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12 03 01 Skeleton SheetCITY COUNCIL SPECIAL SESSION, DECEMBER 3, 2001 COUNCIL MET IN SPECIAL SESSION AT 5:00 P.M. IN THE LIBRARY AUDITORIUM / PRESENT. MAYOR DxUGGAN, C~uNCIL MEMBERS CLINE, MARKHAM, MICHA~KI, NICH(~SON, ROBBINS Y~LiN CITY MANAGER MICHAEL VAN MILLIGEN, CORPORATION COUNSEL BAR DAHL ABSENT: Mayor Duggan read the call and stated this is the special session of the City Council called for the purpose of receiving an update on the Master Plan for the Port of Dubuque. Ayes Nays Buol Cline Duggan Markham Rioichalski cholson bbins CITY COUNCIL REGULAR SESSION, DECEMBER 3, 200t COUNCIL MET IN RE~LAR SESSION AT 6:3~/P.M. IN THE LIBRARY AUDITORIUM / MA ,R/~KHAM, PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, MICHAL/SKI, NICHO/IZSON, ROLLINS CITY MANAGER MICHAEL VAN IM~LLIGEN, CORPORATION COUNSEL BAR/RY LINDAHL ABSENT: Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation: Reverend Dr. Duane Larson, President, Wartburg Theological Seminary 2 CONSENTITEMS Nays Buol Cline Duggan Markham /~ Michalski /~).icholson ~'~ Robbins m Minutes Submitted Airport Commission of 10/22, 11/11 & 12; 11/15, and 11/18; Building Code Board of Appeals of 11/13; Cable TV Regulatory Commission of 11/14; City Council Proceedings of 11/13 and 11/19; Community Development Advisory Commission of 11/8; Enterprise Zone Commission of 11/15; Five Flags Commission of 11/19; Housing Cede Appeals Board of 10/16; Park and Recreation Commission of 11/13 Proof of publication of City Council Proceedings of 11/5/01 Suggested Disposition: Receive and File Notice of Claims/Suits Carla Deutmeyer in estimated amount of $478.78 for personal injury; Dubuque Rescue Mission in undetermined amount for property damage; Dubuque Thunderbirds in estimated amount of $705.00 for missing property; Kenneth M. Metz in estimated amount of $2,429.75 for vehicle damage; Gerald Runde in estimated amount of $159.00 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 Services of Iowa, the agent for the Iowa Communities Assurance Pool: Randy Gracheck for Hank's Specialties for vehicle damage Corporation Counsel recommending settlement of the claim of Dale A. Hirsch for vehicle damage in the amount of $175.00 and that the Finance Director be directed to issue payment. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Check 3 = = Citizen Communications Communication from Emily Frye, Isaiah Wamake, Abbie Sudmeier and Matt Klinkhammer of Dubuque Senior High School regarding the issue of smoking in public facilities in Dubuque. Communication from Walt Pregler, 2966 Shiras Avenue, regarding the plans for opening of Main Street; and City Manager providing a response. Communication of David S. Hartig requesting to purchase a portion of City-owned property located on Old Mill Road. Suggested Disposition: Receive and File; Refer to City Manager Industrial Park Land Sales City Manager providing a written response to questions from Bud Isenhart regarding industrial park land sales. Suggested Disposition: Receive and File Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins Sutton Pool Tank Painting - Acceptance City Manager recommending acceptance of the Sutton Pool Tank Painting Project in the final contract amount of $43,051. RESOLUTION ~--~f~~/ Accepting improvement RESOLUTION ~-~J~2-~/~/ Approving final contract amount of $43,051 Suggested Disposition: Receive and File; Adopt Resolutions 4 = Oak Meadow Second Addition - Acceptance of Public Improvements City Manager recommending acceptance of the public improvements that Jim Stock Realty and Construction has completed in Oak Meadow Second Addition. RESOLUTION ,.~'JJ-' dj Accepting improvements in Oak Meadow Second Addition - Phase 3 (Deerwood Circle) Suggested Disposition: Receive and File; Adopt Resolution National Historic Landmark Status for the Shot Tower City Manager recommending that the Planning Services Department retain a consultant to prepare an application for National Historic Landmark status for the Shot Tower. Suggested Disposition: Receive and File; Approve Environmental Stewardship Advisory Commission John S. Bennett submitting his resignation from the Environmental Stewardship Advisory Commission effective December 5, 2001. Suggested Disposition: Receive and File; Accept Resignation Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 5 10. 11. 12. Dubuque County Supervisors - Abstract of Votes Dubuque County Board of Supervisors submitting the "Abstract of Votes" for the City's general election held on November 6, 2001. Suggested Disposition: Receive and File; Make a Matter of Record U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising of a new policy for the Community Development Block Grant (CDBG) Program regarding timely expenditure requirements of the program, Follow-up communication from the U.S. Department of Housing and Urban Development, Suggested Disposition: Receive and File Gaming Referendum Legislation Communication of City Manager to area legislators regarding gaming referendum legislation. Suggested Disposition: Receive and File; Approve. Iowa League of Cities Communication from LaMetta K. Wynn, President of the Iowa League of Cities, appointing the City Manager to the Policy Committee of the League, Suggested Disposition: Receive and File Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 6 13. Business Licenses RESOLUTION ~-J~- Granting issuance of a license to sell Cigarettes and Cigarette Papers to Bricktown Brewery/Underground Stone Wall Lounge RESOLUTION 10 Mart Granting issuance of a Class ~C" Beer Permit to the Big RESOLUTION ~_~/,~'~ Granting issuance of a Class "C' Beer/Liquor License to Bowling and Beyond and Cooper Management Company Suggested Disposition: Adopt Resolutions Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 7 BOARDSICOMMISSIONS Interview for the following Board/Commission: Environmental Stewardship Advisory Commission {One unexpired term through 10/01/04) Applicant: John Nemmers .- .~',~1~ Appointment to the following Commission: Community Development Advisory Commission (One unexpired term through 2/15/04- Census Tract 3 - Currently vacant) Applicant: Richard J. Sullivan A~s Nays Buol Cline / Duggan / Markham ~/~,~Michalski ~Nicholson / ~' Robbins Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 8 PUBLIC HEARINGS SUSPEND THE RULES Nays Buol Cline Duggan Markham ~1 Michalski  / /qNicholson ~/RObbins Vacating Petition - Congress Circle Proof of publication on notice of public hearing and City Manager recommending the sale of City-owned right-of-way on Congress Circle to Mr. N,J. Yiannias, representing Key City Investment Company, in the amount of $35,750. Communication from N. J. Yiannias, President of Key City Investment Company, requesting to purchase Congress Circle for $35,750. RESOLUTION ~-/~.~--~g?/ Disposing of City interest in Lot 2A of Westview Shopping Center Place No. 2, Dubuque County, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ,.~yes..~ Nays /~) Buol L/Cline '/ /:~Duggan // ( ~arkham / ~ ~ Michalski / NicholSon / Robbi~ 9 Ice Rinks and Murphy Tennis Courts Lighting Project Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Ice Rinks and Murphy Tennis Courts Lighting Project to Westphal and Company, Inc., in the amount of $108,852.34. RESOLUTION Adopting plans and specifications for the project RESOLUTION~/~ amount of $108,852.34 Awarding contract to Westphal and Company, Inc., in the Suggested Disposition: Receive and File; Adopt Resolutions Ayes ~ BuolNays Cline Duggan Markham Michalski /~-~ Nicholson /~Robbins REINSTATE THE RULES ~es BuolNays / Cline -/ Duggan ./ Markham ~ Michalski //~jNich°.lson / ~)Robb,ns 10 ^CT,O.,TEMS Presentation of Vision Downtown Results Wm. David Rusk to make verbal presentation on the results of the Vision Downtown process, requesting adoption of the Vision Downtown document as the community's shared vision for downtown Dubuque, and requesting referral to the City Manager for consideration in the annual budget process. Communication from the Long Range Planning Advisory Commission in support of the Vision Downtown document and a Comprehensive Downtown Planning Process RESOLUTION Adopting the Vision Downtown document Suggested Disposition: Receive and File; Adopt Resolution Ayep~ Nays L-~Cline Duggan Markham Michalski Nicholson Robbins 11 t Bond Sale to Support America's River Project Components City Manager recommending the sa~e of $12,360,000 Genera; Obligation Bonds. RESOLUTION ~J/~ Directing the sale of $9,500,000 General Obligation Bonds, Series 2001 RESOLUTION Bonds, Series 2002 Directing the sale of $2,860,000 General Obligation Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays ~ Buol Cline /~ Duggan /x Markham / ~) Michalski J~)Nicholson /~'/Robbins 12 m Ward and Precinct Ordinance Modifications City Manager recommending approval of modifications to the City's ward and precinct plan ordinance and map as requested by the State of Iowa and Dubuque County and approval of a revi~sed precinct agreement with Dubuque County. ORDINANCE ~--~ Amending the City of Dubuque, Iowa Code of Ordinances by repealing Chapter 17, Elections and adopting in lieu thereof a new Chapter 17, Elections, establishing boundaries for four (4) wards and twenty-one (21) precincts. Suggested Disposition: Receive and File; Motion B; Motion A ~;e~) BuolNays u/ Cline ~/ /~ puggan ( ~arkham ~ ~../Michalski Nicholson // Robbins Fiscal Year 2003 Policy Guidelines City Manager recommending adoption of the Fiscal Year 2003 Policy Guidelines for the City of Dubuque. Suggested Disposition. Receive and File'~',~~43//~ ~yes BuolNays / Duggan cou.c 13 ITEMS TO BE SET FOR PUBLIC HEARING REMIND COUNCIL NOT TO ADOPT RESOLUTIONS Dubuque Yacht Basin Lease Agreements City Manager recommending approval of amendments to three lease agreements between the City and Dubuque Yacht Basin to extend the termination dates. RESOLUTION Approving Fourth Amendment to Lease Agreement (April 8, 1970) between Dubuque Yacht Basin, Inc., and the City of Dubuque RESOLUTION Approving Second Amendment to Lease Agreement (February 5, 1974) between Dubuque Yacht Basin, Inc., and the City of Dubuque RESOLUTION Approving Fourth Amendment to Lease Agreement (November 23, 1987) between Dubuque Yacht Basin, Inc., and the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 12/17101 Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 14 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. CLOSED SESSION Pending Litigation - Iowa Code Chapter 21.5(1)(c) Motion to go into closed session e-3~, Nays (;~Buol 'J Cline Duggan Markham Michalski Nicholson Robbins Motion to adjourn AY~T BuolNays Cline Duggan Markham Michalski Nicholson ~ Robbin~ 15