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
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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.
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