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5 5 03 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING . 5:00 P.M. - DINNER - LIBRARY ROTUNDA 5:30 P.M. - SPECIAL MEETING - DOWNTOWN MASTER PLAN 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, MAY 5, 2003 ppview97.exe Hasler Plan - NVH Haster Plan Nemo INVOCATION Pastor Ron Moxon, Lighthouse Baptist Church SWEARING-IN OF COUNCIL MEMBER PATRICIA A. CLINE AS MAYOR PRO-TEM PROCLAMATIONS Mental Health Month (May, 2003) Historic Preservation Week (May 5 - 12, 2003) Hospital Week (May 11 - 17, 2003) Nursing Home Week (May 1'1 - 17, 2003) Peace Officers Week (May 11 - 17, 2003) Compassionate Friends Awareness Week (May 20 - 26, 2003) Mental Health Historic Preservation Hospital Week Numing Home Peace Officer Friends CONSENTITEMS The consent agenda items are considered to be murine 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 4/14; Cable Community Telepmgramming Commission of 4/1; City Council of 4/21; Downtown Planning Committee of 4/11; Housing Code Appeals Board of 12/17; investment Oversight Advisory Commission of 4/24 Proofs of publication of City Council Proceedings of 4/7/03 and List of Claims and Summary of Revenues for Month Ending March 31,2003 investment Oversight Advisory Commission submitting the 39th quarterly report Substance Abuse Services submitting the Third Quarter Report for Fiscal Year 2003. Suggested Disposition: Receive and File Airport Cable City Council Downtown Planning Housing Code Investment Overnight lOC Report SASC Notice of Claims/Suits Stephanie A. Burkart for personal injury; Chad M. Chase for vehicle damage; Keith Kann and Mary Wilhelm for property damage; Christopher J. Lang for vehicle damage; Melvin Leibold for property damage; Randy Schmerback for vehicle damage; Jennifer Sheldon for personal loss; Delmar M. Stevens 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: Stephanie Burkart for personal injury; Chad M. Chase for vehicle damage; Keith Kann and Mary Wilhelm for property damage Corporation Counsel recommending settlement of the claims of Christopher Lang for vehicle damage and Thomas Mueller for property damage and directing Finance Department to issue payment. Corporation Counsel recommending denial of the claim of Holy Ghost Parish Credit Union for property damage. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Claims - ICAP Claims - Settled Claim - Denied 2 m Legislative Letters Communication of City Manager to area legislators requesting that they oppose the recommendations of the Public Strategies Group. Communication of City Manager to area legislators Pat Murphy, Mike Connolly, and Roger Stewart thanking them for their recent vote to reject the proposed "Reinvention" bill. Communication of City Manager to area legislators Pat Murphy and Pam Jochum. thanking them for their email advising that they would be opposing HF 691 on the floor of the House. Commumcabon of C ty Manager to area legislators Steven Lukan, Gene Manternach and Robert Osterhaus regarding the impact to the City of the latest proposals included within HF 691 (the "Reinvention" bill). Communication of City Manager to area legislators requesting support for two amendments to the Reinvention Bill. Communication of City Manager to area legislators requesting support to include the arts and culture in the proposed Iowa Values Fund. Communication of City Manager to State Senators Connolly, Stewart and Hosch regarding Tax Increment Financing (q'lF) legislation. Communication to State Representatives Jochum, Mantemach, Murphy and Lukan thanking them for their recent vote in favor of HF 686 related to Tax increment Financing. Suggested Disposition: Receive and File PSG Ltr PSG Attachment PSG Usl: Connolh/Ltr Plurphy Ltr Stewad: Lb' Hurphy - HF 691 Lb' 3ochum - HF 691 Ltr Lukan Lb' Flantemach Lb' Osterhaus Lb' Amendments Lb' Values Fund Lb' Senators - TIF Bill RepresentatNes - T[F Bill 3 Excess Worker's Compensation Insurance Policy City Manager recommending approval of the Excess Worker's Compensation Insurance Policy through June 30, 2003. Suggested Disposition: Receive and File; Approve Po[icy - HVH Hemo Policy - Staff Memo Workers Comp Policy 280 Locust Street - Demolition Permit Communication from the Historic Preservation Commission recommending approval of a request from Scott Neuwoehner/Cooper Acquisitions, L.L.C. to demolish property located at 280 Locust Street (former Martin Gas Station). Suggested Disposition: Receive and File; Approve 280 Locust - ZAC Lb' DemoliUon 280 Locust - Court Court Order 280 Locust - Staff' Application Order Lb' 'Report Phase IV - Architectural/Historic Survey Communication of City Manager recommending approval of a Certified Local Government (CLG) Grant Agreement for Phase IV of the City's Architectural/Historic Survey. RESOLUTION Approving a Certified Local Government (CLG) Grant Agreement to conduct an architectural/historic survey Suggested Disposition: Receive and File; Adopt Resolution Survey - ivivH Hemo Survey - Staff' Nemo Survey - Resolution CLG Grant City of Sageville Annexations Communication from William J. Maiers, Attomey for the City of Sageville, submitting Notice of Annexation Applications and Public Headng on Voluntary Annexation Requests regarding territory to be annexed into the City of Sageville. City Manager advising Mayor Ralph Dean of the City of Dubuque's opposition to the five proposed annexations. Suggested Disposition: Receive and File; Approve Opposition 4 Sm 10. 11. Sageville - MVM Lb' Maiers - Annexation Sageville Exhibits City Exhibit Lb' Dubuque Yacht Basin City Manager recommending approval of a sublease of City-owned land leased by the Dubuque Yacht basin, Inc., to Arthur A. Myatt, Joyce C. Myatt, and Joyce's Tugboat, Inc. RESOLUTION Granting authorization to Dubuque Yacht Basin to sublease property leased from the City of Dubuque to Arthur A. Myatt, Joyce C. Myatt, and Joyce's Tugboat, Inc. Suggested Disposition: Receive and File; Adopt Resolution Sublease - MVM Sublease - Staff Sublease - Sublease - Gi~loon Lb Yacht Basin Lease Memo Memo Resolution Social Security Administration Offices Communication from Senator Charles Grassley regarding the retention of the offices of the Social Security Administration in the Dubuque Post Office building. Suggested Disposition: Receive and File Grassley Lb' Greyhound Bus Contract City Manager recommending approval of a contract with Greyhound Bus Lines for Keyline Transit to sell tickets as an independent agent. Suggested Disposition: Receive and File; Approve Greyhound - MVM Lb Contract - Staff Temporary Boarding Greyhound Agent Lb' Greyhound Contract Memo Lb' Certificate of Achievement - Government Finance Officer Association City Manager advising that the Government Finance Officers Association has awarded the City of Dubuque a Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Reports for the fiscal year ending June 30, 2002. 5 Suggested Disposition: Receive and File GFOA - MVM Memo GFOA Ltr 12. 13. Arbor Estates - Acceptance of Sanitary Sewer Lift Station City Manager recommending acceptance of the sanitary sewer lift station that the developer, Kivlahan Farms, L.L.C., has recently completed in Arbor Estates. RESOLUTION Accepting sanitary sewer lift station in Arbor Estates Suggested Disposition: Receive and File; Adopt ReSolution Arbor Estates - MVM Arbor Estate - Staff Arbor Estates - Arbor Estates Plat Arbor F. sLates Memo Memo Resolution Request Lb' U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development regarding funding available for Section 202 and Section 811 Capital Advance Programs and inviting applications. Suggested Disposition: Receive and File HUD Letter 14. City of Cedar Rapids Communication from Wade Wagner, Commissioner of Parks and Public Property for Cedar Rapids, expressing appreciation for the recent tour of the Port of Dubuque. Suggested Disposition: Receive and File Cedar Rapids Ltr 15, Business Licenses RESOLUTION Granting the issuance of a permit to sell cigarettes and cigarette papers to A & B Tap RESOLUTION Granting issuance of a Class "B" Beer Permit (5-Day Special Event) to Catfish Festival and Dubuque Jaycees (Main Event, Tent A, Tent B, and Tent C); and 6 Class "C" Beer Permit to Lien Oriental American Food, Beecher Beverage, Oky Doky #1 and Oky Doky #2 RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Breaktime Bar and Gdll, Tott's Tap, Corner Tap, Charhouse Restaurant, and Joyce's Tugboat; Special Class "C" (BW) Liquor License to Athenian Grill; and Class "B" (WB) Wine Permit to Beecher Beverage and Oky Doky #1 Suggested Disposition: Adopt Resolutions Resolution #1 ReseluUon #2 Resolution #3 ITEMS TO BE SET FOR PUBLIC HEARING Vacating Petition - Utility Easement (Plaza Court) City Manager recommending that a public hearing be set for May 19, 2003 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. RESOLUTION of Intent to dispose 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; Public Hearing 5/19/03 Easement - ~ Easement - Staff Easement - Release of Easement Easement - Requ~t Memo Memo Resolution Ltr Easement - Exhibits w Quebecor World Dubuque, Inc. Development Agreement - Tax Increment Financing City Manager recommending approval of the issuance of tax increment revenue obligations for Quebecor Wodd Dubuque, Inc., and that a public hearing be set for May 19, 2003. RESOLUTION Fixing the date for a meeting of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Quebecor World Dubuque, Inc., and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing $/19/03 Quebecor - MVM Quebecor - Staff Quebecor Quebecor - Memo Memo Agreement: Resolution Development Agreement - Adams Company City Manager recommending that a public hearing be set for May 19, 2003 to consider a D~velopment Agreement with the Adams Company for the pumhase of their property in the Port of Dubuque and relocation of the company to the Dubuque Industrial Center West. RESOLUTION Fixing the date for a meeting of the City Council of the City of Dubuque, Iowa on the execution of a Development Agreement relating thereto with the Adams Company, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/19/03 Adams Company - Adams - MVM Memo MVM Memo Adams - ResoluUon Development Agreement Dubuque Area Industrial Development Corporation City Manager recommending approval of the issuance of tax increment revenue obligations for the Dubuque Area Industrial Development Corporation and that a public hearing be set for May 19, 2003. RESOLUTION Fixing the date for a meeting of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a First Amendment to Development Agreement relating thereto with Dubuque Area Industrial Development Corporation, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/19/03 DAIDC - MVM Memo DAIDC - Staff Memo DAIDC - ~.st DAIDC - Resolution DAIDC - Dickinson Lt Amendment 8 = = Heartland Financial USA, Inc. City Manager recommending approval of the issuance of tax increment revenue obligations for Heartland Financial USA, Inc., and that a public hearing be set for May 19, 2003. RESOLUTION Fixing the date for a meeting of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Heartland Financial USA, Inc., and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/19/03 Heartland - MVM Heartland - Staff Heartland Heartland - Memo Memo Agreement Resolu'don 2003 (Fiscal Year 2004) Asphalt Paving Project City Manager recommending initiation of the public bidding process for the 2003 (Fiscal Year 2004) Asphalt Paving Project and that a public hearing be set for June 2, 2003. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6~2~03 Paving ~ MVH Memo Paving - Staff Memo Paving - Resolutions BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Housing Code Appeals Board (Two 3-Year Terms to Expire 1/11/06) Applicant: Ben Dudey Bd and Comm Ust Overview Sheet Housing Code App 9 PUBLIC HEARINGS SUSPEND THE RULES 3251 Roosevelt Road - Rezoning Request Proof of publication on notice of hearing to consider a request from Fondell Excavating, Inc. to rezone property located at 3251 Roosevelt Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District and R-3 Moderate Density Multi-Family Residential District and Zoning Advisory Commission recommending approval. Zoning Advisory Commission submitting the preliminary plat for Eagle Valley Subdivision located at 3251 Roosevelt Road as an information item. Communication from City Manager regarding the rezoning request for property at 3251 Roosevelt Road. Communication from Mr. and Mrs. Walt Pregler regarding the rezoning request for property described as 3251 Roosevelt Road. Communication from Mary Schoen-Clark, Regional President of Mercy Housing Midwest, in support of the Roosevelt Road project. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3251 Roosevelt Road from R-1 Single-Family Residential Zoning District to R-2 Two-Family Residential Zoning District and R-3 Moderate Density Multi-Family Residential Zoning District Suggested Disposition: Receive and File; Motion B; Motion A Fondell - ZAC Lb' Fondell - Ordinance Rezoning Staff Fondell Applicetion Re. zoning Exhibit Report Fondell - Exhibit #:[ Lb.s and Petition F~ercy Housing Ltr Pregler Lb' Fondell Plat - ZAC Ltr Fondell Plat - Staff Subdivision Staff Subdivision Subdivision - Exhibit Hemo Report ApplicaUon A Subdivision Plat Fondell - MVH Hemc Fondell - Staff Memo Fonde[I - Exhibit A & B 10 Stewart Construction - Voluntary Annexation Proof of publication on notice of hearing to consider a request from Wayne C. Stewart. President of W.C. Stewart Construction, Inc. for the voluntary annexation of property located south of Old Highway Road and west of Seippel Road. RESOLUTION Approving application for voluntary annexation of territory Suggested Disposition: Receive and File; Adopt Resolution Annexation - MVM Annemation - Staff Memo Memo Annexation - Staff Report Stewart Request Stewart - Exhibit A Annexation - Exhibit Annexation Map B Port of Dubuque - Vacating of Streets and Alleys Proof of publication on notice of hearing to consider disposing of City interest in Lots N, O, P, Q, R, S, T, U, and V of Dubuque Harbor Improvement Company Addition to Dubuque Initiatives. RESOLUTION Disposing of City interest in Lots N, O, P, Q, Iq, 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 Port - MVM Memo Port - Staff Memo Port - Resolution Material from April 21, 2003 Meeting Vacate - MVM Memo VacaMng - Staff Port - Plat of Area Port ~ Plat #1 Port - Plat #2 Memo Port - Plat #3 Port - Plat #4 Port - Plat #5 Port - Plat #6 11 Bonson Road Watermain - Award 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 Bonson Road Watermain Extension Project to McDermott Excavating. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to McDermott Excavating Suggested Disposition: Receive and File; Adopt Resolutions Bonson - MVM Mem( Bonson - Staff Memo Bonson - Adopt Bonson - Award Bonson - Bid Tab Resolution Resolution Material from April 7, 2003 Meeting Bonson - MVM Mem( Bonson - Staff Memo Bonson - Map Locust Street Connector Reconstruction 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 Locust Street Connector Reconstruction Project to Portzen Construction, Inc. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Portzen Construction, Inc. Suggested Disposition: Receive and File; Adopt ReSolutions Locust - MVM Memo Locust - Sta~ Memo Locust - Adopt Locust - Award Resolution Resolution Locust - Bid Tab Material from April 7, 2003 Meeting Locust - MVM Memo Locust - Staff Memo Locust - Resolutions REINSTATE THE RULES Locust - Map 12 ACTION ITEMS Dubuque Girls Independent League Request of Jill Reimer, Co-Chair of the Grand Opening of the Dubuque Girls Independent League, to extend personal invitation to Council Members to the Grand Opening Ceremonies on Saturday, May 17, 2003. Suggested Disposition: Receive and File DG]L Ltr Penalties for Tobacco Permit Holder (Rescheduled from April 7, 2003 Meeting at Request of Attorney Art Gilloon) Police Chief recommending the assessment of a civil penalty against one tobacco permit holder. Communication from Art Gilloon regarding the second offense tobacco sale involving Kwik Stop, Suggested Disposition: Receive and File; Assess Penalty Penalties - Staff Tobacco - Gilloon Lb' Memo Colt's Drum and Bugle Corp - Demolition Request Communication of Historic Preservation Commission recommending denial of the request of the Colt's Drum and Bugle Corps to demolish property located at 1112 - 1114 Central Avenue to construct a parking lot. Communication of Michael J. Visintin regarding the request to demolish property at 1112 - 1114 Central Avenue. Suggested Disposition: Receive and File; Concur with Denial; Council Colts - ZAC Ltr Colts - Staff Report Visitin Ltr NOTE: See separate file "Colt's - Demolition Request" for background information. 13 = Royal Oaks Development- Rezoning Request (Second Reading) Communication of Victoria A.A. VonHein-Mott regarding the rezoning of property located at the end of Rhomberg Avenue. Communication from Kevin Koch urging the Council to reconsider its majority support for the condominium proposal along the Mississippi River. 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 VonHein-Mott Letter Koch Ltr Royal Oaks - ZAC Ltr Royal Oaks - Staff Royal Oaks - Spiegel - Application Report Ordinance Spiegel - Drawings Royal Oaks - Map Royal Oaks - Picture Royal Oaks - Picture Royal Oaks - Picture #1 #2 #3 Royal Oaks - Aracles Royal Oaks - Letters Brunskill Ltr Lynch Ltr Suggested Motion Sa Barnstead International - Community Economic Betterment Account (CEBA) Application City Manager recommending approval of the submittal of a Community Economic Development Account (CEBA) application to the Iowa Department of Economic Development on behalf of Barnstead International to assist with a proposed expansion. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Barnstead International Suggested Disposition: Receive and File; Adopt Resolution Bamstead - MVM CEBA - Staff Memo Memo CEBA - Resolution CEBA Application CEBA - Headcount 14 U.S. Army Corps of Engineers Communication of City Manager to Neal Johnson, U.S. Army Corps of Engineers, regarding concerns raised during a conference call regarding how the City of Dubuque defines "reasonably foreseeable" as it relates to the Southwest Arterial. Suggested Disposition: Receive and File '.lohnson Lb' Transit Alternati~ves Analysis Purpose and Needs Statement City Manager requesting additional input from the Mayor and City Council on the Dubuque Downtown Transit Alternatives Analysis Study. Suggested Disposition: Receive and File; Council Direction Transit - HVFI Memc Study - Staff Flemo NOTE: Additional material included as hard copy. 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 cleady. 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 May 1,2003 15