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10 18 04 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, OCTOBER 18, 2004 INVOCATION Sister Kathy Lentsch, OSF, Vice President of the Sisters of St. Francis PROCLAMATIONS Red Ribbon Week (October 23 - 31,2004) Childhood Lead Poisoning Week (October 24 - 30, 2004) ~ ~ Red Ribbon Week Childhood Lead Poisoning Week 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. 1. Minutes and Reports Submitted Airport Commission of 10/4; Cable TV Teleprogramming Commission of 10/5; City Council of 10/4; Civil Service Commission of 9/21; Community Development Advisory Commission of 9/8; Environmental Stewardship Advisory Commission of 10/5; Zoning Advisory Commission of 10/6 Proof of publication of City Council Proceedings of September 7,13,14 and 20, 2004 and List of Claims and Summary of Revenues for month ending August 31,2004 City of Dubuque Financial Reports for month ending September 30, 2004 (on file in the City Clerk's Office) Suggested Disposition: Receive and File ~ ~ ~ ~ ~ Airport Cable TV City Council Civil Service Community Dev Adv Comm ~ ~ Env Stewardship Adv Zoning Advisory Comm 2. Notice of Claims/Suits Robert Boynton for vehicle damage; Mound City Bank vs. City of Dubuque, et al; Pospisil Painting, Inc. for material and labor costs; Amy Pitz for vehicle damage; Lisa Price for vehicle damage; Robert Waddick for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dawn Close for vehicle damage Corporation Counsel recommending settlement of the claims of Robert Boynton for vehicle damage, Luther Manor for property damage, Robert Waddick for property damage, and Lisa Price for vehicle damage and directing Finance Department to issue payment. Corporation Counsel recommending that the claim of Amy Pitz for vehicle damage be referred to River City Paving Company. Suggested Disposition: Receive and File; Concur; Finance Department to Issue Payment ø ø ø Claim- ¡CAP Claims - Settled Claim - Referred 3. Key City Properties LLC - Preliminary Plat Zoning Advisory Commission recommending approval of the final plat of Key City Properties Plat No.2 located on North Cascade Road in Dubuque County, as requested by Dave Schneider/Key City Properties LLC. Suggested Disposition: Receive and File; Approve ~ ~ Ii Iii ~ Key City - ZAC Ltr Key City - Application Key City - VK:inity Map Key City - Piat Key City - Staff Report 2 4. Tamarack Business Park - Final Plat Zoning Advisory Commission recommending approval of the final plat of Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth Subdivision in Dubuque County as requested by Jon Luckstead. RESOLUTION Approving the final plat of Lot 6, Lot 7 and Lot C Tamarack S.E. Fourth Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution rtJ ø ø Ii ~ {j Tamarack - ZAC Ltr Tamarack - Application Tamarack - Resolution Tamarack - VK:inity Map Tamarack - Piat Tamarack - Staff Memo 5. Medical Associates Subdivision No.2 Zoning Advisory Commission recommending approval of the final plat of Lot C-1, C-2, and C-3 Medical Associates Subdivision No.2 as requested by CU-LlNKlMedical Associates Realty. RESOLUTION Approving the final plat of Lot C-1, Lot C-2 and Lot C-3 of Medical Associates Subdivision No.2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution rtJ fá Ii ø ~ ~ CU UNK - ZAC Ltr CU UNK - Appiication CU UNK - VK:inity Map CU UNK- Plat CU UNK - Staff CU UNK - Resolution Memo 6. White Water Creek Bridge - Memorandum of Understanding City Manager recommending approval of a Memorandum of Agreement between the Federal Highway Administration, State Historic Preservation Office, Dubuque County, and the City of Dubuque, for relocation of the historic White Water Creek Bridge. Suggested Disposition: Receive and File; Approve rtJ ~ ~ ø ø Bridge - MVM Memo Bridge - Staff Memo Bd of Supv Ltr Bridge-Map Intergovernmental Agreement 3 7. Dubuque Community School District Communication from John L. Burgart, Superintendent of the Dubuque Community School District, thanking the City for constructing a new cul-de-sac on Tyler Road. Suggested Disposition: Receive and File Ii Schooi Dstrict Ltr 8. Citizen Communication Communication from Brenda Gerhard, 4950 Northrange Court, regarding the Cedar Lake Plaza Planned Unit Development public hearing and commending the Council for their action. Suggested Disposition: Receive and File ø Gerhard Ltr 9. Legislative Correspondence Communication to Congressman Jim Nussle requesting that he refrain from adding his name to a letter being circulated by Representative Pickering calling upon the FCC to conduct an expedited proceeding to conclude that IP enabled services are interstate in nature. City Manager advising that Congressman Jim Nussle, consistent with the City's request, did not sign the letter being circulated by Representative Pickering. Communication from Senator Charles Grassley advising that he has contacted the Federal Emergency Management Agency and the Army Corps of Engineers regarding the costs incurred by the City for operating the floodwall pumping stations during the flooding disaster in May 2004. Suggested Disposition: Receive and File ~ ~ ø Nussie Ltr Nussie - MVM Memo Grassley Ltr 4 10. 11. 12. University of Dubuque Communication from Alan Burr, University of Dubuque, requesting to purchase a portion of a city streeUalley abutting University of Dubuque property at the corner of Lombard Street and Collins Street. Suggested Disposition: Receive and File; Refer to City Manager Ii UD Letter Assumption and Subordination of Mortgage Obligation and Promissory Note City Manager recommending approval of an Assumption Agreement and Mortgage Subordination Agreement that will allow Denis Gioletti and Richard Hatton to transfer responsibility for a mortgage and promissory note to Jeffrey Jackson, who is purchasing the commercial property at 231 West 2nd Street. RESOLUTION Authorizing an Assumption Agreement and a Mortgage Subordination Agreement in regard to a mortgage interest in the easterly 40 feet of Lot 85 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution rtJ rtJ rtJ ø Subordination - MVM Memo Subordination - Staff Memo Subordination - Resolution Agreements Code of Ordinances - Supplement No. 62 City Manager recommending approval of the adoption of Supplement No. 62 to the Code of Ordinances. RESOLUTION Adopting Supplement No. 62 to the City of Dubuque Code of Ordinances Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Code - MVM Memo Code - Staff Memo Code - Resoiution 5 13. 14. 15. 16. Federal Communications Commission Communication to Michael Powell, Chairman of the Federal Communications Commission regarding review of the emergency alert system. Suggested Disposition: Receive and File ~ PoweilLtr Dubuque River Rides Communication from Nancy M. Webster, President and Chief Executive Officer- Dubuque River Rides, requesting to extend their lease with the City of Dubuque for an additional eight-year term. Suggested Disposition: Receive and File; Refer to City Manager ø Webster Ltr Great American Main Street Award Dan LoBianco, Dubuque Main Street, Ltd, requesting a letter of endorsement from the City of Dubuque for inclusion in their application for the 2005 Great American Main Street Award. RESOLUTION In support of the 2005 Great American Main Street Award application of Dubuque Main Street, Ltd. Suggested Disposition: Receive and File; Adopt Resolution ø {j Main Street Ltr Main Street - Resoiution Business Licenses RESOLUTION Granting the issuance of one renewal permit to sell cigarettes and cigarette papers to Hy-Vee Gas #2 RESOLUTION Granting the issuance of a Class B Beer Permit to Happy Joe's Pizza and Class C Beer Permit to Hy-Vee Gas #2 RESOLUTION Granting the issuance of a Class C Beer/Liquor License to Rainbow Lounge, Yen Ching Restaurant and Channel Inn Restaurant; and a Class B Native Wine Permit to P.S. I Love You 6 Suggested Disposition: Adopt Resolutions ~ ~ ~ Resoiution #1 Resolution #2 Resolution #3 ITEMS TO BE SET FOR PUBLIC HEARING 1. Reallocation of General Obligation Bonds Series 2002C City Manager recommending that a public hearing be set for November 1, 2004 to consider the reallocation of General Obligation Bond proceeds for use on the new Municipal Services Center. RESOLUTION Fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2002C, of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/1/04 r[J ~ ~ Bonds - MVM Memo Bonds - Staff Memo Bonds-Resolution BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Environmental Stewardship Advisory Commission (Two 3-year terms through 10/1/07- terms of Buelow and Nemmers) Applicants: Michael J. Buelow, John T. Nemmers Appointments to the following Commission: Environmental Stewardship Advisory Commission (Two three-year terms through 10/1/07 and one vacant youth term through 6/1/05) Applicant: Chad M. Chase - Youth ~ ~ ø Bd and Comm List Overview Sheet ESAC Applications 7 PUBLIC HEARINGS SUSPEND THE RULES 1. Zoning Ordinance Text Amendment Proof of publication on notice of hearing to consider a text amendment to Appendix A (the Zoning Ordinance) of the Code of Ordinances to provide for separation of adult entertainment establishments from school property by providing a 1,200 foot separation to help buffer residential and institutional districts from adult entertainment establishments. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-8.3(1) of the Zoning Ordinance regulations governing the location and spatial separation of adult entertainment establishments to provide for a 1,200 foot separation of school properties from adult entertainment uses Suggested Disposition: Receive and File; Motion B; Motion A ~ ø ~ ~ Ii Ii Amendment - ZAC Ltr Amendment - Appiication Amendment - Staff Memo Amendment - Ordinance Amendment - Map Amendment - Map #1 #2 u Suggested Motion 2. Widening of Asbury Road at the Northwest Arterial Project Proof of publication on notice of hearing to consider the Widening of Asbury Road at the Northwest Arterial Project and City Manager recommending award of the contract to Portzen Construction in the amount of $59,165.50. RESOLUTION Approving plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ ~.h '1::!::.J Asbury Rd - MVM Memo Asbury Rd - Staff Memo Asbury Rd- Resoiutions Asbury Rd - Bid Tab Material from October 4, 2004 Meeting ~ ~ ~ Asbury - MVM Memo Asbury - Staff Memo Asbury - Resolutions 8 REINSTATE THE RULES ACTION ITEMS 1. Chamber of Commerce Convention and Visitors Bureau Request of Sue Czeshinski, Director - Convention and Visitors Bureau, to provide the Convention and Visitors Bureau report. Suggested Disposition: Receive and File ~ CVB Ltr 2. Code of Ordinances - Chapter 5 - Alcoholic Beverages (Third Reading) Communication from Kate Zanger, Vice President for Student Life - Clarke College, urging the Council to vote yes on the proposed city ordinances related to alcohol and submitting an article from the USA Today regarding this issue. ORDINANCE Amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances by enacting a new Section 5-9 prohibiting buffet sales of alcoholic liquor, wine or beer ORDINANCE Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances is amended by adding the definitions of restaurant and kitchen facility to Section 5-2 and amending Section 5-7.2 prohibiting persons under the legal age from remaining on the premises where alcoholic liquor is sold or dispensed thirty minutes after any restaurant on the licensed premises is closed Suggested Disposition: Receive and File; Motion A ø ~ ~ ~ Zanger Ltr Ordinance #1 Suggested Motion Ordinance #2 Material from September 20, 2004 Meeting ~ ~ Ii ~ ~ ~ Ordinances - MVM Ordinances - Staff Ordinances - Exhibit Ordinance #1 Memo Memo A Ordinance #2 Ordinances - Merfeid Ltr 3. Achievement Award for Economic Development from the International Downtown Association Receipt of the Achievement Award for Economic Development from the International Downtown Association. Suggested Disposition: Receive and File 9 4. Dubuque Main Street, Ltd Receipt of the Best Public Improvement ProjecUNew Construction Award for the Grand River Center; Best Promotional EvenUPartnership Effort Award for the Grand Excursion; and the Best Partnership Planning Effort Award for the Downtown Dubuque Master Plan from Dubuque Main Street, Ltd. Suggested Disposition: Receive and File ø Main Street Awards 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 Pending Litigation - Chapter 21.5(1 )(c) 2003 Code of Iowa Jeanne F. Schneider October 14, 2004 10