4 7 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, APRIL 7, 2003
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR DUGGAN, couNcIL, MEMBERs BUOL, CLINE, CONNORS,
MARKHAM, MICHALSKI, NICH~/LSON .~ ~,. ~ ~
CITY MANAGER MICHAEL VAN' MILMGEN; CORPORATION CO~RRY
LINDAHL
ABSENT:
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: Ben Mathew, Chaplain, Emmaus Bible College
PROCLAMATIONS:
Public Health Week (April 7 - 13, 2003)
Fair Housing Month (April, 2003)
YOUTH IN GOVERNMENT:
Swearing-In of Youth In Government Participants
CONSENTITEMS
~Jee ClineNays
Connors
/~puggan
/~',/Markham
~' Michalski
/o' o"
Minutes Submitted
Airport Commission of 3/24; Cable TV Regulatory Commission of 3/12; City Council of
3/17; Conference Board of 2/19; Downtown Planning Committee of 3/10; Housing Code
Appeals Board (Amended) of 11/19; Housing Code Appeals Board of 12/17; Housing
Commission of 2/25 and 3/20; Housing Commission Trust Fund of 3/20; Library Board
of Trustees of 2/27; Transit Trustee Board of 3/13; Zoning Advisory Commission of 3/5;
Zoning Board of Adjustment of 2~27
Proofs of publication of City Council Proceedings of 3/3 and 3/5 and List of Claims and
Summary of Revenues for Month Ending February 28, 2003
Suggested Disposition: Receive and File
2
m
Notice of Claims/Suits
Mary Eigenberger for properbj damage; Lois Friedman for vehicle damage; Thomas
Mueller for property damage; Steven Plumley for loss of property; Connie Swift for
personal injury; Mark Rokusek for vehicle damage; Craig J. Takes for vehicle damage;
Timothy Wardle 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: Lois
Friedman for vehicle damage; Mark Rokusek for vehicle damage; Connie Swift for
personal injury.
Corporation Counsel recommending denial of the claim of Timothy Wardle for vehicle
damage.
Corporation Counsel recommending settlement of the claim of Steven Plumley for
monetary loss and Craig Takes for vehicle damage and that the Finance Director issue
property payment.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Payment
Legislative Correspondence
Communication of City Manager to area legislators requesting support of Senate File
358 which would transfer the responsibility for establishing the State Plumbing Code
from the Iowa Department of Public Health to the State Building Code Commissioner.
Communication of City Manager to Speaker of the House Christopher Rants regarding
the gaming tax issue.
Communication of City Manager to Senator Charles E. Grassley regarding the status of
the Dubuque Post Office Building.
Communication of City Manager to area legislators requesting their opposition to the
Public Strategies Group proposal.
Suggested Disposition: Receive and File
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
3
w
Dubuque County Board of Supervisors
Communication from the Dubuque County Board of Supervisors submitting information
on a potential problem at Jorja's Restaurant.
Suggested Disposition: Receive and File; Refer to City Manager
Housing Code Appeals Board Resignation
Communication from David Harris, Housing and Community Development Department
Manager, advising that Dave Althaus has informed staff he does not intend to reapply
for appointment to the Housing Code Appeals Board.
Suggested Disposition: Receive and File
Dubuque County Conservation Society
Communication from Ranol Weigel, President of the Dubuque County Conservation
Society, regarding the proposed Eagle Point Condominium Development.
Suggested Disposition: Receive and File
Dubuque Golf and Country Club
Communication from the Dubuque Goff and Country Club requesting permission to
display fireworks on July 4, 2003 (rain date of July 6, 2003).
Suggested Disposition: Receive and File; Approve
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
4
Wertzberger Acres No. 2 - Final Plat
City Manager recommending appreva; of the final plat of We~tzberger Acres No. 2
located off of Old Military Road in Dubuque County.
RESOLUTION ~,~ Approving the final plat of Lot A and Lots 1-12
Wertzberger Acres No. 2 in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Emberwood Estates - Final Plat
City Manager recommending approval of the final plat of Emberwood Estates located off
of Gardener's Lane in Dubuque County.
RESOLUTION ~/~'~ ~O.~ Approving the final plat of Emberwood Estates in
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
10.
Port of Dubuque - Parking Lot Landscape Guidelines and Recommended Plant
Lists
City Manager recommending approval of the Parking Lot Landscaping Guidelines and
Recommended Plant Lists for the Port of Dubuque.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Cline
Connors
Duggan
~ Markham
Michalski
Nicholson
Buol
/
5
11.
Demolition Permit- Dubuque Hardwoods
Communication from the Historic Preservation Commission recommending approval of
a request to demolish metal buildings located at 205 East 6th Street, Port of Dubuque
(Dubuque Hardwoods).
Suggested Disposition: Receive and File; Concur
12.
Dubuque County Board of Health Contract for Lead Paint Program
City Manager recommending approval of an interagency agreement between the City
and the Dubuque County Board of Health for administration of a lead paint program
training grant.
Suggested Disposition: Receive and File; Approve
t3.
Iowa Department of Transportation Pre-Construction Agreement
City Manager recommending approval of a pre-construction agreement addendum
between the City of Dubuque and the Iowa Department of Transportation to provide
fiber optic conduit installation.
RESOLUTION ~ ~3 Approving an addendum to the Pre-Construction
Agreement between the City of Dubuque and the Iowa Department of Transportation for
fiber optics conduit improvements to US 20
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
6
14.
Notice of Finding of No Significant Impact and Release of Funds for Community
Development Block Grant Programs
City Manager recommending approval of publication of a combined notice of no
significant impact on the environment and notice of intent to request release of funds for
Community Development Block Grant Programs.
RESOLUTION ~' ~::~._~ Authorizing publication of a combined notice of finding of
no significant impact on the environment and notice of intent to request release of funds
for certain Community Development Block Grant projects for Fiscal Year 2004 (Program
Year 2003)
Suggested Disposition: Receive and File; Adopt Resolution
15.
Fiscal Year 2004/2005 Certification of Overall Benefit
City Manager recommending approval of a proposed change in the certification pedod
for overall benefit of Community Development Block Grant (CDBG) funds as per the
Consolidated Plan.
RESOLUTION ~;;;~>~--~ Amending the Consolidated Plan for 2001 - 2006 to
extend the overall benefit for the aggregate use of Community Development Block
Grant (CDBG) funds for Fiscal Year 2004 and Fiscal Year 2005 Annual Plans (Program
Years 2003 and 2004)
Suggested Disposition: Receive and File; Adopt Resolution
Parking Ticket Software
City Manager recommending approval of the selection of EDC-AIMS Corporation to
provide parking ticket software.
RESOLUTION ./~ ' ~5 Accepting a contract for the Parking Division
Enforcement Software Project
Suggested Disposition: Receive and File; Approve
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
7
17.
Miller-Riverview Park Management Agreement
City Manager recommending approval of the management agreement for Miller-
Riverview Park with Pat Felderman.
Suggested Disposition: Receive and File; Approve
18.
Firefighters' Grant Program
City Manager recommending approval to submit a grant application in the amount of
$208,000 to the Federal Assistance for Fireflghters Grant Program for replacing the Fire
Department's self-contained breathing apparatus.
Suggested Disposition: Receive and File; Approve
19.
Old Mill Road - Acceptance of Deeds
City Solicitor Bill Blum recommending acceptance of three deeds from property owners
in the flood plain area on Old Mill Road.
RESOLUTION J~./~ ~:~_.~ Accepting the deed to certain real estate in the City of
Dubuque, Iowa from Wayne L. Laufenberg Sr. Trust
RESOLUTION .2/~:~,~-~.~ Accepting the deed to certain real estate in the City of
Dubuque, Iowa from Michael J. McDermott and Barbara J. McDermott
RESOLUTION//~'~.~ Accepting the deed to certain real estate in the City of
Dubuque, Iowa from Robert and Valora Timmons
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
8
20.
Release of Escrow Agreement- Downtown Rehab Loan for Cooper Building
City Manager recommending approval of the release of escrow funds required as part of
the financing for Cooper Development Company LLC's renovation of the former Cooper
Wagon Works building at 2SS Main Street.
Suggested Disposition: Receive and File; Approve
21.
United States Department of Transportation
Notice from the United States Department of Transportation - Office of the Secretary
advising of the decision to allow Mesaba Aviation, Inc., d/b/a Northwest Airiink, to
suspend service at Dubuque as of May 13, 2003.
Suggested Disposition: Receive and File
22.
Helping Services for Northeast Iowa - Drug and Violence Prevention Grant
City Manager recommending that the Dubuque Police Department partner with Helping
Services of Northeast Iowa in their application for a Drug and Violence Prevention Grant
from the Iowa Department of Public Health.
Suggested Disposition: Receive and File; Approve
23.
Federal Environmental Protection Agency State and Tribal Grant Program
City Manager advising that an application for a $4 million funding request to assist with
expansion of the 32na Street Detention Basin ahs been prepared and submitted to the
Federal Environmental Protection Agency State and Tribal Grant Program.
Suggested Disposition: Receive and File
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
24.
Housing Commission
Communication from Tom Swift submitting his resignation from the Housing
Commission.
Suggested Disposition: Receive and File
25.
Eagle Window and Door
City Manager recommending the issuance of a Certificate of Completion and Estoppel
Certificate for Otto A, LLC, developer of the Eagle Window and Door property.
Suggested Disposition: Receive and File; Approve
26.
Business License Refund
Request of Liquor Depot of Dubuque for a refund of their cigarette license in the amount
of $25.00.
Suggested Disposition: Receive and File; Approve
27.
Business Licenses
RESOLUTION ~"~-~' ~:~ Granting the issuance of a Class "B~ (Special 5-Day
Event) Beer Permit to Dubu~lueFest; and a Class "C" Beer Permit to 16t'Street
Auto/Truck Plaza and Plaza 20 Amoco
RESOLUTION J~:~-~-"~ ~:~.~ Granting the issuance of a Class "C" Beer/Liquor
License to Loras College, Noonan's Tap, Olive Garden, Marco's, Whiskey River, Bunker
Hill Golf, Neighbor's Tap, and Copper Kettle; and Class 'B" Wine to Carroll's Wine
Company
Suggested Disposition: Adopt Resolutions
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
10
ITEMS TO BE SET FOR PUBLIC HEARING
2.
3.
4.
5.
Voluntary Annexation - Wayne Stewart -
Grants of Easement- Alliant Energy - April 21, 2003
Locust Street Connector Reconstruction - Initiate - May 5, 2003
Bonson Road Water Main Extension - Initiate - May 5, 2003
Iowa Street Ramp Skywalk Improvement Project- Initiate - May 19, 2003
~e/~ Nays
~'/ (/~, Cline
~/// /~'~//) Connora
// ~ Duggan
~ Ma~ham
- ~ Michalski
/ ' Nicholson
~ Buol
Voluntary Annexation - Wayne Stewart
City Manager recommending that a public headng be set for April 21, 2003 to consider
a request from Wayne Stewart for voluntary annexation of property concurrent with
rezoning for twenty acres of land south of Old Highway Road and west of Seippel Road.
Suggested Disposition: Receive and File; Public Hearing 4/21103
Ayes Nays
Cline
Connora
Duggan
Markham
Michalski
Nicholson
Buol
m
Grants of Easement - Alliant Energy
City Manager recommending that a public headng be set for April 21, 2003 to consider
a request from Alliant Energy to install underground electrical telecommunication lines
on City-owned property, known as Lot 1 Heartland Place (lot located between 16th
Street and Kerper Court behind the old Smithfield property) and Lot 1-2-1 Byrnes
Subdivision which is the lot upon which Usha Park is located.
11
RESOLUTION /~;~ '~ Intent to dispose of interest in real property by
easements to Alliant Energy (Interstate Power and Light Company)
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/21103
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
12
=
Locust Street Connector Reconstruction - Initiate
City Manager recommending initiation of the public bidding process for the Locust
Street Connector Reconstruction Project and that a public hearing be set for May 5,
2003.
RESOLUTION /~"~ ~ '
RESOLUTION
RESOLUTION
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
515103
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Bonson Road Water Main Extension - Initiate
City Manager recommending initiation of the public bidding process for the Bonson
Road Water Main Extension Project and that a public hearing be set for May 5, 2003.
RESOLUTION /'/z:::2 - O~.~ Preliminary approval of plans and specifications
RESOLUTION //// ~ g:2_~ Setting date of hearing on plans and specifications
RESOLUTION J/~ ~ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
515103
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
13
Iowa Street Ramp Skywalk Improvement Project - Initiate
City Manager recommending initiation of the public bidding process for the Iowa Street
Ramp Skywalk Improvement Project and that a public headng be set for May 19, 2003.
RESOLUTION /"~/~_~: ~/~ Preliminary approval of plans and specifications
RESOLUTION ,/~/l~/~'~.~ Setting date of hearing on plans and specifications
RESOLUTION ,//'~//~/~ Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
5/'19103
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
14
BOARDSICOMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Mechanical Code Board {Two 3-Year Terms to Expire 31'16106 - Terms of Geisler and
Willenborg)
Applicants: Todd Geisler and Harlan J. Willenborg
15
ACTION ITEMS
Convention and Visitors Bureau
Sue Czeshinski, Convention and Visitors Bureau, to give verbal quarterly report.
Suggested Disposition: Receive and File ~/~,~ 0
~'AY~ (~s ClineNays
Connors
Duggan
Markham
Michalski
~ Nicholson
Buol
Penalties for Tobacco Permit Holders
Police Chief recommending the assessment of civil penalties against two
permit holders.
Suggested Disposition: Receive and File; Assess Penalties
Ayes Nays
/~ Cline
Connors
~ /~ Duggan
· [i~/Markham
J ~Michalski
./~/-//~/"icholson
J ~ Buol
16
Service Member Support Agenda
Communication from Senator Steve Warnstadt requesting City Council support of the
Service Member Support Agenda.
Communication from Emily Whitehead, Iowa Senate Democratic Research Staff,
requesting City Council support of the "Service Member Support Agenda."
Suggested Disposition: Receive and File; Council
yes Nays
Cline
Connors
Duggan
.-~ Markham
~ Michalski
//~)Nicholson
L~/ Buol
17
=
Brownfield Economic Development Initiative
Communication from the Community Development Advisory Commission regarding the
Brownfield Economic Development Initiative (BEDI).
Suggested Disposition: Receive and File; Council Direction
l~ ClineNays
Connors
Duggan
Markham
Nicholson
Buol
18
=
Arbor Glen ApaH~ents First Addition - Final Plat
City Manager recommending approval of the final plat of Arbor Glen Apartments First
Addition and acceptance of the dedication of the extension of Raven Oaks Drive.
RESOLUTION /'~f~'% '~' Approving the final plat of Arbor Glen Apartments First
Addition in the City'of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Nays
Cline
Connors
Duggan
Markham
/~iMichalski
[,~/Nicholson
~Buol
19
Riverwaik, Amphitheater and Rivers Edge Plaza Usage Policies
City Manager recommending approval of Usage Policies for the Riverwalk,
Amphitheater and Rivers Edge Plaza.
ORDINANCE .~' ~_'~ Amending the City of Dubuque Code of Ordinances
Chapter 34 Parks and Recreation by amending Sec. 34-52(A) Intoxicating beverages
prohibiting the consumption or use of alcoholic liquors or wine in parks by exempting
therefrom events at Alliant Energy Amphitheater; by amending Sec. 34-52(D)
Prohibiting the consumption or use of bear In parks by changing Sunnyslopes Park to
Teddy Bear Park and by adding thereto Riley Park, Harvest View Park, Ice Harbor Park,
the American Trust River's Edge Plaza, and the Mississippi Riverwalk; by amending
Sec. 34-74(H) establishing park hours by changing Sunnyslopes Park to Teddy Bear
Park and adding thereto Riley Park, Harvest View Park, and Ice Harbor Park; by adding
a new Sec. 34-74(K) providing for parks that are open twenty-fours per day and
including the American Trust River's Edge Plaza, Alliant Energy Amphitheater, and the
Mississippi Riverwalk; by amending Sec. 34-119 changing Municipal Swimming Pool to
Nicholas J. Sutton Swimming Pool; by amending Sec. 34-127 changing Sunnyslopes
Park to Teddy Bear Park; by adding a new Sec. 34-133 designating Riley Park; by
adding a new Sec. 34-134 designating Harvest View Park; by adding a new Sec. 34-
135 designating the American Trust River's Edge Plaza; by adding a new Sec. 34-136
designating the Mississippi Riverwalk; by adding a new Sec. 34-137 designating Ailiant
Energy Amphitheater; by adding a new Sec. 34-138 designating Ice Harbor Park; and
by adding a new Sec. 34-139 designating Welu Park
Suggested Disposition: Receive and File; Approve; Motion B; Motion A
,~es Nays
~/ Cline
// Connors
// Duggan
/~ Markham
//~ ~ Michalski
//~/~/Nicholson
2O
=
Extension of Highway 20 Building Permit Moratorium
City Manager recommending approval of a request from the Iowa Department of
Transportation to extend the building permit moratorium on Highway 20 through May 1,
2004.
ORDINANCE ~J ~.~ Amending Chapter 11 (Buildings and Building
Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.1
of the City of Dubuque Code of Ordinances by establishing a twelve month moratorium
on the issuance of permits for work in the U.S. Highway 20 corridor
Suggested Disposition: Receive and File; Motion B; Motion A
~,~ es Nays
Cline
~/~ Connors
Duggan
/~ Markham
./ /~ ~Michalski
f~JNicholson
21
IA 321Southwest Arterial Building Permit Moratorium
City Manager recommending approval of a request by the Iowa Department of
Transportation to extend the building pen*nit moratorium in the IA 32/Southwest Arte~al
Corridor through May 1, 2004.
ORDINANCE ~.-~ Amending Chapter 11 (Buildings and Building
Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.3
of the City of Dubuque Code of Ordinances by establishing a twelve month moratorium
on the issuance of permits for work in the IA 32/southwest Arterial Corridor
Suggested Disposition: Receive and File; Motion B; Motion A
~/es Nays
_Cline
,~//~ ~ Connors
,/,, Duggan
//~ Markham
~ Michalski
// ~, Nicholson
22
Social Security Coverage for Part-Time Elected Officials
City Manager submitting information from IPERS relative to social security coverage for
part-time e~ected officials.
Suggested Disposition: Receive and File; Council
res Nays
~/ Cline
Connors
~ Ouggan ~/
Markham
/~ ~, Michalski
/'L) Nicholson
10.
Gateway Signs
C~y Manager submitting information on a request from the Dubuque Rotary Club to
initiate a Community Gateway Signage Program and requesting Council direction.
Suggested Disposition: Receive and File; Council Direction
yes Nays
/~Cline
/.~,Connors
(-~/Duggan
/~× Markham
, Michalski
~'./~ Nicholson
/ ~-~/Buol
23
11.
Fiscal Year 2004 Sewer Service Charge
City Manager recommending approval of an amended ordinance establishing basic
sewer rates for residential and commemial users.
ORDINANCE ,~'J'~z~' Repealing Ordinance No. 10-03 amending the Code
of Ordinances of the City ot'-Dubuque, Iowa, Sections 44-83(a)(2) and 44-83 (a)(3)g.
Establishing basic sewer rates for residential and commemial users
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
nline
. L./Duggan
Markham
Michalski
/O ,Nicholson
~/,Buol
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.
24
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2001 Code of Iowa
Motion to go into Closed Session at ~.~¢~'~ ,/~
Motion to adjourn at
~Ayes ClineNays
Connors
~ /~ Duggan
~ /~//Markham
~-~ Michalski
Nicholson
Ayes Nays
Cline
Connors
Duggan
Markham
Michalski
Nicholson
Buol
25