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2 27 03 Minutes this meetingCITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 27, 2003 Council Met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members 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 Special Session of the City Council called for the purpose of conducting a Public Hearing on the Fiscal Year 2004 Budget and Five Year Capital Improvement Program. Proofs of Publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2004 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2003 through the fiscal year ending June 30, 2008, upon motion received and filed. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. Public input and discussion on departments in the following order: Human Rights - no comments; Finance - no comments; City Manager’s Office - no comments; City Council - no comments; City Clerk’s Office - no comments; Legal - no comments; Health Services – no comments; Cable TV – no comments; Emergency Communications – no comments; Emergency Management – no comments; Fire – no comments; Police – no comments; Information Services – no comments; Building Services – no comments; Water Pollution Control Plant – no comments; Operations and Maintenance – no comments; Water – no comments; Airport – no comments; Library – no comments; Civic Center – no comments; Recreation – no comments, Park – no comments; Economic Development – no comments; Transit – no comments; Parking – no comments; Purchase of Services – no comments; Capitol Improvement Program – no comments. Engineering Department: David Stuart, 1470 Locust, spoke in support of the Stormwater Utility. Steward Sandstrom, President of the Chamber of Commerce, John Herrig, as President of the Landowner’s Assn., and Jerry Maro, 10358 Timothy, as a landlord, spoke objecting to the Stormwater Utility fee. Ray Taylor, 1080 River Vista Drive, spoke objecting to the Stormwater Utility fee and plan. Mike Portzen, Chair of the Stormwater Utility Citizens Advisory Committee, spoke in favor of the Stormwater Utility fee, stressing the need for a lot of repairs. Wayne Klosterman of the North End Neighborhood Assn., spoke in favor of the utility if funding not found in the CIP but stressed the need of a sunset clause. Greg Cigrand, 1865 Admiral, as a former flood victim spoke of the necessity for programs to alleviate flooding. Ron Smith, 491 Burch, spoke of the need for the Utility if not found in the CIP, but stressed a sunset clause. Planning Department: Dave Rusk, Chair of the Long Range Planning Commission, Ron Smith, of the Zoning Advisory Commission, and Mike Ruden of the Zoning Board of Adjustment spoke in favor of the requested Planner position and the Zoning Ordinance update. Chris Wand, Chair of the Historic Preservation Commission, spoke in support of the additional 1 Planner position. Housing and Community Development: Chris Wand, Chair of the Historic Preservation Commission, spoke in support of the $20,000 for the Historic Preservation Homeowner Grant Program. Upon motion the public hearing portion of the Budget was closed. Ordinance No. 7-03 Amending the City of Dubuque Code of Ordinances Chapter 44 by adding thereto a new Division V. Stormwater Management, establishing a stormwater management utility district, providing for the powers, duties and responsibilities of the utility, establishing a stormwater management charge; and establishing a policy regarding expenditure of utility revenues, 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 Nicholson. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays—Duggan. Nicholson moved adoption of Resolution No. 56-03 Adopting Five Year Capital Improvement Budget, as amended. Seconded by Cline. Motion carried 7-0. Communication from the Long Range Planning Advisory Commission regarding their review of the Five Year Capital Improvement Program Budget, upon motion received and filed. Michalski moved adoption of Resolution No. 57-03 Adopting the Program Year 2003 (Fiscal Year 2004) Community Development Block Grant (CDBG) Annual Plan, as amended. Seconded by Cline. Motion carried 7-0. Communication from the Historic Preservation Commission regarding the Fiscal Year 2004 Community Development Block Grant Annual Action Plan and requesting the allocation of $20,000 for the Historic Preservation Homeowner Grant Program, upon motion received and filed. Buol moved adoption of Resolution No. 58-03 Approving the Five Year Street Construction Program for Fiscal Years 2004-2008. Seconded by Michalski. Motion carried 7-0. Michalski moved adoption of Resolution No. 59-03 Adopting Annual Budget, as amended, for the Fiscal Year ending June 30, 2004. Seconded by Cline. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays—Duggan. Communication from the City Manager representing options on funding for the two items held out for separate discussion and making a recommendation on a temporary hiring freeze to cover the impact of reduced utility tax replacement excise tax revenue and the impact of valuation changes since the budget recommendation was submitted, upon motion received and filed. Items held out for separate discussion: Full time Associate Planner Position - $70,000 and Zoning Ordinance Review and Update $130,000. Communications from the Historic Preservation Commission, Long Range Planning Advisory Commission, Zoning Advisory 2 Commission and Zoning Board of Adjustment in support of the additional Associate Planner position and communications from the Long Range Planning Advisory Commission, Zoning Advisory Commission and Zoning Board of Adjustment in support of the hiring of a consultant to review and update the Zoning Ordinance, upon motion received and filed. Michalski moved to postpone consideration of the additional Associate Planner position until funds were available after the hiring freeze was lifted. Seconded by Markham. Motion carried 7-0. Nicholson moved to take the City Manager’s recommendation to not do the sidewalks in Washington Park at this time and to use those funds to implement the update of the Zoning Ordinance. Seconded by Michalski. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays—Duggan. Ordinance No. 8-03 Amending the Code of Ordinances of the City of Dubuque, Iowa, Section 9-31 “Registration Fees” for bicycles by increasing the fees, 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 Nicholson. Motion carried 7-0. Buol moved adoption of Resolution No. 60-03 Adjusting Fees for Ambulance Services. Seconded by Nicholson. Motion carried 7-0. Ordinance No. 9-03 Amending the Code of Ordinances, City of Dubuque, Iowa, by replacing Table 108.2 in Section 11-2 with a new Table 108.2 to Section 11-2 providing for the issuance of permits and collection of fees therefore for building permits, 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 Nicholson. Motion carried 7-0. Ordinance No. 10-03 Amending the Code of Ordinances of the City of Dubuque, Iowa, Sections 44-83(a)(3)g, establishing basic sewer rates for residential and commercial users, 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 Nicholson. Motion carried 7-0. Ordinance No. 11-03 Amending the City of Dubuque Code of Ordinances Section 40-39 paragraph (d) providing for solid waste collection carts to be available to all City yard waste collection customers and establishing the fee for such carts; and increasing the annual permit fee for the collection of yard waste from $20.00 to $25.00, 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 Nicholson. Motion carried 7-0. 3 Ordinance No. 12-03 Amending the City of Dubuque Code of Ordinances Section 40-37 paragraphs (a), (b), and (c) establishing charges for the collection and disposal of solid waste and recyclable materials increasing the base fee from $7.20 per dwelling unit per month to $7.49 and amending Section 40-37 paragraph (d) providing for solid waste carts to be available to all refuse collection customers, 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 Nicholson. Motion carried 7-0. Ordinance No. 13-03 Amending the City of Dubuque Code of Ordinances Section 44-201(a) fixing water rates for residential, commercial, industrial and all other uses, 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 Nicholson. Motion carried 7-0. Ordinance No. 14-03 Amending the Code of Ordinances of the City of Dubuque, Iowa Section 44-202 Fire Sprinkler Service, 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 Nicholson. Motion carried 7-0. Buol moved adoption of Resolution No. 61-03 Rescinding Resolution No. 105-97, Establishing a Schedule of Development Service Fees, and adopting in lieu thereof a new schedule of Development Service Fees as providing in the Zoning Ordinance (Appendix A) and the Subdivision Regulations (Chapter 42 of the Code of Ordinances of the City of Dubuque, Iowa). and Seconded by Nicholson. Motion carried 7-0. Ordinance No. 15-03 Amending Section 32-279 of the City of Dubuque Code of Ordinances Parking Violations – Fines, 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 Nicholson. Motion carried 7-0. There being no further business, upon motion meeting adjourned at 7:37 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 3/7 4