1 5 04 Agenda with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. - DOWNTOWN MASTER PLAN
6:30 P.M. - REGULAR MEETING
LIBRARY AUDITORIUM
MONDAY, JANUARY 5, 2004
Downtown Master
Plan Ltr
INVOCATION
Father Robert Vogl, Professor-Emeritus of Religious Studies, Loras College
Swearing in of Council Member At-Large Ann Michalski
Council Member Second Ward Roy Buol
Council Member Fourth Ward Patricia Cline
Swearing in of Mayor Pro-Tem Dan Nicholson
PROCLAMATIONS
Martin Luther King, Jr. Days (January 18 and 19, 2004)
Mentoring Month (January, 2004)
Mercy Year in Dubuque (2004)
Mar~in Luther King ~lentoring Month Mercy Year
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 [rom
the Consent Agenda for separate discussion and consideration.
Minutes and Reports Submitted
Airport Commission of 12/8; Building Code Board of Appeals of 12/11; Cable TV
Regulatory Commission of 12/10; Cable TV Telepmgramming Commission of 12/2; City
Council of 12/15; Five Flags Commission of 11/17; Housing Code Appeals Board of
11/18; Joint City/County Planning Committee
Carnegie Stout Public Library Board of Trustees Update
Pdnted City Council Proceedings for November, 2004
Proof of publication of City Council Proceedings of December 1,2003
Suggested Disposition: Receive and File; Approve as Printed
Airport Bldg Bd Code of City Council Cable Regulatory Cable Hsg Code Appeals Bc
Appeals Commission Teleprogramming
.Joint Planning Council Proceedings Library
Notice of Claims/Suits
Paul Cesaretti for property damage; Jim Green for vehicle damage; Julie Heiderscheit
for personal injury; Paul Otterbeck 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: Julie
Heiderscheit for personal injury; Peter Otterbeck for vehicle damage
Corporation Counsel recommending settlement of the claim of Jim Green for vehicle
damage and Paul Cesaretti for property damage and directing the Finance Department
to issue payment.
Corporation Counsel recommending denial of the claim of Robert Hallahan for property
damage.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
Claims - ICAP Claims - Settled Claims - Denied
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State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the State Historic
Preservation Bureau will be funding the City's Certified Local Government Grant
Application in the amount of $14,437.50 for Phase V of the architectural/historical
survey.
Suggested Disposition: Receive and File
Historical Sodety Ltr
Scenic Byways Grant Application
City Manager recommending acceptance of the construction contract for the National
Scenic Byways Grant for Design and Construction of Exhibits for the Interpretation of
the Great River Road at the National Mississippi River Museum and Aquarium Project,
as completed by Scharff Weisberg Systems Integration Inc., in the final contract amount
of $735,813.
RESOLUTION Accepting improvement
RESOLUTION Final estimate
Suggested Disposition: Receive and File; Adopt Resolution
Byways - MVH Memo Byways - Staff Memo Byways - Resolution i~yways - Resolution
#1 #2
Certified Local Government Annual Report
City Manager submitting the 2003 Certified Local Government (CLG) Annual Report for
City Council's information.
Suggested Disposition: Receive and File
CLG Report - HVM CLG Report - Staff CLG Annual Report HPC Work Plan CLG Report - Backup
Memo Hemo Matedal
Preserve America Communities Award Application
City Manager recommending approval of a Preserve Amedca Communities 2003/2004
Award Application indicating the City's commitment to historic preservation.
RESOLUTION Indicating commitment to historic preservation for Preserve America
Communities 2003/2004 Application
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Suggested Dis position: Receive and File; Adopt Resolution
Preserve America - Preserve America - Preserve Amedca - Preserve America - Preserve America
MVM Memo Staff Memo Resolution HPC Ltr Application
Federal Government Performance and Results Act (GPRA) Annual Report
City Manager submitting the 2003 Government Performance and Results Act (GPRA)
Annual Products Report to the National Parks Service (NPS).
Suggested Disposition: Receive and File
GPRA Report ~ HVM GPRA Report - Staff GPRA Report
Hemo Memo
Historic Resource Development Program Grant Application - Interpretive Signs
City Manager recommending approval of a Historic Resource Development Program
(HRDPI Grant Application for Heritage Trail nterpretive Signs.
RESOLUTION Authorizing grant application for HRDP funds for Heritage Trail
interpretive signs
Suggested Disposition: Receive and File; Adopt Resolution
Signs - MVM Memo Signs - Staff Memo Signs - Resolution HRDP Application
Shot Tower G rant Agreement
City Manager recommending approval of a grant agreement for $100,000 from the
Historic Sites Preservation Grant Program for Phase I of restoration of the Shot Tower,
RESOLUTION Authorizing an agreement with the Historic Site Preservation Grant
Program for the Shot Tower rehabilitation
Suggested Disposition: Receive and File; Adopt Resolution
Shot Tower - MVM Shot Tower - Staff Shot Tower - State Letter and
Memo Memo Resolu'don Grant
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10.
11.
12.
13.
Affordable Housing Tax Credit Program Application - Gronen Properties
City Manager recommending execution of a resolution in support of an application for
equity financing assistance for the Gronen Upper Main Revitalization Project.
RESOLUTION Authorizing the City Council to endorse the Gronen Properties'
application for federal assistance for a rental housing rehabilitation project on Upper
Main Street
Suggested Disposition: Receive and File; Adopt Resolution
Gmnen - MVM Memc Gronen - Staff Memo Gmnen - Resolution iowa Finance
Authodt7 Ltr
Request for Proposals - Remediafion of Petroleum Plume in the Port of Dubuque
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) to solicit qualified environmental engineering firms to design and implement a
remediation plan for cleanup of a petroleum plume in the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
RFP - HVM Memo F~J:P - Staff Memo Request for
Proposals
Rebidding of Madison Street Sanitary Sewer Extension Project
City Manager recommending approval of the rebidding of the Madison Street Sanitary
Sewer Extension Project due to a typographical error in the plans and specifications.
RESOLUTION Rejecting all bids received for the Madison Street Sanitary Sewer
Extenson Project and re-ordering bids for the project
Suggested Disposition: Receive and File; Adopt Resolution
Madison - MVM Mem, Madison - Staff Madison - Resolution
Memo
City Council Priorities - Federal Initiatives
City Manager recommending approval of the "City of Dubuque Priorities and Requests
for Federal Appropriations," which has been prepared for use dudng the February 4-6,
2004 tdp to Washington, D.C.
Suggested Disposition: Receive and File; Approve
14.
Priorities - MVM Priorities and
Memo Requests
Governor Thomas Vilsack
City Manager submitting correspondence to Governor Thomas Vilsack regarding
proposed state budget cuts.
Suggested Disposition: Receive and File; Approve
Vilsack Ltr
15.
16.
17.
Maritime Security Act Plan for the Rivers' Edge Plaza
City Manager recommending approval of a Maritime Security Plan for the Rivers' Edge
Plaza as required by the Federal Government's Maritime Security Act.
Suggested Disposition: Receive and File; Approve
Hadtime Security - Maritime Security - Submittal Lb' RNers Ecige Plaza
MVM Memo Staff Memo Security Plan
Purchase of Property - 785 Gillespie Street
City Manager recommending approval of the purchase of property Located at 785
Gillespie Street as part of the acquisition program associated with expansion of the
West 32nd Street detention basin.
RESOLUTION Approving the acquisition of real estate located at 785 Gillespie Street in
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
Purchase - MVM Purchase - Staff Purchase -
Memo Memo Resolution
McKesson Corporation Expansion - Application for Financial Assistance
City Manager recommending approval of the submission of an application for financial
assistance from the State of Iowa on behalf of McKesson Corporation.
RESOLUTION Authorizing the filing of an application for financial assistance
from the State of iowa on behalf of McKesson Corporation
18.
Suggested Disposition: Receive and File; Adopt Resolution
McKesson - Staff McKesson - McKesson - Project
Memo Resolution Review
Abstract of Votes
Denise Dolan, County Auditor and Commissioner of Elections, submitting the Abstract
of Votes for the Baseball Stadium Election held on December 16, 2003.
Suggested Disposition: Receive and File
Abstract of Votes
19.
Business Licenses
RESOLUTION Granting the issuance of a Class "B" Beer (5 Day Special Event) to
Riverfest Special Event; and Class "C" Beer Permit to Kwik Stop Food Mart, IOCO
Speede Shoppe and Oky Doky #21
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to The
Lounge, Bowling and Beyond and Ten Pin Tap; and Class "B" Wine Permit to Dubuque
Religious Center
Suggested Dis position: Adopt Resolutions
Resolution #1 Resolution #2
ITEMS TO BE SET FOR PUBLIC HEARING
Fiscal Year 2004 Budget Amendment
City Manager recommending that a public hearing be set for January 19, 2004 to
consider an amendment to the Fiscal Year 2004 budget.
RESOLUTION Directing the City Clerk to publish proposed amendment to the Fiscal
Year 2004 budget and date of public hearing
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1119/04
Amendment - MVM Amendment - Staff Amendment - Budget Amendment
Memo Memo Resolution
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Westbrook Subdivision Sanitary Sewer Extension - Phase I Project
City Manager recommending initiation of the bidding process for the Westbrook
Subdivision Sanitary Sewer Extension - Phase I Project and that a public heanng be set
for February 2, 2004.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2/1/04
Westbrook - HVH Westbrook - Staff Wes1~rook - Westbrook - Wes~brook -
Hemo [4emo Resolution #1 Resolution #2 Resolution #3
Amended and Restated Garfield Place Urban Revitalization Area
City Manager recommending that a public hearing be set for February 16, 2004 to
consider an amended and restated Garfield Place Urban Revitalization Area.
RESOLUTION Setting a public headng on a proposal to amend City of Dubuque
Ordinance 38-2002 Establishing the Amended and Restated Garfield Place Urban
Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the
Code of Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/16/04
Ga~eld Place - ivivH Gart'ield Place - Staff Ga~eld Place - Urban Revitalization Urban Revitalization
Plemo Hemo Resolution Plan Area Map
PUBLIC HEARINGS
SUSPEND THE RULES
Voluntary Annexation
Proof of publication on notice of hearing to consider the voluntary annexation, including
non-consenting property owners, of approximately 704 acres of property west of
Dubuque.
Communication from Douglas and Dianne Fritsch, 14238 Middle Road, regarding the
proposed annexation.
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RESOLUTION Approving applications for voluntary annexation of territory with non-
consenting properly owners
Suggested Disposition: Receive and File; Adopt Resolution
Annexation - HVM Annexation - Staff Annexation - Annexation Plan
Memo Memo Resolution West Side
Legal Descriptions
Annexation Totals Annexation - Exhibit Annexation - Exhibit Annexation - Exhibit
A B C
Annexation - Frff. soh Ltr
Applications
Southfork Interceptor Sewer Phase IV Connection Charge
Proof of publication on notice of hearing and notice to property owners to consider
establishing the sanitary sewer connection fees for the Southfork Interceptor Sewer at
$478.86 per acre and City Manager recommending approval.
ORDINANCE Establishing a schedule of sewer connection fees for the connection of
property to the Southfork Interceptor Sewer Phase IV
Suggested Disposition: Receive and File; Motion B; Motion A
Southfork - MVM Suggested Motion
Memo
Southfork - Staff Southfork - Schedule of
Memo Ordinance Connection Fees
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Material from December 1, 2003 Meeting
Southfork - MVM Southfork - Staff Southfork - S0uthfork - Map
Memo Memo Resolution
Pre-Disaster Mitigation Plan
Proof of publication on notice of hearing to consider approval of the City of Dubuque's
Pre-Disaster Mitigation Plan.
RESOLUTION Approving and adopting the Dubuque Pre-Disaster Mitigation Plan
Suggested Disposition: Receive and File; Adopt Resolution
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Plan - MVH Memo Plan - Resolution Pre-Disaster
Mitigation Plan
Mary Ransdell v. City of Dubuque
Proof of publication on notice of hearing to consider disposing of City interest in Lot 15A
in Hill Street Addition and Lot 27A in Corell's Dubuque in the City of Dubuque, Dubuque
County, Iowa pursuant to a Settlement Agreement with Mary Ransdell.
RESOLUTION Disposing of City interest in Lot 15A in Hill Street Addition and Lot 27A in
Corell's Dubuque in the City of Dubuque, Dubuque County
Suggested Disposition: Receive and File; Adopt Resolution
Ransdell - MVFI Ransdell - Staff
Hemo Memo
Ransdell - Resolutior.
Material from December 15, 2003 Meeting
Ransdell - MVM Ransdell - BAL Ltr Settlement Grant of Easement Quit Claim Deed Ransdell - Resolution
Memo Agreement #1
Ransdell - Resolution Ransdell - Ordinance Ransdell - Resolution Ransdell - Exhibit A Ransdell - Plats
#2 #3
Vacating Petition - Portion of West 32"d Street at John F. Kennedy Road
Proof of publication on notice of hearing to consider a request from Steven and Judy
Selchert for the vacating and disposal of a portion of West 32nd Street at John F.
Kennedy Road.
RESOLUTION Disposing of City interest in Lot lA of Arbor Estates in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
W. 32nd - HVM W. 32nd ~ Staff W. 32nd - Resolution
Memo Memo
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Material from December 15, 2003 Meeting
W. 32nd - MVN W. 32nd - Staff W. 32nd - Resolution W. 32nd - Ordinance
Memo Memo #1
W. 32nd - Vicinity Selchert Request
Map
W. 32nd - Ordinance
REINSTATE THE RULES
ACTION ITEMS
Request to Address the Council
Ray Taylor, 10880 Rio Vista Drive, requesting to address the City Council regarding
stoplights on the Northwest Arterial.
Suggested Disposition: Receive and File
Taylor Ltr
Greater Dubuque Development Corporation
Rick Dickinson, Director of the Greater Dubuque Development Corporation, to provide
verbal quarterly report.
Suggested Disposition: Receive and File
Highway 52 South - Request to Rezone (First Reading on 12/15/03)
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 General Commercial District to
MHI Modified Heavy Industrial District, with conditions
Communication from Gary Cavanaugh, 9250 Bellevue Heights, expressing concerns
with the rezon~ng and submitting information on diesel exhaust.
Communications in opposition to the proposed rezoning.
Communication from Brian J. Kane, representing Apex Concrete, LLC, in partial
response to inquiries regarding the rezoning.
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Dan Mueller submitting information from the Iowa Department of Transportation
regarding Entrance Permit #31-2003-13 to construct a single Type "B" entrance along
US 52 within the City of Dubuque.
Suggested Disposition: Receive and File; Motion B; Motion A
ZDOT Letter and Rezoning ~ Diesel Exhaust Info Rezoning - Rezoning ~ Fane Ltr Area Video
Permit Cavanaugh Ltr Opposition Ltrs
Material from December 15, 2003 Meeting
Mueller - ZAC Lit Mueller - ApplicaUon Muetler - Letters Mueller - Exhibit #1
Mueller - Support
Lbs & Petitions
Opposition Petition Opposition Ltr Mueller - Staff
and Ltrs Report
Mueller - Ordinance MHI Zoning Uses Accident Data
Apex Powerpoint Climatic AUas Suggested Motion
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Request for Proposals for Private Management of the Five Flags Center
City Manager recommending approval of the issuance of a Request for Proposals for
private management of the Five Flags Center.
Suggested Disposition: Receive and File; Approve
Five Rags - MVM Five Flags - Staff RFP Cover Sheet RFP - Five Flags Expense/Revenue Expeese/Revenue
Memo Memo Summary History
F-n/e Flags - Revenue Events and Types of Events
Attendance
Organizational Chart Building - Drawing Five Rags Arena
Upper Promenade Bijou Room Mission Statement
12
Building Permit Moratorium - Bee Branch Creek Restoration Alignment Study
City Manager recommending approval of a building permit moratorium through May 29,
2004 for property located in the Bee Branch Creek Restoration Alignment Study area.
ORDINANCE Amending Chapter 11 E~uildings and Building Regulations of the City of
Dubuque Code of Ordinances by adding a new Section 11-58.5 Establishing a
Moratorium on the Issuance of Building Permits for Commercial and New Residential
Construction in the Bee Branch Creek Restoration Alignment Study Area
Suggested Disposition: Receive and File; Motion B; Motion A
Moratorium - MVM Moratorium - Staff Moratorium - SuggesLed Motion
Memo Memo Ordinance
Dubuque Greyhound Park Expansion
Communication from the Dubuque Racing Association requesting City Council support
of the proposed Dubuque Greyhound Park and Casino Facility Expansion project.
City Manager recommending that the City Council support the Dubuque Greyhound
Park and Casino Expansion Project and to submit a Letter of Support to the Iowa
Racing and Gaming Commission.
Suggested Disposition: Receive and File; Approve
Park Expansion - Ltr of SupporL C[P Improvements - CIP [mprovements -
MVM Memo Photos #1 Photos #2
NOTE: Material from Dubuque Racing Association provided as hard copy.
City Council Appointments
Communication from Operation: New View requesting appointment of the City's
designees to their Board for calendar year 2004 (currently Council Members Patricia
Cline and Joyce Connors).
Communication from Rick Dickinson, Greater Dubuque Development Corporation,
requesting appointment of a City Council representative to the River Valley Initiative
Foundation Board of Directors.
Mayor and City Council appointments to vadous Boards and Commissions.
Suggested Disposition: Receive and File; Council Appointments
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New View Lb- GDDC Lb- Coundl
Appointments
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.
CLOSED SESSION
Property Acquisition - Chapter 21.5(1)(j) 2003 Code of Iowa
Jeanne F. Schneider
December 30, 2003
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