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3 19 01 Council AgendaCITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING Government Body: City Council Date: Monday, March 19, 2001 Time: See Below Place of Meeting: See Below NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: 5:00 P.M. - Library Rotunda, Second Floor, Dinner 5:30 P.M. - Library Auditorium, Third Floor Town Clock Plaza Design Review 6:30 P.M. - Library Auditorium, Third Floor Regular Meeting - See Attached Agenda This notice is given pursuant to Chapter 21, Code of Iowa, 1999, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. / - ~/Jeanne 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, MARCH 19, 2001 5:00 P.M. - DINNER - LIBRARY ROTUNDA 5:30 P.M. -TOWN CLOCK PLAZA DESIGN - LIBRARY AUDITORIUM 6:30 P.M. - REGULAR MEETING - LIBRARY AUDITORIUM INVOCATION Sr. Marilyn Schlosser, OP, Chaplain, Mercy Medical Center CONSENT ITEMS (See Pages 7-11) 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: Civil Service Commission {One Vacancy): Applicant: Merle J. Duehr, Jr. Mechanical Code Board {Two Vacancies): Applicants: David W, Grothe, Tom W, Giese ~cl and Corem Bd and Corem Duehr ApplicatJon Hechanical Apps Cover Sheet PUBLIC HEARINGS SUSPEND THE RULES 2728 Asbury Road - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 2728 Asbury Road from R-1 Single-Family Residential District to OC Office Commercial District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2728 Asbury Road from R-1 Single-Family Residential District to OC Office Commercial District. Suggested Disposition: Receive and File; Motion B; Motion A 2728 ~sbury-ZAC 2728 A~ury - 2728 Asbury - 2728 Asbury 2728 Asbury - OC 2728 Asbury Hap 2728 A.~bury Site Ltr Staff Report Ordinance Agreement Text Plan 2728 Asbury 2728 Asbury - ApplicaMon LetJ~e~s Residential Perking Permit District (Tabled at December 4, 2000 Meeting) City Manager submitting various alternatives for a Residential Parking Permit District in the Senior High School area and recommending that a public hearing be set for May 7, 2001. Suggested Disposition: Receive and File; Council Direction; Public Hearing 5/7/01 RPPD - MVM RPPD - Staff Memo Memo Leasing of Golf Carts Proof of publication on notice of hearing and City Manager recommending approval of an agreement between the City and Harris Golf Cars (Yamaha Motor Corporation, U.S.A.) for leasing forty new golf carts for a five year period at a cost of $113,000. Suggested Disposition: Receive and File; Approve Agreement Golf Carts - MVM Golf Carts - Staff Goff Carts - Lease Golf Carts - Memo Memo Exhibit A 2 Mississippi River Discovery Center Utility Relocation 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 Mississippi River Discovery Center Utility Relocation Project to McDermott Excavating in the amount of 9369,864.50. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to McDermott Excavating in the amount of 9369,864.50 Suggested Disposition: Receive and File; Adopt Resolutions Discovery Cb' - Discovery Cb- - Discovery Ctr Discovery Ctr- Discovery Ctr - MVM Memo Staff Memo Resolution Award Bid Tap REINSTATE THE RULE LIMITING DISCUSSOIN TO COUNCIL ACTION ITEMS Hearing on Penalties for Tobacco Permit Holders City Manager recommending that hearings be held on the assessment of a civil penalty of 9300 against Five Points Mart, 405 Rhomberg; Eagle's #130, 1800 Elm Street; Hartig Drug, 157 Locust Street; Busted Lift, 180 Main Street; Cue Master Billiards, 900 Central Avenue; Instant Replay, 1602 Central Avenue; Madhatter's Inc., 1091 Main Street; Oky Dok¥ Foods, 1101 Rhomberg; Shannon's Bar & Grill, 521 East 22"d Street; Grandview Milkhouse, 620 South Grandview; and Dubuque Inn, 3434 Dodge Street. Suggested Disposition: Receive and File; Approve Assessments Penal'des - Staff Heckman Lb' Hemo Loan Program - Old Main Property and Business Owners City Manager recommending development of a small business loan program to assist Old Main business and property owners affected by the order to vacate. Suggested Disposition: Receive and File; Approve Loan Program - Loan Program - MVM Memo Staff Memo 3 ,. Amendments to the Historic Preservation Ordinance (Final Reading) ORDINANCE Amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Motion A (Final Reading) HPC Letter HPC Ordinance HPC Ordinance HPC Summary Revi~ons Establishing Fair Market Value - The Aspermont Company (Brewery Property) City Manager recommending establishment of the Fair Market Value for the acquisition of certain real property owned by The Aspermont Company (Brewery Property). RSOLUTION Establishing Fair Market Value for the acquisition of certain real property owned by The Aspermont Company Suggested Disposition: Receive and File; Adopt Resolution /Lspermont - /~permont Aspermont - Urban Renewal Resolution MV~ Memo Resolution Legal Description Plan #241-00 Request for Proposals - Mississippi River Education Center City Manager recommending approval of a Request for Proposal (RFP) for architectural/engineering consulting services for the Education and Conference Center within the Fourth Street Peninsula. Suggested Disposition: Receive and File; Approve RFP - MVM Memo RFP - Staff Memo RFP RFP Exhibit A RFP - Exhibit C RFP - Exhibit D RFP - Timeline Cooper Wagon Works Building - Downtown Rehabilitation Loan City Manager recommending approval of a request from The Cooper Development Company, LLC for funding from the City's TIF-funded Downtown Rehabilitation Loan Program to renovate the former Cooper Wagon Works Building at 390 Main Street. RESOLUTION Authorizing a letter of commitment and additional actions concerning a downtown rehabilitation loan to the Cooper Development Company, LLC Suggested Disposition: Receive and File; Adopt Resolution 4 Cooper - NVM Cooper - Staff Cooper Cooper - Cooper - Memo Herno Resolution Commitment Lb. Busineso Plan Town Clock Building Company - Downtown Rehabilitation Loan City Manager recommending approval of a request from Town Clock Building Company (Cottingham & Butler, inc.) for funding from the City's TIF-funded Downtown Rehabilitation Loan Program to renovate the Town Clock Building at 835 Main Street. = RESOLUTION Authorizing a letter of commitment and additional actions concerning a downtown rehabilitation loan to Town Clock Building Company Suggested Disposition: Receive and File; Adopt Resolution Town aoX- Town Clock - Town aock Town flock - Town aock - MVM Memo Staff Memo Resolution Commitment Lb' Application Cottingham and Butler Insurance Service, Inc. - CEBA Application City Manager recommending approval of the submission of a Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of Cottingham & Butler Insurance Service, Inc. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Cottingham & Butler Insurance Service, Inc. Suggested Disposition: Receive and File; Adopt Resolution CEBA - MVM CEBA - Staff CEBA Resolution CEBA ApplicaMon Memo Memo COUNCIL MEMBER REPORTS 5 ITEMS TO BE SET FOR PUBLIC HEARING Mt. Carmel Sanitary Sewer Project City Manager recommending initiation of the bidding process for the Mt. Carmel Sanitary Sewer Project and that a public hearing be held on April 16, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Preliminary approval of Resolution of Necessity for project RESOLUTION Setting date of hearing on Resolution of Necessity 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 Mt. Carmel Sanitary Sewer Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/16/01 Mt Carmel - MVM Hr. Carme]- Hr. Carmel Mt. Carmel Memo Staff Memo Resolutions Assessments Sanitary Sewer Reconstruction Project - Alley Between Rhomberg and Garfield, from Dock t~ Fengler City Manager recommending initiation of the bidding process for the Sanitary Sewer Reconstruction Project in the alley between Rhomberg and Garfield, from Dock to Fengler and that a public hearing be held on April 16, 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 4/16/01 Alley Sewer - Alley Sewer - Alley Sewer - MVM Memo Staff Memo Resolutions 6 Lease to Telecorp Realty City Manager recommending that a public hearing be set for April 2, 2001 to consider a lease between the City of Dubuque and Telecorp Realty for the placement of a telecommunications tower on the Third Street Water Tower. RESOLUTION of the City's intent to dispose of interest in property described in a lease between the city of Dubuque, Iowa and Telecorp Realty, LLC for the installation and operation of a wireless telecommunication facility Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/2/01 Lease - MVM Lease - Staff Lease - Lease Agreemen~ Memo Memo Resolution CONSENT ITEMS Minutes Submitted Airport Commission of 2/26; Cable Community Teleprogramming Commission of 3/6; City Council Proceedings of 2/7, 2/15, 2/21, 2/26; 2/27, 2/28, 3/5, and 3/6; Historic Preservation Commission of 2/24; Library Board of 1/25; Joint City/County Planning Committee of the Long Range Planning Advisory Commission of 2/26; Park and Recreation Commission of 2/13; Zoning Board of Adjustment of 2/22 Proof of publication of Council Proceedings for 2/15, 2/19, and 2/21 List of Claims and Summary of Revenues for month ending January 31, 2001; City of Dubuque Financial Reports for the month ending February 28, 2001. Cable TV Coundl 2-7 Caundl 2-15 Council 2-26 Cauncil 2-27 Council 2-28 Council 3-5 Coundl 3-6 HPC 2-14 Ubrary Bd 1-25 LRPC 2-26 ZBA 2-22 Suggested Disposition: Receive and File 7 = Notice of Claims/Suits Associates Home Equity Services, Inc., Armella Meyer in undetermined amount for property damage; Kathleen McMullen in estimated amount ~ 193.88 for vehicle damage; Mi-T-M Corp in estimated amount of 91,304.81 for vehicle damage; Public Improvement Claim of Reliable Plumbing, Inc., for City Hall Remodeling Exterior Work Suggested Disposition: Receive and File; Refer to Legal Department 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: Kevin Ament for vehicle damage; Ryan Foley for vehicle damage; Carol A. Friedman for personal injury; James and Mary Kress for property damage. Corporation Counsel recommending denial of the claims of Bill Meyer for vehicle damage and Robert Michels for vehicle damage. Corporation Counsel recommending settlement of the claim of Kathleen McMullen in the amount of t~193.88 for vehicle damage and that the Finance Director be directed to issue the appropriate check. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Check Claims - ICAP (3aims - Denials Claims - Se~Jemen~ Citizen Communication Communication of Mr. and Mrs. Peter J. Eisbach regarding repair of the Hodgden Street Steps. Suggested DisPosition: Receive and File Eisbach Ltr 8 Iowa League of Cities Communication from the Iowa League of Cities advising that Sioux City was chosen to host the 2004 League meeting. Suggested Disposition: Receive and File Iowa League Ltr Villa, Florence and Mountain Lane Sanitary Sewer - Acceptance City Manager recommending acceptance of the Villa, Florence and Mountain Lane Sanitary Sewer Project in the final contract amount of 9179,767.53 and approving the preliminary final schedule of assessments. RESOLUTION Accepting improvement for project RESOLUTION Approving final contract amount of 9179,767.53 RESOLUTION Approving preliminary final schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions Villa - NVM Vi~ - Staff Villa - Resolutions Villa Memo Memo ,6,ssessments Olympic Heights - US 52 - Jackson Street Drainage Improvements - Phase II - Acceptance City Manager recommending acceptance of the Olympic Heights - US 52 - Jackson Street Drainage Improvements - Phase II Project in the final contract amount of 63,307.91. RESOLUTION Accepting improvement for project RESOLUTION Approving final contract amount of 963,307.91 Suggested Disposition: Receive and File; Adopt Resolutions Olympic Heights - Otympic Olympic Heights MVM Memo Heights-Staff Men Resolutions 9 Long Range Planning Advisory Commission Communication from Laura Carstens, Planning Services Manager, advising of the resignation of Steve Cooper from the Long Range Planning Advisory Commission. Suggested Disposition: Receive and File Resignation - Ceop~r Letter Staff Memo Dakota, Minnesota and Eastern Railroad Communication of City Manager to Victoria Rutson, Environmental Project Manager, regarding the Dakota, Minnesota and Eastern Railroad. Suggested Disposition: Receive and File Railroad Letter Railroad Maps 10. Deer Management Plan Communication from the Environmental Stewardship Advisory Commission and City Manager recommending continuation of the deer management program as outlined in the attached Deer Management Plan Suggested Disposition: Receive and File; Concur Deer Mgmt - Deer Mgmt - Deer Pan Deer Mgmt Plan Deer Population Deer Mgmt MVM Memo S~aff Hemo Amendment Survey Deer Mgmt ESAC LIT Survey 2 Fiscal Year 2001 Annual Action Plan - Amendment #4 City Manager recommending approval of Amendment #4 to the Community Development Block Grant (CDBG) Fiscal Year 2001 Annual Action Plan to provide for additional improvements to Flat Iron Park. RSOLUTION Approving Amendment #4 to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution 10 11. 12. 13. Action Plan - Action Plan - Action Plan A~on Plan - MVM Memo Staff: Memo Resolution Exhibit A Renewal of Section 8 Program Contracts City Manager recommending approval for the renewal of the annual contributions contract with the US Department of Housing and Urban Development (HUD) for expiring Section 8 Moderate Rehabilitation Program units. Suggested Disposition: Receive and File; Approve Section 8 - MVH Seddon 8 - Staff Section 8 Nerno Memo Contrac~ US Army Corps of Engineers - Public Notice Notice from the US Army Corps of Engineers regarding a proposed project by Peavey Company to expand an existing commercial docking facility on the Mississippi River. Suggested Disposition: Receive and File US Army Corps Letter Business Licenses RESOLUTION Granting issuance of a Class "B" Beer Permit to 8th Inning and a Class "C" Beer Permit to Arby's Q Mart RESOLUTION Granting issuance of a Class ~C" Beer/Liquor License to P.J. Tap, Dubuque Greyhound Park/Casino, The Busted Lift, Eagles Club #568, Kat's Pub, and Knights of Columbus Council #510 Suggested Disposition: Adopt Resolutions Beer ResolutJon Uquor Resolution 11 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 1:00 p.m. March 15, 2001 12