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Proof Council Min 12 3 01 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, December 3, 2001 Council met for dinner 4:30 P,M. In the Rotunda Council met in Session at 5:00 Library Auditorium Present: Mayor Duggan, Council Members Buol, Cllne ~ by electronic means, Markham, M[chalskl~ N~cholson Robbins, Manager Mlchae Van MIIligen, Corporation Counsel Barry the f011owir Warnake, 1 and bf Shlras providing of Votes" for motion for P0ol Tank Palbting Commission of 11/13, upon City Manag~ motion received and tiled· the S Council Project in the final contra( 11/5/01,upo amount of $43,051, upon the and liled, motion received and filed, upon motion Notice of Michalski moved adoption of filed, Resotut[en No. 509-01 Business Licenses: Carla person- AcceptinG Improvement and Mlchalskt moved adoption al, Injury; Dubuque Rescue Resolution No 510-01 Resolution No, Mission in undetermined final contrac[ Grantin~tssuance of a Ilcedse to se!~ C~garettes and Clghrette amount for , Nicholson. Papers to Brlcktown $705.00 for Brewery/Under round Stone property; Kennet~b~M. Oak Meadow Second Wall, Lounge; ~esolution No. estimated amoGdt of Addition - Acceptance , 513-01 Granting issuance of a Public Improvements: Ci Class "C" Beer Permit to the $2,429,7 Gerald Runde in Manager recommendir Big 10 Mart; and Resolution amount of $159,.00 for proper- accep'-~nce of the public No, 5 for tll~ Cil Stewardshi term , the follow- audget process and communic~tbnfrbm the u on motion fled. Mr, Rusk the Jpon NIc Resolution No; · will tEARINGS, Budk M0tidn c, Bahd Sale Ko Sup to allow anyone Arn~rlcA's Rver Petition Proof General Amendmeht City the amount of motion Seco to a Resolution ) the audltoklum a~d ; Series Open motion Mr. David Dirks, of Evenson- -:: Io~v~ STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, TAMMY M. FELDMANN 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 D pc_~ ~ .~ ~ ) ~ , 20 (~t , and for which the charge is $ ]~['~ Brlao Su. bscribed to before me,j~ Notary Public½n and for Dubuque County, Iowa, th~s /-~ dayof~~ 20 ~' . in the a u on motion received and find, Markham tied of Resolution No. Iowa bY repe~llng Eleotlbn~ an<d Elections; boundaries for four ( and the require- ment that a reposed Ordinance be consi~°erred and I voted on for passage at two; Council Meetings prior to the finally passed be suspended meeting at which It Is to be Inc., and fur[her moved final con-- amount Seconded by Robbina, slderagon and passage of the Motion carried 7-0. Ordinance. Seconded by Upon motion ti . Markham. Motion carried 7-0. reinstated to limit discussion Fiscal Year 2003 Policy to the Council. Guidelines: City Manager rec- ACTION ITEMS ommending adoption of the Presentation of Vision F scal Year 2003~ Policy MY COMMISSION EXPIRES FEBRUARY t, 2002 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, December 3, 2001 Council met for dinner at 4:30 P.M. in the Library Rotunda Council met in Special Session at 5:00 P.M. in the... Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline - by electronic means, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the special' session of the City Council called for the purpose of receiving an update on the Master Plan for the Port of Dubuque. William Baum, Economic Development Director, and Bob Kost of URS/BRW and Ann Ricker of Leland Consulting Group, the consult- ing firms for the Fourth Street Peninsula, all spoke giving an update of progress in this area. There being no further busi- ness, upon motion the meeting adjourned at 6:23 P.M. /s/ Jeanne F. Schneider City Clerk CITY COUNCIL OFFICIAL City Council, Regular Session, December 3, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline- ' by electronic means, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated 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 City Council. Invocation was given by Reverend Dr. Duane Larson, President of Wartburg Theological Seminary. CONSENT ITEMS Minutes Submitted: Airport Commission of 10/22, 11/11 & 12; 11/15, and 11/18; Building Code Board of Appeals of 11/13; Cable TV Regulatory Commission of 11/14; City Council Proceedings of 11/13 and 11/19; Community Development Advisory Commission of 11/8; Enterprise Zone Commission of 11/15; Five Flags Commission of 11/19; Housing Code Appeals Board of 10/16; Park and Recreation Commission of 11/13, upon motion received and filed. Proof of publication of City Council Proceedings of 11/5/01, upon motion received and filed. Notice of Claims/Suits: Carla Deutmeyer in estimated' amount of $478.78 for person- al , injury; Dubuque Rescue Mission in undetermined amount for property damage; ' Dubuque Thunderbirds in esti- mated amount of $705.00 for missing property; Kenneth-M. Metz in estimated amount of $2,429.75 for vehicle damage;,A Gerald Runde in estimated amount of $159.00 for proper- ty damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advis- ing that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Randy Gracheck for Hank's Specialties for vehicle dam- age, upon motion received and filed and concurred. Corporation Counsel rec- ommending settlement of the claim of Dale A. Hirsch for vehicle damage in the amount • of $175.00 and that the Finance Director be directed to issue payment, upon motion received and filed and con- curred. Citizen Communications: Communication from Emily Frye, Isaiah Wamake, Abbie Sudmeier and Matt, Klinkhammer of Dubuque Senior High School regarding the issue of smoking in public facilities in Dubuque, upon motion received and filed and referred to the City Manager. Communication from Walt Pregler, 2966 Shires Avenue, regarding the plans for open- ing of Main Street; and City Manager providing a response, upon motion received and filed. Communication of David S. Hartig requesting to purchase a portion of City -owned prop- erty located on Old Mill. Road, upon motion received and filed and referred to the City Manager. Industrial Park Land Sales: City Manager providing a writ- ten response to questions from Bud Isenhart regarding industrial park land sales, upon motion received and filed. Mr. Isenhart spoke ques- tioning the usage of TIF monies and the diversion of money from the School Board and County residents. City Manager Van Milligen responded clarifying various issues. Council Member Michalski commended Mr. Isenhart for raising good points and allowing informa- tive responses. Sutton Pool Tank Painting - Acceptance: City Manager recommending acceptance of the Sutton Pool Tank Paintin. Project in the final contract amount of $43,051, upon motion received and filed. Michalski moved adoption of Resolution No. 509-01 Accepting improvement and Resolution No. 510-01 Approving final contract amount of $43,051. Seconded by Nicholson. Motion carried 7-0. Oak Meadow Second Addition - Acceptance of Public Improvements: City Manager recommending accep' ance of the public improvements that Jim Stock Realty and Construction has completed in Oak Meadow Second Addition, upon motio received and filed. Michalski moved adoption of Resolution No. 511-01 Accepting improvements in Oak Meadow Second Addition - Phase 3 (Deerwood Circle). Seconded by Nicholson. Motion carried 7-0. National Historic Landmark Status for the Shot Tower: City Manager recommending that the Planning Services Department retain a consultant to prepare an application for National Historic Landmark status for the Shot Tower, upon motion received and filed and approved recommenda- tion. Environmental Stewardshi. Advisory Commission: John S. Bennett submitting his res- ignation from the Environmental Stewardship Advisory Commission effective December 5, 2001, upon motion received and filed and accepted resignation. Dubuque County Supervisors - Abstract of Votes: Dubuque County Board of Supervisors submit- ting the "Abstract of Votes" for the City's general election held on November 6, 2001, upon motion received and filed and resolved to make a matter of record. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development advising of a new policy for the Community Development Block Grant (CDBG) Program regarding timely expenditure requirements of the program and follow-up communication from the U.S. Department of Housing and Urban Development, upon motion received and filed. Gaming Referendum Legislation: Communication of City Manager to area legis- lators regarding gaming refer- endum legislation, upon motionreceived and filed and approved. Iowa League of Cities: Communication from LaMetta K. Wynn, President of the Iowa League of Cities, appointing the City Manager to the Policy Committee of the League, upon motion received and filed. Business Licenses: Michalski moved adoption of Resolution No. 512-01 Granting issuance of a license to sell Cigarettes and Cigarette Papers to Bricktown Brewery/Underground Stone Wall Lounge; Resolution No. 513-01 Granting issuance of a Class "C" Beer Permit to the Big 10 Mart; and Resolution No. 514-01 Granting issuance of a Class "C" Beer/Liquor License to Bowling and Beyond and Cooper Management Company. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Interview for the following Board/Commission: Environmental Stewardship Advisory Commission (One unexpired term through 10/01/04). Applicant: John Nemmers. No one spoke. Appointment to the follow- ing Commission: Community Development Advisory Commission (One unexpired term through 2/15/04 - Census Tract 3 - Currently vacant). Applicant: Richard J. Sullivan. Upon motion Mr. Sullivan was appointed to the unexpired term which will expire 2/15/04. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Vacating Petition - Congress Circle: Proof of publication on notice of public hearing and City Manager rec- ommending the sale of City - owned right-of-way on Congress Circle to Mr. N.J. Yiannias, representing Key City Investment Company, in the amount of $35,750; Communication from N. J. Yiannias, President of Key City Investment Company, requesting to purchase Congress Circle for $35,750, upon motion received and filed. Buol moved adoption of Resolution No. 515-01 Disposing of City interest in Lot 2A of Westview Shopping Center Place No. 2, Dubuqu- County, Dubuque, Iowa. Seconded by Markham. Motion carried 7-0. Brian Kane, Attorney for Key City Investment Company, spoke requesting the property sale. Ice Rinks and Murphy Tennis Courts Lighting Project: 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 Ice Rinks and Murphy T Te nnis Courts Lighting roennect to Westphal and Company, Inc., in the amount of $108,852.34, upon motion received and filed. Markham moved adop- tion of Resolution No. 516-01 Adopting plans and specifica- tions for the project and Resolution No. 517-01 Awarding contract to Westphal and Company, Inc., in the amount of $108,852.34. Seconded by Robbins. Motion carried 7-0. Upon motion the rules wer- reinstated to limit discussion to the Council. ACTION ITEMS Presentation of Vision Downtown Results: David Rusk to make verbal presenta- tion on the results of the Vision Downtown process, request- ing adoption of the Vision Downtown document as the. community's shared vision for downtown Dubuque, and requesting referral to the City Manager for consideration in the annual budget process and communication from the Long Range Planning Advisory Commission in support of the Vision Downtown document and a Comprehensive_ Downtown Planning Process, upon motion received and filed. Mr. Rusk spoke explaining the Vision Downtown process. Nicholson moved adoption of Resolution No. 518-01 Adopting the Vision Downtown document. Seconded by Buol. Motion carried 7-0. Bond Sale to Support' America's River Project Components: City Manager recommending the sale of $12,360,000 General Obligation Bonds, upon motion received and filed. Michalski moved adoption of Resolution No. 519-01 Directing the sale of $9,500,000 General Obligation Bonds, Series 2001 and Resolution No. 520-01 Directing the sale of $2,860,000 General Obligation Bonds, Series 2002. Seconded by Nicholson. Motion carried 7-0. Mr. David Dirks, of Evenson- Dodge, the City's financial. advisory firm, spoke regarding the sale of the bonds. Ward and Precinct Ordinance Modifications: City Manager recommending approval of modifications to the City's ward and precinct plan ordinance and map as requested by the State of Iowa and Dubuque County and__ approval of a revised precinct agreement with Dubuque County, upon motion received and filed. Ordinance No. 78- 01 Amending the City of Dubuque, Iowa Code of Ordinances by repealing Chapter 17, Elections and adopting in lie u thereof a new Chapter 17, Elections, estab-.. lishing boundaries for four (4) wards and twenty-one (21) precincts, 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-7 sideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Fiscal Year 2003 Policy Guidelines: City Manager rec- ommending adoption of the Fiscal Year 2003 Policy Guidelines for the City of Dubuque, upon motion_ received and filed and approved recommendation to adopt the Guidelines. Council Member Nicholson requested an explanation of equalization orders and rollbacks. ITEMS TO BE SET FOR PUBLIC HEARING Dubuque Yacht Basin Lease Agreements: City Manager recommending approval of amendments to three lease agreements between the City and Dubuque Yacht Basin to extend the termination dates, a Resolution Approving Fourth Amendment to Lease Agreement (April 8, 1970) between Dubuque Yacht Basin, Inc., and the City of_ Dubuque; a Resolution Approving Second Amendment to • Lease Agreement (February 5, 1974) between Dubuque Yacht Basin, Inc., and the City of Dubuque; and a Resolution Approving Fourth Amendment to Lease Agreement (November 23, 1987) between_ Dubuque Yacht Basin, Inc., and the City of Dubuque, upon motion received and filed and set this for Public Hearing on 12/17/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. At 7:41 P.M. upon motion itJ was resolved to go into Closed Session re: Pending Litigation - Iowa Code Chapter 21.5(1)(c). At 8:03 Council reconvened Regular Session stating Staff Had been given proper direc- tion. There being no further busi- ness, upon motion meeting_ adjourned at 8:04 P.M. /s/ Jeanne F. Schneider City Clerk 1t 12/12 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMANN 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 Demme rr► %r 1 , 20 (') f , and for which the charge is $ % 3 1 f (c q Subscribed to before me, Notary21i)bcn and for Dubuque County, Iowa, this /.3Z day of 20 Ol . Notary Public in and for Dubuque Count ¶Iowa MARY K. WESTERMEYER MY COMMISSION EXPIRES FEBRUARY 1, 2002