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4 21 03 Skeleton SheetCiTY COUNCIL REGULAR SESSION, APRIL 21, 2003 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM co o.s, ~M ~.sK,,. ~, ~, CITY MANAGER MICHAEL vA/N/MILLIGEN; CORPORATION COUNSEL ~/RRY LINDAHL ABSENT: Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Sister Paula Maloy, SVM PROCLAMATIONS: Commendation of Fire Rescue Sexual Assault Awareness M°nth ~ ~'J Arbor Day CONSENT ITEMS  es Nays ..~ Cline /'~)Connom ~.~' Duggan Markham Michalski ·Nicholson ~Buol Minutes Submitted City Council of 4/7; Civil Service Commiss;on 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 Padsh 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 2 g Wagner Subdivision - Final Plat Zoning Advisory Commission recommending approval of the final plat of Wagner Subdivision located at 2711 Brunskill Road. RESOLUTION ,/,/6~'-~,.~ Approving the final plat of Wagner Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution = 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 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 3 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 Ss 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 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 4 10. Project Concern - Purchase of Service Agreement C~ty Manager recommending approval of a Purchase of Service Agreement with Project Concern for Information and Referrel in the amount of $3,500 and Child Care Resource and Referral in the amount of $$,576. Suggested Disposition: Receive and File; Approve 11. 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 12. 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 13. 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 Ayes Nays Cline Connors Duggan Markham Michalski Nichoison Buol 5 14. 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 15. U.S. Department of Housing and Urban Development Communication from the U.S. Depan~nent of Housing and Urban Development regarding the City's Community Development Block Grant Program. Suggested Disposition: Receive and File; Refer to City Manager 16. Legislative Correspondence Communication of City Manager Michael C. Van Milligen, dated Mamh 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 17. 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 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 6 18. 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 19. 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 20. Notice of Bankruptcy Filing Notice of bankruptcy filing and final headng on certain motions and applications in the matter of Eagle Food Centers, Inc. Suggested Disposition: Receive and File 21. 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 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 7 22. 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 23. 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 24. 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 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 8 25. Business License Refund Request of Rod Chdst, 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 26. Business Licenses ~ RESOLUTION /jyi~.~ Granting the issuance of two new permits to sell cigarettes and cigarette papers within the City to Bodine's LLC and Paro 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' BeedLiquor License to Bodine's, The Busted Lift, Central Tap, Shot Tower Inn, Knights of Columbus, A & B Tap, a~l-~ Suggested Disposition: Adopt Resolutions Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 9 ITEMS TO BE SET FOR PUBLIC HEARING /~y~-~ Nays (_~_line Connors _ Duggan · /~) M.arkham /'/L/Michalski J/ Nicholson j Buol Port of Dubuque - Vacate - May 5, 2003 FY 2003 Second Budget Amendment - May 19, 2003 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/,-~-- 'g~:)~ 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 ,/d~-.~~ ~ Approving plat of proposed vacated portion of the Fourth Street Extension, Dubuque Harbor Improvement Company Addition RESOLUTION/¢~//'4~)5 Approving 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 ~larbor Improvement Company Addition RESOLUTION ,/~'/~ Approving plat of proposed vacated portion of the Fourth Street Extension, Wa~l 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 ~-,J.~-4:~_~ Vacating a portion of the Fourth Street Extension, Dubuque Harbor Improvement Company Addition 10 ORDINANCE ~ '~ ~.~ Vacating a portion of Fifth and Sixth Streets in Dubuque Harbor Improvement Company Addition ORDINANCE ~ ~::~2_.~ Ve~.in~ a portion of the Fourth Street Extension, Wall Street, Market Street, Pine Street[a~l_/bt 2 of Lot 20 and alley in Block 26 in Dubuque Harbor Improvement Company Addition ORDINANCE ~-~;~:~' ~_~ Vacating a portion of Wall Street, Washington Street~, 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 J~-~--~ 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 515103 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol = 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 5119103 Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 11 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 1111106) Applicant: Ben Durley Appointments to the following Commission: Mechanical Code Board (Two 3-Year Terms to Expire 3116/06 - Terms of Geisler and Willenborg) Applicants: Todd Geisler and Harlan J. Willenborg ,es Nays Cline Connors Duggan ~ Markham //'/~ Michalski / ~ Nicholson 12 Ayes Nays ,,~ine C~nors /.~ Dul~an /~ Markham L;/Mich~ski ~io~o~o. ~ BUOI Ayes Na~ ~Cline 7 ~ ~ Duggan ~/ ~Ma~ham ~ /Michalski ~ ~ Nicholson ~ ~uo, 14 PUBLIC HEARINGS SUSPEND THE RULES yes Nays ~Cline ~'~,~Con nors L~' Duggan Markham Michalski Nicholson 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 Commercial 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 Rhombc~rg Avenue. ORDINANCE _/~/./'~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque C~l'e of ~)rdinances by reclassifying hereinafter described property located at 2800 Rhomberg Avenue from CR Commercial Recreation District to PUD Planned Unit Development Distdct with a PR Planned Residential Distdct designation and adopting a Conceptual Development Plan with conditions Suggested Oisposition: Receive and File; Motion B; Motion A ~ Cline~'~j ~ ~ / Connors'/ /,.-L4 / Buo, 13 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 comer of Old Highway Road and Seippel Road from R-1 Single-Family residential Distdct 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. ORDINANCE ~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinalter 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, Suggested Dis Receive and File; Motion B; Motion A Markham ! ~. Michaiski ! Ay~e~l Nays ., l ~/~ LF/~.onnors ~ Duggan Markham Mishaiski / ~ Nichoison ~ 15 ORDINANCE ~'~.?"~_~--~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Old Highway Road from Dubuque County M-1 Industrial with conditions to City of Dubuque LI Light Industrial District, concurrent with annexation 2900 Dodge Street- Rezoning Request Proof of publication on notice of hearing 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 Commemial 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 _ l/ located at 2900 Dodge Street from C-3 General Commercial District to PUD Planni~ Unit Development District with PC Planned Commercial District Designation and adopting a Conceptual Development Plan Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ,/" Cline ~/~ Connors /'~ ~, Duggan ///'~ Markham ~/x~ Michalski //~-~ Nicholson .// Buol 16 m Key Gate Center No. 2 - Rezoning Request~/v: Iq Proof of publioation on notice of hearing to oonsider 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 Distdct 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 611151 and Highway 52 i~ersection from PUD Planned Unit Development with a PR Planned Residential Distdct designation to C-3 General Commercial Distdct Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~' Cline Connors Duggan Markham .~ (/~2Michalski --Nicholson /,/ ~) Buol Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 17 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 l-~.~ -~.~ 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.z~garding rezonings~to extend a moratorium for site plan and rezoning applications in tl~Southwest Arted~orridor ORDINANCE c-~z~/~ Amending Chapter 42 (Subdivision Regulations) of the j City of Dubuque Code of Ordinances b~amending Sectio,n 42-16, to extend a moratorium for subdivision plats in th.~.Southwest Arterial~orridor Suggested Disposition: Recmve and File; Motion B; Motion A / v, f~ / Ay.es Nays I '~/~/~ ;~ / // ~ Duggan / /~) .~' / Markham ~ t~ Michalski ~ ~/~/l~li~holson ~:~?~/ Ay~ Nays Cline Connom Duggan Mar~am Michalski Nicholson Buol 18 Grants of Easement- Alliant Energy Proof of publication on notice of headng 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 ,/~l~__.~ Disposing of an interest under, over, and across a portion of Lot I 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 ~ye~ Nays L~' Connors Duggan /0 Markham ~" Michalski Nicholson Buol 19 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 ~or the project RESOLUTION ?~ ~.~ Awarding contra~ to ¥o~ens Excavatin~ Suggested Disposition: Receive and File; Adopt Resolutions /Ayp.~ Nays ~'~ , [1~_ Cline ~ ~TX~' Connom ? ~' Duggan Markham / Michalski /' Nicholson // Buol REINSTATE THE RULES Nays Cline Connom Duggan /· _Markham //~Michalski / ~ Nicholson / Buol 20 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; Approve ye~ Nays /l~-Cline Markham _ Michalski /F~Iicholson v Buol 21 Wayfinding Signage City Manager recommending approval of design alternatives for the Wayfinding Sign Program. Suggested Disposition: Receive and File; Approve Duggan ~Markham Michalski Nicholson Buol 22 CarteGraph Development Agreement~ ~? City Manager recommending approval of vadous 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 Ayes Nays ~ Cline Connors /~ Duggan ~? /3Markham /;~ Michalski / ~ ~Nicholson Buol 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 ~yee/~ Nays v Connors // Duggan ~/.~ Nicholson Buol 23 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 //~A~ ye.~ . Nays ~-j /~} Chne ~ Connors , Duggan Markham ~/!~ichalski  / ~-~ Nicholson Buol Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 24 Sm 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 Aye.~-)/ Nays ~/~ ~/(~_line ~ Connors ~ Duggan //)Markham Michalski Nicholson Buol 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 ~/~ /Ii Cline /'~ ~' Connom /  ~ Duggan ~ / Markham ~ / ~Michalski ~ Buol 25 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 ~,//~-~5 Granting issuance of a Class "C~ Beer/Liquor License to Diamond Jo Casin~ (Outdoor Sale) Suggested Disposition: Receive and File; Approve Lease Agreement; Adopt Resolution Ayes Nays ~ Cline Connors ~ Duggan /~)Markham Michalski Nicholson ~/~Buol Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 26 Bluff Land Protection Measures (Tabled from March t7, 2003 Meeting) City Manager submitting information regarding Bluff Land Protection Measures. Suggested Dis:ion: Receive and File; Council ~/es Nays - Cline ~-/O Duggan / Markham · _Michalski ~/ /..~Nicholso. Aye~ Nays ~ ~ Cline ~ Michalski Nicholson Buol 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, formal action may be taken at this time on your comments because of the notice ~c~quirements of the Iowa Open Meetings Law. Motion to Adjoum at ~ y'~ '-~' ~~' Ayes Nays ~'~ Cline J Connors ~ Duggan ~/~l/larkham -- ~ Michalski j- Nicholson j Buol 27