2 17 03 Agenda with iconsCITY OF DUBUQUE, IOWA
CiTY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, FEBRUARY 17, 2003
INVOCATION
Reverend Doctor James Dotson, Pastor of Grandview Avenue United Methodist Church
CONSENTITEMS
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.
Minutes Submitted
Airport Commission of 1/31; Cable TV Teleprogramming Commission of 1/7; City
Council of 2/3, 2/5 and 2/10; Civil Service of 12/23; Community Development Advisory
Commission of 1/9; Conference Board of 3/4/02; Downtown Planning Committee of the
Long Range Planning Advisory Commission of 1/13; Electrical Board of 2/10; Five Flags
Commission of 12/16; Housing Commission Trust Fund Committee of 1/23 and 1/28;
Human Rights Commission of 12/9; Park and Recreation Commission of 2/11; Zoning
Advisory Commission of 1/8 (Modified) and 2/5; Zoning Board of Adjustment of 1/23
Proof of publication of City Council Proceedings of 1/20
Finance Director submitting the City of Dubuque Financial Reports for the month ending
January 31, 2003.
Suggested Disposition: Receive and File
Airport Cable TV City Coundl City Council 2/'5 CRy Council 2/:LO Civil Sentice
Community Conference Board Downb3wn Planning Etec~-ical Bd Five Flags Hsg Trust Fd - 1 23
Development
Hsg Trust Fd - ! 28 Human Rights Park and Rec ZAC - :L/8 ZAC - 2/5 Zoning Bd of Adj
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Notice of Claims/Suits
Janice E. Hoerner vs. Merlin E. Wagner and City of Dubuque for personal injury;
Florence J. Siefker for personal injury; Thomas Weidenbacher for vehicle damage; and
Raymond Worden 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:
Tim Bushman for property damage; Brooke Gassman for vehicle damage; and Florence
J. Siefker for personal injury.
Corporation Counsel recommending settlement of the claim of Mary Criss for property
damage.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Payment
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Citizen Communications
Communication from Tri-State Towing and Recovery regarding the City's towing policy.
Communication from Tom and Rebecca LeClere regarding their property at 1195
Thomas Place.
Suggested Disposition: Receive and File; Refer to the City Manager
Tri-State Towing L~ LeC3ere Ltr
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Anti-War Resolution
Communication from Fabian Yaklin requesting the City Council to pass an anti-war
resolution.
Suggested Disposition: Receive and File; Council
Yaldin Let~r
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Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
CEBA contract with the City and CarteGraph Systems, Inc. has been successfully
completed and the employment goals fulfilled.
Suggested Disposition: Receive and File
[DED Letter
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Bunker Hill Golf Course Management Agreement
City Manager recommending approval of a management agreement with G.M.S., Inc.
(George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1,
2003 and ending November 30, 2003.
Suggested Disposition: Receive and File; Approve Agreement
Bunker Hill - NVM Bunker Hill - Staff Bunker Hill
Memo Memo Agreement
Special AsSessment Fund Balance
City Manager requesting authorization to transfer excess Special Assessment Funds to
the Street Construction Fund to support street construction projects.
RESOLUTION Authorizing the transfer of excess special assessment funds to the
Street Construction Fund
Suggested Disposition: Receive and File; Adopt Resolution
Transfer - NVM Transfer - St;afl Transfer - Resolution
Memo Nemo
Design Contract - US 20 Intersection Improvements
City Manager recommending approval of a project agreement with the firm of Howard
R. Green relating to the continued development of the design phase for the US 20
Intersection Improvement Project.
Suggested Disposition: Receive and File; Approve Agreement
US 20 - MVM Memo US 20 - Staff Memo IDOT Letter US 20 Agreement
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Legislative Correspondence
Communications to State Representative Pam Jochum and State Senator Mike
Connolly requesting their opposition to HSB 46 and SSB 1037 relating to a
municipality's ability to pursue and maintain telecommunication utilities.
Suggested Disposition: Receive and File
HSB ~ SSB 1037
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12.
Coast Guard Marine Security Measures
City Manager transmitting information in response to the Coast Guard Marine Secudty
Regulations and comments regarding key areas that might impact the City and
community projects.
Suggested Disposition: Receive and File; Approve
Guard - MVH Coast Guard ~ Staff Coast Guard
Memo Memo Comments
Urban Revitalization/Tax Exemption Applications
City Manager recommending approval of the eligible Calendar Year 2003 Urban
Revitalization Applications.
RESOLUTION Approving residential property tax exemption applications submitted by
property owners in recognized urban revitalization areas and authorizing the transmittal
of the approved applications to the City Tax Assessor
Suggested Disposition: Receive and File; Adopt Resolution
Urban Revit - HVM Urban Revit - Staff Urban Revit -
Me,no Me,no Resolution
Martin Addition - Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Martin
Addition to allow for the subdivision of an existing parcel of land into five lots as
requested by William Burger.
RESOLUTION Approving the Plat of Survey of Martin Addition in the County of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Ma~n - ZAC Ltr Martin - St~ff Memo Martin - Resolution Maratin - Application Martin - Exhibit A
13.
Winner Place - Plat of Survey of Loll I and 2
Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1
and 2 of Winner Place to facilitate the sale of a building located at 25/27 West 15th
Street, as requested by Delbert and Sharon Winner.
RESOLUTION Approving the Plat of Survey of Lots 1 and 2 of Winner Place
Suggested Disposition: Receive and File; Adopt Resolution
Winner - ZAC !_tr Winner - Staff: Memo Winner - Resolution Winner - Application Winner - Exhibit A
14.
15.
Amendmenll to Federal Legislative Issues
City Manager submitting two amendments to the City's Federal Legislative Issues.
Suggested Disposition: Receive and File; Approve
Amendments - MVN Security Amendment S~rmwater
Memo Amendment
Business Licenses
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Hartig Drug, Clark
Retail, Lee's 76 West Locust Mart, Dubuque Discount Gas, and Big 10 Mart
RESOLUTION Granting the issuance of a Class ~C" Beer/Liquor License to
Hammerheads Bar and Billiards, Cue Master Billiards, Tony's Place, Dubuque Mining
Company, and Busted Lift; Class "B" Wine Permit to Hartig Drug #4; and Class "E"
Liquor License to Hartig Drug #4
Suggested Disposition: Adopt Resolutions
Resolution #1 Resolution #2
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Community Development Advisory Commission (Three unexpired 3-year terms for
Census Tracts 2, 3 and 4; One 3-year term for Census Tract I to expire 2/15106 - Term of
Isenhart):
Applicant: Chuck Isenhart
8d and Corem List Overview Sheet Isenhart Application
PUBLIC HEARINGS
SUSPEND THE RULES
ARC Design Resources, Inc.IJMC Gold Medal Meat, Inc.
Communication from Joseph R. Altenhoff, ARC Design Resources, Inc., on behalf of
Wal-Mart Stores, Inc. requesting Council withdraw the application to rezone the property
at 16th and Sycamore Streets.
City Manager submitting a communication to Joseph AItenhoff of ARC Design regarding
possible source of funds to assist in demolition/cleanup of the Smithfield property.
Proof of publication on notice of hearing to consider a request from ARC Design
Resources, Inc./JMC Gold Medal Meat, Inc. to rezOne property located at 16th and
Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development
with a PC Planned Commercial designation to allow a Wal-Mart Super Center and
Zoning Advisory Commission recommending denial.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque .~
Code of Ordinances by reclassifying hereinafter described property located along 16'"
Street from HI Heavy Industrial District to PUD Planned Unit Development District with a
PC Planned Commercial designation and adopting a conceptual development plan, with
conditions, for Wal-Mart Stores, Inc.
Suggested Disposition: Receive and File; Concur with Denial; o._[r Motion B;
Motion A (Super Majority Vote Necessary)
ARC Letter Altenholf - MVH Ltr to Albanhof WalMart - ZAC Ltr Wal-Mart - Industrial Land
iVlemo Ordinance Rezoning Herno
Wal-Mart - Exhibit A ARC Letters (2)
Engineering Lt~ Wal-Hart - ARC Traffic Analy~,s Land Use - I.PJ~C
Application Memo
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Rezonings - BAL Ltr
Hearings - BAL Lb' Wal-Mart - LRPAC CDAC Letter aUzen Ltrs
Memo
Wal-Mart Petition Suggested Mddon
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Highway 611151 and Highway 52 - Request to Rezone
Proof of publication on notice of hearing to consider a request from Dan Mueller to
rezone property located south of Highway 61/151 and Highway 52 (Lot 1 of Key Gate
Center No. 2) from PR Planned Residential District to PI Planned Industrial District to
allow for the location of a batch mix plant and Zoning Advisory Commission
recommending denial.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located along U.S.
Highway 52 east of U.S. Highway 61/151 from PUD Planned Unit Development District
with a PR Planned Residential District to PUD Planned Unit Development District with a
PI Planned Industrial designation and adopting a conceptual development plan with
conditions
Suggested Disposition: Receive and File; Concur with Denial; o._[ Motion B;
Motion A (Super Majority Vote Needed)
Key Gate - ZAC Ltr Key Gate - St:afl Key Gate - Key Gate - Key Gate - P~:ures
Report Ordinance Application
Key Gate - Petitions Apex Mtg Notes Key Gate - Letters Additional Pictures Suggested Motion
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Eagle Villa - 2800 Rhomberg Avenue - Request to Rezone
Proof of publication on notice of hearing to consider a request from Stott and
Associates/A.J. Spiegel to rezone property located at 2800 Rhomberg Avenue from CR
Commercial Recreation District to PUD Planned Unit Development District with a PR
Planned Residential zoning designation and Zoning Advisory Commission
recommending denial.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 2800
Rhomberg Avenue from CR Commercial Recreation District to PUD Planned Unit
Development District with a PR Planned Residential District Designation and adopting a
conceptual development plan with conditions.
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Suggested Disposition: Receive and File; Concur with Denial; o..~r Motion B;
Motion A (Super Majority Vote Needed)
Spiegel - ZAC Lb' Sp~gel - Staff Spiegel - Ordinance Spiegle - Application Sspiegel -Ltra and
Report Articles
Spiegel - Pic~uras Eagle Villa Drawings Suggested Hofion
3300 Nightengale Lane - Request to Rezone
Proof of publication on notice of hearing to consider a request from Patrick and Patricia
Kennedy to rezone property located south of Nightengale Lane from R-lc Single-Family
Residential, with conditions, to R-1 Single-Family Residential District and Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located south of
Nightengale Lane from R-1 Single-Family Residential District, with conditions, to R-1
Single-Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Kennedy - ZAC Lb' Kennedy - S~aff Kennady - Ordinance Kennedy - Kennedy - Drawing Sugges~l HoUon
Report Appl~fion
1205 Cleveland Avenue - Request to Rezone
Proof of publication on notice of hearing to consider a request from Doug and Marie
Colin to rezone property located at 1205 Cleveland Avenue from R-2 Two-Family
Residential District to C-1 Neighborhood Commercial District and Zoning Advisory
Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 1205
Cleveland Avenue from R-2 Two-Family Residential Zoning Distdct to C-1
Neighborhood Commercial Zoning Distdct
Suggested Disposition: Receive and File; Motion B; Motion A
Cleveland - 7_AC Ltr Cleveland - Sl~aff Cleveland - Cleve!and - Suggested Mo~ion
Report Ordinance Application
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3925 Dodge Street- PUD Amendment
Proof of publication on notice of hearing to consider a request from Tom Luksetich and
Steve Smith to amend the PUD Planned Unit Development District at 3925 Dodge to
allow construction of a new 44,287 square foot building and Zoning Advisory
Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinance 67-02, which
adopted regulations for the PUD Planned Unit Development with a PC Planned
Commercial Designation for 3925 Dodge Street
Suggested Disposition: Receive and File; Motion B; Motion A
Dodge - ZAC Ltr Dodge - Staff Repod: Dodge - Ordinance
Dodge - Apptica~on Suggested Ho~Jon
Mississippi River Discovery Center Wetland - Site Package Interior Walkways
Project
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 Contract #3 -
Plumbing to Portzen Construction in the amount of $11,100 and Contract #4 - Electrical
(including the alternate) to Paulson Electric Company in the amount of $29,238; and
rejection of Contract #1 - Wood Piers and Decking and Contract #2 - Wood Framing
and Railings.
RESOLUTION Adopting 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 Awarding certain contracts for the Mississippi River Discovery Center
Wetland - Site Package II Interior Walkways Project and rejecting the remaining
construction contract bid proposals
RESOLUTION Ordering bids for the Mississippi River Discovery Center Wetland - Site
Package Interior Walkways Project (Contract 1 -Wood Piers and Decking and Contract
2 - Wood Framing)
Suggested Disposition: Receive and File; Adopt Resolutions
MRDC - HVH Memo HRDC - Staff Hemo MRDC - Resolution HRDC - Resolution HROC- Resolution
#! #2 #3
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Material from January 20, 2003 Meeting
MRDC - MVM Memo MRDC - Staff Memo MRDC - P.~sol~jo~s MRDC - Drawing
REINSTATE THE RULES
ACTION ITEMS
2004 National Alliance of Preservation Commission (NAPC)
Communication from the Historic Preservation Commission requesting the City Council
submit a letter of support for the City to host the 2004 National Alliance of Preservation
Commission.
Suggested Disposition: Receive and File; Approve Letter of Support
NAPC - HPC Lb' NAPC - Staff Memo NAPC Material
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National League of Cities
Communications from the Iowa League of Cities appointing Council Member Ann
Michalski to serve as one of Iowa's representatives on the Human Development Policy
Committee of the National League of Cities.
Suggested Disposition: Receive and File
COUNCIL MEMBER REPORTS
PUBMCINPUT
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
Pending Litigation - Chapter 21,5(1)(c) 2001 Code of Iowa
Jeanne F. Schneider
February 13, 2003
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