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4 21 03 Agenda No 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 headng 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 ASKER m BY COUNCIL~ 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 21, 2003 INVOCATION Sister Paula Maloy, SVM PROCLAMATIONS Commendation of Fire Rescue Sexual Assault Awareness Month (April, 2003) Community Development Week (April 21 - 27, 2003) Arbor Day (April 26, 2003) ?Make-A-Wish Week (April 27 - May 3, 2003) 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. Minutes Submitted City Council of 4/7; Civil Service Commission of 3/11 and 3/27; Environmental Stewardship Advisory Commission of 4/1; Five Flags Commission of 2/17; Housing Commission of 3/25; Housing Commission Trust Fund of 3/25; Human Rights Commission of 3/10; Zoning Advisory Commission of 3/5 and 4/2; Zoning Board of Adjustment of 3/27 Proof of publication of City Council Proceedings of 3/17 Finance Director submitting the Financial Reports for the month ending March 31, 2003. Suggested Disposition: Receive and File Notice of Claims/Suits Holy Ghost Parish Credit Union for property damage; Progressive Concrete Systems LLC for payment for work performed; Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report e Wagner Subdivision - Final Plat Zoning Advisory Commission recommending Subdivision located at 2711 Brunskill Road. approval of the final plat of Wagner RESOLUTION Approving the final plat of Wagner Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution t 10. 11. Five Flags Arena HVAC System City Manager recommending the approval of Shive Hattery Engineers to design the Five Flags Arena HVAC System replacement. Suggested Disposition: Receive and File; Approve Quarterly Investment Report City Manager submitting the quarterly investment report for the period from January 1,2003 through March 31,2003. Suggested Disposition: Receive and File Purchase of Service Agreements Communication from the City Manager regarding the funding of various Purchase of Service agreements. Suggested Disposition: Receive and File Dubuque Area Lifetime Center - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Lifetime Center. Suggested Disposition: Receive and File; Approve St. Stephens Food Bank - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with St. Stephens Food Bank in the amount of $1,000. Suggested Disposition: Receive and File; Approve Washington Neighborhood Tool Library - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with the Washington Neighborhood Tool Library. Suggested Disposition: Receive and File; Approve Project Concern - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Project Concern for Information and Referral in the amount of $3,500 and Child Care Resource and Referral in the amount of $8,576. Suggested Disposition: Receive and File; Approve Greater Dubuque Development Corporation - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $127,500. Suggested Disposition: Receive and File; Approve 2 12. 13. 14. 15. 16. 17. 18. 19. Chamber of Commerce Convention and Visitors Bureau - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with the Chamber of Commerce Convention and Visitors Bureau. Suggested Disposition: Receive and File; Approve Dubuque Main Street - Purchase of Service Agreement City Manager recommending approval of a Purchase of Service Agreement with Dubuque Main Street. Suggested Disposition: Receive and File; Approve United States Senator Charles Grassley Communication from Senator Charles Grassley in response to the City's inquiry about the availability of federal funds for the City of Dubuque. Suggested Disposition: Receive and File U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development regarding the City's Community Development Block Grant Program. Suggested Disposition: Receive and File; Refer to City Manager Legislative Correspondence Communication of City Manager Michael C. Van Milligen, dated March 6, 2003, to local legislators regarding the gaming tax lawsuit. Communication of City Manager Michael C. Van Milligen, dated April 9, 2003, to local legislators regarding the gaming tax issue. Suggested Disposition: Receive and File Dubuque Arboretum and Botanical Gardens Communication from Jack Frick, President of the Dubuque Arboretum and Botanical Gardens Board of Directors, requesting that no parking be allowed on the south side of Arboretum Drive. Suggested Disposition: Receive and File; Refer to City Manager Civil Service Commission Civil Service Commission submitting the certified list for the position of Mechanic. Suggested Disposition: Receive and File; Make a Matter of Record PPEL Revenue Requirements City Manager advising that the Fiscal Year 2004 Physical Plant and Equipment Levy (PPEL) TIF Revenue Certification has been submitted to Dubuque County Auditor Denise Dolan. Suggested Disposition: Receive and File 3 20. 21. 22. 23. 24. 25. 26. Notice of Bankruptcy Filing Notice 'of bankruptcy filing and final hearing on certain motions and applications in the matter of'Eagle Food Centers, Inc. Suggested Disposition: Receive and File Iowa Department of Economic Development Communication from the Iowa Department of Economic Development advising that the City's Local Housing Assistance Program Contract has been amended, as requested. Suggested Disposition: Receive and File Southwest Arterial Update City Manager submitting information provided to our Congressional Delegation concerning the need for additional federal funding to finance the Iowa 32 (Southwest Arterial) project and advising that~ Congressman Nussle has submitted a $41 million request for such funding: ,~ Suggested Disposition: Receive and File Dubuque Bank and Trust Communication from Dubuque Bank and Trust requesting approval to construct an underground walkway on public right-of-way to connect the main bank with the "Old Walsh Building" which they are renovating. Suggested Disposition: Receive and File; Refer to City Manager Department of the Army - Corps of Engineers Communication from Gary Loss of the Rock Island Corps of Engineers to Donna Smith, Dubuque County Board of Supervisors, regarding a special study along the Couler Valley reach of the Little Maquoketa River in Dubuque County. Suggested Disposition: Receive and File Business License Refund Request of Rod Christ, Mama Cassetti's Pasta, for a refund of their Beer and Liquor License in the amount of $168.75. Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting the issuance of two new permits to sell cigarettes and cigarette papers within the City to Bodine's LLC and Pare Food Mart RESOLUTION Granting issuance of a Class "B" Beer Permit to Music N More Promotions - Tents A and B; and Class "C" Beer Permit to McCann Service, Tobacco Outlet #504 and Paro Food Mart RESOLUTION Granting the issuance of a Class "A" Liquor License to Dubuque Order of the Moose; and Class "C" Beer/Liquor License to Bodine's, The Busted Lift, Central Tap, Shot Tower Inn, Knights of Columbus, A & B Tap, and Easy Street Suggested Disposition: Adopt Resolutions 4 ITEMS TO BE SET FOR PUBLIC HEARING Port of Dubuque - Vacate City Manager recommending that a public hearing be set for May 5, 2003 to consider the vacation of certain streets and alleys in the Port of Dubuque, north and west of Bell Street and the Brewery to the railroad right-of-way. RESOLUTION Approving the plat of proposed vacated portion of Wall Street, Washington Street, Cypress Street, and alleys in Blocks 20 and 28, Dubuque Harbor Improvement Company Addition RESOLUTION Approving plat of proposed vacated portion of the Fourth Street Extension, Dubuque Harbor Improvement Company Addition RESOLUTION Apl~oving plat of proposed vacated portion of Bell Street and alley in Block 11, Dubuque Harbor Improvement Company Addition RESOLUTION Approving plat of proposed vacated portion of Fifth and Sixth Streets, Dubuque Harbor Improvement Company Addition RESOLUTION Approving plat of proposed vacated portion of the Fourth Street Extension, Wall Street, Market Street, Pine Street, and Lot 2 of Lot 20 and alley in Block 26, Dubuque Harbor Improvement Company Addition RESOLUTION Approving plat of proposed vacated portion of Wall Street, Washington Street, and alleys in Blocks 21 and 27, Dubuque Harbor Improvement Company Addition ORDINANCE Vacating a portion of Bell Street and alley in Block 11, Dubuque Harbor Improvement Company Addition ORDINANCE Vacating a portion of the Fourth Street Extension, Dubuque Harbor =Improvement Company Addition ORDINANCE Vacating a portion of Fifth and Sixth Streets in Dubuque Harbor Improvement Company Addition ORDINANCE Vacating a portion of the Fourth Street Extension, Wall Street, Market Street, Pine Street an Lot 2 of Lot 20 and alley in Block 26 in Dubuque Harbor Improvement Company Addition ORDINANCE Vacating a portion of Wall Street, Washington Streets, and alleys in Blocks 21 and 27 in Dubuque Harbor Improvement Company Addition ORDINANCE Vacating a portion of Wall Street, Washington Street, Cypress Street and alleys in Blocks 20 and 28 in Dubuque Harbor Improvement Company Addition RESOLUTION of Intent to dispose of City interest in Lots N, O, P, Q, R, S, T, U, and V of Dubuque Harbor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/5/03 5 Fiscal Year 2003 Second Budget Amendment City Manager recommending that a public hearing be set for May 19, 2003 to consider the second amendment to the Fiscal Year 2003 Budget. RESOLUTION Directing the City Clerk to publish proposed amendment to the Fiscal Year 2003 Budget and date of public hearing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/19/03 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Board: Housing Code Appeals Board (Two 3-Year Terms to Expire 1/11/06) Applicant: Ben Durley Appointments to the following Commission: Mechanical Code Board (Two 3-Year Terms to Expire 3/16/06 ~ Terms of Geisler and Willenborg) Applicants: Todd Geisler and Harlan J. Willenborg PUBLIC HEARINGS SUSPEND THE RULES Royal Oaks Development - Rezoning Request Proof of publication on notice of hearing to consider a request from Royal Oaks Development/A.J. Spiegel to rezone property located at the end of Rhomberg Avenue (former Tollbridge Inn Restaurant) from CR Commemial Recreation Distdct to PUD Planned Unit Development District and Zoning Advisory Commission recommending approval. Communications of Richard J. Lynch and Evelyn Brunskill in opposition to the proposed rezoning at 2800 Rhomberg Avenue. ORDINANCE 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; Motion B; Motion A Wayne Stewart Property - Rezoning Request Proof of publication on notice of hearing to consider a request from Wayne Stewart and Flint Drake to rezone property located at the southwest corner of Old Highway Road and Seippel Road from R-1 Single-Family residential District and County M-lc to R-2 Two-Family Residential District, CS Commercial Service and Wholesale District and LI Light Industrial District concurrent with annexation of the west twenty acres and Zoning Advisory Commission recommending approval. 6 ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 8000 Old Highway Road from R-1 Single-Family Residential District to R-2 Two-Family Residential District and CS Commercial Service and Wholesale District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A 2900 Dodge Street - Rezoning Request Proof of publication on notice of headng to consider a request from Theisen's Inc. to rezone property located at 2900 Dodge Street from C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial zoning designation 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 2900 Dodge Street from C-3 General Commercial District to PUD Planning Unit Development District with PC Planned Commercial District Designation and adopting a Conceptual Development Plan Suggested Disposition: Receive and File; Motion B; Motion A Key Gate Center No. 2 - Rezoning Request Proof of publication on notice of hearing 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 C-3 General Commercial zoning 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 southeast of Highway 61/151 and Highway 52 intersection from PUD Planned Unit Development with a PR Planned Residential District designation to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Development Moratorium - Proposed Southwest Arterial Corridor Proof of publication on notice of hearing to consider an amendment to the Code of Ordinances and Subdivision Regulations regarding a development moratorium in the proposed Southwest Arterial Corridor and Zoning Advisory Commission recommending approval. City Manager recommending adoption of the revised area submitted by the Iowa Department of Transportation for the Development Moratorium in the proposed Southwest Arterial Corridor. ORDINANCE Amending Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-4.2 regarding site plans, and by amending Section 6-1- 5.5 regarding rezonings, to extend a moratorium for site plan and rezoning applications in the Southwest Arterial Corddor ORDINANCE Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16, to extend a moratorium for subdivision plats in the Southwest Arterial Corridor 7 = = Suggested Disposition: Receive and File; Motion B; Motion A Grants of Easement - Alliant Energy Proof of publication on notice of hearing 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 Byrnes Subdivision which is the lot upon which Usha Park is located and City Manager recommending approval. RESOLUTION Disposing of an interest under, over, and across a portion of Lot 1 Heartland Place and Lot 1-2-1 Brynes Subdivision, Dubuque, Iowa, by the issuance of easements to Alliant Energy (Interstate Power and Light Company) Suggested Disposition: Receive and File; Adopt Resolution Fiber Optics Connection Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the Fiber Optics Connection Between City Network and Port of Dubuque, and City Manager recommending award of the contract to Volkens Excavating in the amount of $12,332. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Volkens Excavating Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS Grand River Center - Logo Design City Manager recommending approval of the logo design for the Grand River Center. Suggested Disposition: Receive and File Wayfinding Signage City Manager recommending approval of design alternatives for the Wayfinding Sign Program. Suggested Disposition: Receive and File; Approve CarteGraph Development Agreement City Manager recommending approval of various opportunities to assist CarteGraph Systems, inc. in obtaining the job creation goals agreed to in a 1999 State of iowa CEBA award and a Development Agreement between the City, Horizon Development Group, LLC (property developer) and CarteGraph Systems, Inc. (employer). Suggested Disposition: Receive and File; Approve 8 Brewery' Redevelopment - Summary of Proposal City Manager recommending approval to draft a formal Development Agreement with The Alexander Company regarding the redevelopment of the former Dubuque Star Brewery building. Suggested Disposition: Receive and File; Approve Dubuque Museum of Art City Manager recommending approval of an amendment to the Dubuque Museum of Art loan agreement to defer interest payments on their Downtown Rehabilitation loan for one year. Suggested Disposition: Receive and File; Approve Northeast Iowa Community College City Manager recommending approval of a request from Northeast Iowa Community College to consider cost sharing a feasibility study for a business incubator in downtown Dubuque. Suggested Disposition: Receive and File; Approve Port of Dubuque Sign and Landscaping and Recognition Wall City Manager recommending approval of the preliminary design and cost estimate for landscaping and signage for the parking lot green space at the intersection of Bell and Third Street and for the recognition wall along the landside of the floodwall outside of the American Trust River's Edge Plaza. Suggested Disposition: Receive and File; Approve Diamond Jo Lease Agreement City Manager recommending approval of a one-year lease agreement with Peninsula Gaming Company, LLC for the patio area south of the Portside Building to allow the .Diamond Jo to provide outdoor entertainment this summer. RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Diamond Jo Casino (Outdoor Sale) Suggested Disposition: Receive and File; Approve Lease Agreement; Adopt Resolution Bluff Land Protection Measures (Tabled from March 17, 2003 Meeting) City Manager submitting information regarding Bluff Land Protection Measures. Suggested Disposition: Receive and File; Council 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 April 17, 2003 10