11 17 03 Agenda No IconsCITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING
Government .Body: City Council
Date: Monday, November 17, 2003
Time: 6:30 p.m.
Place of Meetin~l: Public Librar~Auditorium
NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at
the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
See Attached Agenda
This notice is given pursuant to Chapter 21, Code of Iowa, 2003, and applicable
local regulations of the City of Dubuque, Iowa and/or governmental body holding the
meeting.
~/~eanne F. Schneider, CMC, City'Cl~
ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE OR
PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY
CLERK'S OFFICE AT (563) 589-4120 OR TDD (563) 690 6678 AT LEAST 48 HOURS
PRIOR TO THE MEETING
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, NOVEMBER 17, 2003
INVOCATION
Reverend Andrew Eagan, Pastor of St. Thomas of Canterbury Anglican Church
PROCLAMATIONS
Hunger and Homelessness Awareness 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.
Minutes and Reports Submitted
City Council of 10/30, 11/3 and 11/10; Electrical Code Board of 11/3; Historic
Preservation Commission of 10/23; Housing Code Appeals Board of 10/21; Park and
Recreation Commission of 10/14; Zoning Advisory Commission of 10/1; Zoning Board
of Adjustment of 10/29
Proofs of publication of City Council Proceedings for October 20, 2003 and List of
Claims and Summary of Revenues for month ending September 30, 2003
Finance Director submitting the City of Dubuque Financial Reports for month ending
October 31, 2003
Suggested Disposition: Receive and File
Notice of Claims/Suits
Coghlan, Kukankos, Cook LLL for personal injury of Trevor Hingtgen; Farner Bocken
Company for vehicle damage; Yvonne Collins for personal injury; Gregory Jelinek, Jr.
for personal injury; Delbert C. Keuter for vehicle damage; Scott Spensley for property
damage; Lori Weig for property 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:
Coghlan, Kukankos, Cook LLC for personal injury of Trevor Hingtgen; Yvonne Collins
for personal injury; Farner Bocken Company for vehicle damage; Gregory Jelinek, Jr.
for personal injury
Corporation Counsel recommending settlement of the claim of Loft Weig for property
damage and directing that the Finance Department issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
Sm
Eagle Point Bluffs
Communication from
condominium project.
Brenda
Palmer regarding the
Eagle Point Bluffs and the
Suggested Disposition: Receive and File
Request to Purchase City Property
Communication from Roger and Ann Pickel requesting to purchase a portion of Lot 1 of
Clark's Subdivision No. 2 for the cost of surveying and platting fees, plus $1.00.
Suggested Disposition: Receive and File; Refer to City Manager
Tri-State Community Health Center
Communication of City Manager Michael C. Van Milligen to the Bureau of Primary
Health Care in support of the Tri-State Community Health Center's application for a
federally qualified community health center.
Suggested Disposition: Receive and File; Approve
Adams Company vs. City of Dubuque
Corporation Counsel advising that the Adams Company has dismissed its lawsuit
against the City.
Suggested Disposition: Receive and File
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that on
October 16, 2003, the Iowa Department of Economic Development approved the
Community Economic Betterment Account Application (CEBA) for Shepherd
Incorporated.
Suggested Disposition: Receive and File
Proposed Baseball Stadium
Two communications from citizens urging a "no" vote on the referendum and one
communication regarding the location of the stadium with a response from the City
Manager regarding the proposed location.
Suggested Disposition: Receive and File
Kopp's John F. Kennedy Addition No. 2 - Final Plat
Zoning Advisory Commission recommending approval of the final plat of John F.
Kennedy Addition No. 2 as requested by Lyle Kopp.
RESOLUTION Approving the final plat of John F. Kennedy Addition No. 2
Suggested Disposition: Receive and File; Adopt Resolution
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Iowa Department of Economic Development - Grant Contract for Downtown
Planning
City Manager recommending approval of an extension to the Iowa Department of
Economic Development grant contract for downtown planning.
Suggested Disposition: Receive and File; Approve
Burlington Northern Railroad Depot Restoration Project - Acceptance
City Manager recommending acceptance of the Burlington Northern Railroad Depot
Project - Contract #2 - Roof, Gutters and Downspouts, as completed by A & G Electric
Company in the final contract amount of $78,430.86.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Woodward Museum - 2002 Renovations Project - Contract #2 - Acceptance
City Manager recommending acceptance of Woodward Museum - 2002 Renovations
Project Contract #2 as completed by T & K Roofing and Sheet Metal Company in the
final contract amount of $93,490.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Abstract of Votes
Submittal of the Abstract of Votes for the November 3, 2003 City Council election.
Suggested Disposition: Receive and File
Legislative Correspondence
Communication of City Manager to Senators Chades Grassley and Tom Harkin urging
them to oppose efforts to pass damaging legislation as a part of an appropriations bill,
to oppose attempts to limit debate, and to support the amendment offered by Senators
Carper and Alexander to extend the present moratorium to 2005.
Suggested Disposition: Receive and File; Approve
Letter of Support - Cabela's Walleye Tournament
City Manager recommending approval of a letter supporting the efforts of the Dubuque
Area Chamber of Commerce and the Grand Harbor Resort and Waterpark to attract the
2005 Cabela's National Walleye Tournament to Dubuque.
Suggested Disposition: Receive and File; Approve
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Letter of Appreciation
Communication from Mary Ann Kress, AIverno Apartments, expressing appreciation to
the Council for their good work in guiding the City, especially regarding WalMart.
Suggested Disposition: Receive and File
Iowa's Mississippi River Trail Plan
City Manager recommending approval of the submittal of comments to the Iowa
Department of Transportation regarding the Iowa Mississippi River Trail Plan.
Suggested Disposition: Receive and File
Business Licenses
RESOLUTION Granting the issuance of one permit to sell cigarettes and cigarette
papers within the City to Jumpers Sports Bar
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Kwik Stop Food
Mart
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Aragon
Tap, Jumpers Sports Bar and Grill, and Point Restaurant; Special Class "C" Liquor
License to Mandarin Garden Buffet; and Class "B' Wine to P.S. I Love You
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
St. Celia Street - Request to Vacate
City Manager recommending that a public hearing be set for December 1, 2003 to
consider a request from Damian F. Arensdorf for the vacating of a portion of the alley
north of Hillcrest Road and west of St. Celia Street behind his residence at 2117 St.
Celia Street.
RESOLUTION Approving plat of proposed vacated part of the existing alley in Block 1
of Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa
ORDINANCE Vacating a part of the existing alley in Block 1 of Sunset Park Subdivision
No. 3 in the City of Dubuque, Dubuque County, Iowa
RESOLUTION Of intent to dispose of City interest in Lot lA of Block 1 in Sunset Park
Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion
A; Public Hearing 12/1/03
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Seippel Road Water Main Extension Project
City Manager recommending initiation of the bidding process for the Seippel Road
Water Main Extension Project and setting a public hearing for December 15, 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
12/15/03
Eagle Valley Subdivision Water Main and Service Line Extension Project
City Manager recommending initiation of the bidding process for the Eagle Valley
Subdivision Water Main and Service Line Extension Project and setting a public hearing
for December 15, 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
'12/15/03
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory Commission (One 3-Year Term to Expire 10/1/05):
Applicant: Wayne KIostermann
Housing Commission (One 3-Year Term to Expire 8/17/04):
Applicant: Dorothy Schwendinger, OSF
PUBLIC HEARINGS
SUSPEND THE RULES
Joseph and Ruth Siegert/Dubuque Community School District
Proof of publication on notice of hearing to consider rezoning property located on
Radford Road near Saratoga Road from AG Agricultural District to R-1 Single-Family
Residential District at the request of Joseph and Ruth Siegert/Dubuque Community
School District 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 west of
Radford Road and north of Saratoga Road from G Agricultural District to R-1 Single-
Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
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Request to Rezone Property - 468 Lincoln Avenue
Proof of publication on notice of hearing to consider rezoning property located at 468
Lincoln Avenue from R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District at the request of Jay Winger/Winger Construction, LLC
and Zoning Advisory Commission recommending approval, with conditions.
City Manager submitting photographs of the Winger Construction site previously located
in the Port of Dubuque.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 468
Lincoln Avenue from R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District
Suggested Disposition: Receive and File; Motion B; Motion A
Equity Builders/Peter Eck - Amend Planned Unit Development District
Proof of publication on notice of headng to consider amending the Planned Unit
Development District at the northwest comer of Tanzanite Drive and Sapphire Circle
with a Planned Residential Designation to facilitate development of forty new housing
units at the request of Equity Builders/Peter Eck and Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinances No. 10-99 and 96-
02, which adopted regulations for the Emerald Acres No. 2 PUD Planned Unit
Development District and approving an amended ordinance for the Emerald Acres No. 2
Planned Unit Development District
Suggested Disposition: Receive and File; Motion B; Motion A
Request to Rezone Property- 13503 Seippel Road
Proof of publication on notice of hearing to consider rezoning property located at 13503
Seippel Road from County R-2 Single-Family Residential District to City LI Light
industrial District, in conjunction with annexation, at the request of Kenneth and Maurine
Hards 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 13503
Seippel Road from Dubuque County R-2 Single-Family Residential District to City of
Dubuque LI Light Industrial District, concurrent with annexation.
Suggested Disposition: Receive and File; Motion B; Motion A
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Request to Rezone Property - 521 Garfield
Proof of publication on notice of hearing to consider rezoning property located at 521
Garfield Avenue from R-2A Alternate Two-Family Residential District to OR Office
Residential District at the request of Scott Potter 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 520
Garfield Avenue from R-2A Altemate Two-Family Residential District to OR Office
Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Request to Rezone Property- 1870 Asbury Road
Proof of publication on notice of hearing to consider rezoning property located at 1870
Asbury Road from C~1 Neighborhood Commercial District to C-2 Neighborhood
Shopping Center Distdct at the request of Dubuque County Right to Life 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 1870
Asbury Road from C-1 Neighborhood Commercial District to C-2 Neighborhood
Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A
Four Mounds Estate Historic District - Petition for Landmark Status
Proof of publication on notice of hearing to consider designating the Four Mounds
Estate Historic District as a City (local) Landmark and Historic Preservation Commission
recommending approval.
ORDINANCE Amending Chapter 25 (Historic Preservation Ordinance) of the City of
Dubuque Code of Ordinances by amending Section 5-6 Identification and Designation
of Landmarks, Landmark Sites and Historic Districts to include the Four Mounds Estate
Historic Distdct as a City Landmark
Suggested Disposition: Receive and File; Motion B; Motion A
County Farm Interceptor Sewer Connection Fee
Proof of publication on notice of hearing and notice to property owners to consider
establishing the County Farm interceptor sewer connection fee at $500 per acre and
City Manager recommending approval.
ORDINANCE Establishing a schedule of sewer connection fees for the connection of
property to the County Farm Sanitary interceptor Sewer
Suggested Disposition: Receive and File; Motion B; Motion A
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Cooper Development Company, LLC - Tax Increment Financing
Proof of publication on notice of hearing to consider approval of Cooper Development
Company's application for Property Tax Rebates for Historic Properties for seven years
and City Manager recommending approval.
RESOLUTION Approving an application for property tax rebates for the renovation of
certain historic structures approving a Tax Rebate Agreement with Cooper
Development Company
Suggested Disposition: Receive and File; Adopt Resolution
Authorization of a Loan Agreement and Issuance of Not to Exceed $15,000,000
General Fund Capital Loan Notes
Proof of publication on notice of hearing to conduct a discussion meeting and public
hearing on the authorization of a Loan Agreement and the issuance of not to exceed
$15,000,000 General Fund Capital Loan Notes of the City of Dubuque, Iowa.
Suggested Disposition: Receive and File
REINSTATE THE RULES
ACTION ITEMS
America's Crown Communities
City Manager advising that the City of Dubuque has been named one of America's
Crown Communities for 2003 for the America's River project and improvements in the
Port of Dubuque.
Suggested Disposition: Receive and File
Dubuque Area Chamber of Commerce - Convention & Visitors Bureau Report
Sue Czeshinski, Convention and Visitors Bureau, to make verbal quarterly progress
report.
Suggested Disposition: Receive and File
Police Department Towing Contract
City Manager recommending approval of the Towing Checklist and Request for
Proposals for the Police Department Towing Contract for use in seeking proposals for
the 2003 - 2006 City of Dubuque Towing Contract.
Suggested Disposition: Receive and File; Approve
Affordable Housing Tax Credit Application from Gronen Properties
City Manager recommending adoption of two resolutions required by the Iowa Finance
Authority as part of the application for Affordable Housing Tax Credits from Gronen
Properties for development of affordable housing on Main and West 11th Streets.
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Communication from Bob Felderman in support of the Gronen Properties proposed
renovation projects in the 1000 block of Main Street.
RESOLUTION Of support for the development of affordable housing on Main and West
11th Streets
RESOLUTION Of local contdbuting effort for the development of affordable housing on
Main and West 11th Streets
Suggested Disposition: Receive and File; Adopt Resolutions
Downtown Rehabilitation Loan - Gronen Properties
City Manager recommending approval of a Downtown Rehabilitation Loan, at two
percent interest for thirty years, for the rehabilitation of six buildings on both sides of
Main Street between 10th and 11th Streets as requested by the developer.
Suggested Disposition: Receive and File; Adopt Resolution
Wynstone Subdivision - Final Plat
City Manager recommending approval of the final plat for Wynstone Subdivision, which
provides for the construction of 65 single-family building lots and the dedication of three
new public streets. The subject property is located off of John F. Kennedy Road near
Eisenhower School.
RESOLUTION Approving the final plat of Lots 1 thru 65, inclusive, and Lots A thru F,
inclusive of Wynstone Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Harvest View Estate Fourth Addition - Final Plat
City Manager recommending approval of the final plat for Harvest View Estate Fourth
Addition to allow for development of twelve additional single-family lots and providing
street access for the new senior housing development that was recently approved.
RESOLUTION Approving the final plat of Harvest View Estates Fourth Addition, in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Freedom Ridge Subdivision - Final Plat
City Manager recommending approval of the final plat for Freedom Ridge Subdivision, a
proposed residential development located off of Oakland Farms Road in Dubuque
County.
RESOLUTION Approving the final plat of Freedom Ridge Estates in Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Ridgeway Park - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of
Ridgeway Park located in the 17000 block of John Deers Road in Dubuque County as
requested by Randy Hefel.
Suggested Disposition: Receive and File
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Request for Proposals - Design Services for Baseball Stadium
City Manager recommending approval of the issuance of a Request for Proposals for
design services for the baseball stadium.
Suggested Disposition: Receive and File; Approve
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Grand River Center - Artwork
City Manager recommending approval of the selection of artists for placement of
artwork in the Grand River Center.
Suggested Disposition: Receive and File; Approve
12.
Vendor Locations - Port of Dubuque
City Manager recommending approval of the maximum amount of vendor locations at
the Port of Dubuque and Hawthorne Street Peninsula.
Suggested Disposition: Receive and File; Approve
13.
Fiscal Year 2005 Budget Presentations
City Council to provide direction on staff presentations for the upcoming Fiscal Year
2005 Budget sessions.
Suggested Disposition: Receive and File; Council
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which ars of
concern to that person and which ars 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.
CLOSED SESSION
Property Acquisition - Chapter 21.5(1 )(j) 2003 Code of Iowa
Jeanne F. Schneider
November 13, 2003
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