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4 7 03 Agenda without iconsNote: Anyone with a Hearing Difficulty please contact the City Clerk before the beginning of the Council Meeting to possibly procure the use of a device to improve hearing ability. CITY COUNCIL MEETING CITY OF DUBUQUE, IOWA WELCOME ...... to this meeting of the DUBUQUE CITY COUNCIL. This is a formal meeting of the City Council, during which the Council takes official action on various items of business. These items are listed on the attached AGENDA. Each of these items has been studied by the City Staff and reviewed by the City Council prior to this Meeting. Listed below are guidelines adopted by the City Council for citizens to observe when addressing the Council about an item: Persons who would like to speak on a particular item should approach the microphone at the time the item comes up for discussion and wait to be recognized by the Mayor. Please be prepared to address the Council by proceeding to the podium and waiting in line to speak even though someone may be speaking. WHEN YOU ARE RECOGNIZED BY THE MAYOR~ FIRST STATE YOUR NAME AND ADDRESS, AND IF YOU ARE REPRESENTING ANOTHER PARTY~ ALSO GIVE THE NAME AND ADDRESS OF SUCH PARTY. REMARKS MUST BE LIMITED TO 5 MINUTES OR LESS. SPEAKERS Wll I BE ALLOWED TO SPEAK ONLY ONCE UNLESS QUESTIONS ARE ASKED J BY COUNClL~ FOR FURTHER CLARIFICATION. If you would like to speak to the Council on an item you were unable to have put on the agenda, the appropriate time is at the end of the meeting during the Public Input which appears at the bottom of the agenda. The Mayor will ask "Is there anyone in the Council Chambers who would like to address the Council?" THANK YOU FOR ATTENDING THIS MEETING. CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, APRIL 7, 2003 INVOCATION Ben Mathew, Chaplain, Emmaus Bible College PROCLAMATIONS Public Health Week (April 7 - 13, 2003) Fair Housing Month (April, 2003) YOUTH IN GOVERNMENT Swearing-In of Youth In Government Participants CONSENTITEMS 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 Submitted Airport Commission of 3/24; Cable TV Regulatory Commission of 3/12; City Council of 3/17; Conference Board of 2/19; Downtown Planning Committee of 3/10; Housing Code Appeals Board (Amended) of 11/19; Housing Code Appeals Board of 12/.17; Housing Commission of 2/25 and 3/20; Housing Commission Trust Fund of 3/20; Library Board of Trustees of 2/27; Transit Trustee Board of 3/13; Zoning Advisory Commission of 3/5; Zoning Board of Adjustment of 2/27 Proofs of publication of City Council Proceedings of 3/3 and 3/5 and List of Claims and Summary of Revenues for Month Ending February 28, 2003 Suggested Disposition: Receive and File = Notice of Claims/Suits Mary Eigenberger for property damage; Lois Friedman for vehicle damage; Thomas Mueller for property damage; Steven Plumley for loss of property; Connie Swift for personal injury; Mark Rokusek for vehicle damage; Craig J. Takes for vehicle damage; Timothy Wardle for vehicle damage 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 Friedman for vehicle damage; Mark Rokusek for vehicle damage; Connie Swift for personal injury. Corporation Counsel recommending denial of the claim of Timothy Wardle for vehicle damage. Corporation Counsel recommending settlement of the claim of Steven Plumley for monetary loss and Craig Takes for vehicle damage and that the. Finance Director issue property payment. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment Legislative Correspondence Communication oF,City Manager to area legislators requesting support of Senate File 358 which would t~ansfer the responsibility for establishing the State Plumbing Code from the Iowa Department of Public Health to the State Building Code Commissioner. Communication Of City Manager to Speaker of the House Christopher Rants regarding the gaming tax issue. Communication of City Manager to Senator Charles E. Grassley regarding the status of the Dubuque Post Office Building. Communication of City Manager to area legislators requesting their opposition to the Public Strategies Group proposal. Suggested Disposition: Receive and File Dubuque County Board of Supervisors Communication from the Dubuque County Board of Supervisors submitting information on a potential problem at Jorja's Restaurant. Suggested Disposition: Receive and File; Refer to City Manager Housing Code Appeals Board Resignation Communication from David Harris, Housing and Community Development Department Manager, advising that Dave Althaus has informed staff he does not intend to reapply for appointment to the Housing Code Appeals Board. Suggested Disposition: Receive and File Dubuque County Conservation Society Communication from Ranol Weigel, President of the Dubuque County Conservation Society, regarding the proposed Eagle Point Condominium Development. Suggested Disposition: Receive and File 2 10. 11. 12. 13. Dubuque Golf and Country Club Communication from the Dubuque Golf and Country Club requesting permission to display fireworks on July 4, 2003 (rain date of July 6, 2003). Suggested Disposition: Receive and File; Approve Wertzberger Acres No. 2 - Final Plat City Manager recommending approval of the final plat of Wertzberger Acres No. 2 located off of Old Military Road in Dubuque County. RESOLUTION Approving the final plat of Lot A and Lots 1-12 Wertzberger Acres No. 2 in Dubuque County, iowa Suggested Disposition: Receive and File; Adopt Resolution Emberwood Estates - Final Plat City Manager recommending approval of the final plat of Emberwood Estates located off of Gardener's Lane in Dubuque County. RESOLUTION Approving the final plat of Emberwood Estates in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Port of Dubuque - Parking Lot Landscape Guidelines and Recommended Plant Lists City Manager recommending approval of the Parking Lot Landscaping Guidelines and Recommended Plant Lists for the Port of Dubuque. Suggested Disposition: Receive and File; Approve Demolition Permit - Dubuque Hardwoods Communication from the Historic Preservation Commission recommending approval of a request to demolish metal buildings located at 205 East 6th Street, Port of Dubuque (Dubuque Hardwoods). Suggested Disposition: Receive and File; Concur Dubuque County Board of Health Contract for Lead Paint Program City Manager recommending approval of an interagency agreement between the City and the Dubuque County Board of Health for administration of a lead paint program training grant. Suggested Disposition: Receive and File; Approve Iowa Department of Transportation Pre-Construction Agreement City Manager recommending approval of a pre-construction agreement addendum between the City of Dubuque and the Iowa Department of Transportation to provide tiber optic conduit installation. RESOLUTION Approving an addendum to the Pre-Construction Agreement between the City of Dubuque and the Iowa Department of Transportation for fiber optics conduit improvements to US 20 Suggested Disposition: Receive and File; Adopt Resolution 3 14. 15. 16. 17. 18. Notice of Finding of No Significant Impact and Release of Funds for Community Development Block Grant Programs City Manager recommending approval of 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 Programs. RESOLUTION Authorizing publication of a combined notice of finding 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 2004 (Program Year 2003) Suggested Disposition: Receive and File; Adopt Resolution Fiscal Year 2004/2005 Certification of Overall Benefit City Manager recommending approval of a proposed change in the certification period for overall benefit of Community Development Block Grant (CDBG) funds as per the Consolidated Plan. RESOLUTION Amending the Consolidated Plan for 2001 - 2006 to extend the overall benefit for the aggregate use of Community Development Block Grant (CDBG) funds for Fiscal Year 2004 and Fiscal Year 2005 Annual Plans (Program Years 2003 and 2004) Suggested Disposition: Receive and File; Adopt Resolution Parking Ticket Software City Manager recommending approval of the selection of EDC-AIMS Corporation to provide parking ticket software. RESOLUTION Accepting a contract for the Parking Division Enforcement Software Project SuggeSted Disposition: Receive and File; Approve Miller-Riverview Park Management Agreement City Manager recommending approval of the management agreement for Miller- Riverview Park with Pat Felderman. Suggested Disposition: Receive and File; Approve Firefighters' Grant Program City Manager recommending approval to submit a grant application in the amount of $208,000 to the Federal Assistance for Firefighters Grant Program for replacing the Fire Department's self-contained breathing apparatus. Suggested Disposition: Receive and File; Approve 4 20. 21. 22. 23. 24. Old Mill Road - Acceptance of Deeds City Solicitor Bill Blum recommending acceptance of three deeds from property owners in the flood plain area on Old Mill Road. RESOLUTION Accepting the deed to certain real estate in the City of Dubuque, Iowa from Wayne L. Laufenberg Sr. Trust RESOLUTION Accepting the deed to certain real estate in the City of Dubuque, Iowa from Michael J. McDermott and Barbara J. McDermott RESOLUTION Accepting the deed to certain real estate in the City of Dubuque, iowa from Robert and Valora Timmons Suggested Disposition: Receive and File; Adopt Resolutions Release of Escrow Agreement - Downtown Rehab Loan for Cooper Building City Manager recommending approval of the release of escrow funds required as part of the financing for Cooper Development Company LLC's renovation of the former Cooper Wagon Works building at 299 Main Street. Suggested Disposition: Receive and File; Approve United States Department of Transportation Notice from the United States Department of Transportation - Office of the Secretary advising of the decision to allow Mesaba Aviation, Inc., d/b/a Northwest Aidink, to suspend service at Dubuque as of May 13, 2003. Suggested Disposition: Receive and File Helping Services for Northeast Iowa - Drug and Violence Prevention Grant City Manager recommending that the Dubuque Police Department partner with Helping Services of Northeast Iowa in their application for a Drug and Violence Prevention Grant from the Iowa Department of Public Health. Suggested Disposition: Receive and File; Approve Federal Environmental Protection Agency State and Tribal Grant Program City Manager advising that an application for a $4 million funding request to assist with expansion of the 32"d Street Detention Basin ahs been prepared and submitted to the Federal Environmental Protection Agency State and Tribal Grant Program. Suggested Disposition: Receive and File Housing Commission Communication from Tom Swift submitting his resignation from the Housing Commission. Suggested Disposition: Receive and File 5 25. 26. 27. Eagle Window and Door City Manager recommending approval of the issuance of a Certificate of Completion and Estoppel Certificate for Otto A, LLC, developer of the Eagle Window and Door property. Suggested Disposition: Receive and File; Approve Business License Refund Request of Liquor Depot of Dubuque for a refund of their cigarette license in the amount of $25.00. Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting the issuance of a Class "B" (Special 5-Day Event) Beer Permit to DubuqueFest; and a Class "C" Beer Permit to 16th Street Auto/Truck Plaza and Plaza 20 Amoco RESOLUTION Granting the issUance of a Class "C" Beer/Liquor License to Loras College, Noonan's Tap, Olive Garden, Marco's, Whiskey River, Bunker Hill Golf, Neighbor's Tap, and Copper Kettle; and Class "B" Wine to Carroll's Wine Company Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING Voluntary Annexation - Wayne Stewart City Manager recommending that a public hearing be set for April 21, 2003 to consider a request from Wayne Stewart for voluntary annexation of property concurrent with rezoning for twenty acres of land south of Old Highway Road and west of Seippel Road. Suggested Disposition: Receive and File; Public Hearing 4/21/03 Grants of Easement - Alliant Energy City Manager recommending that a public hearing be set for April 21, 2003 to consider a request from Alliant Energy to install underground electrical telecommunication lines on City-owned property, known as Lot 1 Heartland Place (lot located between 16th Street and Kerper Court behind the old Smithfield property) and Lot 1-2-1 Bymes Subdivision which is the lot upon which Usha Park is located. RESOLUTION Intent to dispose of interest in real property by easements to Alliant Energy (Interstate Power and Light Company) Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/21/03 6 Locust Street Connector Reconstruction - Initiate City Manager recommending initiation of the public bidding process for the Locust Street Connector Reconstruction Project and that a public hearing be set for May 5, 2003. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of headng on plans and specifications RESOLUTION Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/5/03 Bonson Road Water Main Extension - Initiate City Manager recommending initiation of the public bidding process for the Bonson Road Water Main Extension Project and that a public hearing be set for May 5, 2003. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5~5~03 Iowa Street Ramp Skywalk Improvement Project - Initiate City Manager recommending initiation of the public bidding process for the Iowa Street Ramp Skywalk Improvement Project and that a public hearing be set for May 19, 2003. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 5/19/03 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Mechanical Code Board (Two 3-Year Terms to Expire 3/16/06 - Terms of Geisler and Willenborg) Applicants: Todd Geisler and Hadan J. Willenborg ACTION ITEMS 7 Convention and Visitors Bureau Sue Czeshinski, Convention and Visitors Bureau, to give verbal quarterly report. Suggested Disposition: Receive and File Penalties for Tobacco Permit Holders Police Chief recommending the assessment of civil penalties against two tobacco permit holders. Suggested Disposition: Receive and File; Assess Penalties Service Member Support Agenda Communication from Senator Steve Warnstadt requesting City Council support of the "Service Member Support Agenda." Communication from Emily Whitehead, Iowa Senate Democratic Research Staff, requesting City Council support of the "Service Member Support Agenda." Suggested Disposition: Receive and File; Council Brownfield Economic Development Initiative Communication from the Community Development Advisory Commission regarding the Brownfield Economic Development Initiative (BEDI). Suggested Disposition: Receive and File; Council Direction Arbor Glen Apartments First Addition - Final Plat City Manager recommending approval of the final plat of Arbor Glen Apartments First Addition and acceptance of the dedication of the extension of Raven Oaks Ddve. RESOLUTION Approving the final plat of Arbor Glen Apartments First Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Riverwalk, Amphitheater and Rivers Edge Plaza Usage Policies City Manager recommending approval of Usage Policies for the Riverwalk, Amphitheater and Rivers Edge Plaza. ORDINANCE Amending the City of Dubuque Code of Ordinances Chapter 34 Parks and Recreation by amending Sec, 34-52(A) Intoxicating beverages prohibiting the consumption or use of alcoholic liquors or wine in parks by exempting therefrom events at Alliant Energy Amphitheater; by amending Sec. 34-52(D) Prohibiting the consumption or use of beer In parks by changing Sunnyslopes Park to Teddy Bear Park and by adding thereto Riley Park, Harvest View Park, Ice Harbor Park, the American Trust River's Edge Plaza, and the Mississippi Riverwalk; by amending Sec. 34~74(H) establishing park hours by changing Sunnyslopes Park to Teddy Bear Park and adding thereto Riley Park, Harvest View Park, and Ice Harbor Park; by adding a new Sec. 34- 74(K) providing for parks that are open twenty-fours per day and including the American Trust River's Edge Plaza, Alliant Energy Amphitheater, and the Mississippi Riverwalk; 8 10. by amending Sec. 34-119 changing MuniCipal Swimming Pool to Nicholas J. Sutton Swimming Pool; by amending Sec. 34-127 changing Sunnyslopes Park to Teddy Bear Park; by adding a new Sec. 34-133 designating Riley Park; by adding a new Sec. 34- 134 designating Harvest View Park; by adding a new Sec. 34-135 designating the American Trust River's Edge Plaza; by adding a new Sec. 34-136 designating the Mississippi Riverwalk; by adding a new Sec. 34-137 designating Alliant Energy Amphitheater; by adding a new Sec. 34-138 designating 'Ice Harbor Park; and by adding a new Sec. 34-139 designating Welu Park Suggested Disposition: Receive and File; Approve; Motion B; Motion A Extension of Highway 20 Building Permit Moratorium City Manager recommending approval of a request from the Iowa Department of Transportation to, extend the building permit moratorium on Highway 20 through May 1, 2004. ~ ORDINANCE Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.1 of the City of Dubuque Code of Ordinances by establishing a twelve month moratorium on the issuance of permits for work in the U.S. Highway 20 corridor Suggested Disposition: Receive and File; Motion B; Motion A IA 321Southwest Arterial Building Permit Moratorium City Manager recommending approval of a request by the Iowa Department of Transportation to extend the building permit moratorium in the IA 32/Southwest Arterial Corridor through May 1, 2004. ORDINANCE Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.3 of the City of Dubuque Code of Ordinances by establishing a twelve month moratorium on the issuance of permits for work in the IA 32/southwest Arterial Corridor Suggested Disposition: Receive and File; Motion B; Motion A Social Security Coverage for Part-Time Elected Officials City Manager submitting information from IPERS relative to social security coverage for part-time elected officials. Suggested Disposition: Receive and File; Council Gateway Signs City Manager submitting information on a request from the Dubuque Rotary Club to initiate a Community Gateway Signage Program and requesting Council direction. Suggested Disposition: Receive and File; Council Direction 9 11. Fiscal Year 2004 Sewer Service Charge City Manager recommending approval of an amended ordinance establishing basic sewer rates for residential and commercial users. ORDINANCE Repealing Ordinance No. 10-03 amending the Code of Ordinances of the City of Dubuque, Iowa, Sections 44-83(a)(2) and 44-83 (a)(3)g. Establishing basic sewer rates for residential and commercial users Suggested Disposition: Receive and File; Motion B; Motion A COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in t, he 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 Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2001 Code of Iowa Jeanne F. Schneider April 3, 2003 10