission of 10/21 and 11/18; Transit Board of
11/14; Zoning Advisory Commission of 1/8; Zoning Board of Adjustment of 12/19
Proofs of publication of City Council proceedings of December 9 and December 16,
2002; and List of Claims and Summary of Revenues for month ending November 30,
2002
Printed Official Council Proceedings for month of November, 2002
Finance Director submitting the financial reports for the month ending December 31,
2002
Fiscal Year 2003 Second Quarter Report from the Substance Abuse Services Center
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Suits
Damian Baumhover for property damage; Paul J. Behnke for vehicle damage; Tim
Bushman for property damage; William Gerlach for vehicle damage; Janice Hoerner for
personal injury; Patricia Morrison for personal injury
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:
Corporation Counsel recommending denial of the claim of Fannie Stout House for
property damage.
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Corporation Counsel recommending settlement of the claim of Paul Behnke for proerty
damage and William Gerlach for vehicle damage and directing Finance Director to
issue payment.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Payment
3. Citizen Communication
Communication from Mary Alice Walsh regarding the recently enacted “No Parking at
Any Time” restriction on Kane Street.
Suggested Disposition: Receive and File
4. Community Development Advisory Commission
Communication from R.J. Sullivan submitting his resignation from the Community
Development Advisory Commission.
Suggested Disposition: Receive and File; Accept Resignation
5. Civil Service Commission
Civil Service Commission submitting the certified list for the positions of Assistant
Police Chief, Police Captain, and Police Lieutenant.
Suggested Disposition: Receive and File; Make a Matter of Record
6. Wal-Mart Stores, Inc. Tax Appeal
Corporation Council submitting a Stipulation of Settlement of a tax assessment appeal
for property located at 4200 Dodge Street, legally described as Lot 2, Wal-Mart
Subdivision, Dubuque, Iowa.
Suggested Disposition: Receive and File; Approve
7. 2389 University Avenue – Final Plat
Zoning Advisory Commission recommending approval of the plat of survey of Lot 1 of 1
of 224 and Lot 2 of 1 of 224 Finley’s Addition (2380 University Avenue) as requested
by Dennis and Amy McCarthy.
RESOLUTION
Approving the plat of survey of Lot 1 of 1 of 224 and Lot 2 of 1 of 224
Finley’s Addition
Suggested Disposition: Receive and File; Adopt Resolution
8. O’Mara Second Subdivision – Plat of Subdivision
Zoning Advisory Commission recommending approval of the plat of subdivision of Lot 1
and 2 of O’Mara Second Subdivision (11983 Kennedy Road) at the request of Roger
Kurt/Joseph and Beverly O’Mara.
RESOLUTION
Approving the plat of subdivision of Lot 1 and Lot 2 of O’Mara Second
Subdivision in the County of Dubuque, Iowa
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Suggested Disposition: Receive and File: Adopt Resolution
9. 2002 Sidewalk Assessment Project
City Manager recommending approval of the final assessment schedule for the 2002
Sidewalk Assessment Project.
RESOLUTION
Adopting the final assessment schedule for the 2002 Sidewalk
Assessment Project 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 Resolution
10. Chavenelle Drive – Acceptance
City Manager recommending acceptance of the Chavenelle Drive Extension Project in
the final contract amount of $583,148.07 as completed by Portzen Construction, Inc.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
11. US 20 Highway Intersection Improvements
City Manager recommending approval of an addendum to the Preconstruction
Agreement with the Iowa Department of Transportation to allow for the five-lane
widening project from the Northwest Arterial to just west of “Old Highway Road.”
RESOLUTION
Approving an addendum to the Preconstruction Agreement between the
City of Dubuque and the Iowa Department of Transportation for improvements to US 20
Suggested Disposition: Receive and File; Adopt Resolution
12. Henry Stout House – Irrevocable License
City Manager recommending approval of an amendment to the irrevocable license for
encroachment in the public right-of-way for Henry Stout Place Apartments to include an
encroachment for a set of steps on the Iowa Street sidewalk.
Suggested Disposition: Receive and File; Approve
13. Conservation Design Forum
Council Member Joyce Connors submitting information on Conservation Design Forum
(CDF), with respect to identifying potential cost effective, ecologically sustainable
stormwater management alternatives.
Suggested Disposition: Receive and File
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14. National Trust for Historic Preservation
Communication from Genell Scheurell, Midwest Office – National Trust for Historic
Preservation, thanking Laura Carstens, Planning Services Manager, for submitting the
final report and project summary for the City’s $2,500 Preservation Services Fund
grant.
Suggested Disposition: Receive and File
15. Old U.S. Highway 20 Water Main Extension Project – Acceptance
City Manager recommending acceptance of the Old U.S. Highway 20 Water Main
Extension Project in the final contract amount of $105,392.35.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
16. Fiscal Year 2003 Annual Action Plan Amendment #3
City Manager recommending approval of Amendment #3 to the Fiscal Year 2003
(Program Year 2002) Annual Action Plan for Community Development Block Grant
funds.
RESOLUTION
Approving Amendment #3 to the Fiscal Year 2003 (Program Year
2002) Annual Action Plan for Community Development Block Grant Funds
Suggested Disposition: Receive and File; Adopt Resolution
17. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Ziepprecht
Block Building and John Bell Block Building have been listed in the National Register of
Historic Places effective December 20, 2002.
Suggested Disposition: Receive and File
18. Purchase of Permits Plus Software System
City Manager recommending approval of the purchase of Permits Plus software system
and a replacement network server for Housing and Community Development
Department.
Suggested Disposition: Receive and File; Approve
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19. Iowa Department of Natural Resources PAYT Grant Proposal
City Manager recommending approval for the Operations and Maintenance Department
to seek a grant from the Iowa Department of Natural Resources for supplying
consulting services at no charge to Iowa communities considering voluntarily
implementing PAYT.
Suggested Disposition: Receive and File; Approve
20. Quarterly Investment Report
City Manager transmitting the December 31, 2002 Quarterly Investment Report.
Suggested Disposition: Receive and File
21. Business License Refund
Application from Marie Moeller, Bierstube Ltd, for a refund of her beer and liquor
license in the amount of $633.75.
Suggested Disposition: Receive and File; Approve
22. Business Licenses
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Dubuque Discount
Gas, Liquor Depot, and Oky Doky #21
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to The
Lounge and Town Clock Inn; and Class “B” Wine Permit to Liquor Depot
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1. Disposal of Property to Dubuque Initiatives
City Manager recommending that a public hearing be set for February 3, 2003 to
consider the disposal of real property in the Port of Dubuque to Dubuque Initiatives.
RESOLUTION
of Intent to dispose of real property by deed to Dubuque Initiatives
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/3/03
2. Mississippi River Discovery Center Wetlands, Phase II (Interior Walkways) Project
– Initiate
City Manager recommending initiation of the bidding process for the Mississippi River
Discovery Center Wetlands, Phase II (Interior Walkways) Project and that a public
hearing be set for February 17, 2003.
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RESOLUTION
Preliminary approval of plans and specifications for the Mississippi
River Discovery Center Wetland – Site Package Interior Walkways Project (Contract 1
– Wood Piers and Decking, Contract 2 – Wood Framing and Railings, Contract 3 –
Plumbing, Contract 4 – Electrical)
RESOLUTION
Fixing date of hearing on plans and specifications for the Mississippi
River Discovery Center Wetland – Site Package Interior Walkways Project (Contract 1
– Wood Piers and Decking, Contract 2 – Wood Framing and Railings, Contract 3 –
Plumbing, Contract 4 – Electrical)
RESOLUTION
Ordering bids for the Mississippi River Discovery Center Wetland – Site
Package Interior Walkways Project (Contract 1 – Wood Piers and Decking, Contract 2
– Wood Framing and Railings, Contract 3 – Plumbing, Contract 4 – Electrical)
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/17/03
3. Fiscal Year 2004 Annual Action Plan
City Manager recommending that a public hearing be set for February 26, 2003 to
consider the proposed Fiscal Year 2004 Annual Action Plan.
RESOLUTION
Setting a public hearing on the Program Year 2003 (Fiscal Year 2004)
Community Development Block Grant (CDBG) Annual Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/26/03
BOARD AND COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Community Development Advisory Commission (Three unexpired 3-year terms for
Census Tracts 2, 3 and 4; One 3-year term for At-Large – Term of Wainwright; One 3-
year term for Census Tract 1 – Term of Isenhart):
Applicant:
Thomas Wainwright
TV Cable Community Teleprogramming Commission (Two unexpired 3-year terms
through 6/30/03; One unexpired 3-year term through 6/30/05):
Applicant:
Burton Everist
PUBLIC HEARINGS
SUSPEND THE RULES
1. ARC Design Resources, Inc./JMC Gold Medal Meat, Inc.
Proof of publication on notice of hearing to consider a request from ARC Design
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Resources, Inc./JMC Gold Medal Meat, Inc. to rezone property located at 16 and
Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development
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with a PC Planned Commercial designation to allow a Wal-Mart Super Center and
Zoning Advisory Commission recommending denial.
Communications from Mrs. Cecilia Lattner and Karen Hammel in opposition to the Wal-
Mart Super Center.
Communication from Dick Hartig in opposition to the City providing any financial
assistance to Wal-Mart.
Communication from Phillip A. Ruppel regarding the traffic impact of the proposed Wal-
Mart development.
Communication from Richard Trausch objecting to the proposed Wal-Mart
development.
Communication from Larry McDermott regarding the proposed Wal-Mart development.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
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Code of Ordinances for hereinafter described property located at 16 and Sycamore
Streets from HI Heavy Industrial District to PUD Planned Unit Development with a PC
Planned Commercial designation
Suggested Disposition: Receive and File; Concur with Denial; or Motion B;
Motion A (Super Majority Vote Necessary)
2. 296 North Grandview - Request to Rezone
Proof of publication on notice of hearing to consider a request from James Heckmann and Tim
and Malin Boge to rezone property located at 296 North Grandview Avenue from R-1 Single-
Family Residential District to OR Office Residential District and Zoning Advisory Commission
recommending denial.
Communication from James Heckmann in support of the proposed rezoning.
(Provided as hard copy.)
Communication from Carol Ruden, Re/Max Advantage, in support of the rezoning.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 296
North Grandview Avenue from R-1 Single-Family Residential District to OR Office/High
Density Multi-Family Residential District
Suggested Disposition: Receive and File; Concur with Denial; or Motion B;
Motion A (Super Majority Vote Necessary)
3. 1320 Locust – Request to Rezone
Proof of publication on notice of hearing to consider a request from Alfred Kopczyk to
rezone property located at 1320 Locust from C-4 Downtown Commercial District, with
conditions, to OC Office Commercial District and Zoning Advisory Commission
recommending approval.
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ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1320
Locust from C-4 Downtown Commercial District, with conditions, to OC Office
Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
REINSTATE THE RULES
ACTION ITEMS
1. Cedar Crest Subdivision – Final Plat
Zoning Advisory Commission recommending approval of the final plat of Cedar Crest
Subdivision as requested by Buesing and Associates/Dan Conrad.
RESOLUTION
Approving the final plat of Lots 1-33, inclusive, of Cedar Crest
Subdivision in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
2. Stormwater Utility Citizens Advisory Committee
Mike Portzen, Chairperson of the Stormwater Utility Citizens Advisory Committee,
submitting their final report.
Suggested Disposition: Receive and File
3. Klauer Manufacturing Company
City Manager recommending approval of an Offer to Buy Real Estate and Acceptance
for the property on the Fourth Street Peninsula owned by Klauer Manufacturing
Company and in recognition of the $250,000 cash and land donation it is recommended
that the plaza directly adjacent and east of the Grand River Center be named the W.J.
Klauer Plaza.
RESOLUTION
Approving an Offer to Buy and Acceptance for the purchase of certain
real estate in Dubuque County, Iowa from Klauer Manufacturing Company
Suggested Disposition: Receive and File; Adopt Resolution; Approve Naming
4. Bell Street Sidewalk Color Pattern
City Manager recommending approval of a proposed change to the design of the Bell
Street sidewalk, which is currently out for bid, which would revise the sidewalk pattern
to match the buff and white/gray concrete pattern around the Portside building and
revise the crosswalk at Fifth and Bell Streets.
Suggested Disposition: Receive and File; Approve
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5. Iowa League of Cities Conference
City Manager recommending approval for the City to submit a bid to the Iowa League of
Cities to host the annual conference in 2007, to budget $8,400 for expenses associated
with the conference, and to appoint a City Council Member to serve as the City’s
representative in planning the Conference.
Suggested Disposition: Receive and File; Approve; Council Appointment
6. Memorandum of Understanding with Lower Main Development, LLC
City Manager recommending approval of a Memorandum of Understanding with Lower
Main Development, LLC, concerning the acquisition and renovation of the former
Weber Paper Building, owned by Dubuque Initiatives.
RESOLUTION
Approving a Memorandum of Understanding with Lower Main
Development, LLC
Suggested Disposition: Receive and File; Adopt Resolution
7. City Priorities and Issues: Washington, D.C.
City Manager recommending approval of the City of Dubuque Priorities and Requests
for Federal Appropriations.
Suggested Disposition: Receive and File; Approve
8. Graduated Gaming Tax
City Manager submitting a letter to State legislators asking for support for a graduated
gaming tax.
Suggested Disposition: Receive and File
9. Arts and Culture Task Force
Communication from Jerry Enzler, Executive Director of the Dubuque County Historical
Society, requesting Council consideration to include a representative of the Society to
the recently created Arts and Culture Task Force.
Suggested Disposition: Receive and File; Council
10. Council Appointment – Airport Commission
Appointment of a Council Member (currently Council Member John Markham) to the
Airport Commission for a term to expire January 15, 2004.
Suggested Disposition: Receive and File; Council Appointment
11. Fiscal Year 2004 Operating Budget and Capital Improvement Program
City Manager presenting the Fiscal Year 2004 Operating Budget and Capital
Improvement Program.
Suggested Disposition: Receive and File
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COUNCIL MEMBER REPORTS
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
January 16, 2003
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