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3 3 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, MARCH 3, 2003 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIB~dRY AUDITORIUM PRESENT: MAYOROUGGAN, COUNCIL MEMBERS BUOL, CLONE, COI~IORS, MARK~MiA, MICI-~LSKI,~CH/OLSON _Z CITY MANAGER MICHAEL VAN MILLIGEN; CORPORATION COUNS~r. 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 such matters which may properly come before the City Council. INVOCATION: Reverend Jerry E. Oakland, Pastor, St. Luke's United Methodist Church PROCLAMATIONS: Welcoming Ms. Darina Baranchikova of Hemmene, Slovakia Welcoming Mr. Watslaw Prazuch of Turnow, Poland Welcoming Mr. Laszlo Szalkai of Vezprem, Hungary CONSENT ITEMS /~ A~ye~-~ Nays line /× ~/Connors Duggan Markham Nicholson Michalski Minutes Submitted City Conference Board of 1/21; City Council of 2/17, 2/20 and 2/24; Five Flags of 1/13; Long Range Planning Advisory Commission of 2/19; Mechanical Board of 2/18; Plumbing Board of 2/26 Proof of publication of City Council Proceedings of 2/3, 2/5 and 2/10 Suggested Disposition: Receive and File Notice of Claims/Suits Eldon D. Denlinger for property damage; John Schreiber for properly damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: EIdon D. Denlinger for property damage; Thomas Weidenbacher for vehicle damage; Raymond Worden, Sr. for personal injury Corporation Counsel recommending settlement of the claim of Joseph Melssen for property damage and that the Finance Director issue payment. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Citizen Communication Communication from Valode Woerdehoff concerning the anti-war resolution that came before the City Council. Suggested Disposition: Receive and File 2 Iowa League of Cities Communication from the Iowa League of Cities advising that Dubuque has been chosen as the site for the 2007 Annual Conference and Exhibit. Suggested Disposition: Receive and File Burlington Northern Railroad Depot Restoration Project City Manager recommending acceptance of the Burlington Northern Railroad Depot Restoration Project - Contract No. 2 (General Demolition) in the final contract amount of $38,000.00 and Contract No. 5 (Steel) in the final contract amount of $87,625.57. RESOLUTION ~ -~ Accepting improvement RESOLUTION ~5 ~:~ Approving final contract amount of $38,000.00 for Contract No. 2 and $87,625.57 for Contract No. 5 Suggested DisposHJon: Receive and File; Adopt Resolutions Grand River Excursion Communication from Congressman Jim Nussle in support of the Grand River Excursion. Suggested Disposition: Receive and File Tax Increment Financing Funding Communication from City Manager Michael C. Van Milligen to area legislators regarding the possible elimination of tax increment financing funding. Suggested Disposition: Receive and File Ayes Nays Buol Cline Connors Duggan Markham Nicholson Michalski 3 Bluff Land Protective Measures Communication from City Manager advising that he will have information regarding Bluff Land Protective Measures at the Mamh 17, 2003 meeting. Suggested Disposition: Receive and File Rip Row Valley - Ball Field Development Project City Manager recommending approval of a new final estimate of $120,052.89 for the Rip Row Valley Ball Field Development Project. RESOLUTION ~ ~'/ -~-~ Rescinding Resolution Number 326-02, setting the final estimate for the Rip Row Valley Ball Field Development Project RESOLUTION ~ /~ Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 10. Rip Row Valley - Utilities Extension Project City Manager recommending approval of a new final estimate of $92,309.24 for the Rip Row Valley Utilities Extension Project. RESOLUTION ~ ' ~ Rescinding Resolution Number 522-02, setting the final estimate for the Rip Row Valley Utilities Extension Project RESOLUTION ~7 --4~' ~ Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Buol Cline Connors Duggan Markham Nicholson Michalski 4 Swimming Pool Concession Agreement City Manager recommending approval of a concession agreement with Baseball Dreamers to operate the concession stands at Flora and Sutton swimming pools. Suggested Disposition: Receive and File; Approve t2. Code of Ordinance Supplement No. 57 City Manager recommending adoption of Supplement No. 57 to the Code of Ordinances of the City of Dubuque. RESOLUTION ~.~ Adopting Supplement No. 57 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 13. Federal Emergency Management Agency Congressman Jim Nussle providing a response from Richard Hainje, Regional Director of the Federal Emergency Management Agency, regarding the City's request for financial assistance to acquire a structure that was substantially damaged during the June 2002 flood event. Suggested Disposition: Receive and File Ayes Nays Buoi Cline Connors Duggen Markham Nicholson Michalski 5 14. Mesaba Aviation, Inc. Notice of Termination A notice from Mesaba Aviation, Inc. advising of their intent to terminate service at Dubuque, Iowa effective May 13, 2003. Suggested Disposition: Receive and File 15. Save America's Treasures Grant Application City Manager recommending approval of the submission of a grant application for $250,000 from the Save America's Treasures program for restoration and interpretation of the Dubuque Shot Tower. RESOLUTION ~ ~-~_~ Authorizing submittal of a grant application for the Dubuque Shot Tower Suggested Disposition: Receive and File; Adopt Resolution 16. Monitoring Well Installation - RMT, Inc. City Manager recommending approval of a request from RMT, Inc. to install temporary monitoring wells within City right-of-way at the area surrounding the former Amoco facility of 351 Dodge Street. RESOLUTION ~ ~2_~ Authorizing license agreement between the City of Dubuque and RMT, Inc. to install monitoring wells on public right-of-way at the former Amoco site of 351 Dodge Street Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Buol Cline Connors Duggan Markham Nicholson Michalski 6 17. Iowa Department of Economic Development Communication from the Iowa Department of Economic Development advising that the review of the first phase of the City's HOME Partnership Program has been completed and has been found to be in substantial compliance with financial and program requirements. Suggested Disposition: Receive and File t8. Historic Preservation Commission Suzanne M. Guinn submitting her resignation as the Jackson Park Representative on the Historic Preservation Commission. Suggested Disposition: Receive and File 19. Chamber Foundation Request Communication from City Manager to the Dubuque Racing Association Grant Committee in support of the Chamber Foundation grant request to update technology in the Chamber of Commerce Boardroom. Suggested Disposition: Receive and File 20. George W. Rogers Company Shot Tower Communication from the State Historical Society of Iowa advising that the George W. Rogers Company Shot Tower, located at Commercial Street and River Front, has been accepted for nomination to the National Register of Historic Places by the State Nomination Review Committee. Suggested Disposition: Receive and File Ayes Nays Buol Cline Connors Duggan Markham Nichoison Michaiski 21. Senate File 129 Communication from the City Manager to the area legislators in support of the creation of a commission to review and recommend changes to the State's tax system. Suggested Disposition: Receive and File 22. Business Licenses RESOLUTION ~,,,~ ~'~-~ Granting the issuance of a Class "B~ Beer Permit (6 Months) to Baseball Dreamers and a Class 'C~ Beer Permit to Econo Foods #~71 RESOLUTION ~'~3 Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Days Inn; Class "C' Beer/Liquor License to Eagles Club #568, P.J.'s Tap, Dubuque Greyhound Park and Casino, Yardarm Restaurant and Bar, and Rafters; and a Class "B~ Wine Permit to Econo Foods #471 Suggested Disposition: Adopt Resolutions Ayes Nays ~ Buol Cline ./~ Connors ~ ~-~Duggan ~ /~YMarkham ///[~Nicholson ~ ~ Michalski 8 ITEMS TO BE SET FOR PUBLIC HEARING Vacating Request - Alley Between Bryant and Ramona Streets - March 17, 2003 Medicom Franchise Extension - March 17, 2003 v Cline Connors . ..~ Duggan · / a.,ham c~. RMilcholson .. Michalski Vacating Request - Alley Between Bryant and Ramona Streets City Manager recommending that a public hearing be set for March 17, 2003 to consider a request from the Dubuque Community School District to vacate the alley between Bryant and Ramona Streets from Mt. Loretta Avenue 148 feet south. RESOLUTION ~.~ Approving plat of vacated alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet south ORDINANCE ~/'~ ' ~3 Vacating the alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet south RESOLUTION ~.~'~?-~ of Intent to dispose of City interest in Lot lA and Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 3117103 Mediacom Franchise Extension City Manager recommending that a public hearing be set for March 17, 2003 to consider an additional short-term extension through June 30, 2003 of the existing Mediacom cable franchise and side agreements under the terms currently in effect. RESOLUTION ~,_~'~:~2~ of Intent to grant a short-term extension of an existing cable services franchise and an existing hub site lease to MCClowa L.L.C. Suggested Disposition: Receive and File; Adopt Resolution; Pubic Hearing 3117~03 9 Ayes Nays Buol Cline Connors Duggan Markham Nicholson Michalski 10 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (One unexpired three-year term representing the Old Main Distdct through 7/1/05 and one unexpired three-year term representing the Jackson Park District through 7/1/04): ~/ Applicant: Mary Loney Bicheil (Jackson Park District)~0T~ Housing Commission (One Uney4aired thre~e-yCar term through 8/17/04): Applicant: Joseph Suarez - ~;Y~~,/ Zoning B,o. ard of Adjustment~(One flve-year~te,~Tn through 3/25/08 - term of Urell): Applicant. JimUrell - ~.~¢'~~ Appointments to the following Boards/Commissions: Community Development Advisory Commission (Three unexpired three-year terms representing Census Tracts 2, $ and 5; one three-year term through 2/15106 representing Census Tract I -term of Isenhart): Applicant: Chuck Isenhart Nays Buol Cline Connors Duggan arkham ~Nicholson ~_~'~Michalski 11 U.S. 20 Bridge Request of David Wm. Rusk to address the Council regarding the design for the new U.S. 20 Bridge. Communication from the Long Range Planning Advisory Commission regarding the Julien Dubuque Bridge design. Communication from the Historic Preservation Commission regarding the Julien Dubuque Bridge design. Communication from John Hess, Chairperson of the Dubuque County Historic Preservation Commission regarding the design of the proposed bridge across the Mississippi River. Suggested Disposition: Receive and File; Council ~ t ~) ~/Ayes BuolNays  Cline Connors ~ Duggan ~, 7~'j~Michalski m NPDES Permit Application City Manager recommending approval of the submission of the City of Dubuque's NPDES Phase II municipal separate storm sewer system (MS4) application to the Iowa Department of Natural Resources. Communication from the Environmental Stewardship Advisory Commission thanking City staff and the City Council for the opportunity to be involved and to offer input regarding the NPDES permit application. Suggested Disposition: Receive and File; Approve ~/.A~ yes Nays Buol Cline (/'~Nicholson ~ Michalski 13 = Community Development Block Grant Economic Development Loan to Heartland Financial USA, Inc. City Manager recommending approval of a Community Development B~ock Grant (CDBG) Economic Development Loan to Heartland Financial USA, Inc. to assist in the renovation and expansion of the former Walsh Store building. RESOLUTION ~;~ ~. ~ Authorizing a commitment letter and the execution of a Community Development Block Grant loan of Five Hundred Thousand Dollars ($500,000) to Heartland Financial USA, Inc. Suggested Disposition: Receive and File; Adopt Resolution Nays Buol /'-~,~ Cline Connors Duggan Markham ~/~icholson ~iichalski COUNCIL MEMBER REPORTS PUBLICINPUT 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 /?~ yes Nays Buol Cline ~// (~ Connors Duggan /~ × Markham · /'~icholson /~ ~ L'~Michalski 14