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2 2 04 Skeleton SheetCITY COUNCIL SPECIAL ~ESSION, FEBRUARY 2, 2004 COUNCIL MET IN SPECIAL SESSION AT 5:30 P.M. IN THE LIBRARY AUDITORIUM PRESE./i~MAY0 ~GGAN, C(~JNCiL MEUBERS BUOL, C i~NE, CONN~ORS, MARKHAM. MIC~S~. NICH~SON Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of receiving a presentation by the Convention and Visitors Bureau Motion to adjoum at ~'~ ~ 7 Ayes Nays /~ Markham //. /~Michalski // L/Nicholson Buol / / line / [~/Connors ~// Duggan CITY COUNCIL REGULAR SESSION, FEBRURAY 2, 2004 / COUNCIL .MET IN REGULAR SESSION AT 6:30 P.M. IN THE UBRARY AUDITORIUM PRESENT./MAYOR/D~GAN, C~)UNCIL MEMBERS BUOL, C~INE, COt~NORS, CITY MANAGER,S/AN MILLIGEN; CORPORATION COUN~EL LINDAHL ABSENT: Mayor Duggan read the call and stated this is .d~..I session of the City Counc,I called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Dr. John E. Kerrigan, Interim President of Loras College PROCLAMATION: Child Passenger Safety Week 2 = CONSENTITEMS e.~ Nays ~//J Markham -/~Michalski ~l~icholson // Cline Connors Duggan Minutes and Reports Submitted Cable TV Regulatory Commission of 1/14; City Council of 1/19 and 1/26; Civil Service of 1/8; Environmental Stewardship Advisory Commission of 1/6; Historic Preservation Commission of 1/15; Housing Code Appeals Board of 12/16; Housing Commission of 12/9; Investment Oversight Advisory Commission of 1/22; Library Board of Trustees of 12/18 and 1/7; Long Range Planning Advisory Commission of 1/21; Park and Recreation Commission of 1/13; Zoning Board of Adjustment of 1/22 Investment Oversight Commission's 42nd Quarterly Report Camegie Stout Public Library Board of Trustees Update Substance Abuse Services Center Fiscal Year 2004 Second Quarterly Report Proof of publications for City Council PrOceedings of 12/15, 12/18, and 1/5 Suggested Disposition: Receive and File Notice of Claims/Suits Dubuque Storage and Transfer Company for property damage; Glenview Motel for property damage; Linda C. Hoeffiin for personal injury; Lynn Jagietski for personal injury; Eric Schmitt for vehicle damage; Lynn Valley 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: Norma Furry for property damage; Lynne Jagieiski for personal injury Corporation Counsel recommending settlement of the claim of Edc Schmitt for vehicle damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment 3 m Citizen Communications Communication from Michael D. Gibson, Fly-By-Night Productions expressing concems regarding the privatization of the Five Flags Civic Center. Communication from Brian J. Behr, 9498 Hwy 52 South, regarding the relocation of Apex. Suggested Disposition: Receive and File Residential Parking Permit District Petition for a Residential Parking Permit District on West 16th Street (Cornell to Fairview), Comell Street, Pickett Street, May Place and 15th Street (Comell to Fairview) Suggested Disposition: Receive and File; Refer to City Manager Environmental Stewardship Advisory Commission Communication from Daniel J. Calvert submitting his resignation from the Environmental Stewardship Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation Iowa Department of Economic Development Communication from Steven R. McCann, City Development Administrator for the Iowa Department of Economic Development, advising that the City Development Board will review the Cites request for a voluntary annexation on February 12, 2004. Suggested Disposition: Receive and File Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 4 Adams Company Loan Agreement City Manager recommending approval of a Loan Agreement with American Trust and Savings Bank, authorizing the issuance of $500,000 in General Obligation Loan Notes, and levying a tax to pay the notes for the Adams Company relocation project. ~ESOLUTION .~--~2 ~// Approving and authorizing a form of loan agreement and authorizing and providing for the issuance of $500,000 General Obligation Capital Loan Notes, Sedes 2004, and levying a tax to pay the notes Suggested Disposition: Receive and File; Adopt Resolution Acceptance of Warranty Deeds - US 20 Widening Project City Manager recommending acceptance of warranty deeds for property pumhased for the US Highway 20 widening project. RESOLUTION ,~' - ~) / Accepting a conveyance of property being a part of Lot 1 of Wilson Bros. Place to the City of Dubuque '~'~ - ~/ Accepting a conveyance of property being a part of RESOLUTION, ~,- / , Lot I of Ramada Inn Place to the City of Dubuque RESOLUTION , ~g~?/-0/ Accepting a conveyance of property being a part of Lot I of t of Harwood Place in Section 27, Dubuque Township, to the City of Dubuque RESOLUTION /~/~2 - g? ~-/ Accepting a conveyance of property being a part of Lot I of Center Grove Methodist Episcopal Church and Cemetery Subdivision to the City of Dubuque RESOLUTION /-/~ ~ g:~/~// Accepting a conveyance of property being a part of Lot I of 1 of I of I of I of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, to the City of Dubuque RESOLUTION ~-/// -/--~/--// Accepting a conveyance of property being a part of Lot 2 of 1 of I of I of Correction Plat of Lot 1 of Mineral Lot 246 to the City of Dubuque RESOLUTION /~;7~-~/ Accepting a conveyance of property being a part of Lot I of Cleve Place to the City of Dubuque Suggest~l Disposition: Receive and File; Adopt Resolutions 5 Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 10. 11. Iowa Department of Transportation Communication from Richard Kautz, Iowa Department of Transportation, advising that the IDOT does not intend to conduct a traffic study or hold a public hearing conceming the Apex Company rezoning issue. Suggested Disposition: Receive and File Fiscal Year 2004 Airport Capital Improvement Project City Manager recommending approval of the addition of three Fiscal Year 2004 capital improvement projects in the total amount of $30,000 at the Dubuque Regional Airport. Suggested Disposition: Receive and File; Approve Garfield Place Urban Revitalization Plan Communication from the Long Range Planning Advisory Commission advising that the Amended and Restated Garfield Place Urban Revitalization Area Plan is consistent with the Comprehensive Plan and recommending City Council adoption. Suggested Disposition: Receive and File Ayes Nays Markham Michalski Nicholson Buol Cline Connora Duggan 6 12. 13. 14. 15. John F. Kennedy Road Reconstruction Project City Manager recommending acceptance of the John F. Kennedy Road Reconstruction Project as completed by Flynn Company in the final contract amount of $1,305,965.50 and adoption of the preliminary schedule of final assessments. RESOLUTION /-//~"'~'~// Accepting improvement RESOLUTION ~ ~/~/-/// Approving final contract amount RESOLUTION /~/'~2 ~ Approving preliminary schedule of final assessments Suggested Disposition: Receive and File; Adopt Resolutions 2003 Sidewalk Assessment Project City Manager recommending approval of the final assessment schedule for the 2003 Sidewalk Assessment Project. RESOLUTION ~/~ i~',~// Adopting the final assessment schedule for the 2003 Sidewalk Assessment Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution Quarterly Investment Report City Manager transmitting the December 31, 2003 Quarterly Investment Report. Suggested Disposition: Receive and File Iowa Governor's Traffic Safety Application City Manager recommending approval of an Iowa Governor's Traffic Safety Application for additional traffic safety funds for the detection and apprehension of impaired drivers. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 7 t6. 17. 18. Carter Road Detention Basin Property Acquisition City Manager recommending approval to establish the fair market value of one parcel of rand and an easement necessary to be acquired for the Carter Road Detention Basin and authorization to negotiate for purchase of the property and the easement. RESOLUTION /~/*~/~//' Establishing the fair market value of certain real estate owned by Delbert G. Miller in the City of Dubuque, Iowa RESOLUTION ~/~- O ~/' Establishing the fair market value of certain interests in real property owned by Lan~ W. and Kathy F. Miller in the City of Dubuque, iowa Suggested Disposition: Receive and File; Adopt Resolutions Police Department Fire Proof Vests City Manager recommending replacement of the Ultima II vests currently in use by the Police Department, which have been found to be defective, with the Second Chance Monarch Summet Bulletproof Vest at a cost of $17,061.61. Suggested Disposition: Receive and File; Approve Business Ucenses RESOLUTION /~/~'~'~/' Granting the issuance of Class "C' Beer Permit to Lee's 76NVest Locus~ Mart, Dubuque Discount Gas, Oky Doky #8, and El Paisono RESOLUTION ~-~ ~///Granting the issuance of Class "C' Beer/Liquor License to Town Clock Inn, Dubuque Mining Company, Goetz's and Pusateris Suggested Disposition: Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 8 ITEMS TO BE SET FOR PUBLIC HEARING Old Mill Road Property - Lease Agreement- February 16, 2004 Fremont Avenue Reconstruction Project - March 1, 2004 Markham Michaiski ConnTM - om Duggan ,, Old Mill Road Property - Lease Agreement City Manager recommending that a public hearing be set for February 16, 2004, to consider a lease agreement with David Hartig for four properties on Old Mill Road which the City acquired through the Hazard Mitigation Grant Program (HMGP) and which must remain open green space as a condition of the HMGP program. RESOLUTION ~'"/'~ ~2 z~ Establishing a public hearing for the disposition of Old Mill Road property Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing Fremont Avenue Reconstruction Project City Manager recommending initiation of the bidding process for the Fremont Avenue Reconstr~n Project and that a pubtic hearing; be held on Mamh I, 2004. Preliminary approval of plans and specifications Setting date of headng on plans and specifications Approving preliminary schedule of assessments of Necessity Fixing date of hearing on Resolution of Necessity Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 311104 9 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the foltowing Commission: Community Developnr.~nt Advisory Commission (Two 3-Year At-Large Terms to Expire 211 SI07 - Terms of Giesen and Maloy and One 3-Year Low/Moderate Income Term to Expire 2/17/07 - Vacant): A. pp#ca.;~: James Giesen and Paula Maloy, SVM 1! PUBLIC HEARINGS SUSPEND THE RULES :y,~ Nays /~-~ Markham ~ Nmhoison Cline Connors Downtown Master Plan Proof of publication on notice of hearing to consider adoption of the Downtown Master Plan. Communication from the Long Range Planning Advisory Commission recommending adoption of the Downtown Master Plan. City Manager transmitting transcriptions of the public comments received to date at the display of the Downtown Master Plen located in ~ Carnegie-Stout: Public Library. City Manager transmitting revised Action Matrices by Timeframe for the Downtown Master Plan as requested by the City Council. Communication from ~ Historic Preservation Commission in support of the Downtown Master Plan. Communication from the Community Development Advisory Commission in support of the Downtown Master Plan. Communication ~m Dubuque In--es in support of the Downtown Master P~n. Communication from James M. Pfohl, President of The Fischer Companies, requesting that fl~e Downtown Master Plan be approved. RESOLU3qON ~-~? ~/ Adopting the Downtown Dubuque Master Plan Suggested Disposition: Receive and File; Adopt Resolution 12 .v~Ayes Nays _~ Markham / NichoLson Buol "~'; 0 Cline Connors Dug§an 13 Proof of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Westbrook Sanitary Sewer F_~ension Project to Cailahan Co~_~truction in ~e amount of $127,141. RESOLUTION Adopting p~_~d~/specificati°ns RESOL~ ~ - 4;2 ~,~ Awarding cor~act to Caltahan Construction Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Markham /3 ~ilichalski ~(.~_icholson · Connors Duggan REINSTATE THE RULES Nays Markham MichalskJ Nicho~son Cline ~) Connors Duggan 14 ACTION ITEMS Stone Brook Center Second Addition City Manager recommending approvai of the final plat of Stone Brook Center Second Add~ ~ocated along US Highway 20 north of ff'~ access drfve for Barrington Lakes Subdivision. RESOLUTION ~//~ ~'/ Approving the final plat of Stone Brook Center Second Addition in the City of Dubuque, i(~wa Suggested Disposition: Receive and File; Adopt Resolution ~ ~//Michalski ~' Nicholson ~ /~ Ciine  ~ Connom Duggan Iowa League of Cities Communicat~n form Thomes G. Bredev~g, Iowa League of Cities, advising that Council Member Patricia Cline has been appointed to serve as one of Iowa's representatives on the NLC Energy, Environment and Suggested Disposi~on: Receive and File; Approve Appointment Ayes Nays Markham ~ Michalski //~ Nicholson _ Cline ///~) Connors ~" Duggan COUNCIL MEMBER REPORTS 15 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 cleady. 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. Motion to adjourn at ~ ~ ~/Aye~ Nays / ~'~/)/~lichalski ~Nicholson ~. Cli~ ~nno~ Duggan 16