Loading...
Minutes City Council 9 2 03CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, Tuesday, September 2, 2003 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Invocation was given by Reverend Kristian Kincaid, Our Redeemer Lutheran Church. Proclamation: Dragon Boat Festival Days (September 6 and 7, 2003) received by Jean McCallum. Presentations: Audubon School Appreciation Poster presented by Walt Pregler and Kay Helbing, Principal of Audubon School; National Mississippi River Museum and Aquarium Grand Opening Commemorative Print presented by Jerry Enzler of the Dubuque County Historical Society. CONSENT ITEMS 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, upon motion received and filed. Proof of publication of City Council Proceedings of 8/4, upon motion received and filed. 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; Valerie A. McNally for vehicle damage, upon motion received and filed and referred to the Legal Staff for investigation and 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, upon motion received and filed and concurred. 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, upon motion received and filed and concurred. 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, upon motion received and filed. Amendment to Collective Bargaining Agreement with Professional Firefighter’s Association: City Manager recommending approval of an amendment to the agreement between the City of 1 Dubuque and the Dubuque Professional Firefighter’s Association, Local #353, upon motion received and filed and approved recommendation. Brewery Rehabilitation Project: City Manager recommending approval of a resubmittal of 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, upon motion received and filed. Buol moved adoption of Resolution No. 296-03 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. Seconded by Markham. Motion carried 7-0. Voluntary Annexation Agreement from Marilyn Blake: City Manager submitting a voluntary annexation agreement received from Marilyn Blake, upon motion received and filed. 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, upon motion received and filed. Buol moved adoption of Resolution No. 297-03 Approving Amendment #1 to the Fiscal Year 2004 (Program Year 2003) Annual Action Plan for Community Development Block Grant Funds. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 298-03 Establishing the annual fee for confined space rescue services. Seconded by Markham. Motion carried 7-0. Asbury Plaza Drainage/Soil Erosion Issue: Communication from Werner Hellmer regarding the Asbury Plaza Drainage/Soil Erosion Issue, upon motion received and filed. City Manager Employment Agreement: Submittal of the Twelfth Amendment to the City Manager’s Employment Agreement for approval, upon motion received and filed and approved the amendment. 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, upon motion received and filed. Buol moved adoption of Resolution No. 299-03 Approving the submission of an application for Certified Local Government (CLG) program funding to conduct Phase V of the architectural/historic survey. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 300-03 Approving the submission of an application for Certified Local Government (CLG) program funding to conduct an historic preservation symposium. Seconded by Markham. Motion carried 7-0. 2 Deployed Soldiers: Council Member Nicholson submitting a picture of deployed soldiers holding the Dubuque flag, upon motion received and filed. Business Licenses: Buol moved adoption of Resolution No. 301-03 Granting the issuance of a permit to sell cigarettes and cigarette papers to JMS Investments; Resolution No. 302-03 Granting the issuance of one renewal permit to sell cigarettes and cigarette papers to Jumpers Sports Bar/Grill; Resolution No. 303-03 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 No. 304-03 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. Seconded by Markham. Motion carried 7- 0. ITEMS TO BE SET FOR PUBLIC HEARING Port of Dubuque Parking Lot Renovation and Resurfacing 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, upon motion received and filed. Cline moved adoption of Resolution No. 305-03 Preliminary approval of plans and specifications; Resolution No. 306-03 Setting date of hearing on plans and specifications for 10/6/03 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 307-03 Ordering bids. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Cline moved adoption of Resolution No. 308-03 Preliminary approval of plans and specifications; Resolution No. 309- 03 Setting date of hearing on plans and specifications for 10/6/03 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 310-03 Ordering bids. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Housing Advisory Trust Fund Committee (One 3-year term through 9/8/06 – Term of Hingtgen) Applicant:Doris M. Hingtgen. No one spoke. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. 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, upon motion received and filed. Markham moved adoption 3 of Resolution No. 311-03 Disposing of City interest in Lot 6A of Finley Home Addition in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Fiscal Year 2004 Budget Amendment: Proof of publication on notice of hearing to consider a second amendment to the Fiscal Year 2004 budget, upon motion received and filed. No one spoke concerning the proposed budget amendment. Cline moved adoption of Resolution No. 312-03 Amending the current budget for the Fiscal Year ending June 30, 2004. Seconded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Purchase of Trolley Replicas: City Manager recommending approval of an agreement with Optima Bus Corporation to purchase two American Heritage Streetcars at a total cost of $540,716 to be used for the looped shuttle service programmed for the Port of Dubuque and downtown, upon motion received and filed and approved recommendation. Don Schadl of Dubuqueland Tour and Shuttle Services, as a small business owner negatively impacted by this, spoke in opposition to the purchase Sanitary Sewer Connection Ordinance Revision and Policy: City Manager recommending approval of a change to the Sanitary Sewer Connection Ordinance and Policy 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, upon motion received and filed. Ordinance No. 71-03 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, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. 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), upon motion received and filed and approved recommendation. 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, presented and read. Council discussed the necessity of bringing some conclusion to this continuing rezoning dilemma. Upon motion it was directed that the applicant, QHQ Development, and the objecting neighbors meet with mediators from the City of Dubuque Mediation Services to try and come to some resolution of issues before bringing this issue back to the Council. Staff was directed to answer questions from either party but to do no more or less than they would do for other rezoning issues. 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 4 Road Development, upon motion received and filed the communication and referred this matter to the Police Chief and Fire Chief to determine when and if an emergency access road would be necessary and to have the issue brought back at that time. 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, upon motion received and filed and resolved that Council Member Nicholson be designated as the voting delegate, with no alternate named. 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, upon motion received and filed and appointed Council Member Michalski as the City’s representative at the Forum. 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. Upon motion this item was removed from the table. City Manager recommending award of the Police Department Towing Contract to both Wenzel Towing and Burt Steve and Sons Garage. Marie Steve spoke objecting to the process for this contract. Jules Wenzel spoke stating that a split contract would work but would be difficult. Nicholson moved to reject all bids. Seconded by Michalski. Motion failed due to the following vote: Yeas—Nicholson, Michalski. Nays—Buol, Duggan, Cline, Connors, Markham. Buol moved to rescind the vote to reject all bids. Seconded by Markham. Motion carried 7- 0. Markham moved to receive and file the communications, reject all bids and refer the matter back to staff. Seconded by Buol. Motion carried 7-0. At 7:53 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2003 Code of Iowa. At 8:17 P.M. upon motion Council reconvened Regular Session stating that proper direction had been given. There being no further business, upon motion meeting adjourned at 8:18 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/10 5