7 7 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, JULY 7, 2003
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN T~HE LIBRARY AUv~7/ORIUM
=~s~~u~, c~.c,. ~.~.s ~, c.,/.~, co..o.s,
K~I~ , ~ALSKI, NICHpLSO"
CITY MANAGER MICHAEL VAN~ILLIGEN; CORPORATION COUNSEL BARRY LIN~AHL
ABSENT:
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 property come before the
City Council.
INVOCATION: Reverend Matthew Harris, Pastor of The Bridge Christian Church
CONSENT ITEMS
e~ Nays
~'~ Markham
'~ Michalski
~, Nicholson
/l~) Buol
j/ '~' Cline
//f Connors
Duggan
Minutes and Reports Submitted
City Council of 6/16 and 6/23; Civic Center Commission of 4/14 and 5/19; Community
Development Advisory Commission of 4~30 and 5/28; Downtown Planning Committee of
the Long Range Planning Commission of 6~9; Historic Preservation Commission of
6/19; Housing Commission of 5/27; Mechanical Board of 6/25; Park and Recreation
Commission of 6/10; Zoning Board of Adjustment of 6~26
Proofs of publication of City Council Proceedings of 6/2 and 6/16, and List of Claims
and Summary of Revenues for month ending May 31, 2003.
Printed Council Proceedings of April, 2003.
Suggested Disposition: Receive and File; Approve as Printed
Notice of Claims/Suits
Mark Friedenberger for vehicle damage; Mike and Jodi Hoskins for vehicle damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel recommending settlement of the claim of Mike and Jodi Hoskins
for vehicle damage and denial of the portion of the claim for lost wages.
Corporation Counsel recommending settlement of the claim of Michael Bartolotta for
towing fees and denial of the portion of the claim for vehicle storage.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
Ayes Nays
Markham
Michalski
Nicholson
Buol
Cline
Connom
Duggan
2
Fiscal Year 2004 Budget Amendment
Communications from citizens regarding the proposed Fiscal Year 2004 budget
amendment.
Suggested Disposition: Receive and File
Requests to Purchase City Property
Communication from M. Kathryne Bauerly requesting to purchase a portion of a City
alley abutting property at 145 South Grandview.
Communication from John E. Knox, The Finley Hospital, requesting to purchase a
portion of a City alley abutting The Finley Hospital property at 1408 Delhi Street.
Request of Bill and Patty Mc'Quire to purchase a portion of a City alley abutting their
property at 750 Montcrest Street.
Suggested Disposition: Receive and File; Refer to City Manager
Supplement No. 58 to the Code of Ordinances
City Manager recommending adoption of Supplement No. 58 to the Code of
Ordinances.
RESOLUTION _~',/~_~ Adopting Supplement No. 58 to the Code of
Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
/~Markham
Michalski
Nicholson
/ Buol
Cline
Connors
Duggan
3
Sm
Midwest Architectural Salvage Warehouse
Communication from the Histodc Preservation Commission to Vance DeLire advising
that the Commission is in full support of the creation of the Midwest Architectural
Salvage Warehouse.
Suggested Disposition: Receive and File
Worker's Compensation Excess Insurance
City Manager recommending approval of the renewal rates submitted by Safety
National for the City's Worker's Compensation Excess Insurance effective July 1, 2003.
Suggested Disposition: Receive and File; Approve
Voluntary Annexation Request
Communication from the City Manager to the Mayor of Asbury requesting that the
Asbury City Council deny the voluntary annexation request of Joel Callahan, Callahan
Construction, Inc.
Suggested DispesJfion: Receive and File
Dubuque Main Street, Ltd.
Communication from Bob Felderman, President of Dubuque Main Street, Ltd., thanking
the Council for their support of the Dubuque Main Street, Ltd, 2020 District Plan.
Suggested Disposition: Receive and File
Ayes Nays
Markham
Michalski
Nicholson
Buol
Cline
Conners
Duggan
4
10.
Flat Iron Park Renovation Project
City Manager recommending acceptance of the Fiat Iron Park Renovation Project as
completed by Fondell Excavating in the fina~ contract amount of $124,505.34
RESOLUTION ~.~"~ /"~ Accepting improvement
RESOLUTION ~/~ ~ ~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolution
11.
State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the George W.
Rogers Company Shot Tower was listed in the National Register of Historic Places
effective May 22, 2003.
Suggested Disposition: Receive and File
12.
West Locust Street Storm Sewer Project
City Manager recommending acceptance of the West Locust Street Storm Sewer
Project as completed by Connolly Construction in the final contract amount of
$183,821.32.
RESOLUTION ~'"~ ~ ~::2~ Accepting improvement
RESOLUTION ~- ~_~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Markham
Michaiski
Nicholson
Buol
Cline
Connors
Duggan
5
13.
Grand River Center- Bid Package #t
City Manager recommending acceptance of the Grand River Center- Bid Package #1
Project as completed Kraemer Brothers, LLC, in the final contract amount of
$1,665,043.68.
RESOLUTION
RESOLUTION
Accepting improvement
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolution
14.
Main Street Buildings' Litigation
Corporation Counsel requesting approval of the terms of the settlement agreement in
the Main Street Buildings' Litigation and directing the Finance Department to issue
payment.
Suggested Disposition: Receive and File; Approve; Finance to Issue Payment
Iowa Department of Transportation - Pro-Design Agreement
City Manager recommending approval of a Pre-Design Agreement between the City of
Dubuque and the Iowa Depar[ment of Transportation for improvements to US 20
relating to the proposed new US 20 Mississippi River Crossing Project.
RESOLUTION ~'~ ~ Approving Pre-Design Agreement between the City of
Dubuque and the Iowa Department of Transportation for the new US 20 Mississippi
River Crossing Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Markham
Michalski
Nicholson
Buol
Cline
Connoro
Duggan
6
16.
Dubuque Hardwoods/Miller Logging/Peavey Grain Redevelopment Project
City Manager recommending approval of a combined notice of finding of no significant
impact on the environment and notice of intent to request release of funds for the
Dubuque Hardwoods/Miller Logging/Peavey Grain Redevelopment Project.
RESOLUTION ,,~,,~,,~t~ 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 Dubuque Hardwoods/Miller Logging/Peavey Grain Redevelopment
Project
Suggested Disposition: Receive and File; Adopt Resolution
t7.
Fiscal Year 2003 Annual Action Plan - Amendment #5
City Manager recommending approval of Amendment #~5 to the City's Community
Development Block Grant (CDBG) Fiscal Year 2003 Annual Action Plan.
RESOLUTION ~,~-~,.~ Approving Amendment #5 to the Fiscal Year 2003
(Program Year 2002) Annual Action Plan for Community Development Block Grant
funds.
Suggested Disposition: Receive and File; Adopt Resolution
'18.
Office of the Governor
Communication from Governor Thomas Vilsack regarding the Iowa Values Fund
legislation and the Republican proposals for tax and regulatory changes.
Suggested Disposition: Receive and File
Ayes Nays
Markham
Michalski
Nicholson
Buol
Cline
Connors
Duggan
7
19.
Iowa League of Cities
Communication from Susan Judkins and Konni Kay Cawiezell, Iowa League of Cities,
requesting that the City Manager participate on the League's Legislative Policy
Committee for the 2004 legislative session.
Suggested Disposition: Receive and File; Approve
20.
Dubuque Area Chamber of Commerce Loan Agreement
City Manager recommending approval of a loan agreement between the City of
Dubuque and the Dubuque Area Chamber of Commerce, as approved during the Fiscal
Year 2004 budget process, to support the marketing efforts of the America's River
project.
RESOLUTION .~~,~ Approving a loan agreement between the City of
Dubuque, Iowa and the Dubuque Area Chamber of Commerce for loan funds for the
start-up marketing effort by the Convention and Visitors Bureau for the America's River
Project
Suggested Disposition: Receive and File; Adopt Resolution
21.
Economic Development Administration - Amendment to Contract
City Manager recommending approval of Project Amendment #1 with the Economic
Development Administration to extend the start date to December 17, 2003 and the end
date to June 17, 2005 for the Adams Company relocation and demolition project.
RESOLUTIO~'~ ~ ~ Authorizing the execution of Project Amendment
No. 1 to a contract with the Economic Development Administration
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Markham
Michalski
Nicholson
Buol
Cline
Connors
Duggan
8
22.
U.S. Department of Housing and Urban Development (HUD)
'City Manager recommending approval of a Community Development Block Grant
(CDBG) Agreement with the U.S. Department of Housing and Urban Development
(HUD) in the amount of $1,481,000 for the program year beginning Juiy 1, 2003 and
ending June 30, 2004.
RESOLUTION ~-~"-~---~ Authorizing execution of a Community
Development Block Grant Agreement with the U.S. Department of Housing and Urban
Development
Suggested Disposition: Receive and File; Adopt Resolution
23.
Stormwater Utility Implementation
City Manager providing an update on the Stormwater Utility Implementation.
Suggested Disposition: Receive and File
24.
Transit Trustee Board
Communication from the Transit Trustee Board recommending changes to the
proposed budget reductions.
Suggested Disposition: Receive and File
25.
Business License Refunds
Request of Sumbal Corp for a refund of their beer permit in the amount of $18.75.
Request of MVL, Inc. for a refund of their beer and liquor combination license for A and
B Tavern in the amount of $633.75.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Markham
Michalski
Nicholson
Buol
Cline
Connora
Duggan
9
26.
Business Licenses
RESOLUTION ~'~' ~:~-_~ Granting the issuance of 33 cigarette renewal
permits
RESOLUTION~.~;;~ -~:~_~ Granting the issuance of a Class "B' Beer Permit (5
Day Special Event) to Dubuque Jaycees (Tents A, B, and C), Northend Neighborhood
Association and Four Mounds Foundation
RESOLUTION ~-~ Granting the issuance of a Class "C" Beer/Liquor
License to Murphs South End, Diamond Jo Casino, Walnut Tap, and Airport Inn; and a
Class "B~ Wine Permit to Ooh La La
Suggested Disposition: Adopt Resolutions
Ayes Nays
Markham
Michalski
Nicholson
Buol
Cline
Connors
Duggan
10
ITEMS TO BE SET FOR PUBLIC HEARING
Sale of Real Property at 252t Stafford Street- July 21, 2003
Cooper Development Loan Subordination Agreement- July 21, 2003
Sale of Real Property at 2521 Stafford Street
City Manager recommending that a public hearing be set for July 21, 2003 to consider
disposing of real property located at 2521 Stafford Street to Kdsty Monahan-Smith.
RESOLUTION ~'~5 of Intention to dispose of City-owned property,
specifically, Lot Two (2) of Lot One (1) and the east one-half (E1/2) of Lot Four (4) of Lot
Two (2) both in Greiger's Subdivision in the City of Dubuque, Dubuque County, Iowa
according to the recorded plat thereof; otherwise known as 2521 Stafford Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7121103
Cooper Development Loan Subordination Agreement
City Manager recommending that a public hearing be set for July 21, 2003 to consider
approval of a Subordination Agreement with Dubuque Bank and Trust Company related
to the City's mortgage interest associated with Cooper Development Company's
Downtown Rehabilitation Loan.
RESOLUTION/~-~f-~ Declaring the intent of the City of Dubuque, Iowa to
subordinate a mortgage interest in certain real estate
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7121103
11
BOARDS/COMMISSIONS
NOTE: No appointment to Historic Preservation Commission
Appointments to the following Boards/Commissions:
Civic Center Commission (Two three-year terms to expire 6/29106 - terms of Dolphin
and Fuller):
Applicants: Gary Dolphin and Cynthia A. Fuller
/es Nays
~.~\Markham
( ~'~)Michalski
~/ ~/Nicholson
// ~Buol
// ~.~Cline
/ /~ Connors
/ Duggan
Historic Preservation Commission~_(~ne unexp,re~ear terp~'~i~Main I~strict
thro~g~ 711105;~h~ree-ye~istrict~lJ~-_~h ?11/06; Oo~ t~:lYee-year
Applicant. David C. Stua -Large)
Long Range Planning Advisory Commission (Two three-years terms through 711106 -
terms of Neumeister and Stein):
Applicants: Dr. Mary Lynn Neumeister and Rick Stein
/ Nays
Markham
//~l/lichalski
~ Nicholson
gg
Park and Recreation Advisory Commission (One three-year term through 6~30~06 - term
of Duggan):
ApPlicant: Chuck Duggan
Nays
Markham
Michalski
icholson
uol
iine
u°nn:nm
gg
12
ACTION ITEMS
Asbury Plaza Detention Facility
Communication of Wemer Helimer, representing Joseph and Judy Riniker, requesting
to address the Council regarding the Asbury Plaza Detention Facility.
City Manager responding to the communication from Werner Hellmer regarding the
Asbury Plaza Detention Facility.
Suggested Disposition: Receive and File; Council
res Nays
A~ × Markham
~. Michalski
~ ~Nicholson
~2~Buol
~//Cline
/ / Connors
/ Duggan
13
=
Acquisition-Relocation Assistance Program for Bee Branch Basin Stormwater
Mitigation Activities
City Manager recommending approval of policies and procedures for administration of
an assistance program to households to be displaced due to stormwater mitigation
activities related to the Bee Branch Basin, and beginning'acquisition for the 32nd Street
Detention Basin.
Suggested Disposition: Receive and File; Approve
Nays
Markham
~,/_ Michalski
/~ Nicholson
./ . Connors
Duggan
m
Low-Income Subsidy for Stormwater Utility
City Manager recommending approval of the Iow-income subsidy criteria for the
Stormwater Utility that is used by Utility Billing for refuse subsidies.
Suggested Disposition: Receive and File; Approve
Nays
Markham
Michaiski
Nicholson
Buol
~)Cline
Connom
Duggan
Affordable Housing Task Force Report Update ~' 0~
City Manager recommending revisions for implementation of the Affordable Housing
Task Force 2001 report.
Suggested Disposition: Receive and File; Council
Aye~ Nays
./// ~/Markham
//~ Michaiski
/× /-~ Nichoison
/, //'/)Buol
/ -L/'Ciine
/· Connors
Duggan
15
RISE Grant for Highway 32 (Southwest Arterial)
City Manager recommending approval of the application for a Revitalize Iowa's Sound
Economy (RISE) grant from the Iowa Department of Transportation for the construction
of Iowa Highway 32 (Southwest Arterial).
RESOLUTION
Department of Transportation
Authorizing the filing of an application to the Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Nays
Markham
Michalski
Nicholson
Buol
Cline
/~)Con.o~
Duggan
16
Health Services Department Weed Procedures
City Manager submitting two options for revisions to the City's weed procedures and
requesting City Council direction.
ORDINANCE ~'~ -~ ~ Amending Chapter 42 Vegetation of the City of
Dubuque Code of Ordinances by repealing Section 45-52 Notice to Property Owner to
Remove; by amending Section 45-53 Compliance with Removal Notice Required; by
amending Section 45-54 Collection of Cost of Removal by City; and by repealing
Section 45-55 Failure to Comply with Weed Removal Notice After Service of Second
Notice
ORDINANCE Amending Chapter 45 Vegetation of the City of
Dubuque Code o nances by amending Section 45-52 Notice to Owner to Remove;
by amending Section 45-54 Collection of Cost of Removal by City and by repealing
Section 45-55 Failure to Comply with Weed Removal Notice After Service of Second
Notice
and File; Council; Motion B; Motion A
Nays
Markham
Michalski
Nicholson
Cline~-
Connom
Duggan
17
City Manager recommending approval of design parameters contained in Option #3 as
developed by Veenstra and Kimm for the Carter Road Detention Basin.
Suggested Disposition; Receive and File; Approve
~&ye.~ Nays
'//Markham
~' Michalski
~/_~ /~ Nicholson
Buol
Cline
Conno~
Duggan
18
Sidewalk Caf6 Ordinance
City Manager recommending approval of criteria for the placement of sidewalk cafes on
public right-of-way.
ORDINANCE /~:~3 Amending Chapter 41 Streets, Sidewalks and Other
Public Places of the City of Dubuque Code of Ordinances by adding thereto a new
Division 6 Sidewalk Cafes
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Markham
/_/~ Michalski
L;/Nicholson
Buol
Cline
/× Cennor
/ '-' Duggan
=
Long Range Planning Advisory Commission
Appointment of Council representative and alternate to the Long Range Planning
Advisory Commission (currently Council Member Buol and Mayor Duggan as alternate)
for term from July 1, 2003 through June 30, 2004.
Suggested Disposition: Receive and File; Council Appointment
Nays
arkham
ichalski
Nicholson
Buol
Cline
Connom
Duggan
19
t0.
11.
Safety of the Public
City Manager providing information related to citizen safety issues.
Suggested Disposition: Receive and File
Nays
Markham
(~Michalski
Nicholson
OBuol
Cline
Connors
Duggan
Fiscal Year 2004 Budget Amendment ~
City Manager submitting modifications to the Fiscal Year 2004 Budget Amendment
recommendations for the July 9, 2003 public hearing.
Suggested Dispesi§on: Receive and File
Nays
Markham
Michalski
Nicholson
Bu.o
· i ii:n
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern 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.
Jeanne F. Schneider
July 3, 2003
20