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9 4 01 AgendaCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING TUESDAY, SEPTEMBER 4, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Father Tom Rhomberg PROCLAMATIONS Awareness Day for A-T (September 8, 2001) Alzheimer's Association Member Walk Awareness Day (September 15, 2001) A-T Proclamation Nzheimeds CONSENT ITEMS (See Pages 6-12) 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: Plumbing Board (Three unexpired terms) Applicant: Harlan Willenborg (Master Plumber) Zoning Advisory Commission (One vacancy to expire 711103) Applicants: Ferd Nesler and Ben Rousch Appointments to the following Boards/Commissions: Airport Commission {Two four-year terms to expire 9114/05 - Brotherton and O'Neill) Applicants: Doug Brotherton, Jim O'Neill, and Dale Hirsch Cable Teleprogremming Commission (One three-year term to expire 6~30~04 - Kohl) Applicant: Paul R. Kohl Overview List Bd and Comm List Plumbing Bd App ZAC Applications AirpoFc Apps O'Neill Lb' Cable ApplicaJon w ACTION ITEMS Seippel Road - Speed Limits City Manager recommending that the speed limit on Seippel Road from Old Highway Road to U.S. Highway 20 be raised from 35 miles per hour to 45 miles per hour. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by revising Subsection (C) of Section 32-231 thereof providing for the establishment of speed limits on Seippel Road Suggested Disposition: Receive and File; Motion B; Motion A Seippel Rd - MVM Seippel Rd - Staff Seippel Rd - Seippel Rd Map Seippel Rd Reque~: Memo Memo Ordinance Project Manager - Port of Dubuque City Manager recommending approval of a Request for Proposals for a Project Manager for the Port of Dubuque project. Suggested Disposition: Receive and File; Approve RFP - MVM Memo Project Mgr - Staff Memo RFP - Attachmont C RFP A~achment D Pro.~ed: Mgr RFP RFP - AiIachment A Note: Attachments B and E are enclosed as hard copy. Request to Vacate a Portion of 12th Street City Manager recommending preliminary approval of a request from Greg and Peggy Stover to vacate a 12-foot wide portion of 12th Street right-of-way immediately west of Bluff Street. Suggested Disposition: Receive and File; Approve Stover - MVM Memo Stover - Staff Memo 12th Street Map 2 = Ice Harbor Hotel (Platinum Hospitality) Request for Building Permit City Manage recommending approval of Platinum Hospitality's request for a building permit to construct a 192 room, seven-story hotel with attached indoor Water Park on the Fourth Street Peninsula. Suggested Disposition: Receive and File; Approve = Platinum - ~ Platinum - St3ff HoWl Drawing Pla~dnum ~ ~lemO Nemo National League of Cities Communication from Donald J. Borut, Executive Director of the National League of Cities, requesting that the City designate Voting and Altemate Voting Delegates for the Annual Congress of Cities. Suggested Disposition: Receive and File; Council Designation COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING Mediacom Cable Franchise Extension City Manager recommending that a public headng be set for September 17, 2001 to consider extending the lease of the Mediacom Cable Franchise lease to June 30, 200~. RESOLUTION of the City's intent to grant a short-term extension of an existing cable services franchise and an existing hub site lease to MCCIowa EEC Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9117101 Mediacom - HVH Mediacom - Staff Mediacom - Hediacom - Memo Memo Resolution Agreement Arbor Oaks Easement - Request to Vacate City Manager recommending that a public hearing be set for September 17, 2001 to consider a request to vacate a portion of Arbor Oaks. RESOLUTION of Intent to dispose of interest and vacate utility easement over Lot 23 Block 9 Arbor Oaks in the City of Dubuque, Iowa, Dubuque County, Iowa 3 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9117101 Arbor Oaks - HVN Arbor Oaks - Staff Arbor Oaks - Arbor Oaks - Retease Easement Request Easement Memo Memo Resolution Lease with Iowa State Conservation Commission City Manager recommending that a public hearing be set for September 17, 2001 to consider amending the lease for the I:.B. Lyons Prairie-Woodland Preserve and Nature Interpretive Center with the Iowa State Conservation Commission to include a section of the Rip Row Valley property. RESOLUTION Declaring City Council intent to amend the Lease Agreement with the Iowa State Conservation Commission for the E.B. Lyons Prairie-Woodland Preserve and Nature Interpretive Center Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/17101 Lease - MVH Memo Lease - S~aff Memo Lease - Resotution Lease - Amendment DNR Exhibit m Iowa National Guard Training at Roosevelt Park City Manager recommending that a public hearing be set for September 17, 2001 to consider a usage agreement with the Iowa National Guard allowing them to do training at the former Roosevelt Park. RESOLUTION Declaring City Council intent to enter into an agreement with the Iowa National Guard for a section of the former Roosevelt Park and authorizing a public hearing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9117101 NatJ Guard - IvlVH Nard Guard - Staff Natl Guard - FDR Agreement FDR Park Hen~ Memo Resolution 4 = = Local Law Enforcement Block Grant Award City Manager recommending that a public hearing be set for September 17, 2001 to consider the final acceptance of the 2001 Local Law Enforcement Block Grant Award. Suggested Disposition: Receive and File; Public Hearing 9117101 Block Grant - MVM Block Grant - Staff ~emo Memo Fishing Jetty at Bergfeld Recreation Area City Manager recommending initiation of the bidding process for the Fishing Jetty at Bergfeld Recreation Area and that a public hearing be held October 1, 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 1011101 Jet:b/- MVM Merr~ 3ett. y - Staff Memo .1 eUe/- Resolutions Comiskey Park Building - Initiate City Manager recommending initiation of the bidding process for the Comiskey Park Building Project and that a public hearing be held October 15, 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 1011510t Comiskey - MVM Ccmiskey - S~ Comiskey - Memo Memo Resolutions 5 CONSENTITEMS Minutes Submitted City Council Proceedings of 8/20, 8/22, and 8/23, Electrical Code Board of 8/14; Five Flags Commission of 8/21; Housing Code Appeals Board of 5/15 (Corrected); Library Board of 4/25; Park and Recreation Commission of 8/14; Zoning Board of Adjustment of 7/26 Minutes of the August 6, 2001 City Council Special Meeting on the opening of Main Street from 5th to 9th Streets Suggested Disposition: Receive and File Council 8 20 Council 8 22 Council 8 23 ElecITical Bd Fh/e Flags Librarf Park and Rec ZBA Hinut~es Dun'ant 8 6 Mtg w Notice of Claims/Suits Sharon Armbruster in estimated amount of $245.00 for personal injury; Gene Chapman in estimated amount of $17.00 for property damage; Karen A. Saboe in estimated amount of $62.90 for property damage; Servicemaster in estimated amount of $102.35 for vehicle damage Crompton Corporation and The Aspermont Company Original Notice of Appeal of Appraisement Award and Resistance to Motion to Dismiss; Agri Industries a/k/a American Grain and Related Industries - Resistance to Motion to Dismiss by Defendant City of Dubuque 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: Sharon Armbruster for personal injury Corporation Counsel advising that the personal injury claim of Joan Schlueter and the vehicle damage claim of Tracy Bums have been administratively closed. Corporation Counsel recommending that the claim of David Fisch for property damage be denied Corporation Counsel recommending settlement of the claims of Jayne Banfield (for Servicemaster) in the amount of $102.35 for vehicle damage, Lisa Greenwood in the amount of $316.22 for vehicle damage, and John Sullivan in the amount of $232.94, and that the Finance Director be directed to issue payment. 6 m Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment Claim - [CAP Claims - Closed Claims - Denied Claims - Settled Citizen Communications Communication of Eric and Bonita Timmerman requesting to purchase City-owned property known as Lot 130 in Lenox Subdivision. Petition requesting repaving of the alley off the east side of Wilson Avenue. Suggested Disposition: Receive and File; Refer to City Manager Timmerman Ltr Wilson Petition Supervisory Control and Date Acquisition System Project - Acceptance City Manager recommending acceptance of the Supervisory Control and Data Acquisition System in the final contract amount of $232,999. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $232,999 Suggested Disposition: Receive and File; Adopt Resolutions SC. ADA - PIVFI ~4emo SCADA - Staff I~emo SC_ADA - Resolution Eagle Point Water Plant Chlorine Feed Room Expansion Project - Acceptance City Manager recommending acceptance of the Eagle Point Water Plant Chlorine Feed Room Expansion Project in the final contract amount of $135,283. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $135,283 Suggested Disposition: Receive and File; Adopt Resolutions C~lodne Room - MVF Chlodr~e Room - Chlorine Room Hemo Staff Nemo Resolutions 7 Pennsylvania Pump Station Project-Acceptance City Manager recommending acceptance of the Pennsylvania Pump Station Project in the final contract amount of $328,796.11. RESOLUTION ^ccepting improvement RESOLUTION Approving final contract amount of $328,796.11 Suggested Disposition: Receive and File; Adopt Resolutions Pump Station - MVM Pump Station - Staff Pump Station - Memo Memo Resolutions Pine Knoll - Acceptance City Manager recommending acceptance of the public sanitary sewer improvements in Pine Knoll Subdivision - Phase I as completed by Kane Development Corp. RESOLUTION Accepting sanitary sewer improvements in Pine Knoll - Phase I Suggested Disposition: Receive and File; Adopt Resolution Pine Knoll - MVM Pine Knoll - Staff Pine Knolls Pine Kno]l Exhibit Memo Memo Resolution U.S. Army Corps of Engineers City Manager recommending approval of an agreement with the U.S. Army Corps of Engineers for repair of the City of Dubuque floodwall. RESOLUTION Approving an agreement with the U.S. Army Corps of Engineers for repair of the City of Dubuque floodwall Suggested Disposition: Receive and File; Adopt Resolution Army Corps - MVM Army Corps - Staff Army Corps - Army Corps Ltr Army Corps Army Corps Maps Memo Memo Resolution /~jmement 966 Liberty Street City Manager recommending the acceptance of a deed to real property located at 966 Liberty Street from the United States of America. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from the United States of Amedca 8 10. 11. t2. Suggested Disposition: Receive and File; Adopt Resolution Liberty St - HVH Liberty - Staff Memo Liberty - Resolution O'Bden Ltr Uberty - Deed Memo Four Mounds Estate Historic Preservation Commission recommending that the Four Mounds Estates Historic District located at 4900 Peru Road be nominated to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve Four Hounds - HPC Four Mounds - Staff Four Mounds Lb. Report: Nomination Town Clock Building Historic Preservation Commission recommending that the Town Clock Building located at 823/825 Main Street be nominated to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve Town C3ock ~ HPC Lb' Town Clock - SI:afl Town Clod( Flemo Nomination Young Men's Christian Association (Iowa Inn) Building Historic Preservation Commission recommending that the former YMCA/Iowa Inn Building located at 125 West Ninth Street be nominated to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve YMCA - HPC Lb' YMCA - Staff Memo YMCA Nomination 13. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Four Mounds Estate Historic Distdct at 4900 Peru Road, the Town Clock Building located at 823 - 825 Main Street and the Dubuque Young Men's Christian Association Building located at 125 West Ninth Street will be considered by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places on October 12, 2001. 9 Suggested Disposition: Receive and File SI3~ Le'~er 14. 15. Demolition Permit- 125 West Ninth Street Historic Preservation Commission recommending approval of the request of MetroPlains/MDI Development for a demolition permit at 125 West Ninth Street. Suggested Disposition: Receive and File; Approve Demolition - HPC L~ Staff' Report Demolition Iowa Department of Economic Development - City Development Board Communication from the City Development Board advising that the City of Asbury has petitioned for a voluntary annexation within the urbandized area of the City of Dubuque. Communication from the City Development Board advising that the City of Dubuque has petitioned for a voluntary annexation within the urbandized area of the City of Asbury. Suggested Disposition: Receive and File Asbury Annexation Dubuque Annex~don 16. Iowa Department of Transportation Communication from the Iowa Department of Transportation in the matter of the condemnation of certain rights in land by the IDOT for the improvement of Primary Road No. U.S. 20 in and south of the City of Dubuque located in Dubuque County, Iowa. Suggested Disposition: Receive and File 1DOT Communicatior 10 17. Great Lakes Aviation, Ltd Communication from the United States Department of Transportation allowing suspension of service by Great Lakes Aviation, Ltd between Dubuque and Chicago O'Hare as of August 25, 2001. Suggested Disposition: Receive and File Great Lakes 18. Commission on Accreditation for Law Enforcement Agencies Communication from the Commission on Accreditation for Law Enforcement Agencies advising that the Dubuque Police Department has been awarded reaccreditation status. Suggested Disposition: Receive and File Accredil3tion Lb' 19. Local Housing Assistance Program Communication from the Iowa Department of Economic Development advising that the City's Local Housing Assistance Program has achieved substantial compliance with financial and program requirements. Suggested Disposition: Receive and File 20. Zoning Advisory Commission Vacancy Communication from the Zoning Advisory Commission advising that Commission Member Bob Nagle no longer lives in the City of Dubuque and requesting that this position be declared vacant. Suggested Disposition: Receive and File; Approve Vacancy - ZAC Lt~ 11 21. Housing Trust Fund Awards City Manager recommending approval of Housing Trust Fund Awards to Maria House ($5,130); Scott and Dawn Potter for the Davis Place SRO facility ($31,884); and the Dubuque Food Pantry ($7,666). Suggested Disposition: Receive and File; Approve Hsg Trus~ Fd - HVH Hsg Trus'l: Fd - S~aff Memo Memo 22. Worker's Compensation Claim Communication from City Solicitor Bill Blum requesting approval of a proposed settlement for a Workers' Compensation claim. Suggested Disposition: Receive and File; Approve Blum lb' 23. Business Licenses RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Happy's Place and Lucky 13 Tap; and Special Class "C' Liquor License to Colts Community Center Suggested Disposition: Adopt Resolution Liquor Resolution PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concem 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 August 30, 2001 12