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2 04 02 minutes this meetingCITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 4, 2002 Council met for Dinner at 4:30 P.M. in the Second Floor Library Rotunda. Council met in Special Session at 5:00 P.M. in the Third Floor Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Michalski, Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing Port of Dubuque Design Standards. City Staff presented various aspects of the design standards. Ricker of Leland Consulting spoke reviewing the Design Dubuque. Bob Kost of URS/BRW and Anne Standard booklet for the Port of Specifics concerning the correct name for the Education and Conference Center, the 10 story height, and details of landscaping, snow removal, signage and parking were discussed. There being no further business, upon motion meeting adjourned at 6:28 P.M. /si Jeanne F. Schneider, CMC City Clerk COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, February 4, 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 is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the Council. Invocation was given by Deacon Paul Peckosh of St. Raphael's Cathedral. CONSENT ITEMS Minutes Submitted: Building Code Board of Appeals of 1/17; City Council of 1/21; Electrical Code Board of 1/14; Five Flags Commission of 1/14; Historic Preservation Commission of 1/17; Housing Commission Trust Fund of 1/24; Human Rights Commission of 11/5/01 and 12/10/01; Investment Oversight Commission of 1/17; Park and Recreation Commission of 12/11; Transit Board of 1/10; Zoning Board of Adjustment of 1/24, upon motion received and filed. Proof of publication of City Council proceedings of 12/27 and 1/7; proof of publication of list of claims and summary of revenues for the month ending November 30, 2001, upon motion received and filed. Investment Oversight Commission submitting their 35th quarterly report, upon motion received and filed. Substance Abuse Services Center Second Quarter Report for Fiscal Year 2002, upon motion received and filed. Notice of Claims/Suits: Frederick D. White in undetermined amount for property 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: Farm Bureau Mutual Insurance for vehicle damage/personal injury and Carol Ernst for vehicle damage, upon motion received and filed and concurred. Corporation Counsel recommending settlement of the claim of David P. Draper for vehicle damage in the amount of $629.04 and that the Finance Director be directed to issue payment, upon motion received and filed and concurred. Highway 20 Landscaping Project - Agreement for STP Funding: City Manager recommending approval of an agreement with the Iowa Department of Transportation for Phase II of the Highway 20 landscaping project in the amount of $100,000, upon motion received and filed. Buol moved adoption of Resolution No. 32-02 Approval of agreement for STP Funding. Seconded by Markham. Motion carried 7-0. 2001 Certified Local Government (CLG) Annual Report: City Manager submitting the 2001 Certified Local Government (CLG) Annual Report as required by the State Historical Society, upon motion received and filed. 2001 Curb Ramp Installation - CDBG No. 2 Project- Acceptance: City Manager recommending acceptance of the 2001 Curb Ramp Installation - CDBG No. 2 Project in the final contract amount of $19,346.59 as completed by Superior Construction, upon motion received and filed. Buol moved adoption of Resolution No. 33-02 Accepting improvement and Resolution No. 34-02 Approving final estimate. Seconded by Markham. Motion carried 7-0. Locust Street Connector: City Manager recommending approval of a cooperative agreement between the City and the Iowa Department of Transportation for reconstruction of the Locust Street and the Locust Street Connector intersection, upon motion received and filed. Buol moved adoption of Resolution No. 35-02 Approving Cooperative Agreement between the Iowa Department of Transportation (IDOT) and the City of Dubuque relating to the reconstruction of Locust Street and the Locust Street Connector. Seconded by Markham. Motion carried 7-0. Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set for February 18, 2002 to consider assessing civil penalties against nine tobacco permit holders, upon motion received and filed and set Hearing for 2/18/02. Seconded by Markham. Motion carried 7- 0. Annual Rental Survey: City Manager submitting the results of the Annual Rental Survey, upon motion received and filed. 2 RISE Project Agreement - Chavenelle Road: City Manager recommending approval of a project agreement with the Iowa Department of Transportation for RISE funding of street improvements for Chavenelle Road west of Seippel Road in the Dubuque Industrial Center West, upon motion received and filed. Buol moved adoption of Resolution No. 36-02 Approving an agreement for RISE funding with the Iowa Department of Transportation relating to development of Chavenelle Road west of Seippel Road in the Dubuque Industrial Center West. Seconded by Markham. Motion carried 7-0. Mutual Aid Agreements - City of Dubuque, Dubuque County and Jo Daviess County, Illinois: City Manager recommending approval of two mutual aid agreements for law enforcement services between the City of Dubuque, Dubuque County, and Jo Daviess County, Illinois, upon motion received and filed. Buol moved adoption of Resolution No. 37-02 Approving a Chapter 28E Multijurisdictional Law Enforcement Agreement among the City of Dubuque, Iowa, Dubuque County, Iowa, and Jo Daviess County, Illinois and Resolution No. 38-02 Approving a Chapter 28E Multijurisdictional Drug Enforcement Agreement among the City of Dubuque, Iowa, Dubuque County, Iowa, and Jo Daviess County, Illinois. Seconded by Markham. Motion carried 7-0. Mcfadden Property - Acceptance of Deed: City Manager recommending acceptance of property from Vincent Mcfadden and Louella Mcfadden for the extension of Chavenelle Drive. upon motion received and filed. Buol moved adoption of Resolution No. 39-02 Accepting the deed to certain real estate in Dubuque County, Iowa from Vincent McFadden and Luella Mcfadden. Seconded by Markham. Motion carried 7-0. Enterprise Zone Commission: Appointment of the City Manager to the Enterprise Zone Commission for a three year term ending on February 15, 2005, upon motion received and filed and approved the City Manager appointment. U.S. Department of Housing and Urban Development: Communication from Roy Bernardi of the U.S. Department of Housing and Urban Development regarding an application for America's River Museum funding in the amount of $1,000,000, upon motion received and filed. State of Iowa Department of Public Defense: City Manager providing a response to a communication from Ellen Gordon, State of Iowa Department of Public Defense, Emergency Management Division about eligibility for public assistance projects, upon motion received and filed. Dubuque County Board of Supervisors: Communication of City Manager to Donna Smith, Dubuque County Board of Supervisors, advising that the City supports the application of Cottingham and Butler for a Historic Property Rehabilitation Tax Exemption for the Town Clock Building, upon motion received and filed and approved recommendation. Marine fuel Tax Grant Agreement for Riverfront Boat Pier at Port of Dubuque: City Manager recommending approval of a Marine Fuel Tax grant application for construction of the riverfront boat pier at the Port of Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 40-02 Authorizing application for Marine Fuel Tax Grant for construction of riverfront boat pier. Seconded by Markham. Motion carried 7-0. 3 Business Licenses: Buol moved adoption of Resolution No. 41-02 Granting issuance of a Class "C" Beer Permit to Molo Oil; Dubuque Discount Gas and Lee's 76 / West Locust Mart and Resolution No. 42-02 Granting issuance of a Class "B" (Hotel/Motel) License to Dubuque Inn Corporation and Class "C" Beer/Liquor License to Pusateris and Dubuque Mining Company. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Interviews for the following Board: Housing Code Appeals Board (Two three year terms expiring 1/11/05 -Hannan and Sampson) Applicants: Tom Hannan, Robert L. Sampson. No one spoke. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Bond Sale to Support Main Street Reconstruction Project: Proof of publication on notice of hearing to consider the issuance of $1,000,000 General Obligation Bonds and City Manager recommending that the City institute proceedings to take additional action on the issuance, upon motion received and filed. Markham moved adoption of Resolution No. 43-02 Instituting proceedings to take additional action for the issuance of not to exceed $1,000,000 General Obligation Bonds and Resolution No. 44-02 Directing the advertisement for sale of $1,000,000 General Obligation Bonds, Series 2002B. Seconded by Nicholson. Carried by the following vote: Yeas--Connors, Markham, Michalski, Nicholson, Buol, Cline. Nays--Duggan. Rezoning Request of Dennis and Lori Ansel: Proof of publication on notice of hearing to consider rezoning property located at 2001 Rockdale Road from R-1 Single Family residential District and C-2 Neighborhood Commercial District to CS Commercial Service and Wholesale District and Zoning Advisory Commission recommending denial of the claim (from October 16, 2000 meeting where item was tabled) and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2001 Rockdale Road from R-1 Single Family District and C-1 Neighborhood Commercial District to CS Commercial Service and Wholesale District, presented and read. Michalski moved to send this matter back to the Zoning Commission and table the public hearing. Seconded by Buol. Motion carried 7-0. Hazard Mitigation Plan Task Force: Proof of publication on notice of hearing to consider the City's Hazard Mitigation Plan as developed by the Hazard Mitigation Plan Task Force and City Manager recommending adoption of the Plan, upon motion received and filed. Cottingham and Butler - Easement: Proof of publication on notice hearing to consider disposing of City interest under a portion of Main Street between 8th and 9th Street in the City of Dubuque, Iowa to Cottingham and Butler, Inc. and City Manager recommending approval, upon motion received and filed. Mary Lou Baal, of Security Partners, spoke in favor of the requested disposal. Marty Johnson, from Straka Johnson Architects PC, spoke detailing the specifics of the project. 4 Cline moved adoption of Resolution No. 45-02 Disposing of an easement to Security Partners, L.P., an Iowa Limited Partnership. carried 7-0. interest in real property by Seconded by Buol. Motion Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Greater Dubuque Development Corporation Progress Report: Mr. Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, spoke giving a progress report. White Street Reconstruction Project: City Manager recommending that the preliminary schedule of assessments for the White Street Reconstruction Project be amended for final adoption at the public hearing on February 18, 2002; and that a public hearing be set for March 4, 2002 for the nine property owners who did not receive the proper notice of the assessable project, upon motion received and filed. Nicholson moved adoption of Resolution No. 46-02 Amending the preliminary schedule of assessments for the White Street Reconstruction; Resolution No. 47-02 of Necessity; Resolution No. 48-02 Fixing date of hearing on Resolution of Necessity for 3/4/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 49-02 Approving preliminary schedule of assessments. Seconded by Connors. Motion carried 7-0. Parking Meter Districts: City Manager recommending approval of an Ordinance to expand the meter district to include both sides of Eighth Street, from Iowa Street to Locust Street, and both sides of Main Street, from Fifth Street to Ninth Street and an Ordinance Amending Section 32-336 of the City of Dubuque Code of Ordinances, establishing the Municipal Parking Meter District by adding both sides of Eighth Street from Iowa Street to Locust Street and both sides of Main Street from Fifth Street to Ninth Street - this item removed from the Agenda. Iowa League of Cities Annual Conference: City Manager requesting that a City Council Member be designated as a liaison for the Iowa League of Cities Annual Conference Bid for 2005 or 2006, upon motion it was resolved that Council Member Nicholson be appointed. U.S. Highway 20 Signal Improvements - STP Agreement: City Manager recommending approval of a cooperative agreement with the Iowa Department of Transportation for Surface Transportation Program funding relating to the realignment of University Avenue from Ethel Street to U.S. Highway 20, upon motion received and filed. Buol moved adoption of Resolution No. 50-02 Approving Cooperative Agreement between the Iowa Department of Transportation (DOT) and the City of Dubuque relating to the realignment of University Avenue from Ethel Street to U.S. Highway 20. Seconded by Michalski. Motion carried 7-0. Council Member John Markman Appointment: Communication from Tom Bredeweg, Iowa League of Cities, appointing Council Member John Markham to the Finance Administration and Intergovernmental Relations Policy Committee, upon motion received and filed and approved appointment. 5 Council Member Ann Michalski Appointment: Communication from Tom Bredeweg, Iowa League of Cities, appointing Council Member Ann Michalski to the Human Development Policy Committee, upon motion received and filed and approved appointment. International Institute of Municipal Clerks: Communication from the International Institute of Municipal Clerks advising that City Clerk Jeanne Schneider has achieved the status of Certified Municipal Clerk (CMC), upon motion received and filed. ITEMS TO BE SET FOR PUBLIC HEARING Crescent Heights - Request to Vacate: City Manager recommending that a public hearing be set for February 18, 2002 to consider a request from Larry and Sharon McDermott to vacate a 20- foot wide utility easement on Crescent Heights, upon motion received and filed. Markham moved adoption of Resolution No. 51-02 of Intent to dispose of interest and vacate utility easement over Lots 40, 41 and 42 of Crescent Heights in the City of Dubuque, Dubuque County, Iowa and further moved that this be set for Public Hearing on 2/18/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. Mt. Carmel Sanitary Sewer Extension: City Manager recommending acceptance of the Mt. Carmel Sanitary Sewer Extension Project and that a public hearing be set for February 18, 2002 on the connection fees for the sanitary sewer, upon motion received and filed. Michalski moved adoption of Resolution No. 52-02 Accepting improvement; Resolution No. 53-02 Approving estimate; Resolution No. 54-02 Adopting the preliminary schedule of final assessments for the Mt. Carmel Sanitary Sewer Extension Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof; Resolution No. 55-02 Providing for a public hearing on an Ordinance establishing a schedule of connection fees for the Mt. Carmel Sanitary Sewer Extension Project within the City of Dubuque, Iowa, with said public hearing set for 2/18/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2003 Annual Action Plan: City Manager submitting the City's Fiscal Year 2003 Annual Action Plan and recommending that a public hearing be set for February 21, 2002 to consider the Plan, upon motion received and filed. Markham moved adoption of Resolution No. 56-02 Setting a public hearing on the Program Year 2002 (Fiscal Year 2003) Community Development Block Grant (CDBG) Annual Plan for 2/21/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. Rip Row Valley Ball Field Development: City Manager recommending initiation of the bidding process for demolition and grading of the ball field site of the Rip Row Valley development and that a public hearing be set for March 4, 2002, upon motion received and filed. Markham moved adoption of Resolution No. 57-02 Preliminary approval of plans and specifications; Resolution No. 58-02 Setting date of hearing on plans and specifications for 3/4/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law, and Resolution No. 59-02 Ordering bids. Seconded by Buol. Motion carried 7-0. 6 Utilities Extension - Rip Row Valley: City Manager recommending initiation of the bidding process for the Rip Row Valley Utilities Extension Project and that a public hearing be set for March 4, 2002, upon motion received and filed. Markham moved adoption of Resolution No. 60- 02 Preliminary approval of plans and specifications; Resolution No. 61-02 Setting date of hearing on plans and specifications for 3/4/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 65-02 Ordering bids. Seconded by Buol. Motion carried 7-0. Burlington Northern Railroad Depot Restoration Project - Initiate: City Manager recommending initiation of the bidding process for Train Depot Restoration Project and that a public hearing be set for March 18, 2002, upon motion received and filed. Markham moved adoption of Resolution No. 63-02 Preliminary approval of plans and specifications; Resolution No. 64-02 Setting date of hearing on plans and specifications for 3/18/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 65-02 Ordering bids. Seconded by Buol. Motion carried 7-0. Woodward Museum Restoration Project - Initiate: City Manager recommending initiation of the bidding process for Woodward Museum Restoration Project and that a public hearing be set for March 18, 2002, upon motion received and filed. Markham moved adoption of Resolution No. 66-02 Preliminary approval of plans and specifications; Resolution No. 67-02 Setting date of hearing on plans and specifications for 3/18/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law, and Resolution No. 68-02 Ordering bids. Seconded by Buol. Motion carried 7-0. At 7:27 P.M. upon motion it was resolved to go into Closed Session re: Acquisition of Property - Iowa Code Chapter 21.5(1 )(j). At 7:50 P.M. Council reconvened Regular Session stating that staff had been given direction. There being no further business, upon motion meeting adjourned at 7:51 P.M. /s/Jeanne F. Schneider, CMC City Clerk It 2/13 7