Loading...
8 4 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, AUGUST 4, 2003 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM PRESENT:MAYOR DIJ[GGAN, ,.COUNCIL MEMBERS/BUOL, CLUE, CONNERS, MARKHAM, MIC~ALSKI, "IC~)LSO" ,,, CiTY MANAGER MICHAEL VAN/MILLIGEN, CORPORATION COUNSEL BARRY ~NDAHL 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: Pastor Victor St_ George, St. Matthew Lutheran Church Responsible Gaming Education Week 4f~~~~ United Way Campaign Time ',~ ~.~..-~~ ~{~ CONSENT ITEMS ~ Nays / / ~ Michalski / "/~Nichoison / /~/Buol / c~ Cline / Connors / Duggan Markham Minutes and Reports Submitted Airport Commission of 6/23 and 7/18; City Council of 7/21 and 7/28; Civil Service Commission of 7/8 and 7/25; Historic Preservation Commission of 7/17; Housing Commission of 5~27 Proofs of publication of Council Proceedings for July 7 and July 9, 2003 and List of Claims and Summary of Revenues for Month Ending June 30, 2003 Printed Council Proceedings for May, 2003. Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suits Michael Francois for vehicle damage; Dwane Hingtgen for property toss; Lyle and Patricia Ott for vehicle damage; Teamstem Union #421 and John Gotto vs City of Dubuque Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Chris Barnhart for vehicle damage; Lisa Imbus for personal injury Corporation Counsel recommending denial of the claim of Mary Marcotte for vehicle towing. Corporation Counsel recommending settlement of the claim of United Way Services, Inc. for property damage and directing Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment 2 Request to Purchase City-Owned Property Request of Bob Hartig, Oak Park Place of Dubuque, LLC, to purchase three parcels of property located in the Medical Associates Green Belt. Suggested Disposition: Receive and File; Refer to the City Manager Patricia Ann Drive/Subdivision Communication from Lloyd S. Gudenkauf, Gudenkauf Construction, requesting that the City release his bond, in the amount of $13,500, for completion of Patricia Ann Drive. Suggested Disposition: Receive and File; Refer to the City Manager Eagle Food Centers, Inc. An amended notification from Eagle Food Centers, Inc. pursuant to the Worker Adjustment and Retraining Notification Act, and applicable State law and advising that the company has filed for Chapter 11 bankruptcy. Suggested Disposition: Receive and File Police Department Towing Contract City Manager recommending approval for renewal of the towing contract with Towing. Suggested Disposition: Receive and File; Approve 3 J Section 8 Management Assessment Program (SEMAP) City Manager advising that the City of Dubuque Housing Department has been designated a "High Performing" housing authority by the U.S. Department of Housing and Urban Development, with a rating score of 100%. Suggested Disposition: Receive and File Establishment of Fair Market Value on U.S, 20 Properties City Manager recommending approval of the establishment of fair market values of three parcels of property needed as right-of-way for the proposed U.S. 20 traffic flow improvement project. RESOLUTION ~' ~-~ Establishing fair market value for the acquisition of certain real property owned by Center Grove Methodist Episcopal Cemetery Association in the City of Dubuque, Iowa RESOLUTION ~-~"~ -~ Establishing fair market value for the acquisition of certain real property owned by WCB Hotels, Inc. in the City of Dubuque, Iowa RESOLUTION ~ ~_~ Establishing fair market value for the acquisition of certain real property owned by CNL Funding 2000-A., L.P. in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions = Grand River Center - Temporary Meeting Room Names City Manager recommending that the temporary names for meeting rooms at the Grand River Center, which were approved by Council on June 2, 2003, be revised to be consistent with industry standards for conference and convention facilities. Suggested Disposition: Receive and File; Approve Ayes~ . Nays ~ MIchalski Nicholson Buol Cline Connore Duggan Markham 4 10. Business Licenses RESOLUTION .~ ~' ~:~ Granting the issuance of two renewal permits to sell cigarettes and cigarette papers within the City to Hammerheads Bar and Awn Stop Mart RESOLUTION ~-~"~4~ ~ ~ Granting the issuance of one new permit to sell cigarettes and cigarette papers w~hin the City to the Eagles Club RESOLUTION ~:~'~?~ Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to Dubuque Jaycees (Tents A, B and C) RESOLUTION ~J'~---~ Granting the issuance of a Class 'C" Beer/Liquor License to Clarke College, Shannon's Bar/Gr~ll, and Player's Sports Bar; and Special Class "C" Liquor License to Choo Choo Charlie's and Bell Tower Theatre Suggested Disposition: Adopt Resolutions Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 5 ITEMS TO BE SET FOR PUBLIC HEARING General Obligation Bond Sale to Support Stormwater Projects - August 18, 2003 Eagle Valley Subdivision Sanitary Sewer Extension Project- August 18, 2003 Fiscal Year 2004 Budget Amendment - September 2, 2003 ~/A~ Nays Michalski Nicholson · L~/Conners Duggan Markham General Obligation Bond Sale to Support Stormwater Projects City Manager recommending that a public hearing be set for August 18, 2003 on the proposition of selling not to exceed $2,110,000 in General Obligation Bonds (for an essential corporate purpose) to support stormwater projects. RESOLUTION ~<~ -~.-~ Fixing date for a meeting on the proposition of the issuance of not to exceed $2,110,000 General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8118/03 Eagle Valley Subdivision Sanitary Sewer Extension Project- Initiate City Manager recommending initiation of the bidding process for the Eagle Valley Subdivision Sanitary Sewer Installation Project and that a public hearing be set for August 18, 2003. RESO'UTIO. RESOLUTION RESO'UTIO" Preliminary approval of plans and specifications Fixing date of hearing on plans and specit-~ations Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8118/03 6 Fiscal Year 2004 Budget Amendment City Manager recommending that a public hearing be set for September 2, 2003 to consider adoption of the Fiscal Year 2004 Budget Amendment RESOLUTION ~.~,.~'l~,.~ Directing the City Clerk to publish proposed amendment to the Fiscal Year 2004 Budget and date of public hearing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 912/03 7 BOARDSICOMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Housing Commission (One Section 8 3-year term through 8117103 -term of Plein; Three 3-year terms through 8117106) Applicants: Johr~ Plein (Section 8), Dorothy CulbeK~on, Jim Holz, and Danita Grant /'~0Y~. . TV Cable Telepr~'rammlng Commission (Two unexp,red terms through 6/30/06; One 3- year term through 6/30106 - term of Tigges) Applicant: Jennifer Tigges Appointments to the following Boards/Commissions: Community Development Advisory C~m~sion (Two vacancies from Low/Moderate Inco..me Area through 2/15/04 and 2/~5105).~' Applicant: David Oliver (Low/Moderate-I~m~me Area) ~~/ye/~ Nays (~J Michalski ,~Nicholson ·/ uoi ~ ~" Cline Connom Duggan Markham Housing Commission (One unexpired 3-year term through 8117/05) Applicant: Gina Bell yes Nays Michalski Nicholson / /- euoi / ,/~/Cline / ,'~ Connors / ~ ~/Duggan / ~/Markham Transit Board of Trustees (One 3-year term through 71301Jl6r- term of Bemis) Applicant Harry J. Bemis Nays Michalski // Nicholson · // ~-~Buol ~ /~Dline onnore ~ ~ Duggan ~ Markham 8 ACTION ITEMS Convention and Visitors Quarterly Report Sue Czeshinski, Dubuque Area Chamber of Commerce - Convention and Visitors Bureau, to present the CVB Quarterly Report. Suggested Disposition: Receive and File Ayes Nays // × ~ Michalski ~ Nicholson ~/ Buol / Cline / / , Connors / Duggan Markham 9 QHQ Rezoning {Tabled on June 2, 2003) Communication from Kenneth L. Buesing requesting that this item be placed back onto the City Council agenda for consideration. Communication from Kenneth L. Buesing, representing QHQ Development, submitting additional information regarding the QHQ request for rezoning of property located south on Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C,3. Communication from Mark Lockwood regarding the QHQ rezoning request and providing an update from the neighborhood meeting. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 General Commercial zoning district, with conditions Suggested Disposition: Receive and File; Remove from Table; Motion B; Motion A /Markham ~'~Ni Nays ichalski cholson Buol Cline Connors Markham 10 Suggested Di,~ition: Eagle Valley Subdivision City Manager recommending approval of assistance, with guarantees, to Fondell Excavating, Inc. to facilitate development of Eagle Valley Subdivision, which is a new subdivision of affordable owner-occupied housing along Roosevelt Road. Receive and File; Approve /- Ayes Nays .~ Michalski · Nicholson Cline Connors Duggan Markham Ayes Nays Michalski Nicholson Buol Cline Connom Duggan Markham 11 City Manager recommending approval of the final plat of E.a~le Valley Subdivision located along Roosevelt Road. RESOLUTION ~ X Approving final plat of Lots 1-2, inclusive, of Block 1, Lots 1-27, inclusiv~of Block 2, Lots 1-13, inclusive, of Block 3, Lots 1-13, inclusive, of Block 4, Lots 1-21, inclusive, of Block 6, Lots 1-10, inclusive, of Block 7, and Lots A-I, inclusive, all of Eagle Valley Subdivision Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 12 Historic District Public Improvement Program Communication from the Histodc Preservation Commission requesting that the HDPIP applications be approved as recommended by the Commission, and that the $139,450 in Fiscal Year 2003 funding be restored to the Historic Distdct Public Improvement Program. Communication from Doug Stillings, President of the Downtown Neighborhood Council, requesting Council approval of their two proposed Histodc District Public Improvement Program projects, without funding. Communication' ' from David A. Cox, Treasurer of the Historic Buffs Neighborhood Association, requesting Council approval of their historic lighting project along Lora.~, Boulevard, without funding. Buol Cline Connors Duggan Markham Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 13 Sidewalk Caf~ Ordinance City Manager recommending approval of a change to the Sidewalk Caf~ Ordinance to include a definition of a sidewalk cafe. ORDINANCE ~ ~-~ Amending Chapter 41 Streets, Sidewalks and Other Public Places, Division 6 Sidewalk Cafes by adding a new Section 41-179 Sidewalk Caf~ Defined; and by amending Section 41-180(c) Authorizing sidewalk cafes for only restaurants or retail businesses where more than fifty percent (50%) of the business conducted on the premises is the sale or dispensing of food or retail items Suggested Disposition: Receive and File; Motion B; Motion A yes Nays Michalski Nicholson Cline ~ Connors ~////2~ puggan / 14 = Conversion of Apartment Buildings to Condominiums City Manager recommending approval of an amendment to Chapter 11 (Building Regulations) of the City's Code of Ordinances to regulate the conversion of apartment buildings into condominiums and providing for fees for site and building inspections related to the conversion. ORDINANCE ~/~,.-~ Amending the City of Dubuque Code of Ordinances Chapter 11, Buildings and Building Regulations, by adopting a new Article V Condominium Conversions requiring that an existing structure shall not be converted to a horizontal property regime unless the converted structure meets Building Code requirements and providing the procedure for the issuance of a Certificate of Compliance RESOLUTION 4::~d~'~-~--~ Adopting fees for convers)~on of existing structures used for human habitation to horizontal property regimes (condominiums) Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution yes Nays. /~ Michalskl ~///,~Nicholson /~ V~ Buol J ~J/ Cline · Duggan Ma~ham 15 Amending the Electrical Ordinance, Heating and Ventilating Ordinance, and the Plumbing Ordinance City Manager recommending approval of three ordinances to increase the electrical license fees; mechanical license fees; and plumbing license fees as approved as part of the recent Fiscal Year 2004 budget amendment. ORDINANCE ~c>'~.~ Amending the City of Dubuque Code of Ordinances, Section 18-2, Article 83-7, Table 13-B Electrical Examination, License and Registration Fees ORDINANCE ~..~-~4~.~ Amending the City of Dubuque Code of Ordinances, Section 24-2, Article 308, Table 3-B Mechanical Examination, Registration and Certificate of Competency Fees ORDINANCE ~//~ Amending the City of Dubuque Code of Ordinances Section 37-2, Table 20-B, Plumbing Examination, License and Registration Fees Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~ Michalski //~/~licholson~_~ Buol Cline Connors Duggan ~ Markham COUNCIL MEMBER REPORTS 16 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. Motion to adjoum Ay~es/~. Nays /~//J~hchalski / L~Nicholson ~/ Buol ' / Cline Connom ~//×~uggan 17