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2 3 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, FEBRUARY 3, 2002 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM ..~s~..:.~o. ou~., c~.c,~.~.~.s ~0., c.~'~, co.~.s, MARK"/~M..,C.~S~,..,C.~SO.~ ~ CI~ MANAGER MICHAEL VAN MIZEN; CORPO~TION COUNSEL BA~ LINDAHL ABSENT: Mayor Duggan read the call and stated this is a s/~l session of the City Council called for the purpose of discussing such mattem which may properly come before the City Council. INVOCATION: Reverend Ken Bickel, Pastor, First Congregational Church of Christ CONSENT ITEMS / Ayes Nays .~ Nicholson i;~/Buol vCline Connors 7/ / --puggan / /'~ ~arkham '---/Michalski Minutes and Reports Submitted Cable Community Teleprogramming Commission of 12/3; City Council of 1/20; Community Development Advisory Commission of 1/8; Historic Preservation Commission of 1/16; Investment Oversight Advisory Commission of 1/23; Human Rights Commission of 12/9; Park and Recreation Commission of 1/14 Pdnted Official Council Proceedings for December, 2002 Proofs of publication of Council Proceedings for January 6, 2003 and List of Claims and Summary of Revenues for December 31, 2003 Investment Oversight Commission submitting the 39th quarterly report. Suggested Disposition: Receive and File; Approve as Printed 2 = Notice of Claims/Suits Man/Criss for property damage; Brooke N. Gassman for vehicle damage; Carol Krueger for personal injury; Joseph Melssen for property damage; Mary Ransdell vs. City of Dubuque; Catherine A. Staffen 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: Janice Hoerner for personal injury; Carol Krueger for personal injury; and Patricia Morrison for personal injury. Corporation Council recommending settlement of the claim of Catherine Steffen for vehicle damage and directing the Finance Director to issue payment. Corporation Counsel recommending denial of the claim of Damian Baumhover for property damage. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment m Elmwood Green Subdivision City Manager recommending acceptance of the public improvements in Elmwood Green Subdivision which the developer, Joe Graham, has recently completed. RESOLUTION Subdivision Accepting improvements in Elmwood Green Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Nicholson J Buol Cline Connors Duggan Markham Michalski 3 Klauer Manufacturing Company Property Corporation Council recommending acceptance of the deed to 0.529 acres of property from Klauer Manufacturing Company located in the Port of Dubuque. RESOLUTION ~.~o~-0~ Accepting the deed to certain real estate in Dubuque County, Iowa from Klauer Manufacturing Company Suggested Disposition: Receive and File; Adopt Resolution House File 2 - Property Tax Valuations City Manager submitting a letter to State Representative Gene Manternach requesting that he oppose House File 2 related to property tax valuations. Suggested Disposition: Receive and File g House File 25 - Property Tax Limitation City Manager submitting a letter to State Representative Steve Lukan requesting that oppose House File 25 regarding Property Tax Limitation legislation. Suggested Disposition: Receive and File 28E Indemnification Agreement with Dubuque Community School District City Manager recommending approval of a 28E Indemnification Agreement between the City and the Dubuque Community School District for use of each other's facilities. Suggested Disposition: Receive and File; Approve Ayes Nays Nicholson ./ Buol Cline Connors Duggan ~ Markham Michalski 4 Dubuque Local Flood Protection Project Continuing Eligibility Inspection City Manager submitting a letter from Terry Tieger, Chief, Emergency Management Division, Department of the Army, to John Klosterman advising that the City's Local Flood Protection Project Continuing Eligibility Inspection performed on November 22, 2002 was considered Acceptable. Suggested Disposition: Receive and File Sm Tri-State Community Health Center City Manager recommending approval of a letter of support from the City for a Federallly Qualified Community Health Center Application. Suggested Disposition: Receive and File; Approve 10. National League of Cities Legal Defense Fund City Manager submitting a letter from Donald Borut, Executive Director of the National League of Cities, requesting a contribution to participate in the NLC Legal Defense Fund. Suggested Disposition: Receive and File Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 5 11. Demolition Request Historic Preservation Commission recommending approval of a request from the City of Dubuque to demolish a metal warehouse located at 380 East 4th Street in the Port of Dubuque. Suggested Disposition: Receive and File; Approve 12. George W. Rogers Company Shot Tower Histodc Preservation Commission recommending approval of the nomination of the George W. Rogers Company Shot Tower (located at Commercial Street and the Riverfrent) to the National Register of Historic Places. Communication from the State Historical Society of Iowa to the Mayor of Dubuque regarding the George W. Rogers Company Shot Tower. Suggested Disposition: Receive and File; Approve 13. Fiber Optic Connection Between City Hall and Port of Dubuque Area City Manager recommending approval of an agreement with the Canadian National Railroad for the installation of a four-inch conduit underneath the railroad tracks at Fourth and White Streets to provide a fiber optic connection between City Hall and the Port of Dubuque. RESOLUTION ~-~::2~ Approving Agreement File Number P-8474 with the Canadian National Railroad relating to the installation of a four-inch PVC fiber optic conduit Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Nichoison Buol Cline Connors Duggan Markham Michalski 6 14. Fiscal Year 2003 Budget Form Conversion City Manager recommending approval of the conversion of the Fiscal Year 2003 budget and Fiscal Year 2002 actual expenses and revenues to a new format as required by the State prior to any action being taken on the Fiscal Year 2004 budget. RESOLUTION ~/~ ~.~ Converting the current budget for Fiscal Year 2003 to conformw ith Iowa Code 384.16 and Iowa Administrative Rules 545-2:1(384.388) Suggested Disposition: Receive and File; Adopt Resolution 15. Logo Design Services for the Grand River Center City Manager recommending approval of McCullough Creative Group for design of thE; identity package for the Grand River Center, Suggested Disposition: Receive and File; Approve 16. The DubuqueAudubon Society CommunicafionfromWayne Buchhol~,Presidentofthe DubuqueAudubon Sodety, rega~ingthe proposedcondominiumcomplex developmentat2800 Rhomberg Avenue. Suggested Disposition: Receive and File 17. Memorandum of Understanding with Dubuque County Extension District City Manager recommending approval of a Memorandum of Understanding with the Dubuque County Agricultural Extension District to provide counseling services for home purchase education to HUD Family Self-Sufficiency Program families. Suggested Disposition: Receive and File; Approve Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 7 18. U.S. Department of Housing and Urban Development Communication from Gregory A. Bevirt, U.S. Department of Housing and Urban Development, regarding the City's Community Development Block Grant Program. Suggested Disposition: Receive and File t9. Federal Emergency Management Agency Communication from Congressman Jim Nussle advising that he has contacted the Federal Emergency Management Agency requesting any options available for obtaining additional assistance in the acquisition of commercial property damaged in the June 2002 flooding. Suggested Disposition: Receive and File 20. Business Licenses RESOLUTION , ~:~ ~ Granting the issuance of a Class 'C' Beer Permit to O~ Doky #6 and Awn Stop Mart RESOLUTION ~_~ ~::2~ Granting the issuance of a Class "B" (Hotel/Mote) Liquor License to Best Western Dubuque Inn; and Class "C" BeedLiquor License to Goetz's, Pusateris, and The Clubhouse Suggested Disposition: Adopt Resolutions Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 8 ITEMS TO BE SET FOR PUBLIC HEARING Carnegie Stout Public Library Roof Replacement Project City Manager recommending initiation of the public bidding process for the Camegie Stout Public Library Roof Replacement Project and that a public hearing be set for March 17, 2003. RESOLUTION ~ ~..~ Adopting preliminary plans and specifications RESOLUTION ~;/-~::~..~ Setting date of hearing on preliminary plans and specifications RESOLUTION ~.-~' ~, ...~ Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3117103 . ~/~,Ayes Nays Nicholson Buo Cline Connors /Duggan Markham Michaiski 9 BOARDS/COMMISSIONS Appointments to the following Commissions: Community Development Advisory Commission (Three unexpired 3-year terms for Census Tracts 2, 3 and 4; One 3-year term for At-Large - Term of Wainwright; One 3- year term for Census Tract I - Term of Isenhart): Applicant: Thomas Wainwright ~yes Nays ~ Nicholson / Buol / _~Cline / /~Connors / ~/Duggan / Markham // ~) Michalski TV Cable Community Teleprogramming Commission (Two unexpired 3-year terms through 6130103; One unexpired 3-year term through 6130105): Applicant: Burton Everist iv/ AyesNays Nicholson · Buol Cline ' ~ichalskl 10 PUBLIC HEARINGS SUSPEND THE RULES Iy~\ Nays L/Cline Connors Duggan Markham Michalski Disposal of Property to Dubuque Initiatives Proof of publication on notice of headng to consider the disposal of real property in the Port of Dubuque to Dubuque Initiatives and City Manager recommending approval. RESOLUTION /-~:~ ~ ~ Disposing of real property by deed to Dubuque Initiatives Suggested Disposition: Receive and File; Adopt Resolution .~/ye~ Nays '~,/ {~]/Nicholson ', --Buol /' 0 Cline / Connors ~ Duggan // Markham J Michalski 11 Tell Council that the Resolution approving the voluntary annexation request needs to he adopted. Tanzanite Drive Right-of-Way- Annexation Request Proof of publication on notice of hearing to consider a voluntary annexation request from the City of Dubuque for two parcels that comprise a portion of the right-of-way for' Tanzanite Drive and City Manager recommending approval. RESOLUTION /-~/'~ ~ ~ Annexing certain territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution y~?~j, Nays [~/Nicholson ~ Buol L~/Cline Connors ~ Duggan / Markham Michalski REINSTATE THE RULES ,/~Ayes Nays Nicholson 2', B.ol ~// ~/~))Cline /~ ~Connom Duggan Markham Michaiski 12 ACTION ITEMS Tara Winger Communication fi*om Tara Winger requesting to address the Council Suggested Disposition: Receive and File Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 13 m Street Closure Request Communication from Thomas W. Parsley, President and General Manager of Radio Dubuque, Inc., requesting the closure of Kennedy Road from the stoplight at Wacker to the stop sign at University and Dodge at two separate times on Wednesday, July 2~, 2003. ~ Suggested Disposition: Receive and File; Council Direction ~ 14 Harvest View Estates Third Addition - Final Plat City Manager recommending approval of the final plat of Harvest View Estates Third Addition as requested by Marry McNamer, Harvest Development Group, [.LC. RESOLUTION /~/'~'- ~.~ Approving the final plat of Harvest View Estates Third Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution es Nays Nicholson Buol /~line · ~_-onnors ~/ r, Duggan Markham /~ Michalski Bell and Fifth Street Construction Project/~v ~ City Manager recommending award of the contract for the Bel~ and Fifth Street Construction Project to Tschiggfrie Excavating in the amount of $1,511,452.70. RESOLUTION /-~-,~ ~ Awarding contract to Tschiggfde Excavating Suggested Disposition: Receive and File; Adopt Resolution ,/~ e~ Nays (.~/Nicholson Buol // Duggan % l :hkah=, 15 Proposed Revision to Code of Ordinances City Manager recommending that a portion of East 16~h Street from Central Avenue to the alley entrance immediately east of Central Avenue be added to the list of streets signed for year-round alternate side parking restrictions. ORDINANCE .~-~:~_~ Amending City of Dubuque Code of Ordinances Section 32-285(b) Altemate Side Street Parking by establishing parking restrictions along a section of Sixteenth Street. Suggested Disposition: Receive and File; Motion B; Motion A  yes Nays ~ Nicholson ~)' Buol ~.~ Cline // (~Connors // Duggan / / Markham // Michalski Reconsideration of Request to Rezone - 296 North Grandview Council Members Ann Michalski and Patricia Cline requesting reconsideration of rezoning property located at 296 North Grandview Avenue. Suggested Disposition: Receive and File; Council Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski Ayes Nays Nicholson Buol Cline Connors Duggan Markham Michalski 16 = National League of Cities Communications from the Iowa League of Cities appointing Council Member Pat Cline to serve as one of Iowa's representatives on the Energy, Environment and Natural Resources (EENR) Policy Committee of the National League of Cities and Council Member John Markham to serve as one of Iowa's representatives on the Finance, Administration and Intergovemmental Relations (FAIR) Policy Committee of the National League of Cities. Suggested Disposition: Receive and File .~ ye,~)~ Nays Cline ·/~ ~ Connors // Duggan ~ ~ Markham / ~ Michals~ = NLC 2003 Information Technology and Communications Steering Committee Communication from the National League of Cities appointing Council Member Dan Nicholson to the 2003 Information Technology and Communications (ITC) steering Committee. Suggested Disposition: Receive and File es Nays Nicholson // ~/Duggan /~ ~ Markham // Michalski COUNCIL MEMBER REPORTS 17 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 Land Acquisition and Pending Litigation - Chapter 21.5(1)(j)(c) 2001 Code of Iowa Motion to go into closed session at ~ ;~ >/ Motion to adjourn at A/~es Nays Nicholson :/. Buol //L/Cline Connors Duggan /{~ Markham Michalski Ayes Nays Nicholson Buol ~Cline onnors Duggan Markham (~ Michalski 18 TO: JEANNE F. SCHNEIDER CiTY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, FEBRUARY 3, 2003, AT 6:30 P.M., IN THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL.