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3 19 01 Skeleton SheetCITY COUNCIL SPECIAL SESSION, MARCH 19, 2001 COUNCIL MET IN SPECIAL SESSION AT 5:~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 ABSENT: 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 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, MICHAITSKI, NICHO,,ESON, RoBBINS CITY MANAGER MICHAEL VAN MILLIGEN, CORPORATION COUNSEL BARRY LINDAHL ABSENT: 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: Sr. Marilyn Schlosser, OP, Chaplain, Mercy Medical Center 2 CONSENT ITEMS Ayes Nays / /~ Nicholson / //~ Robbins / ~.~) Buol / Cline / Duggan / Markham / Michalski 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 Proof of publication of Council Proceedings for 2/15, 2/19, and 2/21 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. Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 3 Notice of Claims/Suits Associates Home Equity Services, Inc., Armella Meyer in undetermined amount for property damage; Kathleen McMulten 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 Suggested Disposition: Receive and File; Refer to Legal Department 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. Corporation Counsel recommending denial of the claims of Bill Meyer for vehicle damage and Robert Michels for vehicle damage. 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. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Check Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 4 Citizen Communication Communication of Mr. and Mrs. Peter J. Eisbach regarding repair of the Hodgden Street Steps. Suggested Disposition: Receive and File Iowa League of Cities Communication from the Iowa League of Cities advising that Sioux city was chosen to host the 2004 League meeting. Suggested Disposition: Receive and File Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 5 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 9179,767.53 and approving the preliminary final schedule of assessments. RESOLUTION RESOLUTION RESOLUTION Accepting improvement for project Approving final contract amount of 9179,767.53 Approving preliminary final schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski = 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. RESOLUTION RESOLUTION Accepting improvement for project Approving final contract amount of 963,307.91 Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 6 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. Suggested Disposition: Receive and File Dakota, Minnesota and Eastern Railroad Communication of City Manager to Victoria Rutson, Environmental Project Manager, regarding the Dakota, Minnesota and Eastern Railroad. Suggested Disposition: Receive and File ~ / ~)~' 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 Suggested Disposition: Rece~i~ and File; Concur Ayes ~ Nays / (~/~l~icholson // ('~'Robbins / Buol ./ Cline / Duggan /, Markham / (~ Michalski 7 10. Fiscal Year 2001 Annual Action Plan - Amendment #4 City Manager recommending approval of Amendment #4 to the Community Development Block Grant (CDBG) Fiscal Year 2001 Annual Action Plan to provide for additional improvements to Flat Iron Park. I~OLUTION ~;;~-g:2 / Approving Amendment #4 to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 11. 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. Suggested Disposition: Receive and File; Approve 12. 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. Suggested Disposition: Receive and File 8 13. Business Licenses ~ RESOLUTION ~ / Granting issuance of a Class "B" Beer Permit to 8th Inning and a Class "C" Beer Permit to Arby's Q Mart RESOLUTION /O~-~::2/ Granting issuance of a Class "C" Beer/Liquor License to P.J. Tap, Dubuque Greyhound Park/Casino, The Busted Lift, Eagles Club #568, Kat's Pub, and Knights of Columbus Council #510 Suggested Disposition: Adopt Resolutions Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 9 BOARDS/COMMISSIONS Interviews for the following Boards/Commissions: Civil Service Commission (One Vacancy): Applicant: Merle J. Duehr, ~Jr.~ ~j Mechanical Code Board (Two Vacancies): Applicants: David W. Grothe, Tom W. Giese 10 PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays ~/ Nicholson Robbins / suo / Cline // .~Duggan [~.,] Markham / ~) Michalski 2728 Asbury Road - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 2725 Asbury Road from R-1 Single-Family Residential District to OC Office Commercial District. ORDINANCE /7-~/ Amending Appendix A (the Zoning Ordinance) of the City of Dubu~l~ee ~ ~f Ordinances by reclassifying hereinafter described property located at 2728 Asbury Road from R-1 Single-Family Residential District to OC Office Commercial District. Suggested Disposition: Receive and File; Motion B; Motion A / Ayes Nays /,r~ Nicholson ~/~J Robbins .uo / Cline / Duggan ~ Markham / Michalski 11 Residential Parking Permit District (Tabled at December 4, 2000 Meeting) 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. Suggested Disposition: Receive and File; Council Direction; Public Hearing 5/7/01 Aye~s~ Nays ~ ~) Nicholson Robbins Buol Cline Duggan /~ye~s~ Nays ~Nicholson ,/ Robbins / Buol .// ClJne j Duggan // Markham / 0Michalski 12 Leasing of Golf Carts 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. Suggested Disposition: Receive and File; Approve Agreement Nays {?;.~ Nicholson ~' Robbins Buol Cline Duggan Markham Michalski 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.~F~. ~ RESOLUTION ,/~'~/Adopting plans and specifications for the project RESOLUTION /~/ Awarding contract to McDermott Excavating in the amount of ~369,864.~)'~ Suggested Disposition: Receive and File; Adopt Resolutions Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 13 REINSTATE THE RULE LIMITING DISCUSSOIN TO COUNCIL Ayes Nays J~ Nicholson J ~_obbins ~/?~°~ ~ Cline Duggan Markham Michalski 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 22nd Street; Grandview Milkhouse, 620 South Grandview; and Dubuque Inn, 3434 Dodge Street. Suggested Disposition: Receive and File; Approve Assessments y e~,~ Nays [~/) Nicholson ~'/Robbins Duggan Markham Michalski 15 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. Suggested Disposition: Receive and File; Approve ~Ay(~e~ Nays Nicholson / v Robbins Buol Cline Duggan Michalski Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 16 Amendments to the Historic Preservation Ordinance (Final Reading) ORDINANCE Jo~- ~2 ~/ Amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque Suggested Disposition: Reeeiv~File; Motion A (Final Reading) Ayes Nays ~ Nicholson Robbins Cline ~/ Duggan Markham Michalski 17 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). RSOLUTION /~2~'~/ Establishing Fair Market Value for the acquisition~ certain real property owned by The Aspermont Company Suggested Disposition: Receive and File; Adopt'Resolution ~/~,/~ Ayes Nays v/ - Nicholson ' ) ~/ ~Robbins .~.) Suol Cline /~,~'/ /// Duggan- Markham // Michalski 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. Suggested Disposition: Receive and File; Approve Nays /~q~ Nicholson Robbins Suol Cline Duggan Markham Michalski 18 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. RESOLUTION j¢2~ ~/~ Authorizing a letter of commitment and additional actions concerning a downtown rehabilitation loan to the Cooper Development Company, LLC Suggested Disposition: Receive and File; Adopt Resolution Ayes ^ Nays /' icho?on Duggan Markham Michalski 19 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. RESOLUTION /~2~"~ ~ / Authorizing a letter of commitment and additional actions concerning a downtown rehabilitation loan to Town Clock Building Company Suggested Disposition: Receive and File; Adopt Resolution Aye~-~ Nays ~JNicholson / Robbins / Buo Cline Duggan Markham ~ Michalski 20 Cottingham and Buffer 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. RESOLUTION /:~4~/ Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Cottingham & Butler Insurance Service, Inc. Suggested Disposition: Receive and File; Adopt Resolution Nays Nicholson ) Robbins Buol Cline Duggan Markham Michalski COUNCIL MEMBER REPORTS 21 ITEMS TO BE SET FOR PUBLIC HEARING Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 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. RESOLUTION /'~:~-~// Preliminary approval of plans and specifications RESOLUTION RESOLUTION project Fixing date of hearing on plans and specifications Preliminary approval of Resolution of Necessity for RESOLUTION //O~ ~/ Setting date of hearing on Resolution of Necessity RESOLUTION RESOLUTION RESOLUTION Approving preliminary schedule of assessments Ordering bids Authorizing eminent domain proceedings to be initiated to acquire sanitary sewer easements for construction of the Mt. Carmel Sanitary Sewer Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/16/01 / / Ayes,., Nays ~/ *~/ /~Nicholson c~ Robbins Buol CIine Duggan Markham / ~ Michalski 22 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 RESOLUTION /~.7_~,/ Preliminary approval of plans and specifications RESOLUTION //~- ~/ Fixing date of hearing on plans and specifications RESOLUTION//~'J~:~7 Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/16/O 1 Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski = 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. RESOLUTION //~- ~--~J 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/2/01 Ayes Nays Nicholson Robbins Buol Cline Duggan Markham Michalski 23 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 at Nays Nicholson J/~ Robbins //~ Cline // f Duggan 24