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11 17 03 Agenda with iconsCITY 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 Proclamation 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 10/30, 11/3 and 11/10; Electrical Code Board of 11/3; Histodc 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 Council of ~t0/30 Coundl of :L~./03 Council of ~././10 Electrical Code Bd HPC Housing Code Park and Rex: Zoning Advisory Zoning Bd of Adj 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; Lod 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 Lori Weig for property damage and directing that the Finance Department issue payment. suggested Disposition: Receive and File; Concur; Finance to Issue Payment Claims - 1CAP Claim - SetUement m Eagle Point Bluffs Communication from Brenda Palmer regarding the Eagle Point Bluffs and the condominium project. Suggested Disposition: Receive and File Palmer Ltr 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 Pickel Ltr Tri-State Community Health Center Communication of City Manager Michael C. Van Milligen to the Bureau of Pdmary Health Care in support of the Tri-State Community Health Center's application for a federally qualified community health center. 2 Suggested Disposition: Receive and File; Approve = Community Health Ctr Lb' 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 Adams - BAL !_tr = 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 I'DED Ltr 8, 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 Baseball Ltrs MVH Response m 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 3 Suggested Disposition: Receive and File; Adopt Resolution Kopp - ZAC Ltr Kopp - Staff Memo Kopp - Resolution K0pp - Application Kopp - Map Kopp - Plat 10. 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 [DED - MVM Memo [DED - Staff Memo [DED - Mayor's Ltr 11. 12. 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 Depot ~ MVM Memo Depot - Staff Memo Depot - Resolution #1 Depot - Resolution #2 Depot - Completion Ce~ficate 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 Museum - MVM Mere Museum - Staff Museum - Resolution Museum - Resolution Certificate of Memo # 1 #2 Completion 4 Abstract of Votes Submittal of the Abstract of Votes for the November 3, 2003 City Council election. Suggested Disposition: Receive and File Abstract of Votes 14, Legislative Correspondence Communication of City Manager to Senators Charles 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 Grassley Lb' Harldn Lb' 15. 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 Cabela Ltr 16. Letter of Appreciation Communication from Mary Ann Kress, Alverno Apartments, expressing appreciation to the Council for their good work in guiding the City, especially regarding WalMart. Suggested Disposition: Receive and File Kress Ltr Des Ploines Article 5 17. 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; Approve [DOT - Staff IViemo Mayor's LO to IDOT River Trail - IDOT Ltl MRT Plan 18. 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 ResolutJon #! Resolution #2 Resolution #3 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 6 ~ ~elia - MVM Memo St Celia - Vicinity MaI S~ Celia - Plat St. Celia - Staff St. Cella - Resolution St. Celia - Ordinance St. Celia - Resolution Memo #1 #2 = 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 = Seippel - MVM Memo Seippel - Staff Memo Seippel Road - Seippel - Aerial Map Resolutions 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 headng on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 12/15/03 Eagle Valley - MVM Eagle Valley - Staff Eagle Valley - Memo Memo Resolutions 7 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 Klostermann Housing Commission (One 3-Year Term to Expire 8/17/04): Applicant: Dorothy Schwendinger, OSF Bd and Comm Mst Overview Sheet ESAC Application Housing Application PUBLIC HEARINGS SUSPEND THE RULES Joseph and Ruth Siegert/Dubuque Community School District Proof of publication on notice of hearing to consider rezon~ng property located on Radford Road near Saratoga Road from AG Agricultural Distdct to R-1 Single-Family Residential District at the request of Joseph and Ruth Siegert/Dubuque Community School Distdct 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 Df 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 Radford - ZAC Ltr School - Application School - Vicinity Hap School - Staff Report School - Ordinance Request to Rezone Property - 468 Lincoln Avenue Proof of publication on notice of headng 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 Distdct to CS Commercial Sewice and Wholesale District 8 Suggested Disposition: Receive and File; Motion B; Motion A Winger - ZAC !..tr Winger - Staff Winger - Ordinance Winger - Application Winger - Hap Report Winger - Ltrs and Petition Winger - MVM Memc Photo #2 Photo Photo #3 Photo Photo #5 Photo #6 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 corner of Tanzanite Drive and Sapphire Cimle with a Planned Residential Designation ~o 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 Distdct and approving an amended ordinance for the Emerald Acres No. 2 Planned Unit Development Distdct Suggested Disposition: Receive and File; Motion B; Motion A PUD - ZAC Lb' Equity - Application Equity - Hap Equity - Staff Report Eck - Ordinance Equ~ - Drawings Sample Homes 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 Harris 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. 9 Suggested Disposition: Receive and File; Motion B; Motion A Seippel - ZAC Ltr Seippel - Staff Seippel - Ordinance Harris - Application Harris - Hap LI Zoning Us~ Report 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 Garfield - ZAC Ltr Garfield - Staff Report Gar~eld - Ordinance Potter - ApplicaUon Potter - Map 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 District 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 Asbury - ZAC Ltr Assbury - Staff Asbury - Ordinance Right to Life - Right to Ufe - Map Report Application Four Mounds Estate Historic District - Petition for Landmark Status Proof of publication on notice of headng 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 10 of Landmarks, Landmark Sites and Historic Districts to include the Four Mounds Estate Historic District as a City Landmark Suggested Disposition: Receive and File; Motion B; Motion A Four Mounds - HPC Four Mounds - HPC Lb' to State State Historica Lb' Ordinance Sodety Lb' Material from September i5, 2003 Meeting Four Mounds - HPC Four Mounds - Four Mounds - Staff Ltr LRPAC Lb- Memo Four Mounds - Ordinance Four Mounds - Memo to LRPAC Foundation Lb` Natl Registration Code Section 25-6 HPC Vision/rGoai$ Form County Farm Interceptor Sewer Connection Fee Proof of publication on notice of hearing and notice to property owners to consider establishing the County Farm intemeptor 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 Sewer-MVM Memo Sewer - Staff Memo Material from October 20, 2003 Meeting Sewer Fee - MVM Sewer Fee - Staff Sewer Fee - Sewer Fee ~ Memo Memo Resolution Ordinance 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 histodc structUres approving a Tax Rebate Agreement with Cooper Development Company li 10. Suggested Disposition: Receive and File; Adopt Resolution Cooper - MVM Memo Cooper - Staff Memo Cooper - Resolution Cooper - Agreement Material from November 3, 2003 Meeting Cooper - MVM Memc Cooper - Staff Memo Cooper - Resolution Tax rebate Agreement Cooper - HPC Lt~ Cooper - Staff Cooper - Application Memos 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 meetin§ 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 Baseball - MVM Mere Baseball - Staff Noth Material Memo Material from November 3, 2003 Meeting Baseball- 11/3 Material 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 America's Crown - NLC Matedal MVM Memo i2 = 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 L'3/B Quarterly CVB Editorial Report Information 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 Towing - MVM Hem( Towing - Staff Memo Changes - Staff Towing - Towing - Checklist Memo Specifications 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 Grenen Properties for development of affordable housing on Main and West 11th Streets. 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 contributing effort for the development of affordable housing on Main and West 11th Streets Suggested Disposition: Receive and File; Adopt Resolutions Gronen - MVM Hem( Gronen - Staff Memo Gronen - Resolution Gronen - Resolution #1 #2 ContdbutJon Felderman Ltr Verification 13 w 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 'lOth and 11th Streets as requested by the developer. Suggested Disposition: Receive and File; Adopt Resolution Loan - ivivH Nemo Loan - Staff Iviemo Gronen 2% - 30 Gronen 3% - 20 Years Years 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 V~,ns~one - r4VN Wynestone ~ Staff Wynsb3ne - Wynstone - Staff Wynstone - ~lemo Flemo Resolution Report Application Wynstone - Map Wynstone - Plats 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 Harwst View - FJVM Harvest View - Staff 1'4emo iViemo Harvest View - Staff Report Harve~ View Resolution 14 Harvest View o Harvest View - Map Harvest View - Plat Application 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 Freedom Ridge - Freedom Ridge - MVM Memo Staff Memo Freedom Ridge - Staff Report Freedom Ridge - Freedom Ridge Resolution Application Freedom Ridge ° Ma[ Freedom Ridge - Pla! 10. Ridgeway Park - Preliminary Plat Zoning Advisory Commission recommending approval of the preliminary plat of Ridgeway Park located in the 17000 block of John Deere Road in Dubuque County as requested by Randy Hefel. Suggested Disposition: Receive and File; Approve Ridgeway - ZAC Lb' PJdgeway - Staff Ridgeway - Ridgewa¥ - Plat Report Application 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 RFP - MVM Memo RFP - Staff Memo Baseball RFP 15 11. 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 Arlwork - MVM Mem( Artwork - Staff Memo NOTE: Pictures of proposed artwork provided as hard coPy. 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 Vendom - MVM Me~ Vendors - Staff Vendors - Map Memo 13. Fiscal Year 2005 Budget Presentations City Council to provide direction on staff presentations for the upcoming Fiscal Year 2005 Budget sessions. Suggested Disposition: Council 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. CLOSED SESSION Property Acquisition - Chapter 21.5(1 )(j) 2003 Code of Iowa Jeanne F. Schneider November 13, 2003 16