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03 20 00 Minutes CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL 8' March 20, 2000, City Council, Special Session followed by Regular Session. At 5:00 P,M. Council had dinner in the Second Floor Rotunda of the Public Library. At 5:45 P.M. Council convened for the meeting, Public 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 and stated this is a Special Session of the City Council followed by the Regular Session called for the purpose to go into Closed Session re: Purchase of Real Estate (Iowa Code §21.5(1 Hj) and also to act upon such business which may properly come before the City Council. Council Adjourned the Special Session at 6:25 with Statement that Staff had been given proper direction. At 6:30 P.M., Council convened Regular Session in the Public Library Auditorium. The Invocation was given by Father Mark Ressler, Professor at Loras College and Chaplain of Clarke College. Proclamations: "Census Week and Day" received by Susan Gwiasda, City Public Information Officer and "Square Dance Week" received by Bill and Barb Zubler and other square dancers. Minutes Submitted: Building Code Board of Appeals of 3/2; Community Development Advisory Commission of 2/15; Historic Preservation Commission of 2/17 and 3/2; Long Range 8 Planning Commission of 2/23; Transit Board of 3/2; Zoning Advisory Commission of 3/1; Zoning Board of Adjustment of 2/24, upon motion received and filed. Proof of Publication and List of Claims and Summary of Revenues for the month ending January, 2000. Finance Director submitting financial report for month ending February, 2000, upon motion received and filed. Proofs of Publication of Council Proceedings for 2/14, 2/26, 2/21, and 2/28/00, upon motion received and filed. Claims/Suits: BF! of Dubuque in estimated amount of $7,431.63 for property damage; Michael E. Conklin in unknown amount for personal injuries; Justin Heim in estimated amount of $575.16 for vehicle damage; Morse Electric, Inc. in unspecified amount for labor and materials provided on City project, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: personal injury claim of Ginnie Becker; vehicle damage claim of Dan Kruse Pontiac; vehicle damage claim of D. Ron McClain; personal injury claim of Theresa A. Pierce, upon motion received and filed. Communications of City Manager to State Legislators urging support of House File 2528; and communication urging opposition to House File 2503, upon motion received and filed. Communication of City Manager to Senators Harkin and Grassley opposing HR 1000 on 8 FAA Re-authorization, upon motion received and filed. .' Buol moved adoption of Resolution No, 107-00 Granting issuance of Class "C" Beer/Liquor License to P.J.'s Tap and Eagles Club. Seconded by Nicholson, Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: AIRPORT COMMISSION: Applicants - R.J. Blocker, Don Hedeman, Nancy Ann Helling, Jim O'Neill, Richard Wertzberger. R. J. Blocker, Don Hedeman, Nancy Ann Helling, Jim O'Neill and Richard Wertzberger all spoke requesting consideration for appointment. ZONING BOARD OF ADJUSTMENT: Applicant - Michael A. Ruden. No one spoke. Proof of Publication on Notice of Public Hearing to consider disposing of City's interest in property by easement agreement, Communication of City Manager recommending approval of an easement agreement between the City and AT&T Cable Services, Inc., for the installation and operation of an optical fiber communication cable within sections of City-owned conduit, and communication of Linus F. Rothmeyer, NICC Board of Trustees, in support of agreement, upon motion received and filed. Buol moved adoption of Resolution No.1 08-00 Approving an easement agreement between the City of Dubuque, Iowa, and AT&T Cable Services for the installation and operation of a fiber optic communication cable within specific sections of City- owned conduit. Seconded by Nicholson. Motion carried 7-0. 8 Proofs of Publication on Notice of Hearing on City's intent to dispose of the City's interest in Lot 356A of Ham's Addition, and City Manager recommending to proceed with vacating and disposal of real estate to Dubuque Boat Club, Inc., upon motion received and filed. Robbins moved adoption of Resolution No. 109-00 Disposing of City interest in Lot 356A of Ham's Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Highway 20 Landscape Design Bid Package #1 and City Manager recommending to award contract for project, upon motion received and filed. Markham moved adoption of: Resolution No. 110-00 Adopting Plans and Specifications for project; Resolution No. 111-00 Awarding contract for project to Nauman Nursery in the amount of $446,774.42. Seconded by Cline. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Asbestos Removal from the Dolan Building and City Manager recommending to award contract for project, upon motion received and filed. Michalski moved adoption of: Resolution No. 112-00 Adopting plans and specs for project; Resolution No. 113-00 Awarding contract for project to Active Thermal Concepts, Inc., in the amount of $12,904. Seconded by Robbins. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to Council. 8 Jeff Mozena gave a verbal report on the Historic Preservation Seminar. 3 .' Zoning Advisory Commission advising of their approval to rezone property at 2355 Elm Street from R-2A Alternate Two-Family Residential to CS Commercial Service and Wholesale District requested by Steve Boelk and Fred Boyes), upon motion received and filed, An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2355 Elm Street from R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District, 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 Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 3rd day of April, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 8 Zoning Advisory Commission advising of their denial of a request to rezone 222 acres of property from County A-1 Agricultural to City C-3 General Commercial District and City-R-1 Single Family residential District (Requested by John Herrig/Gerald and Judith Siegert); Communication from John W. Herrig regarding rezoning/annexation request; City Manager recommending that the rezoning request be referred back to the Zoning Advisory Commission for a public hearing on a modified plan, upon motion received and filed. John Herrig spoke requesting that this be referred back to the Zoning Advisory Commission. An Ordinance Amending the Zoning Ordinance of the City of Dubuque by reclassifying hereinafter described property located at 11515 English Mill Road from Dubuque County A-1 Agricultural District to City of Dubuque C-3 General Commercial District and R-1 Single-Family Residential District, concurrent with annexation, presented and read. Markham moved to refer this matter back to the Zoning Advisory Commission, Seconded by Nicholson. Motion carried 7-0. City Manager submitting documents providing for construction of the Third Street Parking Ramp, upon motion received and filed. Buol moved adoption of: Resolution No. 119-00 Preliminary approval of plans and specs for project in estimated amount of $5,000,000; Resolution No. 120-00 Fixing date of hearing on plans and specs for May 1, 2000; Resolution No. 121-00 Ordering bids and directing Clerk to advertise. Seconded by Robbins. Motion carried 7-0. There being no further business, upon motion the meeting adjourned at 7:37 P.M. 1 t 3/29 ~///z-z~ ¿¡;;;;;/jO~ ~~nne F. Schneider City Clerk . 5 TO: JEANNE F. SCHNEIDER CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, MARCH 20, 2000, AT 5:30 P.M., IN THE LIBRARY BOARD ROOM TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE COUNCIL. ~~~~ AYOR . 3/20/00