3 1 04 Skeleton Sheet
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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'
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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
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ACTION ITEMS
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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
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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
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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.
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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
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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
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