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6 16 03 Skeleton SheetABSENT: Mayor Duggan read the cell and stated this is a session of the Governing Board of the Municipal Housing Agency celled for the purpose of approvoing a Mainstream Program Voucher Application for Section 8 Housing Assistance. Mainstream Housing Voucher Application City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development (HUD) for Section 8 Mainstream Program housing vouchers. RESOLUTION J~/- ~2--/~ Approving an applicetion for Section 8 Mainstream Program Housing Vouchers Suggested Disposition: Receive and File; Adopt Resolution Ay/es Nays ~/ Duggan ~ . ~ Markham / / /~).M.!chalski ? / ~' N,cholson Buol · .. Cline ~ /~'~ Conno~ CITY COUNCIL REGULAR SESSION, JUNE 16, 2003 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY A~TORIUM · / .... coNI~ORS PRESENT~MAYOR~UG~3AN, C~JNCIL MEMBERI~BUOL, CrlNE, , MA.K~, M~C.~'SKI..,C.~LSO. ciTY MANAGE. MIC.AE~AN MILLIGEN; CO.POR~T,ON COUNS~A""Y LINOA"L 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: Pastor Dianne Grace, Immanuel Congregational United Church of Christ PROCLAMATIONS C~s AppmCiaaon Day to the CommuniW~~ ~ S~ Ma~ Communi~ Appl~ for S~den~ Mon~ 2 CONSENTITEMS Nays ggan arkham Michalski. ~ r~-~Nmholson (///Buol Minutes and Reports Submitted Cable TV Teleprogramming commission of 5/6 and 6/3; City COuncil of 6/2; Histodc Preservation Commission of 5/15; Human Rights Commission of 5/12; Long Range Planning Advisory Commission of 5/21; Mechanical Board of 6/4; Zoning Advisory Commission of 6~4; Zoning Board of Adjustment of 5~22 Proof of publication of City Council proceedings of May 19, 2003 Printed Council Proceedings for February and March, 2003 Finance Director submitting the financial reports for the month ending May 31, 2003. Suggested Disposition: Recewe and File; Approve as Printed 3 = Notice of Claims/Suits Michael Bartolotta for towing expense; Linda Boothby for property damage; Gregg Liddle for vehicle damage; Chessica Sanchez for vehicle 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: Linda Boothby Corporation Counsel recommending denial of the claim of Susan Breitbach for vehicle damage and referring her to the claim of Chessica Sanchez for w Suggested Disposition: Recei~ Citizen Communications Communications from citizens re! reductions. ~wa Department of Transportation and denial of the hicle damage and referring her to J & E Excavating· "e and File; Concur larding the City of Dubuque budget and possible Communication from Susan and Patdck Meehan thanking Council for the opportunity to share their concems about the QHQ rezoning. Suggested Disposition: ReceiVe and File Community Development AdviSory Commission Communication from the Comm[inity Development Advisory Commission regarding the potential impact of Fiscal Year 2004 budget reductions to the City's community development program. ~ Suggested Disposition: Receive and File Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 4 Office of the Governor Communication from Governor Thomas J. Vilsack, dated May 22, 2003, regarding the Reinventing Government Bill. Communication from Governor Thomas J. Vilsack, dated June 9, 2003, regarding the Reinventing Government Bill. Communication of City Manager to Governor Vilsack requesting that he veto HF 692 and HF 683 which exclude using funds from the recently passed Federal Stimulus Package to provide relief to Iowa cities impacted by SF 453. Suggested Disposition: Receive and File Iowa Department of Economic !Development- Bamstead International Communication from the Iowa Department of Economic Development advising that the City's Community Economic Betterment Account (CEBA) application for Bamstead International has been approved: City Manager recommending execution of a Community Economic Betterment Loan Agreement (CEBA) of $60,000 t(~ support Bamstead International's expansion project in Dubuque. RESOLUTION j~>~--~_~ ! Authorizing the execution of a Community Economic Betterment Account Loan Agreement for Sixty Thousand Dollars ($60,000) with Barnstead International , Suggested Disposition: ReceiVe and File; Adopt Resolution City Development Board Communication from Steven R. McCann, City Development Administrator, advising that the City's voluntary annexation request will be heard by the City Development Board at their July 2003 meeting. Suggested Disposition: Receive and File Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 5 Iowa Department of Transportation Communication from the Iowa Department of Transportation advising that control of certain pdmary roadways will be transferred to local jurisdictions effective July 1, 2003. Suggested Disposition: Receive and File Stone Quarry Subdivision - Final Plat Zoning Advisory Commission recommending approval of the final plat of Stone Quarry Subdivision as requested by Schneider Land Surveying/River City Stone Company. RESOLUTION J~ ~2_~ Approving final plat of Stone Quarry Subdivision in the County of Dubuque, Iowa Suggested Disposition: ReceiVe and File; Adopt Resolution 10. Wynstone Subdivision - Preliminary Plat Zoning Advisory Commission advising that the preliminary plat of Wynstone Subdivision has been approved and is being Submitted to the City Council for information only. Suggested Disposition: ReceiVe and File Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 6 12. 13. Historical/Architectural Survey - Phase IV Consultant Selection City Manager recommending approval of Jim Jacobsen of History Pays! as the consultant to conduct Phase IV of the amhitectural/historic survey. RESOLUTION ~'~,~ ~ ~ Approving a contract for Phase IV National Register Nomination and Amendment Project Suggested Disposition: Receive and File; Adopt Resolution Plat of Survey - Ham's Addition City Manager recommending approval of the Plat of Survey of Lot 1 of 319 and Lot 2 of 319 of Eagle Point or Ham's Addition in the City of Dubuque, Iowa. RESOLUTION / ~ -~ 51 Approving the Plat of Survey of Lot 1 and Lot 2 of 319 of Ham's Addition , Suggested Disposition: Receiye and File; Adopt Resolution Legislative Correspondence Communication from Congressman Jim Nussle regarding state aid provisions included in the Jobs and Growth Tax Act. Suggested Disposition: ReceiVe and File Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 7 14. 15. Iowa Department of Public Health Childhood Lead Poisoning Funding City Manager recommending approval of a contract with the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association for services related to the program. RESOLUTION //~:~'~ AUthorizing the City Manager or his designee to sign a contract with the Iowa Department of Public Health and an Agreement with the Dubuque Visiting Nurse Association Suggested Disposition: ReceiVe, and File; Adopt Resolution Economic Development InitiatiVe Special Project Grant Application City Manager recommending apl~roval of an Economic Development Initiative (EDI) grant application to the U.S. Department of Housing and Urban Development in the amount of $357,660 for cleanup activities in the Port of Dubuque. RESOLUTION ~ ~:~-~ Authorizing the filing of an application to the Department of Housing and urban Development Suggested Disposition: Receive and File; Adopt Resolution 16. Liquor License Transfer Request of the Dubuque County Historical Society to transfer their liquor license from the Ryan House to their parking ~ot at 350 East Third Street for the Taste of Dubuque event to be held on August 6, 2003. Suggested Disposition: Receive and File; Approve Ayes Nays Duggan Markham Michaiski Nicholson Buol Cline Connors 8 17. QHQ Rezoning City Manager submitting information regarding the QHQ rezoning issue. Suggested Disposition: Receive and File 18. Project Concern Communication from Al Urbain and Steve Jacobs of Project Concern regarding the serious budget problems facing the City of Dubuque. Suggested Disposition: Receive and File 19. Visiting Nurse Association Communication from Nan Colin, YNA Director, thanking the City Council for awarding the Visiting Nurse Association a Community Partnership Grant to provide dental health screening and service to Iow-income elderly in Dubuque. Suggested Disposition: Receive and File 20. City of Asbury - Voluntary Annexation Notification from the City of Asbury of a public hearing to be held June 24, 2003, to consider a voluntary annexation !equest from Joel Callahan, Callahan Construction, Inc. Suggested Disposition: ReceiVe and File 21. Supreme Court of the United States Opinion of the Supreme Court of the United States in the matter of Fitzgerald, Treasurer of Iowa v. Racing Association of Central Iowa, et al. Suggested Disposition: Receive and File Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 9 22. Individual and Aggregate Stop Loss Insurance Renewal - Health Plans City Manager recommending approval of the renewal proposal for Fiscal Year 2004 presented by Health Choices for the City's individual and aggregate stop loss insurance. Suggested Disposition: Receive and File; Approve 23. Joint Labor Management Health Care Committee Agreement City Manager recommending approval of an amendment to the Joint Labor Management Health Care Commlttee Agreement which will be in effect until June 30, 2005. ., Suggested Disposition: ReceWe and File; Approve 24. 25. Business Licenses RESOLUTION ~J/~ Granting the issuance of forty-eight cigarette license renewals RESOLUTION ~ ~-~ Granting the issuance of a Class "C" Beer Permit to Kwik Stop Food and Cedar Cross Amoco RESOLUTION _~. · ! Granting the issuance of Class "C" Beer/Liquor License to Creslanes Bowling, FiScher Lanes, Jym's Bar, American Legion #6, Paul's Tavern, Knickers Saloon, Torerds, Jumpers Sport Bar and Applebee's Grill/Bar Suggested Disposition: Adopt Resolutions Extra Work Order - Iowa Department of Transportation US Highway 20 Interim Traffic Signal Improvements Project City Manager recommending approval to enter into an agreement with the Iowa Department of Transportation fo~ a change order on the US Highway 20 Interim Traffic Signal Improvemnts Project for theinstallation of a four-inch interduct for future City fiber optics use. Suggested Disposition: Recei' fe and File; Approve Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 10 BOARDSICOMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Civic Cen~r Commission (Two three-Year terms to expir~ 6129106 - terms of Dolphin and Fuller). . ./~I/~ Applicants: Gary Dolphin and Cynthia A. Fuller - ~y~' Historic Preservation Commission (One unexpired three-year term for Old Main District through 711105; One three-year term for Cathedral District through 711106; One three-year term for ,,A.t-Large through 7/1106 - term of Gibbs):~ Applicant. David C. Stuart (At-~arge) //4~v Long Range Planning Advisory Com ~lssion (Two three-yeare terms through 711106 - terms of Neumeister and Stein): Applicants: Dr. Mary Lynn Neumeistel md Rick Stein Park and Recreation Advisory Comm ~sion (One three-year term through 6130106 - term of Duggan): Applicant: Chuck Duggan Appointments to the following Boards/C )mmissions: Community Development Advisory C ~mmission (One at-large and one Iow/moderate income vacancy to expire 2115104 and two Iow/moderate income vacancies to expire 2115105) ~ Applicants: Gina Bell (At-Large), Sr. aula Maloy, SVM (At-Large), David Shaw (Low/ Moderate Income) Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 11 Historic Preservation Commission (One unexpired three-year term for Old Main District to expire 711103, one three-year term for Cathedral District to expire 711103, and one three-year term for At-Large to expire :711106 - term of Gibbs) Applicants: Michael Coty (Cathedral D!stdct), James i=. Gibbs (At-Large), Christine OIson (At-Large) Dugg~m Markham Mich~),lSki Nicho[son Buol / Cline Connpr~ coty Gibbs Olson ~ Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors Investment Oversight Advisory Commission (Two three-year terms to expire terms of Lassance and Melendez): i Applicants: Paul Lassance and Hiram!Melendez 711106- ~e$ Nays /~Biu Duggan Markham ichalski cholson ol Connors Library Board of Trustees - Mayor APpointment (Two four-year terms to expire 711107 - terms of Lindsay and Lynch) I Applicants: Alan Avery and Susan Lindsay ~y/es Nays Duggan ~,~arkham /Michalski Nicholson Buol j Connors 12 Zoning Advisory Commission (Two three-year terms to expire 711106 - terms of Hardie and Roush) Applicants: Stephen Hardie and Ben Roush ,~yes Nays ,~ Duggan ~ //~) Markham ~' Michalski Nicholson //~uol ~ Connors SUSPEND THE RULES Carey GraybilllSteelegray, Inc. Proof of publication on notice of I' John F. Kennedy Road from AG, District at the request of Carey G es Nays Duggan /~Markham ~?t~/lichalski (~//Nicholson ~ Buol / Conno~ earing to consider rezoning property located at 2915 ~,gdcultural District to R-1 Single-Family Residential aybill/Steelegray, Inc. and Zoning Advisory Commission recommending ap[~. 3val. ORDINANCE ~/~'~_~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located west of 2915 John F. Kennedy Road from AG Agricultural District to R-1 Single- Family Residential District Suggested Disposition: ReceiVe and File; Motion B; Motion A ./Ayes Nays //x ~_ I~uggan // [ ~-~,Markham ~ v Michalski //~ ~Nicholson / ~ ~)Buol /'/.' L~ Cline / Connors 14 Sale of City Property - Ham's Addition Proof of publication on notice of hearing to consider a request from Randall J. Klauer to purchase of Lot 2 of 319 of Ham's Addition, located on the corner of Rhomberg Avenue and Hawthorne Street, and City Manager recommending approval. RESOLUTION/'~/~-~ Disposing of interest in Lot 2 of 319 of Ham's Addition, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution lyes Nays ,~ Duggan [I) Markham t./Michalski Nicholson Buol · _Cline / ~onnors Mediacom Franchise Extension Proof of publication on notice of hearing to consider an additional short-term extension through December 31, 2003 of the existing Mediacom cable franchise and side agreements under the terms currently in effect and City Manager recommending approval. ORDINANCE ~-/'~/~ ~.~ Extending the term of the existing cable franchise agreement and hub site lease of!MCCIowa, L.L.C. to December, 2003 Suggested Disposition: Recei re and File; Motion B; Motion A Ayes Nays /~Duggan ~ /~/~Markham ~ / '-~/-~Michalski · ~JNicholson // ~_uol / / Cline / Connors 15 Easements - Riprow Valley Proof of publication on notice of hearing to consider granting two easements on City- owned land at the Riprow Valley Tmilhead and City Manager recommending approval. RESOLUTION ~'~ -~?~ Disposing of City interest in development rights for Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut Subdivision; and Lot A of Government Lot #1, all in Section 6, T88, R3E, in the City of Dubuque, Iowa for easements for the Riprow Valley Trailhead Project Suggested and File; Adopt Resolution s Nays /- puggan LLMarkham /~l~lichalski [~/Nicholson /', Buol 16 J West Locust Manhole Reconstruction Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the West Locust Manhole Reconstruction Project to Drew Cook & Sons Excavating, Inc. in the amount of $105,280. RESOLUTION Y~' '~:~ Adopting plans and specifications for the project RESOLUTION ~ ~ ' ~:?.~ Awarding contract to Drew Cook & Sons Excavating, Inc. ~ Suggested Disposition: ReceiVe and File; Adopt Resolutions /Y/es Nays Duggan Markham Michaiski Nichoison Buoi ~/ ~'~ Cline ~ ~onnors Port of Dubuque Landscaping and Recognition Wall Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, an J City Manager recommending award of the contract for the Port of Dubuque Landscaping Project to Portzen Construction, Inc., in the amount of $71,400 and rejectinglall bids for the Recognition Wall Project. RESOLUTION ~:~/~ I Adopting plans and specificat ons for the Port of Dubuque Landscaping Project ~ RESOLUTION~Y-~-~ i Awarding contract to Portzen Construction, Inc. for the Port of Dubuque Landscaping Project Suggested Disposition: Recei~'e and File; Adopt Resolutions 17 REINSTATE THE RULES ACTIONITEMS Greater Dubuque Development Corporation Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, to provide a verbal update on the~ activities of GDDC. Suggested Disposition: ReceiVe and File /~:[ ~ Nays Duggan ~iuCohl°.c#~e~ls°n Connors m Board of Directors - Greater DUbuque Development Corporation Communication from Rick DickinSon, Executive Director of the Greater Dubuque Development Corporation, requesting appointment of Council Members to the GDDC Board of Directors (currently CoUncil Member Dan Nicholson and Council Member Pat Cline) and affirming that Mayor ~erry Duggan, City Manager Mike Van Milligen and Economic Development Director: Bill Baum will continue to serve as provided by GDDC's by-laws. ! Suggested Disposition: Recewe and F;le, Council Appointments .yesNays Duggan .~ Markham ,/~ '~ Nmholson ~/ Buol / ~- Cline ~_~::onnors 19 ¸3. Dubuque Main Street, Ltd. Communication from Bob Felderman, President of the Dubuque Main Street, Ltd. of Directors, requesting Council approval of their new 2020 District Plan. /~lggeeted Disposition: File; Council Direction Nays Duggan Markham /3Michalski /~NiCholson ~;/Cline ~ Connors 2O Street Postings for Five-Ton Load Limit- Main Street and Ice Harbor Road City Manager recommending approval of an ordinance prohibiting trucks in excess of a registered five-ton gross weight limit on Main Street from Fifth Street to Ninth Street and Ice Harbor Road. ORDINANCE /----/'~'~ Amending Chapter 32, Motor Vehicles and Traffic, the Code of Ordinances of the City of Dubuque, Iowa, by enacting a new Section 32-163.1 Prohibiting Motor Trucks Registered for a Gross Weight Limit Exceeding Ten Thousand (10,000) Pounds from Traveling on Designated Streets Suggested Disposition: Recei~ ,e and File; Motion B; Motion A Ayes Nays A Duggan [~] Markham × ~ Michalski ~1Nicholson /// uoi '~ Connor~ 21 Deer Management Program City Manager recommending that the City's Urban Deer Management Plan be continued for the 2003-2004 hunting season. Environmental Stewardship AdviSory Commission recommending that the City's Urban .//~/~ Deer Management Plan be contihued for the 2003 season and further recommending consideration of dev.~lopment of an ord'nanco prohib'flng feod'ng o' deer 'n the G~ Ayes Nays ~ ff ~ ~ ~ Ouggan //~ - Markham 22 Weed Control Policy and Procedures City Manager submitting information regarding the Health Services Department weed procedures and enf.o, rcement, i /~ / . Nicholson ~v /~ ~'~ /. #)Buo~ ~ ~ ~/ ~' Cline j Connors 23 Request to Address the Council Request of Jonas Bandy, Vice President of the Dubuque Professional Firefighters' Association I_ocel 353, to address the Councit regarding the Fiscal Year 2004 budget. Suggested Disposition: ReceiVe and File .yes Nays Duggan r\ Markham [~) Michalski ~-~ Nicholson ~ Buol ~ Cline / ):on ore 24 = Budget Amendment City Manager submitting recommendations for the Fiscal Year 2004 budget amendment and recommending that a public hearing be set for Wednesday, July 9, 2003 to consider an amendment to he Fiscal Year 12004. RESOLUTION~-?/J~ ~etting a public hearing for July 9, 2003 for the Fiscal Year 2004 First Amendment ' Suggested Disposition: Recei~'e and 7/9103 / ~/ Duggan . ~-~ Markham ////~?~ichalski / ~ ~Nichoison / Connors COUNCIL MEMBER REPORTS File; Adopt Resolution; Public Hearing PUBLIC INPUT At this time, anyone in the Council Char concern to that person and which are n( microphone and state your name and a( no formal action may be taken at this tin requirements of the Iowa Open Meeting CI Pending Litigation Motion to go into Closed Session at ~bers may address the Council on matters which are of t an agenda item. Please take your place at the Idress clearly. Proceed with your comments; however, ~e on your comments because of the notice Law. DSED SESSION hapter 21.5(1)(c) 2003 Code of Iowa Ay, y~ Nays ~ Duggan Markham Michalski Nicholson ,~ Bu. ol ~///~ ~Chne ,~Connors 25 Motion to adjoum at Ayes Nays Duggan Markham Michalski Nicholson Buol Cline Connors 26