12 15 03 Agenda No IconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, DECEMBER 15, 2003
INVOCATION
Reverend DeWayne Teig, Director of Admissions at Wartburg Theological Seminary
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 and Reports Submitted
Airport Commission of 10/27; City Council of 12/1; Downtown Planning Committee of
12/1; Housing Commission of 11/3; Housing Commission Trust Fund Committee of 12/4;
Human Rights Commission of 11/10; Long Range Planning Commission of 11/19;
Mechanical Board of 11/25; Park and Recreation Commission of 12/9; Transit Board of
11/13; Zoning Advisory Commission of 12/3; Zoning Board of Adjustment of 11/20
Proof of publication of City Council Proceedings of 11/10, 11/12 and 11/17 and List of
Claims and Summary of Revenues for Month Ending October 31,2003
Finance Director submitting the Financial Reports for the month ending November 30,
2003.
Suggested Disposition: Receive and File
Notice of Claims/Suits
Mary Metz for vehicle 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: Mary
Metz for vehicle damage
Corporation Counsel recommending deniaJ of the claim of Delbert Keuter for vehicle
damage.
Suggested Disposition: Receive and File; Concur
Human Rights Commission
Communication from Charles Ryan notifying the City Council of his resignation from the
Human Rights Commission.
Suggested Disposition: Receive and File
Greater Dubuque Development Corporation
Communication from Rick Dickinson, Executive Director of the Greater Dubuque
Development Corporation, in opposition to the proposed Warehouse Demolition District.
Suggested Disposition: Receive and File
Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Truck Driver
and Equipment Operator I.
Suggested Dis position: Receive and File; Make a Matter of Record
Quality Place - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Lots 1 through 6
of Quality Place located in the 2700 block of Shiras Avenue as requested by Ted and
Carole Soppe.
RESOLUTION Approving the final plat of Lots 1 through 6 of Quality Place in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ricann Farms, Inc. No. 4 - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Ricann Farms,
Inc. No. 4 on Olde Massey Road (next to 7326 Olde Massey Road) in Dubuque County
as requested by Richard LeConte/Ricann Farms, Inc.
RESOLUTION Approving the final plat of Ricann Farms, Inc. No 4 in Duouque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Four Oaks Community Partnership (cp2) Grant - Subcontract
City Manager recommending approval of a subcontract with Four Mounds Foundation for
the Four Oaks Housing Education and Rehabilitation Training (HEART) Program
Community Partnership (cp2) Grant.
RESOLUTION Authorizing Four Oaks Inc. to subcontract with the Four Mounds
Foundation for the Housing Education and Rehabilitation Training Program (HEART)
Community Partnership Program (cp2) Grant
Suggested Disposition: Receive and File; Adopt Resolution
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that [he
Downtown Master Plan grant has been extended to June 30, 2004.
Suggested Disposition: Receive and File
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10.
11.
12.
13.
14.
15.
16.
Baseball Referendum
Communication from Sister Margaret Ann Willging regarding
referendum and City Manager providing a response.
[he proposed baseball
Suggested Disposition: Receive and File
West 16th Street Residential Parking Permit District
Communication from John E. Kerrigan, President of Loras College, in support of the West
16th Street Residential Parking Permit District.
Suggested Disposition: Receive and File
Two-Hour Parking Along Jackson Street
City Manager recommending that a request for two hour parking in front of 1365 - 1367
Jackson Street be denied.
Suggested Disposition: Receive and File;
Delinquent Sewer Charges
City Manager recommending approval of the submission of delinquent sewer accounts to
the Dubuque County Treasurer in order to establish real property liens for collection of
such past due accounts.
RESOLUTION Authorizing collection of delinquent sewer accounts in accordance with
Section 44-83 and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Delinquent Garbage and Refuse Collection Accounts
City Manager recommending approval of the submission of delinquent garbage and
refuse accounts to the Dubuque County Treasurer in order to establish real property liens
for collection of such past due accounts.
RESOLUTION Authorizing collection of delinquent garbage and refuse collection
accounts in accordance with Section 40-37 and 40-39(d) of the Code of Ordinances of
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Legislative Correspondence
Communication from Senator
Nondiscrimination Act.
Chades E. Grassley regarding the Internet Tax
Suggested Disposition: Receive and File
Iowa League of Cities
Communication from the Iowa League of Cities requesting that City Manager Michael C.
Van Milligen serve on the League's Policy Committee.
Suggested Disposition: Receive and File; Approve
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17.
18.
19.
20.
Code of Ordinances - Supplement No. 59
City Manager recommending adoption of Supplement No. 59 to the City of Dubuque
Code of Ordinances.
RESOLUTION Adopting Supplement No. 59 to the Code of Ordinances of the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Release of Real Estate Mortgage
Corporation Counsel recommending release of the real estate mortgage for Christine E.
Lehnen.
Suggested Disposition: Receive and File; Approve
Business License Refund
Brandon Merrick requesting refund of the cigarette license for Jumpers Sports Bar and
Grill ~n the amount of $50.00.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION Granting the issuance of a permit to sell cigarettes and cigarette papers to
Cue Masters Billiards
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Big 10 Mart
RESOLUTION Granting the issuance of a Class "B" Liquor License to Hoffman House
Restaurant/3100 Club and Holiday nn Dubuque Five Flags; and Class "C" Beer/Liquor
License to The White House, Instant Replay, The Moracco, Michael's Bar X, Cue Master
Billiards, P, yan House, Andaluz and Breezers Pub
Suggested Disposition: AdOpt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
Mary Ransdell v. City of Dubuque
City Manager recommending that a public hearing be set for January 5, 2004 to consider
the vacating of a portion of a public alley north of West 7TM Street pursuant to the
Settlement Agreement with Mary Ransdell.
RESOLUTION Approving plat of proposed vacated portio~ of a public alley in Coriell's
Dubuque
RESOLUTION Approving plat of proposed vacated portion of a public alley in Hil Street
Addition
ORDINANCE Vacating a portion of a public alley north of West 7th Street
RESOLUTION Of intent to dispose of City interest In Lot 15A in Hill Street Addition and
Lot 27A in Coriell's Dubuque in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A;
Public Hearing 1/§/04
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Vacating Petition- Portion of West 32nd Street at John F. Kennedy Road
City Manager recommending that a public hearing be set for January 5, 2004 to consider
a request from Steven and Judy Selchert for the vacating of a portio~ of West 32nd Street
at John F. Kennedy Road.
RESOLUTION Approving plat of proposed vacated portion of West 32nd Street at John F
Kennedy Road
ORDINANCE Vacating a portion of West 32nd Street at John F. Kennedy Road
RESOLUTION Of intent to dispose of City interest in Lot lA of Arbor Estates in the City
of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A;
Public Hearing 1/5/04
Pre-Disaster Mitigation Plan
City Manager recommending that a public hearing be set for January 5, 2004 to consider
approval of an updated Pre-Disaster Mitigation Plan.
RESOLUTION Establishing a public hearing to solicit wdtten and oral comments on the
City's proposed Pre-Disaster Mitigation Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 115104
Downtown Master Plan
Downtown Planning Committee recommending that a public headng be set for February
2, 2004 to consider adoption of the Downtown Master Plan.
Suggested Disposition: Receive and File; Public Hearing 2~2~04
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Human Rights Commission (Three 3-Year Terms to Expire 1/1/07 - Terms of Drummer,
Giesen and Jackson; and One Unexpired 3-Year Term to 1/1/06):
Applicants: Sarah A. Davidson, Patdcia Foster, Judith Haley Giesen, Evelyn E. Jackson,
Robert Nesler, Marty O'Shea
PUBLIC HEARINGS
SUSPEND THE RULES
Highway 52 South - Request to Rezone
Proof of publication on notice of heanng to consider rezoning property located southeast
of Highway 52 South and Highways 61/151 from C-3 General Commercial Distdct to MHI
Modified Heavy Industrial Distdct at the request of Dan Mueller and Zoning Advisory
Commission recommending approval.
Petition and letters in opposition to the proposed rezoning.
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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 southeast of
Highway 61/151 and Highway 52 intersection from C-3 Ge~gral Commercial District to
MHI Modified Heavy Industrial District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
5255 Pennsylvania Avenue - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 5255
Pennsylvania Avenue from C-3 General Commercial District to CS Commercial Service
and Wholesale District as requested by Jim Runde 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 proper~y located at 5255
Penn. sylvania Avenue from C-3 General Commercial District to CS Commercial Service
and Wholesale District
Suggested Disposition: Receive and File; Motion B; MotionA
Tri-State Development - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at the
southwest corner of Seippel Road and Old Highway Road from R-2 Two-Family
Residential District to CS Commercial Service and Wholesale District and CS
Commercial Service and Wholesale Distdct to R-2 Two-Family Residential District as
requested by Tri-State Development and Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Appendix A (the Zo~ ng Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described properly located at the
southwest corner of Seippel Road and Old Highway Road from R-2 Two-Family
Residential District to CS Commercial Service and Wholesale District and CS
Commercial Service and Wholesale District to R-2 Two-Family Residential District
Suggested Dis position: Receive and File; Motion B; Motion A
Vessel Systems - Tax Increment Revenue Bonds
Proof of publication on notice of heanng to consider issuance of not to exceed $140,000
~ urban renewal tax ncrement revenue bonds to support the Vessel Systems, Inc.
project at the Dubuque Industrial Center West and City Manager recommending
approval.
RESOLUTION Instituting proceedings to take additional action for the issuance of not to
exceed $140,000 Urban Renewal Tax Increment Revenue Bonds
RESOLUTION Authorizing and providing for the issuance of $140,000 Urban Renewal
Tax Increment Revenue Bonds. Taxable Sedes 2003. of the City of Dubuque, Iowa, and
providing for the securing of such bonds for the purpose of carrying out an urban renewal
project in the area of the City of Dubuque= Iowa designated as the Dubuque Industrial
Center Economic Develcpment District
Suggested Disposition: Receive and File; Adopt Resolutions
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Riverside Baseball, LLC Lease
Proof of publication on notice of heanng to consider the disposition of real property and
improvements in the Ice Harbor Urban Renewal District by lease to Riverside Baseball,
LLC and City Manager recommend lng approval.
City Manager recommending approval of two minor amendments to the previously
negotiated Riverside Baseball LLC Lease Agreement.
RESOLUTION Determimng that the proposal of Riverside Baseball, LLC to lease
property in the Ice Harbor Urban Renewal District in the Port of Dubuque in the City of
Dubuque, Iowa is in compliance with the terms of the City's offedng for disposition of
such proper~y
RESOLUTION Accepting the proposal from Riverside baseball, LLC for the lease of
properly in the [ce Harbor Urban Renewal District in the Port of Du Duque in the City of
Dubuque, Iowa and approving the lease agreement with Riverside Baseball, LLC for the
lease of the property
Suggested Disposition: Receive and File; Adopt Resolutions
Mediacom Franchise Extension
Proof of publication on notice of hearing to consider a six-month extension of the 9xisting
Mediacom cable franchise and side agreements under the terms currently in effect and
City Manager recommending approval.
ORDINANCE Extending the term of the existing cable franchise agreement and hub site
lease of MCClowa, LLC to June 30, 2004
Suggested Disposition: Receive and File; Motion B; Motion A
Eagle Valley Subdivision Water Main Extension Project
Proof 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
Eagle Valley Subdivision Water Main Extension Project to Fondell Excavating, Inc. in the
amount of $74,897.00.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
Seippel Road Water Main Extension Project
Proof 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
Seippel Road Water Main Extension Project to W.C. Stewart Construction, Inc. in the
amount of $98 104.38.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
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ACTION ITEMS
Adams Company - Economic Development Grant
City Manager recommending approval of an Economic Development Grant Agreement
between the City of Dubuque and the Adams Company concerning the Economic
Development Grant to the Company for the construction of its new facility in Dubuque
Industrial Center West.
RESOLUTION Approving an agreement with the Adams Company to provide an
Economic Development Grant to the Adams Company pursuant to the Development
Agreement between the City of Dubuque and the Adams Company
Suggested Dis position: Receive and File; Adopt Resolution
Bee Branch Moratorium
City Manager submitting the recommendations of the Bee Branch Citizen Advisory
Committee (BBCAC) regarding establishment of a permit moratorium related to the Bee
Branch Creek Restoration Study.
Suggested Disposition: Receive and File; Council
Request to Waive Connection Fees
City Manager recommending denial of a request from John Miller to waive City sewer and
water connection fees and building permit fees for property he wants to develop on Peru
F~oad and Roosevelt Road,
Suggested Disposition: Receive and File; Approve Denial
Spirit of Dubuque [Dubuque River Rides, Inc.) Lease Amendment
City Manager recommending approval of an amendment to the lease agreement with
Walt and Nancy Webster, representing Dubuque River Rides, Inc., to allow for a
restaurant with bar and a gift shop on a new oarge they have brought into the Ice Harbor.
Suggested Disposition: Receive and File; Approve
Fiscal Year 2004 Annual Action Plan - Amendment #2
City Manager recommending approval of the second amendment to the Fiscal Year 2004
Annual Action Plan to reallocate funds.
RESOLUTION Approving an amended and restated Fiscal Year 2004 (Program Year
2003) Annual Plan - Amendment 2 for Community Development Block Grant (CDBG)
funds
Suggested Disposition: Receive and File; Adopt Resolution
IA 32 (Northwest Arterial) Speed Limits
City Manager recommending approval of a change in the speed limit on IA 32 (Northwest
Arterial) from US 20 to the northerly limits from 45 miles per hour to 50 miles per hour at
the request of the Iowa Department of Transportation.
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ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
revising Subsection (c) of Section 32-231 thereof providing for the establishment of
speed limits on the Northwest Arterial (IA 32)
Suggested Disposition: Receive and File; Motion B; Motion A
Stop Signs at Jefferson Street and Spruce Street
City Manager recommending approval of the installation of stop signs for traffic o~
Jefferson Street at Spruce Street.
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop
signs on Jefferson Street at Spruce Street
Suggested Disposition: Receive and File; Motion B; Motion A
Bus Loading/Unloading and Parking Policy at Port of Dubuque
City Manager recommending approval of the implementation of a bus loading/unloading
and parking policy at the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
St
Holiday Refuse Collection Allowance
City Manager recommending approval of the distribution of one free garbage pickup
sticker to each of the City's refuse customers.
Suggested Disposition: Receive and File; Approve
10.
Fiscal Year 2005 Budget Hearing Schedule
City Manager submitting the revised budget hearing schedule for Fiscal Year 2005.
Suggested Disposition: Receive and File; Approve
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
m~crophone 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
Property Acquisition - Chapter 21.5(1 )(j) 2003 Code of Iowa
Jeanne F. Schneider
December 11, 2003
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