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12 15 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, DECEMBER 15, 2003 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM MARK~M, MICH~LSKI, NICHOLSON CI~ MANAGER MICHAEL VAN MILMGE"; CORPO~ION COUNSEL] Mayor Duggan read the call and stated this is a regular session of the City Council Called for the purpose of discussing such mattem which may properly come before the City Council. INVOCATION: Reverend DeWayne Teig, Director of Admissions at War'(burg Theological Seminary CONSENTITEMS Iyes Nays Connors ~'~arkham ~ Michalski ~, Nicholson , ~) Buol ~Cline Minutes and Reports Submitted Airport Commission of 10/27; City Council of 12/1; Downtown Planning Committee of 12/1; Housing Commission of 11/3; Housing Commission Trust Fund Committee of 12/4; Human Rights Commission of 11/10; Long Range Planning Commission of 11/19; Mechanical Board of 11/25; Park and Recreation Commission of 12/9; Transit Board of 11113; Zoning Advisory Commission of 12/3; Zoning Board of Adjustment of 11/20 Proof of publication of City Council Proceedings of 11/10, 11/12 and 11/17 and List of Claims and Summary of Revenues for Month Ending October 31, 2003 Finance Director submitting the Financial Reports for the month ending November 30, 2003. Suggested Disposition: Receive and File 2 2. Notice of Claims/Suits Mary Metz for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mary Metz for vehicle damage Corporation Counsel recommending denial of the claim of Delbert Keuter for vehicle damage. Suggested Disposition: Receive and File; Concur Human Rights Commission Communication from Charles Ryan notifying the City Council of his resignation from the Human Rights Commission. Suggested Disposition: Receive and File Greater Dubuque Development Corporation Communication from Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, in opposition to the proposed Warehouse Demolition District. Suggested Disposition: Receive and File Ayes Nays Connom Duggan Markham Michalski Nicholson Buol Cline 3 Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Truck Driver and Equipment Operator I. Suggested Disposition: Receive and File; Make a Matter of Record Quality Place - Final Plat Zoning Advisory Commission recommending approval of the final plat of Lots 1 through 6 of Quality Place located in the 2700 block of Shims Avenue as requested by Ted and Carole Soppe. RESOLUTION ,-~-~2.~ ~ ~ Approving the final plat of Lots I through 6 of Quality Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ricann Farms, Inc. No. 4 - Final Plat Zoning Advisory Commission recommending approval of the final plat of Ricann Farms, Inc. No. 4 on Olde Massey Road (next to 7326 Olde Massey Road) in Dubuque County as requested by Richard LeConte/Ricann Farms, Inc. RESOLUTION ~//~75 Approving the final plat of Ricann Farms, Inc. No 4 in Dubuque County, Iowa SuggeSted Disposition: Receive and File; Adopt Resolution Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 4 Four Oaks Community Partnership (cp2) Grant- Subcontract City Manager recommending approval of a subcontract with Four Mounds Foundation for the Four Oaks Housing Education and Rehabilitation Training (HEART) Program Community Partnership (cp2) Grant. RESOLUTION j~/~_~ Authorizing Four Oaks Inc. to subcontract with the Four Mounds Foundation for the Housing Education and Rehabilitation Training Program (HEART) Community Partnership Program (cp2) Grant Suggested Disposition: Receive and File; Adopt Resolution Sa Iowa Department of Economic Development Communication from the Iowa Department of Economic Development advising that the Downtown Master Plan grant has been extended to June 30, 2004. Suggested Disposition: Receive and File 10. Baseball Referendum Communication from Sister Margaret Ann Willging regarding the proposed baseball referendum and City Manager providing a response. Suggested Disposition: Receive and File 11. West 16t~ S~eet Residential Parking Permit District Communication from John E. Kerrigan, President of Loras College, in support of the West 16th Street Residential Parking Permit District. Suggested Disposition: Receive and File Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 5 12. Two-Hour Parking Along Jackson Street City Manager recommending that a request for two hour parking in front of 1365 - 1367 Jackson Street be denied. Suggested Disposition: Receive and File; t3. Delinquent Sewer Charges City Manager recommending approval of the submission of delinquent sewer accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION ~- ~ ~-~ Authorizing collection of delinquent Sewer accounts in accordance with Section 44-83 and 44-86 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 14. Delinquent Garbage and Refuse Collection Accounts City Manager recommending approval of the submission of delinquent garbage and refuse accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. RESOLUTION ~-~?.~2 ~ Authorizing collection of delinquent garbage and refuse collection accounts in accordance with Section 40-37 and 40-39(d) of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 6 t5. Legislative Correspondence Communication from Senator Charles E. Grassley regarding the Intemet Tax Nondiscrimination Act. Suggested Disposition: Receive and File 16. Iowa League of Cities Communication from the Iowa League of Cities requesting that City Manager Michael C. Van Milligen serve on the League's Policy Committee. Suggested Disposition: Receive and File; Approve 17. Code of Ordinances - Supplement No. 59 City Manager recommending adoption of Supplement No. 59 to the City of Dubuque Code of Ordinances. RESOLUTION ~--U~-~-~ Adopting Supplement No. 59 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 18. Release of Real Estate Mortgage Corporation Counsel recommending release of the real estate mortgage for Christine E. Lehnen. Suggested Disposition: Receive and File; Approve Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 7 19. Business License Refund Brandon Merdck requesting refund of the cigarette license for Jumpers Sports Bar and Grill in the amount of $50.00. Suggested Disposition: Receive and File; Approve 20. Business Licenses RESOLUTION .' ~--~ ~.~ Granting the issuance of a permit to sell cigarettes and cigarette papers to Cue Masters Billiards RESOLUTION Big 10 Mart Granting the issuance of a Class "C" Beer Permit to RESOLUTION ~-//~ ~P~.~ Granting the issuance of a Class "B" Liquor License to Hoffman House Restaurant/3100 Club and Holiday Inn Dubuque Five Flags; and Class "C" Beer/Liquor License to The White House, Instant Replay, The Moracco, Michael's Bar X, Cue Master Billiards, Ryan House, Andaluz and Breezers Pub Suggested Disposition: Adopt Resolutions Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 8 ITEMS TO BE SET FOR PUBLIC HEARING 1. Mary Ransdell v. City of Dubuque - January 5, 2004 2. Vacating Petition - Portion of West 32nd Street at John F. Kennedy Road - January 5, 2004 3. Pre-Disaster Mitigation Plan - January 5, 2004 4. Downtown Master Plan - February 2, 2004 yes-. Nays ~)~Connom ~ Duggan ,/~ Markham ~//'Michalski // .~ Nicholson // ~,) Buol // Cline Mary Ransdell v. City of Dubuque City Manager recommending that a public hearing be set for January 5, 2004 to consider the vacating of a portion of a public alley north of West 7th Street pursuant to the Settlement Agreement with Mary Ransdell. RESOLUTION -~/~ ' ~:~ Approving plat of proposed vacated portion of a public alley in Coriell's Dubuque RESOLUTION ~,~-/~ ~ public alley in Hill Street Addition ORDINANCE ~ 7~ Street RESOLUTION ~--~/~-~ Of intent to dispose of City interest In Lot 15A in Hill Street Addition and Lot 27A in Coriell's Dubuque in the City of Dubuque, Dubuque County, Iowa Approving plat of proposed vacated portion of a Vacating a portion of a public alley north of West Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 115/04 9 = Vacating Petition - Portion of West 32nd Street at John R Kennedy Road City Manager recommending that a public hearing be set for January 5, 2004 to consider a request from Steven and Judy Selchert for the vacating of a portion of West 32nd Street at John F. Kennedy Road. RESOLUTION _~/.~ ~"~ Approving plat of proposed vacated portion of West 32nd Street at John F. Kennedy Road ORDINANCE ~_~"~ ~ ~ ~ Vacating a portion of West 32nd Street at John F. Kennedy Road RESOLUTIOI~ S/~ ~5 Of intent to dispose of City interest in Lot lA of Arbor Estates in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Healing 115/04 Pm-Disaster Mitigation Plan City Manager recommending that a public headng be set for January 5, 2004 to consider approval of an updated Pre-Disaster Mitigation Plan. RESOLUTION · ~J.~ ~ ~_~ Establishing a public hearing to solicit written and oral comments on the City's proposed Pre-Disaster Mitigation Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing tl5/04 = Downtown Master Plan Downtown Planning Committee recommending that a public hearing be set for February 2, 2004 to consider adoption of the Downtown Master Plan. Suggested Disposition: Receive and File; Public Hearing 2/2104 Ayes Nays Connom Duggan Markham Michalski Nicholson Buol Cline 10 BOARDSICOMMISSIONS Appointments to the following Boards/Commissions: Human Rights Commission (Three 3-Year Terms to Expire 111107 - Terms of Drummer, Gieeen and Jackson; and One Unexpired 3-Year Term to 1/1106): Applicants: Sarah A. Davidson, Patricia Foster, Judith Haley Giesen, Evelyn E. Jackson, Robert Nesler, Many O'Shea Connom Duggan Markham Michalski Nicholson Buol Cline ~Bavidson v/ ,'y/ '~..'~/ / / ;~" ~/ Nesler / O'Shea / 11 PUBLIC HEARINGS SUSPEND THE RULES yes Nays Connors '/~ Duggan /.~ Markham ~)~..!chalski ¥, Nicholson Highway 52 South - Request to Rezone Proof of publication on nofica of hearing to consider rezoning property located southeast of Highway 52 South and Highways 61/151 from C-$ General Commercial District to MHI Modified Heavy Industrial District at the request of Dan Mueller and Zoning Advisory Commission recommending approval. Petition and letters in opposition to the proposed rezoning. ORDINANCE ~[/A~/ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Cod~ of Ordinances by reclassifying hereinafter described property located southeast of Highway 61/151 and Highway 52 intersection from C-3 General Commercial Distdct to MHI Modified Heavy Industrial District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~ Connors Duggan /_,Markham ~'J~ Michalski j ~Nicholson ~"' Buol Cline 12 5255 Pennsylvania Avenue - Request to Rezone Proof of publication on notice of headng to consider rezoning property located at 5255 Pennsylvania Avenue from C-3 General Commercial District to CS Commemial Service and Wholesale District as requested by Jim Runde and Zoning Advisory Commission recommending approval. ORDINANCE ~;~-~_? Amending AppendixA (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 5255 Pennsylvania Avenue from C-3 General Commercial Distdct to CS Commercial Service and Wholesale Distdct Suggested Disposition: Receive and File; Motion B; Motion A Nays // / ~/./Conners // ~' Duggan // Markham // Michalski / i Nicholson // ~Buol / Cline 14 Tri-State Development-Request to Rezone Proof of publication on notice of headng to consider rezoning property located at the southwest comer of Seippel Road and Old Highway Road from R-2 Two-Family Residential District to CS Commercial Service and Wholesale Distdct and CS Commercial Service and Wholesale Distdct to R-2 Two-Family Residential District as requested by Tri-State Development and Zoning Advisory Commission recommending approval. ORDINANCE ~.~ ¢;~5 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southwest comer of Seippel Road and Old Highway Road from R-2 Two- Family Residential District to CS Commemial Service and Wholesale Distdct and CS Commemial Service and Wholesale Distdct to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Nays Connore Duggan Markham Michalski Nicholson ')Buo, Cline 15 = Vessel Systems - Tax Increment Revenue Bonds Proof of publication on notice of headng to consider issuance of not to exceed $140,000 in urban renewal tax increment revenue bonds to support the Vessel Systems, Inc. project at the Dubuque Industrial Center West and City Manager recommending approval. /,~? RESOLUTION ,~-'~.. _ r ~ Instituting proceedings to take additional action for the issuance of not to ~-Y,',~=d $140,000 Urban Renewal Tax Increment Revenue Bonds RESOLUTION ~'2~2- g2~.~ Authorizing and providing for the issuance of $140,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Series 2003, of the City of Dubuque, Iowa, and providing for the secudng of such bonds for the purpose of carrying out an urban renewal project in the area of the City of Dubuque, Iowa designated as the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays // Connors ~ Duggan ~// Markham // ,_ Michalski / / Nicholson 16 Riverside Baseball, LLC Lease Proof of publication on notice of hearing to consider the disposition of real property and improvements in the Ice Harbor Urban Renewal District by lease to Riverside Baseball, LLC and City Manager recommending approval. City Manager recommending approval of two minor amendments to the previously negotiated Riverside Baseball LLC Lease Agreement. RESOLUTION ~-~5;~' ~5 Determining that the proposal of Riverside Baseball, LLC to lease property in the Ice Harbor Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa is in compliance with the terms of the City's offering for disposition of such property RESOLUTION ~'-~t~7~ Accepting the proposal from Riverside baseball, LLC for the lease of property in the Ice Harbor Urban Renewal District in the Port of Dubuque in the City of Dubuque, Iowa and approving the lease agreement with Riverside Baseball, LLC for the lease of the property Suggested Disposition: Receive and File; Adopt Resolutions ~yes Nays Connors Duggan Markham ~ _ Michalski //~ Nicholson / ~/-r) Buol c.- Cline 17 Sm Mediacom Franchise Extension Proof of publication on notice of hearing to consider a six-month extension of the existing Mediacom cable franchise and side agreements under the terms currently in effect and City Manager recommending approval. ORDINANC£ .,~ ~_~ Extending the term of the existing cable franchise agreement and hub site lease of MCCIowa, LLC to June 30, 2004 Suggested Disposition: Receive and File; Motion B; Motion A //'Ayes Nays Connors ~/ Duggan ~ Markham ~..~ Michalski ~JNicholson Buol Cline Eagle Valley Subdivision Water Main Extension Project Proof 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 Eagle Valley Subdivision Water Main Extension Project to Fondell Excavating, Inc. in the amount of $74,897.00. RESOLUTION ~.~ ~ Adopting plans and specifications for the project RESOLUTION ~*~-~-~ Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions yes Nays Connors · / .~ Duggan // Markham / Michalski // 18 Seippel Road Water Main Extension Project Proof 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 Seippel Road Water Main Extension Project to W.C. Stewart Construction, Inc. in the amount of $98,104.38. RESOLUTION ~--~" ~ Adopting plans and specifications for the project RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Connors r\ Duggan /~} Markham ~. Michalski ~J Nicholson Buol Cline REINSTATE THE RULES Aye.~ ~ Nays ~/ ~/Connom ~// ~Duggan // ~, Markham ~ ~ Michalski / Nicholson Buol Cline 19 ACTION ITEMS Adams Company - Economic Development Grant City Manager recommending approval of an Economic Development Grant Agreement between the City of Dubuque and the Adams Company conceming the Economic Development Grant to the Company for the construction of its new facility in Dubuque Industrial Center West. RESOLUTION ~.~-~/~-4:2.~ Approving an agreement with the Adams Company to provide an Economic Development Grant to the Adams Company pursuant to the Development Agreement between the City of Dubuque and the Adams Company Suggested Disposition: Receive and File; Adopt Resolution yes Nays Connors Duggan ,~ Markham / ~.M.!chalski ~-~ Nicholson // Buol / Cli.e 20 Bee Branch Moratorium City Manager submitting the recommendations of the Bee Branch Citizen Advisory Committee (BBCAC) regarding establishment of a permit moratorium related to the Bee Branch Creek Restoration Study. Suggested Disposition: Receive and File; Council ~Ayes Nays Connors /' /Duggan ~" /Markham /~ , Michalski ~ Nicholson / Buol /~Cline Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 21 Request to Waive Connection Fees City Manager recommending denial of a request from John Miller to waive City sewer and water connection fees and building permit fees for property he wants to develop on Peru Road and Roosevelt Road. Suggested Disposition: Receive and File; Approve Denial Aye~s-t, Nays ~/Connom /~/~/~ ,~ Duggan /~l~ Markham ~' Michalski Nicholson Buol Cline ~ Connom Duggan Markham ~Michalski {~*/Nicholson '-~ Buol Cline 22 = Spirit of Dubuque (Dubuque River Rides, Inc.) Lease Amendment City Manager recommending approval of an amendment to the lease agreement with Wa~t and Nancy Webster, representing Dubuque River Rides, Inc., to allow for a restaurant with bar and a gift shop on a new barge they have brought into the Ice Harbor. Suggested Disposition: Receive and File; Approve yes Nays Connors / Duggan _ Markham ~J//Michalski '~ Nichol~on ,- ; Buol /~j Cline m Fiscal Year 2004 Annual Action Plan - Amendment #2 City Manager recommending approval of the second amendment to the Fisca~ Year 2004 Annual Action Plan to reallocate funds. RESOLUTION ~:~-~ Approving an amended and restated Fiscal Year 2004 (Program Year 2003) Annual Plan -Amendment 2 for Community Development Block Grant (CDBG) funds Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ~ Connors ? Duggan Markham · . . /~ ~M~chalsk, / (/~,~Nicholson '/,, Buol y ~ Cline 23 IA 32 (Northwest Arterial) Speed Limits City Manager recommending approval of a change in the speed limit on IA 32 (Northwest Arterial) from US 20 to the northerly limits from 45 miles per hour to 50 miles per hour at the request of the Iowa Department of Transportation. ORDINANCL=/~;~ ~ Amending the Code of Ordinances of the City of Dubuque, Iowa, by revising Subsection (c) of Section 32-231 thereof providing for the establishment of speed limits on the Northwest Artedal (IA 32) Suggested Disposition: Receive and File; Motion B; Motion A ~Ayes Nays ~ Connors ...~ ,.., Duggan // //~Y~ Markha .m. // ~ Michalsk~ // _, Nicholson ~' Cline Stop Signs at Jefferson Street and Spruce Street City Manager recommending approval of the installation of stop signs for traffic on Jefferson Street at Spruce Street. ORDINANCE //~.~ Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Jefferson Street at Spruce Street Suggested Disposition: Receive and File; Motion B; Motion A Nays Connors Duggan Markham Michalski Nicholson Buol Cline 24 B Bus Loading/Unloading and Parking Policy at Port of Dubuque City Manager recommending approval of the implementation of a bus loading/unloading and parking policy at the Port of Dubuque. Suggested Disposition: Receive and File; Approve yes Nays Connors J Duggan /~ Markham ~Michalski icholson ~// ~Buol /~Cline Holiday Refuse Collection Allowance City Manager recommending approval of the distribution of one free garbage pickup sticker to each of the City's refuse customers. Suggested Disposition: Receive and File; Approve Ayes Nays ~/~ Connom ~ Duggan Markham / /~J Michalski / L~' Nicholson '/ Buol / ~ Cline 25 10. Fiscal Year 2005 Budget Hearing Schedule City Manager submitting the revised budget hearing schedule for Fiscal Year 2005. Suggested Disposition: Receive and File; Approve ,/~yes Nays Connors ~/ Duggan /Markham Michalski /~Nicholson f 'ySuo / ~Cline COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concem to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Property Acquisition - Chapter 21.5(1)(j) 2003 Code of Iowa Motion to go into closed session at ~/~,',~/ ~,~yes Nays // Connors ~,~Duggan / /~ Markham // ~'/ Michalski Nicholson Cline 26 Motion to adjourn at Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 27