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Agenda 7 16 01CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, JULY 16, 2001 5:00 P.M. - DINNER - LIBRARY ROTUNDA 5:30 P.M. - HARVEST DEVELOPMENT GROUP REQUEST - LIBRARY AUDITORIUM 6:30 P.M. - REGULAR MEETING - LIBRARY AUDITORIUM Harvest - MVM Memo Harve~ - S~aff Harve~ Proposal Harvest L['r Harves'c - Exhibit A Memo INVOCATION Wayne Holt, Bishop of The Church of Jesus Christ of Latter Day Saints PROCLAMATIONS Dubuque County Fair Week (July 24 - 29, 2001) Fair Week CONSENT ITEMS (See Pages 7 - 13) 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. BOARDSICOMMISSIONS Interviews for the following Boards/Commissions: Long Range Planning Advisory Commission (2 Terms Expiring 711104) Applicants: Floyd Schneider and Charles Winterwood, M.D. Transit Board of Trustees (1 Term Expiring 7130104) Applicant: Don Stedman Overview Shee~ Bcl and Comm List Planning Apps Transit App PUBLIC HEARINGS SUSPEND THE RULES Telecorp Realty, LLC - Lease of Space Proof of publication on notice of hearing and City Manager recommending the leasing of space at Louis Murphy Park to Telecorp Realty, LLC, for the installation of a monopole tower and wireless telecommunication antenna facility. RESOLUTION Disposing of interest in property described in a lease between the City of Dubuque, Iowa and Tetecorp Realty, LLC for the installation and operation of a wireless telecommunication facility Suggested Disposition: Receive and File; Adopt Resolution Telecorp - Mvivl Telecorp - Staff Teiecorp Lb' Telecorp Agreement Memo Memo Alta Vista Street - Request to Vacate Proof of publication on notice to heating to consider a request that the City vacate the alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision and the City Manager recommending disposal of the property to Rick Dickinson. RESOLUTION Disposing of City interest in Lots A, B, C, and D of Union Avenue Subdivision, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Alta Vista - MVM Alt~ Vist[a - Staff Alta Vista - Alta Vista - Map Clemens Lb' Memo Memo Re~olution Voluntary Annexation - W.C. Stewart Proof of publication on notice of hearing to consider the voluntary annexation request of W.C. Stewart for property located at 8000 Old Highway Road and City Manager recommending approval. RESOLUTION Annexing certain property to the City of Dubuque, Iowa, concurrent with rezoning from County R-1 Rural Residential to City R-1 Single-Family Residential Zoning District. Suggested Disposition: Receive and File; Adopt Resolution 2 Annexa~don - MV~ Annexal~x,~ - St;afl Annexation - Annexation - Staff Annexation - Annexation - Map Memo Memo Ra~olut';on Report Raques~ Annexa~don - Plat w 2001 Curb Ramp Installation - CDBG Project ~ Proofs of publication on notice of headng on plans and specifications, and notice to bidders on the receipt of bids for the 2001 Curb Ramp Installation - CDBG Project #2, and City Manager recommending award of the contract to Superior Concrete in the amount of $20,744.75. = RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Superior Concrete in the amount of $20,744.75 Suggested Disposition: Receive and File; Adopt Resolutions Curb Ramp - NN~ Curb Ramp - Staff Curb Ramp - Memo Memo Resolutions 2001 Asphalt Paving Project Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids for the 2001 Asphalt Paving Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $1,694,717.78. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Portzen Construction, Inc., in the amount of $1,694,717.78 Suggested Disposition: Receive and File; Adopt Resolutions 2001 Asphalt ~ ~ 2001/L~phalt - Staff 2001/L~phalt - Memo Memo Ra~olutions REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL 3 ACTION ITEMS Vision Iowa Grant Award Agreement and 28E Agreement City Manager recommending approval of the Vision Iowa Grant Award Agreement and a 28E Agreement with the Dubuque County Historical Society. RESOLUTION Approving the Vision Iowa Grant Award Agreement RESOLUTION Approving the 28E Agreement between the City of Dubuque and the Dubuque County Historical Society for the construction and operation of the America's River Project Suggested Disposition: Receive and File; Adopt Resolutions Vision Iowa V'L~on [owa Grant Vision Iowa 28E Agreement: 28E ResolutJon Resolution Behr Funeral Home - Construction Ordinance City Manager recommending approval of a request from Behr Funeral Home to install ornamental lighting and trees within the City right-of-way at 1491 Main Street. ORDINANCE Authorizing Behr Funeral Home to construct and maintain four street lights at 1491 Main Street, Dubuque, iowa Suggested Disposition: Receive and File; Motion B; Motion A Behr's - MVM Memo Behr's - Staff Memo Behr's - Ordinance Behr's Left. er Behr's - Map Maxim Technologies - Monitoring Wells City Manager recommending approval of a request from Maxim Technologies to install monitoring wells within the City right-of-way on Kerper Boulevard. RESOLUTION Authorizing a license agreement between the City of Dubuque, Iowa and Maxim Technologies, Inc., to install monitoring wells on public right-of-way in the vicinity of 2255 Kerper Boulevard Suggest~l Disposition: Receive and File; Adopt Resolution Maxim - MVM Memo Maxim - Staff Memo Maxim - Resolution Maxim I.tr Maxim Agreement 4 = Cooper Wagon Works Building - Downtown Rehab Loan City Manager recommending approval of a revised Letter of Commitment for the Downtown Rehab Loan for the Cooper Wagon Works Building at 29g Main Street. RESOLUTION Authorizing a revised Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan to the Cooper Development Company, LLC Suggested Disposition: Receive and File; Adopt Resolution Cooper - MVH Memo Cooper - Staff Memo Cooper - Resolution Cooper Lb' Iowa Department of Transportation Preconstrucfion Agreement (Tabled at Meeting of July 2, 2001) Communication from Richard E. Kautz, Iowa Department of Transportation, regarding the proposed extension of Iowa 32 (Northwest Arterial). City Manager transmitting a request from the Iowa Department of Transportation for approval of a preconstruction agreement for construction of the extension of the Northwest Arterial to US 52. RESOLUTION (For Council Consideration) Approving Preconstruction Agreement Number 99-4-095A with the Iowa Department of Transportation relating to the construction of Iowa 32 from John F. Kennedy to US 52 Suggested Disposition: Remove from Table; Receive and File; Council MVM Memo Kautz Lb' IDOT - MVM Memo IDOT - Staff Memo IDOT - Resolution IDOT - LeLter IDOT - Agreemen~ w Plastic Center, Inc. - Conceptual Development Plan Communication from Brian J. Kane, Counsel for Plastic Center, Inc., requesting that the conceptual development plan and rezoning request for property located on the southeast comer of the Northwest Arterial and Asbury Road, which was tabled on July 17, 2000, be removed from the table and set for public hearing on August 6, 2001. Suggested Disposition: Receive and File; Public Hearing 816/01 NOTE: The nmterials from the July 17, 2000 meeting are included as hard copy. Pta~cCb'l/r Street Tree and Landscaping on Public Right-of-Way Policy City Manager recommending approval of revisions to the Street Tree and Landscaping on Public Right-of-Way Policy. Suggested Disposition: Receive and File; Approve Tree Policy - MVM Tree Policy - Staff Tree Polio/ Hemo Memo America's River Project - Vacating of Various Streets City Manager recommending that a public headng be set for August 6, 2001 to consider the vacating of Wall Street, Tower Street, East 6th Street and adjacent alleys all east of Bell Street for future platting purposes. RESOLUTION Approving plat of proposed vacated Wall Street, Tower Street, East 6m Street and adjacent alleys all east of Bell Street ORDINANCE Vacating Wall Street, Tower Street, East 6m Street and adjacent alleys all east of Bell Street Suggested Disposition: Receive and File; Adopt Resolution; Motion B; Motion A Vacating - MV~ Vac~dng - Staff Vacating - Resolution Vacardng - Ordinance Vacating - Plat Memo Memo Housing Commission Communication from David Hards, Housing and Community Development Department regarding the attendance of a Housing Commission Member and requesting that the position be declared vacant. Suggested Disposition: Receive and File; Council Housing Ltrs COUNCIL MEMBER REPORTS 6 ITEMS TO BE SET FOR PUBLIC HEARING Airport Air Service Building (FBO) ADA Improvements - Initiate City Manager recommending initiation of the bidding process for the Airport Air Service Building (FBO) ADA Improvements Project and that a public hearing be set for August 20, 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 812010'1 Nrpo~ - HVH Memo Nrpor~ - Staff Memo AJrpor'c - ReSOlL~dons Sutton Pool Tank Painting Project - Initiate City Manager recommending initiation of the bidding process for the Sutton Pool Tank Painting Project and that a public hearing be set for August 20, 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 8120101 Sutton - MVM Memo Sutbon - Staff Memo Sutton - Resolutions CONSENT ITEMS Minutes Submitted Airport Commission of 6/18 and 6/29; City Council Proceedings of 7/2 and 7/10; Civil Service Commission of 6/1; Electrical Code Board of 6/20; Enterprise Zone Commission of 6114; Human Rights Commission of 6/11; Library Board of Trustees of 5/24; Zoning Advisory Commission of 6/6 and 7/5 7 Printed Council Proceedings for March, 2001; Proof of publication for Counci Proceedings of 6/13 and 6/28; List of claims and summary of revenues for the month ending May 31, 2001 Suggested Disposition: Receive and File; Approve as Printed Airport: - 6-:[8 Airpor~ 6-29 Council 7-2 Council 7-~.0 C~vil Service Elecb'ical Bd En~rprise Zone Human Rights Library Board ZAC of 6-6 ZAC of 7/5 Council - March Notice of Claims/Suits D & A Cable, Inc. in estimated amount of $544.02 for vehicle damage; Kimberly Kohl in undetermined amount for personal injuries to Nelson Kohl; Joseph J. Lange in undetermined amount for personal injury; Ralph Lemmer in estimated amount of $20.77 for vehicle damage; Bruce Scheffert in undetermined amount for personal injury; John J. Woerdehoff in estimated amount of $236.50 for property 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: D & A Cable, Inc. for vehicle damage; Joseph J. Lange for personal injury; and Bruce Scheffert for personal injury. Corporation Counsel recommending settlement of the claims of Ralph Lemmer in the amount of $20.77 for vehicle damage and Delmer Scales in the amount of $263.36 for property damage, and Finance Director to issue payment. Suggested Disposition: Receive and File; Concur with Recommendations; Finance Director to Issue Payment Oaims - ICAP C~aims - Se'al:led Civil Service Commission Civil Service Commission submitting the certified list for the positions of Assistant Fire Chief; Fire Captain, Fire Lieutenant, Fire Equipment Operator; Operator I and Operator I1. Suggested Disposition: Receive and File; Make a Matter of Record 8 Civil Service Usts = City Representative for FEMA Assistance City Manager recommending that he be designated as the City's representative for obtaining federal/state finance assistance under the Disaster Relief Act. RESOLUTION Designating the City Manager as the City of Dubuque's authorized representative for signing and filing documents to obtain federal/state finance assistance under the Disaster Relief^ct Suggested Disposition: Receive and File; Adopt Resolution FEMA - MVM Memo FENA - Staff Memo FEMA - ResoluUon FEMA Documenta = = Riprow Valley Archeological Survey Histodc Preservation Commission recommending that the City Council concur with the findings of the Archeological Survey Report for the Riprow Valley Restoration Project and to transmit that concurrence to the State Historic Preservation Office and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Concur Ripmw - HPC Lb' Riprow Survey Report Architectural/Historical Survey/Evaluation - Phase III - CLG Grant City Manager recommending approval of an application to the State Historic Preservation Office for a Certified Local Govemment grant to conduct Phase III of an amhitectural/historical survey/evaluation in the community. RESOLUTION Approving submission of an application for Certified Local Government Grant to conduct an Architectural/Historic Survey/Evaluation - Phase III Suggested Disposition: Receive and File; Adopt Resolution CLG - NVN Memo CIG - Staff Memo CIG ~ Resok.,Uon CLG Application 9 Fischer Companies - Request for Demolition Permit Historic Preservation Commission recommending the approval of a demolition permit for a structure located at 115 West 12th Street. Suggested Disposition: Receive and File; Approve Demolition - HPC Ltr Demolition - St3fl: Demolition Demolib3in Drawing Report Application West 32"d Street - Acceptance of Warranty Deeds City Manager recommending acceptance of warranty deeds for right-of-way purchases on West 32~ Street for the reconstruction project scheduled for 2001-2002. RESOLUTION Accepting a conveyance of property (part of Lot 3 of 2 of Helen E. and Mary H. Stewart Subdivision and part of Lot 5 of 2 of 6 of the NE ¼ of Section 16, T89N, R2E, 5th P.M.) of Brueck Subdivision) from Frank Hardie Advertising, Inc. on John F. Kennedy Road to the City of Dubuque RESOLUTION Accepting a conveyance of property (a part of Lot 10 of Brueck Subdivision) from Edwin W. and Linda K. Faust on West 32r~ Street to the City of Dubuque RESOLUTION Accepting a conveyance of property (part of Lot 2 of Brueck Subdivision) from Sean A. and Christine Rupp on West 32r~ Street to the City of Dubuque RESOLUTION Accepting a conveyance of property (a part of Lot 2 of I of 7 of the NE % of Section 16, T89N, R2E, 5th P.M. from Earlyn J. and Judith L. Loeffelholz on West 32nd Street to the City of Dubuque RESOLUTION Accepting a conveyance of property (parts of Lots 3 and I of Lot 1 of 4 in the NE % NE %, Lot 1 of 1 of 7 in the SE ¼ NE ¼ and Lot 1-1-1-1-1-1-1- 1-1-1-3 of Helen E. and Mary H. Stewart Subdivision in the NW ¼ NE ¼ all in Section 16, T89N, R2E, 5th P.M., Dubuque County, Iowa) from Kivlahan Farms, L.C. on John F. Kennedy Road to the City of Dubuque RESOLUTION Accepting a conveyance of property (part of Lot 1 of I of 4 in the NE % NE % Section 16, T89N, R2E, 5th P.M.) from Kivlahan Farms, L.C. on John F. Kennedy Road to the City of Dubuque RESOLUTION Accepting a conveyance of property (part of Lot 8 of Brueck Subdivision) from Carl W. & Debra L. Thumser on West 32"~ Street to the City of Dubuque RESOLUTION Accepting a conveyance of property (part of Lot 1 of 1 of 11 of Brueck SubdiviSion) from Marjorie H. Sweeney on West 32nd Street to the City of Dubuque 10 Suggested Disposition: Receive and File; Adopt Resolutions W 32nd - MVM Memo W 32nd - Staff=Memc Hardie Resolution Faust Resolu'cion Rupp Resolution Leaffelholz KNlahan Resolution Kivlahan Resolution Thumser Resolution Resolution #1 #2 Sweeney ResolutJon Grant of Easement - John F. Kennedy Road City Manager recommending the reaffirmation of the acceptance of a Grant of Easement for Lateral Support on John F. Kennedy Road from Richard J. and Marie V. Benson. RESOLUTION Rescinding Resolution 261-01 and reaffirming the acceptance ora Grant of Easement for Lateral Support from Richard J. and Made V. Benson Suggested Disposition: Receive and File; Adopt Resolution 3FK - MVM Memo 3FK - S~aff= Memo 3FK - Resolution 10. Peavey Company - Lease Extension City Manager recommending approval of a lease extension with Peavey Company through November 30, 2021. Suggested Disposition: Receive and File; Approve Peavey - MVM Memo Peavey - Staff Memo Peavey Lease 11. Hillcrest Family Services - Festival of Lights City Manager recommending approval of an agreement with Hillcrast Family Services for the use of Murphy Park for the Festival of Lights from November 1st through January 12th. Suggested Disposition: Receive and File; Approve Agreement 11 HilJcrest - MVM Memo Hillcres'c - SI~IT Memc 12. Regional Transit Authority City Manager recommending approval of a Job Access Contract with the Regional Transit Authority (RTA) for Fiscal Years 2001 and 2002. Suggested Disposition: Receive and File; Approve RTA - MVM Memo RTA - Staff Memo RTA - Agreement i3. Consolidated Annual Action Plan - Fiscal Year 2001 City Manger recommending approval of a Grant Agreement with the U.S. Department of Housing and Urban Development for the Fiscal Year 2001 (July 1, 2001 - June 30, 2002) Consolidated Annual Action Plan in the amount of $1,489,000. RESOLUTION Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution HUD - Staff= Memo HUD - Resolution HUD Plan 14. Dubuque County Board of Supervisors Communication from the Dubuque County Board of Supervisors thanking the City Council for the cooperation and assistance for the Law Enforcement Center Addition Project. Suggested Disposition: Receive and File Supervisors Ltr 15. Dubuque Museum of Art City Manager recommending advising that he plans to approve meter changes as requested by the Dubuque Museum of Art for meters along Seventh Street between Locust and Bluff Streets. Suggested Disposition: Receive and File 12 DuMA - MVM Memo DUMA - Sta~ Memo t6, City of Asbury - Voluntary Annexation Communication from City of Asbury notifying the City of the voluntary annexation of property/known as Lot 2 Juran Place of the SE ¼ of the NE % of Section 18, T8gN, R2D, 5'' P.M., Dubuque County, Iowa and that a public hearing has been scheduled for July 24, 2001 at 7:00 p.m. Suggested Disposition: Receive and File ~sbury Lb' 17. Dubuque County Historical Society 18. Request of the Dubuque County Historical Society to transfer their liquor license from the Ryan House to 350 East 3r° Street (Museum parking lot) for the Taste of Dubuque on August 1, 2001. Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting the renewal of three licenses to sell Cigarettes and Cigarette Papers within the City RESOLUTION Granting issuance of a Class "B" Beer Permit (Special Event) to Loras College Campus; Dubuque Area Labor Management Council (Tents A, B, and C); and Four Mounds Foundation RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to House of China; Tott's Tap; Shannon's Bar and Gdll; Applebee's Gdll and Bar; Bodines; and Holiday Inn Five Flags Suggested Disposition: Adopt Resolutions Ogarettes Beer Resolution Uquor Resolution 13 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. Jeanne F. Schneider July 12, 2001 14