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5 3 04 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. - GOLF COURSE RENOVATION 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, MAY 3, 2004 ~ ~ Golf Course - MVM Memo Golf Course - Staff Memo INVOCATION Msgr. Wayne Ressler, Pastor of S1. Raphael's Cathedral PROCLAMATIONS Mental Health Month (May, 2004) Historic Preservation Week (May 3 - 7, 2004) Nursing Home Week (May 9 -15,2004) Arbor Day (May 17, 2004) ~ ~ ~ ~ Mental Health Month Historic Preservation Nursing Horne Week Arbor Day 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. .,00' , 1. Minutes and Reports Submitted Airport Commission of 418; Cable TV Teleprogramming Commission of 4/6; City Council of 4/19; Historic Preservation Commission of 4/15; Housing Code Appeals Board of 3/16; Housing Commission of 3/23; Housing Commission Trust Fund of 4/2; Human Rights Commission of 3/8; Library Board of Trustees of 3/28 Proof of publication of City Council Proceedings of April 5, 2004 Library Board of Trustees Update from Meeting of April 22, 2004 Dubuque Area Chamber of Commerce Convention and Visitors Bureau Quarterly Report Fiscal Year 2004 Third Quarter Report of Substance Abuse Services Center Suggested Disposition: Receive and File ~ ~ ~ ~ ~ ~ Airport Cable TV City Council HPC Housing Hsg Trust Fd ~ ~ ~ ib CVB Report ib SASC Report Human Rights Library Board Library Update 2. Notice of Claims/Suits Craig W. Crist for property damage; Donna Flynn for personal injury; Donald Kowalski for personal injury/vehicle damage; Lynne Jagielski for personal injury; Nathan McAvan for property damage; Angela McCarthy for personal injury; Brenda Smothers for personal injury 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: Steve and Kathy Cornelius for property damage; Craig W. Crist for property damage; Donna Flynn for personal injury; Donald Kowalski for personal injury/vehicle damage; Nathan McAvan for property damage; Brenda Smothers for personal injury Suggested Disposition: Receive and File; Concur ib , "ooÇlairns - lCAP 2 3. Legislative Correspondence Communication of City Manager to area legislators urging support for SR 2291 - Rehabilitating Abandoned Properties. Communication of City Manager to area legislators urging their opposition to any efforts to approve SJR 2010 which imposes a constitutional amendment requiring voter approval of tax increases. Communication of City Manager to area legislators encouraging them to vote no for a House amendment to HF 2574, a Department of Revenue technical correction bill. Communication of City Manager to area legislators urging their support of HF2578 which provides funding for Community Attraction and Tourism (CAT). Communication of City Manager to Senator Charles Grassley and Senator Tom Harkin expressing opposition to the Internet Tax-Non-Discrimination Act and support for the Internet Access Tax Ban Extension and Improvement Act as a substitute bill. Suggested Disposition: Receive and File SR m SJR 2010 ~ !& ø HF 2574 HF 2S78 State Senator List State Representative List ~ fi Grassley Ltr Harkin Ltr 4. Collective Bargaining Agreement Between City and Teamster's Local #421 City Manager recommending approval of an amendment to the collective bargaining agreement between the City of Dubuque and the Teamster's Union, Local #421 to provide for a work week that consists of ten hours per day and four days per week for Airport Maintenanceworkers. Suggested Disposition: Receive and File; Approve ~ ~ Teamsters - MVM Memo Teamsters - Staff Memo Teamsters - Amendment ..>-" " 3 5. Iowa Utilities Board Communication from Chuck Seel, Iowa Utilities Board, regarding the Interstate Power and Light Company electric rate increase requested. Suggested Disposition: Receive and File ib Iowa Utilities Board 6. United States Environmental Protection Agency . Communication from the United States Environmental Protection Agency acknowledging receipt of materials from the City to fulfill a requirement under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. Suggested Disposition: Receive and File ib EPA Ltr 7. Chemical Compound Building Renovation Project City Manager recommending acceptance of the Chemical Compound Building Renovation Project at the Eagle Point Water Plant as completed by Kluck Construction in the final contract amount of $35,848.36. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ ~ ~ Building - MVM Memo Building - Staff Memc Building-Resolution. 8. Southwest Arterial Supplemental Agreement City Manager recommending approval of a Supplemental Agreement with the Iowa Department of Transportation for the preliminary design of Iowa Highway 32 (Southwest Arterial). RESOLUTION Approving the Iowa Department of Transportation Supplemental Æ\greement for preliminary design of Iowa Highway 32 (Southwest Arterial) Suggested Disposition: Receive and File; Adopt Resolution 4 ~ ~ ~ ib mOT Ltr and Agreement Agreement - MVM Memo Agreement - Staff Memo Agreement - Resolution 9. Howard R. Green Supplemental Agreement No.2 City Manager recommending approval of Supplemental Agreement No. Two between the City and Howard R. Green for the University Avenue Extension Project. RESOLUTION Approving Supplemental Agreement No.2 between the City of Dubuque and the Howard R. Green Company for the University Avenue Project (STP-U- 2100(623)~ 70-31) Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ib Agreement #2 Green - MVM Memo Green - Staff Memo Green - Resolution 10. Klingenberg Terrace - Quit Claim Deed City Manager recommending approval of the acceptance of a quit claim deed from U.S. Bank, NA for right-of-way on Klingenberg Terrace for property the City purchased in 1999 for construction of a retaining wall. RESOLUTION Accepting a conveyance of property, a part of Lot 2 of 1 of the subdivision of Lots 138, 140 and 142 ofL.H. Langworthy's Addition in the City of Dubuque, Dubuque County, Iowa, more particularly described in Exhibit A, to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ib Map and Plat ib Quit Qaim Deed Deed - MVM Memo Deed - Staff Memo Deed - Resolution 11. Compensation Estimates - US Highway 20 City Manager recommending approval of the use of Compensation Estimates for three parcels of property needed as temporary construction easements for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's. RESOLUTION Establishing the use of compensation estimates for the acquisition of temporary construction easements owned by Thomas T. and Lee Ann Frost, Best Car Washes, L TD (owner), University Carwash Inc. (tenant), and James E. and Linda Stark (owners), Colonial Terrace Animal Hospital, P.C. (lessee) Suggested Disposition: Receive and File; Adopt Resolution 5 ~ ~ ~ [ib Vicinity Map US 20 - MVM Memo US 20 - Staff Memo US 20 - Resolution [ib Exhibits A, Band C Establishment of Fair Market Value - Eunice and James Newman City Manager recommending approval of the establishment of the fair market value of the Eunice and James Newman property needed for right-of-way for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's. 12. RESOLUTION Establishing fair market value for the acquisition of certain real property owned by James E. Newman in the City of Dubuque, Iowa for the University Avenue extension project Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Newman - MVM Memo Newman - Staff Memo Newman - Resolutior [ib Newman - Plat of Survey 1042 Main Street- Demolition Request Historic Preservation Commission recommending approval of a request from Gronen Adaptive Reuse LLP/John Gronen for demolition of a structure at 1042 Main Street. Suggested Disposition: Receive and File; Approve 13. ~ ~ [ib Demolition Application ~ 1042 Main - HPC Ltr 1042 Main - Staff 1042 Main - Photos Report [ib Demolition Map ib Site Inventory Form 1066 Main Street - Demolition Request Historic Preservation Commission recommending approval of a request from Gronen Adaptive Reuse LLP/John Gronen for demolition of a structure at 1066 Main Street. Suggested Disposition: Receive and File; Approve 14. ~ ~ ~ [ib Demolition Application 1066 Main - HPC Ltr 1066 Main - Staff 1066 Main - Photos Report [ib Demolition Map [ib Site Inventory Form 1086 Main Street - Demolition Request Historic Preservation Commission recommending approval of a request from Gronen Adaptive Reuse LLP/John Gronen for demolition of a structure at 1086 Main Street. Suggested Disposition: Receive and File; Approve 15. ."~_.. 6 16. 17. 18. ~ ~ [ib Site Inventory Form ~ [ib Demolition Application ib Demolition Map 1086 Main - HPC Ltr 1086 Main - Staff 1086 Main - Photos Report Dubuque Museum of Art City Manager recommending approval of a request from the Dubuque Museum of Art (DuMA) to defer payments on their $300,000 Downtown Rehabilitation Loan until July 1, 2006 and accept the Personal Guaranty from Charles E. Stoltz as collateral for the deferred payments. Suggested Disposition: Receive and File; Approve ~ ~ ~ DuMA Ltr DuMA - MVM Memo DuMA - Staff Memo Dubuque Industrial Center West - 3rd Addition City Manager recommending approval of the issuance of a Request for Proposal (RFP) for the selection of a consultant to do the design of the next phase of the Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve ~ ~ ~ '"Ë!J DICW - MVM Memo DICW - Staff Memo RFP Purchase of Iowa Department of Transportation Right-of-Way City Manager recommending approval of the purchase of 58,588 square feet of property from the Iowa Department of Transportation for placement of a sign for the Dubuque Technology Park at a cost of $14,647. RESOLUTION Approving the purchase of Lot F of Dubuque Technology Park Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ [ib lOOT - Plat of Survey mOT - MVM Memo lOOT - Staff Memo !DOT - Resolution .-,,--- 7 19. 20. 21. 22. Quarterly Investment Report City Manager transmitting the March 31, 2004 Quarterly Investment Report. Suggested Disposition: Receive and File ~ ~ ~ ~ Report - MVM Memo Report - Staff Memo CD Accrued Interest Investment Summar) Cash Investments ~ Schedule of Funds U.S. Department of Homeland Security Communication from the U.S. Department of Homeland Security/United States Coast Guard advising that the facility security plan for Rivers Edge Plaza does not meet the requirements of Title 33 Code of Federal Regulations and providing a summary of the insufficient or missing element(s) of the plan. - Suggested Disposition: Receive and File [ib Coast Guard Ltr Arboretum Drive - Parking City Manager recommending denial of the request for no parking on the south side of Arboretum Drive as Jack Frick, Board President of the Dubuque Arboretum and Botanical Gardens, has withdrawn his original petition and his modified petition. Suggested Disposition: Receive and File; Approve ~ ~ [ib Arboretum - Background Info Arboretum - MVM Memo Arboretum - Staff Memo Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Lien Oriental American Food Store and Beecher Beverage RESOLUTION Granting the issuance of a Class "A" (Club) Liquor License to Dubuque Moose Lodge; Class "C" Beer/Liquor License to Dempsey's/Molly's Pub; Charhouse R,Ëstaurant; Breaktime Bar and Grill; Central Tap; Denny's Lux Club; Shot Tower Inn; Olive Garden; Sublime; Lot One LLC; and Class "B" Wine Permit to Beecher Beverage 8 Suggested Disposition: Adopt Resolutions ~ ~ Resolution #1 Resolution #2 ITEMS TO BE SET FOR PUBLIC HEARING 1. Sale of Park Property City Manager recommending that a public hearing be set for May 17, 2004 to consider a request from Jeffrey and Julie Ann Chase to purchase a portion of Gay Park. RESOLUTION Of intent to dispose of City interest in Lot 1-3 of Grommersch Place, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/17/04 ~ ~ ~ [i Park - Map and Plat Park - MVM Memo Park - Staff Memo Park - Resolution 2. Residential Parking Permit District City Manager recommending that a public hearing be set for May 17, 2004 to consider a request from residents on West 11 th Street, West 16th Street, Cornell Street and Picket Street. RESOLUTION Setting a public hearing on establishing a Residential Parking Permit District on West 15th Street, West 16th Street, Cornell Street, and Picket Street, Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/17/04 ~ ~ ~ [ib RPPD - Background Info RPPD - MVM Memo RPPD . Staff Memo RPPD - Resolution 3. Tax Increment Revenue Bonds - Lower Main Development, LLC. City Manager recommending that a public hearing be set for May 17, 2004 to consider the issuance of not to exceed $185,000 in urban renewal tax increment revenue bonds to support Lower Main Development, L.L.C.'s redevelopment of the former Weber Paper Company Building. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $185,000 urban renewal tax increment revenue notes of Dubuque, Iowa, and providing for publication of notice thereof 9 Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Lower Main - MVM Memo Lower Main - Staff Memo Lower Main - Resolution 4. Eagle Point Water Plant Elevator Replacement Project City Manager recommending initiation of the public bidding process for the Eagle Point Water Plant Elevator Replacement Project and that a public hearing be set for June 7, 2004. RESOLUTION Adopting preliminary plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/7/04 ~ ~ ~ Elevator - MVM Memo Elevator-Staff Memo Elevator - Resolutions 5. Roosevelt Road Phase II Water Main Extension Project City Manager recommending initiation of the public bidding process for the Roosevelt Road Phase II Water Main Extension Project and that a public hearing be set for June 7, 2004. RESOLUTION Adopting preliminary plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/7/04 ~ ~ ~ ~ Roosevelt - MVM Memo Roosevelt-Staff Memo Roosevelt - Resolutions Roosevelt-Map ..>-"" 10 BOARDS/COMMISSIONS Appointments to the following Commission: Civil Service Commission (One 4-Year Term to Expire 4/6/08 - Mayor Appointment) Applicants: Dick Wertzberger ~ ~ [ib Civil Service Applications Bd and Comm List Overview Sheet PUBLIC HEARINGS SUSPEND THE RULES 1. Lease Agreement with Hoffmann Schneider Funeral Home Proof of publication on notice of hearing to consider a lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park and City Manager recommending approval. Suggested Disposition: Receive and File; Approve ~ ~ ~ Lease - MVM Memo Lease - Staff Memo Hoffmann Schneider Lease Material from April 19, 2004 Meeting ~ ~ Lease - MVM Memo Lease - Staff Memo 2. Right-of-Way Easement Proof of publication on notice of hearing to consider vacating a 1 O-foot wide right-of-way easement in the City of Dubuque, Iowa, in accordance with an agreement adopted by City Council on February 16, 2004 with Kivlahan Farms, LLC and City Manager recommending approval. RESOLUTION Disposing of interest and vacating a right-of-way easement overLot N Arbor Estates, being a part of the SE Y. of the SE Y. of Section 9, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~ ~ .,Easement - MVM Memo Easement-Staff Memo 11 Material from April 19, 2004 Meeting ~ ~ ~ ~ [ib Easement - Vicinity Map Easement - MVM Memo Easement-Staff Memo Easement - Resoiution Reiease of Easement ib Easement - Exhibit A 3. Fiscal Year 2004 Budget Amendment Proof of publication on notice of hearing to consider the fourth amendment to the Fiscal Year 2004 budget and City Manager recommending approval. RESOLUTION Amending the Fiscal Year 2004 Budget Suggested Disposition: Receive and File; Adopt Resolution ~ ~ Budget - MVM Memc Budget Amendment Material from April 19, 2004 Meeting ~ ~ ~ ~ Budget - MVM Memc Budget - Staff Memo Budget-Resolution Budget Amendment Amendment Notice 4. 2004 Curb Ramp Installation - CDBG Project No.1 Proof of publication on notice of hearing to cònsider adoption of the plans and specifications for the 2004 Curb Ramp Installation - CDBG Project No.1 and City Manager recommending award of the contract to Kluck Construction in the amount of $29,550. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ ~ Curb Ramp - MVM Memo Curb Ramp - Staff Memo Curb Ramp- Resolutions Curb Ramp - Bid Tat .-,,-- 12 Material from April 19, 2004 Meeting ~ ~ ~ Curb Ramp - MVM Memo Curb Ramp - Staff Memo Curb Ramp- Resolutions REINSTATE THE RULES ACTION ITEMS 1. Dubuque Humane Society City Manager recommending that the City accept the termination notice from the Dubuque Humane Society and pursue alternative methods of service delivery. Communication from Jennifer A. Clemens-Conlon regarding the Dubuque Humane Society Contract. Suggested Disposition: Receive and File; Approve ~ ~ Ii] Humane Society - Humane Society - Attachment #1 MVM Memo Staff Memo [ib iJ] iJ] Background Humane Sodety Ltr Conlon Ltr Information ~ ~ ~ Attachment #2 Attachment #3 Humane Society Agreement 2. Arbor Estates - Final Plat (Tabled on April 19, 2004) City Manager recommending approval of the final plat of the second phase of Arbor Estates. RESOLUTION Adopting final plat of Lots 12 thru 19, inclusive, of Block 5, Lots 1 thru 10, inclusive of Block 6, Lots 3 thru 5, inclusive, Block 7, Lot 1 of Block 8, Lot 1 of Block 9, and Lots H thru N, inclusive, all of Arbor Estates in the City of Dubuque, Iowa Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution ~ ~ ~ ~ Arbor Estates - MVM Memo Arbor Estates - Staff Memo Arbor Estates - Staff Report Arbor Estates - Resolution iJ] Arbor Estates - - "~-'/i<:inity Map [ib Arbor Estates - FInal Plat 13 3. UDAG Loan for Medline City Manager recommending approval of a UDAG Loan of $62,000 to Medline as the City's match for the company's application to the Iowa Department of Economic Development (IDED) for an Iowa Values Fund forgivable loan to support their expansion project in Dubuque. RESOLUTION Approving a UDAG loan of sixty-two thousand dollars ($62,000) to Medline Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Medline - MVM Mem( Medline - Staff Memc Medline - Resolution 4. Port of Dubuque Passenger Boarding Facility City Manager recommending that the City abandon current plans to build a stand-alone transit passenger boarding facility in the Port of Dubuque; that a portion of local matching funds from an existing CIP be used to leverage a grant from the State of Iowa to expand the existing waiting area at the KeyLine Transit Office; and that the remaining funds in the CIP be redirected to the additional costs anticipated in the new garage project on Kerper Court and improvements to the bus shelter system. Suggested Disposition: Receive and File; Approve ~ ~ ~ ø ~ Shelter - MVM Memc Shelter - Staff Memo Shelter - Roof Design Shutile Map Shelter-Frame Design 5. Five Flags Civic Center - Privatization City Manager recommending authorization to negotiate a five year Management Agreement with Compass Facility Management, Inc. to manage the Five Flags Center beginning July 1, 2004. Communication regarding IPERS coverage for Five Flags Civic Center employees. Communication and proposal from Compass Facility Management, Inc. Proposal from SMG. Suggested Disposition: Receive and File; Approve ~ ~ ~ [jJ] IPERS Ltr Compass Proposal ..Ji'-'e Flags - MVM - Memo Compass Ltr NOTE: SMG Proposal included on CD as a separate file due to size 14 Material from April 19, 2004 Worksession ~ ~ ~ ~ ~ Five Rags - MVM Memo Commission Memo Five Flags - Staff Memo Five Rags - RFP Five Flags - Proposals ~ [ib ~ Expense and Five Flags - Budget Expense/Revenue Revenue History tm ~ Number of Events Types of Events Organization Chart LItJ ib Five Flags - Sketches FIVe Flags Revenue ~ ~ Mission Statement 2004 Final Summary 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 Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)G) 2003 Code of Iowa Jeanne F. Schneider April 29, 2004 .-.0" 15