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2 17 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, FEBRUARY 17, 200~' COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM MARKH/AM, MICH~LSKi, N~LSON . CITY MANAGER MICHAEl/VAN MILLIGEN; CORPORATION COUNSE B~ARRY LINDAHL ABSENT: Mayor Duggan read the call and stated this is a sl~..~l~l session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Reverend Doctor James Dotson, Pastor of Grandview Avenue United Methodist Church CONSENTITEMS , ~yes Nays Nicholson Buol ~, Cline fj,/Connors MinutesSubmitted Airport Commission of 1/31; Cable TV Teleprogramming Commission of 1/7; City Council of 2/3, 2/5 and 2/10; Civil Service of 12/23; Community Development Advisory Commission of 1/9; Conference Board of 3/4/02; Downtown Planning Committee of the Long Range Planning Advisory Commission of 1/13; Electrical Board of 2/10; Five Flags Commission of 12/16; Housing Commission Trust Fund Committee of 1/23 and 1/28; Human Rights Commission of 12/9; Park and Recreation Commission of 2/11; Zoning Advisory Commission of 1/8 (Modified) and 2/5; Zoning Board of Adjustment of 1/23 Proof of publication of City Council Proceedings of 1/20 Finance Director submitting the City of Dubuque Financial Reports for the month ending January 31, 2003. Suggested Disposition: Receive and File Notice of Claims/Suits Janice E. Hoerner vs. Merlin E. Wagner and City of Dubuque for personal injury; Florence J. Siefker for personal injury; 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: Tim Bushman for property damage; Brooke Gassman for vehicle damage; Florence J. Siefker for personal injury; Thomas Weidenbacher for vehicle damage; Raymond Worden for personal injury Corporation Counsel recommending settlement of the claim of Mary Criss for property damage Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment 2 Citizen Communications Communication from Tri-State Towing and Recovery regarding the City's towing policy. Communication from Tom and Rebecca LeClere regarding their property at 1195 Thomas Place. Suggested Disposition: Receive and File; Refer to the City Manager Anti-War Resolution Communication from Fabian Yaklin requesting the City Council to pass an anti-war resolution. Iowa Department of Economic Development Communication from the Iowa Department of Economic Development advising that the CEBA contract with the City and CarteGraph Systems, Inc. has been successfully completed and the employment goals fulfilled. Suggested Disposition: Receive and File Bunker Hill Golf Course Management Agreement City Manager recommending approval of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course for the pedod beginning March 1, 2003 and ending November 30, 2003. Suggested Disposition: Receive and File; Approve Agreement Aves~ Nays ~ ~)Nicholson ~/ ~'~3uol ~ Connors Markham Michalski 3 m Special Assessment Fund Balance City Manager requesting authorization to transfer excess Special Assessment Funds to the Street Construction Fund to support street construction projects. RESOLUTION /-~' ~ ~-~ Authorizing the transfer of excess special assessment funds to the Street Construction Fund Suggested Disposition: Receive and File; Adopt Resolution Design Contract- US 20 Intersection Improvements City Manager recommending approval of a project agreement with the firm of Howard R. Green relating to the continued development of the design phase for the US 20 Intersection Improvement Project. Suggested Disposition: Receive and File; Approve Agreement Legislative Correspondence Communications to State Representative Pam Jochum and State Senator Mike Connolly requesting their opposition to HSB 46 and SSB 1037 relating to a municipality's ability to pursue and maintain telecommunication utilities. Suggested Disposition: Receive and File 10. Coast Guard Marine Security Measures City Manager transmitting information in response to the Coast Guard Marine Secudty Regulations and comments regarding key areas that might impact the City and community projects. Suggested Disposition: Receive and File; Approve Ayes Nays Nichoison Buol Cline ~-Connors Duggan Markham [ Michalski 4 Urban Revitalization/Tax Exemption Applications City Manager recommending approval of the eligible Calendar Year 2003 Urban Revitalization Applications. RESOLUTION /~/~ ~::2~ 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 Tax Assessor Suggested Disposition: Receive and File; Adopt Resolution 12. Martin Addition - Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Martin Addition to allow for the subdivision of an existing parcel of land into five lots as requested by William Burger. RESOLUTION ~ ~-~ Approving the Plat of Survey of Martin Addition in the County of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 13. Winner Place - Plat of Survey of Lots I and 2 Zoning Advisory Commission recommending approval of the plat of Survey of Lots 1 and 2 of Winner Place to facilitate the sale of a building located at 25/27 West 15th Street, as requested by Delbert and Sharon Winner. RESOLUTION /---~'..~. ~2_~ Approving the Plat of Survey of Lots 1 and 2 of Winner Place Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 5 14. Amendments to Federal Legislative Issues City Manager submitting two amendments to the City's Federal Legislative issues. Suggested Disposition: Receive and File; Approve 15. Business Licenses RESOLUTION ~.~ ~?~ Granting the issuance of a Class "C" Beer Permit to Hartig Drug, Clark Retail, Lee's 76 West Locust Mart, Dubuque Discount Gas, and Big 10 Mart RESOLUTION ~_~-'-//~,,..~ Granting the issuance of a Class "C' Beer/Liquor License to Hammerheads Bar and Billiards, Cue Master Billiards, Tony's Place, Dubuque Mining Company, and Busted Lift; Class "B" Wine Permit to Hartig Drug #4; and Class "E" Liquor License to Hartig Drug #4 Suggested Disposition: Adopt Resolutions Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michaiski 6 BOARDS/COMMISSIONS ,Applicants are invited to address the Council regarding their desire to serve on the following Commission: Community Development Advisory Commission (Three unexpired 3-year terms for Census Tracts 2, 3 and 4; One 3-year term for Census Tract I to expire 2115106 - Term of Isenhart): Applicant: Chuck Isenhart 7 PUBLIC HEARINGS SUSPEND THE RULES ~/A~y~ Nays Nicholson Buol Cline Connors _ Markham / ~ Michaiski/ ARC Design Resources, Inc.IJMC Gold Medal Meat, Inc. Communication from Joseph R. Altenhoff, ARC Design Resources, Inc., on behalf of Wal-Mart Stores, Inc. requesting Council withdraw the application to rezone the property at 16th and Sycamore Streets. City Manager submitting a communication to Joseph Altenhoff of ARC Design regarding possible source of funds to assist in demolition/cleanup of the Smithfield property. Proof of publication on notice of headng to consider a request from ARC Design Resources, Inc./JMC Gold Medal Meat, Inc. to rezone property located at 16 and Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development with a PC Planned Commercial designation to allow a Wal-Mart Super Center and Zoning Advisory Commission recommending denial. ORDINANCE X~'~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuq~ue Code of Ordinances by reclassifying hereinafter described property located along 16~" Street from HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual development plan, with conditions, for Wal-Mart Stores, Inc. Suggested Disposition: Receive and File; Concur with Denial; o_~r Motion B; Motion A (Super Majority Vote Necessary) ~/Ayes.? Nays /~ Nichoison j ^Buol /~/Cline ~Connors / _ Markha.m. ~ ~Michalsk~ 8 Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski COMMUNICATION FROM DANIEL J. MUELLER REQUESTING THAT COUNCIL NOT TAKE ACTION ON THE REZONING REQUEST AND REFER THE MATTER TO THE ZONING BOARD OF ADJUSTMENT. Highway 611151 and Highway 52 - Request to Rezone Proof of publication on notice of headng to consider a request from Dan Mueller to rezone property located south of Highway 61/151 and Highway 52 (Lot 1 of Key Gate Center No. 2) from PR Planned Residential District to PI Planned Industrial District to allow for the location of a batch mix plant and Zoning Advisory Commission recommending denial. ORDINANCE ~t~/.//~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code 6f Ordinances by reclassifying hereinafter described property located along U.S. Highway 52 east of U.S. Highway 61/151 from PUD Planned Unit Development District with a PR Planned Residential Distdct to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan with conditions Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote Needed) Ayes Nays ~ Nicholson ~/Connors j .~ Markham Ayes Nays Nicholson Buol Cline Connors Markham Michalski 10 COMMUNICATION FROM A.J. SPIEGEL WITHDRAWING HIS REQUEST TO REZONE PROPERTY AT 2800 RHOMBERG AVENUE Eagle Villa - 2800 Rhomberg Avenue - Request to Rezone Proof of publication on notice of hearing to consider a request from Stott and Associates/A.J. Spiegel to rezone property located at 2800 Rhomberg Avenue from CR Commercial Recreation Distdct to PUD Planned Unit Development District with a PR Planned Residential zoning designation and Zoning Advisory Commission recommending denial. ORDINANCE X~/ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2800 Rhomberg Avenue from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a conceptual development plan with conditions. Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote Needed) es Nays Nicholson Buol ~ .~ M.arkha.m. / ~,) M,chalsk, Ayes Nays Nicholson ~Buol Cline Connors Duggan Markham ~ Michalski 11 3300 Nightengale Lane - Request to Rezone Proof of publication on notice of headng to consider a request from Patrick and Patricia Kennedy to rezone property located south of Nightengale Lane from R-lc Single-Family Residential, with conditions, to R-1 Single-Family Residential 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 south of Nightengale Lane from R-1 Single-Family Residential District, with conditions, to R-1 Single-Family Residential Distdct Suggested Disposition: Receive and File; Motion B; Motion A Ayes~ ~ Nays ~/ /~'~lic holson /Markham Michalski 12 w 1205 Cleveland Avenue - Request to Rezone Proof of publication on notice of hearing to consider a request from Doug and Marie Colin to rezone property located at 1205 Cleveland Avenue from R-2 Two-Family Residential District to C-1 Neighborhood Commercial 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 at 1205 Cleveland Avenue from R-2 Two-Family Residential Zoning District to C-1 Neighborhood Commercial Zoning Distdct Suggested Disposition: Receive and File; Motion B; Motion A Ayes\ Nays // /~/~]Nicholson // ~-~Buol // Cline / Connors ~ , Markham ~ ~) Michalski 13 3925 Dodge Street- PUD Amendment Proof of publication on notice of headng to consider a request from Tom Luksetich and Steve Smith to amend the PUD Planned Unit Development District at 3925 Dodge to allow construction of a new 44,287 square foot building 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 Ordinance 67- 02, which adopted regulations for the PUD Planned Unit Development with a PC Planned Commercial Designation for 3925 Dodge Street Suggested Disposition: Receive and File; Motion B; Motion A Ayes..~ ~ Nays ,/~/~/~./Nicholson /y Buol /, Cline J Connors /' ~Markham ~Michalski 14 Mississippi River Discovery Center Wetland - Site Package Interior Walkways Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of Contract #3 - Plumbing to Portzen Construction in the amount of $11,100 and Contract ~4 - Electrical (including the alternate) to Paulson Electdc Company in the amount of $29,238; and rejection of Contract #1 - Wood Piers and Decking and Contract ~2 - Wood Framing and Railings, RESOLUTION ~'~ Adopting plans and specifications for the Mississippi River Discovery Center Wetland - Site Package Interior Walkways Project (Contract 1 - Wood Piers and Decking, Contract 2 - Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 - Electrical) RESOLUTION J.~ -~:?_~ Awarding certain contracts for the Mississippi River Discovery Center Wetland - Site Package II Interior Walkways Project and rejecting the remaining construction contract bid proposals RESOLUTION ~.~J~,/-~::2~ Ordering bids for the Mississippi River Discovery Center Wetland - Site Package Interior Walkways Project (Contract 1 - Wood Piers and Decking and Contract 2 - Wood Framing) Suggested Disposition: Receive and File; Adopt Resolutions .yes Nays Nicholson ~Buol ~line /~/~onnors / Markham ~ Michalski REINSTATE THE RULES /Ayes Nays ~/~ Nicholson Buol ~/ ~Cline Connors 15 ACTION ITEMS 2004 National Alliance of Preservation Commission (NAPC) Communication from the Historic Preservation Commission requesting the City Council submit a letter of support for the City to host the 2004 National Alliance of Preservation Commission. Suggested Disposition: Receive and File; Approve Letter of Support /~e~I Nays [ ~Nicholson ~*-/~Buol /~, ~_line .~/ Connors Markham Michalski National League of Cities Communications from the Iowa League of Cities appointing Council Member Ann Michalski to serve as one of Iowa's representatives on the Human Development Policy Committee of the National League of Cities. Suggested Disposition: Receive and File ,~es . Nays Nicholson ~/ .-~ Buol / /"~Connors Markham Michalski 16 COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concem 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 Pending Litigation - Chapter 21.5(1)(c) 2001 Code of Iowa Motion to go into Closed Session at Motion to adjourn at ~.e~s Nays ~ Nicholeon Buol Cline Connors ///~ Markham ~/~ Michalski Ayes / Nays ~//Nicholson /.,~Buol / Cline ~,~/~onnors /~_~/Markham JMichalski 17