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8 4 03 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, AUGUST 4, 2003 INVOCATION Pastor Victor St. George, St. Matthew Lutheran Church PROCLAMATIONS Responsible Gaming Education Week (August 4 - 8, 2003) United Way Campaign Time (August 18 - October 31, 2003) Responsible Gaming United Way Week 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 6/23 and 7/18; City Council of 7/21 and 7/28; Civil Service Commission of 7/8 and 7/25; Historic Preservation Commission of 7/17; Housing Commission of 5/27 Proofs of publication of Council Proceedings for July 7 and July 9, 2003 and List of Claims and Summary of Revenues for Month Ending June 30, 2003 Printed Council Proceedings for May, 2003. Suggested Disposition: Receive and File; Approve as Printed Airport - 6/23 Airport - 7/18 HPC Housing Proceedings Council - 7/21 Coundl - 7/28 Civil Service - 7/8 C'Nil Service - 7/25 Notice of Claims/Suits Michael Francois for vehicle damage; Dwane Hingtgen for property loss; Lyle and Patricia Ott for vehicle damage; Teamsters Union #421 and John Gotto vs City of Dubuque 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: Chris Bamhart for vehicle damage; Lisa Imbus for personal injury Corporation Counsel recommending denial of the claim of Mary Marcotte for vehicle towing. Corporation Counsel recommending settlement of the claim of United Way Services, Inc. for property damage and directing Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Claims - [CAP Claims - Denied Claims - Settled Request to Purchase City-Owned Property Request of Bob Hartig, Oak Park Place of Dubuque, LLC, to purchase three parcels of property located in the Medical Associates Green Belt. Suggested Disposition: Receive and File; Refer to the City Manager Har~ig Ltr = Patricia Ann Drive/Subdivision Communication from Lloyd S. Gudenkauf, Gudenkauf Construction, requesting that the City release his bond, in the amount of $13,500, for completion of Patricia Ann Ddve. Suggested Disposition: Receive and File; Refer to the City Manager Gudenkauf Lb' 2 Eagle Food Centers, Inc. An amended notification from Eagle Food Centers, Inc. pursuant to the Worker Adjustment and Retraining Notification Act, and applicable State law and advising that the company has filed for Chapter 11 bankruptcy. Suggested Disposition: Receive and File Eagles ItT Police Department Towing Contract City Manager recommending approval for renewal of the towing contract with Wenzel Towing. Suggested Disposition: Receive and File; Approve Towing - MVM Hem( Towing - Staff Memo = Section 8 Management Assessment Program (SEMAP) City Manager advising that the City of Dubuque Housing Department has been designated a "High Performing" housing authority by the U.S. Department of Housing and Urban Development, with a rating score of 100%. Suggested Disposition: Receive and File SEMAP - MVM Memc SEMAP - Staff Memo HUD Ltr Establishment of Fair Market Value on U.S. 20 Properties City Manager recommending approval of the establishment of fair market values of three pamels of property needed as right-of-way for the proposed U.S. 20 traffic flow improvement project. RESOLUTION Establishing fair market value for the acquisition of certain real property owned by Center Grove Methodist Episcopal Cemetery Association in the City of Dubuque, Iowa RESOLUTION Establishing fair market value for the acquisition of certain real property owned by WCB Hotels, Inc. in the City of Dubuque, Iowa RESOLUTION Establishing fair market value for the acquisition of certain real property owned by CNL Funding 2000-A., L.P. in the City of Dubuque, Iowa 3 Suggested Disposition: Receive and File; Adopt Resolutions US 20 - MVM Memo US 20 - Staff Memo Center Grove - Attachment A Resolution WCB - Resolution Attachment B CNL - Resolution Attachment C Grand River Center - Temporary Meeting Room Names City Manager recommending that the temporary names for meeting rooms at the Grand River Center, which were approved by Council on June 2, 2003, be revised to be consistent with industry standards for conference and convention facilities. Suggested Disposition: Receive and File; Approve Names - IvIVM Memc Names - Staff Memo 10. Business Licenses RESOLUTION Granting the issuance of two renewal permits to sell cigarettes and cigarette papers within the City to Hammerheads Bar and Awn Stop Mart RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette papers within the City to the Eagles Club RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to Dubuque Jaycees (Tents A, B and C) RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Clarke College, Shannon's Bar/Grill, and Player's Sports Bar; and Special Class "C" Liquor License to Choo Choo Charlie's and Bell Tower Theatre Suggested Disposition: Adopt Resolutions Resolution #! Resolution #2 Resolution #3 Resolution #4 4 ITEMS TO BE SET FOR PUBLIC HEARING General Obligation Bond Sale to Support Stormwater Projects City Manager recommending that a public hearing be set for August 18, 2003 on the proposition of selling not to exceed $2,110,000 in General Obligation Bonds (for an essential corporate purpose) to support stormwater projects. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $2,110,000 General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/18/03 = Bond Sale - HVH Bond Sale - Staff Bond Sale - Memo Memo Resolution Eagle Valley Subdivision Sanitary Sewer Extension Project - Initiate City Manager recommending initiation of the bidding process for the Eagle Valley Subdivision Sanitary Sewer Installation Project and that a public headng be set for AugUst 18, 2003. 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 8/18/03 Eagle Valley - MVM Eagle Valley - Staff Eagle Valley - Memo Memo Resolutions Fiscal Year 2004 Budget Amendment City Manager recommending that a public hearing be set for September 2, 2003 to consider adoption of the Fiscal Year 2004 Budget Amendment 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 9~2~O3 5 Budget - HVFI Hemc Budget - Staff Flemo Budget - Resolution BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Housing Commission (One Section 8 3-year term through 8/17/03 -term of Plein; Three 3-year terms through 8/17/06) Applicants: John Plein (Section 8), Dorothy Culbertson, Jim Holz, and Danita Grant TV Cable Teleprogramming Commission (Two unexpired terms through 6~30~06; One 3- year term through 6/30/06 - term of Tigges) Applicant: Jennifer Tigges Appointments to 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 8117105) Applicant: Gina Bell Transit Board of Trustees (One 3-year term through 7~30~03 - term of Remis) Applicant: Harry J. Bemis Bd and Comm Us~ Overview Sheet Housing Apps Cable TV App CDAC Application Housing ApplicaUon Transit ApplicaUon ACTION ITEMS Convention and Visitors Quarterly Report Sue Czeshinski, Dubuque Area Chamber of Commerce - Convention and Visitors Bureau, to present the CVB Quarterly Report. Suggested Disposition: Receive and File 6 w QHQ Rezoning (Tabled on June 2, 2003) Communication from Kenneth L. Buesing requesting that this item be placed back onto the City Council agenda for consideration. Communication from Kenneth L. Buesing, representing QHQ Development, submitting additional information regarding the QHQ request for rezoning of property located south on Holliday Drive, west of the Northwest Arterial, from AG Agricultural Distric{ to C-3. Communication from Mark Lockwood regarding the QHQ rezoning request and providing an update from the neighborhood meeting. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district, with conditions Suggested Disposition: Receive and File; Remove from Table; Motion B; Motion A Buesing Lb' Buesing/QHQ Lb' Lockwood Ltr .lungbluth Ltr Meehan Ltr Buesing Ltr QHQ - ZAC Le~er QHQ - Application QHQ - Staff Report QHQ - Ordinance Suggested Motion QHQ - Exhibit QHQ - Plat QHQ ~ Conceptual QHQ - Lettam Plan Opposing Traffic Study Memo QHQ - Opposition QHQ - Support Lbs Lbs = 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 Disposition: Receive and File; Approve Subdivision ~ MVH Eagle Valley - Staff Fondell Ltr Task Force - Staff Memo Memo Memo 7 Final Plat - Eagle Valley Subdivision City Manager recommending approval of the final plat of Eagle Valley Subdivision located along Roosevelt Road. RESOLUTION Approving final plat of LotS 1-2, inclusive, of Block 1, Lots 1-27, inclusive of Block 2, Lots 1-13, inclusive, of Block 3, Lots 1-13, inclusive, of Block 4, Lots 1-21, inclusive, of Block 6, Lots 1-10, inclusive, of Block 7, and Lots A-I, inclusive, all of Eagle Valley Subdivision Suggested Disposition: Receive and File; Adopt Resolution Plat - MVM Hemo Plat - Staff Herno Plat - Resolution SubdNision Staff Fondell - Application ReporL Plat - F. xhibit A Fondell - Final Plat Historic District Public Improvement Program Communication from the Historic Preservation Commission requesting that the HDPIP applications be approved as recommended by the Commission, and that the $139,450 in Fiscal Year 2003 funding be restored to the Historic District Public Improvement Program. Communication from Doug Stillings, President of the Downtown Neighborhood Council, requesting Council approval of their two proposed Historic Distric~ Public Improvement Program projects, without funding. Communication from David A. Cox, Treasurer of the Historic Bluffs Neighborhood Association, requesting Council approval of their historic lighting project along Loras Boulevard, without funding. Suggested Disposition: Receive and File; Council HPC Letter Stillings Lb' Cox Lb' Sidewalk Caf6 Ordinance City Manager recommending approval of a change to the Sidewalk Caf~ Ordinance to include a definition of a sidewalk cafe. ORDINANCE Amending Chapter 41 Streets, Sidewalks and Other Public Places, Division 6 Sidewalk Cafes by adding a new Section 41-179 Sidewalk Caf6 Defined; and by amending Section 41-180(c) Authorizing sidewalk cafes for only restaurants or retail businesses where more than fifty percent (50%) of the business conducted on the premises is the sale or dispensing of food or retail items 8 Si¸ Suggested Disposition: Receive and File; Motion B; Motion A Cafes - MVM Memo Cafes - Staff Memo Cafes - Ordinance Suggested Motion Conversion of Apartment Buildings to Condominiums City Manager recommending approval of an amendment to Chapter 11 (Building Regulations) of the City's Code of Ordinances to regulate the conversion of apartment buildings into condominiums and providing for fees for site and building inspections related to the conversion. ORDINANCE Amending the City of Dubuque Code of Ordinances Chapter 11, Buildings and Building Regulations, by adopting a new Article V Condominium Conversions requiring that an existing structure shall not be converted to a horizontal property regime unless the converted structure meets Building Code requirements and providing the procedure for the issuance of a Certificate of Compliance RESOLUTION Adopting fees for conversation of existing structures used for human habitation to horizontal property regimes (condominiums) Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution Conversion - MVM Conversion - Staff Conversion - Conversion - Sample Ordinances Suggested Motion Memo Memo Ordinance Resolution Amending the Electrical Ordinance, Heating and Ventilating Ordinance, and the Plumbing Ordinance City Manager recommending approval of three ordinances to increase the electrical license fees; mechanical license fees; and plumbing license fees as approved as part of the recent Fiscal Year 2004 budget amendment. ORDINANCE Amending the City of Dubuque Code of Ordinances, Section 18-2, Article 83-7, Table 13-B Electrical Examination, License and Registration Fees ORDINANCE Amending the City of Dubuque Code of Ordinances, Section 24-2, Article 308, Table 3-B Mechanical Examination, Registration and Certificate of Competency Fees ORDINANCE Amending the City of Dubuque Code of Ordinances Section 37-2, Table 20-B, Plumbing Examination, License and Registration Fees Suggested Disposition: Receive and File; Motion B; Motion A 9 Fees - MVM Memo Fees - Staff Memo Eletrical Ordinance Mechanical Plumbing Ordinance Ordinance Suggested Motion 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 31, 2003 10