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