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5 7 01 AgendaI~¥±SED AGENDA CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, MAY 7, 2001 6:30 P.M. UBRARY AUDITORIUM INVOCATION Pastor Victor St. George, St. Matthew's Lutheran Church SWEARING-IN OF COUNCIL MEMBER JOE ROBBINS AS MAYOR PRO-TEM PROCLAMATIONS Hospital Week (May 6 - 12, 2001 Tourism Week (May 6 - 12, 2001) Historic Preservation Week (May 13 - 19, 2001) Nursing Home Week (May 13 - 19, 2001) Mental Health Month (May) Leave a Legacy Month (May) CONSENT ITEMS (See Pages 6-11) The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. BOARDS/COMMISSIONS Appointments to the following Beards/Commissions: Community Development Advisory Commission (Two Vacancies - Term Expires 2/15/04): Paula Maloy (Census Tract 10) Zoning Board of Adjustment(One Vacancy - Term Expires 3/25/06): Randall J. Klauer e m PUBMC HEARINGS SUSPEND THE RULES Residential Parking Permit District - Senior High School Area Proof of publication on notice of hearing on establishment of Residential Parking Permit District E for portions of streets around Senior High School. ORDINANCE Amending the Code of Ordinances of the City of Dubuque. Iowa by adopting a new Section 32-398 thereto providing for the designation of portions of North Grandview Avenue. Rosedate Avenue, Algona Street, and Avoca Street as a ResidentiaJ Parking Permit District Suggested Disposition: Receive and File; Motion B; Motion A General Obligation Bonds for the America's River Project Proof of publication on notice of hearing and City Manager recommending the sale of not to exceed $12,500,000 General Obligation Bonds for the America's River Project. RESOLUTION Instituting l~roceedings to take additional action for the issuance of not to exceed $12,500,000 General Obligation Bonds Suggested Disposition: Receive and File; Adopt Resolution Flat Iron Park Renovation 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 renovation of Flat Iron Park to Fondell Excavating, Inc., in the amount of $142.921.02. f RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Fondelt Excavating, Inc.. Jn the amount of $142.921.02 Suggested Disposition: Receive and File; Adopt Resolutions Hamilton Street Storm Sewer Reconstruction Proofs of publication on notice of hearing on plans and specifications, and notice to bidoers on the receipt of bids, and City Manager recommending award of the contract for reconstruction of the Hamilton Street Storm Sewer to Drew Cook and Sons Excavating in the amount cf $23,285.73. RESOLUTION Adopting plans and specifications for the prolect RESOLUTION Awarding contract to Drew Cook and Sons Excavating in the amount of $23,285.73 Suggested Disposition: Receive and File; Adopt Resolutions 2 e Wilbricht Lane Storm Sewer Improvements Proofs of publication on not~ce of headng on plans and specifications, and notice to bidders on the receipt of bids. and City Manager recommending award of the contract for the Wilbdcht Lane Storm Sewer Improvements to Connolly Construction, Inc. in the amount of $22,971.29. .~. ~ RESOLUTION Adopting ptans and specifications for the project RESOLUTION Awarding contract to Connolly Construction, Inc. in the amount of $22,971.29 Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS Request for Proposals (RFP) for Preparation of Plans and Specifications for the Opening of Main Street from 5tn Street to 9th Street City Manager recommending approval of the issuance of a Request for Proposals for the Town Clock Plaza. Suggested Disposition: Receive and File; Approve Off-Premise Sign Permit Moratorium City Manager recommending that the existing permit moratorium for off-premise sIgns be rescinded. ORDINANCE Amending Chal3ter 3 (Advertising) of the City of Dubuque Code of Ordinances by amending Section 3-43(f), to establish a ninety (90) day extension of the existing moratorium on the issuance of permits for off-premise signs Suggested Disposition: Receive and File; Motion B; Motion A Audit Services City Manager recommending approval of the appointment of Eide Bailly LLP as the City's auditing firm for the next five years. Suggested Disposition: Receive and File; Approve COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING Flora Pool and Suttan Pool Water Playgrounds City Manager recommending initiation of the bidding process for the construction of the Flora Pool and Sutton P0ol Water Playgrounds and setting a public hearing for June 18, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/18/O 1 Dubuque Girls' Independent Softball League Lease City Manager recommending that a public hearing be set for May 21. 2001 to consider a lease with the Dubuque Girls' Independent Softball League for part of the Riprow Valley property. RESOLUTION Fixing date of hearing on lease agreement Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/21/01 Center Grove Storm Sewer City Manager recommending initiation of the bidding process for the Center Grove Storm Sewer reconstruction project and setting a public hearing for June 4, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 614/01 4 e Jackson Street Storm Sewer Reconstruction City Manager recommending initiation of the bidding process for the Jackson Street Storm Sewer Reconstruction Project and setting a public hearing for June 4, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/4/01 Algona Street Reconstruction Project City Manager recommending initiation of the bidding process for the AIgona Street Reconstruction Project and setting a public hearing for June 4, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/4/01 Fiscal Year 2001 Second Budget Amendment City Manager recommending that a public headng be set for May 21, 2001 to consider the Fiscal Year 2001 Second Budget Amendment. RESOLUITON Directing the City C~erk to publish proposed amendment to the Fiscal Year 2001 Budget and date of public hearing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/21/01 5 Canfield Hotel - Temporary Easement and Intent to Dispose City Manager recommending t~at a public hearing be set for May 21. 2001 to consider a temporary easement on the CanfielcJ Hotel site and the disposition of properly south of the Canfield Hotel to Robert Klauer. RESOLUTION of Intent to dispose of an interest in City-owned Real Property to Robert D. Klauer Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/21/01 CONSENT ITEMS Minutes Submitted City Council Proceedings of 4/16: Civil Service Commission of 4/3 and 4/6; Environmental Stewardshio Advisory Commission of 4/3; Five Flags Commission of 4/16; Human Rights CommIssion of 3/12 and 3/26: investment Oversight Advisory Commission of 4/19: Library Board of Trustees of 3/22; Mechanical Code Board of 4/24; Transit Board of 2/8 Proof of Publication of Council Proceedings for April 2. 2001 Investment Oversight Commission Quarterly Report Third Quarterly Report of the Substance Abuse Services Center: Chamber of Commerce Convention and Visitors Bureau Quarterly Repor~ Suggested Disposition: Receive and File Notice of Claims/Suits Eleanor Avenarius in estimates amount of $1,741 for personal injury; B & W Properties (Vicki Bechen and 'l'im Wood) vs. the City Council of Dubuque: Crompton Corporation vs. City of Dubuque: Dutrac Community Credit Union vs. City of Dubuque Housing Services Department ana City of Dubuque; Peter J. Eisbach in estimated amount of $656.28 for property damage; Hillcres~ Associates vs. City of Dubuque: James E. Judge in estimated amount of $1.777.50 for property damage; Judy K. Kaiser in undetermined amount for personal injury; David Ludovissy in estimated amount of $500 for property damage; McKilup Auto Diagnostics. inc.. in estimated amount of $879 for property damage; Old Republic Insurance Company vs. City of Dubuque and Chartaire, Inc.; Carol J. Paul in estimated amount of $548.32 for vehicle damage; Ronald R. Riniker in estimated amount of $2.764.60 for property damage; Sheita C. Wolbers in estimated amount of $166.56 for properzy 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: Eleanor Avenarius for personal injury; Peter J. Eisbach for property damage; James E. Judge for property damage; Judith Kaiser for personal injury; McKillip Auto Diagnostics, Inc. for property damage: Carol J, Paul for vehicledamage; Ronald R, Riniker for property damage Corporation Counsel recommending denial of the claim of Joseph E. Dolan for property damage. Suggested Disposition: Receive and File; Concur 6 e Se w J w Dubuque County - Request to Vacate Communication from Fred H. McCaw, Dubuque County Attorney, request that a Portion of Eighth Street between Central Avenue and Iowa Street be vacated. Suggested Disposition: Receive and File; Refer to City Manager Cathedral Neighborhood Association Communication from Ken Kringle, President of the Cathedral Neighborhood Association, requesting permission to place historic benches in their neighborhoOd. Suggested Disposition: Receive and File; Refer to City Manager Dubuque Museum of Art Communication from the Dubuque Museum of Art requesting the vacating of parking places on Seventh Street and the addition of new parking spaces on the east side of Bluff Street between Seventh and Eighth Streets. Suggested Disposition: Receive and File; Refer to City Manager Civil Service Commission - Maintenance Worker Civil Service Commission submitting the certified list for the position of Maintenance Worker. Suggested Disposition: Receive and File; Make a Matter of Record Agreement with Four Mounds Foundation for Summer Day Camp Program City Manager recommending approval of a grant agreement with the Four Mounds Foundation to provide the summer day camp program as part of the Uptown Recreation Program. Suggested Disposition: Receive and File; Approve Agreement Agreement with ISU Extension Services for Uptown Recreation Programs City Manager recommending approval of a grant agreement with ISU Extension Services to provide summer programs as part of the Uptown ReCreation Program. Suggested Disposition: Receive and File; Approve Agreement Sister City Program Communication of Council Member John Markham inviting Mrs, Ludmila Mitrofanenko to visit the City of Dubuque as part of the Sister City program and letter from Jeff Bullock, on behalf of the Presidents of the Tri-College Cooperative Effort, extending their official invitation. Suggested Disposition: Receive and File 7 10. 11. 12. 13. 14. Legislative issues Communication of City Manager to area legislators advising of the City's opposition to House File 324 anci House File 582; and urging support for the passage of the state gaming tax bill as passed by the House Ways and Means Committee. Suggested Disposition: Receive and File CEBA - Cottingham and Butler Insurance Service, Inc. Communication from the Iowa Department of Economic Development advising that they have approved the City's Community Economic Betterment Account (CEBA) on behalf of Cottingnam and Butler Insurance Service, Inc. Suggested Disposition: Receive and File Florence, Villa, Mountain Lane - Final Assessment Acceptance City Manager recommending approval of the final schedule of assessments for the Florence, Villa and Mountain Lane sanitary sewer installation project. RESOLUTION Adopting the final assessment schedule for the Florence, Villa, and Mountain Lane sanitary sewer extension including certain information required by the Code of Iowa. specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof SUggested Disposition: Receive and File; Adopt Resolution Bennett Street Storm Sewer Reconstruction Project - Acceptance City Manager recommending acceptance of the Bennett Street Storm Sewer Reconstruction Project in the final contract amount of $39,302.06 RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $39.302.06 Suggested Disposition: Receive and File; Adopt Resolutions Fifth Street Ramp Expansion - Acceptance City Manager recommending acceptance of the Fifth Street Ramp Expansion project in the final contract amount of $2,001,920.53, RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $2,001.920.53 Suggested Disposition: Receive and File; Adopt Resolutions 8 15, 16. 17. 18. 19. 20. HUD Healthy Hemes Initiative Grant Application City Manager recommending authorization to execute an application for a Healthy Homes Initiative Demonstration Grant. RESOLUTION Authorizing the Mayor to execute an application for a Healthy HOmes Initiative Demonstration Grant Suggested Disposition: Receive and File; Adopt Resolution Enterprise Zone Commission City Manager recommending approval of the appointment of members to the Enterprise Zone Commission. Suggested Disposition: Receive and File; Approve Iowa inn - Downtown Rehab Loan Terms City Manager recommending approval of a change in the repayment terms of the City's TIF funded Downtown Rehabilitation Loan previously approved for the Iowa Inn project. RESOLUTION Authorizing a change in the terms of the Downtown Rehabilitation Loan to MetroPlains Development. LLC Suggested Disposition: Receive and File; Adopt Resolution Quarterly Investment Report City Manager submitting the March 31. 2001 Quarterly Investment Report. Suggested Disposition: Receive and File Riprow Valley Restoration Project - Selection of Archeologist City Manager recommending the approval of Mississippi Valley Archeology Center to perform a Phase I archeotogical survey for the Riprew Valley Recreation Area project. Suggested Disposition: Receive and File; Concur Fire Grant Application City Manager recommending approval of a $43,000 grant application to the United States Fire Administration in the Wellness/Fitness Category and authorizing the $13,500 (10 pement) local share. Suggested Disposition: Receive and File; Approve 9 21. 22. 23. 24. 25. Notice of Finding of No Significant Impact and Release of Funds for Community Development Block Grant Programs City Manager recommending approval of publication of a combined notice of no significant impact on the environment and notice of intent to request release of funds for Community Development Block Grant Programs. RESOLUTION Authorizing publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds [or certain Community Development Block Grant projects for Fiscal Year 2002 (Program Year 2001 ) Suggested Disposition: Receive and File; Adopt Resolution Amendment to the Platinum Hospitality Group LLC Facility Management Agreement City Manager recommending approval of an amendment to the Platinum Hospitality, Inc. Facility Management Agreement for the Mississippi River Education and Conference Center. Suggested Disposition: Receive and File; Approve Amendment to the Platinum Hospitality Group LLC Development Agreement City Manager recommending approval of an amendment to the Platinum Hospitality Development Agreemem. Suggested Disposition: Receive and File; Approve Dubuque Jaycees - Transfer of Liquor License Transfer of Class B Beer Permit for Dubuque Jaycees "All that Jazz" Tent A, dated June 15. 2001 from Town Clock Plaza to Iowa Street Ramp n case of rain. Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting issuance of a Class C Beer Permit to Oky Doky #1, Beecher Beverage, McCann=s Service, Inc., 16t' Street Auto/Truck Plaza, Tobacco Outlet Plus #504, and Oky Doky #2; anc~ Class B Beer Permit to Catfish Festival, Dubuque Jaycees Main Event, and Dubuque Jaycees Tent A, B and C for All That J;:~? RESOLUTION Granting issuance of a Class A Liquor License to Dubuque Golf and Country Club; class C Liquor License to Dempsey's & Moity's Pub and Grub. Breaktime Bar and Grill, and Denny's Lux Club: Class BW Liquor License to Athenian Grill and Four Seasons Buffet: and Class WB Wine License to Oky Doky #1 and Beecher Beverage #2 Suggested Disposition: Adopt Resolutions 10 PUBLiCINPUT At this time, anyone in the Councit 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 a~d 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, CLOSED SESSION Property Acquisition (Iowa Code Chapter 21-.5(1)(j) Jeanne F. Schneider 1:00 p.m. May 3, 2001 11