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1 5 04 Agenda No IconsNote: Anyone with a Hearing Difficulty please contact the City Clerk before the beginning of the Council Meeting to possibly procure the use of a device to improve hearing ability. CITY COUNCIL MEETING CITY OF DUBUQUE, IOWA WELCOME ...... to this meeting of the DUBUQUE CITY COUNCIL. This is a formal meeting of the City Council, during which the Council takes official action on various items of business. These items are listed on the attached AGENDA. Each of these items has been studied by the City Staff and reviewed by the City Council prior to this Meeting. Listed below are guidelines adopted by the City Council for citizens to observe when addressing the Council about an item: Persons who would like to speak on a particular item should approach the microphone at the time the item comes up for discussion and wait to be recognized by the Mayor. Please be prepared to address the Council by proceeding to the podium and waiting in line to speak even though someone may be speaking. WHEN YOU ARE RECOGNIZED BY THE MAYOR~ FIRST STATE YOUR NAME AND ADDRESS~ AND IF YOU ARE REPRESENTING ANOTHER PARTY7 ALSO GIVE THE NAME AND ADDRESS OF SUCH PARTY. REMARKS MUST BE LIMITED TO 5 MINUTES OR LESS. SPEAKERS WILL BE ALLOWED TO SPEAK ONLY ONCE UNLESS QUESTIONS ARE ASKED = BY COUNClL~ FOR FURTHER CLARIFICATION. If you would like to speak to the Council on an item you were unable to have put on the agenda, the appropriate time is at the end of the meeting during the Public Input which appears at the bottom of the agenda. The Mayor will ask "Is there anyone in the Council Chambers who would like to address the Council?" THANK YOU FOR ATTENDING THIS MEETING. CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. - DOWNTOWN MASTER PLAN 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, JANUARY 5, 2004 INVOCATION Father Robert Vogl, Professor-Emeritus of Religious Studies, Loras College Swearing in of Council Member At-Large Ann Michalski Council Member Second Ward Roy Buol Council Member Fourth Ward Patricia Cline Swearing in of Mayor Pro-Tern Dan Nicholson PROCLAMATIONS Martin Luther King, Jr. Days (January 18 and 19, 2004) Mentoring Month (January, 2004) Mercy Year in Dubuque (2004) CONSENTITEMS 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 and Reports Submitted Airport Commission of 12/8; Building Code Board of Appeals of 12/11; Cable TV Regulatory Commission of 12/10; Cable TV Teleprogramming Commission of 12/2; City Council of 12/15; Five Flags Commission of 11/17; Housing Code Appeals Board of 11/18; Joint City/County Planning Committee Camegie Stout Public Library Board of Trustees Update Pdnted City Council Proceedings for November, 2004 Proof of publication of City Council Proceedings of December 1, 2003 Suggested Disposition: Receive and File; Approve as Printed m Notice of Claims/Suits Paul Cesaretti for property damage; Jim Green for vehicle damage; Julie Heiderscheit for personal injury; Paul Otterbeck 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: Julie Heiderscheit for personal injury; Peter Otterbeck for vehicle damage Corporation Counsel recommending settlement of the claim of Jim Green for vehicle damage and Paul Cesaretti for property damage and directing the Finance Department to issue payment. Corporation Counsel recommending denial of the claim of Robed Hallahan [or property damage. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment State Historical Society of Iowa Communication from the State Historical Society of iowa advising that the State Historic Preservation Bureau will be funding the City's Certified Local Government Grant Application in the amount of $14,437.50 for Phase V of the architectural/historical survey. Suggested Disposition: Receive and File Scenic Byways Grant Application City Manager recommending acceptance of the construction contract for the National Scenic Byways Grant for Design and Construction of Exhibits for the Interpretation of the Great River Road at the National Mississippi River Museum and Aquarium Project, as completed by Scharff Weisberg Systems Integration Inc., in the final contract amount of $735,813. RESOLUTION Accepting improvement RESOLUTION Final estimate Suggested Disposition: Receive and File; Adopt Resolution Certified Local Government Annual Report City Manager submitting the 2003 Certified Local Government (CLG) Annual Report for City Council's information. Suggested Disposition: Receive and File 2 10. Preserve America Communities Award Application City Manager recommending approval of a Preserve America Communities 2003/2004 Award Application indicating the City's commitment to historic preservation. RESOLUTION Indicating commitment to histodc preservation for Preserve Arhedca Communities 2003/2004 Application Suggested Disposition: Receive and File; Adopt Resolution Federal Government Performance and Results Act (GPRA} Annual Report City Manager submitting the 2003 Government Performance and Results Act (GPRA) Annual Products Report to the National Parks Service (NPS). Suggested Disposition: Receive and File Historic Resource Development Program Grant Application - Interpretive Signs City Manager recommending approval of a Historic Resource Development Program (HRDP) Grant Application for Heritage Trail Interpretive Signs. RESOLUTION Authorizing grant application for HRDP funds for Heritage Trail interpretive signs Suggested Disposition: Receive and File; Adopt Resolution Shot Tower Grant Agreement City Manager recommending approval of a grant agreement for $100,000 from the Historic Sites Preservation Grant Program for Phase I of restoration of the Shot Tower, RESOLUTION Authorizing an agreement with the Historic Site Preservation Grant Program for the Shot Tower rehabilitation Suggested Disposition: Receive and File; Adopt Resolution Affordable Housing Tax Credit Program Application - Gronen Properties City Manager recommending execution of a resolution in support of an application for equity financing assistance for the Gronen Upper Main Revitalization Project. RESOLUTION Authorizing the City Council to endorse the Gronen Properties' application for federal assistance for a rental housing rehabilitation project on Upper Main Street Suggested Disposition: Receive and File; Adopt Resolution 3 11, 12. 13. 14. 15. 16. Request for Proposals - Remediation of Petroleum Plume in the Port of Dubuque City Manager recommending approval of the issuance of a Request for Proposals (RFP) to solicit qualified environmental engineering firms to design and implement a remediation plan for cleanup of a petroleum plume in the Port of Dubuque. Suggested Disposition: Receive and File; Approve Rebidding of Madison Street Sanitary Sewer Extension Project City Manager recommending approval of the rebidding of the Madison Street Sanitary Sewer Extension Project due to a typographical error ~n the plans and specifications. RESOLUTION Rejecting all bids received for the Madison Street Sanitary Sewer Extension Project and re-ordering bids for the project Suggested Disposition: Receive and File; Adopt Resolution City Council Priorities - Federal Initiatives City Manager recommending approval of the "City of Dubuque Priorities and Requests for Federal Appropriations," which has been prepared for use dudng the February 4-6, 2004 tdp to Washington, D.C. Suggested Disposition: Receive and File; Approve Governor Thomas Vilsack City Manager submitting correspondence to Governor Thomas Vilsack regarding proposed state budget cuts. Suggested Disposition: Receive and File; Approve Maritime Security Act Plan for the Rivers' Edge Plaza City Manager recommending approval of a Maritime Security Plan for the Rivers' Edge Plaza as required by the Federal Government's Madtime Security Act. Suggested Disposition: Receive and File; Approve Purchase of Property - 785 Gillespie Street City Manager recommending approval of the purchase of property located at 785 Gillespie Street as part of the acquisition program associated with expansion of the West 32nd Street detention basin. RESOLUTION Approving the acquisition of real estate located at 785 Gillespie Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 4 17. 18. 19, = McKesson Corporation Expansion - Application for Financial Assistance City Manager recommending approval of the submission of an application for financial assistance from the State of Iowa on behalf of McKesson Corporation. RESOLUTION Authorizing the filing of an application for financial assistance from the State of Iowa on behalf of McKesson Corporation Suggested Disposition: Receive and File; Adopt Resolution Abstract of Votes Denise Dolan, County Auditor and Commissioner of Elections, submitting the Abstract of Votes for the Baseball Stadium Election held on December 16, 2003. Suggested Disposition: Receive and File Business Licenses RESOLUTION Granting the issuance of a Class "B" Beer (5 Day Special Event) to Riverfest Special Event; and Class "C" Beer Permit to Kwik Stop Food Mart, IOCO Speede Shoppe and Oky Doky #21 RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to The Lounge, Bowling and Beyond and Ten Pin Tap; and Class "B" Wine Permit to Dubuque Religious Center Suggested Disposition: Adopt Resolutions ITEMS TO BE SET FOR PUBLIC HEARING Fiscal Year 2004 Budget Amendment City Manager recommending that a public hearing be set for January 19, 2004 to consider an amendment to the Fiscal Year 2004 budget. RESOLUTION Directing the City Clerk to publish proposed amendment to the Fiscal Year 2004 budget and date of public hearing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/19/04 Westbrook Subdivision Sanitary Sewer Extension - Phase I Project City Manager recommending initiation of the bidding process for the Westbrook Subdivision Sanitary Sewer Extension - Phase I Project and that a public hearing be set for February 2, 2004. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/1104 5 Amended and Restated Garfield Place Urban Revitalization Area City Manager recommending that a public hearing be set for February 16, 2004 to consider an amended and restated Garfield Place Urban Revitalization Area. RESOLUTION Setting a public hearing on a proposal to amend City of Dubuque Ordinance 38-2002 Establishing the Amended and Restated Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/16/04 PUBLIC HEARINGS SUSPEND THE RULES Voluntary Annexation Proof of publication on notice of hearing to consider the voluntary annexation, including non-consenting property owners, of approximately 704 acres of property west of Dubuque. Communication from Douglas and Dianne Fritsch, 14238 Middle Road, regarding the proposed annexation. RESOLUTION Approving applications for voluntary annexation of territory with non- consenting property owners Suggested Disposition: Receive and File; Adopt Resolution Southfork Interceptor Sewer Phase IV Connection Charge Proof of publication on notice of hearing and notice to property owners to consider establishing the sanitary sewer connection fees for the Southfork Interceptor Sewer at $478.86 per acre and City Manager recommending approval. ORDINANCE Establishing a schedule of sewer connection fees for the connection of property to the Southfork nteroeptor Sewer Phase IV Suggested Disposition: Receive and File; Motion B; Motion A Pre-Disaster Mitigation Plan Proof of publication on notice of hearing to consider approval of the City of Dubuque's Pre-Disaster Mitigation Plan. RESOLUTION Approving and adopting the Dubuque Pre-Disaster Mitigation Plan Suggested Disposition: Receive and File; Adopt Resolution 6 Mary Ransdell v. City of Dubuque Proof of publication on notice of headng to consider disposing of City interest in Lot 15A in Hill Street Addition and Lot 27A in Corell's Dubuque in the City of Dubuque, Dubuque County, iowa pursuant to a Settlement Agreement with Mary Ransdell. RESOLUTION Disposing of City interest in Lot 15A in Hill Street Addition and Lot 27A in Corell's Dubuque in the City of Dubuque, Dubuque County Suggested Disposition: Receive and File; Adopt Resolution Vacating Petition - Portion of West 32nd Street at John F. Kennedy Road Proof of publication on notice of hearing to consider a request from Steven and Judy Selchert for the vacating and disposal of a portion of West 32nd Street at John F. Kennedy Road. RESOLUTION Disposing of City interest in Lot lA of Arbor Estates in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES ACTION ITEMS Request to Address the Council Ray Taylor, 10880 Rio Vista Drive, requesting to address the City Council regarding stoplights on the Northwest Arterial. Suggested Disposition: Receive and File Greater Dubuque Development Corporation Rick Dickinson, Director of the Greater Dubuque Development Corporation, to provide verbal quarterly report. Suggested Disposition: Receive and File Highway 52 South - Request to Rezone (First Reading on 12/15/03) ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located southeast of Highway 61/15'1 and Highway 52 intersection from C-3 General Commemial District to MHI Modified Heavy Industrial District, with conditions Communication from Gary Cavanaugh, 9250 Bellevue Heights, expressing concerns with the rezoning and submitting information on diesel exhaust. Communications in opposition to the proposed rezoning. 7 = Communication from Brian J. Kane, representing Apex Concrete, LLC, in partial response to inquiries regarding the rezoning. Dan Mueller submitting information from the Iowa Department of Transportation regarding Entrance Permit #31-2003-13 to construct a single Type "B" entrance along US 52 within the City of Dubuque. Suggested Disposition: Receive and File; Motion B; Motion A Request for Proposals for Private Management of the Five Flags Center City Manager recommending approval of the issuance of a Request for Proposals for private management of the Five Flags Center, Suggested Disposition: Receive and File; Approve Building Permit Moratorium - Bee Branch Creek Restoration Alignment Study City Manager recommending approval of a building permit moratorium through May 29, 2004 for property located in the Bee Branch Creek Restoration Alignment Study area. ORDINANCE Amending Chapter 11 Buildings and Building Regulations of the City of Dubuque Code of Ordinances by adding a new Section 11-58.5 Establishing a Moratorium on the Issuance of Building Permits for Commemial and New Residential Construction in the Bee Branch Creek Restoration Alignment Study Area Suggested Disposition: Receive and File; Motion B; Motion A Dubuque Greyhound Park Expansion Communication from the Dubuque Racing Association requesting City Council support of the proposed Dubuque Greyhound Park and Casino Facility Expansion project. City Manager recommending that the City Council support the Dubuque Greyhound Park and Casino Expansion Project and to submit a Letter of Support to the Iowa Racing and Gaming Commission. Suggested Disposition: Receive and File; Approve City Council Appointments Communication from Operation: New View requesting appointment of the City's designees to their Board for calendar year 2004 (currently Council Members Patricia Cline and Joyce Connors). Communication from Rick Dickinson, Greater Dubuque Development Corporation, requesting appointment of a City Council representative to the River Valley Initiative Foundation Board of Directors. Mayor and City Council appointments to various Boards and Commissions. Suggested Disposition: Receive and File; Council Appointments 8 COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Property Acquisition - Chapter 21.5(1)(j) 2003 Code of Iowa Jeanne F. Schneider December 30, 2003 9