3 5 01 Skeleton SheetCITY COUNCIL REGULAR SESSION, March 5, 2001
COUNCIL MET IN REGULAR SESSION AT 6:30 P'M' IN. THE LIBRARY AUDITORIUM
PRESENT: MA:~'~fl~ZAN, COUNCIL MEMBERS BUOL' CLINE, MARKHAM,
MICHA/L~KI, NICH~L/SON, ROB~IS
CITY MANAGER MICHAEL VAN MILLIGEN, CORPORATION COUNSEL BARRY LINDAHL
Mayor ~ react 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
City Council.
Invocation: Msgr. David Wheeler, St. Mary's Catholic Church
CONSENT ITEMS
y e,~ Nays
/~/) Nicholson
L./Robbins
0
~/ Cline
Duggan
Markham
Michalski
=
Minutes Submitted
Cable TV Regulatory Commission of 2/14; Cable TV Teleprogramming Commission
of 2/6; Civil Service Commission of 1/18 and 2/2; City Council Proceedings of 2/5
and 2/19; Five Flags Commission of 1/15 and 2/19; Housing Commission of 1/23;
Library Board of 12/14
Proof of publication of Council Proceedings for 2/5 and 2/7
Suggested Disposition: Receive and File
Notice of Claims/Suits
Kevin Ament in estimated amount of $2,900.73 for vehicle damage; Ryan Foley in
estimated amount of $700 for vehicle damage; Carol Friedman in undetermined
amount for personal injuries; James and Mary Kress in estimated amount of $2,580
for property damage; Bill Meyer in estimated amount of $102.29 for vehicle
damage; Richard Michels in estimated amount of $314.98 for vehicle damage;
Karla Schramm in undetermined amount for vehicle damage
Suggested Disposition: Receive and File; Refer to Legal for investigation/Report
Corporation Counsel advising the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Robert C. Hood, Jr. for personal injuries; Mackenzie Kylmanen for personal injuries;
Gene A. Kramer for vehicle damage; Kelly Larson for vehicle damage; Lois L~ink for
personal injury; Klm Mesch for vehicle damage; Monte Carlo Restaurant for loss of
business; William A. Moore for vehicle damage; Nona Nigg for vehicle damage;
Brian C. Noel for vehicle damage; Mary Oglesby for personal injury; Karla Schramm
for vehicle damage; State Farm Insurance Companies for Timothy Grass for vehicle
damage; Susan Walgamuth for vehicle damage
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending denial of the claim of Kathleen M. Kane for tire
damage.
2
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending settlement of the claims of Linda Sanford in
the amount of $174.85 for vehicle damage; Cindy Hanten in the amount of $10.00
for property damage, and that the Finance Director be directed to issue the
appropriate check.
Suggested Disposition: Receive and File; Finance Director to issue checks
Patricia Ann Drive Extension
Communication from Lloyd S. Gudenkauf requesting final approval and acceptance
of the Patricia Ann Drive extension project.
Suggested Disposition: Receive and File; Refer to City Manager
J
Request to Purchase - Mechanics Lot 138
Communication from Robert Cartmill, 505 Napier Street, requesting to purchase
Mechanics Lot 138 from the City of Dubuque.
Suggested Disposition: Receive and File; Refer to City Manager
Ayes Nays
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Michalski
3
Community Development Advisory Commission
Communication from Sister Lynn Marie Fangman advising that she will not be
reapplying for a position on the Community Development Advisory Commission.
Suggested Disposition: Receive and File
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising of
an amendment to the City's HOME Investment Partnership Program Master
Contract and Funding Agreement.
Suggested Disposition: Receive and File
Dubuque Golf and Country Club
Le~er of appreciation from Donald H. Kelliher, General Manager of the Dubuque
Golf and County Club, for the City Council's support of their request to reassign
stop signs at Bradley and Rider Streets, and Perry and Rider Streets.
Suggested Disposition: Receive and File
Ayes Nays
Ni~holson
Robbins
Buol
Cline
Duggan
Markham
Michalski
4
10.
Senate File 168
Communication of City Manager to area legislators urging their opposition to S.F.
168 which addresses the granting of additional cable television franchises in Iowa
communities.
Suggested Disposition: Receive and File; Concur
Senate File 31 and House File 4
Communication of City Manager to area legislators advising that the City of
Dubuque does not support new mandates regarding the taxing authority of cities as
proposed in SF 31 and HF 4.
Suggested Disposition: Receive and File; Concur
Plastic Center, Inc. - Acceptance of Warranty Deed
RESOLUTION ~-O/ Accepting Warranty Deed for real estate in Dubuque
County, Iowa from Plastic Center, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Nays
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Michalski
5
11.
Penalties for Tobacco Permit Holders
City Manager recommending that a hearing be set for Mar~h 19, 2001 for twelve
businesses for underage tobacco sales.
Communication of James M. Heckmann, representing the Midway Hotel, waiving
the right to a public hearing and submitting payment in the amount of 9300 in
satisfaction of the maximum civil penalty that could be assessed at the hearing.
Suggested Disposition: Receive and File; Hearing 3/19/01
12.
Local Housing Assistance Program Award
City Manager recommending approval of a contract with the Iowa Department of
Economic Development for a Local Housing Assistance Program (LHAP) award in
the amount of 9100,000.
Suggested Disposition: Receive and File; Approve
13.
Iowa Inn Rehabilitation Project
City Manager recommending the publication of a combined notice of no significant
impact on the environment and notice of intent to request release of funds for the
Iowa Inn Rehabilitation project.
RESOLUTION ~-4:~/~ Authorizing publication of a combined notice of no
significant impact on the environment and notice of intent to request release of
funds for the Iowa Inn Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Michalski
6
14.
Administrative Services/Financial Agreement Between the City and Delta Dental
City Manager recommending approval of an Administrative Services and Financial
Agreement between the City and Delta Dental Plan of Iowa for administration of
the City's dental plan,
Suggested Disposition: Receive and File; Approve Agreement
15. National Main Street Center - Grant Request
City Manager recommending approval of a request from the City of Dubuque and
Dubuque Main Street, Ltd., to the National Main Street Center for a consultation
grant for the Downtown Vision process.
Suggested Disposition: Receive and File; Approve
16, Land and Water Conservation Fund Grant Application for Riprow Valley Recreation
Area
City Manager recommending approval of a Land and Water Conservation Fund
(LWCF) grant application from the Iowa Department of Natural Resources for the
Riprow Valley Recreation Area.
RESOLUTION ~?~/ On acquisition or development for outdoor recreation
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Michalski
7
17.
Internet Banking
City Manager recommending that the Administrative Services Manager, Finance
Director and Assistant Finance Director be authorized to utilize Internet Banking on
behalf of the City.
RESOLUTION ~ - ~/~ Authorizing certain designated fiscal officers of the
City of Dubuque to utilize Internet Banking on behalf of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
18. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Water
Distribution Foreman.
Suggested Disposition: Receive and File; Make a Matter of Record
19. Project Concern - Purchase of Service Agreement
City Manager recommending approval of an amendment to the Purchase of Service
agreement with Project Concern, Inc.
Suggested Disposition: Receive and File; Approve
20.
21.
Business License Refund
Request of Mulgrew Oil Company for a refund of their beer and liquor license in the
amount of $50.00.
Suggested Disposition: Receive and File; Approve Refund
Business Licenses
RESOLUTION ~//-
Mart
Granting issuance of a Class "C" Beer Permit to Big 10
RESOLUTION ~<~ 'O// Granting issuance of a Class "B" (Hotel/Motel)
Beer/Liquor License to Days Inn; and a Class "C" (Commercial) Beer/Liquor License
to Cue Master Billiards; Finney's Bar & Grill, The Yardarm, and Galaxies
Suggested Disposition: Adopt Resolutions
Ayes Nays
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Michalski
8
PUBLIC HEARINGS
SUSPEND THE RULES
~/~ e/~5~ Nays
/~ l ~///Nicholson
//~Robbins
/? ' Buol
/ Cline
Duggan
// Markham
/ ~ Michalski
Oak Street Sanitary Sewer Extension Project
Proofs of publication on notice of hearing on plans and specifications, and notice to
bidders on the receipt of bids, and City Manager recommending award of the
contract to Tschiggfrie Excavating in the amount of $106,092.
RESOLUTION ~ / Adopting plans and specifications for the project
RESOLUTION ~/-O ? Awarding contract to Tschiggfrie Excavating in the
amount of $106,092
RESOLUTION ~_~-~ ~ ,7 With respect to the adoption of the Resolution of
Necessity proposed for the Oak Street Sanitary Sewer Extension Project
Suggested Disposition:
Receive and File; Adopt Resolutions
Nays
~,~/~ Nicholson
~Robbins
Buol
Cline
Duggan
Markham
Michalski
9
Amendment to Stout Place Urban Revitalization District (Iowa Inn Project)
Proof of publicstion on notice of hearing to consider an amendment to the Stout
Place Urban Revitalization District (Iowa Inn Project).
City Manager recommending approval of an amendment to the Stout Place Urban
Renewal District to extend the duration for three years and an amendment to the
Fiscal Year 2001 Community Development Block Grant Annual Action Plan to
provide for the allocation of unanticipated CDBG revenue to the rehabilitation of the
Iowa Inn.
ORDINANCE //_~O ? Amending City of Dubuque Ordinance establishing the
Stout Place Urban Revitalization Area as an Urban Revitalization Area pursuant to
Chapter 404 of the Code of Iowa
RESOLUTION ~-'~/ Approving Amendment #3 to the Fiscal Year 2001
(Program Year 2000) Annual Action Plan for Community Development Block Grant
Funds
Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolution
~/~y~ Nays
(~ Nicholson
~ Robbins
/ O Buol
/ Cline
Duggan
/x Markham
~j~ Michalski
10
REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
Nays ~/
Y~ Nicholson
Robbins
Cline
Duggan
Markham Michalski
ACTION iTEMS
Final Plat - Block 3 of Oak Meadows Second Addition
City Manager recommending approval of the final plat of Block 3 of Oak Meadows
Second Addition.
RESOLUTION ~7-O / Approving the final plat of Block 3 of Oak Meadows
Second Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
, Aye~ Nays
Nicholson
Rohhins
Cline
Duggan
~/ Markham
/ Michalski
11
=
Amendments to the Historic Preservation Ordinance
Communication of the Historic Preservation Commission and the Preservation Task
Force recommending amendments to the Historic Preservation Ordinance.
ORDINANCE X~ Amending Chapter 25 (Historic Preservation)
of
the
Code of Ordinances of the City of Dubuque
Suggested Disposition: Receive and File; Second Reading
Ayes
Nays
Nicholson
Robbins
Buol
Cline
Duggan
Markham
Michalski
12
=
City Assessor's Office
City Manager recommending that separate offices be maintained for the City
Assessor and the County Assessor.
Suggested Disposition: Receive and File; Concur
,y~e s Nays
Nicholson
Robbins
/ Buol
/ ~ Cline
Duggan
~' Markham
,// Michalski
13
Suggested DispoSition: Receive and File; Adopt Resolution
,,.~ /~"'~ Ayes RNioCbh~?n~soYnS
Buol
Cline
Duggan
Markham
Michalski
COUNCIL MEMBER REPORTS
14
ITEM TO BE SET FOR PUBLIC HEARING
Leasing of Golf Carts
City Manager recommending approval of a lease between the City and Harris Golf
Cars for forty golf carts.
RESOLUTION /~'~?// Fixing date of hearing on golf cart lease agreement
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/19/01
iyes Nays
Nicholson
Robbins
Buol
Cline
Duggan
J Markham
Michalski
15
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which
are of concern to that person and which are not an agenda item. Please take your place
at the microphone and state your name and address clearly. Proceed with your
comments; however, no formal action may be taken at this time on your comments
because of the notice requirements of the Iowa Open Meetings Law.
Motion to adjourn
Ayes Nays
~/ Nicholson
//~ Robbins
/ suo
/ L/Cline
Duggan
// Markham
// Michalski
16