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7 7 03 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JULY 7, 2003 INVOCATION Reverend Matthew Harris, Pastor of The Bridge Christian Church CONSENTITEMS 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. Minutes and Reports Submitted City Council of 6/16 and 6/23; Civic Center Commission of 4/14 and 5/19; Community Development Advisory Commission of 4/30 and 5/28; Downtown Planning Committee of the Long Range Planning Commission of 6/9; Historic Preservation Commission of 6/19; Housing Commission of 5/27; Mechanical Board of 6/25; Park and Recreation Commission of 6/10; Zoning Board of Adjustment of 6/26 Proofs of publication of City Council Proceedings of 6/2 and 6/16, and List of Claims and Summary of Revenues for month ending May 31, 2003. Pdnted Council Proceedings of April, 2003. Suggested Disposition: Receive and File; Approve as Printed Council of 6/16 Council of 6/23 Civic Ctr of 4/14 Civic Ctr of 5/:[9 CDAC of 4/'30 CDAC of 5/28 Downtown Planning HPC Housing Plechanical Bd Park and Rec Zoning Bd of Adj Proceedings Notice of Claims/Suits Mark Friedenberger for vehicle damage; Mike and Jodi Hoskins for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel recommending settlement of the claim of Mike and Jodi Hoskins for vehicle damage and denial of the portion of the claim for lost wages. Corporation Counsel recommending settlement of the claim of Michael Bartolotta for towing fees and denial of the portion of the claim for vehicle storage. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment Hoskins Claim Bari:oloff. a Claim Fiscal Year 2004 Budget Amendment Communications from citizens regarding the proposed Fiscal Year 2004 budget amendment. Suggested Disposition: Receive and File Budget Lbs Requests to Purchase City Property Communication from M. Kathryne Bauerly requesting to purchase a portion of a City alley abutting property at 145 South Grandview. Communication from John E. Knox, The Finley Hospital, requesting to purchase a portion of a City alley abutting The Finley Hospital property at 1408 Delhi Street. Request of Bill and Patty McQuire to purchase a portion of a City alley abutting their property at 750 Montcrest Street. Suggested Disposition: Receive and File; Refer to City Manager Bauerly Lb' Finley Lb' NcQuire Lb' 2 Supplement No. 58 to the Code of Ordinances City Manager recommending adoption of Supplement No. 58 to the Code of Ordinances. RESOLUTION Adopting Supplement No. 58 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Code - MVM Memo Code - Staff Memo Code - Resolution Midwest Architectural Salvage Warehouse Communication from the Historic Preservation Commission to Vance DeLire advising that the Commission is in full support of the creation of the Midwest Architectural Salvage Warehouse. Suggested Disposition: Receive and File Worker's Compensation Excess Insurance City Manager recommending approval of the renewal rates submitted by Safety National for the City's Worker's Compensation Excess Insurance effective July 1, 2003. Suggested Disposition: Receive and File; Approve InsuranCe - MVM Insurance - Staff Insurance Proposal Memo Memo Voluntary Annexation Request Communication from the City Manager to the Mayor of Asbury requesting that the Asbury City Council deny the voluntary annexation request of Joel Callahan, Callahan Construction, Inc. Suggested Disposition: Receive and File Annexation Lb' 3 Dubuque Main Street, Ltd. Communication from Bob Felderman, President of Dubuque Main Street, Ltd., thanking the Council for their support of the Dubuque Main Street, Ltd, 2020 District Plan. Suggested Disposition: Receive and File Main Street Ltr 10. 11. 12. Flat Iron Park Renovation Project City Manager recommending acceptance of the Flat Iron Park Renovation Project as completed by Fondell Excavating in the final contract amount of $124,505.34 RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolution Flat Iron - MVM Flat Iron - Staff Rat Iron - Resolution Flat Iron - Resolution Memo Memo #1 #2 State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the George W. Rogers Company Shot Tower was listed in the National Register of Historic Places effective May 22, 2003. Suggested Disposition: Receive and File State Historical Society Ltr West Locust Street Storm Sewer Project City Manager recommending acceptance of the West Locust Street Storm Sewer Project as completed by Connolly Construction in the final contract amount of $183,821.32. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolution 4 13. 14. W Locust - MVM W Locust - Staff Merno Memo W Locust - Resolution #! W Locust - Resolution #2 Grand River Center- Bid Package #1 City Manager recommending acceptance of the Grand River Center- Bid Package #1 Project as completed Kraemer Brothers, LLC, in the final contract amount of $1,665,043.68. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolution Center - FIVN Hemo Center - Staff Memo Center - Resolution #! Center - Resolution Kraemer - Change #2 Order Main Street Buildings' Litigation Corporation Counsel requesting approval of the terms of the settlement agreement in the Main Street Buildings' Litigation and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Approve; Finance to Issue Payment Main St - BAL Ltr 15. Iowa Department of Transportation - Pre-Design Agreement City Manager recommending approval of a Pro-Design Agreement between the City of Dubuque and the Iowa Department of Transportation for improvements to US 20 relating to the proposed new US 20 Mississippi River Crossing Project. RESOLUTION Approving Pre-Design Agreement between the City of Dubuque and the Iowa Department of Transportation for the new US 20 Mississippi River Crossing Project Suggested Disposition: Receive and File; Adopt Resolution 5 IDOT- MVM Memo IDOT Agreement IDOT - Staff Memo IDOT - Resolution IDOT - Exhibit A IDOT LeU:er 16. 17. 18. Dubuque Hardwoods/Miller Logging/Peavey Grain Redevelopment Project City Manager recommending approval of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Dubuque Hardwoods/Miller Logging/Peavey Grain Redevelopment Project. RESOLUTION Authorizing publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for Dubuque Hardwoods/Miller Logging/Peavey Grain Redevelopment Project Suggested Disposition: Receive and File; Adopt Resolution Hardwoods - MVM Hardwoods - Staff Hardwoods - Memo Memo Resolution Hardwoods - Exhibit A Fiscal Year 2003 Annual Action Plan - Amendment ~k5 City Manager recommending approval of Amendment #5 to the City's Community Development Block Grant (CDBG) Fiscal Year 2003 Annual Action Plan. RESOLUTION Approving Amendment #5 to the Fiscal Year 2003 (Program Year 2002) Annual Action Plan for Community Development Block Grant funds. Suggested Disposition: Receive and File; Adopt Resolution Addon Plan - MVM Action Plan - Staff Action Plan - Exhibit A Memo Memo Resolution Office of the Governor Communication from Governor Thomas Vilsack regarding the Iowa Values Fund legislation and the Republican proposals for tax and regulatory changes. Suggested Disposition: Receive and File 6 19. Iowa League of Cities Communication from Susan Judkins and Konni Kay Cawiezell, Iowa League of Cities, requesting that the City Manager participate on the League's Legislative Policy Committee for the 2004 legislative session. Suggested Disposition: Receive and File; Approve League Lb' 20. 21. Dubuque Area Chamber of Commerce Loan Agreement City Manager recommending approval of a loan agreement between the City of Dubuque and the Dubuque Area Chamber of Commeme, as approved during the Fiscal Year 2004 budget process, to support the marketing efforts of the America's River project. RESOLUTION Approving a loan agreement between the City of Dubuque, Iowa and the Dubuque Area Chamber of Commerce for loan funds for the start-up marketing effort by the Convention and Visitors Bureau for the America's River Project Suggested Disposition: Receive and File; Adopt Resolution Chamber - NVM Chamber - Staff Chamber - Chamber - Loan Memo Memo Resolution Agreement Economic Development Administration - Amendment to Contract City Manager recommending approval of Project Amendment #1 with the Economic Development Administration to extend the start date to December 17, 2003 and the end date to June 17, 2005 for the Adams Company relocation and demolition project. RESOLUTION Authorizing the execution of Project Amendment No. 1 to a contract with the Economic Development Administration Suggested Disposition: Receive and File; Adopt Resolution EDA-MVM Memo EDA - Staff Memo EDA Resolution EDA Le[ter 22. U.S. Department of Housing and Urban Development (HUD) City Manager recommending approval of a Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,481,000 for the program year beginning July 1,2003 and ending June 30, 2004. 7 RESOLUTION Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution HUD - MVM Memo HUD - Staff Memo HUD - Resolution HUD Letter 23. 24. 25. Stormwater Utility Implementation City Manager providing an update on the Stormwater Utility Implementation. Suggested Disposition: Receive and File Stormwater - MVM Update - Staff Memo New Utility Bills Utility - FA(~'S General Questions Memo Transit Trustee Board Communication from the Transit Trustee Board recommending changes to the proposed budget reductions. Suggested Disposition: Receive and File Transit Bd Memo Public Comments Summary Business License Refunds Request of Sumbal Corp for a refund of their beer permit in the amount of $18.75. Request of MVL, Inc. for a refund of their beer and liquor combination license for A and B Tavern in the amount of $633.75. Suggested Disposition: Receive and File; Approve 26. Business Licenses RESOLUTION Granting the issuance of 33 cigarette renewal permits RESOLUTION Granting the issuance of a Class "B" Beer Permit (5 Day Special Event) to Dubuque Jaycees (Tents A, B, and C), Northend Neighborhood Association and Four Mounds Foundation RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Murphs South End, Diamond Jo Casino, Walnut Tap, and Airport Inn; and a Class "B" Wine Permit to Ooh La La 8 Suggested Disposition: Adopt Resolutions Resolution # 1 Resolution #2 Resolution #3 ITEMS TO BE SET FOR PUBLIC HEARING Sale of Real Property at 2521 Stafford Street City Manager recommending that a public hearing be set for July 21, 2003 to consider disposing of real property located at 2521 Stafford Street to Kristy Monahan-Smith. RESOLUTION of Intention to dispose of City-owned property, specifically, Lot TwO (2) of Lot One (1) and the east one-half (E1/2) of Lot Four (4) of Lot Two (2) both in Greiger's Subdivision in the City of Dubuque, Dubuque County, Iowa according to the recorded plat thereof; otherwise known as 2521 Stafford Street Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/21/03 Sale - MVM Memo Sale - Staff ~lemo Sale - Resolution Cooper Development Loan Subordination Agreement City Manager recommending that a public hearing be set for July 21,2003 to consider approval of a Subordination Agreement with Dubuque Bank and Trust Company related to the City's mortgage interest associated with Cooper Development Company's Downtown Rehabilitation Loan. RESOLUTION Declaring the intent of the City of Dubuque, Iowa to subordinate a mortgage interest in certain real estate Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/21/03 Cooper - MVM Hemc Cooper - Staff Memo Cooper - Resolution DB&T Letter 9 BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Civic Center Commission (Two three-year terms to expire 6/29/06 - terms of Dolphin and Fuller): Applicants: Gary Dolphin and Cynthia A. Fuller Historic Preservation Commission (One unexpired three-year term for Old Main District through 7/1/05; One three-year term for Cathedral District through 7/'1/06; One three-year term for At-Large through 7/1/06 - term of Gibbs): Applicant: David C. Stuart (At-Large) Long Range Planning Advisory Commission (Two three-years terms through 7/1/06 - terms of Neumeister and Stein): Applicants: Dr. Mary Lynn Neumeister and Rick Stein Park and Recreation Advisory Commission (One three-year term through 6~30~06 - term of Duggan): Applicant: Chuck Duggan Bd and Comm Ust Overview Sheet Civic Center Apps HPC App Planning Apps park & Rec App ACTION ITEMS Asbury Plaza Detention Facility Communication of Werner Hellmer, representing Joseph and Judy Riniker, requesting to address the Council regarding the Asbury Plaza Detention Facility. City Manager responding to the communication from Werner Hellmer regarding the Asbury Plaza Detention Facility. Suggested Disposition: Receive and File; Council Hellmer Lb' Water Runoff #~. Water Runoff #2 Water Runoff #5 Photo Photo Photo Water Runoff #3 Water Runoff Photo Photo Water Runoff #6 Water Runoff #7 Photo Photo Water Runoff #8 Asbury Plaza - klVFI Asbury Plaza - Staff Photo Hemo Hemo Ltr to Rubloff Dev 10 Acquisition-Relocation Assistance Program for Bee Branch Basin Stormwater Mitigation Activities City Manager recommending approval of policies and procedures for administration of an assistance program to households to be displaced due to stormwater mitigation activities related to the Bee Branch Basin, and beginning acquisition for the 32nd Street Detention Basin. Suggested Disposition: Receive and File; Approve Acquisition - iVNM Policies - Staff Meme Ltr to Property Relocation Policy Mmeo Ownem NOTE: Material also provided as hard copy. Low-Income Subsidy for St~)rmwater Utility City Manager recommending approval of the Iow-income subsidy criteria for the Stormwater Utility that is used by Utility Billing for refuse subsidies. Suggested Disposition: Receive and File; Approve Subsidy - MVM Mem~ Subsidy - Staff Memc Sm Affordable Housing Task Force Report Update City Manager recommending revisions for implementation of the Affordable Housing Task Force 2001 report. Suggested Disposition: Receive and File; Council Task Force - MVM Task Force - Staff Task Force Report Memo Memo RISE Grant for Highway 32 (Southwest Arterial) City Manager recommending approval of the application for a Revitalize Iowa's Sound Economy (RISE) grant from the Iowa Department of Transportation for the construction of Iowa Highway 32 (Southwest Arterial). RESOLUTION Authorizing the filing of an application to the Iowa Department of Transportation Suggested Disposition: Receive and File; Adopt Resolution 11 I~SE - MVN Memo P~SE - Staff Memo P~SE - Resolution RISE Map RISE Application I~SE Support Ltrs Health Services Department Weed Procedures City Manager submitting two options for revisions to the City's weed procedures and requesting City Council direction. ORDINANCE Amending Chapter 42 Vegetation of the City of Dubuque Code of Ordinances by repealing Section 45-52 Notice to Property Owner to Remove; by amending Section 45-53 Compliance with Removal Notice Required; by amending Section 45-54 Collection of Cost of Removal by City; and by repealing Section 45-55 Failure to Comply with Weed Removal Notice After Service of Second Notice ORDINANCE Amending Chapter 45 Vegetation of the City of Dubuque Code of Ordinances by amending Section 45-52 Notice to Owner to Remove; by amending Section 45-54 Collection of Cost of Removal by City and by repealing Section 45-55 Failure to Comply with Weed Removal Notice After Service of Second Notice Suggested Disposition: Receive and File; Council; Motion B; Motion A Weed - MVM Memo Weeds - Staff Memo Weed Ordinance #1 Weed Ordinance #2 Weed Ordinance #:[ Weed Ordinance #2 Weed Procedure Suggested Motion Redlined Redlined Carter Road Detention Basin - Design Parameters City Manager recommending approval of design parameters contained in Option #3 as developed by Veenstra and Kimm for the Carter Road Detention Basin. Suggested Disposition; Receive and File; Approve Carter Rd - MVM Carter Rd - Staff Veenstra & Kimm Lb Memo Memo 12 Sidewalk Caf~ Ordinance City Manager recommending approval of criteria for the placement of sidewalk cafes on public right-of-way. ORDINANCE Amending Chapter 41 Streets, Sidewalks and Other Public Places of the City of Dubuque Code of Ordinances by adding thereto a new Division 6 Sidewalk Cafes Suggested Disposition: Receive and File; Motion B; Motion A Sidewalk Cafe Policy Cafe~ - Staff Memo Cafe~ - Ordinance Suggested Motion Long Range Planning Advisory Commission Appointment of Council representative and alternate to the Long Range Planning Advisory Commission (currently Council Member Buol and Mayor Duggan as alternate) for term from July 1,2003 through June 30, 2004. Suggested Disposition: Receive and File; Council Appointment i0. 11. Safety of the Public City Manager providing information related to citizen safety issues. Suggested Disposition: Receive and File Safety - MVM Memo Safety - Attachment Safety - Attachment #3 #4 NFPA - Staff Memo Safety - Attachment Safety - Attachment #1 #2 Fiscal Year 2004 Budget Amendment City Manager submitting modifications to the Fiscal Year 2004 Budget Amendment recommendations for the July 9, 2003 public hearing. Suggested DispoSition: Receive and File Budget - MVM Memc NOTE: Material provided as hard copy. 13 COUNCIL MEMBER REPORTS 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 July 3, 2003 14