9 2 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, SEPTEMBER 2, 2003
COUNCIL .MET IN REGU.V. AR SESSION AT 6:30 P.M. IN THE UBRARY AUDITORIUM
CITY MANAGER MICHAEL VAI~MILLIGEN, CORPORATION COUNSEL BARRY LI~DAHL
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~erend Christian ~ ~~ ~ .
Kincaid, Our Redeemer Lutheran Church
PRESENTATIONS:
Audubon School Appreciation Poster
National Mississippi River Museum and Aquarium Grand Opening Commemorative Print
Minutes and Reports Submitted
Airport Commission of 7~28; City Council of 8/18, 8/19, and 8/21; Community
Development Advisory Commission of 6/25; Downtown Planning Committee of 8/18;
Electrical Code Board of 8/4; Housing Commission of 7/22; Housing Code Board of
Appeals of 7/15; Human Rights Commission of 7/14; Library Board of 6/18 and 6/26;
Zoning Advisory Commission of 8/7
Proof of publication of City Council Proceedings of 8/4
Suggested Disposition: Receive and File
Notice of Claims/Suits
Elizabeth A. Fuerst vs. City of Dubuque; Brent Garbett for vehicle damage; Ronald
Huntington for vehicle damage; Cassie Maiden for personal injury; Valede A. McNally
for vehicle damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Cassie
Maiden for personal injury.
Corporation Counsel recommending settlement of the claim of Gerald Brimeyer for
vehicle damage and of Ronald Huntington for vehicle damage and directing the Finance
Director to issue payment.
Suggested Disposition: Receive and File; Concur
2
=
City of Asbury - Voluntary Annexation Request Notice
Notification from the City of Asbury that a public hearing will be conducted on
September 5, 2003 on various voluntary annexation requests.
Suggested Disposition: Receive and File
Amendment to Collective Bargaining Agreement with Professional Firefighter's
Association
City Manager recommending approval of an amendment to the agreement between the
City of Dubuque and the Dubuque Professional Firefighter's Association, Local #353.
Suggested Disposition: Receive and File; Approve
Brewery Rehabilitation Project
City Manager recommending approval of a resubmittal of combined notice of finding of
no signifmant 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 Brewery Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution
Voluntary Annexation Agreement from Marilyn Blake
City Manager submitting a voluntary annexation agreement received from Marilyn
Blake.
Suggested Disposition: Receive and File
Ayes Nays
Nichoison
/ Buol
Cline
Connors
Duggan
~ Markham
Michaiski
3
am
Fiscal Year 2004 Annual Action Plan - Amendment #1
City Manager recommending approval of an amendment to the City's Fiscal Year 2004
Annual Action Plan related to the budgetary shortfall.
RESOLUTION ~-~' ~-~ Approving Amendment #1 to the Fiscal Year 2004
(Program Year 2003) Annual Action Plan for Community Development Block Grant
Funds
Suggested Disposition: Receive and File; Adopt Resolution
Confined Space Fee
City Manager recommending approval of a fee for confined space rescue service of
$500 per year for each facility with a confined space rescue agreement with the City of
Dubuque.
RESOLUTION ~ ~'~'~
rescue services
Establishing the annual fee for confined space
Suggested Disposition: Receive and File; Adopt Resolution
Asbury Plaza Drainage/Soil Erosion Issue
Communication from Werner Helimer regarding the Asbury Plaza Drainage/Soil Erosion
Issue.
Suggested Disposition: Receive and File
Ayes Nays
Nicholson
Buol
Cline
Connors
Duggan
Markham
Michalski
4
10,
11.
City Manager Employment Agreement
Submittal of the Twelfth Amendment to the City Manager's Employment Agreement for
approval.
Suggested Disposition: Receive and File; Approve
Certified Local Government Grant- Phase V Architectural/Historic Survey
Historic Preservation Commission recommending approval of the submission of an
application to the State Historic Preservation Office (SHPO) for a Certified Local
Government (CLG) grant to conduct Phase V of the architectural/historic survey of the
community.
RESOLUTION ~~..~ Approving the submission of an application for
Certified Local Government (CGL) program funding to conduct Phase V of the
amhitectural/historic survey
Suggested Disposition: Receive and File; Adopt Resolution
Certified Local Government Grant- Historic Preservation Symposium
Historic Preservation Commission recommending approval of the submission of an
application to the State Historic Preservation Office (SHPO) for a Certified Local
Government (CLG) grant to conduct an historic preservation symposium.
RESOLUTION, ~;~-~:P~ Approving the submission of an application for
Certified Local Government (CGL) program funding to conduct an historic preservation
symposium
Suggested Disposition: Receive and File; Adopt Resolution
13.
14.
Deployed Soldiers
Council Member Nicholson submitting a picture of deployed soldiers holding the
Dubuque flag.
Suggested Disposition: Receive and File
Business Licenses
RESOLUTION ~' f~-~ Granting the issuance of a permit to sell cigarettes
and cigarette papers to JMS Investments
RESOLUTION ~/~:~ Granting the issuance of one renewal permit to
sell cigarettes and cigarette papers to Jumpers Sports Bar/Grill
RESOLUTION ~_~ -~.-~ Granting the issuance of a Class "C' Beer Permit to
Family Mart, Kwik Stop Food Mart (3201 Kerper); Kwik Stop Food Mart (2360 Central),
Asbury Amoco and Clark Station
RESOLUTION ~ ~?/" ~-~ Granting the issuance of a Special Class "C" Liquor
License to Colts Community Center; Class B (Wine) Permit to Family Mart; and Class
~B" Native Wine Permit to The Mandolin Inn
Suggested Disposition: Adopt Resolutions
6
ITEMS TO BE SET FOR PUBLIC HEARING
2003
. Nays
('///NIcholson
Buol
Cline
Connors
Duggan
Markham
Michalski
Port of Dubuque Parking Lot Renovation and Resurfacing Project - October 6,
Carter Road Detention Basin Construction Project - October 6, 2003
Port of Dubuque Parking Lot Renovation and Re. surfacing Project- Initiate
City Manager recommending initiation of the public bidding process for the Port of
Dubuque Parking Lot Renovation and Resurfacing Project and setting a public hearing
for October 6, 2003.
RESOLUTION
RESOLUTION
RESOLUTION
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
1016103
Ayes Nays
Nicholson
Buol
Cline
Connors
Ouggan
Markham
Michalski
7
RESOLUTION
RESOLUTION
RESOLUTION
Carter Road Detention Basin Construction Project - Initiate
City Manager recommending initiation of the public bidding process for the Carter Road
Detention Basin Construction Project and setting a public hearing for October 6, 2003
and approval of a letter to the Iowa Department of Natural Resources asking for an "out-
of-order" review of the plans and specifications for the project.
~O~*~:?_~ Preliminary approval of plans and specifications
_.~;:?~' ~ Setting date of hearing on plans and specifications
· '~'/~'~ 0_.~ Ordedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
1016103
8
BOARDSICOMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Housing Advisory Trust Fund Committee (One 3-year term through 9/8106 - Term of
Hingtgen)
Applicant: Dods M. Hingtgen
9
PUBLIC HEARINGS
SUSPEND THE RULES
yes Nays
Nicholson
/r BUOI
/~ __~ Cline
Connors
~ A Markham
~/~ Michalski
West Fifth Street - Request to Vacate
Proof of publication on notice of hearing to consider a request from The Finley Hospital
to vacate an alley southwest of West Fifth Street and City Manager recommending
approval.
RESOLUTION ~ '~/~/~O~ Disposing of City interest in Lot 6A of Finley Home
Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
yes Nays
Nicholson
Connors
/~ ~ Duggan
/[Markham
v Michaleki
10
Fiscal Year 2004 Budget Amendment
Proof of publication on notice of hearing to consider a second amendment to the Fiscal
Year 2004 budget.
RESOLUTION ~/~ ~ Amending the current budget for the Fiscal Year
ending June 30, 2004
Suggested Disposition: Receive and File; Adopt Resolution
Nays
Nicholson
Buol
~l.~/Duggan
Markham
Michalski
REINSTATE THE RULES
res Nays
Nicholson
~Buol
~' Connors
,, ,Duggan
//~)Markham
~' Michalski
11
ACTION ITEMS ~ '?
Purchase of Trolley Replicas
City Manager recommending approval of an agreement with Optima Bus Corporation to
purchase two American Hedtage Streetcars at a total cost of $540,716 to be used for
the looped shuttle service programmed for the Port of Dubuque and downtown.
Suggested Disposition: Receive and File; Approve
Buol
Connors
12
=
Sanitary Sewer Connection Ordinance Revision and Policy
City Manager recommending approval of a change to the Sanita;y Sewer Connection
which would give the City Manager the option to exempt a property from the
requirement of connecting to the public sewer if the connection were not practical.
ORDINANCE .~/-~ 5 Amending the City of Dubuque Code of Ordinances
Chapter 44 Section 44-55 Abandonment of Private On-Site Sewage Treatment and
Disposal System upon Availability of Public Sewer
Suggested Disposition: Receive and File; Motion B; Motion A
!yes Nays
_~ Nicholson
/~/Buol
'"_ Cline
~' Duggan
Markham
/~ Michalski
=
Purchase of Service Agreements
City Manager recommending approval of Purchase of Service agreements with
Dubuque Area Labor Management Council ($15,443), Helping Services of Northeast
iowa (1,964), Operation: New View (16,708), Project Concern - Foster Grandparent
Program ($5,435), Retired and Senior Volunteer Program (7,341), and Substance
Abuse Services Center ($12,390).
Suggested Disposition: Receive and File; Approve
/Aye~ . Nays
/~'/N,cholson
L~-' Buol
Cline
Connors
Duggan
Markham
Michalski
13
QHQ Rezoning - Request for Direction
City Manager requesting City Council direction regarding the role of City staff with
respect to the QHQ rezoning request west of the Northwest Arterial and east of
Samantha Drive.
Suggested Disposition: Receive and File; Council Direction
./' /~ Cline
// ~" Connom ~
Michaiski
14
T-Corp Rockdale Road Development
City Manager requesting City Council direction regarding the purchase of a second
access for emergency vehicles for the T-Corp Rockdale Road Development.
Suggested Disposition: Receive and File; Council Direction
yes Nays
Nicholson
/~Buol
/~/Cline
~ ~' Connors
~,~. Duggan
~ ~ Markham
//~ Michalski
15
National League of Cities
Communication from the National League of Cities requesting designation of the City's
voting delegate and alternate voting delegate for the NLC Annual Business Meeting.
Suggested Disposition: Receive and File; Council
Ayes Nays
~ Nicholson
~'/ ~Buol
~ ~,Cline
/~ /~,~onnors
'/~ ~/Duggan
///// Markham
'/ Miohalski
Iowa League of Cities
Communication from Alan Kemp, Iowa League of Cities, advising that the initial meeting
of the University and College City Forum will be held on October 16, 2003 at Grinnell
College. .
Suggested Disposition: Receive and File
y~ esNays
Nicholson
· ~ · Buol
/ ~)Cline
//. ~,/Connors
/~/ ~-~ Duggan
j Markham
/ Michalski
16
Police Department Towing Contract (Tabled on August 4, 2003)
Mayor Terry Duggan requesting that this item be brought back to the table for Council
discussion.
Suggested Disposition: Remove from Table~eceive and~;:ile; Council
/ Duggan/
Markham~/,/~)
Michalski ~
COUNCIL MEMBER REPORTS
17
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.
CLOSED SESSION
Pending Litigation and Properbj Acquisition - Chapter 21.5(1)(c)(j) 2001 Code of Iowa
Motion to go into Closed Session at ~, '~J5
Motion to adjourn at
Nays
Nicholson
Buol
Cline
~,/~Connors
L.,~' Duggan
Markham
Michalski
Ayes Nays
Nicholson
~_Buol
line
Connors
Duggan
Markham
~ Michalski
18