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03 06 00 Skeleton SheetCITY COUNCIL REGULAR SESSION, March 6, 2000 COUNCIL MET AT 6:30 P.M. IN THE PUBLIC LIBRARY AUDITORIUM PRESENT - MAYOR DUGGAN, COUNCIL MEMBERS BUOL, MARKHAM, MICHALSKI. NICHOLSON, ROBBINS, CLINE 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 to act upon such business which may properly come before the Council. INVOCATION --Pastor Woody Allabough of the Third Presbyterian Church PROCLAMATIONS "Mental Retardation Awareness Month" Accepted By: "Toastmasters Month" Accepted By: Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins First order of business will be the consent agenda Hold out items CONSENT ITEMS Ayes Buol Cline Duggan Markham Michalski Nicholson Robbins Nays MINUTES SUBMITTED Citizens with Disabilities Parking Review Committee of January 26; Civil Service Commission of February 16; Cable TV Regulatory Commission of 2/9; Five Flags Commission of 12/20/99; Historic Preservation Commission of 2/3; Housing Code Appeals Board of 11/16/99; Housing Commission of 2/8; Human Rights Commission of 111 0; Library Board of Trustees of 12/15/99. Proof of Publication for City Council Meeting of February 7, 2000. NOTICES OF CLAIMS/SUITS Virginia Becker in estimated amount of $155.08 for personal injuries; D. Ron McClain in estimated amount of $609.27 for vehicle damage; Theresa A. Pierce in estimated amount of $1,000 for personal injuries; Dan Kruse Pontiac in the estimated amount of $1,500 for damages in connection with the allegedly improper towing of and damages to an abandoned car on which Kruse was the lienholder; River City Paving Division of Mathy Construction Company in the amount of $8,831.41 for labor and materials provided on City project. Corporation Counsel recommending settlement of property damage claim of Robert E. Anderson in the amount of $207, and Finance Director to issue check. Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 2 3. Communication of Nathan R. and Nicole D. Baker presenting petition to raise the speed limit on Pennsylvania Avenue from John F. Kennedy Road to University Avenue from 25 miles per hour to 35 miles per hour and to change the lane markings. Communication of Building Services Manager Rich Russell advising of resignation of Tim Pancratz from the Building Code Board of Appeals. Ayes Buol Cline Duggan Markham Michalski Nicholson Robbins Nays 3 5. 6, 7. Communication of Dubuque Main Street, Ltd., requesting an official evaluation and re-visitation of the 1994 reinvestment Strategy and the 1996 Place Marketing Strategy for the Historic Old Main District. Communication of Joe Link, Dubuque Community School District, thanking the City for support of the Prescott School playground equipment and improvements project. Communication of Jim Stock, Jim Stock Construction Co., regarding Oak Meadows II (Deerwood Circle) improvements. Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 4 8.City Manager recommending adoption of two resolutions relating to the recent closing on land for the Eagle Window and Door Company project. RESOLUTION 68-00 Accepting the deed to certain real estate in Dubuque ri County, Iowa from John p, Mihalakis and Richard L. Billmeyer. RESOLUTION 69-00 Ratifying the execution and delivery of a deed to certain real property in Dubuque County, Iowa to Otto A. LLC. City Manager recommending approval of an Assumption Agreement for property located at 101-123 Main Street. RESOLUTION 70-00 Approving an Assumption Agreement for property located at 101-123 Main Street, 10. City Manager recommending approval of a lease amendment with Flynn Ready- Mix Co., which extends their occupancy to September, 2001. Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 5 11.City Manager recommending acceptance of Bunker Hill Golf Course Wastewater Pump Station and Force Main project. RESOLUTION 71-00 RESOLUTION 72-00 Accepting Improvement for project, Approving final estimate in amount of $39,534.94. 12. Civil Service Commission certifying list for the position of Engineering Assistant 13 City Manager recommending acceptance of the Greyhound Park HV AC Equipment Project, RESOLUTION 73-00 Accepting Improvement for project. RESOLUTION 74-00 Approving final estimate in amount of $148,248, Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 6 14. 15. 16. City Manager recommending acceptance of the 17th Street Curb Ramp Installation Project, RESOLUTION 75-00 Accepting Improvement for project, RESOLUTION 76-00 Approving final estimate in amount of $37,485.65. City Manager recommending approval of a grant application in the amount of $100,000 to the Iowa Department of Natural Resources for the Riprow Valley Project. City Manager recommending a funding agreement with the Iowa Department of Transportation for sidewalk repairs on the U,S, 20 Overpass, RESOLUTION 77-00 Approving Project Agreement with the Iowa riì Department of Transportation relating to repairs to the newly-constructed sidewalk at the approaches to the Grandview Avenue and Fremont Avenue bridges at U,S. 20. Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 7 17. 18, 19, 20. Copy of letter to State Legislators supporting the proposed change to the contribution rate for the Municipal Fire and Police Retirement System of Iowa, Copy of letter to State Legislators stating the City does not support new mandates regarding taxing authority for cities, Communication from Dan LoBianco, Dubuque Main Street, Ltd., regarding revised direction for Main Street development, Communication from J. Steven Horman, Dubuque Area Chamber of Commerce, concerning the future of Town Clock Plaza. Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 8 21. 22, 23. 24, City Manager recommending execution of a contract with the Iowa Department of Economic Development for a Local Housing Assistance Program Award for the Maria House project, Communication from the Iowa Department of Transportation advising of their intent to let an Asphaltic Cement Crack Sealing project on March 21, 2000 for portions of U,S, 61. Communication from the Department of the Navy announcing that the "River of Dreams" Partnering Conference will be held June 15-17, 2000 in St, Louis, Missouri. Business Licenses RESOLUTION 78-00 Granting issuance of Class "B" Beer Permit to Kid's World Pizza Place and 8th Inning; and Class "C" Beer Permit to KC's Downtown Auto Center, RESOLUTION 79-00 Granting issuance of Class "C" Beer/Liquor License to Finney's Bar & Grill, Dubuque Greyhound Park/Casino, Neighbor's Tap, and the Yardarm, Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 9 1- PUBLIC HEARINGS Proof of Publication on Notice of Public Hearing to amend the ID Institutional District for Loras College, ORDINANCE 18-00 Amending the Zoning Ordinance of the City of Dubuque Code of Ordinances by Providing for the Amendment of Ordinance #2-90 and Approving an Amended Campus Development Plan for the Loras College ID Institutional District. (1st and 2nd readings given on 2/21/00), Michalski Nicholson Robbins Proof of Publication on Notice of Public Hearing to consider disposing of the City's interest in Lot C of Medical Associates Subdivision and Lot C of Medical Associates Subdivision No, 2, "0 2. City Manager recommending to proceed with vacation and sale of property, RESOLUTION 80-00 Approving sale of Lot C of Medical Associates Subdivision and Lot C of Medical Associates Subdivision No, 2 to Medical Associates Realty LP upon payment of $300 plus cost of publication, platting and filing fees, Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 10 3, Proof of Publication on Notice of Public Hearing to consider disposing of the City's interest in Lot 22 of Glenview Addition in the City of Dubuque, City Manager recommending to proceed with sale of property. RESOLUTION 81-00 Approving sale of Lot 22 of Glenview Addition to John C, and Margaret A. Hendry upon payment of $483 plus cost of publication, platting, and filing fees. 4, 10 Aye Buol Cline Duggan Markham Michalski Nicholson Robbins Nays Proofs of Publication on Notice of Public Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Construction of the Cox Street Storm Sewer Rehabilitation Project and City Manager recommending to award contract for project, RESOLUTION 82-00 Adopting Plans and Specs for project. RESOLUTION 83-00 Awarding Contract for project to Insituform Technologies, Inc., in the amount of $32,956, Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 11 5. Proofs of Publication on Notice of Public Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Expansion of the Fifth Street Parking Ramp and recommending to award contract for project, RESOLUTION 84-00 Adopting Plans and Specs for project. RESOLUTION 85-00 Awarding Contract for project to Conlon Construction Co. in the amount of $1,987,042. 6, Aye Buol Cline Duggan Markham Michalski NichOlson Robbins Nays Proof of Publication on Notice of Public Hearing to consider two agreements to enable sharing of City-owned communication conduit, Ayes Buol Cline Duggan Markham Michalski Nicholson Robbins Nays REINSTATE THE RULE - LIMITING DISCUSSION TO COUNCIL Time: Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 12 1. ACTION ITEMS ORDINANCE 19-00 Amending Section 4-46(a) of the City of Dubuque Code of Ordinances pr,oviding for the membership of the Airport Commission Appointment of City Council Member John Markham to the Airport Commission. Aye Buol Cline Duggan Markham Michalski Nicholson Robbins Nays 13 2. City Manager recommending that parking be removed on the south side of Overview Court to the cul-de-sac, ORDINANCE 20-00 Amending the Code of Ordinances prohibiting parking on designated streets or portions thereof adding Overview Court, Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 3, City Manager recommending approval of a request from Farmland Foods to close out the job creation portion of the CEBA and CDBG loans with FDL Foods, Inc, Ayes Buol Cline Duggan Markham Michalski Nicholson Robbins Nays 14 4. City Manager recommending approval for a grant application for an additional traffic specialist for the Police Department. Ayes Buol Cline Duggan Markham Michalski Nicholson Robbins COUNCIL MEMBER REPORTS Nays 15 1. ITEMS TO BE SET FOR PUBLIC HEARINGS City Manager submitting documents providing for construction of the Skateboard Park Concrete Slab, RESOLUTION 86-00 Preliminary approval of plans and specs for project in estimated amount of $35,000, 2. RESOLUTION 87-00 for April 3, 2000. RESOLUTION 88-00 advertise, Fixing Date of Hearing on plans and specs Ordering Bids and directing Clerk to Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins City Manager submitting documents providing for improvements at the intersection of Fengler Street and Kerper Boulevard. RESOLUTION 89-00 Preliminary approval of plans and specs for project in estimated amount of $264,092,09. RESOLUTION 90-00 for April 17, 2000. Fixing Date of Hearing on plans and specs RESOLUTION advertise, Ordering Bids and directing Clerk to Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins 16 City Manager submitting documents providing for asbestos removal and demolition of the Dolan Building, RESOLUTION 92-00 Ordering bids and fixing date of hearing on ¡ikP'f plans and specifications for asbestos remové\1 from the Dolan Building (330-336 Main Street) 3, RESOLUTION 93-00 Ordering bids and fixing date of hearing on plans and specifications for demolition and site clearance of the Dolan 4. Ayes Nays Buol Cline Duggan Markham Michalski Nicholson Robbins City Manager recommending that a public hearing be set for March 20, 2000, to consider a request to vacate a portion of Front Street. RESOLUTION 94-00 Street, Approving plat of proposed vacated Front ORDINANCE 21-00 Vacating a portion of Front Street. RESOLUTION 95-00 interest. Advising of intent to dispose of City RESOLUTION 96-00 Accepting conveyance of property on Volunteer Drive to the City of Dubuque, Ayes Buol Cline Duggan Markham Michalski Nicholson Robbins Nays 17 5, 6, City Manager recommending acceptance of the Southfork Interceptor Sewer - Phase I project and that a public hearing be set for April 3, 2000, to establish connection fees for the sanitary sewer. RESOLUTION 97-00 Providing for notice of the date, time and place of a public hearing on an ordinance establishing the Southfork Sanitary Sewer Interceptor District - Phase I and a schedule of connection fees, ORDINANCE 22-00 Establishing the Southfork Sanitary Sewer Interceptor IS - ase I and a schedule of fees for the connection of property to City sewer, Buol Cline Duggan Markham Michalski Nicholson Robbins Nays City Manager recommending approval of a Reimbursement Agreement with NICC and that a public hearing be scheduled for March 20, 2000 to consider an easement agreement and advising of the City's intent to dispose of property. Communication of Kathryn Guilgot, Region I Telecommunications Council, expressing support for the proposed agreement. RESOLUTION 98-00 Advising of the City's intent to dispose of its interest in property by easement agreement between the City of Dubuque, Iowa, and AT&T Cable Services, Inc., for the installation and operation of an optical fiber communication cable within specific sections of City-owned conduit. Ay~ Buol Cline Duggan Markham Michalski Nicholson Robbins Nays 18 Adjourn: 1, Ayes Buol Cline Duggan Markham Michalski Nicholson Robbins 19 Nays