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11 18 02 Skeleton SheetCITY COUNCIL SPECIAL SESSION, NOVEMBER 18, 2002 COUNCIL MET IN SPECIAL SESSION AT~5:30 P.M. IN.THE LIBRARY AUDITORIUM PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, CONNORS, MARK/HAM, MIC~ALSKI, NICH~iLSON CITY MANAGER MICHAEL VA/N'MILLIGEN; CORPORATION COUNSEL BARR~ LINDAHL ABSENT: Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing Wayfinding Signage Motion to adjourn at Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan CITY COUNCIL REGULAR SESSION, NOVEMBER 18, 2002 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM CITY MANAGER MICHAEL/~AN MILLIGEN; CORPORATION COUNSEL BARR~LINDAHL ABSENT: 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 Greg Bjomstad, Chaplain, Luther Manor PROCLAMATION: Welcome to the Trois-Rivierss, Quebec, Canada Delegation 2 CONSENT ITEMS Ayes Nays (~ Markham Michalski ~' Nicholson {~)Buol /'~ Cline Connors / Duggan Minutes Submitted City Council of 11/4 and 11/7; Civil Service Commission of 9~5; Historic Preservation Commission of 10/24; Park and Recreation Commission of 10/8; Transit Board of 4/18 Zoning Board of Adjustment of 10/24 Proofs of publication of City Council Proceedings of 10/21 and List of Claims and Summary of Revenues for the month ending September 30, 2002. Printed Council proceedings for month of September, 2002. Finance Director submitting the City of Dubuque Financial Reports for the month ending October 31, 2002. Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suite Mary Asbell for property damage; Tammi Herbst for vehicle damage; Steve Kafer for vehicle damage; Dean Mattoon for vehicle damage; and Todd Robertson for vehicle 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: Dubuque Intemal Medicine for property damage, Corporation Counsel recommending denial of the claim of Martin Meisenburg for property damage. Corporation Counsel recommending settlement of the claims of Tammi Herbst and Todd Robertson for vehicle damage and that the Finance Director issue proper payment. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment 3 Iowa Chapter of the American Planning Association Communication from the Iowa Chapter of the American Planning Association advising that the City's Planning Services Department was selected as the 2002 recipient of the Implementing Smart Growth Award for the Port of Dubuque Master Plan. Suggested Disposition: Receive and File Kerper Boulevard Re-Platting Zoning Advisory Commission recommending approval of the re-platting request of McGraw-Hill and Key City Plating for properly located at 2460 to 2500 Kerper Boulevard. RESOLUTION ~;~-~- "~-~ Approving the final plat of McGraw-Hill, Key City Plating re-plat Suggested Disposition: Receive and File; Adopt Resolution Iowa Finance Authority Communication from the Historic Preservation Commission to the Iowa Finance Authority in support of the Low Income Housing Tax Credit application of John Gronen for property located at 1042, 1066, 1086 and 1091 Main Street and 248 West 11 Street. Suggested Disposition: Receive and File ~yes Nays ~/ Markham / .~ Michalski ~/ //~,)Nicholson / Yd euo, ///L/ Cline // Connors / Duggan 4 Port of Dubuque Utility Relocation - Phase II City Manager recommending acceptance of the Port of Dubuque Utility Relocation - Phase II Project in the final contract amount of $672,881.25. RESOLUTION ~'~._~ '~- Accepting improvement RESOLUTION ~/~//~- Approving final contract amount of $672,881.25 Suggested Disposition: Receive and File; Adopt Resolutions 2001 AC Paving Project City Manager recommending acceptance of the 2001 AC Paving Project in the final contract amount of $1,751,883.09. RESOLUTION~~' ~-/Accepting improvement RESOLUTION~'~ ~-~Approving final contract amount of $1,751,883.09. Suggested Disposition: Receive and File; Adopt Resolutions m National Scenic Byways Grant City Manager recommending approval of an agreement with Scharff-Weisberg to supply some of the technical audio-visual systems at the National Mississippi River Museum and Aquarium for the Dubuque County Historical Society as provided in the National Scenic Byways Grant. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 5 General Obligation Bonds, Series 2002C - $3,105,000 City Manager recommending approval of procedures to complete action on the issuance of $3,105,000 General Obligation Bonds, Series 2002C to support a new water tower and water main along the Northwest Arterial and to refund the General Obligations Bonds Series 1994, dated May 1, 1994. RESOLUTION ~.-~--~ Appointing Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement RESOLUTION ~.,~- ~ ~-~Authorizing and providing for the issuance of $3,105,000 General Obligation Bonds, Series 2002C, and levying a tax to pay said bonds Suggested Disposition: Receive and File; Adopt Resolutions 10. Taxiway Alpha Lighting City Manager recommending approval of a change order in the amount of $8,958 to complete the lighting work on Taxiway Alpha NW at the Airport. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski Nicholson Buol Cline Connom Duggan 6 12. Grandview Avenue United Methodist Church Communication from Jack Borchers, Chair of the Board of Trustees of Grandview Avenue United Methodist Chumh, requesting the vacating of a portion of an old roadway easement parallel to John F. Kennedy Road and lying within Grandvlew Avenue United Methodist Church property. Suggested Disposition: Receive and File; Refer to City Manager 13. Pennsylvania Avenue and Keyway Drive Intersection In response to a citizen request, City Manager recommending that no changes be made to the intersection of Pennsylvania Avenue and Keyway Drive. Suggested Disposition: Receive and File; Concur 14. Liquor License Refund Request of Terry Mclnroy, Arby's Q-Mart, for a refund in the amount of $37.50 for his beer and liquor license. Suggested Disposition: Receive and File; Approve 15. Business Licenses RESOLUTION ~ ~ Granting the issuance of a license to sell Cigarettes and Cigarette Papers within the City to The Lion of Judah RESOLUTION ~/'O - ~ Granting the issuance of Class "C' Beer Permits to IOCO Speede Shoppe, Kwik Stop Food Mart (4039 Pennsylvania), Kwik Stop Food Mart (2297 University Avenue), and Kwik Stop Food Mart (1685 JFK Road) RESOLUTION ~/-//J ~ Granting the issuance of a Class 'C" Beer/Liquor License to Aragon Tap and Jorja's Restaurant and a Special Class 'C~ Liquor (BW) License to Mandarin Garden Suggested Disposition: Adopt Resolutions Ayes Nays Markham Michalski Nichol$on Buol Cline Connors Duggan 7 ITEMS TO BE SET FOR PUBLIC HEARING Embassy West Drive Sidewalk City Manager recommending that a public hearing be set for December 16, 2002 to consider the Embassy West Ddve sidewalk installation. RESOLUTION ~/=,~--/~ Fixing date of hearing on plans and specifications for amended 2000 Sidewalk Installation Program and deletion of certain property therefrom RESOLUTION ~/~-~ ~ of Necessity -Amended 2000 Sidewalk Installation Program and deletion of certain property therefrom RESOLUTION ~',/,~/~:::~-~ Fixing date of hearing on Resolution of Necessity - Amended 2000 Sidewalk Installation Program and deletion of certain property therefrom RESOLUTION ~/~--~-~ ~ ~ Rescinding Resolution 519-02 and approving in lieu thereof a new preliminary schedule of assessments for the amended 2000 Sidewalk Installation Program Suggested Disposition: Receive and File; Adopt Resolution les Nays _Markham f0~lichalski ~'Nicholson .~ Buol (~/1Cline ~Connors Duggan 8 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Environmental Stewardship Advisory CommissioN (Two unexpired 3-year terms to expire 1011/03 and 1011/05) Applicants: Daniel Ca[ve~,ap~d Mark Hen~ing Appoin.tme.~t~.to .the follo~ng Board: Plumbi,ffg Bo~l (One unexpired 3-year term to expire 1112/04 and two 3-year terms to expire (1112/05 ~- Terms of Gonner and Willenborg) Applic~ta: ~/'anley Gonner and Harlan Willenborg ~yes Nays _ Markham ~// /~')Mlchaiskl // ~' Nichoison /, /~ Buol / ~/~line j/[ Connors / Duggan 9 PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays /-, Markham ~Michalski ~ Nicholson ~Buol ~'Connors / Duggan Emerald Acres - Planned Unit Development District Proof of publication on notice of headng to consider an amendment to the PUD Planned Unit Development District with a PR Planned Residential designation to match the legal description of Emerald Acres No. 2 Final Plat as requested by Ed Tschiggfrie/T-Corp and Zoning Advisory Commission recommending approval. ORDINANCE .~ - ~--/Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinance No. 10-99 which adopted regulations for the Emerald Acres No. 2 PUD Planned Unit Development Distdct and approving an amended Ordinance for the Emerald Acres No. 2 Planned Unit Development District Suggested Disposition: Receive and File; Motion B; Motion A Ayes. Nays ~/~ ~ Markham /. ~...Michalski /,'~Nicholson / L~'Buol ///iCline Connore Duggan 10 Asbury Plaza Shopping Center - Planned Unit Development District Proof of publication on notice of headng to consider an amendment to the Asbury Plaza Shopping Center PUD Planned Unit Development Distdct sign regulations to allow four tenant identification signs thirty feet in height and to allow an unlimited number of wall- mounted tenant signs as requested by Mark VondraldRubloff Development Group, inc. and Zoning Advisory Commission recommending approval. ORDINANCE ~:~ ~ ~2./Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for hereinafter described property located north of Asbury Road and west of the Northwest Arterial to amend Ordinance 44-99 that established the PUD Planned Unit Development Distdct for Asbury Plaza and adopting amended sign regulations Suggested Disposition: Receive and File; Motion B; Motion A Aye~Ab Nays ~'. ~Markham / Michalski .// Nicholson /. B.ol /',,c/Cline // Connors ~' Duggan 11 Tax Increment Financing: Town Clock Building CompanylCottingham and Butler Proof of publication on notice of hearing to consider the Town Clock Building Company/Cottingham and Butler's application for property tax rebates for historic properties. RESOLUTION ~.~; ~ ~L Approving an application for property tax rebates for the renovation of certain historic structures approving a Tax Rebate Agreement with Town Clock Building Company/Cottingham and Butler Suggested Disposition: File; Adopt Resolution Nays Markham Michalski ~iicholson i uol #)Cli.e Connom Duggan 12 m City Hall Annex Roof Replacement Project Proof of publication on notice of hearing on plans and specifications and awarding of the contract for the City Haft Annex Roof Replacement Project and City Manager recommending that the bids be rejected and the project re-advertised for bid. RESOLUTION .~//~ ~:~- Rejecting all bids for the City Hall Annex Roof and Gutter Replacement Project, authorizing the City Clerk to re-advertise for bids, and setting a public hearing for December 16, 2002, on the final approval of plans and specifications and the award of a contract Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/16~02 Ayes Nays =~/r /-:M.arkham / - Nicholson a.u.o ~/// /~Chne J/L'/Connors / Duggan 13 Proposed Land Use Map Amendment Proof of publication on notice of hearing to consider an amendment to the City's land use map for a proposed thir[y-acm commercial development at 16~h and Sycamore Streets and Long Range Planning Advisory Commission recommending approval. RESOLUTION ~/'~'g2c>'2~ Amending proposed land use map Suggested Disposition: Receive and File; Adopt Resolution  yes Nays Markham Michalski ~/~ Nicholson Buol ~line / r] onnors ~ VDuggan -' REINSTATE THE RULES Ayes Nays ,/~ Markham ~ ~Michalski //-.~icholson //~ ClJne / ,, Connors Duggan 14 ACT,O.,TEMS .~ 0 ~ ARC Urban Revi~al/izat[o/p Plan (Second Reading) ORDINANCE /¥ /~ Establishing the ARC Urban Revitalization Area as an Urban Revitaiiza~ic~n A~e~ pursuant to Chapter 404 of the Code of Iowa Suggested Disposition: November 4, 2002) and File; Motion B; Motion A (First Reading on uggan 15 EducatJon and Conference Center- Naming Education and Conference Center Naming Committee recommending that the education and conference center in the Port of Dubuque be named the Grand River Center. Suggested Disposition: Receive and File; Approve A~es Nays Markham // M!chalski ~Nicholson / uoi/ _ Cline ~/ / j/~onnors .~' Duggan 16 Arts Policy and Funding /~ !' ~ City Manager recommending the formation of an Arts Policy and Funding Task Force to study the City Council's Priority regarding this area. Suggested Disposition: Receive and File; Approve .//AYes Nays Markham ~Michalski /-~Nicholson / / uol ~/Cline Conno~ Duggan 17 = Fiscal Year 2004 Policy Guidelines City Manager recommending adoption of the Fiscal Year 2004 Policy Guidelines for the City of Dubuque. Suggested Disposition: Receive and File; Adopt ~/Ay(~s Nays Markham ~ ~ Michalski Nicholson Buol Ctine Connors Duggan COUNCIL MEMBER REPORTS 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 Property Acquisition - Chapter 21.5(1)(j) 2001 Code of Iowa Motion to go into closed session at '~ /s Nays Markham Michalski Nicholson Buol //~line /~L2/Con nors / Duggan 18 Motion to adjoum at Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 19