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05 21 01 AgendaCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, MAY 21, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION 6UOL CLINE DUGGAN MARKHAM MICHALsKi NICHOLSON ROBRINS ORDER OF ROLL CALL FOR MEETING OF 5/21/0' Pastor Jamie Cutler, Rockdale and Center Grove United Methodist Church CONSENT ITEMS (See Pages 7-14) The consent agenda items are considered to be routine and non-controversial and all consent items wilt 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. PUBLIC HEARINGS SUSPEND THE RULES Residential Parking Permit District - Amy Circle Proof of publication on notice of hearing on establishment of Residential Parking Permit District on Amy Court from Marjorie Circle to the northerly end and CiW Manager recommending approval. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (a) of Section 32-397 thereof providing for the designation of Amy Court from Marjorie Circle to the northerly end as a Residential Parking Permit District Suggested Disposition: Receive and File; Motion B; Motion A Amy Court RPPD Amy CozJr~ - Staff Amy Court - Amy Court Hap Amy Court Memo Ordinance Petition 1145 Locust Street - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 1145 Locust Street from OR Office Residential District to OC Office Commercial District, ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1145 Locust Street from OR Office High Density Multi-Family Residential to OC Office Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Z. AC Letter 1145 Locust - 1145 Locust - 1145 Locust - 3.145 Locust - Staff Report Ordinance Application Map 4100 Asbury Road - Request to Rezone Proof of publication on notice of hearing to consider rezoning property located at 4100 Asbury Road from AG Agricultural District, R-3 Multi-Family Residential District and C-2 Neighborhood Commercial District to R-2 Two-Family Residential District, R-3 Multi-Family Residential District and C-2 Neighborhood Commercial District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4100 Asbury Road from C-2 Neighborhood Shopping Center District to R-2 Two-Family Residential District, from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center District and from AG Agricultural District to R-3 Moderate Density Multi-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 4100 Asbury - 4100 Asbury - 4100 A.sbury - 4100 Asbury - 4100 Asbury - ZAC Letq~r Staff Report Ordinance Application Exhibit A 2 Dubuque Girls' Independent Softball League Proof of publication on notice of hearing to consider entering into a Lease Agreement with the Dubuque Girls' Independent Softball League for 11.6 acres of the Rip Row Valley Property and City Manager recommending approval. RESOLUTION Approving lease of Rip Row Valley to the Dubuque Girls' Independent Softball League Suggested Disposition: Receive and File; Adopt Resolution Lease - NVM Lease - Staff Lease - Lease Agreement Lease Exhibit Memo Memo Resolution Canfield Hotel - Temporary Easement and Intent to Dispose Proof of publication on notice of hearing to consider disposing of real property to Robert D. Klauer and City Manager recommending approval. RESOLUTION Disposing of interest in real property to Robert D. Klauer Suggested Disposition: Receive and File; Adopt Resolution Canfield - MVM Klauer - Staff K]auer - K]auer Easement K]auer - Exhibits Memo Memo Resolution Fiscal Year 2001 Second Budget Amendment Proof of publication on notice of hearing to consider the Fiscal Year 2001 Second Budget Amendment and City Manager recommending approval. RESOLUTION Amending the current budget for the fiscal year ending June 30, 2001 (as amended last on October 16, 2000) Suggested Disposition: Receive and File; Adopt Resolution Amendment - Amendment - HVM Memo Resolution 2001 Curb Ramp Installation - CDBG 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 2001 Curb Ramp Installation Project to Perry Construction in the amount of 931,026. 3 RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Perry Construction in the amount of $31,026 Suggested Disposition: Receive and File; Adopt Resolutions Curb Ramp - 2001 Curb Ramp Curb Ramp - Curb Ramp - Curb Ramp - MVM Memo - Staff Memo Resolution #1 Resolution #2 Maps REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS Affordable Housing Tax Credit Program Applications from Star Development and Community Housing Initative City Manager requesting policy direction on providing financial assistance to new construction affordable housing projects. Star Development, LLC requesting that the City support their Affordable Housing Tax Credit Program Application to the Iowa Finance Authority with a local contributing effort of approximately $42,000. Community Housing Initiative requesting that the City support their Affordable Housing Tax Credit Program Application to the Iowa Finance Authority with a local contributing effort of $26,000. Resolutions are provided if City Council wishes to consider them. RESOLUTION of Support for Council consideration for the development of an affordable housing project to be known as Raven Oaks Senior Apartments (Star Development) RESOLUTION of Local contributing effort for the development of an affordable housing project to be known as Raven Oaks Senior Apartments (Star Development) RESOLUTION of Support for Council consideration for the development of an affordable housing project to be known as River Oaks Apartments (Community Housing Initiatives) RESOLUTION of Local contributing effort for the development of an affordable housing project to be known as Raven Oaks Senior Apartments (Community Housing Initiatives) 4 = Suggested Disposition: Receive and File; Adopt Resolutions Affordable Hsg * Raven Oaks - Raven Oaks - Raven Oaks - Star Developmen~ Star Der - ~ Hemo Staff Memo Resolution Resolution #2 Lb' Examples River Oaks - S~aff River Oaks - River Oaks - CHI Letter Merno Resolution Raso~ution #2 Starlight Drive and Lake Ridge Drive - Site Plan Zoning Advisory Commission advising of their approval of the site plan for a new medical office building on the southeast corner of Starlight Drive and Lake Ridge Drive in Hansel's Planned Commercial District. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances providing for the amendment of Ordinance #8-96, which adopted regulations for hereinafter described property located at 39§ Cedar Cross Road, located in a PUD Planned Unit Development District with a PC Planned Commercial Designation Suggested Disposition: Receive and File; Motion B; Motion A Site P~an - ZAC Site Plan - Staff Site Plan - Letter Memo Drawings Correction to Ordinance Rescinding Off-Premise Sign Moratorium City Manager recommending adoption of a revised ordinance rescinding the permit moratorium. This is due to a typographical error in the ordinance adopted by Council on May 7, 2001. ORDINANCE Amending Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances by amending Section 3-43(f), to rescind the existing moratorium on the issuance of permits for off-premise signs Suggested Disposition: Receive and File; Motion B; Motion A Signs - NVM Signs - Staff Signs - Ordinance Memo Memo Senior High School Residential Parking Permit District - Repeal Two-Hour Parking Zone City Manager recommending that the two-hour parking zone within the Senior High School Residential Parking Permit District be repealed. 5 Sm ORDINANCE Amending Section 32-362(c) of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking by deleting certain portions of Grandview Avenue and Rosedale Street Suggested Disposition: Receive and File; Motion B; Motion A Senior RPPD - Senior Parldng - Senior Parking - Senior - V[dnib/ HVN Memo Staff Nero0 Ordinance Map Construction Ordinance - Bluff Street Benches City Manager recommending approval of the placement of benches in the public right-of-way at the request of the Bluff Street Neighborhood Association. ORDINANCE Authorizing the Bluff Street Neighborhood Association to place benches in the public right-of-way along Bluff Street and Fourth Street Suggested Disposition: Receive and File; Motion B; Motion A BIL~ StreeL - Bluff Sb-eet - · Bluff Street - HVH Hemo Staff Hemo Ordinance Municipal Parking Lot #1 City Manager recommending that Municipal Parking Lot #1, located at Ninth and Iowa, be converted from an all-metered lot to a metered and reserved parking lot. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 32-314 Establishing Meters - Time and Fee Schedule for Municipal Lots by adding a new Paragraph 7 Establishing the Meter Time and Fee Schedule for Municipal Lot #1 Suggested Disposition: Receive and File; Motion B; Motion A Lot ). - MVH Lot 1 ~ Staff Lot 1 - Ordinance Lot #1 - Letter Hemo Memo COUNCIL MEMBER REPORTS 6 ITEMS TO BE SET FOR PUBLIC HEARING Traffic Signal Efficiency Program City Manager recommending initiation of the bidding process for the Traffic Signal Efficiency Program and that a public hearing be set 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 6/18/01 Signals - MVM Signals - S~ff Signals Memo Memo Resolu'dons CONSENT ITEMS Minutes Submitted Airport Commission of 4/23; City Council Proceedings of 5/7; Civil Service Commission of 4/24; Environmental Stewardship Advisory Commission of 5/1; Historic Preservation Commission of 5/2; Housing Code Appeals Board of 5/15; Park and Recreation Commission of 4/10; Zoning Advisory Commission of 5/2; Zoning Board of Adjustment of 4/26 Proof of publication of List of Claims and Summary of Revenues for months ending February 28 and March 31, 2001; Proof of publication of Council Proceedings of April 16, 2001 Finance Director submitting the financial reports for the month ending April 30, 2001 Suggested Disposition: Receive and File Nrport Coundl Ovil Service ESAC Minutes HPC Minutes Hsg Code Appeal Bd Park and Rec Zoning Q3mm Zoning Bd of Adj 7 Notice of Claims/Suits Fieldon Atchison in undetermined amount for property damage; Jonathan Denham in estimated amount of $79.50 for vehicle towing; Dale A. Hirsch in estimated amount of $175.00 for vehicle damage; Kathy Kahle in undetermined amount for property damage; Amber Kallenberger in undetermined amount for personal injury; Jerry Maro in undetermined amount for personal injury; Donald or Linda Root in estimated amount of $532 for property damage; Chris Saylor in estimated amount of $161.67 for personal injury 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: American International Recovery, Inc. for personal injury; Jerry Maro for vehicle damage Corporation Counsel recommending that the claim of David R. Janzig, Sr. for vehicle damage be denied. Suggested Disposition: Receive and File; Concur Oaims - ICAP Oaim - Denial = Citizen Communication COmmUnication from Judith C. Bakey-Rahe requesting permission to build a retaining wall on her property at 2570 Green Street. Suggested Disposition: Receive and File; Refer to City Manager Bakey-Rahe Ltr Civil Service Commission Civil Service Commission submitting the certified list for the position of Utillityworker. Suggested Disposition: Receive and File; Make a Matter of Record UUlityworker "Utilityworker LL~ 8 Collective Bargaining Agreement Between the City of Dubuque and the International Union of Operating Engineers, Local #758 City Manager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engineers, Local #758. RESOLUTION Approving the agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local #758, and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution Bargaining - HVH Bargaining - Staff Bargaining ~ Contra~ Hemo Memo Resolution Legislative Issues Correspondence from the City Manager to area legislators in opposition to proposed property tax limitation legislation (SF 514) and to Governor Tom Vilsack regarding legislation that is very detrimental to cities that have used Tax Increment Financing in Urban Renewal areas. Suggested Disposition: SI= 514 Letter Vi~ Lt~ Receive and File Joint City/County Planning Committee Communication from the City/County Planning Committee to the County Board of Supervisors requesting that they name a representative to the Committee. Suggested Disposition: Receive and File Lt¢ to Supervisors 637 - 649 West Eighth Street - Replatting Zoning Advisory Commission recommending approval of the replatting of three existing lots located at 637 - 649 West Eighth Street into Lots 1 and 2 of Kress Place at the request of Toby Kress. RESOLUTION Approving the plat of survey of Lot I and Lot 2 of Kress Place 9 10. Suggested Disposition: Receive and File; Adopt Resolution West 8th - ZAC West 8th - Staff West 8th - West 8th - PI~ Letter ~4emo Resolution Asbury Plaza No, 3 - Final Plat Zoning Advisory Commission recommending approval of the final plat of Asbury Plaza No. 3 as requested by Rubloff Development Group, Inc. RESOLUTION Approving the final plat of Asbury Plaza No. 3 Suggested Disposition: Receive and File; Adopt Resolution ~sbury Plaza - Asbury Plaza - Asbury Plaza - Asbury Plaza - /~bury Plaza - Z~C Letter Staff Memo Resolution Application Plat U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising that the City of Dubuque has funds remaining in the Community Development Block Grant Program. Communication of David Harris, Housing and Community Development Director, in response to communication from HUD. Suggested Disposition: Receive and File HUD Letter Staff Response 11. Community Economic Betterment Account - Cottingham & Buffer Insurance Communication from the Iowa Department of Economic Development advising that they have approved a CEBA Loan for an amount not to exceed 9120,000 on behalf of Cottingham and Butler Insurance Service, Inc, Suggested Disposition: Receive and File 10 12. 13. AdoreAble Promotions, Inc. Communication from Wendy Dore, President of Adorable Promotions, Inc., regarding ToUghman Contests at Five Flags. Suggested Disposition: Receive and File; Refer to City Manager AdoreAble Promotions Community Partnership (cp2) Program - Fiscal Year 2002 Recommendation City Manager recommending approval of the allocation of Fiscal Year 2002 Community Partnership Program funds to the Boys and Girls Club ($21 ,$90) and Central Alternative High School ($28,110). RESOLUTION Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2002 Suggested Disposition: Receive and File; Adopt Resolution cp2 - IVlVM Memo cp2 - Staff Memo cp2 Resolu'don cp2 - Exhibit A cp2 - Scores 14. 15. Community Outreach Partnership Centers Program City Manager recommending endorsement of an application, sponsored by Loras College, to the U.S. Department of Housing and Urban Development for a community development project in Dubuque. RESOLUTION Endorsing an application from Loras College to the U.S, Department of Housing and Urban Development to participate in the Community Outreach Partnership Centers (COPC) Program Suggested Disposition: Receive and File; Adopt Resolution COPC - NVM COPC - Staff COPC - COPC Attachment Memo Memo Resolution Upper Mississippi River National Wildlife and Fish Refuge Interpretive Center City Manager recommending approval of the close-out of an Economic Development Initiative (EDI) Special Project grant. RESOLUTION Providing for closeout of the Economic Development Initiative (EDI) Special Project grant from the U.S. Department of Housing and Urban Development 11 16, 17. 18. for the Upper MissisSippi River National Wildlife and Fish Refuge Interpretive Center on behalf of the Dubuque County Historical Society Suggested Disposition: Receive and File; Adopt Resolution EDI - MVM Memo EDI - Staff Memo EDI Resolution EDI - Final Report EDI Finandat EDI Qose Out Repo.~t Agreement Third and Main Street Parking Lot - Acceptance City Manager recommending acceptance of the Third and Main Street Parking Lot Construction Project in the final contract amount of 989,242.43. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $89,242.43 Suggested DisPosition: Receive and File; Adopt Resolutions Parking Lot - Third and Main - Third and Main - MVN Memo Staf~ Memo Res~ufion Fifth Street Ramp Expansion City Manager recommending that Resolution #168-01 which established the final contract amount (92,051,600) for the Fifth Street Ramp Expansion be rescinded and that the final contract amount be established at 92,002,960.28. RESOLUTION Rescinding Resolution Number 169-01 and approving final contract amount of $2,002,960.28 Suggested DiSposition: Receive and File; Adopt Resolution Ramp - MVM Ramp - Staff Ramp - Memo Memo Resolution John F. Kennedy Road - Acceptance of Warranty Deeds City Manager recommending acceptance of warranty deeds for right-of-way purchases on John F. Kennedy Road for the reconstruction project scheduled for 2001 - 2002. RESOLUTION Accepting a conveyance of property on John F. Kennedy Road to the City of Dubuque 12 19. 20. 21. Suggested Disposition: Receive and File; Adopt Resolution Deeds - MVN Deeds - Staff Deeds - Memo Memo Resolution Catfish Creek Lift Station Pump Replacement Project City Manager recommending acceptance of the Catfish Creek Lift Station Pump Replacement Project in the final contract amount of $344,445.96. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $344,445.96 Suggested Disposition: Receive and File; Adopt Resolutions ~ - HV~ Catfish - Staff Catfish - Caffish - Catfish - IIW Ltr Memo Hemo Resolution #1 Resolution #2 Riprow Valley Restoration Project - LWCF Grant Agreement City Manager recommending approval of a Land and Water Conservation Fund (LWCF) grant agreement with the Iowa Department of Natural Resources for the Riprow Valley Restoration Project. Suggested Disposition: Receive and File; Approve LWCF - MVM LWCF - Staff LWCF Agreement Memo Memo West End Commercial Subdivision - Final Plat City Manager recommending approval of a final plat for the West End Commercial Subdivision. RESOLUTION Approving the final plat of West End Commercial Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution wes~ End - HVH West End - Staff West End - Staff West End - West End - West End - Plat Memo Memo Report ResoJution Application 13 22. 23. 24. Adams Company Structural Repairs City Manager recommending approval of a building permit application for repairs to the roof system of the Adams Company, which is located in the Fourth Street Peninsula Redevelopment Overlay District. Suggested Disposition: Receive and File; Approve Adams - MVM Adams - Staff Adams - Reques~ Memo Memo Ltr Authorized Depository Institutions City Manager recommending an increase in the maximum balances invested with a financial institution from $10,000,000 to $15,000,000 for Firstar Bank, Dupaco Community Credit Union, Premier Bank, East Dubuque Savings Bank, and Liberty Bank. RESOLUTION Naming Depositories Suggested Disposition: Receive and File; Adopt Resolution Deposit:odes - Depositories - Depositories - MVM Memo Staff Memo Resolution Business Licenses RESOLUTION Granting issuance of 39 renewals to sell Cigarettes and Cigarette Papers in the City of Dubuque RESOLUTION Granting issuance of Class ~C" Beer/Liquor License to Duke's Place, B'z Dart Inn, and Silver Dollar Cantina Suggested Disposition: Adopt Resolutions Cigarettes Uquor 14 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. CLOSED SESSION Property Acquisition and Pending Litigation (Iowa Code Chapter 21-.5(1)(j)(c) Jeanne F. Schneider 1:00 p.m. May 17, 2001 15