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2 16 94 Agenda No 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 CONSENTITEMS The consent agenda items are considered to be routine and non-controversial and ail 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 Notice of Claims/Suits DanEl' Benn for vehicle damage; Daniel Gamer, 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 = 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 Comell Street, portions of West 16uh Street, West 15 Street and Pickett Street. Suggested Disposition: Receive and File 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 City 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 Asbury Voluntary Annexation Including Non-Consenting Owners. Suggested Disposition: Receive and File 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 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 Drive in Dubuque County, subject to waiving the lot frontage requirement for Lot 2. RESOLUTION Approving the plat of survey of Lot I of 2 and Lot 2 of 2 in Ege Mueller Place in Dubuque County Suggested Disposition: Receive and File; Adopt Resolution Release and Indemnity Agreement - City of Dubuque vs. Allen & Urbain, et al Corporation Counsel recommending approval of a Release and Indemnity Agreement acknowledging that the City no longer has any claim against Conlon Construction Company or St. Paul Fire & Madne Company for the handling of the Main Street Buildings litigation. Suggested Disposition: Receive and File; Approve 2 10. 11. 12. 13. 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 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 Comprehensive Annual Financial Report City Manager submitting the Comprehensive Annual Financial Report (CAFR) and Parking Facilities Report for Fiscal Year 2003. Suggested Disposition: Receive and File 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 Wartburg Place Reconstruction Project- Acceptance City Manager recommending acceptance of the Wartburg Place Reconstruction Project as completed by Port. zen 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 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 Farms, LLC Suggested Disposition: Receive and File; Adopt Resolution 3 14. 15. 16. 17. 18. Calendar Year 2003 Urban Revitalization Program Applications City Manager recommending appreva~ of seven 2093 Urban Revitalization Program applications for residential property tax exemption. RESOLUTION Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor Suggested Disposition: Receive and File; Adopt Resolution 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 Agri Grain/Cargill Lease Assignment City Manager recommending approval of a request from Agd 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 Senate Impact Survey Communication from City Manager Michael C. Van Milligen to Senator Mike Grenstal, 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 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. Suggested Disposition: Receive and File; Approve 4 19. m Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Big10 Mart, Hartig Drug ~ 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 Greyhound Park and Casino; and Class "B" Wine Permit to Hartig Drug #4 and Econo Foods #471 Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBUC HEARING Residential Parking Permit District- Rosemont Street City Manager recommending 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 Creston Court. RESOLUTION Setting a public hearing on establishment of a Residential Parking Permit District on Rosemont Street from Pennsylvania Avenue to Creston Court Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 311104 Fiscal Year 2005 Operating Budget and Capital Improvement Program Budget City Manager recommending that a public headng 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 5 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 Ten~ Through 1111106 and Three 3-Year Terms Through 1111/07- 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 2/15/07 - Terms of Giesen and Maloy and One 3-Year Low/Moderate Income Term to Expire 2/17/07 - Vacant): Applicants: James Giesen and Paula Maloy, SVM 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 = Old Mill Road Property - Lease Agreement Proof of publication on notice of headng 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 REINSTATE THE RULES 6 ACTION ITEMS West 32"d 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 = 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 runoff to the site on which it falls until peak flow has passed. Suggested Disposition: Council Direction = 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 = 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 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 7