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12 03 01 Agenda w iconsGoveri~i~ent Body: CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING City Council Date: Monday, December 3, 2001 Time: See Below Place of Meeting: See Below NOTICE IS HEREBY GIVEN that the above identified governmental body v~l m~t at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: 4:30 P.M. - Library Rotunda, Second Floor, Dinner 5:00 P.M. - Library Auditorium, Third Floor Update on Master Site Planning, Fourth St. Peninsula 6:30 P.M. - Library Auditorium, Regular Council Meeting, See Agenda. This notice is given pursuant to Chapter 21, Code of Iowa, 2001, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. ~Je'anne F. Schneider, 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 CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, DECEMBER 3, 2001 4:30 P.M. - DINNER - LIBRARY ROTUNDA 5:00 P.M. - SPECIAL MEETING - MASTER SITE PLANNING - PORT OF DUBUQUE 6:30 P.M. - REGULAR MEETING - LIBRARY AUDITORIUM INVOCATION REVEREND DR. DUANE LARSON, PRESIDENT, WARTBURG THEOLOGICAL SEMINARY CONSENT ITEMS (See Pages 4 - 8) The consent agenda items are considered to be murine 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 Interview for the following Board/Commission: Environmental Stewardship Advisory Commission (One unexpired term through 10/01/04) Applicant: John Nemmers Appointment to the following Commission: Community Development Advisory Commission (One unexpired term through 2/15/04 - Census Tract 3 - Currently vacant) Applicant: Richard J. Sullivan Board/Commission Board/Commission CDAC Application ESAC Application Ust Overview PUBLIC HEARINGS SUSPEND THE RULES Vacating Petition - Congress Circle Proof of publication on notice of public hearing and City Manager recommending the sale of City-owned right-of-way on Congress Circle to Mr. N.J. Yiannias, representing Key City Investment Company, in the amount of $35,750. Communication from N. J. Yiannias, President of Key City Investment Company, requesting to purchase Congress Circle for $35,750. RESOLUTION Disposing of City interest in Lot 2A of Westview Shopping Center Place No. 2, Dubuque County, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Congress - I'4VM Yiannias Ltr ~L;!. 27 Congress - Staff Congress - Memo IViemo Resolution Congress - Plat Yiannias Ltr Offer to Purchase Kalb Offer = Ice Rinks and Murphy Tennis Courts Lighting 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 Ice Rinks and Murphy Tennis Courts Lighting Project to Westphal and Company, Inc., in the amount of $108,852.34. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Westphal and Company, Inc., in the amount of $108,852.34 Suggested Disposition: Receive and File; Adopt Resolutions Lighting - MVM Hem, LighUng - Staff Hem( ResoluUon #1 ResoluUon #2 REINSTATE THE RULES 2 m ACTION ITEMS Presentation of Vision Downtown Results Wm. David Rusk to make verbal presentation on the results of the Vision Downtown process. Suggested Disposition: Receive and File Bond Sale to Support America's River Project Components City Manager recommending the sale of $12,360,000 General Obligation Bonds. RESOLUTION Directing the sale of $9,500,000 General Obligation Bonds, Series 2001 RESOLUTION Directing the sale of $2,860,000 General Obligation Bonds, Series 2002 Suggested Disposition: Receive and File; Adopt Resolutions Bond Sale - HVH Resolution #~. Resolutui0n #2 Memo Ward and Precinct Ordinance Modifications City Manager recommending approval of modifications to the City's ward and precinct plan ordinance and map as requested by the State of Iowa and Dubuque County and approval of a revised precinct agreement with Dubuque County. ORDINANCE Amending the City of Dubuque, Iowa Code of Ordinances by repealing Chapter 17, Elections and adopting in lieu thereof a new Chapter 17, Elections, establishing boundaries for four (4) wards and twenty-one (21) precincts. Suggested DispOsition: Receive and File; Motion B; Motion A Wards - HVH Hemo Wards - Staff Hemo Wards - Ordinance Precinct Agreement Precinct Haps Fiscal Year 2003 Policy Guidelines - City Manager recommending adoption of the Fiscal Year 2003 Policy Guidelines for the City of Dubuque. Suggested Disposition: Receive and File; Approve GuideXines - HVH Guidelines - Staff Guidelines Hemo Memo COUNCIL MEMBER REPORTS 3 ITEMS TO BE SET FOR PUBLIC HEARING Dubuque Yacht Basin Lease Agreements City Manager recommending approval of amendments to three lease agreements between the City and Dubuque Yacht Basin to extend the termination dates. RESOLUTION Approving Fourth Amendment to Lease Agreement (April 8, 1970) between Dubuque Yacht Basin, Inc., and the City of Dubuque RESOLUTION Approving Second Amendment to Lease Agreement (February 5, 1974) between Dubuque Yacht Basin, Inc., and the City of Dubuque RESOLUTION Approving Fourth Amendment to Lease Agreement (November 23, 1987) between Dubuque Yacht Basin, Inc., and the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 12/17/01 Lease #2 Resolution #3 Lease #3 CONSENT ITEMS Minutes Submitted Airport Commission of 10/22, 11/11 & 12; 11/15, and 11/18; Building Code Board of Appeals of 11/13; Cable TV Regulatory Commission of 11/14; City Council Proceedings of 11/13 and 11/19; Community Development Advisory Commission of 11/8; Enterprise Zone Commission of 11/15; Five Flags Commission of 11/19; Housing Code Appeals Board of 10/16; Park and Recreation Commission of 11/13 Proof of publication of City Council Proceedings of 11/5/01 Suggested Disposition: Receive and File 4 Airport - 10/22 Airport - 11/11 Airport - 11/15 Airport - 11/18 Building Code Cable TV Council - 11/13 Council - 11/19 Corem Der Adv Enterprise Zone Rye Flags Hsg Code Appeals Bc Comm Park and Rec Notice of Claims/Suits Carla Deutmeyer in estimated amount of $476.78 for personal injury; Dubuque Rescue Mission in undetermined amount for property damage; Dubuque Thunderbirds in estimated amount of $705.00 for missing property; Kenneth M. Metz in estimated amount of $2,429.75 for vehicle damage; Gerald Runde in estimated amount of $159.00 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: Randy Gracheck for Hank's Specialties for vehicle damage Corporation Counsel recommending settlement of the claim of Dale A. Hirsch for vehicle damage in the amount of $175.00 and that the Finance Director be directed to issue payment. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Check Claim - ICAp Claim - Approved = Citizen Communications Communication from Emily Frye, Isaiah Warnake, Abbie Sudmeier and Matt Klinkhammer of Dubuque Senior High School regarding the issue of smoking in public facilities in Dubuque. Communication from Walt Pregler, 2966 Shiras Avenue, regarding the plans for opening of Main Street; and City Manager providing a response. Communication of David S. Hartig requesting to purchase a portion of City-owned property located on Old Mill Road. Suggested Disposition: Receive and File; Refer to City Manager 5 Students Ltr Pregler Ltr MVM Response Hartig Ltr Industrial Park Land Sales City Manager providing a written respense to questions from Bud Isenhart regarding industrial park land sales. Suggested Disposition: Receive and File Land Sales - MVM Land Sales - Staff Memo Memo Sutton Pool Tank Painting - Acceptance City Manager recommending acceptance of the Sutton Pool Tank Painting Project in the final contract amount of $43,051. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount of $43,051 Suggested Disposition: Receive and File; Adopt Resolutions Sutton - MVM Memo Sutton - Staff Memo Sutton - Resolution Sutton - Resolution #t #2 Oak Meadow Second Addition - Acceptance of Public Improvements City Manager recommending acceptance of the public improvements that Jim Stock Realty and Construction has completed in Oak Meadow Second Addition. RESOLUTION Accepting improvements in Oak Meadow Second Addition - Phase 3 (Deerwood Circle) Suggested Disposition: Receive and File; Adopt Resolution Oak Meadow - MVM Oak Meadow - Staff Oak Meadow - Sb:~ck Ltr Final Plat Memo Memo Resolution = National Historic Landmark Status for the Shot Tower City Manager recommending that the Planning Services Department retain a consultant to prepare an application for National Historic Landmark status for the Shot Tower. Suggested Disposition: Receive and File; Approve Shot Tower - HVM Shot Tower - Sf~ Memo Hemo Environmental Stewardship Advisory Commission John S. Bennett submitting his resignation from the Environmental Stewardship Advisory Commission effective December 5, 2001. Suggested Disposition: Receive and File; Accept Resignation Bennett Lb' Dubuque County Supervisors -Abstract of Votes Dubuque County Board of Supervisors submitting the "Abstract of Votes" for the City's general election held on November 6, 2001. Suggested Disposition: Receive and File; Make a Matter of Record Abstract of Votes 10. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising of a new policy for the Community Development Block Grant (CDBG) Program regarding timely expenditure requirements of the program. Follow-up communication from the U.S. Department of Housing and Urban Development regarding the above policy. Suggested Disposition: Receive and File HUD Lb' #! HUD Lb' #2 7 11. Gaming Referendum Legislation Communication of City Manager to area legislators regarding gaming referendum legislation. Suggested Disposition: Receive and File; Approve Legislative Letter 12. Iowa League of Cities Communication from LaMetta K. Wynn, President of the iowa League of Cities, appointing the City Manager to the Policy Committee of the League. Suggested Disposition: Receive and File League of Cities 13. Business Licenses RESOLUTION Granting issuance of a license to sell Cigarettes and Cigarette Papers to Bdcktown Brewery/Underground Stone Wall Lounge RESOLUTION Granting issuance of a Class "C" Beer Permit to the Big 10 Mart RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Bowling and Beyond and Cooper Management Company Suggested Disposition: Adopt Resolutions Resolution #1 Resolution #2 Resolution #3 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 cleady. 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 Pending Litigation - Iowa Code Chapter 21.5(1 )(c) Jeanne F. Schneider November 29, 2001 8