5 3 05 Agenda - No 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
INVOCATION
Pastor Ron Moxon, Lighthouse Baptist Church
SWEARING-IN Op~OuNCIL 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 11 - 17, 2003)
Peace Officers Week (May 11 - 17, 2003)
Compassionate Friends Awareness Week (May 20 - 26, 2003)
CONSENT ITEMS
The consent agenda items ara 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 4/14; Cable Community Teleprogramming 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 Mamh 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
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
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 691on the floor of
the House.
Communication of City 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 (TIF) legislation.
Communication to State Representatives Jochum, Manternach, Murphy and Lukan
thanking them for their recent vote in favor of HF 686 related to Tax Increment Financing.
Suggested Disposition: Receive and File
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
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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
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 arch (~cturai/historic survey
Suggested Disposition: Receive and File; Adopt Resolution
City of Sageville Annexations
Communication from William J. Maiers, Attorney for the City of Sageville, submitting
Notice of Annexation Applications and Public Hearing 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
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
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
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
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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.
Suggested Disposition: Receive and File
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
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
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
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 Speci~al Event) to
Catfish Festival and Dubuque Jaycees (Main Event, Tent A, Tent B, and Tent C); and
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" BeedLiquor License to Breaktime Bar
and Grill, Tott's Tap, Corner Tap, Charhouse Restaurant, and Joyce's Tugboat; Special
Class "C" (BW) Liquor License to Athenian Grill; and Class "B" 0NB) Wine Permit to
Beecher Beverage and Oky Doky #1
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
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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
Quebecor World Dubuque, Inc. Development Agreement - Tax Increment Financing
City Manager recommending approval of the issuance of tax increment revenue
obligations for Quebecor World 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
5/19~03
Development Agreement - Adams Company
City Manager recommending that a public hearing be set for May 19, 2003 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.
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
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
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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
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
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Housing Code Appeals Board (Two 3-Year Terms to Expire 1/11/06)
Applicant: Ben Durley
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.
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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
Stewart Construction - Voluntary Annexation ,.
Proof of publication on notice of hearing to consider a ~equest 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
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, R, 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
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
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 Podzen ConstructiOn, inc.
Suggested Disposition: Receive and File; Adopt Resolutions
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" REINSTATE THE RULES
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ACTION ITEMS
Dubuque Girls Independent League
Request of Jill Reimer, Co-Chair of the Grand Opening of the Dubuque Gids Independent
League, to extend personal invitation to Council Members to the Grand Opening
Ceremonies on Saturday, May 17, 2003.
Suggested Disposition: Receive and File
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
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
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
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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 Bamstead International to assist with a proposed expansion.
RESOLUTION Authorizing the filing of a Community Economic Betterment Account
(CEBA) application on behalf of Bamstead International
Suggested Disposition: Receive and File; Adopt Resolution
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
Transit Alternatives Analysis Purpose and Needs Statement
City Manager requesting additional input from the Mayor and City Council on the
Dubuque Downtown Transit Altematives Analysis Study.
Suggested Disposition: Receive and File; Council Direction
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
micrbphone 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
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