2 16 04 Agenda with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, FEBRUARY 16, 2004
INVOCATION
Dr. Catherine Dunn, BVM, President of Clarke College
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 2/2 and 2/9; Civil Service of 1/20; Enterprise Zone Commission of 2/2;
Human Rights Commission of 1/12; Zoning Advisory Commission of 2/4
Carnegie-Stout Public Library Board of Trustees Update for Meeting of 1/22/04
Proofs of publication of City Council Proceedings of 1/19/04 and 1/26/04 and List of
Claims and Summary of Revenues for month ending December 31,2003
Finance Director submitting the Financial Reports for the month ending January 31,
2004
Suggested Disposition: Receive and File
Council of 2/2 Council of 2/9 Enterprise Zone Human Rights Zoning Advisory Library Update
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Notice of Claims/Suits
DanEl' Benn for vehicle damage; Daniel Garner, Jr. for vehicle damage; Horacio M.
Gonzales and Rose J. Gonzales vs. the 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:
Dubuque Storage and Transfer Company for property damage; Lynn M. Valley for
vehicle damage
Corporation Counsel recommending settlement of the claim of Ron Conrad, owner of
the Glenview Motel, for property damage and directing the Finance Department to issue
payment.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
Claims - ICAP Claims - Settled
Residential Parking Permit District
Communication from John Kerrigan, President of Loras College, in support of the
petition submitted for a Residential Parking Permit District on Cornell Street, portions of
West 16~ Street, West 15 Street and Pickett Street.
Suggested Disposition: Receive and File
Loras College Ltr
o
City Development Board
Filing of Appearance from the City Development Board in the matter of the City of
Dubuque Voluntary Annexation Including Non-Consenting Owners.
Filing of Appearance from the C~ity Development Board in the matter of the City of
Asbury Voluntary Annexation.
Notice of meeting to consider Motion to Dismiss in the matter of the City of AsbuCy
Voluntary Annexation Including Non-Consenting Owners.
Suggested Disposition: Receive and File
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Annexation Notice Annexation Notice Annexation - Motion
#1 #2 to Dismiss
Asbury Plaza No. 11 - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Asbury Plaza
No. 11, subject to waiving the lot frontage requirement:
RESOLUTION Approving the final plat of Asbury Plaza No. 11 in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Asbury Plaza - ZAC Asbury Plaza - Rubloff - Application Rubloff - Vicinity Ma[ Rubloff - Staff Memo
Ltr Resolution
Rubloff - Final Plat
Plat of Survey - Ege Mueller Place
Zoning Advisory Commission recommending approval of the plat of survey of Ege
Mueller Place north of the intersection of John F. Kennedy Road and Deer Valley Ddve
in Dubuque County, subject to waiving the lot frontage requirement for Lot 2.
RESOLUTION Approving the plat of survey of Lot 1 of 2 and Lot 2 of 2 in Ege Mueller
Place in DubUque County
Suggested Disposition: Receive and File; Adopt Resolution
Ege Mueller - ZAC Ltl Ege Mueller - Ege - Application Ege - Plat of Survey Ege - Staff Memo Ege - Plat
Resolution
Release and Indemnity Agreement - City of Dubuque vs. Allen & Urbain, et al
Corporation Counsel recommen_ding approval of a Release and Indemnity Agreement
acknowledging that the City no longer has any claim against Conlon Construction
Company or St. Paul Fire & Marine Company for the handling of the Main Street
Buildings litigation.
Suggested Disposition: Receive and File; Approve
Releese - BAL Lb" Release and
Indemnity Agr
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Management Agreement for Bunker Hill Golf Course
City Manager recommending approval of a management agreement with G.M.S., Inc.
(George Stephenson) for the Bunker Hill Golf Course for the period Mamh 1, 2004
through November 30, 2004.
Suggested Disposition: Receive and File; Approve
Mgmt Agreement - Mgmt Agreement ~ Mgmt Agreement
MVM Memo Staff Memo Contract
Iowa Department of Natural Resources 28E Agreement
City Manager recommending approval of a 28E Agreement with the Iowa Department of
Natural Resources to provide funds for construction of a fishing pier at Heron Pond.
Suggested Disposition: Receive and File; Approve
IDNR - MVM Memo IDNR - Staff Memo 28E Agreement
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11.
Comprehensive Annual Financial Report
City Manager submittin~ the Comprehensive Annual Financial Report (CAFR) and
Parking Facilities Report for Fiscal Year 2003.
Suggested Disposition: Receive and File
CAFR - MVM Memo CAFR - Staff Memo Response to Audit Eide Bailly Ltr Parking Facilities
Mgmt Ltr Report
White Street Reconstruction Project - Preliminary Final Assessments
City Manager recommending approval of the preliminary schedule of final assessments
for the White Street Reconstruction Project.
RESOLUTION Approving the preliminary schedule of final assessments
Suggested Disposition: Receive and File; Adopt Resolution
White St - MVM White St - Staff White St - Resofotion
Memo Memo
White - Assessments
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13.
Wartburg Place Reconstruction Project - Acceptance
City Manager recommending acceptance of the War[burg Place Reconstruction Project
as completed by Portzen Construction, Inc. in the final contract amount of $638,398.68
and approval of the preliminary schedule of final assessments.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
RESOLUTION Approving preliminary schedule of final assessments
Suggested Disposition: Receive and File; Adopt Resolutions
Wartburg - MVM Wart. burg - Staff Wartburg - Wartburg - War[burg - Final
Memo Memo Resolutions Assessments Cost
Agreement with Kivlahan Farms, LLC
City Manager recommending approval of an agreement between the City of Dubuque
and Kivlahan Farms, LLC for the exchange of properties along the west side of the
Arboretum property abutting the next phase of Arbor Estates, owned by Kivlahan
Farms, LLC.
RESOLUTION Approving agreement with Kivlahan Farms, LLc for the exchange of
properties along the west side of the Arboretum abutting the next phase of Arbor
Estates owned by Kivlahan Farrhs, LLC
SUggested Disposition: Receive and File; Adopt Resolution
Kivalahan Farms Kivlahan - Memo Kivlahan - Resolution Kivlahan Agreement
14.
Calendar Year 2003 Urban Revitalization Program Applications
City Manager recommending approval of seven 2003 Urban Revitalization Program
applications for residential property tax exemption.
RESOLUTION Approving residential property tax exemption applications
submitted by property owners ir~ recognized urban revitalization areas and
authorizing the transmittal of the approved applications to the City Assessor
Suggested Disposition: Receive and File; Adopt Resolution
Applications - MVM ApplicaUons - Staff Applications -
Memo Memo ResoluUon
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17.
Dubuque County Historical Society Lease Amendment
City Manager recommending approval of a second amendment to the lease agreement
between the City and the Dubuque County Historical Society regarding insurance
requirements.
Suggested Disposition: Receive and File; Adopt Resolution
DCHS - MVM Memo DCHS - Staff Memo DCHS Second
Amendment
Agri Grain/Cargill Lease Assignment
City Manager recommending approval of a request from Agri Grain Marketing, LLC that
their leases with the City be assigned to Cargill, Incorporated.
RESOLUTION Consenting to the assignment of leases between the City of Dubuque
and Agri Grain Marketing, LLC to Cargill, Incorporated
Suggested Disposition: Receive and File; Adopt Resolution
Assignment - MVM Assignment - Staff Assignment - Cargill Ltr
Memo Memo Resolution
Senate Impact Survey
Communication from City Manager Michael C. Van Milligen to Senator Mike Gronstal,
Democratic Leader of the Iowa Senate, in response to the Senate Impact Survey for
2004 Cuts in State Aid.
RESOLUTION Requesting a limitation on reduction in State aid to lOcal governments
Suggested Disposition: Receive and File; Adopt Resolution
Gronstal - MVM Ltr Gronstal Survey Cuts - Resolution
18.
Legislative Correspondence -
Communication from City Manager Michael C. Van Milligen to local legislators urging
their support of funding property tax credits to cities and restoring the bank franchise fee
to cities and counties.
Communication from City Manager Michael C. Van Milligen to local legislators urging
opposition to the proposal to establish a retroactive sunset clause for slum and blight
Tax Increment Financing districts.
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Suggested Disposition: Receive and File; Approve
House - Tax Credits Senate - Tax Credits Legislatom - TIF
Legislator List
19.
Business Licenses
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Big10 Mart, Hartig
Drug #4 and Econo Foods #471
RESOLUTION Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to
Best Western Dubuque Inn; Class "C" Beer/Liquor License to Rafters, Tony's Place,
Hammerheads Bar/Billiards, and Dubuque Grayhound Park and Casino; and Class "B"
Wine Permit to Hartig Drug #-4 and Econo Foods ff471
Suggested Disposition: Adopt Resolutions
Resolution #1 Resolution #2
ITEMS TO BE SET FOR PUBLIC HEARING
Residential Parking Permit District- Rosemont Street
City Manager recomm6nding that a public hearing be set for Mamh 1, 2004 to consider
the establishment of a Residential Parking Permit District on Rosement Street between
Pennsylvania Avenue and Craston Court.
RESOLUTION Setting a public headng on establishment of a Residential Parking
Permit Distdct on Rosemont Street from Pennsylvania Avenue to Creston Court
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/1/04
Rosemont - MVM Rosemont - Staff Resement - Rosemont - Flap RPPD Petition and
Memo Memo Resolution Ltrs
Fiscal Year 2005 Operating Budget and Capital Improvement Program Budget
City Manager recommending that a public hearing be set for March 3, 2004 to consider
adoption of the Fiscal Year 2005 Operating Budget and Capital Improvement Program
Budget.
RESOLUTION Setting the date for the public hearing on Fiscal Year 2005 budget for
the City of Dubuque
RESOLUTION Setting the date for the public hearing on the five year Capital
Improvement Program for Fiscal Years 2005 through 2009 for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3~3~04
Budget - MVM Memo Budget - Resolutions Budget Hearing
Notice
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Board:
Housing Code Appeals Board (One Unexpired 3-Year, Term Through 1/11/06 and Three
3-Year Terms Through 1/11/07 - Schaub, Kinsella, Swift)
Applicants: William J. Kinsella, Robert Schaub, Edward Swift
Appointments to the following Commission:
Community Development Advisory Commission (Two 3-Year At-Large Terms to Expire
2115107 - Terms of Giesen and Maloy and One 3-Year Low/Moderate Income Term to
Expire 2117/07 - Vacant):
Applicants: James Giesen and Paula Maloy, SVM
Bd and Corem Us'i: Overview Sheet Hsg Bd of AppeaLs CDAC Applications
Applications
PUBLIC HEARINGS
SUSPEND THE RULES
Amended and Restated Garfield Place Urban Revitalization Area
Proof of publication on notice of hearing to consider approval of an Amended and
Restated Garfield Place Urban Revitalization Area Plan and City Manager
recommending approval.
ORDINANCE Establishing the amended and restated Garfield Place Urban
Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the
Code of Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
Garfield - MVM Mere( Garfield - Staff Mem¢ Garfield - Ordinance Garfield Amendment
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Material from January 5, 2004 Meeting
Garfeld Place - MVM Garfield Place - Staff
Memo Memo
Garfield Place - Urban Revitalization Urban Revitalization
Resolution Plan Area Map
Old Mill Road Property- Lease Agreement
Proof of publication on notice of hearing to consider a lease agreement with David
Hartig for four properties on Old Mill Road which the City acquired through the Hazard
Mitigation Grant Program (HMGP) and which must remain open green space as a
condition of the HMGP program and City Manager recommending approval.
RESOLUTION Disposing of interest in real property by lease with David S. Hartig, Jr.
Suggested Disposition: Receive and File; Adopt Resolution
Lease - MVM Memo Lease - Staff Memo Lease - Resolution Lease Agreement
Material from February 2, 2004 Meeting
Lease - MVM Memo Lea.se - Staff Memo Lease - Background Lease - Resolution
Info
REINSTATE THE RULES
ACTION ITEMS
West 32nd Street Detention Basin Building Moratorium
City Manager recommending that the West 32nd Street Detention Basin Building
Moratorium be extended through August 1,2005.
ORDINANCE Amending Chapter 11 Buildings and Building Regulations of the City of
Dubuque Code of Ordinances by adopting a new Section 11-58.4 Re-establishing an
eighteen-month moratorium on the issuance of permits for work in the West 32nd Street
Detention Basin area
Suggested Disposition: Receive and File; Motion B; Motion A
Moratorium - MVM Moratorium - Staff Moratorium - Moratorium - Map
Memo Memo Ordinance
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Environmental Stewardship Advisory Commission
Communication from the Environmental Stewardship Advisory Commission
recommending that City Council direct staff to consider design criteria for new
construction sites and Best Management Practices to improve water quality and confine
stormwater runoffto the site on which it falls until peak flow has passed.
Suggested Disposition: Council Direction
ESAC Ltr
z
Franchise Renewal Process
City Manager recommending approval to move ahead with the formal renewal process
of the cable franchise of MCCIowa, Inc., as provided by federal :law, while continuing
informal franchise renewal negotiations.
Suggested Disposition: Receive and File; Approve
Franchise - MVM Franchise - Staff
Memo Memo
Legislative Issues
City Manager recommending an amendment to the City's Legislative Issues regarding
changes to property tax credit to local governments, limitations on Tax Increment
Financing (TIF) Districts and continued restrictions to land-based gaming operations.
Suggested Disposition: Receive and File; Approve
~ssues - MVM Memo Legislative Issues Amended Legislative
2004 Issues
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 clearly. 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
February 12, 2004
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