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Minutes City Council 6 16 03CITY OF DUBUQUE, IOWA GOVERNING BOARD OF THE MUNICIPAL HOUSING AGENCY OFFICIAL PROCEEDINGS Governing Board of the Municipal Housing Agency, June 16, 2003 Board met at 6:15 P.M. in the Public Library Auditorium Present: Chairperson Duggan, Members Buol, Connors, Markham, Michalski, Nicholson, Plein Chairperson Duggan read the call and stated this is a session of the Governing Board of the Municipal Housing Agency called for the purpose of approving a Mainstream Program Voucher Application for Section 8 Housing Assistance. Michalski moved adoption of Resolution No. 194-03 Approving an application for Section 8 Mainstream Program Housing Vouchers. Seconded by Connors. Motion carried 7-0. There being no further business, upon motion meeting adjourned at 6:20 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/26 # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, June 16, 2003 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent at Roll Call: Council Member Cline who joined the meeting electronically at 6:50 P.M. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Dianne Grace, Pastor of Immanuel Congregational Church of Christ. Proclamations: Homeownership Month (June, 2003) received by Jerry Mulert; St. Mark Community Center’s Appreciation Day to the Community, received by Karol-Jean Manikkam; and Apples for Students Months (June and July, 2003), received by Karol-Jean Manikkam. CONSENT ITEMS 1 Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/6 and 6/3; City Council of 6/2; Historic 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, upon motion received and filed. Proof of publication of City Council proceedings of May 19, 2003, upon motion received and filed. Printed Council Proceedings for February and March, 2003, upon motion received and filed and approved as printed. Finance Director submitting the financial reports for the month ending May 31, 2003, upon motion received and filed. Notice of Claims/Suits: Michael Bartolotta for towing expense; Linda Boothby for property damage; Gregg Liddle for vehicle damage; Chessica Sanchez for vehicle damage, upon motion referred to the Legal Staff for investigation and 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, upon motion received and filed and concurred. Corporation Counsel recommending denial of the claim of Susan Breitbach for vehicle damage and referring her to the Iowa Department of Transportation and denial of the claim of Chessica Sanchez for vehicle damage and referring her to J & E Excavating, upon motion received and filed and concurred. Citizen Communications: Communications from citizens regarding the City of Dubuque budget and possible reductions and communication from Susan and Patrick Meehan thanking Council for the opportunity to share their concerns about the QHQ rezoning, upon motion received and filed. Community Development Advisory Commission: Communication from the Community Development Advisory Commission regarding the potential impact of Fiscal Year 2004 budget reductions to the City’s community development program, upon motion received and filed. Office of the Governor: Communication from Governor Thomas J. Vilsack, dated May 22, 2003, regarding the Reinventing Government Bill, upon motion received and filed. Communication from Governor Thomas J. Vilsack, dated June 9, 2003, regarding the Reinventing Government Bill, upon motion received and filed. 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, upon motion received and filed. Iowa Department of Economic Development – Barnstead International: Communication from the Iowa Department of Economic Development advising that the City’s Community Economic Betterment Account (CEBA) application for Barnstead International has been approved, upon motion received and filed. City Manager recommending execution of a Community Economic Betterment Loan Agreement (CEBA) of $60,000 to support Barnstead International’s expansion project in Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 195- 03 Authorizing the execution of a Community Economic Betterment Account Loan Agreement for 2 Sixty Thousand Dollars ($60,000) with Barnstead International. Seconded by Markham. Motion carried 6-0. 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, upon motion received and filed. Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising that control of certain primary roadways will be transferred to local jurisdictions effective July 1, 2003, upon motion received and filed. 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, upon motion received and filed. Buol moved adoption of Resolution No. 196-03 Approving final plat of Stone Quarry Subdivision in the County of Dubuque, Iowa. Seconded by Markham. Motion carried 6-0. 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, upon motion received and filed. 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 architectural/historic survey, upon motion received and filed. Buol moved adoption of Resolution No. 197-03 Approving a contract for Phase IV National Register Nomination and Amendment Project. Seconded by Markham. Motion carried 6-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 198-03 Approving the Plat of Survey of Lot 1 and Lot 2 of 319 of Ham’s Addition. Seconded by Markham. Motion carried 6-0. Legislative Correspondence: Communication from Congressman Jim Nussle regarding state aid provisions included in the Jobs and Growth Tax Act, upon motion received and filed. 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, upon motion received and filed. Buol moved adoption of Resolution No. 199-03 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. Seconded by Markham. Motion carried 6-0. Economic Development Initiative Special Project Grant Application: City Manager recommending approval 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, upon motion received and filed. Buol moved adoption of Resolution No. 200-03 Authorizing the filing of an application to the Department of Housing and Urban Development. Seconded by Markham. Motion carried 6-0. 3 Liquor License Transfer: Request of the Dubuque County Historical Society to transfer their liquor license from the Ryan House to their parking lot at 350 East Third Street for the Taste of Dubuque event to be held on August 6, 2003, upon motion received and filed and approved request. QHQ Rezoning: City Manager submitting information regarding the QHQ rezoning issue, upon motion received and filed. Project Concern: Communication from Al Urbain and Steve Jacobs of Project Concern regarding the serious budget problems facing the City of Dubuque, upon motion received and filed. Visiting Nurse Association: Communication from Nan Colin, VNA Director, thanking the City Council for awarding the Visiting Nurse Association a Community Partnership Grant to provide dental health screening and service to low-income elderly in Dubuque, upon motion received and filed. 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 request from Joel Callahan, Callahan Construction, Inc., upon motion received and filed. 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. upon motion received and filed. 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, upon motion received and filed and approved recommendation. Joint Labor Management Health Care Committee Agreement: City Manager recommending approval of an amendment to the Joint Labor Management Health Care Committee Agreement which will be in effect until June 30, 2005. upon motion received and filed and approved recommendation. Business Licenses: Buol moved adoption of Resolution No. 201-03 Granting the issuance of forty-eight cigarette license renewals; Resolution No. 202-03 Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food and Cedar Cross Amoco; and Resolution No. 203-03 Granting the issuance of Class “C” Beer/Liquor License to Creslanes Bowling, Fischer Lanes, Jym’s Bar, American Legion #6, Paul’s Tavern, Knicker’s Saloon, Toreros, Jumpers Sport Bar and Applebee’s Grill/Bar. Seconded by Markham. Motion carried 6-0. 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 for a change order on the US Highway 20 Interim Traffic Signal Improvements Project for the installation of a four inch interduct for future City fiber optics use, upon motion received and filed and approved recommendation. BOARDS/COMMISSIONS 4 Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Civic Center Commission (Two three-year terms to expire 6/29/06 – terms of Dolphin and Fuller): Applicants: Gary Dolphin and Cynthia A. Fuller. Ms. Fuller spoke requesting consideration for reappointment. Historic Preservation Commission (One unexpired three-year term for Old Main District through 7/1/05; One three-year term for Cathedral District through 7/1/06; One three-year term for At- Large through 7/1/06 – term of Gibbs): Applicant: David C. Stuart (At-Large). Mr. Stuart spoke requesting consideration for appointment. Long Range Planning Advisory Commission (Two three-years terms through 7/1/06 – terms of Neumeister and Stein): Applicants: Dr. Mary Lynn Neumeister and Rick Stein. No one spoke. Park and Recreation Advisory Commission (One three-year term through 6/30/06 – term of Duggan): Applicant:Chuck Duggan. No one spoke. Appointments to the following Boards/Commissions: Community Development Advisory Commission (One at-large and one low/moderate income vacancy to expire 2/15/04 and two low/moderate income vacancies to expire 2/15/05). Applicants: Gina Bell (At-Large), Sr. Paula Maloy, SVM (At-Large), David Shaw (Low/Moderate Income). Upon vote, Sr. Paula Maloy, SVM appointed to an At-Large term which will expire 2/15/04 and David Shaw appointed to the Low/Moderate Income Area term which will expire 2/15/05. Historic Preservation Commission (One unexpired three-year term for Old Main District to expire 7/1/03, one three-year term for Cathedral District to expire 7/1/06, and one three-year term for At- Large to expire 7/1/06 – term of Gibbs). Applicants: Michael Coty (Cathedral District), James E. Gibbs (At-Large), Christine Olson (At-Large) and David C. Stuart (At-Large). Upon vote Michael Coty appointed to the Cathedral District and Christine Olson appointed for the At-Large position with both terms to expire 7/1/06. Investment Oversight Advisory Commission (Two three-year terms to expire 7/1/06 – terms of Lassance and Melendez): Applicants:Paul Lassance and Hiram Melendez. Upon motion Paul Lassance and Hiram Melendez were reappointed to terms to expire 7/1/06. Library Board of Trustees – Mayor Appointment (Two four-year terms to expire 7/1/07 – terms of Lindsay and Lynch). Applicants: Alan Avery and Susan Lindsay. Mayor Duggan appointed Alan Avery and Susan Lindsay to the Library Board of Trustees for terms to expire 7/1/07. Michalski moved to approve the Mayor’s appointments. Seconded by Nicholson. Motion carried 6-0. Zoning Advisory Commission (Two three-year terms to expire 7/1/06 – terms of Hardie and Roush) Applicants: Stephen Hardie and Ben Roush. Upon motion Stephen Hardie and Ben Roush were reappointed to three year terms to expire 7/1/06. PUBLIC HEARINGS Council Member Cline joined the meeting electronically – via telephone at 6:50 P.M. Upon motion the rules were suspended to allow anyone present to speak. Carey Graybill/Steelegray, Inc.: Proof of publication on notice of hearing to consider rezoning property located at 2915 John F. Kennedy Road from AG Agricultural District to R-1 Single-Family Residential District at the request of Carey Graybill/Steelegray, Inc. and Zoning Advisory Commission recommending approval, upon motion received and filed. 5 Carey Graybill spoke requesting approval of the rezoning. Ordinance 43-03 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, 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 Markham. Motion carried 7-0. 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, upon motion received and filed. Markham moved adoption of Resolution No. 204-03 Disposing of interest in Lot 2 of 319 of Ham’s Addition, Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. 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, upon motion received and filed. Ordinance No. 44-03 Extending the term of the existing cable franchise agreement and hub site lease of MCCIowa, L.L.C. to December, 2003, 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 Markham. Motion carried 7-0. Easements – Riprow Valley: Proof of publication on notice of hearing to consider granting two easements on City-owned land at the Riprow Valley Trailhead and City Manager recommending approval, upon motion received and filed. Sr. Diane Forrester, Regina Thibeau of 530 Sunset Ridge, and Darryl Mills of the Iowa Heritage Foundation, all spoke in favor of the granting of the easements. Markham moved adoption of Resolution No. 205-03 D isposing 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. Seconded by Michalski. Motion carried 6-0 (no response from Cline). 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, upon motion received and filed. Buol moved adoption of Resolution No. 206-03 Adopting plans and specifications for the project and Resolution No. 207-03 Awarding contract to Drew Cook & Sons Excavating, Inc. Seconded by Connors. Motion carried 7-0. 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, and 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 rejecting all bids for the Recognition Wall Project, upon motion received and filed. Markham moved adoption of Resolution No. 208-03 Adopting 6 plans and specifications for the Port of Dubuque Landscaping Project and Resolution No. 209-03 Awarding contract to Portzen Construction, Inc. for the Port of Dubuque Landscaping Project. Seconded by Michalski. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, to provide a verbal update on the activities of GDDC. Upon motion the report was received and filed. 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 Terry Duggan, City Manager Mike Van Milligen and Economic Development Director Bill Baum will continue to serve as provided by GDDC’s by-laws, upon motion received and filed the communication and reaffirmed the same appointments. Dubuque Main Street, Ltd.: Communication from Bob Felderman, President of the Dubuque Main Street, Ltd. Board of Directors, requesting Council approval of their new 2020 District Plan, upon motion received and filed. Bob Felderman spoke in support and explained the expansion. Buol moved adoption of Resolution No. 210-03 Approving the 2020 District Plan of Dubuque Main Street, Ltd. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Ordinance No. 45-03Amending 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, 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 Markham. Motion carried 7-0. Deer Management Program: City Manager recommending that the City’s Urban Deer Management Plan be continued for the 2003-2004 hunting season, upon motion received and filed. Environmental Stewardship Advisory Commission recommending that the City’s Urban Deer Management Plan be continued for the 2003 season and further recommending consideration of development of an ordinance prohibiting feeding of deer in the City, upon motion received and filed and directed Staff to do some research and bring back a report on the possibility of an Ordinance. Weed Control Policy and Procedures: City Manager submitting information regarding the Health Services Department weed procedures and enforcement, upon motion received and filed and referred to Staff to develop a shorter process of enforcement. 7 Request to Address the Council: Request of Jonas Bandy, Vice President of the Dubuque Professional Firefighters’ Association Local 353, to address the Council regarding the Fiscal Year 2004 budget, upon motion received and filed. 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 the Fiscal Year 2004, upon motion received and filed. Buol moved adoption of Resolution No. 211-03 Setting a public hearing for July 9, 2003 for the Fiscal Year 2004 First Amendment at 6:00 P.M. in the Five Flags Theater and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 6-0 with no response from Cline. At 8:50 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation – Chapter 21.5(1)(c) 2003 Code of Iowa. At 9:11 P.M. Council reconvened Regular Session stating that proper direction had been given. There being no further business, upon motion meeting adjourned at 9:12 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/26 8