Loading...
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