7 21 03 Agenda with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, JULY 21, 2003
INVOCATION
Reverend Kristian Kincaid, Our Redeemer Lutheran Church
PROCLAMATIONS
Dubuque County Fair Week (July 22 - 27, 2003)
Fair Week
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 from
the Consent Agenda for separate discussion and consideration
Minutes and Reports Submitted
City Council of ;'/1, 7/7, and 7/9; Civil Service Commission of 4/7; Historic Preservation
Commission of 6/19; Housing Code Appeals Board of 4/29; Human Rights Commission
of 6/9 and 6/25; Joint City/County Planning Committee of 6/18; Zoning Advisory
Commission of 7/2
Proof of publication of City Council Proceedings of 6/23 and 7/1
Suggested Disposition: Receive and File
Council - 7/1 Council - 7/7
Council - 7/9 Civil Service HPC
Housing Code
Human Rights - 6/9 Human Rights - 6/2~ .loint Plannnig Zoning Advisory
Notice of Claims/Suits
Chris Bamhart for vehicle damage; Jodie L. Bauer for vehicle damage; Candace Fuerst
for personal injury; Lisa Imbus for personal injury; Gary Nauman for vehicle damage;
Mary Marcotte for vehicle towing fees; Ronald L. Weitz for proper~y damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel recommending denial of the claim of Gregg Liddle for vehicle
damage.
Corporation Counsel recommending that the claim of Mark Friedenberger for vehicle
damage be referred to Selco, Inc.
Suggested Disposition: Receive and File; Concur
Liddie Claim FrJedenberger Claim
Citizen Communications
Commumcatio~ from Sarah Davidson, 125 West 9t~, thanking the Council for
maintaining Keyline service on Saturdays and for maintaining the fare rates.
Communication from Eileen Sisler, 265 Cross Street, regarding the City's budget
coi3cerns.
Suggested Disposition: Receive and File
Davidson Lb' Sisler Ltr
East Central Intergovernmental Association Administrative Contract
City Manager recommend ~ng approval of an administrative contract with East Central
Intergovernmental Association for the demolition of the three houses on Old Mill Road,
which the City acquired under the hazard mitigation grant contract.
Suggested Disposition: Receive and File; Approve
ECiA - MVM Memo ECIA - Staff Memo ECIA Letter ECIA Contract Background Matedal
2
Fireworks Request
Request of Dubuque Jaycees, KDTH, KATF and KGRR Radio to conduct a fireworks
display on Saturday, July 3, 2004 on Volunteer Road between Hawthorne and Lime and
the closure of Hamilton, Kilgore and East Roosevelt Extension.
Suggested Disposition: Receive and File; Approve
.~aycee Ltr
Vessel Systems, Inc. Community Economic Betterment Account Loan
City Manager recommending approval of the Community Economic Betterment Account
Loan Agreement of $125,000 by and among the Iowa Department of Economic
Development, Vessel Systems, and the City of Dubuque.
RESOLUTION Authorizing the execution of a Community Economic Betterment
Account Loan Agreement for One Hundred Twenty-Five Thousand Dollars ($125,000)
with Vessel Systems, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Vessel - MVM Memo Vessel - Staff Memo Vessel - Resolution IDED Ltr CEBA Loan
Agreement
Brewery Rehabilitation Project
City Manager recommending approval of a combined notice of finding of no significant
impact on the environment and notice of intent to request release of funds for the
Brewery Rehabilitation Project.
RESOLUTION Authorizing publication of a combined notice of finding of no significant
impact on the environment and notice of intent to request release of funds for the
Brewery Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution
Brewery - MVM
Memo
Brewery - Staff
Memo
Brewery - Resolution Brewery - Exhibit A Release of Funds
Purchase of Service Agreement - Dubuque Humane Society
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Humane Society in the amount of $30,635.
Suggested Disposition: Receive and File; Approve
3
Humane Society - Humane Society - Humane Society
MVM Memo Staff: Memo Contract
Operations and Maintenance Center Roof Repair Project
City Manager recommending acceptance of the Operations and Maintenance Center
Roof Repair Project in the final contract amount of $25 165.53 as completed by
Prostruct Construction, Inc.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Roof - MVM Memo Roof - Staff: Memo Roof - Resolutions
10.
Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Fire
Equipment Operator, Fire Lieutenant, Fire Captain and Assistant Fire Chief.
Suggested Disposition: Receive and File; Make a Matter of Record
Certified Lists
11.
City of Sageville Annexations
City Manager advising that the City Development Board has denied the City of Sageville
annexation applications.
Communication to Steve McCann, City Development Board, advising that the City of
Dubuque objects to the five annexation applications filed by the City of Sageville and
requesting that the City Development Board deny these applications.
Suggested Disposition: Receive and File; Approve
SagevilIe - MVM McCann Ltr Development Bd
Memo Notice
4
13.
14.
i2.
Bill Miller Logging, Inc. - Minor Final Plat
Zoning Advisor~ Commission recommending approval of the minor final plat of Lot I,
Lot 2 and Lot 3 of Miller Place located at the northwest comer of Highway 61/151 in
Dubuque County as requested by Bill and Mary Miller/Bill Miller Logging, Inc.
RESOLUTION Approving the final plat of Lot 1, Lot 2 and Lot 3 of Miller Place in
Dubuque County, Iowa
Suggested Dis position: Receive and File; Adopt Resolution
MilJer - ZAC Ltr Miller - Staff Memo Miller - Resolution Miller Application Miller - Map Hiller - Plat
Link Acres - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Link Acres at
the end of Wildlife Ridge in Dubuque County as requested by David and Judith Link.
RESOLUTION Approving the fina plat of Link Acres ~n Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Link - ZAC Lb' Link - Application Link - Map Link - Plat
Link - Staff Memo Link - Resolution
Rental Dwelling License Fee
City Manager recommending approval of rental dwelling license fee increases as
approved by the City Council as part of the Fiscal Year 2004 budget amendment.
RESOLUTION Approving an increase in the rental dwelling license fee
Suggested Disposition: Receive and File; Adopt Resolution
Rental - MVM Memo Rental - Staff Memo Rental - ResoluUon
15.
Environmental Protection Agency Cleanup Grant Contract
City Manager recommending approval of a formal application to the U.S. Environmental
Protection Agency (EPA) for a $200,000 Brownfield Cleanup Grant for petroleum
contamination cleanup in the Port of Dubuque.
Communication from the United States Environmental Protection Agency (EPA)
advising that the City has been selected as one of the entities with whom EPA will
pursue negotiations to award a cooperative agreement for a clean up grant in the Port of
Dubuque area.
5
RESOLUTION Authorizing the filing of a formal application for a $200,000 Brownfield
Cleanup Grant with the U.S. Environmental Protection Agency for cleanup activities in
the Port of Dubuque.
Suggested Disposition: Receive and File; Adopt Resolution
EPA - MVM Memo EPA - Staff Memo EPA - Resolution EPA Let[er
16.
Settlement of Personal Injury Claim
Corporation Counsel recommending approval of a release of subrogation claim of the
City for the personal injury claim of Shane O'Brien.
Suggested Disposition: Receive and File; Approve
BAL Letter
17.
18.
Bergfeld Farm Lease
City Manager recommending approval of a 3-year extension of a farm lease with
Kenneth and Janet Bergfeld with terms that allow the City the ability to terminate the
lease at any time if the property is needed for development purposes.
RESOLUTION Approving a farm lease with Kenneth G. and Janet M. Bergfeld
Suggested Disposition: Receive and File; Adopt Resolution
Bergfeld - MVM Bergfeld - Staff Bergfeld - Resolution
Memo Memo
Capital Improvement Program Project - Structural Assessment
City Manager recommending approval of an addition to the Airport's Capital
Improvement Program budget for a structural assessment for the Quonset and shop
building in the amount of $9,950, which will be 100% funded with a State grant.
Suggested Disposition: Receive and File; Approve
CIP - MVM Memo CIP - Staff Memo
6
19.
Small Community Air Service Development Pilot Program
Communication of the City Manager to Secretary Norman Mineta, US Department of
Transportation, advising that the City of Dubuque endorses the Dubuque Regional
Airports' grant application to the Small Community Air Service Development Pilot
Program.
Suggested Disposition: Receive and File; Approve
Mineta Lb'
20.
Iowa Department of Public Health
Communication from the Iowa Department of Public Health advising that they and the
Association of State and Territorial Dental Directors have recognized the City of
Dubuque's contribution to the dental public health of Iowa citizens.
Suggested Disposition: Receive and File
Dept of Health Lb'
21.
Mississippi on the River LLC
Corporation Counsel recommending approval of an Access and Indemnity Agreement
with Mississippi on the River LLC to do a photo shoot at the Shot Tower.
Suggested Disposition: Receive and File; Approve
22.
Business License Refund
Request of Donald B. Meyer, Main Street Caboose
license in the amount of $211.25.
Inc., for a refund of his beer/liquor
Suggested Disposition: Receive and File; Approve
23.
Business Licenses
RESOLUTION Granting the issuance of three renewal permits to sell cigarettes and
cigarette papers
RESOLUTION Granting the issuance of a Class "B" Beer (5 Day Special Event) Permit
to Dubuque Area Labor Management (Tents A, B and C); and Class "C" Beer Permit to
IOCO Speede Shoppe #2 and Amoco Food Shop
RESOLUTION Granting the issuance of a Class "C' Beer/Liquor License to House of
China, Mad Hatters, Dubuque Five Flags Center and Grape Harbor (Caf6 Outdoor
Service); and Class "B" Wine License to Basket Expressions
Suggested Disposition: Adopt Resolutions
Resolution #~. Resolution #2 Resolution #3
ITEMS TO BE SET FOR PUBLIC HEARING
Voluntary Annexation Request - Callahan Construction
City Manager recommending that a public hearing be set for August 18, 2003 to
consider a voluntary annexation request by Callahan Construction, Inc for forty acres of
land on Seippel Road north of the Dubuque Industrial Center West, concurrent with
rezoning.
Suggested Disposition: Receive and File; Public Hearing 8/18/03
Callahan - MVM Caliahan - Staff Callahan - Staff Callahan - Callahan - Map
Memo Memo Report Application
Port of Dubuque Building Demolition and Site Clearance Project
City Manager recommending initiation of the public bidding process for the Port of
Dubuque Logging Properties - Building Demolition and Site Clearance Project and that
a public hearing be set for August 18, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on preliminary plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
8/18/03
Port - MVM Memo Port - Staff Memo
Por~ - Resolutions
8
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Community Development Advisory Commission (Two vacancies from Low/Moderate
Income Area through 2/15/04 and 2/15/05):
Applicant: David Oliver (Low/Moderate Income Area)
Housing Commission (One unexpired 3-year term through 8/17/05)
Applicant: Gina E3el
Transit Board of Trustees (One 3-year term through 7~30~03 - term of Bemis)
Applicant: Harry J. Bemis
Bd and Corem Ust Overview Sheet CDAC Application Housing Application Transit Application
PUBLIC HEARINGS
SUSPEND THE RULES
605 West Locust and 2085, 20851/2 Foye Street - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 605
West Locust and 2085, 2085 % Foye Street from C-1 Neighborhood Commercial District
and R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping
Center District at the request of Christopher and Jennifer Spahn and Zoning Advisory
Commission recommending denial.
Communication from Mrs. Marjofie Lee in opposition to the proposed rezoning.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 605 West
Locust and 2085, 2085 ½ Foye Street from R-2A Alternate Two-Family Residential
District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping
Center Distdct
Suggested Disposition: Receive and File; Concur with Denial, or Motion A;
Motion B (Super Majority Vote Necessary)
Spahn - ZAC Ltr Spahn - Application Spahn - Map Spahn - Ltr Spahn - Staff Report
Spahn - Ordinance Spahn - Support Ltr Spahn - 7 10 Ltr Spahn - 7 27 Lb' Neighborhood Mtg
Minutes
9
Lee Letter Suggested Motion
44 Main Street - Request to Rezone
Proof of publication on notice of heanng to consider rezoning property located at 44
Main Street from LI Light Industrial to C-4 Downtown Commemial District at the request
of Kevin Menning/K & C Investments 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 property located at 44 Main
Street from L Light Industrial District to C-4 Downtown Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
Menning - ZAC Ltr Menning - App[icatior Menning - Map Menning - Staff Menning - Ordinance
Repor~
Suggested MoMon
Harvest Development - 4100 Asbury Road - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property located at 4100
Asbury Road from R-1 Single-Family Residential District and R-3 Moderate Density
Multi-Family Residential District to PUD Planned Unit Development with a PR Planned
Residential designation to allow development of a 180-unit senior assisted living
housing complex 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 property located north of
Matthew John Drive from R-1 Single-Family Residential District and R-3 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
McNamer - ZAC Ltr Harve~ -AppIication Harvest - Map Harvest - Staff Harvest - Ordinance
Repod:
Harvest - Picture Harvest - Drawing Suggested Motion
10
Sale of Real Property - 2521 Stafford Street
Proof of publication on notice of hearing to consider the sale of real estate at 2521
Stafford Street to Kristy Monohan-Smith for the amount of $71,500 and City Manager
recommending approval
RESOLUTION Disposing of City-owned property, specifically Lot Two (2) of Lot One {1)
and the east one-half (E1/2) of Lot Four (4) of Lot Two (2) both in Greiger's Subdivision
'n the City of Dubuque, Dubuque, Iowa according to the recorded plat thereof; otherwise
known as 2521 Stafford Street
Suggested Disposition: Receive and File; Adopt Resolution
Sale - MVM Memo Sale - Staff Memo Sale - Resolution
Cooper Development Loan Subordination Agreement
Proof of publication on notice of hearing to consider a Subordination Agreement with
Dubuque Bank and Trust Company related to the City's mortgage interest associated
with Cooper Development Company's Downtown Rehabilitation Loan and City Manager
recommending approval.
RESOLUTION Authorizing a Subordination Agreement [n regard to a mortgage interest
in City Lot 73 (except the southerly three inches thereof) in the City of Dubuque,
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Cooper - MVM Memo Cooper - Staff Memo Cooper - Resolution
REINSTATE THE RULES
ACTION ITEMS
East Dubuque Savings Bank- Site Plan Review
Zoning Advisory Commission recommending approval of the site plan for East Dubuque
Savings Bank at the southwest corner of Cedar Cross Road and Starlite Drive.
Suggested Disposition: Receive and File
EDSB - ZAC Ltr EDSB - Staff Memo EDSB - Background EDSB - D~awings
Info
11
Electrical Fee Ordinance
City Manager recommending approval of a revised fee schedule for electrical permits
for new commercial and industrial projects.
ORDINANCE Providing that the Code of Ordinances, City of Dubuque, Iowa, be
amended by revising the electrical permit fee schedule for new commercial and
industrial buildings for the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
Electrical - MVM Elecb'ical - Staff Electrica{ - Ordinance Suggested Motion
Memo ~lemo
Resources Enhancement and Protection (REAP) Program
City Manager recommending City Council approval of an updated REAP Plan,
confirmation of a representative to the REAP committee, and approval of the Fiscal
Year 2005 REAP grant application.
RESOLUTION Authorizing a grant application to the Iowa Department of Natural
Resources for REAP funds for Pyatigorsk Park
Suggested Disposition: Receive and File; Approve; Council Appointment; Adopt
Resolution
REAP - MVM Memo REAP - Staff Memo REAP - Resolution P, EAP Questionnaire REAP Grant
Application
Bd of Supvs Ltr REAP - Five Year
Plan
Vendor Application Process
City Manager recommending approval of the criteria for use of public right-of-way for
vending at the Port of Dubuque and Hawthorne Street Peninsula.
Suggested Disposition: Receive and File; Approve
Vendors - MVM Mem~ Vendors - Staff Vendor Permit
Memo Application
12
Eagle Valley Subdivision
City Manager recommending approval of assistance, with guarantees, to Fondell
Excavating, Inc. to facilitate development of Eagle Valley Subdivision. which is a new
subdivision of affordable owner-occupied housing along Roosevelt Road.
Suggested Dis position: Receive and File; Approve
Eagle Valley - MVM Eagle Valley - Staff Eagle Valley - Staff Fondel] Ltr Task Force - Staff
Memo Memo Report Memo
Fiscal Year 2004 Budget Amendment
City Manager submitting information on the Fiscal Year 2004 budget amendment and
utility franchise fee and recommending that a public hearing be set for July 28, 2003 to
consider adoption of a franchise fee.
Suggested Disposition: Receive and File; Council; Public Hearing 7128103
NOTE: This material is being provided as hard copy.
Jackson Park Historic District / Downtown Neighborhood Council
Communication of the City Manager requesting that this item be tabled.
Historic Preservation Commission recommending approval of a request from the
Downtown Neighborhood Council for funding in the amount of $15,905.80 from the
Historic District Public Improvement Program to install trash receptacles, park benches,
planters and street trees in Jackson Park and the public right-of-way in the Jackson
Park Historic District.
Suggested Disposition: Receive and File; Council
3ackson Park - MVM 3ackson Park - HPC .3ackson Park - Staff .~ackson Park HDPIP
Memo Ltr Repor/ App
Park - Project Product Examples
DescripUo~
NOTE: HDPIP Photos included as separate file.
13
Historic Bluffs Neighborhood Association
Communication of the City Manager requesting that this item be tabled.
Communication from the Historic Bluffs Neighborhood Association requesting that the
Council reconsider pulling funding from the existing Historic District Public Improvement
Program.
Historic Preservation Commission recommending approval of a request from the
Historic Bluff Neighborhood Association for funding in the amount of $86,032.50 from
the Historic District Public Improvement Program to install historic street lighting in the
public right-of-way along Loras Boulevard from Bluff Street to Prairie Street.
Suggested Disposition: Receive and File; Council
Historic Bluffs - HVM Historic Bluffs Assoc Ughtieg - HPC Ltr Lighting - Staff
Hemo Lb' Repod:
Lighting - Project Lighting - Lighting - Samples
Description E~ackground ][nfo
Lighting - Application
NOTE: Historic Bluff Photos are included as separate file.
Downtown Neighborhood Council
Communication of the City Manager requesting that this item be tabled.
Historic Preservation Commission recommending approval of a request from the
Downtown Neighborhood Council for funding in the amount of $12,155.03 from the
Histodc District Public Improvement Program to install brick paver sidewalks in the
public right-of-way at 1105, 1470, 1472 and 1492 Locust Street.
Suggested Disposition: Receive and File; Council
Downtown - HV~,l Sidewalks - HPC IJ:r Sidewalk - Staff Sidewalk - Sidewalk - Project
IViemo Report Application DescripUon
Landscape Guideline.~
NOTE: Photos included in HDPIP Photos file.
14
10.
11.
Langworthy Neighborhood Association
Communication of the City Manager requesting that this item be tabled.
Historic Preservation Commission recommending approval of a request from the
Langworthy Neighborhood Association for funding in the amount of $5,930.40 from the
Historic District Public Improvement Program to install planters in the public right-of-way
in the Langworthy Historic District.
Suggested Disposition: Receive and File; Council
Langworthy - MVM Planters - HPC Lb' Planters - Staff Planters - ApplicaUon Planters - Project
Memo Repor~ DescripUo.
Historic Preservation Commission
Communication of the City Manager requesting that this item be tabled.
Historic Preservation Commission recommending that the City Council allocate
$4,345.77 from the Historic District Public Improvement Program for Engineering
Department costs associated with the installation of historic district entry street signs in
the public right-of-way.
Suggested Disposition: Receive and File; Council
HPC - MVM Memo Signs - HPC Ltr Signs - Staff Memo qDPIP Guidelines
NOTE: Photos included as separate HDPIP Signs folder,
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
July 17, 2003
15