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2 21 05 Agenda without Icons CITY OF DUBUQUE, IOWA CITY COUNCIL SPECIAL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, FEBRUARY 21,2005 INVOCATION Reverend Doctor Thomas Young, Pastor of Westminster Presbyterian Church 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. 1. Minutes and Reports Submitted Airport Commission of 1/31; Arts and Cultural Affairs Commission of 1/25; City Council of 2f7 and 2/15; Five Flags Commission of 1/17; Housing Commission Trust Fund Committee of 2/1; Human Rights Commission of 1/10; Mechanical Board of 2/1; Park and Recreation Commission of 2/8; Zoning Advisory Commission of 2/2; Zoning Board of Adjustment of 1/27 Proof of publication of List of Claims and Summary of Revenues for the month ending December 31 , 2004 Library Board of Trustees Update from Meeting of January 27,2005 Finance Director submitting the City of Dubuque Financial Reports for the month ending January 31, 2005 (on file in City Clerk's Office) Suggested Disposition: Receive and File 2. Notice of Claims/Suits Carrie Bills vs. City of Dubuque et al; Lois Bublitz for property damage; Freedom Properties, LLC for property damage; Ken Kieffer for property damage; Ronald Koppes for vehicle damage; Darryl T. Ricke for vehicle damage; Heidi Stierman vs. the City of Dubuque Housing Division 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: Lois M. Bublitz for property damage; Freedom Properties, LLC for property damage; Ronald Koppes for personal injury/property damage; Darryl T. Ricke for vehicle damage; and Rose Ruff for vehicle damage Corporation Counsel recommending denial of the claim of Ken Kieffer for property damage Suggested Disposition: Receive and File; Concur 3. U.S. Department of Housing and Urban Development Communication from U.S. Department of Housing and Urban Development advising that the audit report for the period July 1, 2003 through June 30, 2004 has been satisfactorily closed. Suggested Disposition: Receive and File 4. Citizen Communication Communication of John and Karla Steger to the Iowa Department of Natural Resources regarding grading and fill activities that have taken place immediately next to their property at 11775 North Cascade Road. Suggested Disposition: Receive and File 5. Tax Assessment Appeal - Stipulation of Settlement Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Kress Industrial Facility, L.L.C. Suggested Disposition: Receive and File; Approve 6. Yiannias Place No.3 - Plat of Survey Zoning Advisory Commission recommending approval of the plat of survey of Lot 1 of 2 and Lot 2 of 2 of Yiannias Place NO.3 located on John F. Kennedy Road. RESOLUTION Approving plat of survey of Lot 1 of 2 and Lot 2 of 2 of Yiannias Place No.3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 7. Yuan Place - Plat of Survey Zoning Advisory Commission recommending approval of the plat of survey of Lot 1 and Lot A of Yuan Place located on John F. Kennedy Road. RESOLUTION Approving plat of survey of Lot 1 and Lot A of Yuan Place Suggested Disposition: Receive and File; Adopt Resolution 2 8. Dubuque Main Street, Ltd. Communication to the Board of Trustees Preservation Committee in support for the nomination of Dubuque Main Street, Ltd. For the National Trust for Historic Preservation's Trustees' Award for Organizational Excellence. Suggested Disposition: Receive and File; Approve 9. Electronic Bidding on Bond Issues City Manager recommending that the City begin utilizing electronic bidding for future bond issues to broaden the pool of potential bidders. Suggested Disposition: Receive and File; Approve 10. Calendar Year 2004 Urban Revitalization Program Applications City Manager recommending approval of eighteen 2004 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 11. University Avenue Extension Project City Manager recommending approval of a purchase agreement for the purchase of property from Elm Real Estate, L.C. (Iowa Glass) for the University Avenue Extension Project. Suggested Disposition: Receive and File; Approve 12. Destination Signs - National Mississippi River Museum and Aquarium Communication of City Manager to Dick Kautz, Iowa Department of Transportation, in support of the installation of highway destination signs for the National Mississippi River Museum and Aquarium and advising that the City agrees to install additional destination signs on the secondary street system within the City. Suggested Disposition: Receive and File; Approve 13. Memorandum of Understanding - McFadden City Manager recommending approval of a Memorandum of Understanding between the City and Vincent and Luella McFadden that will allow the City to proceed with rezoning the McFadden property to industrial use. Suggested Disposition: Receive and File; Approve 3 14. 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 March 1, 2005 through November 30, 2005. Suggested Disposition: Receive and File; Approve 15. Miller-Riverview Park Management Agreement City Manager recommending approval of a management agreement with Pat Felderman for Miller-Riverview Park for the period April 1 through November 1, 2005. Suggested Disposition: Receive and File; Approve 16. Dubuque Voluntary Annexation Communication to Steven R. McCann, City Development Board, regarding Dubuque's voluntary annexation of approximately 704.5 acres. Suggested Disposition: Receive and File 17. Dubuque Yacht Basin Lease City Manager recommending approval of a request from Dubuque Yacht Basin, Inc. to sublease restaurant space to Catfish Charlie's, L.L.C. Suggested Disposition: Receive and File; Approve 18. Public Ice Skating Petition Response City Manager providing a response to the petition requesting that Saturday public skating sessions be scheduled for the remainder of the season at Five Flags. Suggested Disposition: Receive and File 19. Zoning/Subdivision Ordinance Update - Consultant Selection City Manager recommending approval of the selection of Lane Kendig, Inc. to prepare a comprehensive update of the City of Dubuque's Zoning and Subdivision Ordinances, and that City staff negotiate a contract not to exceed $130,000 that includes the firm's internet-based computerized ordinance software. Suggested Disposition: Receive and File; Approve 20. East Central Intergovernmental Association Communication of City Manager to the East Central Intergovernmental Association in support of an application for a collaborative Economic Development Marketing Grant. Suggested Disposition: Receive and File 4 21. Business License Refund Request of Clyde P. Mihalakis, The Dip Tap, for a refund in the amount of $422.50 on his Class C Liquor license. Suggested Disposition: Receive and File; Approve 22. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Lee's 76N.Jest Locust Mart and Big 10 Mart RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to P.J.'s Tap and Bootleggers Pub Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING 1. Sale of Property - 966 Liberty Street City Manager recommending that a public hearing be set for March 7, 2005 to consider a request from Roger and Ann Pickel to purchase Lot 1, Clark's Sub 2 (966 Liberty Street), which is located adjacent to their property. RESOLUTION Of intent to dispose of City interest in Lot 1 Clark's Sub 2 in.the City of Dubuque, Iowa (966 Liberty Street) Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/7/05 2. Dubuque Industrial Center West - General Obligation Bond Issue City Manager recommending that a public hearing be set for March 7, 2005 to consider the issuance of not to exceed $7,265,000 General Obligation Bonds to support grading and infrastructure improvements to the former Bergfeld farm property and other amenities in Bergfeld Recreation Area in the Dubuque Industrial Center Economic Development District. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $7,265,000 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 3/7/05 5 , BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (One 3-year term through 2/15/08 - term of Pregler) Applicant: Janice Craddieth; R.J. Sullivan Zoning Board of Adjustment (One unexpired 5-year term through 3/25/07 - term of Wm. Felderman) Applicant: William J. Gibbs Appointments to the following Boards/Commissions: Community Development Advisory Commission (Three 3-year terms through 2/15/08 - terms of Oliver, Shaw and Pregler) Applicants: David Oliver, David Shaw PUBLIC HEARINGS SUSPEND THE RULES 1. 1960 White Street - Request to Rezone Proof of publication on notice of hearing to consider rezoning a portion of property located at 1960 White Street from R-3 Moderate Density Multi-Family Residential District to C-4 Downtown Commercial District to allow for a commercial garage/office as requested by Jeffrey Jaeger and Zoning Advisory Commission recommending denial. Communication from Jeffrey J. Jaeger withdrawing his rezoning request for property at 1960 White Street. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1960 White Street from R-3 Moderate Density Multi-Family Residential District to C-4 Downtown Commercial District Suggested Disposition: Receive and File; Accept Withdrawal; Deny or Motion B; Motion A 7 2. 4616 Asbury Road - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District as requested by Chuck Nauman/Maxine Roussel and Zoning Advisory Commission recommending approval. Communication from Tim Quagliano regarding the proposed rezoning and access to the parcel of property to be rezoned. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 3. Grandview-University, LLC - Text Amendment Proof of publication on notice of hearing to consider amending Section 3-5.2(B)(1) of the Zoning Ordinance to allow pharmacies as a permitted use in the ID Institutional District as requested by Grandview-University, LLC and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding drug stores as a permitted use in the ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A 4. The Finley Hospital - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at the southeast corner of University Avenue and Grandview Avenue and the southwest corner of West 5th and College Streets from R-2 Two-Family Residential District to ID Institutional District 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 35-93 and 59-00 by approving an amended conceptual development plan for The Finley HospitallD Institutional District and reclassifying hereinafter described property located at the southeast corner of University and Grandview Avenues and the southwest corner of 5th and College Streets from R-2 Two Family Residential District to ID Institutional District Suggested Disposition: Receive and File; Motion B; Motion A REINSTATE THE RULES 8 ACTION ITEMS 1. All-America Professional Basketball League - Contract City Manager recommending approval of a contract with the All-America Professional Basketball League to use the Five Flags Center. Communication from James E. Goodman, Jr., Dubuque Youth Hockey Association, requesting to address the City Council regarding the proposed basketball league. Verbal request of Randy Lund to address the Council regarding the proposed basketball league. Communication from Ben Roth to address the Council regarding the proposed basketball contract. Communications from Mark Stevenson, Darin Harmon, Jill Leach, Chrissie Pluemer, and Tony Theisen in opposition to the proposed basketball league. Suggested Disposition: Receive and File; Approve 2. No Parking Designation - Alley Behind Courthouse City Manager recommending approval of the restriction of parking in the 700 block of the alley between Central Avenue and White Street, as requested by the Dubuque County Board of Supervisors. . ORDINANCE Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding the alley between Central Avenue and White Street from Seventh Street to Eighth Street Suggested Disposition: Receive and File; Motion B; Motion A 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. CLOSED SESSION Property Acquisition - Chapter 21.5(1)0) 2005 Code of Iowa Jeanne F. Schneider February 17, 2005 9