1 19 04 Skeleton SheetCITY COUNCIL REGULAR SESSION, JANUARY 19, 2004
COUNCIL MET IN REGULAR SESSION AT 3:00 P.M. IN THE FIVE FLAGS CiViC CENTER
- ORPHEUM ROOM
PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, CONNORS,
MARKHAM, MICHALSKI, NICHOLSON
CITY MANAGER VAN MILLIGEN; CORPORATION COUNSEL LINDAHL
ABSENT:
Mayor Duggan read the call and stated this is a special session of the City Council
called for the purpose of discussing such matters which may properly come before the
City Council.
INVOCATION: Reverend Tom Mason, Captain of the Salvation Army
CONSENT iTEMS
*yes Naye
./ ~puggan ""~/.
~ ~Michalski/~
Minutes and Reports Submitted
Airport of 12/8; City Council of 12/18 and 1/5; Civil Service Commission of 10/28, 11/5
and 12/4; Community Development Advisory Commission of 12/2 and 12/10; Downtown
Planning Committee of 12/8; Historic Preservation Commission of 12/18; Human Rights
Commission of 12/8; Library Board of 7/24, 8/8, 8/28, 9/16, 9~25, 10/23, 11/20, 11/25,
and 12/4; Zoning Advisory Commission of 1/7; Zoning Board of Adjustment of 12/18
Proof of publication of List of Claims and Summary of Revenues for month ending
November 30, 2003; Financial reports for month ending December 31, 2003.
Suggested D'mposition: Receive and File
Notice of Claims/Suits
Debra Ann Avenadus for personal injury; James K. Clark for property damage; Deborah
Cue for personal injury; Norma Furry for property damage; John Sabers for property
damage; Luvem H. Stockel for property damage; TFM Company for property damage
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 Serv'mes of Iowa, the agent for the Iowa Communities Assurance Pool:
Debra Ann Avenadus for personal injury; Deborah Cue for personal injury; Allison Lott
for property damage; John Sabers for property damage; Luvern Stocket for property
damage; TFM Company for property damage
Corporation Counsel recommending settlement of the claim of James K. Clark for
property damage and directing Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
2
Citizen Communications
Communication from Mary Jungbluth regarding the mediation session between
Sunnyslope propen~j owners and QHQ Properties.
Communication from Sister Margaret Ann Willging submitting proposals for City Council
consideration.
Suggested Disposition: Receive and File
LeClere Agreement
City Manager recommending approval of an agreement with Thomas and Rebecca
LeClere, 1195 Thomas Place, for the installation of sanitary sewer service to their
home.
Suggested Disposition: Receive and File; Approve
=
Dubuque Metropolitan Area Solid Waste Agency
Communication from Jan Hess, Secretary of the Dubuque Metropolitan Area Solid
Waste Agency, submitting the Agency's tipping fees for Fiscal Year 2005 along with a
summary of the Fiscal Year 2005 budget.
Suggested Disposition: Receive and File
Request to Demolish
Histodc Preservation Commission recommending approval of a request from the City of
Dubuque to demolish a one-story concrete addition to the Star Brewery Building.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
3
White Water Creek Bridge
City Manager recommending approval of a Historic Resource Development Program
(HRDP) grant application for relocation of the histodc White Water Creek Bridge.
RESOLUTION ,~-/~'~'/ Authorizing grant application for HRDP funds for
relocation of the historic White Water Creek Bridge
Suggested Disposition: Receive and File; Adopt Reeolut~on
Eagle Food Centers, Inc.
Notice of headng in the United States Bankruptcy Court to consider approval of the
disclosure statement of Eagle Food Centers, Inc. and four of its subsidiaries and
affiliates.
Suggested Disposition: Receive and File
Urban Transit Contracts
City Manager recommending approval of Urban Transit Contracts with Area Residential
Care, Mt. Saint Francis, and Sunnycrest Manor.
Suggested Dispos~on: Receive and File; Approve
Ayes Nays
Duggan
~arkham
Michalski
Nicholson
] Buol
Cline
Connors
4
10.
Four Mounds Foundation
Christine Happ Olson, Executive Director- Four Mounds Foundation, requesting that
the City sign an owner consent form for a grant application to the State Historical
Society of Iowa for funding to restore the structurally damaged Porte Cochere at the
historic Grey House at Four Mounds.
Suggested Disposition: Receive and File; Approve
11.
Designation of Fiscal Officers
City Manager recommending approval of the designation of Finance Department
employees to obtain bank account information and make transfers between City of
Dubuque bank accounts within a banking institution.
RESOLUTION ~.~-~ ~/ Authorizing certain City of Dubuque Finance
Department employees to obtain bank account information and make transfers between
City of Dubuque bank accounts within a banking institution
Suggested Disposition: Receive and File; Adopt Resolution
12.
Authorized Depository Institutions
City Manager recommending approval of adding State Central Bank as an authorized
depository institution for the City of Dubuque.
RESOLUTION ~_~ ~ ~2 ~ Naming Depositories
Suggested Disposition: Receive and File
Ayes Nays
Duggan
Markham
Michaiski
Nichoison
Buol
Cline
Connors
5
13.
Shepherd Company - CEBA Contract
City Manager recommending approval to execute a $100,000 Community Economic
Betterment Account (CEBA) loan agreement to support Shepherd Company's relocation
to downtown Dubuque.
RESOLUTION ~/'~ ~ Authorizing the execution of a Community Economic
Betterment Account loan agreement for One Hundred Thousand Dollars ($100,000)
with Shepherd Incorporated
Suggested Disposition: Receive and File; Adopt Resolution
14.
Lead Based Paint Hazard Abatement Program and Housing Trust Program
City Manager recommending approval of the publication of a Notice of Intent to Request
Release of Community Development Block Grant (CDBG) Funds for the Lead Paint
Hazard Abatement Program and Housing Trust Fund Program.
RESOLUTION ~ ~/ Authorizing publication of a Notice of intent to Request
Release of Community Development Block Grant Funds for Lead Paint Hazard
Abatement Program and Housing Trust Fund
Suggested Disposition: Receive and File; Adopt Resolution
U.S. Deparlment of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development (HUD)
acknowledging receipt of the second amendment to the City's Community Development
Block Grant Annual Action Plan.
Suggested Disposition: Receive and File
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
6
16.
17.
Business License Refund
Request from Marvin Rapp, Cue Master Billiards, for a refund of his cigarette license in
the amount of $50.00.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION ~'~ ~ Granting the issuance of a Class "B" Beer Permit to
UAW Local 94; and Class "C' Beer Permit to Awn Stop Mart, Dubuque Discount Gas,
Iowa Potato & Produce House, Hy-Vee #2
RESOLUTION ,~7 '~ ~ Granting the issuance of a Class "B~ Wine Permit to Hy-
Vee #2
Suggested Disposition: Adopt Resolutions
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connom
7
ITEMS TO BE SET FOR PUBLIC HEARING
Old Mill Road Property - Lease Agreement- February 16, 2004
Fiscal Year 2005 Annual Action Plan - February 24, 2004
,~yes Nays
Duggan
~, Markham
Michalski
Nichoison
/· ,-~Buol
//,/~Cline
Old Mill Road Property - Lease Agreement
City Manager recommending that a public hearing be set for February 16, 2004, to
consider a lease agreement with David Hartig for four properties on Old Mill Road which
the City acquired through the Hazard Mitigation Grant Program (HMGP) and which must
remain open green space as a condition of the HMGP program.
RESOLUTION Establishing a public hearing for the disposition of Old
Mill Road property~ ' / /
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/16/04
Fiscal Year 2005 Annual Action Plan
City Manager recommending that a public hearing be set for February 24, 2004 to
consider approval of the proposed Fiscal Year 2005 Annual Action Plan.
RESOLUTION ~:~/ Setting a public hearing on the Program Year 2004
(Fiscal Year 2005) Community Development Block Grant (CDBG) Annual Action Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connors
PUBLIC HEARINGS
SUSPEND THE RULES
~es Nays
/ Duggan
~' ~E~,Markham
~Michalski
/l ~ ~Nicholson
/ .ol
/×, Cline
/ Connors
Madison Street Sanitary Sewer Extension Project
Proof of publications on notice of hearing, notice to bidders and notice to property
owners and City Manager recommending award of the contract for the Madison Street
Sanitary Sewer Extension Project to Top Grade Excavating in the amount of
sg0,460.0g.
RESOLUTION ~'~- ~/
RESOLUTION ~O' //
eESOLUTION 5/~ ~//
Necessity proposed for the Madison Street Sanitary Sewer Extension Project
Suggested Disposition: Receive and File; Adopt Resolutions
Adopting plans and specifications
Awarding contract
With respect to the adoption of the Resolution of
~ ~yes Nays
/ Duggan
Markham
// Michalski
Nicholson
/'~ /~cBl~n°le
/' ~onnors
10
Kivlahan Farms LC - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property on Bittersweet
Lane (north of John F. Kennedy Road and West 32nd Street) from R~3 Moderate Density
Multi-Family Residential District to PUD Planed Unit Development District with a PR
Planned Residential designation as requested by Kivlahan Farms LC 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 west of Honeysuckle Lane from R-3 Moderate Density Multi-Family Residential
District to PUD Planned Unit Development District with a PR Planned Residential
District designation and adopting a Conceptual Development Plan with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Duggan
Markham
Michalski
Nicholson
#)Buol
Cline
/~::onnors
12
Radford Road - Request to Rezone
Proof of publication on notice of hearing to consider rezoning property in the 1700 block
of Radford Road from AG Agricultural District to C-3 General Commemial District as
requested by Steve Schueller 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
in the 1700 block of Radford Road from AG Agricultural District to C-3 General
Commercial District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Nays
Duggan
Markham
Michalski
Nicholson
Buol
%Cii.e
/?~onnore
13
Fiscal Year 2004 Budget Amendment
Proof of publication on notice of hearing to consider an amendment to the Fiscal Year
2004 budget and City Manager recommending approval.
RESOLUTION ~--~ Amending the Fiscal Year 2004 budget
Suggested Disposition: Receive and File; Adopt Resolution
yes Nays
Duggan
Markham
~ Michalski
Nicholson
/Buol
, ~Cline
~/Connors
REINSTATE THE RULES
les Nays
Duggan
/~jMarkham
~-x Michalski
Nicholson
Buol
// ~.Cline
/~//Connors
14
ACTION ITEMS
Highway 52 South - Request to Rezone (Second Reading on 115104)
ORDINANCE ~- - O ~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located southeast of Highway 61/151 and Highway 52 intersection from C-3 General
Commemial District to MHI Modified Heavy Industrial District, with conditions
Communication from the Dubuque County Board of Supervisors requesting that action
on this item be tabled until the appropriate Iowa Department of Transportation studies
are completed and an IDOT public headng has been held.
Copy of communication from the Dubuque County Board of Supervisors to Richard E.
Kautz, Iowa Department of Transportation, requesting the Iowa Department of
Transportation initiate a traffic study on Highway 151161.
Communication from Garold Williams, 11126 Hwy 52 South, regarding slow moving
concrete trucks.
Communication from Richard Kaufman regarding the third reading and vote on the Apex
Concrete rezoning request.
Communication from Richard Kautz, Iowa Department of Transportation, regarding the
Highway 151/61 intersection.
Communication from John M. McDonald III in opposition to the proposed rezoning.
Suggested Disposition: Receive and File; Motion A (Final Approval)
16
B
Carnegie Stout Public Library Annual Report
Library Director Susan Hendcks to present the Carnegie Stout Public Library Annual
Report.
Suggested Disposition: Receive and File
Ayes Nays
=? /~lDuggan
/ /~,/Markham
,,/ ~/ Michalski ~
/ ., Nicho~on
/ ~) Buo~ "
~ Cline
/ Connom
=
Police Department Towing Contract
City Manager recommending that the Fiscal Year 2003 - 2006 Towing Contract for the
Dubuque Police Department be awarded to Wenzel Towing. ~
Suggested Disposition: Receive and File; Approve
./
Ayes Nays/
Duggan / //
/~ ~, Markham
?/~//~//Michalski
/~_ Nicholson
7~ Buol
/ ~ Cline.
/ Connom
Ayes Nays
Duggan
Markham
Michalski
Nicholson
Buol
Cline
Connom
18
Adams Company - General Obligation Capital Loan Note
City Manager recommending approval to purchase a $500,000 General Obligation Loan
Note from American Trust and Savings Bank to assist the Adams Company with their
relocation to the Dubuque Industrial Center West.
RESOLUTION _~'~/ Directing the acceptance of a proposal to purchase
$500,000 General Obligation Capital Loan Notes
Suggested Disposi§on: Receive and File; Adopt Resolution
Ayes Nays
.~J ._\Duggan
/~//~ Markham
? ~' Michalski
/~ Nicholson
/~, Buol
/~ ~.~Cline
//~Connors
Ridgeway Park Subdivision - Final Plat
City Manager recommending approval of the final plat of Ridgeway Park Subdivision in
Dubuque County, Iowa as requested by Randy Hefel.
RESOLUTION J~/~ ~? / Approving final plat of Ridgeway Park Subdivision
in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
,~ Duggan
~ Markham
~ Michalski
Nicholson
Buol
~Cline
19
Renaming of Aggie Street
Zoning Advisory Commission recommending that the name of Aggie Street be changed
to Oak Park Place at the request of the City of Dubuque.
ORDINANCE ~:2/ Renaming the street currently named Aggie Street to
Oak Park Place
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
·: Duggan
~ Markham
// 0 Michalski
~/ Nicholson
Buol
./ _ Cline
///(_~ Connors
=
Fiscal Year 2005 Budget Transmittal
City Manager presenting the Fiscal Year 2005 Annual Operating Budget and Capital
Improvement Program Budget.
Sugges.d Disposition: Receive and Fie
Ayes Nays
//-Markham
/ (~lichaiski
/- Nicholson
/~×- .Buol
/L~' Connors
COUNCIL MEMBER REPORTS
2O
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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