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Proof of Publication - City Council Proceedings December 17 2001frame for for the various portions of construction with comple- tion scheduled for October 2003. There being no further busi- ness, upon motion meeting adjourned at 6:25 P.M. Jeanne F. Schneider City Clerk COUNCIL PRO CCEEDINGS OFCity Council, Regular Session, December 17, 2001 Council met in Regula Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call_ andstated this is the regular session of the City Council called for the purpose of act- ing upon such business which may properly come before the K City Council. • Invocation was given by Sister Margaret Jungers, OSF, Director of Shalom Retreat Center. Michael Mullen, 1280 S. Grandview, spoke thanking Cohisncil years onern the Council. bins for Mayor Duggan also spoke appreciatively of Robbins' many years of service as a Council Member. Minutes Submitted: Airport Commission of 11/26; Cabl- Community Teleprogramming Commission of 12/4; City Council of 12/3 and 12/10; Civil e Commission of 111 /16Sandc12/111 Community Development Advisory Commission of 11/15; Electrical Code Board of 12/3; Historic Preservation Commission of 11/15 an- 12/10; Housing Commission of 11/27; Housing Commission Trust Fund of 11/29; Zoning Advisory Commission of 12/5; 11/29, Boardumo mottment of ionreceived and filed. Printed Council Proceedings for October, 2001, upon motion approved as printed. Proof of publication for City Council Proceedings of November 13 and 19, 2001 and List of Claims and Summary of Revenues for month ending motiionober 31, rreceived 2001, upon and filed. Finance Directorsubmitting the Financial Reports for e month ending potion nber 30, received 2001, upon and filed. Notice of Claims/Suits: Kelly Davis in estimated amount of $512.00 for vehicle damage; Farm Bureau Insurance in undetermined amount for per- sonal injury and property dam- age of Earl Hinzmann; Jame Schumacher in estimated amount of $983.29 for vehicle damage; Robert Wild in unde- termined amount for property damage, upon motion referred to the Legal Staff for investiga- tion and report. Corporation Counsel advising that the following have been referrred to claims PublicEntity Risk Services of fhIowa, agent for Iowa Communities Assurance Pool: Kelly Carla Deutmeyervehicle da m- age; per - Dubuque Rescue sissi injury; Mission for property damage; Dubuque Thunderbirds d/b/a Dubuque esmage; Kenneth Inc. for operty d Metz for vehicle damage; James Schumacher for vehicle damage, motion received and filed and con- 1 curred. Corporation Counsel recom- mending settlement of the claim of Theresa Northouse in the amount of $84.80 and that the Finance Director be autho- rized and filed and on mot on received amount, uapproved recom- mendation. Corporation Counsel recom- mending denial of the claim of Virginia Bird for motionhicle received darn - age, upon and filed andconcurred.mitwith Grant Ag Northeast Iowa School o Music: City Manager recom- mending approval of a grant agrertheast Iowament Schoolwith ofMus co waaspart of the Uptown Recreation Program, upon motion received and filed and approved recommendation. Civil Service Commission. Civil Service Commission sub- mitting the certified list for the position of Firefighter, upon motion received and filed and made a matter of record. Multi -Unit Housing Assessment: munication rIt, oer to area legis- Garfield from Dock to Fengler Project recommendingAcceptance: Manager acceptance of the Sanitary Sewer Reconstruction - Alley Between Rhomberg and Garfield from Dock to Fengler Project in the final contract amount of $104,713.82, upon motion received and filed Buol moved adoption of Resolution No. 529-01 Accepting improvement and Resolution No. 530-01 Approving final contract amount of $104,713.82. . Seconded by Motion carried 7-0. Fifth Street Ramp Improvements Project - Acceptance: City Manager or recommending acceptance the Fifth Street Ramp Improvements Project in the final contract amountmotion $415,062, upon received and filed. Buol moved adoption of Resolution No. 531-01 Accepting improvement and Resolution-, No. 532-01 Approving final contract amount of $Robbins.2 Seconded by Motion carried 7-0. Supplement No. 53 to the Code of Ordinances: City Manager recommending adoption of Supplement No. 53 to the Code of Ordinances, upon motion received and filed. Buol moved adoption of Resolution No. 533-01 Supplement No. 53 Adopting to the Code of Or Robbins. Seconded by Motion carried 7-0. Clark's Subdivision No. 2 - Plat of Survey: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Clark's Subdivision No. 2 as request- ed by the City of Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 534-01 Approving the Plat of Survey of Clark's Subdivision No. 2 in the City of Dubuque, Iowa... a. Seconded by Motion carried 7-O Riprow Valley - Recreational Trails Grant: CityManager recommending approval, submission of a grant applica- tion for Recreational Trail Funds in the amount of on of land O96 for forr the Riprow t�Valley Recreational Area, upon -- motion received and filed. Buol moved adoption of Resolution No. 535-01 Authorizing a grant application to the Iowa Department of Transportation for Recreational Trails Funds for acquisition of land in the Riprow Valley. Seconded by Robes storiCMD n str ct1ed 7-0. Design_ _ Guidelines Grant Agreement: City Manager recommending approval of a Preservation Services grant agreement for the Historic District Design Guidelines Manual, upon motion received and filed and approved. Hughes Court Subdivision Zoning Plat of Survey: Advisory Commission recom- mending approval of the CourtPlat of Survey of Hughes Subdivision as requested by Schneider Land Surveying, upon motion receivedand filed. Buol moved adoption of 536-01 Resolution No. Approving the Plat of Survey of Hughes Court Subdivision. — Seconded by Motion carried 7-0. 550 May Place - Demolition Permit Request: Historic Preservation Commission rec- ommending approval of a request from Loras CCollege e to demolish propertY at 550 May Place to provide parking for proposed student -- housing, upon motion received and filed and approved recom- mendation. 1504 Henion Street - Demolition Permit Request: Historic Preservation Commission recommending approval of a request from Loras College to demolish property located at 1504— - Henion Street to provide park- ing for proposed student housing, upon motion received and filed and approved recom- mendation. 1490 Henion Street - Demolition Permit Request: Historic Preservation Commission recommending approval of a request from...— Loras College to d at dem1490 olish property Henion to provide parking for proposed student housing, upon mapproved pp n ovedCeived and recommeniled da- and app tion. 1470 Henion Street - Demolition Permit Preservation.-- Historic Commission recommending approval of a request from Loras College to demolish orooertY located at 1470 iolul uac 41 deal loua uo( U0REJaI ds tie ss )1 /EJJI lg !Plato LW eu1J •(uo1 18-90i selouu DO sli. woo/PJ M01Ma11 /SG iV( UJEO UO peptic DUE 'Of )4/ 'a e114M El uld 38 s;ler Jonb fl tile • H puE .g/1ueir of ei eloH) nssl 6L uoll( i a eonpc ;pia, of IEoc ,e„ SSE O 1.0-t )I1dop8 SEEL )ue6y slyl - 1 wale asua: uno0 i1EJod.' E }O ( •1 al' wal anb( 10816E puE .oul ,s aL Jdolan 5v WE pirtag Aq y uol udda io0 uo /1111osi 11oW 3puoc puE 06iic }o a d put ing for proposed student housing, upon motion received and filed and approved recom- mendation. Routley Center - Irrevocable_ License: City Manager recom- mending approval of a request from Lowell Routley for an irrevocable license to install an entrance ramp and steps at the 13th Street side of the Routley Center to facilitate access to two entrances, upon motion received and filed and approved recommendation. -- Human Rights Commission 2001 Annual Report: Communication from the Human Rights Commission submitting their 2001 Annual Report, upon motion received and filed. Series 2001 General Obligation Bond Sale: City Manager recommending the_ issuance of $9,500,000 General Obligation Bonds, Series 2001 in support of the America's River Project, upon motion received and filed. Buol moved adoption of Resolution No. 537-01 Appointing Wells Faro 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 and Resolution No. 538-01 Authorizing and providing for the issuance of $9,500,000 General Obligation Bonds, - Series 2001, and levying a tax to pay said bonds. Seconded by Robbins. Motion carried 7- 0. Series 2002 General Obligation Bond Sale: City Manager recommending the issuance of $2,860,000 General Obligation Bonds, Series 2002 in support of the America's River Project, upon motion received and filed. Buol moved adoption of Resolution No. 539-01 Appointing Wells Faro 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 and Resolution No. 540-01 Authorizing and providing for the issuance of $2,860,000 General Obligation Bonds, Series 2002, and levying a tax to pay said bonds. Seconded by Robbins. Motion carried 7- 0. Ruscilli/McGraw-Hill Subordination Agreement: Corporation Counsel recom- mending approval of a Subordination Agreement as submitted by National City Bank as provided for in the Development Agreement with Ruscilli Development Co., Ltd and the McGraw-Hill Companies, Inc., upon motion received and filed and approved agreement. Dubuque County Law Enforcement Center - Irrevocable License: City Manager recommending approval of a request from Prism Corporation on behalf of Dubuque County for an irrevo- cable license to install a tie- back system beneath Central Avenue - this item removed from the Agenda. Business Licenses: Buol moved adoption of Resolution No. 541-01 Granting issuance of a Class "B" Beer Permit to UAW Local #94 and Class "C" Beer Permit to Iowa Potato and Produce House and IOCO Speede Shoppe and Resolution No. 542-01 Granting issuance of a Class "LB" (Hotel/Motel) Liquor License to Hoffman House Restaurant/3100 Club, Julien Inn, and Holiday Inn Five Flags; and Class "C" Beer/Liquor License to Michael's Bar X, Ryan House, Ten Pin Tap, The Moracco, The White House, Copper Kettle, The Fannie Stout House, and Pepper Sprout. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS: Interview for the followin. Board/Commission: Human Rights Commission (Three vacancies for terms through 1/1/05 - Blau, Determan, and Sutton). Applicants: - Sr. Corine Murray, PBVM; Lou Oswald; Bill Ross. Sr. Corine Murray, Lou Oswald and Bit Ross all spoke requesting con- sideration for appointment Upon motion it was resolved to keep the interview process open through the next Council Meeting. Appointment to the following Commission: Environmental Stewardship . Advisory Commission (One unexpired term through 10/01/04). Applicant: John Nemmers. Upon motion Mr. Nemmers appointed. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. 3030 Brunskill Road - Rezoning Request: Proof of publication on notice of hear- ing to consider rezoning prop- erty located at 3030 Brunskill Road from PUD Planned Unit Development District to R-1 Single -Family Residential District as requested by Paula Behr, American Realty/Patzer Investments, LLC, and Zoning Advisory Commission recom- mending approval, upon motion received and filed Paula Behr spoke in favor of the proposed zoning change. Ordinance No. 79-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3030 Brunskill Road from PUD Planned Uni Development District to R-1 Single -Family Residential District, presented and read. Buol moved that the require- ment 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 con- sideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Dubuque Yacht Basin Lease Amendments: Proof of publi- cation on notice of hearing regarding amendments to three lease agreements between the City an. Dubuque Yacht Basin to extend the termination dates and City Manager recom- mending approval, upon motion received and filed. Communication from Art Gilloon, representing the Dubuque Yacht Basin, clarify- ing the Lease Amendments and Public Works Director Mike Koch confirming that the City agrees with the clarifica- tion, upon motion received and filed. Markham moved adoption of Resolution No. 543-01 Approving Fourth Amendment to Lease Agreement (April 8, 1970) between Dubuque Yacht Basin, Inc., and the City of Dubuque; Resolution No. 544-01 Approving Second Amendment to Lease Agreement (February 5, 1974) between Dubuque Yacht Basin, Inc., and the City of Dubuque, and Resolution No. 545-01 Approving Fourth Amendment to Lease Agreement (November 23,. 1987) between Dubuque Yacht Basin, Inc., and the City of Dubuque. Seconded by Cline. Motion carried 7-0. Main Street Opening from 5th to 9th - Award of Contract: Proofs of publication on notice of hearing on plans and speci- fications, and notice to bidders on the receipt of bids, and City, Manager recommending award of the contract for the opening of Main Street from 5th Street to 9th Street to Portzen Construction, Inc., in the amount of $1,864,870.39, presented and read. Communication from Thomas G. Bond, Dubuque TV Limited Partnership, expressing oppo- sition to the proposed assess- ment to his property at 744 Main Street, upon motion received and filed. Communication from Michael J. Kielty, Banner Investments, in opposition to the proposed street assessment for his property at 799 Main Street, presented and read. .. Communication of David W. Leifker regarding Town Clock Plaza, presented and read. Petition from property owners (13) in support of reopening Main Street and their pro- posed assessments, present- ed and read. A Resolution adopting plans and specifications for the pro- ject; a Resolution amending preliminary schedule of assessments for Main Street Reconstruction Project - 5th to 9th Streets; a Resolution with respect to the adoption of the Resolution of Necessity proposed for the Main Street Reconstruction, 5th to 9th Streets; and a Resolution awarding contract to Portzen Construction, Inc. in the amount of $1,864,870.39, pre- sented and read. Cline moved to receive and file the proofs and communications and adopt the Resolutions. Seconded by Nicholson. No vote taken on the motion. Becky Sisco, 1205 Pamela Ct.,. spoke in favor of opening the Town Clock Plaza to through traffic with a stop light at Fifth and Main and other considera- tions. Dan LoBianco of Dubuque Main St. spoke in support of reopening on behalf of many property owners downtown, citing the fact that the design is good and bid extremely favorable. Karla Berns, Provost and as a representative of the Northeast Iowa Community College Board of Trustees, spoke stating that the Board of Trustees reaffirmed their earli- er position that the Plaza remain closed. Thad Gavin, a Partner of Banner Investments, an assessed property, spoke in favor of opening but ques- tioned the amount of the assessments. Mike Portzen, of Portzen Construction, the firm with the most favorable bid, spoke stating that he had bid this project in good faith and is dis- appointed that the project needed a three -fourth vote to go forward. Jim Gruber, 3103 Asbury, spoke objecting to the possi- ble reopening of the Plaza. Bob Felderman, 1980 Marion, spoke requesting that that the Council open the Plaza and award the contract. Discussion ensued about the bid being good for only 30 days with the next Council Meeting being 32 days. Mr. Portzen said he would extend the bid for that extra amount of time. Buol moved to close the pub- lic hearing. and table this mat ter to the January 7th Council meeting and extend the con- struction time frame accord- ingly. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Iowa Friends of Extension,, Award: Beverly Berne and Ellen Spurlock, Field Specialists from the Dubuque County Extension Office, pre- sented David Harris and Joleen Patterson with Iowa Friends of Extension Award. Upon motion the Council com- mended Housing and Community Development. Director David Harris and Housing Rehabilitation Supervisor Joleen Patterson. Sanitary Sewer Connection Policy: City Manager recom- mending approval of revisions to the City's policy for estab- lishing limits on sanitary sewer connection costs, upon motion received and filed and, 'approved recommendation. Jaeger Heights Subdivision No. 2 - Final Plat: City Manager recommending approval of the final plat of Jaeger Heights Subdivision No. 2 with conditions, upon motion received and filed. Robbins moved adoption of Resolution No. 546-01— Approving Lots 3 and 4 of Block 5, Lots 4 through 10 of Block 6, Lot D of Block 6, and Lots 1 through 15 of Block 7 of Jaeger Heights Subdivision No. 2, in the City of Dubuque, Iowa. Seconded by Buol. Motion carried 6-0 - Nicholson out of the Chambers briefly. Transition for the Imposition. of Taxes and Annexation Areas: Communication from Corporation Counsel Barry Lindahl regarding the transi- tion for the imposition of taxes after property has been annexed to the City and com- munication from Art and Karen Rokusek, Kim Sanford, and Tom and Charlotte Pfeifferi regarding the imposition of property taxes, upon motion received and filed. Ice Harbor Urban Renewal District: City Manager recom- mending adoption of a Resolution of Necessity finding that an Amendment to the Urban Renewal Plan for the Ice Harbor Urban Renewal District is necessary, upon motio received and filed. Markham moved adoption of Resolution No. 547-01 of Necessity find- ing that an amendment to the Urban Renewal Plan for the Ice Harbor Urban Renewal District is necessary in the interest of the residents of the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7- 0. Port of Dubuque Brownfields Assessment Demonstration Pilot Program: City Manager recommending approval of an application to the U.S. Environmental Protection Agency for partici- pation in the Brownfields Assessment Demonstration Pilot Program for the Port of Dubuque area, upon motion received and filed. Robbins moved adoption of Resolution No. 548-01 Authorizing the fil- ing of a proposal for the Brownfields Assessment Demonstration Pilot Program for environmental assess- ments in the Port of Dubuque. Seconded by Markham. Motion carried 7-0. Stormwater Management - Drainage Basin Plan and Stormwater Management Plan: City Manager recom- mending adoption of the City of Dubuque Drainage Basin Master Plan (DBMP) an• authorization to prepare Requests for Proposals for a corridor study to establish the alignment of the Bee Branch basin flood control channel, upon motion received and filed. Discussion ensued about the 20 year duration of the storm water utility, the loss of 70 homes, and the time frame for the proposed Plan. Nicholson moved adoption of Resolution No. 548-01 Adopting the City of Dubuque Drainage Basin Master Plan, authorizing a Request for Proposals for a corridor study to establish the alignment of the flood control channel rec- ommended in the Drainage Basin Master Plan. Seconded by Buol. Carried by the follow- ing Ma Nic Duc V1 Pro Mai tion the Rec City that Jan mot Bul Res Prel and No. hea cati, 01 Res date of I 6:3C aid Cler mar Res App ule Res Ord( Marl Jo Man tion the City that Jan( moti Buo Res( Preli and No. hear catic P.M. toriu pubs pres Resc Ord Marl( Relo Initia men( ding Dub( unit housing assessments, upon motion received and filed. City Hall Interior Remodeling Protect - Acceptance: City __..,..•.enriinn ict on tm on id - :he ce ict of of by. 7- ent am: ling i to ntal tici- ;Ids.. tion t of tion ?ins ion fil- the lent ram ss- aue. am. it - and lent om- City asin and ?are sr a the inch mel, and the ?rm 70 for not 3-01 !due 'Ian, for tudy it of rec- rage ided low- ing vote: Yeas—Buol, Cline, Markham, Michalski, Nicholson, Robbins. Nays — Duggan. ITEMS TO BE SET FOR PUBLIC HEARING White Street Reconstruction Project - Initiate: City Manager recommending initia- tion of the bidding process for the White Street Reconstruction Project and City Manager recommending that a public hearing be set for January 21, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 550-01 Preliminary approval of plans and specifications; Resolution No. 551-01 Fixing date of hearing on plans and specifi- cations; Resolution No. 552- 01 Resolution .of Necessity; Resolution No. 553-01 Fixing date of hearing on Resolution of Necessity for 1/21/02. atr 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law; Resolution No. 554-01 Approving preliminary sched- ule of assessments; Resolution No. 555-01 Ordering bids. Seconded by Markham. Motion carried 7-0,. Jaycee Trail - Initiate: City Manager recommending initia- tion of the bidding process for the Jaycee Trail Project and City Manager recommending that a public hearing be set for January 21, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 556-01_ Preliminary approval of plans and specifications; Resolution No. 557-01 Fixing date of hearing on plans and specifi- cations for 1/21/02 at 6:30 P.M. in the public library audi- torium and that the City Clerk publish notice in the manner' prescribed by law and Resolution No. 558-01. Ordering bids. Seconded by Markham. Motion carried 7-0. Port of Dubuque Utility Relocation Project Phase II - Initiate: City Manager recom- mending initiation of the bid- ding process for the Port of Dubuque Utility Relocation Project Phase II and City Manager recommending that a, - public hearing be set for January 21, 2002, upon motion received and filed. Buol moved adoption , of Resolution No. 559-01 Preliminary approval of plans and specifications; Resolution No. 560-01 Fixing date of hearing on plans and specifi- cations for 1/21/02 at 6:30_, P.M. in the public library audi- torium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 561-01 Ordering bids. Seconded by Markham. Motion carried 7-0. Watermain and Road Extension from Chavenelle Road at Radford Road to theme Industrial Park: City Manager recommending that a public hearing be set for January 21, 2002 on the acquisition of land to construct the Chavenelle Road Watermain Extension and for the extension of Chavenelle Road, upon motion received and filed. Buol moved adoption of Resolution No. 562-01 Setting a time and place for public hearing on a proposed public improvement project to construct the Chavenelle Road watermain extension and to acquire prop- erty for the extension of Chavenelle Road, and to acquire agricultural land for the project and that the public:. hearing be 1/21/02 at 6:30 P.M. in the public library audi- torium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. City Manager recommending approval of a Purchase Agreement with Vincent and_. Louella McFadden for acquisi- tion of property for the exten- sion of Chavenelle Road and watermain extension, upon motion received and filed and approved recommendation. There being no further busi- ness, upon motion meeting adjourned at 8:11 P.M. Jeanne F. Schneider -- City Clerk it 12/26 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, beh a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates PP(' em ,be r l� , 20 C / , and for which the charge is $ c26 7 • t 2 • --F04 reanef°1/)1 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this o2'76 day of a2,ce,-,�i..41 20 _z(7' Notary Public in and for Dubuque County, Iowa MARY K. WESTERMEYER MY COMMISSION EXPIRES FEBRUARY 1, 2002