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7 21 03 Skeleton Sheet CITY COUNCIL REGULAR SESSION, JULY 21, 2003 SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIU COUNCIL MET IN REGULAR , · / PRESENT: MAYOR DU'GGAN, COUNCIL 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 properly come before the City Council. INVOCATION: Reverend Kristian Kincaid, Our Redeemer Lutheran Church PROCLAMATIONS: Dubuque County Fair Week , CONSENT ITEMS Ayes Nays ~/ ~ Markham /~t ('1)Michalski J~. ~' Nicholson J/ Buol /× ~-~Cline /~' Duggan Minutes and Reports Submitted City Council of 7/1, 7/7, and 7/9; Civil Service Commission of 4/7; Histodc Preservation Commission of 6/19; Housing Code Appeals Board of 4~29; Human Rights Commission of 6/9 and 6/25; Joint City/County Planning Committee of 6/18; Zoning Advisory Commission of 7/2 Proof of publication of City Council Proceedings of 6/23 and 7/1 Suggested Disposition: Receive and File Notice of Claims/Suits Chris Bamhart for vehicle damage; Jodie L. Bauer for vehicle damage; Candace Fuerst for personal injury; Lisa Imbus for personal injury; Gary Nauman for vehicle damage; Mary Marcotte for vehicle towing fees; Ronald L. Weitz for property damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending denial of the claim of Gregg Liddle for vehicle damage. Corporation Counsel recommending that the claim of Mark Fdedenberger for vehicle damage be referred to Selco, Inc. Suggested Disposition: Receive and File; Concur 2 = Citizen Communications Communication from Sarah Davidson, 125 West 9th, thanking the Council for maintaining Keyline service on Saturdays and for maintaining the fare rates. Communication from Eileen Sisler, 265 Cross Street, regarding the City's budget concerns. Suggested Disposition: Receive and File = East Central Intergovernmental Association Administrative Contract City Manager recommending approval of an administrative contract with East Central Intergovernmental Association for the demolition of the three houses on Old Mill Road, which the C'~ty acquired under the hazard mitigation grant contract. Suggested Disposition: Receive and File; Approve Fireworks Request Request of Dubuque Jaycees, KDTH, KATF and KGRR Radio to conduct a fireworks display on Saturday, July 3, 2004 on Volunteer Road between Hawthorne and Lime and the closure of Hamilton, Kilgore and East Roosevelt Extension. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 3 Vessel Systems, Inc. Community Economic Betterment Account Loan City Manager recommending approval of the Community Economic Betterment Account Loan Agreement of $125,000 by and among the Iowa Department of Economic Development, Vessel Systems, and the City of Dubuque. RESOLUTION ~ - ~ Authorizing the execution of a Community Economic Betterment Account Loan Agreement for One Hundred Twenty-Five Thousand Dollars ($125,000) with Vessel Systems, Inc. Suggested Disposition: Receive and File; Adopt Resolution = Brewery Rehabilitation 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 Brewery Rehabilitation Project. 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 the Brewery Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution = Purchase of Service Agreement - Dubuque Humane Society City Manager recommending approval of a Pumhase of Service Agreement with Dubuque Humane Society in the amount of $30,635. Suggested Disposition: Receive and File; Approve Ayes Nays Markham { Michalski Nicholson Buol Cline ~ Connors Duggan 4 Operations and Maintenance Center Roof Repair Project City Manager recommending acceptance of the Operations and Maintenance Center Roof Repair Project in the final contract amount of $25,165.53 as completed by Prostruct Construction, Inc. RESOLUTION RESOLUTION Accepting improvement Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 10. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Fire Equipment Operator, Fire Lieutenant, Fire Captain and Assistant Fire Chief. Suggested Disposition: Receive and File; Make a Matter of Record City of Sageville Annexations City Manager advising that the City Development Board has denied the City of Sageville annexation applications. Communication to Steve McCann, City Development Board, advising that the City of Dubuque objects to the five annexation applications filed by the City of Sageville and requesting that the City Development Board deny these applications. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 5 12. Bill Miller Logging, Inc. - Minor Final Plat Zoning Advisory Commission recommending approval of the minor final plat of Lot 1, Lot 2 and Lot 3 of Miller Place located at the northwest corner of Highway 61/151 in Dubuque County as requested by Bill and Mary Miller/Bill Miller Logging, Inc. RESOLUTION ~:~-z/O -~2...~ Approving the final plat of Lot 1, Lot 2 and Lot 3 of Miller Place in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 13. Link Acres - Final Plat Zoning Advisory Commission recommending approval of the final plat of Link Acres at the end of Wildlife Ridge in Dubuque County as requested by David and Judith Link. RESOLUTION ~/~'///'~ ~ Approving the final plat of Link Acres in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 14. Rental Dwelling License Fee City Manager recommending approval of rental dwelling license fee increases as approved by the City Council as part of the Fiscal Year 2004 budget amendment. RESOLUTION c~ ~/'~ ~::~-~ Approving an increase in the rental dwelling license fee Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 6 15. Environmental Protection Agency Cleanup Grant Contract City Manager recommending approval of a formal application to the U.S. Environmental Protection Agency (EPA) for a $200,000 Brownfield Cleanup Grant for petroleum contamination cleanup in the Port of Dubuque. Communication from the United States Environmental Protection Agency (EPA) advising that the City has been selected as one of the entities with whom EPA will pursue negotiations to award a cooperative agreement for a cleanup grant in the Port of Dubuque area. RESOLUTION ~'~/',..~ ~:?-,~ AuthOrizing the tiling of a formal application for a $200,000 Browntield Cleanup Grant with the U.S. Environmental Protection Agency for cleanup activities in the Port of Dubuque. Suggested Disposition: Receive and File; Adopt Resolution 16. Settlement of Personal Injury Claim Corporation Counsel recommending approval of a release of subrogation claim of the City for the personal injury claim of Shane O'Bden. Suggested Disposition: Receive and File; Approve 17. Bergfeld Farm Lease City Manager recommending approval of a 3-year extension of a farm lease with Kenneth and Janet Bergfeld with terms that allow the City the ability to terminate the lease at any time if the property is needed for development purposes. RESOLUTION~:~/~-~'~,_~ Approving a farm lease with Kenneth G. and Janet M. Bergfeld Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham Michaiski Nichoison Buol Cline Connors Duggan 7 18. Capital Improvement Program Project- Structural Assessment City Manager recommending approval of an addition to the Airport's Capital Improvement Program budget for a structural assessment for the Quonset and shop building in the amount of $9,950, which will be 100% funded with a State grant. Suggested Disposition: Receive and File; Approve 19. Small Community Air Service Development Pilot Program Communication of the City Manager to Secretary Norman Mineta, US Department of Transportation, advising that the City of Dubuque endorses the Dubuque Regional Airports' grant application to the Small Community Air Service Development Pilot Program. Suggested Disposition: Receive and File; Approve Iowa Department of Public Health Communication from the Iowa Department of Public Health advising that they and the Association of State and Territorial Dental Directors have recognized the City of Dubuque's contribution to the dental public health of Iowa citizens. Suggested Disposition: Receive and File 21. Mississippi on the River LLC Corporation Counsel recommending approval of an Access and Indemnity Agreement with Mississippi on the River LLC to do a photo shoot at the Shot Tower. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski Nicholson Buol Cline Conners Duggan 8 22. Business License Refund Request of Donald B. Meyer, Main Street Caboose, Inc., for a refund of his beer/liquor license in the amount of $211.25. Suggested Disposition: Receive and File; Approve 23. Business Licenses RESOLUTION ,~/J~ Granting the issuance of three renewal permits to sell cigarettes and cigarette papers RESOLUTION ~'~z'/'/~ - ~:~-~ Granting the issuance of a Class "B' Beer (5 Day Special Event) Permit to Dubuque Area Labor Management (Tents A, B and C); and Class 'C" Beer Permit to IOCO Speede Shoppe ~ and Amoco Food Shop RESOLUTION~Z~'J~ ~..~ Granting the issuance of a Class "Ca Beer/Liquor License to House of China, Mad Hatters, Dubuque Five Flags Center and Grape Harbor (Caf~ Outdoor Service); and Class 'B~ Wine License to Basket Expressions Suggested Disposition: Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 9 ITEMS TO BE SET FOR PUBLIC HEARING Voluntary Annexation Request - Callahan Construction Port of Dubuque Building Demolition and Site Clearance Project ,/ /~esNays Markham /~.!chalski t ~//Nicholson ~ ~in°le ~' Connors Duggan Voluntary Annexation Request - Callahan Construction City Manager recommending that a public hearin~ be set for August 18, 2003 to consider a voluntary annexation request by Callahan Construction, Inc for forty acres of land on Seippel Road north of the Dubuque Industrial Center West, concurrent with rezoning. Suggested Disposition: Receive and File; Public Hearing 8118103 Port of Dubuque Building Demolition and Site Clearance Project City Manager recommending initiation of the public bidding process for the Port of Dubuque Logging Properties - Building Demolition and Site Clearance Project and that a public hearing be set for August 18, 2003. RESOLUTION RESOLUTION specifications RESOLUTION Preliminary approval of plans and specifications Setting date of hearing on preliminary plans and Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8118103 10 BOARDSICOMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (Two vacancies from Low/Moderate Income .A..re~r through 2/15/04 and 2/15105): ~/ Applicant. David Oliver (Low/Moderate Income Area) Housing Commission (One unexp)red 3-yea,r term through~8117105), / Applicant: Gina E~II . ~ ~ .~///~/'C~/~ Transit Board of Trusteee (One 3-year term through 1/3o/o3 - term of Semis) Applicant: Harry J. Bemis \ / 11 PUBLIC HEARINGS SUSPEND THE RULES Aye~l Nays /~ (~T/Markham // ~/Michalski ~ O /, Nicholson ~ ~ 0 uo, / Cline Connors Duggan 605 West Locust and 2085, 2085 % Foye Street - Request to Rezone Proof of publication on notice of hearing to consider rezoning properly located at 605 West Locust and 2085, 2085 % Foye Street from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping Center District at the request of Christopher and Jennifer Spahn and Zoning Advisory Commission recommending denial. Communication from Mrs. Marjode Lee in opposition to the proposed rezoning. ORDINANCE ~;~/~-~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 605 West Locust and 2085, 2085 % Foye Street from R-2A Alternate Two- Family Residential District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District Receive and File; Concur with Denial, or MotionS, Suggested Disposition: Mofion/~J(Super Majority Vote Necessary) 7' A~/~~,N Nays Markham · Michalski icholson uo~ / onno - Duggan Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 12 44 Main Street - Request to Rezone/],:/~ Proof of publication on notice of headng to consider rezoning property located at 44 Main Street from LI Light Industrial to C-4 Downtown Commercial District at the request of Kevin Menning/K & C Investments and Zoning Advisory Commission recommending approval. ORDINANCE ~--~-" ~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 44 Main Street from LI Light Industrial District to C-4 Downtown Commercial Distdct Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ,/// ,Markham ~// ~.)Michalski // VNicholson // Buol / y Connors / Duggan 13 Harvest Development - 4100 Asbury Road - Request to Rezone Proof of publication on notice of hearing to consider rezonJng property located at 4100 Asbury Road from R-1 Single-Family Residential District and R-3 Moderate Density Multi-Family Residential Distdct to PUD Planned Unit Development with a PR Planned Residential designation to allow development of a 180-unit senior assisted living housing complex and Zoning Advisory Commission recommending approval ORDINANCE 5~-~,~ Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north of Matthew John Drive from R-1 Single-Family Residential Distdct and R-3'- Unit Development Dist~ct with a PR Planned Residential District designation and adopting a Conceptual Development plan with conditions Suggested Disposition: Receive and File; Motion B; Motion A Aye: ~ Nays · Markham Michalski . Nicholson Buol Cline /Connors Duggan 14 Sale of Reel Property - 2521 Stafford Street Proof of publication on notice of hearing to consider the sale of real estate at 2521 Stafford Street to Kristy Monohan-Smith for the amount of $71,500 and City Manager recommending approval. RESOLUTION ~-/~---~.~ Disposing of City-owned property, specifically Lot Two (2) of Lot One (1) and the east one-half (El/2) of Lot Four (4) of Lot Two (2) both in Greiger's Subdivision in the City of Dubuque, Dubuque, Iowa according to the recorded plat thereof;, otherwise known as 2521 Stafford Street Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays /~/ Markham · ' // Michalski // Nicholson ///3 Buoi // cline / ~/Connors "' Duggan 15 Cooper Development Loan Subordination Agreement Proof of publication on notice of hearing to consider 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 and City Manager recommending approval· RESOLUTION ~_~'~-~ Authorizing a Subordination Agreement in regard to a mortgage interest in City Lot 73 (except the southerly three inches thereof) in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution .Ayes Nays ~/~ ~Markham ~/ /~.)Michalski ,// ~Nicholson // ~_~ Buol // Cline // Connom ~ Duggan REINSTATE THE RULES Ay/~ Nays Markham Michalski Nicholson Cline Connors Duggan 16 East Dubuque Savings Bank - Site Plan Review Zoning Advisory Commission recommending approval of the site plan for East Dubuque Savings Bank at the southwest comer of Cedar Cross Road and Starlite Drive. Suggested Disposition: Receive and File ~//~,/Ayes Nays /~ Markham ~/' /~)/~Michalski ///~/Nicholso. / ×~/~/. Buol / / ~Conno~ Duggan 17 = Electrical Fee Ordinance City Manager recommending approval of a revised fee schedule for electrical permits for new commemial and industrial projects. ORDINANCE ~.~-~'~..~ Providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising the electrical permit fee schedule for new commemial and industrial buildings for the City of Dubuque, Iowa Suggested Disposition: Receive and File; Motion B; Motion A .a les Nays ~ Markham ~..ichalski / ~ Nicholson / (~/Buol / -- Cline / Connors Duggan Resources Enhancement and Protection (REAP) Program City Manager recommending City Council approval of an updated REAP Plan, confirmation of a representative to the REAP committee, and approval of the Fiscal Year 2005 REAP grant application. RESOLUTION ~:~.~'~ ~) Authorizing a grant application to the Iowa Department of Natural Resources for REAP funds for Pyatigorsk Park Suggested Disposition: Receive and File; Approve; Council Appointment; Adopt Resolution ~ / A.y~s Nays · li~h/ ~// ~ Markham ~ ~ '//~.~Michalski ~/~/ ~ ~N~c~lson Con ~ ' / DU an 18 Vendor Application Process City Manager recommending approval of the criteria for use of public right-of-way for vending at the Port of Dubuque and Hawthorne Street Peninsula. Suggested Disposition: Receive and File; Approve yes Nays Markham ~ _Michalski (~,~licholson ~/~cB~in°'e ///~' Connom Duggan 19 Eagle Valley Subdivision City Manager recommending approval of assistance, with guarantees, to Fondeil Excavating, Inc. to facilitate development of Eagle Valley Subdivision, which is a new subdivision of affordable owner-occupied housing along Roosevelt Road. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 20 City Manager submitting information on the Fiscal Year 2004 budget amendment and utility franchise fee and recommending that a public hearing be set for July 28, 2003 to consider adoption of a franchise fee. Suggested Disposition: Receive and File; Council; Public Hearing 7128103 Aye~ Nays ~/~  ,~ ( ~/)Markham ~/ ~Michalski ~ · ~' Nicholson Buol Cline Connom // Duggan Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan = Jackson Park Historic District I Downtown Neighborhood Council Communication of the City Manager requesting that this item be tabled. Historic Preservation Commission recommending approval of a request from the Downtown Neighborhood Council for funding in the amount of $15,905.80 from the Historic District Public Improvement Program to install trash receptacles, park benches, planters and street trees in Jackson Park and the public right-of-way in the Jackson Park Historic District. Suggested Disposition: Receive and File; Council  Ayes Nays Markham /~Michalski /~/Nicholson /' /r-~') BuoI ~' ~'-~/ Cline J Connors Duggan Historic Bluffs Neighborhood Association Communication of the City Manager requesting that this item be tabled. Communication from the Historic Bluffs Neighborhood Association requesting that the Council reconsider pulling funding from the existing Historic District Public Improvement Program. Historic Preservation Commission recommending approval of a request from the Historic Bluff Neighborhood Association for funding in the amount of $86,032.50 from the Historic District Public Improvement Program to install histodc street lighting in the public right-of-way along Loras Boulevard from Bluff Street to Prairie Street. Suggested Disposition: Receive and File; Council Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 22 Sm Downtown Neighborhood Council Communication of the City Manager requesting that this item be tabled. Histodc Preservation Commission recommending approval of a request from the Downtown Neighborhood Council for funding in the amount of $12,155.03 from the Historic Distdct Public Improvement Program to install brick paver sidewalks in the public right-of-way at 1105, 1470, 1472 and 1492 Locust Street. Suggested Disposition: Receive and File; Council Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 10. Langworthy Neighborhood Association Communication of the City Manager requesting that this item be tabled. Historic Preservation Commission recommending approval of a request from the Langworthy Neighborhood Association for funding in the amount of $5,930.40 from the Historic District Public Improvement Program to install planters in the public right-of-way in the Langworthy Historic District. Suggested Disposition: Receive and File; Council Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 23 11. Historic Preservation Commission Communication of the City Manager requesting that this item be tabled. Historic Preservation Commission recommending that the City Council allocate $4,345.77 from the Historic District Public Improvement Program for Engineering Department costs associated with the installation of historic district entry street signs in the public right-of-way. Suggested D and File; Council Aye.?~-)~ Nays {")/Markham ~/Michalski Nicholson ~Buol ~, Connors ~// Duggan 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. 24