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4 21 03 Minutes this meetingCITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, April 21, 2003 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Member Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Sister Paula Maloy, SVM. Proclamations: Commendation of Fire Rescue received by various Police and Fire Officers; Sexual Assault Awareness Month (April, 2003); Community Development Week (April 21 – 27, 2003) received by Sister Paula Maloy; Arbor Day (April 26, 2003); and Make-A-Wish Week (April 27 – May 3, 2003) received by Dave Jewett and Sandy Steuer. CONSENT ITEMS 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, upon motion received and filed. Proof of publication of City Council Proceedings of 3/17, upon motion received and filed. Finance Director submitting the Financial Reports for the month ending March 31, 2003, upon motion received and filed. Notice of Claims/Suits: Holy Ghost Parish Credit Union for property damage; Progressive Concrete Systems LLC for payment for work performed, upon motion referred to the Legal Staff for investigation and report. Wagner Subdivision – Final Plat: Zoning Advisory Commission recommending approval of the final plat of Wagner Subdivision located at 2711 Brunskill Road, upon motion received and filed. Buol moved adoption of Resolution No. 118-03 Approving the final plat of Wagner Subdivision in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. Five Flags Arena HVAC System: City Manager recommending the approval of Shive Hattery Engineers to design the Five Flags Arena HVAC System replacement, upon motion received and filed and approved. Quarterly Investment Report: City Manager submitting the quarterly investment report for the period from January 1, 2003 through March 31, 2003, upon motion received and filed. Purchase of Service Agreements: Communication from the City Manager regarding the funding of various Purchase of Service agreements, upon motion received and filed. 1 Dubuque Area Lifetime Center – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Lifetime Center, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. Washington Neighborhood Tool Library – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with the Washington Neighborhood Tool Library, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. Dubuque Main Street – Purchase of Service Agreement: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Main Street, upon motion received and filed and approved recommendation. 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, upon motion received and filed. 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, upon motion received and filed and referred to the City Manager. Legislative Correspondence: Communication of City Manager Michael C. Van Milligen, dated March 6, 2003, to local legislators regarding the gaming tax lawsuit, upon motion received and filed. Communication of City Manager Michael C. Van Milligen, dated April 9, 2003, to local legislators regarding the gaming tax issue, upon motion received and filed. 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, upon motion received and filed and referred to the City Manager. 2 Civil Service Commission: Civil Service Commission submitting the certified list for the position of Mechanic, upon motion received and filed and made 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, upon motion received and filed. Notice of Bankruptcy Filing: Notice of bankruptcy filing and final hearing on certain motions and applications in the matter of Eagle Food Centers, Inc., upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed and referred to the 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, upon motion received and filed. 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, upon motion received and filed and approved recommendation. Business Licenses: Buol moved adoption of Resolution No. 119-03 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 No. 120-03 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 and Resolution No. 121-03 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. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Markham moved adoption of Resolution No. 122-03 Approving the plat of proposed vacated portion of Wall Street, Washington Street, Cypress Street, and alleys in Blocks 20 and 28, Dubuque Harbor 3 Improvement Company Addition; Resolution No. 123-03 Approving plat of proposed vacated portion of the Fourth Street Extension, Dubuque Harbor Improvement Company Addition; Resolution No. 124-03Approving plat of proposed vacated portion of Bell Street and alley in Block 11, Dubuque Harbor Improvement Company Addition; Resolution No. 125-03 Approving plat of proposed vacated portion of Fifth and Sixth Streets, Dubuque Harbor Improvement Company Addition; Resolution No. 126-03 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 No. 127-03 Approving plat of proposed vacated portion of Wall Street, Washington Street, and alleys in Blocks 21 and 27, Dubuque Harbor Improvement Company Addition. Seconded by Cline. Motion carried 7-0. Ordinance No. 24-03 Vacating a portion of Bell Street and alley in Block 11, Dubuque Harbor Improvement Company Addition; Ordinance No. 25-03 Vacating a portion of the Fourth Street Extension, Dubuque Harbor Improvement Company Addition; Ordinance No. 26-03 Vacating a portion of Fifth and Sixth Streets in Dubuque Harbor Improvement Company Addition; Ordinance No. 27-03 Vacating a portion of the Fourth Street Extension, Wall Street, Market Street, Pine Street and Lot 2 of Lot 20 and alley in Block 26 in Dubuque Harbor Improvement Company Addition; Ordinance No. 28-03 Vacating a portion of Wall Street, Washington Street, and alleys in Blocks 21 and 27 in Dubuque Harbor Improvement Company Addition; Ordinance No. 29-03 Vacating a portion of Wall Street, Washington Street, Cypress Street and alleys in Blocks 20 and 28 in Dubuque Harbor Improvement Company Addition, presented and read. Markham moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Cline. Motion carried 7-0. Markham moved adoption of Resolution No. 128-03 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 and further set this for Public Hearing on May 5, 2003 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish in the manner prescribed by law. Seconded by Cline. Motion carried 7-0. 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, upon motion received and filed. Markham moved adoption of Resolution No. 129-03 Directing the City Clerk to publish proposed amendment to the Fiscal Year 2003 Budget and date of public hearing and set for Public Hearing on 5/19/03 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0. 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. No one spoke. 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. Upon motion Todd Geisler and Harlan Willenborg were reappointed to three year terms which will expire 3/16/06. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. 4 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 District to PUD Planned Unit Development District and Zoning Advisory Commission recommending approval, and communications regarding the proposed rezoning at 2800 Rhomberg Avenue, upon motion received and filed. An 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, presented and read. A. J. Spiegel, owner of the property, spoke in favor of the rezoning which would allow the building of a condominium at the former Tollbridge Restaurant site, and stated he is not asking for any city funding to help with this project. Cliff Winner, 1077 Kaufmann, Martha Lundh, 2678 Marywood, and Herb Lange, wildlife photographer from Wisconsin, all spoke in opposition, citing historical and bluffland value and beauty, as well as stating eagles now are often seen in this area and it would disrupt their habitat. John Kretz. 2760 Jonathan Lane, stressed that change is difficult but spoke in favor of the project, stating that he is one of the owners of the parking lot for this project, Rick Dickinson, Greater Dubuque Development Corp., spoke in favor of the project. Council discussed the proposed project at length, stressing appreciation to Mr. Spiegel for his time and response to their questions about this development, though questioning City liability from falling rocks and stormwater drainage, and impact on the bluffland area. Mr. Spiegel stated that eagles are seen nesting all over Dubuque County now, not just in this particular area. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Vote on the motion was as follow: Yeas—Buol, Duggan, Markham, Nicholson. Nays— Cline, Connors, and Michalski. Motion failed due to lack of super majority vote. Buol then moved that this be considered the first reading of the Ordinance. Seconded by Markham. Carried by the following vote: Yeas—Connors, Duggan, Markham, Nicholson, Buol. Nays—Cline, Michalski. 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-1c 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, upon motion received and filed. Ordinance No. 30-03 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, and Ordinance No. 31-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying 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, presented and read. Flint Drake of Kane, Norby & Reddick, as Attorney for Mr. Stewart, spoke objecting to the proposed conditions but will accept them if Council requires them. 5 Eugene Bird, Chair of the Zoning Advisory Commission, spoke of the reasons for the conditions but would also support removing the conditions. Rick Dickinson, Greater Dubuque Development Corp., spoke in favor of the project and removing of the conditions. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Buol amended his motion to remove the conditions on the permitted uses. The amendment was not accepted by Nicholson. Buol removed his motion from the table. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances (Ordinance No. 30- 03 without conditions). Seconded by Cline. Carried by the following vote: Yeas—Buol, Cline, Connors, Duggan, Markham, Michalski. Nays—Nicholson. 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 Commercial zoning designation and Zoning Advisory Commission recommending approval, upon motion received and filed. Jim Theisen spoke giving the background of his business in Dubuque and requested Council support the proposed rezoning. Ordinance No. 35-03 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 Planned Unit Development District with PC Planned Commercial District Designation and adopting a Conceptual Development Plan, presented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7- 0. 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. Dan Mueller, 590 Samuels St., as owner of the property, spoke requesting the proposed rezoning. Ordinance No. 32-03 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, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. 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, and City Manager recommending adoption of the revised area submitted by the Iowa Department of Transportation for the Development Moratorium in 6 the proposed Southwest Arterial Corridor, presented and read. Ordinance No. 33-03 Amending Appendix A (the 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 Iowa 32 (Southwest Arterial) Corridor and Ordinance No. 34-03 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 Iowa 32 (Southwest Arterial) Corridor, presented and read. Michalski moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Nicholson. Motion carried 7-0. 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, th known as Lot 1 Heartland Place (lot located between 16 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, upon motion received and filed. Markham moved adoption of Resolution No. 130-03 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). Seconded by Cline. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 130-03 Adopting plans and specifications for the project and Resolution No. 132-03 Awarding contract to Volkens Excavating. Seconded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Grand River Center – Logo Design: City Manager recommending approval of the logo design for the Grand River Center, upon motion received and filed and approved. Wayfinding Signage: City Manager recommending approval of design alternatives for the Wayfinding Sign Program, upon motion received and filed and approved recommendations as stated below. Downtown District: Design Logo #1 voted for by all 7 Council Members; Eagle Point District: Design Logo #1 voted for by all 7 Council Members; South End District: Design Logo #1 voted for by Cline, Connors, Markham, Michalski, Nicholson, and Buol; Design Logo #2 voted for by Duggan. College District: Design Logo #1 voted for by all 7 Council Members with change as requested by the University of Dubuque to show the new Myers Library; West End District: Design Logo #1 voted for by Cline and Nicholson; Design Logo #3 (more options) voted for by Connors, Duggan, Michalski and Buol. Design Logo #2 voted for by Markham Port of Dubuque District: Nicholson stated that the boat and wave is sufficient on the logo and requested they delete the background of the downtown. Design Logo #3 (with no background) voted 7 for by Cline, Connors, Duggan, Michalski, Nicholson; Design Logo #2 voted for by Markham and Buol. Sue Czeshinski of the Convention & Visitors Bureau and Planning Services Director Laura Carstens spoke stating they were trying to keep the signage as simple as possible for viewing by individuals in fast moving vehicles. Michalski commended the committee for their hard work. 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), upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. 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. upon motion received and filed and approved recommendation. 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, upon motion received and filed and approved recommendation. Steve Ulstad spoke clarifying the plans. 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, upon motion received and filed and approved recommendation. Markham moved adoption of Resolution No. 133-03 Granting issuance of a Class “C” Beer/Liquor License to Diamond Jo Casino (Outdoor Sale). Seconded by Buol. Motion carried 7-0. Bluff Land Protection Measures (Tabled from March 17, 2003 Meeting): Upon motion this was removed from the table. City Manager submitting information regarding Bluff Land Protection Measures, upon motion received and filed and discussed being pro-active to protect areas in the City. COUNCIL MEMBER REPORTS Nicholson voiced appreciation to Staff for the grand City Expo on April 15, 2003. PUBLIC INPUT 8 David Hartig, 1255 Southern, spoke of concerns about possible noise problems from outdoor musical events etc. There being no further business, upon motion meeting adjourned at 9:44 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 4/30 9