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Proof Council Min 12 17 01itouno0 )xeu eq~, L 08 /Iuo JoJ pooB '~ue ~Zelcl eq~ uedo iiounoo pe UOl~nloseB ¥ 'p~eJ puc pe -e~eplsuoo Je4$o pu~ UleBI pu~ N UOl~nloseB puc 'enbnqno 'O-Z poi J Joe uolt 'sulqqot~ ~q pep, uo~ '~noJdS Jedded pup esq Jeddoo 'eSnOH e)~iqM ilounoo ),xeu eql qBnoJ t ! im~g for proposed student sseooJd ~el^~e~.ul eqt ~e~ housing, upon motion received euHoo MS 'sso~4 IIIB !plel mending approval ~o~ a request 0. eeJq±) UOISSlLUU~OO Sl~ Routley Center to facilitate "8u AOllO~ eq$ ~ot m~el~e~t~ motion received and filed and Bank as provided for ir :BNOIBSI~OO/SaM¥Oi apr eyed recommendation. Development Agreement submttlng their 2001 Annual and filed. pus eddoqB epee OOOI puc esnoH eonpo~d p approved agreement. Dubuque County Enforcement Center Series 2001 General Irrevocable License: Obligation Bond Sale: City Manager recomme~: Manager recommending the approval of a request ssuance of $9,500,000 Prism Corporation on bahai1 General Obligation Bonds, Dubuque County for an Irre~ Sar es 2001 In support of the cable license to install a America's River Project, u on back system beneath Con motion received and fi~e(d. Avenue- thls Item remo~ Buol moved adoption of from the Agenda, Resolution No. 537-01 Busin~ss Licenses: B AppolnBn Wells Far o B~nk moved adoption of Resolut Iowa, National Assorc~tion of No. 541-01 Granting Issual Des Molnee, Iowa, to serve as of a Class "B" Beer Permll Pay ng Agent Bond Registrar, UAW Local #9J. and Class and Transfer Agent, ap rovIn Beer ParC^it to Iowa POI the Paying Agent an~° Bon~ and Produce House and lO Reg s tar and Transfer Agent Agreement and authorizing the execution of the Agreement and Resolution No. 530-01 Authorizing and the issuance General Series 2001, to pay s~id b bv Robblns. Motion carried 7- Speede Shoppe ~ Resolution No. 542 Grantin Issuance of a CI "LB" ~Hotel/Metel License to Hof man Restaurant/3100 , Series 2002 General Obligation Bond Sale: City Manager recommendln the General Bonds, q~. V s's Interview for the se lUe~eeJ~V,~0lle~lp~oq ~l-~Jn No P 539-01 cantles i~r terms " ' ~ ' Iowa Natlonal Association of ~tton). ~pp~mcs; lue~eeJBy uoml~u pJoqn , r B .......... ' ....... iJ ~ ~an~¢er Agent, approving M.rray, Lo. Oswai~ pepu~oe~ 'spuo~ pt.s Xed ~ ~oved ~doption of Resolution; derst~on for app, ~el ~ DUmA^em puc ~008 se Jo No. 535-01 Authorizing pon motion It was res~ sp~oa , UOl~eD!lq0 i~eue~ '~ grant ~pp~ication to the I~a ~ , keep the Inte~lew pre 0-Z P , 6me e~ods enueA ~OH jo p, q pep, ucc ~$e~utuooe~ jegeusl~l mpantes, Inc., upon motion uul A~PllOH Rue UUl specs ,u I~o.~nss[ eq~ ~Corporatlononbehalfof~ 9 (~e~O~/le~°H~ ,,a~,, ~0'~.6~ ~.~ ~o uoBnoe~e system beneath Central Bonds, pay said bonds. Robblns. Motion carried 7-~ berdinatlen Agreement: rporaflon Counsel racom- riding approval of a bordinatlon Agreement as mired by National and Pepper Sprout. ~d b RobbJnm larded ~0. pS/COMMISSIONS: ~w for the following. remission: Human ~ommisston (Three for terms through IBlau, Determan, and [ Applicants: . Sr. !tray PBVM; Lou Ill Ross. Sr. Corlne u Oswald and oke requesting con- flor appointment. lon It WaS resolved e interview process gh the next Council Stewardship Commission (One term through Applicant: John Upon motion appointed. PUBLk Upon motion the r~ ~ Request: notice Harris and arty located at 3030 ~ Patterson, Road from PUD Connection District e-Family Bohr, American Investments, Advisory Commission upon mending approvai, motion Paula Bohr spoke Subdivision the proposed City Ordinance No, Amending Appendix final plat of Zonfng Ordinance) of Subdivision of Dubuque Cc upon Ordinances by recl and flied. hereinafter described located at 3030 E from PUD PI 3 and 4 of Dave )men District ' through 10 ol Slngt =ami / Re DistrI pre: anted al Buol 3red that the 5ofBIock7of merit that a Subdivision / of Dubuque, voted on for by Buoh Harbor Urban Renewal District 'i'~ ~o~t;: Yeas--~t~o), Citric, is necessary, upon motlo'~r~ Markham, Michalskl, eceived and filed, MarkhAm Nicholson, Robb[ns, Nays-- moved adopt on of Resolutl0n Duggan. No. 547-0f of Necessity find- ITEMS TO BE SET FOR lng that an amendment to the ' PUBLIC HEARING Urban Renewal PlAn for the Joe White Street Reconstruction~ Harbor Urban Renewal District Project - Initiate: City is necessary in the interest of Manager recommending iniSa- the residents of the City of tlon of the bidding process for with Iowa Dubuque, Iowa, Seconded the White Street Award. Nicholson. Reconstruction Project an( Manager reoommendin[ Port of Dubuque 21, 2002, upon motion received and filed. Suol moved adoption Resolution No, 550-01 Preliminary approval of plans and spec cations Resolution No. 551-01 Fixing date of hearing on plans and speclfl- ca0ons; Resolution No. 552- Resduton No. 553-01 F~xlng date of hearing on Resolut on Brownfields Assessment Demonstration Pilot Program: C y Manager recommending approval of an application to the U.S, Environmente~ Protection Agency for part[ci- paton In the Brownflelds. Assessment Demons~'ation P ct Program for the Port of Dubuque area upon motion eceved and filed. Robbins moved adoption of Resolution No. 548-01 Authorizing the tit- ing of a proposal for the Brownflelds Assessment Demonstration Pilot Program for environmental assess~. manta in the Port of Dubuque. Seconded by Markham. Mot[ob carded 7-0. Stormwater Management - Drainage Basin Plan and Stormwater Mar~agement Plan: City Manager recom- mending adoption of the City of Dubuque Drainage I Master Plan (DBMP) authorization to prepare Requests for Proposals for a corridor study to establish the alignment of the Bee Branch basin flood control channel, of Necessity for 6:30 P.M. in the public library audtodum and that the City Cigrk publish notice n the manner prescribed by law; Res01utlon No1 554-01 Approving preilmlnary sched- ule of assessments; Resolutlon No, 555-01 Ordering bids. Seconded by Markham, Motto Jaycee Trail - Initiate', . recommending inttia- le bidding process for :ee Trail PrO eot and City Manager recommending that a public headn9 be set for January 21, 2002, upon motion received and flied. Buol moved adoption of Resolution No, 556-01. Project Pha~e II and City Manager recommending that a ~.- public hearing be set for January 21, 2002, upon motion .received and flied, 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 itbrary audi- todum and that the City Cle[k publish notice In the manner prescribed by law and Resolution No. 501-01 Ordedng bids. Seconded by Markham. Motion carried 7-0, Watermaln and Road Extension from Chavenelle Road at Radford Road to the~ Industrial Park: City Manager recommending that a public hear ng be set for January 21, 2002 on the acquisition of and to construct the Chavenel[e Road Watermain Extension and for the exterfslon of Chavenelle Road, upon motion receved and filed. Buol moved adoption of Resolutlon-~ 562-01 Setting a time and on a p~Jbl[c improvement to construct the Road waterma~n extension and to acquire prop- erty for the extension of Chavenell~ Road, and to acqu&re agricultural tand for the pro eot and that the public.~ hearing be 1/21/02 at 630 P M, n the public library audi- torium and that the Cty Cork pubflsh notice in the manner ~rescrbed by ~aw, Seconded by Markham. Motion carted from upon motion received and Preliminary approval of plans Ordinance. Barry f ed and specifications; Resolution Markham. Motion the trane6 Discussion ensued about trhn~iI No 557-01 Fixing date cf Manager recommending 20 year duration of the sro he~ring on plans and specifi- )val of a Purchase Dubuque ' Agreement with Vincent Amendments: Proof o: has been water utilty, the loss of ~o0r cations for 1/21/02 at 6:30 cation on notice homes and the time frame r P M in the public flbrary audi- Louella McFadden for aoqulsl- regarding the proposed Plan. t(~ri~[m and that the City Clerk tion of property for the extort- three lease Sanford, and NIcholson moved adoption of publish notice in the manner' son of Chavenelle Ro~d and bD~t~e~n~ the otto Pfetffer.. Resolution No. 548-01 prescribed by law and watermaln extension, upon extenUq e Yac: imposition of Adopt ng the City of Dubuque Resolution No. 556-01. motion received and filed and and ~l~e ~1e~ager .upon mot!on Drainage Basin Master Plan, Ordering bids. Seconded by approved ecommendattOnl authorizing a Request for Markham Motion carried 7-0. There being no further busl- mending a proval . .d. motion received and~ Urban Renewal Proposas for a corridor study Pot of Dubuque Utlltty ness, upon motion meeting Commun ca on frol/lanager racom- to establish the alignment ef Relocation Project Phase II - adjourned at 8:11 P.M. GIIIoon, representing option of a the flood control channel rec-. Initiate: City Manager racom- Jeanne F. Schneider Dubuque Yacht Basin, Necessltyfindtng ommended n he Drainage mending n atlon of the bid- City Clerk lng the Lease Amen ndment to the Basin Master Plan. Seconded dDg process for the Port of it 12/26 \ ~nd Public Works D si Plan for the Ice by Buol. Carried by the follow- Dqbuque Utility Relocatioh Mike Koch coff~lrming STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, T^MMY M. FELDMANN a Billing Clerk fo] Communications, Inc., an Iowa corporation, publisher of the Telegra newspaper of general circulation published in the City of Dubuqu~ Dubuque and State of Iowa; hereby certify that the attached notice in said newspaper on the following dates ~-~ d'. ~1 ~P,~ ~-~/-~. , 20 ~)[ , and for which the charge is$ ~. Subscribed to before me, a Notary Public in and for Dubuque Countl this~ day of 6~ao~'~x~j 20 ~,/ · Notary Public in and for Dubuqu My COMMISSION EXPIRE6 I~BRUARVt,~OOB ,,. Se~er i the following Environmental . Advisory ne unexpired 10/01/04). in Nemmers. Ar. Nemmers ,ARINGS :he rules were allow anyone ;kill Road - ;st: Proof of iotice of hear- •ezoning prop- 3030 Brunskill i Planned Unit istrict to R-1 Residential )sted by Paula Realty/Patzer C, and Zoning fission recom- iroval, upon :d and filed Ike in favor of oning change. No. 79-01 iendix A (the ce) of the City Code of reclassifying :ribed property Brunskill Road Planned Uni )istrict to R-1 Residential ted and read. at the require- a proposed p ;onsidered and assage at two gs prior to the ich it is to be be suspended ived final con - passage of the 'Seconded by on carried 7-0. ht Basin Lease roof of publi- ce of hearing endments to agreements City an ht Basin to Irmination dates Onager recom- proval, upon Led and filed. pn from Art Resenting the ht Basin, clarify - Amendments orks Director irminc 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 Stree t, 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 Berna 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 Pfeiffer,, 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 Renetval 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 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 o 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 it - 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 the, 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 9 ire agricultural I land for q 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 I, { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMA` '° 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 1)Pe em 9P'r l' , 20 © / , and for which the charge is $ ,26 &67 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this o2'7t day of ,�c.I�rY,�.0 cJ 2047_ Notary Public in and for Dubuque County, Iowa fish', ,,.dES-3 ERMEYER MY COMMISSION EXPIRES FEBRUARY 1, 2002 )IvIJ Service Commission of AAuvraory uommrssron recom- 11/16 and 12/11; Community mending approval of the Plat Development Advisory of Survey of Clark's Commission of 11/15; Subdivision No. 2 as request - Electrical Code Board of 12/3; ed by the City of Dubuque, Historic Preservation upon motion received and Commission of 11/15 and_ filed. Buol moved adoption of 12/10; Housing Commission of Resolution No. 534-01 11/27; Housing Commission Approving the Plat of Survey Trust Fund of 11/29; Zoning of Clark's Subdivision No. 2 in Advisory Commission of 12/5; the City of Dubuque, Iowa. Zoning Board of Adjustment of Seconded by Robbins. 11/29, upon motion received Motion carried 7-0. and filed. Riprow Valley - Recreational Printed Council Proceedings Trails Grant: City Manager for October, 2001, upon recommending approval of the motion approved as printed. s submission of a grant applica- Proof of publication for City tion for Recreational Trail Council Proceedings of Funds in the amount of November 13 and 19, 2001 $247,096 for acquisition of and List of Claims and land for the Riprow Valley Summary of Revenues for Recreational Area, upon._; month ending October 31, motion received and filed. Buol 2001, upon motion received moved adoption of Resolution and filed. No. 535-01 Authorizing a Finance Director submitting grant application to the Iowa the Financial Reports for the Department of Transportation month ending November 30," for Recreational Trails Funds 2001, upon motion received for acquisition of land in the and filed. Riprow Valley. Seconded by Notice of Claims/Suits: Kelly Robbins. Motion carried 7-0. Davis in estimated amount of Historic District Design $512.00 for vehicle damage; Guidelines Grant Agreement: Farm Bureau Insurance in City ,Manager recommending undetermined amount for per- approval of a Preservation sonal injury and property dam- Services grant agreement for age of Earl Hinzmann; James.. the Historic District Design Schumacher in estimated Guidelines Manual, upon amount of $983.29 for vehicle motion received and filed and damage; Robert Wild in unde- approved. termined amount for property Hughes Court Subdivision - damage, upon motion referred Plat of Survey: Zoning_ to the Legal Staff for investiga- Advisory Commission recom- tion and report. mending approval of the Plat Corporation Counsel advising of Survey of Hughes Court that the following claims have Subdivision as requested by been referred to Public Entity_ Schneider Land Surveying, Risk Services of Iowa, the upon motion received and agent for the Iowa filed. Buol moved adoption of Communities Assurance Pool: Resolution No. 536-01 Kelly Davis for vehicle dam- Approving the Plat of Survey age; Carla Deutmeyer for per- of Hughes Court Subdivision.. sonal injury; Dubuque Rescue Seconded by Robbins. Mission for property damage; Motion carried 7-0. Dubuque Thunderbirds d/b/a 550 May Place - Demolition Dubuque Hockey, Inc. for Permit Request: Historic property damage; Kenneth Preservation Commission rec- Metz for vehicle damage; ommending approval of a James Schumacher for vehicle request from Loras College to damage, upon motion demolish property located at received and filed and con- 550 May Place to provide curred. parking for proposed student — Corporation Counsel recom- housing, upon motion received mending settlement of the and filed and approved recom- claim of Theresa Northouse in mendation. the amount of $84.80 and that 1504 Henion Street - the Finance Director be autho Demolition Permit Request: rized to issue a check in that Historic Preservation amount, upon motion received Commission recommending and filed and approved recom- approval of a request from mendation. Loras College to demolish Corporation Counsel recom- property located at 1504..E mending denial of the claim of Henion Street to provide park - Virginia Bird for vehicle dam- ing for proposed student age, upon motion received housing, upon motion received and filed and concurred. and filed and approved recom- Grant Agreement with mendation. Northeast Iowa School of 1490 Henion Street - Music: City Manager recom- Demolition Permit Request: mending approval of a grant Historic Preservation agreement with Northeast lowa School of Music as part 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: Communication of City Manager to area legis- lators requesting that they oppose legislation on multi-_ Commission recommending approval of a request from_ Loras College to demolish property located at 1490 Henion to provide parking for proposed student housing, upon motion received and filed and approved recommenda- tion. 1470 Henion Street Demolition Permit Request: Historic Preservation -- Commission recommending approval of a request from Loras College to demolish property located at 1470 Henion Street to provide park- 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 Fargo Bank Iowa, National Association of Des Moines, Iowa, to serve a 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 O. Robbins. Motion carried 7- 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 Fargo Bank Iowa, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bon. 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 Bill 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 corn- munication from Art and Karen Rokusek, Kim Sanford, and Tom and Charlotte Pfeiffer.. 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 Urba is necessar received am moved adop No. 547-01 ing that an a Urban Renev Harbor Urban is necessary the resident; Dubuque, for Nicholson. 0. Port Brownfields Demonstratio City Manage approval of the U.S. Protection Ac pation in t Assessment Pilot Prograrr Dubuque are received and moved adopt No. 548-01 AI ing of a pr Brownfields Demonstration for environn ments in the F Seconded Motion carriec Stormwater Drainage Ba Stormwater Plan: City Iv mending adop of Dubuque Master Plan authorization Requests for corridor study alignment of t basin flood c upon motion filed. Discussion er 20 year duratir water utility, 1 homes, and thr the proposed F Nicholson mov Resolution Adopting the C Drainage Basin authorizing a Proposals for a to establish th the flood contra ommended in Basin Master P by Buol. Carrie CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, December 17, 2001 Council met for dinner at 5:00 P.M. in the Library Rotunda Council met in Special Session at 5:34 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 i and stated this is the special session of the City Council called for the purpose of dis- cussing the design of the Education and Conference Center at the Port of Dubuque. David Grice of HOK Venue, spoke reviewing the design plans to date. Steve Ulstad of Ulstad Architects spoke reviewing the landscape por- tion of the design. Jim Swords of HOK Venue spoke reviewing the cost estimates. Discussion ensued about the priorities of the alternatives and specifics and the time frame for the various portions of construction with comple- tion scheduled for October 2003. There being no further busi- ness, upon motion meeting adjoumed at 6:25 P.M. Jeanne F. Schneider CityClerk e ,,........* k.......... COUNCIL PROCEEDINGS OFFICIAL City 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, 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 City Council. • Invocation was given by Sister Margaret Jungers, OSF, Director of Shalom Retreat Center. Michael Mullen, 1280 S. Grandview, spoke thanking Council Member Robbins for his years on the Council. 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 Service Commission of 11/16 and 12/11; 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; Zoning Board of Adjustment of 11/29, upon motion received 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 October 31, 2001, upon motion received and filed. Finance Director submitting the Financial Reports for the month ending November 30, 2001, upon motion received 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 claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Kelly Davis for vehicle dam- age; er- ^ Carla D n the erue Reorscue unit housing assessments, upon motion received and E filed. City Hall Interior Remodeling Project - Acceptance: City Manager recommending acceptance of the City Hall Interior Remodeling Project in the final contract amount of $80,945.32, upon motion — received and filed. Buol moved adoption of Resolution No. 521-01 Accepting improvement and Resolution No. 522-01 Approving final contract amount of $80,945.32. Seconded by Robbins. Motion carried 7-0. City Hall Exterior Remodeling Project - Acceptance: City_ Manager recommending acceptance of the City Hall Exterior Remodeling Project in the final contract amount of $308,356.21, upon motion received and filed. Buol moved adoption of Resolution No. 523-01 Accepting improvement and Resolution No. 524-01 Approving final_ contract amount of $308,356.21. Seconded by Robbins. Motion carried 7-0. Walker and Oneida Street Storm Sewer Replacement Project - Acceptance: City Manager recommending acceptance of the Walker and Oneida Street Storm Sewer Replacement Project in the_ final contract amount of $121,343.97, upon motion received and filed. Buol moved adoption of Resolution No. 525-01 Accepting improve- ment and Resolution No. 526- 01 Approving final contract amount of $121,343.97.3b7. Seconded by Motion carried 7-0. Dubuque Regional Airport Air _ Service Building ADA Improvements - Acceptance: City Manager recommending acceptance of the Dubuque Regional Airport Air Service Building ADA Improvements Project in the final contract amount of $37,850, upon motion received and filed. Buol moved adoption of Resolution No. 527-01 Accepting improvement and Resolution No. 528-01 Approving final contract amount of $37,850. Seconded by Robbins. Motion carried 7-0. Sanitary Sewer Reconstruction - Alley Between Rhomberg and,. Garfield from Dock to Fengler Project - Acceptance: City Manager recommending 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 Robbins. Motion carried 7-0. Fifth Street Ramp Improvements Project - Acceptance: City Manager recommending acceptance of the Fifth Street Ramp Improvements Project in the final contract amount of $415,062, upon motion received and filed. Buol moved adoption of Resolution No. 531-01 Accepting improvement and Resolution.—. No. 532-01 Approving final contract amount of $415,062. Seconded by Robbins. 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 Adopting Supplement No. 53 to the Code of Ordinandes. Seconded by Robbins. 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. Seconded by Motion carried 7-0. Riprow Valley - Recreational Trails Grant: City Manager recommending approval of the submission of a grant applica- tion for Recreational Trail Funds in the amount of $247,096 for on of and for the Rip row 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 Robbins. Motion carried 7-0. Historic District 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 - Plat of Survey: Zoning __ Advisory Commission recom- mending approval of the Plat of Survey of Hughes Court Subdivision as requested by Schneider Land Surveying, upon motion received and filed. Buol moved adoption of Resolution No. 536-01 Approving the Plat of Survey of Hughes Court Subdivision. — Seconded by