4 21 03 Agenda No 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 headng 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 ASKER
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BY COUNCIL~ 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 21, 2003
INVOCATION
Sister Paula Maloy, SVM
PROCLAMATIONS
Commendation of Fire Rescue
Sexual Assault Awareness Month (April, 2003)
Community Development Week (April 21 - 27, 2003)
Arbor Day (April 26, 2003)
?Make-A-Wish Week (April 27 - May 3, 2003)
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.
Minutes Submitted
City Council of 4/7; Civil Service Commission of 3/11 and 3/27; Environmental Stewardship
Advisory Commission of 4/1; Five Flags Commission of 2/17; Housing Commission of 3/25;
Housing Commission Trust Fund of 3/25; Human Rights Commission of 3/10; Zoning
Advisory Commission of 3/5 and 4/2; Zoning Board of Adjustment of 3/27
Proof of publication of City Council Proceedings of 3/17
Finance Director submitting the Financial Reports for the month ending March 31, 2003.
Suggested Disposition: Receive and File
Notice of Claims/Suits
Holy Ghost Parish Credit Union for property damage; Progressive Concrete Systems LLC
for payment for work performed;
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
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Wagner Subdivision - Final Plat
Zoning Advisory Commission recommending
Subdivision located at 2711 Brunskill Road.
approval of the final plat of Wagner
RESOLUTION Approving the final plat of Wagner Subdivision in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Five Flags Arena HVAC System
City Manager recommending the approval of Shive Hattery Engineers to design the Five
Flags Arena HVAC System replacement.
Suggested Disposition: Receive and File; Approve
Quarterly Investment Report
City Manager submitting the quarterly investment report for the period from January 1,2003
through March 31,2003.
Suggested Disposition: Receive and File
Purchase of Service Agreements
Communication from the City Manager regarding the funding of various Purchase of Service
agreements.
Suggested Disposition: Receive and File
Dubuque Area Lifetime Center - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with the
Dubuque Area Lifetime Center.
Suggested Disposition: Receive and File; Approve
St. Stephens Food Bank - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with St.
Stephens Food Bank in the amount of $1,000.
Suggested Disposition: Receive and File; Approve
Washington Neighborhood Tool Library - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with the
Washington Neighborhood Tool Library.
Suggested Disposition: Receive and File; Approve
Project Concern - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with Project
Concern for Information and Referral in the amount of $3,500 and Child Care Resource and
Referral in the amount of $8,576.
Suggested Disposition: Receive and File; Approve
Greater Dubuque Development Corporation - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with the Greater
Dubuque Development Corporation in the amount of $127,500.
Suggested Disposition: Receive and File; Approve
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19.
Chamber of Commerce Convention and Visitors Bureau - Purchase of Service
Agreement
City Manager recommending approval of a Purchase of Service Agreement with the
Chamber of Commerce Convention and Visitors Bureau.
Suggested Disposition: Receive and File; Approve
Dubuque Main Street - Purchase of Service Agreement
City Manager recommending approval of a Purchase of Service Agreement with Dubuque
Main Street.
Suggested Disposition: Receive and File; Approve
United States Senator Charles Grassley
Communication from Senator Charles Grassley in response to the City's inquiry about the
availability of federal funds for the City of Dubuque.
Suggested Disposition: Receive and File
U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development regarding
the City's Community Development Block Grant Program.
Suggested Disposition: Receive and File; Refer to City Manager
Legislative Correspondence
Communication of City Manager Michael C. Van Milligen, dated March 6, 2003, to local
legislators regarding the gaming tax lawsuit.
Communication of City Manager Michael C. Van Milligen, dated April 9, 2003, to local
legislators regarding the gaming tax issue.
Suggested Disposition: Receive and File
Dubuque Arboretum and Botanical Gardens
Communication from Jack Frick, President of the Dubuque Arboretum and Botanical
Gardens Board of Directors, requesting that no parking be allowed on the south side of
Arboretum Drive.
Suggested Disposition: Receive and File; Refer to City Manager
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Mechanic.
Suggested Disposition: Receive and File; Make a Matter of Record
PPEL Revenue Requirements
City Manager advising that the Fiscal Year 2004 Physical Plant and Equipment Levy (PPEL)
TIF Revenue Certification has been submitted to Dubuque County Auditor Denise Dolan.
Suggested Disposition: Receive and File
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25.
26.
Notice of Bankruptcy Filing
Notice 'of bankruptcy filing and final hearing on certain motions and applications in the
matter of'Eagle Food Centers, Inc.
Suggested Disposition: Receive and File
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
City's Local Housing Assistance Program Contract has been amended, as requested.
Suggested Disposition: Receive and File
Southwest Arterial Update
City Manager submitting information provided to our Congressional Delegation concerning
the need for additional federal funding to finance the Iowa 32 (Southwest Arterial) project
and advising that~ Congressman Nussle has submitted a $41 million request for such
funding: ,~
Suggested Disposition: Receive and File
Dubuque Bank and Trust
Communication from Dubuque Bank and Trust requesting approval to construct an
underground walkway on public right-of-way to connect the main bank with the "Old Walsh
Building" which they are renovating.
Suggested Disposition: Receive and File; Refer to City Manager
Department of the Army - Corps of Engineers
Communication from Gary Loss of the Rock Island Corps of Engineers to Donna Smith,
Dubuque County Board of Supervisors, regarding a special study along the Couler Valley
reach of the Little Maquoketa River in Dubuque County.
Suggested Disposition: Receive and File
Business License Refund
Request of Rod Christ, Mama Cassetti's Pasta, for a refund of their Beer and Liquor License
in the amount of $168.75.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION Granting the issuance of two new permits to sell cigarettes and cigarette
papers within the City to Bodine's LLC and Pare Food Mart
RESOLUTION Granting issuance of a Class "B" Beer Permit to Music N More Promotions -
Tents A and B; and Class "C" Beer Permit to McCann Service, Tobacco Outlet #504 and
Paro Food Mart
RESOLUTION Granting the issuance of a Class "A" Liquor License to Dubuque Order of the
Moose; and Class "C" Beer/Liquor License to Bodine's, The Busted Lift, Central Tap, Shot
Tower Inn, Knights of Columbus, A & B Tap, and Easy Street
Suggested Disposition: Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
Port of Dubuque - Vacate
City Manager recommending that a public hearing be set for May 5, 2003 to consider the
vacation of certain streets and alleys in the Port of Dubuque, north and west of Bell Street
and the Brewery to the railroad right-of-way.
RESOLUTION Approving the plat of proposed vacated portion of Wall Street, Washington
Street, Cypress Street, and alleys in Blocks 20 and 28, Dubuque Harbor Improvement
Company Addition
RESOLUTION Approving plat of proposed vacated portion of the Fourth Street Extension,
Dubuque Harbor Improvement Company Addition
RESOLUTION Apl~oving plat of proposed vacated portion of Bell Street and alley in Block
11, Dubuque Harbor Improvement Company Addition
RESOLUTION Approving plat of proposed vacated portion of Fifth and Sixth Streets,
Dubuque Harbor Improvement Company Addition
RESOLUTION Approving plat of proposed vacated portion of the Fourth Street Extension,
Wall Street, Market Street, Pine Street, and Lot 2 of Lot 20 and alley in Block 26, Dubuque
Harbor Improvement Company Addition
RESOLUTION Approving plat of proposed vacated portion of Wall Street, Washington
Street, and alleys in Blocks 21 and 27, Dubuque Harbor Improvement Company Addition
ORDINANCE Vacating a portion of Bell Street and alley in Block 11, Dubuque Harbor
Improvement Company Addition
ORDINANCE Vacating a portion of the Fourth Street Extension, Dubuque Harbor
=Improvement Company Addition
ORDINANCE Vacating a portion of Fifth and Sixth Streets in Dubuque Harbor Improvement
Company Addition
ORDINANCE Vacating a portion of the Fourth Street Extension, Wall Street, Market Street,
Pine Street an Lot 2 of Lot 20 and alley in Block 26 in Dubuque Harbor Improvement
Company Addition
ORDINANCE Vacating a portion of Wall Street, Washington Streets, and alleys in Blocks 21
and 27 in Dubuque Harbor Improvement Company Addition
ORDINANCE Vacating a portion of Wall Street, Washington Street, Cypress Street and
alleys in Blocks 20 and 28 in Dubuque Harbor Improvement Company Addition
RESOLUTION of Intent to dispose of City interest in Lots N, O, P, Q, R, S, T, U, and V of
Dubuque Harbor Improvement Company Addition in the City of Dubuque, Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/5/03
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Fiscal Year 2003 Second Budget Amendment
City Manager recommending that a public hearing be set for May 19, 2003 to consider the
second amendment to the Fiscal Year 2003 Budget.
RESOLUTION Directing the City Clerk to publish proposed amendment to the
Fiscal Year 2003 Budget and date of public hearing
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/19/03
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following Board:
Housing Code Appeals Board (Two 3-Year Terms to Expire 1/11/06)
Applicant: Ben Durley
Appointments to the following Commission:
Mechanical Code Board (Two 3-Year Terms to Expire 3/16/06 ~ Terms of Geisler and
Willenborg)
Applicants: Todd Geisler and Harlan J. Willenborg
PUBLIC HEARINGS
SUSPEND THE RULES
Royal Oaks Development - Rezoning Request
Proof of publication on notice of hearing to consider a request from Royal Oaks
Development/A.J. Spiegel to rezone property located at the end of Rhomberg Avenue
(former Tollbridge Inn Restaurant) from CR Commemial Recreation Distdct to PUD Planned
Unit Development District and Zoning Advisory Commission recommending approval.
Communications of Richard J. Lynch and Evelyn Brunskill in opposition to the proposed
rezoning at 2800 Rhomberg Avenue.
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
Suggested Disposition: Receive and File; Motion B; Motion A
Wayne Stewart Property - Rezoning Request
Proof of publication on notice of hearing to consider a request from Wayne Stewart and Flint
Drake to rezone property located at the southwest corner of Old Highway Road and Seippel
Road from R-1 Single-Family residential District and County M-lc to R-2 Two-Family
Residential District, CS Commercial Service and Wholesale District and LI Light Industrial
District concurrent with annexation of the west twenty acres 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 8000 Old Highway
Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District and
CS Commercial Service and Wholesale District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
2900 Dodge Street - Rezoning Request
Proof of publication on notice of headng to consider a request from Theisen's Inc. to rezone
property located at 2900 Dodge Street from C-3 General Commercial District to PUD
Planned Unit Development District with a PC Planned Commercial zoning designation 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 2900 Dodge Street
from C-3 General Commercial District to PUD Planning Unit Development District with PC
Planned Commercial District Designation and adopting a Conceptual Development Plan
Suggested Disposition: Receive and File; Motion B; Motion A
Key Gate Center No. 2 - Rezoning Request
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 C-3 General Commercial zoning 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 southeast of Highway
61/151 and Highway 52 intersection from PUD Planned Unit Development with a PR
Planned Residential District designation to C-3 General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
Development Moratorium - Proposed Southwest Arterial Corridor
Proof of publication on notice of hearing to consider an amendment to the Code of
Ordinances and Subdivision Regulations regarding a development moratorium in the
proposed Southwest Arterial Corridor and Zoning Advisory Commission recommending
approval.
City Manager recommending adoption of the revised area submitted by the Iowa
Department of Transportation for the Development Moratorium in the proposed 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 extend a moratorium for site plan and rezoning applications in
the Southwest Arterial Corddor
ORDINANCE Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code
of Ordinances by amending Section 42-16, to extend a moratorium for subdivision plats in
the Southwest Arterial Corridor
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Suggested Disposition: Receive and File; Motion B; Motion A
Grants of Easement - Alliant Energy
Proof of publication on notice of hearing 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 Byrnes Subdivision which is the lot upon which Usha Park is located
and City Manager recommending approval.
RESOLUTION Disposing of an interest under, over, and across a portion of Lot 1 Heartland
Place and Lot 1-2-1 Brynes Subdivision, Dubuque, Iowa, by the issuance of easements to
Alliant Energy (Interstate Power and Light Company)
Suggested Disposition: Receive and File; Adopt Resolution
Fiber Optics Connection
Proofs of publication on notice of hearing on plans and specifications and notice to bidders
on the receipt of bids for the Fiber Optics Connection Between City Network and Port of
Dubuque, and City Manager recommending award of the contract to Volkens Excavating in
the amount of $12,332.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Volkens Excavating
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
Grand River Center - Logo Design
City Manager recommending approval of the logo design for the Grand River Center.
Suggested Disposition: Receive and File
Wayfinding Signage
City Manager recommending approval of design alternatives for the Wayfinding Sign
Program.
Suggested Disposition: Receive and File; Approve
CarteGraph Development Agreement
City Manager recommending approval of various opportunities to assist CarteGraph
Systems, inc. in obtaining the job creation goals agreed to in a 1999 State of iowa CEBA
award and a Development Agreement between the City, Horizon Development Group, LLC
(property developer) and CarteGraph Systems, Inc. (employer).
Suggested Disposition: Receive and File; Approve
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Brewery' Redevelopment - Summary of Proposal
City Manager recommending approval to draft a formal Development Agreement with The
Alexander Company regarding the redevelopment of the former Dubuque Star Brewery
building.
Suggested Disposition: Receive and File; Approve
Dubuque Museum of Art
City Manager recommending approval of an amendment to the Dubuque Museum of Art
loan agreement to defer interest payments on their Downtown Rehabilitation loan for one
year.
Suggested Disposition: Receive and File; Approve
Northeast Iowa Community College
City Manager recommending approval of a request from Northeast Iowa Community College
to consider cost sharing a feasibility study for a business incubator in downtown Dubuque.
Suggested Disposition: Receive and File; Approve
Port of Dubuque Sign and Landscaping and Recognition Wall
City Manager recommending approval of the preliminary design and cost estimate for
landscaping and signage for the parking lot green space at the intersection of Bell and Third
Street and for the recognition wall along the landside of the floodwall outside of the
American Trust River's Edge Plaza.
Suggested Disposition: Receive and File; Approve
Diamond Jo Lease Agreement
City Manager recommending approval of a one-year lease agreement with Peninsula
Gaming Company, LLC for the patio area south of the Portside Building to allow the
.Diamond Jo to provide outdoor entertainment this summer.
RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Diamond Jo Casino
(Outdoor Sale)
Suggested Disposition: Receive and File; Approve Lease Agreement; Adopt
Resolution
Bluff Land Protection Measures (Tabled from March 17, 2003 Meeting)
City Manager submitting information regarding Bluff Land Protection Measures.
Suggested Disposition: Receive and File; Council
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
April 17, 2003
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