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3 1 04 Agenda with Icons CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING _.~--- Government Body: City Council p Hr r' Date: Monday, March 1, 2004 ~iJ :0 'TI ') .~] :~ñ ',,-j 1"'.:, '..' Time: 6:30 P.M. ",'j ..,.. Place of Meeting: Library Auditorium, 360 W. 11th Street s; ~': CD " ,.. , NOTICE IS HEREBY GIVEN that the above identified governmental body will m~;;;¡- the time, date and place asset forth abolle. The TENTATIVE AGENDA for the meeting is as follows: ADDENDUM TO THI; COUNCIL MEETING OF 3 1 04; ACTION ITEM 5. Grand River Center - Bid Package #3 Retainage Reduction City Manager recommending requests for payment for the Grand River Center and that the retainage be reduced. RESOLUTION Authorizing the release of Retained Funds to J.P. Cullen and Sons, Inc. for the construction of the Grand River Center. Suggested Disposition: Receive and File; Adopt Resolution This notice is given pursuant to Chapter 21, Code of Iowa, 2003, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. J~ , '1 ANY VISUAL Of-t HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CiTY CLERK'S OFFICE AT (563) 589-4120 OR TOD (563) 690 6678 AT LEAST 48 HOURS PRIORTO THE MEETING CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING' 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MARCH 1,2004 INVOCATION President Ken Daughters, Emmaus Bible College CONSENT ITEMS 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. 1. Minutes and Reports Submitted Airport Commission of 1/26; Cable TV Regulatory Commission of 2/11; City Conference Board of 3/14 and 12/3/03; City Council of 2/12; 2/16, 2/19, 2/23 and 2/24; Electrical Code Board of 2/16; Environmental Stewardship Advisory Commission of 2/3; Historic Preservation of 2/18; Housing Code Appeals Board of 1/20; Housing Commission of 1/27; Joint City/County Planning Committee of 2/19; Library Board of 1/22; Long Range Planning Advisory Commission of 2/18; Park and Recreation Commission of 2/1 0; Transit Board of 1/8 Proofs of publication of City Council Proceedings of 2/2,2/9 and 2/12 and List of Claims and Summary of Revenues for month ending January 31, 2004 Convention and Visitors Bureau Quarterly Report Suggested Disposition: Receive and File ~ ~ ~ ~ ~ Airport Cable Regulatory Conference Board of Conference Board of Council of 2/12 3/14 12/3 ~ ~ ~ ~ ~ 1== Council of 2/16 Council of 2/19 Council of 2/23 Council of 2/24 Electncal Code Bd ~ ~ ~ [ijJ] ~ ~ ESAC Histone Preservation Housing Hsg Code Appeals Be Joint Planning Library Bd ~ ~ ~ [i) Long Range Planning Park and Rec Transit Bd CVB Report 4. 2. Notice of Claims/Suits Margaret Cheung for personal injury/vehicle damage; Steve and Kathy Comelius for property damage; Jasmine Leon for property damage; Jason Steinlicht for vehicle damage; Timothy Stierman, Renee Williams, Garold Williams, Gary Cavanaugh, Ruth Speck, Kevin Kelleher, Charles Plein, John Cavanaugh, and Thomas Tierney vs. Dubuque City Council and Dubuque Southgate Development, Ltd. 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: Margaret Cheung for personal injury/vehicle damage; Daniel M. Garner, Jr. for vehicle damage; Jason Steinlicht for vehicle damage Corporation Counsel recommending settlement of the claim of DanE I' Benn for vehicle damage and Jasmine Leon for vehicle damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance Dept to Issue Payment i1 Claims - ¡CAP i1 Claim, Settled 3. Legislative Correspondence Communication of City Manager to area legislators encouraging opposition to efforts to change Land Use authority of local governments. Suggested Disposition: Receive and File; Approve ~ ~ Land Use - MVM Ltr State Legislator Ust Contract for Auction of Personal Property at the Brewery City Manager recommending approval of an agreement with Crompton Corporation to sell the personal property at the Brewery. Suggested Disposition: Receive and File; Approve ~ ~ ~ Contract Brewery - MVM Memo Contract - BAL Ltr 2 8. 5. City Development Board In the matter of the City of Asbury Voluntary Annexation including non-consenting owners - Notice of meeting to consider resistance to Dubuque's motion to dismiss. In the matter of the City of Asbury Voluntary Annexation within the urbanized Area of the City of Dubuque and the City of Dubuque Voluntary Annexation including some land without the consent of the owner - Notice of meeting to consider voluntary annexation within the urbanized area. Suggested Disposition: Receive and File iJ] Annexation #1 iJ] Annexation #2 6. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising that the City of Dubuque's audit report for the period July 1, 2002 through June 30, 2003 has been closed. Suggested Disposition: Receive and File iJ] HUDLtr 7. Pre-Disaster Mitigation Plan City Manager recommending approval of changes to the City of Dubuque Pre-Disaster Mitigation Plan as suggested by the State of Iowa Homeland Security and Emergency Management Division. Suggested Disposition: Receive and File; Approve ~ ~ ~ Plan - MVM Memo Plan - Staff Memo Pre-Disaster Plan Revisions Code of Ordinance Supplement No. 60 . City Manager recommending adoption of Supplement No. 60 to the Code of Ordinances of the City of Dubuque, Iowa. RESOLUTION Adopting Supplement No. 60 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3 9. 10. 11. 12. ~ ~ Code - Staff Memo r§j Code - MVM Memo Code - Resolution' Governor's Traffic Safety Grant City Manager recommending approval of a grant application to the Governor's Traffic Safety Bureau for a three year Governor's Traffic Safety Grant. Suggested Disposition: Receive and File; Approve ~ ~ ~ Grant, MVM Memo Grant - Staff Memo Traffic Safety Grant Appiication Residential Parking Permit District - Cornell Street Communication from residents at 1493 Cornell Street, 509 Loras Boulevard and 1401 Henion Street requesting that their names be removed from the Residential Parking Permit District petition for this area. Suggested Disposition: Receive and File; Refer to City Manager i RPPD Ltr Northeast Iowa School of Music City Manager submitting a letter to the Iowa Community Cultural Grant Committee in support of the Northeast Iowa School of Music's request for funding of a full-time Office Manager. Suggested Disposition: Receive and File; Approve ~ Letter of Support Business License Refund Request of Brandon Merrick, Jumpers Sport Bar and Grill, for a refund of his beer and liquor combination license in the amount of $422.50. Suggested Disposition: Receive and File; Approve 4 13. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to The Clubhouse, PJ's Tap, Eagles Club and Copper Kettle Suggested Disposition: Adopt Resolutions ~ Resolution #1 ITEMS TO BE SET FOR PUBLIC HEARING 1. South Grandview Avenue - Request to Vacate City Manager recommending that a public hearing be set for March 15, 2004 to consider a request from six property owners for the vacating of the northerly portion of an alley west of South Grandview Avenue between Altman Street and Whelan Street. . RESOLUTION Of intent to dispose of City interest in Lots 8A, 9A, 10A, 17A and 20A of Grand View Place and Lot 1A of South Grandview Place, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/15/04 ~ ~ ~ [iJ] [iJ] [iJ] Grandview - Plats S Grandview - MVM S Grandview - Staff Memo Memo S Grandview - Resolution Grandview - Vicinity Grandvlew - Ltrs Map 2. Seward Street - Request to Vacate Communication from Gerald and Christine Penhollow requesting to purchase a portion of a City street and alleys abutting property at 777 Seward Street. City Manager recommending that a public hearing be set for March 15, 2004 to consider a request from Gerald and Christine Penhollow to vacate Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition. RESOLUTION Of intent to dispose of City interest in Lot 13A, Lot 16A, and Lot 20A in C.H. Meyer's Addition, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/15/04 ~ ~ ~ [iJ] [iJ] Seward - Resolution Penhollow Ltr Vicinity Map Seward - MVM Memc Seward - Staff Memo 5 3. Utility Easement - Carter Road Detention Basin City Manager recommending that a public hearing be set for March 15, 2004 to consider the vacating of a utility easement in the area of the embankment for the Carter Road detention facility to ensure the structural integrity of the embankment. RESOLUTION Of intent to dispose of interest and vacate a utility easement over Lot 2 of Whites Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/15/04 ~ EJ ~ iJ] Easement - Vicinity Map ~ ~ EJ Easement - MVM Memo Easement - Staff Memo Reiease of Easement Easement, Resolution 4. Flood Hazard Mitigation Demolition Project - Phase 1/ City Manager recommending initiation of the public bidding process for the Flood Hazard Mitigation Demolition Project - Phase II and that a public hearing be set for April 5, 2004. RESOLUTION Approving plans and specifications RESOLUTION Setting date for public hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/5/04 ~ ~ ~ Phase II - MVM Memo Phase II - StEfl Memo Phase II ' Resolutions. 5. Greater Downtown Urban Renewal District City Manager recommending adoption of a Resolution of Necessity that begins the process of creating a new Greater Downtown Urban Renewal Plan, combining the existing Downtown Dubuque and Ice Harbor Urban Renewal Districts, and setting a public hearing for April 19, 2004 to consider the new plan. RESOLUTION Of Necessity finding that the area included in the Greater Downtown Urban Renewal District is a blighted area and that the rehabilitation and redevelopment of the District is necessary and appropriate in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/19/04 6 ~ ~ ~ District - MVM Memc Distrtct - Staff Memo District - Resolution' BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (One 3-Year Term Through 2/15/04 from Low/Moderate Income Area: Applicant: Michael Gukeisen Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06) Applicant: Thomas G. Swift Appointments to the following Board: Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06 and Three 3-Year Terms Through 1/11/07 - Schaub, Kinsella, Swift) Applicants: William J. Kinsella, Robert Schaub, Edward Swift ~ ~ iJ CDAC Application iJ Hsg Bd of Appeals Applications Bd and Comm üst Overview Sheet PUBLIC HEARINGS SUSPEND THE RULES 1. Residential Parking Permit District - Rosemont Street Proof of publication on notice of hearing to consider the establishment of a Residential Parking Permit District on Rosemont Street between Pennsylvania Avenue and Creston Court and City Manager recommending approval. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (A) of Section 32-397 thereof providing for the designation of Rosemont Street from Pennsylvania Avenue to Creston Court as a Residential Parking Permit District Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ Rosemont - MVM Memo Rosemont - Staff Memo Rosemont - Ordinance Suggested Motion 7 Material from February 16, 2004 Meeting 6@}] 6@}] 6@}] iJ] iJ] Rosemont - MVM Rosemont - Staff Rosement - Rosemont - Map RPPD Petition and Memo Memo Resolution Ltrs 2. Fremont Avenue Reconstruction Project Proof of publication on notice of hearing and notice to bidders and City Manager recommending approval of the plans and specifications for the Fremont Avenue Reconstruction Project. RESOLUTION Adopting plans and specifications RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Fremont Avenue Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution 6@}] 6@}] 6@}] . Fremont - MVM Memo Fremont - Staff Memo Fremont - Resolutions Fremont Bid Tab Material from February 2, 2004 Meeting 6@}] 6@}] ~ Fremont - MVM Fremont - Staff Fremont - Memo Memo Resolutions Fremont - Assessments REINSTATE THE RULES ACTION ITEMS 1. Harvest View Estates Fifth Addition - Final Plat City Manager recommending approval of the final plat for the Harvest View Estates Fifth Addition. RESOLUTION Approving the final plat of Harvest View Estates Fifth Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~ ~ 6@}] iJ] iJ] Plat - Resolution Plat - Staff Report Plat - Vicinity Map HalVest View Plat Plat - MVM Memo Plat, Staff Memo 8 2. Joint City/County Fringe Area Policy Agreement Communication from the Joint City/County Planning Committee recommending adoption of the Fringe Area Policy Agreement between the City of Dubuque and Dubuque County for the two mile fringe area around Dubuque. Long Range Planning Advisory Commission recommending adoption of the Fringe Area Policy Agreement as developed by the Joint City/County Planning Committee. Communication from Planning Services Manager Laura Carstens to Dubuque County Zoning Administrator Anna O'Shea providing information about pre-annexation agreements. Minutes of the February 19, 2004 Joint City/County Planning Committee. RESOLUTION Adopting a Fringe Area Policy Agreement between Dubuque County and the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ ~ Policy - Joint Ltr Policy - LRPAC Ltr Policy-Resolution Policy Agreement w ~ ~ ~ Fringe Area Map Administrative Process Carstens Ltr Minutes 3. Stormwater Utility Credit Policy City Manager recommending adoption of the Stormwater Management Utility Policies and Procedures Manual prepared by City staff and CDM, the City's stormwater utility consultant, and the procedures and policies established within the manual Suggested Disposition: Receive and File; Approve ~ ~ It Utility - MVM Memo Utility - Staff Memo Utility Policy & Procedures Manual Note: Manual also provided as hard copy. 9 4. Busted Lift Special Event , City Manager submitting information regarding the Busted Lift's request to hold a St. Patrick's Day event and to extend the outdoor service area to encompass the First Street Extension. Suggested Disposition: Receive and File; Council Direction ~ EJ ~ [i) Busted Uft Application Busted Uft ' MVM Memo Busted Uft - Staff Memo 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. CLOSED SESSION Property Acquisition - Chapter 21.5(1)0) 2003 Code of Iowa Jeanne F. Schneider February 26, 2004 10