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01 18 99 Minutes this Meeting CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council met Monday, January 18, 1999 at 5:00 p.m. for dinner on the Second Floor of the Public Library. At 5:30 p.m. Council convened in the Public Library Auditorium for a Work Session to discuss the North Grandview Avenue Extension. Present: Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen. Absent: Mayor Duggan at Roll Call. Mayor Duggan entered at 5:54 P.M. Consensus was to leave the road in the plan. Meeting adjourned at 6:34 p.m. )JMUt{d~ MaWA. Davis CMC, City Clerk ################################################### BOARD OF HEALTH OFFICIAL Regular Quarterly Meeting, January 18, 1999 Board of Health met at 6:55 p.m., Public Library Auditorium Present: Chairperson Duggan, Board Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Chairperson Duggan read the call and stated this is the Regular Quarterly Board of Health meeting called for the purpose to act upon such business which may properly come before the Board. Public Health Specialist Mary Rose Corrigan submitted a report to the Board on the Head Lice Control Plan, upon motion received and filed. There being no further business, upon motion meeting adjourned at 6:56 p.m. g~J~ Mary;( Davis CMC, Secretary, Board of Health 1 ################################################### COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, January 18, 1999 Council met at 7:00 P.M., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Meeting of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Ken Jones, Minister of The Dubuque Church Of Christ. Mayor Duggan and Council Member Markham made a presentation to Tatyana (Tanya) Louzgina, gymnast, and her coach, Mrs. Natalia Zakharova, from Pyatigorsk, Russia. Rick Dickinson, gave a positive verbal six month progress report on Greater Dubuque Development Corporation (G. D.O. C.). MINUTES SUBMITTED-- Civil Service Commission of 11-17 & 12-1; Community Development Advisory Commission of 12-1; Transit Trustee Board of 12-17; Zoning Advisory Commission of 1-6, upon motion received and filed. Printed Council Proceedings for month of November, 1998, presented for approval, upon motion approved as printed. Finance Director submitting financial report for month ending December, 1998, upon motion received and filed. Proofs of Publication on Notice of publishing List of Claims and Summary of Revenue for month ending 11-30-98; Council Proceedings for meetings of 12-15-98 & 12-21-98, upon motion received and filed. Convention & Visitors Bureau submitting their quarterly report, upon motion received and filed. NOTICE OF CLAIMS/SUITS -- Marlyn J. Langevin in amount of $328.00 for water damages; Scott Leibfried in amount of $253.99 for vehicle damages; Rafoth Sheet Metal Inc. in amount of $2,117.94 for vehicle damages; Gary Ristow in amount of $53.49 for personal clothing loss, upon motion referred to the Legal Staff for investigation and report. 2 Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Personal injury of Lois Westemeier; False Arrest of Michael J. Shaffer, upon motion received and filed. Corporation Counsel advising vehicle damage claim of Richard Meehan has been administratively closed, upon motion received and filed. Civil Service Commission certifying list of individuals who have successfully passed the FOREMAN position exam, upon motion resolved to make this a matter of record. City Manager advising of transmittal of application to State Historical Society for Historic Resource Development Program funds for 5 interpretive signs along Heritage Trail and the Mississippi Riverwalk, upon motion received and filed. City Manager requesting approval to submit application to the Iowa DNR for Marine Fuel Tax funds to assist with reconstruction of the Schmitt Harbor Boat Ramp, upon motion received and filed. Voetberg moved adoption of Resolution No. 12-99 Authorizing application for Marine Fuel Tax Funds for Reconstruction of the Schmitt Harbor Boat Ramp. Seconded by Buo/. Motion carried 7-0. Zoning Advisory Commission advising of their approval of plat of Lookout Point Subdivision NO.2. (John & Alice Butler - 1960 and 2000 South Grandview Ave.), upon motion received and filed. Voetberg moved adoption of Resolution No. 13-99 Approving Plat of Survey of Lots 1 and 2 of Lookout Point Subdivision NO.2. Seconded by Buo/. Motion carried 7-0. Zoning Advisory Commission advising of their approval of plat in Darwood Acres in Dubuque County. (Larry Tscharner), upon motion received and filed. Voetberg moved adoption of Resolution No. 14- 99 Approving plat of survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 Darwood Acres Subdivision in Dubuque County. Seconded by Buo/. Motion carried 7-0. Zoning Advisory Commission advising of approval of request by Ron Smith for extension of time limit for submittal of final plan for PR Planned Residential District for Loras Estates, upon motion received and filed. City Manager submitting copy of letter sent to Project Manager for lOOT regarding U.S. 20 Capacity Bridge Study, upon motion received and filed. City Manager recommending acceptance of Washington Street from 14th to 30th Sts. Curb Ramps project, upon motion received and filed. Voetberg moved adoption of: Resolution No. 15-99 Accepting Improvement for project; Resolution No. 16-99 Approving final estimate in amount of $40,314.20. Seconded by Buo/. Motion carried 7-0. City Manager recommending acceptance of 1997 Curb Ramp - Sidewalk project, upon motion received and filed. Voetberg moved adoption of Resolution No. 17-99 Accepting Improvement for 3 project and Resolution No. 19-99 Approving final estimate in amount of $71,424.79. Seconded by Buo!' Motion carried 7-0. City Manager recommending approval of CEBA Loan for Swiss Valley, upon motion received and filed. Voetberg moved adoption of Resolution No. 19-99 Authorizing execution of CEBA Account Loan Agreement for $60,000 with Swiss Valley Farms. Seconded by Buo!. Motion carried 7-0. City Manager recommending approval of lease agreement with Seneca Environmental, upon motion received and filed. Voetberg moved adoption of Resolution No. 20-99 Authorizing Lease Agreement with Seneca Environmental, Inc. to construct monitoring wells on right of way at 1 st & Water Streets. Seconded by Buo!. Motion carried 7-0. City Manager recommending acceptance of Tentative Agreement between City and Firefighters, upon motion received and filed. Voetberg moved adoption of Resolution No. 21-99 Accepting Tentative Agreement between the City and Firefighters Local #421 and authorizing Mayor to execute. Seconded by Buo!' Motion carried 7-0. City Manager recommending approval of General Drivers Collective Bargaining Agreement, upon motion received and filed. Voetberg moved adoption of Resolution No. 22-99 Approving Agreement between City and General Drivers and Helpers' Union Local 421 and authorize Mayor to execute. Seconded by Buo!' Motion carried 7-0. City Manager requesting approval to apply to lOOT and IDNR for funds to landscape along Northwest Arterial, upon motion received and filed and approved request. City Manager recommending acceptance of Operations & Maintenance Dept. Building Project - Vehicle Exhaust System project, upon motion received and filed. Voetberg moved adoption of: Resolution No. 23-99 Accepting Improvement for project and Resolution No. 24-99 Approving final estimate in amount of $31,618.00. Seconded by Buo!' Motion carried 7-0. City Manager recommending approval for Historic Resource Development Program Grant Application, upon motion received and filed. Voetberg moved adoption of Resolution No. 25-99 Authorizing submitting of an application to Historic Resource Development Program to conduct a survey. Seconded by Buo!. Motion carried 7-0. Finley Hospital requesting vacation and purchase of Allison Place property, upon motion referred to the City Manager. City Manager recommending adoption of Supplement #38 to the City Code, upon motion received and filed. Voetberg moved adoption of Resolution No. 26-99 Adopting Supplement #38 to the City Code of Ordinances. Seconded by Buo!. Motion carried 7-0. Voetberg moved adoption of Resolution No. 27-99 Granting issuance of Class "C" Beer Permits to 4 Cedar Cross Amoco and Iowa Potato & Produce House and Resolution No. 28-99 Granting issuance of Class "C" Liquor Licenses to Zirk's, The Lounge and Pusateri's. Seconded by Buo!' Motion carried 7-0. Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Proof of Publication certified to by the Publisher on Notice to consider disposing of City property to Horizon Development Group, LLC and CarteGraph Systems, Inc. for property in Dubuque Technology Park and City Clerk submitting report that no competing proposals were received by the deadline, upon motion received and filed. Buol moved adoption of 29-99 Determining that the proposal of Horizon Development Group L.L. C. and CarteGraph Systems, Inc. is in compliance with the terms of offering for disposition of Lot 10 and Lot 11, Block 2, Dubuque Technology Park and Resolution No. 30-99 Accepting the proposal for sale and private development of Lot 10 and Lot 11 of Block 2, Dubuque Technology Park, in the City, approving Agreement for same, and authorizing actions to implement said Agreement. Seconded by Robbins. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Key Corners Storm Sewer Extension, upon motion received and filed. Robbins moved adoption of Resolution No. 31-99 Adopting Plans & Specs. for project. Seconded by Nicholson. Motion carried 7-0. City Manager recommending to award contract for bids, upon motion received and filed. Robbins moved adoption of Resolution No. 32-99 Awarding Contract for project to Portzen Construction in the amount of $44,185.28. Seconded by Nicholson. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Alta Place Storm Sewer Extension, upon motion received and filed. Robbins moved adoption of Resolution No. 33-99 Adopting Plans & Specs. for project. Seconded by Nicholson. Motion carried 7-0. City Manager recommending to award contract for bids, upon motion received and filed. Robbins moved adoption of Resolution No. 34-99 Awarding Contract for project to Portzen Construction in the amount of $44,997.94. Seconded by Nicholson. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Chestnut and Dell Street Storm Sewer Extension, upon motion received and filed. Voetberg moved adoption of Resolution No. 35-99 Adopting Plans & Specs. for project. Seconded by Markham. Motion carried 7-0. City Manager recommending to award contract for bids, upon motion received and filed. Voetberg moved adoption of Resolution No. 36-99 Awarding Contract for project to Drew Cook & Sons in the amount of $27,518.35. Seconded by Markham. Motion carried 7-0. Council appointments to Operation: New View for year 2000 (Currently City Mgr. Mike Van Milligen with Designee - Tom Moran, Council Members Dan Nicholson and Joe Robbins). Upon motion it 5 was resolved to reappoint the same individuals. Katie Krieg, Chairperson of Dubuque Initiatives requesting Council appoint 2 Council Members to the Board of Directors. Ms. Krieg spoke requesting the appointment of two more members. Upon motion it was resolved that Ann Michalski be reappointed and John Markham be appointed to serve on this Board. Shirley Strub, submitting request by Beta Sigma Phi Sorority to change name of Bell Street to "Regina Hayford Boulevard". Ms. Strub spoke requesting adoption of the Ordinance to effect this change. Ordinance No. 4-99 Changing the name of Bell Street to Regina Hayford Boulevard, presented and read. Voetberg moved that the requirement 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. Seconded by Buo!. Motion carried 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Buo!. Motion carried 7-0. Tom Mueller submitting proposed amendments to City Housing Code and requesting adoption by the Council and City Manager submitting comments regarding concerns of Mr. Mueller, upon motion received and filed and referred to the City Manager and Staff for review. City Manager recommending public hearing be held on Feb. 1, 1999 to consider annexation of City- owned property located on the West side of the North Siegert Farm, East of Seippel Road and South of Middle Road, upon motion set this matter for Hearing on 2-1-99 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Zoning Advisory Commission advising of their approval to amend PI District to allow signage on any building facade (Larry Weitz Sign Systems/A. Y. McDonald Mfg. Co.), upon motion received and filed. An Ordinance Amending Zoning Ordinance by amending the PI Planned Industrial District by changing Section 2(E)(4)(C)(S) on-premise primary signs to allow signage on any building facade, 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 meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of February, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their approval to amend PC District to allow total sign area not to exceed 10% of wall area parallel and/or closest to frontage on internal drives. (Larry Weitz Sign Systems/Plaza 20 - 2600 Dodge Street), upon motion received and filed. An Ordinance Amending Zoning Ordinance by amending PC Planned Commercial District to allow total sign area not to exceed 10% of wall area parallel and/or closest to frontage on internal drives, not to exceed a maximum of 650 square feet for stores/businesses over 5,000 square feet in floor area, where 400 square feet is the current maximum area allowed, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council 6 Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of February, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. City Manager submitting documents providing for construction of Westside Intake Replacement- 1999 Project, upon motion received and filed. Michalski moved adoption of: Resolution No. 37-99 Preliminary approval of plans & specs. for project in estimated amount of $50,283.75; Resolution No. 38-99 Fixing Date of Hearing on plans & specs. for Feb. 15, 1999 and Resolution No. 39-99 Ordering Bids and directing Clerk to advertise. Seconded by Markham. Motion carried 7-0. City Manager requesting public hearing be set for February 1, 1999 to consider leasing of space on W. 3rd Street water tower and adjacent ground space to Dubuque Cellular Telephone L. C., upon motion received and filed. Voetberg moved adoption of Resolution No. 40-99 Advising of intent to dispose of City's interest in property to Dubuque Cellular Telephone L.C. for installation and operation of a wireless communication facility and further set this matter for Hearing on 2-1-99 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buo!. Motion carried 7-0. Council recessed at 7:57 p.m.; Council reconvened at 8:00 p.m. City Manager presented the Fiscal Year 2000 Budget. At 8:36 P.M. it was resolved to go into Closed Session In accordance with Chapter 21.5 1.0) State Code of Iowa, 1997 as amended, To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Council reconvened Regular Session at 9:08 p.m. with statement that Staff had been given direction. There being no further business, upon motion meeting adjourned at 9:09 P.M. ~D~~~ City Clerk 1 t 1/27 7 TO: MARY A. DAVIS SECRETARY YOU ARE HEREBY DIRECTED TO CALL THE REGULAR QUARTERLY MEETING OF THE BOARD OF HEALTH TO BE HELD ON MONDAY, JANUARY 18,1999 AT 6:55 P.M. IN THE PUBLIC LIBRARY AUDITORIUM FOR THE PURPOSE TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE BOARD. _ ..- ) / ) (/7~-1{__~,~> ./-/- I .,; .' C H A I R P E_~S 0 N / " 1-18-99 TO: MARY A. DAVIS CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, JANUARY 18, 1999 AT 7:00 O'CLOCK P.M. IN THE PUBLIC LIBRARY AUDITORIUM FOR THE PURPOSE TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE COUNCIL. //' JIi/ ;' //" /<" , , , ,//-' \....?: ;I. , J VUL&I.{ .-{/f .. l/ ! I i / MAYOR,// I 1-18-99