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3 1 04 Skeleton Sheet . 8 . CITY COUNCIL REGULAR SESSION, MARCH 1, 2004 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN ,HE LI~RY AUDJTORIUM PRESEN"T: MA YOIVDU...4NvCOUNCIL MEMBERS ~OL. C¡{.NE", ' ' CONNbRS, MARKH,ÁM. MICI- ALS:r",;'oHOLSON , CITY MANAGER VAN JI1~LlGEN; CORPORATION COUNSEL~DAHL ABSENT: ~\ Mayor Duggan read the call and stated this is a -speeia} session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: President Ken Daughters, Emmaus Bible College ¡tJ . . . CONSENT ITEMS ~es Nays /" ' Michalski (. Nicholson 1/ ~UOI line 1/' , Connors I / Duggan / ' Markham 1. Minutes and Reports Submitted Airport Commission of 1/26; Cable TV Regulatory Commission of 2/11; City Conference Board of 3/14 and 12/3/03; City Council of 2/12; 2/16, 2/19, 2/23 and 2/24; Electrical Code Board of 2/16; Environmental Stewardship Advisory Commission of 2/3; Historic Preservation of 2/18; Housing Code Appeals Board of 1/20; Housing Commission of 1/27; Joint City/County Planning Committee of 2/19; Library Board of 1/22; Long Range Planning Advisory Commission of 2/18; Park and Recreation Commission of 2/10; Transit Board of 1/8 Proofs of publication of City Council Proceedings of 2/2,219 and 2/12 and List of Claims and Summary of Revenues for month ending January 31, 2004; Convention and Visitors Bureau Quarterly Report Suggested Disposition: Receive and File 2. Notice of Claims/Suits Margaret Cheung for personal injury/vehicle damage; Steve and Kathy Comelius for property damage; Jasmine Leon for property damage; Jason Steinlicht for vehicle damage; Timothy Stierman, Renee Williams, Garold Williams, Gary Cavanaugh, Ruth Speck, Kevin Kelleher, Charles Plein, John Cavanaugh, and Thomas Tierney vs. Dubuque City Council and Dubuque Southgate Development, Ltd. Suggested Disposition: Receive and File; Refer to Legal for InvestigationlReport 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: Margaret Cheung for personal injurylvehicle damage; Daniel M. Gamer, Jr. for vehicle damage; Jason Steinlicht for vehicle damage Corporation Counsel recommending settlement of the claim of DanEI' Benn for vehicle damage and Jasmine Leon for vehicle damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance Dept to Issue Payment 2 . . . 3. Legislative Correspondence Communication of City Manager to area legislators encouraging opposition to efforts to change Land Use authority of local governments. Suggested Disposition: Receive and File; Approve 4. Contract for Auction of Personal Property at the Brewery City Manager recommending approval of an agreement with Crompton Corporation to sell the personal property at the Brewery. Suggested Disposition: Receive and File; Approve 5. City Development Board In the matter of the City of Asbury Voluntary Annexation including non-consenting owners - Notice of meeting to consider resistance to Dubuque's motion to dismiss. In the matter of the City of Asbury Voluntary Annexation within the urbanized Area of the City of Dubuque and the City of Dubuque Voluntary Annexation including some land without the consent of the owner - Notice of meeting to consider voluntary annexation within the urbanized area. 6. Suggested Disposition: Receive and File U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising that the City of Dubuque's audit report for the period July 1, 2002 through June 30, 2003 has been closed. Suggested Disposition: Receive and File Nays Michalski Nicholson ! Buol f). Cline Connors Duggan Markham Ayes 3 . . . 9. 10. 11. 7: Pre-Disaster Mitigation Plan City Manager recommending approval of changes to the City of Dubuque Pre-Disaster Mitigation Plan as suggested by the State of Iowa Homeland Security and Emergency Management Division. Suggested Disposition: Receive and File; Approve 8. Code of Ordinance Supplement No. 60 City Manager recommending adoption of Supplement No. 60 to the Code of Ordinances of the City of Dubuque, Iowa. RESOLUTION ?P- 0' -/ Adopting Supplement No. 60 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Governor's Traffic Safety Grant City Manager recommending approval of a grant application to the Governor's Traffic Safety Bureau for a three year Governor's Traffic Safety Grant. Suggested DispOsition: Receive and File; Approve Residential Parking Permit District - Cornell Street Communication from residents at 1493 Cornell Street, 509 Loras Boulevard and 1401 Henion Street requesting that their names be removed from the Residential Parking Permit District petition for this area. Suggested Disposition: Receive and File; Refer to City Manager Northeast Iowa School of Music City Manager submitting a letter to the Iowa Community Cultural Grant Committee in support of the Northeast Iowa School of Music's request for funding of a full-time Office Manager. Suggested Disposition: Receive and File; Approve Ayes Nays Michalski Nicholson \ Buol ),Cline Connors Duggan Markham 4 . . . 12. 13. Business License Refund Request of Brandon Merrick, Jumpers Sport Bar and Grill, for a refund of his beer and liquor combination license in the amount of $422.50. Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION 7 f' - ¿f' J/' Granting the issuance of a Class "C" BeerlLiquor License to The Clubhouse, PJ's Tap, Eagles Club and Copper Kettle Suggested Disposition: Adopt Resolution Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 5 . 1. 2. 3. 4. 5. . . ITEMS TO BE SET FOR PUBLIC HEARING South Grandview Avenue - Request to Vacate - March 15, 2004 Seward Street - Request to Vacate - March 15, 2004 Utility Easement - Carter Road Detention Basin - March 15, 2004 Flood Hazard Mitigation Demolition Project - Phase II - April 5, 2004 Greater Downtown Urban Renewal District - April 19, 2004 þ¡ýes Nays ~ /jI' @E!ChaISki Icholson I Buol I / {'Cline í V Connors ( / Duggan / Markham 1. South Grandview Avenue - Request to Vacate City Manager recommending that a public hearing be set for March 15, 2004 to consider a request from six property owners for the vacating of the northerly portion of an alley west of South Grandview Avenue between Altman Street and Whelan Street. RESOLUTION ;;?Z/. {J~ Of intent to dispose of City interest in Lots 8A, 9A, 10A, 17A and 20A of Grand View Place and Lot 1A of South Grandview Place, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/15/04 6 . 8 8 2: 3. 4. Seward Street - Request to Vacate Communication from Gerald and Christine PenhOllow requesting to purchase a portion of a City street and alleys abutting property at 777 Seward Street. City Manager recommending that a public hearing be set for March 15, 2004 to consider a request from Gerald and Christine Penhollow to vacate Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition. RESOLUTION P7~¿;:lÝ Of intent to dispose of City interest in Lot 13A, Lot 16A, and Lot 20A in C.H. Meyer's Addition, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/15/04 Utility Easement - Carter Road Detention Basin City Manager recommending that a public hearing be set for March 15, 2004 to consider the vacating of a utility easement in the area of the embankment for the Carter Road detention facility to ensure the structural integrity of the embankment. RESOLUTION ¿?'¿? - 0' / Of intent to dispose of interest and vacate a utility easement over Lot 2 of Whites Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/15/04 Flood Hazard Mitigation Demolition Project - Phase II City Manager recommending initiation of the public bidding process for the Flood Hazard Mitigation Demolition Project - Phase II and that a public hearing be set for April 5, 2004. RESOLUTION 573 - tJ </ Approving plans and specifications RESOLUTION ??L/. - tY V Setting date for public hearing on plans and specifications RESOLUTION ?t7 - e Ý Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/5/04 ~v Iv \1 ~ l)J 7 . . . 5. Greater Downtown Urban Renewal District City Manager recommending adoption of a Resolution of Necessity that begins the process of creating a new Greater Downtown Urban Renewal Plan, combining the existing Downtown Dubuque and Ice Harbor Urban Renewal Districts, and setting a public hearing for April 19, 2004 to consider the new plan. RESOLUTION ??t? . c1?/' Of Necessity finding that the area included in the Greater Downtown Urban Renewal District is a blighted area and that the rehabilitation and redevelopment of the District is necessary and appropriate in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/19/04 8 . . . BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: '1 Community Development Advisory Commission (One 3-YearTerm Through 2I15/oI'from Low/Moderate Income Area: jj~ Applicant: Michael Gukeisen -?! Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06) Applicant: Thomas G. Swift Appointments to the following Board: Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06 and Three 3-Year Terms Through 1/11/07 - Schaub, Kinsella, Swift) Applicants: William J. Kinsella, Robert Schaub, Edward Swift A)f9s Nays all, _;;:;:ì)MichaISki / / (51 Nicholson /",( Buol // Cline //. Connors / / Duggan / f!) Markham 9 . . . PUBLIC HEARINGS SUSPEND THE RULES .9&~) Nays // W Michalski í, (!) Nicholson I Buol ~ Cline I '/ Connors (/ Duggan / Markham 1. Residential Parking Permit District - Rosemont Street Proof of publication on notice of hearing to consider the establishment of a Residential Parking Permit District on Rosemont Street between Pennsylvania Avenue and Creston Court and City Manager recommending approval. ORDINANCE q"-tJi7' Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (A) of Section 32-397 thereof providing for the' designation of Rosemont Street from Pennsylvania Avenue to Creston Court as, K , '"[) . J Residential Parking Permit District l Jv D' 0 , J Suggested Disposition: Receive and File; Motion B; Motion A m, ')' .¡ 1tJ?/'.! oþ id~¡ 1,/ d, ' ::" es M!Ch::~ ~~~!)i(, ð L, ' ~r // f) NIcholson L ?J;a 1/ I Buol I NI! //1 /')21" Cline O,'þJ~dJ ,;jJ. ~/, D~;;~: 0 cf~j;) Y' ._m ~ 10 8 . . 2. Fremont Avenue Reconstruction Project Proof of publication on notice of hearing and notice to bidders and City Manager recommending approval of the plans and specifications for the Fremont Avenue Reconstruction Project. RESOLUTION :;>7 ~ c:J -/ Adopting plans and specifications RESOLUTION ¿;:??-. ¿f' ~ With respect to the adoption of the Resolution of Necessity proposed for the Fremont Avenue Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutiol'Ó Ayes Nays //,' Q), Michalski / / (jINicholson // ' Buol // Cline / / Connors / '/ Duggan (i) Markham REINSTATE THE RULES Ayes Nays / Michalski ~ø Nicholson // I Buol / / Cline // .- t:ri)Connors l¿' Duggan / Markham 12 . . . ACTION ITEMS 1~6 ø' 1. Harvest View Estates Fifth Addition - Final Plat City Manager recommending approval of the final plat for the Harvest View Estates Fifth Addition. RESOLUTION f?? -¿f' Ý Approving the final plat of Harvest View Estates Fifth Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution AyJis Nays ; Michalski /, Nicholson '/ Buol / /«?)' Cline / / Connors Duggan / (j Markham 13 . . . 2." Joint City/County Fringe Area Policy Agreement Communication from the Joint City/County Planning Committee recommending adoption of the Fringe Area Policy Agreement between the City of Dubuque and Dubuque County for the two mile fringe area around Dubuque. Long Range Planning Advisory Commission recommending adoption of the Fringe Area Policy Agreement as developed by the Joint City/County Planning Committee. Communication from Planning Services Manager Laura Carstens to Dubuque County Zoning Administrator Anna O'Shea providing information about pre-annexation agreements. Minutes of the February 19, 2004 Joint City/County Planning Committee. RESOLUTION 9¿:J ~ t? ¥ Adopting a Fringe Area Policy Agreement between Dubuque County and the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Me~ Nays /; lV Michalski 1/ Nicholson 1/ Buol 1/ @JCline 1/ Connors I" Duggan / Markham 14 . j . /. J,' , ,", ., " I J q/.f} f)/¡/ ." :f / " Ij , ~.otA. .r~ . I If V; I; %J¡Jh) ) J. rl?r/ 11'f!){/~~ I 11~ I . . 3. . . Stormwater Utility Credit Policy {lJI City Manager recommending adoption of the Stormwater Management, Utility Policies . A' VT( and Procedures Manual prepared by City staff and CDM, the City's stormwater utility. n j/ consultant, and the procedures and policies established within the manual , JIY: Suggested Disposition: Receive and File; Approve Æ' 0 A'J&s Nays I 1 HJ/¡ 1 ' 1,/ M!chalski ~' (' 11 I ~ NIcholson ^ // Buol ;j ;/,' (i), pline ef..°nnors / ,,' Duggan / Markham 4. Busted Lift Special Event \ City Manager submitting information regarding the Busted Lift's request. to hold a S~t. )1{ ? Patrick's Day event. ,I ¡~ Suggested Disposition: Receive and FiI,e; Council Direction ;r._I,,~Jf,' ,V' A Ayes Nays If' 7 / Michalski ;1 , / Connors / '/ Duggan Markham COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concem 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. 15 . . . 5. Grand River Center - Bid Package #3 Retainage Reduction City Manager recommending requests for payment for the Grand River Center and that the retainage be reduced. . RESOLUTION f / ' Cl ~ Authorizing the release of Retained Funds to J.P. Cullen and Sons, Inc. for the construction of the Grand River Center. Suggested Disposition: Receive and File; Adopt Resolution ~yes Nays ~ Michalski / / Nicholson / / IÍl Buol / ~line ~ Connors / , Duggan '/ Markham 17 . 8 . CLOSED SESSION Property Acquisition - Chapter 21.5(1)(j) 2003 Code of Iowa Motion to go into Closed Session at /';/0 .'!e~ Nays "/ MiCh. alski / Nicholson ~/ . Buol . Cline /. Connors //. Duggan Markham Motion to adjoum at 7;;:;7 Ayes Nays Michalski Nicholson Buol Cline Connors Duggan Markham 16 ¿;;;:', ,~/ . ~~ø-x/ ~ ¿--~/~ ~~ 9L.~ J~~~~~~.Þ ¿J~A? /'~ ¿; ~~ ~..~//'~' w~~~~" . ~~/~ P/~~þ~~ ~ r /~ ~~.P ~ .---= ~~-~~ ~Lk!5 dJ ~ /øV-ø¥~~~~ ' . ~ _~Jy'~d~~ ~ ~~' ~ ~~ ,ø-c/ ~. ~ ~~Àd~.. '- , .J./' /JJi//1 -~~-;6~~ yI~ }I