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2 5 10 City Council AgendaCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING AGENDA MONDAY, FEBRUARY 5, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Reverend Anthony Noel, Pastor of Abundant Harvest Church of God FRENCH STUDENT PROGRAM Introduction of students from Divine Word Seminary 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: Building Code Board of Appeals (2 Vacancies): Chuck Carr (General Contractor); Richard Luchsinger (At-Large) Community Development Advisory Commission (4 Vacancies): James Giesen (At-Large); Charles Isenhart (Census Tract #1) Environmental Stewardship Advisory Commission (2 Vacancies): Art Sunleaf APPOINTMENTS to the following Boards/Commissions: Environmental Stewardship Advisory Commission {2 Vacancies): Leslee Spraggins ACTION ITEMS Dubuque Golf and Country Club - Stop Sign Change Request City Manager recommending approval of a request from the Dubuque Golf and Country Club to reassign the right-of-way to Bradley Street at Rider, and to place an additional stop sign for northbound vehicles on Perry at Rider. ORDINANCE Amending the Code of Ordinances of the CiW of Dubuque, Iowa, by modifying Subsection (b) of Section 32-21zt thereof providing for the addition of a stop sign on Perry Street at Rider Street and a change of designation at Rider Street and Bradley Street Suggested Disposition: Receive and File; Motion B; Motion A Design Review Process - Town Clock Plaza Communication from the Historic Preservation Commission requesting that they be permitted to participate in the future design review process for improvements to the Town Clock Plaza area. Suggested Disposition: Receive and File; Council Decision Amendment to Building Code Demolition Districts City Manager recommending an amendment to the Code of Ordinances pertaining demolition permits. ORDINANCE Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4 pertaining to waiting period for demolition permits Suggested Disposition: Receive and File; Motion B; Motion A Loras College - Right-of-Way Construction Ordinance City Manager recommending approval of a request from Loras College to utilize public right-of-way to install a water supply line for their geothermal system for the new Academic Resource Center. ORDINANCE Authorizing Loras College to construct a geothermal water service Suggested Disposition: Receive and File; Motion B; Motion A Hazard Mitigation Plan City Manager recommending appointments to the Hazard Mitigation Plan Task Force Committee. Suggested Disposi~on: Receive and File; Approve; Council Appointment 2 COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING Oak Street Sanitary Sewer City Manager submitting documents providing for construction of the Oak Street Sanitary Sewer Extension Project. RESOLUTION Preliminary approval of plans and specifications for project in estimated amount of $112,344.65 RESOLUTION Fixing date of hearing on plans and specifications for March 5, 2001 RESOLUTION Preliminary approval of Resolution of Necessity for project RESOLUTION Fixing date of hearing on Resolution of Necessary for March 5, 2001 RESOLUTION Approving preliminary Schedule of assessments RESOLUTION Ordering bids RESOLUTION Authorizing Eminent Domain proceedings to be initiated to acquire sanitary sewer easements for construction of the Oak Street sanitary sewer Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/5/01 Allan J. Becker - Request to Vacate City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Allan J. Becker, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc., to vacate a portion of Kerper Boulevard. RESOLUTION Approving plat of a portion of Kerper Boulevard (Lot 2A of Bradley Place) ORDINANCE Vacating a portion of Kerper Boulevard (Lot 2A of Bradley Place) RESOLUTION of Intent to dispose of City interest in Lot 2A of Bradley Place, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Heating 2/19/01 3 Area Residential Care, Inc. - Request to Vacate City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Area Residential Care, Inc., to vacate a portion of Kerper Boulevard. RESOLUTION Approving plat of a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3) ORDINANCE Vacating a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3) RESOLUTION of Intent to dispose of City interest in Lot 2A, Block 15, River Front Subdivision No. 3, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 2119/01 Thomas Luksstich and Steve Smith - Request to Vacate City Manager recommending that a public hearing be set for February 19, 2001, to consider a request from Thomas Luksetich and Steve Smith to vacate a portion of Kerper Boulevard. RESOLUTION Approving plat of a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3) ORDINANCE Vacating a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3) RESOLUTION of Intent to dispose of City interest in Lot 2A, Block 15, River Front Subdivision No. 3, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 2/19/01 Fiscal Year 2002 Annual Action Plan City Manager recommending that a public hearing be set for February 26, 2001 to consider the Fiscal Year 2002 Community Development Block Grant Annual Action Plan. RESOLUTION Setting a public hearing on the Program Year 2001 (Fiscal Year 2002) Community Development Block Grant (CDBG) Budget Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2126101 United Rental Property / City of Dubuque - Proposed I.ease City Manager recommending that a public hearing be set for February 19, 2001, to consider a proposed lease agreement between the City and United Rentals, Inc. RESOLUTION of Intent to dispose of an interest in real property by lease with United Rentals, Inc. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/19/01 Amendment to Stout Place Urban Revitalization District {Iowa Inn Project) City Manager recommending that a public hearing be set for Monday, March 5, 2001 to consider amending the Stout Place Urban Revitalization Plan (Iowa Inn Project). RESOLUTION Setting a public hearing on a proposal to amend City of Dubuque Ordinance #12-98 Establishing the Stout Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 315/01 CONSENT ITEMS Minutes Submitted Airport Commission of 12/28/00, 1/03, and 1/O8; Cable Community Teleprogramming Commission of 1/9; City Council of 1/11 and 1/15; Civil Service Commission of 12/27/00; Environmental Stewardship Advisory Commission of 1/9; Five Flags Commission of 12/18/00 and 1/15/01; Housing Commission Trust Fund of 1/18; Human Rights Commission of 11/13/00; Investment Oversight Commission of 1/18; Long Range Planning Advisory Commission - Downtown Planning Committee of 1/8; Park and Recreation Commission of 1/9; Transit Board of 1/17 Proof of Publication for,Council Proceedings of 1/2/00, 1/11, and 1/15; Printed Council Proceedings for December 2000 Finance Director submitting the Financial Reports for the month ending December 31, 2000; Quarterly Report of the Investment Oversight Advisory Commission Substance Abuse Services Center Second Quarter Report. Suggested Disposition: Receive and File; Approve as PHntad 5 Notice of Claims/Suits Ross Ball in estimated amount of $270 for property damage; Thomas J. and Michelle M. Frick in undetermined amount for vehicle damage and personal injuries; Grove Tool, Inc. in estimated amount of $209 for vehicle damage; Kathleen M. Kane in estimated amount of $48.74 for vehicle damage; Mackenzie Kylmanen for personal injuries; Kelly Larson in undetermined amount for vehicle damage; Lois Link in undetermined amount for vehicle damage; Mercy Health Center in estimated amount of $191.20 for property damage; Klm Mesch in estimated amount of $367.41 for property damage; Monte Carlo Restaurant in undetermined amount for loss of business; Brian C. Noel in undetermined amount for vehicle damage; Mary C. Oglesby in undetermined amount for personal injuries; Susan A. Walgamuth in undetermined amount for vehicle damage Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation and Report Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vicki Bechen for property damage; Ronnie Hess for vehicle damage; Thomas and Michelle Frick for vehicle damage; State Farm Insurance for property damage; The Shot Tower Inn for loss of business; and John Vollenweider for vehicle damage. Suggested Disposition: Receive and File; Concur Corporation Counsel recommending settlement of the claims of David and Monica Ackley in the amount $275.53 for vehicle damage; Grove Tool, Inc. in the amount of $209 for vehicle damage; Kelly LeFevour in the amount of $114.18 for tire damage; and Mercy Medical Center in the amount of $191.20 for property damage, and that the Finance Director be directed to issue the appropriate checks. Suggested Disposition: Receive and File; Finance Director to issue checks Corporation Counsel recommending denial of the property damage claim of Ross Ball; the property damage claim of Don Ernzen; and the vehicle damage claim of Rhonda Got-to. Corporation Counsel recommending that the sewer backup claim of Dolores M. Kotz be referred to Tschiggfrie Excavating Company. Suggested* Disposition: Receive and File; Concur Corporation Counsel advising that the property damage claim of Phil Meyer has been forward to County Attorney Fred McCaw for payment. Suggested Disposition: Receive and File 6 .. Citizen Communications Communication of Peter Seitz regarding radon levels within the City. Communications of Dick Wertzberger and Waiter Pregler regarding the Town Clock Plaza issue. Suggested Disposition: Receive and File Plastic Center, Inc./United Rental Property City Manager recommending approval of a Purchase Agreement with Plastic Center, Inc. for purchase of the United Rental Property. Suggested Disposition: Receive and File; Approve Dubuque Metropolitan Area Solid Waste Agency Communication from Jan Hess, Agency Secretary, submitting the tipping fees and budget for the Dubuque Metropolitan Area Solid Waste Agency Landfill for Fiscal Year 2002. Suggested Disposition: Receive and File Civil Service Commission Civil Service Commission submitting the certified lists for the positions of information Technology Specialist and Truck Driver. Suggested Disposition: Receive and File; Make a Matter of Record Housing Services - Annual Rental Survey City Manager submitting the fifth edition of the annual "River Town Rents" survey from the Housing Trust Fund Committee. Suggested Disposition: Receive and File Eighth Street- Accaptanca City Manager recommending acceptance of the Eighth Street Reconstruction Project in the final contract amount of $1,169,718.88. RESOLUTION Approving final estimate RESOLUTION Accepting improvement RESOLUTION Adopting the final assessment schedule for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on al unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Suggeet~~: Recaiv® and File; Adopt R~ 7 9. RISE Application - Chavenelle Road Extension West from Seippel Road City Manager recommending approval of a RISE Grant application for a new Chavenelle Road extension west from Seippel Road into the westerly 40 acres of the Dubuque Industrial Center West. RESOLUTION Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the extension of Chavenelle Road west from Seippel Road Suggested Disposition: Receive and File; Adopt Resolution 10. Excess Risk Insurance Policy City Manager recommending approval of the Excess Risk Insurance Policy with Allianz for the City's health, prescription drug and dental insurance plans. Suggested Disposition: Receive and File; Approve 11. Lease Agreement with Tri-State Modelers City Manager recommending approval of a lease agreement with the Tri-State Modelers for a section of the former Roosevelt Park, Suggested Disposi~on: Receive and File; Approve Lease 12. Five Flags Theater Rest Room Renovation Project - Acceptance City Manager recommending acceptance of the Five Flags Theater Rest Room Renovation Project in the final contract amount of $142,968.10. RESOLUTION Approving final estimate RESOLUTION Accepting improvement Suggested Disposition: Receive and File; Adopt Resolutions 13. Five Flags Center Lavatory Stations Replacement Project City Manager recommending acceptance of the Five Flags Center Lavatory Stations Replacement Project in the final contract amount of $38,959. RESOLUTION Approving final estimate RESOLUTION Accepting improvement Suggested Disposi~on: Receive and File; Adopt Resolutions 8 14. U.S. Depa, b,,ent of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development (HUD) advising of the City's revised allocations for various HUD programs. Suggested Disposition: Receive and File 15. Expansion of the Bottle Bill Communication from the Environmental Stewardship Advisory Commission supporting the continuation and expansion of the Iowa Beverage Container Deposit Law. 16. 17. 18. 19. RESOLUTION Supporting the expansion of the Iowa Beverage Container Deposit Law Suggested Disposition: Receive and File; Adopt Resolution Iowa Department of Transportation Communication from the Iowa Department of Transportation advising that they have received the City's letter regarding hospital signing on U.S. 20 in Dubuque and offering to meet with Mayor Terry Duggan. Suggested Disposition: Receive and File; Refer to City Manager Cable Television Franchises Communication of City Manager to Senator Thomas Flynn urging active opposition to Senate File 47 which discourages the granting of additional cable television franChises in Iowa communities. Suggested Disposition: Receive and File; Concur Harbor Community Investment City Manager recommending acceptance of the warranty deed from Harbor Community Investment, LLC. RESOLUTION Accepting Warranty Deed for real estate in Dubuque County, Iowa from Harbor Community Investment, LLC Sugge=[ed Disposi~on: Receive and File; Adopt Resolution Quarterly Investment Report City Manager submitting the Quarterly Investment Report. Suggested Disposition: Receive and File 9 20. Business Licenses RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Town Clock Inn, Chi-Chi's Mexican Restaurant, Hammerheads Bar/Billiards, Goetz's, Best Western Dubuque Inn, Pusateri's, and Busted Lift; and Class 'B" Wine Permit to EconoFoods #471 RESOLUTION Granting issuance of a Class "C" Beer Permit to Dubuque Discount Gas (2), Oky Doky #8, and EconoFoods #471 Suggested Disposition: Adopt Resolutions 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 (Iowa Code Chapter 21.5(1)(j) Jeanne F. Schneider 1:00 p.m. February 1, 2001 10