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5 20 02 Skeleton SheetCITY COUNCIL REGULAR SESSION, MAY 20, 2002 COUNCI~ MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLiNE, CONNORS, MARKHAM, MICHALSKI, NICHOLSON CITY MANAGER MICHAEL VAN MILUGEN, CORPORATION COUNSEL BARRY LINDAHL Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. INVOCATION: Reverend Wayne A. Ressisr, Pastor of Nativity Catholic Church Ayes Nays Michaiski Nicholson Buol Cline Connors Duggan Markham CONSENT ITEMS Ayes Nays Michalski Nicholson /~. Buol Cline Connors Duggan Markham Minutes Submitted Airport Commission of 4/29; City Council of 5/6; Civil Service Commission of 4/26; Housing Commission of 4/23; Human Rights Commission of 4/8; Investment Oversight Advisory Commission of 5/8; Park and Recreation Commission of 4/9; Plumbing Board of 5/2; Transit Board of 4/18; Zoning Advisory Commission of 5/1; Zoning Board of Adjustment of 4/25 Printed City Council Procccdings for January, 2002 Finance Director submitting the Financial Reports for the month ending Apdl 30, 2002 Investment Oversight Commission submitting the 36th Quarterly Report Proof of publication of City Council Proceedings of 4/15/02; Proof of publication of List of Claims and Summary of Revenues for the month ending Mamh, 2002 Suggested Disposition: Receive and File '<~ ~ Ayes Nays /}" Michalski ~. Nicholson Buol Cline Connors Duggan Markham 2 = Notice of Claims/Suits John Kivlahan in estimated amount of $262.50; The Adams Company vs. the City of Dubuque and the City Council of the City of Dubuque; Dodds River Terminal, et al, vs. the City of Dubuque and the City Council of the City of Dubuque Suggested Disposition: Receive and File; Refer to Legal for InvestigafionfReport Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jemj Turner for property damage Corporation Counsel recommending approval of the claim of Dadene Millard in the amount of $485.04 for vehicle damage and Finance Director to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Citizen Communications Communication from Robert Byme and Cynthia Nelms-Bryne, The Main Gallery and Studio, registering their objection to Mr. John Finn's request to have a permanent right to expand outside the Busted Lift. Communication from John Finn in support of his request to have an outdoor patio at The Busted Lift and responding to concerns from neighbors. Suggested Disposition: Receive and File; Refer to City Manager Ayes Nays Michalski Nichoison Buol Cline Connors Duggan Markham 3 U.S. Department of Housing and Urban Development Communication from the U.S. DepanYnent of Housing and Urban Development advising that the City has been approved for a special project grant for Fiscal Year 2002. Communication from the U.S. Department of Housing and Urban Development regarding the on-site review of the City's Community Development Block Grant Program. Suggested Disposition: Receive and File State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that The Grand Opera House will be considered by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places. Suggested Disposition: Receive and File Iowa Governor's Traffic Safety Bureau Grant City Manager recommending approval of the submission of a grant application to the Iowa Governor's Traffic Safety Bureau in the amount of $19,640, Suggested Disposition: Receive and File; Approve Ayes Nays Michalski Nicholson Buoi Cline Connors Duggan Markham 4 Surface Transportation Board Communication of City Manager Michael C. Van Milligen to the Surface Transportation Board (STB) urging that the potential merger of the Dakota Minnesota and Eastern Railroad (DME) and the I & M Rail Link be viewed as significant and engage a full regulatory process when an application is submitted. Suggested Disposition: Receive and File; Approve t Dubuque Industrial Center- Plat City Manager recommending that the title of the Final Plat of Lots H, I & J of Dubuque Industrial Center West be corrected to read "Lots H, I & J of Dubuque Industrial Center West Third Addition" as requested by the Dubuque County Auditor's Office to avoid duplicate subdivision names. RESOLUTION Changing the name of final plat of Lots H, I and J of Dubuque Industrial Center West in the City of Dubuque, Iowa Suggested DispositiOn: Receive and File; Adopt Resolution Patricia Ann Drive - Acceptance of Public Improvements City Manager recommending acceptance of the public improvements completed by the developer, Floyd S, Gudenkauf, in Patricia Ann Acres. RESOLUTION .~ !~ -~2 ~'-Accepting improvements in Patricia Ann Acres Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 5 10. Iowa Department of Transportation - Woodward Museum City Manager recommending approval of a Supplementary Agreement with the Iowa Department of Transportation for the Woodward Museum (Freight House) Restoration Project. RESOLUTIO" Authorizing a Supplemental Agreement with the Iowa Department of Transportation for the Woodward Museum (Freight House) Restoration Project Suggested Disposition: Receive and File; Adopt Resolution 11. Northwest Arterial - IDOT Agreement City Manager recommending approval of a Pre-construction Agreement with the Iowa Department of Transportation relating to the construction of Iowa 32 (Northwest Arterial) from John F. Kennedy Road to US 52. RESOLUTION ~ ~ - ~/~Approving Pre-Construction Agreement No. 99-4- 095C with the Iowa Department of Transportation relating to the construction of Iowa 32 (Northwest Arterial) from John F. Kennedy Road to US 52 Suggested Disposition: Receive and File; Adopt Resolution 12. Harvest Business Center- Final Plat (Street Renaming) City Manager recommending approval of the final plat of Harvest Business Center (previously approved on March 18, 2002) as the developer has requested that the odginat street name of Commerce Court be renamed to Meinen Court. RESOLUTION ~ ~-~ ~/~ ~' . Rescinding Resolution No. 169-02 and reaffirming the final plat of Harvest Business Center, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 6 13. Fiscal Year 2003 Community Development Block Grant Program City Manager recommending authorization of the publication of a Combined Notice of No Significant Impact on the Environment and Notice of intent to Request Release of Funds for Community Development Block Grant activities. RESOLUTION ~ ~/~ - ~ 7~ Authorizing publication of the Combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for certain Community Development Block Grant projects for Fiscal Year 2003 (Program Year 2002) Suggested Disposition: Receive and File; Adopt Resolution 14. Project Concern - Fiscal Year 2002 Amendment City Manager recommending approval of an amendment to the Fiscal Year 2002 Purchase of Service Agreement with Project Concern. Suggested Disposition: Receive and File; Approve Amendment 15. Lead Based Paint Hazard Reduction Grant Communication from the Community Development Advisory Commission recommending support for the allocation of $60,000 of CDBG funds for Fiscal Years 2003, 2004 and 2005 for the Lead Based Paint Hazard Reduction Program. Suggested Disposition: Receive and File Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 7 16. Architectural Design Guidelines The Historic Preservation Commission recommending approval of the Archi~ctural Guidelines for Historic Structures. Suggested Disposition: Receive and File; Approve 17. Easement Agreement for Recreational Trail City Manager recommending approval of an easement agreement with Interstate Power and Light Company for the City to construct a recreational trail on their property. Suggested Disposition: Receive and File; Approve 18. Quebecor Enterprise Zone Agreement City Manager recommending approval of an Enterprise Zone Agreement with the Iowa Depadment of Economic Development for Quebecor World Dubuque, Inc. related to Quebeco~s expansion on Kerper Boulevard. RESOLUTION c~ ~ / ~ ~ ~ Approving an Enterprise Zone Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Quebecor World Dubuque, Incorporated Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski Nicholson Buol Cline Conners Duggan Markham 8 19. McGraw Hill - Certificate of Completion City Manager recommending the issuance of a Certificate of Completion to the developer of the McGraw-Hill project acknowledging achievement of their obligation to complete minimum improvements as stipulated in the Development Agreement, Suggested Disposition: Receive and File; Approve 20. Giese Manufacturing Company Development Agreement City Manager recommending approval of a minor change in the Development Agreement with Giese Manufacturing Company previously approved by Council for construction of a 28,500 square foot facility rather than a 30,000 square foot facility. Suggested Disposition: Receive and File; Approve 21. Old Highway 20 Water Main Extension Project City Manager requesting authorization to offer up to a maximum $10,000 early completion bonus for the Old Highway 20 Water Main Extension Project to ensure the project is finished prior to the Dubuque County Fair. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 9 22. 7 / Lease Amendment City Manager recommending City Council approval of an agreement in the Ice Harbor between the Dubuque County Historical Society and Peninsula Gaming Company, LLC. Suggested Disposition: Receive and File; Approve 23. 24. Government Finance Officem Association City Manager advising that the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2001 has qualified for a Certificate of Achievement for Excellence in Financial Reporting from the Government ,Finance rOfficers Association ~ ~ Request of the Colts Drum and Bugle Corps to transfer their liquor license to Eagle Point Park on June 8, 2002. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski / Nicholson Buol Cline ~. Connom Duggan Markham PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays / Michalski ~ Nicholson ~, Buol c,i.s '7 Connom Duggan Markham Callahan Construction - Request to Rezone and Voluntary Annexation Proof of publication on notice of headng to consider rezoning property located on Seippel Road from County R-2 to City R-2 Two-Family Residential District, R-4 Multi- Family Residential District, and CS Commemial Service and Wholesale Distdct in conjunction with annexation and Zoning Advisory Commission recommending approval. Zoning Advisory Commission recommending approval of the preliminary plat of Callahan Subdivision with conditions and subject to annexation. City Manager recommending approval of the annexation and certain components of the request for assistance to build owner occupied affordable housing. ORDINANCE ~ ~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 13000 block of Seippel Road from Dubuque County R-2 Rural Residential to City of Dubuque R-2 Two-Family Residential District, R-4 Multi-Family Residential District and CS Commemial Service and Wholesale District, concurrent with annexation RESOLUTION ~ (~ Annexing certain territory to the City ~f Dubuque Suggested Disposition: Receive and File~ofion B; Mofioh A; Adopt Resolution 25. 26. Business Ucense Refund Request of Chi-Chi's for a refund of the beer and liquor license in the amount of $633.75. Suggested Disposition: Receive and File; Approve Refund Business Licenses ~ D~ RESOLUTION c~/~ -~ Granting the issuance of forty-four renewal permits to sell cigarettes and cigarette papers within the City RESOLUTION ~ ~ ~ ~ ~ 7~ Granting the issuance of a Class "B" Beer Permit (5-Day Special Event) to Catfish Festival RESOLUTION ~ ~'~ Granting issuance of a Class "A" (Club) Liquor license to Dubuque Golf and Country Club and a Class "C" Beer/Liquor License to Breaktime Bar & Grill; Tott's Tap; Underground, Bficktown, and Stonewall; and JaM~ Suggested Disposition: Adopt Resolutions/~~,, ~ 4/~ ~/~ Nlchoison ~ ~ ~,C '~ Cline ~ ~ ~,~ ~ ~ ~ ~ ;/ Duggan ~' -- Markham 11 BOARDS/COMMISSIONS Interviews for the following Commissions: Civil Service Commission (One four year term to expire 4/6106 - Kluesner) Applicant: Loras Kluesner Investment Oversight Commission (One term to expire 711105 - Spielman) Applicant: Charles Spielman 12 Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham Ayes Nays Michalaki Nicholson Buol Cline Connors Duggan Markham 14 = Education and Conference Center- Bid Package ~! Proofs of publication on notice of heating on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Education and Conference Center - Bid Package #1 Project to Kraemer Brothers in the amount of $1,597,000. ~ ~/~ RESOLUTION /7~ ~ '~ 7_~ Adopting plans and specifications for the project ~//RESOLUTION ~//~ ~' Awarding contract to KraemerBrothers ~/~ Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Michaiski ~ Nicholson Buol / Cline Connors Duggan Markham REINSTATE THE RULES Ayes Nays Michalski Nicholson / Buol Z Cline Connors Duggan Markham 15 ACTION ITEMS Stormwater RFP Consultant Selection ~-?~__~ City Manager recommending that the team of Camp Dresser & McKee, working with WHKS & Company, be retained to formulate and assist in the implementation of the Stormwater Utility for the City of Dubuque. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski Nicholson ~. Buol / Cline Connors/ Duggan ~ Markham 16 Southern Hills Subdivision III - Final Plat City Manager recommending approval of the final plat of Lots 1 - 25, inclusive, of Block 1 and Lot A of Southern Hills Subdivision III, RESOLUTION c~'~'0 ~ Approving the final plat of Lots 1 - 25, inclusive, of Block 1 and Lot A of Southern Hills Subdivision III in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski Nicholson Buol Z Cline Connors Duggan / Markham = Purchase of Real Estate for Stormwater Detention City Manager recommending approval of the purchase of a home located on West 32nd Street for $99,000 and that the property be utilized as part of the expansion of the 32r~ Street Detention Cell. Suggested Disposition: Receive and File; Approve Ayes Nays ~ Michalski Nicholson Buol / Cline Connors Duggan Markham 17 Code of Ordinances - Town Clock Plaza City Manager recommending changes to the Code of Ordinances to delete references to Town Clock Plaza in various sections of th~e~ode. ORDINANCE ~ 7,, Repealing Ordinance No. 37-71 Designating and naming portions of certain rights-of-way ~-I'own Clock Plaza"; amending the City of Dubuque Code of Ordinances by repealing Section 9-19 Prohibiting dding a bicycle in Town Clock Plaza; by amending Section 18-2 225-26 Prohibiting the use of live vegetation for support of overhead conductor spans except in Town Clock Plaza by deleting the reference to Town Clock Plaza; by repealing Chapter 31 Article VII Town Clock Plaza prohibiting certain uses of Town Clock Plaza without a lease; by amending Section 32- 250(a) prohibiting certain nonmotorized vehicles in Town Clock Plaza and other plaCes by deleting the reference to Town Clock Plaza; and by repealing Section 35-27 exempting Town Clock Plaza from the requirement for certain business licenses Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays Michalsid Nicholson ~BuoI Cline Connom Duggan ~ Markham 18 Interstate Power and Light Company Rate Case City Manager requesting authorization to hire legal counsel to represent the City of Dubuque in the Interstate Power and Light Company rate case to ensure that the community's interests are represented. Suggested Disposition: Receive and File; Approve Ayes Nays ~ Michalski Nicholson Buol ~) ~ Cline ~ ~,. ~ Connors ~ Duggan Markham ~~-- 6. Mississippi Valley Truck Center, Inc. City Manager recommending approval of the establishment of the fair market value and commencement of negotiations for property in the Port of Dubuque. ~ RESOLUTION ~ ~ ~ ~(~-~stablishing Fair Market Value for the acquiSition of certain ~.~.~ real property owned by Mississippi Valley Truck Center, Inc. Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski ~ Nicholson Buol / Cline Connors Duggan-~ Markham 19 Dubuque Area Chamber of Commerce - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau for Fiscal Year 2003 in the amount of $475,756 and to provide greater City Council involvement in review of the marketing plan and budgeting process for the use of these City funds. Suggested Disposition: Receive and File; Approve ~~~ Ayes Nays ~. Michalski Nicholson Buol / Cline Connors Duggan Markham Fourth Street Parking Ramp~Rate~ City Manager recommending aPproval of the parking rate fees for~oth monthly parking and hourly rates for the Fourth Street Parking Ramp. /~~ Suggested Disposition: Receive and File; Approve Ayes Nays / Michalski ~O__.Nicholson Buol ~ Cline Connors Duggan / Markham contract 20 Community Partnership (cp2) Program - Fiscal Year 2003 Recommendation City Manager recommending approval of the allocation of Fiscal Year 2003 Community Partnership Program funds to the Gannon Center ($18,500), Hillcrest Family Services ($50,000), Northeast Iowa School of Music ($17,305) and Scenic Valley Agency on Aging ($20,000). RESOLUTION ~ ~O Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2003 Suggested Dispesiaon: Receive and File; Adopt Resolution Ayes Nays Michalski ~_~ Nicholson Buol / Cline Connors Duggan Markham 21 10. MWF PropertieslFelderman Business Partnership - Amend PUD (First Reading on 4/15/02; Second Reading on 5/6/02) ORDINANCE /~/~- ~/-~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending the Conceptual Development Plan for property located at the end of Raven Oaks Drive and currently zoned PUD Planned Unit Development District with a PR Planned Residential Designation Communication from Bob Felderman, Continental Realty & Felderman Appraisals, in support of the proposed project. Communication from Dominic Goodmann III, in support of the application of MWF Properties and Felderman Business Partnership to amend the PUD Distdct on Raven Oaks Drive. Petitions in opposition to the proposed rezoning. /~~ Suggested Disposition: Receive and File; Motion A (Final Reading) Ayes Nays Michalski* Nicholson Buol ~ ,~ Cline Connors j 22 11. Expansion of Parking Meter District on 8th S~reet.and Main Street (First Reading ORDINANCE ~ Amehding Section 32-336 of the City of Dubuque Code of Ordinances, establishing the Municipal Parking Meter District by adding both sides of Eighth Street from Main Street to Locust Street and both sides of Main Street from Fifth Street to Ninth Street . j._~_~ ~ F~I ; Motion B; Motion A Suggested Disposition: Receive and ~'"~. ~ ~ Ayes Nays Michalski ~ ~Nicholson t uo, 23 ITEMS TO BE SET FOR PUBLIC HEARING Loras College - Request to Vacate - June 3, 2002 South Fork Phase III -Acceptance and Connection Fees -June 17, 2002 NOTE: Motion needs to include Motion B and Motion A Ayes Nays / Michalski ~ Nicholson Buol Cline Connors Duggan Markham Loras College - Request to Vacate City Manager recommending that a public hearing be set for June 3, 2002 to consider a request from Loras College to vacate Helena Street and a portion of Henion Street. RESOLUTION ~ "~/~P ~--Approving plat of proposed vacated Helena Street and a portion of Henion Street ORDINANCE /-//~/" ~) ~- Vacating Helena Street and a portion of Henion Street RESOLUTION ~ '7 ~ - ~ ~--of Intent to dispose of City interest in Lots lA and 2A of Hodgdon's Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions Motion B; Motion A; Public Hearing 6/3/02 ~-~ ~ 24 = South Fork Phase Ill - Acceptance and Connection Fees City Manager recommending acceptance of the South Fork Sanitary Sewer Extension Project- Phase III in the final contract amount of $613,467.99 and that a public headng be set for June 17, 2002 on the establishment of connection fees. RESOLUTION ~ '~ ~ ~ ~Accepting the public improvement to the South Fork Sanitary Sewer Project- Phase III RESOLUTION ~. '~ ~ 0 ~- Approving final cost of the improvement to the South Fork Sanitary Sewer Project - Phase III RESOLUTION ~ '~'~ ~) ~ Providing for notice of the date, time and place of a public heating on an ordinance establishing the South Fork Sanitary Sewer Project Phase III and a schedule of connection fees Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6117102 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 Motion to go into closed sessio~.~n'--~ with Chapter 21.5(1)(j) 2001 Code of Iowa to discuss property acquisition/at~ ~ ~ -~ Ayes Nays ~ Michalski Nicholson / Buol Cline Cdnnors Duggan Markham 25 Nays Michalski Nicholson Buol / Cline Connors Duggan Markham