3 19 01 Cnl Minutes this meetinCITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, Monday, March 19, 2001
At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library.
At 5:38 P.M. Council convened for the Special Session in the Public 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 and stated this is a special session of the City Council called for
the purpose of discussing designs for the Town Clock Plaza.
Public Works Director Mike Koch and Kevin Eipperle from the Durrant Group spoke.
Discussion ensued amongst the Council Members about the opening of Town Clock Plaza to
traffic. Direction was given to Staff to check the traffic volume and to develop cost options.
Upon motion this special session adjourned at 6:28 P.M.
~__~.~ ea n n~e,,,",F,. Schneider City Clerk
CITY COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, March 19, 2001
Council met in Regular Session at 6:30 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 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 was given by Sr. Marilyn Schlosser, OP, Chaplain, Mercy Medical Center.
CONSENTITEMS
Minutes Submitted: Airport Commission of 2~26; Cable Community Teleprogramming
Commission of 3~6; City Council Proceedings of 2/7, 2/15, 2/21, 2~26; 2~27, 2/28, 3~5, and 3~6;
Historic Preservation Commission of 2~24; Library Board of 1/25; Joint City/County Planning
Committee of the Long Range Planning Advisory Commission of 2/26; Park and Recreation
Commission of 2/13; Zoning Board of Adjustment of 2~22, upon motion received and filed.
Proof of publication of Council Proceedings for 2/15, 2/19, and 2/21, upon motion received and
filed.
List of Claims and Summary of Revenues for month ending January 31, 2001; City of Dubuque
Financial Reports for the month ending February 28, 2001, upon motion received and filed.
Notice of Claims/Suits: Associates Home Equity Services, Inc., Armella Meyer in undetermined
amount for property damage; Kathleen McMullen in estimated amount $193.88 for vehicle damage;
Mi-T-M Corp in estimated amount of $1,304.81 for vehicle damage; Public Improvement Claim of
Reliable Plumbing, Inc., for City Hall Remodeling Exterior Work, upon motion referred to the Legal
Staff for investigation and 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: Kevin Ament for vehicle
damage; Ryan Foley for vehicle damage; Carol A. Friedman for personal injury; James and Mary
Kress for property damage, upon motion received and filed.
Corporation Counsel recommending denial of the claims of Bill Meyer for vehicle damage and
Robert Michels for vehicle damage, upon motion received and filed and concurred with
recommendation.
Corporation Counsel recommending settlement of the claim of Kathleen McMullen in the
amount of $193.88 for vehicle damage and that the Finance Director be directed to issue the
appropriate check, upon motion received and filed and approved recommendation of settlement
and Finance Director to issue proper check.
Citizen Communication: Communication of Mr. and Mrs. Peter J. Eisbach regarding repair of
the Hodgden Street Steps, upon motion received and filed.
Iowa League of Cities: Communication from the Iowa League of Cities advising that Sioux City
was chosen to host the 2004 League meeting, upon motion received and filed.
Villa, Florence and Mountain Lane Sanitary Sewer - Acceptance: City Manager recommending
acceptance of the Villa, Florence and Mountain Lane Sanitary Sewer Project in the final contract
amount of $179,767.53 and approving the preliminary final schedule of assessments, upon motion
received and filed. Buol moved adoption of Resolution No. 93-01 Accepting improvement for
project; Resolution No. 94-01 Approving final contract amount of $179,767.53; Resolution No.
95-01 Approving preliminary final schedule of assessments. Seconded by Robbins. Motion
carried 7-0.
Olympic Heights - US 52 - Jackson Street Drainage Improvements - Phase II - Acceptance:
City Manager recommending acceptance of the Olympic Heights - US 52 - Jackson Street
Drainage Improvements - Phase II Project in the final contract amount of $63,307.91, upon motion
received and filed. Buol moved adoption of Resolution No. 96-01 Accepting improvement for
project and Resolution No. 97-01 Approving final contract amount of $63,307.91. Seconded by
Robbins. Motion carried 7-0.
Long Range Planning Advisory Commission: Communication from Laura Carstens, Planning
Services Manager, advising of the resignation of Steve Cooper from the Long Range Planning
Advisory Commission, upon motion received and filed.
Dakota, Minnesota and Eastern Railroad: Communication of City Manager to Victoria Rutson,
Environmental Project Manager, regarding the Dakota, Minnesota and Eastern Railroad, upon
motion received and filed.
Deer Management Plan: Communication from the Environmental Stewardship Advisory
Commission and City Manager recommending continuation of the deer management program as
outlined in the attached Deer Management Plan, upon motion received and filed and concurred
with the recommendation for continuation of the plan.
Fiscal Year 2001 Annual Action Plan - Amendment #4: City Manager recommending approvat
of Amendment ~ to the Community Development Block Grant (CDBG) Fiscal Year 2001 Annual
Action Plan to provide for additional improvements to Flat Iron Park, upon motion received and
filed. Buol moved adoption of Resolution No. 98-01 Approving Amendment #4 to the Fiscal Year
2001 (Program Year 2000) Annual Action Plan for Community Development Block Grant Funds.
Seconded by Robbins. Motion carried 7-0.
Renewal of Section 8 Program Contracts: City Manager recommending approval for the
renewal of the annual contributions contract with the US Department of Housing and Urban
Development (HUD) for expiring Section 8 Moderate Rehabilitation Program units, upon motion
received and filed and concurred with recommendation.
US Army Corps of Engineers - Public Notice: Notice from the US Army Corps of Engineers
regarding a proposed project by Peavey Company to expand an existing commercial docking
facility on the Mississippi River, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 99-01 Granting issuance of a
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Class "B" Beer Permit to 8~ Inning and a Class "C" Beer Permit to Arby's Q Mad; Resolution No.
100-01 Granting issuance of a Class "C" BeedLiquor License to P.J. Tap, Dubuque Greyhound
Park/Casino, The Busted Lift, Eagles Club #568, Kat's Pub, and Knights of Columbus Council
#510. Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS: Interviews for the following Boards/Commissions: Civil Service
Commission (One Vacancy): Applicant: Merle J. Duehr, Jr.; Mechanical Code Board (Two
Vacancies): Applicants: David W. Grothe, Tom W. Giese. No one spoke.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
2728 Asbury Road - Rezoning Request: Proof of publication on notice of hearing to consider
rezoning property located at 2728 Asbury Road (Calvary Baptist Church) from R-1 Single-Family
Residential District to OC Office Commercial District, upon motion received and filed. Mark
Tressel, 389 Hill St. spoke proposing to renovate these historical buildings. Ordinance No. 17-01
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 2728 Asbury Road from R-1 Single-Family
Residential District to OC Office Commercial District, presented and read. Buol moved that the
requirement 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 consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0.
Residential Parking Permit District (Tabled at December 4, 2000 Meeting): Upon motion it was
resolved to remove the following item from the table. City Manager submitting various alternatives
for a Residential Parking Permit District in the Senior High School area and recommending that a
public hearing be set for May 7, 2001, upon motion received and filed and set Public Hearing for
5/7/01 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed by law.
Leasing of Golf Cads: Proof of publication on notice of hearing and City Manager
recommending approval of an agreement between the City and Harris Golf Cars (Yamaha Motor
Corporation, U.S.A.) for leasing forty new golf carts for a five year period at a cost of $113,000,
upon motion received and filed and approved agreement.
Mississippi River Discovery Center Utility Relocation 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 for the Mississippi River Discovery Center Utility
Relocation Project to McDermott Excavating in the amount of $369,864.65, upon motion received
and filed. Robbins moved adoption of Resolution No. 101-01 Adopting plans and specifications
for the project and Resolution No. 102-01 Awarding contract to McDermott Excavating in the
amount of $369,864.65. Seconded by Buol. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Hearing on Penalties for Tobacco Permit Holders: City Manager recommending that hearings
be held on the assessment of a civil penalty of $300 against Five Points Mart, 405 Rhomberg;
Eagle's #130, 1800 Elm Street; Hartig Drug, 157 Locust Street; Busted Lift, 180 Main Street; Cue
Master Billiards, 900 Central Avenue; Instant Replay, 1602 Central Avenue; Madhatter's Inc., 1091
Main Street; Oky Doky Foods, 1101 Rhomberg; Shannon's Bar & Grill, 521 East 22"d Street;
Grandview Milkhouse, 620 South Grandview; and Dubuque Inn, 3434 Dodge Street, upon motion
received and filed and approved assessments.
Loan Program - Old Main Property and Business Owners: City Manager recommending
development of a small business loan program to assist Old Main business and property owners
affected by the order to vacate, upon motion received and filed and concurred with
repommendation.
Amendments to the Historic Preservation Ordinance (Final Reading): Ordinance No. 18-01
Amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque,
said Ordinance having been presented and read at the Council Meetings of 2/19/01 and 3/5/01,
now presented for final action. Buol moved final consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
Establishing Fair Market Value- The Aspermont Company (Brewery Property): City Manager
recommending establishment of the Fair Market Value for the acquisition of certain real property
owned by The Aspermont Company (Brewery Property), upon motion received and filed. Buol
moved adoption of Resolution No. 103-01 Establishing Fair Market Value for the acquisition of
certain real property owned by The Aspermont Company. Seconded by Robbins. Motion carried
7-0. Buol moved to reconsider the previous motion. Seconded by Michalski. Motion carried
7-0. Buol then moved to adopt the Resolution. Seconded by Robbins. Carried by the following
vote: Yeas-Buol, Cline, Markham, Michalski, Nicholson, Robbins. Nays-None. Abstain-Duggan.
Request for Proposals - Mississippi River Education Center: City Manager recommending
approval of a Request for Proposal (RFP) for architectural/engineering consulting services for the
Education and Conference Center within the Fourth Street Peninsula, upon motion received and
filed and approved recommendation.
Cooper Wagon Works Building - Downtown Rehabilitation Loan: City Manager recommending
approval of a request from The Cooper Development Company, LLC for funding from the City's
TIF-funded Downtown Rehabilitation Loan Program to renovate the former Cooper Wagon Works
Building at 390 Main Street, upon motion received and filed. Robbins moved adoption of
Resolution No. 104-01 Authorizing a letter of commitment and additional actions concerning a
downtown rehabilitation loan to the Cooper Development Company, LLC. Seconded by
Nicholson. Motion carried 7-0.
Town Clock Building Company - Downtown Rehabilitation Loan: City Manager
recommending approval of a request from Town Clock Building Company (Cottingham & Butler,
Inc.) for funding from the City's TIF-funded Downtown Rehabilitation Loan Program to renovate the
Town Clock Building at 835 Main Street, upon motion received and filed. Buol moved adoption
of Resolution No. 105-01 Authorizing a letter of commitment and additional actions concerning a
downtown rehabilitation loan to Town Clock Building Company. Seconded by Nicholson. Motion
carried 7-0.
Cottingham and Butler Insurance Service, Inc. - CEBA Application: City Manager
recommending approval of the submission of a Community Economic Betterment Account (CEBA)
program application to the Iowa Department of Economic Development on behalf of Cottingham
& Butler Insurance Service, Inc., upon motion received and filed. Michalski moved adoption of
Resolution No. 106-01 Authorizing the filing of a Community Economic Betterment Account (CEBA)
application on behalf of Cottingham & Butler Insurance Service, Inc. Seconded by Nicholson.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Mt. Carmel Sanitary Sewer Project: City Manager recommending initiation of the bidding
process for the Mt. Carmel Sanitary Sewer Project and that a public hearing be held on April 16,
2001, upon motion received and filed. Michalski moved adoption of: Resolution No. 107-01
Preliminary approval of plans and specifications; Resolution No. 108-01 Fixing date of hearing on
plans and specifications; Resolution No. 109-01PreliminaryapprovalofResolutionofNecessity
for project; Resolution No. 110-01 Setting date of hearing on Resolution of Necessity; Resolution
No. 111-01 Approving preliminary schedule of assessments; Resolution No. 112-01 Ordering bids;
Resolution No. 113-01 Authorizing eminent domain proceedings to be initiated to acquire sanitary
sewer easements for construction of the Mt. Carmel Sanitary Sewer, and further set this matter for
Public Hearing on 4/16/01 at a meeting to commence 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.
Sanitary Sewer Reconstruction Project - Alley Between Rhomberg and Garfield, from Dock to
Fengler: City Manager recommending initiation of the bidding process for the Sanitary Sewer
Reconstruction Project in the alley between Rhomberg and Garfield, from Dock to Fengler and that
a public hearing be held on April 16, 2001, upon motion received and filed. Michalski moved
adoption of: Resolution No. 114-01 Preliminary approval of plans and specifications; Resolution
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No. 115-01 Fixing date of hearing on plans and specifications for 4/16/01 at a meeting to
commence 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. 116-01 Ordering bids. Seconded by
Nicholson. Motion carried 7-0.
Lease to Telecorp Realty: City Manager recommending that a public hearing be set for April
2, 2001 to consider a lease between the City of Dubuque and Telecorp Realty for the placement
of a telecommunications tower on the Third Street Water Tower, upon motion received and filed.
Michalski moved adoption of Resolution No. 117-01 of the City's intent to dispose of interest in
property described in a lease between the City of Dubuque, Iowa and Telecorp Realty, LLC for the
installation and operation of a wireless telecommunication facility and further set this for Public
Hearing on 4/2/01 at a meeting to commence 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.
There being no further business, upon motion meeting adjourned at 7:29 P.M.
It 3/28
~eanne F. Schneider City Clerk