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Agenda 6 4 01 wf iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, JUNE 4, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Reverend George Bauman, Pastor, Holy Trinity Lutheran Church Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, to give verbal progress report. David Rusk, Chairperson of the Downtown Planning Committee, to make verbal update on the Committee's efforts and upcoming events for a downtown visioning process. CONSENT ITEMS (See Pages 5-10) 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 Interviews for the following Boards/Commissions: Civic Center Commission (3 terms which expire 6129104): Rod Bakke, Michael P. Bannon, Mark M. Nauman, Steve Sesterhenn 13d and Corem gd and Corem Applications List Overview PUBLIC HEARINGS SUSPEND THE RULES Algona Street Reconstruction - Award Proofs of publication on notice of hearing on plans and specifications, notice to property owners, and notice to bidders on the receipt of bids and City Manager recommending award of the contract for the Algona Street Reconstruction Project to Horsfield Construction, Inc., in the amount of $553,669.60. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Horsfield Construction, Inc., in the amount of $553,669.60 RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Algona Street Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions Algona - MVM Memo Algona - Staff AIgona ~ A[gona - Award Memo Resolutions Center Grove Storm Sewer - Award 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 Center Grove Storm Sewer Project to Horsfield Construction, Inc., in the amount of $73,854.88. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Horsfield Construction, Inc., in the amount of $73,854.88 Suggested Disposition: Receive and File; Adopt Resolutions Center Grove - MVM Center Grove - Center Grove - Center Grove - Center Grove - Memo Staff Memo Resolution #1 Resolution #2 Bid Tab 2 Jackson Street Relief Storm Sewer Project - Award 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 Jackson Street Relief Storm Sewer Project to Portzen Construction in the amount of $158,222.33. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Portzen Construction in the amount of $158,222.33 Suggested Disposition: Receive and File; Adopt Resolutions Jackson Street - Jackson Street - Jackson Street - Jackson - Jackson Street - MVM Memo Staff Memo Resolution #1 Resolution #2 Bid Tab REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS Raven Oaks Senior Apartments - Affordable Housing Tax Credit Program Application (Tabled at Council Meeting of May 21, 2001) Communication of Brian D. Brooks, Star Development, LLC, requesting that the City support their Affordable Housing Tax Credit Program Application to the Iowa Finance Authority and further advising that the one percent local contribution ($42,000) has been obtained from other sources. Communication from Thomas J. Mueller in opposition to the City providing financial assistance for this project. RESOLUTION of Support for the development of an affordable housing project to be known as Raven Oaks Senior Apartments (Star Development) Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution Star Dev - MVM Raven Oaks - Star Development Brooks Ltr Mueller Ltr Memo Resolution - Staff Memo Star Development Star Dev - Affordable Hsg - Raven Oaks - Lb' Examptes MVM Memo Staff Memo 3 Community Housing Initiative - Affordable Housing Tax Credit Program Application (Tabled at Council Meeting of May 21, 2001) 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. Communication from Thomas J. Mueller in opposition to the City providing financial assistance for this project. RESOLUTION of Support 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 River Oaks Apartments (Community Housing initiatives) Suggested Disposition: Remove from Table; Receive and File; Adopt Resolutions CHI - MVM Memo CHI - Staff Memo Mueller Ltr - 5-31-01 River Oaks - Staff River Oaks ~ River Oaks - CHI Letter Memo Resolution Resolution #2 Platinum Holdings, L.L.C. City Manager recommending approval of a consent and subordination to mortgage agreement for Platinum Holdings, L.L.C. RESOLUTION Approving a Consent and Subordination to Mortgage Agreement for Platinum Holdings, EL.C, in favor of American Trust and Savings Bank and assignments of the Amended Development Agreement, Lease Agreement and Parking Use Agreement by Platinum Holdings, L.LC. to American Trust and Savings Bank Suggested Disposition: Receive and File; Adopt Resolution Platinum Consent and Parking Use Agr ASsignment of Assignment ~ Dev Resolution Subordination Agr Lease Agr NOTE: Closing on the land lease will take place immediately following the vote on this agenda item. 4 Mississippi River Conference and Education Center City Manager recommending approval of HOK Venue as the architectural firm for the proposed Mississippi River Conference and Education Center. RESOLUTION Approving the selection of a consultant to provide architectural and engineering services and authorizing the City Manager to execute an appropriate contract for said services Suggested Disposition: Receive and File; Adopt Resolution Conference Ctr - MVM Memo Town Clock Plaza City Manager recommending award of the engineering services for the opening of Town Clock Plaza from Fifth to Ninth Streets. RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolution Town Clock Plaza Toughman Contests - Five Flags City Manager submitting a communication from Leisure Services Manager Gil Spence which provides background information on Toughman Contests at the Five Flags Center. Suggested DiSposition: Receive and File Toughman Contests Contest - Staff 1991 Ordinance - MVM Memo Memo Julien Dubuque/Highway 20 Bridge RESOLUTION Supporting the development of an additional two-lane bridge for U,S. 20 across the Mississippi River Communications from Representative Jim Nussle regarding his meeting with Iowa Department of Transportation officials on the Highway 20 Julien Dubuque Bridge issue. 5 Communication from the Dubuque Area Chamber of Commerce to Governor Vilsack in support of the Highway 20 Bridge. Suggested Disposition: Receive and File; Adopt Resolution Resolution Nussle Ltrs Chamber Ltr COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING 2001 Asphalt Paving Project - Initiate City Manager recommending initiation of the bidding process for the 2001 Asphalt Paving Project and that a public hearing be set for July 16, 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 7/16/01 2001 Asphalt - MVH 2001 Asphalt - 2001 Asphalt Hemo Staff Memo Resolutions CONSENTITEMS Minutes Submitted Airport Commission of 5/21; Five Flags Commission of 5/21; Historic Preservation Commission of 4/19 and 5/17; Housing Commission of 5/1; Human Rights Commission of 4/9; Transit Board of 5/10 Suggested Disposition: Receive and File Airport Five Flags HPC Minutes HPC - May J.7 Housing Human Rights Transit 6 Notice of Claims/Suits Zachary S. Breitbach in estimated amount of $370 for vehicle damage; Scott Lovett in estimated amount of $3,057.29 for vehicle damage; Robert Mclntyre in estimated amount of $2,425.18 for vehicle damage; Chad Weydert in estimated amount of $250 for vehicle damage Suggested Disposition: Receive and File; Refer to Legal Department for Investigation and 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: Amber Kallenberger for personal injury; Robert Mclntyre for motorcycle damage Corporation Counsel advising that the claim of Fieldon Atchison for grass replacement has been settled. Suggested Disposition: Receive and File; Concur Claims - ICAP Claims - Settled Citizen Communication Communication from David W. Leifker to the Iowa Department of Transportation regarding the dangerous design/condition of Highway 20 West between the Northwest Arterial and Old Highway 20 intersections. Suggested Disposition: Receive and File Leifker Ltr 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. Suggested Disposition: Receive and File; Approve Site Plan - ZAC Site Plan - Staff' Site Plan - Letter Plemo Drawings 7 Brewery Acquisition and Rehabilitation Project - Combined Notice 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 the Brewery Acquisition and Rehabilitation Project. 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 for the Brewery Acquisition and Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution Brewery ~ tvIVM Brewery ~ Staff Brewery Brewery - Exhibit Memo Memo Resolution A County of Dubuque - Application for Enterprise Zone Designation City Manager recommending that the City support the County's application to the Iowa Department of Economic Development for an Enterprise Zone in Dubuque County which would include the Dubuque Technology Park and the Dubuque Regional Airport. RESOLUTION of Support for Dubuque County's application to the Iowa Department of Economic Development requesting certification of an Enterprise Zone n Dubuque County Suggested Disposition: Receive and File; Adopt Resolution County - MVM Memo County - Staff= County Memo ResoJution 2000 PC Concrete Paving Project - No. 2 (Burden Street and North Burden Street) City Manager recommending approval of the Final Assessment Schedule for the 2000 PC Concrete Paving Project - No. 2 (Burden Street and North Burden Street). RESOLUTION Adopting the final assessment schedule for the 2000 PC Concrete Paving Project- No. 2 (Burden Street and North Burden Street) 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 Burden - MVM Memc Burden - Staff Burden - Burden - Final Memo Resolution Assessments 8 10. 11. Sheridan Road Storm Sewer Reconstruction City Manager recommending acceptance of the Sheridan Road Storm Sewer Reconstruction Project in the final contract amount of $116,689.71. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $116,669.71 Suggested Disposition: Receive and File; Adopt Resolutions Sheridan - rvlvH Sheridan - Staff Sheridan Hemo Herno Resolutions Adoption of Supplement No. 49 to the Code of Ordinances City Manager recommending adoption of Supplement No. 49 to the Code of Ordinances, RESOLUTION Adopting Supplement No. 49 to the Code of Ordinances Suggested Disposition: Receive and File; Adopt Resolution Code - IvIvIH Hemo Code - Staff Hemo Code - Resolution Contract for Red Light Running Pilot Program City Manager recommending approval of a contract with Nestor Traffic Systems of Providence, Rhode Island for a Red Light Running Pilot Program. Suggested Disposition: Receive and File; Approve Contract Red Light - MVM Red Light - Staff Red Light Contract Menlo Memo Dakota, Minnesota, and Eastern Railroad Corporation Communication from the Surface Transportation Board of Washington, DC regarding the environmental review process for the Dakota, Minnesota, and Eastern Railroad Corporation proposed Powder River Basin Expansion Project. Suggested Disposition: Receive and File Railroad Ltr 9 12. National Fire Protection Association Standards City Manager recommending that the City encourage the National Fire Protection Association Standards Council to reject Standard 1710 in its entirely. Suggested Disposition: Receive and File; Approve NFPA - MVM Memo NFPA Letter NFPA - Staff Memo 13. McAninch Corporation v. City of Dubuque Corporation Counsel advising that agreement has been reached with the McAninch Corporation to resolve the pending lawsuit against the City of Dubuque within the guidelines established by the City Council. Suggested Disposition: Receive and File HcAninch Ltr 14. iPCS Wireless, Inc. v. Zoning Board of Adjust Corporation Counsel advising that the City has prevailed on a motion to dismiss the certiorari proceeding against the Zoning Board of Adjustment. Suggested Disposition: Receive and File iPCSWireless 15. Business License Refund Request of Tim Martin, Riverside Bowl, Inc. for a beer and liquor license refund in the amount of $422.50. Suggested Disposition: Receive and File; Approve Refund Request 10 16, Business Licenses RESOLUTION Granting issuance of a license to sell Cigarettes and Cigarette Papers to Santa Fe Natural Tobacco Company RESOLUTION Granting issuance of 24 renewals to sell Cigarettes and Cigarette Papers in the City of Dubuque RESOLUTION Granting issuance of Class "B" Permit to Pizza Hut #1 (2075 John F. Kennedy Road) and Pizza Hut (320 East 20th Avenue); and Class "C" Beer Permit to HyVee Food Store #1 (3500 Dodge Street) RESOLUTION Granting issuance of Class "C" BeedLiquor License to Creslanes Bowling and Murphs South End Tap; and Class "B (WP)" Wine Permit to HyVee Food Store #1 (3500 Dodge Street) Suggested Disposition: Adopt Resolutions Cigarette - New Cigare~e - Beer Resolution Liquor Resolution Renewal 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)Ci)(c) Jeanne F. Schneider 1:00 p.m. 11 CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING AMENDED AGENDA Government Body: City Council Time: 6:30 p.m. Date: June 4, 2001 Place of MeetinQ: Public Library Auditorium NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The Agenda for the meeting is amended as follows: Action Item River's Edge Plaza Pavilion City Manager requesting direction on final design of the pavilion for the River's Edge Plaza. Suggested Disposition: Receive and File; Council Direction This notice is given pursuant to Chapter 21, Code of Iowa, 1999, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. / /.~. n~_, F. Schneider g/City Clerk Any Visual or Hearing Impaired Persons Needing Special Assistance or Persons with Special Accessibility Needs Should Contact the City Clerk's Office at (319) 589-4120 or TDD {319) 589-4193 in the Human Rights Department at Least 48 Hours Prior to the Meeting