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1 5 04 Skeleton SheetCITY COUNCIL SPECIAL SESSION, JANUARY 5, 2004 COUNCIL MET IN SPECIAL SESSION AT 5:00 P.M. IN THE LIBRARY AUDITORIUM PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, CON~ORS, MARKHAM, MICHALSKI, NIC ~HOLsoN ASSISTANT CITY MANAGER STF~HAusER; CORPORATION COUNSEL L[N~)AHL ABSENT: ~ ~, ~ Mayor Dugga~ read the call and stated this is a special session of the City Council called for the purpose of discussing the Downtown Master Plan Motion to adjourn at Ayes Nays /~ Markham /. ~,, Michalski / ~icholson / '-" Buol /~ Cline // Connors CITY COUNCIL REGULAR SESSION, JANUARY 5, 2004 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM ASSISTANT CITY MANAGER STEIN~HAUSER; CORPORATION COUNSEL L~DAHL ABSENT: Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing such mattem which may properly come before the City Council. 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 Martin Luther King, Jr. Days Me ntoring Month ~~ Marcy Year in Dubuque ~'~//~ / 2 CONSENTITEMS = Nays Duggan Markham ~!chalski /~ii~~°n /~/Connom Minutes and Reports Submitted Airport Commission of 1218; 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 11117; Housing Code Appeals Board of 11/18; Joint City/County Planning Committee Carnegie Stout Public Library Board of Trustees Update Printed 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 Notice of Claims/Suite 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 Robert Hallahan for property damage. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment 3 m 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 ~.~' RESOLUTION Accepting improvement Final estimate Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Duggan Markham Michalski Nicholson / Buol ~ Cline Connors 4 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 m 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 ~-~P/ Indicating commitment to historic preservation for Preserve America 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 Govemment 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 Resolu'don Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 5 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 ~/~% ~2 ~/' Authorizing an agreement with the Historic Site Preservation Grant Program for the Shot Tower rehabilitation Suggested Disposition: Receive and File; Adopt Resolution 10. 11. 12. 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 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 in 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 Ayes Nays Duggan Markham Michaiski Nichoison Buol Cline Connors 6 13. 14. 15. 16. 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 during the February 4-6, 2004 trip to Washington, D.C. Suggested Disposition: Receive and File; Approve Governor Thomas Viisack 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 Maritime Security Act. Suggested Disposition: Receive and File; Approve Purchase of Property - 785 Gillespie Street City Manager recommending approval of the pumhase 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 Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 7 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 Ayes Nays Duggan Markham Michaiski Nichoison Buol Cline Connors ITEMS TO BE SET FOR PUBLIC HEARING ,/AYes Nays ~,. /~uggan V ' ham / ~.?chalski // N~cholson ~/~ Buol // Cline / Connom 2. 2004 3. 2004 1. Fiscal Year 2004 Budget Amendment- January 19, 2004 Westbrook Subdivision Sanitary Sewer Extension - Phase I Project - February 2, Amended and Restated Garfield Place Urban Revitalization Area - February 16, 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 1119104 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 /~:~ ~/ RESOLUTION RESOLUTION Preliminary approval of plans and specifications Fixing date of headng on plans and specifications Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/~i04 9 w 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 2/16104 Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 10 PUBLIC HEARINGS SUSPEND THE RULES ~,~es Nays /~Duggan /~ ~Markham ~Michalski , '~ NicholSon Buol ,,/ Cline / Connors 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 Nays A~/~ Duggan Markham j Michalski Nicholson Buol /~ Cline / ~/Connors 11 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 Interceptor Sewer Phase IV Suggested Disposition: Receive and File; Motion B; Motion A Nays /~Duggan /~:':~ Markham ~"' Michaiski Nichoison Buo Cline Connom Ayes Nays Duggan Markham Michalski Nichoison Buol Cline Connors 12 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 Ayes Nays Duggan ~ Markham ? Michalski 5,/~Nicholson ~. Buol ./~) Cline ~,~' Connom 13 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 Corelrs 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 Corelrs Dubuque in the City of Dubuque, Dubuque County Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays I/Duggan Markham Michalski 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 Ayes Nays Duggan /~ Markham '"'~ Michalski Nicholson / ~-~Buol //. ~/Cline //t ~.~ Connore 14 REINSTATE THE RULES Ayes Nays i Duggan Markham Michalski Nicholson v Connors 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 ~' × ,~Vos Nays Duggan Markham / .M.!chaleki ~/N~cholson ~Buol Cline Connors 15 Greater Dubuque Development Corporation Rick Dickinson, Director of the Greater Dubuque Development Corporation, to provide verbal quarterly report. Suggested Disposition: Receive and File Nays Duggan ~-? Markham , Michalski /'~ Nicholson /", ~' B~oi ~'~ ,. ~Chne ~ ~onnom 16 = Highway 52 South~.R~quest to Rezone (First Reading on 12115103) ORDINANCE ,/'~ ./~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located southeast of Highway 61/151 and Highway 52 intersection from C-3 General Commercial 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. 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 Ayes Nays /~_ ./ ~ Duggan /l ?'//~Markham/ ' / / C~' Michalski/ //~/~xNich°ls°n / C/Cline/' Connors/ Ayes Nays /,~ Duggan ///~Markham '~' Michalski / , f ~Nmholson ~,~/Cline-- ~/ Connors 17 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 Ayes Nays ~ Duggan ^~ Markham ~ f,J~iMichalski // ~/-'~/Nicholson Cline Connors 19 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 ~-~ Z/'/ 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 Ayes Nays · Duggan ~/ · // Markham j/~ Michalski /~/~ Nicholson / ~ Buol // Cline / Connom 2O 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 ~A/,yes Nays / Duggan '~// Markham ~/i ~Michalski Nicholson Buol Cline / ~ Connors 21 = 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 Conners). Communication from Rick Dickinson, Greater Dubuque Development Corpora ion, requesting appointment of a City Council representative to the River Valley Inifiative~//~ Foundation Board of Directors. Mayor and City Council appointments to various Boards and Commissions? _ / Suggested Disposition: Receive and File; Council Appointments J ,/' . Markha.m. /,.~c, ~ ~/ // ~'./ Nicholson - Buol / Clino Connors COUNCIL MEMBER REPORTS PUBMCINPUT 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. 22 CLOSED SESSION Property Acquisition - Chapter 21.5(1)(j) 2003 Code of Iowa Motion to go into Closed Session at ~: ~'~ Motion to adjourn at ,,~yes Nays Duggan ,~ . Markham (~/~ Michalski /' 7'~/~ Nicholson j (-~' Buol Cline ~// Connom Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 23