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5 19 03 Agenda No IconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. - DINNER - LIBRARY ROTUNDA 5:30 P.M. - SPECIAL MEETING - FIVE FLAGS CIVIC CENTER STUDY 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, MAY 19, 2003 INVOCATION Father Craig Welbaum, Rector, St. John's Episcopal Church PROCLAMATION Poppy Days (May 23 and 24, 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 May 5 and 8; Electrical Board of May 5; Enterprise Zone Commission of May 7; Library Board of Trustees of March 27; Zoning Advisory Commission of April 2; Zoning Board of Adjustment of April 24 Printed Council Proceedings for month of January, 2003 Proof of publication of Council Proceedings for April 21,2003 Finance Director submitting the Financial Reports for the month ending April 30, 2003. Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suits Crestar Mortgage Corporation/Sun Trust (VA) vs. Kent J. Blakeman and Housing Services Department; Becky Hanson for property damage; Miller Logging, Inc. for property 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: William Miller for property damage Corporation Counsel recommending that the claim of Jennifer Sheldon for seizure of property be referred to the Dubuque County Clerk of Court; and the claim of Delmar M. Stevens for vehicle damage be referred to the Iowa Department of Transportation. Corporation Counsel recommending settlement of the claim of Melvin Leibold for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment 1 Citizen Communications Communication of Donald Pfohl and Clarence P. Pfohl requesting to acquire a portion of City-owned property adjacent to 3501 Asbury Road. Communication of Werner Hellmer requesting information regarding whether the Rubioff Development Group, Inc. shopping mall (Asbury Plaza) is in compliance with any and all requirements concerning installation of a water retention basin. Suggested Disposition: Receive and File; Refer to City Manager Federal Legislative Communications Communication of City Manager to Senator Charles Grassley thanking him for including $20 billion in his legislation to assist states with the current economic downturn. Communication of City Manger to Congressman Jim Nussle requesting that he support Senator Grassley's legislation. Communication of City Manger to Senator Tom Harkin requesting that he support Senator Grassley's legislation. Suggested Disposition: Receive and File State Legislative Communication Communication of City Manager to local legislators requesting their support of a proposal being considered for the special session of the Iowa State Legislature that would help the City avoid $1.2 million in cuts to the Fiscal Year 2004 budget. Draft letter from Thomas G. Bredeweg, Executive Director of the Iowa League of Cities, to Governor Vilsack regarding several issues. Copy of press release from the Senate Democratic Leader on federal assistance to cities. in Des Moines Register article members of Republican Majodty caution against counting on any federal help to cover cuts to local governments. Suggested Disposition: Receive and File Jacobson's Inc. Lease Communication from John C. O'Connor, representing Jacobson's Inc., requesting that the lease between Jacobson's Inc. and the City of Dubuque be extended through September 14, 2005. Suggested Disposition: Receive and File; Approve Dubuque Community Schools Communication of Thomas Determan, Dubuque Community Schools, submitting the results of Sixth and Seventh Grade students' work at the Young Citizens' Forum held on March 19, 2003. Suggested Disposition: Receive and File Family Self-Sufficiency and Homeownership Program Coordinators City Manager recommending approval of the submittal of an application to the U.S. Department of Housing and Urban Development (HUD) for funds to renew the Family Self-Sufficiency Program (FSS) Coordinator position and for a contract with ISU County Extension to provide homeownership counseling to FSS Program participants. Suggested Disposition: Receive and File; Approve 2 10. 11. 12. 13. 14. Fiscal Year 2003 Annual Action Plan - Amendment ~ City Manager recommending approval of proposed changes in the City's Community Development Block Grant (CDBG) FY 2003 Annual Action Plan due to the anticipated increase in program income. RESOLUTION Approving Amendment 4 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution Mediacom 2002 Annual Report Communication from Julien D'Ancona, Director of Accounting for Mediacom, submitting financial reports covering operational and financial conditions as of December 31, 2002. Suggested Disposition: Receive and File Northeast Iowa School of Music for Uptown Recreation Programs - Fiscal Year 2004 Agreement City Manager recommending approval of the grant agreement with the Northeast Iowa School of Music to provide music lessons in Fiscal year 2004 as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Fiscal Year 2003 - ISU Extension Services for Uptown Recreation Programs - Agreement City Manager recommending approval of the grant agreement with the SU Extension Services to provide summer programs from June 9th through June 30t~ as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Fiscal Year 2004 - ISU Extension Services for Uptown Recreation Programs - Agreement City Manager recommending approval of the grant agreement with the ISU Extension Services to proVide summer programs in Fiscal Year 2004 as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Agreement - Dubuque Museum of Art for Uptown Recreation Programs - FY 2003 City Manager recommending approval of the grant agreement with the Dubuque Museum of Art to provide summer art programs from June 9th through June 30th as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve 3 15. 16. 17. 18. 19. 20. Agreement - Dubuque Museum of Art for Uptown Recreation Programs - FY 2004 City Manager recommending approval of the grant agreement with the Dubuque Museum of Art to provide summer art programs in Fiscal Year 2004 as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Four Mounds Foundation for Summer Day Camp Program - FY 2003 Agreement City Manager recommending approval of the grant agreement with the Four Mounds Foundation to provide the summer day camp program from June 9th through June 30th as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Four Mounds Foundation for Summer Day Camp Program - FY 2004 Agreement City Manager recommending approval of the grant agreement with the Four Mounds Foundation to provide the summer day camp program in Fiscal Year 2004 as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Riverwalk 4th Addition - Final Plat Zoning Advisory Commission recommending approval of the final plat of Riverwalk 4th Addition at East 5th and Bell Street as requested by the City of Dubuque. RESOLUTION Approving the final plat of Riverwalk 4th Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Dubuque Storage and Transfer - Minor Final Plat of Liebe's Subdivision No. 3 Zoning Advisory Commission recommending approval of the minor final plat of Liebe's Subdivision No. 3 as requested by Dubuque Storage and Transfer/Patrick Tobin for property located at 3040 Elm Street. RESOLUTION Approving the final plat of Liebe's Subdivision No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Dubuque Community School District - Major Final Plat Zoning Advisory Commission recommending approval of the major final plat of Lot 1, Lot 2, Lot 16, Lot 17, westerly 50 feet of Lot 18, east 50 feet of Lot 18, and Lot lA in Columbia Addition as requested by the Dubuque Community School District. RESOLUTION Approving the plat of Bryant School Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4 21. 22. 23. 24. 25. 26. Heritage Trail Extension Grant Agreement City Manager recommending approval of a grant agreement with the iowa Department of Transportation for Statewide Transportation Enhancement Funds for the extension of Heritage Trail from the Heron Pond Wetlands Trail to the Dubuque Jaycees Trail; RESOLUTION Authorizing a grant agreement for iowa Department of Transportation Statewide Transportation Enhancement Funds for the Heritage Trail Extension from the Heron Pond Wetlands Nature Trail to the Dubuque Jaycees Trail Suggested Disposition: Receive and File; Adopt Resolution Interstate Power Rate Case City Manager submitting the conclusion of the Interstate Power Rate Case. Suggested Disposition: Receive and File Platinum Hospitality - Certificate of Completion City Manager recommending approval of a Certificate of Completion for Platinum Holdings, LLC, acknowledging completion of its obligations to construct the minimum improvements as required in the Development Agreement related to the Grand Harbor Resort and Waterpark project. Suggested Disposition: Receive and File Annexation Study Update - Consultant Recommendation City Manager recommending approval of a contract with Veenstra & Kimm, Inc. to update the City's Annexation Study. Suggested Disposition: Receive and File; Approve Ice Harbor Pump Replacement Project City Manager recommending acceptance of the Ice Harbor Pump Replacement Project in the final contract amount of $174,550.00. RESOLUTION Accepting improvement RESOLUTION Approving final contact amount Suggested Disposition: Receive and File; Adopt Resolutions Historic Preservation Commission Communication from Christopher Wand, Chairperson of the Historic Preservation Commission, advising that Commission Member Chris Schoepner, representative from the Cathedral Historic Preservation District, has decided not to reapply for a second term. Suggested Disposition: Receive and File 5 27. 28. 29. DMATS Policy Board Communication of the City Manager to the DMATS Policy Board requesting that Economic Development Director Bill Baum be appointed as a proxy anytime two Council Members or the City Manager are not in attendance at DMATS Policy Board meetings. Suggested Disposition: Receive and File; Approve Business License Refund Request of Liquor Depot of Dubuque for a refund of their Class C Beer Permit in the amount of $150.00 Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting the issuance of a Class "C' Beer Permit to Hy-Vee Food Store #1, Casey's General Store #2421, and Casey's General Store #2420 RESOLUTION Granting issuance of a Class "A" (Club) Liquor License to Dubuque Golf and Country Club; Class "C" Beer/Liquor License to Stonewall/Bricktown/Blackwater Grill, Dempsey's/Molly's Pub and Grub, Joyce's Tugboat (Outdoor Service), Breaktime Bar and Grill, Clarke College, and Denny's Lux Club; Special Class "C" Liquor License to Four Seasons Buffet; and Class "B" Wine Permit to Hy-Vee Food Store #1 Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING Vacating Petition - Railroad Street in Centre Grove Addition City Manager recommending that a public hearing be set for June 2, 2003 to consider a request from Flint Drake, representing the estate of Edward J. Zalaznik, for the vacating of Railroad Street in Centre Grove Addition. RESOLUTION Approving plat of proposed vacated Railroad Street in Centre Grove Addition ORDINANCE Vacating Railroad Street in Centre Grove Addition RESOLUTION of Intent to dispose of City interest in Lots 21A and 22A of Centre Grove Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/2/03 Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West City Manager recommending that a public hearing be set for June 2, 2003 to consider the disposition of Lots 7 and 8 in Dubuque Industrial Center West 2nd Addition to Vessel Systems, Inc. for the purpose of constructing a 31,000 square foot manufacturing facility and approval of a Development Agreement with Vessel Systems, Inc.. RESOLUTION of Intent to dispose of Lots 7 and 8 in the Dubuque Industrial Center West 2nd Addition by sale to Vessel Systems, Inc. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/2/03 Port of Dubuque Recognition Wall - Initiate City Manager recommending initiation of the public bidding process for the Port of Dubuque Recognition Wall Project and that a public hearing be set for June 16, 2003. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on the plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing .6/16/03 West Locust Street Manhole Replacement Project - Initiate City Manager recommending initiation of the public bidding process for the West Locust Street Manhole Replacement Project and that a public hearing be set for June 16, 2003. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on the plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/16/03 PUBLIC HEARINGS SUSPEND THE RULES QHQ Properties - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district at the request of QHQ Properties and Zoning Advisory Commission recommending approval, with conditions. Communication from Kenneth L. Buesing, on behalf of QHQ Properties, requesting that this item be tabled to the June 2, 2003 meeting. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Holliday Ddve, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district, with conditions Suggested Disposition: Receive and File; Motion B; Motion A 7 3280 Pennsylvania Avenue - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 3280 Pennsylvania Avenue from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District at the request of Steve and Judy Selchert 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 3280 Pennsylvania Avenue from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A Kennedy Mall, Ltd - 555 John F. Kennedy Road - Amend PUD Proof of publication on notice of hearing to consider amending the Planned Unit Development District for property located at 555 John F. Kennedy Road to add a 30,008 square foot detached retail store (Best Buy) at the southeast corner of the mall site at the request of Kennedy Mall, Ltd./David M. DeChristofaro 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 the Kennedy Mall PUD Planned Unit Development with a PC Planned Commercial Designation and adopting an amended Conceptual Development Plan Suggested Disposition: Receive and File; Motion B; Motion A Hy-Vee, Inc./Rubloff Development Group, Inc. - Amend PUD Proof of publication on notice of hearing to consider amending the list of permitted uses for the Asbury Plaza Planned Commercial District to include a convenience store and carwash at the request of Hy-Vee, Inc./Rubloff Development Group, Inc., and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for hereinafter described property located at the northwest corner of Asbury Road and the Northwest Arterial to amend Ordinance No. 44-00 that established the PUD Planned Unit Development District for Asbury Plaza and adopting an amended list of permitted uses Suggested Disposition: Receive and File; Motion B; Motion A Vacating Petition - Utility Easement (Plaza Court) Proof of publication on notice of headng to consider a request from Steve Schmitz and Michael White for the vacating of an eight-foot wide utility easement in the City of Dubuque and City Manager recommending approval. RESOLUTION Disposing of interest and vacate utility easement over the balance of Lot 4 of Plaza Court in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 8 10. Quebecor World Dubuque, Inc. Development Agreement - Tax Increment Financing Proof of publication on notice of hearing to consider the issuance of tax increment revenue obligations for Quebecor World Dubuque, Inc., and the execution of a Development Agreement and City Manager recommending approval. RESOLUTION Authorizing the execution of a Development Agreement with Quebecor Wodd Dubuque, Inc. Suggested Disposition: Receive and File; Adopt Resolution Development Agreement - Adams Company Proof of publication on notice of hearing to consider a Development Agreement with the Adams Company for the purchase of their property in the Port of Dubuque and relocation of the company to the Dubuque Industrial Center West and City Manager recommending approval. Communication from City Manager to John Hendry, The Adams Company, regarding the Dubuque Industrial Center West maintenance assessments. RESOLUTION Authorizing the execution of a Development Agreement with The Adams Company Suggested Disposition: Receive and File; Adopt Resolution Dubuque Area Industrial Development Corporation Proof of publication on notice of hearing to consider the issuance of tax increment revenue obligations for the Dubuque Area Industrial Development Corporation and the execution of a First Amendment to the Development Agreement relating thereto and City Manager recommending approval. RESOLUTION Authorizing the execution of a First Amendment to Development Agreement with Dubuque Area Industrial Development Corporation Suggested Disposition: Receive and File; Adopt Resolution Heartland Financial USA, Inc. Proof of publication on notice of hearing to consider the issuance of tax increment revenue obligations for Heartland Financial USA, Inc., and the execution of a Development Agreement and City Manager recommending approval. RESOLUTION Authorizing the execution of a Development Agreement with Heartland Financial USA, Inc. Suggested Disposition: Receive and File; Adopt Resolution Fiscal Year 2003 Budget Amendment Proof of publication on notice of hearing to consider a second amendment to the Fiscal Year 2003 budget and City Manager recommending approval of the amendment. RESOLUTION Amending the current budget for the fiscal year ending June 30, 2003 Suggested Disposition: Receive and File; Adopt Resolution 9 11. Iowa Street Ramp Skywalk Improvement 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 the contract for the Iowa Street Ramp Skywalk Improvement Project to Dubuque Glass Company in the amount of $31,313. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Dubuque Glass Company Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES ACTION ITEMS Timothy Wardle Claim Communication from Corporation Counsel advising that Timothy Wardle wishes to address the Council regarding the denial of his claim against the City for vehicle damage. Suggested Disposition: Receive and File; Council Fiscal Year 2004 Community Partnership (cp2) Program City Manager recommending approval of the recommendation of the Community Development Advisory Commission for allocation of Community Partnership Program (cp2) funds. RESOLUTION Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2004 Suggested Disposition: Receive and File; Adopt Resolution Phase III Architectural/Historic Survey City Manager submitting the draft report for the Phase III Architectural/Historic Survey and requesting City Council review and comment on the draft report. Suggested Disposition: Receive and File; Council Bee Branch Alignment Study - Consultant Selection City Manager recommending approval of the selection of Camp Dresser & McKee to provide engineering and design services for the Bee Branch Alignment Study at a cost of $249,844. Suggested Disposition: Receive and File; Approve Carter Road Detention Basin - Consultant Selection City Manager recommending approval of a contract with Veenstra and Kimm, Inc. in the amount of $108,500 for consultant services for the Carter Road Detention Basin. Suggested Disposition: Receive and File; Approve 10 10. Wayfinding Sign Program City Manager submitting the final design for the Highway signs and the revised designs for the College Grendview, Port of Dubuque, and West End Tourism Districts for the Wayfinding Sign Program. Suggested Disposition: Receive and File; Approve Community Development Advisory Commission Reorganization City Manager recommending approval of an amendment to the Code of Ordinances to change the method of selection of members to the Community Development Advisory Commission. ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa, Chapter 15, Community Development Section 15-46 relating to membership of the Community Development Advisory Commission Suggested Disposition: Receive and File; Motion B; Motion A America's River Corporation City Manager recommending approval of the City's participation as a charter and permanent board member for the America's River Corporation, the City Manager serving as the City's representative and the expenditure of up to $7,500 as a portion of startup costs for the Corporation. Suggested Disposition: Receive and File; Approve Vessel Systems - CEBA Application City Manager recommending approval of a Community Economic Betterment Account (CEBA) program application on behalf of Vessel Systems to the Iowa Department of Economic Development to help fund an expansion program. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Vessel Systems, Inc. Suggested Disposition: Receive and File; Adopt Resolution Fiscal Year 2004 Budget Reduction City Manager submitting recommer~dations on department targets for expense reductions and revenue enhancements and identifying a process to balance the Fiscal Year 2004 budget, as required with State revenue reductions and health insurance cost increases. Communications from RSVP, Dubuque Area Labor Management Council, the Dubuque Humane Society and Substance Abuse Services Center regarding their Purchase of Service Agreements. Suggested Disposition: Receive and File; Approve 11 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 dearly. 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 Jeanne F. Schneider May 15, 2003