4 7 03 Agenda without iconsNote: Anyone with a Hearing Difficulty please contact the City Clerk before the beginning
of the Council Meeting to possibly procure the use of a device to improve hearing ability.
CITY COUNCIL MEETING
CITY OF DUBUQUE, IOWA
WELCOME ......
to this meeting of the DUBUQUE CITY COUNCIL.
This is a formal meeting of the City Council, during which the Council takes official
action on various items of business. These items are listed on the attached AGENDA.
Each of these items has been studied by the City Staff and reviewed by the City Council
prior to this Meeting.
Listed below are guidelines adopted by the City Council for citizens to observe
when addressing the Council about an item:
Persons who would like to speak on a particular item should approach the
microphone at the time the item comes up for discussion and wait to be
recognized by the Mayor. Please be prepared to address the Council by
proceeding to the podium and waiting in line to speak even though
someone may be speaking.
WHEN YOU ARE RECOGNIZED BY THE MAYOR~ FIRST STATE YOUR
NAME AND ADDRESS, AND IF YOU ARE REPRESENTING ANOTHER
PARTY~ ALSO GIVE THE NAME AND ADDRESS OF SUCH PARTY.
REMARKS MUST BE LIMITED TO 5 MINUTES OR LESS. SPEAKERS Wll I
BE ALLOWED TO SPEAK ONLY ONCE UNLESS QUESTIONS ARE ASKED
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BY COUNClL~ FOR FURTHER CLARIFICATION.
If you would like to speak to the Council on an item you were unable to
have put on the agenda, the appropriate time is at the end of the meeting
during the Public Input which appears at the bottom of the agenda. The
Mayor will ask "Is there anyone in the Council Chambers who would like
to address the Council?"
THANK YOU FOR ATTENDING THIS MEETING.
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, APRIL 7, 2003
INVOCATION
Ben Mathew, Chaplain, Emmaus Bible College
PROCLAMATIONS
Public Health Week (April 7 - 13, 2003)
Fair Housing Month (April, 2003)
YOUTH IN GOVERNMENT
Swearing-In of Youth In Government Participants
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 3/24; Cable TV Regulatory Commission of 3/12; City Council of
3/17; Conference Board of 2/19; Downtown Planning Committee of 3/10; Housing Code
Appeals Board (Amended) of 11/19; Housing Code Appeals Board of 12/.17; Housing
Commission of 2/25 and 3/20; Housing Commission Trust Fund of 3/20; Library Board
of Trustees of 2/27; Transit Trustee Board of 3/13; Zoning Advisory Commission of 3/5;
Zoning Board of Adjustment of 2/27
Proofs of publication of City Council Proceedings of 3/3 and 3/5 and List of Claims and
Summary of Revenues for Month Ending February 28, 2003
Suggested Disposition: Receive and File
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Notice of Claims/Suits
Mary Eigenberger for property damage; Lois Friedman for vehicle damage; Thomas
Mueller for property damage; Steven Plumley for loss of property; Connie Swift for
personal injury; Mark Rokusek for vehicle damage; Craig J. Takes for vehicle damage;
Timothy Wardle for vehicle damage
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: Lois
Friedman for vehicle damage; Mark Rokusek for vehicle damage; Connie Swift for
personal injury.
Corporation Counsel recommending denial of the claim of Timothy Wardle for vehicle
damage.
Corporation Counsel recommending settlement of the claim of Steven Plumley for
monetary loss and Craig Takes for vehicle damage and that the. Finance Director issue
property payment.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Payment
Legislative Correspondence
Communication oF,City Manager to area legislators requesting support of Senate File
358 which would t~ansfer the responsibility for establishing the State Plumbing Code
from the Iowa Department of Public Health to the State Building Code Commissioner.
Communication Of City Manager to Speaker of the House Christopher Rants regarding
the gaming tax issue.
Communication of City Manager to Senator Charles E. Grassley regarding the status of
the Dubuque Post Office Building.
Communication of City Manager to area legislators requesting their opposition to the
Public Strategies Group proposal.
Suggested Disposition: Receive and File
Dubuque County Board of Supervisors
Communication from the Dubuque County Board of Supervisors submitting information
on a potential problem at Jorja's Restaurant.
Suggested Disposition: Receive and File; Refer to City Manager
Housing Code Appeals Board Resignation
Communication from David Harris, Housing and Community Development Department
Manager, advising that Dave Althaus has informed staff he does not intend to reapply
for appointment to the Housing Code Appeals Board.
Suggested Disposition: Receive and File
Dubuque County Conservation Society
Communication from Ranol Weigel, President of the Dubuque County Conservation
Society, regarding the proposed Eagle Point Condominium Development.
Suggested Disposition: Receive and File
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Dubuque Golf and Country Club
Communication from the Dubuque Golf and Country Club requesting permission to
display fireworks on July 4, 2003 (rain date of July 6, 2003).
Suggested Disposition: Receive and File; Approve
Wertzberger Acres No. 2 - Final Plat
City Manager recommending approval of the final plat of Wertzberger Acres No. 2
located off of Old Military Road in Dubuque County.
RESOLUTION Approving the final plat of Lot A and Lots 1-12 Wertzberger Acres No. 2
in Dubuque County, iowa
Suggested Disposition: Receive and File; Adopt Resolution
Emberwood Estates - Final Plat
City Manager recommending approval of the final plat of Emberwood Estates located off
of Gardener's Lane in Dubuque County.
RESOLUTION Approving the final plat of Emberwood Estates in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Port of Dubuque - Parking Lot Landscape Guidelines and Recommended Plant
Lists
City Manager recommending approval of the Parking Lot Landscaping Guidelines and
Recommended Plant Lists for the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
Demolition Permit - Dubuque Hardwoods
Communication from the Historic Preservation Commission recommending approval of
a request to demolish metal buildings located at 205 East 6th Street, Port of Dubuque
(Dubuque Hardwoods).
Suggested Disposition: Receive and File; Concur
Dubuque County Board of Health Contract for Lead Paint Program
City Manager recommending approval of an interagency agreement between the City
and the Dubuque County Board of Health for administration of a lead paint program
training grant.
Suggested Disposition: Receive and File; Approve
Iowa Department of Transportation Pre-Construction Agreement
City Manager recommending approval of a pre-construction agreement addendum
between the City of Dubuque and the Iowa Department of Transportation to provide
tiber optic conduit installation.
RESOLUTION Approving an addendum to the Pre-Construction Agreement between
the City of Dubuque and the Iowa Department of Transportation for fiber optics conduit
improvements to US 20
Suggested Disposition: Receive and File; Adopt Resolution
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Notice of Finding of No Significant Impact and Release of Funds for Community
Development Block Grant Programs
City Manager recommending approval of publication of a combined notice of no
significant impact on the environment and notice of intent to request release of funds for
CommunitY Development Block Grant Programs.
RESOLUTION Authorizing publication of a combined notice of finding of no significant
impact on the environment and notice of intent to request release of funds for certain
Community Development Block Grant projects for Fiscal Year 2004 (Program Year
2003)
Suggested Disposition: Receive and File; Adopt Resolution
Fiscal Year 2004/2005 Certification of Overall Benefit
City Manager recommending approval of a proposed change in the certification period
for overall benefit of Community Development Block Grant (CDBG) funds as per the
Consolidated Plan.
RESOLUTION Amending the Consolidated Plan for 2001 - 2006 to extend the overall
benefit for the aggregate use of Community Development Block Grant (CDBG) funds for
Fiscal Year 2004 and Fiscal Year 2005 Annual Plans (Program Years 2003 and 2004)
Suggested Disposition: Receive and File; Adopt Resolution
Parking Ticket Software
City Manager recommending approval of the selection of EDC-AIMS Corporation to
provide parking ticket software.
RESOLUTION Accepting a contract for the Parking Division Enforcement Software
Project
SuggeSted Disposition: Receive and File; Approve
Miller-Riverview Park Management Agreement
City Manager recommending approval of the management agreement for Miller-
Riverview Park with Pat Felderman.
Suggested Disposition: Receive and File; Approve
Firefighters' Grant Program
City Manager recommending approval to submit a grant application in the amount of
$208,000 to the Federal Assistance for Firefighters Grant Program for replacing the Fire
Department's self-contained breathing apparatus.
Suggested Disposition: Receive and File; Approve
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Old Mill Road - Acceptance of Deeds
City Solicitor Bill Blum recommending acceptance of three deeds from property owners
in the flood plain area on Old Mill Road.
RESOLUTION Accepting the deed to certain real estate in the City of Dubuque, Iowa
from Wayne L. Laufenberg Sr. Trust
RESOLUTION Accepting the deed to certain real estate in the City of Dubuque, Iowa
from Michael J. McDermott and Barbara J. McDermott
RESOLUTION Accepting the deed to certain real estate in the City of Dubuque, iowa
from Robert and Valora Timmons
Suggested Disposition: Receive and File; Adopt Resolutions
Release of Escrow Agreement - Downtown Rehab Loan for Cooper Building
City Manager recommending approval of the release of escrow funds required as part of
the financing for Cooper Development Company LLC's renovation of the former Cooper
Wagon Works building at 299 Main Street.
Suggested Disposition: Receive and File; Approve
United States Department of Transportation
Notice from the United States Department of Transportation - Office of the Secretary
advising of the decision to allow Mesaba Aviation, Inc., d/b/a Northwest Aidink, to
suspend service at Dubuque as of May 13, 2003.
Suggested Disposition: Receive and File
Helping Services for Northeast Iowa - Drug and Violence Prevention Grant
City Manager recommending that the Dubuque Police Department partner with Helping
Services of Northeast Iowa in their application for a Drug and Violence Prevention Grant
from the Iowa Department of Public Health.
Suggested Disposition: Receive and File; Approve
Federal Environmental Protection Agency State and Tribal Grant Program
City Manager advising that an application for a $4 million funding request to assist with
expansion of the 32"d Street Detention Basin ahs been prepared and submitted to the
Federal Environmental Protection Agency State and Tribal Grant Program.
Suggested Disposition: Receive and File
Housing Commission
Communication from Tom Swift submitting his resignation from the Housing
Commission.
Suggested Disposition: Receive and File
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Eagle Window and Door
City Manager recommending approval of the issuance of a Certificate of Completion
and Estoppel Certificate for Otto A, LLC, developer of the Eagle Window and Door
property.
Suggested Disposition: Receive and File; Approve
Business License Refund
Request of Liquor Depot of Dubuque for a refund of their cigarette license in the amount
of $25.00.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION Granting the issuance of a Class "B" (Special 5-Day Event) Beer Permit
to DubuqueFest; and a Class "C" Beer Permit to 16th Street Auto/Truck Plaza and Plaza
20 Amoco
RESOLUTION Granting the issUance of a Class "C" Beer/Liquor License to Loras
College, Noonan's Tap, Olive Garden, Marco's, Whiskey River, Bunker Hill Golf,
Neighbor's Tap, and Copper Kettle; and Class "B" Wine to Carroll's Wine Company
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
Voluntary Annexation - Wayne Stewart
City Manager recommending that a public hearing be set for April 21, 2003 to consider
a request from Wayne Stewart for voluntary annexation of property concurrent with
rezoning for twenty acres of land south of Old Highway Road and west of Seippel Road.
Suggested Disposition: Receive and File; Public Hearing 4/21/03
Grants of Easement - Alliant Energy
City Manager recommending that a public hearing be set for April 21, 2003 to consider
a request from Alliant Energy to install underground electrical telecommunication lines
on City-owned property, known as Lot 1 Heartland Place (lot located between 16th
Street and Kerper Court behind the old Smithfield property) and Lot 1-2-1 Bymes
Subdivision which is the lot upon which Usha Park is located.
RESOLUTION Intent to dispose of interest in real property by easements to Alliant
Energy (Interstate Power and Light Company)
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/21/03
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Locust Street Connector Reconstruction - Initiate
City Manager recommending initiation of the public bidding process for the Locust
Street Connector Reconstruction Project and that a public hearing be set for May 5,
2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of headng on plans and specifications
RESOLUTION Ordedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/5/03
Bonson Road Water Main Extension - Initiate
City Manager recommending initiation of the public bidding process for the Bonson
Road Water Main Extension Project and that a public hearing be set for May 5, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5~5~03
Iowa Street Ramp Skywalk Improvement Project - Initiate
City Manager recommending initiation of the public bidding process for the Iowa Street
Ramp Skywalk Improvement Project and that a public hearing be set for May 19, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/19/03
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Mechanical Code Board (Two 3-Year Terms to Expire 3/16/06 - Terms of Geisler and
Willenborg)
Applicants: Todd Geisler and Hadan J. Willenborg
ACTION ITEMS
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Convention and Visitors Bureau
Sue Czeshinski, Convention and Visitors Bureau, to give verbal quarterly report.
Suggested Disposition: Receive and File
Penalties for Tobacco Permit Holders
Police Chief recommending the assessment of civil penalties against two tobacco
permit holders.
Suggested Disposition: Receive and File; Assess Penalties
Service Member Support Agenda
Communication from Senator Steve Warnstadt requesting City Council support of the
"Service Member Support Agenda."
Communication from Emily Whitehead, Iowa Senate Democratic Research Staff,
requesting City Council support of the "Service Member Support Agenda."
Suggested Disposition: Receive and File; Council
Brownfield Economic Development Initiative
Communication from the Community Development Advisory Commission regarding the
Brownfield Economic Development Initiative (BEDI).
Suggested Disposition: Receive and File; Council Direction
Arbor Glen Apartments First Addition - Final Plat
City Manager recommending approval of the final plat of Arbor Glen Apartments First
Addition and acceptance of the dedication of the extension of Raven Oaks Ddve.
RESOLUTION Approving the final plat of Arbor Glen Apartments First Addition in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Riverwalk, Amphitheater and Rivers Edge Plaza Usage Policies
City Manager recommending approval of Usage Policies for the Riverwalk,
Amphitheater and Rivers Edge Plaza.
ORDINANCE Amending the City of Dubuque Code of Ordinances Chapter 34 Parks
and Recreation by amending Sec, 34-52(A) Intoxicating beverages prohibiting the
consumption or use of alcoholic liquors or wine in parks by exempting therefrom events
at Alliant Energy Amphitheater; by amending Sec. 34-52(D) Prohibiting the consumption
or use of beer In parks by changing Sunnyslopes Park to Teddy Bear Park and by
adding thereto Riley Park, Harvest View Park, Ice Harbor Park, the American Trust
River's Edge Plaza, and the Mississippi Riverwalk; by amending Sec. 34~74(H)
establishing park hours by changing Sunnyslopes Park to Teddy Bear Park and adding
thereto Riley Park, Harvest View Park, and Ice Harbor Park; by adding a new Sec. 34-
74(K) providing for parks that are open twenty-fours per day and including the American
Trust River's Edge Plaza, Alliant Energy Amphitheater, and the Mississippi Riverwalk;
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by amending Sec. 34-119 changing MuniCipal Swimming Pool to Nicholas J. Sutton
Swimming Pool; by amending Sec. 34-127 changing Sunnyslopes Park to Teddy Bear
Park; by adding a new Sec. 34-133 designating Riley Park; by adding a new Sec. 34-
134 designating Harvest View Park; by adding a new Sec. 34-135 designating the
American Trust River's Edge Plaza; by adding a new Sec. 34-136 designating the
Mississippi Riverwalk; by adding a new Sec. 34-137 designating Alliant Energy
Amphitheater; by adding a new Sec. 34-138 designating 'Ice Harbor Park; and by adding
a new Sec. 34-139 designating Welu Park
Suggested Disposition: Receive and File; Approve; Motion B; Motion A
Extension of Highway 20 Building Permit Moratorium
City Manager recommending approval of a request from the Iowa Department of
Transportation to, extend the building permit moratorium on Highway 20 through May 1,
2004. ~
ORDINANCE Amending Chapter 11 (Buildings and Building Regulations) of the City of
Dubuque Code of Ordinances by amending Section 11-58.1 of the City of Dubuque
Code of Ordinances by establishing a twelve month moratorium on the issuance of
permits for work in the U.S. Highway 20 corridor
Suggested Disposition: Receive and File; Motion B; Motion A
IA 321Southwest Arterial Building Permit Moratorium
City Manager recommending approval of a request by the Iowa Department of
Transportation to extend the building permit moratorium in the IA 32/Southwest Arterial
Corridor through May 1, 2004.
ORDINANCE Amending Chapter 11 (Buildings and Building Regulations) of the City of
Dubuque Code of Ordinances by amending Section 11-58.3 of the City of Dubuque
Code of Ordinances by establishing a twelve month moratorium on the issuance of
permits for work in the IA 32/southwest Arterial Corridor
Suggested Disposition: Receive and File; Motion B; Motion A
Social Security Coverage for Part-Time Elected Officials
City Manager submitting information from IPERS relative to social security coverage for
part-time elected officials.
Suggested Disposition: Receive and File; Council
Gateway Signs
City Manager submitting information on a request from the Dubuque Rotary Club to
initiate a Community Gateway Signage Program and requesting Council direction.
Suggested Disposition: Receive and File; Council Direction
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Fiscal Year 2004 Sewer Service Charge
City Manager recommending approval of an amended ordinance establishing basic
sewer rates for residential and commercial users.
ORDINANCE Repealing Ordinance No. 10-03 amending the Code of Ordinances of the
City of Dubuque, Iowa, Sections 44-83(a)(2) and 44-83 (a)(3)g. Establishing basic
sewer rates for residential and commercial users
Suggested Disposition: Receive and File; Motion B; Motion A
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in t, he 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 and Property Acquisition - Chapter 21.5(1)(c)(j) 2001 Code of Iowa
Jeanne F. Schneider
April 3, 2003
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