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3 15 04 City Council Proceedings CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, March 15, 2004 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 Van Milligen, Corporation Counsel Lindahl. 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 was given by Msgr. David Wheeler of St. Mary's Catholic Church. CONSENT ITEMS Minutes and Reports Submitted: City Council of 2/26; 3/1 and 3/3; Civil Service Commission of 1/23 and 2/11; Environmental Stewardship Advisory Commission of 3/2; Historic Preservation Commission of 2/24; Housing Commission of 1/27; Human Rights Commission of 2/9; Zoning Board of Adjustment of 2/25, upon motion received and filed. Proof of publication of City Council Proceedings for 2/16 and 2/19, upon motion received and filed. Printed Council Proceedings for month of December, 2003, upon motion received and filed and approved as printe<:l. Finance Director submitting the City of Dubuque Financial Reports for the month ending February 29, 2004, upon motion received and filed. Library Board of Trustees Update from the meeting of February 26, 2004, upon motion received and filed. Notice of Claims/Suits: Sarah J. Neis for vehicle damage; Mary Lou Ness vs. City of Dubuque, Iowa; St. Columbkille Catholic Church for property damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel recommending settlement of the claim of St. Columbkille Catholic Church for property damage and directing the Finance Department to issue payment, upon motion received and filed and approved recommendation and Finance Department to issue payment. Citizen Communication: Communication from Connie Walsh, Administrative Director - Tri-State Pregnancy Center, regarding a sewer lateral break under the street at their business and requesting financial aid and communications from the City Manager in response to the above request from Connie Walsh, Tri-State Pregnancy Center, upon motion received and filed. Iowa Department of Inspections and Appeals: City Manager recommending approval of an Interagency 28E Agreement between the City of Dubuque and the Iowa Department of Inspections and Appeals for the performance of investigations in the Section 8 rental assistance program, upon motion received and filed and approved recommendation. Delbert Miller - Carter Road Detention Basin: Corporation Counsel advising that negotiations for property necessary for the construction of the Carter Road Detention basin have not been successful and recommending that the City commence with eminent domain proceedings and communication from Brian J. Kane, representing Del Miller, regarding the City's proposed eminent domain proceedings for acquisition of the necessary property, upon motion received and filed. Michalski moved adoption of Resolution No. 97-04 Authorizing the acquisition by eminent domain of certain real property owned by Delbert G. Miller in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Larry Miller - Carter Road Detention Basin: Corporation Counsel advising that negotiations for an easement necessary for the construction of the Carter Road Detention basin have not been successful and recommending that the City commence with eminent domain proceedings, communication from Brian J. Kane, representing Larry Miller, regarding the City's proposed eminent domain proceedings for acquisition of the necessary easement, and City Manager's response to communication from Brian J. Kane, upon motion received and filed. Michalski moved adoption of Resolution No. 98-04 Authorizing the acquisition by eminent domain of certain real property owned by Larry W. and Kathy F. Miller in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Miller-Riverview Park Management Agreement: City Manager recommending approval of a management agreement with Pat Felderman for Miller-Riverview Park, upon motion received and filed and approved recommendation. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Solid Waste Agency Administrator and Cashier, upon motion received and filed and made a matter of record. John F. Kennedy Road Reconstruction Project - Final Assessments: City Manager recommending approval of the final assessment schedule for the John F. Kennedy Road Reconstruction Project, upon motion received and filed. Michalski moved adoption of Resolution No. 99-04 Adopting the final assessment schedule for the John F. Kennedy Road reconstruction Project (Spring Valley Road to Barony Drive) including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Nicholson. Motion carried 7-0. Establishment of Fair Market Value - Auto Glass Center: City Manager recommending approval of the establishment of the fair market value of three properties currently owned by Elm Real Estate, LC (Auto Glass Center) that are needed as right-of-way for the realignment of University Avenue, upon motion received and filed. Michalski moved adoption of Resolution No. 100-04 Establishing fair market value for the acquisition of certain real property owned by Elm Real Estate, LC in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Dubuque Industrial Center West - Chavenelle Drive Repair Work: City Manager recommending acceptance of the $8,400 settlement from McAninch Corporation to pay part of the costs of the repairs needed to Chavenelle Drive in Dubuque Industrial Center West, upon motion received and filed and approved recommendation. Rehabilitation of 1195 Thomas Place: City Manager recommending approval of an agreement with Anna Kim, the new owner of 1195 Thomas Place, extending the deadline to complete repairs required for installation of City sanitary sewer to April 1, 2005, and putting the agreement in her name, upon motion received and filed and approved recommendation. 2004 - 2005 De.er Management Plan: City Manager recommending continuation of the Urban Deer Management Plan for the 2004 - 2005 season as was conducted this year, along with the changes in the any sex tag incentive, upon motion received and filed and approved recommendation. 2 ------ -_. ..--. Mercy Health Center Banners: City Manager recommending approval of a request from Mercy Health Center to install banners on City right-of-way that commemorate 125 years of service to the community, ùpon motion received and filed and approved recommendation. Cedar Crest Subdivision - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Cedar Crest Subdivision located at 15547 Route 20 West in Dubuque County, upon motion received and filed and approved recommendation. Kopps John F. Kennedy Addition No.2 - Correction Plat: Zoning Advisory Commission recommending approval of the correction plat of Kopps John F. Kennedy Addition No.2 as requested by Flint Drake/Kopp Family Investments, loP., upon motion received and filed. Michalski moved adoption of Resolution No. 101-04 Approving the final plat of Kopps John F. Kennedy Addition No.2 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Land and Water Conservation Fund (LWCF) Grant: City Manager recommending approval of a grant application to the Iowa Department of, Natural Resources for a Land and Water Conservation Fund (LWCF) grant in the amount of $125,000 for construction of Pyatigorsk Park, upon motion received and filed. Michalski moved adoption of Resolution No. 102-04 Authorizing a grant application to the Iowa Department of Natural Resources for Federal Land and Water Conservation Funds for the development of Pyatigorsk Park. Seconded by Nicholson. Motion carried 7-0. Demolition Request: Historic Preservation Commission recommending approval of a request to demolish a structure at 300 Iowa Street (former United Rental Building) at the request of the City of Dubuque, upon motion received and filed and approved recommendation. First Amendment - Southwest Arterial Design Agreement: City Manager recommending approval of the First Amendment to the agreement between the City of Dubuque, Dubuque County and the Iowa Department of Transportation for the completion of an addendum to the 1999 Southwest Arterial Environmental Assessment and approval of an additional payment of $73,540 for a total contract amount of $667,530, upon motion received and filed. Ted Gifford, 3100 Eagle Point Dr., spoke objecting to the huge cost overrun on this project. Buol moved adoption of Resolution No.1 03-04 Approving First Amendment to an agreement between the City of Dubuque, Dubuque County, and the Iowa Department of Transportation for the completion of the addendum for the 1999 Southwest Arterial Environmental Assessment. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Grant and Staffing Recommendation: City Manager recommending acceptance of a Certified Local Government (CLG) Grant Agreement with the State Historical Society of Iowa to conduct Phase V of the architectural/historic survey of the community and authorizing the hiring of ECIA to provide GIS support, upon motion received and filed. Michalski moved adoption of Resolution No. 104-04 Approving a Certified Local Government (CLG) Grant Agreement to conduct an architectural/historic survey. Seconded by Nicholson. Motion carried 7-0. Deed of Gift of Artwork for Grand River Center: City Manager recommending acceptance of a Deed of Gift recognizing the donation of artwork by Kay Norman and the conditions on the gift, upon motion received and filed and approved recommendation. Application for Homeownership Assistance Funds: City Manager recommending approval of the City's sponsorship of an application to the Federal Home Loan bank (FHLB) for Affordable Housing Program funds to assist income-qualifying families to purchase a home, upon motion received and filed. Michalski moved adoption of Resolution No. 105-04 Authorizing sponsorship of an application to the 3 Federal Home Loan Bank of Des Moines for Affordable Housing Program funds. Nicholson. Motion carried 7-0. Seconded by Fringe Area Policy Agreement: Communication to the Dubuque County Board of Supervisors regarding the adoption of the Fringe Area Policy Agreement, upon motion received and filed. Lead Hazard Reduction Program Contract: City Manager recommending approval of an amended contract with the US Department of Housing and Urban Development (HUD) for administration of the Lead Hazard Reduction Program, upon motion received and filed and approved recommendation. Business Licenses: Michalski moved adoption of Resolution No. 106-04 Granting the issuance of a Class "C" Beer/Liquor License to Ground Round, Bunker Hill Golf Course, Yardarm Restaurant, and Days Inn and Resolution No. 107-04 Granting the issuance of a Class "B" Beer (6 Month License) to Baseball Dreamers. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Utility Franchise Agreement with Maquoketa Valley Electric Cooperative: City Manager recommending that a public hearing be set for April 5, 2004 to consider a Utility Franchise Agreement with Maquoketa Valley Electric Cooperative to be effective May 1, 2004, upon motion received and filed. Cline moved adoption of Resolution No.1 08-04 Setting the date for the public hearing on the Utility Franchise Agreement with Maquoketa Valley Electric Cooperative with said public hearing to be 4/5/04 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. Seconded by Nicholson. Motion carried 7-0. Amendment to Utility Franchise Agreements with Aquila and Alliant Energy: City Manager recommending that a public hearing be set for April 5, 2004 to consider approval of an amendment to the Utility Franchise Agreements with Aquila and Alliant Energy to provide that the franchise fee applies to all sales of gas or electricity to residential customers regardless of sales tax exemptions, upon motion received and filed. Cline moved adoption of Resolution No.1 09-04 Setting the date for the public hearing on an amendment to the franchise agreement between the City of Dubuque, Iowa and Aquila and Resolution No. 110-04 Setting the date for the public hearing on an amendment to the franchise agreement between the City of Dubuque, Iowa and Alliant Energy with said date of public hearing to be 4/5/04 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. Seconded by Nicholson. Motion carried 7-0. Loras Boulevard Historic Lighting Project - Initiate: City Manager recommending initiation of the public bidding process for the Loras Boulevard Historic Lighting Project and that a public hearing be set for April 5, 2004, upon motion received and filed. Cline moved adoption of Resolution No. 111-04 Preliminary approval of plans and specifications; Resolution No. 112-04 Setting date of hearing. on plans and specifications for 4/5/04 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. 113-04 Ordering bids. Seconded by Nicholson. Motion carried 7-0. Westbrook Subdivision Water Main and Service Line Extension Project - Phase I: City Manager recommending initiation of the public bidding process for the Westbrook Subdivision Water Main and Service Line Extension Project and that a public hearing be set for April 19, 2004, upon motion received and filed. Cline moved adoption of Resolution No. 114-04 Preliminary approval of plans and specifications; Resolution No. 115-04 Setting date of hearing on plans and specifications for 4/19/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish 4 ,""_.. notice in the manner prescribed by law; and Resolution No. 116-04 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 Boards/Commissions: Environmental Stewardship Advisory Commission (One 3-Year Unexpired Term Through 10/1/05); Applicant: Sr. Mary Clare O'Toole Zoning Board of Adjustment (One 5-Year Term Through 3/25/09 - Term of Gasper) Applicant: William M. Gasper Appointments to the following Boards/Commissions: Community Development Advisory Commission (One 3-Year Term Through 2/15/07 from Low/Moderate Income Area): Applicant: Michael Gukeisen. Upon motion Michael Gukeisen appointed to the Community Development Advisory Commission for a three year term which will expire 2/15/07. Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06) Applicant: Thomas G. Swift. Upon motion Thomas G. Swift reappointed to the Housing Code of Appeals Board for a term to expire 1/11/06. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Mayor Duggan turned control of the meeting to Mayor Pro-Tem Nicholson due to possible conflict of interest. Buesing & Associates, Inc.lTìm Quagliano - Request to Rezone: Proof of publication on notice of hearing to rezone property at the northeast corner of Asbury Road and the Northwest Arterial from AG Agricultural District to C-3 General Commercial District and Zoning Advisory Commission recommending approval, upon motion received and filed. Ken Buesing of Buesing and Associates, spoke in favor of the proposed rezoning and stated he would be coming back to the City Council for approval of an access on the Northwest Arterial. Ordinance No. 14-04 Amending Appendix A (the Zoning Ordinance) by reclassifying property located at the northeast comer of Asbury Road and the Northwest Arterial from AG Agricultural District to C-3 General Commercial District, presented and read. Buol moved that the requiremenUhat a proposed Ordinance be considered. and voted o.n 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 Markham. Motion carried 6-0. Mayor Duggan retumed and took control of the meeting. South Grandview Avenue - Request to Vacate: Proof of publication on notice of hearing 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 and City Manager recommending approval, upon motion received and filed. Buol moved adoption of Resolution No. 117-04 Approving plats of the northerly portion of proposed vacated alley west of South Grandview Avenue between Altman Street (a/k/a St. Joseph Street) and Whelan Street. Seconded by Cline. Motion carried 7-0. Ordinance No. 15-04 Vacating the northerly portion of the alley west of South Grandview Avenue between Altman Street (a/k/a St. Joseph Street) and Whelan Street, 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 Cline. Motion carried 7-0. Buol moved 5 adoption of Resolution No. 118-04 Disposing of City interest in Lots 8A, 9A, 10A, 17 A and 20A of Grand View Place and Lot 1A of South Grandview Place, Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Seward Street - Request to Vacate: Proof of publication on notice of hearing 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 and City Manager recommending approval, upon motion received and filed. Buol moved adoption of Resolution No. 119-04 Approving plat of proposed vacated Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition. Seconded by Markham. Motion carried 7-0. Ordinance No. 16-04 Vacating Sac Street and two alleys north of Seward Street inC.H. Meyer's Addition, 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 Markham. Motion carried 7-0. Buol moved adoption of Resolution No. 120-04 Disposing of City interest in Lot 13A, Lot 16A, and Lot 20A in C.H. Meyer's Addition, Dubuque, Iowa. Seconded by Markham. Motion carried 7-0. Utility Easement - Carter Road Detention Basin: Proof of publication on notice of hearing 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, upon motion received and filed. Cline moved adoption of Resolution No. 121-04 Disposing of interest and vacate a utility easement over Lot 2 of Whites Place in the City of Dubuque, Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. . Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Boulder Slide of Eagle Point Bluff: Communication from Carol Sula and Charles Winterwood, M~D., requesting that the City Council direct the City Manager and staff to investigate the latest boulder slide at Eagle Point Bluff, upon motion moved to table discussion on this matter. Presentation of Addy Award: City Manager advising that the logo design for the Grand River Center, created by McCullough Creative Group and the City's Logo Design Committee, recently took first place in the Elements of Advertising/Logo category of the local American Advertising Federation competition, commonly known as the Addy Awards and the Logo Design Committee to present the Addy Award to the City of Dubuque, upon motion received and filed. Sue Czeshinski and Sue Moran presented the award to the Council. East 9th and East 11th Street Connector: Zoning Advisory Commission recommending approval of the renaming of the connector between East 9th and East 11th Streets to Elm Street as requested by the City of Dubuque, upon motion received and filed. Ordinance No. 17-04 Naming a roadway designated as West 911 Connector from East 9th Street to East 11th Street to Elm Street, presented and read. Buol moved thatthe 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 Markham. Motion carried 7-0. The following item was removed from the Agenda at the request of the Historic Preservation Commission: Warehouse Demolition District - Historic Preservation Commission recommending approval of the establishment of a Warehouse Neighborhood Demolition District and an Ordinance Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4(a) by creating the Warehouse Neighborhood Demolition District. 6 ,- Alexander Company - Draft Agreement: City Manager recommending approval of a one-year lease !agreement with Alexander Company for development of the former Dubuque Star Brewery Building, upon motion received and filed. Cline moved adoption of Resolution No. 122-04. Approving a lease agreement and loan agreement for the former Star Brewery between the City of Dubuque,' Iowa and Historic Star Redevelopment LLC. Seconded by Nicholson. Motion carried 7-0. Miller & Van Eaton and CBG Communications - Cable Franchise Renewal: City Manager recommending that the City execute letters of engagement with the Miller & Van Eaton law firm and CBG Communications, Inc. to expand the scope of their services with regard to the cable franchise renewal process, upon motion received and filed and approved recommendation. Cable Franchise Fee Payment Analysis: City Manager recommending approval of a contract with Lewis & Associates of Hollywood , Florida, to conduct an analysis of Mediacom's franchise fee payments to the City of Dubuque for calendar years 2002 and 2003, upon motion received and filed and approved recommendation. Fremont Avenue Reconstruction: City Manager recommending award of the contract for the Fremont Avenue Reconstruction Project to WC Stewart Construction Co., in the amount of $739,421.63, upon motion received and filed. Cline moved adoption of Resolution No. 123-04 Awarding contract to WC Stewart Construction Co. Seconded by Michalski. Motion carried 7-0. Fiscal Year 2005 Budget - Fee Ordinances: City Manager recommending adoption of two ordinances that were inadvertently left off of the agenda for the Fiscal Year 2005 Budget public hearing, upon motion received and filed. Ordinance No. 18-04 Amending the City of Dubuque Code of Ordinances Section 44-202 Fire Sprinkler Service and Ordinance No. 19-04 Amending Section 32-337 of the City of Dubuque Code of Ordinances Parking Meters Fee Schedule, presented and read. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. COUNCIL MEMBER REPORTS Markham commented on the proposed Alliant Electric Co. increase and questioned if it was appropriate to have Staff send a letter to the Iowa Utility Board in opposition. Michalski requested that citizens do not send anonymous letters to the City Council. At 7:41 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation - Chapter 21.5(t)(c) 2003 Code of Iowa. At 8:14 P.M. Council reconvened stating staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:15 P.M. 1t 3/24 ~4¿/~ä:QJ V;eanne F. Schneider, CMC City Clerk 7 , , ""'"