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7 15 02 Minutes of this meetingCITY OF DUBUQUE, IOWA GOVERNING BOARD OF THE MUNICIPAL HOUSING AGENCY OFFICIAL Governing Board of The Municipal Housing Agency The Agency met Monday, July 15, 2002, at 6:20 in the Public Library Auditorium Present: Chairperson Duggan, Members Buol, Connors, Markham, Michalski, Nicholson, Plein. Absent: Member Cline. Mayor Duggan read the call and stated this is a session of the Governing Board of the Municipal Housing Agency called for the purpose of acting upon such business which may properly come before the Governing Board. Mainstream Program Voucher Application: City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development (HUD) for Section 8 Mainstream Program housing vouchers, upon motion received and filed. Michalski moved adoption of Resolution . No. 354-02 Approving an application for Section 8 Mainstream Program housing vouchers Seconded by Nicholson. Motion carried 7-0. There being no further business, upon motion meeting adjourned at 6:23 P.M. /s/ Jeanne F. Schneider, CMC City Clerk ________________________________________________________________________________ CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, July 15, 2002 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Council Member Cline at roll call. 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 was given by Reverend David McBride, Immanuel Congregational United Church of Christ. Proclamation: Fair Week (July 23–28, 2002). CONSENT ITEMS Minutes Submitted: Airport Commission of 6/24; City Council of 6/17; Civil Service Commission of 6/6; Housing Commission of 6/25; Human Rights Commission of 5/13; Park and Recreation Commission of 6/11, upon motion received and filed. Proof of publication of City Council Proceedings for June 17, 2002, upon motion received and filed. 1 Notice of Claims/Suits: Shawn Erickson in estimated amount of $800 for motorcycle damage; Ruth Griesinger in estimated amount of $200 for vehicle damage; Design Center, Inc. in estimated amount of $4,885.81 for property damage; Mary McAleece Fuhrman in estimated amount of $24,500 for property damage; Myra and Stanley Woodman in undetermined amount for personal injury; Attorney Benjamin J. Roth for James A. Daniel in undetermined amount for personal injury; Zurich American Insurance Company for Bernice Petersen in undetermined amount for personal injury, upon motion referred to the Legal Staff for investigation and 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: Shawn Erickson for personal injury and vehicle damage; Bernice Petersen for personal injury; Myra K. Woodman for personal injury, upon motion received and filed and concurred. Corporation Counsel recommending settlement of the claim of Eugene Conklin for property damage and Finance Director to issue payment, upon motion received and filed and concurred. Corporation Counsel recommending denial of the claim of Daniel Kelly for vehicle damage, upon motion received and filed and concurred. Citizen Communications: a. Communication of Scott A. Neuwoehner, Bricktown Brewery Complex, requesting that the no rd parking signs recently installed on 3 Street and Main Street be changed from “No Parking from 1:00 a.m. to 6:00 a.m.” to “No Parking from 3:00 a.m. to 6:00 a.m.”, upon motion received and filed and referred to the City Manager. b. Communication of Vincent P. Brannon requesting to purchase a portion of City property in the 3200 block of Central Avenue, upon motion received and filed and referred to the City Manager. c. Communication of Tom and Alice Blaine regarding the proposed upgrading and extension of Bonson Road and requesting that it not be done, upon motion received and filed and referred to the City Manager. d. Communication of Cathy and Thomas Marty expressing concern about the proposed extension of Bonson Road, upon motion received and filed and referred to the City Manager. e. Communication from John McDermott, Loras College, requesting an easement for a public sidewalk, upon motion received and filed and referred to the City Manager. f. Communication from Donald K. Nelson regarding Mediacom, upon motion received and filed and referred to the City Manager. g. Communication from Lloyd S. Gudenkauf requesting final acceptance of Jaeger Heights Subdivision #2 – Phase Three and the installation of stop signs, upon motion received and filed and referred to the City Manager. Great Western Subdivision No. 4 – Final Plat: Zoning Advisory Commission recommending approval of the final plat of Great Western Subdivision No. 4 located on Peru Road, upon motion received and filed. Buol moved adoption of Resolution No. 355-02 Approving the final plat of Great Western Subdivision No. 4 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6- 0. Lot 1 and Lot 2 of Higley Place – Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lot 1 and Lot 2 of Higley Place located north of U.S. Highway 20, west of the Swiss Valley Road intersection, upon motion received and filed. Buol moved adoption of Resolution No. 356-02 Approving the final plat of Lot 1 and Lot 2 of Higley Place in Dubuque County, Iowa, Seconded by Nicholson. Motion carried 6-0. 2 Miller-Riverview Park Campsite Rewiring Project: City Manager recommending acceptance of the Miller-Riverview Park Campsite Rewiring Project in the final contract amount of $66,549.69, upon motion received and filed. Buol moved adoption of Resolution No. 357-02 Accepting improvement and Resolution No. 358-02 Approving final estimate. Seconded by Nicholson. Motion carried 6-0. Golf Cart Lease Agreement: City Manager recommending approval of an amendment to the City’s lease agreement with Yamaha Leasing to change the number of leased carts from forty to fifty, upon motion received and filed and approved. Transportation Enhancement Program Project: City Manager recommending approval of a Transportation Enhancement Program Project Agreement with the Iowa Department of Transportation for Phase II (Hill and Bryant Street area) of the Highway 20 landscaping project, upon motion received and filed and approved. Five Points Comprehensive Housing Rehabilitation Project: City Manager recommending approval of the publication of the Combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Five Points Comprehensive Housing Rehabilitation Project, upon motion received and filed. Buol moved adoption of Resolution No. 359-02 Authorizing publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Five Points Comprehensive Housing Rehabilitation Project. Seconded by Nicholson. Motion carried 6-0. Federal Mediation and Conciliation Service Grant Application: City Manager recommending approval of a grant application by the City’s Health Care Committee to the Federal Mediation and Conciliation Service for outside facilitation services for committee meetings, an annual action planning process, and grant program administration, upon motion received and filed and approved. Environmental Stewardship Advisory Commission: Leslee Ditzig Spraggins submitting her resignation from the Environmental Stewardship Advisory Commission, upon motion received and filed and accepted with regret. National Scenic Byways Grant Agreement: City Manager recommending approval of an agreement with the Iowa Department of Transportation for the Dubuque County Historical Society’s National Scenic Byways grant application, upon motion received and filed and approved recommendation. Mutual Aid Agreements: City Manager recommending approval of mutual aid response agreements between the Fire Department and the City of East Dubuque and the Dubuque County Emergency Medical Service Association, upon motion received and filed and approved. Community Economic Betterment Account Loan – Quebecor World Dubuque, Inc.: City Manager recommending approval of a Community Economic Betterment Account (CEBA) loan agreement of $345,000 by and among the Iowa Department of Economic Development, Quebecor World Dubuque, Inc., and the City of Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 360-02 Authorizing the execution of a Community Economic Betterment Account Loan Agreement for Three Hundred Forty-Five Thousand Dollars ($345,000) with Quebecor World Dubuque, Inc. Seconded by Nicholson. Motion carried 6-0. Designation of City Representative for FEMA Assistance: City Manager recommending that he be designated as the City’s representative for FEMA assistance for the severe storms and flooding that 3 began on June 3, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 361-02 Designating the City Manager as the City of Dubuque’s authorized representative for signing and filing documents to obtain federal/state finance assistance under the Disaster Relief Act. Seconded by Nicholson. Motion carried 6-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Transit Dispatcher/Scheduler, upon motion received and filed and resolved to make a matter of record. Naming of the Education and Conference Center: City Manager recommending approval to begin the process of developing options and a recommendation on the final name of the new convention facility, upon motion received and filed and approved recommendation. Health Care Committee: City Manager recommending approval of an amendment to the structure of the City’s Health Care Committee, upon motion received and filed and approved. Mike Gabriel of the Firefighters’ Assn. spoke to this issue. Fireworks Display: Communication from the Dubuque Jaycees, KDTH, KATF and KGRR Radio to conduct a fireworks display on Thursday, July 3, 2003 on Volunteer Road between Hawthorne and Lime, upon motion received and filed and approved recommendation. Dubuque County Historical Society: Request of the Dubuque County Historical Society to transfer their liquor license from the Ryan House to the parking lot north of the Third Street overpass for the 2002 Taste of Dubuque, upon motion received and filed and approved recommendation. Business Licenses: Buol moved adoption of Resolution No. 362-02 Granting the issuance of a Class “B” Beer (One Day Special Event) Permit to the Dubuque Jaycees; and Resolution No. 363- 02 Granting the issuance of a Class “C” Beer/Liquor License to House of China, Mad Hatters, and Five Flags Civic Center; and a Class “B” Wine Permit to Basket Expressions. Seconded by Nicholson. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Board: TRANSIT BOARD OF TRUSTEES (Three 3-year terms of Enderson, Lightcap, and Sand to expire 7/30/05). Applicants:George O. Enderson, Joel Lightcap, Michael W. Sand. No one spoke. Appointments to the following Boards/Commissions: HISTORIC PRESERVATION COMMISSION (Three 3-year terms to expire 7/1/05 representing Old Main District, Langworthy District and Architect/At Large; and one unexpired 3-year term to expire th 7/1/04 representing West 11 District): Applicants: Terry Mozena (Langworthy District); Christopher J. Wand (Architect/At Large). Upon motion Terry Mozena and Christopher J. Wand reappointed to three year terms which will expire 7/1/05. HOUSING COMMISSION (Two unexpired terms expiring 8/17/02 and 8/17/03): Applicant:Danita L. Galdick. Upon motion Danita L. Galdick appointed to the unexpired term which will expire 8/17/03. TV CABLE REGULATORY COMMISSION (Two 3-year terms of Tigges and Webster to expire . 6/30/05, one unexpired term to expire 6/30/04)Applicants: Danita L. Galdick, Ronald Tigges; 4 Walter Webster. Upon motion Ronald Tigges and Walter Webster reappointed to three year terms which will expire 6/30/05. TV CABLE TELEPROGRAMMING COMMISSION (Three 3-year terms of Allen, Wanamaker, and Hoverman to expire 6/30/05, two unexpired 3-year terms to expire 6/30/03. Applicant:Daniel B. Wilant. Upon motion Daniel B. Wilant appointed to a three year term to expire 6/30/05. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Van Buren Street – Vacating Petition: Proof of publication on notice of hearing and City Manager recommending approval of a request from Michael and Sally Basten to purchase Lot 119A of Lenox Addition, upon motion received and filed. Buol moved adoption of Resolution No. 364-02 Disposing of City interest in Lot 119A of Lenox Addition in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0. Southern Avenue – Vacating Petition: Proof of publication on notice of hearing and City Manager recommending approval of a request from David S. Hartig, Jr., to purchase Lot 61 of Shipton’s Addition, upon motion received and filed. Markham moved adoption of Resolution No. 365-02 Disposing of City interest in Lot 61 of Shipton’s Addition in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0. Heritage Trail Extension Project: Proof of publication on notice of hearing on plans and specifications and City Manager recommending approval for the Heritage Trail Extension project, upon motion received and filed. Buol moved adoption of Resolution No. 366-02 Adopting plans and specifications. Seconded by Nicholson. Motion carried 6-0. Jackson Street/West Locust Resurfacing Project: Proof of publication on notice of hearing on plans and specifications and City Manager recommending approval of the Jackson Street/West Locust Street Resurfacing Project, upon motion received and filed. Buol moved adoption of Resolution No. 367-02 Adopting plans and specifications. Seconded by Connors. Motion carried 6-0. Bell Street/Fifth Street Construction Project: Proof of publication on notice of hearing on plans and specifications and City Manager recommending approval of the Bell Street/Fifth Street Construction Project, as amended, upon motion received and filed. Michalski moved adoption of Resolution No. 368-02 Adopting the amended plans and specifications and Resolution No. 369-02 Ordering bids. Seconded by Connors. Motion carried 6-0. 2002 Maintenance Dredging Project – Ice Harbor Flood Control Gates: 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 2002 Maintenance Dredging Project – Ice Harbor Flood Control Gates to J.F. Brennan Company in the amount of $89,950.00, upon motion received and filed. Buol moved adoption of Resolution No. 370-02 Adopting plans and specifications for the project and Resolution No. 371-02 Awarding contract to J.F. Brennan Company. Seconded by Markham. Motion carried 6-0. 2002 Curb Ramp – CDBG #1 Project: Proof of publications on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of 5 the contract for the 2002 Curb Ramp – CDBG #1 Project to Perry Construction in the amount of $31,700, upon motion received and filed. Markham moved adoption of Resolution No. 372-02 Adopting plans and specifications and Resolution No. 373-02 Awarding contract to Perry Construction. Seconded by Buol. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, gave a verbal progress report. Council Member Cline arrived at 7:02 P.M. Stormwater Management: Request of Michelle Harry to address the Council regarding the th proposed open storm drain in the area of 24 Street to Garfield Street, upon motion received and filed the petitions and material. Michelle Harry, 2316 Prince St., distributed materials and petitions and spoke requesting Council not do an 18 month study about what to do to control the excessive stormwater and that the stormwater management project begin as soon as possible. She has spoken to Engineers and FEMA and was told that open storm drains do work well. Council discussed her request and commended her for her efforts. City Manager Van Milligen stated they will bring this item back to the Council. Long Range Planning Advisory Commission: Appointment of City Council Liaison (currently Council Member Buol) and City Council Alternate Liaison (currently Mayor Duggan) to the Long Range Planning Advisory Commission effective July 1, 2002. Upon motion Council reappointed Council Member Buol (with Mayor Duggan as Alternate) to the Long Range Planning Commission. Dubuque County Board of Supervisors: Communication from Donna L. Smith, Chairperson of the Dubuque County Board of Supervisors, requesting a meeting of the Board of the Couler Valley Urban Drainage District, upon motion received and filed and directed Staff to send a letter to the Supervisors for more information and to determine the purpose of the meeting. Renaming of Menard Court: City Manager recommending the renaming of Menard Court to North Crescent Ridge at the request of property owners whose addresses include Menard Court as the street name, upon motion received and filed. Ordinance No. 56-02 Renaming the street currently named Menard Court to North Crescent Ridge, 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. COUNCIL MEMBER REPORTS th City Manager Van Milligen reported that the Main Street opening on July 18 is 8 weeks ahead of schedule, $298,000 under budget and that signs would be installed this week. Nicholson and Michalski suggested signs clarifying the prohibition of skateboards. 6 ITEMS TO BE SET FOR PUBLIC HEARING th Vacating Petition – Portion of 12 Street: City Manager recommending that a public hearing be set for August 5, 2002 to consider a request from Greg and Peggy Stover for the vacating of a portion of th 12 Street west of Bluff Street, upon motion received and filed. Buol moved adoption of Resolution th No. 374-02 Approving plat of proposed vacated portion of 12 Street west of Bluff. Seconded by th Markham. Motion carried 7-0. Ordinance No. 57-02 Vacating a portion of 12 Street west of Bluff, 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. 375-02 Of Intent to dispose of City interest in Lot 760A and Lot 776B of McDaniel’s Subdivision, Dubuque, Iowa, and further set this for Public Hearing on 8/5/02 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Local Law Enforcement Block Grant Funds: City Manager recommending that a public hearing be set for August 5, 2002 to consider acceptance of the 2002 Local Law Enforcement Block Grant Funds, upon motion received and filed and set this for Public Hearing on 8/5/02 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Hotel/Conference Center Parking Lots and Fifth Street Construction: City Manager recommending initiation of the public bidding process for the Hotel/Conference Center Parking Lots and Fifth Street Construction Project and setting a public hearing for September 3, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 376-02 Approving preliminary plans and specifications; Resolution No. 377-02 Setting a date of hearing on plans and specifications for 9/3/02 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; Resolution No. 378-02 Ordering bids. Seconded by Markham. Motion carried 7-0. Mississippi River National Education and Conference Center - Bid Package #3: City Manager recommending initiation of the public bidding process of Bid Package #3 for the Mississippi River National Education and Conference Center Project and setting a public hearing for September 3, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 379-02 Approving preliminary plans and specifications; Resolution No. 380-02 Setting a date of hearing on plans and specifications for 9/3/02 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. 381-02 Ordering bids. Seconded by Markham. Motion carried 7-0. At 7:36 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition and Pending Litigation – Chapter 21.5(1)(c)(j) 2001 Code of Iowa. At 7:52 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 7:53 P.M. /s/ Jeanne F. Schneider, CMC 7 City Clerk 1t 7/24 8