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Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, AUGUST 6, 2001 5:00 P.M. - DINNER - LIBRARY ROTUNDA 5:30 P.M. - SPECIAL MEETING - TOWN CLOCK PLAZA - LIBRARY AUDITORIUM 6:30 P.M. - REGULAR MEETING - LIBRARY AUDITORIUM INVOCATION Father Thomas Rhomberg PROCLAMATIONS Responsible Gaming Education Week (August 6 - 10, 2001) International Dragon Boat Festival (August 10, 11, and 12, 2001) United Way Campaign Time (August 15 - October 21, 2001) Responsible Gaming Dragon Boats Un,ted Way CONSENT ITEMS (See Pages 7 - 14) 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: Housing Commission (One unexpired term to expire 8117103; Three terms to expire 8117104) Applicants: Jeremy Austin, Char Eddy, Kris Erickson, John L. Henning, Joe Hopkins, David J. Kapler, John J. Plein Housing Advisory Trust Fund Committee (One three year term to expire 9~8~04) Applicant: John V. Walsh Appointments to the following Boards/Commissions: Long Range Planning Advisory Commission (Two terms expiring 711104) Applicants: Floyd Schneider and Charles Winterwood, M.D. Transit Board of Trustees (One term expiring 7~30~04) Applicant: Don Stedman Boards Overview Bd - Comm List Housing Applications Trust Fund Planning Apps Transit App Application PUBLIC HEARINGS SUSPEND THE RULES Wartburg Place Recoest~uction Proof of publication on notice of hearing on plans and specifications for the Wartburg Place Reconstruction Project. RESOLUTION Adopting plans and specifications for the project RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Wartburg Place Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions Wart:burg - ~ War~urg ResolulJon Wartburg Resolution Wart~urg - Hap Wartburg - Memo #1 #2 ,~sessment REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS Town Clock Communication from John E. Butler, President of Cottingham and Butler, requesting that the City relocate the Town Clock to the Town Clock Building at 835 Main Street. Communication from Charlie Glab stating he felt the Town Clock should be moved. Communication from David Wm. Rusk stating his opposition to moving the Town Clock. Suggested Disposition: Receive and File; Council Town Qeck Lt3- Glab lb' Rusk LIT 1998 Sidewalk Assessment Installation Communication from John W. Herrig requesting that he not be required to install sidewalks on the east side of Embassy West Ddve north from Pennsylvania Avenue. Suggested Disposition: Receive and File; Council 2 w Long Range Planning Advisory Commission Membership Communication from Mary Lynn Neumeister, Chairperson of the Long Range Planning Advisory Commission, regarding membership on the Commission and recommending changes. ORDINANCE Amending Section 36-4 of the City of Dubuque Code of Ordinances regarding composition of the Long Range Planning Advisory Commission. Suggested Disposition: Receive and File; Motion B; Motion A LRPAC Ltr LRPAC Ordinance Lined Out: Ordinance Sm Long Range Planning Advisory Commission Communication from the Long Range Planning Advisory Commission submitting the recommended goals and objectives for the 2001 Comprehensive Plan Update. Suggested Disposition: Receive and File; Council Comp Ptan - LRPAC Comp Plan Update Ltr 2408 Central - Construction Ordinance City Manager recommending approval of a construction ordinance for placement of a roof overhang within the public right-of-way at 2408 Central at the request of Jerry Maro. ORDINANCE Authorizing Jerry Maro to construct a roof overhang Suggested Disposition: Receive and File; Motion B; Motion A 2408 Cerfn-dl - HVt4 2408 C~tral - Staff 2408 Cenl~l 2~O8 Cent~l - Hemo Memo Ordinance Apfllicaidon L&I BuildinglSalina Street Dock - Construction Ordinance City Manager recommending approval of a construction ordinance allowing Lester R. Weber, L & I Building (formerly Anderson-Weber Building) to place an enclosed loading dock within the public right-of-way. ORDINANCE Authorizing Lester R. Weber to construct a dock Suggested Disposition: Receive and File; Motion B; Motion A 3 L and I - Staff Memo L and I Ordinance Application Permit Moratorium for the Fourth Street Peninsula City Manager recommending approval of a nine-month extension of the Fourth Street Peninsula Permit Moratorium, ORDINANCE Amending Section 11-58.2 of the City Of Dubuque Code of Ordinances by extending the moratorium for permit applications on the Fourth Street Peninsula. Suggested Disposition: Receive and File; Motion B; Motion A Moratadum - MVM Morab0rium - Staff Moratorium Exhibit A Memo Memo Ordinance Residential Permit Parking in Municipal Lot #1 City Manager recommending that the Residential Permit Parking District in Municipal Lot #1 be amended to increase the number of permits that could be issued from 27 to 29. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 32-339 Amending Residential Permit Parking in Municipal Lot #1 Suggested Disposition: Receive and File; Motion B; Motion A Parking Lot 1 - FNM Parking Lot #1 - Parking Lot #1 Memo Shaft Memo Ordinance Parking Lot - Drawi~ Barton Randall Addition - Final Plat City Manager recommending approval of the final plat of Barton Randle Addition. RESOLUTION Approving the final plat of Barton Randle Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4 10. 11. 12. 13. Harvest View Estates First Edition - Final Plat City Manager recorra~ending approval of the final plat of Harvest View Estates First Addition, in the City of Dubuque, Iowa. RESOLUTION Approving the final plat of Harvest View Estates First Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Hawest: View - IVNH I-lar~st V~w - Staff Harvest View Harvest V'~w - Harvest View Memo Hemo Resolu'do~ Reporl: Application Cedar Ridge Farm - Final Plat City Manager recommending approval of a revised resolution approving the final plat of Cedar Ridge Farm Place No. 4. RESOLUTION Rescinding Resolution No. 155-01 and approving the final plat of Cedar Ridge Farm Place No. 4 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Cedar Ridge - MVH Cedar Ridge - S~ff Cedar Ridge Cedar Ridge Plat Memo Memo R~solution Historic Preservation Revolving Loan Fund Historic Preservation Commission submitting proposed guidelines for the HPC Revolving Loan Fund and requesting Council approval. Suggested Disposition: Receive and File; Approve Revolving Loan - HPC Revolving Loan HI:~ Lb' Historic Preservation Homeowner Grant Program Historic Preservation Commission submitting proposed guidelines for the HPC Homeowner Grant Program and requesting Council approval. Suggested Disposition: Receive and File; Approve Homeo/mer - HPC HPC Homeowner lb- Grant: 5 14. Iowa League of Cities City Manager advising that the City Council needs to designate a voting delegate for the upcoming Iowa League of Cities Annual Meeting in Waterloo. Suggested DiSposition: Receive and File; Council League Memo COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING Redistricting Plan for City Wards and Precincts City Manager recommending that a public hearing be set for August 20, 2001, for review and approval of a redistricting plan for City Wards and Precincts. Suggeatsd Disposition: Receive and File; Public Hearing 8120101 Redis~cfing - ~ Redistriddng - Staff Nemo IV~emo Northwest Arterial Detention Basin - Phase I - Initiate City Manager recommending initiation of the bidding process for the Northwest Arterial Detention Basin - Phase I project and setting a public hearing for August 20, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggeatsd Disposition: Receive and File; Adopt Resolutions; Public Hearing 8~0~1 NW Art~ial - ~ NW Nt~ia| - Staff= NW Ntedal - Hemo Hemo ResolutJons High Bluff Sanitary Sewer Project - Initiate City Manager recommending initiation of the bidding process for the High Bluff Sanitary Sewer project and setting a public hearing for August 20, 2001. RESOLUTION Preliminary approval of plans and specifications 6 RESOLUTION Fixing date of headng on plans and specifications RESOLUTION Ordedng bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8120/01 w High Bluff- HVH High Bluff - Staff High Bluff - High Bluff- flap Memo Memo Resolutions Harvest View Estates Sanitary Sewer Project- Initiate City Manager recommending initiation of the bidding process for the Harvest View Estates Sanitary Sewer project and setting a public hearing 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 8/20101 Har~st View - IflWf Harvest View - Staff Harvest View - IVlerno Memo Resolutions CONSENT ITEMS Minutes Submitted City Council Proceedings of 7/16, 7/23 and 7/30; Civil Service Commission of 7/3 and 7/17; Community Development Advisory Commission of 6/14 and 7/17; Five Flags Commission of 7/16; Housing Code Appeals Board of 5/15; Housing Commission of 7/17; Housing Commission Trust Fund of 7/26; Investment Oversight Commission of 7/27 Ccx.mdl * 7/16 Coundl - 7/23 Coundl 7/30 Civil Sewice - 7/3 CNil Service - 7/16 Corem Der- 6/14 Community Five Rags Housing Code Housing Housing Trust Fd 7 Pdnted Council Proceedings for Apdl, 2001; proof of publication for Council Proceedings for July 2 and 10, 2001; proof of publication of list of claims and summary of revenues for month ending June 30, 2001 Finance Director submitting the City of Dubuque Financial Reports for the month ending June 30, 2001. Quarterly Report of the Dubuque Area Chamber of Commerce Convention and Visitors Bureau; Substance Abuse Services Center Fourth Quarter Report for Fiscal Year 2001; Investment Oversight Commission 334 Quarterly Report Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suits H. Diane Chevalier in undetermined amount for personal injury; David Fisch in estimated amount of $50.00 for property damage; Mark D. Fox in estimated amount of $558.46 for vehicle damage; Julie Harris in undetermined amount for vehicle damage; Elizabeth Kelly in estimated amount of $58.25 for vehicle damage; Shopko Store #164 in estimated amount of $855.60 for property damage; John J. Sullivan in estimated amount of $232.94 for vehicle damage; Phil Toth in estimated amount of $1,500 for personal injury. Notice of appeal in the matter of the condemnation of certain rights in land for the Ice Harbor Urban Renewal District by Agri Industries. 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: H. Diane Chevalier for personal injury; Mark D. Fox for motorcycle damage; Julie G. Harris for property damage; Shopko for property damage; Phil Toth for personal injury. Corporation Council recommending denial of the claims of Elizabeth Kelly for vehicle damage and John Woerdehoff for property damage. Corporation Council recommending that the claim of Kimberly Kohl for personal injury be fon~arded to Mueller Pipeline. Suggested Disposition: Receive and File; Concur Claims - Ic_.AP (]aims Denied Claims R. efen'ed 8 Citizen Communications Communication of Roger J. Nemmers requesting to purchase a parcel of City-owned property on Fremont Avenue. Communication of James E. Goodman, Jr., representing James and Patricia Peters, requesting relocation of an easement on Huntington Drive. Communication of Lloyd Gudenkauf requesting City's final acceptance of Jaeger Heights Subdivision #2, Phase II. Communication of Lloyd Gudenkauf requesting City's final acceptance of Patricia Ann Subdivision (second request). Suggested Disposition: Receive and File; Refer to City Manager Nemrne~ Lb' Goodman lb' 3aeger Heights Patricia Ann Fiscal Year 2002 REAP Plan City Manager recommending approval of an update for the City of Dubuque's Fiscal Year 2002 REAP (Resource and Enhancement Program) Plan for Dubuque County, including a grant application for the Julien Dubuque Nature Trail. RESOLUTION Authorizing a grant application for Iowa Department of Natural Resources REAP Funds for the Juiien Dubuque Nature Trail, a portion of the Hedtage Trail Extension Suggested Disposition: Receive and File; Approve; Adopt Resolution REAP - MVM Memo REAP - Staff Plerao REAP Plan Grant - Staff Memo Grant - Costs Grant Application Heritage Trail Map Certified Local Govemment (CLG) Grant for Design Guidelines City Manager recommending approval for the submission of an application to the State Historic Preservation Office for a Certified Local Government (CLG) Grant application to provide design review training. RESOLUTION Approving the submission of an application for certified Local Government Grant to provide design review training Suggested Disposition: Receive and File; Adopt Resolution 9 Civil Service Commission Civil Service Commission submitting the certified list for the positions of Foreman and Equipment Mechanic. Suggested Disposition: Receive and File; Make a Matter of Record Foreman Lb' Equipment Hechanic Supplement No. 50 City Manager recommending adoption of Supplement No. 50 to the Code of Ordinances. RESOLUTION Adopting Supplement No. 50 to the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Penalties for Tobacco Permit Holders City Manager recommending that a hearing be set for August 20, 2001 to consider assessing civil penalties to thirteen businesses for underage tobacco sales. Suggested Disposition: Receive and File; Hearing 8/20101 Penalties - HVM Penalt~s - Staff Memo Nemo Fireworks Display Request from the Dubuque Jaycees, KDTH, KATF and KGRR Radio to conduct a fireworks display on Wednesday, July 3, 2002, in the vicinity of the Hawthorne Street Boat Ramp. Suggested Disposition: Receive and File; Approve 10 10. 11. Recycling Services Contract City Manager recommending approval of a new recycling services contract with Browning Ferris Industries (BFI). Suggested Disposition: Receive and File; Approve Contract Iowa Depa,b,,ent of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA) City Manager recommending approval of a contract with the Iowa Depad~nent of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a renewed agreement with the VNA for services. RESOLUTION Authorizing the City Manager or his designee to sign a contract with the Iowa Department of Public Health and an agreement with the Dubuque Visiting Nurse Association. SUggested Disposition: Receive and File; Adopt Resolution [DPH - t4VM Memo [DPH - S~aff Memo rNA Resolution [DPH Conb~ct VNA Agreement 12. Mechanics Addition - Plat of Survey City Manager recommending approval of the plat of survey of Lots 138, 139, and the east six feet of Lot 155 in Mechanics Addition. RESOLUTION Approving plat of survey of Lots 138, 139, and the east six feet of Lot 155 all in Mechanics Addition Suggested Disposition: Receive and File; Adopt Resolution Mechanics - MVM Plechanics - Staff Mecf~nics - Mechanics - Plat Memo Memo Resolution 11 13. Riverwalk Third Addition - Plat of Survey City Manager recommending approval of the plat of survey for the Riverwalk Third Addition which delineates the project boundary for the Mississippi Education and Conference Center. RESOLUTION Approving Plat of Survey of Lot 3 of Riverwalk Third Addition Suggested Disposition: Receive and File; Adopt Resolution River.rail( - ~ RJvemralk - Staff Riverwalk - Riverwalk - Plat IVlemo Memo Resolution 14. Local Law Enforcement Block Grant (LLEBG) City Manager recommending approval of the submission of a Local Law Enforcement Block Grant application to the United States Bureau of Justice Assistance~ Suggested Disposition: Receive and File; Approve I I I=BG - MVM Memo I I FRP - St~ Memo 15. 16. Vacant Building Status Report City Manager submitting the Vacant Building Status Report as prepared by the Housing and Community Development Department. Suggested Disposition: Receive and File Vacant Bldgs Reporic Legislative Correspondence Communication of City Manager to Congressman Greg Ganske advising of the City's concam with HR 1542, the "Tauzin-Dingell Intemet Act" and requesting opposition to this bill as currently written. Suggested Disposition: Receive and File 12 17. ICMA - Govemmentel Affairs and Policy Committee City Manager advising that he has accepted an invitation to serve a three year term on the Governmental Affairs and Policy Committee (GAPC) of the International City/County Management Association. Suggested Disposition: Receive and File 18. 19. Quarterly Investment Report City Manager submitting the City's Quarterly Investment Report through June 30, 2001. Suggested Disposition: Receive and File Quarterly Report- quarterly Rep(xt- Earnings Summary Monthly Investment MVM Memo Staff Memo Summary CD Schedule Schedule of Gty U.S. Treasury Funds Secudties National League of Cities Communication from Donald Borut, Executive Director of the National League of Cities, regarding the opportunity to present proposed amendments to the National Municipal Policy and separate resolutions. Suggested Disposition: Receive and File NLC Let~r 20. Renewal of Section 8 Housing Contract City Manager recommending approval of the renewal contract for Section 8 Housing for the Garfield single room occupancy project. Suggested Disposition: Receive and File; Approve Secl:io~ 8 - NVIel SecUon 8 - Sb~ Section 8 Cobb'act Memo Memo 13 21. 957 Main Street and 965 Main Street- Request to Demolish Corr~unicafion from Bdan J. Kane, representing The Fischer Companies, withdrawing their application to demolish 957 Main Street and 965 Main Street and stating they do not desire to have a public hearing on the matter. Suggested Disposition: Receive and File 22. 23. 4m Business License Refunds Refund of Cigarette License for Caseys General Store on Rockdale Road and Caseys General Store on Peru Road in the amount of $100.00 each. Suggested Disposition: Receive and File; Approve Refund Dubuque Jayceus Request of the Dubuque Jaycees to transfer their liquor license to the Iowa Street Parking Ramp as a rain site for the August 17, 2001 All That Jazz event. Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting the renewal of one license (Arby's Q-Mart) to sell Cigarettes and Cigarette Papers within the City RESOLUTION Granting issuance of a Class "B" Beer Permit to Tri-State Golf Center, Inc.; Class "C" Beer Permit to Amoco Food Shop and IOCO Speede Shoppe #3; and Class "B' (5-Day Special Event) to Dubuque Jaycees (Tent A, B and C) and Music N More RESOLUTION Granting issuance of a Class "C" Beer/Liquor License (Five Day Special Event) to Carlos O'Kelly's, Inc. and The Busted Lift (One Day Outdoor Service); and Class "C' Beer/Liquor License to Los Aztecas Mexican Restaurant Suggested Disposition: Adopt Resolutions agareU~ Resoh~Jon Uquor Resolution 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 August 2, 2001 15