5 19 03 Agenda No IconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. - DINNER - LIBRARY ROTUNDA
5:30 P.M. - SPECIAL MEETING - FIVE FLAGS CIVIC CENTER STUDY
6:30 P.M. - REGULAR MEETING
LIBRARY AUDITORIUM
MONDAY, MAY 19, 2003
INVOCATION
Father Craig Welbaum, Rector, St. John's Episcopal Church
PROCLAMATION
Poppy Days (May 23 and 24, 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 May 5 and 8; Electrical Board of May 5; Enterprise Zone Commission of
May 7; Library Board of Trustees of March 27; Zoning Advisory Commission of April 2;
Zoning Board of Adjustment of April 24
Printed Council Proceedings for month of January, 2003
Proof of publication of Council Proceedings for April 21,2003
Finance Director submitting the Financial Reports for the month ending April 30, 2003.
Suggested Disposition: Receive and File; Approve as Printed
Notice of Claims/Suits
Crestar Mortgage Corporation/Sun Trust (VA) vs. Kent J. Blakeman and Housing
Services Department; Becky Hanson for property damage; Miller Logging, Inc. for
property damage
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:
William Miller for property damage
Corporation Counsel recommending that the claim of Jennifer Sheldon for seizure of
property be referred to the Dubuque County Clerk of Court; and the claim of Delmar M.
Stevens for vehicle damage be referred to the Iowa Department of Transportation.
Corporation Counsel recommending settlement of the claim of Melvin Leibold for property
damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
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Citizen Communications
Communication of Donald Pfohl and Clarence P. Pfohl requesting to acquire a portion of
City-owned property adjacent to 3501 Asbury Road.
Communication of Werner Hellmer requesting information regarding whether the Rubioff
Development Group, Inc. shopping mall (Asbury Plaza) is in compliance with any and all
requirements concerning installation of a water retention basin.
Suggested Disposition: Receive and File; Refer to City Manager
Federal Legislative Communications
Communication of City Manager to Senator Charles Grassley thanking him for including
$20 billion in his legislation to assist states with the current economic downturn.
Communication of City Manger to Congressman Jim Nussle requesting that he support
Senator Grassley's legislation.
Communication of City Manger to Senator Tom Harkin requesting that he support
Senator Grassley's legislation.
Suggested Disposition: Receive and File
State Legislative Communication
Communication of City Manager to local legislators requesting their support of a proposal
being considered for the special session of the Iowa State Legislature that would help the
City avoid $1.2 million in cuts to the Fiscal Year 2004 budget.
Draft letter from Thomas G. Bredeweg, Executive Director of the Iowa League of Cities,
to Governor Vilsack regarding several issues.
Copy of press release from the Senate Democratic Leader on federal assistance to cities.
in Des Moines Register article members of Republican Majodty caution against counting
on any federal help to cover cuts to local governments.
Suggested Disposition: Receive and File
Jacobson's Inc. Lease
Communication from John C. O'Connor, representing Jacobson's Inc., requesting that
the lease between Jacobson's Inc. and the City of Dubuque be extended through
September 14, 2005.
Suggested Disposition: Receive and File; Approve
Dubuque Community Schools
Communication of Thomas Determan, Dubuque Community Schools, submitting the
results of Sixth and Seventh Grade students' work at the Young Citizens' Forum held on
March 19, 2003.
Suggested Disposition: Receive and File
Family Self-Sufficiency and Homeownership Program Coordinators
City Manager recommending approval of the submittal of an application to the U.S.
Department of Housing and Urban Development (HUD) for funds to renew the Family
Self-Sufficiency Program (FSS) Coordinator position and for a contract with ISU County
Extension to provide homeownership counseling to FSS Program participants.
Suggested Disposition: Receive and File; Approve
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Fiscal Year 2003 Annual Action Plan - Amendment ~
City Manager recommending approval of proposed changes in the City's Community
Development Block Grant (CDBG) FY 2003 Annual Action Plan due to the anticipated
increase in program income.
RESOLUTION Approving Amendment 4 to the Fiscal Year 2003 (Program Year
2002) Annual Action Plan for Community Development Block Grant Funds
Suggested Disposition: Receive and File; Adopt Resolution
Mediacom 2002 Annual Report
Communication from Julien D'Ancona, Director of Accounting for Mediacom, submitting
financial reports covering operational and financial conditions as of December 31, 2002.
Suggested Disposition: Receive and File
Northeast Iowa School of Music for Uptown Recreation Programs - Fiscal Year
2004 Agreement
City Manager recommending approval of the grant agreement with the Northeast Iowa
School of Music to provide music lessons in Fiscal year 2004 as part of the Uptown
Recreation Program.
Suggested Disposition: Receive and File; Approve
Fiscal Year 2003 - ISU Extension Services for Uptown Recreation Programs -
Agreement
City Manager recommending approval of the grant agreement with the SU Extension
Services to provide summer programs from June 9th through June 30t~ as part of the
Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve
Fiscal Year 2004 - ISU Extension Services for Uptown Recreation Programs -
Agreement
City Manager recommending approval of the grant agreement with the ISU Extension
Services to proVide summer programs in Fiscal Year 2004 as part of the Uptown
Recreation Program.
Suggested Disposition: Receive and File; Approve
Agreement - Dubuque Museum of Art for Uptown Recreation Programs - FY 2003
City Manager recommending approval of the grant agreement with the Dubuque Museum
of Art to provide summer art programs from June 9th through June 30th as part of the
Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve
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Agreement - Dubuque Museum of Art for Uptown Recreation Programs - FY 2004
City Manager recommending approval of the grant agreement with the Dubuque Museum
of Art to provide summer art programs in Fiscal Year 2004 as part of the Uptown
Recreation Program.
Suggested Disposition: Receive and File; Approve
Four Mounds Foundation for Summer Day Camp Program - FY 2003 Agreement
City Manager recommending approval of the grant agreement with the Four Mounds
Foundation to provide the summer day camp program from June 9th through June 30th as
part of the Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve
Four Mounds Foundation for Summer Day Camp Program - FY 2004 Agreement
City Manager recommending approval of the grant agreement with the Four Mounds
Foundation to provide the summer day camp program in Fiscal Year 2004 as part of the
Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve
Riverwalk 4th Addition - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Riverwalk 4th
Addition at East 5th and Bell Street as requested by the City of Dubuque.
RESOLUTION Approving the final plat of Riverwalk 4th Addition in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Storage and Transfer - Minor Final Plat of Liebe's Subdivision No. 3
Zoning Advisory Commission recommending approval of the minor final plat of Liebe's
Subdivision No. 3 as requested by Dubuque Storage and Transfer/Patrick Tobin for
property located at 3040 Elm Street.
RESOLUTION Approving the final plat of Liebe's Subdivision No. 3 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Community School District - Major Final Plat
Zoning Advisory Commission recommending approval of the major final plat of Lot 1, Lot
2, Lot 16, Lot 17, westerly 50 feet of Lot 18, east 50 feet of Lot 18, and Lot lA in
Columbia Addition as requested by the Dubuque Community School District.
RESOLUTION Approving the plat of Bryant School Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Heritage Trail Extension Grant Agreement
City Manager recommending approval of a grant agreement with the iowa Department of
Transportation for Statewide Transportation Enhancement Funds for the extension of
Heritage Trail from the Heron Pond Wetlands Trail to the Dubuque Jaycees Trail;
RESOLUTION Authorizing a grant agreement for iowa Department of Transportation
Statewide Transportation Enhancement 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
Interstate Power Rate Case
City Manager submitting the conclusion of the Interstate Power Rate Case.
Suggested Disposition: Receive and File
Platinum Hospitality - Certificate of Completion
City Manager recommending approval of a Certificate of Completion for Platinum
Holdings, LLC, acknowledging completion of its obligations to construct the minimum
improvements as required in the Development Agreement related to the Grand Harbor
Resort and Waterpark project.
Suggested Disposition: Receive and File
Annexation Study Update - Consultant Recommendation
City Manager recommending approval of a contract with Veenstra & Kimm, Inc. to update
the City's Annexation Study.
Suggested Disposition: Receive and File; Approve
Ice Harbor Pump Replacement Project
City Manager recommending acceptance of the Ice Harbor Pump Replacement Project
in the final contract amount of $174,550.00.
RESOLUTION Accepting improvement
RESOLUTION Approving final contact amount
Suggested Disposition: Receive and File; Adopt Resolutions
Historic Preservation Commission
Communication from Christopher Wand, Chairperson of the Historic Preservation
Commission, advising that Commission Member Chris Schoepner, representative from
the Cathedral Historic Preservation District, has decided not to reapply for a second term.
Suggested Disposition: Receive and File
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DMATS Policy Board
Communication of the City Manager to the DMATS Policy Board requesting that
Economic Development Director Bill Baum be appointed as a proxy anytime two Council
Members or the City Manager are not in attendance at DMATS Policy Board meetings.
Suggested Disposition: Receive and File; Approve
Business License Refund
Request of Liquor Depot of Dubuque for a refund of their Class C Beer Permit in the
amount of $150.00
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION Granting the issuance of a Class "C' Beer Permit to Hy-Vee Food Store
#1, Casey's General Store #2421, and Casey's General Store #2420
RESOLUTION Granting issuance of a Class "A" (Club) Liquor License to Dubuque Golf
and Country Club; Class "C" Beer/Liquor License to Stonewall/Bricktown/Blackwater Grill,
Dempsey's/Molly's Pub and Grub, Joyce's Tugboat (Outdoor Service), Breaktime Bar
and Grill, Clarke College, and Denny's Lux Club; Special Class "C" Liquor License to
Four Seasons Buffet; and Class "B" Wine Permit to Hy-Vee Food Store #1
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Petition - Railroad Street in Centre Grove Addition
City Manager recommending that a public hearing be set for June 2, 2003 to consider a
request from Flint Drake, representing the estate of Edward J. Zalaznik, for the vacating
of Railroad Street in Centre Grove Addition.
RESOLUTION Approving plat of proposed vacated Railroad Street in Centre Grove
Addition
ORDINANCE Vacating Railroad Street in Centre Grove Addition
RESOLUTION of Intent to dispose of City interest in Lots 21A and 22A of Centre Grove
Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/2/03
Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West
City Manager recommending that a public hearing be set for June 2, 2003 to consider the
disposition of Lots 7 and 8 in Dubuque Industrial Center West 2nd Addition to Vessel
Systems, Inc. for the purpose of constructing a 31,000 square foot manufacturing facility
and approval of a Development Agreement with Vessel Systems, Inc..
RESOLUTION of Intent to dispose of Lots 7 and 8 in the Dubuque Industrial Center West
2nd Addition by sale to Vessel Systems, Inc.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/2/03
Port of Dubuque Recognition Wall - Initiate
City Manager recommending initiation of the public bidding process for the Port of
Dubuque Recognition Wall Project and that a public hearing be set for June 16, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on the plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
.6/16/03
West Locust Street Manhole Replacement Project - Initiate
City Manager recommending initiation of the public bidding process for the West Locust
Street Manhole Replacement Project and that a public hearing be set for June 16, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on the plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/16/03
PUBLIC HEARINGS
SUSPEND THE RULES
QHQ Properties - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located south of
Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General
Commercial zoning district at the request of QHQ Properties and Zoning Advisory
Commission recommending approval, with conditions.
Communication from Kenneth L. Buesing, on behalf of QHQ Properties, requesting that
this item be tabled to the June 2, 2003 meeting.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located south of
Holliday Ddve, west of the Northwest Arterial, from AG Agricultural District to C-3 General
Commercial zoning district, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
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3280 Pennsylvania Avenue - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 3280
Pennsylvania Avenue from R-1 Single-Family Residential District to C-2 Neighborhood
Shopping Center District at the request of Steve and Judy Selchert 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 3280
Pennsylvania Avenue from R-1 Single-Family Residential District to C-2 Neighborhood
Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A
Kennedy Mall, Ltd - 555 John F. Kennedy Road - Amend PUD
Proof of publication on notice of hearing to consider amending the Planned Unit
Development District for property located at 555 John F. Kennedy Road to add a 30,008
square foot detached retail store (Best Buy) at the southeast corner of the mall site at the
request of Kennedy Mall, Ltd./David M. DeChristofaro 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 the Kennedy Mall PUD Planned
Unit Development with a PC Planned Commercial Designation and adopting an amended
Conceptual Development Plan
Suggested Disposition: Receive and File; Motion B; Motion A
Hy-Vee, Inc./Rubloff Development Group, Inc. - Amend PUD
Proof of publication on notice of hearing to consider amending the list of permitted uses
for the Asbury Plaza Planned Commercial District to include a convenience store and
carwash at the request of Hy-Vee, Inc./Rubloff Development Group, Inc., and Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances for hereinafter described property located at the northwest corner of
Asbury Road and the Northwest Arterial to amend Ordinance No. 44-00 that established
the PUD Planned Unit Development District for Asbury Plaza and adopting an amended
list of permitted uses
Suggested Disposition: Receive and File; Motion B; Motion A
Vacating Petition - Utility Easement (Plaza Court)
Proof of publication on notice of headng to consider a request from Steve Schmitz and
Michael White for the vacating of an eight-foot wide utility easement in the City of
Dubuque and City Manager recommending approval.
RESOLUTION Disposing of interest and vacate utility easement over the balance of Lot 4
of Plaza Court in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Quebecor World Dubuque, Inc. Development Agreement - Tax Increment Financing
Proof of publication on notice of hearing to consider the issuance of tax increment
revenue obligations for Quebecor World Dubuque, Inc., and the execution of a
Development Agreement and City Manager recommending approval.
RESOLUTION Authorizing the execution of a Development Agreement with Quebecor
Wodd Dubuque, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Development Agreement - Adams Company
Proof of publication on notice of hearing to consider a Development Agreement with the
Adams Company for the purchase of their property in the Port of Dubuque and relocation
of the company to the Dubuque Industrial Center West and City Manager recommending
approval.
Communication from City Manager to John Hendry, The Adams Company, regarding the
Dubuque Industrial Center West maintenance assessments.
RESOLUTION Authorizing the execution of a Development Agreement with The Adams
Company
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Area Industrial Development Corporation
Proof of publication on notice of hearing to consider the issuance of tax increment
revenue obligations for the Dubuque Area Industrial Development Corporation and the
execution of a First Amendment to the Development Agreement relating thereto and City
Manager recommending approval.
RESOLUTION Authorizing the execution of a First Amendment to Development
Agreement with Dubuque Area Industrial Development Corporation
Suggested Disposition: Receive and File; Adopt Resolution
Heartland Financial USA, Inc.
Proof of publication on notice of hearing to consider the issuance of tax increment
revenue obligations for Heartland Financial USA, Inc., and the execution of a
Development Agreement and City Manager recommending approval.
RESOLUTION Authorizing the execution of a Development Agreement with Heartland
Financial USA, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Fiscal Year 2003 Budget Amendment
Proof of publication on notice of hearing to consider a second amendment to the Fiscal
Year 2003 budget and City Manager recommending approval of the amendment.
RESOLUTION Amending the current budget for the fiscal year ending June 30, 2003
Suggested Disposition: Receive and File; Adopt Resolution
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Iowa Street Ramp Skywalk Improvement 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 the contract for
the Iowa Street Ramp Skywalk Improvement Project to Dubuque Glass Company in the
amount of $31,313.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Dubuque Glass Company
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
Timothy Wardle Claim
Communication from Corporation Counsel advising that Timothy Wardle wishes to
address the Council regarding the denial of his claim against the City for vehicle damage.
Suggested Disposition: Receive and File; Council
Fiscal Year 2004 Community Partnership (cp2) Program
City Manager recommending approval of the recommendation of the Community
Development Advisory Commission for allocation of Community Partnership Program
(cp2) funds.
RESOLUTION Authorizing the award of Community Partnership Program (cp2) Funds for
Fiscal Year 2004
Suggested Disposition: Receive and File; Adopt Resolution
Phase III Architectural/Historic Survey
City Manager submitting the draft report for the Phase III Architectural/Historic Survey
and requesting City Council review and comment on the draft report.
Suggested Disposition: Receive and File; Council
Bee Branch Alignment Study - Consultant Selection
City Manager recommending approval of the selection of Camp Dresser & McKee to
provide engineering and design services for the Bee Branch Alignment Study at a cost of
$249,844.
Suggested Disposition: Receive and File; Approve
Carter Road Detention Basin - Consultant Selection
City Manager recommending approval of a contract with Veenstra and Kimm, Inc. in the
amount of $108,500 for consultant services for the Carter Road Detention Basin.
Suggested Disposition: Receive and File; Approve
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Wayfinding Sign Program
City Manager submitting the final design for the Highway signs and the revised designs
for the College Grendview, Port of Dubuque, and West End Tourism Districts for the
Wayfinding Sign Program.
Suggested Disposition: Receive and File; Approve
Community Development Advisory Commission Reorganization
City Manager recommending approval of an amendment to the Code of Ordinances to
change the method of selection of members to the Community Development Advisory
Commission.
ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa, Chapter 15,
Community Development Section 15-46 relating to membership of the Community
Development Advisory Commission
Suggested Disposition: Receive and File; Motion B; Motion A
America's River Corporation
City Manager recommending approval of the City's participation as a charter and
permanent board member for the America's River Corporation, the City Manager serving
as the City's representative and the expenditure of up to $7,500 as a portion of startup
costs for the Corporation.
Suggested Disposition: Receive and File; Approve
Vessel Systems - CEBA Application
City Manager recommending approval of a Community Economic Betterment Account
(CEBA) program application on behalf of Vessel Systems to the Iowa Department of
Economic Development to help fund an expansion program.
RESOLUTION Authorizing the filing of a Community Economic Betterment Account
(CEBA) application on behalf of Vessel Systems, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Fiscal Year 2004 Budget Reduction
City Manager submitting recommer~dations on department targets for expense reductions
and revenue enhancements and identifying a process to balance the Fiscal Year 2004
budget, as required with State revenue reductions and health insurance cost increases.
Communications from RSVP, Dubuque Area Labor Management Council, the Dubuque
Humane Society and Substance Abuse Services Center regarding their Purchase of
Service Agreements.
Suggested Disposition: Receive and File; Approve
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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 dearly. 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
May 15, 2003