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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