10 18 04 Agenda with icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, OCTOBER 18, 2004
INVOCATION
Sister Kathy Lentsch, OSF, Vice President of the Sisters of St. Francis
PROCLAMATIONS
Red Ribbon Week (October 23 - 31,2004)
Childhood Lead Poisoning Week (October 24 - 30, 2004)
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Red Ribbon Week
Childhood Lead
Poisoning Week
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.
1.
Minutes and Reports Submitted
Airport Commission of 10/4; Cable TV Teleprogramming Commission of 10/5; City
Council of 10/4; Civil Service Commission of 9/21; Community Development Advisory
Commission of 9/8; Environmental Stewardship Advisory Commission of 10/5; Zoning
Advisory Commission of 10/6
Proof of publication of City Council Proceedings of September 7,13,14 and 20, 2004
and List of Claims and Summary of Revenues for month ending August 31,2004
City of Dubuque Financial Reports for month ending September 30, 2004 (on file in the
City Clerk's Office)
Suggested Disposition: Receive and File
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Airport
Cable TV
City Council
Civil Service
Community Dev Adv
Comm
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Env Stewardship Adv Zoning Advisory
Comm
2.
Notice of Claims/Suits
Robert Boynton for vehicle damage; Mound City Bank vs. City of Dubuque, et al;
Pospisil Painting, Inc. for material and labor costs; Amy Pitz for vehicle damage; Lisa
Price for vehicle damage; Robert Waddick for property damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dawn
Close for vehicle damage
Corporation Counsel recommending settlement of the claims of Robert Boynton for
vehicle damage, Luther Manor for property damage, Robert Waddick for property
damage, and Lisa Price for vehicle damage and directing Finance Department to issue
payment.
Corporation Counsel recommending that the claim of Amy Pitz for vehicle damage be
referred to River City Paving Company.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
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Claim- ¡CAP
Claims - Settled
Claim - Referred
3.
Key City Properties LLC - Preliminary Plat
Zoning Advisory Commission recommending approval of the final plat of Key City
Properties Plat No.2 located on North Cascade Road in Dubuque County, as requested
by Dave Schneider/Key City Properties LLC.
Suggested Disposition: Receive and File; Approve
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Key City - ZAC Ltr
Key City - Application
Key City - VK:inity
Map
Key City - Piat
Key City - Staff
Report
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4.
Tamarack Business Park - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Lot 6, Lot 7
and Lot C Tamarack S.E. Fourth Subdivision in Dubuque County as requested by Jon
Luckstead.
RESOLUTION Approving the final plat of Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth
Subdivision in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Tamarack - ZAC Ltr
Tamarack -
Application
Tamarack -
Resolution
Tamarack - VK:inity
Map
Tamarack - Piat
Tamarack - Staff
Memo
5.
Medical Associates Subdivision No.2
Zoning Advisory Commission recommending approval of the final plat of Lot C-1, C-2,
and C-3 Medical Associates Subdivision No.2 as requested by CU-LlNKlMedical
Associates Realty.
RESOLUTION Approving the final plat of Lot C-1, Lot C-2 and Lot C-3 of Medical
Associates Subdivision No.2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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CU UNK - ZAC Ltr CU UNK - Appiication CU UNK - VK:inity
Map
CU UNK- Plat
CU UNK - Staff CU UNK - Resolution
Memo
6.
White Water Creek Bridge - Memorandum of Understanding
City Manager recommending approval of a Memorandum of Agreement between the
Federal Highway Administration, State Historic Preservation Office, Dubuque County,
and the City of Dubuque, for relocation of the historic White Water Creek Bridge.
Suggested Disposition: Receive and File; Approve
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Bridge - MVM Memo Bridge - Staff Memo
Bd of Supv Ltr
Bridge-Map
Intergovernmental
Agreement
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7.
Dubuque Community School District
Communication from John L. Burgart, Superintendent of the Dubuque Community
School District, thanking the City for constructing a new cul-de-sac on Tyler Road.
Suggested Disposition: Receive and File
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Schooi Dstrict Ltr
8.
Citizen Communication
Communication from Brenda Gerhard, 4950 Northrange Court, regarding the Cedar
Lake Plaza Planned Unit Development public hearing and commending the Council for
their action.
Suggested Disposition: Receive and File
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Gerhard Ltr
9.
Legislative Correspondence
Communication to Congressman Jim Nussle requesting that he refrain from adding his
name to a letter being circulated by Representative Pickering calling upon the FCC to
conduct an expedited proceeding to conclude that IP enabled services are interstate in
nature.
City Manager advising that Congressman Jim Nussle, consistent with the City's request,
did not sign the letter being circulated by Representative Pickering.
Communication from Senator Charles Grassley advising that he has contacted the
Federal Emergency Management Agency and the Army Corps of Engineers regarding
the costs incurred by the City for operating the floodwall pumping stations during the
flooding disaster in May 2004.
Suggested Disposition: Receive and File
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Nussie Ltr
Nussie - MVM Memo
Grassley Ltr
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University of Dubuque
Communication from Alan Burr, University of Dubuque, requesting to purchase a portion
of a city streeUalley abutting University of Dubuque property at the corner of Lombard
Street and Collins Street.
Suggested Disposition: Receive and File; Refer to City Manager
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UD Letter
Assumption and Subordination of Mortgage Obligation and Promissory Note
City Manager recommending approval of an Assumption Agreement and Mortgage
Subordination Agreement that will allow Denis Gioletti and Richard Hatton to transfer
responsibility for a mortgage and promissory note to Jeffrey Jackson, who is purchasing
the commercial property at 231 West 2nd Street.
RESOLUTION Authorizing an Assumption Agreement and a Mortgage Subordination
Agreement in regard to a mortgage interest in the easterly 40 feet of Lot 85 in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Subordination - MVM
Memo
Subordination - Staff
Memo
Subordination -
Resolution
Agreements
Code of Ordinances - Supplement No. 62
City Manager recommending approval of the adoption of Supplement No. 62 to the
Code of Ordinances.
RESOLUTION Adopting Supplement No. 62 to the City of Dubuque Code of
Ordinances
Suggested Disposition: Receive and File; Adopt Resolution
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Code - MVM Memo
Code - Staff Memo
Code - Resoiution
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13.
14.
15.
16.
Federal Communications Commission
Communication to Michael Powell, Chairman of the Federal Communications
Commission regarding review of the emergency alert system.
Suggested Disposition: Receive and File
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PoweilLtr
Dubuque River Rides
Communication from Nancy M. Webster, President and Chief Executive Officer-
Dubuque River Rides, requesting to extend their lease with the City of Dubuque for an
additional eight-year term.
Suggested Disposition: Receive and File; Refer to City Manager
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Webster Ltr
Great American Main Street Award
Dan LoBianco, Dubuque Main Street, Ltd, requesting a letter of endorsement from the
City of Dubuque for inclusion in their application for the 2005 Great American Main
Street Award.
RESOLUTION In support of the 2005 Great American Main Street Award application of
Dubuque Main Street, Ltd.
Suggested Disposition: Receive and File; Adopt Resolution
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Main Street Ltr
Main Street -
Resoiution
Business Licenses
RESOLUTION Granting the issuance of one renewal permit to sell cigarettes and
cigarette papers to Hy-Vee Gas #2
RESOLUTION Granting the issuance of a Class B Beer Permit to Happy Joe's Pizza
and Class C Beer Permit to Hy-Vee Gas #2
RESOLUTION Granting the issuance of a Class C Beer/Liquor License to Rainbow
Lounge, Yen Ching Restaurant and Channel Inn Restaurant; and a Class B Native Wine
Permit to P.S. I Love You
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Suggested Disposition: Adopt Resolutions
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Resoiution #1
Resolution #2
Resolution #3
ITEMS TO BE SET FOR PUBLIC HEARING
1.
Reallocation of General Obligation Bonds Series 2002C
City Manager recommending that a public hearing be set for November 1, 2004 to
consider the reallocation of General Obligation Bond proceeds for use on the new
Municipal Services Center.
RESOLUTION Fixing date for a meeting on the proposal to reallocate certain unspent
proceeds of the General Obligation Bonds, Series 2002C, of Dubuque, Iowa, and
providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/1/04
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Bonds - MVM Memo
Bonds - Staff Memo
Bonds-Resolution
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Environmental Stewardship Advisory Commission (Two 3-year terms through 10/1/07-
terms of Buelow and Nemmers)
Applicants: Michael J. Buelow, John T. Nemmers
Appointments to the following Commission:
Environmental Stewardship Advisory Commission (Two three-year terms through
10/1/07 and one vacant youth term through 6/1/05)
Applicant: Chad M. Chase - Youth
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Bd and Comm List Overview Sheet
ESAC Applications
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PUBLIC HEARINGS
SUSPEND THE RULES
1.
Zoning Ordinance Text Amendment
Proof of publication on notice of hearing to consider a text amendment to Appendix A
(the Zoning Ordinance) of the Code of Ordinances to provide for separation of adult
entertainment establishments from school property by providing a 1,200 foot separation
to help buffer residential and institutional districts from adult entertainment
establishments.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by amending Section 4-8.3(1) of the Zoning Ordinance regulations
governing the location and spatial separation of adult entertainment establishments to
provide for a 1,200 foot separation of school properties from adult entertainment uses
Suggested Disposition: Receive and File; Motion B; Motion A
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Amendment - ZAC
Ltr
Amendment -
Appiication
Amendment - Staff
Memo
Amendment -
Ordinance
Amendment - Map Amendment - Map
#1 #2
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Suggested Motion
2.
Widening of Asbury Road at the Northwest Arterial Project
Proof of publication on notice of hearing to consider the Widening of Asbury Road at the
Northwest Arterial Project and City Manager recommending award of the contract to
Portzen Construction in the amount of $59,165.50.
RESOLUTION Approving plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
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Asbury Rd - MVM
Memo
Asbury Rd - Staff
Memo
Asbury Rd-
Resoiutions
Asbury Rd - Bid Tab
Material from October 4, 2004 Meeting
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Asbury - MVM Memo
Asbury - Staff Memo
Asbury - Resolutions
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REINSTATE THE RULES
ACTION ITEMS
1.
Chamber of Commerce Convention and Visitors Bureau
Request of Sue Czeshinski, Director - Convention and Visitors Bureau, to provide the
Convention and Visitors Bureau report.
Suggested Disposition: Receive and File
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CVB Ltr
2.
Code of Ordinances - Chapter 5 - Alcoholic Beverages (Third Reading)
Communication from Kate Zanger, Vice President for Student Life - Clarke College,
urging the Council to vote yes on the proposed city ordinances related to alcohol and
submitting an article from the USA Today regarding this issue.
ORDINANCE Amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of
Ordinances by enacting a new Section 5-9 prohibiting buffet sales of alcoholic liquor,
wine or beer
ORDINANCE Chapter 5 Alcoholic Beverages of the City of Dubuque Code of
Ordinances is amended by adding the definitions of restaurant and kitchen facility to
Section 5-2 and amending Section 5-7.2 prohibiting persons under the legal age from
remaining on the premises where alcoholic liquor is sold or dispensed thirty minutes
after any restaurant on the licensed premises is closed
Suggested Disposition: Receive and File; Motion A
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Zanger Ltr
Ordinance #1
Suggested Motion
Ordinance #2
Material from September 20, 2004 Meeting
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Ordinances - MVM Ordinances - Staff Ordinances - Exhibit Ordinance #1
Memo Memo A
Ordinance #2 Ordinances - Merfeid
Ltr
3.
Achievement Award for Economic Development from the International Downtown
Association
Receipt of the Achievement Award for Economic Development from the International
Downtown Association.
Suggested Disposition: Receive and File
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4.
Dubuque Main Street, Ltd
Receipt of the Best Public Improvement ProjecUNew Construction Award for the Grand
River Center; Best Promotional EvenUPartnership Effort Award for the Grand Excursion;
and the Best Partnership Planning Effort Award for the Downtown Dubuque Master Plan
from Dubuque Main Street, Ltd.
Suggested Disposition: Receive and File
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Main Street Awards
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
Pending Litigation - Chapter 21.5(1 )(c) 2003 Code of Iowa
Jeanne F. Schneider
October 14, 2004
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