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Proof Council Min 1 7 027 ~WF ' support of , There belng STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMANN I, 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 , 20 ~c~ , and for which the charge is tSh~sbSC/ri~o dbeaf~ orefm~lic in and fo2?u~e Couuty, Iowa, Notary PUblic in an~for Dubuque County, Iowa CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, January 7, 2002 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline,, Connors, Markham, Michalski, Nicholson, City Manager Michael .Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this the regular ses- sion of the City Council called for the purpose of acting upon such business which may_ properly come before the City Council. Invocation was given' by Msgr. Francis Fried!. City Clerk Jeanne F. Schneider swore in Mayor Terrance M. Duggan, Mayor Notice of Ulaims/UIZS: JOe Chapman in estimated amount of $15 for property damage; Richard J. Hartig in estimated amount of $1,061.41 for prop- erty damage; Joe A. Kubicek in estimated amount of $115 for personal injury of Robert Kubicek; SISCO in estimated amount of $361 for personal injury claim of Jody Bradley; Merle A. Viertel in estimated amount of $871.24 for proper- ty damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of 'Iowa, the agent for the Iowa Communities Assurance Pool: Merle A. Viertel for property damage, upon motion received and filed and con- curred. Corporation Counsel recom- mending denial of the claim of Robert Wild for property dam- age, upon motion received and filed and concurred. Civil Service Commission: Civil Service Commission sub- mitting the certified list for the position of Public Safety Dispatcher, upon motion received and filed and made a matter of record. 2001 GPRA Annual Products Report: City Manager submit- ting the 2001 Government Performance and Results Act (GPRA) Annual Products Report which Certified Local Governments submit to the National Parks Service to demonstrate to Congress the.. accomplishments of programs funded by the Historic Preservation Fund, upon motion 'received and filed. Floodwall Inspection Report: City Manager forwarding the Floodwall Inspection Report from the U.S. Army Corps of Engineers in which the City received the highest Corps rat- ing of acceptable, upon motion received and filed. Interstate Power Loan Extension: City Manager rec- ommending approval of an addendum to the Urban Renewal Tax Increment Revenue Promissory Note and execution of the mortgage extension with Alliant Energy (Interstate Power), upon motion received and filed and approved recommendation. Agreement Between the City of Dubuque and Delta Dental Plan of Iowa: City Manager recommending approval of the Administrative Services and Financial Agreement between the City of Dubuque and Delta Dental Plan of Iowa for ser- vices related to the administra- tion of the City's dental plan - removed from Agenda. Substance Abuse Policy: City Manager recommending adoption of .a Substance Abuse Policy for the City of Dubuque as required by the Federal Drug and Alcohol Testing Regulations, upon motion received and filed and adoptedthe Policy. Iowa Department of .Natural Resources: Communication from the Iowa Department of Natural Resources regarding municipal separate storm sewer permit requirements, upon motion received and filed. Dubuque Metropolitan Area Solid Waste Agency: Jan Hess, Secretary for the Dubuque Metropolitan Area Solid Waste Agency, submit- ting rates for the landfill begin- ning July 1, 2002, upon motion received and filed. Loras College - Request t. Purchase Property: rerrnu u.r UUUUI.J Y ncuyi Center and H Vee #2. Seconded by Cline. Motion - carried 7-0. BOARDS/COMMISSIONS Interviews for the following Boards/Commissions: Human Rights Commission (Three vacancies for terms through 1/1/05 - Blau, Determan, and Sutton). Applicants: Sr. Corine Murray, PBVM; Lou Oswald; Bit Ross. Joseph Hopkins. No one spoke. • Plumbing Board (Journeyman - Term of Papin to expire 11/2/03). Applicant: Paul Papin. No one spoke. ACTION ITEMS Upon motion the following was removed from the table. Main Street Opening from 5th to 9th - Award of Contract (Tabled from December 17, 2001): Communication from Mike Portzen advising that Portzen Construction, Inc. will honor their bid proposal for the project through January 8, 2002; Public Works Director Mike Koch submitting revised construction schedule; Proofs of publication on notice of hearing on plans and specifi- cations, 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;,- Communication from Thomas G. Bond, Dubuque TV Limited Partnership, expressing oppo- sition to the proposed assess- ment to his property at 744 Main Street; Communication from Michael J. Kielty, Banner Investments, in opposition to the proposed street assess- ment for his property at 799 Main Street.; Communication of David W. Leifker regarding Town Clock Plaza; Communication from property owners (13) in support of re- opening Main Street and their proposed assessments, upon motion received and filed. Nicholson moved adoption of Resolution No. 4-02 Adopting_ plans and specifications for the project and Resolution No. 5-02 Amending preliminary schedule of assessments for Main Street Reconstruction Project - 5th to 9th Streets. Seconded by Michalski. Carried by the following vote: Yeas —Cline, ' Connors, Markham, Michalski,_ Nicholson, Buol. Nays — Duggan. Nicholson moved adoption of Resolution No. 6-02 With respect to the adoption of the Resolution of Necessity pro- posed for the Main Street Reconstruction Project, 5th to 9th Streets. Seconded by Michalski. Carried by the folA lowing vote: Yeas —Cline, Connors, Markham, Michalski, Nicholson, Buol. Nays — Duggan. Nicholson moved adoption of Resolution No. 7-02 Awarding contract to Portzen Construction, Inc. in the amount of $1,864,870.39 and amended the Resolution to, extend the completion date for one month rather than three weeks. Seconded by Michalski. Carried by the fol- lowing vote: Yeas —Cline, Connors, Markham, Michalski, Nicholson, Buol., Nays — Duggan. Affordable Housing Tax Credit Program Application - MWF Properties( Communication from David T. Steele, Vice President of MWF Properties, requesting the City support their Affordable upon motion received and filed. Lynn B. Fuller, President and CEO of Heartland Financial USA, Inc., spoke in support of the Memorandum of Understanding. Cline moved adoption of Resolution No. 8-02 Approving a Memorandum of Understanding with Heartland Financial USA, Inc. for an expansion in downtown Dubuque. Seconded by Michalski. Motion carried 7-0. HOME Program Application: City Manager recommending approval of an application to the Iowa Department of Economic Development for HOME Program funds for rehabilitation of properties located near the "Five Points" intersection, upon motion received and filed and approved recommendation. City Council Appointments: Communications from the —. Dubuque Racing Association and Operation: New View requesting appointment of the City's designees to their respective Boards for calendar year 2002, upon motion received and filed. Dubuque Metropolitan Solid . Waste Agency: Upon vote Nicholson appointed to that , Board. Operation: New View: Upon vote, Cline and Connors appointed to that Board. Dubuque Racing Assn: Upon vote current members remain on that Board - currently Mayor Duggan and Council Members Buol and Markham. REAP Committee - Upon' vote Connors appointed. There being no further busi- ness, upon motion meeting adjourned at 7:28 P.M. /s/ Jeanne F. Schneider City Clerk 1t 1/16 STATE OF IOWA DUBUQUE COUNTY { SS: CERRTIFICATION OF PUBLICATION I, 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 Jan (lacy %7 1 , 20 C)- , and for which the charge is $ /05, 9h Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /66t day of 20 Notary in and for Dubuque County, Iowa MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2005 UE, IOWA EEDINGS L Regular 2002 n Regular '.M. in the r Duggan, Buol, Cline, . , Michalski, Manager Milligen, isel Barry gad the call 'egular ses- uncil called toting upon ,hich may_ re the City given' by Jeanne F. in Mayor n, Mayor Duggan swore in Council Member At -Large Daniel E. Nicholson, Council Member First Ward John H. Markham, and Council Member Third Ward Joyce E. Connors. Mayor Duggan swore in Mayor Pro-Tem Ann E. Michalski. Proclamation: Martin Luther King Day (January 20, 2002). Rick Goodin, Airport Commission Chairperson Introduced Andrew Perry, Airport Manager. CONSENT ITEMS Minutes Submitted: Airport Commission of 12/17; Cable TV Regulatory Commission of 12/12; City Council of 12/17. and 12/27; Civil Service Commission of 12/12; Community Development Advisory Commission of 12/6; Environmental Stewardship Advisory Commission of 12/17; Five Flags Commission of 12/17; Housing Commission of 12/8; Long Range Planning Advisory Commission of 12/19, upon motion received and filed. Proof of publication of City Council Proceedings of 11/28, 12/3, 12/10; and 12/17, upon motion received and filed. Notice of Claims/Suits: Joe Chapman in estimated amount of $15 for property damage; Richard J. Hartig in estimated amount of $1,061.41 for prop- erty damage; Joe A. Kubicek in estimated amount of $115 for personal injury of Robert Kubicek; SISCO in estimated amount of $361 for personal injury claim of Jody Bradley; Merle A. Viertel in estimated amount of $871.24 for proper- ty damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Merle A. Viertel for property damage, upon motion received and filed and con- curred. Corporation Counsel recom- mending denial of the claim of Robert Wild for property dam- age, upon motion received and filed and concurred. Civil Service Commission: Civil Service Commission sub- mitting the certified list for the position of Public Safety Dispatcher, upon motion received and filed and made a matter of record. 2001 GPRA Annual Products Report: City Manager submit- ting the 2001 Government Performance and Results Act (GPRA) Annual Products Report which Certified Local Governments submit to the National Parks Service to demonstrate to Congress the,. accomplishments of programs funded by the Historic Preservation Fund, upon motion 'received and filed. Floodwall Inspection Report: City Manager forwarding the Floodwall Inspection Report from the U.S. Army Corps of Engineers in which the City received the highest Corps rat- ing of acceptable, upon motion received and filed. Interstate Power Loan Extension: City Manager rec- ommending approval of an addendum to the Urban Renewal Tax Increment Revenue Promissory Note and execution of the mortgage extension with Alliant Energy (Interstate Power), upon motion received and filed and approved recommendation. Agreement Between the City of Dubuque and Delta Dental Plan of Iowa: City Manager recommending approval of the Administrative Services and Financial Agreement between the City of Dubuque and Delta Dental Plan of Iowa for ser- vices related to the administra- tion of the City's dental plan - removed from Agenda. Substance Abuse Policy: City Manager recommending adoption of .a Substance Abuse Policy for the City of Dubuque as required by the Federal Drug and Alcohol Testing Regulations, upon motion received and filed and adopted the Policy. Iowa Department of. .Natural Resources: Communication from the Iowa Department of Natural Resources regarding municipal separate storm sewer permit requirements, upon motion received and filed. Dubuque Metropolitan Area Solid Waste Agency: Jan Hess, Secretary for the Dubuque Metropolitan Area Solid Waste Agency, submit- ting rates for the landfill.begin- ning July 1, 2002, upon motion received and filed. Loras College - Request t• Purchase Property: Communication from Stephen J. Schmall, Loras College, requesting to purchase a por- tion of two City -owned streets, upon motion received and filed and referred to the City Manager. Mediacom: Communication from Mediacom advising of a rate increase effective with February 2002 billing state- ments, upon motion received and filed. Liquor License Refund: MM and H Corporation requesting a refund of their Class C Liquor Licenses in the amount of $422.50, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 1-02 Granting issuance of a license to sell Cigarettes and Cigarette Papers to Awn Stop Mart, Inc.; Resolution No. 2- 02 Granting issuance of a Class "B" Beer Permit to Godfather's Pizza; Class "C"- Beer Permit to Kwik Stop Food Mart, Awn Stop Mart, and Hy- Vee #2; and Resolution No. 3- 02 Granting issuance of a Class "C" Beer/Liquor License to Breezers Pub, The Lounge, and A & B Tap; Class "B" Wine Permit to Dubuque Religious Center and Hy-Vee #2. Seconded by Cline. Motion - carried 7-0. BOARDS/COMMISSIONS Interviews for the following Boards/Commissions: Human Rights Commission (Three vacancies for terms through 1/1/05 - Blau, Determan, and Sutton). Applicants: Sr. Corine Murray,' PBVM; Lou Oswald; Bill Ross: Joseph Hopkins. No one spoke. Plumbing Board (Journeyman - Term of Papin to expire 11/2/03). Applicant: Paul Papin. No one spoke. ACTION ITEMS Upon motion the following was removed from the table. Main Street Opening from 5th to 9th - Award of Contract (Tabled from December 17, 2001): Communication from Mike Portzen advising that Portzen Construction, Inc. will honor their bid proposal for the project through January 8, 2002; Public Works Director Mike Koch submitting revised construction schedule; Proofs of publication on notice of hearing on plans and specifi- cations, 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;.- Communication from Thomas G. Bond, Dubuque TV Limited Partnership, expressing oppo- sition to the proposed assess- ment to his property at 744 Main Street; Communication from Michael J. Kielty, Banner Investments, in opposition to the proposed street assess- ment for his property at 799 Main Street.; Communication of David W. Leifker regarding Town Clock Plaza; Communication from property owners (13) in support of re- opening Main Street and their proposed assessments, upon motion received and filed. Nicholson moved adoption of Resolution No. 4-02 Adopting plans and specifications for the project and Resolution No. 5-02 Amending preliminary schedule of assessments for Main Street Reconstruction Project - 5th to 9th Streets. Seconded by Michalski. Carried by the following vote: Yeas —Cline, • Connors, Markham, Michalski,_ Nicholson, Buol. Nays — Duggan. Nicholson moved adoption of Resolution No. 6-02 With respect to the adoption of the Resolution of Necessity pro- posed for the Main Street Reconstruction Project, 5th to 9th Streets. Seconded by Michalski. Carried by the fold lowing vote: Yeas —Cline, Connors, Markham, Michalski, Nicholson, Buol. Nays — Duggan. Nicholson moved adoption of Resolution No. 7-02 Awarding contract to Portzen Construction, Inc. in the amount of $1,864,870.39 and amended the Resolution to, extend the completion date for one month rather than three weeks. Seconded by Michalski. Carried by the fol- lowing vote: Yeas —Cline, Connors, Markham, Michalski, Nicholson, Buol. • Nays — Duggan. Affordable Housing Tax Credit Program Application - MWF Properties: - Communication from David T. Steele, Vice President of MWF Properties, requesting the City support their Affordable Housing Tax Credit Program Application to the State of Iowa; City Manager providing information regarding a request from MWF Properties.. for City support of an applica- tion to the Iowa Finance Authority for housing tax cred- its for a new construction fam- ily apartment complex to be known as Raven Hill Apartments; and a Resolution of Support for the develop- ment of a rental housing pro- ject to be known as Raven Hill_ Apartments, presented and read. David Steele of MWF Properties, spoke in support of this project. Discussion ensued about the speed of this project and that staff had no recommendation. Nicholson moved to receive and file the documents and to refer the matter to Staff. Seconded. by Cline. Motion carried 7-0. Memorandum of Understanding with Heartland Financial USA: City Manager recommending approval of a Memorandum of Understanding between the City and Heartland Financial i USA, Inc. for an expansion project in downtown Dubuque, upon motion received and filed. Lynn B. Fuller, President and CEO of Heartland Financial USA, Inc., spoke in support of the Memorandum of Understanding. Cline moved adoptiop of Resolution No. 8-02 Approving a Memorandum of Understanding with Heartland Financial USA, Inc, for an expansion in downtown Dubuque. Seconded by Michalski. Motion carried 7-0. HOME Program Application: City Manager recommending approval of an application to, the Iowa Department of Economic Development for HOME Program funds for rehabilitation of properties located near the "Five Points" intersection, upon motion received and filed and approved recommendation. City Council Appointments: Communications from the Dubuque Racing Association . and Operation: New View requesting appointment of the City's designees to their respective Boards for calendar year 2002, upon motion received and filed. Dubuque Metropolitan Solid Waste Agency: Upon vote Nicholson appointed to that Board. Operation: New View: Upon vote, Cline and Connors appointed to that Board. Dubuque Racing Assn: Upon vote current members remain on that Board - currently Mayor Duggan and Council Members Buol and Markham. REAP Committee - Upon,,. vote Connors appointed. There being no further busi- ness, upon motion meeting adjourned at 7:28 P.M. /s/ Jeanne F. Schneider City Clerk it 1/16 U STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, 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 .c /7 t.CtT c/ )&) , 20 Or). , and for which the charge is $ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /6Z day of 20 4 y Dubuque County, Iowa Notar P blic in and for MANY K. WE8'ENMEYER� Commission Number 154885 My Comm. Exp. FEB. 1, 2005