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7 6 04 Skeleton Sheet CITY COUNCil REGULAR SESSION, JULY 6, 2004 COUNCil MET IN REJULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM 8 PRE~~~ MAY~~UGGAN, C9UNCIl MEMBERlsuOl, CLiNE, C~ORS, MARio/AM, MICtJAlSKI, NICH,.øL N CITY MANAGER V~ "'}"'"" RPORATION cou.s;:.. UNDAHL ABSENT, r # 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 Jerry E. Oakland, Pastor of St. Luke's United Methodist Church PROCLAMATIONS: ~~~- ~ Grand Excursion 2004 c . '/ ~d~ 8 . 8 . . ) 11,7 (p'/ CONSENT ITEMS Ay.és Nays V/ Connors / / Duggan / / Markham ~. ichalski icholson Buol Cline 1. Minutes and Reports Submitted Airport Commission of 6/9 and 6/21; Building Code Board of Appeals of 6/28; Cable TV Teleprogramming Commission of 6/1; City Council of 6/21 and 6/29; Civil Service Commission of 5/19; Community Development Advisory Commission of 6/9; Housing Commission of 5/25; Carnegie Stout Public Library Update from Meeting of May 27, 2004 and June 24, 2004 Proofs of publication of City Council Proceedings of June 7, 2004 and List of Claims and Summary of Revenues for month ending May 31, 2004 (on file in City Clerk's Office) 2. Suggested Disposition: Receive and File Notice of Claims/Sui1s Arlene Bovee for vehicle damage; Craig Christ vs. City of Dubuque for property damage; James Fuerstenberg for personal injury; Martha L. Mills for personal injury; Rick D. Mueller for vehicle damage; Amanda Schaver for vehicle damage; Nancy WIlliams for personal injury; Wells Fargo Bank vs. City of Dubuque, et al; 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 Services of Iowa, the agent for the Iowa Communities Assurance Pool: Arlene Bovee for vehicle damage; TImothy G. Clark for personal injury; James Fuerstenberg for personal injury; Martha L. Mills for personal injury; Amanda Schaver for vehicle damage; Nancy L. WIlliams for personal injury; Corporation Counsel recommending settlement of the claim of Dale Hefel for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment 2 . 3. . . Iowa Department of Economic Development Communication from the Iowa Department of Economic Development congratulating the City on the successful completion of the Community Economic Betterment Account (CEBA) Project with Trilog, Inc. Suggested Disposition: Receive and File 4. Iowa Department of Public Health Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association City Manager recommending approval of a contract with Dubuque County Board of Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association for services related to the CLPPP. RESOLUTION ~ g - tJ1/' Authorizing the City Manager or his designee to sign a contract with the Dubuque County Board of Health and ah agreement with the Dubuque VISiting Nurse Association Suggested Disposition: Receive and File; Adopt Resolution 5. Interagency Agreement Between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County City manager recommending approval of an Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas. Suggested Disposition: Receive and File; Approve Agreement Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 3 CITY COUNCIL REGULAR SESSION, JULY 6, 2004 COUNCIL MET IN REJULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM 8 PRESI¥~~ MAY~~UGGAN, C9UNCIL MEMBERlsuOL, CLiNE, C~ORS, MARKJ:fAM, MICtJALSKI'rICHPL N CITY MANAGER V~ Ie RPORAT1ON ~ LINDAHl. ABSENT, r {} 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 Jerry E. Oakland, Pastor of St. Luke's United Methodist Church PROCLAMATIONS: . =::=:. ~<'h~ . 8 . . ) 11,7 (p'/ CONSENT ITEMS A'f)fs Nays V/ Connors / / Duggan / / Markham ~iChalSki icholson Buol Cline 1. Minutes and Reports Submitted Airport Commission of 6/9 and 6/21; Building Code Board of Appeals of 6/28; Cable TV Teleprogramming Commission of 6/1; City Council of 6/21 and 6/29; Civil Service Commission of 5/19; Community Development Advisory Commission of 6/9; Housing Commission of 5/25; Camegie Stout Public Library Update from Meeting of May 27,2004 and June 24,2004 Proofs of publication of City Council Proceedings of June 7, 2004 and List of Claims and Summary of Revenues for month ending May 31,2004 (on file in City Clerk's Office) 2. Suggested Disposition: Receive and File Notice of Claims/Sui1s Arlene Bovee for vehicle damage; Craig Christ vs. City of Dubuque for property damage; James Fuerstenberg for personal injury; Martha L. Mills for personal injury; Rick D. Mueller for vehicle damage; Amanda Schaver for vehicle damage; Nancy WIlliams for personal injury; Wells Fargo Bank vs. City of Dubuque, et al; 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 Services of Iowa, the agent for the Iowa Communities Assurance Pool: Arlene Bovee for vehicle damage; TImothy G. Clark for personal injury; James Fuerstenberg for personal injury; Martha L. Mills for personal injury; Amanda Schaver for vehicle damage; Nancy L. WIlliams for personal injury; Corporation Counsel recommending settlement of the claim of Dale Hefel for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment 2 . 3. . . Iowa Department of Economic Development Communication from the Iowa Department of Economic Development congratulating the City on the successful completion of the Community Economic Betterment Account (CEBA) Project with Trilog, Inc. Suggested Disposition: Receive and File 4, Iowa Department of Public Health Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association City Manager recommending approval of a contract with Dubuque County Board of Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association for services related to the CLPPP. RESOLUTION ~ g - tJ1/' Authorizing the City Manager or his designee to sign a contract with the Dubuque County Board of Health and an agreement with the Dubuque Visiting Nurse Association Suggested Disposition: Receive and File; Adopt Resolution 5. Interagency Agreement Between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County City manager recommending approval of an Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas. Suggested Disposition: Receive and File; Approve Agreement Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 3 . 6, . . Iowa Department of Transportation Agreement City Manager recommending approval of an agreement with the Iowa Department of Transportation for the preliminary design of Iowa Highway 32 (Southwest Arterial). RESOLUTION ¿íI¿; ? - tl ~ Approving the Iowa Department of Transportation Agreement for the preliminary design of Iowa Highway 32 (Southwest Arterial) Suggested Disposition: Receive and File; Adopt Resolution 7, Collective Bargaining Agreement with the International Union of Operating Engineers City Manager recommending approval of a three-year agreement with the International Union of Operating Engineers, Local #758. RESOLUTION ¿;-7¿J- cr Approving agreement between the City of Dubuque, Iowa, and the Intemational Union of Operating Engineers, Local #758, and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution 8, Service Agreement with TRICOR Safety Consulting City Manager recommending approval of an agreement with TRICOR Safety Consulting Services to provide hazardous communication training and to develop an emergency action plan for the Operations and Maintenance Department. Suggested Disposition: Receive and File; Approve Agreement 9. Letter of Understanding - Dubuque Professional Firefighter's Association City Manager recommending approval of a Letter of Understanding with the Firefighter's Association to provide payroll deduction services for the FIREPAC Check-Off Program. Suggested Disposition: Receive and File; Approve Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 4 . 10. 11, 12. 8 13. . 14. City Manager Employment Agreement Submittal of the Thirteenth Amendment to the City Manager's Employment Agreement for approval. Suggested Disposition: Receive and File; Approve Civil Service Commission Civil Service Commission submitting the certified list for the position of Police Officer. Suggested Disposition: Receive and File; Make a Matter of Record Community Development Block Grant (CDBG) Agreement City Manager recommending approval of a Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1.481 ,000 for the program year beginning July 1, 2004 and ending June 30, 2005. RESOLUTION ¿; 7/.. ¿J . Ý Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution Hy-Vee Communication from Hy-Vee requesting to purchase a portion of Railroad Avenue between Harrison Street and West Locust Street. Suggested Disposition: Receive and File; Refer to City Manager Business License Transfer Request of the Dubuque County Historical Society to transfer their liquor license to the Taste of Dubuque site on August 4,2004. Suggested Disposition: Receive and File; Approve Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 5 . 15. 8 8 Business Licenses RESOLUTION ¿J- /' ¿; - ¿J ~ Granting the issuance of two renewal cigarette licenses to Jym's Bar and the Midway HotellHoffman House RESOLUTION ??:3 - ð <;/ Granting the issuance of a Class "B" Beer (5-Day Special Event) to Dubuque Jaycees (Tents A, B and C); Class "C" Beer Permit to Cedar Cross Amoco RESOLUTION :?J 2/ ~(J I' Granting the issuance of a Class "C" Beer/Liquor License to Toreros, Knicker's Saloon, Walnut Tap, Fischer Lanes, Diamond Jo Casino Portside, and The Clubhouse; Class "B" Native Wine Permit to Basket Expressions; and Class "E" Liquor License to Hy-Vee #1 and #2 Suggested Disposition: Adopt Resolutions Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 6 BOARDS/COMMISSIONS . Applicants are invited to address the Council regardihg their desire to serve on the following Commission: Five Flags Civic Center Commission (One three-year unexpired term which will expire 6/29106; Three three-year terms which will expire 6/29/07 - terms of Nauman, Bakke, Brannon) Applican1s: Rod Ba~ke, ~el P. Brannon Appointments to the fo:¡f¿;~9 Commissions: Historic Preservation Commission (Two three-year terms which will expire 7/1/07 [Jackson Park District-term of Bichell and West 11th District- Term of Whalen]; One unexpired three year term through 7/1105) ~'D7;\f?--P.~ TI:~~~_-ï~~11' (/'i II . / Connors / ~,t) ~ \~ Duggan'" ~ ~ -'" Markham / Michalski /Nicholson /Buol /Cline vII . Investment Oversight Commission (Two three-year terms which will expire 7/1/07) Applicants: Stephen Reisdorf; Gary Ruden Ayes Nays j Connors ~ / tP'~gga. n / ~rkham / Michalski / ~icholson / uol / Cline . 7 . . . Zoning Advisory Commission (Two three-year terms which will expire 7/1/07) Applicants: Eugene Bird, Jeff Stiles ~yes Nays /.1 Connors Duggan / Ð Markham /; ~MichalSki icholson / / Buol / Cline 8 . . . PUBLIC HEARINGS SUSPEND THE RULES rJ/~ Ayes Nays /, Connors // Duggan . / Markham // Michalski 1; ~. N. icholson //JBuol / line 1, Blanche Avenue - Request to Vacate Proof of publication on notice of hearing to consider a request from John M. Lanser and Jean M. Mastin to vacate and purchase a portion of Blanche Avenue from Vivian Avenue west 250 feet and City Manager recommending approval. RESOLUTION ¿r?,5 - cJ Ý Approving plat of proposed vacated Blanche Avenue from VIVian Avenue west 250 feet ORDINANCE y t:? - {9 ( Vacating Blanche Avenue from Vivian Avenue west 250 feet RESOLUTION ?7 ¿ . ð Ý Disposing of City Interest in Lot 136A of Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa sog."'" -....; ReceIve and "'Ie; Adopt R...lutions; Motion B~ Ayes Nays !tv ./. Connors æ'ÆV / Duggan U / ~ark ham ?:/ / ~ichalski / (i)NichOIson / I Buol / Cline 10 . . 8 2. úAh Lease Agreement - Dubuque Casino Hotel, LLC Proof of publication on notice of hearing to consider a lease agreement and parking use agreement between the City of Dubuque and Dubuque Casino Hotel, LLC for the lease of property adjacent to Dubuque Greyhound Park and Casino and City Manager recommending approval. RESOLUTION ? ?,," tJ~ D~pœ'" of an ;- ;n ,...¡ ."'.""" by ." and parking use agreement with Dubuque Casino Hotel, L.L.C. j - Dh,,-,' -l~ Adopt --- y~ 6y ~ // Nicholson ~ ¡ »fJ tn, / Buol ~ t'" It / Cline ø/' IJ REINSTATE THE RULES -P /7),1 JV / . /f- - Ayes Nays 1./ 1'),0 ¡/~ Connors ~JI) I I;t. Duggan If;, liú f ~ #y;~~=~~ ;.1 / ~ vY,/,\ b / a... ;it 11 . . 8 Citizen Request Request of John Osterhaus, 2530 Elm Street, to address the Council regarding junk in the yard at 2524 Elm Street. . . V. . S.oo~ D~_~' -~ a~ ; ~~~ ~r~ ~)r/ j~. ~?I / Markham / fJJ Michalski f1i::f r / '(!) Nicholson // Buol Cline . :£ fJ ;51 Citizen Communication Ct Communication from Tana Tigges, P.C.S., requesting to address the Council regarding the City's ordinance on tattooing. Suggested Disposition: Receive and File; Council ACTION ITEMS 1, 2. f ~ tlOhf ffi¡/ Ay~ Nays .-j Connors / Duggan / Markham ~Michalski / icholson Buol / Cline 12 {IO(/ ~l . ~~ \~l ' ¡ {).II ,- I l ~{ / ,,~è ! I ~ \ r ,X /(' u' "A' r . . 3. 8 . Dubuque Main Street, Ltd. Communication from Bob Felderman, President of Dubuque Main Street, Ltd., requesting reappointment of Council Member Ann Michalski to the Main Street Board of Directors. Suggested Disposition: Receive and File; Council Appointment A~) Nays /' \JIConnors / fi.. Duggan l/ Markham / Michalski / Nicholson / Buol / Cline r-J 1/ 1.' ð if 4. Fifth and Bell Street Signage City Manager recommending approval of the installation of stop signs for east and west traffic on Fifth Street and that Bell Street traffic be allowed to proceed without any stop or yield signs. ORDINANCE ;r Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on East Fifth Street ORDINANCE ~ Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-214 thereof providing for the deletion of stop signs at the intersection of East Fifth Street and Bell Street ORDINANCE ~ Amending the Code of Ordinances of the City;af DUbUqu.e, Iowa by modifying Subsection (b) of Section 32-216 thereof providing for the,;tIJ deletion of a yield sign at the intersection of East Fifth Street and Bell Street 'v . }I¡){)~. I ~/ /æf~/K;/' ¡F., I , )'l ð)Buol/ ()" r.f/ I 13 Cline../ Jd rJ 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 ...- of... '- Open Meeti.... lBw. ¡; f /Çf6~ . COUNCIL MEMBER REPORTS PUBLIC INPUT 8 Jj¿ ~~ )( 1V . 14